Conditions of purchase
Please note that payment can be charged to your credit card 2 days after invoices have been sent. Buyer's Premium and, where applicable, Copyright fee are included in the bidding price. No fees will be added to your winning bid.
Conditions of purchase
These conditions of purchase are issued by Lauritz.com Danmark A/S ('LC') and apply to the purchase of goods and services on www.lauritz.com and other sites provided by Lauritz.com, Lyngebækgårds Allé 4, 2990 Nivå, Denmark, company reg. (CVR) no. 44208695. They are effective from November 26. 2024. The conditions of purchase are subject to change at any time at LC's discretion. By bidding and purchasing, the bidder accepts to be bound by the conditions of purchase that apply from time to time and are posted on Lauritz.com. The conditions of purchase apply to both businesses and consumers.
November 26, 2024
1 Signing up as a customer
1.1 To purchase goods and services from LC, the customer must create a customer profile and register their current and accurate personal data as well as payment/credit card details, and ensure that all information is up to date. Furthermore, the customer must read and agree to LC's conditions of purchase and sale and the privacy policy, and accept the terms of use. The customer and LC will communicate using the contact details provided by each party.
1.2 If a business registers as a customer, a natural person who is authorised and empowered to accept the terms of use and, if relevant, the conditions of purchase on behalf of the business must be provided as the contact person.
1.3 The customer is responsible for all actions performed while logged into the account.
1.4 If the customer violates LC's terms of business, applicable law and/or regulations, the customer profile may be permanently suspended from LC's service. In that case, the customer is not entitled to re-register as a user or use another customer's login to access the service.
1.5 LC may change these terms of use by notifying the customer via the email address provided by the customer in their user account or by posting a notice to this effect on the website. The new terms of use will be effective immediately if the customer continues to use the service or - where electronic acceptance is required - upon the customer's electronic acceptance of the terms of use.
2 Lot descriptions and valuation
2.1 All items will be valued by LC before being put up for auction at either Online Auction or Classic Auction, which is a physical auction. The valuation should be considered indicative, representing the estimated purchase price expected for the lot based on experience selling the same type of item and current market trends. The purchase price of a lot is determined by the buyers and thus the market. Since a valuation is an estimate, the purchase price may be higher or lower than expected. For all lots at Classic Auction, a reserve price is agreed, and the lot will not be sold below that price. A reserve price may also be agreed for some lots at Online Auction.
2.2 As a starting point, lots are sold at LC as second-hand furniture or similar items, with expected wear and tear consistent with their use and age. All auction lots are sold as is. LC is not responsible for natural wear and tear or any damage, flaws, gluing, changes in materials or defects. At Online Auction, if a lot has defects, flaws, repairs or deficiencies, LC will inform customers of the condition in the best possible way through the lot description and photograph(s). LC may change the lot description if new information about the lot becomes available, and if this affects its value, the lot can be withdrawn from auction and put up again with a new description. If the information provided about a lot is misleading or inadequate, this may constitute grounds for cancellation of the sale. At Classic Auction, lots are generally sold to the buyer without any description of defects and flaws and as viewed by the buyer at the pre-sale inspection.
2.3 All lots are put up for online sale on LC's website with a valuation, a description and photographs, and will be available for inspection in LC's showroom. Furthermore, an auction catalogue will be available for lots that are put up for sale at Classic Auction. Some lots are also marketed in advertisements, newsletters and on social media, which may continue to be visible for a period after the sale.
3 Bidding, buyer's premium and buyer's fee
3.1 On behalf of the seller, LC facilitates the sale of a lot which is sold during a bidding process at the highest possible price, regardless of its valuation. Bidding is anonymous, but the bidder's customer number is visible when a bid has been placed. The customer is liable for all bids placed under the customer number.
3.2 In some cases, LC may ask the bidder for further ID, proof of funds and a deposit. If the bidder is unable to provide such ID, proof or deposit to LC's satisfaction, LC may refuse to accept the bid.
3.3 At LC, auctions are settled in Danish kroner. During auction, the stated valuations, prices and bids are shown inclusive of the buyer's fees and charges, which include a buyer's premium of 25% and a buyer's fee of DKK 80 and any artist resale rights fees and taxes payable. As a result, the purchase price consists of the hammer price + the buyer's premium and fee + any artist resale rights fee and taxes.
3.4 At Online Auction, when the customer places a bid, the amount will show in the auction. The customer can also place a maximum bid, which in terms of functionality acts as a bidding agent up to the maximum amount which the customer is willing to pay for a lot. If there are no counter bids, the hammer price will be lower than the pre-set max-bid limit. If two customers bid the same amount, the first bid wins. At Classic Auction, the auctioneer will determine the amount of overbids and the pace of the auction.
3.5 At Classic Auction, bidding can take place in the following ways:
Pre-auction: Before Classic Auction, the lots are offered in a pre-auction on the website where bids can be placed. The pre-auction ends before the Classic Auction is held, and each lot then starts at a reserve price, which could be the highest pre-auction bid. Having the highest pre-auction bid does not guarantee having the highest bid for a lot.
In person: In order to bid and buy, the buyer must register with the auction house in question and be provided with a bidding card, which must be raised in order to bid during auction.
Live bidding: Classic Auctions are live-streamed, and bidders can place live bids on Lauritz.com.
Commission bidding: An advance bid for a lot can be placed online on Lauritz.com up to two hours before the start of Classic Auction. The same applies when using the max-bid service, which automatically bids up to the pre-set limit specified by the bidder. When the auction starts, the bid is placed as a commission bid, with an LC employee bidding on the bidder's behalf up to the pre-set limit. The commissioner bidder will always place the lowest possible overbid. A commission bid does not guarantee having the highest bid for a lot.
Telephone bidding: Our telephone bidding service is available on request up to two hours before the start of Classic Auction. The bidder is called by an LC employee, who then bids on the bidder's behalf during the auction.
3.6 The buyer is the bidder to whom the lot is sold by the fall of the hammer and who subsequently receives an email that signifies the conclusion of the contract to buy. Any bidders bidding on behalf of another person will be deemed to have assumed primary liability for the obligations of such other person as regards the purchase.
3.7 LC reserves the right to stop, extend or re-run an auction, if appropriate, e.g. in case of abuse, faults, errors, technical issues or unclear ownership. Physical auctions are attended by an auctioneer appointed by the enforcement court to ensure the proper conduct of the auction.
3.8 In some cases, the Danish Commission on the Export of Cultural Assets may impose an export ban to ensure that Danish cultural assets remain in Denmark. In those cases, the purchase will be cancelled and the lot is acquired by the Commission at the same price as the buyer at auction. The buyer will have no claim against LC in this respect.
4 Purchase and payment
4.1 At LC, auctions are settled in Danish kroner. During auction, the valuations and prices shown are inclusive of the buyer's fees and charges, which include a buyer's premium of 25% and a buyer's fee of DKK 80 and any artist resale rights fees and taxes payable. As a result, the purchase price consists of: Hammer price + buyer's premium + buyer's fee + any artist resale rights fee + any taxes.
4.2 The deadline for payment of the hammer price at auction is three (3) calendar days after the fall of the hammer (not including the day on which the auction on a lot ended). If the purchase price including fees and charges is not paid in accordance with LC's terms and conditions, the customer profile may be closed to prevent further buying and selling. If the payment deadline is exceeded by fourteen (14) days after the fall of the hammer, the purchase will be cancelled. LC is entitled at any time to offset losses or other sums due against the net proceeds from the sale of other lots belonging to the customer.
4.3 In case of any issues of relevance regarding current anti-money laundering legislation in connection with the sale of a lot, the buyer must upload photo ID and other information via the link provided, before the lot is handed over to the buyer.
4.4 According to Danish copyright law, an artist's fee (artist resale rights fee) is payable for works by recent Danish and certain foreign artists who are either living or have been dead for less than 70 years. The amount of the fee is based on the hammer price and the buyers' fees and charges and is collected by VISDA. If an artist resale rights fee/artist's fee is payable, this will be shown in the lot description by the letters "CD". The purchase price is inclusive of any artist resale rights fee payable, and LC will arrange for payment to VISDA.
4.5 Unless otherwise provided, lots put up for auction are sold in accordance with the current rules on second-hand VAT. Lots which are subject to the ordinary VAT rules (full VAT) are described as "vatable". The prices and valuations shown are inclusive of VAT, if any.
4.6 If the customer is a VAT-registered business and buys a lot which is subject to full VAT, a VAT deduction will be available for the hammer price, the buyer's premium and the buyer's fee according to the ordinary VAT rules. For lots subject to second-hand VAT, no VAT deduction will be available for the hammer price, the buyer's premium or the buyer's fee. In cross-border transactions, VAT is also payable according to the above rules. If the customer wishes to claim a VAT refund, the customer must contact the local tax authorities in the original country of purchase.
4.7 Customers paying via online banking or online payment will receive a confirmation email as a receipt, and an invoice will be available in the customer profile.
The following payment methods are accepted:
At each LC location: Debit/credit card (Visa, MasterCard) or cash payment of up to DKK 14,999
At Lauritz.com: Payment/credit card (Dankort, Visa, MasterCard)
Bank transfer to LC's account with Skjern Bank: Reg 7780 account 0006866677, Swift/BIC: SKJBDK22 - IBAN: DK3177800006866677, quoting the invoice number
MobilePay
If the customer chooses to register a preferred payment method, the payment details will be saved automatically and all information sent will be encrypted. To register a preferred payment method, the name on the customer profile must be the same as the name on the payment card. The customer may register multiple payment methods on their customer profile, but one of them must be the primary method.
4.8 Any overdue claims (including fees and charges) that are not paid in a timely manner can be referred by LC to a debt collection agency for collection.
5 Picking-up lots
5.1 Title to the lot will transfer to the buyer only when the purchase price and fees and charges have been paid in full.
5.2 In the event of fire, burglary, water damage or other incidents that cause damage to an item in LC's custody, the Danish Insurance Contracts Act (forsikringsaftaleloven) will apply. It is therefore the responsibility of the customer's home contents insurance or other insurance to cover the customer's property while it is temporarily in the care of a third party. If this is not the case, the item is normally insured by LC, and compensation will be set to the total purchase price.
5.3 After buying a lot, the buyer may pick it up at the auction house in question during opening hours immediately after purchase and payment. When picking up a lot, the buyer must present valid photo ID (passport or driving licence). If another person picks up the lot on the customer's behalf, that person must, in addition to presenting their own ID, also provide a copy of the customer's ID and written authorisation. If the buyer is prevented from picking up the lot themselves, various shipping options are available on LC's website. Some weapons require a valid weapons licence. Since a weapons licence is personal, weapons cannot be picked up by a third party unless the third party is an authorised transport company. The customer must notify LC if the customer is unable to pick up the lot before the expiry of the pick-up period.
5.4 Lots are stored free of charge for fourteen (14) days after the end of the auction, and after the 14-day period, a storage fee of DKK 150 per lot per week or part of a week is charged. If the buyer fails to pick up the lot within the 14-day period, this will be regarded by LC as a request for storage and acceptance of the storage fee.
5.5 If an unsold lot remains unclaimed for so long that the storage fee exceeds its value, LC is entitled, at the buyer's expense and risk and without regard to any reserve price, to auction off or otherwise sell the lot to recover the storage fee. Any over or under payment resulting from such proceeds will subsequently be paid to/collected from the customer.
5.6 Certain items are subject to the Washington Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), which governs trade in items made of material from endangered animals and plants. These types of items fall within the scope of CITES Appendices 1+2 and must have been acquired within the EU before the material in question was listed in the appendix. If the purchase is for export purposes, a re-export licence must be applied for and obtained by the buyer from the Danish authorities.
6 Cancellation rights
6.1 At Online Auction, customers who are consumers have a right of cancellation under the Danish Consumer Contracts Act (forbrugeraftaleloven). Customers who are consumers therefore have fourteen (14) days to withdraw from the contract without giving any reasons, from and including the day when the customer takes physical possession of the relevant lot, either personally or via an agent or carrier. If the customer cancels the purchase, the purchase price will be refunded in full. Any shipping ordered via LC by the buyer will be refunded, but the buyer must bear the return shipping costs. To exercise the right of cancellation, the customer must give written notice to LC before the expiry of the cancellation period, stating where the lot was purchased and that the customer has decided to cancel the purchase. At Classic Auction, the customer does not have a right of cancellation under the Consumer Contracts Act as these auctions are subject to the Danish Auctioneer Act (auktionslederloven), and purchases made at Classic Auction are therefore binding, regardless of how the bid was made during auction. This applies even if the bid was placed electronically via the website or as a commission bid.
6.2 If the customer decides to cancel the purchase, the lot must be returned to LC at the customer's own expense within fourteen (14) days. If the customer has not cancelled the purchase within the 14-day period and not returned the lot before the expiry of the return period, the customer is bound by the purchase and no refund will therefore be available. The customer is responsible for any damage to or loss of items in connection with the return process. Once the returned item has been received, LC will issue a refund within fourteen (14) days. Any damage or wear and tear to the item will be deducted from the refund and the amount of such deduction will be determined by LC.
6.3 If a storage fee has been incurred for an item at the time of cancellation, the buyer must continue to pay the storage fee as this is considered an additional service requested by the buyer in connection with the purchase. The amount of the storage fee will be deducted from the refund.
6.4 At Online Auction, no right of cancellation is available to professional dealers if the purchase is made in the course of their business activities.
6.5 Returned items for which there is no right of cancellation for the customer will be stored by LC and must be collected by the customer within seven (7) calendar days (not including the day on which the item was returned to the auction house). If the item is not collected within the 7-day period, the customer will be charged a storage fee and/or shipping costs.
6.6 If the right of cancellation is abused by the customer to avoid paying for a bid and the subsequent hammer price or to influence the price of a lot, or if the seller or persons from the seller's household bid on the seller's own lot, LC reserves the right to close the customer's account and deny access to the service. LC will assess on a case-by-case basis whether a customer's bidding patterns show a behaviour that constitutes abuse of the right to cancel.
6.7 If a customer has previously cancelled a purchase, the customer will not be allowed to bid on the same lot again when it is put up for auction again.
7 Warranty
7.1 LC does not warrant that the buyer will have continuous, uninterrupted or secure access to the service or the website or that information and instructions relating to the service are accurate and complete. Furthermore, LC has no liability for any faults, errors, delays, interruptions, technical/internet issues or external abuse during auction, and the buyer will have no claim against LC in this respect. To the extent permitted by law, LC makes no promises, warranties or representations regarding the service or the security of the information transmitted.
7.2 Furthermore, LC has no liability in respect of the buyer for business interruption, loss of profit, other indirect losses or consequential damage from a purchase made at auction.
8 Defects
8.1 At auction, all lots are sold as is. LC is not responsible for natural wear and tear or any damage, flaws or defects that do not show on the picture or are not mentioned in the lot description. Information provided about the identity of the author or the authenticity, age, provenance, technique or condition of the lot is for guidance only. It is the customer's responsibility before auction to examine and assess the condition and nature of the lot. If the information provided about the lot is misleading or inadequate, this may constitute grounds for cancellation of the purchase.
8.2 If discovering a material flaw or defect which justifies cancellation, the customer must inform LC no later than two years after the date of purchase. The purchased item must be returned to LC in the same condition as at the day of purchase. If these conditions are not fulfilled, the buyer will forfeit the right to cancel the purchase and will not be entitled to a refund of the purchase price. The buyer must pay the return costs.
8.3 In some cases, the provisions of the Danish Sale of Goods Act (købeloven) on defects may be relevant if the customer is able to show after the purchase that the lot description suffered from material flaws or errors that led to a higher hammer price. In those cases, the buyer will be entitled to cancel the purchase or, where relevant, to a proportionate reduction in the price. If the purchase is cancelled, the buyer will receive a full refund of the purchase price or, if deemed reasonable, a lesser amount. In the event of cancellation, the buyer will not be entitled to interest on the purchase price or any other expenses or losses, including loss of profit on resale.
8.4 The purchase cannot be cancelled if, on the day of purchase, the lot description was in accordance with the prevailing opinion of scholars and experts at that time. The same applies with regard to establishing possible forgery if, on the day of purchase, the only method available was through scientific processes that were either not recognised at the time or would have been disproportionately costly or impracticable without causing damage to the lot.
8.5 If a lot is damaged while in LC's custody, LC is entitled to repair minor damage or offer a proportionate reduction in the price for sold lots. If the damage is not repaired within a reasonable time after LC was notified of the damage, the customer is entitled to cancel the purchase and receive a refund if the lot is returned. If the lot is new and unused (i.e. not previously used), the customer may receive a reduction in the purchase price instead of having the item repaired.
9 Complaints and dispute resolution
9.1 If the buyer has a complaint, the buyer can always contact LC's customer service by email or telephone.
9.2 LC's terms of use are governed by law. Any dispute arising between the buyer and LC, including disputes regarding the interpretation or validity of these conditions of purchase, which cannot be amicably resolved is subject to Danish law. If the buyer's complaint remains unresolved, the buyer may submit the complaint to the complaints portal of the House of Committees: Klageportalen for Nævnenes Hus, Toldboden 2, DK-8800 Viborg.
9.3 If the buyer is not a Danish resident but resides in another EU country, the buyer may submit the complaint to the Online Dispute Resolution (ODR) platform, which is intended for EU consumers who shop online in other EU countries.
10 Privacy policy
10.1 LC is the data controller for the storage of personal data, and the privacy policy is available on Lauritz.com.
Latest update 29. november 2024
