Full terms and conditions of sale

1. COMMITMENT

1.1 Bergviks Auktionstjänst i Söderhamn AB undertakes to sell items submitted by the seller at auction on the conditions stated below as a commissioner. Bergviks Auktionstjänst has the right to sell submitted items at the auction that, according to Bergviks Auktionstjänst's assessment, gives the best result or for other reasons is most appropriate.

2. CONSIGNMENT

2.1 The seller is responsible for ensuring that he or she has full and unrestricted ownership of items that he or she submits to Bergvik's Auktionstjänst for sale or, if the item is owned by a third person, that he or she has full and unrestricted right to sell and collect payment for this item.

2.2 If the seller does not own the object that he or she offers for sale, he or she must prove in writing his authorization to sell the object. However, Bergvik's Auktionstjänst is not obliged to check the seller's authorization to sell the item without special reason.

2.3 As soon as Bergvik's Auktionstjänst decides to undertake the assignment to sell the item, a written / digital sales agreement shall be established between Bergvik's Auktionstjänst and the consignor.

2.4 Bergvik's Auktionstjänst reserves the right to unilaterally and without the right to compensation to the seller withdraw the sales assignment of a certain item if doubts arise regarding the authenticity of the item, the ownership of the item or other information that Bergvik's Auktionstjänst deems essential.

2.5 The seller or the person submitting the item is obliged to inform Bergvik's Auktionstjänst of known errors and defects in the item.

2.6 Revocation of the sales order shall be made in writing. The seller does not in any case have the right, without the consent of Bergvik's Auktionstjänst, to revoke the sales assignment later than three days before the item begins to be shown to the public. If the seller cancels the sales assignment, he shall compensate Bergvik's Auktionstjänst for the costs of handling and valuation of the items, etc. with an amount corresponding to sales fees according to section 4.1 calculated on the auction price.

2.7 All transportation of items to and from Bergvik's Auktionstjänst is at the seller's expense and risk.

3. CATALOGING

3.1 Bergvik's Auktionstjänst has full and unrestricted right to determine how items are to be described and how items are to be depicted online.

3.2 All photographs and images are the property of Bergvik's Auktionstjänst and may, without special compensation, be used for purposes unrelated to the sale.

3.3 The estimate is based on a market-adjusted valuation of the item prior to the auction. The estimate is only an estimate and a guide for buyers and the price at which an item is finally sold may be substantially higher or lower than the hammer price.

4. SALE FEES

4.1 For each auction item, a commission of 18.75% incl. VAT of the hammer price and a fixed fee of SEK 80 incl. VAT for photography and insurance will be charged.

5. STORAGE AND INSURANCE

5.1 Submitted items are insured by Bergvik's Auktionstjänst from receipt against damage in connection with burglary, fire or water damage, as well as against theft or breakage to a maximum value corresponding to the advertised price minus sales fees or club price minus sales fees, unless a separate agreement on another insurance value has been concluded.

5.2 Bergvik's Auktionstjänst is responsible for ensuring that submitted items are stored in a safe manner.

5.3 Bergvik's Auktionstjänst cannot be held responsible for damage to picture glass and frames or for natural changes in living materials such as fading of paper and cracks in wood or wear and tear in connection with display.

5.4 Bergvik's Auktionstjänst is not obliged to compensate the seller for any damage exceeding the insurance value of submitted items according to section 5.1.

5.5 Bergvik's Auktionstjänst's liability for submitted items is limited to what is stated in these terms and conditions.

6. RESERVE PRICE

6.1 Reserve price means that Bergvik's Auktionstjänst on behalf of the Seller agrees that items are not sold below the agreed acceptance price. The acceptance price may not exceed the estimated price. The agreed reserved price shall be approved by Bergvik's Auktionstjänst and shall be confirmed in the sales contract or in writing at a later date by agreement with Bergvik's Auktionstjänst.

6.2 If an item does not reach the reserve price or is ends up without a bid being received, the item is returned to the seller.

6.3 Bergvik's Auktionstjänst has the right to sell an item below the reserve price provided that the seller is paid as much as if the sale had reached the acceptance price.

7. ACCOUNTING

7.1 After the auction, the seller receives a written preliminary report of the auction result.

8. PAYMENTS

8.1 Payment to the seller shall be made no later than thirty (30) days after the end of the auction provided that full payment has been received from the buyer and that no complaint, cancellation or exercise of the statutory right of withdrawal has been made. In the case of sales to regular customers, the buyer has a statutory withdrawal period of fourteen (14) days from when the buyer takes possession of the item (withdrawal period). If the buyer's withdrawal period has not expired at the time of ordinary payment, the payment to the Seller is postponed to five (5) banking days after the expiry of the withdrawal period, provided that the buyer has not notified Bergvik's Auktionstjänst within the withdrawal period that the buyer wishes to exercise his right of withdrawal. If the buyer has notified Bergvik's Auktionstjänst of this but does not return the item in the statutory time (return period), Bergvik's Auktionstjänst has the right to demand fulfillment of the purchase from the buyer. In such case, the payment to the Seller is postponed to five (5) banking days after the expiration of the return deadline (i.e. to a maximum of twenty-eight (28) days, plus five (5) banking days, from the time when the buyer is considered to have taken possession of the item).

8.2 Bergvik's Auktionstjänst keeps payments received from buyers separated in a client funds account in accordance with the law on accounting funds.

8.3 If the buyer has used the statutory right of withdrawal within the withdrawal period, the sale is canceled and the item is put up for new sale with unchanged terms of sale.

8.4 If the buyer has not made full payment at the time of payment according to point 8.1, or if a complaint has been made, the sale will be cancelled, unless Bergvik's Auktionstjänst and the seller agree to continue to demand payment from the buyer. Bergvik's Auktionstjänst has no obligation to take measures against the buyer unless a special agreement has been reached with the seller.

8.5 If the seller has an overdue debt with Bergvik's Auktionstjänst, Bergvik's Auktionstjänst has the right to offset such debt before payment is made to the seller.

9. UNSOLD ITEMS

9.1 If an item is not sold and unless otherwise agreed, Bergvik's Auktionstjänst has the right to resell the item at auction again without prior notice. If the object has already been auctioned three times, Bergvik's Auktionstjänst has the right to publish the object three more times. Items that are not to be resold must be picked up no later than 7 days after the auction.

9.2 If the object has not been picked up according to point 9.1, Bergvik's Auktionstjänst has the right to donate the object to a charitable cause or resell the object at a reduced reserve price even without the seller's written approval.

9.3 If the seller has an overdue debt with Bergvik's Auktionstjänst, Bergvik's Auktionstjänst has the right to withhold unsold items as security for the seller's payment of such debt.

9.4 In the event of the seller's failure to make payment for an overdue debt with Bergviks Auction Service, or to pick up unsold items acc. section 9.1, Bergvik's Auktionstjänst is entitled to take the following measures:

(I) Sending items to warehouse at any forwarding company. All transport and storage costs are charged to the seller.

(II) Resale of the item on behalf of the seller.

Bergvik's Auktionstjänst has full and unrestricted right to determine the auction form, starting price and whether or not the item shall be assigned a reserve price. Bergvik's Auktionstjänst has the right to withdraw from the compensation for all claims that Bergvik's Auktionstjänst has against the seller.

10. LIABILITY FOR ERRORS

If Bergvik's Auktionstjänst becomes responsible towards the buyer for errors in sold items, Bergvik's Auktionstjänst has the right to demand compensation from the seller corresponding to the compensation that Bergvik's Auktionstjänst may have issued to the buyer due to the error. The seller is aware of the general conditions that Bergvik's Auctionstjänst applies to buyers at auctions.

We do not guarantee that the services at https://www.auktionstjanst.se are always available. Bergvik's Auktionstjänst is not responsible for any inconvenience or financial effects that affect customers due to the bidding function or other functions not being available at all times.

11. PERSONAL INFORMATION, MONEY LAUNDERING ETC

11.1 Personal data, such as name, address, social security number, telephone number and e-mail address, provided in connection with Bergvik's Auktionstjänst's services or otherwise within the framework of a contractual relationship with Bergviks Auktionstjänst, is used for the administration and fulfillment of Bergviks Auktionstjänst's obligations relating to the auction business, for to be able to provide good service and to fulfill obligations according to law. The personal data may also be processed for market and customer analyzes and statistics as well as for marketing purposes, such as targeted advertising, administrative messages, product offers, newsletters, etc.

11.2 The personal data may be updated and supplemented by collection from private and public registers.

11.3 For specified purposes, personal data may be disclosed to companies that Bergvik's Auktionsstjänst cooperates with.

11.4 Bergvik's Auktionstjänst applies the law (2017:630) on measures against money laundering and the financing of terrorism in all its operations. This legislation is based on mandatory EU directives. As a result, additional personal data may be processed by Bergvik's Auktionstjänst.

11.5 The seller has the right, upon written request, to receive written information about what personal data Bergvik's Auktionstjänst has registered and how this data is used. The Seller also has the right to request that Bergvik's Auktionstjänst correct or remove incorrect information about the Seller. Anyone who does not want his/her personal data to be processed for purposes related to direct marketing must send a written request to this effect to Bergvik's Auction Service. For more information about Bergvik's Auktionstjänst's handling of personal data, see Bergvik's Auktionstjänst's privacy policy.

12. FORCE MAJEURE

12.1 Bergvik's Auktionstjänst is exempt from penalty for failure to fulfill a certain obligation under this agreement if the failure is based on a circumstance of the kind stated below and the circumstance prevents or significantly complicates the timely fulfillment thereof. Acts of war, currency restrictions, shortage of means of transport, fire, authority action, changed legislation, labor conflict, general shortage of goods, reductions in driving force, accidents or similar circumstances shall be regarded as liberating circumstances. If Bergvik's Auktionstjänst's fulfillment of a certain obligation is delayed by more than three months due to extenuating circumstances, the seller has the right to cancel the agreement in writing without liability for compensation.

13. DISPUTE

13.1 Disputes regarding these conditions shall be settled according to Swedish law at a court in Sweden.