Full Terms and condition of selling

1. COMMITTMENT

Dalarna J.Ö Auktionsbyrå AB undertakes to sell items submitted by the seller as commissioner at auction under the conditions stated below. Dalarnas Auktionsbyrå has the right to sell submitted items at the auction that, according to Dalarna Auktionsbyrå's assessment, gives the best results or is most suitable for other reasons.

2. CONSIGMENT

2.1 The seller is responsible for the fact that he has full and unrestricted ownership rights to objects that he leaves to Dalarnas Auktionsbyrå for sale or, if the object is owned by a third party, that he has full and unrestricted rights to sell and collect liquidation for this object.

2.2 If the seller does not own the object, which he offers for sale, he must prove in writing his authority to sell the object. However, Dalarnas Auktionsbyrå is not obliged to check the seller's authority to sell the item without a special reason.

2.3 As soon as Dalarnas Auktionsbyrå has decided to undertake the task of selling the item, a written / digital sales agreement must be drawn up between Dalarna Auktionsbyrå and the seller.

2.4 Dalarnas Auktionsbyrå reserves the right to withdraw unilaterally and without the right to compensation to the seller from the sale assignment of a certain item if doubts arise regarding the authenticity of the item, the ownership of the item or other information that Dalarna Auktionsbyrå deems essential.

2.5 The seller or the person submitting the item is obliged to inform Dalarna Auktionsbyrå of known errors and defects in the item.

2.6 Revocation of the sales assignment must take place in writing. In no case does the seller have the right, without consent from Dalarna Auktionsbyrå, to withdraw the sales order later than three days before the item starts to be shown to the public. If the seller withdraws the sales assignment, he must reimburse Dalarnas Auktionsbyrå for costs for handling and valuation of the items, etc. with an amount corresponding to sales fees according to point 4.1 calculated on the asking price.

2.7 All transport of items to and from Dalarna Auktionsbyrå takes place at the seller's expense and at the seller's risk.

3. CATALOGING

3.1 Dalarnas Auktionsbyrå has full and unrestricted right to decide how objects are to be described and how objects are to be depicted on the Internet.

3.2 All photographs and images are the property of Dalarnas Auktionsbyrå and may, without special compensation, also be used for purposes unrelated to the sale.

3.3 The estimate is based on a market-adjusted valuation of the item before the auction. The estimate is only an assessment and a guide for buyers and the price at which an item is ultimately sold may be substantially above or below the estimate.

4. SALES COMMISSION

4.1 For each auction item, a commission of 15% incl. VAT on the hammered amount and a hammer fee of SEK 50 incl. VAT.

5. STORAGE AND INSURANCE

5.1 Submitted items are insured by Dalarnas Auktionsbyrå against damage in connection with burglary, fire or water damage, as well as against theft or breakage to a maximum value corresponding to the estimate minus sales fees or the hammered price minus sales fees, unless a special agreement on other insurance value has been concluded.

5.2 Dalarnas Auktionsbyrå is responsible for ensuring that submitted items are stored in a safe manner.

5.3 Dalarnas Auktionsbyrå 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 viewing.

5.4 Dalarnas Auktionsbyrå is not obliged to compensate the seller for any damage exceeding the insurance value of the submitted object according to point 5.1.

5.5 Dalarnas Auktionsbyrå's responsibility for submitted items is limited to what is stated in these terms and conditions.

6. RESERVE PRICE

6.1 With a reserve price means that Dalarnas Auktionsbyrå, on behalf of the Seller, monitors that items are not sold below the agreed acceptance price. The reserve price must not exceed the estimate. The agreed reserve price must be approved by Dalarnas Auktionsbyrå and must be confirmed in the sales agreement or in writing at a later date after agreement with Dalarnas Auktionsbyrå.

6.2 If an item does not reach the reserve price, the item goes back to the seller.

6.3 Dalarnas Auktionsbyrå has the right to sell an item below the reserve price, provided that the seller is paid the same amount as if the sale had reached the reserve price.

7. SALES REPORT

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

8. PAYMENT

8.1 Payment to the seller takes place 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 or cancellation has taken place.

8.2 Dalarnas Auktionsbyrå keeps payments received from buyers segregated in a client funds account in accordance with the Act on accounting funds.

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 is cancelled, unless Dalarnas Auktionsbyrå and the seller agree to continue to demand payment from the buyer. Dalarnas Auktionsbyrå 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 Dalarnas Auktionsbyrå, Dalarnas Auktionsbyrå 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, Dalarnas Auktionsbyrå has the right to resell the item at auction again without prior notice. If the object has already been auctioned three times, Dalarna Auktionsbyrå 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 item has not been picked up according to point 9.1, Dalarnas Auktionsbyrå has the right to donate the item to a charitable cause or resell the item at a reduced reserve price, even without the seller's written approval.

9.3 If the seller has an overdue debt with Dalarnas Auktionsbyrå, Dalarnas Auktionsbyrå 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 Dalarnas Auktionsbyrå, or to pick up unsold items acc. point 9.1, Dalarnas Auktionsbyrå has the right 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. Dalarnas Auktionsbyrå has full and unrestricted right to determine the auction form, starting price and whether or not the item shall be assigned a reserve price. Dalarnas Auktionsbyrå has the right to charge compensation for all claims that Dalarna Auktionsbyrå has against the seller from the amounts received.

10. LIABILITY FOR ERRORS

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

We do not guarantee that the services at http://dalarnasauktionsbyra.se are always available. Dalarnas Auktionsbyrå is not responsible for any inconvenience or financial effects that customers experience 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 Dalarnas Auktionsbyrå services or otherwise within the framework of a contractual relationship with Dalarnas Auktionsbyrå, is used for administration and fulfillment by Dalarnas Auktionsbyrå of obligations attributable 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 Personal data may be disclosed for specified purposes to companies with which Dalarnas Auktionsbyrå cooperates.

11.4 Dalarnas Auktionsbyrå 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 Dalarnas Auktionsbyrå.

11.5 The seller has the right, upon written request, to receive written information about which personal data Dalarna Auktionsbyrår has registered and how this data is used. The Seller also has the right to request that Dalarna Auktionsbyrå 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 Dalarnas Auktionsbyrå. For more information on Dalarnas Auktionsbyrå handling of personal data see Dalarna Auktionsbyrå privacy policy.

12. FORCE MAJEURE

12.1 Dalarnas Auktionsbyrå 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 Dalarnas Auktionsbyrå'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.