Terms of use

1. Introduction

Bukowskis Market AB/ Bukowski Oy Ab through Bukowskis Market (“Bukowskis Market”) offers, via the Internet, an electronic market place (“The Service”) where a Customer (“The Customer”) may purchase items under the following terms and conditions (“The Terms and Conditions”). These Terms and Conditions, including the appendices Price list and Terms and Conditions of Sale, and other policies in respect of The Service as included in The Terms and Conditions constitute the entire agreement with regard to use of The Service. If The Customer does not accept being bound by these Terms and Conditions, The Customer does not have the right to use or have access to The Service.

2. Registration

The Customer registers with The Service by filling in the registration form. The Customer must provide correct personal information and address as well as keep the information updated. Through the registration the Terms and Conditions are accepted and The Customer undertakes to comply with the instructions given in respect of The Service. If a company registers as The Customer it is required that a physical eligible person with authority to bind the company by contract to The Terms and Conditions is also the contact person. The Service is not available to and must not be used by persons under 18 or people who otherwise have limited legal capacity, or by temporarily or definitively suspended Customers. The Customer is responsible for all actions that are carried out when logging in using The Customer’s name and password, and The Customer only has the right to use The Service by using his/her own login name and password. The Customer shall to the best of his/her ability ensure that the password is kept confidential and that it does not become known by any unauthorised person. The Customer does not have the right to transfer or sell the login name or password to an unauthorised person. Neither may The Customer allow, directly or indirectly, an unauthorised person to use his/her login name or password. The password must immediately be changed if there is reason to suspect that the information has been revealed or in any other way misused.

Bukowskis Market protects stored personal information. Bukowskis Market uses many technical solutions as well as third party registers in order to continually check the correctness of the information submitted by The Customer when registering on The Service and during the time The Service is used.

3. Use of personal information

Gathered personal information is used to supply, administer and check The Service as well as your use of The Service, such as preventing misuse of The Service.

A customer’s personal information is also used to make available more efficient support and to improve our content and our product range, as well as to tailor The Service’s content, layout and services. In addition, a customer’s personal information can be used for invoicing and to send important information to the customer, e.g. with regard to a change in charges or updating of price list, sales conditions or The Terms and Conditions.

External companies are occasionally engaged to supply certain services to The Customer. These can e.g. function as web hotels, conveyors or information intermediaries for The Customer. The company may only access such personal information that is necessary in order to carry out its undertakings. All such companies are bound by agreement and undertake not to use information for other purposes.

The Customer expressly consents to Bukowskis Market using his/her personal information to contact and submit information to The Customer that is particularly adapted to his/her interests, such as targeted advertising, administrative messages, product offers, newsletters, etc., which are relevant for The Customer’s use of the Website. If The Customer does not wish to receive these messages, he/she can refrain by informing us in writing.

4. Catalogue / Object description / Estimates

In both the catalogue and the object description stated estimates are based on a market valuation of the item prior to the auction and should only serve as guidance for the purchaser. The price at which an item is finally sold can essentially exceed or fall short of the estimate. Information in the catalogue as well as the object description could be changed owing to intervening circumstances. Any changes or supplements are posted at the time of the auction or stated in the object description. In cases where a change can be considered to be of significance to the value of the item Bukowskis Market retains the right to remove the item from The Service and possibly return with a new auction list.

5. Bidding and purchasing for Internet auctions

Objects that have been received in Sweden are valued, sold and paid for in Swedish Crowns (SEK). All additional fees are in Swedish Crowns (SEK).

Objects that have been received in Finland are valued, sold and paid for in Euro (€). All additional fees are in Euro (€).

The Customer who wishes to bid has the right to participate if he/she meets the Terms and Conditions.

To participate in bidding for your own submitted items or to manipulate bidding by proxy is not allowed.

The bidder has the right to place a bid that at least corresponds to the amount stated in the auction, or place a bid which corresponds to the highest amount that the Bidder is willing to pay for the item (“Max bid”). When a Bidder utilises the opportunity to place a Max bid, The Service automatically starts proxy bidding, which bids as advantageously as possible, on behalf of the Bidder up to the Max Bid. The winning bid could, therefore be lower than the stated Max Bid. If an auction ends with two equally high bids it is the first bid received by The Service that wins. If a Bidder places a bid which is lower than the reserve price The Service automatically starts the proxy bidding, which will bid up to the reserve price or to the Max Bid, whichever comes first. A bid wins if it is equal to or exceeds the reserve price. All bids are binding for the Bidder. A binding agreement is established between Bukowskis Market and The Bidder who after the auction has ended has placed the Winning bid (“The Purchaser”). Applicable terms and conditions of the purchase are explained in point 4 above.

6. Absentee bids for Live Auctions

Bukowskis Market accepts free of charge absentee bids on behalf of the bidder via the Internet as well as in Bukowskis Market’s auction house. The absentee bids are dealt with confidentially and must have reached Bukowskis Market no later than one hour before the start of the auction. In the event of equal bids the first to arrive shall have preference to purchase in cases where the bid becomes the highest at the time the estimate is reached. Bukowskis Market’s customer services bids on behalf of the principal as advantageously as possible and no higher than the price stated in the absentee bidding. Cancellation or change to the absentee bid must be made in writing and reach Bukowskis Market no later than the day before the auction. Bukowskis Market retains the right to disregard submitted absentee bids if the bidder is not considered to have the ability to pay or the possibility of collecting any purchased items within the prescribed time. The principal must personally check if the stated bid resulted in a purchase via www.bukowskismarket.com or at Bukowskis Market’s auction house. Bukowskis Market is not responsible for any damage that could befall the principal if Bukowskis Market neglects to carry out the absentee bidding. The Customer is responsible for purchases that take place as a result of an incorrect absentee bid.

7. Charges / Invoicing / Payment

For purchases via www.bukowskismarket.com sales and purchase commission is added for each individual auction item as well as any category fee, see separate price list which is included in these terms and conditions. Commission and any fees are charged in accordance with the price list that applies when ordering the service. The Customer shall pay all fees that can be attributed to his/her use of The Service as well as all possible taxes in connection therewith.

Payment and collection shall take place within seven (7) calendar days of the end of the auction. Receipt and proof of delivery shall be received in connection with payment at Bukowskis Market’s auction house. If payment is made via The Service you will receive the receipt electronically and the proof of delivery can be obtained at Bukowskis Market’s auction house. If payment has not been made within seven (7) calendar days of the auction Bukowskis Market has the right to demand that the purchase is carried out and demand interest on overdue payment corresponding to the discount rate of 8 % as well as a reminder fee. In the event of non-payment, Bukowskis Market has the right to cancel the purchase and receive payment for damage or resell the item on behalf of the purchaser without further advice to the purchaser at the estimate and reserve price that Bukowskis Market considers appropriate. When reselling, Bukowskis Market has the right, from the sum received, to profit from the reimbursement for claims as well as costs of selling the item. After settlement any additional sum will be reported to the purchaser. If the sales price is not sufficient to cover Bukowskis Market’s claims and costs for the resale, the purchaser must pay the difference.

8. Droit de Suite / Artist’s fee

In accordance with the Copyright Act (Sweden 1960:729, Finland 1961:404) and the EU Directive 2001/84/EG, an additional fee for the resale right in connection with resale of works of art and applied art will be charged. Resale right is copyright law remuneration to the benefit of the artist (the author) of an original work of art during his or her lifetime and to his or her heirs for seventy years after the author’s death. The fee is based on the hammer price and is to be paid by the buyer. See our price list. Auction lots that are subject to droit de suite are marked with a symbol in the printed auction list or alternatively shown on a special list displayed at the viewing and auction. Items covered by the artist’s fee are shown on each item’s page on The Service.

9. Collection / Transport

Collection or decision on conveyance of the purchased object can be carried out after receipt of full payment, however, no later than seven (7) calendar days after the end of the auction. For objects that have not been collected within the prescribed time a storage and handling fee will be charged in accordance with price list. Objects that have not been collected within eight (8) calendar days of the end of the auction Bukowskis Market has the right to transfer to a storage/forwarding company engaged by Bukowskis Market or alternatively, to resell in accordance with the conditions as shown in point 6 above, or dispose of the item.

10. Liability for faults

All items are sold as seen. It is up to the purchaser before the auction to thoroughly examine and appraise the condition and state of the item. Information in the auction list with regard to e.g. an item’s originator, authenticity, age, provenance, technique or condition only acts as guidance for the purchaser for his/her examination of the object. If information in the auction list is directly misleading this could constitute grounds for cancellation of the purchase. Bukowskis Market is not responsible under any circumstances for natural wear, damage and defects, any mounting of canvasses, condition of frames, natural changes in material such as e.g. bleaching of paper and formation of cracks in wood. Bukowskis Market is not responsible for the function of clocks and clockworks, mechanical or electronic objects. We are not responsible for the contents of an auction item comprising a part of an item. Bukowskis Market reserves the right to rectify such faults in items sold for which Bukowskis Market is responsible. If rectification does not take place within reasonable time from when the complaint was made the purchaser has the right to cancel the purchase and on return of the item, recover the purchase price paid. A complaint must be made immediately the purchaser notices or should have noticed the fault, however, no later than within seven (7) calendar days of the end of the auction. Bukowskis Market’s responsibility to the purchaser for faults is limited to price deduction or at most repaying the hammer price in addition to commission and VAT as well as any other charges. Bukowskis Market is thus not responsible for direct or indirect damage that the purchaser could be affected by.

Bukowskis Market (and our parent company, associated companies, staff, directors, representatives and employees) do not guarantee continual, unbroken or certain access to our services, and management of The Service can be interrupted by many factors beyond the control of Bukowskis Market. The Service is supplied without guarantee and as far as permitted by legislation Bukowskis Market discharges us from all guarantees or other obligations, both legal and otherwise, including, but not restricted to, obligations in respect of skill and expertise or requirements in respect of performance at a certain time.

11. Force majeure

Bukowskis Market is not responsible for loss suffered by the purchaser if Bukowskis Market has not been able to carry out certain obligations in accordance with the auction terms and conditions owing to military operation, industrial conflict, action by a public authority, fire or other accident or circumstances in general beyond the control of Bukowskis Market or which they could not foresee. The Purchaser has the right to cancel the purchase if Bukowskis Market has not been able to carry out certain obligations in accordance with the terms and conditions of sale within 3 months.

12. Personal Data Act

Bukowskis Market abides by the regulations of the Personal Data Act (Finland: 1999/523, Sweden: 1998:204) on the handling and registration of personal data. Bukowskis Market, will hereby supply information on Bukowskis Market’s treatment of personal data and for what purpose this is carried out as well as advise on what rights the Personal Data Act prescribes. Personal data submitted in connection with administration of a sales or purchase assignment or in general within the framework of a customer/contractual obligation to Bukowskis Market, is handled by Bukowskis Market for administration and performance of Bukowskis Market’s obligations attributable to the auction activities as well as obligations in accordance with the law. The personal data can also be handled for market and customer analysis and statistics as well as for marketing purposes. The personal data can be supplemented through procurement from private and public registers. Bukowskis Market is part of the Bukowskis Group and personal data can for stated purposes be passed on to other companies within the Group and to companies with which the Group collaborates. Those who do not want their personal information handled for purposes concerning direct marketing can inform Bukowskis Market of this in writing and those who wish to receive information on or correction of their personal information, handled by Bukowskis Market, can submit a written request about this to Bukowskis Market.

13. Announcements

Messages from us to you are to be found on The Service and/or can be sent to the e-mail address registered on The Service.

Messages from you to us must be sent as stated on The Service.

Messages on The Service are considered to have been submitted to a customer as soon as the messages have been made available. Messages sent by e-mail or fax are considered to have been submitted to the other party immediately after receiving acknowledgement of receipt. The message sent by standard post will be considered to have been received by the other party three (3) days after sending.

14. Period of agreement

These Terms and Conditions come into force when The Customer has registered and shall apply until further notice. A Customer who has been suspended from The Service does not have the right to re-register or use The Service via another Customer’s login. Bukowskis Market reserves the right, at its own discretion, to decide on ceasing to supply The Service.

15. Changes

Bukowskis Market reserves the right to change these Terms and Conditions by informing you or by posting the changed Terms and Conditions on the Website. Customers will be bound by the new Terms and Conditions at the end of a period of thirty (30) days after the message about the change or via electronic confirmation. Furthermore, Bukowskis Market has the right to make changes to our price list after having submitted a message about this. Such change of charges shall begin to apply eight (8) days after the message has been published or at a later stated date. Bukowskis Market reserves the right to temporarily change our charges in connection with advertising campaigns.

16. Transfer

Bukowskis Market reserves the right to transfer the agreement regulated by these terms and conditions of use between us and The Customer including, but not restricted to, all or parts of related rights and/or obligations to a third party. In the event of transfer Bukowskis Market shall supply information as to who has taken over the terms and conditions of use, the rights and/or obligations after the transfer through a message on The Service or via e-mail. If Bukowskis Market transfers terms and conditions of use to a third party, the latter shall have the right to supply the same or similar services on another website. A Customer cannot transfer the terms and conditions of use or related rights and/or obligations to a third party.

17. Dispute

Any dispute that might arise under an agreement regarding an item received in Sweden for selling shall be settled in accordance with Swedish law Any dispute that might arise under an agreement regarding an item received in Finland for selling shall be settled in accordance with Finnish law, primarily by the District Court in Helsinki.

18. Export Permit

According to the Swedish Act on Restrictions to the Export of Cultural Objects (1988:950), export license is required for the export of certain cultural objects from Sweden. According to the Finnish Act on Restrictions to the Export of Cultural Objects 115/1999, export license is required for the export of certain cultural objects from Finland to other Member States of the European Union and for the export from the territory of the Community. In addition to what is prescribed in these Acts, the provisions of Council Regulation (EEC) No 3911/92 on the export of cultural goods shall be in force regarding the export of cultural objects from the European Community. It is the Customers responsibility that these permits are obtained.

These terms apply as of 8 February 2011.