Conditions of sale
1. Scope of the assignment
Bukowskis Market AB undertakes as agent on behalf of the seller (“The Principal”) to under the following terms and conditions sell at auction items submitted by The Principal in Sweden for selling. Bukowski Oy Ab through Bukowskis Market undertakes as agent on behalf of the seller (“The Principal”) to under the following terms and conditions sell at auction items submitted by The Principal in Finland for selling. “Bukowskis Market” shall hereafter refer to Bukowskis Market AB in case of agreement regarding items received in Sweden for selling and to Bukowskii Oy Ab in case agreement regarding items received in Finland for selling. Unless otherwise agreed, Bukowskis Market has the right to sell submitted items in the auction format (live auction or online auction), as Bukowskis Market considers appropriate and to promote the item in other forums besides bukowskismarket.com
2. Submission/acceptance of items
The Principal is responsible for ensuring that the latter has full rights to items submitted to Bukowskis Market for sale. If this is not the case The Principal must, with the support of a written document, be able to prove his/her eligibility to sell and collect payment for the submitted item. When agreement on a sale has been made a special sales agreement shall be drawn up between the parties, a so-called advice of receipt/contract. After customary inspection and valuation, Bukowskis Market places an estimate on each item. The estimate is based on market valuation but the price to which an item is finally sold can significantly exceed or fall short of the estimate. The estimate only constitutes guidance for the purchaser. Bukowskis Market reserves the right to unilaterally and without right to compensation for the Principal, withdraw from the sales assignment should there be any doubt concerning the authenticity of the item, right of ownership to the item or other significant circumstance.
3. Storage and insurance liability
Bukowskis Market insures received items against damage associated with burglary, fire or water damage, as well as theft up to a value corresponding to the estimate minus sales charges or hammer price minus sales charges. Bukowskis Market is not responsible for minor damage that can occur to items when on display or during handling, e.g. damage to frames and picture glass, natural changes in material such as cracks in wood etc. Bukowskis Market is not responsible for compensating The Principal for any damage exceeding the insured value in accordance with the above.
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 (€).
5. Sale fees
Bukowskis Market takes a sales commission as well as an insurance charge and a photo-fee according to our price list. Minimum one (1) photograph is guaranteed per item. Bukowskis Market decides whether additional photographs should be added.
A reserve means that Bukowskis Market on behalf of the seller ensures that an item does not sell below the agreed minimum price. The reserve price shall be confirmed on the advice of receipt/contract or other document. This is not available for items with an estimate of 199€/1999SEK or lower. If the estimate is 200-399€/2000-3999SEK there can be a reserve of a maximum of 50 % of the item’s estimate. If the estimate is 400€/4000SEK or more there can be a reserve of a maximum of 80 % of the item’s estimate. The bidding starts at the items reserve price, if there is no reserve price the bidding starts at 30€/300SEK. If there is a reserve price, the bidding starts when the reserve price has been met.
7. Unsold items
Unsold items must be collected by The Principal no later than six (6) calendar days after the end of the auction. If the item is not collected within the prescribed time Bukowskis Market has the right to reissue the item for bidding. Bukowskis Market has the right but no obligation to issue each item three (3) times without price adjustment. For items not sold and collected within the prescribed time a storage fee of 5€/50SEK (incl. VAT) will be charged per calendar day. Should an item not be collected within one (1) month of The Principal having been requested to collect the item and the request has stated that the item could otherwise be sold after a certain period of time, Bukowskis Market has the right to sell the item. At such a sale Bukowskis Market has the right to deduct compensation for outstanding debts and fees incurred by the seller for that sale. Any remainder will be provided to the seller.
A preliminary principal contract note is sent by e-mail immediately after the end of the auction. In case The Principal has not provided a valid e-mail address The Prinicipal is requested to contact Bukowskis Market for definitive instructions. Information on hammer prices is submitted via www.bukowskismarket.com. Payment is made from Bukowskis Market ten (10) banking days after the Internet auction on condition that full payment is received from the purchaser and that there has not been a claim. Bukowskis Market has no responsibility for taking action against the purchaser and is not responsible to the seller for the purchaser’s implementation of the purchase.
9. Liability for faults
If Bukowskis Market in relation to purchaser of items becomes liable for faults and is thus liable for payment of damages, Bukowskis Market has the right to demand corresponding compensation from The Principal. The Principal agrees that the item is sold in accordance with the terms and conditions generally applied by Bukowskis Market. Bukowskis Market reserves the right to move, close or change the length of any listing due to circumstances within or without their control.
10. Force Majeure
Bukowskis Market is not responsible for loss suffered by the purchaser in the event of a cancelled auction sale or delayed payment occurring as a result of military operation, industrial conflict, action by a public authority, fire or other accident or circumstance in general beyond the control of Bukowskis Market or which they could not foresee.
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.
12. Handling of personal information
Personal information submitted in contact with Bukowskis Market within the framework of a customer/contractual obligation is handled both manually and electronically for implementation of the auction activities within Bukowskis Market as well as obligations in accordance with the law. For further information see Bukowskis Market’s terms and conditions of use.
These terms apply as of 16 April 2012
These terms apply as of 16 April 2012.