Terms & Conditions

Conditions of purchase Hallands auktionsverk AB

1. Auction

1.1 All items are sold in their existing condition and it is the responsibility of the buyer to carefully examine the items prior to the auction.

1.2 Bidding takes place by bidding and outbidding, in the auction room, via the Internet or over the telephone. Bidding in the room must be done in a loud voice or clear sign and with amounts within the established bidding range. The buyer will be the person who has made the highest bid. The auctioneer has the right to disregard any particular bidder. In the event of a tie, the auctioneer shall decide which bid shall prevail. The auctioneer also decides whether bidding should be reopened if there is any uncertainty in regards to the final bid. As the auction takes place physically in the auction room, the Consumer Sales Act applies and not the Distance Contracts and Contracts away from Business Premises Act. There is therefore no right of withdrawal or return other than as set out in paragraph 3 below.

1.3 The buyer is the person who, in the opinion of the auctioneer, has made the highest bid for the item in question.

1.4 A commission of 25% and a hammering fee of SEK 50, both including VAT, will be added to each item unless otherwise specifically stated.

1.5 On objects made by living artists, or those who died less than 71 years ago, an artist's fee (Droit-de-Suite) of 5% incl. VAT is added for a hammer price above 1/20 base amount.

1.6 If the bidder has not notified HAV in advance and, if HAV should request it, proved that he is the representative of a named buyer and has had both the buyer and his status as representative accepted in writing by HAV, the bidder is liable as if for his own fault for all obligations incumbent on a buyer of the objects he is bidding for.

2. Payment and collection

2.1 The buyer must pay for and collect the items no later than five working days after the auction. If payment is made by card, the costs of the card company will be added. If items are not collected within the prescribed period, HAV has the right to transport the items to a third-party forwarder for storage at the buyer's risk and expense.

2.2 If full payment is not made by the due date, HAV may take one or more of the following measures: a) recover the debt b) cancel the purchase c) sell the object on behalf of the Buyer at a public auction organised by HAV or another auction company. In all cases, HAV may obtain compensation for the costs of transport, insurance and storage of the objects, whereby HAV may procure these services on behalf of the Buyer from reputable companies that HAV normally uses.

2.3 The ownership of the auctioned item shall not pass to the Buyer until the Buyer has paid HAV in full and reimbursed HAV for any costs incurred by HAV due to late payment and/or late collection of the object.

2.4 If an item is not collected and paid for, HAV is entitled but not obliged to sell the item on behalf of the Buyer at a public auction organised by HAV or another auction company.

2.5 HAV shall at all times be entitled to claim compensation from the collected amounts for all claims HAV has against the Buyer, irrespective of how this claim arose and whether it is disputed or not.

3. Buyer's right of cancellation

3.1 If any material information in the catalogue is directly misleading and if the defect is such that it can only be ascertained by the Buyer upon closer inspection of the object, the Buyer may rescind the purchase if a request is made within 10 working days from the date of collection of the object. Objects collected after the last day of payment shall be deemed to have been collected on the last day of payment.

3.2 The right to rescind the purchase shall belong solely to the original buyer and shall cease if the object is transferred to a third party.

3.3 In the event of cancellation, the buyer is entitled to receive the amount he paid to HAV at the time of purchase in return for the return of the object. The buyer shall not receive any further compensation.

4. HAV's customer service

In order to give prospective buyers who are unable to attend the auction the opportunity to participate in the bidding process, HAV's customer service receives free advance bids and offers the opportunity to bid via the Internet or the telephone. Special conditions apply to bidding through HAV's customer service. Please note that HAV can never be held liable in the event that bids submitted to the customer service are not carried out, nor if bidding via the Internet or telephone cannot be carried out due to technical faults or other reasons.

5. Force Majeur

HAV shall not be liable for any loss incurred by the seller or buyer due to war, warlike event, civil war, revolution or insurrection, governmental action, strike, lockout, blockade or similar event beyond HAV's control.

6. Choice of law

Disputes concerning the purchase or sale by HAV or the interpretation or application of these provisions, as well as any other dispute relating to HAV's activities, shall be settled under Swedish law by the Halmstad District Court, Sweden.

Terms of Sale Hallands Auktionsverk AB

1. upon receipt of an item for sale, to investigate as far as possible any legal issues that may be relevant to a sale and to seek to establish the authenticity and condition of the item by means of an inspection,

2. safely store items received from the client,

3. promote the objects submitted by the principal for sale by presenting them in a list drawn up for the auction, both in print and on the Internet, by advertising and by showing them to interested prospective buyers.

4. conduct sales at auctions in a way that gives as many buyers as possible the opportunity to participate in the bidding, either through personal presence, through their own representative or through Hallands Auktionsverk's customer service.

5. collect from the buyers and account to the sellers for the payment due to the principal for the items sold.

1. Submission of items for sale

The client is responsible for ensuring that he has full and unrestricted ownership of the objects he submits to HAV for sale, or, if the object is owned by another person or others, that he owns the object submitted for sale and collects payment for this.

If the object is not owned by the seller, the seller shall prove his authority to dispose of the object. The client shall notify HAV if the client's ownership of the object is, or is likely to be, subject of dispute.

HAV shall not be obliged to verify, without special reason, the seller’s ownership of the object.

Upon receipt of items, HAV shall issue a special receipt for the submission. This is not transferable and HAV is always entitled to return the object to the person who handed it in without receiving the receipt in return.

This receipt is also valid as a sales contract unless otherwise stated in writing. If the consignor wishes to return the item later than 10 days before the auction, HAV is entitled to charge an administration fee of 10% + VAT of the consignment price unless otherwise agreed in writing.

HAV's description of an item in the receipt and sales agreement is based on HAV's preliminary assessments. Mistakes regarding author, authenticity, age, origin, technique or condition cannot be invoked by the client against HAV.

2. Storage and insurance

The objects submitted are insured by HAV against damage in connection with burglary, fire or water damage, as well as against theft or breakage. The value of the insurance is the same as the price of safekeeping, unless a special agreement on a different insured value has been concluded. HAV is also not obliged to compensate the seller for any damage in excess of the insured value.

HAV cannot be held responsible for damage to picture glass and frames or for natural changes in living materials such as fading of paper and cracking of wood or wear and tear during viewing. HAV's liability for returned items is limited to what is stated in these conditions.

3. Cataloguing

Items will be catalogued with the care that the nature of the item warrants, notwithstanding that all items are sold in their existing condition, and it is the responsibility of the prospective buyer to carefully examine items of interest.

Any statement in the catalogue concerning the author, authenticity, age, technique, or condition of the object serves only as a guide to a prospective buyer in his examination of the object. However, if any material information in the catalogue is directly misleading, the buyer may cancel the purchase.

The agreed estimated price is HAV's assessment of the market value of the item at the time of sale on the auction market.

HAV has the full and unrestricted right to photograph and otherwise depict the object submitted to HAV for sale and to include such photographs and depictions in HAV's archives.

4. Auction

At the auction, the object shall be sold if bids are submitted that are at least equal to the lowest price specifically stated by the client in an agreement with HAV. If the price falls below such a minimum price without the consent of the client, HAV shall account to the client for the object sold at the minimum price indicated.

5. Accounting/payment

Within 5 working days after the auction, a preliminary statement of the auction result is sent to the client. Payment for items sold and paid for will be sent to the address indicated by the client on the above page no earlier than 20 working days (one month) after the auction, provided that the buyer has paid and provided that no complaint has been made.

HAV is under no obligation to take legal action against the buyer to enforce payment. In the event that the buyer does not pay, HAV has the right, at its discretion, to cancel the purchase and return the property to the seller.

Any demand for damages of a buyer who fails to fulfil his obligation to pay will not be brought forward without specific agreement with the seller.

6. Collection of goods

Unless otherwise agreed, the client shall collect from HAV any goods that are withdrawn or otherwise not sold within 8 working days of the auction. If this does not happen, HAV has the right to submit the item for storage by a third party transport company.

The object is insured and stored at the expense and risk of the client. Should the object not be collected within three (3) months after the client has been summoned to collect the object and the summons has stated that the object will otherwise be sold after a certain time, HAV has the right to sell the object in accordance with the rules of the Act on the right of traders to sell uncollected objects.

HAV shall hold unsold items as security for a claim that HAV has against the seller, irrespective of how this claim has arisen and whether or not it is in dispute.

7. Seller's liability for defects

If HAV becomes liable to the buyer for defects in sold items due to a justified complaint or other similar reason, HAV is entitled to claim compensation from the seller equal to the compensation that HAV may have paid to the seller.

8. Force Majeure

HAV shall not be liable for any loss suffered by the seller or the buyer due to war, warlike events, civil war, revolution or insurrection, government action, strike, lockout, blockade or similar events beyond HAV's control.

9. Choice of law

Disputes concerning the purchase or sale by HAV or the interpretation or application of these provisions as well as other disputes relating to HAV's activities shall be settled under Swedish law by the Halmstad District Court, Sweden.

10. Fees

Fees on sale (including VAT) unless otherwise agreed in writing. Sales commission 20% and a hammer fee of SEK 50 per auction. If the seller bids for his/her own item, this will be counted as a re-offer above the agreed reserve price and the seller will be charged with both buying and selling commissions and fees.

11. Politically exposed persons (PEP)

Due to current legislation, persons in a political or other exposed position (PEP) are required to inform Hallands Auktionsverk of this in order to place bids with us.

By accepting these terms and conditions, I certify that I am NOT a politically exposed person (PEP) or in any other compromised position.

Should this be the case - please contact us at Hallands Auktionsverk.

By agreeing to the "Terms of Purchase" I hereby declare that I am NOT a politically exposed person (PEP) or in any other compromised position.

Should this be the case - please contact us at Hallands Auktionsverk.