1. Terms of Use

These Terms of Use apply between the Customer who registers to use the Service and the Website and Auctionet as the provider of the Service and the Website. If the Customer does not agree to be bound by these Terms of Use, the Customer is not entitled to use or access the Service.

1.1 Registration for use of the Service

In order to use the Service and to be able to participate in auctions and purchase Auction Items, the Customer must register a user account. The Customer registers in the Service by completing the registration form. The Customer undertakes to provide current and correct personal and contact information in his/her user account and to keep the information updated. Each Customer may only have one user account for bidding.

The Customer must be 18 years of age to register. The Service is not available to, and may not be used by, persons under the age of 18 or by persons who for other reasons have limited legal capacity or by Customers who have been temporarily or permanently suspended. If a company is registered as a Customer, a natural person with the authority and power to bind the company to the Terms of Use, and possibly the Terms of Purchase, must be specified as the contact person. A user account is primarily created for use of the simpler functions of the Service. The Customer undertakes to follow Auctionet's instructions regarding the use of the Service. By accepting these Terms of Use, the Customer undertakes to follow all such instructions.

1.2 Use of personal data

All personal data collected through the Website and the Service is handled in accordance with the Act (2018:218) with supplementary provisions to the EU Data Protection Regulation, the EU Data Protection Regulation (2016/679) (“GDPR”) and otherwise with Auctionet's privacy policy.

1.3 Use of the Service

The Customer is responsible for all actions performed while logged in under the Customer's name and password. The Customer is only entitled to use the Service by using their own login name or email address and password. The Customer must keep login information secure and ensure that it does not come to the attention of third parties. The Customer must also not allow, directly or indirectly, third parties to use the Customer's login information. The password must be changed immediately if there is reason to suspect that the information has been disclosed or may otherwise be misused.

1.4 Availability and access to the Service and the Website

A Customer may be suspended from the Service and the Website if the Customer violates these Terms of Use, applicable law and/or regulations. A Customer who has been suspended from the Service as a result of a violation of the Terms of Use, applicable law and/or regulations is not entitled to re-register or use the Service via another Customer's login.

Auctionet has the right, at any time and at its own discretion, to decide to cease providing the Service.

1.5 Guarantees

Auctionet cannot guarantee continuous, uninterrupted or secure access to the Service and the Website. The operation of the Service and the Website may be disrupted by many factors beyond Auctionet's control. The Website and the Service are provided "as is", "as available" and "with all faults". To the extent permitted by law, Auctionet makes no representations, warranties or representations of any kind, express or implied, regarding the Website and/or the Service, or regarding the security associated with the transmission of information via the Website or the Service. In addition, Auctionet disclaims all warranties, express or implied, including but not limited to, warranties regarding function, fitness for a particular purpose, non-infringement, ownership, system integration and the absence of computer viruses, unless gross negligence or intent is present. This disclaimer does not limit Auctionet's liability under mandatory law.

Auctionet does not warrant that the Website and the Service will be error-free or uninterrupted; that defects will be corrected; or that the Website and the Service or the servers that make the Website and the Service available are free of harmful components, including but not limited to viruses. Auctionet does not warrant that information (including instructions) on the Website or the Service are accurate, complete or useful.

1.6 Liability for errors

Auctionet is not liable for any direct or indirect damage that may befall the Customer when using the Service or the Website if the damage has arisen as a result of operational interruptions or other disruptions in telecommunications, computer or other communication connections, computer equipment, computer systems, software or errors or lack of compatibility between computers, or any other cause beyond Auctionet's reasonable control, including all damage to the Customer's computers, mobile devices or other equipment or technology, including, but not limited to, damage resulting from any security breach or as a result of viruses, bugs, tampering, fraud, errors, negligence, interruptions, defects, delays in operation or transmission, computer or network errors or any other technical or other malfunction, including, but not limited to, damage resulting from loss of profit, goodwill losses, loss of data, work stoppage, accuracy or results, or computer errors or malfunctions. Furthermore, Auctionet is not responsible for errors or damage that arise as a result of incorrect or unauthorized use of customer numbers or passwords.

The above does not apply, however, in the event of gross negligence or intent. This disclaimer does not limit Auctionet's liability under mandatory legislation.

1.7 Messages

Messages from Auctionet to the Customer are found on the Website and/or sent to the email address that the Customer has registered in their user account in the Service.

Messages from the Customer to Auctionet shall be sent in accordance with what is stated on the Website.

1.8 Amendment to the Terms of Use

Auctionet reserves the right to change these Terms of Use by sending notice to the Customer via the email address specified by the Customer in the user account or by posting this on the Website. The Customer will be bound by the new Terms of Use after the expiration of 30 days thereafter, if the Customer thereafter continues to use the Service, or by the Customer's electronic approval, if required.

1.9 Applicable law and dispute

Swedish law applies to these Terms of Use. In the event that the Customer is a legal entity, the International Sales Convention (CISG) Act (1987:822) does not apply to these Terms of Use. Disputes regarding the validity, interpretation, applicability or applicability of these Terms of Use, as well as legal relationships arising herefrom, shall be settled in a general court. For Customers who are legal entities, the Stockholm District Court shall be the first instance.

2 Terms of purchase

These Terms of Purchase apply between the Customer who purchased the Auction Item on the Website and the Auction Company that has held the auction and sold the Auction Item. The Customer is only entitled to participate in bidding for the Auction Item if the Customer accepts the Terms of Purchase.

Customers must be 18 years of age or older to purchase Auction Items. Purchases may not be made by persons under 18 years of age or who for other reasons have limited legal capacity or are temporarily or permanently suspended Customers.

2.1 Object description/valuations

The valuation of the Auction Item stated in the item description is the Auction Company's market-adjusted valuation of the Auction Item prior to the auction and shall only serve as a guide for the Customer. The price at which the Auction Item is ultimately sold may be significantly higher or lower than the valuation. Information in the item description may be changed by the Auction Company due to intervening circumstances. Any changes or additions are stated in the item description. In cases where a change can be considered significant for the value of the Auction Item, the Auction Company reserves the right to remove the Auction Item from the auction and the Service and the right to possibly return the Auction Item with a new item description.

2.2 Bidding and purchasing Auction items

Auction items are sold and paid for in the currency stated on the Website. A buyer's commission and a settlement fee are added to the bid submitted according to the price list in force at any time. For certain Auction Items, a fee for resale rights is also added. All fees that apply for the Auction Item are stated, unless otherwise specifically stated, in the same currency.

The Customer may place a bid by logging into their user account on the Website and filling in the specified bid box on the relevant Auction Item's item page. The Customer may also, in certain cases, place a bid at the respective Auction Company's auction premises.

It is prohibited to participate in bidding on your own submitted Auction Items and to manipulate bidding through agents or in any other way.

The Customer has the right to submit a bid that is at least equal to the amount stated in the auction, or to submit a bid that is equal to the highest price that the Customer is willing to pay for the Auction Item (" Max Bid "). If the Customer uses the option to submit a Max Bid, the Service will automatically start a bidding agent who will bid as favorably as possible on the Customer's behalf, up to the Max Bid. The winning bid may therefore be lower than the specified Max Bid. If an auction ends with two equal bids, the bid that was first received by the Service wins. If the Customer submits a bid that is lower than the reserve price, the Service will automatically start the bidding agent, who will bid up to the reserve price or the Max Bid, whichever comes first. The Customer will win if the bid is equal to or exceeds the reserve price. All bids submitted are binding on the Customer. After the auction has ended, the Customer who submitted the highest bid, i.e. the Customer, has entered into a binding agreement with the Auction Company that held the auction in accordance with these Terms and Conditions of Purchase.

2.3 Right of withdrawal

In the event that the Auction Item has been sold through an auction that has only taken place remotely, the Customer, as a consumer, has a right of withdrawal in accordance with the Distance Contracts Act (2005:59). The Customer has no right of withdrawal when purchasing the Auction Item at an auction where it is possible to attend both on site and remotely. If the Customer is a legal entity, there is no right of withdrawal in any case.

A customer who wishes to exercise their right of withdrawal must notify Auctionet or the Auction Company that the right of withdrawal is being exercised within the withdrawal period which runs for fourteen (14) days from the day the customer receives the purchased Auction Item in their own possession or via an agent or their own hired carrier.

Notification of a cancelled purchase must be sent from the same email address that the customer has registered on their user account and contain the Auction Item's item number and the Customer's name, and submitted to Auctionet via email ([email protected]) or to the Auction Company. The Customer can also use Auctionet's cancellation form (PDF) .

After a purchase has been cancelled, the Customer shall return the Auction Item to the Auction Company at their own expense within fourteen (14) days. If the Auction Item has not been returned to the Auction Company within fourteen (14) days of the Customer having notified the Auction Company of the exercise of the right of withdrawal, the Customer shall be deemed to still be bound by the purchase and no refund to the Customer will be made.

Auction items may not be returned cash on delivery. The customer bears the risk that the Auction item is damaged or lost during the return and is obliged to package and handle the Auction item in such a way that it is not damaged during transport.

Returned Auction Items whose purchase is not subject to the right of withdrawal will be stored by the Auction Company for collection by the Customer for seven (7) calendar days (not including the day the Auction Item was returned to the Auction Company). Returned Auction Items that are not subject to the right of withdrawal and that are not collected by the Customer within seven (7) calendar days will be charged to the Customer a storage fee and/or the cost of transportation.

When the Auction Company has received the Auction Item, the amount paid will be refunded to the Customer within fourteen (14) days, less any decrease in the value of the Auction Item that has been caused by the Customer handling the Auction Item to a greater extent than necessary, due to damage and wear and tear on the Auction Item that occurred during the return, and a storage fee for the days the Auction Company has stored the Auction Item and that exceed seven (7) calendar days.

Refunds to the Customer will only be made in the same form and to the same account number or card used by the Customer when making the purchase.

If Auctionet or the Auction Company deems that the Customer is abusing the right of withdrawal, for example by using the right of withdrawal to avoid sticking to bids placed or with the aim of influencing the final price of the Auction item, Auctionet or the Auction Company reserves the right to close the Customer's account and the Customer's access to the Service.

2.4 Fees/Invoicing/Payment

For each individual Auction Item sold, a sales commission and a stamp duty will be added, according to the price list in force at any time .) In the event that the Auction Item is subject to resale rights, the Customer shall also be responsible for payment of the resale rights/artist fee according to section 2.5.

It is the Customer's responsibility to consult the current price list published on the Website to determine the fees applicable to the purchase of Auction Items. The Customer shall pay all fees related to the purchase, including statutory taxes.

Payment for Auction Items must be made within five (5) calendar days after the end of the auction (not including the day the auction for the Auction Item ended). Due to the fact that each Auction Item and individual auction is unique, that the number of bidders and interest in Auction Items can vary significantly from day to day, which can result in a significantly lower final price for Auction Items upon resale, and the additional work in the form of logistics and administration that resale of Auction Items entails for the Auction Company, it is essential for the Auction Company that the Customer pays for the Auction Item on time.

If the Customer does not pay for the Auction Item within five (5) calendar days after the end of the auction (not including the day on which the auction for the Auction Item ended), this constitutes a material breach of contract, after which the Auction Company or Auctionet, on behalf of the Auction Company, is entitled to (i) demand that payment be made in accordance with these Terms and Conditions of Purchase and to demand default interest in accordance with the Interest Act (1975:635), and/or (ii) cancel the purchase of the Auction Item in accordance with Chapter 7, Section 6 of the Consumer Purchase Act (2022:260).

If the Auction Company cancels the purchase, the Auction Company or Auctionet, on behalf of the Auction Company, has the right, without first notifying the Customer, to resell the Auction Item at the valuation and the reserve price that the Auction Company or Auctionet deems appropriate. If the Customer pays for the Auction Item after cancellation has occurred, the Auction Company shall refund the amount paid to the Customer.

If payment for Auction Items is made at the Auction Company, a receipt will be received in connection with the payment. If payment for Auction Items is made electronically through the Service, a receipt will be received electronically.

2.5 Resale right/Artist fee

In accordance with applicable copyright legislation and the EU Directive (2001/84/EC), a special fee for resale rights may be charged when reselling works of art and applied art. Resale rights are copyright compensation to the artist (author) during his/her lifetime and thereafter to his/her heirs for seventy (70) years after the year of the artist's death. The fee is calculated on the hammer price and must be paid by the Customer. See the current price list . It is stated on the respective item's page in the Service whether the Auction item is subject to resale rights/artist fee.

2.6 Collection/transport/resale

Collection of the Auction Item can only take place after full payment of the purchase price.

After the auction has ended, the Auction Company will store the Auction Item at no cost to the Customer for five (5) days (not including the day the auction for the Auction Item ended).

Auction items that have been paid for but not collected within five (5) calendar days after the end of the auction are stored and handled by the Auction Company at the Customer's risk and expense. When stored in the Auction Company's own premises, the Auction Company has the right to charge the Customer a storage and handling fee according to the price list in force at any time . The Auction Company also has the right to hand over the Auction Item to any external storage/forwarding company for transport/storage with a third party, whereby the Customer shall bear all costs for such transport/storage.

If the Customer has paid but has not collected the Auction Object within three (3) months of the Auction Company's request to collect the Auction Object, the Auction Company has the right to sell the Auction Object in accordance with the provisions of the Act (1985:982) on the Right of Entrepreneurs to Sell Things that Have Not Been Collected. The sales compensation shall primarily be used to cover the costs of the sale and storage/forwarding fees and subsequently to cover the Auction Company's overdue claims on the Customer. Any surplus shall be paid to the Customer.

The Customer must always present valid identification to the Auction Company when collecting the Auction Item. In the event that the Customer wishes to collect the Auction Item through an agent or their own hired carrier, the Customer must notify Auctionet or the Auction Company of which agent or their own hired carrier is to be authorized to collect the Auction Item. If the Customer has not previously presented valid identification to the Auction Company on site, the agent/carrier must present a certified copy of the Customer's identification to the Auction Company before collection of the Auction Item may take place.

Authentication means that a person other than the Customer or representative certifies that the copy corresponds to the original and signs it with his/her signature, name clarification and telephone number.

The Customer may also send a certified copy of their identification to the Auction Company via email before collection by agent/own hired carrier. In the event that the Auction Company finds reason to question the Customer's identity or the validity of the agent's power of attorney, the Auction Company has the right to decide that collection may only take place on site by the Customer upon presentation of valid identification.

2.7 Transfer of risk; liability for defects

The Auction Item is deemed to have been delivered to the Customer either when the Customer has collected the Auction Item from the Auction Company and thereby taken possession of it, or when the Auction Item has been handed over from the Auction Company to the agent or carrier engaged by the Customer, whichever occurs first. The risk for the Auction Item passes to the Customer when the Auction Item has been handed over in accordance with what is stated herein.

ALL AUCTION ITEMS ARE SOLD IN AS IS CONDITION. It is the Customer's responsibility to carefully examine and assess the condition and nature of the Auction Item before the auction. Information in the auction listing regarding, for example, the Auction Item's stated author, authenticity, age, provenance, technique or condition is only a guide for the Customer in their examination of the Auction Item. The depiction of the Auction Item in the auction listing is for identification purposes only and cannot be used to determine the design or condition of the Auction Item. If material information in the auction listing is directly misleading, this may constitute grounds for cancellation of the purchase. The auction company is not responsible under any circumstances for natural wear, damage and defects, any lining of canvases, the condition of frames, natural changes in materials, such as fading of paper and cracking of wood, or such errors and deficiencies that are not apparent from the image of the Auction Item in the auction listing. The Auction Company disclaims and is not responsible for the descriptions of the Auction Item in the auction listing being exhaustive with regard to damage, deficiencies or defects. The Auction Company takes no responsibility for the function of watches and clockworks, mechanical or electrified/battery-operated items. The Auction Company also takes no responsibility for the content of auction items comprising lots of items.

The Auction Company has the right to remedy any defects in sold items for which the Auction Company is responsible. If the remedy is not made within a reasonable time from the time the complaint is made, the Customer has the right to cancel the purchase and, upon return of the Auction Item, receive back the purchase price paid, which corresponds to the hammer price plus commissions and taxes and other fees paid by the Customer. If the Auction Item is new and unused (i.e. not second-hand), the Customer may, instead of remedying the defect, receive a deduction from the purchase price.

Any defects in the Auction Item must be reported to the Auction Company as soon as possible after the Customer notices or should have noticed the defect.

2.8 Responsibility

The Auction Company is not liable for any direct or indirect damage that may befall the Customer. The Auction Company is not liable for any direct or indirect damage that may befall the Customer through the use of the Service or the Website, such as damage resulting from operational interruptions or other disruptions in telecommunications, computer or other communication connections, computer equipment, computer systems, software or errors or lack of compatibility between computers or any other cause beyond the control of the Auction Company. The Auction Company is also not liable for errors or damage that are attributable to the Customer's customer number or password being used incorrectly or without authorization.

The above does not apply, however, in the event of gross negligence or intent. This disclaimer does not limit the Auction Company's liability under mandatory legislation.

2.9 Force majeure

The Auction Company is not liable for any loss incurred by the Customer if the Auction Company has been unable to fulfill a certain obligation under the Terms and Conditions of Purchase due to an act of war, labor dispute, government action, fire or other accident or other circumstances beyond the control of the Auction Company or its control.

Both parties have the right to cancel the purchase if the Auction Company has been unable to fulfill a certain obligation under these Terms and Conditions of Purchase due to force majeure lasting more than three (3) months.

2.10 Messages

Notices from the Auction Company to the Customer are found on the Website and/or sent to the email address that the Customer or Customers have registered in their user account in the Service.

Notices to the Auction Company shall be sent in the manner specified on the Website.

2.11 Amendment to the Terms of Purchase

Auctionet and the Auction Company have the right to change these Terms of Purchase by sending a notice to the Customer or by posting a notice of the change on the Website. The Customer will be bound by the new Terms of Purchase after the expiry of 30 days thereafter, if the Customer subsequently continues to use the Service, or if required, by the Customer's electronic approval. Auctionet and the Auction Company further have the right, upon notice, to change the price list. Changes to the price list shall enter into force 30 days after the notice of change was sent to the Customer or announced on the Website.

2.12 Applicable law and dispute

Swedish law applies to these Terms of Sale. In the event that the Customer is a legal entity, the International Sales Convention (CISG) Act (1987:822) does not apply to these Terms of Sale. Disputes regarding the validity, interpretation, applicability or applicability of these Terms of Use, as well as legal relationships arising from them, shall be settled in a general court. If the Customer is a consumer, the dispute may also be heard in the Swedish National Complaints Board (ARN). For Customers who are legal entities, the Stockholm District Court shall be the first instance.

2.13 Anti-money laundering measures

Auctionet and the Auction Company apply the Act (2017:630) on measures against money laundering and terrorist financing (the “Money Laundering Act”) or equivalent national legislation in all their operations. The Money Laundering Act entails, among other things, an obligation for Auctionet and the Auction Company to identify each Customer and to carry out customer due diligence measures. In connection with customer due diligence measures, the Customer may be asked to submit certified documentation that confirms the Customer’s information about the purpose and nature of the business relationship. Auctionet has the right to deny access to the Service to a Customer who does not submit the requested documentation.

2.14 Export of cultural objects

Export from Sweden of certain older Swedish and foreign cultural objects may require a special permit according to the Cultural Environment Act (1988:950). Export of cultural objects from the EU may also require a special export license according to Council Regulation (EC) No. 116/2009. The Customer is independently responsible for obtaining and paying for any permits required for export of Auction Items from Sweden and/or the EU.