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Södermanlands Auktionsverk
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Södermanlands Auktionsverk • General Terms

Terms of Sale & Privacy Policy

Applies to consignment and sales effective from 1 January 2024.

1. Scope of the Assignment

Södermanlands Auktionsverk undertakes, under the terms and conditions set out below, to act as commission agent to sell at auction items consigned by the seller (consignor) and received in Sweden, via Auctionet's online auction platform.

2. Consignment and Receipt of Items

2.1 The Seller is responsible for holding full, unencumbered ownership of items submitted to Södermanlands Auktionsverk for sale.

2.2 If the Seller is not the owner of the item, the Seller must be able to prove authorization to sell the item upon request. Södermanlands Auktionsverk is under no obligation to verify the Seller's title or authorization without specific cause.

2.3 Once an agreement on sale has been reached, a written consignment contract (receipt of consignment) is established between the parties. Following inspection and appraisal, Södermanlands Auktionsverk sets an estimated starting/guide price for each lot. The estimate is based on market appraisal, but the final hammer price may substantially exceed or fall below the estimate. Estimates serve solely as guidance for prospective buyers.

2.4 Södermanlands Auktionsverk reserves the right to unilaterally and without liability for compensation to the Seller withdraw from the consignment assignment if doubts arise concerning the authenticity, ownership, or any other material circumstance of an item.

2.5 Goods delivered to Södermanlands Auktionsverk that are rejected during cataloguing are stored for up to two (2) weeks. After two (2) weeks, Södermanlands Auktionsverk cannot guarantee that the goods will remain available. The Seller will be notified via email of rejected items.

2.6 The Seller has no right to withdraw items once published online. If the Seller cancels the consignment assignment, the Seller must reimburse Södermanlands Auktionsverk for handling, appraisal, and photography costs amounting to the commission and fees under Section 3 calculated on the estimated price.

3. Commission and Sales Fees

Södermanlands Auktionsverk charges a seller's commission of 25% including VAT on the hammer price plus a fixed hammer fee of 50 SEK including VAT per lot.

If an item remains unsold after its third auction period, no commission or fee is charged by Södermanlands Auktionsverk.

4. Cataloguing and Photography

4.1 Södermanlands Auktionsverk retains full discretion in determining how items are described, presented, and photographed.

4.2 All photographs, illustrations, and catalog descriptions remain the intellectual property of Södermanlands Auktionsverk and may be used without compensation for marketing, promotional, or editorial purposes unrelated to the individual sale.

5. Reserve Prices (Monitoring Assignment)

5.1 A reserve price means that Södermanlands Auktionsverk undertakes on the Seller's behalf to ensure the item is not sold below an agreed minimum hammer price. The reserve price must be agreed upon in writing on the consignment contract, approved by the Seller via the Auctionet portal, or confirmed via email or verbally.

5.2 If the estimated value is 1,000 SEK or lower, a reserve price cannot be set. Items without a reserve price carry a starting bid of 200 SEK (starting bids for fine art lots start at a minimum of 300 SEK regardless of reserve or estimate).

5.3 For wristwatches, pocket watches, jewelry, and precious metals, special rules apply and reserve prices are determined individually by mutual agreement between Södermanlands Auktionsverk and the Seller.

6. Unsold Items

6.1 If an item is not sold in its first auction period, it is automatically republished for up to three (3) consecutive auction periods. Unsold items must be collected by the Seller within seven (7) calendar days after the end of the third auction period. If the item is not collected within this timeframe, Södermanlands Auktionsverk reserves the right to relist the item on online auction with reduced estimates and reserve prices.

6.2 Items that remain unsold and uncollected after the deadline are subject to a storage fee of 50 SEK including VAT per calendar day.

6.3 If accrued storage charges exceed the estimated auction value of the item, ownership of the item transfers entirely to Södermanlands Auktionsverk without restriction on its subsequent disposal.

6.4 Items remaining uncollected three (3) months after notification to the Seller may be sold by Södermanlands Auktionsverk to recover incurred storage and handling costs. If Södermanlands Auktionsverk fails to sell the item, title passes to Södermanlands Auktionsverk.

7. Right of Withdrawal

7.1 Online auction sales via Auctionet are subject to consumer right of withdrawal pursuant to the Swedish Distance and Off-Premises Contracts Act (2005:59). If a buyer exercises their statutory right of withdrawal, Södermanlands Auktionsverk reserves the right to relist the item on online auction under the previously agreed terms without prior notice to the Seller.

7.2 Södermanlands Auktionsverk bears no financial liability towards the Seller for differences in final hammer price upon relisting.

8. Accounting and Payout

Settlement accounting and payout to the Seller take place within 30 banking days following the end of the auction, provided that full payment has been received from the buyer and no complaint or right of withdrawal has been exercised.

9. Liability for Defects

9.1 If Södermanlands Auktionsverk is held liable for defects towards a buyer and incurs compensation liability, Södermanlands Auktionsverk is entitled of recourse to claim corresponding compensation from the Seller if the defect arises from incorrect or misleading information provided by the Seller.

9.2 Södermanlands Auktionsverk reserves the right to reschedule, cancel, or adjust auction duration due to technical difficulties or circumstances beyond reasonable control.

10. Force Majeure

Södermanlands Auktionsverk is not liable for losses suffered by the Seller due to cancelled auctions, delayed payouts, or other performance failures resulting from acts of war, labor disputes, regulatory measures, fire, flood, power outages, or other events beyond reasonable control or foresight.

11. Dispute Resolution & Governing Law

Any disputes arising in connection with agreements regarding items consigned for auction in Sweden shall be governed by Swedish substantive law and adjudicated by Swedish general courts.

12. Personal Data Protection (GDPR)

12.1 Södermanlands Auktionsverk complies with the provisions of the EU General Data Protection Regulation (GDPR). Södermanlands Auktionsverk (CHKOS Invest AB, org. no. 559466-1554), Västgötagatan 16, 641 36 Katrineholm, Sweden, email: info@sormlandsauktionsverk.se, phone: +46 150 17 200, is the data controller for personal data provided by Sellers.

12.2 Personal data such as name, postal address, personal identity number/tax ID, telephone number, and email address submitted in connection with a consignment assignment or contractual relationship are processed for administration, performance of contractual obligations, customer service, and compliance with statutory legal obligations.

12.3 For these purposes, personal data may be shared with operational partners cooperating with Södermanlands Auktionsverk for auction operations, logistics, and payment processing.

12.4 Services provided by third parties (e.g. online auction services via Auction Network Sweden AB / Auctionet, payment processors, and escrow providers) process data to execute auctions and transactions safely.

12.5 The Seller is entitled, upon written request, to receive information about what personal data is registered and how it is processed, as well as to request correction or deletion of inaccurate data in accordance with applicable data protection regulations.

13. Anti-Money Laundering Act (AML)

Södermanlands Auktionsverk is subject to the Swedish Act (2017:630) on Measures against Money Laundering and Terrorist Financing. Under this legislation, the auction house is legally obligated to verify customer identity and perform due diligence measures (KYC). Södermanlands Auktionsverk reserves the right to process and retain necessary personal documentation to fulfill these statutory requirements.

Data Controller Contact Details:
Södermanlands Auktionsverk / CHKOS Invest AB
Västgötagatan 16, 641 36 Katrineholm, Sweden • Tel: +46 150 17 200
Email: info@sormlandsauktionsverk.se

Auction Platform Provider:
Auction Network Sweden AB (Auctionet.com) • Reg. no. 556859-5150
Grev Turegatan 44, 114 38 Stockholm, Sweden • Tel: +46 8 124 499 85 • support@auctionet.com