General terms: Buyer
GENERAL TERMS: BUYER
Valid from 1.1.2017
These conditions are applicable on auction of items between Tampere Auctionhouse / Annmaris Auctionhouse (Annmaris) and Buyer. These conditions are applicable to all bids or purchase orders when appropriate.
ESTIMATED PRICE
Annmaris will estimate and price items based on market appraisal on behalf of the seller. The price which an item is sold in an auction may differ, and be substantially above or below estimated price.
ITEMS' CATALOGUE INFORMATION AND CONDITION
All items are sold "as is" and in accordance with the information in the catalogue description. In the description Annmaris aims to publish sufficient details on items' condition. Annmaris reserves the right to change the description in the catalogue. Changes or amendments will be announced or notified at the time of auction. All descriptions are considered merely guidance to the buyer and does not relieve the buyer from his/her responsibility to examine item prior to auction. It is the buyer's responsibility to examine and assess the condition and quality of the item and all other facts affecting decision of purchase carefully before the auction takes place. Annmaris will not be liable for any misrepresentation of catalogue details unless the misrepresentation has occurred through gross negligence.
BIDDING IN THE AUCTION
In the auction the highest bid will win. When the hammer falls, the highest bidder will be deemed to have entered into a binding purchase agreement according to general terms of the auctioneer. Bids shall be made by showing numbered paddle or otherwise clearly indicating wish to bid. By redeeming numbered paddle the buyer will commit to all purchases done by the respective numbered paddle and to the general terms of the auctioneer. Annmaris has the right to decide whether a paddle is to be handed out and also on an upper limit, if any, of the total purchasing sum. A paddle that has been signed for may be revoked during an on-going auction. In case of equal bids, the auctioneer will decide which bid is successful, and will make any decisions needed regarding reasonable bidding, renewal and discarding bids. The auctioneer has the sole right to finally decide in any disputes that may arise during the auction proceedings. The before mentioned is applicable to online auctions and online bids where appropriate.
BIDDING INSTRUCTIONS (Email, Bidding form)
Annmaris accepts bidding instructions on behalf of customers. Bidding instructions in writing must have reached Annmaris' no later than three hours (3 hrs) before the start time of the auction. Bidding instructions cannot be revoked or amended if there is less than 24 hours to auction start time. Any person submitting a bidding instruction, will commit to purchase all items won by the bidding instruction and to the general terms of the auctioneer. Annmaris will not be liable for any purchases brought about as the result of unclear or incorrect bidding instructions. Bidding instructions are primarily recorded based on item number. Annmaris has the right to approve or reject a bidding instruction, set an upper limit of the total purchasing sum, revoke the bidding instruction and decide who has precedence for purchase in case of two bids in equal amounts, raising the bid within reason against the auction room, renewal and rejection of bids. The before mentioned is applicable to all other means of bidding where appropriate. The auctioneer has the sole right to finally decide in any disputes that may arise during the auction proceedings.
BIDDING ONLINE
Annmaris accepts bidding instructions on behalf of customers also online. Bidding instructions done online are considered bidding instructions and applicable to terms and conditions of bidding instructions as stated above. Any person submitting a bidding instruction online, will commit to purchase all items won by the bidding instruction and to the general terms of the auctioneer. Annmaris will not be liable for any purchases brought about as the result of unclear or incorrect bidding instructions. Annmaris has the right to approve or reject a bidding instruction, set an upper limit of the total purchasing sum, revoke the bidding instruction and decide who has precedence for purchase in case of two bids in equal amounts, raising the bid within reason against the auction room, renewal and rejection of bids. The before mentioned is applicable to all other means of bidding where appropriate. The auctioneer has the sole right to finally decide in any disputes that may arise during the auction proceedings.
5. TELEPHONE SERVICE
Annmaris accepts earlier written telephone call requests from buyers. Written requests must be received at least 24 hours before the auction. The buyer must indicate in writing the items to which the offer relates and the telephone number to be contacted during the auction. The request can not be canceled or changed if the auction is less than 24 hours. The bidder agrees, as well as redeem all the items he receives on the phone, to the general terms and conditions of the auction chamber. The offer is made at the provider's own risk. Annmaris is not liable for any damages that may have incurred as a result of which the auction chamber fails to reach the buyer, or neglects to make or make a bid, or has to prioritize other offers. The auction chamber is not responsible for any potential connecting lost errors. The telephone buyer always commits to pay the starting price (the lowest price). The auction chamber may at any time have the right to decide on the acceptance of the bid, the maximum amount of the total withdrawal, cancel the offer if it wishes, and who has the right of option if there are two equal bids, a reasonable bid for the offer, renewal of bids and the rejection of tenders. The above applies mutatis mutandis to all other options. The Auction Chamber solely and definitively solves all disputes and ambiguities arising during the auction.
6. DEMAND AND VALUE ADDITIONAL VAT
The purchaser performs each hammer price on the Auction House's current excise tax and the VAT separately charged for the auction fee. The buyer will make such payments even if the item to be sold has been sold outside the EU. If a buyer of such an object is an enterprise, he may claim a VAT refund from the Finnish customs authorities if he or she exports objects outside the EU. The buyer is always responsible for solving matters relating to the taxation of the item and for all tax liabilities.
The auction fee is 18%. VAT is added to the auction fee.
ALL BYERS FROM THE INVALUABLE ARE CHARGED AN ADDITIONAL 5% COMMISSION to cover costs of the INVALUABLE to auctioneer. CUSTOMERS FROM INVALUABLE PAY TOTAL OF 23% COMMISSION + VAT.
7. "DROIT DE SUITE"
The auction chamber will collect from the buyer the still-legible Droit de Suite at art goods and the arts and crafts products, if the artist's death is under 70 years.
The buyer must pay droit de suite plus VAT on the auction chamber if the hammer price is greater than 255 euros. Lisätietoja: www.kuvastory.fi
5% if the hammer price is 256 - 50,000, - euros
3% if the hammer price is 50.0001 - 200.000, - euros
1% if the hammer price is 200.001 - 350.000, - euros
Lots under "Droit de suite" are marked in the list with an asterisk (*).
8. HAMMERPRICES
The final prices are available on the internet and at the auction chamber.
9. PAYMENT
Lots & fees may be paid already during the auction, or at least eight (8) days after the auction. Payment can be made in cash and by the usual bank and credit cards as approved by the auction chamber below. The fee can also be paid by invoice issued by Annmaris to SVEA ECONOMI AB. For that, Annmaris needs the customer's personal identification number. The bill can not be made if the customer is not eligible for SVEA ECONOM's customer data. The ownership right to the item is transferred to the buyer only when the payment of the item as a whole has been paid to the auction chamber at all costs, or the performance is reflected in our bank account.
10. PICK-UP
Purchased items must be collected within eight (8) days after the auction. Pickup is the earliest possible during the auction, after hammering. Items will only be given to customer if the payment is fully paid at the Auction Chamber's cashier at all costs, or the performance is reflected in our bank account. An item can only be handed over to the official payment receipt. The receipt must have a bank stamp or a self-printed receipt, it is imperative to show the Bank's reference number.
11. RECLAMATION
Buyer or his agent must make a complaint immediately when picking up an item if there is any defect.. The buyer then has two (2) weeks to submit a written complaint to the auction chamber. Thereafter, the buyer loses his rights for a reclamation.
12. WHAT DOES NOT EXCEED 8 HOURS IN EXPENDITURE AND RE-SALES
If the item has not been paid within eight (8) days, the auction chamber has the right to take without notice the following actions:
- stay in the contract and demand a fee
- charging the default interest
- terminate the transaction, or the entire assignment contract
- charge the buyer a deposit of 5 euros per day per item, unless otherwise agreed or
- Providing an object for storage outside the buyer at the expense and risk of the buyer, including transportation to the warehouse at the expense and risk of the buyer.
re-sell the item for the first buyer, with a list price and a controlled floor price, or without a base price, determined by the auction chamber. The auction chamber deducts the buyer's debts from the accumulated funds and any other costs incurred by the buyer. If the amount of the re-sale is not sufficient to cover all the costs of the auction chamber, the difference remains the buyer's debt to the auction chamber.
13. THE EXPORT OF CULTURAL GOODS FOR OUT FINLAND
The export of cultural goods is limited by legislation. The law applies to exports of cultural goods from Finland to other EU countries and exports from the Community. In addition to Finnish legislation, the export of cultural goods outside the EU is governed by Council Regulation (EEC) No 3911/92. In matters concerning land permits, the buyer must contact the National Board of Antiquities and / or the National Art Museum. The National Board of Antiquities may impose a temporary ban on an auction on an item to be auctioned, and such a ban shall be a separate mention in the auction list.
14. RESPONSIBILITY
The Auction House complies with the legislation in force in Finland. The auction chamber's liability vis-à-vis the buyer is limited to the fact that the buyer has returned the item, in the condition corresponding to the sales date, is returned the hammer price, the excise tax, the resale right,
VAT payments. The Auction Chamber shall not be liable for any direct or indirect damages incurred by the buyer, nor any other similar charges.
15. DESCRIPTION AND MATERIALS
The Chamber of Commerce has the right to photograph or otherwise describe items on the Internet or printed matter, leaflets or other documentation. All materials described by the auction chamber will be the property of Galleria Annmaris Oy and will be freely available later for purposes not related to an individual auction or sales order.
16. CREDIT CARD CHECK
The auctioneer has the right to make a credit check on the customers participating in the auction or to certify in some other way the payment capacity of the customer.
17. HANDLING OF PERSONAL DATA
The organizer of the auction commits to the personal data of its customers in accordance with the Finnish Personal Data Act. Certain services can only be used by signing up as a service user. The Auction Chamber requires all its customers to provide certain personal data, which is a prerequisite for the use of the services of the auction chamber.
The customer's information is stored in the auction house's registry, which is used:
- organizing auctions and maintaining customer relations
- marketing and management of auctions
- possibly for Galleria Annmaris Oy's market and customer analysis
The Auction Chamber keeps the register up-to-date with information received from a client or private or public registers. Galleria Annmaris Oy does not disclose information to third parties. The customer may in writing prohibit the use of their records for marketing purposes and, once a year, free of charge to verify their information by written request.
18. DISCLAIMER OF DISPUTES
Any dispute arising out of a contract shall be settled in accordance with Finnish law in the Tampere District Court.
