Terms & Conditions
GENERAL TERMS & CONDITIONS
1. BUYING
1.1 BIDDING
1.1.1 Bidding at an auction takes place by means of a pre-assigned bidding number. Bids are not accepted without a bidding number. Helander (Yesterdays Finland Oy) reserves the right to determine the recipients of a bidding number. A bidding number is personal at all times. The customer's details are issued on a receipt based on the information provided upon registering a bidding number, and the receipt details cannot be changed in connection to the payment. Helander is entitled to revoke the right to use a registered bidding number during an auction underway. The bidding number must be returned after the auction.
1.1.2 Before issuing a bidding number and/or accepting an advance bid or telephone bid and before the customer takes part in an auction, Helander has the right to:
? perform a credit check on customers taking part in an auction;
? If necessary, demand a letter of credit from the customer's bank or some other proof, especially in, but not limited to, the events that the customer is not domiciled in Finland, the customer lacks a Finnish identity code and/or lacks a Finnish bank account number.
1.1.3 A person bidding on someone else's behalf shall be deemed the actual Buyer, unless Helander has, pursuant to a submitted written clarification, approved the Buyer as operating on someone else's behalf and provided that the bidding number is registered for the Principal.
1.1.4 The auctioneer raises bids by a sum he/she deems appropriate. Bidding must take place using a clearly audible voice or indicated by a clear sign, such as by raising the bidding number. The auctioneer determines which bid is valid in the event that a lot must be re-entered for bidding due to an unclear circumstance.
1.1.5 The highest bid is confirmed by the fall of the hammer, whereby the bidder enters a binding purchase agreement. In the event of ambiguity over a final bid, the auctioneer has the right to decide on re-bidding. Helander has the right to turn down a bid without announcing a reason. Ownership of an item is assigned to the Buyer after he/she has settled the payment in full.
1.1.6 A minimum advance bid or bid on the spot is mentioned in the price list.
1.1.7 Conditional bid are not be accepted. We do not accept bids from the seller for lots put on sale by the seller.
1.2 IDENTIFICATION
1.2.1 An ID-card/passport must be presented in the following situations:
? In connection to entering into a commission agreement
? In connection to registering a bidding number
? Paying for and/or collecting goods.
Upon collecting/paying for items purchased by a third party, the collectors must prove their identity and present authentication, if required by Helander, on their right to collect the said lot.
1.3 ABSENTEE BIDDING
1.3.1 Buyers may submit bids in advance on auction days or participate in an auction by telephone. Buyers may also take part in an auction by submitting an absentee bid via Helander's website. Upon registration, Buyers receive by default a username and password for logging into the advance bidding website in future. Absentee bidding closes when the auction begins. Telephone bidding closes one hour prior to the auction.
1.3.2 In the event of two equal bids, the earlier bid confers the right to purchase. In all cases, a bid is the liability of the Buyer. Bids received via a text message are not accepted.
1.3.3 Processing order of advance bids
? One bid: the auctioneer starts with the lowest possible bid and raises bids by a sum he/she deems appropriate.
? Two or more bids: the auctioneer starts with the second highest bid plus one raise. For an example, absentees bid 100 €, 300 €, 500 €. The auctioneer says "we start with 330 € ".
? Two or more equal bids: the earlier advance bid confers the right to purchase, i.e. a chronological order is the deciding factor.
? An advance bid is equal to a bid in the auction room: an advance bid wins since it is submitted first.
1.3.4 Telephone bidding
1.3.4.1 The Buyer may take part in an auction by telephone upon prior agreement with staff at Helander. Helander calls the Buyer as the lot in question is up for auction.
1.3.4.2 The minimum telephone bid is mentioned in the price list. An advance bid submitted over the telephone is valid regardless of whether the person in question can be reached.
1.3.4.3 Bidding is at the Buyer's own risk. Helander is not liable for processing errors or takes no responsibility for technical disruptions.
1.3.5 Staff at Helander shall handle advance and telephone bids maintaining confidentiality and shall bid at an auction on behalf of the Buyer, however so that the purchase price is as low as possible for the bidder. The Buyer must indicate the highest bid on the bidding form and submit the form to appropriate Helander staff.
1.4 PAYMENT
1.4.1 The final price of a lot is made up of the hammer price, Buyer's premium and additional fees specified in the price list.
1.4.2 The Buyer shall pay a Buyer's premium and a hammer fee/lot, the percentage and amount of which are mentioned in the price list.
1.4.3 Payment method: the payment methods are mentioned in the price list. We do not accept cash.
1.4.4 The Buyer must pay for purchased lots within seven (7) days of the auction day.
1.4.5 If payment is not made within the said seven (7) days, Helander has the right to take one or all of the following measures:
? Abide by the agreement and demand payment;
? Annul the purchase;
? Resell the lot on the first Buyer's behalf.
1.4.6 Helander covers the Buyer's debt and any other costs incurred by the Buyer's debt from the proceeds of the resale. In the case of reselling, the same rules apply to Helander's fees as in a regular purchase. The possible remainder is refunded to the Buyer. In the event that the money raised by the resale does not cover all of Helander's costs, the remaining amount will be deemed as the Buyer's liability to Helander.
1.4.7 Auction House Helander takes no responsibility for technical disruptions in connection to communication between the Auction House and the Customer. After the auction, the Buyer is liable for checking his/hers winning bids at Helander's My Pages service.
1.5 COLLECTION
1.5.1 The Buyer is liable for the collection of purchased items. The item(s) will be handed over provided that full payment has been made by the time of collection. If the payment was made to the bank, the Buyer is required to present a receipt of the transaction when collecting goods. Any items that are not collected within the set timeframe incur a storage fee mentioned in the price list, or are transported to an external storage facility to be stored on behalf and at the expense of the Customer.
1.5.2 When collecting goods, the Buyer shall reserve and provide sufficient packing materials and, when necessary, assistance for carrying heavy goods.
1.5.3 Helander's liability for purchased items terminates if the items are not collected in the aforementioned timeframe.
1.5.4 In case the items are not collected within 14 days of the auction day, Helander has the right to resell the items on behalf and at the risk of the Buyer (i.e. first Buyer). In the case of a resale, section 1.4.6 shall apply.
1.6 PACKING AND DELIVERING GOODS
1.6.1 Helander does not arrange for packing or delivering lots. Our packing and shipping partner is Mail Boxes Etc. For all concerning inquiries, please contact kaisaniemi@mbefinland.fi or tel. +358 40188 4980. The Buyer may enter an agreement with any company of their choice in regards to the packing and delivering of lots.
1.7 DROIT DE SUITE (Resale right)
1.7.1 The Buyer shall pay an additional fee for the resale right in connection to the resale of works of art (Droit de Suite). The fee is a maximum of 5% calculated on the hammer price. In Finland, value added tax in accordance with the valid rate is added to the Droit de Suite fee. Further information on the Droit de Suite fee and copyright is available from the Visual Artists' Copyright Society Kuvasto ry, www.kuvasto.fi. Lots that include a Droit de Suite fee for the Buyer if the hammer price exceeds EUR 255 are indicated in the catalogue with an asterisk.
1.8 CONDITION OF LOTS
1.8.1 All lots are sold "as seen" and in accordance with the information in the auction catalogue.
1.8.2 The auction catalogue provides a brief list of information on available lots at an auction. The catalogue's purpose is to assist Buyers with their purchases. Item descriptions in the auction catalogue do not constitute expert statements. Helander is not liable for errors in the catalogue, including errors relating to the weight, measures, creator, authenticity, age, technique, condition or origin of the lots. The catalogue's images serve as an aid for identifying the lots, not for assessing their condition, defects or deficiencies. Helander is not liable for defects or deficiencies that are not apparent in the relevant image or item description. Helander reserves the right to amend the catalogue.
1.8.3 Possible defects or deficiencies in the lots are not necessarily notified. Electronic appliances, clocks and other devices are not tested and no warranty is given for their functionality. Buyers are able to carefully examine the lot during the auction in order to consider and assess its condition and quality and possible defects and deficiencies. Advance examination and possible negligence thereof are the liability of the Buyer, and related negligence does not entitle the Buyer to issue a claim or to annul the purchase. The afore-mentioned also applies to bidding via the Internet or telephone and subsequent purchases.
1.8.4 Helander shall not be liable for mounting on canvases, condition of frames or naturally occurring changes in materials, such as fading in paper and cracking in wood, worn edges, stains and yellowing on graphic works or similar changes
1.9 LIABILITY FOR DEFECTS
1.9.1 Helander's liability for observed defects in purchased lots, with the exception of the aforementioned, shall be limited to the following instances:
? If the item is defective, Helander is primarily entitled to repair the defect, provided that the repair does not cause Helander at an unreasonable cost or effort.
? If a repair isn't feasible, Helander has the right to annul the purchase.
? Helander's liability vis-à-vis the buyer is always limited to that the buyer returns the item to Helander and the Helander reimburses the buyer with the hammer price, excise tax, VAT and possible paid resale right fee to the buyer. Helander is not liable for any direct or indirect damages to the buyer.
1.10 CLAIMS
1.10.1 The Buyer has liability to take Sections 1.8. and 1.9. into consideration. The Buyer shall issue a claim within 14 days from the aforementioned timeframe of collections or the Buyer loses right to claim the item defective. The Buyer has liability to examine the lot upon collection and in case any defects are found, issue a claim immediately before removing the object from the premises of the Auction House. Using an agent does not affect on Buyer's liability to examine the object upon collection, concerning any defects that may lead to a claim.
1.11 EXPORT LICENSE FOR CULTURAL OBJECTS
1.11.1 The export of cultural objects is governed by Finnish law. Legislation applies to the export of cultural objects from Finland to other EU Member States and outside the territory of the Community. In addition to Finnish legislation, the provisions of Council Regulation (EEC) No. 3911/92 apply to the export of cultural goods from the European Community. Assistance should be sought from the Finnish National Board of Antiquities and/or Finnish National Gallery regarding license issues for cultural objects.
2. SALES
2.1 TERMS OF SALE
2.1.1 The Seller is obliged to notify any issues whereof he/she is aware that may affect the sale of the lot. Helander has the right to decide in which auction and via which sales channel the item will be sold.
2.1.2 A written agreement is drawn up for items to be auctioned (excluding sales on behalf of the first Buyer, Section 1.5.4). Commission for the auctioned lot, hammer price and minimum commission are mentioned in the price list.
2.1.3 Subsequent to signing a commission agreement, Helander has the right to inspect the lots in further detail. Helander has the right to withdraw from a sales commission after inspecting a lot submitted for sale. Helander has at any time the right to refuse an item for auction if justified grounds arise that would impact the operations of Helander, including, but not limited to, the authenticity, ownership, selling rights or other matter affecting the sale of the lot. Helander is not liable for damages to the Seller resulting from a withdrawal from or refusal of a commission.
2.1.4 Collection of items for an auction by Helander is subject to a separate and prior agreement before the auction. Information on collection pricing is available on Helander's website.
2.1.4.1 Before the auction, the Seller is sent a note on the lot numbers of items provided for the auction by the Seller.
2.1.5 Subsequent to issuing a commission, lots registered for auction are no longer available for collection by the Seller before the auction. In the case of emptying household effects/an estate of a deceased person, upon entering an agreement the Seller must clearly specify items intended for auction and those to be retained. The Seller does not have a right to bid for any items the Seller has commissioned for sale at an auction.
2.1.6 Helander has the right to offer a lot at one additional auction if it's not sold at the first. Any unsold items are delivered after the auction to a recycling company or/and landfill site or, provided a separate agreement thereof has been made with the Seller, the Seller shall collect the items within set timeframe.
2.1.7 Helander has the right to photograph and list the lots as it deems fit, for the Internet, printed products, advertisements and other documentation. All such materials and images shall be considered the property of Helander and may be used for purposes that do not relate to a specific auction or sale of a lot.
2.1.8 The Seller shall collect from Helander any lots that have not been included in an auction pursuant to section 2.1.3 without delay, withing set timeframe of the date Helander notified the Seller, or any lot that has not been paid within the time mentioned in 1.4.4. In the event that the Seller does not collect the item within the specified time, Helander has the right to submit the item for storage by a third party at the expense and risk of the Seller, or, if possession of the item is prohibited, the item shall be handed over to authorities.
2.1.9 In the event that an auctioned lot proves to be a counterfeit, the winning Bidder can not be proved or some other substantial issue arises relating to the purchase, Helander has the right to annul the purchase. In the afore-mentioned cases, Helander shall refund the value of the purchase price to the Buyer. If the purchase price has already been paid to the Seller, the Seller shall pay an equivalent amount in compensation to Helander within 14 days of Helander's request. Furthermore, the Seller shall be liable to pay compensation to Helander to cover all fees and expenses incurred by Helander due to the annulment of the purchase. An item of an annulled purchase will be available for collection by the Principal as soon as Helander has received the aforementioned compensation for the annulled purchase, unless possession of the lot is prohibited.
2.1.10 The Seller is liable for following the unsold items at Helander's My Pages service. No written purchase itemisation will be sent. Auction House Helander takes no responsibility for technical disruptions in connection to communication between the Auction House and the Customer. Helander does not respond to telephone queries about an unfinished sales process.
2.1.11 If Helander has taken the object for appraisal, and the Seller doesn't want to sell the object or Helander detects a reason that bars the sale of the object, Helander will inform the Seller a timespan, within which the Seller may fetch the object from Helander. If the Seller hasn't retrieved the object within the said time, Helander has the right to submit the object for disposal or sell the item on the Principal's behalf
2.1.12 Helander has a right to collect a fee according to the price list, if the lot is not sold.
2.2 TRANSFER OF PAYMENT
2.2.1 The proceeds from the sale that have been paid in full are transferred solely to Principal's bank account on the 16th day of the month following the auction or on the first following banking day after it.
2.2.2 Helander is not obliged to take legal measures for the collection of payments or other equivalent measures due to non-payment of the purchase price, nor is Helander liable for the purchase price of the Buyer to the Seller.
2.2.3 In the event that the Buyer does not pay the purchase price, Helander has the right at its own discretion to re-sell the property on behalf of the Buyer or annul the purchase and obligate the Seller to collect the lot. Helander may negotiate the applied procedure with the Seller. In the event that the Buyer has paid the purchase price for the item to Helander but has issued a claim concerning the authenticity of the item or some other similar matter, Helander has the right to retain the payment in its account until the claim is settled. If the Buyer's claim is justified, Helander may annul the purchase. If the Buyer's claim is not justified, Helander shall transfer the payment to the Seller.
2.2.4 Helander is not liable to the Seller or to any third party for any claim issued on or relating to an item, including, but not limited to, a claim concerning an item's valuation, condition, authenticity, storage, purchase annulment or any other matter beyond Helander's reasonable control. If, however, through no fault of its own Helander is obliged to pay compensation due to claims issued by the Buyer or third party, the Seller shall pay compensation to Helander for all incurred costs.
2.3 SET-OFF
Helander has a right of set-off against the Buyer and Seller. The Buyer and Seller have no right of set-off against Helander.
3. GENERAL
3.1.1 Helander is insured against transport, burglary, fire and water damages. Insurance covers lots from the moment Helander has taken these into custody from the Seller. Helander stores items in a manner that a normal, careful person would their own, and is not liable to the Seller for the possible depreciation of the item resulting from, for example, scratches, natural wear and tear or other similar damages, nor for natural changes occurring in organic materials (for example, but not limiting to, cracking occurring in wood). If, however, an item is damaged due to Helander's fault (or due to a fault of a party under Helander's liability), Helander's liability is limited to the amount covered by Helander's insurance. If Helander's insurance does not cover the damages, Helander is not liable for the incurred damages to the Seller or Buyer.
3.1.2 Helander has according to compulsory legislation on anti-money laundering and countering the financing of terrorism, a duty to investigate facts pertaining to the identity, business, beneficiaries, when the threshold values set in law, are reached. In case Helander does not receive the information and materials it has asked for, it may be obliged not to carry through the transaction or transactions. Helander has a right not to carry through a transaction or transactions in case it, according to its own judgement, has not received adequate information and materials from its customer.
3.1.3. In the event that force majeure prevents the Parties from fulfilling their contractual obligations and the effects of the force majeure cannot be mitigated without unreasonable additional costs, the Parties shall have the right to retain from fulfilling their obligations under this Agreement to the extent and for the period of time that the force majeure prevents the fulfilment of contractual obligations. An event of force majeure may include measures by authorities, suspension of operations due to water damage, fire or other accident, disruptions in traffic or energy supply, labour disputes (also when involving the Party) or some other material and exceptional reasons of an equivalent impact, whose consequences the Party could not have reasonably avoided. A Party prevented from fulfilling its contractual obligations due to an event of force majeure shall inform the other Party without delay concerning the said issue as well as concerning the termination of the force majeure. The Seller or Buyer shall not be entitled to claim compensation from Helander for a delay resulting from the afore-mentioned grounds.
3.1.4 The provisions of the Finnish language version of the Auction Terms and Conditions shall prevail. Other language versions of the Auction Terms and Conditions are solely for information purposes and shall not be deemed as binding.
3.1.5 Helander has the right to charge 10% interest on arrears.
3.1.6 Disputes
The Agreement by Helander and its Party shall be governed by and construed in accordance with the laws of Finland (excluding its conflict-of-laws rules), and any disputes arising from this Agreement shall be resolved by the Helsinki District Court.
