1. Terms and Conditions
1.1 These general conditions are standard conditions between a
bidder (“the Bidder”) and AB Uppsala Nya Auktionskammare
(“UAK”). They apply to all auctions conducted by UAK.
1.2 The current version of these Terms and Conditions is
published on the website and in the printed auction catalogs of
UAK.
2. Registration
2.1 To participate in an auction, the Bidder has to be registered
with UAK. Registration may be completed in one of the UAK
offces or on the Internet (www.uppsalaauktion.se).
2.2 UAK is entitled to require the Bidder to establish his or
her identity in connection with the registration process. The
information that the Bidder shall provide in the registration
process must be accurate and complete. The Bidder shall promptly
notify UAK of any subsequent changes in his or her registration
information.
2.3 UAK is in its discretion entitled to require that the Bidder,
to be allowed to bid at a specifc auction, generally or for a
specifc item or specifc items, deposits an amount stipulated by
UAK in accordance with a procedure assigned by UAK. If the
Bidder is the successful bidder and then does not pursue his or
her purchase, the Bidder accepts that the deposit is forfeited to
UAK as standardized damages, without the right to any deduction
for the Bidder. If UAK’s loss in consequence of the non-pursuing
of the purchase by the Bidder substantially exceeds the deposit,
UAK is entitled to claim the difference from the Bidder. If the
Bidder is not successful in the bidding that the deposit is related
to, UAK shall as soon as possible return the deposit to the Bidder,
provided that the Bidder is not indebted to UAK for any other
reason.
2.4 Registration is conditional on the Bidder agreeing to these
Terms and Conditions.
2.5 The Bidder acknowledges that before and/or after the
registration, UAK may conduct a credit review (or equivalent) of
the Bidder.
2.6 UAK is entitled, at its discretion and without providing
reasons, to refuse registration and, where applicable, to deregister
the Bidder with immediate effect or with a date to follow. In the
event of deregistration, these general Terms and Conditions shall
continue to apply to any bids that have already been submitted
and purchases that have already been made.
3. Sales Are Made on Commission
3.1 All lots are sold on commission. Occasionally, UAK may sell
lots in auctions for its own account in the few instances where
UAK has come to be the owner of such lots while acting within
the ordinary framework of its auction business, for example, after
a sale has been cancelled.
4. ”As Is” Sales and Bidder’s Duties
4.1 All lots are second-hand and sold as is.
4.2 Since the lots are sold as is, the Bidder has a duty to conduct
a thorough and extensive examination.
4.3 In light of the duty to examine, the Bidder shall determine the
state and condition of the lot by means of a careful examination
that shall be conducted prior to the auction. UAK shall not carry
any liability in the event the Bidder neglected his or her duty to
examine and UAK is further relieved from any liability for such
things, matters or issues that the Bidder should have discovered
upon fulflling his or her duty to examine.
5. Description of Lots
5.1 Catalogue descriptions are made with care, but UAK is not
responsible for any incorrect or incomplete catalog descriptions
unless such inaccurate or incomplete information is substantial.
5.2 In determining whether a catalog description is substantially
inaccurate or substantially incomplete, the estimate and origin
of the lot shall be considered. The requirements of the catalog
descriptions are generally lower for cheaper lots and/or lots
comprising of non-Swedish objects than for other lots.
5.3 The determination of whether a catalog description is
substantially inaccurate or substantially incomplete shall be made
based on the knowledge available in Sweden and on the consensus
among professionals in Sweden at the time of the auction.
5.4 Catalogue descriptions are not always conclusive. The
scope of the descriptions may vary as to the different lots. The
descriptions are generally more comprehensive for lots sold on
the Important Sales and less comprehensive for lots sold on the
Decorative Sales.
5.5 If the catalog includes information in relation to inter alia
authorship, authenticity, age, technique, provenance and condition
of the lot, such information is intended only as general information
and establishes the basis for the Bidder’s own examination and
assessment of the lot.
5.6 Where a catalog description exists in different languages
and there is a discord between these, the Swedish version shall
prevail.
6. Amending and Supplementing the Description of Lots
6.1 UAK retains the right to amend and supplement a catalog
description before the auction. Any changes or additions will be
published on the UAK website. The Bidder is obligated to be
informed of any such new information. UAK carries no liability
for the Bidder neglecting the duty to be informed of any and
all amendments, modifcations or supplements concerning the
descriptions of the lots.
7. Condition Reports
7.1 UAK may, but is not obligated, to provide, upon the Bidder’s
request, a separate written condition report about the general
conditions of a lot including any damages, repairs or similar
information. The information in such a report shall be regarded in
the same manner as the information in the catalog description: it
is intended for the sole purpose of presenting the Bidder with the
opportunity to undertake his or her own examination and appraisal
of the lot. The condition report does not consequently relieve the
Bidder from his or her own duty to conduct an examination. The
liability of UAK for the information included in the condition
report is thereby limited to the same extent as for incorrect or
incomplete catalog information.
8. Liability for Defects
8.1 Since all lots are sold as is and since the Bidder carries the
duty to examine the lots, UAK’s liability for any defects (damage,
imperfections or such) of the lots is limited only to substantial
errors found in the catalog descriptions. With the exceptions that
derive from the following paragraphs in this section, UAK is also
liable for defects of lots related to intentional errors and errors
caused by gross negligence.
8.2 The aforementioned provisions entail that UAK is not
responsible for the ordinary wear-and-tear or for minor damages
and imperfections, such as canvas hoisting, condition of frames,
natural changes in materials, including but not limited to paper
discoloration and cracking of wood, even when these conditions
are not shown in the catalog description of a lot. Such defects are
not grounds for any claims.
8.3 Illustrations in catalogs, on the UAK website, or in condition
reports are for identifcation purposes only, and UAK is not liable
or responsible in the event that any damages, imperfections or
Uppsala Auktionskammare Terms and Conditions for Buyers
as of 1 November 2015
such could not be identifed in these images.
8.4 Clocks, clockwork and mechanical or electrical lots are
sold as art objects and UAK is not responsible for such objects
operating as timepieces or otherwise in any technical manner.
8.5 UAK shall never be liable for information concerning any
lots that may be provided orally.
9. Claims, Limitation of Liability
9.1 Any defects shall always be made known to UAK immediately
after the Bidder has noticed or should have noticed the defect,
and in any event within 14 calendar days from the auction date.
Objections concerning the originator of the work may be made up
to two years from the day of the auction.
9.2 All complaints shall be made in writing.
9.3 If the specifed deadlines for submitting a complaint are not
observed, the Bidder is not entitled to seek relief for any such
defects.
9.4 UAK has the right, at its own cost, to rectify any errors or
defects in the lots sold for which UAK is responsible, including
allowing for the repair of damaged lots. If the value of a lot is
subsequently lower than it would have been had the error or defect
not been present, the Bidder is further entitled to an equitable
reduction in price.
9.5 Where substantial damages are present for which UAK is
responsible, the Bidder has the right to cancel the purchase.
9.6 If UAK has the right to correct the errors or omissions by
repairing the actual lots and/or to reduce the price, UAK (but not
the Bidder, if it does not involve a substantial error or omission)
may instead choose to cancel the purchase.
9.7 UAK’s liability for defects shall always be limited to at most,
and only upon the recovery of the lot, the refund of the hammer
price plus commission, VAT and any resale rights. The Bidder is
not entitled to further compensation. UAK is thus not responsible
for any indirect damages that the Bidder may have suffered.
10. Estimate and Reserve Price
10.1 The estimate of a lot is based on a conservative valuation
completed by UAK. The estimate serves as guidance only. The
fnal hammer price may differ signifcantly, either upwards or
downwards, from the estimate.
10.2 All estimates are made in Swedish crowns (SEK).
10.3 For guidance to Bidders, some estimates may be listed
in currencies other than SEK, whereby a rounded approximate
exchange rate may be used from the time the catalogues are
printed.
10.4 Most lots receive a reserve price. Reserve prices are never
made known to prospective buyers before the bidding is made
public. Reserve prices do not exceed the estimates (lower estimate
if estimate is an interval). Lots are not to be sold below the reserve
price.
11. General Conditions for Bidding
11.1 A submitted bid is binding on the Bidder.
11.2 A submitted bid may not be withdrawn unless explicitly provided by these Terms and Conditions, as observed in
paragraphs 13.5 and 14.7–8.
11.3 All bidding is done in Swedish crowns (SEK).
11.4 The Bidder is required to be registered with UAK.
11.5 UAK retains the right to require the Bidder to provide security or to provide references, which shall be deemed acceptable
at the discretion of UAK. UAK also retains the right to determine an upper limit on the Bidder’s total purchase.
11.6 UAK retains the right, without providing reasons, to refuse the Bidder to participate in the bidding and, where appropriate,
to expel the Bidder from UAK’s premises.
11.7 With identical bids, the frst bid receives priority.
11.8 The auctioneer (the announcer) decides which sum shall determine that a bid is a new bid. This determination is done with
regard to the price level in the ongoing bidding process.
11.9 The winning buyer of a lot is the bidder who submits the highest bid. This bidder enters into a binding contract to purchase
the actual lot.
11.10 In the event of identical bids, uncertain bidding or disputes related to an ongoing bidding, the auctioneer shall decide
which bid shall be given priority to effectuate a purchase or whether the bidding shall be reopened.
11.11 It is not permitted for the Bidder, whether on his or her own or by means of someone else, to manipulate the bidding
process.
11.12 The decision of UAK and/or the auctioneer, under this section 11, is without appeal and carries no liability even if it were
to cause the Bidder damages.
11.13 Bids may be submitted as follows in relation to the auctions that occur:
Important Sales Decorative Sales
In-person bids in the auction hall Yes Yes
Written absentee bids that are submitted in person or that
are sent by fax, e-mail or regular mail
Yes No
Internet bids submitted before the hammer auction begins Yes Yes*
Internet bid in real time during the auction Yes Yes
Telephone bids Yes Yes
*NB: Internet bids submitted before the hammer auction begins may
not be revoked on the Decorative Sales
11.14 In addition to these general bidding conditions, as prescribed by this Section 11, specifc conditions for different forms
of bids shall apply, as set out in sections 12 through 16.
Uppsala Auktionskammare Terms and Conditions for Buyers
as of 1 November 2015
12. Specifcs about In-person Bidding in the Auction Hall
12.1 In-person bidding in the auction hall may take place both at
the Important Sales and at the Decorative Sales.
12.2 A bidder who wishes to bid in the auction hall shall apply
for an auction paddle with a unique bidding number before the
auction begins.
12.3 A bid is submitted by the Bidder when he or she clearly
holds up his or her auction paddle, or when such bid is made with
any other clear sign or with a clear voice. The winning bidder shall
always display his or her auction paddle for proper registration of
the purchase after the hammer has struck.
12.4 A bid delivered in the auction hall is binding and irrevocable
until a possibly higher bid has been submitted.
13. Specifcs about Bidding by Written Absentee Notice
13.1 Written absentee bids may be received for the Important
Sales but not for the Decorative Sales.
13.2 Written absentee bids may be submitted in person to UAK
or sent via fax, e-mail or regular mail.
13.3 Written absentee bids shall be submitted to UAK at the
latest two hours before the start of the auction that includes the
actual lot.
13.4 When a Bidder has submitted a written absentee bid, UAK
will bid on behalf of the Bidder in the most favorable manner
possible, up to the maximum bid.
13.5 A written absentee bid may be withdrawn no later than three
hours before the start of the auction that includes the actual lot.
Any withdrawal must be in writing.
13.6 The Bidder is responsible for purchases that may result
from a written absentee bid being unclear or incorrect, from
any written errors or for any other reasons. In the event of an
inconsistency among various specifcations in a written absentee
bid, the reference to an auction number receives precedence over
other specifcations and UAK is entitled to assume that the auction
number is listed correctly without checking with the Bidder.
13.7 The submission and the possible revocation of a written
absentee bid shall be made at the Bidder’s own risk and UAK
is not responsible for any delays resulting from errors, delays
or inadequacies in telecommunications transmission, delivery
by post or any other technical disruptions. Neither is UAK
responsible for any damages that may occur if UAK neglects
to execute a written absentee bid. Anyone who surely wants to
participate in an auction is therefore invited to attend the auction
in-person in the auction hall.
14. Specifcs about Internet Bids Submitted Before the
Hammer Auction Begins
14.1 Before the hammer auction begins, absentee bidding via
Internet may be received both for the Important Sales and for the
Decorative Sales. Different rules apply, however, for bids made at
the different types of auctions, as explained below, including that
Internet bids may not be revoked in the context of the Decorative
Sales.
14.2 Absentee bidding via the Internet requires that the Bidder has
an Internet customer account registered with UAK. Applications
for Internet customer account must be made well in advance of
the actual auction.
14.3 Absentee bidding via the Internet must be submitted to
UAK no later than two hours before the hammer auction begins.
14.4 UAK will confrm by e-mail the receipt of absentee bids
submitted via the Internet.
14.5 When a Bidder submits an absentee bid via the Internet,
UAK will bid on behalf of the Bidder in the most favorable
manner possible, up to the maximum bid.
14.6 On the Decorative Sales (but not on the Important Sales),
the bidding is reported on the UAK website also ahead of the
auction transferring to a hammer auction without the apparent
identity of the bidder and without the maximum bid submitted
being disclosed. The Bidder who has the highest Internet bid at
the time when a Decorative Sale turns into a traditional hammer
auction shall procure the lot if no higher bid is submitted in the
auction hall, through the Internet in real time, or via telephone.
During the hammer part of the auction, absentee bids previously
received via the Internet will be monitored in the same manner, up
to the specifed maximum bid, as bids received in connection with
the Important Sales.
14.7 An absentee bid via the Internet that relates to an Important
Sale may be withdrawn no later than three hours before the start
of the auction that includes the actual lot. Any revocation must be
made via the Internet.
14.8 Since the Decorative Sales are conducted as open auctions
where incoming bids are continuously presented, any bid
submitted via the Internet in relation to such auctions may not be
withdrawn and is therefore non-revocable.
14.9 The Bidder is responsible for purchases that are completed
by means of an absentee bid via the Internet, even when such
purchases are the result of a bid being unclear or incorrect due to
errors in writing or for any other reasons.
14.10 The submission of absentee bids via the Internet and
any possible withdrawal of such bids (where withdrawal
is allowed according to the aforementioned terms) shall be
made at the Bidder’s own risk and UAK is not responsible
for any delays resulting from errors, delays, or inadequacies
in telecommunications transmission, delivery by post or any
other technical disruptions. Neither is UAK responsible for any
damages that may occur if UAK neglects to execute an absentee
bid via the Internet. Anyone who surely wants to participate in an
auction is therefore invited to attend the auction in-person in the
auction hall.
15. Specifcs about Internet Bidding in Real Time During a
Hammer Auction
15.1 Internet bidding in real-time during a hammer auction may
be made both for the Important Sales and for the Decorative Sales.
15.2 Bidding via the Internet in real time entails that the Bidder
participates in the auction during real time via the Internet.
15.3 Bids via the Internet in real time require that the Bidder has
an Internet customer account registered with UAK. Application
for Internet customer account must be made well in advance of
the actual auction.
15.4 Bids via the Internet in real time are binding and irrevocable
until a possibly higher bid has been submitted.
15.5 The Bidder is responsible for purchases that are completed
by means of a bid which is linked to the Bidder’s log in real time,
even when such bid, for example, has been given by mistake.
15.6 Bidding via the Internet in real time shall take place at
Bidder’s own risk and UAK is not responsible for any delays
resulting from errors, delays or inadequacies in telecommunications
transmission, delivery by post or any other technical disruptions.
Anyone who surely wants to participate in an auction is therefore
invited to attend the auction in-person in the auction hall.
16. Specifcs about Telephone Bids
16.1 Telephone bids may be made both for the Important Sales
and for the Decorative Sales.
16.2 Bidding by telephone means that the Bidder participates in
the auction in real time by telephone.
16.3 Bidding by telephone assumes that the Bidder informs UAK
of his or her intent to participate in this manner, at the latest by
Uppsala Auktionskammare Terms and Conditions for Buyers
as of 1 November 2015
18:00 (Swedish time) the day before the actual auction day, while
additionally UAK has the capacity to receive the telephone call by
means of an available telephone line.
16.4 A Bidder who applies to participate by telephone shall
indicate, in his or her application, the lots on which the Bidder
wants to bid over the telephone and the telephone number where
the Bidder wishes to be called during the auction. UAK shall
confrm by e-mail a Bidder’s registration to telephone bidding.
16.5 Telephone bids are not accepted on a lot whose estimate is
less than 3,000 SEK.
16.6 A person who applies to bid by telephone commits to bid at
least the estimate (lower estimate if estimate is an interval) for the
lots that the Bidder stated in the application.
16.7 Bids submitted by telephone are binding and irrevocable
until a possibly higher bid has been submitted.
16.8 The Bidder is responsible for purchases that are completed
as a result of an unclear or incorrect telephone bid.
16.9 Telephone bidding shall be conducted on the Bidder own
risk and UAK is not responsible for interruptions, delays or
other disruptions in telecommunications transmission or any
other technical problems that prevent or hinder bidding. UAK
is nor liable for damages that may occur if UAK does not call
up a Bidder who signed up to participate by telephone bidding.
Anyone who surely wants to participate in an auction is therefore
invited to attend the auction in-person in the auction hall.
16.10 During a phone bidding process, UAK retains the right to
record calls for documentation purposes.
17. Purchase Transfers
17.1 Purchase transfers or other instructions in regards to a buyer
other than the Bidder are not permitted.
18. Purchasing Fees
18.1 When buying at the Important Sales, a bidder commission
of 22,5 percent including VAT (18.0 percent excluding VAT) is
added to the hammer price.
18.2 When buying at the Decorative Sales, a bidder commission
of 22,5 percent including VAT (18.0 percent excluding VAT) is
added on the hammer price. On the Decorative Sales, an additional
fxed fee of 50 SEK including VAT (40 SEK excluding VAT) will
be applied for every lot sold at the auction.
18.3 Value-added-tax (VAT) is payable on commissions and
fxed fees but not on the hammer price.
18.4 On the lots submitted from outside the EU, an additionally
import VAT of currently 12,0 percent applies. Lots on which this
fee is applied are marked on the UAK website.
18.5 For lots that are protected by copyright law (usually this
includes glass, prints, ceramics, paintings, furniture, silver and
textiles, but not objects produced in more than a limited number
of copies), the rules on compensation for resale rights as found in
sections 26 n – 26 p of the Swedish Law (1960:729) on Copyright
in Literary and Artistic Works (the so-called Droit de suite or
the resale rights) will apply. Compensation is payable up to a
maximum of fve percent and is charged for lots sold during the
originator’s lifetime or 70 years thereafter. Compensation is not
payable on sales where the hammer price is less than fve percent
of “prisbasbeloppet” (currently 2,200 SEK). Lots subject to resale
rights are marked in the auction catalogs with the letter “D”.
18.6 The Bidder’s commission fee and, where appropriate
the fxed fee and/or the fee related to resale rights along
with the applicable VAT shall be paid by the Bidder.
19. Auction Results
19.1 The Bidder is required to verify if any submitted bid resulted
in a purchase.
19.2 After the auction, the Bidder will receive a written
confrmation by e-mail or post about any successful purchase.
19.3 The list of the fnal prices is published on the UAK website.
20. Payment
20.1 All payments shall be made in Swedish crowns (SEK).
The Bidder is responsible for any exchange fees and currency
fuctuations.
20.2 Full payment of auction lots shall be provided to UAK
no later than ten calendar days after the last auction day of the
auction round where the lot was sold.
20.3 Payment shall be made either by deposit in the UAK bankgiro
account, plus-giro account or bank account or by Swedish
bank card or by some major credit cards. When paying by card,
the credit-card transaction fee levied by the credit card company
(up to 2,5 % of the total) will be added. UAK does not accept cash
payments.
21. Non-Payment
21.1 If full payment is not received on time, UAK will charge
interest at 24 percent per annum on any outstanding amount. UAK
also retains the right to charge a late-payment fee, in accordance
with Swedish Regulation (1981:1057) for the compensation of
debt recovery costs. UAK is additionally entitled to compensation
for reasonable expenses resulting from debt collection and the
performance of any other legal services in connection to proving
and enforcing the claim and the recovering thereof.
21.2 In case of non-payment, UAK may also exercise at its
discretion its rights by either immediately or at a later time
cancel the sale and claim compensation for damages (including
reimbursement of reasonable legal expenses) or without special
notifcation to the Bidder sell, on its own or by external means,
on the Bidder’s behalf the lot in question whether in the course
of an auction or as otherwise deemed ft. If such event occurs,
UAK alone may determine the estimate and reserve price to
be applied, including the option that no reserve price shall be
applied. When exercising its rights, UAK shall act reasonably and
provide reasonable attention to the Bidder’s interests in relation to
the sale. If a lot is sold in this manner, UAK shall retain payment
of outstanding claims and the costs of the sale from the purchase
price. Any excess amount shall be paid to the Bidder. If the sale
price is insuffcient to cover UAK’s debts and selling costs, the
Bidder is obligated to pay the difference therein.
22. Retrieval
22.1 The successful Bidder must retrieve the auctioned lots
no later than ten calendar days after the last auction day of the
auction round when the lot was sold. No lots may however be
retrieved before the full payment has been provided to UAK.
22.2 If a lot is not retrieved within the prescribed period, UAK
will charge a storage fee of
50 SEK including VAT (40 SEK excluding VAT) for each calendar
day that the lot is not retrieved. For furniture and other bulky
lots, a double storage fee will be charged. Alternatively, UAK
retains the right to send lots not picked up on time to a forwarding
company for storage. The Bidder shall then be liable to pay the
actual costs charged by the forwarding company.
22.3 UAK also retains the right to sell, on its own or by external
means, at auction or otherwise, a lot that is not picked up within
30 calendar days from the last auction day of the auction round
where the lot is sold. At such sale, the relevant paragraphs
concerning “non-payment” from section 21 shall apply.
22.4 UAK’s liability for sold lots is limited to 10 million SEK
per lot. For lots that are not retrieved in due time, UAK carries
no liability after the ten-day collection period. Consequently, any
Uppsala Auktionskammare Terms and Conditions for Buyers
as of 1 November 2015
auction lot that is not collected in due time will be stored at the
Bidder’s risk.
22.5 The transportation of auction lots from the UAK premises
to the Bidder shall be paid by the Bidder. It is the responsibility
of the Bidder to arrange such transportation whether by him or
herself or with the help of a third-party. UAK may assist with
arranging transportation but it assumes no responsibility for the
performance of any transportation services. The risk associated
with a purchased lot transfers to the Bidder when the lot is
transferred out of the UAK premises, if the transfer of risk has
not already passed to the Bidder under article 22.4. The Bidder
is consequently advised to ensure that any transportation
service is adequately insured. If UAK undertakes in exceptional
circumstances to execute the transportation of a lot to the Bidder
such transportation shall be at the Bidder’s risk.
23. Force Majeure
23.1 UAK is not responsible for damages caused by circumstances
that UAK had not known or could not have not foreseen, for
example such as changes in legislation, government action,
currency restrictions, war or terrorist acts, extreme weather, fre
or other accidents, errors in transmission or networks, shortages
of transportation, general shortage of goods, lockouts, strikes,
boycotts and blockades or other similar circumstances. These
provisions apply regardless of whether the failure occurs in
Sweden or abroad. In respect to strikes, lockouts, boycotts and
blockades, the reservation applies even if UAK has taken, or is
subject to, such actions. To relieve UAK from its obligations,
the circumstances should prevent or signifcantly hinder UAK
meeting its obligations in a timely manner.
23.2 If UAK’s performance of certain obligations is delayed by
more than 180 calendar days due to a force majeure, as prescribed
in the prior paragraph, the Bidder may cancel the current
purchase without liability. The termination must be in writing.
Upon such termination, neither UAK nor the Bidder is entitled to
compensation from the other party.
24. Rights to Photographs
24.1 UAK ordinarily photographs the auctioned lots. UAK retains
the right to reproduce, without the permission of or compensation
to the Bidder, such representation of sold lots in its promotional
materials or in any other context it deems fts and it may further
disclose the price at which such lots were sold.
25. Video and Audio Recording
25.1 UAK retains the right to conduct audio or video recordings
on its display facilities and auction premises. Such video and
audio recordings may only be used in relation to disputes or
criminal investigation.
26. Treatment of Personal Information
26.1 Any personal information that is submitted by the Bidder to
UAK may be used by UAK in the administration and fulfllment
of UAK’s obligations whether in relation to the Bidder, other
customers, the auction business of UAK in general or to fulfll
any such obligations required by law. Personal data may be used
by UAK for market or customer analysis, for statistics purposes
and for marketing functions, such as sending newsletters and
invitations to events. Personal data may be supplemented with
information obtained from public and private sources. Those
wishing to correct or receive information about their personal data
processed by UAK or to request that the personal information is
not used for marketing purposes may so request of UAK in writing.
27. Confdentiality
27.1 UAK undertakes to retain and treat a Bidder’s personal and
business information in a confdential manner and only to disclose
such information to third-parties as required by law.
28. Consumer Protection Legislation
28.1 To the extent that mandatory Swedish consumer protection
legislation such as the Consumer Sales Act (1990:932), contains
conditions that are more onerous to the Bidder than these
conditions, the conditions of the mandatory legislation apply
instead, provided that the Bidder acted as a consumer.
29. Code of Ethics
29.1 In addition to these general Terms and Conditions, UAK
shall apply the ethical rules that are promulgated from time to time
by the Swedish Auction Association. These rules are available on
www.auktionsforeningen.se.
30. Language
30.1 These Terms and Conditions are available in Swedish and
English. In the event of any discord between these, the Swedish
version shall prevail.
31. Modifcation of Terms and Conditions
31.1 Any individual changes or additions to these Terms and
Conditions are only valid if they are confrmed by UAK in writing.
31.2 UAK may modify these Terms and Conditions at any time.
An amendment shall enter into effect 30 calendar days after it
has been published on the UAK website and it shall apply to bids
submitted after the effective date.
31.3 It is the responsibility of the Bidder to keep him or herself
updated about the current applicable version of these Terms and
Conditions.
32. Dispute Resolution and Applicable Law
32.1 Any disputes shall be settled in accordance with Swedish
law by the District Court of Uppsala.
32.2 To the extent that Swedish law permits, UAK retains the
right to determine that a dispute, instead of being taken to court,
shall be settled by arbitration pursuant to the following arbitration
clause:
Any dispute, controversy or claim arising out of or in connection
with these standard Terms and Conditions and any individual
alterations or additions thereto, or the breach, termination
or invalidity thereof, shall be fnally settled by arbitration
administered by the Arbitration Institute of the Stockholm Chamber
of Commerce (the “SCC”). The Rules for Expedited Arbitrations
shall apply, unless the SCC in its discretion determines, taking
into account the complexity of the case, the amount in dispute
and other circumstances, that the Arbitration Rules shall apply.
In the latter case, the SCC shall also decide whether the Arbitral
Tribunal shall be composed of one or three arbitrators. The seat
of arbitration shall be Stockholm. The language to be used in the
arbitral proceedings shall be Swedish.
In assessing whether there are reasons to refer a dispute to
arbitration, UAK shall consider inter alia the amount in dispute,
the complexity of the dispute, the need for a quick and confdential
procedure and any other good reasons. UAK undertakes to
exercise its rights under this paragraph reasonably.
Entry into Force
These Terms and Conditions shall apply to auctions that are held
after 1 November 2015.
Uppsala Auktionskammare Terms and Conditions for Buyers
as of 1 November 2015
Information on Export Permits
According to the Swedish Law (1988:950) concerning cultural
heritage etc., permits are required for the export of some older
Swedish and foreign cultural goods from Sweden. For exports to
countries outside the EU, it may also be necessary to obtain a
permit under Council Regulation (EC) No 116/2009 on the export
of cultural goods. Applications should be fled with the Swedish
National Heritage Board, PO Box 5405, SE-114 84 Stockholm.
UAK will provide the legislative text and the application
forms. Further information can be obtained directly from the
Swedish National Heritage Board (Riksantikvarie?mbetet). Such
information is also available on the National Heritage Board’s
website www.raa.se.
Whoever takes artifacts out of Sweden is responsible for applying
and obtaining any necessary permits. The export of cultural goods
without a permit is a violation of the Swedish Act (2000:1225)
on Penalties for Smuggling and, if the offense is deemed serious,
may lead to a sentence of up to six years in prison. Cultural
objects taken illegally out of the country may also be forfeited to
the Swedish Crown.
Certain licensing authorities may determine, by means of prior
assessments of the lots to be sold in some auctions, which lots
may be subject to an export ban if a permit or license is thereby
sought. Such determination is to be interpreted as an act of service
and is not binding on the respective authorities. Export permits
must consequently be sought for all artifacts that require permits
to be taken out of the country regardless of whether they have
been assigned a prior assessment or not. Export permits must
therefore also be sought for objects that have not been assigned
any preliminary export ban as a result of a prior assessment.
Although any prior assessments completed by licensing authorities
are not binding, the Bidder should nonetheless inform himself or
herself of any prior assessments that the licensing authorities have
conducted. Any preliminary assessments will be reported on the
UAK website after UAK has received the information from the
licensing authorities; with due regard that UAK may sometimes
receive such information very close to the day of the actual
auction
