TERMS AND CONDITIONS FOR AUCTIONS AND MEMBERSHIP
1. Background
1.1 These auction and membership terms (“Terms”) apply between you as an individual or your company or other legal entity (“Customer”/”you”) and KONKURSTORGET Auction AB, registration number 556923-2407 (“KONKURSTORGET“). By accepting the Terms, you, or the company or other legal entity you represent, become a registered member with KONKURSTORGET.
1.2 The Terms apply to the Customer’s membership with KONKURSTORGET, the use of the KONKURSTORGET website Konkurstorgetauction.com and its related pages (“Website”), as well as the services, such as bidding or monitoring an item, provided by KONKURSTORGET on the Website (“Services”). In the case of buying and selling items through the Website (“Auction Items”), KONKURSTORGET’s current General Terms for Online Auctions apply instead, as stated on the Website and below.
1.3 By accepting the Terms, the Customer and its representatives commit to complying with the Terms and agree that they have read the information about KONKURSTORGET’s processing of personal data in accordance with KONKURSTORGET’s privacy policy (“Privacy Policy”). The Terms, KONKURSTORGET Privacy Policy, and the information provided by KONKURSTORGET on the Website constitute the complete agreement between the Customer and KONKURSTORGET regarding the use of the Website and KONKURSTORGET’s Services.
2. Services – bidding
2.1 KONKURSTORGET may, from time to time, offer various services such as the opportunity to place or monitor bids. Such services may be free or associated with various fees. The following terms apply to KONKURSTORGET’s bidding service through the Website.
2.2 A Customer who wishes to participate in a bidding on the Website may do so if they meet the Terms. It is not allowed to participate in bidding on the Website for items submitted by oneself or to manipulate bidding in any way, such as through proxies. KONKURSTORGET reserves the right to refrain from selling, disregard bids, and determine whether bidding should be redone due to uncertainties about the final bid.
2.3 A Customer can log in and place a bid on an auction on the Website from when it starts until it closes. For each Auction Item auctioned on the Website, there is a specified time when the countdown for the auction starts. If a new bid is placed by a customer within three (3) minutes from this time, the auction continues, and the auction time is extended by an additional three (3) minutes. When bidding has been stagnant for three (3) minutes, the auction is concluded. The auction end time is thus flexible and cannot be predicted.
Information about ongoing auctions along with preliminary closing dates is available on the Website.
2.4 All bids are binding for the Customer. A submitted bid cannot be withdrawn, provided that mandatory consumer protection legislation does not prescribe otherwise in relation to a Customer who is a consumer. Please note that the right of withdrawal will not typically apply to placed bids; see more information on this below in point 8.
2.5 The bidding service provided by KONKURSTORGET has been developed over time through significant investments. KONKURSTORGET continues to invest ongoing time and money in developing the bidding service. Therefore, if the Customer uses KONKURSTORGET’s bidding service and places a winning bid, a fee is charged for the use of the bidding service itself. The fee for the service is intended to cover KONKURSTORGET’s costs for the bidding service, such as investments made in the service, programmer costs, IT support, operational expenses, and other costs necessary for the service to be provided. The fee for the service must be paid in accordance with the principles and amounts specified on the Website. The fee for the service may vary depending on the Auction Item. A Customer is obligated to pay the fee for the service even if the purchase of the specific Auction Item is not completed by the customer for any reason. KONKURSTORGET covers the fee for the service for a Customer who does not win the bidding for an Auction Item. Applicable fees for the service are stated on the Website. Payment of the service fee to KONKURSTORGET is carried out in accordance with KONKURSTORGET’s current General Terms for Online Auctions, as stated on the Website and below.
2.6 An Auction Item auctioned on the Website is assigned a minimum price that KONKURSTORGET is willing to sell the Auction Item for (“Reserve Price”). The Customer should place a bid that corresponds to the highest amount the Customer is willing to pay for the Auction Item (“Bid”). A Customer who wants to place a Bid should follow the instructions on the Website. KONKURSTORGET offers various bidding strategies. Depending on the selected bidding strategy, when a customer places a Bid that exceeds the Reserve Price, KONKURSTORGET will automatically initiate a bidding agent that bids as favorably as possible on behalf of the customer up to the Bid. This may also occur below the Reserve Price, depending on the chosen bidding strategy. Refer to the Website for more information on KONKURSTORGET bidding strategies. Therefore, the winning bid may be lower than the specified Bid. See the Website for more information about Bids and their function. KONKURSTORGET reserves the right to remove Auction Items from the Website during ongoing bidding.
2.7 The highest stated bid wins. If two equally high bids are submitted, the Customer whose bid was registered first by the service wins. After the auction is concluded, the Customer who placed the highest bid has always entered into a binding agreement with KONKURSTORGET, provided that KONKURSTORGET has approved the Customer’s bid by sending an invoice to the Customer or otherwise confirming the bid in accordance with point 2.9 below. Applicable purchase terms are stated in KONKURSTORGET’s current General Terms for Online Auctions. If the Reserve Price has not been reached, the conditions in point 2.8 below apply.
2.8 If an Auction Item has not reached its Reserve Price, KONKURSTORGET reserves the right not to accept the Customer’s bid, but instead re-list the Auction Item for sale without prior contact with the Customer who placed the highest bid. If the Customer’s bid has been approved by KONKURSTORGET, an invoice is sent to the Customer without initial contact from KONKURSTORGET. The sent invoice is therefore considered as acceptance of the bid by KONKURSTORGET. The invoice is sent to the email address provided by the Customer at registration and is available for download on the Customer’s own page on the Website.
2.9 After the auction, KONKURSTORGET contacts the Customer who won the bidding in accordance with point 2.7, typically within three (3) business days, via email or phone to confirm the bid. This is usually done by KONKURSTORGET sending an invoice to the Customer. Payment for the purchase is made in accordance with KONKURSTORGET’s current General Terms for Online Auctions. The winning Customer is obliged to be available by phone and read their email after the auction closes. In cases where KONKURSTORGET cannot contact the winning Customer despite repeated attempts, KONKURSTORGET has the right to charge the service fee and offer other Customers the opportunity to purchase the Auction Item unless stated otherwise.
3. User account and personal data
3.1 In order to utilize the Services, such as placing a bid on the Website, the Customer must be registered and logged in on the Website, either as an individual or as a company. Registering as a Customer on the Website is free. The Customer registers by filling in their details on the Website and subsequently obtains a user account. The Customer confirms that the information provided is accurate and complete, and is responsible for inaccuracies in the information provided. Information regarding KONKURSTORGET’s processing of personal data can be found in KONKURSTORGET’s Privacy Policy.
3.2 If a company or other legal entity is registered as a Customer, it is required that a natural person with the authority to bind the legal entity to the Terms, use the Services, and enter into agreements on behalf of the legal entity on the Website is also designated as a contact person. The Website is not accessible to, and must not be used by, individuals under 18 years of age or those who, for any reason, have limited legal capacity or are temporarily or permanently suspended Customers.
3.3 The customer undertakes to ensure that no one other than the customer can use the customer’s login credentials. The customer must not disclose the username and password to any unauthorized person and must ensure that documents containing information about the username and password are stored in such a way that unauthorized individuals cannot access the information. If the customer uses BankID for login, the customer must ensure that no unauthorized person gains access to it. The customer must immediately notify KONKURSTORGET if there is reason to suspect that an unauthorized person knows the customer’s password or has obtained the customer’s BankID. The customer is responsible for actions, such as bidding and purchases, made with their login credentials.
3.4 If KONKURSTORGET suspects that the Customer is abusing their user account or login credentials or otherwise violating the Terms, KONKURSTORGET has the right to suspend the Customer. KONKURSTORGET also has the right to assign new login credentials to the Customer regardless of the reason.
3.5 KONKURSTORGET is not responsible for losses caused by unauthorized use of a Customer’s login credentials or user account, provided that KONKURSTORGET is not guilty of negligence.
4. Messages
4.1 Messages from KONKURSTORGET to the Customer are sent to the email address registered on the Website. Messages from the Customer to KONKURSTORGET should be sent as specified on the Website.
4.2 Messages sent by email are considered to have been delivered to the other party immediately upon receipt of confirmation of the received transmission. Messages sent by regular mail are considered to have been received by the other party three (3) days after dispatch.
5. Technology
5.1 Unfortunately, KONKURSTORGET cannot guarantee that the Website will be error-free or uninterrupted, that errors will be corrected, or that the Website or the servers making the Website available are free from harmful components. Technical disruptions caused by maintenance work, further development, and/or other disturbances may limit and/or temporarily prevent the Customer’s ability to use the Website, or data may be lost. KONKURSTORGET is not responsible for the availability of the Services and cannot guarantee that technical disruptions or data losses will not occur.
5.2 The Website may experience operational disruptions as mentioned above. KONKURSTORGET reserves the right to postpone the dates and times for auction closures after unexpected operational disruptions, including but not limited to errors in the internet connection to the server, data breaches, or service interruptions from providers. Therefore, KONKURSTORGET is not responsible for any overload on the Website and its consequences. KONKURSTORGET is not liable for damages or faults in its or others’ computer equipment and/or programs that affect participation in KONKURSTORGET auctions.
5.3 The above does not apply in case of gross negligence or intent.
6. Intellectual property rights
6.1 The Website and the Services, their content, and all intellectual property rights protecting them are owned by KONKURSTORGET. The Website and its content are protected by copyright and database rights (catalog protection). Unauthorized use or copying of the whole or parts of the Website and the Services may constitute illegal infringement of intellectual property rights and result in liability for damages.
6.2 KONKURSTORGET, KONKURSTORGET ONLINEAUKTIONER.SE, KONKURSTORGET ONLINEAUCTIONS.COM, KONKURSTORGET AUCTION.SE, KONKURSTORGET AUCTION.EE, KONKURSTORGET AUCTION.DK, KONKURSTORGET AUCTION.FI, and KONKURSTORGET AUCTION.COM, together with related logos, constitute KONKURSTORGET trademarks and/or domain names. The use of these trademarks is only allowed after written approval from KONKURSTORGET, and after such approval, it must be in accordance with KONKURSTORGET’s instructions.
7. Agreement Duration
7.1 These Terms come into effect when the Customer has registered on the Website and are valid indefinitely. The Customer has the right to terminate their membership with KONKURSTORGET at any time. Upon termination, the Terms continue to apply to such actions, such as bidding, that the Customer has undertaken before the termination.
7.2 A Customer who has been suspended from the Website by KONKURSTORGET does not have the right to re-register or use the service through another Customer’s login without prior written consent from KONKURSTORGET. KONKURSTORGET has the right, at its discretion, to decide to cease providing the Website and the Services or parts thereof.
8. Right of Withdrawal for Consumers
8.1 The provisions in this section 8 apply to consumers.
8.2 In certain cases, the right of withdrawal does not apply. This is the case if the agreement concerns a service that has been fully performed, and the consumer has expressly consented to the service commencing and has agreed that there is no right of withdrawal once the service has been fully performed. When the Customer participates in an auction on the Website by placing a bid, the Customer is using a service (bidding service) that is also fulfilled by placing bids in an ongoing auction during the withdrawal period. When the Customer uses this service, the Customer will be able to give explicit consent for the service to commence and acknowledge that there is no right of withdrawal once the service has been fully performed (i.e., as soon as the bid has been placed). The information about the right of withdrawal below is therefore not applicable in most cases when using the KONKURSTORGET bidding service; however, it may be relevant for other services that KONKURSTORGET may offer to the customer from time to time.
8.3 According to applicable consumer legislation, consumers have the right of withdrawal within fourteen (14) days from the day the agreement for a service is concluded. If the Customer wishes to exercise the right of withdrawal before the withdrawal period has expired, the Customer should send a clear and explicit message to KONKURSTORGET. For a smooth process, KONKURSTORGET recommends that the Customer contact KONKURSTORGET in the manner described on the Website. The customer should then provide their name and other relevant information, such as the specific service in question. The Customer can also choose to use the standard withdrawal form provided by the Swedish Consumer Agency, see here: Withdrawal Form – Swedish Consumer Agency.
8.4 To meet the deadline for exercising the right of withdrawal, it is sufficient for the Customer to send the notification of the exercise of the right of withdrawal before the withdrawal period has expired.
8.5 When the Customer exercises their right of withdrawal, KONKURSTORGET will refund any amount the Customer paid for the withdrawn service. KONKURSTORGET is entitled to deduct a proportional part of the agreed price, to the extent that the price is reasonable, for a service that has been partially performed before the Customer exercised the right of withdrawal, provided that the Customer has requested the service to start during the withdrawal period.
8.6 KONKURSTORGET will refund the amount as soon as possible, but no later than 14 days from the date KONKURSTORGET received the Customer’s notification of exercising the right of withdrawal. The refund will be made to the customer via the payment option chosen by the Customer, unless otherwise agreed or if there are obstacles to such a refund.
9. Amendment of the Terms
9.1 KONKURSTORGET may change the Terms, Services, and their prices, as well as the content on the Website from time to time. In the case of significant changes to these Terms, the Customer will be informed before logging into the Website. However, this does not apply if the change is due to changes in the law, regulations, or decisions by authorities, and the change must take effect immediately.
9.2 If KONKURSTORGET and the Customer have not agreed otherwise, the amendment takes effect thirty (30) days after the Customer has been informed of such a change. If the Customer does not accept the changes in the Terms or Services, including price changes, they have the right to terminate the agreement for access to the Website with immediate effect. The Website will then be closed for that Customer, and the membership will be terminated. Such termination must be made before the Customer uses the Website again. KONKURSTORGET recommends that the Customer regularly checks the Website to be aware of any changes to the Terms.
10. Suspension
10.1 If a Customer violates the provisions of these Terms or if KONKURSTORGET has reason to suspect that a Customer is in violation of the Terms, KONKURSTORGET may, at its discretion and without prior notice to the Customer:
- terminate the Customer’s user account and/or
- restrict the Customer’s right to use the Website by preventing login and/or
- disable access to the Website.
11. Transfer
11.1 KONKURSTORGET has the right to transfer the agreement governed by these Terms, including all or part of related rights and/or obligations, to a third party. In the event of a transfer, KONKURSTORGET will notify who has taken over the contractual relationship after the transfer through a notice on the Website or via email. If KONKURSTORGET transfers the Terms to a third party, that party has the right to provide the same or similar services on another website. A Customer may not transfer its agreement with KONKURSTORGET without prior written consent.
12. Applicable law and disputes
12.1 Disputes concerning the interpretation or application of these Terms and the Website in general shall be interpreted in accordance with Swedish law and primarily resolved through negotiations between the parties. In cases where the parties do not reach an agreement, the dispute shall be settled by the Swedish courts.
12.2 In the case of a dispute with a Customer who is a private individual, KONKURSTORGET follows decisions from the Swedish National Board for Consumer Disputes (Allmänna Reklamationsnämnden). The Swedish National Board for Consumer Disputes can be contacted either through the website www.arn.se or by mail at Box 174, 101 23 Stockholm. A private individual Customer can also file a complaint via the EU’s online platform for dispute resolution, accessible at http://ec.europa.eu/consumers/odr/.
These Terms and Conditions were established by Konkurstorget on 2024-05-11
GENERAL TERMS AND CONDITIONS FOR ONLINE AUCTIONS FOR CONSUMERS
1. Background
1.1. These general terms and conditions for online auction purchases (“Terms”) apply when a consumer (“Customer”) makes a purchase via Konkurstorgetauction.se and related pages (“Website”). Agreements are entered into between the Customer and KONKURSTORGET Auction AB, registration number556923-2407 (“KONKURSTORGET”). To be able to purchase Auction Items through the Website, the Customer must accept the Terms. Information about KONKURSTORGET’s processing of personal data is available in KONKURSTORGET Privacy Policy.
1.2. The items sold by KONKURSTORGET via the Website (“Auction Items”) are sold by KONKURSTORGET in its own name but on behalf of a seller who is a third party. KONKURSTORGET’s assignment typically includes appraising and preparing a description of the Auction Item, the contents of which are specified in section 3 of these Terms (“Item Description”). Auction Items are usually used, and KONKURSTORGET strives to make the Item Description as accurate as possible.
2. Bidding and service fee
2.1. The Auction Items are sold through online auctions on the Website. To participate in an online auction on the Website, the Customer must register as a member in accordance with KONKURSTORGET’s current Terms & Conditions for Auction and Membership, see the Website and above. Detailed information regarding KONKURSTORGET’s bidding service and the auction process is found in KONKURSTORGET’s Terms & Conditions for Auction and Membership. Customers choosing to participate in auctions on the Website must adhere to KONKURSTORGET’s current rules and instructions.
2.2. The bidding service provided by KONKURSTORGET has been developed over time through substantial investments. KONKURSTORGET continues to invest time and money in developing the bidding service. If the Customer uses KONKURSTORGET’s bidding service and places a winning bid, a fee is charged for the use of the bidding service. The service fee is intended to cover KONKURSTORGET’s costs for the bidding service, including investments made in the service, costs for programmers, IT support, operating expenses, and other necessary costs for providing the service. The service fee must be paid in accordance with the principles and amounts specified on the Website. The service fee may vary in size depending on the Auction Item. A Customer is obligated to pay the service fee even if the purchase of the specific Auction Item is not completed by the Customer for any reason. KONKURSTORGET covers the service fee for the Customer who does not win the bidding for an Auction Item. Applicable service fees are specified on the Website. Payment of the service fee is made in accordance with section 5 below.
2.3. KONKURSTORGET’s obligations to complete the purchase in accordance with these Terms arise only after the seller of the Auction Item has approved the winning bid, and an invoice for the Auction Item has been sent to the Customer who placed the winning bid, or KONKURSTORGET has otherwise confirmed the winning bid, in accordance with KONKURSTORGET’s current Terms & Conditions for Auction and Membership.
3. Item description
3.1. Auction items available for sale on the Website are presented in the Item Description, which includes the following information:
(a) basic description of the Auction Item and its main characteristics;
(b) the time and place the Auction Item is available for potential viewing;
(c) an estimated market value of the Auction Item;
(d) how the Auction Item can be delivered (if applicable) or how the Auction Item can be handed over or picked up; and
(e) the size of the service fee applicable to the highest bid placed.
3.2. The market value provided for the Auction Item is based on a market-adjusted valuation of the Auction Items before the auction. The price at which the Auction Item is finally sold may significantly exceed or fall below the market value. KONKURSTORGET cannot guarantee that the Customer cannot find a similar Auction Item at a lower price.
3.3. Information in the Item Description may be subject to change due to additional circumstances. Any changes or additions will be posted or communicated at the time of the auction or specified in the Item Description. In cases where a change may be considered significant to the value of the Auction Item, KONKURSTORGET reserves the right to remove the Auction Item from the auction and the Website, and the right to possibly reintroduce the Auction Item with a new Item Description. If an Item Description has been provided in different languages, the Swedish version takes precedence.
4. Goods with Digital Components
4.1 If the Auction Item is integrated or connected with digital content or a digital service, these Terms also apply to the digital content or digital service, unless otherwise expressly stated in these Terms or in the Item Description.
4.2 In accordance with applicable consumer protection legislation, KONKURSTORGET shall inform about the functionality of the digital content or service. KONKURSTORGET shall, on its own or through the provider of the digital component, inform about and provide security updates and other necessary updates.
5. Viewing and Inspection Duty Before Auction
5.1. The time and place for any viewing of the Auction Item are announced in the Item Description. The Customer may form their own opinion about the offered Auction Item during on-site viewing and then place bids based on their own assessment of the value of the Auction Item. In the event that a viewing of the Auction Item is not possible, the Customer should, to the best of their ability, assess the Auction Item, including studying the Item Description, pictures of the Auction Item, and, if necessary, consulting with KONKURSTORGET.
5.2. A description of the auction item and its condition is provided in the item description. Defects and shortcomings may occur in the auctioned items. Therefore, KONKURSTORGET recommends that the customer carefully examines and assesses the condition and nature of the auction item both before making the purchase and as soon as the customer has received the auction item after completing the purchase. The depiction of an auction item in the auction catalog or item description primarily serves identification purposes and should not be solely used to determine the performance or condition of the auction item. If KONKURSTORGET has reason to believe that the auction item deviates in any way from what can objectively be expected of the auction item, KONKURSTORGET will inform the customer of the deviation at the time of purchase. If the customer expressly and separately approves the deviation, the auction item shall not be considered defective.
6. Fees and payment
6.1. During bidding and purchases through the Website, the prices stated on the Website apply. Prices and bids are presented on the Website excluding VAT unless expressly stated otherwise. In addition to the service fee, each individual Auction Item incurs VAT and other applicable statutory fees on the highest bid submitted. Refer to the Item Description for more information. VAT is also added to the service fee.
6.2. The Customer can pay using the methods specified on the Website. Learn more about our payment methods on the Website. KONKURSTORGET has the right to charge the Customer immediately upon the winning bid. KONKURSTORGET reserves the right to not always offer all payment methods or change payment methods if the chosen method does not work at the time of purchase for any reason. Please note that any limitations on payment options are specified on the Website.
6.3. Payment must be made immediately after winning the Auction, your bid has been approved, and KONKURSTORGET has sent an invoice to your email. If your payment is not made immediately, KONKURSTORGET will send you a reminder within three (3) calendar days. If, despite the reminder, you do not pay, KONKURSTORGET may send you another reminder. If payment is not made within seven (7) calendar days after the end of the Auction, KONKURSTORGET has the right to demand that the purchase be fulfilled. In such a case, KONKURSTORGET also has the right to cancel the purchase due to non-payment and receive compensation for any damage or loss, including the service fee.
6.4. If payment is delayed despite reminders from KONKURSTORGET, and the Customer is more than thirty (30) days late with payment from the due date, KONKURSTORGET has the right to charge default interest and/or collection fees in accordance with applicable law.
6.5. If the purchase is canceled according to point 6.3 above, KONKURSTORGET has the right, without first notifying the winning Customer, to resell the Auction Item at the starting and surveillance price that KONKURSTORGET deems appropriate. In the event of resale, KONKURSTORGET has the right to offset compensation for claims and costs for the sale of the Auction Item from the amounts received. If the resale price is not sufficient to cover KONKURSTORGET’s claims and the cost of resale, the Customer must pay the difference.
6.6. If the Customer is outside of Sweden, the invoice is sent with additional Swedish VAT. The VAT must be paid to KONKURSTORGET and then refunded to the Customer when an export declaration or other document proving that the Auction Item has left Sweden is provided to KONKURSTORGET. For the VAT refund to occur, the export documentation must be received by KONKURSTORGET no later than fourteen (14) days after the invoice date. The Customer must also provide complete bank information to KONKURSTORGET, such as IBAN account, BIC/SWIFT code, and the name and address of the bank. The Customer is responsible for all customs handling of the Auction Item.
7. Collection, inspection and transport
7.1. The date and time for picking up the purchased Auction Item are specified on the order confirmation, Item Description, or the invoice addressed to the winning Customer. KONKURSTORGET is not responsible for transport, and shipping is not included in the purchase of the Auction Item. KONKURSTORGET will notify the Customer when the Auction Item is available for pickup. Unless otherwise agreed with the Customer, the pickup of the Auction Item under this point shall take place on the delivery date indicated on the order confirmation or Item Description. For Auction Items not picked up within the specified time, KONKURSTORGET has the right to charge a storage and handling fee according to the current price list specified on the Website. KONKURSTORGET will inform the Customer about this in advance. If the Customer is unable to pick up the Auction Item on the specified date and time, the Customer must contact KONKURSTORGET using the contact information provided by KONKURSTORGET.
7.2. Upon pickup of the Auction Item, proof of payment and a copy of the invoice or payment confirmation must be provided. However, Auction Items won cannot be picked up until full payment has been received by KONKURSTORGET.
7.3. When picking up the Auction Item, the Customer should inspect it to ensure that the Auction Item is not defective. Customers picking up Auction Items through an agent or transport company should sign a delivery acceptance by which the agent or transport company is authorized to inspect and pick up the Auction Item on behalf of the Customer.
7.4. If an Auction Item is not picked up on the delivery date specified in the order confirmation, invoice, or Item Description, KONKURSTORGET has the right to transfer the Auction Item to a storage/shipping company hired by KONKURSTORGET, cancel and resell it in accordance with the terms specified in points 6.3 and 6.5 above, or discard the Auction Item. If the Auction Item concerns real estate, the Customer has the right to access on a specific date in accordance with the agreement between the property owner and the Customer.
7.5. KONKURSTORGET may, by special agreement with the Customer, arrange for the transport of Auction Items. All transports, both within and outside Sweden, are normally carried out by an externally contracted operator (“Carrier”) and in accordance with the Carrier’s applicable rules. The decision on the Carrier may be made only after full payment. The Customer is also invoiced for specific transport costs in accordance with the Carrier’s current price list specified on the Website.
7.6. KONKURSTORGET takes responsibility for Auction Items that are damaged or lost during delivery to the Customer. In case of any complaints or claims related to transportation, such as if the Auction Item has been damaged during transport, the Customer must immediately notify the Carrier and KONKURSTORGET using the contact information specified on the Website. If, in individual cases, KONKURSTORGET agrees to pack and send purchased Auction Items, this is done at the Customer’s expense, and the risk of the item passes to the Customer when the Customer has received the item. If the Customer discovers any defects with the Auction Item, the Customer must immediately notify KONKURSTORGET as described below.
8. Transfer of risk
8.1. The responsibility for the Auction Item transfers from KONKURSTORGET to the Customer as soon as the Customer, or a carrier hired by the Customer, has picked up the Auction Item. If the Customer uses a carrier offered by KONKURSTORGET, such as a Carrier, the responsibility shifts from KONKURSTORGET to the Customer when the Customer has received the Auction Item.
8.2. If the Auction Item constitutes a product with digital components, the responsibility shifts from KONKURSTORGET to the Customer when the Customer gains access to the digital content or to a means suitable for accessing or downloading it, or when the digital service becomes available to the Customer.
8.3. KONKURSTORGET is not responsible for costs, damage, or consequential damage incurred by the Customer when the Auction Item cannot be handed over by KONKURSTORGET on the pickup day due to the Auction Item being stolen at the pickup location after the auction has ended. KONKURSTORGET is also not responsible for costs, damage, or consequential damage incurred by the Customer when the Auction Item is withdrawn after the auction has ended, regardless of the reason for this. In the event of theft of the Auction Item or if KONKURSTORGET withdraws the Auction Item after the auction has ended, KONKURSTORGET will refund the amount paid by the Customer for the Auction Item.
9. Responsibility for defects
9.1. A description of the Auction Item and its condition is provided in the Item Description. For defects in the Auction Item, consisting of the Auction Item not meeting agreed-upon characteristics or being in worse condition than the Customer could reasonably expect, KONKURSTORGET is responsible according to the rules below. KONKURSTORGET is only liable for defects under applicable consumer protection legislation, and an assessment of whether the Customer’s item is defective should always be made through a comparison with an equivalent used item.
9.2. KONKURSTORGET is not responsible for defects that arise after the Auction Item has been handed over to the Customer. For items with digital components, KONKURSTORGET is responsible for defects that arise in the digital part within three (3) years from the handover or during the longer period agreed upon between KONKURSTORGET and the Customer. KONKURSTORGET is not responsible for:
(a) defects, deficiencies, or damages stated in the auction list or Item Description;
(b) defects that, considering the nature, price, or age of the Auction Item, the Customer could have expected; or
(c) defects that the Customer is aware of or should have been aware of, for example, those the Customer should have noticed by carefully reading the Item Description and studying the pictures attached to the Auction Item, or those the Customer noticed or should have noticed during their examination of the Auction Item under point 3 or point 7.3 above.
9.3. KONKURSTORGET is not responsible for defects arising from the Auction Item deviating from what can objectively be expected of a used item if, at the time of purchase, KONKURSTORGET has informed the Customer about the defect, and the Customer has expressly and separately approved the defect. This means, for example, that used items should not be considered defective if the defect is due to normal wear and tear.
9.4. Furthermore, KONKURSTORGET is not responsible for defects if the Auction Item is sold as “repair object”, and KONKURSTORGET has informed the Customer about the defect at the time of purchase, and the Customer has expressly and separately approved the defect.
9.5. If the Auction Item cannot be handed over after the auction concludes, KONKURSTORGET will refund the amount paid by the Customer for the Auction Item, and also compensate the Customer for expenses associated with traveling to the pickup location, following the compensation levels specified on the Website.
9.6. KONKURSTORGET is not liable for defects in Auction Items sold for the Enforcement Authority, bankruptcy estate, or on behalf of a debt collection agency or leasing company. The Customer waives the right to assert any consequences due to defects in such Auction Items. However, defects in Auction Items sold for a bankruptcy estate may be claimed until the bankruptcy is concluded.
10. Complaints
10.1. The Customer may not assert that the Auction Item is defective unless the Customer notifies KONKURSTORGET of the defect (complaint) within the timeframes specified below.
10.2. The Customer has the right to lodge complaints about defects that become apparent within three (3) years from the Customer’s purchase of the Auction Item on the Website. For items with digital components, the Customer can lodge complaints within a corresponding three (3) years or for the longer period agreed upon between KONKURSTORGET and the Customer. The right to complain only covers items that are defective according to applicable consumer protection legislation. Complaints must be made within the timeframes specified by applicable consumer protection legislation.
10.3. Auction Items sold on behalf of the Enforcement Authority, bankruptcy estate, or on behalf of a debt collection agency or leasing company cannot be subject to complaints. However, Auction Items sold on behalf of a bankruptcy estate can be subject to complaints until the bankruptcy is concluded.
10.4. KONKURSTORGET recommends that complaints be made as specified on the Website. A written complaint should include the item number and invoice number, the Auction Item to which the complaint pertains, and a description of how the defect manifests. Incorrectly stated bids do not constitute a reason for complaint to avoid misunderstandings. KONKURSTORGET reserves the right to deny a complaint if it is found that the item is not defective.
10.5. In case of a defect in an Auction Item, the Customer has the right to choose for KONKURSTORGET to either
(a) primarily remedy the defect; or
(b) replace the item with a substitute.
10.6. If KONKURSTORGET is unable to compensate the Customer in the manner chosen by the Customer under section 10.5, or if the Customer’s choice would result in unreasonable costs for KONKURSTORGET, KONKURSTORGET shall compensate the Customer through the other alternative. If this is not possible or entails unreasonable costs for KONKURSTORGET, KONKURSTORGET has the right, at its discretion, to compensate the Customer by
(a) primarily remedying the defect,
(b) secondarily providing reasonable compensation to the Customer in the form of a price reduction; or
(c) tertiarily replacing the Customer with a substitute.
10.7. In the case of replacement with a substitute, KONKURSTORGET cannot guarantee that the Customer will be compensated with an equivalent substitute as the Auction Item, considering that the Auction Item is a used item.
10.8. KONKURSTORGET does not cover repairs performed by the Customer unless approved in advance by KONKURSTORGET.
10.9. If compensation under section 10.5 or 10.6 is not provided within a reasonable time from the presentation of a complaint regarding defects for which KONKURSTORGET is responsible, however, no later than within thirty (30) days, the Customer has the right to cancel the purchase after notifying KONKURSTORGET and, upon returning the Auction Item, receive the amount paid by the Customer to KONKURSTORGET in the purchase. The Customer is not entitled to any further compensation.
10.10. If the Customer has lodged a complaint and there is no defect for which KONKURSTORGET is responsible, KONKURSTORGET is entitled to compensation for its costs.
11. Right of withdrawal
11.1. When purchasing an Auction Item on the Website, a fourteen (14) day right of withdrawal always applies in accordance with applicable consumer protection legislation. This means that the Customer has the right to withdraw from their purchase by notifying KONKURSTORGET within fourteen (14) days from the date the Customer or the Customer’s representative picked up or received the Auction Item (withdrawal period).
11.2. The right of withdrawal does not apply to the sale of Auction Items that are real property or other goods for which the right of withdrawal does not apply by law, such as food.
11.3. If the Customer wishes to withdraw from the purchase of the Auction Item, the Customer must, before the withdrawal period expires, send a clear and explicit message to KONKURSTORGET as specified here: Cancel Purchase & Lodge a Complaint. The Customer should provide their name, address, and other relevant information, such as the order number, invoice number, and the name of the Auction Item in the message. Alternatively, the Customer can choose to use the standard form for exercising the right of withdrawal provided by the Consumer Agency (see the following link: Withdrawal Form Consumer Agency).
11.4. When exercising the right of withdrawal, the Customer has the option to return the Auction Item purchased on the Website to KONKURSTORGET premises. Returning an Auction Item to KONKURSTORGET premises is free of charge. Detailed instructions on how the Customer can exercise their right of return are available on the Website. If the return is made to KONKURSTORGET premises, the Customer should bring the payment receipt and a copy of the invoice or payment confirmation.
11.5. If, when exercising their right of withdrawal, the Customer chooses to return the Auction Item by mail, the Customer pays for the return shipping and is responsible for the condition of the Auction Item after the Customer has picked up or received the Auction Item and during the return shipping. The Auction Item should be returned within fourteen (14) days from the date the notice of the exercise of the right of withdrawal was provided to KONKURSTORGET. The Auction Item should be well-packaged and in good condition. KONKURSTORGET recommends that returns be made to KONKURSTORGET using the methods and instructions specified on the Website, which can be found here: Cancel Purchase & Lodge a Complaint.
11.6. When the Customer cancels their purchase, KONKURSTORGET refunds the amount paid for the Auction Item, including standard delivery costs. Exceptions apply to any additional delivery costs resulting from the Customer choosing a delivery method other than the standard delivery offered by KONKURSTORGET, such as through a Carrier. In the case of a partial order return, the delivery cost is not refunded. KONKURSTORGET has the right to deduct an amount corresponding to the depreciation of the Auction Item compared to its original value on the amount to be refunded if such depreciation is due to the Customer handling the Auction Item more than necessary to determine its characteristics or function.
11.7. KONKURSTORGET promptly refunds the amount, no later than fourteen (14) days from the date KONKURSTORGET received the Customer’s notice of exercising the right of withdrawal. However, KONKURSTORGET may wait to make the refund until KONKURSTORGET has received the Auction Item or the Customer has demonstrated that the Auction Item has been returned, for example, through a receipt. The refund will be made to the Customer via the payment option chosen by the Customer, provided that no other agreement has been reached or there are obstacles to such a refund. Under no circumstances will any fees be charged to the Customer in connection with the refund.
11.8. In accordance with KONKURSTORGET’s current Auction and Membership Terms, the fee for the bidding service is not refunded when the Customer expressly and separately consents to the service starting to be performed and that the right of withdrawal does not apply.
12. Special Conditions for the Sale of Seized Assets
12.1. KONKURSTORGET also offers the sale of seized assets on behalf of the Enforcement Authority on the Website. Specific conditions apply to the sale of these Auction Items as follows.
12.2. The Auction Items are sold at an executive auction/sale on behalf of the Enforcement Authority. The Enforcement Authority has the right to cancel the sale or to withdraw specific Auction Items from sale with short notice. The Auction Items are sold in the condition they are in at the time of sale. No complaints or returns are considered.
12.3. KONKURSTORGET does not conduct a comprehensive test of seized property, and the Object Description on the Website is only general. The Customer must personally ensure the condition of the Auction Item during the viewing and check the Object Description. Auction Items cannot be rejected upon pickup, and the Customer is bound by their winning bid regardless of the condition of the Auction Item.
13. Changes to the Terms
13.1. KONKURSTORGET has the right to change these Terms by notifying the Customer or by introducing the amended Terms on the Website. Changes to the Terms become effective when the Customer has accepted the Terms (during a new visit to the Website where acceptance occurs electronically) or alternatively, thirty (30) days after KONKURSTORGET has informed the Customer of the changes. KONKURSTORGET recommends that the Customer regularly checks the Website to stay informed about any changes to the Terms.
14. Force Majeure
14.1 If KONKURSTORGET’s performance of its obligations under the Terms is substantially hindered or prevented due to circumstances beyond KONKURSTORGET’s control, such as a general labor dispute, war, fire, lightning strike, pandemic, terrorist attack, theft, changes in government regulations or government intervention, or the emergence of a superior right by a third party, or any other reason beyond KONKURSTORGET’s control, this shall constitute grounds for exemption relieving KONKURSTORGET from liability for damages and other consequences. If KONKURSTORGET’s performance of the Terms is prevented for a period longer than three (3) months due to grounds for exemption under this provision, the Customer may cancel the purchase.
15. Contact
15.1 For questions or complaints, the Customer can contact KONKURSTORGET via info@Konkurstorget.se, +46 (0)31–788 33 40, or through the KONKURSTORGET chat function on the Website.
16. Governing law and disputes
16.1. Disputes regarding the interpretation or application of these Terms and the Website in general shall be interpreted in accordance with Swedish law and, in the first instance, be resolved through negotiations between the parties. In the event the parties do not reach an agreement, the dispute shall be settled by Swedish courts.
16.2. KONKURSTORGET adheres to decisions from the Swedish National Board for Consumer Disputes (Allmänna Reklamationsnämnden). The Swedish National Board for Consumer Disputes can be contacted either through the website www.arn.se or by mail at Box 174, 101 23 Stockholm. As a Customer, you can also lodge a complaint via the EU’s online platform for dispute resolution, accessible through http://ec.europa.eu/consumers/odr/.
GENERAL TERMS AND CONDITIONS FOR ONLINE AUCTIONS FOR COMPANIES
1. Background
1.1. These general terms and conditions for online auctions (“the Terms”) apply when a business entity or other legal person (“Customer”) makes a purchase via Konkurstorgetuction.se and related pages (“the Website”). Agreements are entered into between the Customer and KONKURSTORGET Auction AB, organization number556923-2407 (“KONKURSTORGET”). To be able to purchase Auction Items via the Website, the Customer must accept the Terms.
1.2. The items sold by KONKURSTORGET via the Website (“Auction Items”) are sold by KONKURSTORGET in its own name but on behalf of a seller who is a third party. KONKURSTORGET’s assignment typically includes appraising and preparing a description of the Auction Item, the contents of which are specified in section 3 of these Terms (“Item Description”). Auction Items are usually used, and KONKURSTORGET strives to make the Item Description as accurate as possible.
2. Bidding and service fee
2.1. The Auction Items are sold through online auctions on the Website. To participate in an online auction on the Website, the Customer must register as a member in accordance with KONKURSTORGET’s current Terms & Conditions for Auction and Membership, see the Website and above. Detailed information regarding KONKURSTORGET’s bidding service and the auction process is found in KONKURSTORGET’s Terms & Conditions for Auction and Membership. Customers choosing to participate in auctions on the Website must adhere to KONKURSTORGET’s current rules and instructions.
2.2. The bidding service provided by KONKURSTORGET has been developed over time through substantial investments. KONKURSTORGET continues to invest time and money in developing the bidding service. If the Customer uses KONKURSTORGET’s bidding service and places a winning bid, a fee is charged for the use of the bidding service. The service fee is intended to cover KONKURSTORGET’s costs for the bidding service, including investments made in the service, costs for programmers, IT support, operating expenses, and other necessary costs for providing the service. The service fee must be paid in accordance with the principles and amounts specified on the Website. The service fee may vary in size depending on the Auction Item. A Customer is obligated to pay the service fee even if the purchase of the specific Auction Item is not completed by the Customer for any reason. KONKURSTORGET covers the service fee for the Customer who does not win the bidding for an Auction Item. Applicable service fees are specified on the Website. Payment of the service fee is made in accordance with section 5 below.
2.3. In cases where the Customer has sought assistance in arranging financing for their Auction Item, the Customer remains bound to the purchase until the financing is fully completed. If, for any reason, an initiated financing is not completed, KONKURSTORGET has the right to re-invoice the customer for their purchase and demand that the Customer fulfill it.
2.4. KONKURSTORGET’s obligations to complete the purchase in accordance with these Terms arise only after the seller of the Auction Item has approved the winning bid, and an invoice for the Auction Item has been sent to the Customer who placed the winning bid, or KONKURSTORGET has otherwise confirmed the winning bid, in accordance with KONKURSTORGET’s current Terms & Conditions for Auction and Membership.
3. Item description
3.1. Auction items available for sale on the Website are presented in the Item Description, which includes the following information:
(a) basic description of the Auction Item and its main characteristics;
(b) the time and place the Auction Item is available for potential viewing;
(c) an estimated market value of the Auction Item;
(d) how the Auction Item can be delivered (if applicable) or how the Auction Item can be handed over or picked up; and
(e) the size of the service fee applicable to the highest bid placed.
3.2. The market value provided for the Auction Item is based on a market-adjusted valuation of the Auction Items before the auction. The price at which the Auction Item is finally sold may significantly exceed or fall below the market value. KONKURSTORGET cannot guarantee that the Customer cannot find a similar Auction Item at a lower price.
3.3. Information in the Item Description may be subject to change due to additional circumstances. Any changes or additions will be posted or communicated at the time of the auction or specified in the Item Description. In cases where a change may be considered significant to the value of the Auction Item, KONKURSTORGET reserves the right to remove the Auction Item from the auction and the Website, and the right to possibly reintroduce the Auction Item with a new Item Description. If an Item Description has been provided in different languages, the Swedish version takes precedence.
4. Viewing and obligation to inspect prior to the auction
4.1. The time and place for any viewing of the Auction Item are announced in the Item Description. The Customer may form their own opinion about the offered Auction Item during on-site viewing and then place bids based on their own assessment of the value of the Auction Item. In the event that a viewing of the Auction Item is not possible, the Customer should, to the best of their ability, assess the Auction Item, including studying the Item Description, pictures of the Auction Item, and, if necessary, consulting with KONKURSTORGET.
4.2. A description of the Auction Item and its condition is provided in the Item Description. The Customer has an obligation to inspect the Auction Item before the auction takes place on the Website. Errors and deficiencies may occur in the Auction Items offered. Therefore, the Customer must carefully examine and assess the condition and nature of the Auction Item. The depiction of an Auction Item in the auction list or Item Description is solely for identification purposes and cannot be used to determine the performance or condition of the Auction Item. However, if a significant detail in the auction list or Item Description is directly misleading, this may constitute grounds for canceling the purchase.
4.3. KONKURSTORGET is not responsible if the Customer neglects their inspection duty as mentioned above and is not liable for matters that the Customer has noticed or should have noticed if the Customer had fulfilled their inspection duty.
5. Fees and payment
5.1. During bidding and purchases through the Website, the prices stated on the Website apply. Prices and bids are presented on the Website excluding VAT unless expressly stated otherwise. In addition to the service fee, each individual Auction Item incurs VAT and other applicable statutory fees on the highest bid submitted. Refer to the Item Description for more information. VAT is also added to the service fee.
The Customer undertakes to independently verify whether the VAT on the relevant Auction Item is deductible in their business.
5.2. The Customer can pay using the methods specified on the Website. Learn more about our payment methods on the Website. KONKURSTORGET has the right to charge the Customer immediately upon the winning bid. KONKURSTORGET reserves the right to not always offer all payment methods or change payment methods if the chosen method does not work at the time of purchase for any reason. Please note that any limitations on payment options are specified on the Website.
5.3. Payment must be made immediately after winning the Auction, your bid has been approved, and KONKURSTORGET has sent an invoice to your email. If your payment is not made immediately, KONKURSTORGET will send you a reminder within three (3) calendar days. If, despite the reminder, you do not pay, KONKURSTORGET may send you another reminder. If payment is not made within seven (7) calendar days after the end of the Auction, KONKURSTORGET has the right to demand that the purchase be fulfilled. In such a case, KONKURSTORGET also has the right to cancel the purchase due to non-payment and receive compensation for any damage or loss, including the service fee.
5.4. If payment is delayed despite reminders from KONKURSTORGET, and the Customer is more than thirty (30) days late with payment from the due date, KONKURSTORGET has the right to charge default interest and/or collection fees in accordance with applicable law.
5.5. If the purchase is canceled according to point 6.3 above, KONKURSTORGET has the right, without first notifying the winning Customer, to resell the Auction Item at the starting and surveillance price that KONKURSTORGET deems appropriate. In the event of resale, KONKURSTORGET has the right to offset compensation for claims and costs for the sale of the Auction Item from the amounts received. If the resale price is not sufficient to cover KONKURSTORGET’s claims and the cost of resale, the Customer must pay the difference.
5.6. If the Customer is outside of Sweden, the invoice is sent with additional Swedish VAT. The VAT must be paid to KONKURSTORGET and then refunded to the Customer when an export declaration or other document proving that the Auction Item has left Sweden is provided to KONKURSTORGET. For the VAT refund to occur, the export documentation must be received by KONKURSTORGET no later than fourteen (14) days after the invoice date. The Customer must also provide complete bank information to KONKURSTORGET, such as IBAN account, BIC/SWIFT code, and the name and address of the bank. The Customer is responsible for all customs handling of the Auction Item.
5.7. KONKURSTORGET will only refund VAT to customers outside of Sweden who are registered businesses with a valid foreign address. Customers within the EU must always provide a valid Value Added Tax (VAT) number during registration.
6. Collection, inspection and transport
6.1. The date and time for the pickup of the purchased Auction Item are specified on the order confirmation, Item Description, or the invoice issued to the winning Customer. KONKURSTORGET is not responsible for transportation, and shipping is not included in the purchase of the Auction Item. Delivery shall take place Ex Works at the designated pickup location (Incoterms 2010). KONKURSTORGET will notify the Customer when the Auction Item is available for pickup. Unless otherwise agreed with the Customer, the pickup of the Auction Item under this provision shall occur on the scheduled date indicated in the order confirmation or Item Description. For Auction Items not picked up within the prescribed time, KONKURSTORGET has the right to charge a storage and handling fee according to the applicable price list displayed on the Website. If the Customer is unable to pick up the Auction Item on the specified date and time, they must contact KONKURSTORGET using the contact information provided by KONKURSTORGET.
6.2. Upon pickup of the Auction Item, proof of payment and a copy of the invoice or payment confirmation must be provided. However, Auction Items won cannot be picked up until full payment has been received by KONKURSTORGET.
6.3. Upon pickup of the Auction Item, the Customer is obligated to inspect the Auction Item to ensure that it is not defective. A customer who retrieves Auction Items through an agent or transport company must sign a delivery approval through which the agent or transport company is authorized to, on behalf of the Customer, inspect and pick up the Auction Item.
6.4. If an Auction Item is not picked up on the delivery date specified in the order confirmation, invoice, or Item Description, KONKURSTORGET has the right to transfer the Auction Item to a storage/shipping company hired by KONKURSTORGET, cancel and resell it in accordance with the terms specified in points 5.3 and 5.5 above, or discard the Auction Item. If the Auction Item concerns real estate, the Customer has the right to access on a specific date in accordance with the agreement between the property owner and the Customer.
6.5. KONKURSTORGET may, by special agreement with the Customer, arrange for the transport of Auction Items. All transports, both within and outside Sweden, are normally carried out by an externally contracted operator (“Carrier”) and in accordance with the Carrier’s applicable rules. The decision on the Carrier may be made only after full payment. The Customer is also invoiced for specific transport costs in accordance with the Carrier’s current price list specified on the Website.
6.6. In case of any complaints or claims related to transportation, the Customer should contact the Carrier directly. KONKURSTORGET is, under no circumstances, responsible for such transportation, damages, or delays related to transportation, or any other circumstances on the Carrier’s part. The Customer will also be invoiced for specific transportation costs in accordance with the Carrier’s prevailing price list as stated on the Website. In cases where KONKURSTORGET, on an individual basis, agrees to pack and send purchased Auction Items, this is done on behalf of the Customer and at the Customer’s risk. KONKURSTORGET is not responsible for damages to purchased Auction Items that occur during such transportation or for lost shipments.
6.7. Ownership of the Auction Item transfers from KONKURSTORGET to the Customer as soon as the Customer has fully paid for the Auction Item.
7. Responsibility for defects
7.1. A description of the Auction Item and its condition is provided in the Item Description. For defects in the Auction Item, consisting of the Auction Item not meeting agreed-upon characteristics or being in worse condition than the Customer could reasonably expect, KONKURSTORGET is responsible according to the rules below.
7.2. KONKURSTORGET is not responsible for defects that arise after the purchase. KONKURSTORGET is also not responsible for:
(a) defects, deficiencies, or damages stated in the auction list or Item Description;
(b) defects that, considering the nature, price, or age of the Auction Item, the Customer could have expected; or
(c) defects that the Customer is aware of or should have been aware of, for example, those the Customer should have noticed by carefully reading the Item Description and studying the pictures attached to the Auction Item, or those the Customer noticed or should have noticed during their examination of the Auction Item under point 3 or point 6.3 above.
7.3. KONKURSTORGET is not responsible for defects arising from the Auction Item deviating from what can objectively be expected of a used item if, at the time of purchase, KONKURSTORGET has informed the Customer about the defect, and the Customer has expressly and separately approved the defect. This means, for example, that used items should not be considered defective if the defect is due to normal wear and tear.
7.4. Furthermore, KONKURSTORGET is not liable for defects if the Auction Item is sold as “repair object,” even if the Auction Item has more extensive or different defects than those specified. KONKURSTORGET is not responsible for ensuring that descriptions of the Auction Item in the auction list or Item Description are exhaustive regarding damages, deficiencies, or defects.
7.5. If the Auction Item cannot be delivered after the auction is concluded, KONKURSTORGET will refund the amount paid by the Customer for the Auction Item and also compensate the Customer for the expenses associated with traveling to the pickup location in accordance with the prevailing compensation levels as indicated on the Website.
7.6. KONKURSTORGET is not liable for defects in Auction Items sold on behalf of the Enforcement Authority, bankrupt estate, or on behalf of collection or leasing companies. The Customer waives the right to assert any consequences due to defects in such Auction Items.
8. Complaints
8.1. The Customer may not assert that the Auction Item is defective unless the Customer notifies KONKURSTORGET of the defect (complaint) within the timeframes specified below.
8.2. The Customer has an obligation to inspect the Auction Item in accordance with points 4 and 6.3 above. Defects noticed or that should have been noticed when the Customer inspected the Auction Item on these occasions must be reported immediately. Otherwise, KONKURSTORGET is only responsible for defects that the Customer notifies in writing within fifteen (15) days from the Customer’s pickup of the Auction Item.
8.3. Auction Items sold on behalf of the Enforcement Authority, bankruptcy estate, or on behalf of a debt collection agency or leasing company cannot be subject to complaints.
8.4. Complaints must be made as specified on the Website. A written notice of a complaint should include the object number and invoice number, the Auction Item to which the complaint relates, and a description of how the defect manifests. To avoid misunderstandings, an incorrectly stated bid is not grounds for a complaint. KONKURSTORGET reserves the right to reject a complaint if it turns out that the item is not defective.
8.5. In the event of a defect in an Auction Item, KONKURSTORGET has the right to, at its own discretion, compensate the Customer by
(a) first correcting the defect,
(b) secondly, providing reasonable compensation to the Customer in the form of a price reduction, or
(c) thirdly, replacing the Customer with a replacement item.
8.6. KONKURSTORGET is not responsible for repairs carried out by the Customer unless approved in advance by KONKURSTORGET.
8.7. If rectification under point 8.5 does not occur within a reasonable time from the presentation of a complaint regarding defects for which KONKURSTORGET is responsible, however, no later than thirty (30) days, the Customer has the right to cancel the purchase and, upon returning the Auction Item, receive the amount the Customer paid to KONKURSTORGET at the time of purchase. The Customer is not entitled to any further compensation.
8.8. If the Customer has complained and there is no defect for which KONKURSTORGET is responsible, KONKURSTORGET is entitled to compensation for its costs.
8.9. The consequences arising from this point 9 are exclusive, and they are the only consequences the Customer is entitled to in the case of a complaint.
9. Limitation of liability
9.1. KONKURSTORGET has no liability for defects beyond what is prescribed above. KONKURSTORGET is also not liable for any legal defects. KONKURSTORGET’s total liability for each Auction Item is, under all circumstances, limited to the value of the specific Auction Item. KONKURSTORGET is not responsible in any case for indirect losses.
9.2. To avoid misunderstandings, KONKURSTORGET is not liable in any case for any damage or loss suffered by the Customer due to the Auction Item not being available for pick-up on the day and at the place of pick-up, such as in the case of theft or when the Auction Item is no longer available for KONKURSTORGET to sell due to reasons associated with the seller of the Auction Item. KONKURSTORGET’s sole responsibility in such situations is limited to refunding the amount that the Customer may have already paid to KONKURSTORGET for the Auction Item.
10. Special conditions upon sale of goods seized in execution
10.1. KONKURSTORGET also offers the sale of seized assets on behalf of the Enforcement Authority on the Website. Specific conditions apply to the sale of these Auction Items as follows.
10.2. The Auction Items are sold at an executive auction/sale on behalf of the Enforcement Authority. The Enforcement Authority has the right to cancel the sale or to withdraw specific Auction Items from sale with short notice. The Auction Items are sold in the condition they are in at the time of sale. No complaints are considered.
10.3. KONKURSTORGET does not conduct a comprehensive test of seized property, and the Object Description on the Website is only general. The Customer must personally ensure the condition of the Auction Item during the viewing and check the Object Description. Auction Items cannot be rejected upon pickup, and the Customer is bound by their winning bid regardless of the condition of the Auction Item.
11. Amendment of the Terms
11.1. KONKURSTORGET has the right to change these Terms by notifying the Customer or by introducing the amended Terms on the Website. Changes to the Terms become effective when the Customer has accepted the Terms (during a new visit to the Website where acceptance occurs electronically) or alternatively, thirty (30) days after KONKURSTORGET has informed the Customer of the changes. KONKURSTORGET recommends that the Customer regularly checks the Website to stay informed about any changes to the Terms.
12. Force Majeure
12.1. If KONKURSTORGET’s performance of its obligations under the Terms is substantially hindered or prevented due to circumstances beyond KONKURSTORGET’s control, such as, for example, a general labor dispute, war, fire, lightning strike, pandemic, terrorist attack, theft, changes in government regulations, government intervention, or the superior right of a third party, or any other reason beyond KONKURSTORGET’s control, this shall constitute grounds for exemption, leading to exemption from damages and other consequences. If KONKURSTORGET’s performance of the Terms is prevented for a period longer than three (3) month due to grounds for exemption under this point 12, the Customer may cancel the purchase. If the Customer cancels the purchase because KONKURSTORGET has been unable to fulfill its obligations under the Terms, KONKURSTORGET will refund the amount the Customer paid for the Auction Item, deducting compensation for the service fee and other reasonable costs KONKURSTORGET incurred in its attempts to fulfill its obligations under these Terms.
13. Contact
13.1. For questions or complaints, the Customer can contact KONKURSTORGET via info@Konkurstorget.se, +46 (0)31–788 33 40, or through the KONKURSTORGET chat function on the Website.
14. Governing law and disputes
14.1. Disputes regarding the interpretation or application of these Terms and the Website in general shall be interpreted in accordance with Swedish law and, in the first instance, be resolved through negotiations between the parties. In the event the parties do not reach an agreement, the dispute shall be settled by Swedish courts.