1.Terms of use
l. These general terms and conditions for purchases via online auctions ("Terms") apply when Users buy and sell goods ("Items" and "Objects") via www.atsauktion.se and related pages (the "Website").
ATS SWEDEN AB, org. no: 559211–6916 (the "Company") owns the rights to the Website and enables Users of the Website to buy and sell Items and Objects via the Website.
ll. In these Terms means:
"Users" consumers and/or traders who create a user profile on the Website.
"Bidders" those who bid on Items or Objects.
"Purchasers" the Users who purchase Items or Objects.
"Seller" the User who advertises/sells Items or Objects
"Users" refers to Bidders, Buyers and Sellers together.
"Banking day" refers to a day which in Sweden is not a Saturday or Sunday or another public holiday or which the payment of promissory notes, is not equated with a public holiday.
lll. The terms regulate rights and obligations between the Company and the Users.
The conditions also govern the agreement regarding the sale of Items and Objects between Seller and Buyer ("Purchase Agreement").
The terms of the Purchase Agreement may be changed between Buyer and Seller, including in each individual auction advertisement for the sale of Items or Objects on the Website or in written communication between Buyer and Seller.
lV. The Users and the Company are bound by the Terms, which are always available in their latest version on the Website, when Users buy, bid or sell Items and/or Objects via the Website.
2. Registration on the Website
l. User Registration: In order to create auction ads, bid, buy or sell on the Website, the User must register on the Website. Registration is free of charge. For a consumer who wishes to register as a User, such consumer must be at least 18 years old. Upon registration, the User must provide information such as user type (business account or private person), username (email address), password, date of birth or organization number and mobile number. The user must authenticate with BankID or another valid identity document.
Other necessary information and/or verifications must be provided to the Company upon request. Information that is necessary to implement the Purchase Agreement must also be provided to the Company. Users outside Norway and Sweden are approved via biometric passport.
A private person who registers a business account hereby guarantees that he has all the authorizations and powers required to bind the company the private person represents for the auctions that take place via the registered business account.
ll. My page: When the registration is complete, the User receives a separate user account ("My page") on the Website and a confirmation by e-mail from the Company. The User can then view full prices, post auction ads, bid, buy and sell on the Website. Sellers must also enter into an agreement regarding auction sales with the Company before auction advertisements can be published on the Website.
lll. It is the User's responsibility to ensure that all information on My page is always up-to-date and correct. The company is not responsible for errors and/or deficiencies in information provided by the User.
lV. The user must keep the username and password for My page in a secure manner and use passwords that others do not know or can find out. If username and password are not stored securely or My page is misused in any way, the User is responsible for any losses that other users and possibly the Company suffer. The company is not responsible for incorrect use of My page.
V. Users may not copy and/or use information and/or data from the Website or auction advertisements for purposes other than those expressly permitted in the Terms, without the Company's express consent. This applies to both commercial and private use.
Vl. The seller is responsible for having full and unrestricted ownership of the Items and Objects it puts up for sale on the Website.
Vll. Each User is responsible for fulfilling his own tax and fee obligations, including assessment and information on tax and value added tax for Items and Objects that he buys and/or sells. Each User is also responsible for the consequences of having incomplete or incorrect information about his or the Objects' and/or Objects' tax and VAT position and must indemnify the Company against any claims from other Users or third parties related to this.
Vlll. The Company may restrict Users' access to and use of the Website or close My page for Users who act in violation of the Terms. This also applies when a Buyer does not pay the total amount on time or exhibits behavior that, according to the Company, is not acceptable.
lX. The company may at any time make changes to the Website (for example to design and search technology) without the need for consent from or prior notice to the Users.
3. Sale
l. Each individual Item and Object must have its own separate auction unless otherwise agreed with the Company.
ll. Users who want to sell an Item or Object can themselves create an auction ad via My Page. It is important that the User describes the Item or Object carefully and complies with his obligations as a Seller (see also point 4). The company recommends that clear and descriptive images of the Item or Object are included in the auction advertisement, as well as an accurate and descriptive text. Sellers may only use their own photos of the Item or Object. The company will review the auction advertisement and approve it if the conditions are met. In the event of an incomplete auction ad, the Company will contact the Seller to provide guidance on creating a complete auction ad. Auction ads will not be approved until all conditions have been met (see also point 3.4).
lll. The company puts an item up for sale after agreement with the Seller. The company may in some cases, in consultation with the Seller, create an auction advertisement based on information received from the Seller.
lV. The company itself can propose changes or make minor changes (for example correcting typos or changing the order of images) in the auction advertisement the Seller has created. If the Company considers that major changes must be made to the auction advertisement before it is published, the Seller will be notified of this. The seller must then add more information to the auction advertisement or approve the changes proposed by the Company in order for the auction advertisement to be published. If the Seller does not respond to the request from the Company, the Company will publish the auction advertisement with the Company's changes without requiring approval from the Seller. The company can also choose not to publish the auction advertisement if all information has not been provided or if the conditions for the auction advertisement are not met (see also section 3.5).
V. Only Items and Objects that are legally allowed to be sold in Sweden can be sold via the Website. It is the Seller's responsibility to ensure that only such marketing of the Item or Object as is permitted by law is carried out. The company can refuse auction ads before publication if there are factual reasons. Factual reasons include, but are not limited to, the auction advertisement, in the Company's opinion, being incomplete, inappropriate, or having an unrealistic price (as defined in clause 6.3). This may also apply if there is suspicion of irregularities (for example suspicion that the Seller does not have the right to sell the Item or Object), or if the Item or Object does not correspond to the Items and Objects that the Company wishes to convey via the Website.
Vl. The seller is responsible for all content in the auction advertisement. The seller must fulfill his obligation to provide information, as well as be responsible for ensuring that the description of the Item and the Object as well as the auction advertisement are consistent with the condition of the Item and the Object, applicable laws and the Terms and Conditions. The company reserves the right, and assumes no responsibility, that auction advertisements may contain errors.
Vll. After the auction advertisement has been published on the Website and until both the bidding period (as defined in clause 6.4) and all bids received have expired ("Binding Period"), the Seller may only offer the Item or Object in question for sale through the auction advertisement on the Website. The item or object may not be offered for sale via other sales channels. If the Item or Object is sold outside the Website during the Binding Period, the Seller must pay its own fee to the Company and the Buyer's auction fee, which is calculated based on the minimum price (the Seller's fee and the Buyer's auction fee are defined in clauses 7.1 and 7.4).
Vlll. The company may use all content of the auction advertisement for its own purposes, such as communication, marketing, statistics, and development of current and future services. The company can also distribute all or parts of the auction advertisement freely in other channels, including external websites. Regarding processing of personal data, see point 16.
lX. Completed auctions will be displayed on the Website for three to five (3-5) days after the end of the auction. The Company will typically store the auction listing information for as long as necessary after an auction has ended. Please also note that external websites and search engines may have stored data from the auction advertisement (including search agents), and that this is beyond the Company's control. Regarding processing of personal data, see point 16.
4. Sale of Items and Objects "as is". Information and investigation duty.
l. Items and objects are sold as is. In the auction advertisement, the Seller must provide information about what the Seller knows about the Object and/or Object or its use and what the Buyer has reason to expect. The seller must also fulfill his obligation to provide information according to the Swedish Purchase Act/Consumer Purchase Act. This includes but is not limited to the Item or the Item's properties, functionality, quantity, and associated accessories. If nothing else is stated in the auction advertisement, everything that naturally belongs to the Item or Object is included in the sale.
ll. Some of the Items and Objects sold on the Website are sold by bankruptcy estates, estates or others who have limited knowledge of the Item or Object. When such a sale takes place, the Buyer can expect that no thorough examination of the Item or Object has been carried out by the Seller. Even in other cases where the Seller legally sells Items and Objects on behalf of another, the Buyer must assume that the Seller has limited knowledge of the Item or Object, unless otherwise stated.
In such cases, the Item or Object is sold in its existing condition. The Seller and/or the Company are therefore not responsible for obvious or hidden errors and defects in the Item or Object, including errors or defects related to quality, quantity, completeness, usability or the like.
In such cases, apart from cases where Swedish law requires otherwise, the Buyer waives the right to make compensation claims related to the sale and the Purchase Agreement, as well as the right to demand repayment of all or part of the purchase price, whether through cancellation or price reduction. This means, among other things, that the Buyer cannot claim compensation for direct or indirect losses, other consequences, or losses, or claims for compensation for loss of data, income, profit, revenue or otherwise, regardless of the cause and time of the damage or loss, regardless of whether is due to negligence, breach of contract or otherwise.
lll. All Items and/or Objects are sold as is and the Seller therefore expects the Buyer to examine the Item or Object at the location where the Item or Object is located before the Buyer makes a binding offer. The Company acts as a sales channel for the Seller and cannot be expected to have in-depth knowledge of the Items or Objects.
lV. In addition to the final price of the Item or Object, which is determined through the auction, a User should contact the Seller with any questions about the Item or Object well in advance of bidding. Contact information for the Seller can be provided through the Company and/or via the auction advertisement.
5. Mortgages, approvals/permits, the Object, or the Object's other properties
l. As a rule, all Items and Objects must be sold without registered mortgages or other legal encumbrances, unless the Seller specifies otherwise.
ll. Items and Objects sold by bankruptcy estates and other Sellers mentioned in clause 4.2 shall not be pledged but may be attached to any unregistered obligations or other limited rights that the Seller may have in the Item or Object. Unless otherwise stated, said Seller has no information that anyone other than the Seller has unregistered obligations or other restrictive rights to the Item or Object. Any taxes and fees for the Item or Object are the Buyer's responsibility and are added in addition to the total amount (as defined in clause 8.2) in case of sale from the Seller.
lll. If there are registered liens on the Item or the Object and the Seller must arrange for their removal, the Buyer must be aware that in some cases their removal cannot take place before the Item or the Object has been sold, for example to avoid registered liens being added in the meantime The item or object is for sale. Any removal of liens usually takes from 1-4 weeks and will be carried out by the Seller (or by the Company on behalf of the Seller, as agreed). For questions regarding this, please send an e-mail to info@atsauktion.se.
lV. The Buyer is responsible for any EU approval and/or annual inspection of motor vehicles or other necessary permits to take over or use the Items and/or Objects, unless otherwise specified by the Seller.
V. If the Item or object is or contains computers and/or other storage media, the Item or object must be delivered with an erased hard drive and without an operating system. If the Buyer nevertheless finds data that has not been deleted, he must immediately delete this data. The buyer may not use this information in any way. The company is not responsible for data being deleted or for discovering that data has been deleted.
6. Auction terms
l. The Seller may not himself bid on Items and Objects that the Seller offers or commission others to bid on such Items and Objects. Non-competitive collaborations between companies according to the Competition Act are also not permitted. False bidding, attempted fraud, falsification of documents and other criminal activity will be reported to the police.
ll. When the Seller creates an auction ad, all auction ads start at SEK 1.
lll. When the Seller creates an auction advertisement, the Seller must state the lowest amount the Seller is willing to sell the Item or Object for, excluding VAT, "Lowest Accepted Price". The seller undertakes to sell at the Reservation Price. The reservation price is "The seller's lowest accepted price plus auction fee, excluding VAT". The seller may also choose to accept bids below the Reservation Price. The reserve price will not appear in the published auction ad until the amount has been reached. Bids are binding even if the Reservation Price has not been reached and the sale can be carried out, if the Seller accepts the bid, after mediation via the Company between the Seller and the Buyer.
lV. In each auction advertisement, a bidding period with a start and end time has been set. If a bid is registered during the last minutes of the bidding period, the bidding period is automatically extended by a certain number of minutes from the last bid received. The number of added minutes is specified during each individual auction. Only bids submitted during the bidding period are registered.
V. In case of technical problems, the Company can unilaterally extend the bidding period. The seller and bidders will be notified by email in the event of such an extension.
Vl. All auctions have a predefined minimum bid increase. A new bid must always be at least equal to the highest existing bid, plus the minimum bid increase allowed, to be registered.
Vll. An offer becomes binding when it is registered on the Website or otherwise received by the Company. This applies regardless of whether the bid has been placed by the User on My Page or another person (see also section 2.4 on the obligation to securely store usernames and passwords). A registered bid cannot be deleted by the bidder.
Except for the final price of the Item or Object, which is determined through the auction, the Purchase Agreement is deemed to have been negotiated and entered when the Buyer accepts the Item or Object in its existing condition at the location where the Item or Object is located.
Vlll. Each bid is binding from the time it is placed and lasts for three (3) Banking Days after the bidding period has expired, or until an earlier time if:
a. A new and higher bid is made, or
b.The current auction will be canceled (see clause 13).
The Bidder who has placed the highest bid when the bidding period expires will be notified by the Company on behalf of the Seller if the bid is accepted (see clause 6.11 on acceptance of bids). If notification that the bid has been accepted has not been communicated to the Bidder at the end of the acceptance period, the bid is no longer binding.
lX. Autobid feature: Users can use the autobid feature on the Website. The auto-bid feature allows Users to enter the highest amount they want to bid on an Item or Object. Auto bids must be at least as high as the current highest bid plus the lowest bid increase allowed. By using the auto-bid feature, the system will automatically bid on the User's behalf, with the lowest allowable bid increase, until the User's specified maximum auto-bid is reached. If the User's automatic bid is not higher than the current highest bid plus the minimum bid increase allowed, no bid will be placed on the User's behalf. Maximum auto bid can be changed by updating the desired amount in the auto bid field on the auction ad. Auto bids that have already been registered cannot be deleted by the Bidder. The User's current auto bid will be displayed on the Website.
X. The company itself chooses the size of the bid increase depending on the Item or Object being sold, unless otherwise agreed with the Seller.
Xl. Acceptance of a Bid will be carried out by the Company (on behalf of the Seller) and notified to the relevant Bidder at the end of the acceptance period. Acceptance usually takes place via e-mail or by sending the contract document (see point 6.13) for signature.
Xll. Binding Purchase Agreement: A binding Purchase Agreement is entered into between the Seller and the Buyer when the Company (on behalf of the Seller) accepts the offer from the Bidder (see section 6.11)
It is the Seller who is responsible for the correct Reservation Price being stated in the auction advertisement.
Xlll. The contract document is an easily accessible documentation of the Purchase Agreement that the Company (on behalf of the Seller) sends to the Buyer for signature (the "Contract Document"). The purchase agreement including the auction advertisement and conditions will be included in the Contract Document. Terms and conditions agreed between the Buyer and the Seller (including information about the Item or Object) are included in the Purchase Agreement, even if they are not included in the Contract Document. The purpose of the Contract Document is to provide the parties with a simple documentation of the purchase, but the binding agreement has already been entered into according to clause 6.12, regardless of the signing of the Contract Document.
XlV. Signing of Contract Document: The company provides a Purchase Contract for Seller and Buyer. The Company sends this document as an attachment via email to the Buyer together with the invoice. The Buyer must sign this together with the Seller as soon as possible and in connection with taking over the Item or Object. The company may request a copy of the Purchase Contract from the Buyer or Seller. Even if the signed Contract Document has not been received from the Buyer, if the total amount (as defined in clause 8.2) has been paid, the Company may issue the delivery note (as defined in clause 10.1) and complete the transaction in accordance with the terms. If the Buyer does not sign the Contract Document, the Seller may refuse to hand over the Item or Object at the Buyer's expense, even if the total amount has been paid. The Company has no obligation to remind the Buyer to sign the Contract Document.
XV. At the same time as the Company sends the Contract Document to the Buyer, the Company shall send the payment information for the Buyer's payment of the total sum (as defined in clause 8.2) to the Company's customer account. The company cannot use the amount until there is evidence for payment according to clause 11.4, repayment according to clause 11.7 or partial payment/repayment according to clause 11.8.
XVl. All submitted bids are registered by the Company in a bid log that contains all bids and the Bidder's identification. The company may share the bid log with the Seller, the Buyer, or other Bidders. At the same time as the proof of delivery is sent to the Buyer (see point 10), the Company can also send the bid log for the current auction to the Buyer. All Bidders are pseudonymized in accordance with the GDPR.
7. Compensation to the Company
l. For the Seller's use of the Company's services, the Seller must pay a fee to the Company ("Seller's Fee") when a Purchase Agreement is entered into (see clause 6.12). The size of the Seller's fee is shown in the current price list published on the Website, unless otherwise specifically agreed in writing between the Seller and the Company.
ll. The Seller's fee must be deducted from the purchase price by the Company before the remaining amount is paid to the Seller.
lll. In addition to what appears in point 7.1, the Seller must pay the Seller's fee to the Company if a binding offer has been submitted that exceeds the Reservation Price, but a Purchase Agreement is still not entered into due to the Seller's actions or inaction. The Seller must pay both the Seller's fee and the Buyer's auction fee to the Company in the cases described in clause 3.7 and clause 11.9.
lV. For the Buyer's use of the Company's services, the Buyer must pay an auction fee to the Company ("Buyer's Auction Fee"). The size of the Buyer's auction fee is shown in the current price list published on the Website. The buyer's auction fee must be paid in addition to the purchase price for the Item or Object.
V. The buyer's auction fee is due for payment to the Company's customer account at the same time as the purchase price (see point 9.2). The buyer's auction fee is not released from the Company's customer account until there is evidence for payment according to clause 11.4, repayment according to clause 11.7 or partial payment/refund according to clause 11.8.
Vl. For payments to the Company in the event of the Buyer's default, see clause 14.2 and clause 14.4.
8. Purchase price and total amount.
l. The total bid amount is the purchase price stated by the Buyer including fees, excluding VAT. The Buyer will see the total bid amount before the Buyer confirms the bid on the Website. Please note that the bid amount is shown excluding VAT on the Website, unless otherwise stated.
ll. The total amount is the total amount that the Buyer must pay to the Company. This includes the purchase price and the Buyer's auction fee.
lll. If the Item or Object is to be sent to the Buyer, the Buyer must pay the shipping in addition to the total amount, unless otherwise agreed.
9. Payment of the total amount
l. When the auction has ended and the Buyer has won a bid, the Buyer receives an invoice from the Company. There will be payment information and instructions for paying the total amount into the Company's customer account.
ll. The total amount must be paid within three (3) Banking Days after the Buyer receives the payment information from the Company.
lll. The Company shall send a reminder to the Buyer if payment is not received within three (3) Bank Days. If the Buyer does not pay despite a reminder, the Company can send another reminder. If payment is not made within seven (7) banking days after the end of the auction, the Company has the right to demand that the purchase be completed. In such a case, the company also has the right to cancel the purchase in the event of non-payment and receive compensation for any damage or loss.
lV. The Buyer cannot use the purchase price to cover any claims it has against the Seller.
10. Payment confirmation and delivery of the Item and Object from the Seller to the Buyer
l. Payment confirmation: The Company issues a payment confirmation when the total amount has been received in the Company's customer account. Delivery of the Item and/or Object can only take place after payment confirmation has been issued.
ll. As a rule, the Buyer must arrange for collection of the Item or Object himself. If it is necessary to send the Item or Object, the Buyer and the Seller must agree on the method of delivery.
lll. If the Buyer collects the Item or the Object himself, it must be done at the location specified in the auction advertisement, unless the Buyer and the Seller have agreed on another location.
lV. If the Item or Object is to be sent, generally, it must be sent as cash on delivery with a tracking number to the address that the Buyer has specified, unless the Buyer and the Seller have agreed otherwise. The seller must ensure that the Item or Object is packaged and transported in such a way that the risk of shipping damage is minimized.
V. The Buyer must pick up the Item or Object or arrange for delivery no later than five (5) Bank Days after payment confirmation has been issued unless the Buyer and the Seller have agreed on another delivery time.
Vl. Responsibility for the Item or Object passes to the Buyer as soon as the Buyer has picked up the Item or Object. If the Item or Object is sent, responsibility is transferred to the Buyer when the Item or Object is handed over to the carrier.
Vll. The Seller and Buyer are obliged to sign the documentation required for a change of ownership to take place and provide the required documentation in connection with the purchase.
11. Confirmation of receipt, payment, and refund
l. Acknowledgment of Receipt: When the Buyer receives the goods in the agreed condition, the Buyer must sign a proof of delivery as ("Acknowledgment of Receipt"). Both the Buyer and the Seller can send this confirmation to the Company.
ll. Payout: When certain conditions are met ("Payout Basis"), the Company will perform the following actions ("Payout"):
a. Pay the Seller the purchase price, after the Company's fee has been deducted.
b. Pay any additional costs to be paid through the Company, unless otherwise agreed. For example, shipping costs.
lll. Payment or refund does not affect the Seller's and Buyer's agreement or contractual rights. The buyer still has the right to cancel the purchase or claim a fault in the item regardless of payment.
lV. Obligations to pay arise in the following cases:
- The buyer has sent a Receipt Confirmation to the Company.
- The Company has contacted the Buyer (as stated in clause 11.5) regarding the non-appearance of Receipt Confirmation, and the Buyer has not objected to the payment within a specified time limit.
- The Seller and the Buyer have documentation showing that you agree that the purchase price must be paid to the Seller.
- The Seller and the Buyer have a legally binding agreement ordering payment of the purchase price to the Seller.
- The Buyer asks the Company to pay the purchase price to the Seller.
- The Seller can prove that the Buyer has received the Item or Object in accordance with the agreement, and the Seller asks the Company to pay the purchase price to the Seller.
- At least six (6) months have passed since the agreement was concluded, the Buyer has not reported a dispute to the Company and the Seller asks the Company to pay the purchase price to the Seller.
V. Reminder to the Buyer in case of non-delivery of Receipt Confirmation: If the Buyer has not sent a Receipt Confirmation to the Company no later than five (5) Banking Days after the proof of delivery was issued, the Company will take the following measures:
Contact the Seller to ensure that the goods have been delivered to the Buyer if the Company has not delivered the Item or Object.
If the Seller confirms the delivery (or if the Company has delivered the Item or Object) the Company shall inform the Buyer that the payment will take place, unless the Buyer notifies the Company otherwise within five (5) Banking Days after the Company has contacted the Buyer via e-mail.
Vl. If the Buyer requests that the payment should not be made: If the Buyer sends an e-mail to the Company before the payment and requests that it should not be made (in whole or in part), the Company will not make the payment until there is a basis for payment or a reason for repayment.
Vll. If the payment has already been made, the Company shall refund the entire total amount to you if:
- The Seller and the Buyer have documentation showing that they agree that repayment should take place.
- The Seller and the Buyer have a legally binding agreement ordering repayment.
- The seller gives instructions to the Company to repay (for example in cases where the agreement is cancelled).
- The Buyer can prove that the Seller has no claim to the purchase price and the Buyer gives instructions to the Company regarding repayment.
Vlll. The same rules regarding payment, basis of payment and repayment apply if only parts of the purchase price are to be paid to the Seller and parts are to be paid back to the Buyer (for example in case of price reduction). Any fees to the Company and the auction fee are not calculated from the entire purchase price, even if only parts are to be paid or refunded. Buyer and Seller must agree on and handle any distribution of these fees directly.
lX. If it becomes necessary to refund the entire total amount to the Buyer due to the Seller's default, the Seller shall pay the Buyer's auction fee to the Company, in addition to the Seller's fee. These fees must be paid at the same time the total amount is refunded to the Buyer or deducted from the refund amount.
X. The Buyer and the Seller understand that the Company must decide on payment/refund based on the documentation and communication provided by the Seller and the Buyer. The company is not responsible for confirming the authenticity of documents or signatures. If the Company has reason to believe that a document is false, it may delay the payment/repayment. The Seller and the Buyer must also notify the Company in time, otherwise the incorrect payment/refund cannot be returned to the Seller and/or the Buyer.
12. Authorization from the Seller for the auction
l. The Seller authorizes the Company to represent the Seller in the auction. This includes displaying the Item or Object on behalf of the Seller, handling bids, and signing the Contract Document. The company represents the Seller in the sales process.
13. Cancellation of auctions
l. The seller cannot cancel a published auction himself.
ll. The company can cancel the auction if it is deemed necessary due to changes in the auction advertisement, errors and/or technical problems. The auction can also be canceled if there is suspicion of manipulation during the bidding or violation of these Terms.
lll. The Company will inform the Seller and the bidders of the cancellation.
lV. No one can claim compensation from the Company in case of cancellation of an auction.
14. Negligence on the part of the Buyer
l. If the Buyer does not pay on time, the Buyer must pay late payment interest according to the applicable law. This applies from the day after the due date (see point 9.2) until the Buyer pays.
ll. If the Item or Object is still with the Company or the Seller and is not picked up within the delivery time, the Company may require warehouse rent from the Buyer to store the Item or Object. The storage rent is at least SEK 350 per day for vehicles and at least SEK 100 per day for other Items or Objects, depending on the size of the Item or Object.
If the Buyer does not pick up the Item or Object within fourteen (14) Bank Days after the end of the delivery time, it constitutes a material breach of the Purchase Agreement, and the Seller may choose to cancel the Purchase Agreement. The same applies if the warehouse rental costs are higher than the purchase price.
lll. If the Buyer violates the Purchase Agreement, the Seller may, in addition to the rights mentioned in the Terms and Conditions, use other rights that the Seller has by law.
If the Purchase Agreement is terminated and the Item or Object is resold at a lower price, the Buyer must reimburse the Seller for the financial loss including any difference.
The seller must keep the Company informed of termination or maintenance of the Purchase Agreement.
lV. If the Seller terminates the Purchase Agreement due to the Buyer's breach of contract, the Buyer must pay a standardized penalty to the Company. The payment of the termination fee. The payment of the termination fee does not affect the relationship between the Buyer and the Seller or their rights in the Purchase Agreement. The penalty is 10% of the purchase price, but at least SEK 5,000 and at most SEK 50,000.
Users who are required to pay a termination fee will be blocked from the Site until they have paid. In addition, the Company applies rights as described in section 2.8.
15. Defective Item or Object
l. Complaints are handled between the Buyer and the Seller and which is regulated by the purchase agreement and the law (Purchase Act/Consumer Purchase Act). The Company is not involved in complaints, but the Buyer has the right to report a complaint to the Company (see also section 11.6). If the Company is notified of a complaint before a payment has been made (see clause 11.2), the Company must withhold the total amount until there is a basis for payment (see clause 11.4), repayment (see clause 11.7) or partial payment/refund (see clause 11.8).
It must be clarified that the Company only acts as an intermediary and is not jointly and severally liable with the Seller. In consumer relations, this means that the Company does not share responsibility for errors according to the Consumer Purchase Act.
16. Processing of personal data
l. In connection with the Users using the Company's services on the Website, the Company processes certain personal data about the Users. For more information about how the Company processes personal data, please refer to the Company's privacy policy which is available on the Website or via the following link https://atsauktion.se/integritetspolicy.
17. Limitation of liability
l. This point (point 17) is about the Company's role as a service provider according to the Terms and not the Company's possible responsibility as a seller in the exceptional cases where the Company itself is a seller (see point 2.2).
ll. The Company's services include only what is available on the Website at the moment Users use it ("as is"). The company is not responsible for computer errors, downtime, technical problems, loss of data or other technical problems on the Website.
lll. In addition to the limitations of liability already contained in the Terms and Conditions, it is important to note the following:
The company is not part of the actual purchase agreement between the Buyer and the Seller. The company is not responsible for violations of the purchase agreement on the part of the Seller or the Buyer, or losses that may arise as a result of the content of or the implementation of the purchase agreement (including auction advertisements). Unless otherwise required by mandatory law, the Buyer waives all claims against The Company, its representatives and employees that may arise in connection with any sale through the Website, including (but not limited to) claims relating to product descriptions.
The Company is not responsible for any losses that the Users or others may suffer due to the use of the Company's services, auctions on the Website (for example, bids that are not accepted or registered, or transactions that are not completed), or other actions of the Company, unless this is due on gross negligence or intentional breach of the Company's express obligations according to the Terms. The company is also not responsible for incorrect decisions or misunderstandings of the law or the Purchase Agreement/Terms and Conditions that may lead to any dispute.
The Company shall not be liable for any indirect, consequential or loss, including loss of data, income, profit, turnover or other financial loss, regardless of how the damage or loss arises (whether due to negligence, breach of contract, business interruption or otherwise).
lV. In addition to other compensation requirements in the Terms and Conditions, Users must indemnify the Company for any costs or losses that the Company may incur as a result of the Company becoming involved in a dispute between Users or others, including disputes relating to claims for payment/reimbursement of the purchase price/the total amount according to clause 11.4 or 11.7 (see also clause 11.11).
V. The company acts as agent and/or representative on behalf of the Seller. When selling all Items and Objects where the Company acts as an agent and/or on behalf of the Seller, the Company has no responsibility for incorrect, incomplete information that has been provided.
18. Relationship to law and binding legislation
l. The Swedish Purchase Act/Consumer Purchase Act supplements the Purchase Agreement: In addition to the Terms and Conditions, the Purchase Act/Consumer Purchase Act (depending on which of the laws is applicable) also applies to the Buyer and the Seller, unless the Purchase Agreement (including the Terms) expressly regulates otherwise. The Purchase Act/Consumer Purchase Act shall contribute to interpreting and supplementing the Terms and Conditions, unless otherwise stated in the Terms and Conditions.
ll. Terms takes precedence over the Law: If a conflict arises between the Terms and the law, the Terms will take precedence over the law.
19. Choice of law, dispute resolution and complaints
l. The purchase agreement and the Terms and Conditions are subject to Swedish law. Disputes must be resolved in general court with Östersund district court as the first instance.
ll. Complaints system: The company follows decisions from the General Complaints Board. The General Complaints Board can be reached either via the website https://www.arn.se/ or address Box 173, 101 23 Stockholm. Users can also complain by the EU's online dispute resolution platform accessed via https://ec.europa.eu/consumers/odr/.