Terms and conditions for
KWICONS.COM auction
These terms and conditions are terms and conditions for online auctions and shall take effect as of 1st of November 2023. KWICONS may at any time change the terms and conditions. By placing a bid, the bidder or buyer agrees to be bound by the terms of purchase applicable at all times as stated on the homepage. The terms and conditions apply to both businesses and private bidders.
1st november 2023
BEFORE THE AUCTION
1 Registration as bidder
1.1 Before placing a bid on the internet auction hosted by KWICONS, the bidder must register with KWICONS.COM. In connection to the registration the bidder must register contact details and information on payment cards/credit-cards cf. paragraph 6.1. It remains the responsibility of the bidder to ensure that this information is always updated. In connection with the registration the bidder is provided with a customer number and a personal log-in.
2 Estimation of lots
2.1 All prices on lots are estimated by KWICONS. This estimate is an estimate of the expected hammer price cf. paragraph 6.3. The estimate is calculated by at least two experts. The hammer prices may come out higher or lower than the estimate. All lots are sold on “as is” basis by the start of the auction.
3 Lot description
3.1 Lots are presented with photos and descriptions on KWICONS.COM. The description is made to the best of our abilities by KWICONS and based on a careful investigation according to the opinion of our experts at the time of sale.
3.2 Due to age and nature the lots may be subject to wear, defects, damage, or repair.
In general lots are sold as used items, even if they have not previously been sold. The description of the lots represents KWICON’S reasonable opinion as to the lots’ general condition. The description only serves as identification and is intended as an aid for bidders who do not have the opportunity to inspect the item themselves at the viewing, cf. Paragraph 4.1.
Furthermore, all lots on the auction are to the best of our opinion rated on a 1-10 scale where (10 mint) indicates the best condition and (1 bad) indicates unusually bad condition. In general, we do not conduct sale of any items below the rating (5 Good) which indicates reasonable condition.
3.3 In certain cases KWICONS may choose to describe the provenance of a lot. This may be if the previous owner is known to the public and/or if the history behind the lot and its previous owner is of importance to the lot and its nature. However, KWICONS may also choose to omit such information from the description, e.g. to accommodate the seller’s wish for discretion.
4 Viewing
4.1 During the auction all lots can be viewed online at KWICONS.COM incl. link to video material.
DURING THE AUCTION
5 KWICON’S role
5.1 The sale of a lot is conducted by KWICONS on behalf of the seller. KWICONS always sells a lot at the highest possible price during bidding.
5.2 Often lots have an agreed minimum price/reserve. If the reserve is not met, the lot will not be sold. KWICONS reserves the right before or during an auction to interrupt it, as the result of Force Majeure or other possible event. It is the decision of KWICONS alone what may be considered reason to cancel the auction.
6.1 Before placing a bid at an auction conducted by KWICONS.COM, the bidder must register with information on payment card/credit card on the bidder’s personal profile at KWICONS.COM. After registration the bidder will be able to place bids by using customer number and personal log-in.
6.2 The auction is conducted in Euros. All bids are considered maximum bids. This implies that the bid indicates the maximum bid from the bidder. The system then automatically places the bid for the bidder and ensures a hammer price as advantageously as possible and never above the maximum bid. To avoid mistakes the bidder is asked to confirm the bid before it is registered. The bids will also be shown in DKK and USD, but only with approximately indicative prices.
6.3 The hammer price represents both lot closing and the price/bid to which the lot has been sold. Please consult paragraph 7 concerning buyer’s premium. In the event that a bid is placed less than three minutes before expected lot closing, the time for lot closing is postponed with another three minutes after the latest bid. The postponement shall continue until three minutes have passed without a bid.
6.4 Following these terms and conditions, the highest bid submitted when the online auction closes (lot closing) shall be the successful bid, thereby forming a binding contract of sale between the bidder and the seller.
6.5 If the bidder is bidding on behalf of a third party, the bidder is liable as self-debtor surety for the transaction.
6.6 If a bid is placed just before lot closing, there is a risk that the bid is not registered in time and will therefore not be taken into consideration. The bidder cannot make any claims against KWICONS as a result of this event, cf. paragraph 16.1.
6.7 KWICONS may refuse to accept an offer if sufficient security for payment is missing or if the bidder has previously defaulted on payment obligations when purchasing from KWICONS.
AFTER THE AUCTION
7 Charges added to the hammer price
7.1 Apart from the hammer price cf. paragraph 6.3, the buyer must pay a Buyer’s Premium for the lot and, if the conditions are met, also the further amounts as described below. The total amount payable to KWICONS is referred to as the “purchase price”.
7.1.1 Buyer’s Premium: To the hammer price is added a fee to KWICONS. For Online auctions this fee is 12,5 % of the hammer price.
7.1.2 Full VAT: Certain lots are subject to applicable legislation on VAT. In those cases VAT of both hammer price and fee will be charged. These lots are marked with the symbol ”*” or with the text. “This lot is subject to full VAT”.
7.1.3 Artist fee: According to Danish legislation on copyright an artist’s fee (subsidiary fee) must be collected for works from recent Danish and certain foreign artists who are either alive or have not been dead for more than 70 years. The artist’s fee is collected on behalf of VISDA. These works are marked with the text ”This lot is subject to artist’s fee”.
The artist’s fee is added to the entire hammer price + buyer’s premium (ex. VAT) when the amount is more than 300 Euros as indicated below:
|
HAMMER PRICE + BUYER’S PREMIUm (EX. VAT) |
Payment rate |
|
300.01 – 50,000 euro |
5% |
|
50,000.01 – 200.000 euro |
3% |
|
200,000.01 – 350,000 euro |
1% |
|
350,000.01 – 500,000 euro |
0.5% |
|
More than 500,000 euro |
0.25% |
The artist’s fee cannot exceed 12,500 Euros for the individual lot. The fee is payable in Danish kroner DKK and the exchange rate (EUR/DKK) is fixed by VISDA.
PLEASE NOTE: As of 09-04-2024 works by the artist Kurt Westergaard are exempt from artist’s fee!
7.1.4 Payment card/credit card fee: KWICONS reserves the right to charge fees imposed by the credit card issuers. The rates will appear when bidding at KWICONS.COM and by payment.
PLEASE NOTE: No credit card fee will be charged at the KWICONS.COM auction.
8 Payment
8.1 The full amount is payable by lot closing. The amount will automatically be withdrawn from the buyer’s payment card/credit card approximately 12 hours after lot closing. The buyer will receive an email containing invoice and information on collection and transportation.
8.2 Payment is possible with the following payment cards/credit cards: Dankort, Visa, MasterCard, Maestro, Diners Club and JCB.
8.3 It remains the responsibility of the bidder to update information on payment cards/credit cards, including information on expiry date and on blocking or disappearance of the card. The bidder may at any given time change or delete this information at KWICONS.COM.
9 VAT exemption, payment and deposit
9.1 Certain buyers may choose which type of VAT should apply for the purchase. KWICONS must be informed on their choice no later than two days after the auction and this cannot be reversed.
- VAT registered companies in Denmark may choose for the transaction to take place according to the rules on full, cf. paragraph 7.1.2.
- VAT registered companies in another EU country may be exempt from Danish VAT, when it can be documented that the item has been transported to the foreign address stated by the buyer to KWICONS and which is registered on the invoice. In such cases, VAT must be set according to the applicable rules of the country where the buyer is registered for VAT. It is advisable to seek further information at the local authorities. The buyer may refrain from making use of the possibility of VAT exemption and instead pay Danish VAT / full VAT.
- Buyers living outside of the EU may be exempt from Danish VAT when it can be documented that the item has been transported out of the EU. KWICONS issues the necessary export paper as far as possible and for a fee, which must be presented to the custom authorities. The buyer may refrain from making use of the possibility of VAT exemption and instead pay Danish VAT / full VAT
- PLEASE NOTE: There is no refundable VAT on items purchased on KWICONS.COM
9.2 VAT registered companies in another EU country and buyers living outside of the EU must deposit the Danish VAT of the invoice amount with KWICONS, until the export of the item has been carried out in the documented manner required by law. If the export is conducted by a freight company approved by KWICONS, the VAT will not have to be deposited. Please find the list of approved freight companies at KWICONS.COM.
10 Exceeding of the payment deadline.
10.1 If it is not possible for KWICONS to withdraw the full amount of the purchase from the buyer’s payment card/credit card after lot closing, cf. paragraph 8.1, KWICONS will inform the buyer about this and claim payment. Default interest is charged, calculated according to Danmarks Nationalbank’s official lending rate + 11% per year of the full amount.
10.2 If the full amount incl. rates has not been paid no later than 10 days after notice, KWICONS is entitled to cancel the purchase.
11 Collection and hand-over
11.1 Ownership of a purchased lot passes to the buyer when the full purchase price incl. fees and rates have been paid. Only then can delivery of the item take place.
11.2 When delivering a purchased item KWICONS reserves the right to demand satisfactory documentation that the person who wants the item delivered is either the buyer himself or is authorized by the buyer to have the item delivered.
11.3 An item must be collected no later than Thursday in the week following the lot closing and against presentation of receipt for payment. Should this be a bank holiday, collection must take place on the following weekday.
11.4 If collection is not carried out in time, the purchased item is transported for further storage at the buyer’s expense and risk. The transport is 400 DKK per item and the storage is 400 DKK per item per week. If an item has been uncollected for a year or for such a long time that the storage rent exceeds the purchase price incl. taxes etc., KWICONS is entitled, at the buyer’s expense and risk and without regard to the minimum price, to auction off the item or sell it to another party. The buyer remains liable for costs for transport and storage rent, which are not covered by such a sale.
11.5 In accordance with applicable money laundering legislation, the buyer must in certain cases provide identity information and present photo ID to KWICONS before the buyer can take possession of the purchased item.
12 Freight
12.1 If the buyer is prevented from collecting an item himself, KWICONS offers, at the buyer’s expense and risk, to pack and arrange freight/shipment with either mail service or a freight company. Please see paragraph 11.2 concerning identity information.
13 Cancellation rights. Private buyers only.
13.1 The buyer has the right to cancel the purchase without giving any reason. This cancellation right will expire 5 weekdays from the date of lot closing.
13.2 To exercise the right of cancellation the buyer must give KWICONS an unequivocal notice that the buyer wishes to cancel the purchase, e.g. by letter or e-mail.
13.3 The right of cancellation is only respected if the buyer sends the notice before the cancellation period of 5 days has expired.
13.4 If the buyer makes use of the right of cancellation, KWICONS shall refund the payment made by the buyer no later than 14 days from the date on which KWICONS has received the notification of the buyer’s decision to cancel the purchase. This does not apply to any shipping/freight costs. KWICONS completes the refund to the same payment card/credit card used by the buyer for the original transaction. The buyer is 100% responsible for any costs for credit card fees as a result of the refund..
13.5 The buyer must, if the item has been delivered, return the item to KWICONS in the same condition as at the time of the lot closing. If KWICONS considers, that the item is not in the same condition as when delivered, the right of cancellation is not respected. The item must be returned to where it was displayed.
13.6 The buyer must pay the expenses in connection with the return of the item. The buyer is liable for any deterioration in the value of the item due to incorrect handling, just as returns can be completely rejected if the item is deemed to be significantly damaged. KWICONS alone determines the degree of any damaged item.
14 Defects and imperfections
14.1 Danish Sale of Goods Act shall take effect. Below please find a non-exhaustive extract of buyer’s rights of defects.
14.2 The buyer is entitled to cancel a purchase if the description of the item in question has been tainted with significant errors that have led to a higher hammer price than a correct description would have resulted in. In such cases the full amount of the purchase price shall be refunded. The buyer cannot demand payment of interest on the purchase price or demand coverage of other expenses or losses.
14.3 A purchase cannot be cancelled or a buyer cannot demand the purchase amount refunded or raise any other claim against KWICONS if the description of the item is in accordance with paragraph 3 or if a detection of forgery would have required the use of scientific methods that were either not available at the time of sale, had been disproportionately expensive to use, or had led to damage of the item in question.
14.4 Claims for cancellation of a purchase must be notified to KWICONS, when the buyer has become aware of the circumstances that entitle the buyers to cancel the purchase, however no later than 5 days from the latest collection date according to paragraph 11.4. The purchased item must be returned to KWICONS in the same condition as at the time of lot closing. KWICONS alone determines whether the purchased item is in the same condition as it was delivered in. If the conditions are not met, the buyer loses the right to cancel the purchase and cannot demand a refund of the purchase amount.
The buyer is responsible for paying all costs associated with returning the item.
15 Limitation of liability and objection.
15.1 KWICONS reserves the right for errors, technical difficulties as well as external abuse or disturbing influence during the online auction. Bidders cannot raise any claims against KWICONS as a result of these.
15.2 The buyer is in all cases responsible for correct payment of the bid and any other taxes, fee etc. in accordance with Danish and International legislation.
15.3 Unless otherwise stated in these terms and conditions KWICONS can never be liable for the bidder’s/buyer’s operating loss, profit loss, other direct or indirect losses or consequential damages and costs.
16 GDPR and privacy policy
16.1 It is important for KWICONS to ensure confidentiality and security concerning bidder’s/buyer’s personal information. Our GDPR and privacy policy appears on KWICONS.COM. We pay particular attention to buyer and seller anonymity.
17 Complaint and dispute resolution
17.1 If the bidder/buyer has a complaint, KWICONS can always be contacted on e-mail: kwiconsauction@gmail.com
17.2 KWICONS.COM cannot be held financially or legally responsible for any spelling, punctuation, or wording errors as well as translation on and from the auction pages.
17.3 If it is not possible to find a solution, customers can send a complaint to Nævnenes Hus, Toldboden 2, 8800 Viborg, e-mail: nh@naevneneshus.dk. Consumers with address in another EU country than Denmark can send a complaint to the online complaint site of the EU Commission through the homepage: http://ec.europa.eu/odr.
17.4 Disputes must be brought in Denmark at Københavns Byret; however, cf. paragraph 17.2. in consumer relations the non-derogable local rules apply.