Conditions of Purchase – Direct Auctions

These conditions represent the conditions of purchase for Direct Auctions at Bruun Rasmussen Kunstauktioner A/S (BRK) and are valid from 16 November 2018. BRK may modify the conditions of purchase at any time. By bidding at a Direct Auction, the bidder/buyer accepts the current conditions of purchase, as they appear on bruun-rasmussen.dk. The conditions of purchase apply to both business owners and consumers.

 

Direct Auction allows registered customers to both purchase and sell items via BRK's platform Direct Auction. At a Direct Auction, the transaction takes place directly between the seller and the buyer within the framework set up by BRK. BRK is not a party to any agreement on the sale of a given item. BRK merely provides the platform for transactions between the seller and the buyer. BRK is therefore not responsible for the fulfilment of the agreement entered into by the seller and the buyer, except for what may be stipulated in these conditions. BRK does not itself offer items for sale via Direct Auction. BRK is not in possession of the items offered for sale and is not responsible for their condition or authenticity.

BEFORE THE AUCTION

1  Registration as Bidder

1.1 Before a bid can be submitted, the bidder has to register as a customer on bruun-rasmussen.dk. In connection with the registration, the bidder must provide contact information and debit/credit card information, see section 5.1. The bidder is required to make sure that this information is always up to date. In connection with the registration process, the bidder is given a customer number and a personal password.

2  Valuation of Items

2.1 All items up for auction have been valuated by BRK. The valuation is an estimate of the expected hammer price, see section 5.3. The valuation is based on previous experience and sales of the same type of item at BRK. The hammer price may therefore end up being higher or lower than the estimated price.

2.2 Items sold through Direct Auction are valuated by BRK on the basis of digital photographs and the information that the seller provides to BRK. Items that are intended to be sold through Direct Auction are therefore not physically valuated and have not been consigned to BRK for inspection, valuation or storage. BRK is therefore not responsible for the condition and authenticity of the items.

2.3 BRK is not responsible for valuations based on incorrect or misleading information and documentation received from the seller.

3  Description of Items

3.1 Items up for auction are presented with photographs and descriptions at bruun-rasmussen.dk. The description is worded according to the best of BRK’s knowledge and based on the information and the material provided by the seller and in accordance with the prevailing views among specialists at the time of sale.

3.2 The items up for auction are of an age and nature that often mean that they are in a worn, repaired or damaged condition. As a starting point, everything is sold as used items. 

3.3 In some cases, BRK may choose to describe an item’s provenance. Such a description is provided if a former owner is publicly known and/or if the story of previous ownership sheds further light on the item and its background. In other cases, such information is left out of the description for reasons such as meeting the seller’s wish for privacy.

3.4   It is not possible to inspect the items physically prior to the auction since BRK is not in possession of the items that are up for sale through Direct Auction. The description merely serves as an identification and is meant as an aid to the bidders.

DURING THE AUCTION

4  The Role of BRK

4.1 The sale of an item is facilitated by BRK on behalf of the seller, and BRK always sells items up for auction at the highest price offered during the bidding round. 

4.2 Items up for auction can have a reserve price that has been agreed upon with the seller. The price is made public on bruun-rasmussen.dk and is always the starting point for the bidding round. 

5  Bidding

5.1 Before a bid can be submitted, the bidder has to register a debit/credit card information via the personal page on bruun-rasmussen.dk. After the registration, the bidder will be able to submit bids by providing a customer number and personal password.

5.2 The currency used while the auction takes place is Danish kroner. All bids are submitted as maximum bids. This means that the bid indicates the maximum amount that the bidder intends to bid. The system will then automatically bid for the bidder and ensure as favourable a hammer price as possible and never bid above the maximum amount set by the bidder. To avoid errors, the bidder is asked to confirm the bid before it is registered.

5.3 The hammer price refers both to the end of the bidding round for an item and to the price (bidding amount) the item is sold for. See section 6 regarding fees added to the hammer price. If a bid is submitted within two minutes of the expected end of a bidding round, then the bidding round is extended by two minutes after the latest bid has been submitted. These two-minute extensions will continue until no bid is submitted within the two-minute extension.

5.4 The buyer is the bidder who submits the highest bid, thereby obtaining the hammer price. At the moment the hammer price is determined, a binding purchase/sales agreement is entered into based on these conditions of purchase.

5.5 If bids are given on behalf of others, the bidder serves as surety for the transaction.

5.6 If a bid is submitted just before the end of the bidding round, there is a risk that the bid will not be registered in time and therefore not be eligible. The bidder cannot raise any claim against BRK as a result of this. See section 13.1.

5.7 BRK can refuse to accept a bid if a sufficient guarantee of the bidder’s ability to pay is not provided, or if the bidder has previously defaulted on payment obligations on purchases from BRK.
5.8 BRK can at any time choose to suspend an auction, extend or restart an auction if concerns arise regarding any irregularity, including events occurring as a result of external abuse, technical challenges or similar circumstances.

AFTER THE AUCTION

6  Amounts Added to the Hammer Price

6.1 In addition to the hammer price, see section 5.3, the buyer pays a buyer's premium for the individual items as well as the other amounts described below if the conditions for these are applicable. The total amount that the buyer pays to BRK is called the "purchase price".

6.1.1 Buyer's Premium: The hammer price always includes an additional fee to BRK. The fee consists of 14.4% of the hammer price + VAT on the fee, 18% in total.

6.1.2 Full VAT: Certain items are sold at auction in accordance with the current rules regarding full VAT. In such a situation, a VAT rate of 25% is imposed on both the hammer price and the buyer’s premium. These items are marked on bruun-rasmussen.dk with the text: “This item is subject to full VAT”.

6.1.3 Transport: The shipment of items purchased at Direct Auction always takes place directly between the seller and the buyer. The total transportation costs depend on the size, nature and weight of the item and the address of the seller and buyer respectively. Costs associated with transportation, including insurance, are charged to the buyer, who is informed of the costs when they enter the bidding round.

6.1.4 Artist's Resale Right: In accordance with Danish copyright law, a royalty fee covering the Artist's Resale Right has to be charged for works by newer Danish artists, and some foreign artists, who are either alive or have not been dead for more than 70 years. The royalty fee for the Artist's Resale Right is charged on behalf of VISDA (Visual Rights Denmark). The description of these works includes the text "This lot is subject to Artist's Resale Right" on bruun-rasmussen.dk.

The royalty fee covering the Artist's Resale Right is added to the hammer price + buyer’s premium (excluding VAT) if the amount exceeds EUR 300, as indicated below:

Hammer price + buyer’s premium (excluding VAT) Payment Rate
EUR 300-50,000 5%
EUR 50,000-200,000  3%
EUR 200,000-350,000 1%
EUR 350,000-500,000 0.5%
Over EUR 500,000 0.25%

The royalty fee covering the Artist's Resale Right cannot exceed EUR 12,500 (excl. VAT) for each item. The fee must be paid in Danish kroner, and the conversion rate (EUR/DKK) is set by VISDA.

6.1.5 Debit/Credit Card Fee: BRK retains the right to collect the debit/credit card fees imposed by the payment services companies. The rates will appear when bidding on bruun-rasmussen.dk and at the time of payment.

7  Payment

7.1 The purchase price falls due after the hammer price has been determined. Approximately 12 hours after the bidding round has ended, the purchase price will be charged automatically to the buyer's credit/debit card. The buyer will receive an e-mail containing an invoice and details concerning pick-up, delivery and deadlines.

7.2 Payment can be made with the following credit/debit cards: Dankort, Visa, MasterCard, Maestro, Diners Club and JCB.

7.3 The bidder is required to update the debit/credit card information, including information about the expiry date, cancellation or loss of the card. The bidder may change or delete the information on bruun-rasmussen.dk at any time.

8  VAT Exemption, Payment and Deposit

8.1 Some buyers can choose which type of VAT should be applied to the transaction. The choice has to be communicated to BRK no later than two working days after the purchase and cannot be changed subsequently.

  1. Businesses in Denmark registered for VAT can decide that the transaction is to be conducted in accordance with the rules for full VAT, see section 7.1.2.

  2. Businesses registered for VAT in another EU Member State can be exempted from paying Danish VAT since the item is automatically transported to the foreign address that the buyer has registered with BRK and which is written on the invoice. In such cases, the VAT should be settled according to the rules applicable in the country where the buyer is registered for VAT. It is advisable to consult with the local authorities. The buyer can decide not to be exempt from regular VAT and instead pay Danish VAT on second-hand goods/full VAT.

  3. Buyers residing outside the EU can be exempted from Danish VAT since the item is automatically transported out of the EU. BRK automatically, and for a fee, issues the necessary export documents for the customs authorities. 

9  Overdue Payments

9.1 If it is not possible for BRK to charge the purchase price to the buyer’s credit/debit card after the bidding round has ended, see section 7.1, BRK will inform the buyer and present a request for payment. Interest on overdue payment will be charged and calculated in accordance with the Danish Central Bank’s official lending rate of + 8% per year of the amount due.

9.2 If the purchase price, including interest, is still not paid ten days after the demand for this has been presented, BRK is entitled to cancel the purchase.

10 Shipping 

10.1 The ownership of a purchased item is transferred to the buyer when the entire purchase price, including any interest and fees, has been paid. Only then can shipment of the item take place.

10.2 The item is delivered directly from the seller to the buyer via the shipping process described by BRK. The seller is required to ship the item within three days of the full purchase price being paid, and it is the seller's responsibility to pack and ship the item properly and in accordance with the instructions provided by BRK.

10.3 When the seller sends the item, the buyer is automatically notified of the shipment. When the buyer receives the item, the seller is automatically notified of receipt.

10.4 For smaller items, the following applies:

10.4.1 The seller is required to ship the item no later than three days after the full purchase price has been paid.

10.4.2 It is the seller's responsibility to pack and ship the item securely and in accordance with the instructions provided by BRK.

10.4.3 The buyer will receive the item either at the registered home address or at the warehouse of the carrier. The buyer is required to collect the item as soon as possible from the warehouse and no later than three days after the carrier has attempted to deliver the item at the buyer’s home.

10.5 For larger items, the following applies:

10.5.1 After BRK’s carrier has picked up the item from the seller within five days of the auction, the carrier will contact the buyer in order to schedule a time for the delivery.

10.5.2 The carrier will contact the buyer one hour before the time of delivery on the agreed upon day.

10.5.3 If the buyer is not able to receive the item as agreed upon, the buyer will be billed for the carrier’s unsuccessful drive as well as for the drive to the storage facility. The buyer will be contacted again to make an appointment for a new delivery time.

11 Right of Withdrawal – Only Applies to Private Buyers

11.1 Without providing any reasons, the buyer is entitled to cancel the transaction from the time of purchase and until 14 days after receiving the purchased item.

11.2 To exercise the right of withdrawal, the buyer must provide BRK with an unambiguous statement that the buyer wishes to cancel the purchase. This can be done by letter or e-mail.

11.3 The right of withdrawal can be invoked if the buyer sends the message before the expiry of the deadline for withdrawal.

11.4 The buyer must return the item to the seller in the same condition as it was in at the time of delivery. It is a prerequisite that the item is returned to the seller's address through the shipping process described by BRK, which is made available for return shipment, without undue delay and no later than three days from the date the buyer has informed BRK that they are invoking the right of withdrawal.

11.5 The buyer is responsible for the item being shipped securely and under the same conditions as when the seller originally shipped the item to the buyer, see section 10. The buyer bears full responsibility for the item until it is handed over to the designated carrier.

11.6 If the buyer invokes the right of withdrawal, BRK will refund all payments received from the buyer no later than 14 days from the date on which the seller has received the item from the buyer and confirmed to BRK that the item has been returned in the same condition as prior to the shipment.

11.7 BRK completes the reimbursement to the same debit/credit card that the buyer used for the initial transaction unless the buyer has expressly requested otherwise. In any case, the buyer will not incur any fees as a result of the reimbursement.

11.8 The buyer must ensure that the item is returned in the same state as it was in when the buyer received the item. If the item has been damaged by use or testing, it may not be possible to return the item in essentially the same condition. The buyer is liable for any loss in value of the item caused by the buyer's handling of the item.

11.9 The buyer must cover the costs relating to the return of the purchase.

12 Defects in the Purchased Items 

12.1 The lack of conformity rules of the Danish Sale of Goods Act may apply. Below is a non-exhaustive excerpt of the buyer's remedies in regard to lack of conformity.

12.2 The buyer is entitled to cancel a purchase if the description has contained significant errors that have led to a higher hammer price than a correct description would have resulted in. In this case, the buyer is required to provide sufficient image documentation, including date, for the item’s condition to BRK upon receipt of the item. In such cases, the total purchase price will be refunded. The buyer cannot demand payment of interest on the purchase price or demand payment of any other expenses or losses.

12.3 A purchase cannot be cancelled, and the buyer cannot demand a refund of the purchase price or raise any other claims against BRK if the description of the item is in compliance with section 3. 

12.4 Claims for a cancellation of a purchase must be notified to BRK when the buyer has discovered the fact that entitles the buyer to cancel the purchase. This notice, however, has to be given no later than two years after the date of receiving the item, see section 10.3. The item purchased must be returned in the same condition as it was on the day it was sold at auction. If these conditions are not met, the buyer loses the right to cancel the purchase and cannot claim a refund of the purchase price. The buyer is responsible for paying the costs associated with the return of the item.

13  Objections and Limitations on Liability

13.1 BRK is aware that errors, technical difficulties and external abuse or disruptive influences may occur during the auction. Bidders cannot raise any claims against BRK as a result of such events. 

13.2 Any sale via Direct Auction takes place directly between the buyer and the seller. BRK merely makes the platform available to facilitate the communication, auction and payment. BRK is therefore not responsible for the compliance with the agreement made.

13.3 The buyer is always responsible for the correct payment of VAT and other costs, fees etc. in accordance with Danish and foreign regulations.

13.4 Unless otherwise stated in these conditions of purchase, BRK can never be held liable for bidders’/buyers’ operating loss, loss of profits, other indirect losses or consequential loss.

14 Misuse and Violation of the Conditions of Purchase

14.1 In the event that BRK has a reasonable suspicion that the seller or buyer has acted in breach of these conditions of purchase or otherwise sought to misuse a Direct Auction for their own profit or contrary to honesty, BRK is entitled to suspend, block or terminate the customer's account with BRK, and under such circumstances, BRK is not obliged to refund any amount that may be in the customer's account.

14.2 If BRK suspects that a customer account or group of accounts are operating together systematically, BRK also has the right to suspend, block or terminate all accounts in question and in such cases BRK is not obliged to refund any amount in the customer’s account.

15  Personal Data Policy

15.1 It is important to BRK to ensure confidentiality and security regarding the bidder’s/buyer’s personal information. The personal data policy can be found on bruun-rasmussen.dk.

16  Complaints, Dispute Resolution and Applicable Law

16.1 BRK can always be contacted if the bidder/buyer has a complaint.

16.2 If the bidder/buyer is a consumer and a solution cannot be found, a complaint can be submitted to the Complaint Resolution Centre, Nævnenes Hus, Toldboden 2, 8800 Viborg, if the conditions for such a complaint are met. The bidder/buyer can complain to the Complaint Resolution Centre on forbrug.dk. 

16.3 In Denmark, disputes must be brought before the City Court of Copenhagen, but see section 16.2. The mandatory rules on jurisdiction apply to consumer interests.

 

Jesper Bruun Rasmussen, auctioneer

 

Bruun Rasmussen Auctioneers A/S Sundkrogsgade 30, 2150 Nordhavn, Copenhagen – DK Tel. +45 88 18 11 11, info@bruun-rasmussen.dk

 

The above is an English translation of the Danish version of the conditions of purchase. In case of a dispute, only the Danish version of the present conditions of purchase of Bruun Rasmussen is valid.