Conditions of Sale
Download standard withdrawal form
Version 1, November 2022
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Preamble
1.1 Any sale on the online auction site www.kjauktion.dk (hereinafter referred to as the "Auction Site") is subject to Danish law.
1.2 The auction conditions apply, regardless of whether you are a trader or a consumer. Point 12 regarding the right of withdrawal, however, only applies to consumers.
1.3 You are considered to be a consumer when you mainly act outside of your profession, cf. section 4 a, subsection of the Swedish Purchase Act. 1, and when you have registered as a consumer.
1.4 You are considered to be a trader when the purchase is made with a view to resale with profit in mind, cf. Section 4, subsection of the Purchase Act. 1, and when you have registered as a trader. -
Registration, security and personal data
2.1 You must be of legal age and set up as a registered user before you can place an auction bid on the Auction site.
2.2 As an auction winner on the Auction page, we need personal data for the purpose of being able to identify and communicate with the auction winner.
2.3 The personal information is registered with KJ Auktion and stored for at least 5 years.
2.4 The director of KJ Auktion at all times has access to the information registered about you, just as the director is the data controller.
2.5 Information provided is not passed on or sold to third parties. You are responsible for the correctness of the data entered.
2.6 KJ Auktion does not collect and register any personally sensitive information. -
Right of complaint and responsibility
3.1 As a business operator, you can, cf. 1.4, do not plead that the auction object suffers from any defect, cf. Section 48 of the Purchase Act. The trader may not otherwise plead other factual or legal defects, however with the exception of liability for unauthorized use. All auction items are sold without liability for the auctioneer, curator, the probate court and KJ Auktioner.
3.2 As a consumer, cf. section 1.3, the provisions of the Sales Act applicable at all times regarding complaints about defects in the auction item apply.
3.3 All auction items are put up for auction free and unencumbered.
3.4 Irregularity: in the event of irregularity, the buyer cannot demand compensation, but is only entitled to cancel the purchase for the part of the purchase to which the irregularity relates. In the event of cancellation, the buyer can thus only demand a proportionate repayment of the purchase price paid in return for the return of the purchased item to which the defect relates. In the event of unauthorized use, the buyer is obliged to assist with the delivery of the assets to a third party in coordination with KJ Auction.
3.5 In the event of a voluntary sale at auction, it is a condition that all relevant information is provided. If there are defects that the seller should reasonably know about, the buyer will get the money back and the goods will be returned to the seller. -
Bidding and Default
4.1 Any submitted auction bid is binding once the auction bid has been confirmed and registered on the Auction Site.
4.2 If the auction bid coincides with or is less than a previously submitted auction bid or auto bid, the auction bid will be rejected. However, the auction bid will be registered.
4.3 If the auction winner does not pay on time, collect the auction item in accordance with the agreement with KJ Auktion or otherwise respond to KJ Auktion's written inquiry within 24 hours after the end of the auction, the situation is considered a material breach. If payment has not been made no later than 96 hours after the auction has ended, it is considered a material breach and the auction agreement is considered cancelled.
4.4 In the event of significant default, KJ Auktion is entitled to terminate the auction agreement vis-à-vis the defaulting auction winner and offer the auction item to the next highest bidder or to a third party.
4.5 The defaulting auction winner is obliged to reimburse KJ Auktion for the difference in both the bid amount and the fee in relation to the price the item fetches from the second highest bidder or a third party, with a surcharge of 10%.
4.6 If the second highest bidder or a third party refuses to take the auction item, and the auction item must be re-auctioned, the defaulting auction winner is obliged to cover the difference in both the bid amount and the fee in relation to the terms of sale obtained at the new auction, with the addition of all reasonable costs.
4.7 Should KJ Auktion or the auctioneer succeed in selling the auction item won by the defaulting auction winner to a third party at a price that is higher than the defaulting auction winner's bid, the defaulting auction winner is not entitled to deduct the profit from the costs as mentioned in section . 4.6, just as the defaulting auction winner cannot claim the profit.
4.8 If an auction buyer pays within the deadline but does not collect his auction item(s) within the deadline, cf. point 9, KJ Auktion is entitled after 4 weeks and upon prior demand to sell the item at a new auction with associated costs for the defaulting auction buyer according to the principles in points 4.5 and 4.6.
4.9 KJ Auktion is entitled to exclude defaulting auction winners from the Auction page. All data will be deleted, just as KJ Auktion reserves the right to deny the excluded auction winner access to the Auction site from the IP address used by him. -
Theft or sabotage
5.1 If KJ Auktion detects theft or attempted theft, sabotage or attempted sabotage, this will result in a police report and exclusion from being able to bid on KJ Auktion sales in the future.
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Salary and VAT
6.1 The auction fee and VAT are added to the bid sum.
6.2 The auction fee is 16% of the auction winner's bid.
6.3 VAT is imposed on the auction item as well as VAT on the auction fee, unless the auction item is exempt from VAT.
6.4 If auction items are subject to taxes, including, for example, artists' tax in relation to copyright legislation, KJ Auktion must be informed of this by the seller and this tax will then be imposed on the auction item.
6.5 Due to the Danish govenments VAT Rules, buyers from outside Denmark, needs to pay the invoice with Danish VAT, when you have transported the items back to your home country you can fill out a form to get the VAT Refunded. (You need to have a valid VAT number before you can get the VAT Refunded.) Log in->My Vouchers -> Gren button (VAT Refund) and fill out the form. -
Foreign auction winners
7.1 For business Auction winners resident in the EU, the auction item and the fee are subject to Danish VAT. All invoices will thus be subject to VAT, unless the auction winner submits appropriate documentation that the goods are manufactured in Denmark, whereby KJ Auktion will refund the VAT amount and issue a credit note and a new invoice without VAT. As documentation, KJ Auktion must receive a waybill, invoice from a freight company, or other appropriate documentation that the goods are shipped from Denmark. If this documentation is not received, or in the event that the commercial auction winner picks up the auction item himself, it is the responsibility of the commercial auction winner to seek a refund of the Danish VAT from the Danish tax authorities.
7.2 It is the auction winner's duty to ensure that the VAT number is valid before bidding. KJ Auktion checks whether the VAT number is valid on this website: http://ec.europa.eu/taxation\_customs/vies/?locale=da.
7.3 If the VAT number is not valid, the auction item will be subject to Danish VAT.
7.4 For business auction winners and other auction winners outside the EU, no Danish VAT will be imposed. -
Payment
8.1 After the end of the auction, a confirmation is sent to the auction winner per mail. The email also contains an invoice with applicable payment terms. (Payment must be in KJ Auktion's hands no later than the last delivery day)
8.2 Unless otherwise stated or agreed, purchases under DKK 7,500 excl. VAT and fees are paid on collection, where payment can be made with cash, Mobilepay or VISA / Dankort / Mastercard.
8.3 The auction items and title to them only pass to the auction winner when payment has been received.
8.4 Foreign auction winners must use bank transfer via IBAN/SWIFT immediately after the auction. The information can be found on the invoice. -
Collection and delivery
9.1 All auction items must be picked up within the delivery time stated under the individual auction items. A longer deadline for auction item delivery may by prior agreement in each individual case is allowed for auction items that must be dismantled.
9.2 If auction items are not picked up within the delivery period and no other agreement has been entered into, DKK 150.00 exclusive of VAT, DKK 187.50 including VAT, will accrue in space rent per auction item per week. KJ Auktion can, however, choose to cancel and sell after 4 weeks, cf. the conditions in point 4.8.
9.3 Transport, stay and disassembly upon delivery is at your own risk. KJ Auktion disclaims any liability for compensation.
9.4 Pallets and pallet frames are not included unless otherwise stated in the catalog number.
9.5 Loading, collection and securing of goods is the responsibility of the buyer, if the buyer wants help with loading, it is the buyer's responsibility to agree that loading is the buyer's responsibility. KJ Auktion disclaims any liability for damages in relation to securing goods, loading machines or similar in connection with sales from kjauktion.dk According to Incoterm 2010, all goods are sold EX Works.
9.6 All dismantling and removal must take place in accordance with Danish legislation, electricity - water etc. must be left behind so that it complies with the law. -
Vehicles with number plates
10.1 If the auction item is a registered vehicle with number plates, it is possible to keep the number plates if the vehicle is re-registered before collection. The auction winner must be able to provide appropriate documentation for the re-registration. Otherwise, the vehicle will be delivered without a number plate. If the number plate is not included, this is stated in the auction catalogue.
10.2 Fees for the re-registration are borne by the auction winner. -
Transfer of risk
11.1 The auction winner bears the risk for the auction item from the time the auction winner is announced.
11.2 If the auction item must be dismantled, taken down or secured, this is done at the auction winner's own risk and expense.
11.3 All reading takes place at the customer's own risk, KJ Auktion is not responsible for damage to purchased goods or other items. We are happy to help, but only at the buyer's risk. -
Right of withdrawal
12.1 According to the Consumer Contracts Act, you, as a consumer, have, cf. section 1.3, right to cancel and return your purchase no later than 14 days after you have received the auction item. The period of 14 days runs from the day you receive the auction item in your physical possession.
12.2 If you wish to exercise your right of cancellation, before the expiry of the cancellation period, cf. point 12.1, you must expressly inform KJ Auktion that you wish to cancel the purchase.
12.3 The notification must be sent to the contact information specified in point 14. You can also use the standard cancellation form, which is attached to the confirmation email, cf. 8.1, and which is also available online on the website, http://data.kjauktion.dk/files/pdfs/en\_std\_withdrawal\_form.pdf.
12.4 If KJ Auktion receives the cancellation in accordance with this provision more than 14 days after the sale item has come into your possession, the right of cancellation expires.
12.5 The auction item must be sent no later than 14 days after the date on which you have notified KJ Auktion that you wish to make use of the right of cancellation and must be sent to the address specified in point 14.
12.6 The costs associated with sending the auction item back are borne by you. Should the sale item be accidentally lost or damaged during the return transport, you bear the risk.
12.7 You are liable for any deterioration in the value of the auction item if its use exceeds what is necessary to determine the nature and characteristics of the auction item and as part of testing the auction item. The right of cancellation according to this provision is maintained, however, so that KJ Auktion is entitled to offset the deterioration in the amount that is refunded.
12.8 The purchase amount will be returned to your account no later than 14 days after the date on which you have announced that you have regretted your purchase. However, KJ Auktion reserves the right to withhold the purchase price for the auction item until the auction item has been returned, or until you have provided appropriate documentation that the auction item has been returned.
12.9 KJ Auktion is, however, entitled to offset the expenses mentioned in point 12.6 and point 12.7 from the purchase price of the auction item. -
Changes in conditions and the catalog as well as reservations for errors
13.1 KJ Auktion reserves the right to make changes to the catalogue, including removing goods from auctions. KJ Auktion reserves the right for spelling errors, writing errors, image errors, incorrect statements of quantity, measurements, weight, capacity and VAT status.
13.2 KJ Auktion is not responsible for any system errors or other technical conditions that may affect the auction system and bidding.
13.3 If technical problems arise at the end of an auction, KJ Auktion is entitled to restart the entire auction and have it end at a later time, typically the same time the following day, or when technical problems have been resolved. All active bidders will be notified by email as soon as possible. -
Contact information
KJ Auction ApS
Strandvejen 163 9370 Hou/ Hals CVR no. 42 50 57 22
Email: [email protected] / [email protected]
Telephone number: +45 51 64 88 11 -
Choice of law and venue
15.1 Any dispute according to these terms and conditions of sale and delivery must be settled according to Danish law at the court in Aalborg.