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 psauction.se and related pages ("Website"). Agreements are entered into between the Customer and PS Auction AB, registration number 556632-1468 ("PS"). To be able to purchase Auction Items through the Website, the Customer must accept the Terms. Information about PS's processing of personal data is available in PS Privacy Policy.
1.2. The items sold by PS via the Website ("Auction Items") are sold by PS in its own name but on behalf of a seller who is a third party. PS'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 PS 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 PS's current Terms & Conditions for Auction and Membership, see the Website and above. Detailed information regarding PS's bidding service and the auction process is found in PS's Terms & Conditions for Auction and Membership. Customers choosing to participate in auctions on the Website must adhere to PS's current rules and instructions.
2.2. The bidding service provided by PS has been developed over time through substantial investments. PS continues to invest time and money in developing the bidding service. If the Customer uses PS'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 PS'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. PS 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. PS'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 PS has otherwise confirmed the winning bid, in accordance with PS'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. PS 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, PS 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, PS shall inform about the functionality of the digital content or service. PS 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 PS.
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, PS 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 PS has reason to believe that the auction item deviates in any way from what can objectively be expected of the auction item, PS 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. PS has the right to charge the Customer immediately upon the winning bid. PS 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 PS has sent an invoice to your email. If your payment is not made immediately, PS will send you a reminder within three (3) calendar days. If, despite the reminder, you do not pay, PS may send you another reminder. If payment is not made within seven (7) calendar days after the end of the Auction, PS has the right to demand that the purchase be fulfilled. In such a case, PS 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 PS, and the Customer is more than thirty (30) days late with payment from the due date, PS 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, PS has the right, without first notifying the winning Customer, to resell the Auction Item at the starting and surveillance price that PS deems appropriate. In the event of resale, PS 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 PS'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 PS and then refunded to the Customer when an export declaration or other document proving that the Auction Item has left Sweden is provided to PS. For the VAT refund to occur, the export documentation must be received by PS no later than fourteen (14) days after the invoice date. The Customer must also provide complete bank information to PS, 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. PS is not responsible for transport, and shipping is not included in the purchase of the Auction Item. PS 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, PS has the right to charge a storage and handling fee according to the current price list specified on the Website. PS 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 PS using the contact information provided by PS.
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 PS.
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, PS has the right to transfer the Auction Item to a storage/shipping company hired by PS, 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. PS 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. PS 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 PS using the contact information specified on the Website. If, in individual cases, PS 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 PS as described below.
8. Transfer of risk
8.1. The responsibility for the Auction Item transfers from PS 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 PS, such as a Carrier, the responsibility shifts from PS 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 PS 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. PS is not responsible for costs, damage, or consequential damage incurred by the Customer when the Auction Item cannot be handed over by PS on the pickup day due to the Auction Item being stolen at the pickup location after the auction has ended. PS 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 PS withdraws the Auction Item after the auction has ended, PS 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, PS is responsible according to the rules below. PS 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. PS is not responsible for defects that arise after the Auction Item has been handed over to the Customer. For items with digital components, PS 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 PS and the Customer. PS 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. PS 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, PS 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, PS is not responsible for defects if the Auction Item is sold as "repair object", and PS 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, PS 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. PS 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 PS 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 PS 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. PS 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. PS 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 PS to either
(a) primarily remedy the defect; or
(b) replace the item with a substitute.
10.6. If PS 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 PS, PS shall compensate the Customer through the other alternative. If this is not possible or entails unreasonable costs for PS, PS 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, PS 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. PS does not cover repairs performed by the Customer unless approved in advance by PS.
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 PS is responsible, however, no later than within thirty (30) days, the Customer has the right to cancel the purchase after notifying PS and, upon returning the Auction Item, receive the amount paid by the Customer to PS 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 PS is responsible, PS 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 PS 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 PS 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 the PS premise where the Auction item originated from. Returning an Auction Item to PS 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 PS 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 PS. The Auction Item should be well-packaged and in good condition. PS recommends that returns be made to PS 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, PS 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 PS, such as through a Carrier. In the case of a partial order return, the delivery cost is not refunded. PS 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. PS promptly refunds the amount, no later than fourteen (14) days from the date PS received the Customer's notice of exercising the right of withdrawal. However, PS may wait to make the refund until PS 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 PS'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. PS 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. PS 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. PS 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 PS has informed the Customer of the changes. PS recommends that the Customer regularly checks the Website to stay informed about any changes to the Terms.
14. Force Majeure
14.1 If PS's performance of its obligations under the Terms is substantially hindered or prevented due to circumstances beyond PS'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 PS's control, this shall constitute grounds for exemption relieving PS from liability for damages and other consequences. If PS'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 PS via info@ps.se, 0771 10 11 00, or through the PS 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. In Sweden, you as a customer can also make a report to the Swedish National Board for Consumer Disputes (Allmänna Reklamationsnämnden, ARN). 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/.
These Terms and Conditions have been established by PS on 21-05-2024
