PS AUCTION AB
TERMS AND CONDITIONS FOR AUCTIONS AND MEMBERSHIP
1. Background
1.1 These auction and membership terms ("Terms") apply between you as an individual or your company or other legal entity ("Customer"/"you") and PS Auction AB, registration number 556632-1468 ("PS"). By accepting the Terms, you, or the company or other legal entity you represent, become a registered member with PS.
1.2 The Terms apply to the Customer's membership with PS, the use of the PS website psauction.com and its related pages ("Website"), as well as the services, such as bidding or monitoring an item, provided by PS on the Website ("Services"). In the case of buying and selling items through the Website ("Auction Items"), PS's current General Terms for Online Auctions apply instead, as stated on the Website and below.
1.3 By accepting the Terms, the Customer and its representatives commit to complying with the Terms and agree that they have read the information about PS's processing of personal data in accordance with PS's privacy policy ("Privacy Policy"). The Terms, PS Privacy Policy, and the information provided by PS on the Website constitute the complete agreement between the Customer and PS regarding the use of the Website and PS's Services.
2. Services – bidding
2.1 PS may, from time to time, offer various services such as the opportunity to place or monitor bids. Such services may be free or associated with various fees. The following terms apply to PS's bidding service through the Website.
2.2 A Customer who wishes to participate in a bidding on the Website may do so if they meet the Terms. It is not allowed to participate in bidding on the Website for items submitted by oneself or to manipulate bidding in any way, such as through proxies. PS reserves the right to refrain from selling, disregard bids, and determine whether bidding should be redone due to uncertainties about the final bid.
2.3 A Customer can log in and place a bid on an auction on the Website from when it starts until it closes. For each Auction Item auctioned on the Website, there is a specified time when the countdown for the auction starts. If a new bid is placed by a customer within three (3) minutes from this time, the auction continues, and the auction time is extended by an additional three (3) minutes. When bidding has been stagnant for three (3) minutes, the auction is concluded. The auction end time is thus flexible and cannot be predicted.
Information about ongoing auctions along with preliminary closing dates is available on the Website.
2.4 All bids are binding for the Customer. A submitted bid cannot be withdrawn, provided that mandatory consumer protection legislation does not prescribe otherwise in relation to a Customer who is a consumer. Please note that the right of withdrawal will not typically apply to placed bids; see more information on this below in point 8.
2.5 The bidding service provided by PS has been developed over time through significant investments. PS continues to invest ongoing time and money in developing the bidding service. Therefore, if the Customer uses PS's bidding service and places a winning bid, a fee is charged for the use of the bidding service itself. The fee for the service is intended to cover PS's costs for the bidding service, such as investments made in the service, programmer costs, IT support, operational expenses, and other costs necessary for the service to be provided. The fee for the service must be paid in accordance with the principles and amounts specified on the Website. The fee for the service may vary depending on the Auction Item. A Customer is obligated to pay the fee for the service even if the purchase of the specific Auction Item is not completed by the customer for any reason. PS covers the fee for the service for a Customer who does not win the bidding for an Auction Item. Applicable fees for the service are stated on the Website. Payment of the service fee to PS is carried out in accordance with PS's current General Terms for Online Auctions, as stated on the Website and below.
2.6 An Auction Item auctioned on the Website is assigned a minimum price that PS is willing to sell the Auction Item for ("Reserve Price"). The Customer should place a bid that corresponds to the highest amount the Customer is willing to pay for the Auction Item ("Bid"). A Customer who wants to place a Bid should follow the instructions on the Website. PS offers various bidding strategies. Depending on the selected bidding strategy, when a customer places a Bid that exceeds the Reserve Price, PS will automatically initiate a bidding agent that bids as favorably as possible on behalf of the customer up to the Bid. This may also occur below the Reserve Price, depending on the chosen bidding strategy. Refer to the Website for more information on PS bidding strategies. Therefore, the winning bid may be lower than the specified Bid. See the Website for more information about Bids and their function. PS reserves the right to remove Auction Items from the Website during ongoing bidding.
2.7 The highest stated bid wins. If two equally high bids are submitted, the Customer whose bid was registered first by the service wins. After the auction is concluded, the Customer who placed the highest bid has always entered into a binding agreement with PS, provided that PS has approved the Customer's bid by sending an invoice to the Customer or otherwise confirming the bid in accordance with point 2.9 below. Applicable purchase terms are stated in PS's current General Terms for Online Auctions. If the Reserve Price has not been reached, the conditions in point 2.8 below apply.
2.8 If an Auction Item has not reached its Reserve Price, PS reserves the right not to accept the Customer's bid, but instead re-list the Auction Item for sale without prior contact with the Customer who placed the highest bid. If the Customer's bid has been approved by PS, an invoice is sent to the Customer without initial contact from PS. The sent invoice is therefore considered as acceptance of the bid by PS. The invoice is sent to the email address provided by the Customer at registration and is available for download on the Customer's own page on the Website.
2.9 After the auction, PS contacts the Customer who won the bidding in accordance with point 2.7, typically within three (3) business days, via email or phone to confirm the bid. This is usually done by PS sending an invoice to the Customer. Payment for the purchase is made in accordance with PS's current General Terms for Online Auctions. The winning Customer is obliged to be available by phone and read their email after the auction closes. In cases where PS cannot contact the winning Customer despite repeated attempts, PS has the right to charge the service fee and offer other Customers the opportunity to purchase the Auction Item unless stated otherwise.
3. User account and personal data
3.1 In order to utilize the Services, such as placing a bid on the Website, the Customer must be registered and logged in on the Website, either as an individual or as a company. Registering as a Customer on the Website is free. The Customer registers by filling in their details on the Website and subsequently obtains a user account. The Customer confirms that the information provided is accurate and complete, and is responsible for inaccuracies in the information provided. Information regarding PS's processing of personal data can be found in PS's Privacy Policy.
3.2 If a company or other legal entity is registered as a Customer, it is required that a natural person with the authority to bind the legal entity to the Terms, use the Services, and enter into agreements on behalf of the legal entity on the Website is also designated as a contact person. The Website is not accessible to, and must not be used by, individuals under 18 years of age or those who, for any reason, have limited legal capacity or are temporarily or permanently suspended Customers.
3.3 The customer undertakes to ensure that no one other than the customer can use the customer's login credentials. The customer must not disclose the username and password to any unauthorized person and must ensure that documents containing information about the username and password are stored in such a way that unauthorized individuals cannot access the information. If the customer uses BankID for login, the customer must ensure that no unauthorized person gains access to it. The customer must immediately notify PS if there is reason to suspect that an unauthorized person knows the customer's password or has obtained the customer's BankID. The customer is responsible for actions, such as bidding and purchases, made with their login credentials.
3.4 If PS suspects that the Customer is abusing their user account or login credentials or otherwise violating the Terms, PS has the right to suspend the Customer. PS also has the right to assign new login credentials to the Customer regardless of the reason.
3.5 PS is not responsible for losses caused by unauthorized use of a Customer's login credentials or user account, provided that PS is not guilty of negligence.
4. Messages
4.1 Messages from PS to the Customer are sent to the email address registered on the Website. Messages from the Customer to PS should be sent as specified on the Website.
4.2 Messages sent by email are considered to have been delivered to the other party immediately upon receipt of confirmation of the received transmission. Messages sent by regular mail are considered to have been received by the other party three (3) days after dispatch.
5. Technology
5.1 Unfortunately, PS cannot guarantee that the Website will be error-free or uninterrupted, that errors will be corrected, or that the Website or the servers making the Website available are free from harmful components. Technical disruptions caused by maintenance work, further development, and/or other disturbances may limit and/or temporarily prevent the Customer's ability to use the Website, or data may be lost. PS is not responsible for the availability of the Services and cannot guarantee that technical disruptions or data losses will not occur.
5.2 The Website may experience operational disruptions as mentioned above. PS reserves the right to postpone the dates and times for auction closures after unexpected operational disruptions, including but not limited to errors in the internet connection to the server, data breaches, or service interruptions from providers. Therefore, PS is not responsible for any overload on the Website and its consequences. PS is not liable for damages or faults in its or others' computer equipment and/or programs that affect participation in PS auctions.
5.3 The above does not apply in case of gross negligence or intent.
6. Intellectual property rights
6.1 The Website and the Services, their content, and all intellectual property rights protecting them are owned by PS. The Website and its content are protected by copyright and database rights (catalog protection). Unauthorized use or copying of the whole or parts of the Website and the Services may constitute illegal infringement of intellectual property rights and result in liability for damages.
6.2 PS, PS ONLINEAUKTIONER.SE, PS ONLINEAUCTIONS.COM, PS AUCTION.SE, PS AUCTION.EE, PS AUCTION.DK, PS AUCTION.FI, and PS AUCTION.COM, together with related logos, constitute PS trademarks and/or domain names. The use of these trademarks is only allowed after written approval from PS, and after such approval, it must be in accordance with PS's instructions.
7. Agreement Duration
7.1 These Terms come into effect when the Customer has registered on the Website and are valid indefinitely. The Customer has the right to terminate their membership with PS at any time. Upon termination, the Terms continue to apply to such actions, such as bidding, that the Customer has undertaken before the termination.
7.2 A Customer who has been suspended from the Website by PS does not have the right to re-register or use the service through another Customer's login without prior written consent from PS. PS has the right, at its discretion, to decide to cease providing the Website and the Services or parts thereof.
8. Right of Withdrawal for Consumers
8.1 The provisions in this section 8 apply to consumers.
8.2 In certain cases, the right of withdrawal does not apply. This is the case if the agreement concerns a service that has been fully performed, and the consumer has expressly consented to the service commencing and has agreed that there is no right of withdrawal once the service has been fully performed. When the Customer participates in an auction on the Website by placing a bid, the Customer is using a service (bidding service) that is also fulfilled by placing bids in an ongoing auction during the withdrawal period. When the Customer uses this service, the Customer will be able to give explicit consent for the service to commence and acknowledge that there is no right of withdrawal once the service has been fully performed (i.e., as soon as the bid has been placed). The information about the right of withdrawal below is therefore not applicable in most cases when using the PS bidding service; however, it may be relevant for other services that PS may offer to the customer from time to time.
8.3 According to applicable consumer legislation, consumers have the right of withdrawal within fourteen (14) days from the day the agreement for a service is concluded. If the Customer wishes to exercise the right of withdrawal before the withdrawal period has expired, the Customer should send a clear and explicit message to PS. For a smooth process, PS recommends that the Customer contact PS in the manner described on the Website. The customer should then provide their name and other relevant information, such as the specific service in question. The Customer can also choose to use the standard withdrawal form provided by the Swedish Consumer Agency, see here: Withdrawal Form - Swedish Consumer Agency.
8.4 To meet the deadline for exercising the right of withdrawal, it is sufficient for the Customer to send the notification of the exercise of the right of withdrawal before the withdrawal period has expired.
8.5 When the Customer exercises their right of withdrawal, PS will refund any amount the Customer paid for the withdrawn service. PS is entitled to deduct a proportional part of the agreed price, to the extent that the price is reasonable, for a service that has been partially performed before the Customer exercised the right of withdrawal, provided that the Customer has requested the service to start during the withdrawal period.
8.6 PS will refund the amount as soon as possible, but no later than 14 days from the date PS received the Customer’s notification of exercising the right of withdrawal. The refund will be made to the customer via the payment option chosen by the Customer, unless otherwise agreed or if there are obstacles to such a refund.
9. Amendment of the Terms
9.1 PS may change the Terms, Services, and their prices, as well as the content on the Website from time to time. In the case of significant changes to these Terms, the Customer will be informed before logging into the Website. However, this does not apply if the change is due to changes in the law, regulations, or decisions by authorities, and the change must take effect immediately.
9.2 If PS and the Customer have not agreed otherwise, the amendment takes effect thirty (30) days after the Customer has been informed of such a change. If the Customer does not accept the changes in the Terms or Services, including price changes, they have the right to terminate the agreement for access to the Website with immediate effect. The Website will then be closed for that Customer, and the membership will be terminated. Such termination must be made before the Customer uses the Website again. PS recommends that the Customer regularly checks the Website to be aware of any changes to the Terms.
10. Suspension
10.1 If a Customer violates the provisions of these Terms or if PS has reason to suspect that a Customer is in violation of the Terms, PS may, at its discretion and without prior notice to the Customer: (i) terminate the Customer's user account and/or (ii) restrict the Customer's right to use the Website by preventing login and/or (iii) disable access to the Website.
11. Transfer
11.1 PS has the right to transfer the agreement governed by these Terms, including all or part of related rights and/or obligations, to a third party. In the event of a transfer, PS will notify who has taken over the contractual relationship after the transfer through a notice on the Website or via email. If PS transfers the Terms to a third party, that party has the right to provide the same or similar services on another website. A Customer may not transfer its agreement with PS without prior written consent.
12. Applicable law and disputes
12.1 Disputes concerning the interpretation or application of these Terms and the Website in general shall be interpreted in accordance with Swedish law and primarily resolved through negotiations between the parties. In cases where the parties do not reach an agreement, the dispute shall be settled by the Swedish courts.
12.2 In the case of a dispute with a Customer who is a private individual, PS follows decisions from the Swedish National Board for Consumer Disputes (Allmänna Reklamationsnämnden). 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. A private individual Customer can also file a complaint via the EU's online platform for dispute resolution, accessible at http://ec.europa.eu/consumers/odr/.
These Terms and Conditions have been established by PS on 08-01-2024
