Lauritz.com's conditions of purchase
These conditions apply to purchase of goods and services on www.lauritz.com and other websites from Lauritz.com A/S, Dynamovej 11C, 2860 Søborg, Denmark, Danish Central Business Register No. (CVR No.) 24994570.
Registration as a customer
To be able to bid and buy goods and services at Lauritz, you need to create a customer account, read and accept our conditions of purchase and sale as well as our privacy policy.
Estimate and lot description
The estimates Lauritz provides are based on our previous experience selling that same type of item, current market trends as well as the seller's expectation of the hammer price. Providing estimates is not an exact science but an indication. Ultimately, the market price is dictated by the buyers, and this price fluctuates. This means that some hammer prices will be higher or lower than the given estimate.
We only accept goods and services that have been described and valued by our own personnel.
Since all lots are sold as quality used items or equivalent, normal wear and tear and any smell from e.g. a smoker home are not described. We try to describe or photograph any defects and flaws beyond those caused by normal wear and tear.
Bidding and purchase agreement
You are liable for all bids that have been placed using your customer number and password. Bidding is anonymous, but your customer number is visible when you have placed a bid. Everything is sold at the highest bid, irrespective of the estimate. If a reserve has been agreed, you will be informed about this in the bid confirmation. If you win an auction for a good or service, you will receive a winning bid email notifying you of this, and the purchase agreement is hereby concluded. A seller may not bid on their own lot. It is also not permitted for you as a buyer to bid on an item where you previously won the auction and then used your cancellation right. We reserve the right to delete bids if we consider the bidding not to be in accordance with our guidelines.
Cancellation rights
If you make a purchase as a consumer you have the right to cancel under the Danish Act on Certain Consumer Contracts. Read more about cancellation rights at the end of this document.
Buyer's premium and hammer fee
For each lot purchased a buyer's premium of 22.5% of the hammer price incl. VAT is charged as well as a hammer fee of DKK/SEK/NOK 95, EUR 13 (EUR 80, DKK/SEK/NOK 600 for leasing cars).
VAT
Whether a lot is sold under the normal VAT rules or under the margin scheme for second-hand goods will appear in the lot description. The price you pay is identical regardless of whether the lot is sold under the normal rules or the margin scheme for second-hand goods.
For lots sold under the normal VAT rules, VAT is calculated based on the hammer price, commissions and fees.
If you are a VAT registered company and buy a lot sold under the normal VAT rules, you can reclaim VAT according to standard VAT rules.
When trading across country borders VAT is also calculated according to the above rules. If you wish to apply for a VAT refund, you need to contact the tax authorities in the country where you purchased the item. Please be aware of the rules for customs duty and import VAT for lots that cross the EU border or lots traded between two countries that are both outside the EU. Read more about specific VAT rules on www.lauritz.com under 'Buying' – 'Customs and import'.
In certain cases Lauritz acts as intermediary. This is always the case with regard to package tours. If Lauritz acts as intermediary, the only difference for you as a customer is that you need to contact Lauritz' Customer Support at support@lauritz.com if, in connection with purchase of an item subject to VAT, you wish to have an invoice on which VAT is itemized.
Artists' resale royalties
Denmark: According to § 38 of the Danish copyright law, on behalf of Copydan a resale royalty is to be collected by all Danish Lauritz auction houses on sale of works by all Danish and certain international artists who are either alive or have not been dead for more than 70 years, if the sales price (hammer price incl. buyer's premium excl. VAT) is over EUR 300. If a resale royalty applies, this is indicated with 'CD' in the lot description.
Sweden: According to § 26n-p of the Swedish copyright law, on behalf of Bildupphovsrätt i Sverige a resale royalty is to be collected by all Swedish Lauritz auction houses on sale of works by all Swedish and certain international artists who are either alive or have not been dead for more than 70 years if the sales price is more than SEK 2,240. If a resale royalty applies, this is indicated with 'BUS' in the lot description.
Germany: According to § 26 of the German copyright law, on behalf of Bild-Kunst all Lauritz auction houses in Germany must claim resale royalties on sale of works by all newer German and certain international artists if the sales price is more than EUR 400. If a resale royalty applies, this is indicated with 'BK' in the lot description.
Resale royalties are calculated as follows:
1) 5% (however, in Germany 4%) of the sales price up to EUR 50,000
2) 3% of the amount of the sales price between EUR 50,000.01 and 200,000
3) 1% of the amount of the sales price between EUR 200,000.01 and 350,000
4) 0.5% of the amount of the sales price between EUR 350,000.01 and 500,000
5) 0.25% of the amount of the sales price above EUR 500,000.
Payment
Lauritz offers two payment solutions. 1) Payment via net payment: The purchased item must be paid for within 3 days via 'My Page' - 'Payments.' If payment is not made within 3 days, you will be charged a late payment fee and your Lauritz account will be closed for further purchase and sale. 2) Lauritz Easypay: The payment will be made automatically as soon as you have registered a fixed payment method and signed up for our Easypay solution.
Registering a fixed payment method: If you choose to register a fixed payment method, your payment information will automatically be stored with the PCI certified payment provider AltaPay. All information exchanged between Lauritz and AltaPay is encrypted (SSL-encrypted). The following applies to the registration of fixed payment methods:
• Fixed payment method is registered on 'My Page' under 'Basic information'
• The name of your customer profile and the name of your payment method (payment card) must be identical
• You can register multiple payment methods on your profile, but one must be your primary payment method
• Your primary payment method can be changed at any time under 'My Page', 'Basic information.'
Regardless of whether you pay via online banking or via Easypay, you will always receive a confirmation by e-mail as a receipt containing your invoice and information about pickup, mail, transportation, etc. Read more about specific payment options at www.lauritz.com under 'Buying' - 'Payment'.
Please note, there are special rules regarding the purchase and payment of package tours and cruises in connection with the issue of travel guarantee certificates. Read more at www.lauritz.com under 'Buying' – 'Purchase of package tours and cruises'.
Collection and delivery
Items purchased can be collected from the relevant Lauritz auction house during opening hours directly after the end of the auction. In certain cases, collection takes place from another location. See the lot description for any information about collecting from a different address.
Items must be collected within 3 days of the end of the auction. Legal title to the item does not transfer to you as the buyer until the purchase amount is paid in full.
As a customer at Lauritz you have several different collection and delivery options.
1) You can choose to have smaller items that comply with certain size and weight criteria sent by post. Read more about size and weight criteria on www.lauritz.com under 'Delivery'. It will also be indicated in the payment process if the item can be sent by post. Your item is sent to you when we have received your payment. You will subsequently receive the item within 4-5 days.
2) You can choose to have larger items shipped using one of the shipping companies represented with a price quote on our website.
3) You can choose to collect the item in person or give someone else written permission to do this on your behalf, including another transport company than our contracted transport partner (Transportbyrån).
If you collect the item yourself you must remember to bring your purchase receipt and valid photo ID (passport or driving licence). If you send someone else to collect your item on your behalf, in addition to the purchase receipt and their own ID, they must bring a copy of your ID and written authority from you permitting them to collect the item on your behalf.
With option 1 and 2, risk for the item is transferred to you when the item has been delivered. With option 3, risk for the item is transferred to you when the item is collected from Lauritz.
Unclaimed items will be charged a fee of DKK/SEK/NOK 200, EUR 25 incl. VAT for storage and handling for each week or part thereof.
With purchase of certain weapons, we cannot hand over the item until you can show a weapons' permit. Your weapons' permit is specific to the weapon in question and to you personally. This means weapons cannot be collected by third parties unless by an authorized shipping company. A storage fee is not charged for the period it takes to obtain the permit (typically 1-3 weeks).
Please note that choice of delivery option is important in relation to whether you will be refunded delivery costs if you cancel a purchase. Read more under 'Cancellation rights'.
Resale
If the purchase price including all fees has not been paid in accordance with our conditions, the lot is put up for auction again and your account at Lauritz will be closed for further purchase and sale. If the purchase price has been paid but the item has not been collected within the specified time, we are entitled, at the end of a reminder procedure, to put the lot up for auction again in your name and at your expense. You are liable for any costs incurred as well as any and every loss ensuing from failure to fulfil your obligations. Lauritz is at any time entitled to offset losses or other outstanding debt against the net profit from the sale of other items belonging to you.
Interrupting an auction and disclaimer of liability for technical problems
If the auction has started and the lot has been displayed online, the good or service cannot be withdrawn from auction. However, we reserve the right to withdraw a good or service from auction, prolong an auction, or restart an auction if it is appropriate, for instance, due to suspicion of interference, error, technical difficulties, well-founded doubt about property rights or other circumstances. We are not responsible for delays, disruptions or technical/internet problems of any description, even if these are due to Lauritz' computers or technical conditions.
Faults and complaints
The Danish Sale of Goods Act's lack of conformity rules can apply. If, after the auction has taken place, it is acknowledged that the lot description was vitiated by significant mistakes or flaws, or that the item was in considerably worse condition than presumed, you have the right to annul the purchase and the purchase price will be fully reimbursed, or you will receive an appropriate price reduction. In the event of annulment, the buyer cannot claim interest on the purchase price; neither is the buyer entitled to demand that other expenses or losses are covered, including any losses incurred in selling the item onwards.
The right to annul the purchase can only be exercised by the customer who purchased the item from Lauritz and is conditional on the complaint being submitted within 2 years of the purchase day for Denmark, Norway, Germany and Belgium, and 3 years for Sweden, and that the item purchased is returned within the same time limit to the local auction house where the item was purchased. Complaints must be submitted in writing. In certain cases, it may be necessary that the item be returned so that the complaint can be processed. If a complaint regards authenticity of an item, we require that you present a written statement from an independent and acknowledged expert.
Annulment of a purchase cannot be claimed in accordance with the above rules if:
• The lot description on the day the auction ended was in agreement with the generally accepted scholarly and expert opinion current at the time.
• The only way at the time of the sale to determine a fake was application of scientific processes the validity of which was not generally accepted until after the time of the sale, or would have been disproportionately expensive or impracticable without damaging the item in question.
In addition to the time limits above, the normal time limit rules in the Danish Limitation Act apply, according to which a buyer cannot under any circumstances make a valid claim against Lauritz more than 5 years after the day of purchase.
Condition report
We offer a condition report to give more detailed information on the state and condition of an item, provided that the estimate is over DKK/SEK/NOK 5,000, EUR 650.
Personal data – your information
As a customer of Lauritz it is important, and it is your own responsibility, to ensure that your basic customer information is correct and complete, including your email address and your bank account details. You can always make any necessary corrections on 'My page' – 'Basic information'. If your personal details are not correctly stated, without further notice we can choose to close your customer account. If this happens to you, you can contact Customer Support at support@lauritz.com to update your details and your account may be reopened. Read more about how we store and protect your personal information in our personal data policy.
Amendments to the conditions
We can at any time change these conditions of purchase. You will be informed about any changes the next time you log in, at which time you will be asked to accept the changes before you continue.
Complaints
If you wish to make a complaint about a good or service purchased with us, you need to do so by writing to our Customer Support by email at support@lauritz.com or by letter to Lauritz.com A/S Dynamovej 11 C, 2860 Søborg, Denmark, marked 'Customer Support'.
We will do our best to find the right solution. If you do not agree with the outcome of your complaint, you can contact:
Denmark:
Klageportalen for Nævnenes Hus, Toldboden 2, DK-8800 Viborg, Denmark. You can submit your complaint via https://kpo.naevneneshus.dk/
Sweden:
Allmänna reklamationsnämnden (ARN), Box 174, 101 23 Stockholm, Sweden. You can submit your complaint via http://www.arn.se/
Norway:
Forbrukerrådet, Postboks 463 Sentrum, 0105 Oslo, Norway. You can submit your complaint via http://www.forbrukerradet.no/
Germany:
Verbraucherzentrale, Bundesverband e.V. vzbv, Markgrafenstr. 66, 10969 Berlin, Germany. You can submit your complaint via http://www.vzbv.de/
Belgium:
Consumentenombudsdienst / Service de Médiation pour le Consommateur, Boulevard du Roi Albert II 8 - 1000 Brussels, Belgium. You can submit your complaint via http://www.consumentenombudsdienst.be//nl / http://www.mediationconsommateur.be//fr.
ODR (Online Dispute Resolution)
Lastly, you can submit your complaint to ODR. ODR stands for 'Online Dispute Resolution'. This digital online solution is for all EU consumers who buy online in other EU countries as well as for all European online traders. You can contact ODR via http://ec.europa.eu/odr.
Choice of law and disputes
To the extent compatible with applicable legislation that cannot be deviated from by agreement, disputes between Lauritz and the buyer are subject to Danish law and are to be settled by the City Court of Copenhagen according to the Danish Administration of Justice Act, including the rules on appeal. In cases concerning consumer contracts, the rules of jurisdiction of the Danish Administration of Justice Act apply.
Cancellation rights
You have the right to cancel your purchase within 14 days without giving any reason.
The 14-day cancellation period starts at the earliest from the time when you receive information about cancellation rights and information about where you should send notification of the intention to use your cancellation right. You are therefore informed about your cancellation right when you register as a customer as well as when bidding and when you win an auction. You can also read about your cancellation right on www.lauritz.com.
The cancellation period will expire after 14 days from the day on which you acquire, or a third party indicated by you acquires, physical possession of the good. If you pick up/ collect/receive a lot on Monday the 1st you need to cancel the purchase by the end of Monday the 15th of the same month. If the last day of the 14-day period falls on a national holiday, Saturday, Christmas Eve or New Year's Eve, you can wait until the next working day.
Using your cancellation right
To exercise the right to cancel, before the cancellation period ends you must inform the Lauritz auction house where you purchased your lot of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or email).
You can also cancel a purchase by using our email service, which you can find on www.lauritz.com under the menu item 'About us'. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation by email without delay.
When you win an auction you also receive a model cancellation form in the winning bid email, which you are also welcome to use. This, however, is not obligatory. You can send notification of any description with your explicit wish to cancel directly to the relevant auction house or to Lauritz' headquarters at support@lauritz.com.
Returns
If the lot is a physical good, you shall send back the good or hand it over to the Lauritz auction house where you purchased it without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. It is sufficient that within this period you have handed the item over to the post office or the transport company responsible for returning it to Lauritz. As proof that the item has been returned within the cancellation period, you can save the receipt that shows the item has been handed over to the post office or transport company in order to be returned.
You will have to bear the direct cost of returning the goods. The cost is estimated not to amount to a sum higher than the delivery costs incurred in the initial purchase.
Effects of cancellation
If you cancel purchase of an item you have bought at Lauritz, the full purchase price is reimbursed to you. This is without undue delay and not later than 14 days after the day on which we are informed about your decision to cancel this contract. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having returned the goods, whichever is the earliest. In accordance with the EU Directive on Consumer Rights introduced 13 June 2014, a buyer can return an item within the cancellation period also if the item has been used. This, however, involves a reduction in the value of the item. In the event of any cancellation, this reduction in value will be deducted from the amount you are reimbursed as a buyer. It is the auction house that determines the reduction in value.
Choice of delivery option is important for whether you will be refunded delivery costs when cancelling a purchase.
As a customer at Lauritz you have several different delivery options.
1) You can choose to have smaller items that comply with certain size and weight criteria sent by post.
2) You can choose to have larger items shipped using one of the shipping companies represented with a price quote on our website.
3) You can choose to collect the item in person or give someone else written permission to do this on your behalf, including another transport company than our contracted transport partner (Transportbyrån).
Delivery costs for a cancelled item will only be refunded if you have received the goods delivered by mail or with our regular transport partner (Transportbyrån) and if you use that same company for sending the item back to us.
Please also be aware that when a purchase is cancelled, at all times you incur the cost of the return delivery from you to Lauritz.com.
Any costs incurred by you in connection with payment by credit or debit card over the internet or bank transfer will not be refunded.
Exceptions to cancellation rights
Cancellation rights do not apply to professional dealers (when the purchase is a transaction of their business).
Cancellation rights also do not apply to sellers who have bid on their own item or to individuals in the seller's household. The seller, and individuals closely connected to the seller, already have in-depth knowledge of the item and therefore do not require the protection that cancellation rights offer bidders who have no prior knowledge of the item.
No cancellation rights apply to purchase of recreational activities like cultural events, courses, lectures, travel or experiences where the auction mentions the day or the particular period when the relevant service must take place.
Abuse of cancellation rights
Lauritz has to ensure that all auctions are ethically correct and that as a buyer at Lauritz you can place bids with the confidence that all other bids in the auction are genuine. Therefore, we cannot sustain customer relations with customers who repeatedly use their cancellation rights in such a way that a pattern becomes apparent that suggests that they did not have the express intention of standing by their bids.
Lauritz assesses in each individual case if the customer's bidding patterns are in accordance with the objectives as set out above. If we notice behaviour that represents abuse of the cancellation right, we send a formal warning that if this behaviour repeats itself we will choose not to deal with the customer anymore and deactivate the customer's account at Lauritz.
You can also find our terms and conditions and see our range of lots, news, etc. on www.lauritz.com.
Lauritz.com's conditions of sale
The following conditions apply to the sale of goods and services on www.lauritz.com.
The agreement entered into is between you and Lauritz.com A/S, Dynamovej 11C, 2860 Søborg, Denmark. Danish Central Business Register No. (CVR No.) 24994570.
Registration as a customer
To be able to sell goods and services at Lauritz.com you need to create a customer account, read and accept our conditions of purchase and sale as well as our privacy policy. You also need to provide your bank account details to receive payment for your sale.
Criteria, estimates and lot description
We only accept lawful goods and services of good quality, and where the hammer price is expected to be a minimum of DKK/SEK/NOK 800, EUR 100. Lauritz.com bases its estimates of an item on the previous sales of the same type of items, current market trends as well as the seller's expectations of the hammer price. Providing estimates is not an exact science but an indication. Ultimately, the market price is dictated by the buyers, and this price fluctuates. This means that some hammer prices will be higher or lower than the given estimate. On consignment, you must provide us with all the information you have about the item or service and when the auction starts you need to make sure that the lot description is correct. If this is not the case you must inform us in writing immediately. You are required to provide us with a photo ID (passport or driver's license) when consigning an item. If someone else is delivering your item on your behalf, in addition to their ID they are required to bring a copy of your ID and a written statement authorizing you to serve as proxy on their behalf.
Seller's commission and hammer fee
For each lot sold a seller's commission of 15% of the hammer price incl. VAT is charged as well as a seller's hammer fee of DKK/SEK/NOK 150, EUR 20 (EUR 80, DKK/SEK/NOK 600 for leasing cars). The commission and the hammer fee cover costs relating to registration, valuation, lot description, photos, display and storage during the auction period. The seller's commission, hammer fee and any costs relating to payment transfers are deducted when the seller's account is settled. The settlement is made to the bank account that is stated under your customer account. Payment is made no later than 42 days after the last day of auction or the first working day thereafter, provided that both you and the buyer have fulfilled your obligations.
Buyer's cancellation rights
If the buyer does not complete the purchase or exercises their cancellation right the lot is put on auction again in your name and without prior notice. We reserve the right to reactivate the lot at auction until it is sold. Under the EU Consumer Rights Directive, which entered into force 13 June 2014, the buyer can return an item during the cancellation period also if the item has been used. You as seller bear any loss in connection with this type of situation.
Unsold items
If the good or service is not sold, you do not pay either the seller's commission or hammer fee. Unless other arrangements have been made, Lauritz.com has the right, without prior notice, to put the lot on auction again. If the lot has already been on auction four times, it will not be put on auction again. You can be requested to collect your item within 8 days unless otherwise arranged. If your item is not collected you pay a storage fee of DKK/SEK/NOK 200, EUR 25 per week. After a further 3 weeks, we can dispose of the item or sell it in our own name to cover our costs.
VAT, etc.
You are responsible for the correct handling of matters concerning taxes, VAT, customs and duties. As a private seller of second-hand items you are normally covered by the margin scheme for second-hand goods and so do not need to be VAT registered. If you are a professional seller, shop or producer and you sell new and unused items under the normal VAT rules, to be able to sell with us you need to be VAT registered in the country where the item is being sold. If you wish to sell second-hand items for which you reclaimed the VAT at the time they were purchased, these must also be sold with VAT. Before you start selling, you need to have entered your VAT number under 'My page' – 'Personal details' on www.lauritz.com. For items sold under the margin scheme for second-hand goods, VAT is calculated based only on the commissions and fees. For items sold under the normal VAT rules, VAT is calculated based on the hammer price, commissions and fees. Regardless of which VAT rules an item is sold under, you are paid the full hammer price minus commission and fees. You are responsible for giving correct information about the good or service so we can determine which VAT rules the good or service must be sold under.
Bids and reserves
Bids are visible, but bidders are anonymous. Everything is sold at the highest bid irrespective of the estimate. You can suggest a reserve on consignment. It is up to the auction house, per our general guidelines, to decide whether a reserve can/should be used for a good or service. As a seller, you may not bid on your own lots. We reserve the right to delete bids if we consider the bidding not to be in accordance with our guidelines.
Interrupting an auction and disclaimer of liability for technical problems
If the auction has started the good or service cannot be withdrawn from auction. However, we reserve the right to withdraw a good or service from auction, prolong an auction, or restart an auction if we consider it to be appropriate, for instance, due to suspicion of interference, error, technical difficulties or well-founded doubt about property rights. We are not responsible for delays, disruptions or technical/internet problems of any description, even if these are due to Lauritz.com's computers or technical conditions.
Faults and complaints
The Danish Sale of Goods Act applies. As we are solely the commission agent and/or intermediary, it is ultimately you who have to honour all compensation and claims under consumer law. If the buyer makes a claim against us, we can withhold the item or your payment. If the buyer makes a claim after you have received your payment, at our request us you are required to pay portion of the payment that is necessary to cover the buyer's claim. If this claim exceeds the amount of the payment you received, you must also pay us the remaining balance. If the sale is executed as a part of your business activities, you bear the full responsibility for the buyer's claims, including compensation claims, unless the claims can solely be attributed to wrongful behaviour on the part of Lauritz.com. The same applies to product liability. You are additionally obliged to refund expenses we may have incurred in retrieving the item in connection with the buyer's annulment of the purchase.
Legal title
You guarantee that you hold the absolute right of property to the items submitted and that these are free from third-party rights and claims. You can only consign items in your own name or with written authorization from the owner. On consignment, we register the seller's name and address. You provide Lauritz.com authority to collect necessary permissions that may be required in connection with the sale under relevant legislation.
Insurance
The Danish Insurance Contracts Act applies in case of fire, theft, or water damage etc. to a lot in our care. This means that cover has to be provided by your home insurance or insurance of goods policy if items held by a third party are covered. If this is not the case, the item is normally insured by us. Compensation amounts to a maximum of the estimate with commission and hammer fee deducted. However, if at the time of the damage the highest bid or hammer price for the lot is higher than the estimate this may be taken into account in setting the level of compensation. If the lot is subject to the normal VAT rules, potential compensation may be set equalling the lot's cost price, though not exceeding 50% of the lot's estimated retail price.
Your personal details
As a customer of Lauritz.com, it is important, and it is your own responsibility, to ensure that your personal information is correct and complete, including your email address and your bank account details. You can always make any necessary corrections on 'My page' – 'Personal details'. Read more about how we store and protect your personal information in our privacy policy. Lauritz cooperates with the police. Therefore, Lauritz supplies customer information to the police to the extent necessary to assist the police in their enquiries.
Amendments to the conditions
We reserve the right at any time to make additions or alterations to the conditions of sale. You will be informed about any changes the next time you log in to www.lauritz.com, at which time you will be asked to accept the changes before you continue.
Choice of law and disputes
Unless otherwise specified by the law, which cannot be derogated from by contract, disputes between Lauritz.com and the seller are subject to Danish law and are to be settled by the City Court of Copenhagen according to the Danish Administration of Justice Act, including the rules on appeal. In cases concerning consumer contracts, the rules of jurisdiction of the Danish Administration of Justice Act apply. See more on www.lauritz.com.