1. Introduction and background
These auction and membership terms and conditions (the"Conditions") apply between you as a private person or you as a company or other juridical person (the "Customer"/"you") and KVD Kvarndammen AB, corporate registration number 556746-1180 ("KVD"). In approving the terms, you or the company or other juridical person that you represent become a registered member of KVD,
The Conditions apply for the Customer's membership of KVD for use of KVD's website www.kvd.se and associated pages (the "Website"), as well as for services, such as the opportunity to submit bids, which KVD provides on the Website (the "Services"). If the Customer does not accept to be bound by these Conditions, the Customer may not use or gain access to the Services. If a Customer chooses to exercise its right to buy an auction object after a completed and won auction on the Website, this purchase always occurs on KVD's premises. Separate conditions apply to such purchases. These general purchase conditions are attached to these Conditions for information.
2. KVD's role and the client
KVD has more than 15 years' experience of selling vehicles and other property at auction. Bidding occurs on the Website. KVD values and sells property in its own name but on behalf of others, such as vehicle fleet owners, finance and insurance companies, companies, bankruptcy administrators, the state, local authorities, other authorities and private individuals. Like all other auction companies, KVD's role, against commission, is to convey property from the companies and authorities etc. (the "Clients"), which commission KVD to sell vehicles and other property, to buyers. KVD never sells on its own behalf and never accepts purchasing assignments.
The Customer registers, so as to be able to use the Services, by filling in a registration form on the website. If a company or other juridical person is registered as a Customer, there must also be a physical person with the authority to commit the company to the Conditions registered as a contact person.
Registration on the Website as a Customer is free of charge. After entering the information on the Website, the Customer receives a user account. An activation code is sent by e-mail. KVD refers the Customer to customer service if the Customer need any assistance. The Customer must state correct personal data and contact information and keep the information updated. The Customer is liable for incorrectly completed information. Information about how KVD handles personal data may be found in KVD's Integrity Policy, which forms an integral part of these Conditions.
The Website is not available to, and must not be used by, persons under the age of 18 or persons whose legal ability to act is limited for other reasons or whose status as Customer has been temporarily or finally closed by KVD.
The Customer is liable for all action taken while logged on using the Customer's name and password. The Customer is only entitled to use the Service by using its own log-on name or e-mail address and password. The Customer must ensure to the best of its ability that the password is kept confidential and does not become known to any unauthorised person. Neither may the Customer permit, directly or indirectly, any unauthorised person to use its log-on name, e-mail address or password. The password must be changed immediately is there is reason to suspect that the information has been disclosed or in any other way misused. The Customer must also notify KVD immediately if there is any suspicion that an unauthorised person knows the Customer's password. The Customer's own log-on name (so-called "alias") may not in any way be perceived as offensive or be formulated in a way that might disrupt the auction.
If KVD suspects that the Customer is misusing its user account or log-on information or is otherwise in breach of the Conditions, KVD is entitled to block the customer's access. KVD is also entitled to allocate the Customer new log-on information, for any reason.
KVD is not liable for any losses caused as a result of unauthorised use of a Customer's log-on information or user account unless due to KVD's negligence.
4. Auctions, bidding and buyer's fee
The auction object is put up for sale via online auction on the Website. Tests and descriptions of Auction Objects that are put up for sale are always in accordance with KVD's templates and system and in accordance with appropriate parts of the Conditions. All Auction Objects are sold in existing condition and more information about this may be found in KVD's general purchase conditions.
4.1 Online auction
KVD's online auctions are held throughout the week on the Website. KVD may from time to time offer various Services and the opportunity to make bids and participate in bidding, as well as other possible services. The services may be free of charge or they may be associated with fees of various kinds. If a Service has an associated fee, this is stated on the Website. The conditions for bidding on the website are given below.
Bidding on the Website is completely open and may be followed by all. To be able to bid, the Customer must first register as a member according to these conditions. A Customer wishing to participate in bidding on the Website may do so if it complies with the Conditions and undertakes to follow KVD's rules and directions. If a customer regrets a bid and wants to remove the bid, the Customer is required to send this request via e-mail to firstname.lastname@example.org. The Customer is only allowed to remove bids up to six hours before the auction countdown starts. It is not permitted to participate in bidding on the Website for objects submitted oneself nor to manipulate bidding in any way, such as through a representative. Anyone making a bid on another's behalf accepts full responsibility for completing the purchase, since making a bid means participation one one's own account.
KVD reserves the right to remove an Auction Object from the Website during the course of bidding.
A Customer may log on and make a bid in an auction on the Website at any time until the auction closes. It costs nothing for a Customer to make a bid. A Customer wishing to make a bid must follow the instructions on the Website.
For each object that is the subject of an auction (Auction Object") there is a stated time at which the countdown for the auction starts. If a new bid is made within approximately 3 minutes and 30 seconds of this time, the auction continues and the auction time is extended by a further 3 minutes and 30 seconds, approximately. When no bids have been submitted for approximately 3 minutes and 30 seconds, the auction is closed. The end of the auction is thus moveable and cannot be predicted. Information about ongoing auctions and preliminary closing dates may be found on the Website.
A Customer who wins the bidding in accordance with these Conditions must pay a buyer's fee for the Auction Object in accordance with the principle and the amount stated on the Website. The buyer's fee may vary in size depending on the type of Auction Object. A Customer must pay the buyer's fee, even if the purchase of the Auction Object is not completed for any reason. The buyer's fee applying for every Auction Object is given on the Website, under the bidding tab. Payment of the buyer's fee is in accordance with point 6 below. The purchase of the Auction Object always occurs at KVD's premises. Payment of the purchase fee is not therefore to be perceived as a binding purchase of the Auction Object.
4.2 Transport-free auction (direct auction)
Certain Auction Objects are sold via a so-called transport-free auction (direct auction). This means that the Auction Object remains with the Client and is handed over by the Client to the Customer who buys the Auction Object.
With transport-free auctions, the same auction conditions and payment routines apply as for KVD's other Auction Objects, i.e. including the conditions in point 4.1 above.
5. Reserve Price
For Auction Objects, there is often a minimum price for which the Client is willing to sell the Auction Object (the "Reserve Price"). The Customer should make a bid that corresponds to the highest amount that the Customer is willing to pay for the Auction Object. KVD recommends that Customers take into account the condition described when making bids.
6. End of auction
The highest stated bid wins. If an auction ends with two bids of the same amount, the bid that arrived at the Service first wins. In the event of a dispute regarding the bidding, KVD alone and finally decides which bid takes precedence. If the Reserve Price has not been achieved, the Client is entitled to either put the Auction Object up for sale again without prior contact with the winning Customer or accept the highest bid. In many cases this means that negotiation occurs and the Customer is normally contacted within 24 hours. If the Reserve Price is achieved (which is shown as "Yes" under the object view on the Website), the Customer has the right (option) to purchase the Auction Object at the agreed price.
A Customer who wins the bidding must pay a buyer's fee for the Auction Object in accordance with the principle and the amount stated on the Website. The buyer's fee may vary in size depending on the type of Auction Object. A Customer must pay the buyer's fee, even if the purchase of the Auction Object is not completed for any reason. The Customer must also pay the buyer's fee even if the Customer does not come to inspect the Auction Object on site by the stated/agreed time. The buyer's fee applying for every Auction Object is given under the object view on the Website.
After the auction, KVD contacts the winning bidder by e-mail or telephone to confirm the bid. At the same time, KVD and the highest bidder agree times for entering into a purchase agreement, paying a deposit etc. The Customer and KVD (or the Client) enter into a binding purchase agreement at KVD's premises after the auction. KVD's applicable general purchase conditions are attached to these Conditions for information and will be available for review by the Customer at the time of entering into the purchase agreement. Consequently, winning the bidding does not mean that KVD or the Client has finally accepted the Customer's bid to purchase the Auction Object. Such final acceptance occurs when entering into a purchase agreement at KVD's premises after the auction. Purchase conditions are available on the website and at KVD's facilities.
Winning bidders are responsible for answering their telephones and reading their e-mail after the end of the auction. In cases where KVD cannot contact the winning bidder no later than the working day following the auction, in spite of repeated attempts, KVD is entitled to collect the buyer's fee and offer other bidders the chance to buy the Auction Object, unless otherwise agreed.
7. Right to withdraw for consumers
What is stated in this point 7 applies only to consumers.
According to current consumer legislation, consumers are entitled to withdraw form the purchase up to fourteen (14) days from the date on which an agreement on a service is entered into. However the right to reply does not apply in cases that refer to a service that has been completed, if the consumer has consented to the performance of the service beginning and has agreed that there is no right of withdrawal when the service has been completed.
By logging onto the Website during the deadline for withdrawal and utilising a service, by making a bid for example, the consumer completes such a service. By using the Service and approving these Conditions, the Customer agrees that there is no right of withdrawal once the Service has been completed.
If the Customer wishes to use the right of withdrawal before beginning to utilise the Service, the Customer must contact KVD using the contact information on the Website.
If a Customer is in breach of the provisions of these Conditions or if KVD has reason to suspect that the Customer is in breach of the provisions of the Conditions, KVD may of its own accord and without previously notifying the Customer: (i) terminate the Customer's user account and/or (ii) limit the Customer's right to use the Website by preventing log-on and/or (iii) block access to the Website.
9. Typographical errors and any technical problems
KVD cannot be held responsible for any typographical errors on the Website. Neither can KVD guarantee that all pictures exactly reflect the real appearance of the Auction Object.
KVD has the right to refrain from selling, ignore bids from certain bidders or decide whether bidding is to be performed again because of unclear points regarding the last bid, technical problems, typographical errors or other reasons. In the event of technical problems or failure on the Website that mean that correct bidding cannot be performed, KVD reserves the right to finally decide that the auction is to be stopped and repeated at a later time. In such a case, the bidders in question are notified.
KVD cannot unfortunately guarantee that the Website will be free of faults and disturbance, that faults will be rectified or that the Website or the servers that facilitate the Website are free of damaging components. KVD is not liable for damage or loss or consequential damage that may be caused to the Customer or Client due to technical faults, communication problems or similar circumstances.
The Website may be subject to operational disturbances as above. KVD reserves the right to postpone the time and date of the end of an auction after unexpected disturbances, including, but not limited to, faults in the internet connection with the server, computer infringement or service interruptions by suppliers. Thus KVD is not liable for any overloading of the Website or its consequences. KVD is not therefore liable if a bid is not registered, contact is not established after bidding, the wrong bidder is contacted or if the Auction Object is sold to someone other than the highest bidder. Furthermore, KVD cannot accept responsibility for faults or damage that arise as a result of incorrect or unauthorised use of a user account or password.
Neither is KVD liable for damage, loss or consequential damage that may be caused to the Customer or Client because the Reserve Price noted in KVD's internal system is incorrect or has not been approved by the Client, with the consequence that the auction must be performed again.
The above does not however apply in the event of gross negligence or intent. This waiver does not limit KVD's liability pursuant to unavoidable legislation.
10. Specific limitation of liability
What is stated in this point 10 applies to business customers and consumers to the extent that the point may be considered to correspond to appropriate law.
KVD is not liable for direct or indirect damages that may be caused to a Customer. This limitation does not however apply in the event of gross negligence or intent. KVD's liability is further and under all circumstances limited to a sum corresponding to what the Customer has paid or should have paid for the Services that KVD provided to the Customer.
Notifications from KVD to the Customer are found on the Website and/or sent to the e-mail address that is registered on the Website. Notifications from the Customer to KVD must be sent in the way stated on the Website. Notifications on the Website are deemed to have been sent to the Customer as soon as the notification is made accessible.
Notifications sent by e-mail are deemed to have been sent to the other party immediately after sending. Notifications sent by ordinary post are deemed to have arrived with the other party three (3) days after sending.
12. Agreement period
These Conditions enter in to force when the Customer has registered on the Website and apply until further notice. A Customer who has been excluded from the Website as a result of breach of the Conditions is not entitled to re-register or use the Website or Services via another Customer's log-on with out KVD's prior written consent. KVD is entitled, as it thinks best, to decide to cease to provide the Website and Services or parts of these.
The Customer is entitled to terminate its membership of KVD. In the event of termination, the Conditions continue to apply to such actions, for example bidding, that the Customer performed before termination.
13. Intellectual property rights
The Website and the Services, their content and all intellectual property rights that protect these are owned by KVD. The Website and its content are protected by copyright and database protection (catalogue protection). Unauthorised use or copying of all or part of the Website and Services may represent illegal infringement of intellectual property rights and may result in liability for damages.
KVD, Kvarndammen and its related logos and logotypes represent KVD's brands. Use of the brands may only occur after KVD's written approval and, after such approval, only according to KVD's instructions.
KVD is entitled to assign the agreement that is regulated by these Conditions between KVD and the Customer including, but not limited to, all or part of the associated rights and/or obligations to a third party. In the event of such assignment, KVD will advise who has taken over the Conditions, rights and/or obligations after the assignment by means of notification on the Website or by e-mail. If KVD assigns the Conditions to a third party, the third party is then entitled to provide the same or similar services on another website. A Customer may not assign its rights and obligations according to the Conditions to a third party.
15. Amendments to the Conditions
KVD may amend the Conditions, the Services and the prices for these, as well as the content of the Website, from time to time. In the event of significant changes to these Conditions, the Customer will be informed before logging onto the Website. This does not apply however if the change relates to amendments to legislation, statutes or the decisions of the authorities, if the change must be made immediately.
Unless KVD and the Customer agree otherwise, amendments some into effect thirty (30) days after the Customer has been informed of the amendment. If the Customer does not wish to accept changes in the Conditions or Services, including price changes, the Customer is entitled to terminate the agreement for access to the Website with immediate effect. In such case, the Customer will no longer have the possibility of logging on and using the Services and membership ceases. Such termination must be done by the Customer before once again using the Website. KVD recommends that the Customer stays regularly updated on the Website in order to be aware of any changes in the Conditions.
16. Supplementary services: finance, insurance, transport etc.
KVD offers information about a number of supplementary services. More information may be found on the Website under the tab "Other services and offers", as well as in information about each Auction Object. The suppliers are entirely responsible for these supplementary services and the Customer signs an agreement with each appropriate supplier separately. KDV only provides information about such services. KVD is not therefore responsible for the content of this information or the respective suppliers' fulfilment of applicable legislation or their undertakings.
17. Applicable law and disputes
Disputes regarding the interpretation or application of these Conditions and the Website in general must be interpreted in accordance with Swedish law and should in the first instance be resolved by negotiation between the parties if possible. In the event that the parties are unable to agree, the dispute will be resolved in the Swedish courts.
These Conditions were determined by KVD on --