Auction Terms and Conditions
Auction Terms and Conditions
Updated as at January 2019
All auctions conducted by Campen Auktioner A/S are governed by Danish law.
To place a bid at the auction, you must first register as a customer. In order to register as a customer, you must state your name, address, telephone number and email address. Invoices are issued to the customer based on the information provided in connection with the customer registration. If the customer requests to amend this information after the fall of the hammer, an administration fee of DKK 750 (plus VAT for bidders residing in Denmark) will be charged.
Campen Auktioner A/S reserves the right to verify users upon registration, including telephone number, address, CVR no., etc. Campen Auktioner A/S may at any time and without reason freeze a user's bidder account and exclude the user from any further buying or selling via Campen Auktioner A/S.
You cannot disclose or reveal your login or password to others. Campen Auktioner A/S is not liable for any loss caused by unauthorised use of your account or for purchases made in your name, if such purchase is due to insufficient protection of your login or password, or if you have not logged out of your user account with Campen Auktioner A/S. You are obliged to ensure that others do not have access to your bidder account, e.g. due to the fact that you have not logged out, and you are responsible for any loss resulting thereof.
When registering as a customer you agree that you will not use any automatic or manual methods to copy or monitor our website. In addition, you agree that you will not take any action that will impose an excessive burden on our systems. When registering as a customer, you agree not to copy, mention, amend or make derivative products from our website without explicit written consent from Campen Auktioner A/S.
2. The auction premises
All persons enter the auction premises at their own risk.
3. Condition of the goods
All gods are sold "as is".
Campen Auktioner A/S offers goods for sale on behalf of third parties, and Campen Auktioner A/S thus only acts as an intermediary. Thus, ownership of the goods sold by Campen Auktioner A/S belongs to a third party and not Campen Auktioner A/S, due to which Campen Auktioner A/S cannot be held responsible for any errors or defects etc. related to the goods purchased.
Limitation of liability: In addition, no liability of any kind may be claimed towards the auction house, the auctioneer, the applicant or the bankruptcy court.
This applies to liability for performance, condition, lawfulness, specifications of measures, weight, dimensions, age and description.
The goods may be defective, faulty, restored or damaged, which is not necessarily specified in the catalogue description. Photos in a catalogue or on the website are solely for identification purposes and cannot be used to determine the state of an item. Campen Auktioner A/S recommends and encourages any interested parties to inspect the items in order to determine the state and quality of a specific item.
Campen Auktioner A/S does not make performance tests or other checks of the goods. Any specification of numbers is approximate, and there may be a deviation of +/- 10% compared to the estimate.
Campen Auktioner A/S disclaims liability for errors and omissions in the catalogue and in the addendum to the auction terms and conditions.
Campen Auktioner A/S reserves the right to remove goods from the auction, extend the auction or to repeat the auction in case of suspicion of misuse, errors, technical aspects, etc. Campen Auktioner A/S is not liable for any delays, interruptions or technical problems of any kind.
5. Pallets and pallet frames
The sale does not include pallets and pallet frames.
6. The risk for the goods
The risk for the goods passes to you at the end of the auction.
7. Premium and fees
To the bidding price must be added a buyer's premium of 16% to the bidding price, however, as a minimum DKK 100 per unit for online auctions + 25% VAT for customers living in Denmark. In addition, a declaration fee of 3.7% of the bidding price is charged. Example: A bidding price of DKK 1,000 + buyer's premium of 16% = DKK 1,160 + declaration fee of 3.7% = DKK 43, in total DKK 1,203 + 25% VAT = DKK 1,503.75. Certain items are exempt from VAT on the bidding price, but is still subject to TAX on the premium and declaration fee.
In case of online and special auctions, the premium may deviate from the example above, and this will appear from the terms and conditions for each auction and on Campen Auktioner A/S' website, www.campenauktioner.dk.
For goods eligible under the auctioneers' margin scheme (e.g. passenger cars, caravans and antiques), VAT is charged only on premiums and fees. The catalogue states or the auctioneer announces whether goods are exempt from VAT. For goods sold under the general VAT rules, VAT is chargeable on the hammer price, premiums and fees.
9. VAT and foreigners
A buyer residing outside Denmark must pay VAT but may obtain a VAT refund provided that the buyer within 14 days of the auction day provides proof of export. Upon receipt of such proof, Campen Auktioner A/S may issue an export invoice exclusive of VAT to the buyer. The VAT amount paid will then be reimbursed to the buyer, who will receive a credit note for the original invoice.
Goods purchased online are paid by bank transfer to [insert account information] or via IBAN/SWIFT [insert IBAN/SWIFT].
In case of non-payment of the invoice at maturity, the claim will be handed over to debt collection without notice.
11. Transfer of ownership
Ownership of the goods passes to you when your payment has been registered in Campen Auktioner A/S' account. Campen Auktioner A/S reserves the right to retain goods until payment has been registered in our account.
For any sale of vehicles, cars, boats, motorcycles and the like, the registration certificate will be issued only after your payment has been registered in Campen Auktioner A/S' account.
No goods can leave the auction area until they have been paid. Thus, a receipt for the goods must always be presented upon delivery.
Goods must be collected within the collection times and at the collection place stipulated unless otherwise agreed. Goods that have not been collected within the hours of collection will be removed at the buyer's expense. Campen Auktioner A/S reserves the right to sell any uncollected goods by private treaty or voluntary auction. In both such instances, the sale will be conducted for the buyer's account, and the buyer is liable for any resulting losses but has no access to any potential profits.
The buyer must arrange for collection and dismantling/dismounting as directed by Campen Auktioner A/S. Any assistance rendered by Campen Auktioner A/S' staff in the handling and loading of goods is at the buyer's responsibility and risk. Any damage to the goods in this connection will thus solely be the buyer's risk. In the event of damage to buildings, such buildings must be re-established at the buyer's expense. It is for the buyer to ensure that the dismantling of electricity, gas, water, heating and drains is undertaken in accordance with applicable rules and legislation.
If a purchased item is not collected within the hours of collection, and no agreement for later collection has been made, an amount of DKK 100 +VAT will be charged to you as the buyer per item per week or fraction of a week. Larger items like vehicles or caravans are charged with DKK 250 + VAT per item per week or fraction of a week. In addition, a handling fee may be charged. Any uncollected goods to be brought to a disposal site will be handled at the buyer's expense.
14. Use of goods
Before using the goods purchased, the buyer is fully responsible that these goods meet the statutory requirements. Furthermore, it is the buyer's full responsibility to obtain any licences required in order to use various software/patents etc. from the relevant licence holders.
Any incidents of theft will be reported to the police.
16. Right of cancellation
There is no right of cancellation when the purchase is made as part of commercial activities.
Private individuals have a 14-day cancellation right for purchases made at our online auctions.
The right of cancellation expires 14 days after the date, on which you or a third party designated by you take physical possession of the goods.
In case of FOAL and HORSE auctions, the seller is considered to have the foal in its possession on your behalf from the time when your payment has been registered in Campen Auktioner A/S' account. Your 14-day cancellation right thus runs from this point of time in case of foal auctions.
If the right of cancellation expires on a public holiday, a Saturday, a Sunday or the Danish Constitution Day (5 June), you can wait until the following business day.
To exercise the right of cancellation, you must notify Campen Auktioner A/S of your decision to cancel your purchase in an unambiguous statement (e.g. in a letter sent by post, fax or email). You can use the standard cancellation form, which is attached to your purchase invoice. The standard cancellation form can also be downloaded here.
The deadline for cancellation has been met if you send your notification about the exercise of the right of cancellation before the deadline for cancellation has expired.
You cannot cancel the purchase by refusing to collect the goods without notifying Campen Auktioner A/S that you request to cancel the purchase.
If you exercise your right of cancellation, we will refund all payments received from you (the purchase price) without undue delay and in any event no later than 14 days from the date when we received notice of your decision to withdraw from this agreement. Refunds will be made with the same means of payment that you used in the initial transaction, unless you have expressly consented otherwise. In any event, no charges of any kind will be imposed on you as a result of the refund.
We may withhold the refund until we have received the goods or you have presented evidence of having returned the goods, whichever is the earliest.
You must return the goods or hand them over to us without undue delay and no later than 14 days after the date on which you have notified us about the exercise of the right of cancellation set out in the agreement. The deadline has been observed if you return the goods before expiry of the 14-day period.
You must pay the direct costs related to the return of the goods.
You are liable for any reductions in the value of the goods caused by other handling than what is necessary to determine the nature, quality and function of the goods. This means that you can test the product in the same way as if you tested it at a physical auction. Thus, you cannot start using the product. If the product is tested in addition to the above description, you will only receive a share or nothing of the purchase price, depending on the market value of the product.
The right of cancellation does not apply to goods, which due to their nature are inseparably mixed with other goods, or to sealed sound and picture recordings or computer software, of which you have broken the seal.
Depending on the specific circumstances, the rules on non-conformity in the Danish Sale of Goods Act may apply.
Any appeal regarding Campen Auktioner A/S may be submitted to the Danish Consumer Complaints Board. Further information is available at www.forbrug.dk.