AUCTION TERMS AND CONDITIONS
Updated by 18th of September 2018
All auctions conducted by Campen Auktioner A/S are governed by Danish law.
In order to place a bid at our auctions, you need to be registered as a customer with us. You can either register online or in person at the entrance on the auction day. Final customer registration is subject to the customer presenting valid personal identification. Invoices to the winning bidder are issued based on the information provided upon customer registration. If a customer wishes to change this information after the fall of the hammer, an administration fee of DDK 750 (plus VAT for bidders resident in Denmark) will be charged. The bidding number card must be returned to the auction office when you leave the auction. If you fail to do so, you will be charged a fee of DKK 750.
Campen Auktioner A/S reserves the right to verify the customer information provided upon registration, including telephone number, address, CVR no., etc. If Campen Auktioner A/S finds that insincere users are registered in our system, Campen Auktioner A/S reserves the right to exclude such users.
2. Entrance fee
An entrance fee of between DKK 30 and 100 is charged for entry into the auction premises. The entrance fee includes bidding number card, auction catalogue and a pen.
3. The auction premises
All persons attending an auction are on the land and premises at their own risk.
4. Absentee bids
If you are unable to attend the auction on the auction day, you may place an absentee bid. You can do so at Campen Auktioner A/S’ website www.campenauktioner.dk before the closing time stipulated for each auction. Absentee bids may also be submitted on the auction day either over the telephone or at the auction office on the auction day. Campen Auktioner A/S will then make a bid on behalf of the highest absentee bidder until such time that this bid either has won the auction or a higher bid has been placed. The bidder in the auction room will always have the right of first refusal. For instance: If an absentee bidder has made an online bid of DKK 1,000, and a bid of DKK 1,000 is made by a bidder at the live auction on the auction day, the bid submitted in the auction room will always win the auction. Please note that the bid is binding, and there is no cooling-off right. Only the winning bidder will be notified of the outcome by email or telephone, on the first working day after the auction at the latest. Absentee bidders should be aware of our collection and payment terms and conditions.
5. Discrepancies concerning bids
If any disputes should arise during the auction as to the highest bid, the auctioneer has the discretion to decide whether to re-auction the lot. Any other disputes will be handled by the auction manager immediately after the closing of the auction.
6. Coverage of risk of goods
From closing of the auction, the risk of the goods purchased is passed to you.
Campen Auktioner A/S disclaims liability for errors and omissions in the catalogue and in the addendum to the auction terms and conditions.
8. Pallets and pallet frames
The sale does not include pallets and pallet frames.
9. The risk for the goods
After the fall of the hammer, the risk for the goods passes to the buyer.
10. Transactions at the auction premises
All transactions conducted at the auction premises must be registered with Campen Auktioner A/S and are subject to a buyer’s premium pursuant to Campen Auktioner A/S’ auction terms and conditions.
11. Transfer of ownership
The ownership of the purchased goods passes to you when payment is registered by Campen Auctioner A/S. Campen Auctioner A/S reserves the right to withhold goods until the full amount has been paid and registered in our account.
As regards sales of vehicles, cars, boats, motorcycles and the like, the registration certificate will be issued only when your payment is registered in Campen Auctioner A/S’ account.
For goods eligible under the auctioneers’ margin scheme, VAT is charged only on the buyer’s premium and fees (e.g. private motor cars, caravans, antiques).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, buyer’s premium and fees.
13. VAT and foreigners
A buyer residing outside of 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 bidder. The VAT amount paid will then be reimbursed to the bidder, who will receive a credit note for the original invoice.
The goods must be paid in cash, by cheque or credit card on the auction day. If you pay by credit card and cheque, you are required to present photo ID. Please note that if you pay by Mastercard, a fee of 1.25 % is charged on the transaction amount. If so agreed in advance, payment may be made by bank transfer directly into our account. Bank transfer via IBAN/SWIFT is available to foreign buyers immediately after the auction. If you wish to make a bank transfer on the auction day, you are welcome to use our computers.
15. The passing of title to the goods
Campen Auktioner A/S reserves the right to retain goods until payment has been registered in our account. In the event of payment by cheque or credit card, title to the goods does not pass to the buyer until the payment has been redeemed in cash.
Sales condition of vehicles, cars, boats, motorcycles and the like, states that the registration certificate will be issued only after the money has been transferred and confirmed received at the bank account belonging Campen Auktioner A / S.
16. Cancellation right
There is no cancellation right when the purchase is made as part of commercial activities.
Private individuals have a 14-day cancellation right when they purchase at our online auctions.
The cancellation deadline 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 behalf of you from the time when your payment has been registered in Campen Auktioner A/S' account. Your 14-day cancellation right thus runs from this time in case of foal auctions.
If the cancellation deadline expires on a public holiday, a Saturday, a Sunday or Constitution Day, you can wait until the following business day.
To exercise the cancellation right, you must inform 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 e-mail). You can use the standard cancellation form which is attached to your purchase invoice. The standard cancellation form can also be downloaded here.
The cancellation deadline has been observed if you send your notification about the exercise of the cancellation right before the cancellation deadline has expired.
You cannot cancel by refusing to collect the goods without informing Campen Auktioner A/S that you will cancel the purchase.
If you exercise your cancellation right, we refund all payments received from you (the purchase price) without undue delay and in any event no later than 14 days from the date on which we received notification of your decision to withdraw from this agreement. We perform such refund with the same means of payment that you used in the initial transaction unless you have expressly consented otherwise. In any event, no forms of charge are 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 from the date on which you have informed us about the exercise of the cancellation right set out in the agreement. The deadline has been observed if you return the goods before the expiry of the 14 days.
You must pay for the direct costs in connection with the return of the goods.
You are liable for any reductions of the value of the goods owing to other handling than what is necessary to determine the nature and properties of the goods and the way they function. This means that you can test the product in the same way as if you tested it in a physical auction. You may thus not 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 fair value of the product.
The cancellation right does not apply to goods which due to their nature are inseparably mixed with other goods or sealed sound or picture recordings or computer software of which you have broken the seal.
Goods must be collected within the collection times 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 has the right at its discretion to sell uncollected goods by private treaty or voluntary auction. In both such instances, the sale will be conducted at the buyer’s account. The buyer is liable for any resulting losses but has no access to any potential profits. In the event of non-payment, collection proceedings will be initiated without further notice.
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 risk. Damage to the goods occurring in this connection will be for the buyer’s risk. In the event of damage to buildings, such buildings must be re-established. 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 an item bought is not collected within the time of collection, and no agreement for later collection has been made, an amount of DKK 100 will be charged per day per item/pallet. Furthermore, Campen Auktioner A/S may charge a handling fee. Uncollected goods to be brought to a disposal site will be handled at the buyer’s expense.
18. Use of goods
Before using any items bought, the buyer is under an obligation to ensure that the material meets the statutory requirements. Furthermore, it is the buyer’s full responsibility to obtain from the relevant licence holder any licences required in order to use various software/patents etc.
All incidents of theft will be reported to the police