AUCTION TERMS OF SALE
1. NATURE AND SCOPE OF THE ASSIGNMENT
Holmasto, as the recipient of the assignment, undertakes to auction the items received in Finland on behalf of the principal (seller) in the online auctions operating on the company’s website. The seller must register with Holmasto and provide all the information according to Holmasto’s routines, before he can sell items in Holmasto’s online auctions. If the registered information changes, the seller must notify Holmasto of the changes themselves. Holmasto reserves the right to refuse to register data or to remove data from the register without giving a reason. “Holmasto” refers to the company Rahaliike Holmasto next to Mynthandel Ky. Unless otherwise agreed, Holmasto has the right to sell the items left for sale using the auction format deemed suitable by Holmasto (hammer auction or online auction) and to market the items in other ways than through the marketplace. Unless otherwise agreed, Holmasto has the freedom to sell the object left for sale in the auction that produces the best result in Holmasto’s estimation and at a time Holmasto deems suitable. Holmasto has the right to change the time of the auction or cancel the auction. Holmasto charges a sales commission (15%, but at least €20) and an object-specific processing and photography fee of €20. Holmasto’s contact information is Holmasto, registration no. FI-0888544-8, Aleksanterinkatu 50, 00100 Helsinki, email: laskutus@holmasto.fi phone: +358 9 666 500.
2. LEAVING AND RECEIVING THE TARGET
Items submitted for sale will be examined during listing. Only after such an examination does Holmasto decide whether to accept the items for auction sale. The seller guarantees that he has absolute title.
3. STORAGE AND INSURANCE RESPONSIBILITY
Holmasto keeps the objects insured from the moment they are received, for example in case of burglary, fire, or water damage, as well as theft, for a value corresponding to the minimum price of each object minus sales fees or a value corresponding to the hammer price minus sales fees. Unless a minimum price has been determined or if it is an evaluation order, Holmasto’s preliminary price estimate is applied. Damage caused to an object by a party responsible for Holmasto will be compensated if Holmasto or a party responsible for it has acted negligently. Holmasto is not responsible for minor damages caused to the item during displays or processing. Holmasto has the right to repair the damage caused to the object instead of paying compensation, if Holmasto deems it appropriate. Holmasto is not obliged to compensate the seller for damage, the amount of which exceeds the above-mentioned insurance value or the minimum price minus sales fees. If Holmasto pays compensation for the object to the seller, the ownership of the object is transferred to Holmasto and Holmasto has the right to take possession of it. Holmasto charges the insurance fee according to the valid price list.
4. OBJECT DESCRIPTION AND STARTING PRICE
Unless otherwise agreed, Holmasto decides on the photos and description presented in connection with cataloging and marketing, as well as the minimum price to be determined for the product. The minimum price is set in accordance with good practice in the industry. The minimum price is only an estimate of where to start bidding. The final sale price of the object can be significantly higher than the starting price, but not lower. It is the responsibility of the seller to find out according to which description the object is sold, and to point out to Holmasto any errors he has noticed in the description. Holmasto is not responsible for incorrect or incomplete cataloging information as long as the information is not essential.
5. SALES CURRENCY
The evaluation, sale and payment of items received for sale are done in euros (EUR). The currency of all destination-related payments is also the euro (EUR).
6. CANCELLATION OF SALES ORDER
The seller has the right to cancel the sales order, unless the item has been published yet. A fee according to the valid price list is charged for canceling a sales order. If the seller has not picked up the item by the deadline announced by Holmasto, Holmasto has the right to charge a storage fee according to the valid price list as well as the costs of transportation and storage to an external warehouse. Storage takes place at the seller’s expense and risk. Holmasto has the right to hold the item as collateral if Holmasto has receivables from the seller. Cancellation of a sales order must be made in writing.
7. ITEMS REMAINING UNSOLD
The seller must pick up the unsold items no later than five (5) days after the end of the auction. At the seller’s request, Holmasto can take care of home delivery of the item at the seller’s expense. If the item is not picked up or home delivery is not requested within the deadline, and the seller does not notify Holmasto within the same time frame of suspending the sale procedure, Holmasto has the right to auction the item again. In this case, Holmasto also has the right to lower the minimum price at Holmasto’s own discretion. If Holmasto does not intend to auction the item again, the seller must be notified by post or email. If, after Holmasto has sent such a notification, the seller has not picked up the object by the deadline stated by Holmasto, Holmasto has the right to charge a storage fee according to the valid price list as well as the costs of transportation and storage to an external warehouse. Storage takes place at the seller’s expense and risk. Holmasto also has the right to donate an unsold item to a charity, if the following conditions are met: no one has submitted an offer for the item, the item’s original minimum price was no more than 150 euros, the item has not been picked up or requested to be taken home within the time specified above, and the seller has not notified Holmasto within the same time frame coming to pick up the object. If the object has not been sold, Holmasto has the right until the object is picked up to resell the object using the method it deems best, on the condition that the sale takes place at a price whose minimum quantity corresponds to the agreed minimum price. If the item has not been picked up within three (3) months after the seller has been urged to pick up the item, and the invitation states that the item may be sold after a certain period of time, Holmasto has the right to sell the item in accordance with the law on the trader’s right to sell unclaimed items (688/ 1988). In this case, Holmasto decides the acceptable price. Holmasto has the right to withhold compensation from the sales amount of such sales to cover storage and transportation costs. After deductions, any surplus is credited to the seller. If Holmasto does not succeed in selling the item and the original starting price of the item is not higher than 150 euros, Holmasto has the right to donate the item to a charity.
8. RIGHT OF CANCELLATION
Sales through Holmasto are subject to the Finnish Act on distance sales and off-premises contracts (2005:59) or the Finnish Consumer Protection Act (38/1978). If the buyer exercises his right of cancellation, Holmasto reserves the right to publish the item for auction again, without notifying the seller in advance. In such a situation, Holmasto has no financial responsibility towards the seller regarding changes in the final price of the object to be resold. If the buyer exercises his right of cancellation, Holmasto also reserves the right to demand compensation from the seller.
9. SETTLEMENTS / PAYMENTS
The preliminary settlement letter is sent by e-mail after the end of the auction and it can also be viewed on the registered and logged-in seller’s own website www.holmasto.fi. If the seller has not provided a valid e-mail address, the seller is obliged to contact Holmasto to obtain a final explanation. Information related to hammer prices is published on the website, www.holmasto.fi.
Holmasto makes the payment approximately thirty-five (35) calendar days after the online auction, on the condition that the buyer has paid the price in full and no complaint or cancellation of the transaction has been made, and the statutory right of withdrawal has not been exercised. In a consumer store, the buyer has a statutory cancellation period of fourteen (14) calendar days, which begins when the buyer takes possession of the item. If the buyer’s cancellation period has not expired by the regular payment time, payment to the seller will be postponed until the fifth (5th) bank day after the expiry of the cancellation period, on the condition that the buyer has not informed Holmasto within the cancellation period that he wishes to exercise his right of cancellation. If the buyer has informed Holmasto of this but does not return the object within the statutory time (return period), Holmasto has the right to demand the execution of the sale from the buyer. In such a case, the payment to the seller is postponed until the fifth (5th) business day after the end of the return period (i.e. a maximum of twenty-eight (28) calendar days plus five (5) business days from the time when the buyer is considered to have taken possession of the item). Holmasto keeps the payments received from the buyer in a customer reserve account, in accordance with the law on accountable funds. Payments are made only to internal EU bank accounts or other accounts approved by Holmasto. The seller is responsible for the correctness of the account information. Holmasto has the right to refuse payment from a third party, i.e. payment from someone other than the buyer. If the seller has an overdue debt to Holmasto, Holmasto has the right to offset the payment in settlement of such debt. Holmasto has no obligation to take measures towards the buyer, and it is not responsible to the seller that the buyer executes the transaction. This also applies to damage caused to the seller by delayed or non-payment. Holmasto will therefore not file a possible claim for damages against the buyer who has not fulfilled his payment obligation without separately agreeing on the matter with the seller.
10. RESPONSIBILITY FOR ERRORS
The seller is reminded that the objects are sold in accordance with the general terms and conditions applied by Holmasto to buyers. The seller is also reminded that the buyer can claim an error or deficiency in the item sold in accordance with Holmasto’s general terms and conditions and/or mandatory consumer legislation. If Holmasto is responsible for errors towards the buyer of the item, Holmasto has the right to compensate the buyer and demand compensation from the seller that corresponds to the value of the error correction carried out by Holmasto or the compensation paid to the buyer. The seller is responsible for the item’s authenticity. If, for example, according to Holmasto’s assessment, the item turns out to be a fake or a copy or is related to money laundering or terrorist financing, Holmasto has the right to pay the price back to the buyer and demand a corresponding compensation from the seller. If the buyer wants to cancel the transaction, Holmasto has the right to decide whether to accept the cancellation. If the sale is cancelled, Holmasto has the right, but not the obligation, to sell the object again. Holmasto has the unilateral right to suspend the auction and postpone or change the length or end time of the auction due to a technical fault or other such situation that Holmasto deems necessary, regardless of whether the situation is caused by Holmasto or not. Unless otherwise determined by mandatory legislation, Holmasto is in no case liable for any direct or indirect damages that may occur to the seller, unless the damage is caused by Holmasto’s gross negligence. The seller is obliged to take reasonable measures to prevent, prevent or limit losses or damages.
11. TRANSFER
Holmasto has the right to transfer its rights and obligations according to the contract with the seller to Holmasto. The seller must be notified if the transfer takes place.
12. FORCE MAJEURE AND LIMITATION OF LIABILITY
If the fulfillment of Holmasto’s or Holmasto’s subcontractor’s obligations according to these conditions is prevented or delayed, for example, when the auction sale is canceled or payment is delayed due to a force majeure event, Holmasto is released from liability for damages and other consequences, provided that Holmasto notifies the seller of the situation within a reasonable time. The obligation must be fulfilled as agreed as soon as the obstacle is removed. A force majeure event is considered an unforeseen situation beyond Holmasto’s control, such as a natural disaster, fire, flood, war, war-like event, revolution, confiscation, nationalization, confiscation, nuclear event, terrorism/terrorist attack, new or changed legislation, official action or labor dispute.
13. PERSONAL INFORMATION, MONEY LAUNDERING ETC.
Holmasto complies with the Finnish Personal Data Act (523/1999) and the Information Society Framework (917/2014) and the EU Data Protection Regulation (2016/679). Holmasto, registration number FI-0888544-8, Aleksanterinkatu 50, 00100 Helsinki, e-mail: laskutus@holmasto.fi, phone: +358 9 666 500, is the controller of the information that the seller provides to Holmasto. Personal data provided in connection with Holmasto’s services or otherwise within the framework of a contractual relationship related to Holmasto, such as names, addresses, social security codes, telephone numbers and email addresses, are processed for administrative purposes and to fulfill obligations related to Holmasto’s operations, to enable good service and to comply with statutory obligations. Personal data may also be used for market and customer data analysis, statistics and marketing purposes, such as targeted advertising, administrative messages, product offers, newsletters, etc. Personal data may be updated and supplemented with the help of private and public registers. For the aforementioned purposes, personal data may be transferred to other companies with which Holmasto cooperates. Holmasto complies with the Finnish law on measures against money laundering and terrorist financing in all its operations. This legislation is based on binding EU directives. In order to comply with statutory obligations, Holmasto may have to process additional information about individuals. Upon written request, the seller has the right to receive written information about the personal data held by Holmasto and the processing of this data. In addition, the seller has the right to request the correction or deletion of incorrect information about the seller. A person who does not want their personal data to be used for direct marketing purposes must make a written request to Holmasto.
14. VERSIONS IN DIFFERENT LANGUAGES
These general sales conditions have been translated into different languages. If there are differences between versions in different languages, the terms in Finnish will prevail.
15. COMPLAINTS
If the parties cannot reach an agreement in the case of a complaint, you as a consumer living in the EU have the option to contact the Finnish Consumer Disputes Board, www.kuluttajariita.fi. You can also file a complaint via the European Commission’s website.
16. DISPUTES
Any disputes concerning the contract related to the object received for sale in Finland will be resolved in accordance with Finnish law in the general court, primarily in the district court of Helsinki. Holmasto also has the right to sue the seller in the seller’s place of residence.