Online Store & Auction terms
ONLINE STORE CONDITIONS
1. General conditions
(See further below for auction conditions)
The following conditions apply between Holmasto’s online store and the online store’s customer (hereinafter the buyer) when the buyer orders products from Holmasto’s online store (www.holmasto.fi).
First and foremost, the terms of this agreement will be followed unless otherwise required by the Consumer Protection Act or Finnish law. If the buyer is a company, these terms and conditions are followed primarily, as well as the Finnish Commercial Code and Finnish law secondarily.
2. Trade agreement
The contract for the sale is created between the buyer and Holmasto when the buyer has sent the order from Holmasto’s website. If the order is made in another way, for example by e-mail or telephone, the contract comes into force as soon as Holmasto has sent the order confirmation to the buyer. The contract is binding.
3. To make purchases
In order to make purchases, the buyer must provide their name, address, phone number and email address. Depending on the payment method, the payment intermediary, biller or other third party may require additional information.
Payment for the products is made in connection with the order in the way chosen by the Buyer from the following options: Through the PayTrail service, you can pay from your online bank or with payment cards (credit/debit): OP-pankki, Nordea, Danske Bank, Oma Säästöpankki, Säästöpankki, Aktia, Paikallisosuuspankkit, S-Pankki, Handelsbanken, Bank of Åland, Visa, Visa Debit, Visa Electron, MasterCard and Debit MasterCard cards. You can also pay for your jewelry and watch purchases with a Klarna invoice
5. Order confirmation
The customer receives the order after making an order confirmation, either by e-mail or text message, which shows the product information, the total price of the order, the selected payment and delivery method. Please report any incorrect information immediately to firstname.lastname@example.org or by phone on +3589 666 500
6. Delivery methods and terms
The ordered products are delivered through a company that produces transport services used by Holmasto. Posti, DHL or, if necessary, another transport company.
The delivery costs according to the transport options are announced when purchasing the product in the online store, from which the buyer can choose from the available options. All shipments are fully insured by Holmasto until the buyer has received the shipment. The buyer must immediately notify Holmasto of any damage to the product during transportation.
Products can also be picked up from our store, of course without shipping costs.
Orders are processed as quickly as possible and we aim to send them to the buyer within 1-3 business days. Holmasto is not responsible for a delay in delivery caused by a strike, otherwise unexpected, or a reason beyond Holmasto’s control (Force Majeur).
7. Right of return
According to the Consumer Protection Act, the customer has a right of return within 14 days, calculated from receiving the product. The right of return only applies to products purchased in the online store. (Products purchased from physical store do not have the right to return). The return of products purchased from the online store must be agreed with Holmasto separately and in advance, either by email or, if desired, with a separate return form that can be printed from Holmasto’s website here (complaint form pdf). If requested, Holmasto will also deliver the form by e-mail or post. The buyer is responsible for all return costs. Returns must be made by registered mail, with the products packed in such a way that no damage can occur to the products during transport. The buyer is responsible for the shipment in all respects until Holmasto has received the shipment. The returned products are sent to the address: Holmasto, Aleksanterinkatu 50, 00100 Helsinki, Finland. the e-mail address is indicated in the shipment: email@example.com. The returner’s contact information and the necessary information about the products that are the subject of the return must be attached to the shipment. The returned products must be in the condition they were in when the buyer received them.
8. Value added taxes
Holmasto’s online store has both used, unused and completely new products, which are mainly subject to the marginal tax procedure and therefore do not include deductible VAT. Exceptions are: new books VAT 10%, investment gold products VAT 0% and other new products VAT 24% (for example coin sets, commemorative coins and collectibles).
9. Other terms
Most of the products sold in Holmasto’s store are unique, one-off pieces. In extremely rare cases, it is not possible to deliver the product. This is the case, for example, if the product has been sold in the store and online at the same time, the product is damaged or the product cannot be delivered for some similar reason. Holmasto has e.m. situations, the right to cancel the transaction and return the transaction amount to the buyer. Holmasto will notify the buyer of such an event without delay.
TECHNICAL DEVICES / POCKET WATCHES
Technical devices and objects such as pocket watches, barometers, etc. are primarily sold as collectibles and are therefore not necessarily in such a working condition that they can be used for their original purpose, for example as time displays or meters. With regard to pocket watches, Holmasto does not guarantee timeliness or operational reliability.
Holmasto’s guarantee is that all wristwatches on sale have been inspected and found to be genuine. Some of the watches have been serviced and in those cases the sale also includes a service certificate. All wristwatches for sale are in working condition.
AUCTION PURCHASE TERMS
1. Introduction and applicability
These terms and conditions apply to auctions and sales when Holmasto offers items for sale via its electronic marketplace via the internet so that auctions and sales are carried out online and the customer can register and buy items to be auctioned via auction. Holmasto acts as the organiser of the auction in such a way that the object’s owner gives Holmasto an order to sell the object in their own name but on behalf of the seller through Holmasto’s service. Unless otherwise determined by mandatory legislation, these conditions, the price list and other policies regarding the service published by Holmasto exhaustively determine how the customer’s registration and use of the service and the customer’s purchase of the item take place. The customer must accept the terms to get the right to use the service and buy items from the service. In addition to the terms and conditions, there are terms of sale that apply to the rights and obligations of the seller in connection with the sale of the object.
2. Registration for the auction
The customer registers for the service by filling out the registration form on the website. The customer must provide correct and complete personal and contact information and keep their information up to date. By registering, the customer accepts the terms and conditions and that the terms and other instructions regarding the use of the service are binding. The following persons do not have the right to use the service: Persons under the age of 18, persons who are not legally competent, and customers who have been temporarily or permanently denied the right to use the service. The customer has the right to use the service only using his own username and password. The customer is responsible for all offers and procedures that are carried out using the respective customer’s usernames. The customer must, to the best of his ability, keep the password secret and ensure that it does not become known to outsiders. The customer does not have the right to disclose the username or password to a third party. The customer is responsible for changing the password immediately if there is reason to suspect that the user data has been compromised or has otherwise been or may be subject to misuse. Holmasto protects the personal data it stores. Holmasto may verify the correctness of the information provided by the customer during registration or later, for example by using technical tools or by searching for information from third-party databases.
3. Participation in the auction
The service is offered as it is, and Holmasto does not guarantee the availability of the service. The service may from time to time be completely or partially unavailable or perform unsatisfactory due to e.g. planned or unplanned maintenance, malfunction, network attack or some other reason. Holmasto is not responsible for damages that may be caused by the customer not being able to use the service, for example, and not being able to leave an offer for the object, for example. Holmasto reserves the right to update or renew the service as it sees fit or to stop offering it temporarily or permanently. Holmasto has the right to deny the customer the right to use the service and close the customer account. This can happen to customers who do not comply with the terms, who have overdue unpaid receivables to Holmasto, who have not picked up the item/items they purchased, or whom Holmasto considers, for example, to have misused their right of cancellation. A customer whose access to the service has been blocked does not have the right to register again or use the service with another customer’s username. The customer whose right to participate has been denied must continue to comply with all obligations towards Holmasto that arose before or after the denial of the right to participate.
4. Description of the object / minimum prices
All items are basically used, and they are sold as is. The general condition of the object is described in connection with the description of the object. The buyer must examine and evaluate the item’s condition, value and characteristics carefully on our website or in our store (Aleksanterinkatu 50, 00100 Helsinki) before the auction and purchasing decision. This happens at the buyer’s own risk. The item will not be sold below the minimum price. The buyer does not have the right to make claims against Holmasto based on the minimum price presented by Holmasto for the object. The final sale price of the item can be significantly higher than the minimum price, but not lower. The information provided in the description of the object may have to be changed if more information is obtained about the object. Any changes or additions will be published in the auction list. In cases where a change or addition is considered to substantially change the value of the item, Holmasto reserves the right to remove the item from the auction or publish it with a new price, title and/or description. Holmasto is not responsible for damages, defects or deviations that are not apparent from the pictures or description. The actual appearance of the item may differ from how the item looks in the pictures and how the pictures appear on the computer screen, especially in terms of color reproduction. For example, the information regarding the maker, authenticity, age, condition or provenance, as well as the general condition of the object, possible defects and repairs, etc., e.g. the information given in the condition report, is given only as information to guide the buyer in order to familiarize himself with the object and evaluate it. Holmasto is only responsible for the fact that the published information about the object’s creator, authenticity, age, condition or provenance, including changes and additions, corresponds to the general perception at the time of the object’s publication. Holmasto is not responsible for a situation where the general perception changes after publication. Clocks, clock mechanisms and similar mechanical devices are sold as works of art, and Holmasto is not responsible for them working technically to measure time or other things. Holmasto’s responsibility for errors is in any case limited to those situations where the error and/or omitted information is essential. Holmasto is only responsible for the buyer, and the compensation amount is in any case a maximum of 1000 euros.
5. Bidding and purchasing
The customer participating in the bidding must follow the instructions on the website related to the bidding process. In order for a bid to win the bidding process, it must meet the following requirements: The bid must exceed the leading bid in the bidding process by at least one “minimum increase interval”, the bid must be at least equal to or higher than the minimum price set by the seller for the item. The bid is the winning bid if it is the highest bid submitted at the end of the auction and if it is equal to or greater than the minimum price of the item. The customer can make offers in different ways: by making an offer in real time during the auction through the website. When the offer is made in real time, the customer actively monitors the bidding competition and decides when he might want to make an offer or raise his own offer. When making the so-called advance offer, the customer decides what is the maximum amount he is willing to pay for that item. When the customer makes an advance offer, the service automatically starts the offer service, which offers only the smallest possible increase at a time, up to the maximum offer, on behalf of the customer. The winning bid can therefore be lower than the maximum bid, but not higher. If the auction ends with two bids of the same amount, the first bid registered to the service wins. All offers made are binding on the customer and cannot be changed or cancelled.
Minimum bids in auctions:
0-50€ = 5€
50-100€ = 10€
100-300€ = 20€
300-800€ = 50€
800-1500€ = 100€
1500-3000€ = 200€
3000-10000€ = 500€
10000€ = 1000€
A binding contract is considered to have been created between the customer who made the winning bid and Holmasto as soon as the auction ends. The customer is obliged to check himself whether the offer made has led to the creation of a deal. Under no circumstances is the customer allowed to participate in the bidding process for the item he has put up for sale. The customer is also not allowed to manipulate or in any other way influence the bidding process for his own target (e.g. by having the customer register two customer accounts for the service) or through a representative.
6. Comission, payments and payment
The evaluation, sale and payment of items received for sale take place in euros (EUR). All fees related to these items are reported and paid in euros (EUR). In addition to the price to be paid for each item (the winning bid), the buyer must pay the commission according to the price list valid at the time of making the winning bid (22%) and any other fees (Transportation, storage). A receipt for the payment is given in connection with the payment made at Holmasto’s premises. Within seven (7) days from the end of the auction, the buyer must pay for the items he won, which includes the winning bid, Holmasto’s commission, any value added tax, other fees and any taxes related to the sale according to the price list valid at the time of the winning bid. Holmasto has the right to refuse a third-party payment, i.e. if the payment comes from a party other than the buyer. If the full compensation has not been paid within seven (7) days after the end of the auction, Holmasto has the right to demand the execution of the sale and to charge default interest and a reminder fee in accordance with the Finnish Interest Act. Holmasto also has the right to demand the termination of the sale, in which case the item will be returned to the seller. In addition, Holmasto has the right to resell the item on behalf of the buyer without a separate notification. In this case, Holmasto has the right to set a minimum price. In addition, Holmasto has the right to use the funds it has accumulated to cover all receivables related to the buyer and the costs arising from the resale of the object. If the sales price achieved in the resale is not sufficient to cover Holmasto’s receivables and resale costs, the difference remains to be paid by the buyer. Any remaining price after deductions will be charged to the buyer. If full compensation is not paid, the seller can also make claims against the buyer.
7. Right of cancellation
If the buyer is a consumer, he has the right of cancellation according to the Finnish Consumer Protection Act (38/1978). However, the buyer does not have the right to cancel, if the exceptions to the right to cancel in that law become applicable. The buyer must notify Holmasto of using the right of cancellation within the fourteen (14) day cancellation period. The cancellation period starts on the day the buyer takes possession of the object either himself or through his representative. In the cancellation notification, the subject number of the object, the buyer’s customer name and the date on which the buyer has taken control of the purchased object himself or through his representative must be stated, and it must be submitted to Holmasto by e-mail to firstname.lastname@example.org. The buyer must use the email address registered for the customer number. After a canceled purchase, the buyer must return the item at his own expense within fourteen (14) days. The return must be made immediately and without delay. If the buyer has picked up the item, the return must be made to the Holmasto office, Aleksanterinkatu 50, 00100 Helsinki. The item must be returned in the same way to the office where the item was purchased. Returns cannot be made by cash on delivery. The buyer is responsible for the higher delivery costs due to the return method chosen by the buyer. If the object has not been returned within fourteen (14) days after the buyer notified Holmasto of using the right of withdrawal and the buyer has thus not complied with his obligations according to the law, the sale is considered to be still binding on the buyer and no repayment will be made. The buyer bears the risk of damage or loss of the object. The buyer must package the object and handle it in such a way that it is not damaged during transport. When Holmasto has received the item, the payment will be returned to the buyer within fourteen (14) days. The possible depreciation of the item, which has been caused by the buyer handling the item more than necessary and possible additional transport costs, will be deducted from the payment. As well as storage costs and/or costs caused by transportation and storage by a third party for the days Holmasto has stored the object, for the part exceeding seven (7) calendar days. The buyer does not have the right to make a new offer for an object for which the buyer has exercised his right of cancellation. If Holmasto suspects that the buyer is abusing his right of cancellation, e.g. by using his right of cancellation to get out of following the given offers and thereby influence the bidding process, the seller or other customers in a way that Holmasto cannot accept, Holmasto reserves the right to close the buyer’s account and the buyer’s access to the service. Holmasto stores the returned items, which are not subject to the right of return, at the Holmasto office for the buyer to pick up. If the buyer does not pick up the item within seven (7) days, the buyer will be charged a storage fee and/or the costs incurred for transportation.
Unless otherwise required by mandatory legislation, the buyer must complain about possible errors immediately after the buyer has noticed or should have noticed them, however no later than immediately upon picking up the item, if the buyer (or the buyer’s representative) picks up the item from the Holmasto pick-up point immediately upon receiving the item, if the buyer has ordered home delivery and the item is delivered to the delivery address indicated by the buyer, or
within one (1) working day after picking up the item, if the buyer has ordered home delivery and the item is delivered to a post office, parcel machine or other third-party pick-up point. If the deadline for complaints is not met, the buyer does not have the right to submit claims based on a possible error. All complaints must be made in writing. The complaint begins on the day Holmasto confirms in writing that it has received the complaint. In any case, the complaint must be made within fourteen (14) days of receiving the item (if the buyer is a consumer). If Holmasto does not accept the complaint, Holmasto will keep the returned item at its office for the buyer to pick up. If the buyer does not pick up the item within seven (7) days, the buyer will be charged a storage fee and/or the costs incurred for transportation and storage with a third party.
9. Responsibility for errors
Unless otherwise determined by mandatory legislation, Holmasto’s error liability is limited to the following. If there is an error or deficiency in the object for which Holmasto is responsible, Holmasto has the right to correct the error or give the buyer a price reduction corresponding to the error (the compensation must be based on the hammer price of the object, i.e. the actual price paid by the buyer for the object minus commission, fees, etc.) or cancel the transaction. If the seller’s ownership or if there is any ambiguity regarding the right of possession of the object, both Holmasto and the buyer have the right to cancel the sale. If the sale is canceled or cancelled, the buyer only has the right to receive back the purchase price paid to Holmasto in return for the return of the item. Holmasto’s liability for the item is limited at most to the amount paid by the buyer in connection with the sale, i.e. the hammer price or the agreed fixed price, and for repayment of commission and value added tax and possible other expenses. The buyer is not entitled to any other compensation. Holmasto is under no circumstances responsible for direct or indirect damages incurred by the buyer, e.g. agent’s costs, unless the damage is caused by Holmasto’s gross negligence. The buyer is obliged to take reasonable steps to prevent, prevent or limit losses or damages.
10. Object pickup / transportation and the right to disassembly due to late pickup / unpicked-up object
If the buyer does not pick up the item from the Holmasto office, the transport can be carried out by Posti, DHL or another party. It is only possible to pick up purchased items or order transport after full payment has been made to Holmasto. Upon pickup, proof of pickup is handed over to the buyer. Holmasto will keep the item free of charge for seven (7) calendar days (not counting the day when the auction in question ended). If the storage period exceeds seven (7) calendar days, the Item will be stored at the buyer’s expense and risk. If the object is stored in Holmasto’s own premises, Holmasto has the right to charge a storage fee according to the price list valid at the time of making the winning bid. Holmasto also has the right to hand over the item to an external storage or forwarding company of its choice, i.e. to a third party, for transport/storage, and in this case the transport and storage costs will be charged in full to the buyer. Upon receiving information about these conditions, the buyer expressly accepts the conditions regarding storage and undertakes to pay the storage fee and/or the costs caused by the transportation and storage carried out by a third party. If the buyer makes use of his right of cancellation, the buyer is therefore obliged to pay the costs incurred for storage exceeding seven (7) calendar days. When informed of these conditions, the buyer is aware that Holmasto has a special interest in getting rid of the object once it has been sold. Holmasto reserves the right to cancel the sale if the buyer does not pick up the object. If the buyer pays but does not pick up the item within seven (7) calendar days (excluding the day the auction ended), Holmasto sends a reminder that includes an invitation to pick up the item and a mention that, otherwise, the deal will be canceled twenty-eight (28) calendar days after the end of the auction or from the sale of the object. In the event of termination of the transaction, the buyer has the right to receive back the payment he paid to Holmasto, from which the above-mentioned storage costs and/or transport costs and third-party storage costs have been deducted. If the buyer does not pick up the object within one (1) month of the collection request, Holmasto has the right to sell the object in accordance with the law on the right of a trader to sell an object left uncollected (in Finland 1988/688). From the sale price, primarily the costs incurred from the sale and the receivables of the external storage/forwarding company are paid, followed by Holmasto’s due receivables from the buyer. Any surplus will be billed to the buyer. As soon as the object has been picked up from Holmasto, the risk and responsibility for the object are transferred to the buyer.
11. Right to use images
Holmasto has the right to photograph or otherwise reproduce items for printed products, advertisements or other materials. Photos and other reproductions are the property of Holmasto and can be used for purposes not related to the sales order.
12. Export license
According to the Act on Limiting the Export of Cultural Objects of Finland (933/2016), the export of cultural objects from Finland to other EU member states requires a permit. In addition, the export of cultural objects outside the European Union is regulated in Council Regulation (EC) No. 116/2009 on the export of cultural objects. The buyer is solely responsible for obtaining the possibly necessary permits related to this legislation and for all resulting and related costs, and Holmasto has no responsibility for matters related to export permits. Permits are issued in Finland by the Finnish Board of National Treasury.
13. Force majeure and limitation of liability
If the fulfillment of Holmasto’s or Holmasto’s subcontractor’s obligations under these conditions is prevented or delayed due to a force majeure event, Holmasto is released from liability for damages and other consequences, provided that Holmasto notifies the customer 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. The buyer has the right to cancel the sales contract if Holmasto has not been able to fulfill its obligations according to the terms within three (3) months due to the force majeure conditions mentioned in this section.
14. Personal data, 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, Reg. no. FI-0888544-8, Aleksanterinkatu 50, 00100 Helsinki, email: email@example.com phone: +358 9 666 500, is the data controller of the information that the customer 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 auction 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 purposes mentioned, personal data may be disclosed to other companies and companies with which Holmasto cooperates. Holmasto complies with the Act on Anti-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 customer has the right to receive written information about the personal data registered by Holmasto and the processing of this data. In addition, the customer has the right to request the correction or deletion of incorrect information about the customer. A person who does not want their personal data to be used for direct marketing purposes must make a written request to Holmasto.
These conditions apply to the customer when using the service and purchasing items through the service from the moment the customer has registered for the service. Holmasto has the right to change these conditions and the prices and fees according to the price list at any time. Holmasto also has the right to change payments temporarily in connection with marketing campaigns.
17. Versions in different languages
These general purchase conditions have been translated into different languages. If there are differences between versions in different languages, the terms in Finnish will prevail.
If the parties cannot reach an agreement in the case of a complaint, you as a consumer living in the EU have the option of contacting the Finnish Consumer Disputes Board, www.kuluttajariita.fi You can also file a complaint via the European Commission’s website.
Any disputes concerning the contract related to the object 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 buyer at his place of residence.
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: firstname.lastname@example.org 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.
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: email@example.com, 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.
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.
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.