Conditions of sale
The following conditions apply to sale of goods and services on www.lauritz.com.
The agreement entered into is between you and Lauritz.com A/S, Dynamovej 11C, 2860 Søborg, Denmark. Danish Central Business Register No. (CVR No.) 24994570.
Registration as a customer
Criteria, estimates and lot description
We will only accept lawful goods and services of good quality, and where the hammer price is expected to be a minimum of DKK/SEK/NOK 800, EUR 100. The estimate corresponds to the price that Lauritz.com expects the lot to achieve based on our previous experience with sale of items of the same kind. Valuation is not an exact science but an indication. In the end it is always the buyers who determine the market price, and this fluctuates. This means that some hammer prices are higher or lower than the estimate. Lot description is the result of our examination and completed to the best of our knowledge and belief. On consignment you give us all information you have about the good or service and when the auction starts you need to check that the lot description is correct. If this is not the case you must inform us immediately in writing. You need to show photo ID (passport or driving licence) when consigning an item. If you have someone else consign your item on your behalf, in addition to their own ID they also need to bring a copy of your ID and written authority from you.
Seller's commission and hammer fee
For each lot sold a seller's commission of 15% of the hammer price incl. VAT is charged as well as a seller's hammer fee of DKK/SEK/NOK 150, EUR 20 (EUR 80, DKK/SEK/NOK 600 for leasing cars). The commission and hammer fee cover costs relating to registration, valuation, lot description, photos, online display and storage during the auction period. The seller's commission, hammer fee and any costs relating to payment transfers are deducted when the seller's account is settled. Settlement is made to the bank account that is stated under your customer account. Payment is made no later than 42 days after the last day of auction or the first working day thereafter, provided that both you and the buyer have fulfilled your obligations.
Buyer's cancellation rights
If the buyer does not complete the purchase or exercises their cancellation right the lot is put on auction again in your name and without prior notice. We reserve the right to reactivate the lot at auction until it is sold. By virtue of the EU Consumer Rights Directive, which entered into force 13 June 2014, the buyer can return an item during the cancellation period also if the item has been used. You as seller bear any loss in connection with this type of situation.
If the good or service is not sold, you do not pay either seller's commission or hammer fee. Unless other arrangements have been made, Lauritz.com has the right, without prior notice, to put the lot on auction for another period. If the lot has already been on auction four times, it will not be put on auction again. You can be requested to collect your item within 8 days, unless otherwise arranged. If your item is not collected you pay a storage fee of DKK/SEK/NOK 200, EUR 25 per week. After a further 3 weeks, we can dispose of the item or sell it in our own name to cover our costs.
You are responsible for the correct handling of matters concerning taxes, VAT, customs and duties. As a private seller of second-hand items you are normally covered by the margin scheme for second-hand goods and so do not need to be VAT registered. If you are a professional seller, shop or producer and you sell new and unused items under the normal VAT rules, to be able to sell with us you need to be VAT registered in the country where the item is being sold. If you wish to sell second-hand items for which you reclaimed the VAT at the time they were purchased, these must also be sold with VAT. Before you start selling, you need to have entered your VAT number under 'My page' – 'Personal details' on www.lauritz.com. For items sold under the margin scheme for second-hand goods, VAT is calculated based only on the commissions and fees. For items sold under the normal VAT rules, VAT is calculated based on the hammer price, commissions and fees. Regardless of which VAT rules an item is sold under, you are paid the full hammer price minus commission and fees. You are responsible for giving correct information about the good or service so we can determine which VAT rules the good or service must be sold under.
Bids and reserves
Bids are visible, but bidders are anonymous. Everything is sold at the highest bid irrespective of the estimate. You can suggest a reserve on consignment. It is up to the auction house, in accordance with our general guidelines, to decide whether a reserve can/should be used for a good or service. As a seller you may not bid on your own lots. We reserve the right to delete bids if we consider the bidding not to be in accordance with our guidelines.
Interrupting an auction and disclaimer of liability for technical problems
If the auction has started and the lot has been displayed online, the good or service cannot be withdrawn from auction. However, we reserve the right to withdraw a good or service from auction, prolong an auction, or restart an auction if we consider it to be appropriate, for instance, due to suspicion of interference, error, technical difficulties, well-founded doubt about property rights or other circumstances. We are not responsible for delays, disruptions or technical/internet problems of any description, even if these are due to Lauritz.com's computers or technical conditions.
Faults and complaints
The Danish Sale of Goods Act applies to purchase of items with us. As we are solely the commission agent and/or intermediary, it is ultimately you who have to honour all compensation and claims under consumer law. If the buyer makes a claim to us, we can withhold the item or your payment. If the buyer makes a claim after you have received your payment, on demand from us you must repay the portion of the payment that is necessary to cover the buyer's claim. If this claim exceeds the amount of the payment you received, you must also pay us the remaining balance. If the sale is executed as a part of your business activities, you bear the full responsibility for the buyer's claims, including compensation claims, unless the claims can solely be attributed to wrongful behaviour on the part of Lauritz.com. The same applies in relation to. You are also obliged to refund expenses to us that we have incurred in taking back the item in connection with the buyer's annulment of the purchase.
You warrant to having absolute title to the items submitted and that these are free from third party rights and claims. You can only consign items in your own name or with written authorization from the owner. On consignment we register the seller's name and address. You provide Lauritz.com authority to collect necessary permissions that may be required in connection with the sale under relevant legislation, e.g. rules regulating trade to protect wild animals and plants (the Washington Convention/CITES) and cultural heritage legislation.
The Danish Insurance Contracts Act applies in case of fire, theft, or water damage etc to a lot in our care. This means that cover has to be provided by your home insurance or insurance of goods policy, if items held by a third party are covered. If this is not the case, the item is normally insured by us. Compensation amounts to a maximum of the estimate with commission and hammer fee deducted. However, if at the time of the damage the highest bid or hammer price for the lot is higher than the estimate this may be taken into account in setting the level of compensation. If the lot is subject to the normal VAT rules, potential compensation may be set equalling the lot's cost price, though not exceeding 50% of the lot's estimated retail price.
Your personal details
Amendments to the conditions
We reserve the right at any time to make additions or alterations to the conditions of sale. You will be informed about any changes the next time you log in to www.lauritz.com, at which time you will be asked to accept the changes before you continue.
Choice of law and disputes
To the extent compatible with applicable legislation that cannot be deviated from by agreement, disputes between Lauritz.com and the seller are subject to Danish law and are to be settled by the City Court of Copenhagen according to the Danish Administration of Justice Act, including the rules on appeal. In cases concerning consumer contracts, the rules of jurisdiction of the Danish Administration of Justice Act apply.
See also our conditions of sale and purchase, our assortment of lots, and news on www.lauritz.com.