User Agreement
Introduction
Indhold
Abuse of KJ Auktion services. 2
Contact, verification and marketing. 3
Passing of risk, disassembly and freight. 4
KJ Auktion obligations and limitations thereof 4
Governing law and jurisdiction. 5
Before taking KJ Auction services in use, you have accepted the terms of this User Agreement.
The services you use on www.kjauktion.dk belong KJ Auktion, Strandvejen 163, 9370 Hou, cvr.DK42505722.
User Agreement accepted when creating the first time as a user on www.kjauktion.dk after 1 March 2014.
User Agreement stipulates how any claims and disputes between the user and KJ Auktion are to be solved. The main points are stipulated by the Conditions of Sale set out on our website under "Information". Conditions of Sale must be accepted for each sale before bidding is possible.
KJ Auktion Services
KJ Auktion's website is a marketplace where almost all goods sold, are sold by commission by KJ Auktion by instruction of a vendor other than KJ Auktion. KJ Auction will only exceptionally be the legal owner of the goods for sale on www.kjauktion.dk
1.1. KJ Auktion cannot guarantee the product's condition and functioning. KJ Auktion cannot guarantee that there is no debt in the products we sell. However, it follows that in order to sell at KJ Auktion the Vendor shall guarantee that the goods are free and unencumbered. This means that if it turns out to be nothing more ownership of an item, claims for compensation paid to the seller and not against KJ Auction. If the claim directed to KJ Auction shall not exceed the total amount actually received by KJ Auction as fee-for-sale in accordance with this Agreement. This does not apply KJ Auktion liability for death or personal injury resulting from negligence or any liability which can not be excluded under relevant national legislation.
You agree by continuing that you will not use KJ Auktion services unless:
1.2. You are at least 18 years of age and have the legal right to enter into binding agreements for your personal or business and you are temporarily or permanently blocked from using KJ Auktion services.
1.3. You will pay on time for the lots you buy.
1.4. You will respond to our inquiries about invoice, payment and collection within 24 hours.
1.5. You will collect the purchased lots during the collection period as stated on the website. If you do not collect the lots on time the provisions of the Conditions of Sale immediately become effective.
1.6. If you are a vendor, you will meet your delivery obligation in relation to the buyer who has paid and collects under the conditions applicable to the sale.
1.7. Non disclose of your personal login codes to others. However, if you do, you are liable for purchases that are made with your login.
KJ Auktion has the right to cancel user accounts that are inactive for a long time or where we cannot verify the master data provided.
Abuse of KJ Auktion services
KJ Auktion may choose to block your account temporarily or permanently in case of abuse. KJ Auktion may also choose to take legal action if it finds abuse of KJ Auktion services.
This is especially true if:
1) You fail to pay and collect the goods purchased.
2) You give inaccurate master data
3) You are selling or buying without having legal title to do so.
4) If KJ Auktion believes you infringe third party rights.
5) You are attempting to sell stolen goods on a KJ Auktion event.
6) You steal items from an KJ Auktion sale.
7) You commit vandalism or exchange items or auction signs on KJ Auktion sale.
KJ Auktion cooperates with a law firm that handles the task of collecting payment for unpaid invoices and accounts receivable. If a buyer fails to pay, the matter will be turned over to our collection agency. In addition to the invoice amount this procedure will also incur collection costs, interest and reminder fee will be charged for each reminder.
Failure to pay will also be reported to credit reporting agencies.
Fee terms:
Information about the Buyer's Premium shown in the Conditions of Sale of www.kjauktion.dk
Fee terms may be adjusted by KJ Auktion with 14 days notice of upcoming auctions. In order to buy at an auction, users must confirm that I have read and accepted the conditions of sale of the auction.
Contact, verification and marketing
As you continue your user registration, you allow KJ Auktion the right to contact you to verify your master data or to execute a sale. You also permit KJ Auktion the right to seek to verify your information through other sources and to contact you on phone numbers others than the ones you have indicated in your master data.
If you fail to respond to phone messages or SMS messages or other messages, KJ Auktion may choose to block your KJ Auktion account. This has the consequence that you can no longer log on.
KJ Auktion use broadcasting of emails to inform about new auction events and upcoming inspections and closing auctions or corrections relating to auctions as well as the forwarding of invoices for purchases in any of our sales events. In this type of mail there is a link at the bottom, which may have to click on if you want to opt out of future to receive such mails. You cannot opt out of receiving mails with information about bids and invoices. You always will receive mails about bids, outbids and invoices.
Sometimes spam filter software wrongly categorize our mails as spam and therefore we encourage you to check your spam folder to see if an email from KJ Auktion erroneously was sent to the spam folder. If so, please set your mail client to always accept mail from us. You cannot deal with us unless you are able to receive emails from us as this is the primary means of communication.
You should especially check your inbox for an auction where you think you have won one or more bids. It is important in relation to the payment and collection. According to the Conditions of Sale we can sell to the underbidder if you do not respond within 24 hours.
Especially if you think that you have won a bid but has not received an email with an invoice within 4 hours after the auction has ended, please check your spam folder.
Passing of risk, disassembly and freight
All sales are subject to the Conditions of Sale and the Danish laws. The premise is that all sales are made without guarantee of the product's condition and functioning and from the place where the lot is located. That means you have to collect the product or arrange for it to be collected at your expense and risk. The risk of the goods passes to the buyer from the time it is clear who is the winning bidder. Any insurance must be valid from the day of the auction.
Seller shall, if possible, make sure that the equipment is disconnected from mains, air, water, hydraulic and drained of oil. In the event of liquidation events, this may not possible, hence the buyer must see to it unless otherwise stated. The buyer may choose to have a third-party service provider in charge of dismantling and shipping. At KJ Auktion website under "Information / Shipping" a number of service providers are listed, that you may choose to contact to tender for the job. KJ Auktion never undertakes to order or ship goods.
Removal and transport on site of the auction shall be in accordance with the seller's or KJ Auktion instructions on safe and proper handling.
Some auctions take place without KJ Auction presence on site where the goods are located, and the buyer must follow the vendor's instructions on that site.
KJ Auktion obligations and limitations thereof
KJ Auktion is committed to maintain its services. It mainly means to operate the website, www.kjauktion.dk and the sales events that take place here, and to be responsible for servicing, billing, collection and delivery of goods to the buyer on the site of the event.
Exceptions to the obligation is if any circumstances, which are not subject to KJ Auction's control but which affect the operation of our services. As for the technical operation of the KJ Auktion website, KJ Auktion is not responsible if there is a server crash or interruption of communication lines with an Internet connection to the buyer. This could be broken lines, power outages and failures of wireless data networks. In relation to distribution points, it may also be a lack of signal coverage at the site of the auction lots.
KJ Auktion is not responsible in case of unauthorized access to our servers or computer viruses on our servers or user computers or anything else that affects the operation.
KJ Auktion is not responsible for the consequences of our interruption of your access to use KJ Auction services if we believe that the conditions for doing so are met. If we choose to terminate your access to use KJ Auction will include among other things that we delete the bids you have previously submitted to any of our future auctions. If that be the case you are not entitled to claim compensation from us.
If liability against KJ Auktion is alleged to claim maximum could be the higher of the sale price of goods including fees and VAT or DKK 1000.
KJ Auktion shall not be liable for any defective title. In case of defective title may claim damages only against the vendor and not against KJ Auction. This follows from the vast majority of products sold on www.kjauktion.dk the property of the seller and not KJ Auktion.
If defective title should arise, KJ Auktion always promptly return the full amount (sale price, fee and tax) for the product the defective title relates to to the buyer.
Indemnity
If you have a dispute with one or more users, you will indemnify KJ Auction (and our Board members, directors, employees) from claims, demands and damages (direct or consequential) of any kind, known and unknown arising out of or are connected to the dispute.
You also indemnify KJ Auktion (and our officers, directors and employees) from claims by third parties, which might arise, from your violation of KJ Auktion rules or violation of third party rights.
Governing law and jurisdiction
All claims by you against KJ Auktion must be submitted on an individual basis and not as part of a mass action. Any claim against us shall be treated in a Danish court and subject to Danish law.