Front pageTerms & Conditions

General Terms & Conditions

1. BUYING

 

1.1 BIDDING

1.1.1 Bidding at the auction takes place by using pre-distributed bidding numbers. Bids will not be accepted without a bidding number. Helander (Yesterdays Finland Oy) reserves the right to decide to whom the bidding numbers will be distributed. The bidding number is always personal. The customer’s information, based on the information provided during the registration of the bidding number, is printed on a receipt and no changes can be made to the receipt information at the time of payment. Helander has the right to revoke the right to use the registered bidding number during an ongoing auction. The bidding number must be returned after the auction.

 

1.1.2 Before issuing a bidding number and/or accepting an advance bid or telephone bid and the customer’s participation in the auction, Helander has the right to:

  • perform a credit check on the customers participating in the auction;
  • if necessary, require a letter of credit from the customer’s bank or require some other collateral, especially in, but not limited to, the event the customer is not domiciled in Finland, lacks a Finnish personal identity number and/or a Finnish bank account

 

1.1.3 A person bidding on behalf of another person shall be deemed to be the actual Buyer unless Helander has, pursuant to a submitted written clarification, approved the Buyer as operating on a Principal’s behalf and provided that the bidding number is registered to the Principal.

 

1.1.4 The auctioneer ensures that the permitted bid increments are met. The bid must be made in a clear voice or indicated with a clear sign, for example, by holding up the bidding number. The auctioneer decides which bid is valid if an item needs to be re-entered for bidding due to possible ambiguity.

 

1.1.5 The highest bid is confirmed by the fall of the hammer, at which time the bidder enters into a binding purchase agreement. If there is any doubt about the last bid, the auctioneer has the right to decide on a re-bidding. Helander reserves the right to turn down a bid made in the auction without giving a reason. Ownership of the item transfers to the Buyer after they have settled the payment in full.

 

1.1.6 A minimum live bid, online bid or advance bid is stated in the price list.

 

1.1.7 Conditional bids will not be accepted. We do not accept bids made by the Seller for items they themselves have entered into the auction.

 

 

1.2 PROOF OF IDENTITY

1.2.1 We require a proof of identity in the following situations:

  • when concluding a commission agreement;
  • when registering a bidding number;
  • when paying for and/or collecting goods.

When collecting/paying for items purchased by a third party, the person collecting the items must prove their identity and present any statement required by Helander about their right to collect the items.

 

 

1.3 ADVANCE BIDS

1.3.1 The Buyer may participate in the auction in the hall, by telephone or via the online catalogue. The Buyer can also participate in the auction by submitting an advance bid through Helander’s online catalogue or, while the catalogue is open, through our customer service. When registering, the Buyer receives their own username and password automatically for logging into the online catalogue in future. The possibility to submit advance bids closes at the start of the auction. The possibility to submit telephone bids closes one hour before the start of the auction. The online auction will be opened at the latest at the start of the auction.

 

1.3.2 In the event of two or more equal bids, the earliest bid will be the winning bid. The Buyer is always responsible for their bid. We do not acknowledge SMS bids.

 

1.3.3 Processing of advance bids during the auction

  • One bid: the auctioneer starts with the lowest possible bid.
  • Two or more bids: the auctioneer starts with the second-highest bid plus one raise. For example, if the submitted advance bids are EUR 100, EUR 300 and EUR 500, the auctioneer says “we start with EUR 330”.
  • The auctioneer will raise the advance bidder’s bid one step up from other bids until the maximum advance bid is reached.
  • Two or more equal bids: the earlier advance bid wins, in other words, chronological order is the decisive factor.
  • If the advance bid is the same as the one given in the hall or in the online auction, the advance bid wins as it is submitted first.

 

1.3.4 Telephone bid

1.3.4.1 The Buyer may participate in the auction by telephone upon prior agreement with Auction House Helander’s personnel, in which case Helander will call the Buyer during the auction when the item in question is up for auction.

1.3.4.2 The minimum of a telephone bid is always the amount stated in the price list. An advance telephone bid is valid regardless of whether the bidder is reached or not.

1.3.4.3 The Buyer makes bids at their own risk. The Auction House is not responsible for processing errors or IT problems.

1.3.5 Helander’s personnel will treat advance and telephone bids in confidence and will bid on behalf of the Buyer.

 

1.4. PARTICIPATING IN THE AUCTION THROUGH AN ONLINE CATALOGUE

1.4.1 You can participate in the Helander auction in real time during the auction via an online catalogue (LIVE). A bidder participating in the auction this way is considered to be a participant subject to the same rules as the participants in the auction hall as appropriate. A confirmed maximum bid submitted through the online catalogue will result in a binding purchase agreement. Auction House Helander is not responsible for any IT problems or system operating errors due to customer’s actions.

 

1.5 PAYMENT

1.5.1 The final price of the item consists of the hammer price, the auction fee and other payments mentioned in the price list, which the Buyer must make.

 

1.5.2 Payment methods are specified in the price list. We do not accept cash.

 

1.5.3 The Buyer must pay for the auctioned items within five (5) days of the end of the auction (does not apply to special situations, for example, public holidays, in which case the payment must be made within the stated collection dates).

 

1.5.4 If a payment has not been made within the said five (5) days, Helander has the right to take one or more of the following measures:

  • stick to the agreement and demand payment
  • annul the purchase
  • resell the item on behalf of the person who submitted the winning bid (Buyer)

 

1.5.5 Helander covers the Buyer’s debts as well as all other expenses incurred by the Buyer from the proceeds of the resale. In the case of reselling, the same rules apply to Helander’s fees as in a regular purchase. Any surplus will be refunded to the Buyer. If the amount received from the resale is not sufficient to cover all of Helander’s expenses, the remaining amount will be deemed as the Buyer’s liability to Helander.

 

1.5.6 Auction House Helander is not responsible for any technical disruptions related to electronic communications between the Auction House Helander and the customer. After the auction, the Buyer is responsible for checking their winning bids at Helander’s My Pages service.

 

1.6 COLLECTING

1.6.1 The Buyer is responsible for the collection of purchased items. Items will only be handed over if the payment has been made in full at the time of collection. If the payment was made to the bank, the Buyer is required to present a print or a receipt of the transaction when collecting the items.

 

1.6.2 When collecting goods, the Buyer shall reserve sufficient packing materials and, if necessary, assistance for carrying heavy goods.

 

1.6.3 Auction House Helander’s liability for purchased items terminates if the items are not collected within the deadline specified in the auction schedule.

 

1.6.4 If the items have not been collected within five (5) days from the date of the auction, Auction Helander has the right to resell the item on behalf of and at the risk of the person who submitted the winning bid (Buyer). For resale, Section 1.5.5 applies.

 

 

1.7 PACKING AND DELIVERING ITEMS

1.7.1 The Buyer may enter into an agreement with the Auction House Helander or an external company of its choice for the packaging and shipping of the items they have purchased. Auction House Helander only sends items by post in accordance with the terms of transport of Posti.

 

 

1.8 RESALE RIGHT (DROIT DE SUITE)

1.8.1 The Buyer must pay an additional Droite de Suite fee for the resale right in connection to the resale of works of art (Droit de Suite). The fee is a maximum of 5% calculated on the hammer price. In Finland, value added tax in accordance with the valid rate (at the moment 10%) is added to the Droit de Suite fee. Further information on the Droit de Suite fee and copyright law is available from the Visual Artists’ Copyright Society Kuvasto ry and their webpage www.kuvasto.fi. Items that include a Droit de Suite fee for the Buyer if the hammer price exceeds EUR 255 are indicated with an asterisk in the auction catalogue.

 

 

1.9 THE CONDITION OF ITEMS

1.9.1 All items will be sold in accordance with the information in the auction catalogue and “as is”, in other words, in the condition they are at the time of sale.

 

1.9.2 The auction catalogue provides a short list of information about the available items at the auction. The catalogue’s purpose is to make it easier for the Buyers to buy products. Item descriptions in the auction catalogue are not expert statements. Helander is not liable for any errors in the catalogue, including errors relating to the weight, measures, creator, authenticity, age, technique, condition or origin of the items. The images in the catalogue are for identifying items, not for evaluating their condition, defects or deficiencies. Helander is not liable for defects or deficiencies that are not apparent in the relevant image or item description. Helander reserves the right to amend the catalogue.

 

1.9.3 Possible defects or deficiencies of the items are not necessarily announced. Electronic appliances, clocks and other devices are not tested and no guarantee is given for their functionality. Buyers are able to carefully examine the items during the auction in order to consider and assess their condition and quality and possible defects and deficiencies. Advance examination and possible negligence thereof are the responsibility of the Buyer, and related negligence does not entitle the Buyer to issue a claim or to annul the purchase. The aforementioned also applies to online and telephone bids and subsequent purchases.

 

1.9.4 Helander is not responsible for any mounting on canvases, the condition of frames or naturally occurring changes in materials, such as fading in paper and cracking in wood, worn edges, stains and yellowing on graphic works.

 

1.10 LIABILITY FOR DEFECTS

1.10.1 Helander’s liability for observed defects in purchased items, with the exception of the aforementioned, shall be limited to the following instances:

  • If the item is defective, Helander is primarily entitled to repair the defect, provided that the repair does not cause Helander unreasonable costs or inconvenience.
  • If a repair isn’t feasible, Helander has the right to annul the purchase.
  • Helander’s liability to the Buyer is always limited to the Buyer returning the item to Helander and Helander reimbursing the Buyer the hammer price as well as the auction fee, VAT and the Droite de Suite fee. Helander is not liable for any direct or indirect damages to the Buyer.

 

 

1.11 COMPLAINTS

1.11.1 It is the customer’s responsibility to comply with the terms of sections 1.9 and 1.10. A complaint must be made within 14 days of the end of the specified collection and payment period of the item, at the risk that the Buyer will lose the right to invoke the defect. The Buyer is obliged to examine the item upon collection and in case any defects are found, issue a claim immediately before removing the object from the premises of the Auction House. The use of an agent does not release the Buyer from the obligation to examine the item upon collection, concerning any defects that may lead to a complaint.

 

 

1.12 EXPORT LICENSE FOR CULTURAL OBJECTS

1.12.1 Exports of cultural objects are restricted by Finnish law. The legislation applies to the export of cultural objects from Finland to the other EU Member States and to exports from the European Community. In addition to Finnish legislation, the provisions of Council Regulation (EEC) No. 3911/92 apply to the export of cultural goods from the European Community. Regarding export licenses, please contact the Finnish National Board of Antiquities and/or the Finnish National Gallery.

 

 

2 SELLING

2.1 TERMS OF SALE

2.1.1 The Seller is obliged to notify any known issues that may affect the sale of the item. Helander has the right to decide in which auction and through which sales channels the item will be sold.

 

2.1.2 The items to be auctioned will be subject to a written agreement (excluding sales on behalf of the successful bidder (Buyer), Section 1.6.4). The commission for the items to be auctioned is stated in the price list, as well as the minimum commission per item.

 

2.1.3 Helander has the right to examine the items in more detail after the signing of the commission agreement. Helander has the right to withdraw from a sales commission after examining the item submitted for sale. Helander has the right to refuse to accept an item for auction if there is there is reason to believe it could impact Helander’s operations, including, but not limited to, ambiguities regarding the authenticity, ownership or sales rights of the item or any other factor affecting the sale. Helander is not liable for damages to the Seller resulting from a withdrawal from or refusal of a commission.

 

2.1.4 The collection of items for an auction by Helander is always agreed separately and in advance before the auction. Information on collection pricing is available on Helander’s price list.

 

2.1.4.1 Prior to the auction, the Seller will be sent an e-mail notification of the item numbers with which the items with images and information are listed in the auction catalogue.

 

2.1.5 After issuing a commission, items registered for auction are no longer available for collection by the Seller before the auction. In the case of emptying household effects/an estate of a deceased person, when concluding an agreement, the Seller must clearly specify items intended for auction and those to be retained. The Seller has no right to bid for any items they have commissioned for sale at an auction.

 

2.1.6 Helander has the right to offer an item for sale at one additional auction if it is not sold at the first. After the auction, any unsold items are delivered to a recycling company or/and landfill site or, if a separate agreement has been made with the Seller, the Seller shall collect the items by a given deadline.

 

2.1.7 Helander has the right to take photos of and list the items as it deems fit to be used on the internet, on printed materials, advertisements and for other documentation purposes. All such materials and images shall be considered the property of Helander and may also be used for purposes not related to a specific auction or sale of an item.

 

2.1.8 The Seller shall collect from Helander items that have not been included in an auction pursuant to clause 2.1.3 without delay and no later than by the given deadline from the date on which Helander has notified the Seller as well as any item that has not been paid within the time specified in clause 1.5.3. In the event that the Seller does not collect the item within the specified time, Helander has the right to submit the item for storage by a third party at the expense and risk of the Seller, or, if possession of the item is prohibited, the item shall be handed over to authorities.

 

2.1.9 If the auctioned item proves to be counterfeit, or the authenticity of the item is reasonably questioned, the winning bidder (Buyer) of the item cannot be proved with certainty, or some other substantial issue arises relating to the purchase, Helander has the right to annul the purchase. In the aforementioned cases, Helander shall refund the value of the purchase price to the Buyer. If the purchase price has already been paid to the Seller, the Seller shall pay an equivalent amount in compensation to Helander within 14 days of Helander’s request. Furthermore, the Seller shall be liable to pay compensation to Helander to cover all fees and expenses incurred by Helander due to the annulment of the purchase. An item of an annulled purchase will be available for collection by the Principal as soon as Helander has received the aforementioned compensation for the annulled purchase unless possession of the item is prohibited. Helander has the right to submit a counterfeit or a suspected counterfeit item to the authorities who make a decision either to hand over the item to the Seller or seize it.

 

2.1.10 The Seller is liable for following any unsold items at Helander’s My Pages service. No separate notice will be sent. Auction House Helander is not responsible for any technical disruptions related to electronic communications between the Auction House Helander and the Principal. Helander does not respond to telephone inquiries regarding unfinished sales processes.

 

2.1.11 If the item has been accepted for evaluation and the Seller does not want to sell the item or Helander detects a reason that bars the sale of the item, Helander will inform the Seller of the period within which the Seller can collect the item from Helander. If the Seller has not collected the item from Helander by the given deadline, Helander has the right to deliver the item for disposal or sell the item on behalf of the Principal.

 

2.1.12 If the item is not sold, Helander will charge a fee in accordance with the price list.

 

2.1.13 If a reserve price has been agreed for the item in connection with the commission and the unsold item has not been collected within 7 days after the auction, Helander has the right to put the item up for sale without the minimum price and the reserve price. Items put up for resale cannot be collected.

 

2.2 TRANSFER OF PAYMENT

2.2.1 The proceeds from the sale that have been paid in full are only transferred to the Principal’s bank account on the 16th day of the month following the auction or on the first banking day following it. The accounting statements for the transfers of payment will appear in the My Pages service on the same day, unless the Principal has ordered services from Helander (e.g. collection) that remain uninvoiced at the time. In this case the accounting statements will be delivered after covering these costs and the Principal will be sent an e-mail notification.

 

2.2.2 Helander is not obliged to take legal measures for the collection of payments or other equivalent measures due to non-payment of the purchase price, nor is Helander liable for the purchase price of the Buyer to the Seller.

 

2.2.3 If the Buyer does not pay the purchase price, Helander has the right, at its discretion, to resell the property on behalf of the Buyer who submitted the winning bid or to annul the purchase and obligate the Seller to collect the item. Helander may negotiate the procedure to be used with the Seller. If the Buyer has paid Helander the purchase price of the item but has made a complaint about the authenticity of the item or some other similar matter, Helander has the right to retain the payment in its account until the Buyer’s complaint has been resolved. If the Buyer’s complaint is justified, Helander may annul the purchase. If the Buyer’s complaint is not justified, Helander shall transfer the payment to the Seller.

 

2.2.4 Helander is not liable to the Seller or to any third party for any complaint issued on or relating to an item, including, but not limited to, a complaint concerning an item’s valuation, condition, authenticity, storage, purchase annulment or any other matter beyond Helander’s control. If, however, through no fault of its own Helander is obliged to pay compensation due to compensation issued by the Buyer or a third party, the Seller shall pay compensation to Helander for all incurred costs.

 

2.3 SET-OFF

Helander has a right of set-off against the Buyer and Seller. The Buyer and Seller have no right of set-off against Helander.

 

3. GENERAL

 

3.1.1 Helander is insured against transport, burglary, fire and water damages. The insurance covers the items from the moment Helander takes custody of them from the Seller. Helander stores items in a manner that a normal, careful person would their own. Helander is not liable to the Seller for the possible depreciation of the item resulting from scratches, natural wear and tear or other similar damage, nor for natural changes occurring in organic materials, such as cracking occurring in wood. If, however, an item is damaged and it is Helander’s fault (or the fault of a party under Helander’s liability), Helander’s liability is limited to the amount covered by Helander’s insurance. If Helander’s insurance does not cover the damages, Helander is not liable for the incurred damages to the Seller or Buyer.

 

3.1.2 Due to imperative legislation on anti-money laundering and countering the financing of terrorism, Helander is obliged to identify issues related to its customer and the customer’s activities, person and beneficiaries when the threshold values set in law are reached. If Helander does not receive the information and materials it has asked for, it may be obliged not to carry through the transaction or transactions. Helander has a right not to carry out a transaction or transactions if, according to its own judgement, it has not received adequate information and materials from its customer.

 

3.1.3 In the event that a force majeure prevents the parties from fulfilling their contractual obligations or the effects of the force majeure cannot be mitigated without unreasonable additional costs, the parties shall have the right to refrain from fulfilling their obligations under this agreement to the extent and for such time as force majeure prevents performance. An event of force majeure may include, but is not limited to, measures by public authorities, interruption of operations due to water damage, fire or other accident, disruptions in traffic or energy distribution, labour disputes (also when involving the contracting party) or some other material and exceptional reasons of an equivalent impact with consequences the parties could not have reasonably avoided. Failure to perform due to force majeure shall be communicated to the other party without delay, as shall the termination of the force majeure. The Seller or Buyer shall not be entitled to claim compensation from Helander for a delay resulting from the aforementioned circumstances.

 

3.1.4 The provisions of the Finnish language version of these Terms and Conditions shall prevail. The Terms and Conditions of the auction published in other languages are for information purposes only and are not binding.

 

3.1.5 Helander is entitled to charge default interest of 11% on its arrears.

3.1.6 Settlement of dispute

The agreement between Helander and the contracting party shall be governed by and construed in accordance with the Finnish legislation (excluding the choice of law rule), and any disputes arising from this agreement shall be resolved by the Helsinki District Court.

Online Auction Terms & Conditions at Helander

1. GENERAL

1.1 These terms and conditions apply to the items, which Auction House Helander (Yesterdays
Finland) Oy, hereinafter referred to as Helander, provides on its online auction service.
Helander operates as an auction house, which means that the owner of the item (the seller) has
given Helander a mandate to sell the item through the online auction service on behalf of the
seller. Helander may, in exceptional circumstances sell items which are owned by Helander, for
its own account, Mandatory legislation, these terms and conditions, the price list and other
procedures in connection with the online auction service published by Helander, exhaustively
determine the conditions which are valid for the registration to the online auction service, the
customer’s use of the service, both for the buyer and the seller. You must agree to the terms in
order to be eligible to use the online auction service.

 

1.2 These terms and conditions are applied on pure online auctions where no physical auction is
held. On auctions where a physical auction is held, General Terms and Conditions are applied.

 

2. REGISTRATION

 

2.1 Participation in the online auction requires a customer registration for the online service either
online or when in person delivering items for sale for the online auction. The customer is
required to provide correct and complete personal and contact information. The customer is
responsible for the data is kept up to date. By registering, you agree to be bound by the terms
and conditions of the auction service, as well as to other user instructions for the auction
service. If a legal person is registered as a customer, the registration must be made by a
natural person who is entitled to legally bind the legal person. This person must also be
registered as the contact person of the legal person. The following individuals/customers have
no right to use the online auction service: (a) persons who are less than 18 years of age or
older, (b) persons who have reduced legal capacity, or (c) customers who have been excluded
from the auction service on a temporary or permanent basis. The customer has only the right to
use the online auction service using his/her own username and password. The customer is
responsible for all bids and actions that are executed with customer’s username. The customer
shall, by the best of his ability, ensure that the password remains confidential and is not
disclosed to any third party. The customer has no right to lend or sell his username or password
to third parties. The password shall be changed immediately if there is reason to suspect that
user data has been compromised by third parties or otherwise have become or may become
misused. Helander protects the collected personal information. Helander may check the
accuracy of the information provided by the customer when registering or otherwise
communicated, for example, using various technical tools or searches in databases held by
third parties. Regarding the use of personal data see section 8 below. Helander reserves the
right to decide on the acceptance of customer registration and Helander has the right to decide
on freezing or deleting the customer’s usage privileges.

 

2.2 Helander has the right to require identity verification at the time of registration or thereafter, for
example when items are picked up.

 

3. BUYING

3.1 In the online auction, the bids are made according to the online service bidding process.

 

3.2 In the online auction, the bidder makes binding bids and raises his bids within the limits and
according to the steps allowed by the online service and the bidder shall follow the instructions
provided by the online auction service.

 

3.3 After the auction, the online auction service confirms the binding purchase agreement of the
highest bidder. The ownership of the item is transferred to the buyer once he has completed the
full payment.

 

3.4 The online auction service does not accept conditional bids and does not accept bids made by
the seller on the items he has offered for sale.

 

3.5 If a minimum price has been set for an item, the highest bid must reach that price in order to
create a binding sale.

 

3.6 We require proof of identity when the item is paid or picked up. When picking up / paying for
goods purchased by somebody else, the retriever must give proof of his identity and present
Helander with proof of his right to pick up the item.

 

4. PAYMENT

4.1 The final price of the item consists of the hammer price (the bid), the auction fee and the other
payments mentioned in these terms and/or the price list.

 

4.2 The buyer shall pay the auction fee, the item charge, both according to the price list, and the
resale right, if applicable.

 

4.3 At Helander ́s customer service facility payment by debit card, Visa, Master, and Eurocard
cards are accepted. Cash payments are not accepted. In the online service payment can be
made by means indicated within the service.

 

4.4 The buyer shall settle the payment for the purchased items within five (5) days of the end of
the auction. If no payment has been made, a penalty interest of 11.% is charged.

 

4.5 If payment has not been made within five (5) days, Helander has the right to take one of the
following actions or the following actions:

• stay in the contract and demand payment
• debit interest
• cancel the purchase
• re-sell the item on behalf of the first buyer

 

4.6 Helander will cover the buyer’s debts from the proceeds of the resale and any other costs
incurred by the actions of the buyer. The same rules apply to reselling as for Helander’s
charges as for normal sale. Any surplus will be paid to the buyer. If the amount obtained from
reselling is not sufficient to cover all of Helander’s receivables, the remainder will remain as the
buyer’s debt to Helander. The debt becomes due when Helander has announced the amount of
the debt to the buyer.

 

 

5. COLLECTION / DELIVERY

5.1 The buyer is responsible for collecting the purchased items. The item(s) will only be delivered if the payment has been completed in full at the time of collection. If the buyer has paid for the transaction outside of the online auction, such as a bank, he must have a verification of the payment transaction. A verification/receipt must be provided for the collection purchase of the goods. If items that have not been collected within the time limit, Helander will charge the
purchaser a storage fee in accordance with the price list or transfer the items to the third-party provider on behalf of and on the cost of the buyer.

 

5.2 In connection with the collection, the buyer shall reserve and take with him sufficient the
packaging material and, if necessary, help for carrying heavy goods. Helander strives to
reserve packaging material for sale, but cannot guarantee its sufficiency.

 

5.3 Helander’s liability for items will expire if they have not been collected within five (5) days of the end of the online auction.

 

5.4 If the items have not been collected within five (5) days of the end of the online auction,
Helander has the right to sell the item on behalf of the buyer (i.e. the first buyer) and at his risk. For the resale clause 4.6 applies.

 

5.5 PACKING AND SHIPPING OF ITEMS

5.6 It is the responsibility of the buyer to pick up and transfer the item(s). Helander and the buyer may enter into a separate agreement according to https://www.helander.com/shipping. Helander does no guarantee packaging and/or shipping services. On items sent by Helander the terms of transport of Posti (https://www.posti.fi/) are applied.

 

5.7 The purchaser may also enter into a separate agreement with any other company on packing and forwarding of items. It is the duty of the buyer to inform Helander of any such agreements and the buyer and Helander shall agree on the practicalities.

 

5.8 RESALE RIGHT

5.8.1 The Buyer shall pay an additional fee for the resale right in connection to the resale of works of art (Droit de Suite). The fee is a maximum of 5% calculated on the hammer price. In Finland, value added tax in accordance with the valid rate is added to the resale right fee. Further information on the resale right fee and copyright is available from the Visual Artists’ Copyright Society Kuvasto ry, www.kuvasto.fi. Lots that include a resale right fee for the Buyer if the
hammer price exceeds EUR 255 are indicated in the catalogue.

 

5.9 CONDITION OF LOTS

5.9.1 All items in the online auction service can be inspected at the customer service facility indicated in the description of the product/auction.

 

5.9.2 All lots are sold “as seen” and in accordance with the information in the online auction catalogue.

 

5.9.3 The online auction catalogue provides a brief list of information on available lots at an auction. The catalogue’s purpose is to assist buyers with their purchases. Item descriptions in the auction catalogue do not constitute expert statements. Helander is not liable for errors in the catalogue, including errors relating to the creator, authenticity, age, technique, condition or origin of the lots. The catalogue’s images serve as an aid for identifying the lots, not for assessing their condition, defects or deficiencies. Helander is not liable for defects or deficiencies that are not apparent in the relevant image or item description. Helander reserves the right to amend the catalogue.

 

5.9.4 Possible defects or deficiencies in the lots are not necessarily notified. Electronic appliances, clocks and other devices are not tested and no warranty is given for their functionality. Buyers are able to carefully examine the lot at the customer service facility in order to consider and assess its condition and quality and possible defects and deficiencies. Advance examination is a responsibility of the buyer and possible negligence thereof is the liability of the buyer, and
negligence does not entitle the buyer to issue a claim or to annul the purchase.

 

5.9.5 Helander shall not be liable for mounting on canvases, condition of frames or naturally occurring changes in materials, such as fading in paper and cracking in wood, worn edges, stains and yellowing on graphic works or similar changes.

 

5.10 LIABILITY FOR DEFECTS

5.10.1 Helander’s liability for observed defects in purchased lots, with the exception of the aforementioned, shall be limited to the following instances:

● If the item is defective, Helander is primarily entitled to repair the defect, provided that
the repair does not cause Helander unreasonable costs or inconvenience.
● If a repair isn’t feasible, Helander has the right to annul the purchase.
● Helander’s liability to the Buyer is always limited to the Buyer returning the item to Helander and Helander reimbursing the Buyer the hammer price as well as the auction fee, VAT and the Droite de Suite fee. Helander is not liable for any direct or indirect damages to the Buyer.

 

5.11 CLAIMS

5.11.1 The Buyer shall issue notice of a claim for defects without delay upon collecting the lot or at the latest immediately when the Buyer notices the defect. If the Buyer does not issue a written notice of a claim within one month of the close of the online auction, he shall no longer enjoy the right to rely on such a defect.

 

5.12 EXPORT LICENSE FOR CULTURAL OBJECTS

5.12.1 The export of cultural objects is governed by Finnish law. It is the duty of the buyer to obtain needed permits for the expoert of cultural objects. On needed permits: https://www.museovirasto.fi/en/services-and-guidelines/export-licences

 

6. WITHDRAWAL

6.1.1 If a buyer is a consumer, the buyer has the right of withdrawal in accordance with the provisions of chapter 6 on home and distance selling of the Consumer Protection Act. However, the buyer does not have the right of withdrawal if the exceptions to the right of revocation of this law apply.

 

6.1.2 The Buyer shall notify Helander of the right of withdrawal within a 14-day withdrawal period. The withdrawal period begins on the day the buyer receives the item, either himself or through his agent. In the cancellation notice, the seller shall indicate the item number and the buyer’s name and it must be submitted to Helander via an electronic form, by e-mail to info@huutokauppahelander.com, or otherwise in writing. The buyer shall use the same email address as the buyer has registered with as a customer. After the cancellation, the buyer shall at his own expense return the item within fourteen (14) days. The item must be returned to Helander’s office where the buyer has picked up the item or arranged for the pick up to be made. Refunds may not be made by cash on delivery or similar arrangements. The buyer carries a
risk of damage to or loss of the item. The buyer must pack and handle the item in a manner not damage it during transport. Helander retains returned items that are not covered by the right to return, at the point of purchase of the item for the buyer to be picked up. If the item is not picked up within five (5) days, a deposit will be charged to the buyer. Once Helander has received the item, the payment will be returned to the buyer within 14 days, less any
possible depreciation of the item that the buyer may be responsible for. The refund will be in
the same format and on the same account number or debit card as is used for the purchase.

 

6.1.3 If Helander suspects that the buyer abuses his right of withdrawal, e.g. by exercising his right of withdrawal in order to not comply with the bids the buyer has submitted and thereby affect the bidding process, buyer or other customers in ways that Helander does not accept, Helander reserves the right to close the customer account and customer access to the online auction service.

 

7. SALE

 

7.1 The Sales commision

7.1.1 Helander undertakes to auction the items received by the seller on behalf of the vendor in an online only or physical (hammer) auction. The hammer auction is subject to the General Terms and Conditions applicable to Helander’s hammer auctions, not these terms.

7.1.2 A written agreement on the items to be auctioned items shall be made (except for a sale on behalf the first buyer as noted in 4.5).

 

7.2 Terms of Sale

7.2.1 The seller is responsible for having unrestrained ownership of the items delivered to Helander for sale. If this is not the case, the seller must, by means of a written documentation, be able to prove his power to sell and receive payment for the items he has left for sale. The seller is obliged to disclose all matters he knowns, relevant for the sale, about the items for sale.

 

7.2.2 Helander will collect its sales commission and the processing fee according to the price list from the hammer price for the auctioned item. For each sales lot a minimum sales commission as stated in the price list is applied.

 

7.2.3 If a minimum price is agreed upon an item and the item is not sold, Helander will charge the seller with the minimum sales commission or a separately agreed amount.

 

7.2.4 For items for which Helander appraises the hammer price likely being below 1000 €, Helander does not agree on a minimum price.

 

7.2.5 Helander has the right to examine items more closely after signing the sales commission agreement. Helander has the right to back off & abandon the sale after having examined the item sold and the right to refuse to engage in the auction after signing the sales commission agreement if there is a reasonable cause for Helander’s action, for example, but without limitation, due to ambiguity in the object’s authenticity, ownership or right to sale, or other factors affecting the sale . Helander has no obligation to pay compensation to the seller as a result of the waiver or refusal.

 

7.2.6 If Helander’s object is likely to be counterfeit, Helander has the right to report the item to the police. Helander is not responsible for any additional costs, other damages, extra effort or immaterial damages if the item turns out to be genuine.

 

7.2.7 Helander’s pickup of objects for the auction is always agreed upon separately and in advance
before the auction. Prices for pick up are indicated on Helander’s website.

 

7.2.8 The items registered for an auction will no longer be available to the seller after commission agreement has been entered into. When concluding the agreement, the seller must accurately determine which items are to be auctioned and what is to retained when emptying of a household or estate of items. The seller does not have the right to bid for items the seller has made available for the auction.

 

7.2.9 Helander has the right to resell the item at later or later auctions unless sold at the first auction. Unsold items are delivered for recycling and/or rubbish dump, or if agreed with the customer, the customer will collect them within five (5) days of the Helander announcement. Unless a customer has picked up an item within the agreed time, Helander has the right to deliver the item for recycling and / or rubbish dump. Items that are not picked up are delivered to recycling and / or rubbish dump. The seller is responsible for a possible rubbish dump disposal fee and transportation costs to the rubbish dump.

 

7.2.10 Helander has the right to photograph and catalog items as it sees fit, for the Internet, print media, ads and other documentation. All such material and images are Helander’s property and may also be used for purposes other than those relating to an individual auction or sale of an item.

 

7.2.11 Helander does not assume any financial liability with respect to changes in the final price of the item when a consumer exercises his right of cancellation under the Consumer Protection Act. If the buyer exercises his right of withdrawal, Helander is entitled to recover the purchase price that may have been paid to the seller.

 

7.2.12 The seller must pick up from Helander any item that is not qualified for an auction in accordance with section 7.2.5, without delay and within 7 days of the date on which Helander has informed the seller. If the seller has not picked up the item within that time, Helander has the right to give the object an external storage, whereby the item is stored at the expense and risk of the seller or, if possession of the object is not allowed, the item is handed over to the authorities.

 

7.2.13 If the auctioned object proves to be counterfeit or other material issues related to the trade related appear, Helander is entitled to discontinue the sale. In the above cases, Helander will return the purchase amount to the buyer. If the amount of the sale has already been paid to the seller, the seller will pay the corresponding amount as compensation to Helander within 14 days at the request of Helander. In addition, the vendor is liable to compensate Helander for all charges incurred by Helander and the costs of unloading. The item in question is available for pick by the seller as soon as Helander has received its receivables based on the cancellation of the transaction, unless possession of the object is prohibited.

7.3 Settlement of a sale

7.3.1 The settlement of a sale will only be effected by bank transfer to the seller following the auction, for such items that the buyer has paid in full, provided that the buyer has not made a complaint or announced his withdrawal based on his right to withdrawal. A calculation of the settlement is published the same day on the seller’s My Pages service.

 

7.3.2 Helander is not obliged to take legal action or any other similar measures as a result of an unpaid purchase price, and Helander is not responsible for the buyer’s purchase price to the seller.

 

7.3.3 If the buyer doesn’t pay the purchase price, Helander is entitled, at its discretion, to re-sell the property on behalf of the buyer or to rescind the sale and oblige the seller to pick up the item. Helander may, at its wil, negotiate a. procedure with the seller. If the buyer has paid the amount of the item to Helander, but has filed a complaint about the authenticity of the item or any other such thing, Helander has the right to hold the purchase amount on its own account until the buyer’s claim has been settled. If the buyer’s complaint is justified, Helander may rescind the sale. If the buyer’s claim is not justified, Helander will make a settlement to the seller.

7.3.4 Helander shall not be liable to a seller or any third party for an item or any requirement relating thereto, such as, but not limited to, the assessment, condition, authenticity, retention, withdrawal of an item or anything matter or circumstance outside of Helander’s control. If, however, through their own fault, Helander, due to the buyer or third party claims, is liable to pay such compensation, the seller is liable to compensate to Helander any expenses Helander has had to pay.

 

7.4 Withdrawal

7.4.1 If the buyer exercises his right of withdrawal according to Consumer Protection Act, Helander reserves the right to re-issue the item to the auction without a separate notice to the seller. Helander does not have any liability towards the seller for any difference in the final sales price.

7.5 Set-off

7.5.1 Helander has a right of set-off against the buyer and seller. Neither the buyer nor the seller do not have the right of set-off against Helander.

 

 

8. PERSONAL DATA

8.1 Helander complies with the provisions of the Finnish Personal Data Act and the Information
Society Law concerning the processing and registration of personal data. Helander handles
personal information provided in connection with the provision, management and control of the
online auction service or otherwise in Helander customer / contractual relationship for
administrative purposes and to fulfill the obligations and obligations of the auction and the law
requires of Helander. Personal information may also be used for market and customer analysis,
statistics and marketing purposes, such as targeted advertising, administrative messages,
product offers, newsletters, etc. In addition, the customer’s personal information may be used
for billing and sending important information to the customer, such as changes in additional
charges, price list or terms. Personal information may also be used to enable Hellander to
contact the customer or to send specially targeted information to him. Personal data may be
supplemented by private and public records. Personal Data may be disclosed to Helander
(Yesterdays Finland Oy) concern for the aforementioned purposes for other companies and
enterprises with which it cooperates. A person who (a) does not want his / her personal data to
be used for direct marketing purposes or a person who (b) wishes to access or modify any of
his / her personal information about Helander may make a written request to Helander

 

9. COOKIES AND THE POSSIBILITY NOT TO ALLOW COOKIES

9.1 Helander may use various tools to see how a customer uses a service and a website. A cookie
is a small text file that a web site sends to a client’s web browser when a customer visits a web
site. The text file contains information that Helander can, for example, apply its services to
better meet the needs of the customer. Helander may also use web sites to use structures that
allow websites to count the number of individual visitors on the site. Helander may be used in
the primary and third-party cookies and Web beacons to display content, for example. ads are
targeted Helander or a third-party website to the customer. This includes the use of such
technology that allows customer alerts and the measurement of the benefits of notifications that
they see, for example, to determine whether or not a customer clicked a notification. Helander
may also allow some affiliates to send cookies or imitations to a customer’s web browser when
a customer visits a web site. Helander uses cookies and imitations to collect anonymous
information for their own use or with a partner. This data collection aims to measure the power
of alerts and our partners can get information about this. Helander may use different analytics
programs to evaluate and collect visitor statistics. The customer can choose whether to allow
cookies or not. If the customer wants to know when the computer receives a cookie, through
the browser program options, this information can be selected. By doing so, Customer may
allow or not allow a particular cookie. Alternatively, you can not allow cookies at any time by
choosing a computer from the computer settings. If the customer chooses not to allow the
cookie function, the quality and availability of some parts of the Service and Website may be
impaired or limited

 

10. PERIOD OF AGREEMENT

10.1 These terms and conditions apply to the customer when using the online auction service and on the purchase of objects through the service from the time the customer has registered with the
auction service or entered into a sales agreement with the auction service of Helander.
Helander reserves the right to change these terms, price list and other charges. Helander also
reserves the right to temporarily change prices for marketing campaigns. When changes are
made, you will be informed about the change by e-mail or when the customer signs in to the
auction service.

11. OTHER TERMS

11.1 Helander has insurance against transportation, burglary, fire and water damage. The insurance covers the items from the moment Helander takes possession of them from the seller. Helander stores the item as a normal, diligent person, and is not liable to the seller for any possible
depreciation of the item, whether due to scratches, normal wear and tear or natural changes in
living material (e.g., but not limited to, wood cracking). However, if the item has suffered
damage due to Helander (or one for whom Helander is liable for) due to negligence, the liability
is limited to the amount of Helander’s liability for the Helander insurance coverage. If no
compensation is paid from the insurance, Helander will not be liable for the damage caused to
the seller or buyer.

If force majeure prevents a party from fulfilling its contractual obligations and its effect can not be
removed without unreasonable additional costs, the parties have the right to refrain from fulfilling
their obligations under this Agreement to the extent and for as long as force majeure prevents
fulfillment of the obligations under the contract. Such an event that constitutes a force majeure
may, in addition, be an act of a public authority, interruption of operation due to water injury, fire or other accident, interruption of public transport or energy distribution, labor disputes (including when a party to these terms is involved) or other similarly significant and unusual cause; the consequences of which they could not reasonably have avoided. The non-fulfillment of contractual obligations resulting from force majeure must be notified to the other party without delay, as well as the cessation of force majeure. Seller or buyer is not entitled to claim Helander compensation for delay due to above-mentioned reasons.

11.2 The binding language of these auction conditions is Finnish. The auction terms published in other languages are only for information purposes and are not binding.

 

11.3 Dispute resolution

11.3.1 Helander and a contractual party to this agreement shall be governed by Finnish law (excluding conflict of laws rules) and the venue for disputes arising out of such an agreement shall be settled by the Helsinki District Court.

 

 

 

A registry description (in Finnish) is available at https://www.helander.com/tietosuoja

Subscribe to our newsletter and stay up to date!

Subscription form
I agree with Helander's Privacy policy

© Huutokauppa Helander 2021. All rights reserved.

Auction terms  I  Privacy policy

More than

an auction