GENERAL TERMS & CONDITIONS
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:
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 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
1.3.4 Telephone bid
188.8.131.52 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.
184.108.40.206 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.
220.127.116.11 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.
1.5.1 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 seven (7) 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 seven (7) days, Helander has the right to take one or more of the following measures:
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.
1.6.1 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 seven (7) 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:
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.
2.1 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.
18.104.22.168 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 14 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.
Helander has a right of set-off against the Buyer and Seller. The Buyer and Seller have no right of set-off against Helander.
3.1.1 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 disputes
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.