Auksjonen.no

Conditions for net auction and purchase and sale via www.auksjonen.no

1.1
The Internet site www.auksjonen.no (the "Web site") is a website which facilitates purchase and sale of objects, rights and services ("Goods"). Auksjonen.no AS (Norwegian business registration number: 897 396 572) ("Auksjonen") is the rightsholder of the Web site, and facilitates auction sales- and purchases via the Web site.
1.2
In these conditions for net auction and purchase and sales via auksjonen.no, (the "Conditions") the person who establishes a user profile via auksjonen.no is referred to as "the User", the person giving a bid for Goods is referred to as "the Bidder", the person purchasing Goods is referred to as "the Buyer", and the person advertising / selling Goods is referred to as "the Seller". User, Bidder, Buyer and Seller are referred to collectively as "the Users". By "Business day" is meant Monday to and including Friday, with the exception of public holidays.
1.3
The Conditions set out rights and obligations between each of Auksjonen, a User, a Bidder, a Buyer and a Seller. The Conditions also regulate the agreement regarding the sale of Goods from Seller to Buyer, and contain conditions upon which such buying and selling takes place (the "Purchase Agreement"). Between the Buyer and Seller, the Conditions can be deviated from by the Purchase Agreement, including the individual advertisement for the sale of Goods on the web site (the "Auction Advertisement") or in written communication between the Buyer and Seller.
1.4
The Users and Auksjonen are bound by the current Conditions, such as these are available on the Web site from time to time.

2.1
Auksjonen is not a Seller or party to the Purchase Agreement. Briefly on the role of Auksjonen: With the exception of that stated in para. 2.2, Auksjonen is not the Seller of Goods and not a party to the Purchase Agreement that is entered into between the Seller and the Buyer. All rights and obligations pursuant to the Purchase Agreement are exclusively between the Buyer and the Seller. The Purchase Agreement is entered into at the Buyer’s and the Seller’s own account and risk. It is emphasised that Auksjonen has no control over, or responsibility for, the quality, security, legality or existence of Goods that are sold, or the correctness of any information given in other respects. Auksjonen does not carry out a preliminary assessment of Goods that are sold unless something else is stated. Auksjonen has no liability for any breach of the Purchase Agreement on the part of the Seller or the Buyer, or loss they may suffer connected to the contents or performance of the Purchase Agreement, (including Auction Advertisements), including that Auksjonen does not guarantee for payment of sales of Goods, delivery of Goods, that the Buyer can or will settle the Total Amount (as defined in para. 9.2), for information regarding Goods or for the quality of the Goods. See also para. 18.3 (limitations of liability and compensation limitations for Auksjonen).

The role of Auksjonen is as representative (Norwegian: fullmektig) for the Seller and has inter alia the authority to accept or reject bids and receive settlement on behalf of the Seller (see further in para. 13). Since the sales take place in the Seller’s name, the role of Auksjonen does not fall under the Norwegian Act relating to mercantile agencies, commercial agencies and commercial travellers (Norwegian: Kommisjonsloven). Auksjonen acts only as an intermediary for the Seller, and is not jointly and severally liable together with the Seller (see section 1, subsection 4, of the Norwegian Consumer Purchase Act (Norwegian: Forbrukerkjøpsloven)).

Auksjonen’s obligations towards the Buyer are connected to payments for purchase of Goods, see paras. 10 and 12 (payments to Auksjonen and disbursements / repayments from Auksjonen).
2.2
Exception – explicitly stated that Auksjonen is the Seller: In some cases Auksjonen sell Goods for others on commission. Auksjonen is then the Seller of the Goods, and it will be explicitly stated in the Auction Advertisement that Auksjonen is the Seller. In such cases para. 2.1. will not apply to the extent that Auksjonen is then also the Seller of the Goods to the Buyer.

3.1
Registration and identification as a User: In order to be able to create Auction Advertisements, bid, buy or sell on the Web site, the User must register on the Web site. Such registration is free. To register a private person as a User, the User must have attained the age of 18. When registering, the User must inter alia state the user type (company account or private person), user name (email address), password, date of birth or enterprise number, and mobile phone number. Before any payments for sales can be transferred from Auksjonen to a Seller, the Seller must be identified with BankID. Upon request by Auksjonen, other necessary information / verifications must also be stated to Auksjonen. Other information that is necessary to effectuate the Purchase Agreement (such as for instance account number and the Buyer’s delivery address) must also be stated to Auksjonen. As a link in the activation of the user account, the User must enter a code received by SMS.
3.2
My page: When registration is completed, the User will be shown with a separate user account ("My page") on the Web site, and receive a confirmation of this from Auksjonen by email. Thereafter the User will be able to create Auction Advertisements, bid, buy and sell on the Web site. For businesses that are going to sell Goods, a supplementary distribution contract (Norwegian: forhandleravtale) shall also be entered into with Auksjonen, before Auction Advertisements will be published on the Web site.
3.3
Correct information on My page: Each User is responsible him- or herself for seeing that all registered information on My page is updated and correct at all times.
3.4
Obligation for secure storage of user names and passwords: Each User shall store user name and password to My page in a secure manner, and see that a password that others do not know or can trace is used. If the user name and password are not stored in a secure manner, or My page is abused in another manner, the User that is registered as the owner of My page is him- or herself responsible for any loss suffered by other Users or potentially Auksjonen. Auksjonen is under no circumstances responsible to any of the Users for incorrect use of My page. See also para. 7.7 regarding that all bids are binding for the holder of My page.
3.5
Prohibition against copying or using information: No Users can copy or use information or data from the Web site or Auction Advertisements for other purposes that the purposes that are described in the Conditions, including commercial purposes, without the written consent of Auksjonen.
3.6
Necessary rights and permissions to sell / purchase: Each User is him- or herself responsible for having the right to sell Goods he offers for sale on the Web site, and having all required permissions for sale (for instance autorisation to sell used goods or export control license is required) and for having the right to bid for Goods the User bids on.
3.7
Taxes and charges: Each User is him- or herself responsible for fulfilling their own tax and charges obligations, including evaluation of, and information on, their own or the Goods' tax- and value added tax position. Each User is him- or herself responsible for the consequences of operating with incomplete or incorrect information with regard to his or her or the Goods' tax- and value added tax position, and each User shall hold Auksjonen harmless from any demand from other Users or third parties that is related to this.
3.8
Exclusion of Users. Closing of My page: Auksjonen can exclude a User or close My page for a User who acts contrary to the Conditions once or several times in such a manner that Auksjonen does not wish the person as a User, including if the Buyer does not pay the Total Amount in time, or in the case of other unacceptable behaviour.
3.9
Changes to the Web site: Auksjonen may freely undertake changes to the Web site (such as design, search technique etc.) without obtaining the consent from, or giving prior notice to, the Users.

4.1
Separate auctions for each Goods: Separate auctions shall be held for each individual Goods.
4.2
Self-advirtisement of Goods for sale: A Seller may him- or herself create an Auction Advertisement via My page. It is important that the Seller describes the Goods objectively and thoroughly, and fulfils his or her general informational obligation as Seller (see also para. 5). Auksjonen recommends that the Seller advertises clear and descriptive photographs of the Goods in the Auction Advertisement, as well as text that thoroughly describes the Goods. The Seller can only use his or her own photographs of the Goods.
4.3
Auksjonen advertises Goods for sale pursuant to agreement with the Seller: For Sellers who are businesses, Auksjonen, pursuant to agreement with the Seller, can create an Auction Advertisement based on information received from the Seller. Auksjonen can require the prior approval of the Seller before the Auction Advirtisement is published.
4.4
Auksjonen’s review of the Auksjon Advertisement, changes to the Auction Advertisement: Before en Auction Advertisement the Seller him- or herself has created is published on the Web site, Auksjonen is entitled to review the Auction Advertisement. Auksjonen can propose changes, or itself implement minor changes (for example correct typing errors, change the sequence of photographs, etc.) in the Auction Advertisement the Seller has created. If Auksjonen has undertaken minor changes in the Auction Advertisement, the Seller will be informed that the Auction Advertisement has been published with minor changes. If Auksjonen is of the opinion that larger changes must be made in the Auction Advertisement before it is published (for example change in price or that further information regarding the Goods are required), the Seller shall be informed of this. The Seller must then supplement the Auction Advertisement or approve the changes proposed by Auksjonen so that the Auction Advertisement can be published. If the Seller does not reply to Auksjonen’s enquiry, the Auction Advertisement will be published with Auksjonen’s changes.
4.5
The right to reject Auction Advertisements: Auksjonen can reject Auction Advertisements before publication if there is justifiable reason. For example, such justifiable reason can be that in Auksjonens opinion the Auction Advertisement is incomplete, inappropriate, unsuitable, or has an unrealistic Minimum Price (defined in para. 7.3), if there are grounds to suspect irregularities (for example suspicion that the Seller does not have the right to sell the Goods) or if the Goods do not fit in with the Goods Auksjonen wishes shall be communicated via the Web site.
4.6
Liability for the contents of the Auction Advertisement: The Seller is liable for all the contents of the Auction Advertisement, including that the Seller’s informational obligation is met, and that the description of the Goods and the Auction Advertisement are in accordance with current legislation and the Conditions at all times. Auksjonen is not liable for the contents of the Auction Advertisement.
4.7
The Seller can offer the Goods only on the Web site after the publication of the Auction Advertisement: After the Auction Advertisement has been published on the Web site and up to when both the Bidding Period (defined in para. 7.4) and all bids received have expired ("Binding Period"), the Seller shall only offer the Goods in question for sale by Auction Advertisement. The Goods cannot be offered for sale through other sales channels. If, during the Binding Period the Goods are sold outside the Web site, the Seller shall pay Auksjonen the Seller Fee and the Buyer’s Auction Fee calculated on the Minimum Price (the Seller Fee and Buyer’s AuctionFee are defined in paras. 8.1.1 and 8.2.1). In the event that sales can be made for free (ie if the Seller's Fee is zero), the Seller shall instead of paying the Seller's Fee to Auksjonen as mentioned cover Auksjonen's expenses and any compensation to the Buyer.
4.8
Further use and communication of the Auction Advertisement: Auksjonen can use all the contents in the Auction Advertisement (including text and photographs) for Auksjonen's own purposes in communication, marketing, statistics and further development of Auksjonen’s services. Auksjonen can also freely communicate the whole or parts of the Auction Advertisement on any other channel, including on external web sites (for example, by the use of search words on Google, etc.). However, Auksjonen has no obligation to undertake such communication. For handling of personal information, see para. 17.
4.9
Storage of advertising data: Finalised auctions will be shown on the Web site for a period of four days. Generally, Auksjonen stores advertising data for as long as is regarded as necessary after an auction is finalised, but is not obligated to undertake such storage. Further, please note that data from the Auction Advertisement can have been stored on external web sites and search engines etc. (including spiders), and that this is outside Auksjonen’s control. For handling of personal information, see para. 17.

5.1
A Goods are sold "as is" and "where is": Goods are sold "as is" and "where is". In an Auction Advertisement, the Seller shall give information regarding circumstances regarding the Goods and its use which the Seller knows about, and which a Buyer has reason to expect, and shall also fulfil his or her informational obligation pursuant to the Norwegian Sale of Goods Act / Norwegian Consumer Purchase Act. This includes information regarding the most important features and functionality of the Goods, including information regarding amount / number and accessories. When it comes to consumer purchases, the Goods shall comply with the requirements of section 15 of the Consumer Purchase Act, unless an exemption from the requirements has been agreed in accordance with section 15 second paragraph of the Consumer Purchase Act.
5.2
Special information on Goods sold from a bankrupt estate with no/limited knowledge regarding the Goods: Some of the Goods that are communicated via the Web site are sold by bankruptcy estates, mortgagees (including mortgagees authorised to sell the Goods on behalf of the Seller), or others having no, or very limited, knowledge of the Goods. In such sales, the Buyer must assume that very little further examination of the Goods has been undertaken by the Seller. Also in other cases where the Seller sells the Goods on behalf of others, the Buyer must assume that the Seller has limited knowledge of the Goods unless something else is stated.

In the cases mentioned the Goods are sold "as is", "where is" and "with the limitations that may exist". The Seller is therefore not liable for clear and/or hidden defects and defects with the Goods, including faults or defects in quality, quantity, completeness, applicability, or the like.

In the cases mentioned, except for the cases where mandatory legislation prevents it, the Buyer waives any right put forward a claim for compensation in connection with the sale and the Purchase Agreement, as well as any right to claim repayment of the whole or parts of the Purchase Price on the basis of a claim for cancellation or reduction in price. This also entails that the Buyer cannot put forward a claim for compensation of direct or indirect loss, other consequential damages or loss, or a claim for payment of any loss of data, profit, income, dividend, turnover etc. independent of how and when the damage or loss has occurred (whether the damage or loss is due to negligence or breach of contract or has taken place in another manner).
5.3
The Buyer’s inspection/examination: All Goods are sold "as is" and "where is" and otherwise in the condition set out in this para 5, and the Seller therefore assumes that the Buyer carries out the necessary examinations of the Goods at the given location (the place where the Goods are located) before the Buyer chooses to accept the Goods "as is" etc. before the Buyer submit a binding offer pursuant to para. 7.7.

Apart from the final price of the Goods, which is decided by the auction, the Purchase Agreement is to be regarded as finally negotiated by the Buyer’s acceptance of the Goods "as is" etc. at the given location.

If the Buyer chooses to submit a bid without having inspected the Goods and accepted it «as is» etc. at the location, this is at the Buyer’s risk. The Buyer can therefore not put forward any claim against the Seller or Auksjonen as a result of that the Buyer has not carried out the necessary examinations of the Goods. See also paras. 5.1 and 5.2.
5.4
Questions regarding the Goods: Beyond the Buyer’s inspection of the Goods at the location, a Buyer should contact the Seller in the event of questions regarding the Goods before a bid is submitted. Contact information to the Seller, or possibly Auksjonen, is indicated in the Auction Advertisement.

6.1
Goods are sold free of encumbrances: Cars and other vehicles sold via the Web site will often have registered encumbrances. The starting point is that all Goods shall be sold free of registered mortgage charges or other encumbrances, unless the Seller states otherwise. As concerns deletion of encumbrances, see para. 6.3.
6.2
Special information regarding Goods sold from bankrupt estates and other Sellers with no / limited knowledge of the Goods: Goods that are sold by bankrupt estates and other sellers as stated in para. 5.2 shall also be sold free of registered mortgage charges, but with any non-registered encumbrances or other limiting rights others than the Seller may have on the Goods. Unless something else is stated, the mentioned Sellers are not aware that others than the Seller have non-registered encumbrances or other limited rights to the Goods. Any charges and fees owing for the Goods are also the responsibility of the Buyer and are in addition to the Total Amount (defined in para. 9.2) in the event of sale from the mentioned Sellers.
6.3
Cancellation of encumbrances: If there are registered encumbrances on the Goods and the Seller shall undertake cancellation of them, the Buyer must be aware that cancellation in some cases cannot take place before the Goods are sold, for example, in order to prevent accrual of registered mortgage charges during the period the Goods are for sale. Any cancellation of mortgage charges will normally take from 1 – 4 weeks and will be undertaken by the Seller (or by Auksjonen on behalf of the Seller, by agreement with the Seller). If additional encumbrances accrue (typically liens by distraint (Norwegian:. "utleggspant" ) in the period from which the Goods are put up for sale and until payment is received, this may extend the time it usually takes to delete mortgage encumbrances. In the case of questions regarding mortgage / charges, send an email to oppgjor@auksjonen.no.
6.4
Permits are the responsibility of the Buyer: Any EU approval of motor vehicles or other necessary permits for takeover, import, or use of the Goods are the responsibility of the Buyer unless otherwise stated by the Seller.
6.5
Data: If the Goods are or includes computers or other storage mediums, the Goods shall be delivered with a cleared harddisk and without an operative system. If the Buyer should nevertheless find data which has not been deleted, the Buyer shall immediately delete such data. The Buyer cannot use this data in any manner whatsoever. Wrongful use of such data can entail liability for compensation and criminal liability towards the Seller and others.

7.1
Prohibition against bidding for own Goods. Illegal bids: The Seller cannot him- or herself submit bids for Goods offered by the Seller or give others the task to submit bids for such Goods. Co-operation that limit competition (se section 10 of the Norwegian Competition Act) is prohibited. False bidding, attempts at fraud, document forgery, and other criminal activity can be reported to the police.
7.2
Upset Price: At the time of creation of the Auction Advertisement, the Seller shall indicate the minimum price a bid must be, exclusive of any value added tax, so that a bid shall be registered ("Upset Price"). Upset Price will be shown in the published Auction Advertisement. The Upset Price can be lower than the Minimum Price (defined in para 7.3). The Seller is not obligated to sell the Goods at Upset Price.
7.3
Minimum Price: At the time of creation of the Auksjon Advertisement, the Seller shall indicate the lowest amount the Seller is willing to sell the Goods for, excluding any value added tax ("Minimum Price"). The Seller can also choose to accept a bid under the Minimum Price. The Minimum Price will not appear in the published Auction Advertisement before the Minimum Price is reached. The bid is binding even though the Minimum Price has not been reached and the deal can be completed if the Seller accepts the bid.
7.4
Bidding period: In every Auction Advertisement there is a fixed Bidding Period with a start and finish time ("Bidding Period"). If a bid is registered during the last few minutes of the Bidding Period, the Bidding Period is extended automatically with a given number of minutes from when the last bid was received. The number of minutes that are added, are specified under each auction. Only bids that are entered during the Bidding Period will be registered.
7.5
Extension of the Bidding Period in the case of technical problems: In the case of technical problems, Auksjonen can extend the Bidding Period, after a reasonable evaluation. In the case of such extension the Seller and Bidders will be informed by email.
7.6
Bid increase: All auctions have a pre-defined bid increase. New bids that are entered must always meet the least highest existing bid with the addition of a miniumum bid increase for the bid to be registered.
7.7
Binding bid: A bid is binding when it is registered on the Web site or received in another manner by Auksjonen. This applies independent of whether there are others than those registered as account holder of My Page who have actually entered the bid (see also para. 3.4 regarding the obligation to secure storage of user name and password). A registered bid cannot be deleted by the Bidder.
7.8
How long a bid is binding: Every bid is binding from the entry and to and including two Business Days calculated from and including the first Business Day after the Bidding Period has expired ("Acceptance Period") or up to an earlier point in time where:
  • A new and higher bid is registered on the Web site, or
  • The applicable auction is cancelled (see para. 14).
During the Acceptance Period the Bidder having the highest bid at the end of the Bidding Period will receive a notification from Auksjonen on behalf of the Seller if the bid has been accepted (see para. 7.11 regarding acceptance of bids). If acceptance has not been sent or in another manner notified to the Bidder at the expiration of the Acceptance Period, the bid is no longer binding.
7.9
The autobid function: A User can use the autobid function on the Web site. In the autobid function the User registers the highest amount the User wishes to bid for the relevant Goods. The autobid must at a minimum be set at the highest current bid plus the minimum allowed bid increase. By the use of autobid, bids will automatically be placed for the User with the minimum allowed bid increase until the User’s maximum autobid has been reached. If the User’s autobid will not exceed the highest bid plus the minimum allowed bid increase, no bid will be entered for the User. Maximum autobid can be changed by entering a new desired amount in the field for autobid on the Auction Advertisement. As for other registered bids, an already registered autobid cannot be deleted by the Bidder.
7.10
The buy-now function: If the Seller has activated the buy-now function in the Action Advertisement, a User can use this for submitting bids. If a User via the buy-now function submits a bid equivalent to the Seller’s indicated buy-now price, a binding Purchase Agreement is entered into when the bid registered, and the auction is ended immediately. Auksjonen will then send the Contract Document (see para. 7.13) and payment information (see para. 10.1) to the Buyer as soon as possible.

If the User via the buy-now function enters a bid that is below the Seller’s indicated buy-now price, the bid is binding for the Bidder for 48 hours ("Buy-now Acceptance Period") or until an earlier point in time where one of the occurrences in para. 7.8 (how long a bid is binding) takes place. If the Seller accepts this lower bid before the expiration of the Buy-now Acceptance Period, a binding Purchase Agreement has been entered into, and the auction is ended immediately. Auksjonen will then send the Contract Document (see para. 7.13) and payment information (see para. 10.1) to the Buyer as soon as possible.

The Seller can at any time lower his or her buy-now price and also reject any bid under his or her buy-now price.
7.11
Acceptance of a bid: Acceptance of a submitted bid shall take place by Auksjonen (on behalf of the Seller) to the Bidder in question within the expiration of the Acceptance Period. Acceptance usually takes place by email or by dispatch of the Contract Document (see para. 7.13) for signing. The Seller him- or herself is not allowed to accept a bid.
7.12
Binding Purchase Agreement: A binding agreement of transfer of the Goods are entered into between the Seller and Buyer when Auksjonen (on behalf of the Seller) has accepted the Bidder’s bid (see para. 7.11), or by automatic entry of an agreement using the buy-now function (see para. 7.10). This applies regardless of whether the Contract Document is signed (see para. 7.13).
7.13
The Contract Document: The Contract Document is an easily accessible documentation of the Purchase Agreement which is sent from Auksjonen (on behalf of the Seller) to the Buyer for the Buyer’s signature ("Contract Document"). The Purchase Agreement, including the Auction Advertisement and the Conditions, will form part of the Contract Document. The conditions agreed between the Buyer and Seller (including information given regarding the Goods) constitutes a part of the Purchase Agreement even if not included in the Contract Document. The purpose of the Contract Document is to give the parties easily accessible documentation of the purchase, but a binding contract has already been entered into pursuant to para. 7.12 regardless of signing of the Contract Document.
7.14
Buyer’s signing of the Contract Document: The Buyer shall as soon as possible and at the latest two Business Days after the Buyer has received the Contract Document, sign the Contract Document and return it to Auksjonen. Even if the signed document is not received from the Buyer, Auksjonen can issue a Delivery Certificate (defined in para. 11.1) if the Total Amount (defined in para. 9.2), has been paid and otherwise let the deal be completed as described in the Conditions. If the Buyer does not return the signed Contract Document, the Seller can for the Buyer’s account refuse to deliver the Goods, even though the Buyer has paid the Total Amount. Auksjonen is not obligated to send reminders regarding the signing of the Contract Document from the Buyer.
7.15
Payment details: At the same time as Auksjonen sends the Contract Document to the Buyer, Auksjonen shall send payment details to the Buyer for the Buyer’s payment of the Total Amount (defined in para. 9.2) to Auksjonen’s client account. Auksjonen cannot use the Total Amount before there are grounds for payment according to para. 12.4, grounds for repayment according to para. 12.7, or grounds for partial payment / repayment according to para. 12.8.
7.16
Bid log: All bids that are submitted are registered by Auksjonen in a bid log which contains all bids and identification of the Bidders. Auksjonen is free to deliver the bid log and the information in it to the Seller, Buyer or other Bidders. At the same time as the Delivery Certificate is sent to the Buyer (see para. 11), Auksjonen will send the Buyer the bid log for the auction in question. Other Users can have the bid log sent to them upon request to Auksjonen. If a User does not wish Auksjonen to share information such as for example the Bidder’s name, please send an email to personvern@auksjonen.no and the name will be anonymised prior to delivery of the bid log.

8.1
Seller fee and other payments from the Seller
8.1.1
Seller fee: For the Seller’s use of Auksjonen’s services the Seller shall pay a fee to Auksjonen ("Seller Fee") if a Purchase Agreement has been entered into (see para. 7.12). The amount of the Seller Fee appears in to the current price list published on the Web site, unless another amount of Seller Fee is specially agreed between the Seller and Auksjonen. Auksjonen’s entitlement to the Seller Fee is independent of the Buyer’s and Seller’s performance or lack of (complete) performance of the PurchaseAgreement
8.1.2
Settlement of the Seller Fee: The Seller Fee shall be settled by the Seller by withdrawal of the Sellers Fee from the Purchase Price by Auksjonen before the remaining part of the Purchase Price is paid to the Seller (see para. 12.2 (a)).
8.1.3
Seller Fee if the Purchase Agreement is not entered into or completed due to circumstances on the part of the Seller: In addition to para. 8.1.1 the Seller shall pay the Seller Fee to Auksjonen if a binding bid over the Minimum Price is registered, but the Purchase Agreement nevertheless is not entered into or fulfilled due to circumstances on the part of the Seller. In the event that sales can be made for free (i.e. if the Seller's Fee is zero), the Seller shall instead of paying the Seller's Fee to Auksjonen as mentioned cover Auksjonen's expenses and any compensation to the Buyer.

The Seller shall pay both the Seller See and the Buyer’s Auction Fee (see para. 8.2) to Auksjonen in the cases stated in para. 4.7 (the Goods are sold outside the Web site in the Binding Period) and para. 12.9 (repayment to the Buyer due to the Seller’s breach). In the event that sales can be made for free (i.e. if the Seller's Fee is zero), the Seller shall instead of paying the Seller's Fee to Auksjonen as mentioned cover Auksjonen's expenses and any compensation to the Buyer.
8.2
The Buyer’s Auction Fee and other payments by the Buyer
8.2.1
Buyer’s Auction Fee: For the Buyer’s use of Auksjonen's services, the Buyer shall pay an auction fee to Auksjonen ("Buyer’s Auction Fee") upon the purchase of Goods. The amount of the Buyer’s Auction Fee appears in the current price list published on the Web site and also in the individual Auction Advertisement. The Buyer’s Auction Fee shall be paid by the Buyer in addition to the Purchase Price for the Goods. Auksjonen’s entitlement to the Buyer's Auction Fee is independent of the Buyer and Seller’s performance or lack of (complete) performance of the PurchaseAgreement.
8.2.2
Settlement of the Buyer’s Auction Fee: The Buyer’s Auction Fee falls due for payment to Auksjonen’s client account at the same time as the Purchase Price (see para. 10.2). The Buyer’s Auction Fee will not be released from Auksjonen’s client account before there are grounds for payment according to para. 12.4, grounds for repayment according to para. 12.7, or grounds for partial payment / repayment according to para. 12.8.
8.2.3
Payment to Auksjonen in the case of breach by the Buyer: Reference is made to para. 15.2 (storage charges), and para. 15.4 (breach fee) for payment to Auksjonen in the event of breach by the Buyer.

9.1
The purchase price: The amount of the bid with the addition of any value added tax constitutes the "Purchase Price". A User will be informed of the Purchase Price at the completion of the bid form on the Web site at the latest, and thereby before submission/confirmation of the bid. However, all bids are logged on the Web site with only the amount of bid, and not with the Purchase Price.
9.2
The Total Amount: The "Total Amount" is the amount the Buyer shall pay to Auksjonen (see para. 10). The Total Amount always consists of the Purchase Price and the Buyer’s Auction Fee. Other costs are included which may be agreed between the Buyer, Seller and Auksjonen and which shall be paid via Auksjonen (see para. 9.3).
9.3
Transport costs, re-registration fee and other sales costs normally paid by the Buyer: If the Goods shall be sent to the Buyer, the Buyer shall pay transport costs in addition to the Total Amount, unless something else is agreed between the Buyer and Seller. Any costs, public charges, and fees incurred by having the Goods delivered and transferred to the Buyer (for example re-registration fee) shall also be paid by the Buyer in addition to the Total Amount, unless something else is agreed.

Costs, charges and fees as mentioned in the previous paragraph ("Additional Costs") is normally settled directly between the Buyer and Seller (for example transport costs) or directly with the relevant public authorities (for example re-registration fee). Additional costs shall not be paid via Auksjonen unless this is separately agreed between the Buyer, Seller and Auksjonen. Payment or lack of payment of Additional Costs are of no impact for Auksjonen's payment / repayment of the Purchase Price / Total Amount according to para. 12.
9.4
Fee to Auksjonen in connection with re-registration: Auksjonen can assist with handling documentation and the practical circumstances in connection with re-registration of motor vehicles that are situated at Auksjonen’s location, against a fee as stated in the current price list published on the Web site. If the Buyer and / or the Seller wish such assistance, this shall be agreed directly with Auksjonen before the motor vehicle is fetched. The fee shall be paid directly to Auksjonen pursuant to an invoice from Auksjonen.

10.1
Payment details: At the same time as, or as soon as possible after Auksjonen sends the Buyer the Contract Document, Auksjonen shall send payment details to the Buyer for the Buyer’s payment of the Total Amount to Auksjonen’s client account. Unless payment can be made by cash pursuant to the next sentence, payment shall only be made by bank transfer. If the Total Price for one Object is less than NOK 20,000 and the Buyer is a consumer, the Buyer may pay the Total Price in cash at Auksjonen’s place of business in Sem or in Oslo. Auksjonen cannot dispose over the Total Amount before there are payment grounds according to para. 12.4, grounds for repayment according to para. 12.7, or grounds for partial payment / repayment according to para. 12.8.
10.2
Due date. Releasing payment: The Total Amount falls due for payment on the Business Day after the Buyer has received payment details from Auksjonen. Payment of the Purchase Price by the Buyer to Auksjonen takes place with releasing effect (Norwegian: frigjørende virkning) for the Buyer towards the Seller.
10.3
Breach: If the entire Total Amount has not been paid to Auksjonen at the latest (three) 3 Business Days after the due date, the Buyer is regarded as having substantially breached the Purchase Agreement (see also para. 15 regarding breach on the part of the Buyer).
10.4
No set-off: Payment of the Purchase Price cannot be set off against any claim the Buyer may have against the Seller.
10.5
Sanctions regulations: The Buyer must at all times comply with applicable national and international sanctions legislation, including but not limited to the sanctions adopted Norway, the UN and the EU. The buyer shall not resell, transfer or lease the goods to a third party who can reasonably be expected to export, use or pass on the goods in violation of the said sanctions legislation. The Buyer shall indemnify the Seller and Auksjonen for any breach thereof. Bids and purchases in breach of this para. 10.5 may be cancelled, and the agreement entered into can be terminated.

11.1
A delivery certificate is issued when the Total Amount has been received in the client account. The Goods can then at the earliest be delivered: When the Total Amount has been received by Auksjonen, Auksjonen shall send a confirmation of this by email to the Buyer and the Seller. The Buyer will also receive a delivery certificate (the "Delivery Certificate"). Delivery of the Goods to the Buyer can take place at the earliest when the Delivery Certificate is issued.
11.2
Delivery method – usually pick up: Unless otherwise stated in the Auction Advertisement, the Goods shall be picked up by the Buyer. If the Goods can both be picked up and sent, the Seller and Buyer shall agree upon the method of delivery in each case.
11.3
Place of delivery when picking up: If the Goods are to be picked up, the place of delivery is the location of the Goods that is stated in the Auction Advertisement (usually with the Seller or Auksjonen) and possibly further specified in the Delivery Certificate, unless another place of delivery is agreed.
11.4
Sending of the Goods. Place of delivery: If the Goods are to be sent, it is to be sent via cash on delivery by post (for the transportation costs) and with a tracking number to the Buyer’s stated address at the Buyer’s cost, unless the Buyer and Seller agree otherwise. The Seller shall enter into the agreements as needed to have the Goods transported to the Buyer in a suitable manner and on the normal conditions for such transport, unless the Buyer and Seller agree otherwise. When the Goods are to be sent to the Buyer, Auksjonen recommends that the Seller obtains documentation on the condition of the Goods at the time of transportation (for example by photograph).
11.5
Delivery within 3 days after the Delivery Certificate: The Buyer shall pick up the Goods and/or the Seller shall hand over / send the Goods (dependent on the agreement) at the latest three (3) Business Days after the Delivery Certificate has been issued (the "Delivery Time"), unless another delivery deadline is agreed.
11.6
Delivery and transfer of risk: If the Goods are to be picked up, the Goods have been delivered when it is handed over to the Buyer (or his transporter / representative). The risk for the Goods passes to the Buyer upon delivery.

If the Goods are to be sent, the Goods are delivered when the Goods are handed over to the postal company /transporter undertaking the transportation. The risk for the Goods passes to the Buyer when the Goods are delivered to the postal company /transporter, which entails that the Buyer has the risk for the Goods during transport. If the Seller undertakes transport himself, delivery and transfer of risk takes place when the Goods are received by the Buyer.

If the Goods are not picked up or received within the Delivery Time and this is due to the Buyer or circumstances on the Buyer's side, the risk is transferred to the Buyer when the Delivery Time expires. From the same point in time, in the event of absent pick-up, the Buyer shall pay any storage rental in accordance with para. 15.2.
11.7
Buyer’s and Seller’s other obligations at delivery: The Buyer shall at the latest at delivery sign the Confirmation of Receipt (see para. 12.1). The Buyer and Seller shall at the latest upon delivery sign and deliver all necessary documentation in connection with the purchase of the Goods, including any transfer notification (vehicle registration book part 2). Auksjonen can also assist with documentation and practical circumstances in connection with re-registration of motor vehicles if this is agreed (see para. 9.4).
11.8
Buyer’s transporter / representative: If the Buyer picks up the Goods using a transporter, the Goods are regarded has having been delivered to the Buyer when it is delivered to the transporter. The provisions in this para. 11 and otherwise in the Conditions (where this is applicable) apply equivalently to the Buyer by the transporter or other representative acting on behalf of the Buyer.

12.1
Confirmation of receipt: When the Goods are received in the agreed condition, the Buyer shall confirm this by signing the Delivery Certificate ("Confirmation of Receipt"). Each of the Buyer and Seller can send the Confirmation of receipt to Auksjonen.
12.2
Payment: When there is a Payment Ground (as defined in para. 12.4), Auksjonen will undertake the following actions, collectively referred to as "Payment":
  • Pay the Purchase price to the Seller, after deduction of the Seller Fee (see also para. 12.8(d) regarding payment of parts of the Purchase Price).
  • Release the Buyer’s Auction Fee to Auksjonen.
  • Pay any Additional Costs to where they shall be paid if Additional Costs shall be paid via Auksjonen according to para. 9.2, unless there must be regarded to be an agreement in force on payment of such Additional Costs before this (for example payment of re-registration charge).
12.3
Payment or repayment does not affect the Seller’s and Buyer’s contractual rights: It is emphasised that Payment according to para. 12.2, repayment according to para. 12.7 or partial payment/repayment according to para. 12.8 does not affect the Seller’s and Buyer’s contractual circumstances and contractual rights, including the Seller’s and Buyer’s right to adhere to or cancel the purchase, and that the Buyer has his or her possible defect objections intact vis-a-vis the Seller independent of Payment.
12.4
Payment grounds: Grounds for Payment ("Payment Grounds") exist in the following circumstances:
  • Auksjonen has received the Confirmation of Receipt.
  • Auksjonen has contacted the Buyer as indicated in para. 12.5 (reminders to the Buyer in the case of lack of Confirmation of Receipt) and the deadline for that has expired without the Buyer having disputed Payment.
  • The Seller or Buyer can document that there is agreement between the Seller and Buyer regarding payment of the Purchase Price to the Seller.
  • The Seller or Buyer can document that there is an enforceable judgment between the Seller and Buyer for payment of the Purchase Price to the Seller.
  • The Buyer instructs Auksjonen to pay the Purchase Price to the Seller.
  • In the reasonable view of Auksjonen, the Seller can substantiate that the Goods have been received by the Buyer in accordance with the Purchase Agreement, and the Seller instructs Auksjonen to paythe Purchase Price to the Seller.
  • i) at least six months have elapsed from the entry into the Purchase Agreement , ii) the Buyer has not before this documented to Auksjonen that the Buyer has filed a complaint with the conciliation board (Norwegian: forliksrådet) or filed writ of summons to the court against the Seller with a demand for repayment of the Total Amount (and the claim has not been rejected from consideration), iii) the Seller instructs Auksjonen to pay the Purchase Price to the Seller, and iv) Auksjonen finds such payment to be correct.
12.5
Reminders to the Buyer in the case of absence of Confirmation of Receipt: If the Confirmation of Receipt has not been received by Auksjonen at the latest three (3) Business Days after the Delivery Certificate was issued, the following shall take place:
  • If it is not Auksjonen who has handed over the Goods, Auksjonen will contact the Seller and request that the Seller confirms that the Goods has been handed over to the Buyer.
  • If the Seller confirms hand-over (or if it is Auksjonen that has handed over the Goods) Auksjonen will inform the Buyer that if Auksjonen has not received different information from the Buyer at the latest three (3) Business Days after Auksjonen’s enquiry, Payment will take place. Auksjonen’s enquiry to the Buyer will take place by email.
12.6
Auksjonen has received information from the Buyer that Payment shall not take place: If Auksjonen has received information from the Buyer by email before Payment has taken place that Payment shall not take place (in whole or in part), Auksjonen will not undertake Payment or repayment before there are Payment or repayment grounds present.
12.7
Repayment grounds: Provided that Payment has not already taken place, Auksjonen shall repay the Total Amount to the Buyer if:
  • The Seller or Buyer can document that there is agreement between the Seller and the Buyer that repayment shall take place.
  • The Seller or Buyer can document that there is an enforceable judgment between the Seller and the Buyer for repayment.
  • The Seller instructs Auksjonen regarding repayment (for example in connection with cancellation of the Purchase Agreement).
  • In the reasonable view of Auksjonen, the Buyer can substantiate that the Seller has no claim for the Purchase Price, and the Buyer instructs Auksjonen to repay.
12.8
Payment/repayment of only parts of the Purchase Price: The provisions in this para. 12 regarding Payment, Payment grounds and repayment are also applicable if only parts of the Purchase Price shall be paid to the Seller and parts of the Purchase Price shall be repaid to the Buyer (for example if the Seller allows a price reduction on the Goods).

Payments to Auksjonen (Seller Fee and Buyer’s Auction Fee) are calculated on the entire Purchase Price even though only parts of the Purchase Price are to be paid to the Seller and parts of the Purchase Price are to be repaid to the Buyer. The Seller Fee and the Buyer’s Auction Fee shall be deducted from the Total Amount before Payment / repayment takes place. If the Buyer and Seller wish to have another distribution of the payment of the Seller Fee and the Buyer’s Auction Fee between them (for example after price reduction), the Buyer and Seller must agree and settle this between them directly.
12.9
Seller Fee and Buyer’s Auction Fee in the case of repayment of the whole of the Total Amount due to breach on the part of the Seller: In the event of repayment of the entire Total Amount to the Buyer, or partial repayment that entails that Auksjonen has no credit balance for the Buyer’s Auction Fee, the Seller shall pay the Buyer’s Auction Fee to Auksjonen (in addition to the Seller Fee). The Seller Fee and the Buyer’s Auction Fee then fall due for payment automatically by the Seller at the same time as the Total Amount is repaid to the Buyer.
12.10
Documentation and feedback to Auksjonen: The Buyer and the Seller are aware that Auksjonen must make decisions connected to Payment / repayment of the Purchase Price / Total Amount according to this para. 12 based on notifications and documents provided by the Buyer and the Seller. Auksjonen is not obligated to investigate the authenticity of documents, dispatch or the dispatcher’s signature (including electronic ID). If Auksjonen suspects that a document / notification which is the basis for a Payment / repayment is false, Auksjonen reserves the right to without liability not to undertake Payment / repayment according to this para. 12. The Total Amount will then remain in Auksjonen’s client account until, in the view of Auksjonen, the matter is clarified.

Further, the Buyer and Seller are aware that Auksjonen may have to make decisions connected to Payment / repayment of the Purchase Price / Total Amount according to this para. 12 on the basis of absence of feedback from the Buyer and Seller. Auksjonen is not responsible for any incorrect Payment / repayment according to this para. 12 as a result of the Buyer’s or Seller’s lack of adherence to deadlines in the Conditions, regardless of reason.
12.11
Auksjonen is not a party to a dispute: In the case of a dispute between the Buyer and Seller before the conciliation board (Norwegian: forliksrådet)/ ordinary courts connected to Payment / repayment of the Purchase Price / Total Amount according to the Conditions, Auksjonen is not a party to such dispute. Instead, the party concerned shall ask for judgment for that the other party shall instruct Auksjonen regarding the desired Payment / repayment of the Purchase Price according to this para. 12. If the Buyer or Seller nevertheless makes Auksjonen a party to such legal dispute, the party in question shall hold Auksjonen harmless regarding any costs or loss suffered by Auksjonen as a result of this (see also para. 18.4).

Auksjonen is the Seller’s representative (Norwegian: fullmektig) in the sales process. The Seller gives Auksjonen authority to represent the Seller in the sales process on behalf of the Seller and in the Seller’s name, and undertake all the Seller’s actions according to the Conditions or other agreement between the Seller and Auksjonen, including:
  • If the Goods are vehicles, to obtain service history from brand workshops and convey the history in the Auction Advertisements and to potential Bidders/Buyers. Auksjonen is not obligated to obtain such service history.
  • To represent the Seller at the viewing of the Goods with Auksjonen (provided that Auksjonen stores the Goods on behalf of the Seller).
  • Make decisions regarding whether bid that is registered shall be deleted / removed upon request by the Buyer, for example, if the entering of the bid rests on a clear writing error / erroneous amount or other error on the part of the Buyer.
  • Accept the highest bid entered for the Goods at the expiration of the Bidding Period, provided that the bid in question is equal to or higher than the Minimum Price or acceptance otherwise has been instructed by the Seller. The Seller understands that Auksjonen can choose not to give such acceptance even though Auksjonen has the authority to do this, if there are circumstances which a reasonable evaluation by Auksjonen indicates that the bid in question nevertheless shall not be accepted (even though it exceeds the Minimum Price).
  • Sign and submit the Contract Document for the Goods in question to the Buyer (see para. 7.13)
  • Receive payment for the Goods in question with releasing effect (Norwegian: frigjørende virkning) for the Buyer (see para. 10).
  • Terminate the purchase in the event of a material breach of payment under para. 10.3, or sell or otherwise dispose of the Goods, or terminate the purchase under para. 15.2, subsection three.

14.1
The Seller him- or herself cannot cancel a published auction: The Seller him- or herself cannot cancel a published auction.
14.2
Auksjonen can cancel auctions: If Auksjonen is of the opinion that there are circumstances present that indicate that a published auction should be cancelled (and possibly be started again), Auksjonen according to its own, free evaluation, has the right to cancel an auction (also in the Bidding Period). For example, cancellation can be relevant if the basis for the Auction Advertisement is substantially changed due to new information about the Goods that does not appear in the Auction Advertisement, error in the Auction Advertisement, if technical problems occur at Auksjonen's web pages that prevent a User from entering a desired bid.
14.3
Information at cancellation: In the case of cancellation of a published auction, Auksjonen shall inform the Seller by email. If, at the time of cancellation a bid has been received, the Bidder of a binding bid at the time of cancellation, will normally be informed by email by Auksjonen, but Auksjonen is not obligated to give such information.
14.4
No claim at cancellation: None of the Users can make any claim against Auksjonen if Auksjonen cancels an auction.

15.1
Breach regarding payment: In the case of delayed payment, the Buyer shall pay to the Seller the current interest on delayed payments according to the Act relating to interest on overdue payments (Norwegian: forsinkelsesrenteloven), from and including the day after the due date for payment (see para. punkt 10.2) and until payment takes place.

If the Buyer has not paid the Total Amount at the latest three (3) Business Days from and including the due date, the Buyer is regarded as having substantially breached the Purchase Agreement, and the Seller can choose to cancel the Purchase Agreement.

The Seller makes a reservation that the Seller’s right to cancel remains intact in the cases that are regulated in section 54 (4) of the Norwegian Sale of Goods Act (Norwegian: kjøpsloven), and section 45 (3) of the Norwegian Consumer Purchase Act (Norwegian: forbrukerkjøpsloven).
15.2
Delayed payment and pick-up. Storage charges: If the Goods are not paid and picked up at the latest six (6) Business Days after the Buyer received payment details (see para 10.3 and 11.5), the Buyer shall, at the request of Auksjonen on behalf of itself or the Seller, pay storage charges for storage of the Goods. The storage charge is minimum NOK 150 per 24 hours for motor vehicles and minimum NOK 50 per 24 hours for other Goods (for all Goods dependent of the size of the Goods).

If the Goods are not paid and picked up at the latest six (6) Business Days after the Buyer received payment details (see para 10.3 and 11.5) , the Buyer shall compensate the Seller for costs the Seller/Auksjonen will incur in order to safeguard the Goods in a defensible manner up until the Buyer has picked up the Goods, as well as other costs the Seller/Auksjonen incurs. The Buyer is not entitled to have the Goods handed over before these costs and the storage charges are paid.

If the Buyer has not picked up the Goods at the latest 14 days after the expiration of the Delivery Time, the Buyer is regarded as having substantially breached the Purchase Agreement, and the Seller can then choose, inter alia, to sell or otherwise dispose of the Goods, or to cancel the Purchase Agreement. The same applies if accrued storage charges exceed the Purchase Price.
15.3
The Seller’s remedies in the case of the Buyer’s breach of the Purchase Agreement: In the case of the Buyer’s breach of the Purchase Agreement, the Seller, in addition to the remedies explicitly stated in the Purchase Agreement (Conditions) can utilise other remedies for breach of contract the Seller has according to the background law (Norwegian Sale of Goods Act/ Norwegian Consumer Purchase Act).

If the Purchase Agreement is cancelled and/or the Goods due to the Buyer's breach are resold at a lower purchase price, the Buyer is liable for the Seller’s financial loss and shall also compensate any difference.

The Seller shall keep Auksjonen informed regarding sale or other disposal of the Goods on behalf of the Buyer, cancellation or maintaining of the Purchase Agreement.
15.4
Breach penalties: If the Seller cancels the Purchase Agreement due to breach on the part of the Buyer, the Buyer shall pay a standardised breach penalty to Auksjonen. The payment of a breach penalty does not affect the Seller and Buyer’s contractual relationship and remedies in the case of breach, including payment of the breach penalty does not exclude claims from the Seller towards the Buyer. The breach penalty from the Buyer to Auksjonen for Buyers which are businesses is 10 % of the Purchase Price, but minimum NOK 1 000 and maximum NOK 20 000. The breach penalty from the Buyer to Auksjonen for Buyers who are private individuals is NOK 1 500.

Users who shall pay a breach penalty will be blocked from the Web site up until the breach penalties are paid. In addition, reference is made to Auksjonen’s rights pursuant to para. 3.8 (Exclusion of Users. Closing of My page).

Complaints regarding defective Goods are between the Buyer and Seller, and regulated by the Purchase Agreement supplemented by the background law (the Norwegian Sale of Goods Act), or the Consumer Purchase Act as mandatory background law where the Seller is a business and the Buyer a consumer. Complaints regarding the Goods have nothing to do with Auksjonen, with the exception that the Buyer in the case of complaints can inform Auksjonen regarding the complaint (see also para. 12.6). If Auksjonen receives information regarding a complaint and has not already made Payment (see para. 12.2), Auksjonen shall not dispose over the Total Amount before there exist / again exist Payment Grounds according to para. 12.4, grounds for repayment according to para. 12.7, or grounds for partial payment / repayment according to para. 12.8.

Auksjonen is entitled to use personal information regarding the Users to the extent such use is necessary to meet the Conditions and the Purchase Agreement. Users accept use of personal information as described in Auksjonen's privacy statement available on the Web site.

18.1
Scope: This para. 18 deals with the role of Auksjonen as offer or of services according to the Conditions, and not Auksjonen's possible liability as Seller in the special cases where Auksjonen is the Seller (see para. 2.2).
18.2
Functionality of the Web site. Downtime, interruption, etc.: Auksjonen’s services only include the functionality and the other characteristics that the User sees at the moment of using ("as is" basis). None of the Users can make any claim against Auksjonen as a result of data error, downtime, interruption, loss of data or other technical problems with the Web site.
18.3
Liability and compensation limitations: In addition to liability and compensation limitations otherwise contained in the Conditions, the following apply:

Auksjonen is not Seller or party to the Purchase Agreement or other agreements between the Buyer and Seller (see para. 2.1). Auksjonen has no liability for any breach on the part of the Seller or the Buyer, or any loss they may suffer connected to the contents or performance of the Purchase Agreement (including Auction Advertisements). To the extent nothing else follows from mandatory legislation, the Buyer waives any claim against Auksjonen, its representatives and employees that may arise in connection with any sale that takes place via the Web site, including (but not limited to) any claim in connection with the description of the Goods.

Auksjonen is not liable for any loss the Users or others may suffer from the use of Auksjonen's services, otherwise by auction via the Web site (for example by submission or absence of registration of a bid, as well as non-completed or completed deals) or by other actions on the part of Auksjonen, unless this is due to gross negligence or wilful breach of Auksjonen’s explicit obligations according to the Conditions. Included in this is that Auksjonen is not liable for errors in decisions and/or misunderstandings of legal rules or the Purchase Agreement /Conditions that entail wrong disposal over the Total Amount on the part of Auksjonen.

For some of the tasks Auksjonen will assist with (for example, deleting encumbrances or re-registering cars), Auksjonen is dependent on third parties such as public registers, mortgagees and trustees. Auksjonen does not affect the availability or processing time of such third parties. Auksjonen is not responsible for any delay on the part of such third parties, or delay as a result of other circumstances beyond Auksjonen's control and is the Buyer's risk.
Auksjonen is in no case liable towards the Users or others for indirect loss, and/or other consequential loss or loss, loss of data, profit, income, dividend, turnover etc., independent of how the damage or loss occurred (whether the damage or loss is due to negligence or breach of the contract, interruption, or has ocurred in another manner).
18.4
Indemnity and hold harmless: In addition to other indemnity and hold harmless clauses in the Conditions, the Users shall indemnify and hold Auksjonen harmless for any costs or loss that Auksjonen may suffer as a result of that Auksjonen is made a party to a dispute between the Users or others, including disputes connected to the demand for Payment / repayment of the Purchase Price / Total Amount according to para. 12.4(d) or 12.7(b) (see also para. 12.11).

19.1
Norwegian Sale of Goods Act/Norwegian Consumer Purchase Act: The Norwegian Sale of Goods Act and the Norwegian Consumer Purchase Act also apply in the relationship between the Buyer and Seller (dependent on which of the acts are applicable), unless other regulation expressly follows from the Purchase Agreement (including the Conditions). In the case of Consumer Purchases, the Norwegian Consumer Purchase Act can not be deviated from to the consumer's disadvantage. The Norwegian Sale of Goods Act/Norwegian Consumer Purchase Act shall supplement the Conditions, including regarding breach and remedies for breach of contract, where nothing else is expressly specified in the Conditions. If the Seller is not a business, consumer protection rules do not apply.
19.2
Complaints: Complaints from the Buyer regarding the purchase of the Goods shall be directed to the Seller (contact information is provided in the Contract Document). The Buyer can also contact customer services at Auksjonen at post@auksjonen.no. Auksjonen will, in this event, relay the complaint to the Seller.

Complaints from the Buyer or a User regarding Auksjonen shall be directed to customer services at Auksjonen at post@auksjonen.no.

When Auksjonen acts as Seller (on consignment, cf. also para. 2.2), any complaints regarding the purchase of the Goods shall be directed to Auksjonen.
19.3
Mandatory legislation takes precedence over the Conditions in the event of conflict: In the event of conflict between the Conditions and mandatory legislation, such legislation takes precedence over the Conditions.

20.1
Choice of laws and venue: The Purchase Agreement and the Conditions are subject to Norwegian law. Regarding disputes to which Auksjonen is a party, Auksjonen’s court of domicile is the correct legal venue.
20.2
Complaint channels: In the event of a dispute with a consumer, the Norwegian Consumer Authority (www.forbrukertilsynet.no) as a complaints board can consider a case between the parties. In the consideration of such case, the following platform for net-based consumer cases can be used: https://forbrukereuropa.no/odr/. See also forbrukertilsynet.no