HUUTOKAUPAT.COM TERMS AND CONDITIONS FOR AUCTION PUBLISHERS
Please note that this is a translation of the Finnish language version of the Huutokaupat.com Seller Terms and Conditions. In case of any discrepancies between the Finnish version and this English version, the Finnish version shall prevail.
1. GENERAL
These Terms and Conditions for Auction Publishers (“Publisher Terms”) apply to all services ("Services") provided by Mezzoforte Oy (business ID: 2004568-7) (“Huutokaupat.com”) to Auction Publishers (as defined below) and to transactions carried out in connection with the Services.
2. DEFINITIONS
In addition to the definitions used above, the following definitions apply in these Auction Publisher Terms:
‘Huutokaupat.com Transaction’ means a transaction in which Huutokaupat.com purchases an Item from an Auction Publisher and resells it to the Buyer.
“Auction” means an auction organised by Huutokaupat.com with the related auction Auction Listing published in the Service.
"Auction Terms" means the auction terms and conditions applicable to the Service, as drawn up by the Service Provider and valid at any given time, which include the Auction Terms and Conditions for Huutokaupat.com Transactions and the Auction Terms and Conditions for User-to-user Transactions.
“Auction Publisher” means a person (company, local authority, etc.) registered to the Service who: i) creates an Auction Listing and sells the Auction Item to Huutokaupat.com (Huutokaupat.com Transactions) or to a Buyer (User-to-user Transactions ); or ii) publishes an Other Auction Listing
“Listing Policy” refers to the Auction Listing Policy applicable to Auctions, as in force from time to time (link here).
“Auction Auction Listing” means a listing published on the Service concerning the sale of an Auction Item at Auction.
“Auction Item” refers to the property being auctioned.
“Item Policy” refer to the rules for Auction Item listed to Auction valid at any given time, which are prepared by Huutokaupat.com (link here).
“User-to-user Transaction” refers to a transaction concluded between the Auction Publisher and the Buyer.
“Terms of Use” refers to the Huutokaupat.com Terms and Conditions drawn up by Huutokaupat.com valid at any given time (link here).
“Buyer” refers to the person (who is often a consumer) who has made the highest bid for an Auction Item in the Auction.
“SHB Clause” means the “Sold to the Highest Bidder” clause, i.e. the condition under which the Auction Item is sold to the highest bidder (the highest bid in the Auction is automatically deemed accepted).
“Other Listing” refers to a listing published in the Service of some other sales procedure than those organized by Huutokaupat.com
“Terms of Sale” refer to the terms and conditions of sale applied to Auctions valid at any given time, which are prepared by Huutokaupat.com (link here).
“Withdrawal Policy” refers to the policy relating to withdrawals from contracts of sale by Buyers under the Consumer Protection Act applied to the relationship between the Auction Publisher and Huutokaupat.com valid at any given time, which is prepared by Huutokaupat.com (link here).
“Confirmation Message” refers to the email sent by Huutokaupat.com to the Auction Publisher, in which Huutokaupat.com notifies the Auction Publisher of the completion of the Auction and the transfer of ownership of the Auction Item to Huutokaupat.com.
“Confirmation Message Deadline” refers to the second working day following the expiry of the payment period granted to the Buyer in accordance with the Terms of Sale (if the Buyer is required to pay for the Auction Item on a Friday, the Confirmation Message Deadline is Tuesday).
“Service” means the online service relating to the Services maintained by Huutokaupat.com at the address huutokaupat.com.
3. TERMS AND CONDITIONS RELATING TO THE SERVICES AND AUCTIONS
Huutokaupat.com provides Auction Publishers the opportunity to offer property for sale via Auctions. The Auctions may be either Huutokaupat.com Transactions or User-to-User Transactions; additionally, it is possible to publish Other Auction Listings on the Service. In addition to these Auction Listing Terms, the following terms and conditions always apply to the sale of property via Auctions, which the Auction Publisher is deemed to have accepted by using the Services:
- Listing Policy;
- Item Policy;
- Withdrawal Policy;
- Terms of Use;
- Auction Terms; and
- Terms of Sale.
These Publisher Terms and the other documents referred to therein are based on the assumption that the Auction Publisher is the owner of the Auction Item. If the Auction Publisher uses the Services on behalf of a third party (i.e. the owner of the Auction Item), the Auction Publisher must have the appropriate authorisation to act on behalf of the owner of the Auction Item in such a way that the Auction Publisher’s actions are binding on the owner of the Auction Item. In the aforementioned situations, the provisions of these Publisher Terms and of the other documents referred to herein that apply to the Auction Publisher shall apply both to the owner of the Auction Item and to the Auction Publisher acting on their behalf, such that both are fully liable for all obligations under these Publisher Terms and the Terms of Use that apply to the Auction Publisher.
4. TRADING
4.1. General
Trading in Auctions takes place in accordance with the Auction Terms.
Where an Auction involves a transaction with Huutokauppat.com, trading takes place in such a way that Huutokauppat.com purchases the Auction Item from the Auction Publisher and resells it to the Buyer, as described in more detail in these Publisher Terms. In the case of a User-to-user Transactions, Huutokaupat.com is not a party to the Auction, and Huutokaupat.com’s role is limited to providing the parties to the Auction with Services that enable the transaction to take place. Huutokaupat.com does not participate in any way in the trading procedures relating to Other Auction Listings, nor does it accept any liability for transactions relating to Other Auction Listings.
Huutokaupat.com shall decide, based on the details of each Auction Item and Auction Listing, whether to treat the Auction specified in the Auction Listing as a Huutokaupat.com Transaction or as a User-to-user Transaction. The nature of the Auction is indicated when the Auction Listing is created. If the Auction Publisher does not accept Huutokaupat.com’s decision, they must refrain from publishing the Auction Listing and contact Huutokaupat.com’s customer service.
To act as an Auction Publisher requires having a good credit history (no records of payment defaults or other factors indicating poor creditworthiness). Huutokaupat.com reserves the right to refuse publishing Auction Listings (including ‘Other Auction Listings’) from persons who are subject to insolvency proceedings, corporate reorganisation or similar measures, or who are otherwise, in Huutokaupat.com’s reasonable assessment, associated with an elevated credit risk. Huutokaupat.com requires Auction Publisher s to comply with good business practice, and reserves the right not to accept Auction Listing (including ‘Other Listings’) from individuals who receive poor customer feedback or are found to be in breach of the terms and conditions or policies referred to in section 3 above.
4.2. Acceptance of Bids
Once the Auction has ended, the Auction Listing Holder will be notified of the highest bid via the Service. Unless the Item is being sold under the SHB Clause, the Auction Publisher has the right to accept or reject the sale of the Auction Item at the price indicated by the highest bid. Acceptance of the price indicated by the highest bid is a binding act on the part of the Auction Publisher, which is deemed, in Huutokaupat.com transactions as a binding and irrevocable offer by the Auction Publisher to sell the Auction Item to Huutokaupat.com (Huutokaupat.com transactions) or to the Buyer (User-to-user Transactions) in accordance with these Publisher Terms. If the Auction Publisher does not accept the bid on the Service within the period set aside by Huutokaupat.com for the acceptance of the bid, Huutokaupat.com shall have the right (but not the obligation) to deem that the Auction Publisher has rejected the bid. The foregoing does not apply to items sold under the SHB Clause, in respect of which the Auction Publisher is deemed to have automatically accepted the highest bid.
4.3. Terms and Conditions in Relation to Buyers
The Terms of Sale apply to all Auctions in the relationship between the end customer and the seller (Huutokaupat.com or the Auction Publisher), unless the transaction falls within a category of User-to-User Transactions to which Huutokaupat.com does not consider the Terms of Sale to apply (e.g. the sale of property and housing shares). The Auction Publisher will be informed of any inapplicability of the Terms of Sale and/or the possibility of deviating from them as part of the Auction Listing submission process. The possibility of making exceptions or amendments to the Terms of Sale is set out in the Terms of Sale. The Terms of Sale shall always apply to a Huutokaupat.com Transactions.
4.4. Completion of Transactions
In Huutokaupat.com transactions, title and possession of the Auction Item pass from the Auction Publisher to Huutokaupat.com immediately upon Huutokaupat.com sending a Confirmation Message to the email address provided by the Auction Publisher to Huutokaupat.com via the Service. Huutokaupat.com will only send the Confirmation Message once it has received payment for the Auction Item, and Huutokaupat.com is under no obligation to purchase the Auction Item until it has sent the Confirmation Message.
These Publisher Terms apply to the transaction between the Auction Publisher and Huutokaupat.com (including the purchase price determined in accordance with these Publisher Terms), and the Auction Publisher is not entitled to demand or impose any additional conditions for the completion of the transaction. The terms and conditions applicable when a Buyer exercises their right of withdrawal under the Consumer Protection Act are set out in the Withdrawal Policy (including the terms regarding Huutokaupat.com’s right to rescind the transaction between itself and the Auction Publisher in certain circumstances).
In Huutokaupat.com Transactions, payment of the purchase price for the Auction Item is always made directly to Huutokaupat.com, and the Auction Item can only be handed over once the purchase price has been paid and Huutokaupat.com has notified the Auction Publisher of the payment. The sale of the Item shall be treated as a User-to-user Transaction, to which Huutokaupat.com is not a party, if:
i) the Buyer pays the purchase price of the Auction Item directly to the Auction Publisher; or
ii) the Auction Publisher hands over the Auction Item sold via Huutokaupat.com to the Buyer who made the highest bid for the Item before ownership of the Auction Item has been transferred to Huutokaupat.com.
In such cases, the Auction Publisher is personally responsible for all rights and obligations relating to the transaction in question (e.g. collecting the purchase price, providing receipt, and providing the right of withdrawal in accordance with the Consumer Protection Act). Huutokaupat.com will charge a commission in accordance with its standard price list for a Huutokaupat.com transaction that has become a User-to-User Transaction, but will not charge the contractual penalty specified in clause 10. The Auction Publisher must immediately notify Huutokaupat.com via the Online Service that the Item has been paid for if they receive payment from the Buyer, or the Auction Item has been handed over before Huutokaupat.com has notified the Auction Publisher that payment for the Auction Item has been received.
4.5. Unpaid Items
If Huutokaupat.com does not send a Confirmation Message to the Auction Publisher regarding an Item listed as a Huutokaupat.com transaction by the Confirmation Message Deadline, the Auction Publisher is entitled to cancel the Auction in question (by submitting a cancellation notice via the Service). If the Auction Item has been offered for sale as a User-to-User Transaction, the Auction Publisher is entitled to cancel the Auction (by submitting a cancellation notice via the Service) if the Buyer fails to pay the purchase price of the Item within the time limit specified in the Terms of Sale.
However, the Auction Listing Holder cannot cancel the transaction once Huutokaupat.com has sent a Confirmation Message, or once the Buyer has paid the purchase price to the Auction Publisher. Huutokaupat.com has the right (but not the obligation) to consider the Auction cancelled if it has not been reported as completed or cancelled within fourteen (14) calendar days of the Auction’s conclusion.
5. THE AUCTION PUBLISHER’S OBLIGATIONS
Unless the Auction Publisher and Huutokaupat.com have expressly agreed otherwise in any respect, the Auction Publisher shall be responsible to and warrants to Huutokaupat.com that:
a) it shall comply with the Listing Policy, the Item Policy, and the Withdrawal Policy, and shall observe the aforementioned policies when placing Auction Listings;
b) it undertakes to keep the information provided to Huutokaupat.com (including bank account details) up to date and accurate, and to notify Huutokaupat.com without delay of any changes to such information;
c) The Auction Item is safe to use and complies with applicable laws, regulations and the Item Policy, and in particular with the applicable provisions of European Union law. Furthermore, the sale of the Auction Item to consumers does not contravene any of the aforementioned provisions;
d) The Property (where the Property falls within the scope of the motor vehicles act (Ajoneuvolaki 15.1.2021/82, as amended)) has not been subject to any emissions tampering as defined in the motor vehicles act or any other measures that would render the Auction Item unfit for road use. For the sake of clarity, it is noted that the Auction Publisher is obliged to ascertain whether any emission tampering has taken place (i.e. to inspect the Auction Item or have it inspected, if necessary) and to verify the Auction Item's roadworthiness;
e) The Auction Item does not contain any defect as defined in the Terms of Sale or in consumer protection legislation when it is sold to the Buyer as a result of the Auction (even if the Buyer is a consumer);
f) the Auction Publisher is liable, on behalf of Huutokaupat.com, for the Auction Item at its own expense until its handover (liability lies with the Auction Publisher);
g) it is responsible, on behalf of Huutokaupat.com, for delivering the Auction Item to the Buyer without delay and at no extra charge (in accordance with the delivery terms set out in the Auction Listing; Huutokaupat.com shall reimburse the Auction Publisher for any delivery charges it has charged from the Buyer);
h) the Auction Publisher is a company or other legal entity liable for VAT in Finland, or if the Auction Publisher is not liable for VAT in Finland, the Auction Publisher does not sell Auction Items on the sale or resale of which VAT is chargeable;
i) it has provided the Service with correct information regarding the VAT (including margin tax) applicable to the Auction Item when submitting the Auction Listing;
j) they shall not use any third-party personal data obtained from Huutokaupat.com for any purpose other than that for which it was obtained, and shall ensure that such personal data is processed in accordance with applicable laws, regulations and agreements; and
k) it shall cooperate fully with Huutokaupat.com and take all reasonable steps requested by Huutokaupat.com that are necessary to handle complaints submitted by the Buyer.
The Auction Publisher must notify Huutokaupat.com without delay of any breaches of the above-agreed responsibilities that come to its attention. Breach of these obligations may result in the loss of the right to use the Services, liability for damages, and other sanctions.
6. HUUTOKAUPAT.COM’S RESPONSIBILITY FOR CUSTOMER SERVICE AND THE HANDLING OF COMPLAINTS
Huutokaupat.com is primarily responsible for communications from Buyers following Huutokaupat.com Transactions and for related customer service tasks, such as handling withdrawal requests, processing complaints, and responding to feedback.
Huutokaupat.com handles complaints relating to Huutokaupat.com Transactions as follows:
a) if Huutokaupat.com considers that there is an error relating to the Auction Item or the Auction Listing, Huutokaupat.com will endeavour, as a matter of priority, to resolve the matter with the Buyer, if necessary by offering reasonable compensation at Huutokaupat.com’s expense;
b) Where necessary, Huutokaupat.com will request further information from the Auction Publisher regarding the matter and assess whether there is a material error relating to the Auction Item or the Auction Listing;
c) if Huutokaupat.com considers that there is a material error relating to the Item or the Auction Listing, which Huutokaupat.com is not prepared to compensate for at its own expense, it shall, as a first option, offer the Buyer the cancellation of the transaction (in the case of products sold as new, Huutokaupat.com shall also enquire with the Auction Publisher as to the possibility of exchanging the product for a new, fault-free item);
d) If Huutokaupat.com considers itself obliged to offer the Buyer compensation for the defect in addition to or instead of cancelling the transaction (e.g. to pay damages or costs associated with returning the Item) and if Huutokaupat.com intends to claim compensation for this from the Auction Publisher, it must notify the Auction Publisher of this in writing (e.g. by email) in advance and allow the Auction Publisher at least two (2) working days to respond to the proposed measures. Huutokaupat.com shall not claim the aforementioned compensation from the Auction Publisher unless it considers that the Auction Publisher has breached their obligations in a material way.
Huutokaupat.com will forward complaints relating to User-to-user Transactions to the Auction Publisher, and reserves the right to participate in discussions between the parties to the transaction concerning such complaints.
7. HUUTOKAUPAT.COM’S RIGHT TO CANCEL A TRANSACTION
Huutokaupat.com has the right to cancel a transaction between itself and the Auction Publisher concerning an Auction Item sold via a Huutokaupat.com Auction if:
a) the Auction Publisher materially breaches these Publisher Terms or other terms and conditions referred to in the Publisher Terms (such as the Listing Policy or the Item Policy);
b) it deems it necessary to cancel the transaction to prevent misuse of the Service; or
c) said right is based on the Withdrawal Policy.
Huutokaupat.com must always, prior to any decision to cancel a transaction, allow the Auction Listing Holder two (2) working days to submit a written response to Huutokaupat.com, unless Huutokaupat.com considers it manifestly unnecessary to request such a response (for example, in the event of a clear error, misuse of the Service or a cancellation).
8. THE AUCTION PUBLISHER’S LIABILITY
If the Auction Publisher breaches their obligations (e.g. these Publisher Terms, the Listing Policy, the Item Policy, the Withdrawal Policy, the Auction Terms or the Terms of Sale) and this results in loss or damage to Huutokaupat.com, the Auction Publisher shall be obliged to compensate Huutokaupat.com for all losses or damages incurred as a result of the breach, excluding in all cases, any compensation paid voluntarily in accordance with clause 6. Huutokaupat.com is entitled to withhold (and setoff) from payments due to the Auction Publisher an amount corresponding to any sum owed to Huutokaupat.com by the Auction Publisher, including amounts corresponding to any loss suffered by Huutokaupat.com for which the Auction Publisher is liable. The Auction Publisher’s liability referred to above also applies to any loss incurred by Huutokaupat.com as a result of Auction Listings that contravene the Listing Policy and/or contain false or incomplete information provided by the Auction Publisher.
9. SALE PRICE, PAYMENTS AND HUUTOKAUPAT.COM’S COMMISSIONS
Huutokaupat.com shall pay the purchase price of an Auction Item sold as a Huutokaupat.com Transaction corresponding to the highest bid received plus any delivery fees charged by Huutokaupat.com to the Auction Publisher. Huutokaupat.com will pay the purchase price to the Auction Publisher in accordance with its payment policy in force at the time, into a Finnish bank account owned by the Auction Publisher and entered by the Auction Publisher into the Huutokaupat.com system. The payment policy takes into account the value of the Auction Item, the Auction Publisher’s Auction Listing history (including any complaints) and matters relating to any right of withdrawal. Payment shall be made no later than 21 calendar days after the verifiable handover of the Auction Item to the Buyer, provided that Huutokaupat.com has not received any complaints regarding the Auction Item, or any other similar reason for withholding the purchase price. The purchase price shall be deemed to have been paid once Huutokaupat.com’s bank has debited the relevant payment from Huutokaupat.com’s account. No interest shall be paid on the purchase price (including any delivery or similar costs).
Huutokaupat.com charges the Auction Publisher a fee for Auction Listings and Other Listings in accordance with Huutokaupat.com’s price list. Huutokaupat.com may, at its discretion, either send the Auction Publisher an invoice for the Services, or deduct its comission from the purchase price paid to the Auction Publisher such that payments pertaining to other Auction Publisher’s Auction Items (or Other Listings) may also be deducted from the purchase price of a sold Auction Item. Huutokaupat.com is entitled to its commission even if a bid for the Auction Item is rejected, but the Item is sold within 30 days of the end of the Auction to a person who participated in the Auction for that Auction Item or to another party who received information about the Auction Item through Huutokaupat.com.
Huutokaupat.com will send the Auction Publisher an invoice for the purchase of the Auction Item sold as a Huutokaupat.com transaction by email or by any other means chosen by Huutokaupat.com. The Auction Publisher must check the accuracy of the invoice (including the amount of delivery charges and the applicable VAT rate for the sale of the Auction Item) and raise any objections to errors without delay. The invoice issued by Huutokaupat.com shall be deemed to have been accepted by the Auction Publisher if the Auction Publisher does not raise a complaint regarding the invoice within seven (7) days of its issue. The invoice issued by Huutokaupat.com on its own account shall be used as a supporting document in the parties’ accounting and tax reporting. The Auction Publisher shall be liable to Huutokaupat.com for any losses incurred as a result of incorrect invoicing information provided by the Auction Publisher.
The fees and charges levied by Huutokaupat.com are set out in Huutokaupat.com’s price list in force at any given time. In User-to-user Transactions (as well as in any transactions relating to Other Listings), the parties to the transaction are themselves responsible for all matters relating to the payment of the purchase price.
10. CONSEQUENCES OF BREACH OF THE AUCTION LISTING TERMS
Huutokaupat.com reserves the right to prevent an Auction Publisher from using the Service if Huutokaupat.com considers that the Auction Publisher has breached these Publisher Terms, or any other terms or policies referred to in these Publisher Terms.
If the Auction Publisher fails to deliver an Auction Item sold via Huutokaupat.com to the Buyer in accordance with these Publisher Terms (including the Auction Terms and the Terms of Sale), Huutokaupat.com is entitled (but not obliged) to rescind the transaction relating to the Auction Item and to charge the Auction Publisher a contractual penalty amounting to twenty per cent (20 per cent) of the price paid by the Buyer to Huutokaupat.com for the Item, subject to a minimum of 200 euros and a maximum of 2,000 euros. Huutokaupat.com is also entitled to claim from the Auction Publisher any damages exceeding the contractual penalty.
If the Auction Publisher has listed the Item under the SHB Clause but cancels the Auction without a justified and duly substantiated reason, Huutokaupat.com shall be entitled to charge the Auction Publisher twice (2) the sales commission applicable to the Auction Item in question according to the standard price list as compensation for damages, based either on the highest bid made or the Item’s starting price, subject to a minimum of 200 euros.
Should Huutokaupat.com detect bids made by the Auction Publisher (including the owner of the Auction Item), their representative, or a person within their close circle on their own Auction Item, Huutokaupat.com shall be entitled to cancel the auction for that Auction Item and to block the person who made the bid in question from logging into the Service. If a bid has been made by a representative of the Auction Publisher’s company or by a person within their close circle, Huutokaupat.com shall be entitled to charge the Auction Publisher double the actual sale price of the item in question or a sales commission calculated in accordance with its price list based on the highest bid, subject to a minimum of 200 euros, and to block the Auction Publisher and the person in question from logging into the Service. Huutokaupat.com also reserves the right to report any misconduct by the Auction Publisher or their associates to the police for investigation.
11. LIMITATION OF LIABILITY
Unless otherwise required by mandatory legislation, Huutokaupat.com shall not be liable and shall not be obliged to pay compensation for any:
i) indirect or direct damages; or
ii) costs or losses relating to the Online Service or its use (including any loss of data and the costs of recreating such data) or to the purchase and sale of Auction Items.
Huutokaupat.com’s liability towards the Auction Publisher shall always be limited to an amount corresponding to the service fee charged by Huutokaupat.com in connection with the relevant incident or to the amount of any other equivalent compensation.
12. AMENDMENTS TO THE AUCTION LISTING TERMS
Huutokaupat.com reserves the right to amend these Auction Listing Terms by notifying the Auction Publisher of the changes by email or via the Service. The amendments shall come into effect seven (7) days after notification of the changes. The Auction Publisher accepts the amendments by continuing to use the Services.
13. VALIDITY AND TERMINATION
The agreement between the Auction Publisher and Huutokaupat.com shall come into force upon the Auction Publisher’s acceptance of these Publisher Terms, and Huutokaupat.com granting the Auction Publisher the right to use the Service. The agreement shall remain in force until further notice. Termination of use of the Services does not release the Auction Publisher from any liabilities arising during the period of use of the Services.
14. TRANSFER
Huutokaupat.com reserves the right to transfer operations relating to the Services (including content, user data and agreements), in whole or in part, within its group or to a third party in connection with a corporate restructuring or the outsourcing of its operations. The Auction Publisher, or any person acting on their behalf, shall not be entitled to transfer any rights or obligations relating to the Services, nor shall they be entitled to assign or disclose their Login Credentials to anyone (Login Credentials are personal).
15. GOVERNING LAW
These Publisher Terms are governed by Finnish law. Any disputes arising from these Publisher Terms shall be resolved by the District Court of Helsinki as the court of first instance.
Effective from 28 January 2026