HUUTOKAUPAT.COM TERMS AND CONDITIONS OF SALE
Please note that this is an unofficial translation of the Finnish language version of the Huutokaupat.com Terms and Conditions of Sale. In case of any discrepancies between the original Finnish version and this English translation, the Finnish version shall prevail.
These Terms and Conditions of Sale apply to auctions published on the Huutokaupat.com website and items listed on them, provided that these Terms and Conditions of Sale have been referred to in the listing.
1) The buyer must carefully review the item and all information provided on the item before placing a bid. The buyer must refrain from placing a bid if the buyer does not have sufficient information on the item (for example on expected durability, condition and wear, or availability of updates). Placing a bid without the intent to purchase is prohibited.
2) If the item is sold by Huutokaupat.com or by some other merchant, any claimed defects in the item shall be assessed on the basis of information in the listing, observable condition and wear of the item at the time of trade and the generally expected durability of the item. Additional information on the expected durability of used items can be found here. Huutokaupat.com does not import or commission any products by itself, and consequently does not undertake to provide any updates for items with digital elements in addition to those updates provided by the importer or the merchant who first brought the item to the market as a new item.
3) The liability of a merchant towards a consumer for a defect in a consumer good is stipulated in the Finnish Consumer Protection Act (20.1.1978/38, as amended). A consumer must make a complaint on a defect within reasonable time. If Huutokaupat.com has been the seller of the item, we recommend making the complaint without delay to the Huutokaupat.com customer service.
4) All items that are not sold as consumer goods to consumers shall be sold on “as is” basis in auctions. Hence, there shall be no defect in the item, unless otherwise stipulated in section 19 of the Finnish Sale of Goods Act (27.3.1987/355, as amended). This provision shall be applied for example when the purchaser conducts business, or the seller is not a merchant (for example auctions of public authorities).
5) When the trade is not a consumer trade and Huutokaupat.com is the seller of the item, the trade shall be primarily subject to the following limitations of liability, in addition to the limitations of liability set out in the terms and conditions:
- The sole and exclusive remedies available for the purchaser in case of a defect are discount that may not be more than 10 % of the sales price (minor defect) or the right to cancel the trade (material defect);
- The seller shall not have any liability for any direct, indirect, or consequential damages, and the seller shall not have any liability to pay any compensation or discount (save for the discount pertaining to minor defects, as stipulated above); and
- The liability of the seller shall not, under any circumstances, exceed the amount(s) paid by the purchaser for the item.
6) If the delivery method on an item is:
i) pickup, the buyer must retrieve the item without delay at their expense from its location and to reimburse the seller for any costs incurred for the storage of the item if the conveyance of the item is significantly delayed due to a reason attributable to the buyer;
ii) shipment, the buyer must accept the delivery of the item within a reasonable time applicable to the delivery method in question – the seller shall have the right to charge the buyer for any costs it may have incurred for uncollected shipments returner to the seller and possible re-shipments;
7) The Item must be paid in accordance with the payment instructions provided by the seller within one (1) weekday of the acceptance of a bid (for example: if a bid is accepted Monday at 18:00, the purchase price must be paid no later than Tuesday by 24:00).
8) The Seller shall have the right (but not the obligation) to cancel the contract of sale pertaining to an item on the basis of a violation by the seller considered to be material if the seller does not retrieve, accept the delivery of, or pay for the item within a reasonable additional period specified by the seller – the seller reserves the right to deduct any costs it has incurred in the event of a cancellation of a contract of sale from the returned payment (such as the fee charged for returning an uncollected shipment). The buyer's failure to accept a delivery shall not automatically be considered a notification of withdrawal under the Consumer Protection Act.
9) If the buyer is a trader or some other legal person, the buyer loses their right to invoke a defect in an item (also incl. non-conformity pertaining to the delivery of the item and the actions of the seller of the item) if they do not issue a complaint concerning the defect to the seller without delay and no later than within seven (7) days of when: i) the item has been available for retrieval or should have been available for retrieval; or ii) an agreed upon shipment should have been delivered based on the normal delivery times of the transport operator (such as Posti or Matkahuolto).
10) If the transaction in question is a Huutokaupat.com transaction (i.e. a transaction where Huutokaupat.com is a party to the transaction) and the buyer of the item is a consumer, the right of withdrawal under the Consumer Protection Act shall apply to the transaction. According to the Consumer Protection Act, a consumer is a natural person who acquires consumer goods and services primarily for a use other than business or trade. Huutokaupat.com shall not grant right of withdrawal if it considers the Item to be purchased for business or trade.
The terms and conditions of withdrawal are as follows:
Right of withdrawal
You have the right to withdraw from this contract of sale (i.e. purchase you have concluded) within 14 days without providing a reason if the item you have purchased is not one of the following:
a) an item that may deteriorate or expire rapidly or is, due to its nature, irreversible mixed with other items after delivery (such as rapidly perishable foodstuffs, heating oil, soil spread into a garden);
b) an item delivered in a sealed package that has since been opened and cannot be returned due to health or hygiene related reasons (such as contact lenses, moisturizers, and medication);
c) an audio or video recording or computer software delivered in a sealed package that has since been opened; or
d) an item whose price is dependent on fluctuation in the financial market which are beyond our control and which may occur during the withdrawal period (such as precious metals).
The withdrawal period ends 14 days after the delivery of the item.
Exercising the right of withdrawal
In order to exercise your right of withdrawal, you must notify us, i.e. Huutokaupat.com (Mezzoforte Oy; business ID: 2004568-7; address: Porkkalankatu 20 C, 00180 Helsinki, Finland; telephone: +358 9 4241 3200; email: asiakaspalvelu@huutokaupat.com) of your decision to withdraw from the contract of sale in a clear and unambiguous manner (such as by a mailed letter or email). You may use the attached withdrawal form (enclosed at the end of these terms), but this is not mandatory.
In order to comply with the specified time limit for withdrawal, it is sufficient that you give notice of your exercise of the right of withdrawal before the withdrawal period expires.
Consequences of withdrawal
If you withdraw from this contract of sale, we will refund all payments received from you, including delivery expenses (except for any additional expenses resulting from you choosing a method of delivery that is different from the most affordable standard delivery method offered by us) without delay and in any case no later than within 14 days of having received your notice of withdrawal.
We will refund your payment using the payment method you used for the original transaction unless you have expressly consented to the use of another payment method and in any case in such a manner that you do not incur additional expenses for the refunding of payments. We may refrain from refunding payments until we have received the returned item, or you have demonstrated that you have returned the item. If you have paid for your purchase in an online bank, we will need your account information in order to refund your payment. You may provide your account information with your notice of withdrawal or in some other verifiable manner.
If the item you have purchased cannot be delivered as a regular postal package due to its size or nature, and the delivery method chosen for the item was a pickup, pickup shall be considered the most affordable standard delivery method above which the seller shall not be obligated to refund costs.
If you have received the item before submitting a notice of withdrawal
You must return the items or deliver them to us without delay and no later than within 14 days of submitting a notice of withdrawal. The time limit shall have been observed if you send the items back before the conclusion of the 14-day time limit in question. You shall be responsible for the direct costs of returning the items.
If the item you have purchased can be returned as a normal postal delivery, you may return the item by post to Huutokaupat.com using the address Mezzoforte / Huutokaupat.com logistiikka, Riihiviidantie 289, 11120 Riihimäki, Finland. If the size or nature of the item prevents the item from being returned as a normal postal delivery, we ask you to contact the customer service of Huutokaupat.com before returning the item. Any items that cannot be posted must be returned to the same address from where they were collected/sent, or to the address specified by Huutokaupat.com within a reasonable distance from the domicile of the consumer (the return journey must correspond to or be shorter than the pickup journey).
You shall be held responsible for such depreciation in the value of items that is a result of handling the items beyond the extent required in order to ascertain their nature, characteristics, and functionality. Further information regarding our compensation policy pertaining to depreciation in value can be found here.
Return charges
The return charges for items that cannot be sent as a normal postal delivery depend on the size and nature of the item and the distance to the return location. The estimated maximum return charges for items are as follows:
a) Cars that require towing: €1,000
b) Heavy machinery that requires towing: €3,000
c) Other heavy items: €5,000
In addition, the costs of re-registration of items requiring registration (such as vehicles) shall be charged as direct costs of return. Said costs are usually € 46 per item to be registered. We also reserve the right to charge the cost of cleaning the item if the item to be returned is not in a condition corresponding to the time of sale.
8) The version of the sales terms that had been published on the Huutokaupat.com website at the time of placing the highest bid shall apply to the transaction concerning the Item. If the sales terms are changed after a listing was published, the amended terms shall only apply if the party who placed the highest bid was informed of the new terms before placing the bid.
9) If the buyer is a consumer and the seller of the item is a trader, the provisions of the Consumer Protection Act (20.1.1978/38, as amended) that are applicable as mandatory provisions to a transaction in accordance with these sales terms shall apply to the transaction concerning the item and the related liability for defects. If these sales terms are in individual cases incompatible with the mandatory provisions of the Consumer Protection Act, the conflicting sales term provision shall not apply. What has been said is without prejudice to the other provisions of these sales terms. The information under the Consumer Protection Act pertaining to the seller of the item and distance selling is specified in the listing pertaining to the item and the Terms and Conditions of the Services. Huutokaupat.com does not apply a code of conduct as intended by chapter 6, section 9, subsection 1, paragraph 16 of the Consumer Protection Act to the transactions it concludes.
WITHDRAWAL FORM
(Only fill in and submit this form if you are willing to withdraw from a contract of sale.)
— Recipient: Mezzoforte Oy, business ID: 2004568-7; address: Porkkalankatu 20 C, 00180 Helsinki, Finland; email: asiakaspalvelu@huutokaupat.com.
— I/we (*) hereby notify, that I/we (*) wish to withdraw from a contract of sale I/we (*) have concluded that pertains to the delivery of the following items (*) / the provision of the following service (*):
— Purchase date (*)/Reception date (*)
— Name of consumer (*) / Names of consumers (*)
— Address of the consumer (*) / Addresses of the consumers (*)
— Signature of the consumer (*) / Signatures of the consumer (*) (only if the form is filled in on paper)
— Date
(*) cross out where inapplicable.