# Budi Auktioner - Budi.se - Auktioner online
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## User and Auction Terms and Conditions for Business Operators - Budi AB

These user and auction terms and conditions for business operators apply between the company, as a business operator and/or legal entity, and Budi.

# User and Auction Terms and Conditions for Business Operators – Budi AB [🔗 Permalink](https://www.budi.se/en/info/villkor-foretag#user-and-auction-terms-and-conditions-for-business-operators-budi-ab)

These user and auction terms and conditions for business operators govern the relationship between the company, as a business operator and/or legal entity, and Budi.

> **Note:** This document is a translation from Swedish. The original Swedish version is the legally binding document. In the event of any discrepancy, the Swedish version shall prevail.

## 1. Background and Parties [🔗 Permalink](https://www.budi.se/en/info/villkor-foretag#1-background-and-parties)

**1.1.** BUDI AB (reg. no. 559246-0421), with registered address at Linta Gårdsväg 5A, 168 74 Bromma (hereinafter referred to as "Budi", "we", "our" or "us"), owns and operates, among other things, budi.se. Budi acts as agent and holds brokerage mandates for legal entities such as companies, finance companies and bankruptcy estates, and also sells in its own name from time to time.

**1.2.** To carry out its mandates, Budi provides a number of services through its website [www.budi.se](http://www.budi.se) ("the Website"). Mandates are typically carried out as follows: first, an estimate of the value of the object to be sold is made, after which the object is sold by auction to the highest bidder.

**1.3.** These user and auction terms and conditions for business operators ("the Terms") govern the relationship between the company as a business operator and/or legal entity ("the Business Operator", "the Company", "the Buyer") and Budi. By registering a user account, the Company accepts the Terms and undertakes to comply with them in their entirety.

## 2. Registration, User Account and Use of the Website and Services [🔗 Permalink](https://www.budi.se/en/info/villkor-foretag#2-registration-user-account-and-use-of-the-website-and-services)

**2.1.** To enter into agreements with Budi and use the services offered on the Website, the Company must register a user account and be logged in. Registering a user account is free of charge. Registration requires the Company to provide accurate and complete information. By registering, the Company and its representatives consent to identity verification so that Budi can verify the representative's identity as required; such verification may also be carried out where there is suspicion of a criminal offence. The Company is responsible for ensuring that information is accurate and up to date. Any incorrect information must be corrected as soon as the error is discovered, either through "My Pages" on the Website or by contacting Budi if the correction cannot be made independently.

**2.2.** When using the Website, the Company must designate a natural person who is authorised to enter into binding agreements on behalf of the legal entity. That person shall act as contact and shall be the individual who uses the services, enters into purchase agreements and/or service agreements, and participates in bidding.

**2.3.** In connection with registration, and throughout the period the Company holds a user account on the Website as well as for up to three years after the user account has been closed (or for up to seven years where required by the Swedish Bookkeeping Act (Bokföringslagen, 1999:1078)), Budi processes personal data in order to deliver our services. Please refer to our Privacy Policy for further information.

**2.4.** The Company is responsible for ensuring that no person other than the Company has access to the user account. All actions, bids, purchases and use of our services through the Company's user account are the Company's responsibility. If the Company suspects that an unauthorised person is using the account, Budi must be notified immediately so that appropriate action can be taken. Budi may at any time issue new login credentials where considered necessary, for example for security reasons.

**2.5.** The Company may close its user account at any time.

**2.6.** Closure of the user account does not release the Company from the Terms until all outstanding obligations have been fulfilled. This means, among other things, that outstanding bids remain binding, that all unpaid fees and purchases must be paid, and that agreements entered into with Budi must be performed even after the user account has been closed.

## 3. Services [🔗 Permalink](https://www.budi.se/en/info/villkor-foretag#3-services)

**3.1.** Through the Website, Budi provides several services, including the ability to search for, view and read about objects, and to purchase objects at auction by placing bids. Additional services are available in connection with the bidding process, such as maximum bid, bid engine and payment processing.

**3.2.** Budi may also, subject to the conditions set out in the Terms, provide services such as storage, handling and warehousing of objects in the event of delayed or missed collection, or by separate agreement.

**3.3.** In addition to the services described above, Budi may develop and offer additional services in the future. Such services may be subject to fees. Current fees are always available on the Website.

## 4. Objects and Object Descriptions [🔗 Permalink](https://www.budi.se/en/info/villkor-foretag#4-objects-and-object-descriptions)

**4.1.** Objects available for sale by auction on the Website are presented in an object description prepared for each object.

**4.2.** The object description contains information to enable a buyer to form a view of the object's condition, including a description of the object, starting price, current bids during an active auction, certain specifications, location and time for viewing and inspection, as well as where and how the object can be collected after a completed purchase. Where shipping is offered, this is stated in the object description. The buyer's premium (service fee) is also displayed.

**4.3.** Objects are second-hand unless otherwise stated in the object description.

**4.4.** It is important that the Company carefully reviews the object description before participating in bidding. Please note that images may not perfectly reflect reality, for example with regard to colour, shape or size. Budi strives to ensure that the description and images provide a fair representation of the object, but deviations may occur.

**4.5.** Budi does not as a rule carry out any inspection of objects listed on the Website, unless otherwise stated in the object description. Unknown and/or latent defects may therefore exist.

**4.6.** If an object is described as a repair object or a spare parts object, it may be missing parts or have more defects than described. Such an object may also be in a condition that renders it unsuitable for its original purpose. Passenger cars and trucks with a sale price below SEK 30,000 are also classified as repair objects.

**4.7.** The object description may be amended in response to new circumstances. Any amendments or additions are posted on the Website. Where an amendment is material to the value of the object, Budi reserves the right to withdraw the object from auction and potentially relist it with a revised object description at a later date.

**4.8.** Where an object description is available in languages other than Swedish, the Swedish version shall prevail unless otherwise stated.

## 5. Buyer's Duty to Inspect [🔗 Permalink](https://www.budi.se/en/info/villkor-foretag#5-buyers-duty-to-inspect)

**5.1.** Objects on the Website are sold in their condition at the time of auction, on an as-is basis and without any liability for defects. It is therefore important that the buyer exercises its duty to inspect before participating in bidding.

**5.2.** It is the buyer's responsibility to inspect objects and assess their condition by reference to, among other things, a physical inspection, the object description, the starting price, the age and type of goods, and the object's intended use. Other factors may also be relevant when assessing the condition of a particular object; the points listed above are illustrative and do not constitute an exhaustive list.

## 6. Auction and Bidding Process and Purchase Agreement [🔗 Permalink](https://www.budi.se/en/info/villkor-foretag#6-auction-and-bidding-process-and-purchase-agreement)

**6.1.** The Company may log in and place a bid on an object from the time the auction opens until it closes. For each object, a time is specified at which the countdown to auction close begins. If a new bid is placed within three minutes of the countdown starting, the auction is extended by a further three minutes. The auction closes only once no bid has been placed for at least three consecutive minutes.

**6.2.** The auction close time may be extended or changed in the event of operational disruptions or technical errors. The Company will in such cases be notified via the Website as soon as possible. Such occurrences are uncommon.

**6.3.** All bids at auction are binding. The highest bid accepted by Budi wins. In the event of equal bids, the bid registered first prevails.

**6.4.** Certain objects are subject to a minimum price, known as a reserve price. The Company may place a bid for the maximum amount it is willing to pay. If the reserve price is not met, Budi may choose to sell the object below the reserve price (after consultation with the seller), not to sell the object at all, to initiate a negotiation period through dialogue with participating bidders, or to relist the object for auction. Where Budi initiates a negotiation period, the Company's bid remains binding for two (2) business days after auction close. The Company undertakes to remain available to Budi's staff during the negotiation period. The binding period is renewed for a further two (2) business days each time a new bid is placed during the negotiation period.

**6.5.** After a completed auction, a binding purchase agreement is formed only once Budi has approved the winning bid. Approval is effected by sending an invoice or winner notification email to the winning bidder, normally within one business day.

**6.6.** For each object, the Website displays: object ID, object description, auction information, leading bid, bid level, time of bid, the bidder that placed the bid, applicable VAT rate, buyer's premium, etc.

**6.7.** Bid manipulation is prohibited, including placing bids without any intention to purchase or any other conduct that may mislead other participants as to the price. Such conduct may give rise to legal liability.

## 7. Fees, Costs and Payment [🔗 Permalink](https://www.budi.se/en/info/villkor-foretag#7-fees-costs-and-payment)

**7.1.** Only the winning bidder who has received a winner notification email and/or invoice is required to pay the buyer's premium for use of the bidding service. The buyer's premium is stated in the object description and is payable even if the purchase of the object is not completed for any reason.

**7.2.** Payment of both the purchase price and the buyer's premium must be made using the payment methods available on the Website. Budi may decline certain payment methods for technical or administrative reasons.

**7.3.** Objects that have not been collected at the agreed time and place, for whatever reason, are subject to a delay/storage charge consisting of an initial fee of SEK 300 and thereafter SEK 150 per commenced 24-hour period, or the actual cost incurred by Budi for third-party storage or warehousing.

**7.4.** Payment must be made immediately after the winning bid has been approved and an invoice or payment information has been sent to the winner. If the buyer is late with payment, a payment reminder is sent after three calendar days. If the invoice remains unpaid seven calendar days after the due date, this constitutes a material breach of contract.

**7.5.** In the event of late payment, Budi is entitled to charge default interest pursuant to the Swedish Interest Act (Räntelagen, 1975:635), reminder fees pursuant to the Swedish Act on Costs for Debt Collection (Lag om ersättning för inkassokostnader, 1981:739), and a late payment fee in accordance with the applicable price list.

**7.6.** If payment is not made despite a reminder, the claim may be referred to a debt collection agency in accordance with applicable law.

## 8. VAT [🔗 Permalink](https://www.budi.se/en/info/villkor-foretag#8-vat)

All prices and amounts displayed on the Website and in the Terms are exclusive of VAT unless otherwise stated.

## 9. Financing [🔗 Permalink](https://www.budi.se/en/info/villkor-foretag#9-financing)

**9.1.** For certain objects, financing may be available through one of our partner credit providers. Financing is arranged through a separate agreement between the buyer and the relevant partner.

**9.2.** Budi is not a credit provider and accepts no responsibility for the terms or performance of such agreements. All questions regarding financing should therefore be directed to the relevant partner.

**9.3.** Budi may, in connection with a bid or purchase, require the buyer to demonstrate that financing has been approved (for example, by means of a loan commitment) before the purchase is confirmed.

## 10. Collection, Shipping and Transport [🔗 Permalink](https://www.budi.se/en/info/villkor-foretag#10-collection-shipping-and-transport)

**10.1.** The time and place for collection are stated in the object description or the invoice, unless otherwise agreed.

**10.2.** Transport costs are not included in the purchase price. The buyer may arrange transport independently or use a transport solution designated by Budi.

**10.3.** If the buyer is unable to collect the object at the agreed time and place, Budi must be contacted as soon as possible. A delay of fourteen calendar days in collection constitutes a material breach of contract.

**10.4.** At collection, proof of payment and an invoice or payment confirmation must be presented. The object will be released only after full payment has been registered with Budi and a release receipt has been signed by both the seller and the buyer.

**10.5.** If the buyer authorises a representative (such as a friend, colleague, employee, transport company or freight forwarder) to collect an object, the buyer is responsible for ensuring that the authorisation includes both the right and the obligation for the representative to inspect and confirm that the condition of the object corresponds to the object description and any supplementary information, and to sign the release receipt.

**10.6.** The risk of loss passes to the buyer when the object is handed over to the carrier.

**10.7.** Transport damage must be reported to the carrier immediately and notified to Budi without delay.

**10.8.** For digital goods (such as licences or software), the risk passes when the buyer gains access to the goods, for example via a link or login credentials.

**10.9.** For objects requiring a permit (such as firearms or explosive goods), valid permits together with identification must be presented before purchase and at collection.

**10.10.** If an object cannot be released after a completed auction due to theft, legal impediments or similar circumstances, Budi's liability is limited to refunding the amount the buyer paid for the object, including any buyer's premium.

## 11. Export and International Purchases [🔗 Permalink](https://www.budi.se/en/info/villkor-foretag#11-export-and-international-purchases)

**11.1.** If the Company is established in Sweden or within the EU and does not provide a valid VAT number upon registration, Swedish VAT will be charged on the invoice.

**11.2.** If the Company is established within the EU and provides a valid VAT number upon registration, the reverse charge mechanism applies, meaning that Budi will not charge Swedish VAT.

**11.3.** If the Company is established outside the EU, Swedish VAT will be charged on the invoice. VAT will be refunded only if the Company provides Budi with an export declaration or other acceptable customs document demonstrating that the object has left the EU. A refund also requires the Company to provide complete banking information, including IBAN, BIC/SWIFT code, and the bank's name and address.

**11.4.** Export documents as described above must be provided to Budi within fourteen days of the invoice date for the refund to be processed without delay. If documents have not been received within fourteen days, Budi is entitled to retain the VAT paid until export has been verified in accordance with applicable legislation. If no acceptable documentation is received within this period, the Company forfeits its right to a refund.

**11.5.** For companies established outside the EU, Budi may require a deposit. The deposit is refundable only upon verification of export in accordance with the above.

**11.6.** The Company is responsible for all customs, import and registration procedures in the destination country.

**11.7.** In the case of export and international purchases, Budi's special terms for international purchases apply in addition to these Terms.

## 12. Warranty, Liability for Defects, Complaints and Right of Withdrawal [🔗 Permalink](https://www.budi.se/en/info/villkor-foretag#12-warranty-liability-for-defects-complaints-and-right-of-withdrawal)

Unless otherwise stated, objects are sold without any warranty, without any liability for defects, without any right to raise complaints, without any right to withdraw a bid or rescind an agreed purchase, and without any right of return.

## 13. Intellectual Property Rights [🔗 Permalink](https://www.budi.se/en/info/villkor-foretag#13-intellectual-property-rights)

**13.1.** Downloading, processing or reusing any part of the Website's databases, whether by manual means or by automated methods (such as web scraping), without Budi's prior written consent is prohibited.

**13.2.** Infringement of Budi's intellectual property rights may result in liability for damages and prosecution under applicable law.

## 14. Technical Availability and Service Interruptions [🔗 Permalink](https://www.budi.se/en/info/villkor-foretag#14-technical-availability-and-service-interruptions)

**14.1.** Budi strives to ensure that the Website and our services are available without interruption, but we cannot guarantee uninterrupted operation. Planned maintenance, technical issues or events beyond our control may result in disruptions, unavailability or data loss.

**14.2.** In the event of technical disruptions or unavailability, Budi reserves the right to extend, suspend or restart an auction. Bids placed during a period when the service was defective or unavailable may be invalidated.

**14.3.** If a disruption prevents the Company from completing a purchase that would otherwise have been concluded correctly, Budi is responsible for remedying the fault or for ensuring that the Company is not bound by bids placed during the disruption.

## 15. Limitation of Liability [🔗 Permalink](https://www.budi.se/en/info/villkor-foretag#15-limitation-of-liability)

**15.1.** Budi's aggregate liability per object or service is in all circumstances limited to the amount actually paid by the buyer to Budi for the relevant object or service. No liability attaches to services provided free of charge.

**15.2.** Budi is not liable for indirect or consequential loss, such as loss of profit, loss of production or loss of data.

**15.3.** Budi is not liable for damages or losses caused by temporary technical disruptions, communication failures or similar events, provided that Budi promptly takes reasonable steps to remedy the fault.

**15.4.** If an object is not available for collection at the specified time (for example, due to theft or impediments on the part of the principal), Budi's liability is limited to refunding the amount the buyer paid for the object, including any buyer's premium.

**15.5.** Budi accepts no liability for typographical errors on the Website.

## 16. Material Breach, Termination and Other Remedies [🔗 Permalink](https://www.budi.se/en/info/villkor-foretag#16-material-breach-termination-and-other-remedies)

**16.1.** Budi is entitled to terminate agreements with the buyer with immediate effect (including rescinding ongoing purchases) if:

1. the buyer fails to pay, is declared bankrupt, applies for or commences company reorganisation, enters into liquidation or is otherwise insolvent;
2. the buyer's payment for an object or buyer's premium is at least seven calendar days overdue;
3. the buyer is repeatedly late with payments;
4. the buyer notifies that it does not intend to fulfil its payment obligation;
5. the buyer fails to collect a paid object within fourteen calendar days of the specified date and time;
6. the buyer provides false or misleading information or otherwise breaches these Terms or Budi's instructions;
7. the buyer manipulates bidding or otherwise attempts to influence the auction improperly;
8. the buyer contacts principals directly outside the Website in an attempt to conclude a transaction; or
9. the buyer's conduct risks causing Budi financial loss, legal liability or material reputational harm.

**16.2.** Upon termination or rescission, Budi may withhold delivery of objects, demand full payment for objects already won, resell the object at the buyer's risk and expense, and claim compensation for unpaid amounts, buyer's premium and reimbursement for all losses and additional costs (including storage, handling and administration). If the object is resold at a lower price than the agreed purchase price, the buyer is obliged to pay the difference to Budi.

**16.3.** In the event of suspected money laundering, sanctions violations or similar, Budi may immediately suspend the user account and rescind ongoing purchases without any obligation to pay compensation.

## 17. Subcontractors [🔗 Permalink](https://www.budi.se/en/info/villkor-foretag#17-subcontractors)

Budi is entitled to engage subcontractors for the performance, development, maintenance and provision of the Website and our services.

## 18. Amendments to the Terms [🔗 Permalink](https://www.budi.se/en/info/villkor-foretag#18-amendments-to-the-terms)

**18.1.** Budi reserves the right to amend these Terms, the services and their pricing, and the content of the Website. In the event of material amendments, the Company will be informed via the Website or by email.

**18.2.** Amendments take effect immediately for new purchases and new users. For existing registered users, amendments take effect thirty days after notification.

**18.3.** If the Company does not accept the amended Terms or services, the Company is entitled to terminate the agreement and immediately cease using its user account.

**18.4.** Ongoing transactions and agreements entered into before amendments take effect shall be performed in accordance with the terms in force at the time the agreement was entered into.

## 19. Assignment [🔗 Permalink](https://www.budi.se/en/info/villkor-foretag#19-assignment)

**19.1.** Budi is entitled to assign its rights and obligations under these Terms to a third party. In such event, the Company will be notified via the Website or by email.

**19.2.** The Company is not entitled to assign its rights or obligations under these Terms without Budi's prior written consent.

## 20. Force Majeure [🔗 Permalink](https://www.budi.se/en/info/villkor-foretag#20-force-majeure)

**20.1.** Where performance of our obligations under the Terms is materially impeded or prevented by circumstances beyond our control – such as labour disputes, strikes, war, fire, lightning, terrorist attacks, theft, damage, pandemics, changes in government regulations, government intervention, or the exercise of a superior right by a third party, or where any party elects to discontinue a transaction necessary for our performance, or any other cause beyond our control – this shall constitute grounds for relief from liability, exempting us from liability for damages and other sanctions.

**20.2.** Where performance under the Terms is prevented under the conditions described in this section for a period exceeding three months, the affected agreement may be rescinded.

## 21. Notices [🔗 Permalink](https://www.budi.se/en/info/villkor-foretag#21-notices)

**21.1.** Notices from Budi to the Company are sent to the email address most recently registered on the Company's user account or to the postal address the Company has provided.

**21.2.** Notices from the Company to Budi shall be given in the manner set out on the Website or to the contact details provided by Budi.

**21.3.** An email is deemed to have been received at the time of sending, unless a delivery failure notification has been received. A message sent by ordinary post is deemed to have been received no later than three days after dispatch.

## 22. Personal Data and Cookies [🔗 Permalink](https://www.budi.se/en/info/villkor-foretag#22-personal-data-and-cookies)

**22.1.** Budi is the data controller for personal data processed in connection with the Company's use of the Website or our services. Processing is carried out in accordance with the General Data Protection Regulation (GDPR) and our Privacy Policy, which is available on the Website.

**22.2.** We process personal data in order to fulfil our agreements with the Company, to comply with legal obligations, and, where applicable, on the basis of consent or legitimate interest.

**22.3.** The Website uses cookies. On the first visit, the Company will be asked to consent to the use of cookies. Consent may be changed or withdrawn at any time through the settings on the Website. Only strictly necessary cookies are used without consent.

## 23. Governing Law and Jurisdiction [🔗 Permalink](https://www.budi.se/en/info/villkor-foretag#23-governing-law-and-jurisdiction)

**23.1.** Disputes arising from this agreement where the amount in dispute exceeds fifteen price base amounts shall be finally resolved by arbitration in accordance with the SCC Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce (SCC). The seat of arbitration shall be Stockholm. The language of the proceedings shall be Swedish. Swedish law shall govern the dispute.

**23.2.** Disputes involving an amount below fifteen price base amounts shall be resolved by the Stockholm District Court (Stockholms tingsrätt) as the court of first instance.



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