User and Auction Terms and Conditions for Consumers – Budi AB

These user and auction terms and conditions for consumers govern the relationship between you as a consumer 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

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 private individuals and 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 ("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 consumers ("the Terms") govern the relationship between you as a consumer ("the Buyer", "the User", "you") and Budi. By registering a user account, you accept the Terms and undertake to comply with them in their entirety.

1.4. The Terms apply alongside mandatory consumer protection legislation, including the Swedish Consumer Sales Act (Konsumentköplagen, 2022:260) and the Swedish Distance and Off-Premises Contracts Act (Lag om distansavtal och avtal utanför affärslokaler, 2005:59). In the event of any conflict, mandatory law shall always prevail over the Terms.

1.5. If you have registered as a consumer but act and trade as a business operator when entering into agreements with Budi, your consumer rights will not apply. To enter into agreements with Budi as a business operator, you must first accept our user and auction terms and conditions for business operators.

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, you must register a user account and be logged in. Registering a user account on the Website is free of charge. Registration requires you to provide accurate and complete information. Registration may also be completed using BankID. By registering a user account, you consent to Budi carrying out additional identity verification as required. Identity verification may also be carried out where there is suspicion of a criminal offence. You are responsible for ensuring that your information is accurate and up to date. Any incorrect information must be promptly corrected through "My Pages" on the Website, or by contacting Budi if you are unable to make the correction yourself.

2.2. You may not register a user account on the Website if you are under 18 years of age, have been appointed a guardian or administrator, have been declared personally bankrupt, otherwise lack legal capacity, or have been suspended, whether temporarily or permanently, from the Website.

2.3. You are responsible for ensuring that only you have access to your user account. All actions, bids, purchases and use of our services through your user account are your responsibility. If you suspect that an unauthorised person is using your account, you must notify Budi immediately so that we can take appropriate action. Budi may at any time issue new login credentials if we consider it necessary, regardless of the reason.

2.4. You may close your user account at any time by contacting us at hello@budi.se.

2.5. Closure of your user account does not release you 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 you have entered into with Budi must be performed even after the user account has been closed.

2.6. Upon registration, and throughout the period you hold a user account 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.

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 pickup, 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

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 you 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 when you are logged in to the Website.

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

4.4. It is important that you carefully review 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 minor 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. This does not, however, affect your rights under mandatory consumer legislation.

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 Right of Inspection

5.1. Objects on the Website are sold in their condition at the time of auction.

5.2. It is your responsibility to review the object description and available images in order to assess the condition of the object. Where a viewing is offered, you are encouraged to attend and inspect the object in person.

5.3. You should exercise your right of inspection before participating in bidding.

5.4. If you choose not to inspect the object, this may affect your ability subsequently to invoke defects that would have been apparent on inspection.

6. Auction and Bidding Process and Purchase Agreement

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

6.3. Certain objects are subject to a minimum price, known as a reserve price. You may place a bid for the maximum amount you are 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, your bid remains binding for two (2) business days after the auction close. You undertake 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.

6.4. 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.

6.5. Any person participating in bidding is obliged to monitor their email after the auction closes, as important information regarding an approved winning bid or negotiation period may be communicated shortly thereafter. Where you do not respond or are otherwise unreachable despite repeated attempts by Budi to contact you regarding the purchase agreement, the following applies: failure to pay in accordance with the Terms constitutes a material breach of contract and the purchase may be rescinded. Budi will thereafter have no obligation to sell to you, and the object may, for example, be relisted at a new auction. The buyer's premium remains payable regardless, as it relates to the use of the digital bidding service, which has already been provided and delivered to you.

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 and buyer's premium.

6.7. Bid manipulation is prohibited, including placing bids on your own objects, placing bids without any intention to purchase, or any other conduct that may mislead other participants. It is also prohibited to procure another person to engage in any of the foregoing on your behalf. Such conduct may give rise to criminal liability.

6.8. Budi reserves the right to remove objects from the Website at any time, including during ongoing bidding.

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; this also applies in the event of a return, with the exception of the situation described in section 10.10.

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. Payment must be made by the date specified in the invoice (which shall be no earlier than the date on which the object is ready and available for collection).

7.4. If payment is not made on time, a payment reminder is sent no later than three days after the due date. Written payment reminder fees, written demand letter fees and default interest may be charged in accordance with the Swedish Act on Costs for Debt Collection (Lag om ersättning för inkassokostnader m.m., 1981:739) and the Swedish Interest Act (Räntelagen, 1975:635). A late payment fee of SEK 120 also applies.

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

7.6. Objects that remain unpaid seven days after auction close, despite the due date having passed and a payment reminder having been sent, may constitute a material breach of contract, entitling Budi to rescind the agreement and claim damages. See further below.

8. VAT

Bid levels displayed on the Website are generally shown exclusive of VAT. Before a bid is finally submitted, the object price, buyer's premium and applicable VAT are totalled in the bidding panel on the Website so that you can see the total amount payable if you win.

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 you 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 you 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

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. You may arrange transport yourself or use a transport solution designated by Budi.

10.3. You are requested to collect the object promptly at the specified time and place. If you are delayed, Budi must be contacted as soon as possible. Storage or handling charges may apply in the event of delayed collection, as set out on the Website or in the object description.

10.4. In the case of a bankruptcy sale, Budi cannot guarantee access to the bankruptcy estate's premises after the specified collection time, as the business will have ceased entirely.

10.5. 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.

10.6. You are encouraged to carry out a final inspection and confirm the condition of the object before signing the release receipt.

10.7. If you authorise a representative (such as a friend, colleague, employee, transport company or freight forwarder) to collect an object on your behalf, you are 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.

10.8. Where transport is arranged by you, the risk of loss passes to you when the object is handed over to the carrier. Where transport is arranged by Budi or a carrier designated by Budi, the risk passes only once you have received the object.

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

10.10. For digital goods (such as licences or software), the risk passes when you gain access to the goods, for example via a link or login credentials.

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

10.12. If an object has not been collected within three months of the date on which you were notified that the object was ready for collection, Budi is entitled by law to sell the object.

10.13. Notwithstanding the above, Budi may sell the object:

1. if more than one year has elapsed since auction close and you have still not collected the object; or
2. if the sale value is clearly less than one hundredth of the applicable price base amount at the time.

10.14. 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 you paid for the object, including any buyer's premium.

11. Liability for Defects

11.1. Budi is liable for ensuring that the object conforms to what has been agreed and otherwise meets the requirements of the Swedish Consumer Sales Act (Konsumentköplagen). The object shall correspond to the description provided on the Website and possess the properties that you could reasonably expect having regard to the price, type of goods, age, condition and other circumstances.

11.2. Given that many objects sold through the Website are second-hand, normal wear and tear or shortcomings consistent with the age, price and type of the goods do not constitute defects.

11.3. Known defects or deficiencies stated in the object description, which on a reasonable inspection would have been apparent, or which have otherwise been accepted by the buyer or the buyer's representative, do not constitute defects for these purposes.

12. Warranty, Complaints and Right of Withdrawal

12.1. Unless otherwise expressly stated in the object description, no specific warranty is provided in respect of the object.

12.2. As a consumer, you may have the right to make a complaint regarding defects in goods in accordance with the Swedish Consumer Sales Act (Konsumentköplagen). It is important to document when you discover any defects or deficiencies, as you will need to demonstrate to Budi what the complaint concerns.

12.3. You have the right to withdraw from your purchase within fourteen days from the day you received the goods, in accordance with the Swedish Distance and Off-Premises Contracts Act (Distansavtalslagen). To exercise the right of withdrawal, you must notify Budi within this period without undue delay. You are then entitled to a refund of what you have paid, including delivery costs (but not any additional cost for a specific delivery method that you yourself have chosen). You are responsible for the cost of returning the object following withdrawal. The object may be returned to any of Budi's premises. The refund will be made using the same payment method as you used for your purchase, no later than 14 days after you have notified Budi of your withdrawal, provided the object has been returned to Budi in the same condition as when you received it. You may not modify, repair or otherwise intervene in the object. The object must not have sustained any damage that was not present when it came into your possession.

12.4. In the case of objects sold from a bankruptcy estate, no right of withdrawal, right of complaint, right of return or similar right is available against the bankruptcy estate, as the business will have ceased and been wound up.

12.5. Notice of withdrawal from a purchase must be sent to hello@budi.se. You may use the standard form available on the website of the Swedish Consumer Agency (Konsumentverket) at konsumentverket.se.

12.6. The right of withdrawal does not apply to all types of goods. It does not apply, for example, to digital content delivered electronically where delivery has commenced with your express consent and you were informed at that time that the right of withdrawal would thereby be forfeited (such as the buyer's premium charged on each winning bid).

12.7. If repair is to be carried out in connection with a complaint, Budi must approve the proposed work and any cost estimate in advance. You are not entitled to compensation if repair work commences before written approval has been given.

12.8. If you exercise your right of withdrawal in connection with the purchase of a registered vehicle, ownership of the vehicle is transferred back to Budi, or such other party as Budi designates, upon receipt of the returned vehicle. To enable Budi to effect the transfer of ownership and the onward sale of the vehicle, you must grant Budi a power of attorney authorising Budi to transfer title to a new owner and to handle the sale as Budi deems appropriate. The power of attorney form will be provided by Budi and must be signed by you before the transfer of ownership can be completed.

13. Intellectual Property Rights

13.1. All material and content on the Website, including texts, images, databases and trade marks, belongs to Budi or our licensors and is protected by copyright, database right and, where applicable, trade mark protection.

13.2. Copying, distributing, selling or otherwise using such material and content without Budi's prior written consent is not permitted.

13.3. 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 also not permitted.

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

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 also be invalidated.

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

15. Limitation of Liability

15.1. Budi is liable for damages or losses arising from defects or delays in accordance with the Swedish Consumer Sales Act (Konsumentköplagen).

15.2. Budi is not liable for indirect or consequential loss, such as loss of profit, loss of production or loss of data, beyond what is required by mandatory law.

15.3. No liability attaches to services provided free of charge, to the extent consistent with mandatory law.

15.4. 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.

15.5. 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 you paid for the object, including any buyer's premium.

15.6. Budi accepts no liability for typographical errors on the Website.

16. Material Breach, Termination and Other Remedies

16.1. Budi is entitled to rescind a purchase or terminate the agreement with immediate effect if you commit a material breach of contract. The following circumstances shall always constitute a material breach:

1. failure to pay within a reasonable period after the due date;
2. notification that you do not intend to fulfil your payment obligation;
3. failure to collect a paid object within fourteen calendar days of the specified date and time;
4. provision of false or misleading information;
5. placing bids on your own objects, manipulating bidding or otherwise attempting to influence the auction improperly; or
6. conduct that causes, or risks causing, Budi financial loss or legal liability.

16.2. Upon rescission, Budi may withhold delivery of objects, resell the object at your risk and expense, and claim compensation for unpaid amounts and additional costs incurred as a result of the breach. If the object is sold for a price lower than your agreed purchase price, you are obliged to pay the difference.

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

16.4. If you fail to appear at the specified time for collection of an object sold by a bankruptcy estate, Budi may rescind the purchase immediately and sell the object to a third party. Budi will endeavour to maintain ongoing contact with you in such cases.

17. Subcontractors

Budi is entitled to engage subcontractors for the performance, development, maintenance and provision of the Website and our services. The engagement of subcontractors does not affect Budi's liability towards you as a consumer.

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, you will be informed via the Website or by email. Amendments may be necessary on an ongoing basis to meet IT security requirements, to create valuable content for users, and to adapt the Website, services and pricing to market conditions.

18.2. Amendments take effect immediately for new purchases and new users. For existing registered users, or where services previously provided free of charge become subject to a fee, amendments take effect thirty days after notification.

18.3. If you do not accept the amendments, you have the right to close your user account before the amendments take effect.

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

19.1. Budi is entitled to assign its rights and obligations under these Terms to a third party. In such event, you will be notified via the Website or by email. An assignment may never result in a reduction of your rights as a consumer.

19.2. You are not entitled to assign your rights or obligations under these Terms without Budi's prior written consent.

20. Force Majeure

20.1. Budi is relieved of liability for failure to perform its obligations under these Terms where performance 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 or government intervention.

20.2. Where performance is prevented pursuant to this section, you are entitled to rescind the purchase and receive a refund of amounts paid.

21. Notices

21.1. Notices from Budi to you are sent to the email address most recently registered on your user account or to the postal address you have provided.

21.2. Notices from you 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. This does not affect your right to raise complaints or objections by other means in accordance with applicable consumer protection legislation.

22. Personal Data and Cookies

22.1. Budi is the data controller for personal data processed in connection with your 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 you, to comply with legal obligations, and, where applicable, on the basis of consent or legitimate interest.

22.3. The Website uses cookies. On your first visit, you will be asked to give your 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 your consent.

23. Governing Law and Jurisdiction

23.1. These Terms are governed by Swedish law.

23.2. Disputes between you and Budi shall primarily be resolved by negotiation. If agreement cannot be reached, you as a consumer may refer the matter to the Swedish National Board for Consumer Disputes (Allmänna reklamationsnämnden, ARN) or to a court of general jurisdiction. ARN can be reached via its website at www.arn.se or at Box 174, 101 23 Stockholm. Disputes are heard by the district court in the jurisdiction of your place of domicile, unless otherwise required by mandatory law.