Fymas Auctions ApS
DK-2600 Glostrup, Denmark
Tlf. (+45) 44 65 06 07
Vat no. DK 38 34 67 09
This agreement is legally binding and describes the rights and obligations for users and FA in connection with the services offered on the FA trading platform.
It is a condition for creating a user account that you have read and understood the FA's Terms and Conditions and the creation as User is acceptance and approval.
The registered User is responsible for transactions made with their password and, therefore, must protect their code against abuse. If more people in the same organization need FA's services, an account must be created for each User.
All messages between the User and FA in accordance with this agreement must be made on the E-mail Address the User has registered by the FA. Messages from FA in the time at. 8.00 - 16.00 (CET) is expected to be read and answered by User immediately – the User is responsible for FA's readings being read and answered. All messages from FA will become binding for the User as recipient, from when they have been sent by the FA, and in the legal sense, have been obtained from the FA dispatch, resulting in legal effects not depending on whether or not the recipient has read the message.
The user's identity is kept confidential until the auction is completed, and after payment, the Bidder / Buyer and Seller will get message about each other's identity and the subsequent procedure. Bidding is done anonymously, but Bidders User ID number will be visible when bidding has been placed.
When listing the auction, Seller always sets a Starting price and a Reserve price of the item, excl. VAT.
and Seller can choose whether the Reserve price is visible for Bidder or whether it must be hidden until a bid is made and reach the Reserve price.
Each bidding round is 2-3 weeks and Seller is obliged only by bids at and above the Reserve price set by him, less commission - but all Bidder's bids are legally binding for Bidder without right of withdrawal. Also, bids submitted by Bidders under Seller's Reserve price are binding for Bidders for up to 24 hours on next business day after auction ends - and Bidders will be notified within this deadline if Seller will accept bids below the Reserve price.
◤ Bidders allow that, if the Reserve price is not reached, FA can make contact on behalf of Seller to inquire if agreement can be reached on a price higher than the bid.
◤ Seller is not allowed to sell the item to a third party during the above 24 hours and even though the Reserve price is not obtained, FA can contact Seller to inquire if agreement can be reached on a price.
Subsequent bidding round:
Seller agrees that, if the Reserve price is not reached at the end of the auction, FA will, unless otherwise agreed, extend without further notice, or resume the auction for subsequent bidding rounds of 2-3 weeks.
As long as an item is for sale on the FA, Seller has no right to sell, advertise or attempt to sell the item otherwise or to a third party before the bidding round that the item participates in on FA, including subsequent bidding rounds may have ended without sales and a any subsequent dialogue as described above in section 2.1 has not resulted in a price agreement.
You can bid step by step or place your bid to the highest amount you will bid, our system works as Maxbid, also called Autobid. Once a Maxbid has been submitted, the system bids, from when the Reserve price is reached, automatically incrementally the lowest possible up to your maximum amount, so you can easily be lucky and pay less! Other Bidder and Seller cannot see what amount is set as Maxbid. You receive Emails when overbid, and at any time during the auction you can raise both single and Maxbid. For bids within the last 3 minutes of the auction period, the auction period is prolonged 3 minutes after the last bid.
Bidding, invoicing and settlement are in DKK.
Amount shown in Euro is for guidance only and rounded.
When Bidder wins an auction or Seller according to 2.1. accepts Bidder's bid below the Reserve price, an E-mail will notify with a message and within 24 hours an invoice will be sent to the Bidder per. E-mail with a payment deadline of 5 business days.
All payments are made by bank transfer to a client account at FA. Once the payment has been received, Buyer will receive a Delivery Note per. E-mail from FA, which shows contact details on Seller, and instructions in the delivery procedure. Upon pick up, the Buyer or his transport agent shall bring and display the Delivery Note to Seller as proof of the right to collect the items and Seller is sure of settlement as the payment is deposited with FA.
Settlement to the Seller takes place after the delivery of the item to the Buyer, in that the Seller shall send a copy of the signed Delivery Note per E-mail to FA - Regarding settlement time, see item. 3.2.
◤ Any delay in Buyer's payment is considered to be a major breach of the agreement and, in that case, the transaction can be terminated by Seller or by FA on behalf of Seller without prior notice. A termination of a purchase as a result of non-payment means that the Bidder / Buyer is obliged to pay FA both the Buyer´s premium and the Seller's commission which should have been given FA if the purchase had been completed in the normal way and plus a fee of DKK 2,500 - .In addition, Seller has the right to claim compensation from the Bidder / Buyer under Danish law for a Buyer's failure to comply with a purchase agreement.
Settlement to Seller is made within 5 working days from Buyer pickup of the item.
Delivery / Pick up:
All items are sold ex the Seller's yard, unless other is stated.
By each item at the auction, information about the approximate warehouse location is available. For the safety of the Seller and the risk of theft, the address of the warehouse will not be disclosed until payment has been received at the FA client account.
The place of delivery is ex yard - and pick up, disassembly as well as loading and unloading of the items is done by the Buyer at his own expense and risk. Damage related to this is solely Buyer's risk and Seller as well as FA is not liable, even if assistance with this has been given.
If Buyer wants to complaint over the item, claims must be made immediately at the pick up location, see art. 16.2.
Seller's delivery time is immediate from receiving FA's E-mail that Buyer's payment has been received on FA account.
◤ Any delay in Seller's delivery is considered being a major breach of the agreement and, in that case, the purchase can be terminated by Buyer or by FA on behalf of the Buyer without prior notice. A termination of a purchase due to a lack of or not timely delivery results in Seller being obliged to pay FA both the Buyer´s premium and the Seller's commission which should have been given FA if the sale had been completed in the normal way and plus a fee of DKK 10,000,- .In addition, Buyer has the right to demand compensation from Seller in accordance with Danish law rules for a Seller's failure to comply with a purchase agreement.
Buyer must contact Seller immediately after receiving Delivery Note from FA, to make an appointment for the time and place of pick up of the item. The item must be collected by the Buyer at the Seller within 14 days of receipt of the invoice.
◤ If the items have not been collected within the expiration of the collection period of 14 days from receipt of the invoice, this is deemed to be in breach of the agreement. Seller or FA on Seller's behalf may then send notice to Buyer at his registered E-mail address that, if the items have not been collected within an additional 8 days, the item will be put up on a new auction without further notice or otherwise sold according to Danish law for Buyer's failure to comply with a purchase agreement.
If the product cannot be sold at a new auction, Seller is entitled to freely dispose of the item, also to discard it. Both in the event of failure to obtain a sale at a subsequent auction to a third party, as in the case of disposal, a Buyer who has failed to collect the items, has no claim to either Seller or FA.
In addition, Seller has, at Buyer's failure to collect, the right to demand Buyer compensation in accordance with Danish law for a buyer's failure to comply with a purchase agreement.
From payment or when the payment period in the invoice has expired, whichever occurs first of the two, the item is considered ready for delivery - and it is recommended that the Buyer keeps the item insured from that date.
Risk if FA arrange the transport for Buyer, see 7.3.
If the Buyer fails to pay or collect the items in due time, or if his circumstances have caused him not to pick up in due time, the Seller is obliged, at the Buyer's expense, to take care of the item until the Buyer's delay ceases or until the purchase is cancelled.
The ownership of the purchased will only be transferred to the Buyer when the payment is registered at FA's client account.
6.1. Free registration and creation of items for sale.
Registration and creation of items on the FA is free - only at the time of purchase or sale there will be charged a premium/commission by FA.
6.2. Feeling safe:
Before a bid is confirmed, the "bid window" shows the Buyer's premium and the total price including premium, excl. VAT - The bidder then has a constant overview of the purchase price during the auction.
◤6.3. Buyer’s premium - and calculation of the item's billing price.
The premium rates are calculated incrementally and accumulated * - and are valid unless a bonus agreement has been made between Buyer and FA prior to the auction.
The buyer receives an invoice from FA on the purchase price, plus premium and a feel of DKK 100, regarding VAT see art. 6.4 below.
◤6.3. Settlement to Seller.
On FA it is free of commission for you to sell items. Only Buyers will be charged a Premium by FA on top of his bid.
Seller shall not invoice the item to FA but receives a Settlement Note from FA on the Buyers winning bid and the amount is deposited on Seller's account, regarding VAT see art. 6.4 below.
Buyer´s Premium %
0 - 10.000
10.000 - 100.000
100.000 - 600.000
600.000 - 10.000.000
* Example of a Buyer´s premium calculation:
Purchase an item for DKK 70,000 excl. VAT, thus the premium will be 20% of the first DKK 10,000 = DKK 2,000 + 10% of the next DKK 60,000 = DKK 6,000, i.e. Buyer´s total premium is DKK = 8,000 excl. VAT.
Invoicing fee DKK 100 excl. VAT is added.
When the item is in Denmark:
The purchase price, the premium/commission and the invoice tax will be added to VAT, unless the items are exempt from VAT.
When the item in another EU country:
The purchase price is not added to VAT, only the premium/commission and invoice fee.
The buyer must keep special VAT accounts in his accounts and report the details of his purchase to SKAT, see here http://skat.dk/skat.aspx?oid=2237734
When the item is in a non EU country including the Faroe Islands and Greenland:
The purchase price is not added to VAT, only premium/commission and invoice fee.
The buyer must keep special VAT accounts in his accounts and report the details of his purchase to SKAT, see here http://skat.dk/skat.aspx?oid=2237734
Customs duties may occur, see SKAT's tariff, see here http://skat.dk/skat.aspx?oid=2247454
EU Buyer VAT registered - not VAT registered in Denmark
When the item Is in Denmark:
The purchase price, the premium/commission and the invoice fee is not added VAT, provided that Buyer is within 14 days of collection of the item:
- Has submitted documentation to Seller and at the same time a copy thereof to FA that the items have been physically transported to another EU country. The documentation can be in the form of transport invoice, consignment note / CMR or declaration from carrier or freight forwarder.
- If the Buyer or Seller makes the transport themselves, the documentation must consist of a statement that the item has been received in another EU country.
In the absence of the above documentation or for late submission, the buyer accepts to pay 25% Danish VAT of the amount!
Buyer from outside the EU
The Seller must ensure that there is an export declaration EX-A (MRN).
In the event of a defect in the above documentation, both Seller and Buyer agrees to pay 25% Danish VAT of the amount.
If the item is located in another EU country or outside the EU, including the Faroe Islands and Greenland, contact FA.
Unless Seller has stated otherwise, items are advertised and sold through FA in accordance with the information and description as is and without warranty and may include hidden defects and defects not detected by the Seller.
Seller's duty to provide information:
Items are purchased in the condition as is and no complaints against Seller are accepted. However, the seller is obliged to deliver items in a condition that corresponds to the description.
Should it appear after the auction that the Item description has been subjected to significant errors or omissions and the item is in a significantly worse condition than described, the Buyer is entitled to cancel the purchase or eventually get a relative discount in the price.
◤ In case that FA describes items on Seller's behalf, Seller is obliged to immediately check for himself whether the description of the item is correct in all respects. Seller and only Seller is responsible for the description of the item, whether described by Seller himself or by FA on behalf of the Seller.
If, after the item has been created for sale, the Seller finds that the description is inadequate, Seller shall immediately inform FA thereof by E-mail to email@example.com.
Seller indulges to have full property and disposal of the items, including the items are free of mortgages, liens, property rights or other third parties, so that the Buyer obtains full and unrestricted ownership of the items from when Buyer has paid. The Seller must on request promptly provide such documentation to both Buyer and FA.
The Buyer's pick up of the item must be made while the representative of the Seller is present and the Buyer is responsible for checking the items upon pick up - and if there are significant defects that do not match the description on fymasauctions.dk, and the Buyer will complain or withdraw from the purchase, the following instruction must strictly be followed:
A. Immediately and when both Buyer and Seller are at the pick up point, the Buyer must call FA on Tel. (+45) 44 65 06 07, and while Buyer is still together with the Seller, FA will discuss the case with both Buyer and Seller - note that FA is not a party of a possible dispute between Buyer and Seller, but as a service, FA will try to get the parties to settled.
B. During such conciliation, both Buyer and Seller shall remain at the pick up place and await that the FA as a receipt for the settlement or the receipt of a complaint, by E-mail, sends both parties a record of their position.
If the above procedure is not followed and when Buyer or his carrier has signed the Delivery Note and / or has picked up the item, it is an acceptance of the purchased - and Buyer can then not complain.
C. If the Buyer has delay in his payment or delay in his pick up of the purchased item within the collection deadline, the Buyer´s right of complaint lapses.
Buyer is responsible for the inspection of the goods on collection and before the item is leaving the Seller´s place for pick up. If FA arrange the transport for the Buyer, Buyer´s rights of complaint are void and the risk of the goods passes to the Buyer, when the item is collected from the Seller by the Transporter. Buyer is responsible for transport and loading arranged by FA and it is, therefore, recommended that the Buyer take out an insurance on the item.
For certain items, the Bidder or his representative can conduct an inspection and test before the start of the auction.
FA generally indicates in the items description the possibility of inspection, but future Bidders are always welcome to contact FA for this.
9. FA RESPONSIBILITY AND LEGAL CONDITIONS BETWEEN USER AND FA - FA AND LIMITATION OF LIABILITY - SYSTEM FAILURE, INTERNET CONNECTION etc.
9.1. FA's role and the legal relationship between User and FA.
FA is an internet-based trading platform and auction service, which provides a marketplace that provides contact between Bidder / Buyer and Seller. The FA's role is to convey only contact between Sellers and Buyers of items put on sale on the platform.
FA does not own property for items sold on fymasauctions.dk nor is it party to the agreements entered into through the auction page, and FA cannot be held responsible either for defects in items sold, inaccurate, missing or fraudulent statements, and information, etc. specified by Users, Property, Third Party Rights, etc. for Sale, or User of the Trading Platform fulfills their obligations.
Any of FA's assistance to, or participation in, registration, inspection, photography and creation of items, etc., FA shall not assume any liability to Seller or Buyer. FA is not responsible for the description of or for items offered for sale or delivery by Seller. Nor can FA's statements or assistance to product description in any way guarantee complete information, accuracy, quantity, quality, authenticity, truth, security, legality, environmental characteristics, for missing or incomplete description, etc. of items advertised and sold - no complaints against FA are accepted.
9.2. User's duty to hold FA free of liability and Limitation of Liability.
User's duty to hold FA free of liability.
All items are sold without liability for FA, and to the extent possible within the law, User waives from any claim against FA that may arise in connection with an auction. FA is not liable to any User or third party, either for direct, indirect or other consequential damages, for any loss, loss of data, profits, revenue, dividend or revenue, etc. and this regardless of how the damage or loss has occurred, whether The damage or loss is caused by FA negligence or breach of this agreement or otherwise.
User accept that during preparing of these Terms and Conditions FA may have written errors and made typing errors and are not responsible for these.
FA is under no circumstances responsible for any direct or indirect loss of cover or goodwill or for indirect loss, nor for consequences of loss or damage.
It has also been agreed that, in the case of delay, User may not claim any liability for FA, either directly or indirectly. Any other claim for compensation e.g. lost earnings, loss of earnings, daily fines and all other requirements, regardless of type and by the way, are not covered by FA.
User agrees to hold FA free of liability for any claim for compensation or expense that may arise as a result of breach of this agreement by User or through User's account with FA.
Limitation of Liability.
FA is solely responsible for loss or damage which is directly attributable to FA's own actions and in that case only for grossly unforgiving acts, omissions and gross breach of duty - and applicable to FA in the case of the Buyer's claim of deficiencies.
In case of liability, FA's duties under this agreement are limited to FA not being liable for loss or damage to any direct or indirect loss of income, coverage, goodwill or consequential effects of loss or damage.
9.3. System failure and missing network connection, etc.
Access to the FA can be interrupted and FA is not responsible for operational malfunctions, communication errors, typing errors, breakdowns / interruptions on the Internet, and auction system servers / software, system failures, delays, service and maintenance disruptions / updates or other outcomes in FA services or other human as technical conditions etc. that may affect the auction system and bidding - and FA can for whatever reason not be held liable for failure to access fymasauction.dk.
FA reserves the right to permanently and temporarily close an auction without prior notice. In the event of a major breakdown, FA can at any time extend, cancel or cancel auctions, even after auctions have been completed.
10.1 FA's right to close, interrupt, extend and make changes to an auction or account.
FA sets the start and end time for the auctions created. FA is entitled but not obliged to close auctions before planned, to extend auctions, to delete or revoke descriptions where FA has mercantile, practical, legal or technical reasons. If FA finds it, practicable FA will give advance notice of the aforementioned measures but is not required to do so.
FA is not contractual or otherwise obliged or does not need to offer or make any of the actions or any other network service available to the Users.
FA can at any time change, cancel or delete an auction without liability and no claim can be made of any kind against FA. Cancellation can take place before, during and after an auction. Only FA decides whether an auction, account or service must be closed and when this will happen - FA's decision may be due to User's breach of this agreement, but not limited to, and FA is not required to disclose the reason.
It is not allowed neither directly nor indirectly to place bids on "own" auctions or to participate in "bidding" which may restrict competition or otherwise that can artificially affect the free pricing of an auction.
Any user agrees not to use any form of automated or manual method of copying or monitoring the FA website, and not to do anything that unnecessarily overloads our server and network connection, etc. unless FA's explicit in writing has given a permission in advance.
11.2. Exclusion of Users and Abuse.
Abuse results in expulsion from FA and FA reserves the right to exclude Users, delete auctions and bids. Similarly, FA will close any auction suspected of attempted manipulation, fraud or other forms of fraud.
Any User accepts that FA has the right to cancel any auction that appears to lead to violation of the spirit of this Agreement, as well as to FA's right to close a User Account and to suspend or terminate any auction associated with the User Account.
FA reserves the right to warn other Users against another User's actions, limit payments if FA is unable to verify User's Identity, the information User has provided, or FA believes that the User's account or activities involve a financial or legal risk of FA or other Users.
User can close his account by E-mail, requesting this to FA. The account cannot be closed as long as there are bids on or from an auction linked to the account holder. Closing an account does not affect the Seller and the Bidder / Buyer's obligation to respect already commenced auctions, bids or agreements entered into, etc.
◤12.2. Seller's opportunity to cancel an auction.
Seller may request FA to cancel its auction if no bids have been submitted or if the auction after a bidding round has been completed without reaching the Reserve price set by the Seller.
See also art. 2.1 above about FA's right to extend or resume an auction for a subsequent bidding round.
FA sole decides whether the request for cancelling a bidding round can be met and a request is considered only for compliance if it immediately subsequently is confirmed to Seller in writing by E-mail by FA.
User agrees that all information, text, graphics, software, HTML, codes and scripts in any format, etc. on FA's webpage and received from FA whatsoever belongs to FA, and no User is entitled to use, copy, modify, upload, download, transmit, publish, reuse, create derivative products and the like from the FA website or in any other way distribute material from the FA and from its website, unless FA's explicit written permission has been given in advance.
User is responsible for that the information, descriptions, images, or other material submitted by them do not infringe third party rights. The transferor shall indemnify FA for any claim and expense incurred by the FA as a result of the breach of third party rights or violation of the law.
By setting up an item on auction, Seller transfers all rights to images, texts and other material to FA.
This describes how FA as a data manager handles and protects received personal information. This policy applies to fymasauctions.dk and all our related sites, programs, services, and tools that refer to it and regardless of whether users access it to PC, tablet, mobile phone or other devices to access the Internet.
This policy of use and privacy only applies to the use and transfer of information collected by FA from User, FA may freely receive and collect additional information about Third Party User or other sources, and add these to the FA User Information.
Use of data and contact to User.
FA stores all information that the user enters to the FA, or which is given when User contacts FA or uses our services. By entering into this agreement, as well as using FA and related services User expressly agrees that FA must process personal information and may contact User by E-mail, Push Message, App-push Message, Text Message, Phone, letters, etc. to inform about our services and for targeted marketing activities, service updates and offers, as well as to customize, evaluate and improve our website, services, and advertisements or other related matters. – User also, accepts that the agreement includes similar inquiries from companies belonging to FA's. Group companies.
Without the User's explicit consent, FA does not disclose personal information User has assigned FA to third parties for their marketing purposes, but User agrees that FA may share their personal information with:
• Companies belonging to FA's affiliated companies in order to have a joint registration in our database and be able to provide consistent services and customer support to prevent, detect and investigate potential illegal activities, violations of our policies, fraud and / or data security breaches and for to support the development of our products, websites, programs, services, tools and communications.
• Service providers FA have agreed to assist in providing services on the FA website, such as finance companies, marketing agencies and technical support etc.
FA uses like most others who offer internet services cookies.
Cookie is data files that are stored on the PC, tablet, mobile phone or other devices to access the Internet.
All cookies we receive from users of FA are anonymous - i.e. FA cannot see who the User is.
There are 3 main categories of cookies, and the main purpose of them is to make it easier and faster for a User to use a website, for example. may be mentioned:
• First-party cookies that the visited website saves on the computer, they remember whether User is logged in or out, they remember User's user settings on the website and statistics of user visits to the website.
• Session cookies that allow users to flip back and forth between pages on a webpage and are temporary and deleted again when User leaves the home page.
• Third-party cookies that are saved by third-party applications, such as Facebook and Google Analytics to measure user behavior, thus helping FA to improve the website.
If User will avoid cookies - and deletion of cookies.
You can block all cookies from FA by selecting advanced cookie settings in your browser under Internet settings. User can then add FA to the list of websites User does not want cookies from. In the Internet settings, User can also delete all cookies the browser has saved.
However, the manner in which blocking and deletion occurs can vary according to what browser user uses and whether PC, tablet, mobile phone or other devices are used to access the Internet.
Other automatic personal and general data collection:
By visiting the FA website, using FA's services, response to ads, etc. Automatically collects information given to FA from User's PC, tablet, mobile phone or other devices to access the Internet - among this information is available, data about device type, location, computer and connection information, page views statistics, traffic to and from FA, referral URL, ad data, IP address, device id default web information, user interaction on fymasauctions.dk and our related webpages, etc.
FA protects user information using technical and administrative precautions such as firewalls, data encryption, and physical and administrative access controls for data and servers that limit the risk of loss, abuse, unauthorized access, disclosure and modification.
User is always welcome with questions or insights into the personal information FA have registered about User, and which is not available on the site unless FA is not entitled to or required to provide insight pursuant to the Personal Data Processing Act. If the information is actually incorrect, incomplete or irrelevant to the purposes for which FA uses the information, User can request FA to change, delete or block User Information.
15.2. Users right to change and delete personal data.
User is entitled at any time to contact FA at E-mail: firstname.lastname@example.org or by Tel.(+45) 44 65 06 07 and to restrict or withdraw User's consent to our processing and use of User's Personal Information - whether FA has received the call by telephone or by E-mail, FA will subsequently confirm the agreed on E-mail.
All legal matters between User and FA shall be dealt with in accordance with Danish law, and in case of FA's legal involvement, the matter shall be dealt with by the court in Denmark, where FA has its head office as the venue.
Dispute between User and FA.
User agrees that in case of a situation where User makes a claim involving FA or if any User directly or indirectly involves FA in a dispute, User shall before raising the claim before the court against FA or against third parties, attend to a mediation meeting at and with the participation of the FA's lawyer.
Dispute between Seller and Bidder / Buyer.
By any dispute between Seller and Bidder / Buyer, FA will not be a part of the dispute and the parties themselves are responsible for the execution of the transaction - but if there is a situation where Seller and Bidder / Buyer have a dispute, FA can if asked by the parties and as a service per ballot, try to help the parties to communicate and mediate.
Please note that FA is not a party to a dispute between Bidder / Buyer and Seller, but FA will as far as FA considers it appropriate, try to get the parties to settle.
In the case of a mediation, FA does not act as a representative of any of the parties and FA is not responsible for, nor has legal liability, duty or opportunity to take part in or resolve how or if a dispute can be resolved - but FA may make suggestions to reach agreement.
Regardless of the FA's participation, Seller and Buyer must cooperate proactive to resolve the dispute and to agree - and the parties agree for whatever reason to disclose all necessary documentation and information that can illuminate the case and contribute to a solution.
The termination of the purchase or a price reduction is regardless of the participation of FA in mediation or not, a matter directly between the Bidder / Buyer and Seller, and does not limit FA's right to salary.
Read the Terms and Conditions, which are the basis for using fymasauctions.dk, hereinafter referred to as FA.
17.2. Changes to Terms and Conditions.
Please note that Terms and Conditions are updated regularly and changes come into effect immediately from publication on the FA - the date of latest update is displayed on top of the Terms and Conditions.
17.3. Subject to writing and typing errors.
User accepts that during preparing of these Terms and Conditions and fymasauctions.dk, FA may have written errors, made typing errors, and are not responsible for these.
You will receive an E-mail within a few minutes.