Terms of Purchase
Terms and conditions
Klaravik Finland Oy (2773899-6), later Klaravik, is a private auction company whose clients include municipalities, companies, finance companies, bankruptcy administrators and estate agents. Klaravik's mission is to convey items on behalf of sellers to the highest bidder (hereinafter referred to as "the buyer") in internet-based auctions.
Klaravik's service is primarily aimed at business buyers.
Auction
All items on klaravik.fi are sold by auction. Bids for the auctions can be submitted 24 hours a day. Auctions close at the time indicated, but the auction will be extended by approximately three minutes if a new bid is submitted within three minutes before the closing time.
Klaravik is not liable for any damage, loss or consequential damage that the buyer or the commissioner may suffer as a result of technical failures, communication problems, etc. Klaravik is also not liable for any damage caused by the failure of the offer to register in the system or the buyer's inability to connect to the system.
After the auction closes, Klaravik will contact the highest bidder by email or telephone within seventy-two (72) hours.
Seller
The seller is an organisation that has commissioned Klaravik to sell the item. Klaravik's sellers are municipalities, companies, financial companies, bankruptcy administrators and estate agents.
The seller is always ultimately responsible for the auctioned item. Klaravik is only a broker and does not act as the owner or seller of the item; instead, the responsibility for the item to be auctioned lies with the seller Klaravik also assumes no liability as an exporter to a foreign buyer.
Buyer
To purchase an item from Klaravik, you must register as a bidder at klaravik.fi. The buyer can register as a Finnish company, a Finnish individual or a foreign company. The submission of bids is subject to acceptance of Klaravik's terms and conditions of sale, which are agreed on at the time of registering a bidding account. It may take a few hours, or longer, for the registration to be checked and approved.
To register a buyer account as an individual, you must be at least eighteen (18) years of age.
Registering an account under an untruthful name or the name of another person may result in a criminal complaint being filed.
Klaravik processes all your personal data registered in its system in the manner required by the Data Protection Act (1050/2018). When a buyer registers, it gives Klaravik permission to use its own or your company's data to enable Klaravik to fulfil its obligations towards the buyer. Klaravik's Privacy Policy explains how personal data is processed.
If Klaravik has a reason to suspect that the buyer is misusing his/her buyer account, not fulfilling the terms of sale or otherwise not acting as agreed, Klaravik has the right to block the buyer from bidding on klaravik.fi.
Making offers
All offers are binding. This also applies to bids that do not correspond to the reserve price of the item at the end of the auction. If the reserve price has not been reached, the bid will remain valid for two (2) business days from the closing of the auction. The buyer agrees to be available to Klaravik's staff during this period. A buyer's premium according to Klaravik's price list will always be added to the winning bid.
In addition to manual bids, the buyer has the possibility to let the system bid automatically on the buyer's behalf. The highest automatic bid made by the buyer will not be visible to other bidders. If two bidders submit the same bid, the bid submitted first remains valid. The order is clearly verifiable in the bid history.
Klaravik is not responsible if a bid is not registered in Klaravik's system.
Object for sale
All items on klaravik.fi are sold as is, where is. Auction documents include text, pictures and in some cases videos. The buyer should always go through the documents carefully. Please note that the pictures may sometimes be misleading and may differ from the reality, e.g. in colour, shape and size.
Klaravik does not make a technical inspection of the items. Klaravik's brokers, with the assistance of the seller, instead, assess the condition based on an interview with the seller.
If the condition of the item is described in limited detail, the buyer should take into account any unknown or hidden defects.
Klaravik ensures that the sold item is not subject to tax liabilities and that the buyer is not charged any other residual debts related to the it.
For registered vehicles the seller and the buyer need to make the transfer of ownership as required by the Finnish law.
If a consumer buyer exercises his/her right of return when purchasing a registered vehicle, ownership of the item will pass back to the seller.
Repair sites and spare parts sites
If the item is described as a repair item in the auction documents, the seller or Klaravik hasn't tested or checked it completely. The item may be missing parts or have more defects than described in the auction documents. This must be taken into account when making a bid. Cars and light trucks with an estimated value of less than €2500 are also considered as repair items.
If an item is described in the auction documents as a spare part, it is in such a poor condition that it cannot be used for its intended purpose. This must be taken into account when bidding.
No complaints can be made about the condition of repair and replacement items.
Reserve price
The reserve price is the lowest acceptable selling price decided in advance by the seller. The auction page of the object will indicate whether the reserve price has been reached or not.
Guarantee
The purchased item has no guarantee.
Fees
A buyer is charged a buyer's premium, which is determined by the expected value of the item. The buyer's premium will be clearly indicated on each auction before and after placing bids when you are logged in as a registered used on klaravik.fi.
Value added tax
All items and buyer's premium are subject to VAT or a VAT deposit (unless otherwise stated). Applicable VAT, or VAT deposit, will be displayed with each item and is clearly visible before placing a bid.
Payment
If you have the highest bid when the auction ends, and the reserve price is reached you are obliged to pay for the item within seven (7) days using the chosen payment method. Payment must be made in full to Klaravik Finland Oy.
The buyer's duty to inspect
All Klaravik items are sold as is, where is. Items may have faults and defects as they are in most cases second hand goods and machines.
The buyer has a comprehensive obligation to inspect the item upon collection. This means that the buyer must check and approve its condition in relation to the information given in on the auction page description. During the auction, there is usually no opportunity to inspect the item in its physical location. (If exceptions are made, they will be indicated on the auction page description).
When the buyer collects the item, it is mandatory to provide the seller with the proof of completed payment received by Klaravik Finland Oy. Both the seller and the buyer need to let Klaravik know that that item has been collected.
The seller is not responsible for defects that are not pointed out by the buyer at the time of collection. If the buyer uses a freight forwarder or agent for collection, the buyer is deemed to have accepted the item when it leaves the collection point. The seller is also not liable for any defects after collection.
Neither the seller nor Klaravik shall be liable for defects in the sold items or property if the principal is a bankrupt administrator or if the item is a foreclosed property.
Collection
Before pick-up, the payment for the item must be completed to Klaravik Finland Oy. Once the payment has been registered, the buyer needs to contact the seller with provided contact details.
The buyer should contact the seller to arrange a pick-up time that is convenient for both parties. Klaravik will answer any other questions by telephone and e-mail during office hours. Unless otherwise stated, the buyer is responsible for picking up, loading and any unloading of the item.
The buyer has twelve (12) days to pick up the item after the auction closes. If the item has not been picked up within twelve (12) days, Klaravik has the right to charge a minimum fee of €50 (plus VAT) for each week starting from the 13th date of the auction closing date.
If the seller does not give the buyer the opportunity to collect the item within twelve (12) days, the buyer has the right to demand either the completion of the sale or otherwise full cancellation of the sale. The seller is not obliged to complete the transaction if there is an insurmountable obstacle or if its execution would require sacrifices that are not reasonable in view of the importance of the transaction for the buyer. Where dissolution of the transaction is justified, the buyer shall be entitled to a refund of the purchase price paid to Klaravik. The buyer is always obliged to take reasonable measures to prevent, avoid or limit losses or damages.
Klaravik or the seller aren't responsible for the possible defects in the condition if the item hasn't been picked up on time.
If the buyer or his representative has not collected the item within thirty (30) working days (or within any other period specified in the auction description), the seller, through Klaravik, has the right to cancel the transaction and put the item up for sale again.
The seller and Klaravik shall be entitled to claim compensation for costs and other losses incurred as a result of the cancellation of the sale. If the sale price is not sufficient to cover the damages and resale costs of the seller and/or Klaravik, the buyer shall also be liable for the difference. If the object cannot be sold or if the price does not cover the selling costs, the seller and Klaravik may scrap/dismantle/destroy the object. Prior to this, the buyer will be informed using the last known contact details.
EU sales and exports
If you are a foreign buyer, you are obliged to export the item immediately outside Finland to a country where the buyer is registered.
All international buyers at Klaravik Finland Oy go through a validation process after registration to get an authorised bidding account.
For purchases made through Klaravik, VAT or VAT deposit is always included in the invoice (unless otherwise stated). It is important that the buyer pays the full amount including VAT. If the buyer's account is registered as a foreign company and has a valid VAT number, the buyer can request a VAT refund from Klaravik.
In order to receive a VAT refund and reimbursement, the buyer must send valid export documents to info@klaravik.fi within ten (10) days of collection. If the deadline is not met, Klaravik will not be able to refund the VAT-deposit.
For EU sales VAT refund we require all four following documents:
1) A signed CMR (International transport bill) or waybill
2) An invoice from the transport company
3) Klaravik's export declaration, which you will receive when you pick up the item
4) Your company's IBAN and SWIFT numbers
VAT refunds for exports outside the EU, we require all three following documents:
1) Customs document
2) The Klaravik export declaration, which you will receive when you pick up the item
3) Your company's IBAN and SWIFT numbers
Right of withdrawal
All offers are binding. A business buyer has no right to withdraw a bid placed on Klaravik's website during the auction, regardless of whether the bid is the winning bid or not.
Klaravik's consumer buyer (consumer) has the following rights:
In accordance with the Consumer Protection Act (38/1978) concerning distance selling and off-premises contracts, a fourteen (14) day cancellation period applies to transactions made by the consumer. The withdrawal period starts from the day on which the consumer takes possession of the goods. Klaravik must always be informed of the exercise of the right of withdrawal. The consumer may notify the cancellation either by using Klaravik's contact form or by any other definite means. Failure to collect the item shall not be considered as withdrawal.
If the consumer wishes to exercise the right of withdrawal, the consumer must take or send back the item without delay at their own expense and within fourteen (14) days at the latest. In addition, the consumer must contact Klaravik at info@klaravik.fi for more detailed return instructions. The consumer is liable if he/she exercises the right of return. The refund will be made within fourteen (14) days at the latest from the date the consumer has contacted Klaravik and informed Klaravik of the exercise of the right of return, but not before the consumer has returned the item. The returned item must be in the same condition as when it was received. This means that it must not be altered, repaired or have any damage that was not present when the consumer took possession of it.
If the consumer has handled the item more than is necessary to determine its characteristics or function (up to 10 kilometres of driving in a vehicle or one hour of use of machinery), the consumer is responsible for the depreciation of the item. For passenger cars, the depreciation is calculated at €5 (including VAT) per 10 kilometres driven, in excess of 10 kilometres. For excavators, tractors, dumpers and wheel loaders under 5 000 kg, the depreciation is calculated at €70 (including VAT) per hour of use. For machines weighing more than 5 000 kg, the depreciation is calculated at €100 (incl. VAT) per hour of use. For other machinery and vehicles, the depreciation is calculated on the basis of the value of the machinery, its age and the hire price of the corresponding machinery.
In the case of a registered vehicle, the consumer as buyer must initiate a transfer of ownership process on Traficom website, or using vehicle documentation at the vehicle registration office, back to its original owner. Klaravik will make refund only after the ownership has been changed back.
Notification of the cancelled transaction will be sent to info@klaravik.fi
Claims
Complaints about the item should be addressed to Klaravik by phone on +358 3 520 444 or by sending an email to info@klaravik.fi or alternatively by filling in the complaints form on the Klaravik website.
In case of disputes, Klaravik acts only as a mediator and is not a party to the complaint, however, Klaravik may receive a complaint from the buyer when the complaint concerns a defect in the object of sale and pass on the complaint to the seller. Klaravik may also mediate between the buyer and the principal with the aim of creating an understanding between the parties. Klaravik is not the legal representative of the seller.
The complaint must be made before the buyer has transported the item away from the pick-up point indicated by the principal. The buyer must photograph, film or otherwise document the item in order to substantiate the complaint.
Klaravik and the seller must always be notified before any repairs are made to the item in case the complaint dispute hasn't been completed yet. Klaravik and the contractor must always approve the cost estimate in advance. The buyer is not entitled to compensation for repair costs if approval has not been given.
In the event of a complaint, neither the seller nor Klaravik will compensate any direct or indirect damage.
Technical and human errors
Klaravik reserves the right to make any printing and typographical errors on the website. Klaravik cannot guarantee that the images of the item are an accurate or complete representation of the item for sale. Klaravik reserves the right to cancel the sale throughout the sales process and to disregard any offers made. Klaravik also has the right to decide whether to repeat the auction process due to technical problems, typing errors or other reasons.
Klaravik shall not be liable for any damages, consequential damages or costs that the bidder or the bidder's customer may incur due to the above reasons or if bids are not registered, due to Internet, computer, etc. problems.
Processing of personal data
Klaravik's processing of personal data refers to the Klaravik Privacy Policy.
Applicable law and disputes
These Terms of Sale shall be interpreted and applied in accordance with Finnish law. All disputes concerning the interpretation and application of these Terms of Sale and the provision of the Klaravik Auction Service shall be settled by the Finnish General Court in accordance with Finnish law. The consumer also has the right to bring the matter before the Consumer Disputes Board. Klaravik's services are not subject to the International Commercial Law (CISG).