1. Scope of the Terms
1.1
The website www.ATSAuksjon.no (ATS Auction) provides the opportunity for the purchase and sale of items (Goods).
ATS NORWAY AS, org. no. 925 305 227, owns the rights to the Website and facilitates auction purchases and sales through the Website. ATS Auction is not a separate legal entity but a department under ATS Norway AS. ATS Norway AS is legally responsible for ATS Auction in accordance with these terms and conditions.
1.2
The terms apply to purchases and sales via ATS Auction. Those who create a user profile on the Website are referred to as "Users," those who bid on a Good are referred to as "Bidders," those who purchase a Good are referred to as "Buyers," and those who list/sell a Good are referred to as "Sellers." Users, Bidders, Buyers, and Sellers are collectively referred to as "Users."
1.3
The terms establish the rights and obligations between ATS Auction and the Users, as well as between the Users themselves. The terms govern the agreement for the sale of a Good from the Seller to the Buyer. For each sale, a separate Purchase Contract is also entered into. The terms may be modified between the Buyer and Seller in the Purchase Contract, including in each individual auction listing or in written communication between the Buyer and Seller.
1.4
Users and ATS Auction are bound by the applicable Terms, which are always available on the Website.
1.5
In sales to a consumer where the seller acts in the course of business, the mandatory rules of the Consumer Purchases Act apply in cases where there is a conflict with these terms. If the seller operates under a personal name and ID number, the seller is usually not acting in the course of business. If the buyer operates under an organization number, the buyer cannot be considered a consumer.
2. Significance of Agency Sales and the Condition of the Goods
2.1
Users understand that ATS Auction / ATS Norway AS only acts as an intermediary and is not jointly liable with the seller (Agency Sale). All information about the item for sale is based on information that ATS Auction has received from the Seller. ATS Auction is not responsible for any incorrect or incomplete information provided.
2.2
If ATS Auction/ATS Norway acts as the seller, this will be evident as ATS Auction/ATS Norway will sign the Purchase Contract as the seller.
2.3
In addition to these terms, all sales are subject to ATS Norway AS's general terms and conditions of sale and delivery as they appear on the website: www.atsnorway.com/terms
3. Registration on the Website
3.1
User Registration:
To create auction listings, bid, buy, or sell on ATS Auction, a User must register on the website ATSAuksjon.no. Registration is free of charge. A private individual who wishes to register as a User must be at least 18 years old. Upon registration, the User must provide information such as user type (business account or private individual), username (email address), password, date of birth or organization number, and mobile number. The User must verify their identity with BankID or passport. Other necessary information and/or verifications must be provided to ATS Auction upon request. Information necessary to complete the Purchase Agreement must also be provided to ATS Auction. Users outside Norway and Sweden are approved via e-pass by ATS Auction.
3.2
My Page:
Once registration is complete, the User receives their own user account ("My Page") on ATS Auction and receives a confirmation via email from ATS Auction. The User can then view full prices, post Auction listings, bid, buy, and sell on the Website. For businesses that wish to sell Goods, an additional dealer agreement must be entered into with ATS Auction before Auction listings can be published on the Website.
3.3
It is the User's responsibility to ensure that all information on My Page is updated and correct at all times. ATS Auction cannot be held responsible for errors and/or omissions in the information provided by the User.
3.4
The User must keep their username and password for My Page secure and use a password that others do not know or can find out. If the username and password are not kept secure or if My Page is otherwise misused, the User is responsible for any losses incurred by other Users or possibly ATS Auction. ATS Auction is not responsible for unauthorized use of My Page.
3.5
Without the consent of ATS Auction, no Users may copy and/or use information and/or data from the Website or Auction listings for purposes other than those described in the Terms. This applies to both commercial and private use.
3.6
It is the User's responsibility to ensure that they have the right to sell the Goods they list for sale on the Website and have the right to bid on Goods they bid on. ATS Auction is not responsible for Goods sold without rights from Users/owners.
3.7
Each User is responsible for fulfilling their own tax and duty obligations, including assessment and information regarding tax and VAT on Goods they buy and/or sell. Each User is also responsible for the consequences of operating with incomplete or incorrect information about their or the Good's tax and VAT status and must hold ATS Auction harmless from any claims from other Users or third parties related to this.
3.8
ATS Auction may suspend any User or close My Page for any User who violates the Terms one or more times. This also applies if a Buyer does not pay the Total Amount on time or exhibits behavior that is not acceptable.
3.9
ATS Norway may make changes to the Website (e.g., design and search technology) without the need for consent from or prior notice to the Users.
4. Selling Goods on the Website
4.1
Each item must have its own separate auction unless otherwise agreed with ATS Auction.
4.2
Users who wish to sell a Good can create an auction listing themselves via "My Page." It is important that the item is described objectively and thoroughly, and that the User follows their duties as a seller (see also point 5). ATS Auction recommends including clear and descriptive images of the item in the auction listing, as well as a thorough and descriptive text. You can only use your own images of the item. ATS Auction will review the auction listing and approve it if the Terms are met. Incomplete auction listings will be addressed by ATS Auction to guide the User in creating a complete auction listing. No Auction listings will be approved until all Terms are met (see also point 4.4).
4.3
ATS Auction lists an item for sale by agreement with the Seller: For businesses, ATS Auction can create an auction listing based on information received from the Seller, by agreement with the Seller.
4.4
Before an auction listing you as the Seller have created is published on the website, ATS Auction will review it. ATS Auction may suggest changes or make minor changes themselves (e.g., correcting typos or changing the order of images) to the auction listing you have created. If ATS Auction believes that major changes need to be made to the auction listing before it is published, you will be notified. You must then add more information to the listing or approve the changes suggested by ATS Auction for the listing to be published. If you do not respond to the request from ATS, ATS Auction will publish the auction listing with ATS Auction's changes without the need for approval from the Seller. ATS Auction may also choose not to publish the auction listing if all information is not provided or the terms for the auction listing are not met (see also point 4.5).
4.5
Only items that can be legally traded in Norway may be sold via the service. If the sale of the type of item requires official approval, it is the Seller's responsibility to ensure that such approvals are in order.
ATS Auction may reject auction listings before publication if there is a valid reason. Valid reasons may include, for example, that the auction listing is incomplete, inappropriate, unsuitable, or has an unrealistic price (as defined in point 7.3). This may also apply if there is suspicion of irregularities (e.g., suspicion that you as the seller do not have the right to sell the item) or if the item does not fit within the range of goods that ATS Auction wishes to facilitate via the website.
4.6
As the seller, you are responsible for all content in the auction listing. This means that you as the seller must comply with your duty to provide information and are responsible for ensuring that the description of the item and the auction listing is in accordance with the item's condition, applicable laws, and the Terms. ATS Auction reserves the right and does not take responsibility for any errors in auction listings.
4.7
After the auction listing is published on the website and until both the bidding period (defined in point 7.4) and all received bids have expired (referred to as the "Binding Period"), you may only offer the item for sale through ATS Auction. The item cannot be offered for sale through other sales channels. If the item is sold outside the website during the Binding Period, you must pay the Seller's Commission to ATS Auction and the Buyer's Auction Fee, which is calculated based on the reserve price (Seller's Commission and Buyer's Auction Fee are defined in points 8.1.1 and 8.2.1).
4.8
ATS Auction may use all content in the auction listing for its own purposes, such as communication, marketing, statistics, and service development. ATS Auction may also freely distribute all or parts of the auction listing in other channels, including external websites. However, ATS Auction is not obligated to do so. For the processing of personal data, see point 17.
4.9
Completed auctions that have resulted in a sale will be displayed on the website for 3 days after the auction ends. ATS Auction generally retains the listing information for as long as necessary after the conclusion of an auction, but is not obligated to do so. Please note that external websites and search engines may have cached data from the auction listing (including search agents), and this is beyond the control of ATS Auction. For details on the processing of personal data, please refer to section 17.
5. Sale of Goods - "As Is". Obligations for Information and Inspections
5.1
When goods are sold, they are sold “as is” and “where is.” The Seller must provide information in the auction listing regarding any aspects of the item or its use that the Buyer has reason to expect and must also fulfill their obligation to provide information in accordance with Norwegian sales law/consumer sales law. This includes essential characteristics and functionality of the item, including quantity and accessories. Unless otherwise stated in the auction listing, everything that naturally belongs to the item is included in the sale.
5.2
Some of the goods sold on the website are sold by bankruptcy estates, deceased estates, lienholders (including those authorized to sell on behalf of the seller), or others who may have limited knowledge of the item. In such cases, the buyer should expect that thorough inspections of the item have not been conducted by the seller. Even in other cases where the seller is acting on behalf of another party, the buyer should assume that the seller has limited knowledge of the item unless otherwise stated. In such cases, the item is sold "as is," "where is," and "with all existing limitations." Therefore, neither the seller nor ATS Auction is responsible for any obvious or hidden defects, including defects related to quality, quantity, completeness, usability, and/or similar issues. In these instances, except where prohibited by law, the buyer waives the right to make any claims for compensation related to the sale and the purchase agreement, as well as the right to demand a refund of all or part of the purchase price due to cancellation or price reduction claims. This means that the buyer cannot claim compensation for direct or indirect losses, other consequences or losses, or claim compensation for loss of data, revenue, profit, earnings, turnover, or any other matter, regardless of the cause and timing of the damage or loss, whether due to negligence, breach of contract, or otherwise.
5.3
All items are sold "as is" and "where is," and the Seller therefore expects the buyer to inspect the item at the location where it is stored before the buyer accepts the item "as is" and submits a binding bid. ATS Auction acts as a sales channel for the Seller and cannot be expected to have in-depth knowledge of the item.
5.4
Aside from the final price of the item, which is determined through the auction, a user should contact the seller with any questions about the item before placing a bid. The seller’s contact information, or ATS Auction's contact information, is provided in the auction listing.
5.5
All buyers are encouraged to carefully inspect the sale item, including bringing a professional assistant if necessary, to gain a sufficient understanding of the actual condition of the sale item. Issues that are or should have been discovered through a thorough inspection before the agreement is made or the item is taken over cannot later be claimed as defects and do not entitle the buyer to any legal remedies for defects. The buyer is obligated to inspect the sale item at the latest at the time of takeover.
5.6
Price reduction claims are not allowed in auction purchases of used items, neither for general purchases (cf. § 37, second paragraph of the Norwegian Sales Act) nor for consumer purchases where the consumer had the opportunity to be present at the auction (cf. § 31, second paragraph of the Norwegian Consumer Sales Act). This is justified by the fact that an auction is a special type of sale where the buyer determines the price.
6. Encumbrances on the Item, Approvals/Permissions, and Other Characteristics of the Item
6.1
As a general rule, all items shall be sold without registered encumbrances or other liens unless the Seller indicates otherwise.
6.2
Items sold by bankruptcy estates and other sellers mentioned in section 5.2 shall also be sold without registered encumbrances but may include any non-registered obligations or other limited rights the Seller may have in the item. Unless otherwise stated, such sellers do not have information about others having non-registered obligations or other limited rights in the item. Any outstanding fees and charges on the item are also the Buyer’s responsibility and are in addition to the total sum (defined in section 9.2) for sales from the aforementioned Seller.
6.3
If the item has registered encumbrances and the Seller is responsible for the deletion of these, the buyer must be aware that in some cases, deletion of encumbrances cannot take place until after the item is sold, for example, to prevent registered liens from being imposed during the sale period. Deletion of encumbrances typically takes 1-4 weeks and is carried out by the Seller (or by ATS Auction on behalf of the Seller, by agreement with the Seller). For questions regarding liens/encumbrances, please email post@ATSAuksjon.no.
6.4
Any EU approval and/or annual inspection of motor vehicles or other necessary permits for taking over or using the item is the Buyer’s responsibility unless otherwise stated by the Seller.
6.5
If the item includes or contains computers and/or other storage media, the item shall be delivered with a wiped hard drive and without an operating system. If the Buyer nevertheless finds data that has not been deleted, they must immediately delete this data. The Buyer may not use this data in any way. Illegal use of such data may result in liability for damages and criminal charges against the Seller and other parties affected. ATS Auction is not responsible for ensuring data is deleted or for deleting any discovered data.
6.6
It is the seller’s responsibility to ensure the removal of the tachograph in motor vehicles equipped with one. Additionally, the seller is responsible for canceling toll tags and other agreements associated with the motor vehicle (GPS subscriptions, etc.). If the motor vehicle has decals that the buyer wishes to have removed, this is solely the seller’s responsibility if such an agreement has been made.
7. Auction Rules
7.1
The Seller may not place bids on items they are offering or instruct others to place bids on such items. It is also prohibited to engage in collusion that restricts competition (see Section 10 of the Competition Act). False bidding, attempted fraud, document forgery, and other criminal activities may/will be reported to the police.
7.2
When the Seller creates an auction listing, all auction listings will start at NOK 1.
7.3
When the Seller creates an auction listing, they must specify the lowest amount they are willing to accept for the item, excluding any applicable VAT (Minimum Price). The Seller is obligated to sell at the Minimum Price. The Seller may also choose to accept bids below the Minimum Price. The Minimum Price will not be displayed in the published auction listing until it is met. Bids are binding even if the Minimum Price has not been reached, and the sale may proceed if the Seller accepts a bid below the minimum price.
7.4
Each auction listing has a defined bidding period with a start and end time (Bidding Period). If a bid is registered within the last minutes of the Bidding Period, the Bidding Period will be automatically extended by a specified number of minutes from the last bid received. The number of minutes added is specified in each auction. Only bids submitted within the Bidding Period will be registered.
7.5
In case of technical issues, ATS Auction may unilaterally extend the Bidding Period. The Seller and bidders will be notified by email in the event of such an extension.
7.6
All auctions have a predefined minimum bid increment. A new bid must always be at least equal to the highest existing bid plus the minimum allowable bid increment to be registered.
7.8
A bid becomes binding when it is registered on the website or otherwise received by ATS Auction. This applies regardless of whether the bid was placed by the account holder on "My Page" or another person (see also section 3.4 regarding the obligation to securely store usernames and passwords). A registered bid cannot be deleted by the bidder.
7.9
Aside from the final price of the item, which is determined through the auction, the purchase agreement is considered final when the buyer accepts the item "as is" at the location where it is stored. Since the terms of the agreement are completed before the Buyer places a bid, the law on information obligations and the right of withdrawal for distance sales and off-premises sales does not apply. If the buyer chooses to place a bid without inspecting the item and accepting it "as is" on-site, this is at the Buyer's own risk. Therefore, the Buyer cannot make claims against the Seller or ATS Auction due to the lack of inspection of the item, including claims that the purchase agreement is a distance sales contract. See also sections 5.1 and 5.2.
7.10
Any bid is binding from the moment it is placed and remains so until three business days after the Bidding Period ends, or until an earlier time if:
a. A new and higher bid is placed on the website, or
b. The relevant auction is canceled (see section 14).
The bidder with the highest bid when the Bidding Period ends will be notified by ATS Auction on behalf of the Seller.
7.11
ATS Auction is not liable for lost bids. This includes instances where bids are not received due to failure of network connections, technical difficulties, or other technical reasons, regardless of whether the issue is due to the user's equipment, the user's internet connection, or ATS Auction's network.
7.12
The Seller is responsible for ensuring that the item is described in the auction listing. If the Seller provides incorrect information that the Buyer should not have discovered through their own inspection, the Buyer may claim that the information provided was incorrect and request a refund of the purchase amount. However, any claim must be made against the Seller, not ATS Auction. In cases where ATS Auction has acted as a Seller, see section 17.13.
7.13 Binding Purchase Agreement
A binding agreement for the transfer of the item is entered into between the Seller and the Buyer when ATS Auction, on behalf of the Seller, accepts the bid from the bidder (see section 7.11). This applies regardless of whether the Contract Document is signed (see section 7.13).
The Seller is responsible for ensuring that the correct minimum price is entered in the auction listing. If the Buyer, due to a technical failure or human error, receives acceptance for a bid below the minimum price from ATS Auction, the acceptance is not binding for either party. Such errors do not entitle the Seller or the Buyer to compensation for direct or indirect losses.
7.14 Contract Document
The Contract Document is easily accessible documentation of the purchase agreement that ATS Auction sends to the Buyer for signature on behalf of the Seller ("Contract Document"). The purchase agreement, including the auction listing and terms, will be included in the Contract Document. Terms agreed upon between the Buyer and Seller (including information about the item) are part of the purchase agreement, even if they are not included in the Contract Document. The purpose of the Contract Document is to provide the parties with simple documentation of the purchase, but the binding agreement is already established according to section 7.12, regardless of the signing of the Contract Document.
7.15 Buyer's Signing of the Contract Document
The Buyer must sign the Contract Document and return it to ATS Auction as soon as possible, and no later than three business days after receiving it. Even if the signed Contract Document is not received from the Buyer, ATS Auction may, if the Total Amount (defined in section 9.2) has been paid, issue the Delivery Receipt (defined in section 11.1) and complete the transaction in accordance with the terms. If the Buyer does not return the signed Contract Document, the Seller may refuse to hand over the item at the Buyer's expense, even if the Total Amount has been paid. ATS Auction is not obligated to remind the Buyer to sign the Contract Document.
7.16
When ATS Auction sends the Contract Document to the Buyer, it will also send the payment information for the Buyer's payment of the Total Amount (defined in section 9.2) to ATS Auction's account. ATS Auction cannot use the amount until there is a basis for payment according to section 12.4, refund according to section 12.7, or partial payment/refund according to section 12.8.
7.17
All bids placed are registered by ATS Auction in a bid log that contains all the bids and the identification of the bidders. ATS Auction may share the bid log with the Seller, Buyer, or other bidders. When the Delivery Receipt is sent to the Buyer (see section 11), ATS Auction may also send the bid log for the relevant auction to the Buyer. All bidders are anonymized in accordance with GDPR.
8. Compensation to ATS Auction
8.1
For the Seller's use of ATS Auction's services, the Seller must pay a fee to ATS Auction ("Seller's Fee") when a purchase agreement is entered into (see section 7.12). The amount of the Seller's Fee is specified in the current price list published on the website, unless otherwise specifically agreed between the Seller and ATS Auction. ATS Auction's claim for the Seller's Fee is independent of whether the Buyer or Seller fulfills the purchase agreement.
8.2
The Seller's Fee will be deducted from the purchase price by ATS Auction before the remaining amount is paid to the Seller.
8.3
In addition to 8.1, the Seller must pay the Seller's Fee to ATS Auction if a binding bid that exceeds the Minimum Price is made, but the purchase agreement is not entered into or completed due to the Seller's circumstances. The Seller must pay both the Seller's Fee and the Buyer's Auction Fee to ATS Auction in cases described in section 4.7 (the item is sold outside the website during the binding period) and section 12.9 (refund to the Buyer due to Seller's default).
8.4
For the Buyer's use of services, the Buyer must pay an auction fee to ATS Auction ("Buyer's Auction Fee") when an item is purchased. The amount of the Buyer's Auction Fee is specified in the current price list published on the website and in the individual auction listing. The Buyer's Auction Fee is payable in addition to the purchase price of the item. ATS Auction's claim for the Buyer's Auction Fee is independent of whether the Buyer or Seller fulfills the purchase agreement.
8.5
The Buyer's Auction Fee is due for payment to ATS Auction's account at the same time as the purchase price (see section 10.2). The Buyer's Auction Fee will not be released from ATS Auction's account until there is a basis for payment according to section 12.4, refund according to section 12.7, or partial payment/refund according to section 12.8.
8.6
For payments to ATS Auction in the event of Buyer's default, see section 15.2 (storage fee) and section 15.4 (breach fee).
9. Purchase Price, Total Amount, and Additional Costs
9.1
Costs and fees are added to the bid amount you have placed. You will see the purchase price before you confirm the bid on the website. Note that only the bid amount is shown on the website, not the full purchase price with all costs included.
9.2
The Total Amount is the total amount the Buyer must pay to ATS Auction. This includes the purchase price and the Buyer's Auction Fee. Additionally, it may include other agreed costs between the Buyer, Seller, and ATS Auction.
9.3
If the item needs to be shipped to the Buyer, the Buyer must pay for the shipping in addition to the Total Amount, unless otherwise agreed. Any public fees and charges, such as registration fees, must also be paid by the Buyer in addition to the Total Amount, unless otherwise agreed. Note that these additional costs are normally to be paid directly to the Seller or relevant authorities, not through ATS Auction, unless otherwise agreed.
9.4
When selling items abroad, the buyer is obligated to obtain the correct documents and provide EUR1 documents for export. ATS Auction can obtain the necessary documentation for the buyer at a fixed fee of NOK 5,000.
ATS Auction is not responsible if the buyer places a bid on an item for which documents cannot be produced. The bid remains binding. The buyer must arrange transportation and transit documents through a freight forwarder for the opening and closing of the transit. The buyer is responsible for covering the costs and is solely responsible for arranging and paying for transportation. All costs must be paid in full by the buyer before the item can be released.
All purchases are made in NOK and are subject to VAT for taxable goods. The buyer is solely responsible for applying for VAT/Sales tax refunds from the Norwegian authorities.
10. Payment of the Total Amount
10.1
When the Buyer receives the Contract Document from ATS Auction, the Buyer will also receive payment information to pay the Total Amount to ATS Auction's account. ATS Auction cannot use the funds until certain conditions are met.
10.2
The Total Amount must be paid within 3 business days after receiving the payment information from ATS Auction. Adherence to the payment deadline is important for the Seller to receive the purchase price on time.
10.3
If the Buyer does not pay the Total Amount on time, it is considered a material breach of the purchase agreement (see also section 15 on the Buyer's default).
10.4
The Buyer may not use the purchase price to cover any other claims they have against the Seller.
11. Release Certificate and Delivery of the Item from Seller to Buyer
11.1
Release Certificate: ATS Auction issues a release certificate when the total amount has been received in their account. This serves as confirmation that payment has been received. Delivery of the item can only occur after the release certificate has been issued.
11.2
Typically, the Buyer is responsible for picking up the Item. If the Item needs to be shipped, the Buyer and Seller must agree on the delivery method.
11.3
If the Buyer picks up the item themselves, this usually takes place at the location specified in the auction listing, unless the Buyer and Seller have agreed on a different location.
11.4
If the item is to be shipped, it is usually sent as cash on delivery (shipping costs are paid upon delivery) with a tracking number to the address provided, unless otherwise agreed between the Buyer and Seller. The Seller must ensure that the item is properly transported.
11.5
The Buyer must pick up the item or arrange for delivery no later than five business days after the release certificate is issued, unless the Buyer and Seller have agreed on a different delivery deadline.
11.6
When the Buyer picks up the item, it becomes the Buyer’s responsibility upon handover. If the item is shipped, it becomes the Buyer’s responsibility when it is handed over to the carrier. If the Buyer does not pick up the item within the agreed time, it also becomes the Buyer’s responsibility.
11.7
The Seller and Buyer are obligated to sign any documentation required for the transfer of ownership and provide necessary documentation related to the purchase.
11.8
If the Buyer uses a carrier or representative to pick up the item, responsibility transfers to the Buyer when the item is delivered to them. The same terms apply to the Buyer when they use a carrier or representative.
12. Receipt Confirmation, Payment, and Refunds
12.1
Receipt Confirmation:
When you receive the item in the agreed condition, you must sign a release certificate called "Receipt Confirmation." Both you and the seller can send this confirmation to ATS Auction.
12.2
Payment:
When certain conditions are met (referred to as the "Payment Basis"), ATS Auction will perform the following actions called "Payment": a. Pay the Seller the purchase price, after deducting the Seller’s fee. b. Release your auction fee to ATS Auction. c. Pay any additional costs that are to be paid through ATS Auction unless otherwise agreed.
12.3
Payment or refund does not affect the Seller's and Buyer's contract or contractual rights. The Buyer still has the right to cancel the purchase or claim defects in the Item regardless of the payment.
12.4
Payment Basis occurs in the following cases:
- You have sent a Receipt Confirmation to ATS Auction.
- ATS Auction has contacted you (as specified in section 12.5) regarding a missing Receipt Confirmation, and you have not objected to the payment within a specified period.
- The Seller and you have documentation showing that you agree that the purchase price should be paid to the Seller.
- The Seller and you have a final court order directing the payment of the purchase price to the Seller.
- You request that ATS Auction pay the purchase price to the Seller.
- The Seller can demonstrate that you have received the item according to the contract, and the Seller requests ATS Auction to pay the purchase price to them.
- At least six months have passed since the contract was entered into, you have not reported a dispute to ATS Auction, and the Seller requests ATS Auction to pay the purchase price to them.
12.5
Reminder to You Regarding Missing Receipt Confirmation:
If you have not sent a Receipt Confirmation to ATS Auction within five business days after the release certificate was issued, ATS Auction will take the following actions: If it is not agreed that ATS Auction should deliver the item, ATS Auction will contact the Seller to confirm that the item has been delivered to you. If the Seller confirms the delivery (or if ATS Auction has delivered the item), ATS Auction will inform you that the payment will occur unless you notify otherwise within five business days after ATS Auction has contacted you via email.
12.6
If You Request that Payment Should Not Occur:
If you send an email to ATS Auction before the payment and request that it not be made (in whole or in part), ATS Auction will not process the payment until there is a payment basis or a reason for a refund.
12.7
If payment has not already been made, ATS Auction will refund the entire total amount to you if:
- The Seller and Buyer have documentation showing that you agree that a refund should occur.
- The Seller and Buyer have a final court order directing a refund.
- The Seller instructs ATS Auction to refund (for example, in cases where the contract is canceled).
- The Buyer can demonstrate, based on ATS Auction’s assessment, that the Seller is not entitled to the purchase price, and the Buyer instructs ATS Auction to refund.
12.8
The same rules regarding payment, payment basis, and refund apply if only parts of the purchase price are to be paid to the Seller and parts refunded to the Buyer (for example, in the case of a price reduction). Any fees to ATS Auction and the auction fee are calculated from the original purchase price, even if only parts are to be paid or refunded. The Buyer and Seller are still responsible for fees to ATS Auction.
12.9
If it becomes necessary to refund the entire total amount to the Buyer due to the Seller's default, the Seller must pay the Buyer's auction fee to ATS Auction, in addition to the Seller's fee. These fees must be paid simultaneously with the refund to the Buyer or deducted from the refund amount.
12.10
The Buyer and Seller understand that ATS Auction must make decisions regarding payment/refund based on documentation and communication submitted by the Seller and Buyer. ATS Auction is not responsible for verifying the authenticity of documents or signatures. If ATS Auction has reason to believe a document is fraudulent, they may delay payment/refund. The Seller and Buyer must also notify ATS Auction in a timely manner, or incorrect payment/refund may not be reversible to the Seller and/or Buyer.
12.11
All interest earned on the settlement account with ATS Auction accrues to ATS Auction.
12.12
If a dispute arises between the Buyer and Seller regarding payment/refund under these terms, the Buyer and Seller must resolve the dispute without involving ATS Auction. If the Seller and Buyer still involve ATS Auction in a dispute, the Buyer and Seller must indemnify ATS Auction for any costs or losses incurred as a result.
13. Seller’s Power of Attorney to the Auction
13.1
The Seller gives ATS Auction power of attorney to represent them in ATS Auction/The Website. This includes displaying the item on behalf of the seller, handling bids, and signing the contract document. ATS Auction mediates the sale for the seller during the sales process.
14. Cancellation of Auctions
14.1
The Seller cannot cancel a published auction themselves.
14.2
ATS Auction may cancel an auction if they deem it necessary due to changes in the auction listing, errors, and/or technical issues. The auction may also be canceled in case of suspected manipulation during the bidding process or breach of this agreement.
14.3
ATS Auction will inform the Seller and Bidders of the cancellation.
14.4
No one can claim compensation from ATS Auction for the cancellation of an auction.
15. Default by the Buyer
15.1
If the Buyer fails to make payment on time, the Buyer must pay the late payment interest as stipulated by law. This applies from the day after the due date (see section 10.2) until payment is made. If the Buyer fails to pay the full purchase price within three business days after the due date, it is considered a serious breach of the agreement, and the Seller may choose to terminate the agreement. The Seller also has certain rights under the law, as described in the Sale of Goods Act § 54 (4) and the Consumer Purchase Act § 45 (3).
15.2
If the item is still at ATS Auction and/or the Seller's location and is not picked up by the end of the delivery period, ATS Auction may charge the Buyer storage fees for holding the item. The storage fee is at least NOK 350 per day for vehicles and at least NOK 100 per day for other items, depending on the size of the item. If the Buyer does not pick up the item within 14 days after the delivery period ends, it is considered a serious breach of the purchase agreement, and the Seller may choose to terminate the agreement. The same applies if storage costs exceed the purchase price.
15.3
If the Buyer breaches the purchase agreement, the Seller, in addition to the rights mentioned in the agreement (Terms), may also use other rights available under the law (Sale of Goods Act/Consumer Purchase Act). If the agreement is terminated and the item is resold at a lower price, the Buyer must compensate the Seller for any financial loss, including the shortfall. The Seller must keep ATS Auction informed about the termination or continuation of the agreement.
15.4
If the Seller terminates the agreement due to the Buyer’s breach, the Buyer must pay a standardized breach fee to ATS Auction. Payment of the breach fee does not affect the relationship between the Buyer and Seller or their rights under the agreement. The breach fee is 10% of the purchase price, but with a minimum of NOK 5,000 and a maximum of NOK 50,000. Users required to pay a breach fee will be blocked from the website until payment is made. Additionally, ATS Auction's rights as described in section 3.8 (User Exclusion. Closure of My Page) apply
16. Defective Item
Complaints are handled between the Buyer and Seller and governed by the purchase agreement and the law (Sale of Goods Act/Consumer Purchase Act). ATS Auction is not involved in complaints, but the Buyer may inform ATS Auction of a complaint (see also section 12.6). If ATS Auction is notified of a complaint before a payment has been made (see section 12.2), ATS Auction will withhold the total amount until there is a basis for payment (see section 12.4), refund (see section 12.7), or partial payment/refund (see section 12.8).
ATS Auction acts only as an intermediary/facilitator and is not jointly responsible with the Seller, according to the Consumer Purchase Act § 1. This means that ATS Auction is not involved in the liability for defects under either the Sale of Goods Act or the Consumer Purchase Act.
17. Processing of Personal Data
ATS Auction has the right to process users' personal data to the extent necessary to fulfill the terms and purchase agreement. Users accept the processing of personal data as described in ATS Auction’s privacy policy, which can be found on the website.
18. General Liability and Compensation Limitations for ATS Auction/ATS Norway AS
18.1
This section (section 18) pertains to ATS Auction's role as a service provider according to the terms, and not ATS Auction's potential liability as a seller in exceptional cases where ATS Auction itself is the seller (see section 2).
18.2
ATS Auction’s services only cover what you see on the website at the moment you use it ("as is" basis). No claims can be made against ATS Auction due to data errors, downtime, technical issues, data loss, or other technical problems on the website.
18.3
In addition to the liability limitations already present in the terms, it is important to note the following:
ATS Auction is not part of the actual purchase agreement or any other agreements between Buyer and Seller (see section 2). ATS Auction is not responsible for breaches of the purchase agreement by the Seller or Buyer, or losses arising from the content or performance of the purchase agreement (including auction listings). Unless otherwise required by mandatory law, the Buyer and Seller waive any claims against ATS Auction/ATS Norway AS, its representatives, and employees that may arise in connection with any sale via the website, including (but not limited to) claims related to item descriptions.
ATS Auction is not liable for any losses that users or others may suffer due to the use of ATS Auction’s services, auctions on the website (e.g., bids not being accepted or recorded, or transactions not being completed), or other actions by ATS Auction. ATS Auction is also not responsible for incorrect decisions or misunderstandings of laws or the purchase agreement/terms leading to misuse or errors in the total amount from ATS Auction’s side. In all cases, ATS Auction is not liable for indirect losses, consequential damages, or losses, including loss of data, income, profit, revenue, turnover, or other financial losses, regardless of how the damage or loss occurs (whether due to negligence, breach of contract, operational disruption, or otherwise).
18.4
In addition to other indemnity claims in the terms, users must indemnify ATS Auction for any costs or losses ATS Auction may incur as a result of being involved in a dispute between Users or others, including disputes related to claims for payment/refund of the purchase price/total amount under sections 12.4 or 12.7 (see also section 12.11).
19. Relationship to Law and Mandatory Legislation
19.1
The Sale of Goods Act/Consumer Purchase Act supplements the purchase agreement: In addition to the terms, the Sale of Goods Act/Consumer Purchase Act (depending on which law applies) applies to the Buyer and Seller, unless the purchase agreement (including the terms) explicitly provides otherwise. The Sale of Goods Act/Consumer Purchase Act will help interpret and supplement the terms, especially concerning breaches and remedies, unless otherwise stated in the terms.
19.2
Mandatory law prevails over terms in case of conflict: If there is a conflict between the terms and mandatory law, the law will take precedence over the terms.
20. Governing Law, Jurisdiction, and Complaint Procedures
20.1
The purchase agreement and terms are governed by Norwegian law. For disputes where ATS Auction/ATS Norway is a party, the venue is Trøndelag District Court.
20.2
Complaint Procedures: If you have a dispute about the purchase as a consumer, the Consumer Council (www.forbrukerradet.no) can handle the case as a complaint body.