Terms and Conditions
AGREEMENT ON GENERAL TERMS REGARDING AUCTION OF HORSES AND OBJECTS WITHIN THE FRAMEWORK OF TR MEDIA’S MEDIATION SERVICE TR AUCTION
Contents
- Subject of the Agreement
- Definitions
- Relationship between Participants under the Agreement
- The Brokering Service
- Terms and conditions relating to the Brokering Service
- Rules relating to sales through the Brokering Service
- Detailed information on the Auction
- Fees and commission related to the Brokering Service
- Payment terms
- Further information on the relationship between the Parties and the terms and
conditions for sales/purchases - Detailed information on Share Horses
- Personal data
- Other
- Force majeure and limitation of liability
- Disputes, contact information, choice of law and courts
Subject of the Agreement
1.1. The purpose of this Agreement is to describe the terms and conditions that apply to
TR Media AB’s (Swedish corp. identity no. 556078-5114) Brokering Service TR Auktion for
Buyers and Sellers who use the Brokering Service, as well as regulate the contractual
relationship between Sellers and Buyers who participate in auctions or sales/purchases on
the Marketplace. This means that the Seller and Buyer are mutually bound by the
agreement terms and conditions of the purchase as set out here, unless they have agreed
otherwise.
Definitions
The Agreement refers to this agreement regarding the terms and conditions for the use of
the Brokering Service, as well as the terms of the contractual relationship between the
involved parties’ (Seller and Buyer) purchase and sale of horses or other items that take
place through the Brokering Service.
The Buyer refers to a natural or legal person who, through the Brokering Service, places
bids on the items up for sale on the Brokering Service.
The Seller refers to a natural or legal person who, through the Brokering Service, puts
items up for sale on the Brokering Service.
The Broker refers to TR Auktion, a part of TR Media AB.
The Party refers to a Buyer or Seller who has entered into an agreement for the sale or
purchase of items through the Brokering Service. However, Party does not refer to the
Broker who provides the Brokering Service.
Item refers to horses or other items that are put up for sale through the Brokering Service,
including Share Horses where special terms and conditions do not apply (see section 11
for further details).
Price list refers to the Broker’s price list for the Brokering Service and other charges that
are applicable at any time. The current price list can be found on the Broker’s website
(www.trauktion.se/sa-funkar-det), and it is incumbent upon the Participants to stay
informed and updated on this of their own accord.
The Brokering Service refers to the service provided by the Broker to Buyers and Sellers
through which Items are purchased and sold at Auction or on the Marketplace.
Marketplace refers to the part of the Brokering Service where Items are advertised for 30
days and sold at a fixed price.
Auction refers to the part of the Brokering Service where Items are sold through an auction
process.
Participant may refer to the Broker or the Parties or other users of the Brokering Service.
Share Horses refers to horses that are owned and/or represented by a third party such as a
Swedish limited partnership or other similar form of joint ownership of horses, or which is
jointly owned or after sale shall be jointly owned by more than one natural and/or legal
person. The sale and purchase of a Share Horse is governed by special terms and
conditions, see section 11 for further information.
Mandatory laws or regulations refers to such mandatory legislation, regardless of country,
that applies at any time to the services and sales/purchases under this Agreement, and
which all Participants undertake to comply with. Mandatory laws or regulations always
have priority in the event that any provisions of this Agreement conflicting with such
mandatory laws or regulations.
3. Relationship between Participants under the Agreement
3.1. The Broker is solely responsible for the Brokering Service and thus is not a party to the
agreement between the Buyer and the Seller of the Item sold through the Brokering
Service. The Broker thus acts solely as an intermediary for the auction and marketplace of
Items. The Broker is not a party to the Buyer and Seller’s contractual relationship to any
other extent than as expressly stated in this Agreement.
3.2. The Broker does not own the Items offered for sale through the Brokering Service.
3.3. The Broker’s role ends once the invoicing documentation for the sale has been
arranged for, or – in case the Broker provides invoicing of the sale – when invoice has
been sent.
3.4. Disputes relating to a purchase agreement between the Parties shall be resolved by
the Parties themselves. The Parties accept that any claims relating to the purchase
agreement cannot be directed against the Broker, who is outside of such an agreement.
The Broker also cannot be an arbitrator in any such dispute.
3.5. The Broker is not responsible for the Items offered for sale through the Brokering
Service. This means that the Parties are solely responsible for the information published,
including, but not limited to, the Parties’ personal data, the condition of the Item, the Item
description, the Buyer’s payment options, etc. Furthermore, it is the responsibility of the
Buyer to examine the Item up for sale as necessary. The Broker does not carry out any such
examination and does not store or look after Items under any circumstances. The Broker
also does not carry out valuations of Items before publication.
3.6. It is the responsibility of the Seller to comply with mandatory laws or regulations to
the extent required in addition to what described in this Agreement (for example with
non-exclusive mandatory regulations in the Swedish Distance Contracts Act or similar
applicable legislation abroad). The Seller acknowledges that potential Buyers may be
consumers from different countries. It is also incumbent upon the Parties to take
responsibility for all tax-related consequences of the contractual relationship between
them, for example regarding VAT. The Broker is wholly free of liability in this regard and
cannot be held responsible by either the Buyer or the Seller.
4. The Mediation Service
4.1. The Broker is responsible for the Brokering Service. The Broker works to ensure that
the Brokering Service works without issue and without inconvenience for Participants
using the Brokering Service.
4.2. The Broker does not make any guarantee that the Brokering Service will in all
circumstances and conditions function in accordance with section 4.1 above. This includes,
but is not limited to, reservations for any disruptions in operations, unplanned
maintenance and similar events. The Broker has the right to rearrange or cancel an
ongoing Auction without being liable for any direct or indirect losses.
4.3. The Broker is not liable for such direct or indirect losses that Participants may suffer as
a result of the use of the Brokering Service. Direct and indirect losses refers, among other
things, to such losses that the Participant considers that it has suffered as a result of not
having the opportunity to submit a bid on a specific occasion.
4.4. That which is stated in sections 4.1.-4.3. above does not affect such liability that
results from mandatory laws or regulations which apply to the Broker. That which is stated
in sections 4.1.-4.3. above also does not affect such liability that results from wilful or
grossly negligent conduct by the Broker.
5. Terms and conditions relating to the Brokering Service
5.1. Participants wanting to use the Brokering Service must be at least 18 years of age and
create an account with TR Media AB and consent to the Agreement. Only traders may use
the Brokering Service for sales through the Auction. Other Participants, i.e. bidders/Buyers
or Sellers/Buyers on the Marketplace, can be both traders and private individuals.
Participants must not be without legal capacity or otherwise be unsuitable for a user
account for the Brokering Service.
5.2. Participants are responsible for the information they provide to create a user account
being accurate and are obliged to update their information as necessary.
5.3. Participants cannot use the Brokering Service without having approved of this
Agreement through BankID in Sweden or equivalent services abroad.
5.4. For legal persons that are users of the Brokering Service, it is necessary for a corporate
identity number to be registered and that this Agreement, as well as the terms and
conditions, are approved by an authorised representative of the legal person. Legal
persons must verify this authority in accordance with instructions from the Broker.
5.5. The user account is personal to the specified Participant, and they may not hold more
than one user account, create an account in someone else’s name or transfer a user
account. It is incumbent upon the Participant to ensure that others do not use their user
account to access the Brokering Service, and the Participant is liable to the Broker and
other Participants for all actions made when using their user account.
5.6. Only the actual owner of the Item has the right to use the Brokering Service to make
sales. The Seller is liable to the other Participants for ensuring that the Item is actually the
property of the Seller, that they are free from handicaps and that they are not subject to
any coercive or safety measures.
5.7. The Broker reserves the right to, at any point, remove information or cancel the sale of
the Item, as well as take the necessary measures to prevent the further dissemination of
information, which in the view of the Broker is inappropriate or can be regarded as being
in conflict with this Agreement, applicable legislation, including animal husbandry
regulations or good practice. The Broker also reserves the right to disclose information to
comply with applicable legislation or decisions from public authorities. However, this does
not mean there is any obligation for the Broker to carry out investigations.
5.8. If the Participant acts contrary to the above or other applicable terms and conditions
for the use of the Brokering Service and registration of the user account under this
Agreement, the Broker has the right to immediately close the user account and refuse use
of the Brokering Service, including removal from ongoing auctions and/or removal of bids
placed. The Broker also has the right to terminate this Agreement immediately and
demand compensation for any damages caused to the Broker by the Participant’s breach of
contract.
6. Rules relating to sales through the Brokering Service
6.1. When selling at Auction, applicable starting price is determined by the Broker and
specified at www.trauktion.se/sa-funkar-det.
6.2. Sales shall be made to the bidder that placed the highest bid (Buyer).
6.3. The Seller may, when making a sale at Auction, choose to have Items that do not sell
placed automatically on Marketplace for 30 days free-of-charge at the price stated by the
Seller when ordering.
6.4. The Broker is not liable for Items getting sold, either at Auction or on Marketplace.
6.5. The Seller undertakes to not sell Items in any other manner than through the
Brokering Service during the time the Item is published for sale through said service.
However, the Seller has the right to cancel the sale at any point before the Auction begins
or, when selling through Marketplace, before a purchase has been made. Fees for
cancelled sales are regulated by the Broker’s currently applicable price list.
6.6 Sellers outside the European Union (EU) undertake to refrain from selling Items located
within the EU through the Brokering Service. Seller shall compensate the Broker for all
damages, direct or indirect, that arise from breach of this provision, such as (but not
limited to) taxes or other surcharges due to the Broker´s role in such a sale.
6.7. Unless otherwise stated, Items that are put up for sale through the Brokering Service
are always sold as is. The Seller is obliged to provide the following before publishing an
advertisement:
a) For horses: Independent veterinary certificate, no older than seven days. In the event of
a pregnancy, this must be confirmed with a pregnancy certificate.
b) For shares in stallions: Copy of the share contract with the share number.
c) For Share Horses: The special terms and conditions which apply to the form of
ownership, such as articles of partnership and any supplementary agreements or joint
ownership agreements/other terms and conditions for share ownership, as well as
information on fees and other matters for the Buyer.
6.8. Horses that are put up for sale on the Brokering Service must be vaccinated in
accordance with the current, relevant equine and country vaccination regulations.
7. Detailed information on the Auction
7.1. Auctions are carried out digitally on the Broker’s website, and physically at the
Broker’s premises at Köpsvängen 26, 168 67 Bromma, Sweden, unless other location is
specified in connection with the Auction in question in which case this applies instead. As
such, bids for Items published on the Brokering Service can be made both digitally and
physically at the specified location. Bids from bidders that participate physically are
registered by the Broker.
7.2. The Auction begins and ends at the time stated on the Brokering Service. The
publication of Items before the Auction shall occur in accordance with what is stated on
the Brokering Service.
7.3. Submitted bids are binding. This means that it is not possible to withdraw a bid. The
Buyer is the bidder who made the highest bid. This bidder thereby automatically entered
into a binding agreement with the Seller at the end of the auction for the purchase of the
relevant Item, the purchase of which is also regulated by this Agreement, unless otherwise
agreed between the Parties.
7.4. Only offers that are made through the Brokering Service digitally or physically at the
specified location in accordance with section 7.1 above are valid. Bids made in any other
manner are invalid.
7.5. The relevant bid range is published on the Brokering Service both digitally and in the
auction hall.
7.6. For each individual Auction, a preliminary end time is provided. As such, the end time
for each individual auction is dynamic to the degree that it is adjusted based on the
incoming bids. The bidding period is extended after each new bid is placed in accordance
with the decisions of the Broker.
7.7. Once the end time for the Item has passed, which is published on the Brokering
Service, an automatically binding purchase between the Seller and the Buyer who made
the most recent bid arises.
7.8. Should two equal bids be placed, the winning bid is regarded as the one which was
placed first. The Broker has the right to decide which bid is regarded as the most recent
bid and thus the winner.
7.9. The Seller may participate in the bidding for their own Item, as long as this done
through the Seller’s own account. In the event of bidding ending with the Seller
themselves having made the highest bid, and the Item is thus recalled, a recall fee shall be
paid in accordance with section 8. Manipulating the bidding through proxies or any other
manner than the Seller making the bids themselves is not permitted. The Broker has the
right to discount bids the Broker determines are not serious or otherwise run contrary to
the rules.
7.10. The Broker is responsible for informing the Seller and Buyer that a purchase
agreement has been concluded. Such notification shall be sent to the respective Parties by
email to the address registered with the Brokering Service. However, the absence of such
notification does not mean a binding purchase has not been made under this Agreement.
8. Fees and commission related to the Brokering Service
8.1. To use the Brokering Service, the Participant is required to pay a registration fee per
Item in accordance with the Broker’s currently applicable price list and terms of payment.
8.2. Fees applicable in case of withdrawal of Item before Auction is specified in the
Broker´s currently applicable price list.
8.3. Commission at Auctions is paid as an auction commission or recall fee. On
Marketplace, no commission is paid except for the registration fee.
8.4. Auction commission refers to the commission on the sale price excluding VAT. The
auction commission is stated on the Broker’s currently applicable price list (sales
commission and brokerage fees). VAT will be added at the applicable rate to the stated
auction commission.
8.5. Recall fee refers to commission for recalled Items in the event of the Seller
themselves having made the highest bid. The Seller shall then pay the recall fee instead of
the auction commission, in accordance with the Broker’s currently applicable price list. VAT
will be added at the applicable rate to the stated recall fee.
8.6. Fees and commission provided in the Broker’s currently applicable price list may be
adjusted by the Broker with immediate effect. Buyers and Sellers are obliged to inform
themselves about the current fees at www.trauktion.se/sa-funkar-det.
9. Payment terms
9.1. The auction commission and recall fee shall be paid immediately after the end of the
bidding in accordance with the Broker´s currently applicable invoicing routines and
conditions specified at www.trauktion.se/sa-funkar-det.
9.2. The Broker undertakes to, after the end of the Auction in which the sale took place,
immediately notify the Parties that the Agreement has come to an end, and to immediately
arrange for invoicing or send the Seller invoicing documentation, according to the Broker´s
currently applicable terms. It is the responsibility of the Seller to observe applicable tax
rules for EU sales and exports in the event that the Buyer is domiciled abroad. The Broker
takes no responsibility for tax-related issues in the invoicing, but only acts as an
intermediary in this regard.
9.3. The Broker’s right to commission and fees in accordance with section 8, the provisions
of this section and currently applicable terms specified on the webpage
(www.trauktion.se/sa-funkar-det) apply regardless of whether the purchase is completed or
not, as well as in case of return of purchase. The Broker’s role is complete once the
invoicing documentation has been sent or invoicing arranged, as specified in section 3.3
above.
10. Further information on the relationship between the Parties and the terms and
conditions for sales/purchases
General information
10.1. As stated in section 7 above, a binding agreement on the purchase of Items arises
between the Seller and the Buyer who made the highest bid at the end of the auction. For
sales made on the Marketplace, a binding agreement for the purchase of Items arises
between the Seller and the Buyer upon the submission of a purchase offer by the Buyer at
the stated price of the Item, or the Parties otherwise agree on the purchase and do not
explicitly remove or state other terms and conditions than those laid out in this
Agreement. This section regulates the purchase between the Parties in the respects not
stated previously, as well as what is laid out in applicable law.
10.2. The Seller has full legal responsibility to the Buyer regarding Items that are put up
for sale on the Brokering Service, including, but not limited to, responsibility for
information and images etc. published on the Brokering Service or otherwise made
available to the Buyer.
10.3. The Broker shall, through Bank-ID in the manner stated in section 5.3 above, check
that the Seller at both Auction and on Marketplace are identified, which also applies to
Buyers at Auction. Otherwise, the Parties themselves are responsible for any further checks
in this regard, which also applies to the Party’s ability to pay, etc. The Broker is not
responsible for the Seller having the right to sell the Item, however the Seller is
responsible for this in a legal respect to the Buyer.
10.4. The Seller is responsible for the transfer of ownership being registered after the
Buyer has paid the purchase sum. The Broker is not subject to any such obligation.
Delivery and payment
10.5. Delivery/collection of Items shall take place no later than ten days after a completed
purchase through the Buyer collecting the Item, unless the Parties agree otherwise. The
collection time shall be arranged with the Seller. The Seller has the right to require
identification from the Buyer for delivery.
10.6. The Seller is not obliged to hand over the Item before full payment has been made. If
the Seller hands over the Item despite that payment has not been made, the Seller alone
bears the risk thereof. Payment shall take place in accordance with the invoice if the Seller
is a trader, unless otherwise agreed. If the Seller is not a trader (which is only applicable to
Marketplace), payment shall be made by bank transfer or other manner agreed by the
Parties.
Ownership, transfer of risk and delays
10.7. Ownership is transferred upon payment. The Seller bears the risk for the Item until
delivery has taken place, even if ownership has been transferred before this point.
However, if there are delays in delivery and/or payment, and this is not due to any
circumstances on the part of the Seller, the Buyer bears the risk for the Item for the time
after the Seller has fulfilled what is expected of them in order for the delivery to take
place.
10.8. Unless otherwise agreed between the Parties, it is the responsibility of the Buyer to
bear all costs relating to the Item that occurs from the fifth day after the day of the
auction, such as (regarding horses) insurance, feed, stable costs, veterinary care and other
necessary costs for the care and housing of the horse and keeping it in good condition.
However, it is the responsibility of the Seller to to take care of the Item (including ensuring
horses remain insured), even for time after the responsibility for costs has been transferred
to the Buyer, until delivery has been made. After transfer of the risk to the Buyer, the Buyer
however bears responsibility for the loss, deterioration or damage to the Item by accident
or any other reason that was not caused by the Seller. It is the responsibility of the Buyer
to keep the horse insured for the time after the delivery, unless otherwise agreed by the
Parties.
10.9. In the event that the Buyer does not collect the Item in time and/or does not pay on
time, and this is not due to any circumstances on the part of the Seller, the Seller has the
right to terminate the agreement if the Buyer does not rectify the situation within three
days of the Seller’s request. An equivalent right applies to the Buyer in the event that the
Seller does not fulfil their responsibilities in order for the delivery of the Item to take place
on time.
Examination and complaints after collection
10.10. Once the Buyer has received the Item, it is their responsibility to carry out a
thorough examination of the Item within 14 days. Thorough examination of horses refers
to veterinary examination and any other examinations that may be necessary when
carrying out a customary thorough examination of the horse in question.
10.11. Complaints regarding defects that are discovered or should have been discovered
during an examination as referred to in section 10.10 shall, in order to be asserted by the
Buyer, take place no later than 14 days after the end of the period specified in section
10.10. Complaints regarding defects in accordance with this provision may only concern a)
insufficient conformance with the information provided before the purchase and which can
be assumed to have affected the purchase, or b) material circumstances that the Seller
failed to inform the Buyer of and which the Seller was aware of or should have been aware
of which the Buyer could reasonably expect to be informed of, or c) a materially worse
condition than the Buyer, with regard to the price and other circumstances, could
reasonable have assumed.
10.12. Once the complaint deadline specified in 10.11 has elapsed, the Buyer may only
claim defects as issues that the Buyer did not discover or could not have discovered during
an examination as referred to in section 10.10 and on the assumption that the conditions
stated in a) – c) in section 10.11 for invoking defects are met and that complaints occur in
reasonable time after the Buyer discovered or should have discovered the defect. However,
the above does not apply if the Seller has acted wilfully or with gross negligence.
10.13. In the event of a return or termination, the Buyer only has the right to recover what
was paid against the return of the Item.
Mandatory laws or regulations
10.14. In the event that the Seller is a trader and the Buyer a consumer, the provisions of
the Swedish Consumer Services Act and Distance Contracts Act or other equivalent
applicable legislation abroad shall also apply. Mandatory regulations take precedence over
what is stated in this Agreement.
10.15. Sellers who are traders are also otherwise aware that the Brokering Service is aimed
at both traders and private individuals, and that the Buyer of the Item can thus be a
consumer from another country, and the Parties are mutually responsible for compliance
with the legislation that is applicable under mandatory laws or regulations, such as,
though not limited to, the Swedish Consumer Sales Act or the Distance Contracts Act or
equivalent applicable legislation abroad. The Broker bears no responsibility for the
consequences of mandatory laws or regulations in this or any other respect, and is only to
be regarded as an intermediary in the contractual relationship for which the Parties
themselves are responsible.
The Distance Contracts Act and right of withdrawal
10.16. The Parties are aware that the right of withdrawal in accordance with the Distance
Contracts Act (The Act on Distance Contracts and Off-Premises Contracts (2005:59)) or
equivalent legislation abroad does not apply to purchases at Auction, as there is no
question of auctions only taking place at distance. For purchases where the right of
withdrawal applies, the Seller is responsible for ensuring that the Buyer receives the
information mandated by the Distance Contracts Act or equivalent applicable legislation
abroad.
10.17. For purchases between traders and consumers that do not occur at Auction, and
where exemptions to the right of withdrawal do not apply in accordance with the Distance
Contracts Act or equivalent applicable legislation abroad, the Buyer has the right of
withdrawal in accordance with said law. The Buyer shall notify the Seller of their
exercising of the right of withdrawal within the withdrawal period that runs for 14 days
from the day the Buyer took receipt of the purchased Item.
10.18. Notice of the right of withdrawal shall be sent to the Seller at the email provided by
them on the Brokering Service. The Buyer can also use the standard form provided on the
Swedish Consumer Agency (Konsumentverket) website, www.konsumentverket.se (or
equivalent abroad). The Buyer shall provide their name, address, contact information,
information on the Item and any other relevant information such as their account number
for a refund, etc.
10.19. After withdrawing from the sale, the Buyer shall, at their own expense, return the
Item to the Seller within 14 days. Returns shall be made immediately and without delay. If
the item in question has been collected by the Buyer, the return shall be made to the same
place. Returns shall not be made through cash on delivery. If the Buyer has not returned
the Item within 14 days from informing the Seller of their exercising the right of
withdrawal, and the Buyer thus has not complied with their obligations under law, the
Buyer shall still be considered as bound by the sale and no refund shall be made.
10.20. The Buyer bears the risk of the Item being damaged or lost and is responsible for
ensuring that the Item is looked after, packaged and otherwise handled in such a manner
that it is not damaged during transport.
10.21. When the Seller has received the Item, the paid purchase sum shall be refunded by
the Seller to the Buyer within 14 days, unless the Item has decreased in value due to the
Buyer having handled it to a greater extent than necessary or because of damages the
Buyer is responsible for. It is the responsibility of the Buyer to inform the Seller of the
account number for the refund, and the stated refund deadline shall be extended by
however long is required for the Seller to be able to provide the refund if this does not
occur.
10.22. The Seller has the right to refuse a new sale of the Item to Buyers who have
exercised their right of withdrawal for the Item in question. Any bids or purchase offers
from such Buyers may be discounted in the event of a new advertisement of the Item.
10.23. If the Broker assesses that the Buyer is abusing the right of withdrawal, for example
by using it to avoid making purchases or otherwise influencing the Seller or other
Participant in a manner deemed unacceptable by the Broker, the Broker reserves the right
to close the Buyer’s account and remove access to the Brokering Service.
Disputes and applicable law
10.24. Swedish law shall apply to the relationship between the Buyer and the Seller,
regardless of where they are domiciled. Disputes shall be settled by a Swedish court.
10.25. Disputes between Sellers and Buyers shall be resolved by the Parties themselves,
and the Broker assumes no responsibility and shall provide no assistance in such
situations.
11. Detailed information on Share Horses
11.1. For purchasing Share Horses, special terms and conditions apply that take
precedence over what is otherwise stated in this Agreement. The purchase of Share Horses
is, legally speaking, a purchase of a share in a limited partnership or similar form of
ownership, or joint ownership in the sale of a share in a horse which is or is intended to be
jointly owned by one or more natural and/or legal persons. When advertising Share Horses
through the Brokering Service, the Seller is obliged to provide the special terms and
conditions which apply to the form of ownership, such as articles of partnership and any
supplementary agreements or joint ownership agreements/other terms and conditions for
share ownership, as well as information on fees and other matters for the Buyer. The Buyer
undertakes to acquaint themselves with and thereby accept the published agreement
terms and conditions for shared ownership in advance.
11.2. The special terms and conditions for Share Horses may apply to, among other things,
requirements that the Buyer be approved as a shareholder, the time of the transfer of
ownership, exemptions from the right of complaint, additional fees for entry to the
shareholder circle, etc. It is of the utmost importance that the Buyer properly acquaints
themselves with the relevant form of ownership before bidding or placing a purchase offer
on the Share Horse. The Buyer is responsible for carrying out their own research into the
form of share ownership in question as they deem necessary in order to enter into a
binding purchase agreement.
11.3. By purchasing a Share Horse through the Brokering Service, the Buyer accepts the
terms and conditions that apply to the relevant Share Horse, which shall be published in
connection with the Item in question. There is no right of withdrawal or other option to
withdraw from the purchase after an offer has been made.
Personal data
12.1. When a Participant registers a user account with TR Media, they confirm that they
have acquainted themselves with the TR Media privacy policy,
https://www.trmedia.se/integritetspolicy..
12.2. The Buyer understands that the name of the Buyer shall be displayed on the
Brokering Service when the winning bid has been announced or the Item has been
returned.
Other
13.1. If any provision of this Agreement is invalid, it shall not apply. This also applies to
parts of such provisions. Other provisions in the Agreement shall continue to apply.
13.2 This Agreement is a translated version of the original Agreement written in Swedish.
When interpreting the Agreement, the Swedish version shall prevail.
13.3. The Broker reserves the right to amend the terms and conditions of the Agreement,
including prices and fees, at any point and with immediate effect. It is the responsibility of
other Participants to remain informed regarding the current Agreement, the current
version of which shall always be available through the Brokering Service.
13.4. In the event of disputes arising regarding the services provided by third parties
through the Brokering Service or another Participant using the service, the relevant
Participant shall not hold the Broker liable for claims and damages, regardless of whether
they are direct or indirect, known or unknown, that arise from such disputes.
13.5. The Broker has the right to transfer agreements entered into between the Broker and
other Participants, including parts or all of the associated rights and obligations, to third
parties. If a transfer does occur, the Broker shall provide information regarding who has
taken over the agreement by email or publication on its website. The transferee has the
right to provide the Brokering Service or similar services on another website. Parties other
than the Broker are not entitled to transfer their rights or obligations under this
Agreement.
14. Force majeure and limitation of liability
14.1. The Buyer, Seller and Broker are exempt from the obligation to fulfil their part of the
Agreement and from paying damages if such commitments cannot be fulfilled or can only
be done at an unreasonably high cost due to a natural disaster, terrorist attack, war,
epidemic, pandemic, strikes, blockade, intervention from a public authority or similar
circumstance, over which they have no control and could not have reasonably avoided or
overcome.
14.2. The Broker is not liable for damages, consequential losses or costs that may be
suffered by other Participants or users of the Brokering Service, regardless of the cause.
The Broker’s liability is limited under all circumstances to the fees paid by the Participant
linked to the Brokering Service, including commission.
Disputes, contact information, choice of law and courts
15.1. In the event of complaints where the affected parties cannot come to an agreement,
consumers domiciled in the EU have the right to refer to the National Board for Consumer
Disputes (ARN), www.arn.se or PO Box 174, 101 23, Stockholm. Consumers can also refer
to the European Commission’s complaints platform found on its website.
15.2. Disputes between the Broker and other Participants shall be settled in accordance
with Swedish law and by Swedish courts. Stockholm District Court shall be the court in the
first instance.
15.3. Contact information for the Broker are as follows:
TR Media AB
Swedish corp. identity no. 556078-5114
PO Box 11139
161 11 Bromma, Sweden
info@trmedia.se
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This Agreement and its associated terms and conditions were created on 11 January 2024.
The most recent version was amended on 30 June 2024.