When you win an auction, you will receive an invoice from PayEx within 2 business days. The payment deadline is 5 calendar days. Payment can be made via account and registration number or the FIK code on the invoice. Your payment will be registered within 2-3 business days. It is not possible to expedite this process by contacting Klaravik or PayEx or by making an immediate transfer to PayEx. If there are special circumstances requiring expedited processing, please contact our customer service. They can provide a direct account number for an immediate transfer outside of PayEx, subject to Klaravik’s approval.

Late Payment/Non-payment

If the payment deadline of 5 calendar days is not met, Klaravik may choose to cancel the won auction. The bidder’s account will be closed, and an invoice for a cancellation fee will be sent.

The cancellation fee is 15% of the purchase price, with a minimum of DKK 2,350 excluding VAT, or DKK 2,937.50 including VAT.

The buyer agrees that any amounts due will be collected by Klaravik or a collection partner.

The cancellation fee or annulment due to buyer default (e.g., non-payment) does not exempt the buyer from paying the buyer’s fee.

If Klaravik incurs a greater loss than the cancellation fee, and the buyer is liable for the loss under Danish law, Klaravik is entitled to claim such a loss in accordance with Danish legal principles.

In the event of late or non-payment, the buyer is liable for both the cancellation fee and the buyer’s fee, as well as any additional liability under Danish law.

In the event of late or non-payment, the item may be resold in a new auction.

Approval of Sale Items

All auction items on Klaravik are sold on an "as-is" basis. Given that the items are often used, defects and deficiencies may be present.

As a buyer, you are subject to an extensive duty of inspection. This entails that, upon collection, you must thoroughly examine and approve the item's condition relative to the auction materials provided. Typically, physical inspections of items during the auction are not facilitated (exceptions, if any, will be clearly indicated in the auction documentation).

The seller bears no responsibility for defects not identified by the buyer at the time of collection. If you, as the buyer, engage a freight forwarder or representative to collect the item on your behalf, it is deemed approved by you once the item departs from the collection site. Furthermore, the seller is not liable for any defects that manifest after the item has been collected.

All liability for defects in items or property sold through trustees or other compulsory sales is expressly disclaimed.

Collection of Products

Following the conclusion of an auction, the buyer has 15 calendar days to collect the auction item from the date of the auction's closure. It is important to note that specific terms may apply to individual auctions, which will supersede general guidelines.

Before proceeding with collection, the invoice must be confirmed as paid with Klaravik. Upon payment confirmation, you will receive a collection receipt via email containing contact details for the seller. Subsequently, you are required to coordinate with the seller to schedule a suitable collection time. For any inquiries, Klaravik's customer service is available during office hours via phone or email. Unless explicitly stated otherwise, the buyer assumes responsibility for collecting, loading, and, if necessary, dismantling the item.

In the event of non-compliance with collection terms, Klaravik reserves the right to take any of the following actions:

1. Transfer the auction item to a designated Klaravik location. Transfer costs and associated risks will be borne by the buyer, who must arrange payment for retrieval from the Klaravik location.

2. Impose a storage fee of DKK 500 excluding VAT per week commenced per auction item.

3. Dispose of the auction item and seek compensation from the buyer for disposal expenses and related losses.

4. Re-auction the item. Klaravik retains the right to re-list the item for auction. For items with a hammer price below DKK 20,000 excluding VAT, the buyer is not entitled to a refund or compensation. For items exceeding DKK 20,000 excluding VAT, the buyer may participate in the proceeds of a resale, subject to negotiation with Klaravik and considering associated costs. However, the initial DKK 20,000 excluding VAT will be considered unrecoverable.

If the seller is unable to facilitate timely collection within the stipulated 15-day period, the buyer has the right to demand fulfillment or terminate the agreement. The seller is not obliged to fulfill the purchase in cases of insurmountable obstacles or where fulfillment would result in disproportionate sacrifices relative to the buyer's interests. In the event of justified termination, the buyer is entitled to a refund of the amount paid to Klaravik. The buyer must always take reasonable measures to prevent, avoid, or minimize any potential loss or damage.

Neither Klaravik nor the seller assumes responsibility for any deterioration in the condition of auction items due to delayed collection.

Buyers should anticipate that auction items may be sold at attractive prices due to potentially high disposal costs for the seller. Consequently, disposal expenses may exceed the purchase price in certain instances, and the buyer acknowledges and accepts this condition.

EU Sales and Export

 
As a foreign buyer, you are obligated to export the auction item out of Denmark. Upon request by Klaravik, you must also present an export certificate clearly indicating that the auction item has been exported. When transacting on Klaravik, you will always receive an invoice inclusive of VAT unless stated otherwise. It is crucial that you settle the full amount. If your account is registered as a foreign company with a valid VAT number, you may request a VAT refund from Klaravik, provided you can document that the item has physically left Denmark. Private individuals, regardless of their home country, are not eligible for VAT refunds. To have the VAT credited and refunded by Klaravik, you must submit valid export documents to info@klaravik.dk no later than - current month + 30 days after we have registered your payment. VAT refunds are processed once a month in the following month.
When purchasing at auctions and meeting the conditions for VAT refund related to export of the auction item, the VAT will be refunded to the same IBAN from which the purchase amount was paid. You cannot request the VAT refund to be transferred to a different IBAN unless agreed upon by Klaravik. Klaravik may refuse consent without providing a reason or may condition consent upon receiving a statement from the financial institution receiving the payment confirming that the account holder is the same legal entity or person who paid the original purchase amount. Failure to meet the deadline may result in forfeiture of the VAT refund.

Required for EU Sales:
1) Signed buyer statement from Klaravik
2) CMR note stamped by both sender and recipient (if using a freight company)
4) Your company's IBAN and Swift number

Required for Export outside the EU:
1) Customs document
2) Your company's IBAN and Swift number

Right of Withdrawal

As a bidder (business entity) on Klaravik, you do not have a right of withdrawal once you place or win a bid. All bids are binding.

Consumers have a 14-day right of withdrawal according to Danish consumer law. The 14-day withdrawal period starts from the moment the consumer takes possession of the auctioned item.

If you, as a consumer, wish to exercise your right of withdrawal, you must return the item without undue delay and no later than 14 days after taking possession of it. Before returning, you must contact Klaravik at info@klaravik.dk for further instructions on the return process.

The buyer is responsible for the cost of returning the auctioned item after cancelling the purchase. Refunds will be processed within 14 days after you have contacted Klaravik to withdraw your purchase, but not before the auctioned item has been returned. The returned item must be in the same condition as when you received it, meaning it must not be altered, repaired, or damaged beyond its original state.

If you have used the item more than necessary to ascertain its properties or functions (maximum 10 km for vehicles or 1 hour for machinery), you are liable for any decrease in its value. For cars, the depreciation is calculated at 50 DKK (including VAT) per driven kilometer over 10 kilometers. For excavators, tractors, dump trucks, and loaders weighing less than 5,000 kg, depreciation is calculated at 600 DKK (including VAT) per driven hour. For machinery weighing more than 5,000 kg, depreciation is calculated at 1,200 DKK (including VAT) per driven hour. For other machinery and vehicles, depreciation is calculated based on the machine's value, age, and the cost of renting a similar machine.

Notice of withdrawal must be sent to info@klaravik.dk, after which we will advise on the next steps.

Termination of Customer Relationship

Klaravik reserves the right to deactivate a buyer account without further explanation.

Klaravik ensures that all auctions are conducted ethically and that bidders can be confident in the genuineness of other bids placed. Therefore, we may terminate a customer relationship if a pattern emerges indicating that bids placed are not genuine.

Complaints

Any complaints must be reported in writing to info@klaravik.dk Complaints must be made BEFORE the buyer has transported the auction item away from the pickup location. As a buyer, you have an obligation to inspect the auction item upon pickup. Complaints received after pickup will not be accepted.

Klaravik acts solely as a facilitator of the auction item and is not a party to any complaint case. Klaravik may receive complaints regarding liability for defects in the sale items. Klaravik may also facilitate information exchange between buyer and seller to reach an agreement. Klaravik is not a legal representative for either the seller or the buyer.

The product is sold "as is," except for consumer purchases. Only visual inspection has been conducted, along with testing and trial if specified in the individual auction. Testing and trial involve basic functional testing and visual inspection. Comprehensive testing or inspection is not conducted; therefore, there is no guarantee that the auction item meets all specific requirements and technical specifications applicable to the auction item.

In the event that the seller, for any reason, is unable to deliver the auction item, the buyer waives the right to make substitute purchases. The buyer is only entitled to a full refund of the auction bid. Any cancellation of the transaction or price reduction is a matter solely between the seller and the buyer, and thus Klaravik is not involved.

Klaravik or its partners are not liable to the buyer or any third party for loss of data, profit, revenue, earnings, or turnover, regardless of how the damage or loss occurred.

If the buyer and seller agree to cancel a transaction involving an auction item that has already been picked up, the buyer is responsible for the transportation costs associated with returning the item.

Klaravik and the seller must always be informed before any repairs are carried out. Any cost estimates must be approved by Klaravik and the seller in advance. The buyer is not entitled to compensation if repairs are carried out before approval is given.

Due to the auction item sometimes being picked up long after its last use, there is no guarantee of battery capacity/functionality, brakes sticking, electrical faults, or similar issues, including faults directly resulting from the auction item being stationary.

Technical and Typographical Errors

Klaravik reserves the right to errors in printing and typing on the website. It cannot be guaranteed that images accurately represent the items being sold. Klaravik has the right to reject sales throughout the sales process and disregard bids. Klaravik also reserves the right to decide whether bids should be repeated due to technical problems, typographical errors, or other reasons. Klaravik does not accept liability for any damages, consequential damages, or costs incurred by the bidder or the bidder's client due to the above reasons, or if bids have not been registered, problems with the internet, computers, etc.

Sanctioned Countries, Companies, and Individuals

We reserve the right to refuse transactions with countries, companies, and individuals included in the current sanctions list maintained by the Danish Ministry of Foreign Affairs.

Choice of Law and Jurisdiction

Any dispute or claim arising out of or in connection with these terms of purchase or the use of Klaravik's online auctions, including disputes regarding the existence, breach, termination, or invalidity thereof, shall be brought by each party before the ordinary courts of Denmark applying Danish law, except for Danish legal rules that refer to rules other than Danish law. The court of jurisdiction shall be the Holbæk Court unless mandatory Danish law determines otherwise.