Seller Agreement

§ 1 Parties

Agent (commission agent):
CCAuktioner, org. no. 5566255849
Länsmansgatan 17, 282 72 Sösdala, Sweden
info@ccauktioner.se · https://ccauktioner.se

Principal (the Seller):
A natural or legal person who consigns items for sale, in accordance with the personal details registered at the time of consignment.

The commission relationship is governed by the Swedish Commission Act (2009:865).

§ 2 Nature of the Agreement

CCAuktioner undertakes, as commission agent acting in its own name but on behalf of the Seller, to sell the items ("the Items") that the Seller consigns for sale. The Seller retains ownership of the Items until they have been sold and payment has been received from the buyer.

Each consigned item constitutes a separate assignment within the framework of this agreement.

§ 3 Consignment and Valuation

• Items must be delivered in person to CCAuktioner's premises during regular opening hours.
• CCAuktioner photographs, describes, and registers the Items. The description and starting price are determined by CCAuktioner in consultation with the Seller.
• A desired minimum acceptable price (reserve price) may be agreed in writing per item at the time of consignment.
• The Seller is responsible for ensuring that all information provided about the Items' condition, origin, age, and ownership is accurate and complete.

§ 4 Ownership and Power of Attorney

• The Seller warrants that they are the lawful owner of all consigned Items and have the full right to sell them.
• The Items are free from pledges, enforcement, mortgage, or any other legal encumbrance that could prevent or restrict a sale.
• The Seller grants CCAuktioner power of attorney to enter into purchase agreements with buyers, receive payment, issue receipts, and take all other steps necessary to carry out the sale.
• The Seller must without delay notify CCAuktioner of any circumstances that may affect the saleability or legal status of an Item arising after consignment.

§ 5 Method of Sale

• Items are sold primarily by auction on ccauktioner.se. With the Seller's approval, items may also be sold at a fixed price in CCAuktioner's shop.
• Auctions run online on ccauktioner.se and close automatically at the stated end time. Buyers may visit CCAuktioner's premises to inspect items before bidding.
• CCAuktioner determines the duration, start time, and bid increments of auctions.
• CCAuktioner reserves the right to withdraw an item from sale if it is deemed to violate the law, pose a risk to third parties, or for any other valid reason.

§ 6 Commission and Fees

• CCAuktioner charges a commission on the final hammer price at the rate individually agreed with the Seller and shown on the consignment receipt.
• Commission is deducted before payment to the Seller.
• A fixed consignment fee may also apply and will be stated on the consignment receipt where applicable.
• If an item is sold below a reserve price that has been agreed without the Seller's approval, commission is calculated on the reserve price.
• No commission is charged if an item is not sold and is collected back by the Seller.

§ 7 Payment to Seller

• The Seller's share (hammer price minus commission and any deductions per §§ 9–10) is paid out after the buyer has made full payment to CCAuktioner.
• Payment is made by bank transfer to the Seller's designated bank account (sort code + account number, or bank giro).
• Payment is normally made within 14 days of CCAuktioner receiving the buyer's payment.
• Hold due to the buyer's right of withdrawal. Under the Swedish Distance Contracts Act (2005:59), buyers have a 14-day right of withdrawal starting the day after receipt of the item. The Seller's payout may therefore be held until the withdrawal window has expired. If the buyer exercises the right of withdrawal, the sale is unwound, no commission is earned on that transaction, and the Item is returned to the Seller or re-listed by agreement. The Seller accepts this arrangement, which follows from the fundamental rule of the Swedish Commission Act (2009:865) §§ 1 and 14 that CCAuktioner is the sole party bound towards the buyer under the contract entered into for the Seller's account; the buyer's statutory rights — including the right of withdrawal under the Distance Contracts Act — may therefore give rise to a delayed or repayable payout to the Seller.
• CCAuktioner is not obliged to advance the amount. If the buyer does not pay, CCAuktioner will contact the Seller for further handling of the matter.
• CCAuktioner has the right to offset any recourse claims against the Seller (§ 8.3) against outstanding payments.
• Client funds. CCAuktioner acts as a commission agent under the Swedish Commission Act (2009:865). CCAuktioner records amounts received from buyers separately in its books as a liability to the Seller until payout has been made or offset under this section has taken place. In the event of CCAuktioner's insolvency, the Commission Act's rules on the Seller's right of separation under Section 23 apply.

§ 8 Unsold Items

• If an item is not sold at the first auction, it may, with the Seller's consent, be re-listed at a lower starting price.
• If the Seller is a business: Unsold items must be collected within 30 days of CCAuktioner's written request. If they are not collected within the stated time, CCAuktioner is entitled to donate them to charity or dispose of them at the Seller's expense without compensation to the Seller.
• If the Seller is a consumer: The Swedish Act (1985:982) on a Business's Right to Sell Unclaimed Property applies. CCAuktioner may sell or donate unsold items only after the Seller has received a written notice in accordance with Section 3 of that Act and a period of at least three months from the notice has expired. Once that period has expired, CCAuktioner shall send a written reminder to the Seller; the sale may take place only after at least one further month from the reminder (Section 4 of the same Act). The sale shall be conducted by public auction or in another suitable manner having regard to the nature and value of the items (Section 5). Any surplus — sale proceeds less CCAuktioner's reasonable fee, auction costs, and other claims — shall be held available for the Seller for three years; thereafter the surplus accrues to CCAuktioner.
• CCAuktioner is not liable for loss or damage to Items caused by force majeure, burglary, fire, flooding, or other events outside CCAuktioner's control.

§ 9 Complaints and the Seller's Liability for Incorrect Information

• CCAuktioner sells Items as commission agent in its own name. Buyer complaints are initially handled by CCAuktioner.
• The Seller is liable to CCAuktioner for any loss arising from the Seller having provided incorrect, misleading, or incomplete information about an Item's condition, origin, authenticity, ownership, or other material properties.
• If CCAuktioner is required to refund buyers, grant price reductions, or compensate buyers due to circumstances for which the Seller is responsible, CCAuktioner has full rights of recourse against the Seller for the full amount plus direct costs (e.g. freight, handling).
• The Seller is obliged to notify CCAuktioner promptly if, after consignment, the Seller becomes aware of circumstances that may affect an Item's legal saleability or condition.

The buyer's right to complain against CCAuktioner (as commission agent/seller) is governed by the Swedish Consumer Sales Act (2022:260). CCAuktioner's auctions are online timed distance contracts and do not constitute a public auction within the meaning of the Act (see e.g. ARN 2014-02631); the defect assessment therefore follows the general rule in Chapter 4, Sections 2–3 of the Consumer Sales Act, taking into account the item's age, the condition stated in the description, and the starting price.

§ 10 Artist Resale Right (Följerätt)

The sale of original works of art may be subject to the artist resale right under the Swedish Copyright Act (1960:729), Chapter 3, Sections 26n–26o. The resale right applies for 70 years after the artist's death.

• The resale right levy is paid by the party selling as a professional dealer — that is, CCAuktioner as commission agent.
• No levy is payable if the sale price is less than one twentieth of the price base amount (prisbasbelopp) applicable at the time of sale (Section 26n). CCAuktioner applies a threshold of 2 960 SEK.
• The levy is calculated on the hammer price according to the following scale:
  

  Amount (EUR)	Rate
  Up to EUR 50,000	5%
  EUR 50,001–200,000	3%
  EUR 200,001–350,000	1%
  EUR 350,001–500,000	0.5%
  Over EUR 500,000	0.25%

  Maximum levy: EUR 12,500 per transaction.
• CCAuktioner is, under Section 26q of the Swedish Copyright Act (1960:729), the party under a statutory obligation to pay the resale right levy. The levy is billed to the buyer as an addition to the hammer price and is then forwarded by CCAuktioner to BUS (Bildupphovsrätt i Sverige) quarterly. Ultimate responsibility for ensuring the levy is paid to BUS rests with CCAuktioner. It does not affect the Seller's payout, which is calculated on the hammer price after commission.
• The Seller is obliged to inform CCAuktioner if a consigned item is an original work of art, and to provide the artist's identity and year of death if known.

§ 11 Tax and DAC7 Reporting

• CCAuktioner is a digital platform subject to EU Directive 2021/514/EU (DAC7), implemented in Swedish law by the Act (2022:1681) on platform operators' collection of certain tax information and the Act (2022:1682) on automatic exchange of information on income through digital platforms. CCAuktioner is required to report data on sellers' transactions to the Swedish Tax Agency (Skatteverket).
• The reporting obligation applies to all Sellers — private individuals as well as businesses (including VAT-margin-scheme traders and limited companies). DAC7 contains no general business exemption. Only Sellers qualifying as "Excluded Sellers" under Chapter 2 § 8 of the Act (2022:1681) — e.g. governmental entities and listed entities — are exempt from reporting.
• De minimis exemption: Sellers who during a calendar year have completed fewer than 30 transactions AND received gross consideration below EUR 2,000 (converted at the ECB reference rate on 31 December) are not reported. Both thresholds must be undercut for the exemption to apply.
• The Seller is obliged to provide accurate details of their personal identity number (personnummer) or company registration number and country of tax residence. Incomplete information may have tax consequences for the Seller.
• The Seller is solely responsible for declaring amounts received in accordance with applicable tax legislation. CCAuktioner does not provide tax advice.
• CCAuktioner will, on request, provide a summary of completed payouts for declaration purposes.

§ 12 Value Added Tax

Sale of consigned Items takes place as a commission assignment under the Swedish Commission Act (2009:865). CCAuktioner acts in its own name on behalf of the Seller and does not own the Items.

• The commission is CCAuktioner's consideration and is subject to 25 % VAT under Chapter 4 § 1 and Chapter 6 § 7 of the Swedish VAT Act (2023:200). VAT is specified on the Seller's settlement note.
• The sale of the goods themselves: Any VAT liability on the Item rests with the Seller. Private individuals normally incur no VAT. VAT-registered businesses report their own output VAT on the sale; VAT margin scheme dealers (Ch. 21–22 VAT Act) apply the margin scheme on their side with pass-through to the buyer.
• The Seller must inform CCAuktioner upon consignment whether the Item is sold in the course of business, whether the margin scheme applies, or whether VAT is to be charged on the goods.
• VMB dealers: If the Seller is a registered VAT margin scheme dealer (Chapter 20 of the Swedish VAT Act), this must be stated on consignment. The Seller's application of the margin scheme does not affect CCAuktioner's VAT on the commission but may affect the buyer's VAT deduction — the buyer is informed via invoice.

§ 13 Personal Data

CCAuktioner processes the Seller's personal data (name, address, personal identity number/company registration number, telephone, email, bank details) as data controller for the following purposes:

• Executing and administering the sales assignment.
• Payment of sales proceeds.
• Accounting (records retained for 7 years in accordance with the Bookkeeping Act).
• DAC7 reporting to the Swedish Tax Agency (statutory obligation).

Further information about personal data processing can be found in CCAuktioner's Privacy Policy. If you believe that the processing of your personal data is incorrect, you have the right to lodge a complaint with the Swedish Authority for Privacy Protection (IMY), www.imy.se.

§ 14 Public Price Archive (final prices for sold Items)

As part of CCAuktioner's operations we maintain a public archive of final prices for sold Items at ccauktioner.se/priser/. The archive shows information about the Item — typically title, category, photo, description, sale date and the final hammer price. No information about the Seller is published — neither name, initials, town, seller ID nor any other identifying information.

Purpose. The archive serves market transparency, historical price documentation, an independent valuation reference for buyers, sellers and third parties, and buyer protection. Publication of final prices is moreover standard industry practice among comparable operators (e.g. Bukowskis, Auctionet, Metropol).

Legal basis. The processing is based on legitimate interest under Article 6(1)(f) GDPR. CCAuktioner has carried out a legitimate-interest assessment (LIA) and concluded that the interest in historical price transparency outweighs the limited privacy intrusion the publication entails — in particular because (i) no seller data is published, (ii) auction prices are already public during the auction itself and the archive is a continuation of that publicity, and (iii) the Seller has a reasonable expectation that the sale price will become lasting market information.

Opt-out before sale. You may choose that an individual Item shall not be included in the price archive by ticking the opt-out box at intake or by changing the setting in the seller portal no later than the auction start date. For Items where opt-out is activated before the auction starts, neither image nor final price is published in the archive.

Objection after sale (Article 21 GDPR). Even after the sale you retain the right to object to publication by contacting info@ccauktioner.se. CCAuktioner will then carry out an individual assessment of whether compelling legitimate grounds for continued publication exist that override your interests, rights and freedoms — or whether the publication is for the establishment, exercise or defence of legal claims. A reply is given within 30 days. If the objection is upheld the Item's entry (including image) is promptly removed from the archive.

Further information on how your personal data is otherwise processed is set out in CCAuktioner's privacy policy, in particular § 7.

§ 15 Limitation of Liability

• CCAuktioner is not liable for damage caused by force majeure, technical outages, fire, theft, or any other event outside CCAuktioner's control.
• CCAuktioner's liability is in all circumstances limited to the final sale price (hammer price) of the individual Item, or to the starting price if the Item was not sold.
• CCAuktioner is not liable for loss of value due to the item's age, normal wear and tear, or circumstances the Seller was aware of but failed to disclose.

§ 16 Term and Withdrawal

• The agreement applies per consigned Item and terminates automatically when the Item has been sold and payment made, or when an unsold Item has been collected back by the Seller.
• The Seller may request the return of an Item free of charge before it has been listed for sale.
• Once an Item has been listed for bidding, it cannot be withdrawn without CCAuktioner's approval. CCAuktioner may charge any costs incurred in connection with such withdrawal.

§ 17 Amendments to Terms

CCAuktioner reserves the right to update these terms. Sellers registered with an email address will be notified of material changes. The latest version of the agreement is always published at ccauktioner.se/saljare-avtal.php. Continued consignment of Items following an amendment constitutes acceptance of the updated terms.

§ 18 Governing Law and Disputes

• This agreement is governed by Swedish law.
• Disputes are resolved in the first instance through direct negotiation between the parties.
• Where both parties are businesses, disputes that cannot be resolved by negotiation may be referred to a Swedish general court, with Kristianstad District Court (Kristianstads tingsrätt) as the court of first instance.
• Where the Seller is a consumer, the forum rules of the Swedish Code of Judicial Procedure (Rättegångsbalken) apply and, in cross-border matters, Articles 17–19 of the Brussels I bis Regulation (EU 1215/2012). A consumer therefore always retains the right to bring proceedings in the courts of their own domicile. A consumer may also refer the matter to the Swedish National Board for Consumer Disputes at arn.se or the EU's Online Dispute Resolution platform at ec.europa.eu/consumers/odr.