1. Application and definitions
The present auction terms and conditions (hereinafter referred to as the "Terms") apply to any sale and purchase through the online auction site www.kapow.eu, (hereinafter referred to as the "Auction Site”), and may only be deviated from on having obtained the written consent of Kapow Auktioner A/S, which owns and manages www.kapow.eu.
As the Seller, you are the one placing an item for sale via the Auction Site and, as the Bidder, you are the one placing a bid for/buying an Auction Item via the Auction Site. The Auction Item(s) is the machine/item offered for sale via the Auction Site.
2. Registration, security and personal data
In order to participate in auctions on the Auction Site, you must create an account. You must be of legal majority and, when you register, you will be asked to enter your CVR Co Reg. No/VAT No, company name, address, telephone number and an email address. It is solely your responsibility to ensure that the information you enter is correct.
The Auction Site verifies your information before activating your account and sends you an email asking you to confirm your email address. If your information is incorrect, we will not be able to create your account.
The purpose of every user thus creating an account is that Kapow wants to provide users with as much security as possible for payment and collection of the Auction Item. Moreover, we need to be able to communicate with our users if a transaction requires this.
Creating an account is free and you are not bound by any membership. Once your account is created and you are registered as a user, you can use the auction options on the Auction Site.
If you no longer wish to have an account on the Auction Site, you can always have it erased, just like you can always contact Kapow Auktioner A/S to gain insight into what personal data we have registered on you. However, data required to comply with other legislation will not be erased.
If you wish to have your account erased or to gain insight into what personal data we have registered on you, please contact email@example.com.
In principle, your data will only be erased if you no longer wish to have an account on the Auction Site. As we only process general personal data, erasing your data after a specified period, based on a factual assessment, is not necessary.
The data controller is the individual holding the post of CEO of Kapow Auktioner A/S from time to time, and only the employees, for whom there is the legal authority, have access to your data.
Your data is only disclosed to our Danish partner Midt Factoring A/S, CVR Co Reg. No 83712619, with whom we have entered into a data processing agreement. Midt Factoring A/S assists with invoicing and collection of auction bids. Apart from this, we neither disclose nor sell your information to third parties.
3. Right of complaint and liability
Pursuant to Section 48 of the Danish Sale of Goods Act, you cannot rely on a claim that an Auction Item suffers from a defect unless the seller has acted fraudulently or the item does not correspond to the designation under which it was sold. All Auction Items are sold as-is and as possibly inspected by you and without any liability to the auctioneer, leasing company, trustee, probate court or Kapow Auktioner A/S.
Any liability in case of fraud or if the object does not correspond to the designation under which it was sold can only be directed at the seller and is, thus, no concern of Kapow Auktioner A/S.
4. Bidding, payment and breach
Any bid placed will be binding once the bid has been confirmed and registered on the Auction Site. When placing a bid, the Bidder must also enter the maximum amount that the Bidder wishes to place on the Auction Item. Your bid will automatically be raised to the minimum amount allowed once other Bidders bids exceed your current bid until such time that your maximum amount is reached.
If there are several Bidders with the same maximum bid amount at the end of the auction, the first bid placed will be valid. Only the Auction Site can see the maximum amount entered by the Bidder.
All auctions are be subject to a reserve price. If the highest bid is the same as or higher than the reserve price, the Auction Item is sold. If the bid is lower than the reserve price, the Seller will have 24 hours to notify the Auction Site of whether the Seller will accept the bid placed by the Bidder. The Auction Site is obliged to notify the Bidder within 24 hours of whether the Seller has accepted the bid.
In the case of identical bids being placed, the first bid will be valid. Bids placed less than 5 minutes before an auction closes will automatically extend the auction by 5 minutes from the time the last bid was placed.
The time allowed for payment is 5 working days. Within 24 hours of the auction closing, the successful Bidder will receive an invoice from Midt Factoring A/S stating the payment details. Once payment has been registered with Midt Factoring A/S, a delivery confirmation will be sent to the successful Bidder including relevant contact information for use when picking up the Auction Item. The specific time for collecting the Auction Item will be agreed directly between the Seller and the successful Bidder and will, thus, be no concern of Kapow Auktioner A/S.
If the successful Bidder fails to make payment in a timely manner, or if the successful Bidder does not otherwise respond to the written request of Kapow Auktioner A/S within 24 hours of the expiry of the deadline for the collection of the Auction Item, this will be deemed to be a material breach and the auction agreement will be deemed to have lapsed.
In the event of a material breach, Kapow Auktioner A/S will be entitled to cancel the auction agreement with the defaulting Bidder and offer the Auction Item to the Bidder placing the second-highest bid or to a third party.
The defaulting Bidder will be obliged to reimburse Kapow A/S for the difference in both bid sum and fees compared to the price obtained by the second-highest bid for the item or a third party, plus a 10 % surcharge.
If the Bidder places the second-highest bid or a third party refuses to purchase the Auction Item and the Auction Item must be reauctioned, the defaulting Bidder will be obliged to cover all reasonable costs associated with this.
If Kapow Auktioner A/S or the Seller succeeds in selling the Auction Item won by the defaulting Bidder to a third party at a price that exceeds the defaulting Bidder's bid, the defaulting Bidder will not be entitled to deduct the excess sum from the costs associated with the sale, just as the defaulting Bidder will not be able to claim the profits.
Kapow Auktioner A/S is entitled to exclude defaulting Bidders from the Auction Site. All data will be erased, just as Kapow Auktioner A/S reserves the right to deny the excluded Bidder access to the Auction Site from the IP-address used.
5. Financing and costs
The Seller is solely responsible for ensuring that the Auction Item is unencumbered. Any liability in this respect is no concern of Kapow Auktioner A/S.
If the successful Bidder requires financing for his purchase, this financing must be finalised by the time of the auction closing.
If it has been agreed with the successful Bidder that the successful Bidder will settle or assume any liens as part of the purchase, the Seller will be obliged to ensure that Seller can be released from any obligation towards third parties and that third party rights in relation to the Auction Item expire no later than at the time of conclusion of the auction agreement.
Handling fees constitute 10 % of the sales price, however, a maximum of DKK 25,000, and is paid by Seller.
6. Value-Added Tax (“VAT”)
All bids and handling costs are stated exclusive of VAT. VAT is added to both the Auction Item and to handling costs, unless the Auction Item is exempt from VAT.
For successful Bidders residing within the EU, the Auction Item and the fees are subject to Danish VAT. All invoices will thus be subject to VAT, unless the successful Bidder submits proper documentation that the goods will be exported from Denmark, in which case Kapow Auktioner A/S will refund the VAT and issue a credit note and a new VAT-exempt invoice. As documentation, Kapow Auktioner A/S must receive a consignment note, an invoice from a shipping company, or other appropriate documentation that the goods will be exported from Denmark. If this documentation is not received, or in the event that the successful Bidder himself collects the Auction Item, the successful Bidder will be responsible for applying for a refund of Danish VAT with the Danish tax authorities.
Full documentation requirements:
The documentation must be provided no later than the 10th day of the month after the delivery.
The documentation should be sent to the email address: firstname.lastname@example.org
• a signed CMR document or a consignment note
• an invoice from the transport company
• a document for loaded goods in which the carrier has signed for receiving the goods (signed Kapow’s order confirmation)
• Your company's IBAN and Swift number
• A written statement, stating that the goods have been transported or dispatched by the buyer personally or by a third party paid for by the buyer.
• Export declaration – Buyer (provided by Kapow Auktioner A/S)
If the goods are vehicles or other means of transport, the statement should also include the registration number of the means of transport being delivered.
Successful Bidders residing outside the EU can be exempted from Danish VAT when documenting that the Auction Item has been shipped outside of the EU. The successful Bidder may elect not to make use of the option of VAT exemption and, instead, choose to pay Danish VAT. The successful Bidder is responsible for ensuring that its VAT number is valid before placing any bids. Kapow Auktioner A/S will check whether the VAT number is valid on this website: http://ec.europa.eu/taxation_customs/vies/?locale=da.
If the VAT number is not valid, the Auction Item will be subject to Danish VAT.
7. Theft or sabotage
If Kapow Auktioner A/S ascertains that theft or attempted theft, sabotage or attempted sabotage has taken place, this will result in a report being filed with the police and exclusion from any future bidding on Kapow A/S.
8. Transfer of risk
The successful Bidder bears the risk for the Auction Item from the auction closing. If the Auction Item needs to be dismantled, disassembled or secured, this will occur at the risk and expense of the successful Bidder.
All loading occurs at the risk of the successful Bidder. Kapow Auktioner A/S will not be liable for damage to purchased goods or other items. We are happy to help, but only at the risk of the successful Bidder.
9. Changes to terms and the catalogue and exclusion of liability relating to errors and omissions
Kapow Auktioner A/S reserves the right to make changes to the catalogue, including the omission of goods from auctions. Kapow Auktioner A/S excludes liability for misspellings, typing errors, errors relating to pictures, incorrect specification of numbers, dimensions, weight, capacity and VAT status.
Kapow Auktioner A/S excludes liability for any system errors or other technical issues that may affect the auction system and the bidding.
If technical problems arise at the conclusion of an auction, Kapow Auktioner A/S reserves the right to restart the entire auction and leave it to close at a later date, typically at the same time on the following day, or when any technical problems have been solved. All active bidders will be notified by email as soon as possible.
10. Contact information
Kapow Auktioner A/S
CVR/Co Reg. No 43055046
Telephone: +45 70707480
11. Law and venue
Any disputes relating to these Auction Terms are subject to Danish law and must be brought before the Horsens County Court.
Last updated [04.11.2021]
Thank you for choosing Kapow Auktioner A/S (“company”, “we”, “us”, or “our”). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about our policy or our practices with regard to your personal information, please contact us at [contact email].
WHAT INFORMATION DO WE COLLECT?
The personal information you disclose to us.
In Short: We collect personal information that you provide to us such as name, address, contact information, passwords and security data.
We collect personal information that you voluntarily provide to us when registering at the Sites or Apps expressing an interest in obtaining information about us or our products and services when participating in activities on the Sites such as interacting and posting messages on our fan pages or otherwise contacting us.
The personal information that we collect depends on the context of your interactions with us and the Sites, the choices you make and the products and features you use. The personal information we COLLECT can include the following:
Name and Contact Data. We collect your first and last name, email address, postal address, phone number, and other similar contact data.
Credentials. We collect passwords, password hints, and similar security information used for authentication and account access.
All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.
Information automatically collected
In Short: Some information – such as IP address and/or browser and device characteristics – is collected automatically when you visit our websites.
We automatically collect certain information when you visit, use or navigate the Sites. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Site and other technical information. This information is primarily needed to maintain the security and operation of our Sites, and for our internal analytics and reporting purposes.
Like many businesses, we also collect information through cookies and similar technologies. You can find out more about this in our Cookies Policy.
Information collected through our Apps
In Short: We may collect information regarding your geo-location, mobile device, push notifications, and Facebook permissions when you use our apps.
If you use our Apps, we may also collect the following information:
Geo-Location Information. We may request access or permission to and track location-based information from your mobile device, either continuously or while you are using our mobile application, to provide location-based services. If you wish to change our access or permissions, you may do so in your device’s settings.
Mobile Device Access. We may request access or permission to certain features from your mobile device, including your mobile device’s [Bluetooth, calendar, camera, contacts, microphone, reminders, sensors, SMS messages, social media accounts, storage,] and other features. If you wish to change our access or permissions, you may do so in your device’s settings.
Mobile Device Data. We may automatically collect device information (such as your mobile device ID, model and manufacturer), operating system, version information and IP address.
Push Notifications. We may request to send you to push notifications regarding your account or the mobile application. If you wish to opt out from receiving these types of communications, you may turn them off in your device’s settings.]
Facebook Permissions. We by default access your Facebook basic account information, including your name, email, gender, birthday, current city, and profile picture URL, as well as other information that you choose to make public.
Information collected from other Sources
In Short: We may collect limited data from public databases, marketing partners, social media platforms, and other outside sources.
We may obtain information about you from other sources, such as public databases, joint marketing partners, social media platforms (such as Facebook), as well as from other third parties. Examples of the information we receive from other sources include social media profile information (your name, gender, birthday, email, current city, state and country, user identification numbers for your contacts, profile picture URL and any other information that you choose to make public); marketing leads and search results and links, including paid listings (such as sponsored links).
HOW DO WE USE YOUR INFORMATION?
In Short: We process your information for purposes based on legitimate business interests, the fulfilment of our contract with you, compliance with our legal obligations, and/or your consent.
We use personal information collected via our Sites for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests ("Business Purposes"), in order to enter into or perform a contract with you ("Contractual"), with your consent ("Consent"), and/or for compliance with our legal obligations ("Legal Reasons"). We indicate the specific processing grounds we rely on next to each purpose listed below.
We use the information we collect or receive:
To send you marketing and promotional communications [for Business Purposes and/or with your Consent]. We and/or our third-party marketing partners may use the personal information you send to us for our marketing purposes if this is in accordance with your marketing preferences. You can opt out of our marketing emails at any time (see the "Your Privacy Rights" below).
To send administrative information to you [for Business Purposes, Legal Reasons and/or possibly Contractual]. We may use your personal information to send you the product, service and new feature information and/or information about changes to our terms, conditions, and policies.
To post testimonials [with your Consent]. We post testimonials on our Sites that may contain personal information. Prior to posting a testimonial, we will obtain your consent to use your name and testimonial. If you wish to update or delete your testimonial, please contact us at email@example.com and be sure to include your name, testimonial location, and contact information.
Administer prize draws and competitions [for our Business Purposes and/or with your Consent]. We may use your information to administer prize draws and competitions when you elect to participate in competitions.
Request Feedback [for our Business Purposes and/or with your Consent]. We may use your information to request feedback and to contact you about your use of our Sites.
To protect our Sites [for Business Purposes and/or Legal Reasons]. We may use your information as part of our efforts to keep our Sites safe and secure (for example, for fraud monitoring and prevention).
To enforce our terms, conditions and policies [for Business Purposes, Legal Reasons and/or possibly Contractual].
To respond to legal requests and prevent harm [for Legal Reasons]. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
For other Business Purposes. We may use your information for other Business Purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Sites, products, services, marketing and your experience.
WILL YOUR INFORMATION BE SHARED WITH ANYONE?
In Short: We only share information with your consent, to comply with laws, to protect your rights, or to fulfil business obligations.
We only share and disclose your information in the following situations:
Compliance with Laws. We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal processes, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
Vital Interests and Legal Rights. We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.
Vendors, Consultants and Other Third-Party Service Providers. We may share your data with third-party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include payment processing, data analysis, email delivery, hosting services, customer service and marketing efforts. We may allow selected third parties to use tracking technology on the Sites, which will enable them to collect data about how you interact with the Sites over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity. Unless described in this Policy, we do not share, sell, rent or trade any of your information with third parties for their promotional purposes.
Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
Third-Party Advertisers. We may use third-party advertising companies to serve ads when you visit the Sites. These companies may use information about your visits to our Website(s) and other websites that are contained in web cookies and other tracking technologies in order to provide advertisements about goods and services of interest to you.
With your Consent. We may disclose your personal information for any other purpose with your consent.
Other Users. When you share personal information (for example, by posting comments, contributions or other content to the Sites) or otherwise interact with public areas of the Site or App, such personal information may be viewed by all users and may be publicly distributed outside the Site and our App in perpetuity. [If you interact with other users of our Sites and register through a social network (such as Facebook), your contacts on the social network will see your name, profile photo, and descriptions of your activity.] Similarly, other users will be able to view descriptions of your activity, communicate with you within our Sites, and view your profile.
DO WE USE GOOGLE MAPS?
In Short: Yes, we use Google Maps for the purpose of providing better service.
By using our Maps API Implementation, you agree to be bound by Google’s Terms of Service. [By using our implementation of the Google Maps APIs, you agree to allow us to gain access to information about you including personally identifiable information (such as usernames) and non-personally identifiable information (such as location). [We will be collecting the following information: ] (information list)
For a full list of what we use the information for, please see the previous sections titled “Use of Your Information” and “Disclosure of Your Information.” [You agree to allow us to obtain or cache your location. You may revoke your consent at any time.] [We use information about location in conjunction with data from other data providers.]
The Maps APIs that we use to store and access cookies and other information on your devices. If you are a user currently in the European Union, please take a look at our EU User Consent Policy.
IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?
In Short: We may transfer, store, and process your information in countries other than your own.
Our servers are located in Denmark If you are accessing our Sites from outside of Denmark, please be aware that your information may be transferred to, stored, and processed by us in our facilities and by those third parties with whom we may share your personal information (see "Disclosure of Your Information" above), in Denmark and other countries.
European Commission's Standard Contractual Clauses: Such measures implementing the European Commission's Standard Contractual Clauses for transfers of personal information between our group companies and between us and our third-party providers, which require all such recipients to protect the personal information that they process from the EEA in accordance with European data protection laws. We have implemented similar appropriate safeguards with our third-party service providers and partners and further details can be provided upon request.
WHAT IS OUR STANCE ON THIRD-PARTY WEBSITES?
In Short: We are not responsible for the safety of any information that you share with third-party providers who advertise, but are not affiliated with, our websites.
HOW LONG DO WE KEEP YOUR INFORMATION?
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
HOW DO WE KEEP YOUR INFORMATION SAFE?
In Short: We aim to protect your personal information through a system of organizational and technical security measures.
We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, please also remember that we cannot guarantee that the internet itself is 100% secure. Although we will do our best to protect your personal information, the transmission of personal information to and from our Sites is at your own risk. You should only access the services within a secure environment.
WHAT ARE YOUR PRIVACY RIGHTS?
In Short: In European Economic Area, you have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time.
You have certain rights under applicable data protection laws. These include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. To make such a request, please use the contact details provided below]. We will consider and act upon any request in accordance with applicable data protection laws.
If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the processing before its withdrawal.
If you are resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm
You may at any time review or change the information in your account or terminate your account by:
Logging into your account settings and updating your account
Contacting us using the contact information provided below
Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Sites.
Opting out of email marketing: You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list – however, we will still need to send you service-related emails that are necessary for the administration and use of your account.
DO WE MAKE UPDATES TO THIS POLICY?
In Short: Yes, we will update this policy as necessary to stay compliant with relevant laws.
HOW CAN YOU CONTACT US ABOUT THIS POLICY?
If you have questions or comments about this policy, email Anna Grzesica or Jannik Faurschou at firstname.lastname@example.org or by post to:
Kapow Auktioner A/S
Ydinggade 39B 8752 Østbirk, Denmark.
If you are a resident in the European Economic Area, the "data controller" of your personal information is Anna Grzesica and Jannik Faurschou, Kapow Auktioner A/S appointed to be its representatives in the EEA. You can contact them directly regarding the processing of your information by Kapow Auktioner A/S, by email at email@example.com or by post to: Ydinggade 39B 8752 Østbirk, Denmark.
If you have any further questions or comments about us or our policies, email us at firstname.lastname@example.org or contact us by post at:
Ydinggade 39B 8752 Østbirk, Denmark