The website www.bud.huntspot.no is an auction site designed for the purchase and sale of hunting, and everything to do with hunting rights. Fishspot AS. Org –nr. 915 036 589, is the licensee, and owner of www.bud.huntspot.no
These “Terms of purchase and sale through the online auction site www.bud.huntspot.no” (“Terms”) determine the bidder (“Bidder”), buyer (“Buyer”) and bid.huntspot’s rights and commitments to each other when selling, bidding, and buying hunting through the online auction at www.bud.huntspot.no. All parties are bound by the applicable terms at all times, which are available at www.huntspot.no.
The bidder/buyer is responsible for familiarizing themselves with these terms before bidding.
The Voluntary Auction Act
Law on Enforcement
Consumer Purchase Act
(Consumer Purchase Act)
In order to shop online at www.bud.huntspot.no, the Bidder/Buyer must register at www.bud.huntspot.no as a private person, company, or other legal entity. Registration is free.
When registering, the Bidder/Buyer must state, among other things, their username (email address), password and mobile number. To activate the user account one must enter a code received by SMS. This is a security feature for the user.
If the Terms are accepted, registration will be completed and the Bidder/Buyer will receive an account (“My Account”) at www.bud.huntspot.no. The user will then be able to submit bids at www.bud.huntspot,no.
The user is obliged to ensure that all registered information in My Account is updated and correct at all times.
Bids submitted from My Account will be binding on the person registered as the holder of the account, cf. section 6.5. It is therefore important that the user keeps their username and password private.
Only people over the age of 18 may register as private individuals with My Account.
3. Processing of Personal Data
The Personal Data Act contains provisions on the processing of personal data. Huntspot’s processing of personal data takes place in accordance with the laws and regulations in force at any given time.
Upon acceptance of the Terms, you agree that bud.huntspot.no, in accordance with the provisions below, are allowed to use personal information that is provided.
Personal information provided at registration or later on is used to prepare a written agreement between the Buyer and the Seller, and to contact the registered person if necessary in connection with the use of the services at www.bud.huntspot.no. The registered information is further used to fulfill any statutory obligations that www.bud.huntspot.no may have. The information provided at the time of registration or later will be stored in a secure manner and will not be available to unauthorized persons. The Seller will receive the information necessary to make an agreement entered into with the Buyer.
All bids submitted are registered by bud.huntspot.no in a bid log. Bud.huntspot.no is free to forward information from the bid log to the Buyer, to the Seller, and to any other Bidders it so chooses.
If you want www.bud.huntspot.no not to share information such as the Buyer’s name, please send e-mail to email@example.com. For further information on the data subject’s rights, please refer to the provisions of the Personal Data Act.
4. The Role of www.bud.huntspot.no
Bud.huntspot.no is not the seller of the assets and rights (“Sale Object”) sold on www.bud.huntspot.no. Bud.huntspot.no is therefore not a party to the agreement entered into between the Buyer and the Seller.
Bud.huntspot.no has the role of agent for the Seller in the auction process. Bud.huntspot.no acts on the authority of the Seller and has the right to accept and refuse bids and to accept settlement on behalf of the Seller. As sales take place in the Seller’s name, hntspot.no is not included in the commission law.
5. Auction Rules
5.1 Auction Sales
Sales made through www.bud.huntspot.no are auction sales, and take place in accordance with the regulations laid out in the Auction Act and Terms.
Separate auctions are held for each sales item.
5.2 Auction Start and Auction End
For each Sales object, a start time and end date of the auction (“Bid Period”) have been set, which appears on www.huntspot.no. Only bids submitted in the Bid Period will be registered.
If a bid is received within the last few minutes of the Bid Period, the Bid Period is automatically extended with a given number of minutes from the last bid received. The number of minutes added is specified on each auction.
5.3 Minimum Bid and Starting Bid
All auctions have a starting bid price that will appear in the ad for each auction.
All bids submitted must be higher than or equal to the listed starting price.
5.4 Bid Increase
All auctions have a defined minimum bid increase. The size of the new bid submitted must always be at least as large as the highest existing bid plus the minimum allowed bid increase.
5.5 Bids are Binding
All bids are binding once received by www.bud.huntspot.no.
All bids submitted via My Account registered at www.bud.huntspot.no are considered legally binding. This applies regardless of who uses the account to make the bid.
All bids are binding until:
-A new and higher bid is received and registered at www.huntspot.no,
-huntspot.no has rejected the bid on behalf of the seller, or
-the auction has been canceled.
5.6 Value Added Tax, Sales Costs, Liens, etc.
The Bidder will be informed of the total purchase price in accordance with the offer described if the bid is accepted by the Seller, including any value added tax and any selling costs.
The Bidder will note the total purchase price if the bid is accepted by the Seller, including any VAT and any sales costs.
All bids will be logged exclusive of VAT and sales costs on www.huntspot.no.
5.7 Sellers Right to Decline Bids
The Seller has the right, without justification, to reject any bid, including the highest bid. This also applies if the minimum price has been reached.
5.8 Binding Agreement
A binding agreement for the transfer/lease of the Sales Object, including the Terms, is entered into when Seller, or www.bud.huntspot.no on behalf of the Seller has accepted a bid from the Bidder.
The Bidder with the highest bid upon conclusion of the auction will, in accordance with the description of the auction object, receive feedback from the Seller, or www.bud.huntspot.no on behalf of the seller, regarding whether the bid is accepted or rejected.
The Seller, or www.bud.huntspot.no on behalf of the Seller, usually sends out a contract/lease agreement to the Buyer, who must sign and return the agreement to the Seller, or to www.bud.huntspot.no on behalf of the seller. The Buyer is aware that a binding agreement has already been entered into upon acceptance of the bid, regardless of whether the agreement itself is signed by the Buyer. Failure to return the assigned agreement from the Buyer, however, entitles the seller to refuse delivery of the Sale Item, even if the Buyer has paid the agreed upon purchase price.
5.9 Purchase Price
The accepted bid, including any sales costs and VAT, makes up the final purchase price (“Purchase Price”).
5.10 Payment of The Purchase Price
The Buyer is obliged, unless otherwise expressly agreed, to pay the Purchase Price to a bank account specified by the Seller, or www.bud.huntspot.no on behalf of the Seller.
5.11 Consequence of Non-Payment – Cancellation, Compensation, Breakage Fee, Etc.
In the even that the entire Purchase Price is not paid according to the agreement entered into between the Buyer and the Seller, or www.bud.huntspot.no on behalf of the Seller, the Buyer is deemed to have breached their payment obligation. As a result of such a delay, the Seller has the right to terminate the Agreement. The Buyer is responsible for any financial losses incurred by the Seller.
In the event of delayed payment, the interest rate applicable at any given time is accrued according to the Late Interest Act (Act on Interest on Late Payment, etc. of 17 December 1976, no. 100).
If the Buyer terminates the Agreement with the Seller, the Buyer is obliged to pay a standardized termination fee to www.bud.huntspot.no. Payment of termination fees does not exclude that the Seller may be required to compensate the Buyer for termination the Agreement. The rate of the termination fee is as shown below:
* Purchase price of up to kr 100 000: kr 3 500 termination fee.
* Purchase price of up to kr 500 000: kr 8 500 termination fee.
* Purchase price of over kr 500 000: kr 17 000 termination fee.
5.12 Pausing Auctions – Right to Exclude Users – Right to Cancel Auctions
www.bud.huntspot.no is free to close any auction at anytime without any reason. If an auction is closed before the expiry of the Bid Period, the Bidder with the highest bid at the time of closing is free to withdraw the bid, however, so that the bid is binding unless www.bud.huntspot.no has received a cancelation notification via fax or email from the Bidder that the bid is to be canceled. If the auction is restarted without www.bud.huntspot.no having received such notification from the Bidder, the Bidder is still bound without the right to withdraw the bid.
Bud.huntspot.no is free to exclude any user from www.bud.huntspot.no without further justification.
Bud.huntspot.no is free to cancel any auction on www.bud.huntspot.no, also in the Bid Period.
5.13 Illegal Bids
Cooperation that restricts competition is prohibited, cf. section 10 of the Competition Act.
Falsification will be reported to the police. Attempts at fraud, document forgery, and any type of criminal activities will be prosecuted.
6. Delivery of Rights
The Buyer will receive confirmation from the Seller, according to the description in the offer.
The Buyer is obliged to promptly sign and deliver any necessary documentation to the Seller in connection with the purchase.
Delivery of goods is considered to have taken place when the Buyer has entered into a written agreement/contract.
The Seller reserves the right to cancel the purchase in cases that are regulated in section 54 (4) of the Buying Act and section 45 (3) of the Consumer Purchase Act.
7. The Object of Sale – Duty of Investigation, Transfer “As Is” etc.
7.1 Buyers Duty of Investigation
Information about the Sales object is provided in the auction on www.huntspot.no. The information is provided by or received from the Seller. Huntspot.no has ony made its own investigations about the Sales Object when this is explicitly stated.
7.2 The Sales Object is Transferred “AS IS”, “Where It Is” and “With the Limitations that May Exist”.
The item is sold “AS IS” wherein the Seller has no liability for any possible hidden or obvious errors or defects. The Seller thus does not respond to any errors or deficiencies in the Sale Object, including, but not limited to, faults or defects in quality, quantity, completeness, usability, hidden errors or defects, or anything of the like.
The Sales Object is sold with the potential for limited additional rights to the seller other than those stated. Unless otherwise stated, the seller is not aware that anyone other than the Seller has rights to the Sale Item.
The Buyer disclaims, with the exception of cases where prescriptive law prevents this, any right to claim damages in connection with the sale and the agreement, as well as any right to demand that the Seller or www.bud.huntspot.no refund all or part of the Purchase Price with the background of demands for raising or discounting the price. This means among other things, that the Buyer cannot, against the seller or bid.huntspot.no, make any applicable claim for coverage of direct or indirect losses, other consequential damages or losses, or claims for cover for any loss of data, profit, income, dividend, turnover, or otherwise, regardless of how and when the damage or loss has occurred (whether the damage or loss is due to negligence or violation of the agreement or has occurred otherwise.
The buyer accepts the investigation or the lack of investigation made by the Buyer of the Sales Item. The risk the Buyer takes by purchasing the sale item without further knowledge of the Sale Item, is taken into account in the buyer’s bid and thus in the eventual purchase price.
7.3 Buyers Inspection/Examination
All Sales Items are put up for sale “AS IS”. The seller therefore assumes that the Buyer makes the necessary investigations of the sales object before the buyer submits any type of binding bid, according to item 5.5. Apart from the final price of the Sale Item, which is determined through www.bud.huntspot, the final agreement/contract must be entered into between the Buyer and the Seller, or 222.bud.huntspot.no, on behalf of the Seller. Since the contract terms are otherwise fully negotiated before the online auction starts, the “duty to provide information and right of withdrawal for distance sales and sales outside of a fixed business premises” will not apply. If the Buyer chooses to submit a bid without having inspected the Sales Item, this is at the Buyer’s own risk. The Buyer may not subsequently come with claims against the Seller or bid.huntspot.no as a result of the Buyer not having made the necessary investigations of the Sales Item.
8. The Responsibility of Bud.huntspot.no
Bud.huntspot.no does not have control of, or the responsibility for, the quality, safety, legality, or existence of goods and services sold, or the accuracy of the stated information otherwise. Bud.huntspot.no does not carry out a preliminary assessment of goods and services sold unless otherwise stated.
Unless otherwise provide by prescriptive law, the Buyer waives any claim against bud.huntspot.no, its representatives, and employees who may arise in connection to any sale made via www.bud.huntspot.no, including (but not limited to) any claim in connection with the description of the sales object, filing or non registration of bids, as well as non executed or executed transactions.
Bud.huntspot.no is not responsible for any breach on the Buyer or Seller’s side of the agreement between the Buyer and the Seller.
Neither the Bidder, the Buyer, nor the Seller may make any claim against bids.huntspot.no as a result of data failure, downtime, loss of data or other technical issues at www.bud.huntspot.no.
Bud.huntspot.no is not liable to the Buyer or any other third party for indirect loss and/or other consequential loss of data, profit, income, dividend, turnover, or otherwise, regardless of how the damage or loss has occurred (whether the damage or the loss is due to negligence, or breach of the agreement has otherwise occurred).
Payment of the Purchase Price may not offset any claim the Buyer may have against the Seller.
10. The Buyers Rights
The disclaimers of bud.huntspot.no do not affect the rights that Norwegian prescriptive legislation provides to a Buyer who is a consumer.
The Buyer is Liable and responsible for having all necessary permits required to take over/rent the Sale Item. To the extent that permission(s) must be obtained, the Buyer is responsible for obtaining and paying for this.
12.2 Governing Law and Venue
All transactions made through www.bud.huntspot.no are considered completed in Norway.
These Terms and Conditions and the interpretation thereof are governed by Norwegian law.