Terms of purchase
These Terms of Purchase ("Terms") govern all purchases made through the auctions (Live and online auctions) of Nyborgs ("The Auction House"). Nyborgs is owned by Current Value AS, with a visiting address at Bygdøy Allé 111B, 0273 Oslo. The purpose of these Terms is to ensure predictability and clarity for both buyer and seller, as well as to fulfill all legal obligations in accordance with Norwegian law and relevant industry standards. By registering and/or participating in an auction, you as the buyer accept to be bound by these Terms.
- Definitions and validity
1.1 The auction house
Nyborgs, owned by Current Value AS (org. no. 930 516 872), with a visit address: Bygdøy Allé 111B, 0273 Oslo. The auction house arranges auctions and acts as a commissioner or as a seller on behalf of an owner/submitter.
1.2 Buyer
A natural or legal person who bids for, or buys, one or more objects during an auction.These Terms apply to any auction conducted by Nyborgs unless otherwise agreed in writing. Any special terms or individual agreements between the Buyer and the Auction House take precedence over these general Terms but must be clearly stated in writing.The agreement is governed by Norwegian law, including, among other things, the Purchase Act, relevant consumer legislation, auction legislation, the Second Hand Trade Act, the Money Laundering Act, and any regulations governing the sale of art and antiques. In the event of a conflict between these Terms and mandatory legislation, the legislation shall prevail.
1.3 Objects
All artworks, antiques, or other goods offered at auctions by the Auction House.
1.4 Application of terms
These Terms apply to any auction conducted by Nyborgs unless otherwise agreed in writing. Any special terms or individual agreements between the Buyer and the Auction House take precedence over these general Terms but must be clearly stated in writing.
1.5 Relevant laws
The agreement is governed by Norwegian law, including, among other things, the Purchase Act, relevant consumer legislation, auction legislation, the Second Hand Trade Act, the Money Laundering Act, and any regulations governing the sale of art and antiques. In the event of a conflict between these Terms and mandatory legislation, the legislation shall prevail. - Bidder Registration and Approval
2.1 Registration
Before participating in an auction, the Buyer must register a user account and provide necessary contact and identification information.
2.2 Approval and rejection
• Nyborgs reserves the right to accept or reject new bidders without justification.
• If the Buyer has unpaid invoices, or Nyborgs questions the Buyer's ability to pay, registration and/or the possibility of bidding may be suspended or denied.
2.3 Age limit
• Participation in auctions normally requires that the Buyer is at least 18 years of age and has legal capacity to act.
• If the Buyer is under 18 years of age, written consent of the guardian or guardian is required.
2.4 Power of attorney
• Anyone attending on behalf of a company or other third party must be able to document the right of signature or power of attorney.
• In the absence of a valid power of attorney, the person himself is held responsible for all purchases.
2.5 Security check
• Buyer agrees that Nyborgs may carry out the necessary credit assessments and other checks to verify identity and ability to pay (cf. the Money Laundering Act). - Auction Objects — Description and Condition
All objects are sold “as is”, unless otherwise expressly agreed in writing. The objects may have wear, signs of age, restorations or other conditions that are not always specifically indicated in the catalog or online.• If a dispute arises about ownership or authenticity in retrospect, Nyborgs may cancel the sale, cf. clause on complaints and non-compliance.
3.1 Generally
All objects are sold “as is”, unless otherwise expressly agreed in writing. The objects may have wear, signs of age, restorations or other conditions that are not always specifically indicated in the catalog or online.
3.2 Catalog and advertising
• Nyborgs usually prepares an auction catalogue (digital). Catalogue information (e.g. title, technique, artist name, age, style period, and appraisal prices) is provided in the best discretion, but is not to be regarded as binding guarantees of authenticity or condition.
• Photographs are intended as identification only and cannot be used as a complete condition report, as color reproduction and any damage may differ from the actual.
3.3 Viewing and Investigation Obligation
• Screenings are usually held in advance of the auction, either physically at Nyborgs' premises, in rented premises or digitally, so that the Buyer can examine the condition of the objects.
• Buyer is strongly encouraged to conduct a thorough investigation and to request any condition reports prior to bidding.
3.4 Condition report
• Nyborgs may, but is not obliged to, provide a condition report upon request. The report is indicative only and does not exempt the Buyer from its own investigation obligation.
3.5 Authenticity and documents
• Any certificates, provenance details or tariff documents from third parties are attached as far as available. Nyborgs is not responsible for the content of external expert reports.• If a dispute arises about ownership or authenticity in retrospect, Nyborgs may cancel the sale, cf. clause on complaints and non-compliance. - Bidding and conducting auction
4.1 Auction format
Nyborgs holds digitally streamed live auctions with an auctioneer, without customers present on-site, as well as online auctions. The Terms apply to both live auctions and online auctions unless otherwise specified.
4.2 Bidding
Bids may be placed via electronic platforms (pre-bids/maximum bids or live/online bids) or by phone with representatives from Nyborgs during live auctions.
Nyborgs takes no responsibility for errors in the telephone connection or failure to reach the bidder. To place a phone bid, contact Nyborgs at least 24 hours before the auction begins.
4.3 Estimated price and reserve price
Each object has an estimate. This is not a guarantee of sale price, only an estimate of a potential sale price.
The object may have an agreed minimum price (reserve) with the Seller, which is normally not announced to the Buyer. Nyborgs may terminate the bidding “subject to the seller's approval” if the highest bid is below the minimum price.
4.4 Bid steps
Bidding intervals have fixed steps, but these steps increase at certain fixed price points.
In live auctions, the auctioneer determines the bid increments ("raises") continuously based on the bid level. In the case of identical bids, the auctioneer decides which bidder wins.
4.5 Winning bids
In live auctions, the winning bid ("hammer price") occurs when the auctioneer bangs the gavel on the item. In online auctions, the winning bid occurs when the auction time expires. At that point, a binding purchase agreement is entered into between Nyborgs (on behalf of the seller) and the Buyer.
4.6 Object recall
Nyborgs reserves the right to withdraw any object before or during the auction without prior notice.
4.7 Auctionarius' authority
The auctioneer has final and decisive authority to resolve disputes during bidding, including reopening the bidding round, rejecting bidders or refusing bids. - Purchase price, fees, fees and payment
5.1 Purchase price
• The purchase price (the “Tender Amount”) is the winning bid, as well as any fees and charges set forth in these Terms.
5.2 Costs (Fees) for Nyborgs
• In addition to the Offer Amount, the Buyer pays costs of 25% of the bid. This includes Nyborg's fee and VAT on the fee.
5.3 Art fee and consequential rights
• For works of art covered by the Norwegian Art Tax Act or the Intellectual Property Act, Cap. VIII, an additional fee may apply (“follow-on right”). This is 5% up to a certain amount, but may vary. The consequential right is added to the invoice if the conditions for the consequential right are met.
Follow-up rights (art fee)
Please note that some works of art fall under the provisions of the Copyright Act Chapter VIII. This law only covers art acquired during the artist's lifetime and continues to apply for 70 years after the artist's death. The follow-on fee is calculated according to the following rates:
• From NOK 2,000 to 50.000 Euro: 5% art fee
• From 50,000.01 euros up to 200,000 euros: 3%
• From 200,000.01 euros up to and including 350,000 euros: 1%
• From 350,000.01 euros up to 500,000 euros: 0.5%
• Anything over 500,000 euros: 0.25%
The maximum follow-on fee is 12,500 euros. The total amount of the invoice for works of art covered by the consequent right is reduced accordingly to the tax rate. For more information, see www.kunstavgiften.no.
5.4 Supplement for VAT or special charges
• Certain objects may be subject to additional taxes (e.g. import VAT, collector's VAT, second hand sales tax), which are additional for the Buyer.
5.5 Invoicing and payment deadline
Nyborgs usually sends invoices the day after the auction (for live auctions) or when the online auction ends.
The payment deadline is 3 days from the invoice date. In case of late payment, interest will accrue in accordance with the Norwegian Late Payment Interest Act ("morarenteloven").
5.6 Non-payment
• If the Buyer does not pay within 14 days of purging, Nyborgs may cancel the purchase and/or make a cover sale at Buyer's expense and risk.
• All costs related to cover sales, including any loss of value, commissions and interest, are initially charged to the Buyer.
5.7 Third Party Payment
• Nyborgs may refuse payment to be made by someone other than the registered Buyer, for reasons of money laundering rules and identity checks. - Pickup, delivery and risk transition
6.1 Pickup
• The Buyer can collect the objects from Nyborgs when the entire invoice has been paid and the amount has been recorded paid.
• Objects must be picked up within 14 working days after the auction takes place, unless otherwise agreed in writing.
6.2 Shipping and transportation
• Upon agreement, Nyborgs can assist the Buyer with shipment. Costs for transportation, insurance, packaging and any customs clearances are borne by the Buyer.
• All shipments are made at Buyer's expense and risk, unless otherwise specifically agreed.
6.3 Warehouse rental and unclaimed objects
• If objects are not picked up within the deadline, Nyborgs can charge storage rent of NOK 500 per week.
• In the event of a significant delay (over 10 weeks), Nyborgs may resell the object, in order to cover accrued inventory costs. Any profit will accrue to the Buyer after Nyborgs has covered all relevant expenses and fees.
6.4 Export Permit
• Buyer is responsible for obtaining necessary export/import permits for objects. Refusal of an export permit does not provide grounds for raising the purchase. - Complaints and Deficiency Liability
7.1 No right of withdrawal
There is no right of withdrawal for purchases made at Nyborgs auctions, pursuant to the provisions of the Norwegian Right of Withdrawal Act ("angrerettloven").
7.2 Deadline for Complaints
• Buyer must give written notice of any defect within a reasonable time after the defect was or should have been discovered. Consumer buyers must advertise no later than within the deadlines set by the Consumer Purchase Act, while traders normally have to advertise within a short time from delivery.
7.3 Deficiency Definition
• A defect exists if the object is in substantially worse condition than the Buyer had reason to expect based on description, condition assessment, age wear and price.
• Minor deviations, scratches, cracks, abrasions, discoloration, etc. that are compatible with the age or use of the object are not considered a defect.
7.4 Auction House Straightening or Raising
• In the event of a shortage, Nyborgs may try to remedy it or give a price reduction.
• If the defect is material and cannot be corrected, the purchase can be raised against the return of the object in the same condition as in the case of takeover. Nyborgs' liability is limited to the refund of the Buyer's payment, including fees and accrued fees, but not any consequential costs or indirect losses. - Limitation of Liability
8.1 Limited Liability
• Nyborgs is not liable for indirect or consequential losses, including lost profits, unless otherwise provided by preceptory law.
• Any liability for Nyborgs is in any case limited to NOK 20,000.
8.2 Force majeure
• Nyborgs is not responsible for delays or non-fulfillment of obligations due to circumstances beyond the control of the Auction House (e.g. natural disasters, fire, strikes, wars, pandemics, technical failures of third parties, downtime on digital platforms, etc.). The deadline for fulfilment is extended accordingly. In case of force majeure of more than [Enter the number of months, e.g. 3 months], the purchase may be raised by both parties without the right to compensation. - Privacy and data management
9.1 Purpose
• Personal data is processed in accordance with applicable data protection legislation (GDPR, the Personal Data Act, etc.) for the purpose of managing the auction process, identifying buyers and sellers, and complying with legal requirements (including anti-money laundering rules).
9.2 Retention period
• Purchase and sale data may be kept for extended periods to document ownership history on art and antiques, as well as for historical purposes.
9.3 Marketing
• By registering, you can consent to receive newsletters, catalogs or other marketing requests. You can opt out at any time.
9.4 Transparency and rights
• You have the right to access, rectification or erasure of personal data in accordance with law. For questions, contact post@nyborgs.no. - Use of images and documentation
10.1 Photo Rights
• Nyborgs reserves the right to photograph and document objects, and to use such material in catalogues, advertisements, websites and other marketing or documentation materials, including retrospectively.
10.2 Copyright
• All images, text and other content produced by Nyborgs remain Nyborgs' property. Buyer is not entitled to make use of this material beyond purely private use, unless otherwise agreed. - Conflict resolution and disputes
11.1 Complaint Handling
• In case of disagreement with the Terms or other matters relating to the purchase, the parties are first encouraged to seek an amicable solution by writing to post@nyborgs.no.
11.2 Court Choices
• If the parties do not reach an agreement, the case may be brought before Hordaland District Court, Bergen.
• For consumer purchases, the Buyer may also bring the matter before the Consumer Council or the relevant dispute resolution body, prior to any legal process.
Nyborg (Current Value AS)
Nobels gate 18, 0268 Oslo
Oslo, 14.09.25