Jackson Design AB – Terms and Conditions of Sale

1. The contract

The contract is formed when you accept our offer in writing. These terms govern the sale, together with what is agreed in our order confirmation and the notes on our invoice. If we agree something specific to your order, that is what applies.

2. Condition

Our pieces are vintage and are sold in the condition they are in. They were not manufactured to current standards and, unless we say a piece has been tested, it has not been. Wear, patina, marks, old repairs, shrinkage and variation in finish are characteristics of age, not faults.

The materials in a vintage piece show their age. Original upholstery, padding, foam, webbing and springs may be worn, brittle or degraded and may not suit daily use until renewed. Leather may be dry, cracked or scuffed. Wood moves with humidity and may show old shrinkage cracks or lifted veneer. Original mirror and glass may show spotting, bubbles or waviness. Metal may show oxidation and pitting, and textiles may be faded. In a vintage piece these are characteristics of its age and materials, not defects, unless our description says otherwise.

Where a piece needs work, we restore it before it is offered, carefully and to the best condition its age allows. Even after restoration a piece remains vintage and should be handled with care.

Our pieces are sold as collectors' items, valued for their design and decorative quality. Where we describe a piece as needing restoration, re-upholstery or rewiring, it is sold on that basis and is not ready for use until that work has been done.

If you are a consumer, none of this limits your rights where a piece is not as described.

3. Attribution and title

Designer, maker, model, date and provenance are given in good faith and reflect current research. In our descriptions:

• a piece listed under a designer's or maker's name alone means we have researched the piece and attribute it to that designer or maker with confidence;
• “attributed to” means that in our opinion the piece is probably by the named designer or maker, though with less certainty than a plain listing;
• “in the style of” or “in the manner of” means the piece is of the period or later and recalls the named designer's work, and we do not say it is by them;
• “stamped”, “signed” or “labelled” means the piece bears that mark.

An attribution is based on the research available when the piece is sold. Design history is a living field, and what is known about a designer's work can develop over time.

We are entitled to sell every piece we offer, and ownership comes to you free of any third-party right or claim.

4. Electrical pieces

All electrical and mechanical goods are sold on the basis of their artistic and decorative value only, and should not be assumed to be operative and/or functional. It is essential that prior to any intended use, the electrical system is checked and approved by a qualified electrician.

5. Price and tax

Prices exclude delivery, packing, storage, insurance, customs duty and import taxes unless we say otherwise.

Most pieces are sold under the margin scheme for second-hand goods and antiques (in Sweden, vinstmarginalbeskattning): VAT is calculated on our margin, is not shown separately and cannot be reclaimed by you. Where we invoice free of Swedish VAT for export outside the EU, that treatment depends on the piece actually leaving the EU and on our receiving proof of export; without that proof we may invoice you the VAT.

Some sales attract a resale royalty (följerätt) under the Swedish Copyright Act. Where it applies we tell you the exact amount before you commit and show it on the invoice.

6. Payment and ownership

Payment is due within ten working days of the invoice date, in the invoice currency. The same applies to a pro forma invoice: payment is due within ten working days of its date, and where we have issued a pro forma invoice the final invoice follows once payment has cleared. All bank and conversion charges are at your expense. Late payment carries interest under the Swedish Interest Act (räntelagen 1975:635).

Ownership passes only when we have received the full price in cleared funds. Until then you may not sell, pledge or part with the piece, and you must keep it insured and identifiable. If we are not paid, we may cancel the sale and offer the piece elsewhere.

Our bank details never change by email. If you receive a message saying they have, do not act on it: telephone us on +46 705454541, using that number rather than one taken from the message, and we will then confirm the correct details in writing from [email protected]. Account details are confirmed only when you have received them from us in writing after that call.

7. Delivery and risk

Delivery is not included in the price unless stated. For a consumer order, our offer and order confirmation will state whether we offer to assist with transport or whether the piece is collection only.

Where we offer to arrange packing, freight, insurance or customs formalities, we do so on your behalf. We are not a carrier, and carriers' and forwarders' own terms and liability limits apply to what they do, but they do not limit our obligations to a consumer. Where the shipping price includes transit insurance, the policy governs what it pays; we handle a claim where the risk is ours and support yours where it is not. Keep the packing and photograph the piece on arrival, which makes any claim far easier. If a piece arrives damaged, tell us within 48 hours of delivery, with photographs of the piece and the packing. For a consumer, this request does not limit your rights under clause 10.

For some pieces, the piece/pieces is collection only. If you are buying privately as a consumer, you must then collect the piece, or have a carrier appointed by you collect it, from our warehouse at the collection address stated in the order confirmation. We do not book or arrange transport for a collection-only sale. At your request, we may provide contact details for independent carriers, but you choose, instruct, contract with and pay the carrier directly. Any packing or crating we agree to provide is separate from the transport.

If you are a consumer, the piece remains at our risk until you or a person designated by you receives it. If you independently appoint a carrier that we did not offer, the risk passes when the piece is handed to that carrier. If you collect the piece yourself, the risk passes on collection. Providing carrier contact details does not alter any mandatory rule about risk.

For trade buyers, pieces are sold Ex Works, or FCA where we arrange export, at Frihamnsgatan 50, 115 56 Stockholm (Incoterms 2020), and risk passes at the point that rule fixes.

8. Collection and storage

We store a purchased piece free of charge for 14 days. If a piece is not collected we will write to you. For a consumer, any sale of an uncollected piece follows the Swedish Act on a trader's right to sell uncollected goods (lag 1985:982), with notice and a proper accounting to you. For trade buyers, we may resell a piece uncollected three months after we said it was ready and apply the proceeds against what you owe.

9. Export, customs and permits

If a piece is going abroad, you are the importer. Customs duty, import VAT, brokerage, entry and handling fees, demurrage and storage at a customs or bonded warehouse at the destination are yours. This includes charges billed to us because our name is on the export paperwork, and you will reimburse us for them on demand. This obligation continues after the piece has been delivered.

You must clear the piece and take it out of the customs or bonded warehouse within the free period allowed, give us correct consignee details and any customs registration number needed before despatch, and tell us at once of any delay, customs hold or failed delivery. If you do not respond, you authorise us to give instructions to the carrier, warehouse or customs authority on your behalf, including to return or re-export the piece. If a consignment is abandoned, we may return, re-export, store or sell it at your cost, and you will pursue, or assign to us, any claim against a carrier or warehouse at fault.

Some pieces need a CITES certificate, or an export permit from the Swedish National Heritage Board (Riksantikvarieämbetet) or the EU. We check this before a piece is offered, and a piece needing an Annex A CITES certificate is not offered for sale until we hold one. Where a permit is needed for despatch we apply for it and despatch depends on it being granted; if it is refused, either of us may cancel and we refund the price.

10. If something is wrong

Tell us as soon as you can, with photographs, and keep the packing.

If you are a consumer, you have the right to complain about faults under mandatory consumer law. Complaints may be sent to [email protected] or Jackson Design AB, Frihamnsgatan 50, 115 56 Stockholm.

11. Changing your mind

If you are a consumer habitually resident in the European Economic Area and the purchase was concluded at a distance, by our website, email or telephone, you may cancel within 14 days of receiving the piece. We give you the instructions and the standard cancellation form before you commit. For a consumer resident outside the EEA these terms give no right to cancel.

If you are purchasing privately at a distance, you may withdraw from the purchase within 14 days of receiving the piece. Notify Jackson Design AB clearly at [email protected] or Frihamnsgatan 50, 115 56 Stockholm. You must send the piece back within 14 days after notifying us. You must arrange and pay the return transport, estimated at approximately the delivery charge we quote for this order. The original packing should be used and it should be packed in the same manner as it was originally packed. The piece and packing should be photographed before collection. We will refund your payments, including standard outbound delivery, within 14 days of your notice, using the same payment method. We may wait until the piece has been returned and the condition has been checked. We may deduct the actual loss in value caused by handling beyond what was necessary to examine the piece.

Withdrawal form: To Jackson Design AB, Frihamnsgatan 50, 115 56 Stockholm, [email protected]. I/We hereby give notice that I/We withdraw from the contract for the following goods: [object/order reference]. Ordered on/received on: [date]. Name: [name]. Address: [address]. SixtyDate: [date]. Signature: [only if submitted on paper].

There is no right to cancel where the purchase was concluded in person at our gallery or at our stand at a fair, or for a piece made or restored to your own specification.

Trade buyers have no right of return.

12. Identity, money laundering and sanctions

Some of our transactions require us to identify our client and, in some cases, to establish the source of funds and the beneficial owner, and to screen against sanctions lists. A sale is conditional on those checks, which we complete before we are committed and before we release the piece. Payment must come from an account in your own name; we may approve another payer in advance and in writing, and we do not accept cash. Where the law requires it we may decline or cancel a sale, and we cannot always tell you why.

13. Data, law and disputes

We handle personal data in accordance with our privacy notice, which is publish at www.jacksons.se/privacy.

Swedish law governs these terms. If you are a consumer you keep the protection of the mandatory law of the country where you live, and you may refer a dispute to the Swedish National Board for Consumer Disputes, Allmänna reklamationsnämnden (ARN), Box 174, 101 23 Stockholm, www.arn.se, which charges a fee of SEK 150 and issues recommendations. For trade buyers, the Swedish courts have exclusive jurisdiction and Stockholm District Court (Stockholms tingsrätt) is the court of first instance; the UN Convention on Contracts for the International Sale of Goods does not apply.