AUCTION CONDITIONS PAARDENVEILINGONLINE B.V.
These Auction Terms are divided into:
I CONDITIONS GENERAL
II CONDITIONS BUYER
III CONDITIONS SELLER
In these Terms and Conditions of the Auction, the following terms are used in the following sense, unless expressly stated otherwise.
The Seller's registration with Paardenveilingonline B.V. to offer a Horse for Auction on behalf of the Seller;
The written confirmation by the Purchaser and the Seller that the Horse auctioned and sold by the Seller has been delivered to the Purchaser or has been purchased by the Purchaser from the Seller;
The amount bid by a bidder/Buyer at an Auction for a Horse and accepted by the Seller, on the basis of which the Horse is awarded to the Buyer;
A person, legal entity or partnership participating in the Auction as Seller, bidder and/or as Buyer;
The confirmation of Paardenveilingonline B.V. on behalf of the Seller that the bid of the Buyer is accepted as the highest bid and that the Horse on which the Buyer has bid is awarded and sold to the Buyer. This confirmation will be recorded in writing by Paardenveilingonline B.V. in the Purchase Agreement;
The written record of the agreement created by the Award, whereby the Buyer purchases the Horse auctioned by Paardenveilingonline B.V. from the Seller;
The Settlement Amount with the Auction Costs, total increased by the VAT applicable at that time;
The natural or legal person who as bidder has been awarded the auctioned Horse;
Horse or Horses
The horses, foals and/or embryos offered by Paardenveilingonline B.V. at its Auctions;
The auctions organized and facilitated by Paardenveilingonline B.V. whereby Paardenveilingonline B.V., as an intermediary on behalf of Sellers, offers and sells Horses in public to the highest bidder;
A fixed amount or percentage by which the Settlement Amount is increased;
The natural or legal person who has commissioned Paardenveilingonline B.V. to sell one or more of his/her Horses in his/her name and for his/her account by means of an Auction.
I TERMS AND CONDITIONS GENERAL
1.1 Paardenveilingonline B.V. is a private company with limited liability, registered in the Trade Register of the Chamber of Commerce under number 77933834, hereinafter referred to as Horse Auctiononline.
1.2 Horse Auctiononline organizes and facilitates Auctions, without being or becoming a party in the conclusion of Purchase Agreements between Sellers and Buyers. Auctions can take place both physically on location and online through the auction website of Horse Auctiononline.
1.3 These Auction Conditions apply to the legal relations between Horse Auctiononline and each Participant in an Auction, as well as to all Purchase Agreements concluded during the Auction and agreements resulting from it. Applicability of other (general) conditions is excluded.
1.4 All stipulations in these Terms and Conditions of the Auction are also made for the benefit of all those who are or were working for, on behalf of and/or on behalf of Paardenveilingonline. They can directly appeal to the stipulations of these Conditions of the Auction, as if they were Horse Auctiononline themselves.
1.5 These Terms and Conditions of the Auction are available for inspection at the office of Horse Auctiononline, can be viewed on the website and are always brought to the attention of the Participants in the Auction before the start of an Auction.
2.1 An Auction takes place on a date and time determined by Horse Auctiononline. Horse Auctiononline determines the course of events prior to and during the Auction. It has the authority not to auction one or more Horses, not to acknowledge a bid and declare it invalid, to suspend, resume, extend or cancel the Auction or to take other necessary measures, all according to its findings.
2.2 Horse Auction Online attempts to compose the contents of its (digital) catalogs as carefully as possible and to give, with the information thus presented, an impression of the nature and quality of the Horse that is offered for Auction, however, without intending to be complete. No rights can therefore be derived from the contents of these catalogs.
2.3 If a veterinary examination of the Horse offered at the Auction forms part of the selection procedure, then the veterinary examination reports are available to the Participants in the Auction. The inspection reports are binding for all parties.
2.4 Participants who wish to bid and/or buy during an Auction, have to register as such in the manner indicated by Horse Auctiononline. Horse Auctiononline has the right to refuse any person access to and/or (further) participation in and/or registration for the Auction, or to impose (further) conditions, without having to state any reasons. Participants who wish to have a Horse auctioned and sold must register as a Seller using the Registration Form.
2.6 An online Auction closes on a date and time indicated in advance. The duration of the online Auction is indicated on the auction website. If a bid is placed in the last five minutes before the indicated closing time, the closing time is (always) extended by five minutes. Final closing then takes place five minutes after the last bid.
2.7 A physical Auction is conducted by an auctioneer appointed by Horse Auctiononline under the supervision of a notary appointed by Horse Auctiononline.
2.8 Horses offered at the Auction are sold in Euros "at bid" with a minimum opening bid known at the Auction, unless otherwise indicated by Horse Auctiononline. At each Auction there is only an invitation by the Seller to make a bid.
3. Sale / Award
3.1 A bidder/Buyer will be bound to his/her bid until a possible higher bid follows. If no higher bid follows, the Horse will be awarded to the bidder/Buyer by Horse Auction Online for the amount of this highest bid.
3.2 By the Allotment a Purchase Agreement is established between Buyer and Seller. Paardenveilingonline records the Allotment in writing in the Purchase Agreement and sends it on behalf of the Seller to the Buyer, who returns it completed and signed to Paardenveilingonline within 7 calendar days after the Allotment. The Buyer will also receive an invoice, on which the Purchase Price is stated.
3.3 All offered Horses are auctioned and sold in the state and condition in which they are at the time of Allotment. Horse Auctiononline does not accept any liability for the state, condition or value of the auctioned Horses.
3.4 During an Auction an embryo can also be auctioned together with a surrogate mother. In such cases, the price of the embryo will be increased by the price for the surrogate mother. Consultation between the Seller/owner of the surrogate mother and the Buyer will in such cases determine whether the surrogate mother will be sold or leased or whether another solution will be chosen for the use and/or ownership of the surrogate mother. The total Buyer's costs will therefore consist of the Settlement Amount for the embryo plus the remuneration for the surrogate mother and the Auction Costs plus VAT and will have to be paid as described in these Auction Conditions.
4. Purchase price and VAT
4.1 Purchase/sale of a Horse is subject to VAT. Prior to the Auction, it will be made known for each Horse whether a margin scheme applies and/or under which VAT rate the Horse in question will be auctioned. VAT rates are subject to change. VAT is calculated on the Settlement Amount plus the Auction Charge and is then part of the Purchase Price.
4.2 If an auctioned and sold Horse is delivered and transferred outside the Netherlands to another EU country, at the request of the Buyer, and if the Buyer has requested that the zero rate of VAT be applied to the invoice, the Buyer is liable if it appears that the application of the zero rate of VAT was not justified. In that case the Buyer is obliged to pay the amount that would have been due if the Horse had been delivered and transferred in the Netherlands.
4.3 Horse Auction Online is entitled to claim from the Buyer in advance payment of the VAT rate applicable in the Netherlands. The Buyer is obliged to pay this promptly, even if the Buyer believes that the zero VAT rate applies. Only after the sold Horse has been delivered outside the Netherlands to another EU country and Buyer has proven that the conditions for application of the VAT zero rate are met, HorseAuctiononline will refund the undue amount to Buyer.
4.4 The Buyer indemnifies Paardenveilingonline against all claims in this respect as well as for any resulting damage and costs.
5. Delivery / acceptance
5.1 Delivery or acceptance only takes place after the full amount owed by the Buyer has been received by HorseAuctionOnline. The risk of the Horse is transferred to the Buyer at the time of allotment, unless the foal is less than 5 months old, as stipulated below. Seller is not authorized to deliver the Horse to Buyer without prior written consent of Horse Auctiononline. As long as Horse Auctiononline has not received full payment, pursuant to whatever agreement, the Seller remains the owner of the auctioned Horse and Horse Auctiononline retains a lien on the Horse.
5.2 Seller is obliged to deliver the purchased Horse to Buyer not later than 14 calendar days after Horse Auctiononline has received full payment, and Buyer is obliged to take delivery of the Horse from Seller within that period. Exceptions are foals younger than 5 months. In those cases the Seller is obliged to leave the foal with the mare, without the Buyer being liable for any compensation. The delivery of the purchased Horse will be confirmed in writing by means of the Delivery Receipt, which will be signed by Buyer and Seller and sent directly to Horse Auction Online.
5.3 If Buyer for any reason whatsoever does not take delivery of the Horse, Buyer will be in default towards Seller and is also obliged to compensate Seller for damages, without prejudice to Seller's other rights. In that case the Buyer is obliged to pay all related costs, including the stabling and grooming costs of the Horse. Excepted is the sale to a consumer-Buyer who makes use of his/her right of withdrawal, as provided below.
5.4 The actual delivery of a foal sold at the Auction shall take place at an address in the Netherlands to be indicated by the Buyer. Until the moment of actual delivery, a foal that is less than 5 months old remains at the expense and risk of Seller, but must be delivered by Seller and received by Buyer no later than 7 calendar days after the foal has reached the age of 5 months.
5.5 The transfer of the Horse will be arranged in mutual consultation between Buyer and Seller. Seller shall ensure that upon acceptance/delivery of the Horse the applicable passport and other documents are also given to Buyer.
5.6 The Buyer must exercise caution when taking delivery of the Horse, take to heart the information provided by or on behalf of the Seller and follow instructions carefully and unconditionally. Buyer is liable for damage caused at or in the frame of the purchase/delivery of the purchased Horse and will indemnify Horse Auction Online and Seller against claims of third parties in this respect.
5.7 The Seller and Buyer are obliged, within 7 calendar days after the Horse has been taken delivery of/delivered, to notify Horse Auctiononline in writing by sending the Proof of Delivery to info@horseauctiononline.
5.8 If the Buyer is of the opinion that the Horse has a (stable) defect or otherwise does not comply with the agreement after the actual delivery, the Buyer can no longer appeal to this if he has not, in case of a stable defect within 7 calendar days and in case of other defects, notified the Seller thereof by registered mail within 21 calendar days after the Auction Date. The Buyer shall ensure that Horse Auctiononline receives a copy of that notification within the stipulated period.
6. Transfer of Ownership and Right of Revocation
6.1 The ownership of the sold Horse is transferred to the Buyer at the moment of delivery/acceptance if all conditions for a legally valid transfer are fulfilled and if the complete Purchase Price and any other amounts owed by the Buyer have been received by Paardenveilingonline, also on behalf of the Seller.
6.2 If the Buyer is not acting in the course of a profession or business, in case of an online Auction, a cooling-off period of 14 calendar days applies, during which this consumer-Buyer may dissolve the Purchase Agreement without giving reasons and may return the Horse. The cooling-off period shall commence on the day after the Consumer-Buyer or a third party appointed by the Consumer-Buyer, who is not the carrier, has received the Horse or on which the Horse has been delivered to the Consumer-Buyer or that third party.
6.3 If the Consumer-Buyer wishes to rescind the Purchase Agreement within the cooling-off period, he/she must notify the Seller explicitly and unequivocally within the cooling-off period in writing or electronically with the simultaneous or as soon as possible return or return of the Horse. Dissolution of the Purchase Agreement by the Consumer-Buyer shall result in the dissolution of all ancillary agreements.
6.4 The return of the Horse shall take place at the expense and risk of the Consumer-Buyer. The Horse must be returned to the Seller within 7 calendar days after the Consumer-Buyer's declaration of rescission and as far as possible in the same good condition in which the Horse was delivered.
6.5 Once the Seller has received the Horse back, it will reimburse the Purchase Price to the Consumer-Buyer in the same currency in which the Horse was paid.
6.6. If the Consumer-Buyer exercises his/her right of withdrawal before the Horse has actually been delivered or if he/she otherwise abuses his/her right of withdrawal, the resulting costs shall be for his/her account.
7.1 Horse Auctiononline accepts no liability for damage, direct or indirect, on any account, of whatever nature and extent, caused by or resulting from:
- information provided by it,
- default of third party (parties), including Participant (s),
- the inability, for whatever reason, to transfer the auctioned Horses,
- circumstances prior to, during and/or after the Auction and caused by or to persons, goods and/or Horses.
7.2 Any liability of Horse Auctiononline on whatever account and of whatever nature, is at all times limited to a maximum amount of € 5,000.00. Claims for compensation expire one year after the day on which a Participant or a third party became aware of the damage and the liability of Paardenveilingonline therefor.
7.8 Participants take part in the Auction at their own expense and risk. No insurances are taken out by HorseAuctiononline on behalf of Participants and/or auctioned or to be auctioned Horses.
8. Applicable law and disputes
8.1 The legal relationship between HorseAuctiononline and the Participants in the Auction, as well as the legal relationship between the Seller and the Buyer, is governed by Dutch law, excluding the Vienna Sales Convention.
8.2 If during the Auction a dispute arises about the course of events during the Auction, Horse Auctiononline is authorized to pronounce a binding judgment and is authorized to continue the Auction (by bidding). If Horse Auctiononline requests a civil-law notary or another authorized person to pass judgment on the course of events during the Auction, the latter will pass a binding and irrevocable judgment for all parties.
8.3 Disputes, other than those that are subject to the judgment of Horse Auctiononline or the civil-law notary, will be settled by the competent judge of the Central Netherlands Court. The handling of the case will be in the Dutch language.
9.1 Horse Auctiononline is entitled to change these Terms and Conditions of the Auction unilaterally. In case of changes, the new Terms and Conditions of the Auction apply as of the first following Auction.
9.2 If a provision in these Terms and Conditions of the Auction is or becomes null and void or invalid, the validity of the other provisions is not affected. In such a case, the provision will be replaced by a new one, taking into account, as much as possible, the purport of the void/invalid provision.
9.3 In the event of discrepancies between translations of these Auction Terms and Conditions and the Dutch text of the Auction Terms and Conditions, the Dutch text prevails.
II CONDITIONS BUYER
10. Bidding / buying
10.1 Each Participant who registers as a bidder and/or buyer, receives a strictly personal user name and password which enables access to the bidding system. Bidder is responsible for what takes place at an online Auction and results from use of his/her data, user name and password.
10.2 Bids are placed digitally. The bidding steps are indicated per Auction. The highest bid per horse is indicated on the auction site of Paardenveilingonline.
10.3 Every bid made is an irrevocable and unconditional offer to the Seller. Bidders are considered to bid for themselves, they are personally bound towards Horse Auctiononline and (after Award) towards the Seller for the obligations resulting from his/her bid, regardless of whether the bidder states to act on behalf of a third party.
10.4 Bidder bids at his/her own expense and risk and is bound to his/her bid until a higher bid is accepted. Bidder cannot rely on bidding errors, typing errors, other mistakes or technical problems when placing a bid in an Auction.
10.5 A bidder with the second highest bid is obligated to maintain his/her bid for 14 calendar days after the close of the Auction in case the highest bid is declared invalid or otherwise not fulfilled.
11. Buyer's Obligations
11.1 Pursuant to the Award and as a result of the Sales Agreement, the Buyer is obliged to pay the Purchase Price. Payment of the Purchase price must be made to Paardenveilingonline by transferring the amount, without any discount, settlement or suspension, to the bank account number made known by Paardenveilingonline, within 7 calendar days after the date of the Allotment.
11.2 If Buyer does not pay the Purchase Price or does not pay it on time, Buyer is in default and Horse Auctiononline is entitled to resell the auctioned and sold Horse immediately, without auction. The bid of the original Buyer is no longer valid. In the event of a resale, the Buyer is not entitled to any profit or additional proceeds. On the contrary, Buyer is obliged to reimburse Paardenveilingonline for any lesser proceeds. Paardenveilingonline is authorized to regard the Purchase Agreement as dissolved on behalf of Seller and without his consent, without notice of default.
11.3 In that case, Buyer has no right to compensation or damages, but is obliged to pay the damage and costs suffered by Horse Auctiononline, fixed at 10% of the Settlement Amount. If Horse Auctiononline is forced to take collection measures against the Buyer, the Buyer is liable for the involved (extra)judicial costs with a minimum of € 1.000,- excluding any VAT. Any right of the Buyer to set off or suspend payments is excluded.
11.4 If the Sales agreement is dissolved or is otherwise affected by the Seller or the Buyer, the Buyer remains liable to pay the Auction costs to Paardenveilingonline without prejudice to any other right of Paardenveilingonline in this respect, unless a consumer-Buyer makes use of his/her right of withdrawal.
11.5 The Bidder/Buyer is liable for all damages caused by him/her or in his/her sphere of risk and indemnifies Paardenveilingonline against claims from third parties in this respect, including but not limited to other Participants, regardless of the nature and extent.
III TERMS AND CONDITIONS OF THE SELLER
12. Registration and payment
12.1 By registering with the Application Form, Seller instructs Horse Auctiononline to auction and to sell by means of Allotment its Horse(s), whereby only Horses selected by Horse Auctiononline can participate in the Auction.
12.2 Upon registration, the Seller owes a registration fee to Horse Auctiononline. The amount of the entry fee is announced upon registration. Payment to Horse Auctiononline is made without discount, deduction or suspension within the term of payment as indicated in the Registration Form.
12.3 After Horse Auctiononline has received the Proof of Delivery, it will proceed to pay the amount owed by Horse Auctiononline to Seller, possibly reduced by the amount owed by Seller to Horse Auctiononline.
12.4 If, at the time that Horse Auctiononline has received the Proof of Delivery, the Buyer and/or Seller has not yet fulfilled all (payment) obligations towards Horse Auctiononline, Horse Auctiononline will only proceed to pay the amount owed by it to Seller after the last payment obligation has been fulfilled. Seller is not entitled to any set-off.
13.1 Seller will take care of providing Paardenveilingonline with the correct information for the contents of the (digital) catalog. Seller is obliged to check the contents of the catalogs for accuracy and to inform Horse Auctiononline in writing or electronically, not later than 14 calendar days prior to the Auction, about possible inaccuracies while simultaneously providing the correct information or the required amendments.
13.2 Horse Auctiononline sets the standards and determines the criteria that horses to be selected for the Auction must meet. Horse Auctiononline or a committee or jury appointed by Horse Auctiononline has the right to refuse a Horse without further motivation, even if the Horse was selected for the Auction before. Horse Auctiononline is not bound, on any grounds whatsoever, to reimburse the costs incurred by the Seller in this respect, on any account whatsoever.
13.3 A registered Horse that is not selected for participation in the Auction must be taken back immediately. The costs involved shall be borne by the Seller and the Seller remains fully bound to his/her payment obligations towards Horse Auctiononline.
13.4 Sellers remain responsible for the care and supervision of the Horse(s), also after registration. Horse Auctiononline shall not be liable, on any grounds whatsoever, for any costs incurred by Seller in connection with the Tender, selection and/or care and supervision.
14.1 Seller guarantees that the Horses to be offered and/or offered by him or her are healthy and suitable for the purpose for which they are offered at the Auction.
14.2 Seller guarantees the accuracy and completeness of the (results of) examinations of and about the Horses. The Seller indemnifies HorseAuctiononline against any claim, regardless of its nature and scope and regardless of from whom, for during or after the Auction with regard to a sold Horse, proving non-conformity.
14.3 Seller guarantees that during the selection procedure and the Auction the Horse has not been treated with unauthorized substances and is free of prohibited substances as referred to in the list of the Fédération Equestre Internationale (FEI). Horse Auction Online is entitled to take blood and/or urine samples during the selection process and prior to the Auction for research on prohibited substances.
14.4 If it appears that the Horse contains a prohibited substance or has been treated with illegal substances, the Seller is obliged to immediately take back the Horse. The costs involved will be for Seller's account and Seller will remain fully bound to his/her (payment) obligations towards Horse Auction Online.
14.5 Seller guarantees that delivery and transfer of ownership of the auctioned and sold Horse will take place free and unencumbered.
14.6 Seller indemnifies Horse Auctiononline for claims by Buyer and/or (a) third party (parties) in connection with non-compliance with these guarantees by or on behalf of Seller or any other claim by third parties.
14.7 Seller is liable for all damages caused by him/her or in his/her sphere of risk and indemnifies Horse Auctiononline against any claim by (a) third party (parties), including, but not limited to, other Participants, in respect of such damage, regardless of its nature and extent.
15.1 If no bid is made for a Horse offered for Auction, the Seller is obliged to buy back the Horse at the opening bid. In that case, the opening bid is regarded as the Settlement Amount. Upon redemption, the Seller owes a fixed amount of auction fees to Horse Auction Online.
15.2 A Seller who buys back a Horse offered for Auction by him is also considered to be a Buyer.
15.3 In case of a physical Auction, the Seller may, for all the Horses put up for Auction by the Seller, jointly name no more than two authorized representatives who will participate in the Auction on behalf of the Seller, in order to buy back the offered Horse during the Auction. Registration of an authorized representative must take place before the start of the Auction at Paardenveilingonline, by means of the prescribed form. An authorized person acts during the Auction at the expense and risk of the Seller. An act of an authorized representative shall be deemed to be an act of the Seller.
16. Non-participation after registration
16.1 If a registered and selected Horse does not participate in the Auction, the Seller will be in default without any notice and a fine as stated in the Application Form will be due immediately.
16.2 If, according to the Seller, an Enrolled Horse cannot participate in the Auction because of health reasons, the Seller must inform Horse Auctiononline of this immediately, in writing and with as detailed a description of the condition as possible, after which Horse Auctiononline will (have) assess the nature of the condition and will (have) determine whether or not the Horse can participate in the Auction.
16.3 If the Seller does not or does not sufficiently offer the opportunity to Horse Auctiononline to (timely) examine the Horse, or if the Horse has been approved by Horse Auctiononline, or a veterinary surgeon appointed by Horse Auctiononline, for participation in the Auction and nevertheless does not participate in the Auction, the Seller will owe Horse Auctiononline a fine as stated in the Application Form. If a Horse, whether approved or not, does not participate in the Auction, the Seller must pay the (veterinary) costs incurred by Horse Auctiononline in that respect, with a minimum amount of €1,000, excluding any VAT due.