HENGSTENBOER 2.0 Online auction conditions
- The horsedeal.auction online auction is organized by Hengstenboer 2.0, a sole proprietorship registered with the Chamber of Commerce under number: 74543393 and located in Stolwijk.
Location address: Ypeloweg 39
7642 NT Wierden
- Hengstenboer 2.0 acts as an auction service. Hengstenboer 2.0 is also the seller of semen straws, frozen embryos, embryos which have already been inserted into a surrogate mare, pregnant mares and foals.
Registration and participation
- Prior to participating in the online auction, the buyer must register via the website.
- Participation in this auction implies that the buyer explicitly and without reservation agrees to these auction terms and conditions and acknowledges that both the auction costs of 12% (to be increased with the applicable 21% VAT) and the amount of 9% VAT on the purchase price are due.
Bids and purchase
- Bids and payments are made in EURO.
- When placing a bid, the bidder is deemed to bid for himself and is personally liable for the obligations arising from his bid. If the bidder declares that he is acting on behalf of a third party, he/she shall remain fully liable for the obligations arising from that bid towards Hengstenboer 2.0 in addition to this third party.
- Prior to an auction, Hengstenboer 2.0 will announce the closing date of the auction. If a bid for a lot is made in the last five minutes before this previously announced closing time, the closing time of the auction is (always) extended by five minutes until no new bid is made. The extra time will be the new indicative closing time.
- The purchase is made by making bids and allocating to the highest bidder after receipt of the purchase price (whether or not plus VAT).
- Dutch law applies to the purchase made under these auction conditions.
- An auctioneer to be appointed and designated by Hengstenboer 2.0 will supervise the auction. The auctioneer will prepare an official report on the allocation of the bid.
- The sperm straws, the frozen embryos, the embryos which have already been inserted into a surrogate mare, the pregnant mares and the foals are auctioned "as is, where is" or in other words "in the state in which - and how and where - they are" at the time of the auction.
- The risk with regards to the semen straws as well as the frozen embryos, as well as the embryos which have already been inserted into a surrogate mare as well as the pregnant mares and the foals is transferred immediately after the bid has been awarded to the buyer. The purchase price is immediately due and payable at the time the bid is awarded.
- After the auction and receipt of payment, the buyer and Hengstenboer 2.0 will agree on the delivery of the semen margins and/or the frozen embryos and/or the embryos which have already been inserted into a surrogate mare and/or the pregnant mares and/or the foals. Unless otherwise agreed between Hengstenboer 2.0 and the buyer, the buyer must collect the semen straws and/or the frozen embryos and/or the embryos which have already been inserted into a surrogate mare and/or the pregnant mares and/or the foals after the auction at the offices of Hengstenboer 2.0. The semen straws and/or the frozen embryos and/or the embryos which have already been inserted into a surrogate mare and/or the pregnant mares and/or the foals must in any case be collected within thirty (30) after the auction. After these thirty (30) days, Hengstenboer 2.0 is entitled to charge storage costs to the buyer.
Payment and retention of title
- Payment of an invoice of Hengstenboer 2.0 shall at all times take place, without suspension or set off, within 14 days of the invoice date by means as stated by Hengstenboer 2.0 and in the same currency as the invoice from Hengstenboer 2.0, the aforementioned term constitutes a fatal term.
- If the buyer fails to pay the invoice timely, the buyer shall be in default by operation of law and shall owe interest for overdue payment of 1% per month, taking into account that a part of a month shall be considered as a full month.
- All extrajudicial and judicial costs Hengstenboer 2.0 has to make to collect its invoices shall be for the account of the buyer. Extrajudicial costs will be charged to the buyer at a fixed sum of 15% of the amount to be collected with a minimum of EUR 250,00.
- The ownership of the semen straws and/or the frozen embryos and/or the embryos which have already been inserted into a surrogate mare and/or the pregnant mares and/or the foals shall only be transferred to the buyer if the buyer has paid everything he / she owes Hengstenboer 2.0 on the basis of the semen margins or sperm cells agreement concluded in this regard.
- Hengstenboer 2.0 offers the buyer no guarantee with regard to the semen straws, the frozen embryos, the embryos which have already been inserted into a surrogate mare, the pregnant mares and the foals that are auctioned via horsedeal.auction.
- Hengstenboer 2.0 shall not be liable except in the event of wilful misconduct or gross negligence of its side.
- If and insofar Hengstenboer 2.0 is liable for any damage, this liability is limited to the amount paid out in the specific case by its insurance company, plus the excess under this insurance.
- If and insofar for any reason the insurance company of Hengstenboer 2.0 declines to pay the claim, the liability of Hengstenboer 2.0 is limited to a maximum amount of € 2.500,00.
Claim for damages
- A claim for damages expires in any case 12 months after the buyer becomes aware of the damage, which directly or indirectly results from a directly or indirectly resulted from an event or circumstance for which Hengstenboer 2.0 is or may be liable.
- For the purpose of the agreement, Hengstenboer 2.0 is free to make use of services of third parties, as it considers necessary for the operation of the agreement.
- Third parties cannot derive any rights from the work performed by Hengstenboer 2.0 in connection with the agreement.
- The buyer shall indemnify Hengstenboer 2.0 against third-party claims.
- Hengstenboer 2.0 has the right, in its discretion, to suspend the fulfilment of its obligations under the agreement or to terminate the agreement either partially or entirely without judicial intervention by notifying the buyer in writing and without the obligation of Hengstenboer 2.0 to pay any compensation, unless this would be in the given circumstances to the criteria of reasonableness and fairness be unacceptable.
- Force majeure means in accordance to article 75 of book 6 of the Dutch Civil Code every shortcoming that cannot be attributed to Hengstenboer 2.0, as it is not due to the fault of Hengstenboer 2.0 and is not attributable to Hengstenboer 2.0 under any law or generally accepted principles.
- For the establishment and the performance of the agreement, Hengstenboer 2.0 requires the buyer to provide personal data. The personal data of the buyer shall be processed by Hengstenboer 2.0 in accordance with the General Data Protection Regulation.
Applicable law and competent court
- Dutch law is applicable to all the legal relations between Hengstenboer 2.0, the bidder and the buyer, including any liability claims.
- All disputes will be in the first instance exclusively resolved by the competent court in the district of Gelderland.