HorseDeals BV Online auction conditions
- The horsedeals.auction online auction is organized by HorseDeals BV, a sole proprietorship registered with the Chamber of Commerce under number: 74543393 and located in Stolwijk.
2821 VZ Stolwijk
- HorseDeals BV acts as an auction service. HorseDeals BV 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 HorseDeals BV in addition to this third party.
- Prior to an auction, HorseDeals BV 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 HorseDeals BV 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 HorseDeals BV 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 HorseDeals BV 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 HorseDeals BV. 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, HorseDeals BV is entitled to charge storage costs to the buyer.
Payment and retention of title
- Payment of an invoice of HorseDeals BV shall at all times take place, without suspension or set off, within 14 days of the invoice date by means as stated by HorseDeals BV and in the same currency as the invoice from HorseDeals BV, 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 HorseDeals BV 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 HorseDeals BV on the basis of the semen margins or sperm cells agreement concluded in this regard.
- HorseDeals BV 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 horsedeals.auction.
- HorseDeals BV shall not be liable except in the event of wilful misconduct or gross negligence of its side.
- If and insofar HorseDeals BV 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 HorseDeals BV declines to pay the claim, the liability of HorseDeals BV 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 HorseDeals BV is or may be liable.
- For the purpose of the agreement, HorseDeals BV 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 HorseDeals BV in connection with the agreement.
- The buyer shall indemnify HorseDeals BV against third-party claims.
- HorseDeals BV 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 HorseDeals BV 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 HorseDeals BV, as it is not due to the fault of HorseDeals BV and is not attributable to HorseDeals BV under any law or generally accepted principles.
- For the establishment and the performance of the agreement, HorseDeals BV requires the buyer to provide personal data. The personal data of the buyer shall be processed by HorseDeals BV in accordance with the General Data Protection Regulation.
Applicable law and competent court
- Dutch law is applicable to all the legal relations between HorseDeals BV, 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.