AUCTION TERMS AND CONDITIONS – HORSEDEALS

 

 General

 

The (online) auction on the website **horsedeals.auction** is organized by **HorseDeals B.V.**, hereinafter referred to as *HorseDeals*, having its registered office at Nieuwe Hoeksweg 10, 7467 PK Notter, the Netherlands.

 

Via the aforementioned website, HorseDeals offers for sale straws of stallion semen (frozen and fresh), (frozen) embryos, as well as horses and ponies, hereinafter referred to as the *Lot*.

 

These auction terms and conditions apply to all offers made by HorseDeals on the website **horsedeals.auction**.

 

All items offered for sale through the auction are owned by and/or in the possession of HorseDeals.

 

Accordingly, a direct purchase agreement is concluded between HorseDeals on the one hand and the bidder/buyer on the other hand, hereinafter referred to as the *Bidder/Buyer*.

 

These auction terms and conditions apply exclusively to the legal relationship between HorseDeals and the Bidder/Buyer and their legal successors.

 

Any deviations from or additions to these terms and conditions shall only be valid if expressly agreed upon in writing.

 

Should any provision of these terms and conditions be declared invalid or unenforceable, the remaining provisions shall remain in full force and effect.

 

Registration

 

By registering with HorseDeals in order to participate in the auction, the Bidder/Buyer confirms having taken note of and agreed to these auction terms and conditions, to the exclusion of any terms and conditions used by the Bidder/Buyer.

 

Prior to the commencement of the auction, the Bidder/Buyer must register with HorseDeals and, upon request, properly identify him- or herself.

 

Upon first request and to the satisfaction of HorseDeals, the Bidder/Buyer must demonstrate creditworthiness.

 

If the Bidder/Buyer does not meet the aforementioned requirements, HorseDeals may deny participation in the auction.

 

HorseDeals furthermore reserves the right at all times to refuse or unilaterally terminate registration, participation in the auction, and/or any bid placed.

 

Personal Data

 

HorseDeals uses personal data solely for the purpose for which it was provided, namely the organization and execution of the auction. The privacy statement of the auction organization can be consulted via the website.

 

HorseDeals takes all reasonable measures to protect its systems against loss of data and/or any form of unlawful use and applies appropriate technical and organizational security measures.

 

 

 

 Auction Procedure

 

The auction is conducted by ascending bids. Each bid is binding and shall be deemed irrevocable and unconditional.

 

The Bidder/Buyer is deemed to be fully legally competent and of sound mind. If multiple persons declare that they have jointly placed a bid, each shall be jointly and severally liable for the obligations arising therefrom.

 

At the conclusion of the auction, the Lot shall be awarded to the highest bidder.

 

The second-highest Bidder/Buyer is obliged to honor his or her bid in the event that the highest bid is declared invalid or is not fulfilled, for example because the highest bidder fails to meet his or her obligations or because the agreement with the highest bidder is otherwise not concluded.

 

If no bid is placed, the Lot shall remain unsold.

 

All bids and payments shall be made in euros.

 

The website displays an indicative closing time per Lot. If a bid is placed during the final five (5) minutes before closing, the auction for that Lot shall automatically be extended by five (5) minutes. The extended time shall become the new indicative closing time.

 

HorseDeals has discretionary authority regarding the conduct of the auction and may decide, inter alia, not to auction one or more Lots, to refuse or invalidate a bid, to suspend, resume, extend, prematurely terminate or cancel the auction, and/or to take any other measures deemed necessary.

 

The Bidder/Buyer acknowledges and accepts the special circumstances inherent in an online auction and any (technical) imperfections that may occur. HorseDeals shall not be liable in this respect.

 

Transfer of Risk

 

HorseDeals publishes all available veterinary information and all known information regarding any defects on the website **horsedeals.auction**.

 

The Bidder/Buyer accepts the Lot in the condition in which it is at the time of sale. The sale is conducted on an “as is, where is” basis, and all risks shall pass to the Bidder/Buyer upon award.

 

HorseDeals provides no warranties, including with respect to hidden defects.

 

Risk shall pass from HorseDeals to the Bidder/Buyer at the moment of award.

 

Until HorseDeals has received full payment from the Bidder/Buyer, the Lot—if consisting of a horse or pony—shall not be released. Storage costs shall be borne by the Bidder/Buyer. If the awarded Lot has not been collected within fourteen (14) days after the auction, HorseDeals shall charge EUR 20 per day, without prejudice to its right to charge the actual costs incurred.

 

All costs incurred at the request of the Bidder/Buyer shall be borne by the Bidder/Buyer at all times, including but not limited to costs related to export, transport, export documentation and testing, regardless of whether test results are positive or negative.

 

If the Lot concerns a foal, it shall not be delivered to the Bidder/Buyer before the age of five (5) months. HorseDeals shall inform the Bidder/Buyer in due time regarding the collection date.

 

 

 

 

 Registration, Costs and Payment

 

Immediately after the auction, the Bidder/Buyer must pay the purchase price plus a buyer’s premium of 12% (excluding VAT) calculated on the purchase price (excluding VAT), in euros, without any discount or set-off.

 

In the event of default, HorseDeals is entitled to immediately re-auction the Lot or award it to the second-highest bidder, whereby the original highest bid shall not be reconsidered. The original Bidder/Buyer shall be liable to pay the difference between his or her bid and the lower final purchase price, as well as the costs of re-auctioning.

 

The Bidder/Buyer shall have no claim in the event of a higher yield after re-auction.

 

If HorseDeals has not received full payment within fourteen (14) days after the auction, the Bidder/Buyer shall be in default by operation of law. In addition to other amounts due, the Bidder/Buyer shall owe HorseDeals compensation equal to 12.5% (excluding VAT) of the purchase price (excluding VAT). The total amount due shall accrue interest at a rate of 1.5% per month from the auction date until full payment.

 

If HorseDeals has not received full payment within five (5) days after the auction, HorseDeals is also entitled to dissolve the purchase agreement without prior notice of default. In that event, the Bidder/Buyer remains fully liable for all payment obligations set out in these auction terms and conditions.

 

Delivery of the Lot

 

Immediately after award, the Bidder/Buyer shall be responsible for the care of and liable for any damage to the Lot and/or damage caused by the Lot.

 

The Bidder/Buyer is obliged to collect the purchased Lot at the place and time determined by HorseDeals and within the specified period, upon presentation of valid identification.

 

If the Bidder/Buyer fails to collect the Lot in time, he or she shall be in default by operation of law. HorseDeals shall then be entitled to remove and, if necessary, store the Lot elsewhere, with all reasonable costs incurred being borne by the Bidder/Buyer. The Bidder/Buyer remains responsible for the care of and liable for damage to and/or caused by the Lot.

 

Only after the Bidder/Buyer has fully complied with all (payment) obligations may the Bidder/Buyer dispose of the Lot.

 

Liability

 

Although HorseDeals strives to provide information as complete and accurate as possible, HorseDeals shall not be liable for the correctness or accuracy of the information on the website. HorseDeals shall also not be liable for the accuracy of veterinary reports or veterinary information.

 

All liability of HorseDeals is excluded, except in cases of intent or gross negligence on the part of HorseDeals.

 

Intra-Community Supply

 

If an auctioned Lot is transported to another Member State of the European Union at the request of the Bidder/Buyer and the Bidder/Buyer requests application of the VAT zero rate, the Bidder/Buyer remains obliged to pay the full amount including VAT.

 

Upon submission of all required documentation and fulfillment of all legal requirements for a valid intra-Community transaction, the VAT amount shall be refunded to the Bidder/Buyer.

 

 

 

 

Applicable Law and Jurisdiction

 

In the event of a dispute regarding which bid was the last bid placed, or in the event of any other difficulties, ambiguities or disputes arising in connection with bids and/or the award, the organization of HorseDeals shall be authorized to issue a binding decision.

 

All legal relationships between HorseDeals and the Bidder/Buyer shall be governed exclusively by Dutch law, with the express exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Any disputes shall be exclusively submitted to the competent court of the **District Court of Overijssel, location Almelo**.

 

In the event of discrepancies, the Dutch text shall prevail. Any translation of these auction terms and conditions into a language other than Dutch is provided for informational purposes only.