HORSEDEALS BV online auction conditions
- The horsedeals.auction online auction is organized by HorseDeals BV, a limited liability company organized the laws of the Netherlands registered with the Chamber of Commerce under number: 80753051 and located in Stolwijk.
Location address: Zwanendreef 27
2821 VZ Stolwijk
VAT registration: NL861787213B01
- Auction service
- HorseDeals BV acts as an auction service. HorseDeals BV is also the seller of semen straws, foals, broodmares and surrogate mares.
- 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 the applicable VAT rate calculated 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, foals, brood mares and surrogate mares 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 and/or the foal and/or the brood mare and/or the surrogate mare 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 foal and/or brood mare and/or surrogate mare. Unless otherwise agreed between HorseDeals BV and the buyer, the buyer must collect the semen straws and/or the foal and/or the brood mare and/or the surrogate mare after the auction at the offices of HorseDeals BV. The semen straws must in any case be collected within thirty (30) days after the auction. After these thirty (30) days, HorseDeals BV is entitled to charge storage costs to the buyer. The foal must in any case be collected once it has reached the age between four-and-a-half (4,5) or five (5) months. After this period, HorseDeals BV. is entitled to charge the buyer € 25,- per day for stabling and care of the foal until the day of delivery of the foal. The brood mare and/or surrogate mare must in any case be collected within thirty (30) days after the auction. After these thirty (30) days, HorseDeals BV is entitled to charge the buyer € 25,- per day for stabling and care of the brood mare and/or surrogate mare until the day of the delivery of the brood mare and/or surrogate mare.
- The buyer should, if desired, take out insurance to cover any possible unforeseen risks that may occur with the semen straws and/or the foals and/or the brood mare and/or the surrogate mare, such as but not limited to transport risks, sickness, death, accidents and (permanent) disability due to sickness, defects or any other cause. HorseDeals BV. does not ensure this.
- 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 foals and/or brood mare and/or surrogate mare 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 and/or foals and/or brood mare and/or surrogate mare agreement concluded in this regard.
- Guarantee and acceptance
- HorseDeals BV offers the buyer no guarantee with regard to the semen straws that are auctioned via horsedeals.auction. All risks in this regard shall be borne by the buyer.
- HorseDeals BV offers the buyer no guarantee with respect to the foal’s and/or brood mare’s and or surrogate mare’s state of health, future breeding or sport abilities or any other purpose/ability that are auctioned via horsedeals.auction. Any risk in this respect are the sole responsibility of the buyer.
- Prior to the auction the foals, brood mares and surrogate mares have been examined by a veterinarian by or on the instructions of HorseDeals BV. The health declarations made in that context are accessible to everyone and can be consulted and downloaded from horsedeals.auction and can also be stored for personal use. Just before the delivery of the foal and/or brood mare and/or surrogate mare, the foal and/or brood mare and/or surrogate mare will be examined again by a veterinarian on behalf of HorseDeals BV. The health certificate that will be drawn up in that context will be provided to the buyer by HorseDeals BV.
- 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.
- Third parties
- 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.
- Force majeure
- 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.
- Personal data
- 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 Rotterdam.