Terms & Conditions

Online Auction Terms and Conditions

 

1. The online Auction is organised by a private limited liability company incorporated under the laws of Belgium and trading under the commercial name 160FOALS. The company is registered with the Belgian Crossroads Bank for Enterprises (CBE) under company number 0805.295.780.

2. Participation in this auction implies that every participant (buyer, seller, bidder, etc.) expressly and unconditionally acknowledges and accepts these Auction Terms and Conditions.

3. The Auction Organiser sells horses through an online auction which may be followed via its website, in the name and on behalf of third parties.

The Auction Organiser acts as an auction service provider.

The Auction Organiser acts as an intermediary between the Seller and the Buyer.

The Buyer must be of legal age and legally competent and must register through the Auction Organiser’s website before being entitled to participate in the Auction.

4. A Buyer wishing to place bids must register through the Auction Organiser’s website in the prescribed manner on the auction website before being entitled to participate in the Auction.

Such registration shall constitute unconditional acceptance of these Auction Terms and Conditions.

Furthermore, by participating in an Auction, the Buyer declares that he or she has the legal capacity to perform legal acts and declares that he or she is authorised to conclude a contract of sale relating to the Horse concerned.

The Auction Organiser reserves the right to refuse or unilaterally terminate registration and participation in an Auction at any time.

Upon first request of the Auction Organiser, the Buyer shall provide a valid proof of identity, failing which the Buyer shall not be permitted to participate in the Auction.

The Buyer shall ensure that all information to be provided to the Auction Organiser upon registration is complete, accurate and truthful and warrants the correctness and completeness of the information provided.

Should such information change at any time, the Buyer shall immediately notify the Auction Organiser of such change(s).

The username and password used by the Buyer for participation in the Auction are strictly personal and may not be transferred to third parties.

If the Buyer suspects that another person knows his or her password, the Buyer shall immediately notify the Auction Organiser thereof.

The Buyer shall be liable for and bound by all transactions taking place during the Auction resulting from the use of his or her username and/or password, including in cases of misuse where the Buyer has negligently handled his or her username and password.

5. The Buyer acknowledges and expressly agrees that the services available through the website are limited to technically enabling the Auction to be followed via the Internet and enabling participation in the Auction as a bidder.

The Auction Organiser shall have and accept no responsibility whatsoever for the organisation and conduct of the Auction through its website, including, without limitation, interruption of the website during the Auction or delays in the operation of the website during the Auction.

The Auction Organiser shall use its best efforts to protect its systems against loss of data and/or any form of unlawful use and shall take appropriate technical and organisational measures for that purpose.

In dealing with the Auction Organiser, the Buyer shall adequately secure the computer and/or any other device used to access the auction website and shall, in accordance with common practice, protect such device against viruses or other unlawful software or files which may be distributed via the Internet.

6. The horses shall be auctioned in the condition in which they are at the time of the Auction.

7. The sale shall be concluded in accordance with Belgian law by means of the Auction and allocation to the highest bidder following payment of the Settlement Amount, whether or not increased by VAT.

8. The Auction shall be supervised by a judicial officer appointed by the Auction Organiser, who shall draw up an official record of the allocation.

The judicial officer shall finally determine all disputes which may arise during the auction proceedings in connection with the Auction.

9. Bids and payments shall be made in EURO.

The Auction shall proceed according to the following bidding increments:

10. The private Buyer/consumer purchasing through this online Auction shall have a right of withdrawal of fourteen (14) days.

The original Buyer who validly exercises this right of withdrawal shall be required to pay the Auction Organiser the costs associated with the subsequent resale and shall, at a minimum, be liable for the difference between the purchase price and the price realised upon such resale.

11. In addition to the hammer price, the Buyer shall pay the Auction Organiser a commission equal to twelve per cent (12%), exclusive of VAT, calculated on the allocation price, as commission and as a contribution towards the costs of the Auction.

The Auction Organiser shall issue an invoice to the Buyer for these services.

Such invoice shall be payable immediately and shall be settled on the Auction Organiser’s bank account prior to delivery of the Horse to the Buyer.

12. At the end of the Auction, the Horses shall be allocated to the highest bidder.

The amount payable by the Buyer shall be calculated as follows:

Allocation Price + 12% commission on the Allocation Price = Net Price

The Net Price shall be increased by any applicable VAT to determine the Settlement Amount.

By placing a bid, the Bidder undertakes to pay the Settlement Amount unless a higher bid is subsequently placed.

13. The Settlement Amount shall become immediately due and payable upon allocation.

The Buyer shall receive an invitation to pay the Settlement Amount.

Should the Buyer fail to make full payment within five (5) working days after having been requested to do so by the Auction Organiser, the Seller and/or the Auction Organiser shall be entitled, without prior notice of default, to consider the sale automatically terminated at the Buyer’s expense.

In such event, the Auction Organiser shall be entitled to charge the Buyer liquidated damages equal to twenty per cent (20%) of the Settlement Amount.

14. All risk relating to the auctioned Horses shall pass to the Buyer immediately upon allocation.

Following the Auction and payment, the Buyer and the Seller shall jointly arrange the delivery of the Horse.

The legal relationship shall exist directly between the Buyer and the Seller, it being understood that, as regards the Buyer, the Seller, and not the Auction Organiser, shall be liable for any defect which the Horse may exhibit after the Auction.

15. Neither the Seller nor the Buyer may derive any rights from the fact that the Auction Organiser has selected the Horses and, where applicable, has had them subjected to a veterinary examination at its request.

16. The information relating to the Horses offered for sale is intended solely to give an impression of the qualities of the Horses, without claiming to be complete and without providing any guarantees.

In describing a Lot in its catalogue, the Auction Organiser relies on the information provided by the Seller or by third parties (for example, public databases).

The Auction Organiser shall not be liable for any printing errors and/or material mistakes in the auction catalogue, on its website or in the online catalogue.

17. Unless otherwise agreed between the Seller and the Buyer after the Auction, the Horse shall be collected from the Seller at the Buyer’s expense.

Delivery shall only take place once the Auction Organiser has informed the Seller that the Settlement Amount, as defined in Article 12, has been credited to the Auction Organiser’s bank account.

The Seller shall be entitled to charge the Buyer stable fees and the customary costs of maintenance and care from thirty (30) days after the end of the Auction.

18. In the event of export, the Buyer shall provide a valid export document within three (3) months, failing which the VAT due shall nevertheless be charged to the Buyer.

19. In the event of any dispute, only the Dutch text shall prevail.

The translation of these Auction Terms and Conditions into a language other than Dutch is provided for information purposes only.

20. Should a dispute arise between the Seller and the Buyer in connection with the Auction, the Auction Organiser shall endeavour to settle such dispute amicably between the parties.

If either party considers that no solution has been reached, the courts of the judicial district of Ghent shall have exclusive jurisdiction.

Belgian law shall apply to the relationship between the Seller and the Buyer.

21. Any dispute arising out of or in connection with this Auction and its consequences shall be governed exclusively by Belgian law, to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (Vienna Sales Convention).

The Court of First Instance of East Flanders, Ghent Division, and the Enterprise Court of Ghent, Ghent Division, shall have exclusive jurisdiction to hear and determine any disputes.