ARTICLE 1. DEFINITIONS
General and special auction conditions: the following general and special auction conditions of Exquis Horse Auction apply to the purchase agreement, unless agreed otherwise between the parties, which are explicitly accepted by the buyer. Each bidder is considered to have read and accepted these auction conditions. The general and special auction conditions below are therefore automatically applicable as soon as a bid is made.
Exquis Horse Auction for BV Slagerij Traiteur Boterdaele, with registered office at Kasteeldreef 2 - 9270 Laarne, registered in the National Companies Register under no. 0827 954 188, is the facilitator of the auction service.
Seller: the adult natural person or legal entity who has instructed Exquis Horse Auction to sell one or more horses through an auction in the name and on behalf of the seller.
Bidder: the adult natural person or legal entity who registers or has registered on the website of Exquis Horse Auction in order to participate in the auction organized by Exquis Horse Auction.
Bid: the amount offered by the bidder at the auction for a lot, plus any taxes and costs (including - but not limited to - the auction costs).
Participant: a seller and/or bidder.
Lot: one or more horses that are auctioned on the Exquis Horse Auction website.
Buyer: the bidder to whom allocation was taken place.
Purchase agreement: the purchase agreement between the seller on the one hand and the buyer on the other hand, which is concluded as a result of the allocation to the highest bidder.
Allotment: the explicit statement of Exquis Horse Auction on behalf of the seller, to the bidder, that the lot on which the bidder has made a bid has been allocated to the bidder and that he will be the buyer of the lot. The allocation will be done by Exquis Horse Auction.
Horses: In the general and special auction conditions below, horse or horses must be understood to mean any adult horse or foal.
Horse: the horse offered on the auction website, described as well as possible on the basis of information and images. This information is only intended to give an impression of the qualities of the horse, without pretending to be complete/correct and without giving any guarantees.
Foal: the foal offered on the auction website, described as well as possible on the basis of information and images. This information is only intended to give an impression of the foal’s qualities, without pretending to be complete/correct and without giving any guarantees.
Personal data: the personal data that must be provided to Exquis Horse Auction upon registration in order to be able to bid as a bidder at the auction organized by Exquis Horse Auction.
Auction: the online auction via the auction website Exquis Horse Auction.
Auction service: mediating in the realization of a purchase agreement between seller and buyer by facilitating an online auction.
Auction costs: the costs that a buyer owes to Exquis Horse Auction after allocation for participation in an auction and which are stated on the auction website.
Auction website: the auction website on which Exquis Horse Auction offers its auction service is: www.exquis-horse.auction.
ARTICLE 2. APPLICABILITY
By participating in the auction organized by the Exquis Horse Auction, the participants declare themselves towards each other, as does the bidder, that hey are obliged to comply with these general and special auction conditions and are bound by the legal consequences as a participant towards the Exquis horse auction. Each participant is deemed to have taken note of these auction conditions and to have accepted them without any reservation.
ARTICLE 3. REGISTRATION OF THE BIDDER
In order to participate in the auction organized by Exquis Horse Auction, the bidder must be registered before the start of the auction in the manner prescribed by Exquis Horse Auction on the auction website. Furthermore, by participating in an auction, the bidder declares to be authorized to perform legal acts and declares to be competent to enter into a purchase agreement with regard to the relevant lot. Exquis Horse Auction reserves the right to refuse and/or unilaterally terminate registration and participation in an auction at any time. The bidder must provide proper identification at the first request of Exquis Horse Auction, in the absence of this identification, the bidder is not permitted to participate in the auction. The bidder is obliged to ensure that all information filled in completely, correctly and truthfully by the bidder upon registration and the bidder guarantees the correctness and completeness of the information provided by him. Should this information change at any time, the bidder has the obligation to immediately inform Exquis Horse Auction. The username and password used by the bidder in an auction are strictly personal and may not be transferred by a bidder to third parties. If the bidder fears that someone else knows his password, the bidder must notify Exquis Horse Auction of this without delay. The bidder is liable for and bound by all actions that take place at an auction and that result from the use of his/her password and/or username, even in the event of misuse if the bidder has carelessly handled his username and password. Exquis Horse Auction is also entitled on behalf of the seller to demand fulfillment of a bidder’s payment obligations as a result of bids and subsequent allocation that have taken place by using the password and user name of the bidder.
ARTICLE 4. PRIVACY STATEMENT
Exquis Horse Auction will only use the personal data of a bidder for the purpose for which they are intended.
ARTICLE 5. SECURITY
Exquis Horse Auction makes reasonable efforts to secure its systems against loss of data and/or against any form of unlawful use and takes appropriate technical and organizational measures. The bidder is obliged, towards Exquis Horse Auction, to adequately protect his computer and/or any other device with which he accesses the auction website and against viruses or other unlawful programs or files that can be spreaded via the internet. The auction website may contain links to other third party websites. Exquis Horse Auction has no influence on (the information on) such websites.
ARTICLE 6. THE AUCTION PROCEDURE
The seller makes a horse, or foal, available for mediation for sale through the auction organized by Exquis Horse Auction. Exquis Horse Auction acts as an auction service. The organization, preparation and execution of the auction are determined exclusively by Exquis Horse Auction. This means, among other things, that Exquis Horse Auction determines the course of events prior to and during the auction and has the authority not to auction one or more lots or to change (the composition of) lots, not to recognize a bid and to be declared invalid and to suspend, resume, extend or cancel the auction and/or to take other measures when this seems necessary. The duration of an auction is indicated on the auction website. This does not affect the fact that Exquis Horse Auction is entitled to cancel an auction, terminate it (prematurely), suspend or extend it at any time. For example, Exquis Horse Auction will be able to exercise its right to extend the auction when the auction is, due to technical malfunction(s), not accessible to all bidders. However, an Exquis Horse Auction is not obliged to do so. A bidder is obliged to follow instructions and directions given by or on behalf of Exquis Horse Auction in the context of an auction. A bidder accepts the special circumstances that can occur at an internet auction and the (technical) imperfections that may arise. Under no circumstances can Exquis Horse Auction be held liable for such facts.
If a bid is made in the last 5 minutes before the close of the auction, the auction will be extended by 5 minutes.
ARTICLE 7. DESCRIPTION OF A LOT
When describing a lot on its auction website, Exquis Horse Auction depends on the information provided by a seller or third parties. Exquis Horse Auction is not liable or responsible for any printing errors and/or material errors in the auction catalog. Special auction conditions can be supplemented for a specific lot, these are supposed to be known and accepted when a bid is made for this specific lot.
ARTICLE 8. THE BID
A bid must be made in the manner as indicated by Exquis Horse Auction on the auction website. The auction takes place “by bidding”. A bid by the bidder is considered an offer to the seller. The bidder is bound by a bid which is considered irrevocable and unconditional. Each bidder is deemed to be bidding for himself and is personally bound to the Exquis horse auction and (after allocation) to the seller for the obligations arising from his/her bid towards the Exquis Horse Auction and the seller. This also applies if the person making the bid declares to act on behalf of a third party. If several persons declare that they are jointly making or have made a bid, they are jointly and indivisibly liable for the resulting obligations towards the Exquis Horse Auction and (after allocation) towards a seller. Exquis Horse Auction and the seller are entitled to participate in the auction and make a bid on behalf of third parties for the lot(s) offered by a seller for auction.
ARTICLE 9. FORMATION OF CONTRACT OF SALE
The contract of sale is concluded as a result of allocation to the highest bidder. The auction is supervised by a public official who draws up an official report of the allocation. For a bidder, participation in an auction does not mean that a lot is sold to him without a doubt.
ARTICLE 10. INVOICING AND PAYMENT
A buyer owes Exquis Horse Auction auction costs, which amount to 10 % of the last bid made by the buyer. The auction costs can be increased by 21% VAT. Exquis Horse Auction sends the buyer an invoice for the auction costs payable by the buyer to Exquis Horse Auction. In addition, the buyer receives an invoice from the seller relating to the purchase price, which may be increased by 21% VAT if the horses are sold subject to VAT. Invoices are payable on their due date. If the buyer does not make his payment in time and in the manner prescribed by Exquis Horse Auction, the buyer is in default towards Exquis Horse Auction and towards the seller and then Exquis Horse Auction and the seller are entitled to an interest of 10% per year up to the day of the full payment, as well as irreducible compensation of 10% of the invoice amount. If the seller or the buyer terminates the purchase agreement or otherwise affects it, or is dissolved by the buyer or the seller, the buyer continues to owe the auction costs to Exquis Horse Auction, without prejudice to any other right of Exquis Horse Auction in that case. If the invoice for the sale of the horse or embryo has not been paid after 7 days, the Exquis Horse Auction can declare the sale dissolved by law without prior notice and then the lot will remain the property of the original seller.
ARTICLE 11. FOAL
When a foal is auctioned, the buyer pays the full purchase price (highest bid + auction costs + possible VAT) on the account of Exquis Horse Auction. The transfer of ownership of the foal will occur at the time of allocation in the auction, but the seller remains responsible for the foal until the moment of delivery to the buyer. The seller has to reach a sound agreement with the buyer about the weaning and the delivery of the foal. The foal must be at least 150 days old at the moment of weaning. Unless otherwise agreed between the buyer and the seller, the seller must deliver the foal to the Belgian buyer. A foreign customer always collects the foal from the seller, unless otherwise agreed between both parties.
Exquis Horse Auction will pay the seller when a signed delivery note of the foal arrives at the auction committee. Delivery is not possible without the foal’s passport.
ARTICLE 12. PURCHASE
The buyer is obliged to take the purchased horse or foal at the place and time determined by Exquis Horse Auction by proper proof of identifcation. The horse or foal must be collected no later than 7 days after allocation. The delivery of the horses take place by making the horses available to the buyer or a carrier appointed by him. The risk is for the buyer from the moment of delivery to the buyer or a carrier appointed by him. The purchase takes place under the suspensive condition that the full purchase price, the auction costs and any other amounts due, have been paid by the buyer. If the buyer refuses or fails to provide information or instructions necessary for the purchase, the horses will be kept by Exquis Horse Auction at the risk of the buyer. In that case, the buyer is obliged to pay all additional costs, including stabling and transport costs, to Exquis Horse Auction, in which case horses will only be delivered by purchase if and as soon as the buyer has also paid the aforementioned costs in full.
ARTICLE 13. LIABILITY
Any other liability of Exquis Horse Auction is excluded. Insofar as it would be judged otherwise in law, the liability of Exquis Horse Auction is limited to the amount of the payment made by the insurer. If in any case the insurer does not pay out, or the damage is not covered by the insurance, the liability of Exquis Horse Auction is limited to a maximum of the net invoice amount for auction costs that Exquis Horse Auction receives in the context of the assignment it has carried out. Exquis Horse Auction draws the buyer’s attention to the possibility to have the purchased lot insured. If, for whatever reason, the buyer wants the purchase to be declared null and void or canceled, it is the seller of the horse who must fulfill his will.
ARTICLE 14. APPLICABLE LAW AND QUALIFIED COURT
The public office settles - in the first and last instance - all disputes that could arise during the auction regarding the allocation. The mediation and intervention of the Exquis Horse Auction and the sale take place in accordance with Belgian law.
ARTICLE 15. OTHER PROVISIONS
Exquis Horse Auction reserves the right to adjust these auction conditions. In case of adjustments, the new auction conditions will apply starting from the next auction.