The Belgian Showjumper Auction is organized by Brondeel Projects CommV with registered office at Breemeersen 36, 9880 Aalter, Belgium.
To participate in this auction implies that these auction conditions are explicitly acknowledged and accepted without reservations. Furthermore, by participating in an auction, the buyer declares to be authorised to perform legal acts and the buyer declares to be authorised to enter into a purchase agreement.
Brondeel Projects CommV sells horses/embryos/goods related to horses via the website www.belgianshowjumperauction.com on behalf and for account of third parties. Brondeel Projects CommV acts as auction service. The auction committee acts as mediator between seller and buyer. A sales agreement is exclusively between the seller and the bidder/buyer. Buyers must register themselves via the website belgianshowjumperauction.com before being allowed to participate in the online auction.
The Belgian Showjumper Auction is a online auction. The auction will take place on the website www.belgianshowjumperauction.com. The dates and the starting and closing time(s) of the auction will be posted on the website. The duration of the auction will also be indicated in advance on the website. If a bid is made during the last five minutes before the indicated closing time of the auction, the closing time will (each time) be extended by five minutes. The final closing will then take place five minutes after the last bid.
Participation in the Auction implies that the buyer agrees, expressly and without any reservation, with these terms and conditions of auction and with the chargeability of the auction costs at a rate of 10% and 21% VAT (if applicable) on the hammer price.
The selected horses are sold outright, without proceedings or recompense, in the condition they have at the time of the sale. For each horse, the bidder can consult the recent report of the veterinarian. Participating to the auction implies that the buyer/bidder has consulted the veterinarian report prior to placing a bid. If heights of a horse are given, it’s only an indication. Buyers can’t take any right out that information, or can’t take a possible difference to cancel the deal. Sellers are presenting their horses free of stable vices.
Manifest mistakes or manifest errors in the offer of the horses, for instance as a result of typos or misprints, shall not bind Brondeel Projects CommV and the owners of the horses and no rights can be inferred from them.
Potential buyers or interested parties are free to inspect and/or try out the horses before auction at the location Breemeersen 36, 9980 Aalter, Belgium. For this purpose an appointment must be made in advance by email (firstname.lastname@example.org).
The sale is established under Belgian law by means of bidding and allotment to the highest bidder after payment of the settlement amount, whether or not to be increased by VAT. Bids and payments are made in EURO.
When placing a bid, the person in whose name the account was created is deemed to be bidding for him-/herself and he/she is personally liable for the obligations resulting from his/her bid. If the bidder declares that he/she is acting on behalf of a third party, he/she shall continue to be fully liable to Brondeel Projects CommV in addition to such third party.
The bidding increments during the auction are as follows (all the amounts mentioned are exclusive of VAT):
EUR 500.00 per offer up to EUR 20,000.00
EUR 1,000.00 per offer from EUR 20,000.00 up to EUR 50,000.00
EUR 2,000.00 per offer from EUR 50,000.00 up to EUR 100,000.00
EUR 5,000.00 per offer from EUR 100,000.00 onwards.
If the buyer pulls out of the purchase, Brondeel Projects CommV is entitled to immediately re-auction the horse/foal/embryo without accepting the original bidder/buyer’s bid. The original bidder/buyer is obliged to pay Brondeel Projects CommV the expenses for re-auctioning the horse/foal/embryo as well as the difference between his bid and a possibly lower purchase sum after re-auctioning.
In the auction a horse is allotted to the highest bidder. The settlement of the sales price by buyer is calculated as follows: the allotment price + 10% (exl. VAT) of such allotment price as buyer’s commission = net price, to be increased with any VAT possibly due (when the seller is VAT-bound, this information is to be found on every fiche made for that good on website), which constitutes the total settlement amount. By making a bid, the bidder undertakes to pay the settlement amount, unless a higher bid is made thereafter.
In addition to the allotment price, the buyer will pay Brondeel Projects CommmV a percentage of 10% (excluding VAT) of the allotment price by way of commission and for the mediation in the auction costs. Brondeel Projects CommV will give the buyer an invoice for these services, the amount of which is to be promptly transferred into the account of Brondeel Projects CommV, previous to the delivery of the horse to the buyer.
Brondeel Projects CommV will send the buyer an invoice for the buyer’s commission to the buyer, and an e-mail with the total amount to be paid to Brondeel Projects CommV. After full payment to Brondeel Projects, Brondeel Projects will bring both seller and buyer in contact. In case the seller is VAT bound, he will make an invoice for the allotment price increased with the VAT and address this to the buyer, while mentioning that the payment is already done to Brondeel Projects CommV. The settlement amount is immediately due upon allotment and needs to be paid by bank transfer within 5 days following the auction.
If the buyer fails to pay an invoice in time, the buyer shall be in default by operation of law and he/she 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 the judicial and extrajudicial costs to be incurred by Brondeel Projects CommV in order to collect its invoices shall be for the buyer’s account. Extrajudicial costs shall be charged to the buyer at a flat rate of 15% of the amount to be collected, with a minimum of EUR 250.00.
Any liability regarding the auctioned horses is immediately after allotment transferred to the buyer. After auctioning AND payment, buyer and seller will make arrangements for the delivery in mutual consultation. A foal can be delivered at the age of 150 days the earliest. The legal relationship exists directly between buyer and seller, with this understanding that the seller is liable to the buyer, with explicit exclusion of the auction organisation, for any shortcoming a horse may display after the auction.
If desired, the buyer must take care of insurance of the horse for risks that may unexpectedly arise to the horse such as for, however not limited to, transport risks, disease, death, accident and (permanent) disability due to sickness, shortcomings or otherwise. Brondeel Projects CommV shall not arrange for such insurance.
Neither seller or buyer can derive any rights from the fact that the auction organisation selected the horse and, when deemed necessary, subjected the horse to a veterinary examination at its request.
The information provided about the horses is exclusively intended to give an impression of the qualities of the horses, without pretending to be complete and without offering any guarantees. For the description of a lot on the website, Brondeel Projects CommV is purely led by the information about that lot provided by the seller or a third party. Brondeel Projects CommV is not liable for any writing mistakes on its website and online catalogue.
If not otherwise agreed between the Buyer and the Seller after the Auction and passed on to Brondeel Projects CommV, the horse will be collected from the Seller at the expense of the Buyer. Delivery will only take place after Brondeel Projects has informed the Seller that the settlement amount, as defined in these auction conditions, has been deposited into the account number of Brondeel Projects CommV. Upon delivery of the horse, the form ‘Proof of delivery’, will be completed and signed by the Buyer. The seller is allowed to charge stable money for the horse from 30 days after the auction ends.
The sale of an embryo/foal. The embryo/foal and the carrier mare will be taken care of by the seller till minimum 150 days after birth. When the foal is 150 days old the seller can charge stable money for the foal. The breeder/seller will take care of the foal/embryo until delivery. Delivery cannot take place before the foal reaches the age of hunderd and fifty (150) days. The foal should have been weaned for at least 1 week before delivery. The buyer has the possibility to insure the embryo/foal for the period between purchase and delivery. No boarding costs till the foal is 150 days old.
The sale of an embryo reservation (no embryo = money back garantee). The buyer buys the production of one embryo as described at the website. The seller starts the production of the embryo in the first breeding season following on the auction. When the embryo is not produced at the end of the breedingseason (30th september), the seller will refund the salesprice to the buyer. The auction will refund the buyerscommission. When the embryo is produced, the embryo and the carrier mare will be taken care of by the seller till at least 150 days after birth. When the foal is 150 days old the seller can charge stable money for the foal. The breeder/seller will take care of the foal/embryo until delivery. Delivery cannot take place before the foal reaches the age of hunderd and fifty (150) days. The foal should have been weaned for at least 1 week before delivery. The buyer has the possibility to insure the embryo/foal for the period between production and delivery. The buyer becomes owner of the embryo when it's 6 weeks old. No boarding costs till the foal is 150 days old.
In case of export of a horse, the buyer will submit valid transport documents within 3 months after the auction, on forfeiture of a penal sum consisting of the VAT as yet to be charged.
The buyer guarantees, at all times, the correctness and completeness of the personal information he/she provides when making a bid during the auction. The information that the buyer uses during the auction is strictly personal and cannot be communicated to somebody else.
In the event that the bidder/buyer detects that the horse has a stable vice, being either crib-biting, weaving, or wind-sucking, the bidder/buyer shall notify Brondeel Projects CommV in writing within 7 days after the delivery of the horse to the buyer/bidder, with a description of the nature of the stable vice. In that case, Brondeel Projects CommV will appoint a veterinarian who will examine the horse in connection to the alleged stable vice as described by the bidder/buyer. The veterinarian’s conclusion about the cause and seriousness of the alleged stable vice shall be binding. If the veterinarian finds that the horse has the stable vice as described by the bidder/buyer, the seller is obliged to pay the costs accrued by Brondeel Projects CommV. If the veterinarian finds that the horse does not have the stable vice, the bidder/buyer must pay the costs to Brondeel Projects CommV. In case the veterinarian confirms the stable vice, the seller must take the horse back immediately at his own cost in return for the remuneration of the sale price, if the sale is considered dissolved or annulled.
When the bidder/buyer does not notify, in the manner required, the before mentioned stable vice of the purchased horse within 7 days after the delivery and/or the veterinarian does not detect the stable vice, the right of the bidder/buyer to make the purchase unbinding is void.
If the horse will be exported, the buyer pays for blood tests, if those are required by law. Brondeel Projects CommV and the seller will cooperate, to send the blood to labo Bose. If the result of the test is in that way, that export is not possible, the sale can be cancelled, if buyer decides to cancell the deal.
In the event that the sale is legally dissolved or annulled by the bidder/buyer, the seller and the bidder/buyer shall nevertheless comply with all financial obligations, as mentioned in these auction conditions, towards Brondeel Projects CommV, in as far as compensation to be paid to Brondeel projects ComV is concerned.
In the event of a dispute, related to the auction, should occur between the Seller and the Buyer, the auction committee will make an effort to settle this dispute by mediation. If any of the parties believes that no solution has been reached, the Court of Ghent will be exclusively competent. To the relationship between the Seller and the Buyer Belgian law applies.
Any dispute arising from this auction and its consequences will be exclusively ruled by Belgian law with exclusion of the provisions of the Vienna Sales Treaty regarding international purchases/sales. The Courts of Gent are exclusively competent to take cognizance of any disputes.