ART. 1. DEFINITIONS
This auction is organised by Flanders Sales. The auction committee functions as an intermediary between buyer and seller. Flanders Sales Auction is represented by De Kraal BV.
Auction: the online auction, organized by means of the Auction Website. Live auction organized by means of live auctioneer supported by Online tool.
Auction Conditions: the following terms and conditions of Flanders Sales Auction which apply to each Auction and Purchase Agreement. Each Participant shall be deemed to have taken knowledge of and accepted these Auction Conditions in full and unconditionally. Consequently, the Auction Conditions are automatically applicable from the moment a Bid is made.
Auction Costs: the costs which a Buyer owes to Flanders Sales Auction after having received an Award of a Lot.
Auction Services: brokering a Purchase Agreement between Seller and Buyer by facilitating an Auction.
Auction Website: the auction website on which Flanders Sales Auction offers its Auction Services: www.flanderssales.auction declaration to the Bidder by Flanders Sales Auction in the name of the Seller that the Lot for which the Bidder placed a Bid is awarded to the Bidder, who becomes Buyer of the Lot. This Award is done by an auctioneer appointed for this purpose by Flanders Sales Auction.
Bidder: the adult natural person or legal entity that registers or has registered itself on the Auction Website to participate in the Auction. www.flanderssales.auction
Bid: the amount offered by the Bidder in the Auction for a Lot, plus the taxes and costs (including but not limited to the Auction Fees) as described in the Auction Conditions. Please note that all payments must be done in Euros. Conversion costs are for the account of the Buyer.
Buyer: the Bidder who has received the Award to purchase a Lot.
Embryo: the fetus that came about after insemination of the donor mare by semen of the stud.
Foal: the horse that resulted (whether or not born) after the further development of the Embryo in the Surrogate Mare.
Hors(es): each adult horse, Foal or Embryo presented to be auctioned on the Auction Website, described in the best possible manner based on the information and imagery. This information is only intended to give an impression of the qualities of the Horse without the pretension to be complete / correct and without giving any guarantees.
Lot: one or more Horses being auctioned on the Auction Website.
Participant: a Seller and/or Bidder.
Personal Information: the (personal) information that must be provided to Flanders Sales Auction when registering for the Bidder to bid at the Auction. Biddings and payments are made in EURO.
Purchase Agreement: the purchase agreement between Seller and Buyer that is formed because of the Award of the Lot to the highest Bidder. The purchase is made according to Belgian law. An auctioneer collects the biddings on site and brings the highest bidder into contact with the auctioneer in Belgium. The auction is under surveillance of an auctioneer and bailiff who makes minutes of the allocation. When one participates in an auction, it does not mean that a lot will be sold to a bidder unreservedly Seller: the adult natural person or legal entity that commissioned Flanders Sales Auction to sell one or more Horses via the Auction, on behalf of and at the expense of the Seller. Surrogate Mare: the surrogate mare in whose uterus the Embryo was transplanted via embryo transplant that was removed from the uterus of the donor mare. The Embryo further develops in this Surrogate Mare and after birth is raised by this Surrogate Mare.
ART. 2. SCOPE
By participating in the Auction, the Participants declare in their transactions with one another and Flanders Sales Auction, that they are bound to comply with the Auction Conditions and are bound by the resulting legal consequences for a Participant. Each Participant shall be deemed to have taken cognizance of and accepted the Auction Conditions without reservation, in its full and with the exclusion of any other (general) conditions. Each Participant takes part in the Auction entirely at their own cost and risk. Flanders Sales Auction is not responsible for any obligations towards the Participants other than those outlined in the Auction Conditions.
ART. 3. BIDDER REGISTRATION
To participate in the Online Auction, the Bidder must register before the start of the Auction in the manner prescribed on the Auction Website. For the live event no special registration is required. Furthermore, by participating in an Auction, the Bidder declares to be authorized to execute legal transactions, and the Bidder declares himself/herself to be competent to conclude a Purchase Agreement with respect to the relevant Lot. Flanders Sales Auction reserves the right to refuse or unilaterally terminate registration and participation in an Auction at any time. On first demand of Flanders Sales Auction, the Bidder must furnish proper proof of identity, in the absence of which the Bidder is not allowed to participate in the Auction. The Bidder is obliged to ensure that all the information to be provided by the Bidder to Flanders Sales Auction upon registration has been filled in completely, correctly and truthfully, and the Bidder guarantees the correctness and completeness of the information he or she furnished. Should this information change at any time, the Bidder is obliged to notify Flanders Sales Auction immediately of this/ these change(s). The username and password used by the Bidder for an Auction are strictly personal, and may not be transferred by a Bidder to third parties. If the Bidder suspects that someone else knows his or her password, the Bidder must notify Flanders Sales Auction of this immediately. The Bidder is liable for and bound by all transactions that take place at an Auction and that result from the use of his/her password and/or user name, also in case of abuse if the Bidder was careless with his/her user name and password. Flanders Sales Auction is co-entitled, in the name of the Seller, to demand compliance with the payment obligations of a Bidder resulting from bids and subsequent an Award that took place via use of the Bidder’s password and user name.
ART. 4. PRIVACY STATEMENT Flanders Sales Auction shall only use the Personal Information of a Bidder for the purpose for which it was intended, namely the Auction. Hereby our information link : https://flanderssales.auction/nl/privacy
ART. 5. SECURITY Flanders Sales Auction makes every reasonable effort to safeguard its systems against loss of data and/or against any form of unlawful use, and to this end, shall take appropriate technical and organizational measures. In its dealings with Flanders Sales Auction, the Bidder is obliged to adequately secure the computer and/or any other device he/she uses to access the Auction Website, and as usual, to protect it against viruses or other unlawful programs or files that can spread via the internet. The Auction Website may contain links to other websites of third parties. Flanders Sales Auction has no influence on (the information on) such websites.
ART. 6. THE AUCTION PROCEDURE The allotment goes to the highest bidder. The sale is concluded against payment of the allotment price and a surcharge of 10% (ecxl. VAT) of the allotment price. Payment is to be made to Flanders Sales Auction. It is brought to the buyer’s attention that the possible VAT on the allotment price is at his expense. In such case the seller will draw up an invoice.
CAUTION: Horses/foals/ponies/embryos and straws that are offered for sale by VAT-bound sellers will be accompanied by an invoice including VAT. VAT must be settled with the payment. It is mentioned in the catalogue when the seller is VAT-bound.
Flanders Sales Auction acts as an Auction Service. The organization, preparation and implementation of the Auction is determined solely by Flanders Sales Auction. This means among other things that Flanders Sales Auction determines the course of events prior to and during the Auction, and has the sole authority not to auction or to change (the composition of) one or more Lots, to not recognize a Bid and declare it invalid, and suspend, resume, extend or cancel the Auction and/or take other measures it deems necessary. The duration of an Auction is indicated on the Auction Website. This does not prejudice the right of Flanders Sales Auction to cancel, terminate (early), suspend or extend an Auction at any time. Thus, among others, Flanders Sales Auction can exercise its right to extend the Auction in the situation that the Auction is not accessible to all Bidders due to technical problem(s). However, Flanders Sales Auction is not obliged to do so. A Bidder is required to follow the instructions and directions given by or in the name of Flanders Sales Auction in the context of an Auction. A Participant accepts the extraordinary circumstances that can arise during an internet-auction and the (technical) imperfections that may exist. Flanders Sales Auction cannot be held liable in any way for such occurrences. The Auction Website will NOT state an indicative closing time of the Auction per specific Lot. Online Buyers can follow the auction via the livestream on the website. People who can not open the livestream, for what reason so ever, are free to contact us by phone.
Kasper De Boeck: +32 474 90 09 02
Anyone issuing a bid is considered to have accepted these terms and conditions. The very act of putting in an offer implies knowledge and acceptance of these terms and conditions. The auction will take place under supervision of a bailiff in Belgium. This bailiff arbitrates in last instance in any disputes that may arise regarding the sale.
ART. 7. DESCRIPTION OF LOTS
The description of a Lot on the Auction Website, Flanders Sales Auction depends on the information about the Lot provided by a Seller or third parties. Flanders Sales Auction is not liable for possible printing errors and/or material mistakes on the Auction Website or Catalog. No assurance can be given with any mention of the sex of an embryo, this is a risk of the Buyer. Special auction terms can be supplemented with a specific Lot, they are considered known and accepted, when a Bid is made for this specific Lot. If this is the case, they will be placed on the Auction Website before the start of the Auction and deemed by the Participants to be known and accepted.
ART. 8. THE BID
A Bid must be placed in the manner described by Flanders Sales Auction on the Auction Website or Live. The Auction takes place ‘by bidding’. The Bidder is bound to a bid; it is considered being irrevocable and unconditional. Each Bidder who places a Bid shall be deemed to be bidding for himself or herself, and is personally bound to Flanders Sales Auction and (after the Award) to the Seller for his/her obligations to Flanders Sales Auction and the Seller. If multiple persons declare that they are placing or have placed a Bid jointly, they are jointly and severally liable for the resulting obligations to Flanders Sales Auction and (after the Award) to a Seller. Flanders Sales Auction and the Seller are entitled to participate in the Auction and to Bid in the name of third parties on the Lot(s) offered by Seller by means of the Auction.
ART. 9. FORMATION OF PURCHASE AGREEMENT
The Purchase Agreement is formed on the Award to the highest Bidder. The Auction is supervised by an auctioneer who will draw up an official report of the Award. Participation in an Auction does not mean that a Bidder automatically purchases a Lot. Flanders Sales Auction sells the selected Horses on behalf and for the account of the Seller through the Auction Website. Flanders Sales Auction only provides Auction Services and acts only as intermediary between the Participants. A Purchase Agreement is exclusively entered between the Seller and the Buyer as described in the Auction Conditions. Flanders Sales Auction is not bound by Purchase Agreement(s) between the Seller and the Buyer and all what is arising out the Purchase Agreements (e.g. possible additional arrangements regarding delivery and transfer of risk). The legal ownership of the awarded Horse will be transferred as soon as the Purchaser has fulfilled all its payment obligations as described in the Auction Conditions.
ART. 10. INVOICING AND PAYMENT
Settlement with the Buyer will be calculated as follows: (i) the price of the Award plus (ii) 10% of this price of the Award as Auction Costs for the Buyer = net price, possibly to be increased by applicable VAT = settlement amount. By making a Bid, a Bidder commits himself to pay of the settlement amount in case this Bid will result in an Award. Flanders Sales Auction shall send an invoice to the Buyer for the Auction Costs owed to Flanders Sales Auction by the buyer. In addition, the Buyer shall also receive a settlement statement from Flanders Sales Auction concerning the settlement amount plus 21% VAT if the Horses were sold with application of VAT. The invoice and settlement statement are payable on their due date, being the date of the Award. If the Buyer fails to make timely payment in the manner prescribed by Flanders Sales Auction, the Buyer is in default with respect to Flanders Sales Auction and with respect to the Seller, and Flanders Sales Auction and the Seller are entitled to interest at 10% per year until the day of full payment as well as to fixed damage compensation of 10% of the invoice amount and the settlement amount. If the Seller or the Buyer terminates or otherwise impairs the Purchase Agreement, the Buyer remains indebted to Flanders Sales Auction for Auction Costs without prejudice to any other right of Flanders Sales Auction in this case. When the invoice and/or the settlement amount are not paid after 14 days after it’s due date, Flanders Sales Auction has the right to cancel the sale without prior explaining and the Lot stays property of the (original) Seller. In the event that a Purchase Agreement is legally dissolved or annulled by the Seller and/or the Purchaser, the Seller and the Purchaser shall nevertheless comply with all their payment obligations, as mentioned in the Auction Conditions towards Flanders Sales Auction, in as far as compensation to be paid to Flanders Sales Auction is concerned.
Payment can be only be done by bank transfer in EURO. The hammer price and auction costs are to be paid to Flanders Sales Auction within five (5) days following the auction date. In the case where a Purchaser is requesting the transfer of Awarded Horse(s) to another member state of the European Union or outside the European Union and must be invoiced with a zerorated VAT, the Puchaser must comply with all the necessary conditions attached to a lawful intercommunity- or export-transaction. If application of the VAT zero-rating tariff, no matter what the circumstances (subsequently), appears to be impossible, the Purchaser is, at that time, still obliged to pay a sum to the amount that would be owed in the case of a domestic delivery of the Awarded Horse concerned. At the request of Flanders Sales Auction, the Purchaser is obliged to immediately repay the above-mentioned sum to Flanders Sales Auction. In such cases, the reimbursement of such shall only take place when the Purchaser has, to the satisfaction of Flanders Sales Auction, complied with the above conditions. In any case, the Purchaser is liable for, and indemnifies Flanders Sales Auction from any damage that may result from non-compliance of the a forementioned conditions. In addition, the Purchaser is liable for all judicial and extra judicial costs born by Flanders Sales Auction with a minimum sum of EUR 1.000,–.
From the allotment onwards, the buyer immediately becomes the owner of the foal at the moment of allotment.
ART. 11. SURROGATE MARE
The Surrogate Mare that is sold to the Buyer bearing an Embryo becomes the property of the Buyer (price surrogate mare 4000€ excl VAT) If the buyer wants, it’s possible to bring back the surrogate mare to the seller . The seller will pay back the amount of 4000€ + VAT to the buyer only after following condtions have been fulfilled: after prior notification, no later than 6 months after the birth of the Foal, is returned by the Buyer to the Seller, in good health, dewormed and vaccinated. All costs for transporting the surrogate mare back to the buyer are at the expense of the buyer .
The Seller is no longer responsible for the health of the Surrogate Mare and its unborn Foal after the date of sale.
ART. 12. PICK-UP
Transport costs when the sale is inland areat the expense of the seller ; when the sale is abroad, transport costs are at the expense of the buyer . After the Auction and payment by the Buyer of all its payment obligations as described in the Auction Conditions, the Buyer and the Seller will make arrangements for the delivery of the Awarded Hors(es) in mutual consultation. The legal relationship exists directly between the Buyer and the Seller, with this understanding that the Seller is liable to the Buyer, with explicit exclusion of Flanders Sales Auction for any shortcoming a Horse may display after the Auction. Flanders Sales Auction will not take out any insurance for Horses or other matters on behalf of the Seller and the Purchasers. As Sellers and Purchasers take part in the Auction for their own account and risk, Flanders Sales Auction advises them that they take out such insurance themselves.
ART. 13. LIABILITY
Flanders Sales Auction is not liable for anything directly and/or indirectly related to the Auction, except in cases of willful intent or willful recklessness on the side of Flanders Sales Auction. The organizers do not accept liability for possible wrongful information and/or printing mistakes in this catalogue and/or website. Neither organizers, nor owners/managers of the venue where this auction is taking place, are liable for any damage that could occur to persons and/or property during the auction.
ART. 14. APPLICABLE LAW AND COMPETENT COURT
The auctioneer appointed by Flanders Sales Auction will, in the first instance, settle all disputes in relation to the Auction. The brokering and intervention of Flanders Sales Auction and the sale take place in accordance with Belgian law. In the case of disputes, only Belgian law shall apply and only the courts of the (territorial) jurisdiction of Leuven shall have exclusive jurisdiction to hear the disputes.
ART. 15. OTHER PROVISIONS
Flanders Sales Auction retains the right to modify these Auction Conditions without prior informing Participants. In the case of such modifications, the new Auction Conditions will automatically come into force as per the next Auction and as published on the Auction Website. In the event that any of the terms and conditions contained in the Auction Conditions shall be deemed invalid or unenforceable, then the remaining terms and conditions shall be construed as if such invalid terms and conditions were not contained herein; and such invalid and unenforceable terms and conditions will be replaced by such terms and conditions which as closely as possible meets the intention of the original invalid terms and conditions. In case of a dispute between the English and Dutch language of the Auction Conditions, the Dutch language of the Auction Terms shall apply and only the Courts of antwerp the District of Mechelen(Belgium) have sole jurisdiction. This exclude the Trading Convention of Wien.