1. The auction is organized by the Vzw Jumping Mechelen, with registered office at 2850 Peulis, Teintstraat 33a, with company number BE 0445 643 536.
The auction proceeds in accordance with the terms en conditions set out in these auction conditions.
These conditions are published on the website of Auction Mechelen (www.auction-mechelen.com).
All participants are considered to have taken acknowledged and accepted these auction conditions. Participation in the auction as buyer or seller implies that the auction regulations have been accepted without any reservation.
2.For the application of the present regulations, "horse" should be understood to mean any adult horse, foal or embryo.
3. The auction takes place via an online bid under the control of the auction committee. Bids are only possible if the prospective buyer registers in advance and has created a user account via the website. To this end, the user must provide certain personal details ( name, address (street, number, postcode, municipality, country), mobile telephone, e-mail address) and indicate whether he is acting as a private individual or as an entrepreneur. In the latter case, the VAT number must also be provided.
The user guarantees the correctness and completeness of the information provided by him, and undertakes to keep it up to date and to adapt it should the information changes. After creating the user's account, the user chooses a personal password.
The user name and password are strictly personal and may not be transferred by the user to third parties. The registered user is liable for all bids placed via his user name and password. The auction committee reserves the right to refuse the registration of a user account or to terminate this account.
4 The description of the horses in the online catalogue is given by the organization as an indication and in good faith on the basis of the information provided by the seller.
The prior veterinary examination does not in any way allow the buyer or the seller to invoke the responsibility of the organization of the auction. The organizers of the auction do not provide any guarantee regarding the health condition or pedigree data of the auctioned horses, and reject any responsibility in this regard.
Websites or sources referred to on the website are the sole responsibility of the owners or editors of these websites.
Users may not assert any rights to the website or its content in any way. No information or content of the website may be used, copied or published without the prior and express consent of the Auctioning Committee.
5.The sale occurs by auction. The Auction Committee shall determine with which tranches the bids have to be increased.
Each horse participating in the auction will be allocated to the last and highest bidder on the condition that the minimum price set by the Seller has been reached.
If the minimum price is not reached, the horse may be allocated for the time being, and a further agreement may be concluded between the seller and the highest bidder if the bidder increases his offer and this new price is accepted by the seller.
In that case, the auction fee will be calculated on the price finally agreed.
Bids and payments shall be made in Euro.
The auction committee reserves the right to refuse a bid from a potential bidder for well-founded and objective reasons, including, but not limited to, indications of possible insolvency of the bidder, violation of general conditions, etc. The auction committee reserves the right to refuse a bid from a potential bidder.
Bids are unconditional and non-revocable. An offer accepted by the seller creates a binding contract and obliges the buyer to pay the settlement amount (price + costs + VAT/) immediately to the specified account of Jumping Mechelen vzw..
Payment shall be made by bank transfer. Cheques will not be accepted.
6. If the highest bidder cannot be identified, or refuses to fulfil his obligations (mourning sale), the auction Committee may, in consultation with the seller , either bring the horse back into the auction, or award it to the second highest bidder. The mourning purchaser shall be liable for all damage caused by his conduct.
7. The price to which a horse is allocated shall be increased by a flat-rate amount of 10 % to cover the costs of the auction. VAT (21%) must always be paid by the buyer on these auction costs .
If the seller of the horse is subject to VAT, the sale price will be increased by 21% VAT, irrespective of whether or not the buyer is subject to VAT.
The online catalogue indicates whether or not the seller of the horse is subject to VAT.
EU purchasers who have a valid and verifiable VAT number in their country of origin within the EU will not be required to pay VAT on the sale price of the horse if they submit a written statement on to the Auction Organization prior to collection, confirming the transfer of the horse outside Belgium and within the EU, and also confirming that the purchaser will subject his intra-Community acquisition of goods to the VAT of his Member State.
EU purchasers not subject to VAT and purchasers from outside the EU (international trade) must always pay VAT to the Auction Organization before collection in the event of a sale by a person subject to VAT.
In the event of export (outside the EU), the buyer and seller are obliged to provide the necessary documents within the periods stipulated by law. The Seller and the Buyer must arrange this between themselves, without the intervention of the Auction Committee.
The buyer who believes he is entitled to claim exemption from VAT for sales to a buyer not established in Belgium with transport of the sold horse to a location outside the EU, must complete
the necessary formalities in good time. VAT will only be refunded on presentation of a set of corresponding documents proving to the satisfaction of the law the authenticity of the export..
8. In view of the restrictions imposed by the measures to combat the spread of the Covid-19 virus, no viewing days will be organized.
By participating in the auction, bidders accept that the information made available to them by f.e. text and image material provided via the website, has informed them sufficiently to be able to make their bid in full knowledge of the facts.
9. Prospective-buyers can consult before the start of the auction, the available veterinary reports and/or X-rays at the Auction Organization .
Prospective buyers are considered to have a perfect knowledge of the physical condition of the horse on the day of the sale. The horses are sold in the condition in which they are, known by the buyer.
10. Given their nature, neither foals (under 18 months) nor embryos can be the subject of a usable standard veterinary examination. Their sale therefore takes place at the risk of the buyer and in the condition in which they are in, known by the buyer.
11. The organizers of the auction are not parties to the sale agreements concluded between the seller and the buyer after acceptance of the highest bid. The task of the organizer is limited to organizing a meeting between sellers and prospective buyers.
Any complaint with regard to possible redhibitory defects, lack of conformity or other defects which may be submitted to the organizers of the auction by the purchaser, will be considered inadmissible.
12. Only the buyer who proves that he has acted as a consumer, and who has purchased from a company or professional vendor, shall have the right to revoke the purchase within 14 days of delivery of the horse, provided that he unambiguously informs the vendor of his decision to revoke within that period, in a signed document with a fixed date.
The period of 14 days starts to run from the day following the day on which the consumer or a third party indicated by him, takes physical possession of the horse sold.
In case of purchase by a party acting as an entrepreneur or between private persons, there is no right of withdrawal.
The costs of delivering/collecting and returning the horse are always at the expense of the Buyer. The consumer is liable for any loss of value suffered by the horse resulting from any use beyond what was necessary to establish the non-conformity of the horse sold.
Since the auction committee only acts as a service provider/intermediary and is not a party to the sale/purchase agreement, the contribution charged to the buyer to the auction costs and the VAT due on them, remains due and cannot be recovered from the auction organization.
13.As from the allotment, the horses sold are under the responsibility of the buyer. However, the transfer of ownership will only take place after full payment of the purchase price, costs and applicable taxes.
14. The formalities for transport, insurance and customs documents must be arranged by the buyer.
15. The organizers of the auction do not accept any responsibility in connection with payments.
16. Any objections made before or during the auction with regard to the organization and conduct of the auction will be settled in a sovereign and final manner by the Auction Committee.
17. The auction committee is not liable for any technical imperfections on the internet site or connection, as a result of which bids cannot be made or cannot be made in time.
The requested data is necessary to ensure the proper conduct of the auction and the provision of the related services.
19.The auction is governed by Belgian law to the exclusion of the Vienna Convention on Contracts for the International Sale of Goods.
All possible disputes concerning the validity, interpretation and execution of the terms and conditions of the auction fall under the exclusive jurisdiction of the courts of Antwerp, department Mechelen. The assessment shall be made exclusively on the basis of the Dutch text of the present terms and conditions. Any publications in other languages are purely informative and have no legal force.