Auction Conditions

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.  

18. The personal data collected within the framework of the performance of the services by the  Auctioning Committee are registered and processed by the Vzw Jumping Mechelen in accordance  with its privacy policy stated on the website, and in compliance with the applicable laws and  decrees. 

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.

 

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