conditions auction

Engelse versie

 

Auction regulations valid in the year 2023.

 

These terms and conditions apply to all buyers and all sellers. The Dutch version is binding, all translations are purely informative.

 

The buyer and seller confirm by participating in the auction that they have consulted, are aware of and accept the auction conditions.

 

Dressage Horse Auction is the organizer of live and online auctions for dressage and jumping horses, in collaboration with a notary or bailiff who will, among other things, ensure that the auctions run smoothly and allocate the horses.

• Live auctions can be bid from the room and remotely.

• Online auctions can only be bid online.

Both types of auctions are organized using the auction websites www.dressagehorse.auction and www.jumpinghorse.auction.

 

We organize auctions for horses in the sport direction dressage and jumping.

To determine the age of a horse, it is accepted that every horse will be one year older on January 1, so a horse born on May 20, 2025 will be one year old on January 1, 2026.

 

What we don't include in our auctions:

• Foals that are not three months old at the start of the bidding.

• horses that do not belong to the sport direction dressage or jumping.

• ponies, and all other equines.

 

1. Registration and selection:

As an auction organization, we make a selection and assess the horses based on:

• their lineage

• their qualities as a sport horse or breeding animal

• their health

• the expectations in our auction.

 

The selection for the auction takes place in four phases. By entering, the seller undertakes to offer the horse for the three phases of the selection, and then to the auction, provided that the horse remains accepted by the auction organization after each phase.

1. When registering for the selection, the seller pays a registration fee of 200 euros + VAT. The application is accompanied by a copy of the horse's passport, pedigree, own performance, performance by relatives, photos and film material, height at the withers, color, and all useful information about the horse, and the details of the seller. The seller specifies the minimum amount for sale. This amount is not published.

The seller also provides a copy of his own identity document, if applicable case, the published articles of association of the company and the identity document of the director.

2. After an initial selection based on the information supplied with the registration, the auction organization visits the seller's premises to assess the horse.

3. If the horse completes a positive trajectory until then, the full medical examination will be submitted as requested by the auction organization.

Medical approval is a condition to participate in the auction. Medical approval is also a requirement for inclusion in the collective insurance. The insurance requires a medical report that is no more than two weeks old at the start of the bids. If the medical report is used for the medical selection of the parent, it is sufficient to have the veterinarian confirm that the medical condition has remained unchanged. The veterinarian confirms with the date and signature on the original medical report.

The form for the medical examination will be sent to you after registration. Horses younger than 2 years only need to submit a health certificate, from 2 years there are an additional 16 rx images, showing the forequarters, fetlocks, hocks and knees. The radiographs should be interpreted in the light of the entire horse. The purpose of use, age, possible sports career and the findings during the clinical examination are important.

4. The seller will provide photos and film material of the accepted horses for publication on the auction website. The auction organization itself may at any time take photos and film material for use on the website, and decide which to publish.

 

The accepted horses are listed in the online catalog in a random order.

 

Copies of the horse's documents are accepted at registration and during the selections. Before the start of the live auction, all original documents must be at the secretariat. Failure to deliver the originals or to deliver them on time is equivalent to not offering the horse at the auction.

For online auctions, the original documents must be shown when the horse is presented to the representative of the auction organization. All original documents remain with the horse.

 

The auction organization takes out collective insurance for all assigned horses for mortality, humane euthanasia, theft & colic. Each horse is insured for the amount of the allocation for 4 weeks from the allocation. The collective policy conditions of the insurance company apply. The costs for this insurance are borne by the seller. The insurance premium is settled in the settlement and amounts to 1.082% of the amount of the allocation, with a minimum premium of 140.00 euros including taxes.

 

 

2. The auction, commission and auction costs:

Legislation on public auctions applies. This includes:

• The auction takes place under the direction and/or supervision of a civil-law notary or bailiff.

• The horses can be viewed in advance. Consequently, the buyer is deemed to have been fully, personally and under his own responsibility informed about the condition of the horses.

• The bids are auctioned, with increases as stated below.

• The notary or bailiff assigns the horse to the highest accepted bid.

 

The seller has the horses viewed in advance:

• For live auctions starting from 6 pm or later:

in the stables near the auction hall on the day of the auction from 2 pm to two hours before the start of the auction.

• For live auctions starting at 3 pm:

in the stables near the auction hall on the day of the auction from 10 a.m. to 1 p.m.

• For online auctions:

at the stable address during two consecutive Saturdays from 2 pm to 6 pm, being the last two Saturdays before the closing of the bids. The stable address is stated on the website of the auction organization.

 

The horses are used for a starting amount chosen by the seller in consultation with the auction organization. This chosen starting amount cannot be lower than the minimum reduced starting amount for our auctions and cannot exceed the minimum selling amount. If the seller has not given a starting amount, the horses will be used at the auction at the normal starting amount for our auction.

• For live auctions:

If there is no interest in the horse for the starting amount, it will not be sold in the first convocation. If no sales have been made in the first convening notice, or if the highest bid is lower than the predetermined minimum amount, the seller may present the horse a second time the same day after all horses have been presented a first time. The starting amount for this second performance is the reduced starting amount, but never lower than the highest bid in the first convocation.

• For online auctions:

If there is no interest in the horse up to 24 hours before the closing of the bids, the starting amount will be reduced to the reduced starting amount, or to the normal starting amount if the higher was bet.

 

Unless the seller chooses a higher starting amount, the normal starting amount and the reduced starting amount for our auctions are:

• Foals and yearlings:

Normal starting amount 5,000 euros, reduced starting amount 3,500 euros.

• All other horses:

Normal starting amount 7,500 euros, reduced starting amount 5,000 euros.

The starting amount can never be lower than the reduced starting amount.

Increase the bids by the following amounts per bid:

• The first bid is equal to the starting amount.

• Up to €25,000 the increase is €500 per bid.

• Between €25,000 and €50,000, the increase is €1,000 per bid.

• Between €50,000 and €100,000, the increase is €2,500 per bid.

• Between €100,000 and €250,000, the increase is €5,000 per bid.

• Above 250,000 € the increase is 10,000 € per bid.

In the case of live auctions, the auctioneer may deviate from this.

The bids are always without VAT. The allocation amount is subject to VAT regulations if the seller is VAT registered.

 

Until the close of the bidding, each bidder is bound by his bid and after the closing of the bidding, the five highest bidders remain bound until either the award or the withdrawal of the horse.

 

The five highest bids are binding for ten days after the closing of the bids. The allocation, or withdrawal, of the horse takes place within ten days at an auction. The seller reserves the right to accept or reject the offer. The assignment can only be completed when the seller has accepted the price offered, both in a live auction and an online auction.

 

In live auctions, bidding is done by a show of hands.

The seller can decide not to proceed with the sale until just before the horse is allocated. Once assigned, the sale is final.

Until the close of the bidding, each bidder is bound by his bid and after the closing of the bidding, the five highest bidders remain bound until either the award or the withdrawal of the horse.

 

With online auctions, the bids are made exclusively online via the platform offered.

If a bid is placed in the last ten minutes before the initially set end time, the end time will be extended by ten minutes. If another bid is made in these last ten minutes, the period within which a bid can be made will be extended again by ten minutes. This process will end at midnight at the latest.

 

Whoever makes a valid bid during a public auction is deemed to be able to maintain this bid and to bear the consequences of the purchase.

The buyer buys the goods as they are, without warranty, right of withdrawal or mourning sale.

Responsibility passes to the purchaser upon allocation, the enjoyment accrues to the purchaser from delivery.

 

Assigning:

Only the notary or bailiff can allocate a horse. The auctioneer can organize the auctions, receive the bids and allocate provisionally.

For the assignment, the notary or bailiff must be able to establish the identity of the buyer. The auction organisation, civil-law notary or bailiff can therefore always request a copy of each bidder's identity document.

In the context of a sale, the notary or bailiff can refuse persons who are unknown to him or whose identity or financial position have not been proven, or who are not solvent. The notary or bailiff can then fall back on the second highest bidder. When a civil-law notary or bailiff refuses a bid, he is not required to draw up a reasoned report.

The horse is assigned to the highest accepted bid when the seller has accepted the price offered. If allocation to the highest bidder is not possible, the second highest bidder will be regarded as the highest bidder.

In the case of an online auction, the buyer authorizes the director of the auction organization to sign the official report of allocation in his name. This power of attorney is automatically given by the buyer by placing bids.

 

At a live auction:

assigns the notary or bailiff after the end of the bids to the highest accepted bid, after acceptance of the bid by the seller.

In the presence of the seller, he accepts or rejects the highest acceptable offer.

In his absence, he authorizes the organization to accept the offer in his name when the predetermined minimum amount has been reached. If the predetermined minimum amount is not reached, he authorizes the organization not to accept the offer on behalf of the seller.

The buyer or his authorized representative signs the official report of assignment.

 

At online auctions:

Up to 3 days after the closing of the bids, the seller can inform the auction organization by email to info@dressagehorse.auction / info@jumpinghorse.auction that he does NOT agree to the sale at the highest bidder. If he does not report or does not timely report that he does not agree with the sale, he is deemed to agree with the sale.

The official report of allocation is signed by the director of the auction organization, with the power of attorney of the buyer to sign the official report of allocation on his behalf.

 

In the case of both live and online auctions, the seller authorizes the director of the auction organization Dressage Horse Auction BV to sign the official report of allocation on behalf of the seller.

 

The proposed minimum amount:

The seller can indicate a predetermined minimum amount for sale when registering for the selection.

This minimum amount is important for:

• The selection and marketability at our auction.

• The commission in the event of non-allocation.

• Whether or not to allocate in live auctions.

If the seller does not specify a predetermined minimum amount, the reduced starting amount is taken as the predetermined minimum amount for sale.

 

The Commision:

If a horse is not allocated for the predetermined minimum amount, the seller does not owe any commission.

If the desired minimum amount or higher has been bid and the seller does not allow the horse to be allocated, the seller owes compensation equal to the commission he would normally have owed, increased by the amount that the buyer would normally have paid in auction costs. This compensation can never be less than five thousand euros (5,000 €).

The registration fee, the commission, the auction costs and the compensation are payable to the organization. These amounts are subject to VAT regulations.

 

The seller pays the following commission to the auction organization, to be calculated on the amount of the allocation:

• 4% commission on live auctions,

• 2% for online auctions.

The commission is subject to VAT regulations.

 

The buyer pays a 10% auction fee on the allotment amount. The auction costs are subject to VAT regulations.

 

 

3. Miscellaneous

From the assignment of the horse to the collection, the seller takes care of the horse with due care.

All bids and payments are made in Euro only. All monies, both from the buyer and seller, are due immediately upon assignment, or upon withdrawal from the auction or sale.

VAT will always be charged on the settlement, except on the allocation amount if the seller is not subject to VAT. In the case of export, this is a provisional charge as security for this amount. In case of export of the horse, the buyer will submit a valid export document to the organization within 3 months after the auction, under penalty of final charging of VAT.

Neither the seller nor the buyer can derive any rights from the fact that the auction organization has selected the horses and, if necessary, subjected them to a veterinary examination at its request.

The information regarding the horses is only intended to give an impression of the qualities of the horses, without claiming to be complete and without giving any guarantees. When describing the horse, the organization depends on the information provided by a seller or third parties. The organization is not liable for any printing errors and/or material errors on its website and/or (online) catalogue.

The organization is not a party to the purchase/sale relationship of the horse offered for sale. The organization acts as an auction service and as an intermediary between the seller and the buyer of the horse. The organization, preparation and execution of the auction are exclusively determined by the organization. This means, among other things, that the organization determines the course of events prior to and during the auction and has the authority not to auction one or more horses or not to recognize a bid and to declare it invalid, to suspend or resume the auction. , extend or cancel and/or take other measures it deems necessary.

 

The buyer comes to collect the horse from the seller, at the latest within two weeks after the assignment, after he has made the full payment to the escrow account of the succeeding notary (or bailiff). The organization notifies the buyer and the seller that the horse can be picked up. The buyer informs two days in advance of the day and time that he will collect the horse. If the horse is not picked up during these two weeks, the seller may charge the buyer a stable fee of 25 € per day from the 15th day after the auction.

Foals must be at least three months old when the bids are opened. Younger foals cannot be admitted to the auction.

Foals can stay with their mother until they are five months old. If a foal is younger than five months on the day of the auction, the collection period starts on the day the foal reaches the age of five months. The buyer can decide to pick up the foal earlier.

The payment by the buyer must in all cases be transferred to the account of the organization, unless it is indicated that the funds must be transferred to the third-party account of the succeeding civil-law notary (or bailiff). Payments must arrive no later than two weeks after the allocation. In the event of late payment, the organization will charge 25 euros per day of delay, with a minimum of 500 euros.

At the seller's request

• in case of late payment

• in case of bankruptcy

• or established insolvency of the buyer

the civil-law notary or bailiff, in consultation with the auction organization, is authorized to nullify the sale.

 

In the event of late payment, the seller is free to initiate collection proceedings against the buyer. The costs associated with the collection procedure are borne by the buyer.

If the sale is nullified, the seller does not owe any commission to the organization.

The nullification of a sale or purchase is determined by the relevant notary or bailiff of the auction, and this is reported in an additional official report.

 

Participation in the selections and the auction are entirely the seller's responsibility. He declares to have taken out liability insurance for damage to third parties.

In the event of damage that may involve the liability of the seller or the auction organization, of whatever nature, he will in any case indemnify the auction organization against all damage exceeding the registration fee.

 

Health certificate:

The presence of a health certificate for the intra-Community movement of horses is mandatory. The seller will ensure, at his expense, that the health certificate is present for transport to and from the auction site at life auctions.

Before collecting the horse, the buyer asks the seller to provide the health certificate if a health certificate is required. This health certificate is at the buyer's expense.

 

If no health certificate can be obtained, the owner informs the organization of this, stating the reason on a report from the veterinarian who refuses to issue the health certificate.

 

If no health certificate can be obtained for participation in a live auction, the horse will be offered at the organization's next auction. It is stated at the auction that the horse in question is not present.

If the auction is not possible within one hundred days after the original auction date, or if no health certificate can be delivered yet or if the organization does not organize another live or online auction, it will be regarded as force majeure and the seller will not owe any compensation.

 

If no health certificate can be obtained for the delivery within three months after the auction, the buyer can ask to cancel the purchase due to non-delivery of the horse. The normal commission payable by the seller is retained.

 

The seller cannot charge extra stable costs if the delay in delivery is caused by not obtaining the necessary health certificate for the horse.

 

 

4. Conditions only valid for a forced public sale:

At the request of a bailiff, Dressage Horse Auction BV can organize an online auction to auction confiscated animals.

The conditions of sale drawn up by the seizing public official are followed, and stated at the auction.

The horses are sold without insurance for mortality, humane euthanasia, theft & colic.

The horses are sold without medical examination.

The information on the placards, in the announcements and on the sales website is for informational purposes only. The horses were on display. Consequently, the buyer is deemed to have been fully, personally and under his own responsibility informed about the condition of the horses.

 

The seizing bailiff will monitor the auction, assist and allocate the animals. The terms and conditions of sale are stated on the website with the animal to be auctioned.

In execution of a herd, all horses can be auctioned. So are horses of other breeds than for dressage or jumping sport possible, ponies, crosses between breeds, horses that do not belong to a breed, …

The registration for the auction is 500 euros per animal from the same herd, with a minimum of 1000 euros per auction. The amount of the registration is deducted for 50% when calculating our final commission per animal, without any refund calculated per animal.

In the event of a forced public sale, the commission for the Dressage Horse Auction organization is set at 20% on the amount offered up to 7,500 euros. For sales exceeding 7,500 euros, the commission for the organization Dressage Horse Auction is 15% on the amount exceeding 7,500 euros.

The commission is withheld from the seller.

The commission and registration fee are always subject to VAT.

Inclusion in a live auction is only possible if this auction already offers twenty or more horses of the same category as the seized animal.

 

Generalities:

Any dispute arising from this auction and its consequences will be exclusively governed by Belgian law, to the exclusion of the provisions of the Vienna Sales Convention on international purchase-sale. In particular, the law on public auctions applies, including with regard to consumer law. Only the courts that have jurisdiction at the location of the auction organization's registered office have exclusive jurisdiction to take cognizance of any disputes.

 

www.DressageHorse.Auction and www.JumpingHorse.Auction are the websites and auctions of

Dressage Horse Auction bv,

Kerkgate 7,

B 9700 Mater, Belgium,

company number 0783.814.537.

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