1.CHRISTMAS FREE JUMP SALES (a company in formation, here legally represented by at least two of its partners), reachable by telephone via Luk Van Puymbroeck: +32 478 436 163 and by email at info@christmasfreejumpsales.com, is organising a live and online auction for young showjumping horses.
2.Participation in the auction as buyer or seller implies awareness of and explicit, unconditional acceptance of these auction terms and conditions.
3.CHRISTMAS FREE JUMP SALES sells young showjumping horses through its auction on behalf of and for the account of third parties. CHRISTMAS FREE JUMP SALES acts as an auction service. The auction committee acts as intermediary between seller and buyer. A buyer who is not physically present but wishes to bid must register via the website christmasfreejumpsales.com before he/she can take part in the auction. Furthermore, by participating in an auction, the buyer declares to have legal capacity and to be authorised to perform legal acts and concludes that he/she is authorised to enter into a purchase agreement. Upon first request, the buyer must present valid identification or a mandate proving that he/she may represent the buyer; failing this, the buyer may not participate in the auction. The buyer is obliged to ensure that all information provided during registration is complete, correct, and truthful. The username and password used by the buyer for an auction are strictly personal and may not be transferred to third parties. The buyer is liable for and bound by all transactions that take place during an auction resulting from the use of his/her username and/or password, including in cases of misuse.
4.The buyer acknowledges that the services available via the website are limited to the technical facilitation of following the auction online and participating as a bidder. CHRISTMAS FREE JUMP SALES has and accepts no responsibility for the organisation and conduct of the auction via the website belgianyoungsters.auction.
5.The sale is concluded under Belgian law by means of auction and allocation to the highest bidder after payment of the settlement amount, to be increased with VAT if applicable. The auction is supervised by an auctioneer appointed by the auction organisation, who draws up a report of allocation.
6.Bids and payments are made in EURO.
7.Private buyers/consumers have a 14-day right of withdrawal.
8.The horses are allocated to the highest bidder. The settlement for the buyer is calculated as follows: the allocation price + 10% buyer’s commission on the allocation price = net price, increased with any applicable VAT, constitutes the settlement amount. By placing a bid, the bidder undertakes to pay the settlement amount unless a higher bid is subsequently placed.
9.On top of the allocation price, the buyer pays CHRISTMAS FREE JUMP SALES a commission of 10% (excluding VAT) on the allocation price for services and auction costs. Auction costs are payable in cash to the auction organisation and must, in any event, be settled in full prior to delivery of the horse to the buyer, into the account of CHRISTMAS FREE JUMP SALES.
10.The settlement amount is immediately due upon allocation.
11.The lots are auctioned in the condition they are in at the time of the auction. The buyer may, prior to taking a purchase decision, submit the lots to a free-movement inspection or a veterinary examination. Such inspections are only possible by prior appointment.
12.Neither the seller nor the buyer can derive any rights from the fact that the auction organisation selected the horses and, where applicable, submitted them to a veterinary examination. Prior to selection and the auction, the horses underwent a veterinary inspection. Reports and X-rays will be provided by email upon first request to interested parties. For additional questions regarding the veterinary inspection, interested parties may contact the attending veterinarian.
13.The information regarding the horses is intended only to give an impression of the qualities of the horses offered, without claiming to be exhaustive and without providing guarantees. The auction organisation depends on information supplied by sellers or third parties when describing a lot. The auction organisation is not liable for possible printing errors and/or material inaccuracies on its website and online catalogue.
14.Ownership of the horses transfers at the moment of payment by the buyer to the auction organisation.
15.All liability regarding the auctioned horses transfers to the buyer upon delivery. After the auction and after payment of the full settlement amount, buyer and seller will agree mutually on delivery arrangements. The legal relationship of purchase/sale is concluded between buyer and seller, it being understood that with regard to the buyer, the seller—rather than the auction organisation—is liable for any defect the horses may display after the auction.
16.In case of export, the buyer must present a valid export document to the seller within 3 months, failing which the seller will charge the applicable VAT.
17.The buyer is hereby informed that he/she may immediately insure the purchase via CATHERINE DE BUYL HORSE INSURANCE.
18.In case of disputes between the auction organisation and auction participants (buyer or seller), or disputes between buyer and seller, only the Dutch text is legally binding. Any translation of these auction terms into a language other than Dutch is for information purposes only.
19.The auction organisation has final authority to settle all disputes arising during the auction procedures.
20.Any dispute arising from this auction and its consequences is governed exclusively by Belgian law, excluding the provisions of the Vienna Convention on the International Sale of Goods. The Court of First Instance of East Flanders, Ghent division, and the Ghent Enterprise Court, Ghent division, have exclusive jurisdiction over any disputes.
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