Online auction conditions Zangersheide Breeders Auction
- The Z Online Auction is organised by Stud farm Zangersheide NV, based in Zangersheide, B-3620 Lanaken.
- Participation in this auction is accompanied by the express and unconditional knowledge and acceptance of these auction conditions.
- Stoeterij Zangersheide NV sells horses/ foals/embryos via its website on behalf of and for the account of third parties. Stoeterij Zangersheide NV acts as an auctioneer. The auction committee acts as intermediary between seller and buyer. The buyer must register via the website www.breeders.zangersheide.auction before being able to participate in the Z Online Auction.
- The buyer who wishes to bid must register in the prescribed manner on the auction website www.breeders.zangersheide.auction before he can participate in the auction. Such registration shall be considered as unconditional acceptance of the auction conditions. Furthermore, by participating in an auction, the buyer declares that he is authorised to perform legal acts and declares that he is authorised to conclude a purchase agreement relating to the horse/foal/embryo concerned. Stoeterij Zangersheide NV reserves the right at any time to refuse registration and participation in an auction or to unilaterally terminate it. At the first request of Stoeterij Zangersheide NV the buyer must present valid proof of identity, failing which the buyer will not be allowed to participate in the auction. The buyer is obliged to ensure that all information to be provided by the bidder to Stoeterij Zangersheide NV at the time of registration is complete, correct and truthful and the buyer guarantees the correctness and completeness of the information provided by it. Should this information change at any time, the buyer is obliged to immediately notify Stoeterij Zangersheide NV of this (these) change(s). The user name and password used by the buyer for an auction are strictly personal and may not be transferred by the buyer to third parties. If the buyer suspects that someone else knows his or her password, the buyer must immediately notify Stoeterij Zangersheide NV of this. The buyer is liable for and bound to all transactions that take place at an auction and which result from the use of his/her password and/or user name, also in the case of abuse if the buyer has been careless with his/her user name and password.
- The buyer is aware and explicitly agrees that the services available via the website are limited to making it technically possible to follow the auction via the internet and to participate in the auction as a bidder. Stoeterij Zangersheide NV does not accept any responsibility for the organisation and the course of the auction via its website (for example and without limitation: the breakdown of the website during the auction or the delay in the functioning of the website during the auction). Stoeterij Zangersheide NV makes every effort to secure its systems against loss of data and/or any form of unlawful use and takes appropriate technical and organisational measures to this end. In its dealings with Stoeterij Zangersheide NV the buyer is obliged to adequately secure the computer and/or any other device which it uses to gain access to the auction website, and as usual to protect it against viruses or other unlawful programmes or files which may be spread via the internet.
- The horses/foals/embryos will be auctioned in the state in which they are at the time of the auction.
- The sale is made in accordance with Belgian law by acceptance of the offer by the seller and after payment of the invoice amount, whether or not to be increased by VAT.
- The sale is made in accordance with Belgian law by means of acceptance of the bid by the Seller and after payment of the settlement amount.
- Bids and payments are made in EURO. If you place a bid, you agree to pay for the horse/foal/embryo if you are the highest bidder. It is not possible to withdraw your bid.
- The seller has 48 hours to accept the offer or make a counter offer. After this 48-hour period, the offer expires.
- An offer accepted by the seller for a horse/foal/embryo leads to a binding agreement under which the buyer is obliged to actually complete the transaction. By submitting an offer, the bidder agrees to pay the invoice amount. The billing for the buyer is as follows: the selling price plus applicable VAT = net price, is the invoice amount. The private buyer/consumer has a right of withdrawal of 14 days. The initial buyer is obliged to pay Stoeterij Zangersheide NV the costs involved in this resale, at least the difference in the purchase price that was not realised during the resale.
- The invoice amount is due immediately upon award of the bid. Once the seller has accepted the offer, the buyer will receive an e-mail stating the invoice amount and the contact details of the seller.
- Any liability for the auctioned horse/foal/embryo shall pass to the buyer 5 days after award of the bid. The legal relationship exists directly between buyer and seller with the proviso that the seller and not the auction organisation is liable to the buyer for any defects that the horses/foals/embryos display after the auction.
- Ownership of the horse/foal/embryo shall transfer at the time of payment of the settlement amount by the Buyer to the Seller.
- Delivery shall only take place once the total settlement amount has been transferred to the Seller's account. Delivery will take place in mutual consultation with the Seller but in any case after payment of the settlement amount. If not otherwise agreed between Seller and Buyer and notified to Zangersheide, the horse/ foal/embryo will be collected from the Seller at the expense of the Buyer.
- Neither the seller nor the buyer can derive a claim from the fact that the auction organisation selected the horses/foals/embryos and that they were examined by a veterinarian on request.
- All information about the horses/foals/embryos is intended only to give an impression of the qualities of the horses/foals/embryos without any claim to completeness and without guarantee. When describing a lot on its website Stoeterij Zangersheide NV depends on the information supplied by a seller or third party about the lot. Stoeterij Zangersheide NV cannot be held liable for any printing errors and/or material mistakes in the auction catalogue or on its website and online catalogue.
- In case of export, the buyer shall submit a valid export document within 3 months after the sale, otherwise the VAT due will be charged.
- The auction committee shall - in case a dispute arises between the Seller and the Buyer in connection with the Auction - make every effort to resolve this dispute between them through mediation. Should one of the parties be of the opinion that no solution has been reached, then the court of Tongeren is exclusively competent. Belgian law is applicable to the relationship between the Seller and the Buyer.
- In disputes between the parties, the Commercial Court of Antwerp, Tongeren District and the Court of First Instance in Limburg have exclusive jurisdiction. All disputes arising out of this auction and their consequences are governed exclusively by Belgian law, excluding the provisions of the Vienna Sales Convention on the International Sale of Goods. The Commercial Court of Antwerp, Tongeren District and the Civil Court of Limburg, Tongeren District, are solely responsible for resolving any disputes.
- In the event of a dispute, only the text written in the Dutch language will apply.