Conditions

General Auction Terms and Conditions – Hunter Pony Auction

Article 1 – Definitions

  • Auctioneer: Equine Select BV under working name: HPSS – Hunter pony select sale, organizer of the auction, established in Middelbeers, The Netherlands; Chamber of Commerce [98196405].
  • Auction Website: the online platform operated by the Auctioneer.
  • Bidder: a registered participant in the auction.
  • Buyer: the party whose bid is accepted and to whom a lot is allocated.
  • Seller: the owner of a pony offering it in the auction.
  • Purchase Price: the amount of the highest accepted bid in euros (€), excluding Buyer’s Premium, VAT, sales tax, duties, or other fees.
  • Buyer’s Premium: the commission charged to the Buyer (10% of the Purchase Price, excluding VAT).
  • Purchase Agreement: the binding contract between Buyer and Seller concluded through the auction.
  • Delivery: the physical handover of the pony to the Buyer or its transport agent.
  • Veterinary Report: a clinical inspection report, and if available X-rays, submitted prior to the auction.

Article 2 – Applicability

  • These Terms apply to all participation in the auction, bids, sales, and resulting agreements.
  • By registering, the Bidder acknowledges and accepts these Terms.
  • The Auctioneer may amend these Terms at any time; the version published on the Auction Website at the start of the auction is binding.
  • Only this English version is legally binding.

Article 3 – Role of the Auctioneer

  • The Auctioneer facilitates the auction but is not a contractual party to the Purchase Agreement between Buyer and Seller.
  • The Auctioneer is not liable for any performance or health condition of the pony, nor for omissions or errors in the catalog.
  • The Auctioneer may refuse, correct, or cancel bids, and may exclude participants without stating reasons.

Article 4 – Auction Procedure

  • All lots are sold “as is”  in their condition at the time of sale, without guarantees of future performance or suitability.
  • All bids are placed in euros (€) and are binding and irrevocable.
  • The Auctioneer determines bid increments and may bid on behalf of the Seller up to the reserve price.
  • The auction closes at the announced time; if a bid is placed in the final 5 minutes, closing automatically extends by 5 minutes.
  • The highest accepted bid constitutes allocation; the Purchase Agreement is concluded immediately between Buyer and Seller.

Article 5 – Veterinary Reports and Seller’s Duty to Disclose

  • Each pony is accompanied by a Veterinary Report; if X-rays are available, they are shared with prospective Buyers.
  • Sellers must disclose all known stable vices (cribbing, weaving, windsucking).
  • Buyer may arrange a pre-auction inspection at own expense.
  • Seller guarantees that the pony is free of stable vices for at least 48 hours after Delivery; if confirmed by a veterinarian, Buyer may cancel the purchase and return the pony.

Article 6 – Payment

  • Buyer must pay within 5 business days after allocation:
    • the Purchase Price in euros (€),
    • Buyer’s Premium,
    • applicable VAT
    • The buyer will first receive a payment request. A final invoice will be issued once payment has been completed.
  • The Auctioneer holds the payment in trust until Delivery is confirmed.
  • Export outside EU:
    • Buyer must provide valid customs export documents within 60 days of the invoice date.
    • If such documents are not provided in time, Buyer is liable for VAT in addition to the Purchase Price.
  • No pony, passport, or ownership documents will be released before full payment has been received by the Auctioneer.
  • Late payment: Buyer owes 1% interest per month plus a fixed penalty of 10% of the invoice amount (minimum €1,000).
  • The buyer is responsible for arranging and covering the costs of blood testing immediately after purchase. Should the results show piro-positive, the purchase price will be fully refunded. All costs related to the bloodwork remain the responsibility of the buyer at all times.
  • For VAT-ponies; sales outside the EU, 0% VAT will be applied (provided the Buyer supplies valid export documentation within 60 days of the invoice date).
    For sales within the EU, 21% VAT will be added to the Purchase Price.
  • For ponies in the Margin Scheme; Ponies sold within the EU may be sold under the VAT margin scheme (no additional VAT charged on the hammer price).
  • The applicable regime (VAT or margin scheme) will be specified in the catalog entry of each pony.

Article 7 – Delivery, Transport, and Risk

  • Delivery within the EU must occur within 15 days after the auction, unless otherwise agreed.
  • Transport and associated costs (health certificates, quarantine, customs clearance, duties, insurance etc ) are entirely for the Buyer.
  • Risk passes to Buyer at the moment of moneytransfer.

Article 8 – Default and Dissolution

  • If Buyer fails to pay or accept Delivery on time, the Seller may dissolve the Purchase Agreement without prior notice of default.
  • Buyer remains liable for the full Purchase Price, VAT, commissions, and all additional costs or damages.
  • The Auctioneer may re-auction the pony; any deficit remains payable by the Buyer, plus a penalty of €10,000.

Article 9 – Complaints

  • Buyer must notify Seller in writing within 3 days of Delivery of any non-conformity, with copy to the Auctioneer.
  • If the defect is repairable and confirmed in writing by a veterinarian, Seller shall remedy it at no cost.

Article 10 – Liability

  • The Auctioneer is not liable for:
    • health condition (including OCD, hereditary conditions, or later discovered defects),
    • catalog inaccuracies,
    • indirect damages such as loss of profit.
  • Seller is solely responsible for the correctness of information provided about the pony.
  • Any liability of the Auctioneer is limited to the commission received.

Article 11 – Consumers

  • If Buyer is a consumer (private individual), statutory consumer protection rules and right of withdrawal apply insofar as mandatory law requires.

Article 12 – Governing Law and Jurisdiction

  • These Terms are governed by Dutch law.
  • The CISG (Vienna Convention on the International Sale of Goods) does not apply.
  • Any disputes shall be submitted exclusively to the competent court of Oost-Brabant, the Netherlands.

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