Online Auction Conditions Dutch Dressage Stars
GENERAL These Auction Conditions are binding.
The auction conditions of Dutch Dressage Stars (“Auction Conditions”) apply to the legal relationships between Dutch Dressage Stars BV / Holding, established in Lunteren, municipality of Ede, (“DDS”) and participants in the online auction of horses organized by DDS via www .dutchdressagestars.com (“Auction Site”) that commences on June 30, 2020 and ends on July 4, 2020. Any person bidding on any horse (s) (“Bidder” / “Buyer”) during the Auction is deemed to be the applicability of to have accepted these Auction Conditions.
The buyer is the person who makes the bid during the Auction that is accepted as the highest bid by DDS. A purchase agreement (“Purchase Agreement”) is concluded between the Buyer and the Seller when DDS accepts an offer from the Bidder / Buyer as the highest bid (“Hammer price”).
All amounts mentioned in these Auction Conditions are exclusive of VAT, unless stated otherwise.
THE AUCTION AND RIGHT OF WITHDRAWAL
The Auction takes place under the direction of DDS. DDS determines the order of the Auction. DDS has the right to deny anyone access to and / or participation in the Auction without giving reasons, or to impose (further) conditions on participation in the Auction.
To participate in the Auction as a Bidder, registration is required in the manner prescribed by DDS and, without reservation, the conditions and procedures applicable and / or declared by DDS to the Auction must be approved. DDS reserves the right to refuse and / or unilaterally terminate registration for the Auction and (further) participation of a Bidder in the Auction for reasons of its own. The Bidder must register digitally on the Auction Site before participating in the Auction. The Bidder will receive a strictly personal username and password that will allow access to the bidding system. The Bidder is responsible for all actions that take place at the Auction and that arise from the use of the Bidder's username and password. Bids are made digitally / electronically. The highest bid per horse is indicated on the Auction Site.
The Auction closes on a predetermined date and time. The duration of the Auction is indicated on the Auction Site. If a bid is placed in the last five minutes before the stated closing time, the closing time will (always) be extended by five minutes. Final closing will then take place five minutes after the last bid.
A Bidder accepts the special circumstances that may arise at an online auction, including technical imperfections that prevent a bid from being made on time.
A bidder with the second highest bid is obliged to keep his / her offer valid for 14 days after the closing of the online auction in case the highest bid is declared invalid or unfulfilled.
The horses offered for Auction are auctioned / sold without any action or refaction, in the state in which they are awarded, without liability of DDS regarding the value, condition and / or quality of auctioned horses. The risk of loss of and / or damage to and / or damage caused by the auctioned / purchased horse rests with the Bidder / Buyer from the moment of the conclusion of the Purchase Agreement.
The Bidder / Buyer offers at its own expense and risk and is held to its bid until a higher bid is accepted.
As long as DDS has not received full payment from the Bidder / Buyer, including under any other Purchase Agreements, DDS will remain the owner of the horse.
DDS compiles the Auction Site as carefully as possible. The information on the Auction Site is intended to give an impression of the quality of the horses offered for auction, without DDS thereby complying with it and without deriving any rights from it.
The horses offered for auction have been examined veterinary clinically. There is a veterinary report of the veterinary clinical examination, which can be viewed at the request of DDS until the end of the Auction.
The horses offered for auction have been examined x-ray. The X-rays were taken within three months prior to the Auction. The X-rays and a copy of the veterinary report drawn up on the basis thereof can be viewed on request to DDS until the end of the Auction.
The content of the aforementioned veterinary reports is binding for DDS and for the Bidder / Buyer.
Prior to the Auction, the horses offered for auction can be viewed at a time and location to be specified by DDS, insofar as possible and permitted under (government) measures related to the Corona virus.
BREAKDOWN AMOUNT, SALES, BUYER'S PAYMENT OBLIGATIONS
The Buyer must pay the Purchase Price in Euros to DDS within 24 hours after the date of the conclusion of the Purchase Agreement by transfer to the bank account number in the name of DDS, without any discount or setoff. The Purchase Price is calculated as follows: the Hammer price is increased by the applicable VAT rate. The VAT rate depends on the quality / nationality of the Seller, Buyer and applicable regulations.
In the absence of timely payment of the Purchase Price, the Bidder / Buyer is in default and DDS has the right to immediately sell the horse privately, whereby the offer of the original Bidder / Buyer no longer applies. The Bidder / Buyer is never entitled to an additional return on private sale and remains obliged to compensate the less return to DDS. DDS then also has the power, without notice of default, to regard the Purchase Agreement as dissolved without the Bidder / Buyer being entitled to compensation or damages. In the event of default on the part of the Buyer, DDS has a right of retention on the horse, the Bidder / Buyer owes DDS an administration fee of 6% of the Hammer price and the Bidder / Buyer is responsible for all (extra) judicial costs of collecting DDS 'claim on the Bidder / Buyer, with a minimum of € 1,000, owed to DDS. The buyer is not entitled to setoff.
19. If the Bidder / Buyer is assisted by a broker, the Bidder / Buyer must inform DDS of who that broker is prior to the Auction, failing which there is no right to commission. The commission will amount to 10% of the Hammer price.
(DELIVERY), PROPERTY TRANSFER AND COLLECTION
As soon as the Buyer has fulfilled all obligations under these Auction Conditions towards DDS, DDS is obliged to deliver the horse (including the horse passport) and transfer it to the Buyer and the Buyer is obliged to collect the horse from DDS within 4 days after that moment. Pick up address to be communicated to Buyer in the Netherlands. If these obligations cannot be met by DDS and / or the Buyer as a result of (government) measures, both national and international, related to the Corona virus, DDS will keep the horse at the Buyer's risk until 8 July 2020 free of charge. And thereafter keep, train and care for an amount of €25 per day owed by the Buyer to DDS. The (delivery) and collection obligation and the associated term are then suspended until such (government) measures are no longer in the way.
DDS EXCLUSION AND LIMITATION OF LIABILITY
DDS is not liable for damage caused by providing incorrect and / or incomplete information, regardless of the nature and extent of that damage and that information and regardless of the origin of that information.
DDS is not liable for damage incurred before, during and / or after the Auction by or to persons.
DDS is not liable for damage, direct or indirect and regardless of nature and scope, as a result of a failure to fulfill an obligation by a third party (parties).
DDS is not liable for the failure to comply with any obligation resulting from strikes, shortages, riots, disturbances, fire, flood, storm, explosions, natural disasters, war, epidemics and / or pandemics, government intervention, working conditions, earthquakes, lack of material or any other circumstance over which DDS could not reasonably influence.
The Bidder / Buyer is liable for all damage caused by himself and indemnifies DDS against any claim.
Any liability of DDS is at all times limited to an amount of up to € 10,000. The right to compensation will in any case lapse 12 months after the event from which the damage arises and for which DDS is liable, without prejudice to the provisions of art. 6:89 BW.
DDS is an entrepreneur for sales tax. Changes with regard to the applicable VAT rate may lead to a corresponding adjustment of the applicable VAT percentages.
If, with regard to the transfer of auctioned horses to another Member State of the European Union, the VAT / zero rate is invoiced at the request of the Bidder / Buyer, the Bidder / Buyer undertakes to fulfill all necessary conditions in order to effect a legally valid intra-Community transaction. accomplish.
If the application of the zero VAT rate proves impossible (in retrospect) due to any circumstance, the Bidder / Buyer will still owe an amount at that time in the amount of the amount that would be owed if there was a domestic delivery of the relevant horse. However, at the request of DDS, the Bidder / Buyer is obliged to immediately pay the aforementioned amount to DDS. In that case, repayment thereof will only take place if the bidder / purchaser has satisfied the conditions to the satisfaction of DDS. The Bidder / Buyer is liable and indemnifies DDS in any case for all damage resulting from non-compliance with the conditions. In addition, the Bidder / Buyer is liable for all (extra) judicial costs incurred by DDS, with a minimum amount of € 1,000.
Prior to the Auction, it will be announced per horse under which VAT regime the horse in question will be auctioned.
DISPUTES AND APPLICABLE LAW
The legal relationships between DDS and Buyer are exclusively governed by Dutch law, with the complete exclusion of the Vienna Sales Convention (CISG). Disputes will be settled in accordance with the Arbitration Rules of the NAI (Netherlands Arbitration Institute) by appointing one arbitrator in accordance with the list procedure. The arbitration will take place in the Netherlands. The arbitration procedure is conducted in the Dutch language.
The Dutch text of these Auction Conditions is binding.