Online Auction Conditions Buyer
1. Z Online Auction is organized by Stoeterij Zangersheide NV with registered office at Domein Zangersheide, B-3620 Lanaken.
2. Participation in this auction implies the explicit and reservation-free knowledge and acceptance of these auction conditions.
3. Stoeterij Zangersheide NV sells horses via its website on behalf and for account of third parties. Stoeterij Zangersheide NV acts as auction service. The auction committee acts as mediator between seller and buyer. Buyers must register themselves via the website www.zangersheide.auction before being allowed to participate in the Z Online Auction.
4. The buyer who wishes to bid must register on the auction website www.zangersheide.auction in the prescribed manner before he can participate in the auction. This registration constitutes unconditional acceptance of the terms and conditions of the auction. Furthermore, by participating in an auction, the buyer declares to be authorised to perform legal acts and the buyer declares to be authorised to enter into a purchase agreement with regard to the horse in question. Stud farm Zangersheide NV reserves the right to refuse registration and participation in an auction at any time or to terminate it unilaterally. At Stoeterij Zangersheide NV's first request, the purchaser must submit valid proof of identity, in the absence of which the purchaser may not participate in the auction. The purchaser is obliged to ensure that all information to be provided by the bidder to Stoeterij Zangersheide NV upon registration is filled in completely, correctly and truthfully and the purchaser guarantees the correctness and completeness of the information provided by him. Should this information change at any time, the purchaser is obliged to immediately inform Stoeterij Zangersheide NV of such change(s). The user name and password used by the purchaser for an auction are strictly personal and may not be transferred by a purchaser to third parties. If the purchaser suspects that someone else knows his or her password, the bidder must immediately inform Stoeterij Zangersheide NV. The buyer is liable for and bound by all transactions which take place at an auction and which result from the use of his/her password and/or user name, also in the event of misuse if the buyer has handled his/her user name and password carelessly.
5. The buyer is aware and expressly 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 has no responsibility whatsoever for the organisation and course of the auction via its website (for example and without wanting to be exhaustive: the failure of the website during the auction or the delay in the operation of the website during the auction). Stoeterij Zangersheide NV makes every effort to secure its systems against loss of data and/or against any form of unlawful use and will take appropriate technical and organisational measures to this end. In his dealings with Stoeterij Zangersheide NV the buyer is obliged to adequately secure the computer and/or any other device that he uses to gain access to the auction website and, as usual, to protect it against viruses or other unlawful programmes or files that may be spread via the internet.
6. The horses are auction in the condition they have at the time of the auction.
7. The sale is realised under Belgian law by means of bidding and allotment to the highest bidder after payment of the settlement amount, whether or not to be increased by VAT.
8. The auction will be supervised by a bailiff to be appointed by Stoeterij Zangersheide NV, who will draw up an official report of the allotment. The bailiff will settle in the last instance all disputes that may arise during the auction.
9. Bids and payments are made in EURO. The auction proceeds according to the following bidding steps:
- From € 500 - € 20,000 per € 500
- From € 20,000 to € 50,000 per € 1,000
- From 50,000 euros - 100,000 euros per € 2000.00
- From € 100,000 per € 5,000
10. The website will state an indicative closing time of the auction per specific lot. If, however, a bid is made in the last 5 minutes before the closing time of a lot, the auction time for that specific lot will again be automatically extended to 5 minutes. The extended time will become the new indicative closing time.
11. In addition to the allotment price, the buyer will pay Stoeterij Zangersheide NV a percentage of 10% (excluding VAT) of the allotment price by way of commission and for the mediation in the auction costs. Stoeterij Zangersheide NV will give the buyer an invoice for these services, the amount of which is to be promptly transferred into the account of Stoeterij Zangersheide NV, previous to the delivery of the horse to the buyer.
12. In the auction a horse is allotted to the highest bidder. The settlement of the sales price by buyer is calculated as follows: the allotment price + 10% of such allotment price as buyer’s commission = net price, to be increased with any VAT possibly due, which constitutes the total settlement amount. By making a bid, the bidder undertakes to pay the settlement amount, unless a higher bid is made thereafter. 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.
13. The settlement amount is immediately due upon allotment.
14. Any liability regarding the auctioned horses is immediately after allotment transferred to the buyer. After auctioning AND payment, buyer and seller will make arrangements for the delivery in mutual consultation. The legal relationship exists directly between buyer and seller, with this understanding that the seller is liable to the buyer, with explicit exclusion of the auction organisation, for any shortcoming a horse may display after the auction.
15. Neither seller or buyer can derive any rights from the fact that the auction organisation selected the horse and, when deemed necessary, subjected the horse to a veterinary examination at its request.
16. The information provided about the horses is exclusively intended to give an impression of the qualities of the horses, without pretending to be complete and without offering any guarantees. For the description of a lot in its catalogue, Stoeterij Zangersheide NV is purely led by the information about that lot provided by the seller or a third party. Stoeterij Zangersheide NV is not liable for any printing mistakes and/or material errors in the auction catalogue or on its website and online catalogue.
17. If not otherwise agreed between the Buyer and the Seller after the Auction and passed on to ZANGERSHEIDE, the horse will be collected from the Seller at the expense of the Buyer. Delivery will only take place after ZANGERSHEIDE has informed the Seller that the settlement amount, as defined in article 11 of these auction conditions, has been deposited into the account number of ZANGERSHEIDE. The seller is allowed to charge stable money for the horse from 30 days after the auction ends.
18. In case of export of a horse, the buyer will submit valid transport documents within 3 months after the auction, on forfeiture of a penal sum consisting of the VAT as yet to be charged.
19. In the event of a dispute only the Dutch text will prevail. The translation of these auction conditions into another language is purely informatory.
20. The auction organisation shall - in the event of a dispute arising between the Seller and the Buyer which relates to the auction - make every effort to settle this dispute between them amicably. If any of the parties believes that no solution has been reached, the Court of the district of Tongeren will be exclusively competent. To the relationship between the Seller and the Buyer Belgian law applies.
21. Any dispute arising from this auction and its consequences will be exclusively ruled by Belgian law with exclusion of the provisions of the Vienna Sales Treaty regarding international purchases/sales. The Court of Commerce of Antwerp, Tongeren department and the Court in first instance of Limburg, Tongeren department, are exclusively competent to take cognizance of any disputes.