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 unreserved knowledge and acceptance of these auction terms and conditions.
3. 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 the auction service. The auction committee acts as an intermediary between seller and buyer. The buyer must register via the website www.zangersheide.com before he can participate in the Z Online Auction.
4. The buyer who wishes to bid must register via the website www.zangersheide.com in the prescribed manner on the auction website before he can participate in the auction. This registration constitutes unconditional acceptance of the auction terms and conditions. Furthermore, by participating in an auction the buyer declares to be authorized to perform legal acts and the buyer declares to be authorized to enter into a purchase agreement with regard to the foal concerned. Stoeterij Zangersheide NV reserves the right to refuse registration and participation in an auction at any time or to terminate it unilaterally. At the first request of Stoeterij Zangersheide NV, the buyer must provide valid proof of identity, failing which the buyer 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 complete, correct and truthful and the purchaser guarantees the accuracy 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 buyer suspects that someone else knows his or her password, the bidder must notify Stoeterij Zangersheide NV immediately. The buyer is liable for and bound to all transactions which take place at an auction and which result from the use of his/her password and/or user name, also in case of misuse if the buyer has been careless with his/her user name and password.
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 and assumes no responsibility whatsoever for the organisation and course of the auction via its website (for example and without wishing to be exhaustive: failure of the website during the auction or 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 takes appropriate technical and organizational 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 which he/she uses to access the auction website, and as usual to protect it against viruses or other illegal programs or files which may be spread via the Internet.
6. The horses will be auctioned in the condition they are in at the time of the auction.
7. The sale comes about in accordance with Belgian law by auction and allocation to the highest bidder after payment of the settlement amount whether or not to be increased with VAT. The auction will be supervised by an auctioneer to be appointed by Stoeterij Zangersheide NV, who will draw up a report of the allotment.
8. Bids and payments will be in EURO. The auction will proceed according to the following bidding steps:
- From €500 - €20,000 per €500.
- From 20,000 euro - 50,000 euro per €1000,-
- From 50,000 Euros - 100,000 Euros per €2000.
- From 100,000 euro per €5000,-
9. An indicative closing time for the auction for each lot is indicated on the website. However, if in the last 5 minutes before closing a bid is placed on a lot, the auction concerning that lot will be automatically extended to 5 minutes. The extended time will become the new indicative closing time.
10. In addition to the allotment price, the buyer will pay Stoeterij Zangersheide NV a percentage of 10% (exclusive of VAT) on the allotment price as commission and for intervention in the auction costs. Stoeterij Zangersheide NV will issue an invoice to the buyer for these services, which is payable in cash and must be paid to the account of Stoeterij Zangersheide NV prior to delivery of the horse to the buyer.
11. The horses will be allocated to the highest bidder at the end of the auction. The settlement will be calculated for the buyer as follows: the allotment price + 10% on this allotment price as buyer's commission = net price, to be increased with possibly applicable VAT, is the settlement amount. By submitting a bid, the bidder commits to paying the settlement amount unless a higher bid is subsequently placed. The private buyer/consumer has a 14-day right of withdrawal. The initial buyer is obliged to pay to Stoeterij Zangersheide NV the costs associated with this resale, at least the difference in the purchase price which was not realized during the resale.
12. The settlement amount is due immediately upon assignment.
13. Any liability with regard to the auctioned horses will be transferred to the buyer immediately after allotment. After the auction and payment, buyer and seller will make arrangements for delivery in mutual consultation. The legal relationship lies directly between buyer and seller, on the understanding that with regard to the buyer, the seller and not the auction organization is liable for any shortcoming that the horses may show after the auction.
14. Neither the seller nor the buyer can derive any right from the fact that the auction organization selected the horses and, if necessary, subjected them to a veterinary examination at its request.
15. The information regarding the horses is only intended to give an impression of the qualities of the horses, without pretending to be complete and without giving any guarantees. When describing a lot in its catalog, Stoeterij Zangersheide NV is dependent on the information about the lot provided by a seller or third party. Stoeterij Zangersheide NV is not liable for possible printing errors and/or material mistakes in the auction catalog or on its website and online catalog.
16. Unless otherwise agreed between the seller and the buyer after the auction and communicated to Zangersheide, the horse will be collected from the seller at the expense of the buyer. Delivery will only take place as soon as Zangersheide has informed the seller that the settlement amount as defined in Article 11 has been credited to the account number of Zangersheide. The seller is permitted to charge stall fees from 30 days after the end of the auction.
17. In the case of a recipient mare, the mare must be delivered back to Stoeterij Zangersheide at the expense of the buyer after weaning. Transport of the pregnant mare from Stoeterij Zangersheide back to its owner is at the expense of the seller. The seller may ask the buyer for a guarantee of up to €3000 for his (rented) surrogate mare. This amount will be paid by the buyer to Stoeterij Zangersheide. When the recipient mare is delivered to Stoeterij Zangersheide in good condition, this amount will be refunded to the buyer.
18. In the event of export, the buyer will present a valid export document within 3 months on pain of the VAT due still being charged.
The buyer of an embryo or pregnant mare undertakes to register the born foal in Studbook Zangersheide vzw.
20. In case of dispute, only the Dutch text will apply. The translation of these auction conditions in a language other than Dutch is purely for information.
21. The Auction Committee will - in case a dispute arises between the Seller and Buyer in connection with the Auction - endeavour to solve this dispute between them through mediation. Should one of the parties be of the opinion that no solution has been reached, the Court of Tongeren shall have exclusive jurisdiction. Belgian law applies to the relationship between Seller and Buyer.
22. Any dispute arising from this auction and its consequences shall be governed exclusively by Belgian law to the exclusion of the provisions of the Vienna Convention on International Sales. The Commercial Court of Antwerp, Tongeren division, and the Court of First Instance of Limburg, Tongeren division, have exclusive jurisdiction to take cognizance of any disputes.