General Terms and Conditions
• Pony Auction online auctions are organized by Equine Services with its registered office at Koedriesstraat 9, 3950 Bocholt, Belgium.
• Participation in the auction implies explicit and complete acknowledgment and acceptance of these auction terms without any reservation. Seller and buyer acknowledge to each other and to Pony Auction that they are bound to comply with the auction terms and the legal consequences that arise from them for the parties.
• Pony Auction is under no circumstances bound to more or other obligations towards the buyer and seller than those described in the auction terms.
Registration:
• The buyer must register via the website www.ponyauction.com in the prescribed manner before they can participate in the online auction. Pony Auction reserves the right to refuse registration and participation in an auction at any time and/or to terminate it unilaterally. The buyer is obliged to ensure that all information provided to Pony Auction during registration is complete, accurate, and truthful. The buyer guarantees the correctness and completeness of the information provided. If this information changes at any time, the buyer is obliged to immediately inform Pony Auction of these changes.
Auction:
• The auction is conducted by bidding. The bidder is bound by their bid, which is considered irrevocable and unconditional. This implies that the bidder is personally bound to Pony Auction and (after allocation) to the seller. • Bids and payments are made in EURO. The auction proceeds according to the following bid steps:
From 2,500 euros - 10,000 euros per €500.
From 10,000 euros per €1,000.
• The website indicates an indicative closing time for the auction per lot. However, if a bid is placed in the last 5 minutes before closing, the auction for that lot will automatically be extended by 5 minutes. The extended time becomes the new indicative closing time.
The horses are assigned to the highest bidder at the end of the auction.
• The auction is overseen by an auctioneer appointed by Pony Auction, who will draw up a report of the allocation. • Pony Auction determines at its discretion the execution of the auction. It can decide not to auction one or more lots, not to recognize and declare a bid invalid, to suspend, resume, extend, terminate, or cancel the auction early, and/or take other measures if it deems necessary.
• Buyer and seller acknowledge and accept the special circumstances inherent in an internet auction and the (technical) imperfections that may occur. Pony Auction cannot be held liable for this.
The Horses:
• The horses are auctioned in the state they are in at the time of the auction. Neither the seller nor the buyer can derive any rights from the fact that the auction organization has selected the horses and, if applicable, subjected them to a veterinary examination at its request. The information about the foals or horses is only intended to give an impression of the qualities of the foals or horses, without claiming to be complete and without giving guarantees. Pony Auction relies on the information provided by the seller or third parties about the lot for its description on its website. Pony Auction is not liable for any printing errors and/or material mistakes on its website and online catalog.
Sales:
• Pony Auction sells horses on behalf of and for the account of third parties via its website. Pony Auction acts as an auction service. The auction committee acts as an intermediary between seller and buyer. The sales contract between buyer and seller is automatically established through the auction and as a result of the allocation to the highest bidder in accordance with the description in these auction terms. Pony Auction is not bound by the sales contract, the resulting obligations, and any additional agreements between buyer and seller. Nor is it liable for any shortcomings of the buyer or seller. Pony Auction only provides an auction service to the parties and at no time becomes a party to the agreement, nor does it commit itself in any way ever in the name and/or for the account of seller or buyer/bidder.
Price and Payment:
• The buyer receives a settlement from Pony Auction regarding the allocation price. In addition to the allocation price, the buyer pays a percentage of 10% on the allocation price (excluding VAT) as a commission and for the auction costs. Pony Auction issues an invoice to the buyer for these services, which must be settled before the delivery of the horse or foal to the account of Pony Auction. The total settlement for the buyer is calculated as follows: the allocation price plus the commission. This net price is increased by any applicable VAT, which constitutes the total settlement amount.
• In the case of export, the buyer must timely submit a valid export document, failing which the applicable VAT will still be charged.
• The settlement amount is immediately due upon allocation.
Ownership, Risk, and Delivery:
• All risks and liabilities regarding the auctioned ponies transfer to the buyer immediately after allocation. Ownership transfers at the time of payment of the settlement amount by the buyer to the auction organization. • After the auction and payment, buyer and seller mutually arrange for transportation and delivery, the costs of which are borne by the buyer unless otherwise agreed. An exception applies to the delivery of foals. The foal is not delivered to the buyer before the age of 5 months. The buyer is timely informed of this date. All risks and liabilities regarding the auctioned foals transfer immediately upon delivery of the foal to the buyer.
Liability:
• Any liability of Pony Auction in connection with and arising from the auction and these auction terms is excluded.
• The legal relationship is always directly between buyer and seller, meaning that the seller, and not the auction organization, is liable for any deficiencies that the pony or foal may have after the auction.
Privacy:
• Pony Auction uses personal data solely for the intended purpose of the auction. The privacy statement of the auction organization can be consulted via this link: https://ponyauction.com/privacy-policy.
• Pony Auction takes reasonable measures to secure its systems against data loss and/or any form of unlawful use, taking appropriate technical and organizational measures.
Dispute Resolution:
• In case of a dispute between seller and buyer related to the auction, the auction committee will endeavor to resolve this dispute through mediation. If either party believes that no resolution has been achieved, the court of Tongeren has exclusive jurisdiction. Belgian law applies to the relationship between seller and buyer. Any dispute arising from this auction and its consequences is exclusively governed by Belgian law, excluding the provisions of the Vienna Convention on the International Sale of Goods. The commercial court of Antwerp, division Tongeren, and the court of first instance of Limburg, division Tongeren, have exclusive jurisdiction to hear any disputes.
Language:
• In case of a dispute, only the Dutch text is binding. The translation of these auction terms into a language other than Dutch is purely informative. Any provision of the auction terms that is invalid, null, or unenforceable due to conflict with any mandatory legal provision or public order will nonetheless have its maximum effect and does not impede the application of the remaining part of the auction terms.
BUY NOW!
This online auction also offers the option of a direct purchase.
The process is as follows:
You can place a bid for a direct purchase by sending an email to info@ponyauction.com with the bid you wish to make up to 48 hours before the end of the auction.
This bid is binding and is valid for 24 hours.
The sales manager, the interested party, and the seller will negotiate whether the parties can agree on a purchase at the offered price.
If a sales agreement is reached, the relevant pony will be marked as sold and blocked from further auction.
Algemene voorwaarden
BUY NOW!
Deze online veiling biedt ook de optie van een directe aankoop.
Het proces verloopt als volgt:
U kan tot 48u voor afloop van de veiling een bod uit brengen door een e-mail te sturen naar info@ponyauction.com met het bod dat u wenst uit te brengen voor een directe koop. Dit bod is bindend en is 24u geldig.
De verkoopmanager, de geïnteresseerde partij en de verkoper onderhandelen of de betrokkenen het eens kunnen worden over een aankoop met de aangeboden prijs.
Indien er een verkoopovereenkomst wordt gesloten, wordt de desbetreffende pony gemarkeerd als verkocht en geblokkeerd voor verdere veiling.
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