JV-HORSES BVBA, a public limited company with its registered office at 20 Noordwateringsweg, 2990 Wuustwezel, Belgium, registered in the Crossroads Bank for Enterprises register under number 0629.760.919, organises during her event FUTURE EQUESTRIAN SALES (FES) an auction with 13 foals and 12 ridden horses to be held on 08.07.2023
Participation in this auction shall imply the explicit taking note and acceptance of these Auction Terms and Conditions without any reservation.
The live auction will be broadcast on the Internet via clipmyhorse. The buyer who wishes to bid online must register via the website www.fes.auction in the manner prescribed by FES on the auction website before he can participate in the online auction. This registration counts as unconditional acceptance of the auction conditions. Furthermore, by participating in an auction, the buyer declares to be authorized to perform legal acts and the buyer declares himself authorized to conclude a purchase agreement with regard to the horse in question. FES reserves the right to refuse or unilaterally terminate registration and participation in an auction at any time. At the first request of FES, the buyer must submit a valid identity document, failing which the buyer may not participate in the auction. The buyer is obliged to ensure that all information to be provided by the bidder to FES is completed completely, correctly and truthfully upon registration and the buyer guarantees the correctness and completeness of the information provided by him. Should this information change at any time, the purchaser is obliged to immediately notify FES of this change (s). The username and password used by the buyer for an auction are strictly personal and may not be transferred by a buyer to third parties. If the buyer suspects that someone else knows his or her password, the bidder must notify FES immediately. The buyer is liable for and bound by all transactions that take place at an auction and that result from the use of his / her password and / or username, also in case of misuse if the buyer has handled his / her username and password with negligence.
The buyer is aware and expressly agrees that the services available through the website are limited to making it technically possible to follow the auction via the internet and participate in the auction as a bidder. FES has and does not take any responsibility for the organization and course of the auction via its website (for example and without intending to be exhaustive: the failure of the website during the auction or the delay in the operation of the website during the auction ). FES makes every effort to protect 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 dealing with FES, the buyer is obliged to adequately secure the computer and / or any other device that he / she uses to access the auction website, and as usual to protect against viruses or other illegal programs or files that may spread over the internet.
The auction lots shall be auctioned in the state they are in at the time of the auction.
The sale shall be made in accordance with the laws of Belgium by means of auctioning and knocking down to the highest bidder after payment of the settlement amount, whether or not to be increased by VAT. The auction shall be supervised by an Auctioneer to be designated by FES, who shall draw up an official report of the knocking down.
Bids will be by auction (per 500.00 EUR to 10,000.00 EUR, per 1,000.00 EUR to 20,000.00 EUR, per 2,000.00 EUR to 50,000.00 EUR, per 5,000.00 EUR to 150,000.00 EUR and per 10,000.00 EUR from 150,000.00 EUR)
The bids and payments shall be made in EUROS.
The buyer owes to FES auction fees which amount to 10% of the last bid made by the buyer. A tax rate of 21% applies to this auction fee.
The auction lots shall be knocked down to the highest bidder at the end of the auction. With regard to the Purchaser, the settlement price shall be calculated as follows: the knocking down price plus any applicable VAT. By making a bid, the bidder undertakes to pay the settlement amount after the knocking down.
If the Buyer withdraws, for whatever reason, FES is entitled to re-auction the auction lot. The private buyer / consumer has a right of withdrawal of 14 days. The initial buyer is obliged to pay FES of the costs associated with this re-auction, at least of the difference in the purchase price that was not realized during the resale.
If the buyer cannot be identified, FES is entitled to resell the auction lot.
The provisional knocking down shall be made under the condition precedent of approval by FES. Immediately after the knocking down of the auction the Auctioneer shall request FES to confirm its eventual approval in order to obtain the final knocking down of the auction lots.
The settlement amount shall be due immediately upon the knocking down. The ownership of the auction lot shall be transferred at the moment of receipt of payment by the Purchaser by FES.
FES shall issue an invoice to the Purchaser, which invoice shall be payable cash and must be settled on the account of FES prior to the delivery.
If FES has not received full payment from the Purchaser within 5 working days from the auction, the Purchaser shall be legally in default and obliged to make, in addition to the other amounts owed to and in favour of FES, (a) an interest payment of 1% per month on the total settlement amount due to be calculated from the day of the auction until the day of full payment and (b) to pay additional damages amounting to 10% of the settlement amount. FES has not received full payment from the Purchaser within 5 working days from the auction, FES shall also be entitled to consider the purchase terminated without notice of default, with the possibility for FES to charge fixed damages of 20% on the settlement amount.
Any liability with regard to the auctioned lots shall pass to the Purchaser immediately after they have been knocked down. After the auction and payment, the Purchaser and FES shall come to an arrangement for the delivery of the lots in mutual consultation. The delivery shall take place in Belgium at the address of the registered office of FES unless agreed otherwise in writing between the parties hereto. Any transport costs shall be borne by the Purchaser.
FES shall ultimately settle any and all such disputes as may arise during the auction transactions with regard to the sale.
The Purchaser cannot derive any right from the fact that FES selected the auction lots.
The information regarding the horses offered for sale is only intended to give an impression of the qualities of the lots, without pretending to be complete and without giving guarantees. FES shall not be liable for any printing errors and/or material errors in the auction catalogue or on its website and in its online catalogue.
FES shall not be liable for any visible and/or hidden defects. In any case, the liability of FES shall be limited to the maximum amount paid by the Purchaser and to the amounts covered by its insurer.
In the event of export, the Purchaser shall submit a valid export document within 3 months from the auction; otherwise the VAT due shall still be charged by FES to the Purchaser
FES reserves the right to modify these Auction Terms and Conditions without prior notice. Should one or more of the provisions stated in the Auction Terms and Conditions not be legally valid or become legally invalid, the remaining provisions shall continue to be legally valid. In that case, a new provision shall replace the aforementioned provision that is not legally valid, which will correspond as much as possible to the old provision that is not legally valid with regard to content, scope and purpose.
In the event of a dispute, only the Dutch text shall apply. The translation of these Auction Terms and Conditions into a language other than Dutch shall be merely for information purposes.
FES shall ultimately settle all such disputes as may arise during the auction transactions with regard to the sale.
Any dispute arising from this auction and its consequences shall be governed exclusively by the laws of Belgium to the exclusion of the provisions of the Vienna Convention on Contracts for the International Sale of Goods. The Brussels Dutch-speaking Enterprise Court and the Brussels Dutch-speaking Court of First Instance shall have exclusive jurisdiction in any disputes.
JV-HORSES BVBA, a public limited company with its registered office at 20 Noordwateringsweg, 2990 Wuustwezel, Belgium, registered in the Crossroads Bank for Enterprises register under number 0629.760.919, organises during her event FUTURE EQUESTRIAN SALES (FES) an auction with 13 foals and 12 ridden horses to be held on 08.07.2023
Participation in this auction shall imply the explicit taking note and acceptance of these Auction Terms and Conditions without any reservation.
The live auction will be broadcast on the Internet via clipmyhorse. The buyer who wishes to bid online must register via the website www.fes.auction in the manner prescribed by FES on the auction website before he can participate in the online auction. This registration counts as unconditional acceptance of the auction conditions. Furthermore, by participating in an auction, the buyer declares to be authorized to perform legal acts and the buyer declares himself authorized to conclude a purchase agreement with regard to the horse in question. FES reserves the right to refuse or unilaterally terminate registration and participation in an auction at any time. At the first request of FES, the buyer must submit a valid identity document, failing which the buyer may not participate in the auction. The buyer is obliged to ensure that all information to be provided by the bidder to FES is completed completely, correctly and truthfully upon registration and the buyer guarantees the correctness and completeness of the information provided by him. Should this information change at any time, the purchaser is obliged to immediately notify FES of this change (s). The username and password used by the buyer for an auction are strictly personal and may not be transferred by a buyer to third parties. If the buyer suspects that someone else knows his or her password, the bidder must notify FES immediately. The buyer is liable for and bound by all transactions that take place at an auction and that result from the use of his / her password and / or username, also in case of misuse if the buyer has handled his / her username and password with negligence.
The buyer is aware and expressly agrees that the services available through the website are limited to making it technically possible to follow the auction via the internet and participate in the auction as a bidder. FES has and does not take any responsibility for the organization and course of the auction via its website (for example and without intending to be exhaustive: the failure of the website during the auction or the delay in the operation of the website during the auction ). FES makes every effort to protect 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 dealing with FES, the buyer is obliged to adequately secure the computer and / or any other device that he / she uses to access the auction website, and as usual to protect against viruses or other illegal programs or files that may spread over the internet.
The auction lots shall be auctioned in the state they are in at the time of the auction.
The sale shall be made in accordance with the laws of Belgium by means of auctioning and knocking down to the highest bidder after payment of the settlement amount, whether or not to be increased by VAT. The auction shall be supervised by an Auctioneer to be designated by FES, who shall draw up an official report of the knocking down.
Bids will be by auction (per 500.00 EUR to 10,000.00 EUR, per 1,000.00 EUR to 20,000.00 EUR, per 2,000.00 EUR to 50,000.00 EUR, per 5,000.00 EUR to 150,000.00 EUR and per 10,000.00 EUR from 150,000.00 EUR)
The bids and payments shall be made in EUROS.
The buyer owes to FES auction fees which amount to 10% of the last bid made by the buyer. A tax rate of 21% applies to this auction fee.
The auction lots shall be knocked down to the highest bidder at the end of the auction. With regard to the Purchaser, the settlement price shall be calculated as follows: the knocking down price plus any applicable VAT. By making a bid, the bidder undertakes to pay the settlement amount after the knocking down.
If the Buyer withdraws, for whatever reason, FES is entitled to re-auction the auction lot. The private buyer / consumer has a right of withdrawal of 14 days. The initial buyer is obliged to pay FES of the costs associated with this re-auction, at least of the difference in the purchase price that was not realized during the resale.
If the buyer cannot be identified, FES is entitled to resell the auction lot.
The provisional knocking down shall be made under the condition precedent of approval by FES. Immediately after the knocking down of the auction the Auctioneer shall request FES to confirm its eventual approval in order to obtain the final knocking down of the auction lots.
The settlement amount shall be due immediately upon the knocking down. The ownership of the auction lot shall be transferred at the moment of receipt of payment by the Purchaser by FES.
FES shall issue an invoice to the Purchaser, which invoice shall be payable cash and must be settled on the account of FES prior to the delivery.
If FES has not received full payment from the Purchaser within 5 working days from the auction, the Purchaser shall be legally in default and obliged to make, in addition to the other amounts owed to and in favour of FES, (a) an interest payment of 1% per month on the total settlement amount due to be calculated from the day of the auction until the day of full payment and (b) to pay additional damages amounting to 10% of the settlement amount. FES has not received full payment from the Purchaser within 5 working days from the auction, FES shall also be entitled to consider the purchase terminated without notice of default, with the possibility for FES to charge fixed damages of 20% on the settlement amount.
Any liability with regard to the auctioned lots shall pass to the Purchaser immediately after they have been knocked down. After the auction and payment, the Purchaser and FES shall come to an arrangement for the delivery of the lots in mutual consultation. The delivery shall take place in Belgium at the address of the registered office of FES unless agreed otherwise in writing between the parties hereto. Any transport costs shall be borne by the Purchaser.
FES shall ultimately settle any and all such disputes as may arise during the auction transactions with regard to the sale.
The Purchaser cannot derive any right from the fact that FES selected the auction lots.
The information regarding the horses offered for sale is only intended to give an impression of the qualities of the lots, without pretending to be complete and without giving guarantees. FES shall not be liable for any printing errors and/or material errors in the auction catalogue or on its website and in its online catalogue.
FES shall not be liable for any visible and/or hidden defects. In any case, the liability of FES shall be limited to the maximum amount paid by the Purchaser and to the amounts covered by its insurer.
In the event of export, the Purchaser shall submit a valid export document within 3 months from the auction; otherwise the VAT due shall still be charged by FES to the Purchaser
FES reserves the right to modify these Auction Terms and Conditions without prior notice. Should one or more of the provisions stated in the Auction Terms and Conditions not be legally valid or become legally invalid, the remaining provisions shall continue to be legally valid. In that case, a new provision shall replace the aforementioned provision that is not legally valid, which will correspond as much as possible to the old provision that is not legally valid with regard to content, scope and purpose.
In the event of a dispute, only the Dutch text shall apply. The translation of these Auction Terms and Conditions into a language other than Dutch shall be merely for information purposes.
FES shall ultimately settle all such disputes as may arise during the auction transactions with regard to the sale.
Any dispute arising from this auction and its consequences shall be governed exclusively by the laws of Belgium to the exclusion of the provisions of the Vienna Convention on Contracts for the International Sale of Goods. The Brussels Dutch-speaking Enterprise Court and the Brussels Dutch-speaking Court of First Instance shall have exclusive jurisdiction in any disputes.