small ( =/< 162 cm) - medium (163 - 167 cm) - large ( >/= 168 cm)

1. The company incorporated under Belgian law Future Equestrian Sales BV with registered office at 2990 Wuustwezel (Belgium) at the Slijkstraat 94, registered in the KBO-register under the no. BE1009.802.761, acting under the trade name F.E.S. and hereafter called FES, organizes during its event FUTURE EQUESTRIAN SALES (FES) a live and online thus "hybrid" auction of 27 lots of equidae to be held in Wuustwezel (Belgium) on 06.07.2024. FES is selling both its own horses and horses from third parties. As far as equidae of third parties are concerned, FES acts as auction house or intermediary between buyer and seller. Accordingly, FES does not become a party in the purchase/sale relationship between buyer and seller.
2. Participation in this auction implies, for each bidder, buyer and seller, the express and unreserved perusal and acceptance of these auction terms and conditions.
3. 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.
4. Each participant in the auction 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 to participate in the auction as a prospective buyer. FES does not have and does not assume any responsibility for the organization and conduct of the auction through 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). FES makes every effort to maximally secure its systems against loss of data and/or against any form of unlawful use and takes appropriate technical and organizational measures for this purpose. In his dealings with FES, the prospective 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 be spread via the Internet. 
5. The private buyer/consumer purchasing online has, in application of Book VI of the Code of Economic Law, a right of withdrawal of 14 days.
6. The 27 lots of equines will be sold in the condition they are in at the time of the auction. Each prospective buyer has had the opportunity, prior to making a bid, to subject the lots to any test and/or inspection on which he/she would like the purchase decision to depend.
7. Bids are made by bidding (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)
8. The sale comes about according to Belgian law by auction and allotment to the highest bidder after payment of the settlement amount whether or not to be increased with VAT (if the seller is subject to VAT). The auction is supervised by an auctioneer to be appointed by FES. At the end of the auction a report of allotment will be drawn up by a public official.
9. The provisional allocation is made under the suspensive condition of approval by FES. 
10. The buyer shall pay to FES an auction fee of 10% of the last bid made by the buyer. VAT will be added to this auction fee. 
11. The lots are allocated to the highest bidder at the end of the auction. The settlement is calculated with respect to the buyer as follows: the allotment price + the applicable VAT + auction cost + VAT, is the settlement amount. By submitting a bid, the bidder undertakes to pay the settlement amount after allotment.
12. Payment shall be made in EURO
13. If the buyer withdraws, for any reason, FES is entitled to resell the lot. The initial buyer will be liable to pay FES the costs incurred by this resale, at least the difference in the purchase price that was not realized during the resale.
14. The settlement amount is due immediately upon assignment. The risk passes from the seller to the buyer on assignment.  Ownership of the lot is transferred when FES receives payment from the buyer. 
15. If the buyer cannot be identified, FES is also entitled to resell the lot. 
16. FES will issue to the purchaser a payment form on behalf of the vendor and an invoice on behalf of FES for the auction price, which will be payable in cash and payable to the account of FES prior to the delivery of the lot to the purchaser.
17. If FES has not received payment in full from the purchaser within 5 working days following the auction, the purchaser will be in default by operation of law and will be obliged to pay to FES (a) interest of 1% per month on the total settlement amount due, calculated from the day of the auction until the day of payment in full, and (b) additional compensation of 10% on the settlement amount. 
18. 18. Furthermore, if FES has not received full payment from the buyer within the 5 working days following the auction, FES shall have the right without notice of default to consider the sale as rescinded, with the possibility for FES to charge a flat rate compensation of 20% on the settlement amount. If FES exercises this option, the buyer will be notified in writing.
19. Any liability with regard to the lots will pass to the buyer immediately after allocation. After the auction and payment, the buyer and FES will make arrangements for delivery in mutual consultation. Delivery will be made in Belgium to the address where the auction took place live unless otherwise agreed in writing between the parties. Eventual transport costs shall be borne by the buyer. The seller is allowed, as soon as delivery is possible, to charge the buyer for stable fees and usual costs of maintenance and care as from 30 days after the end of the auction. 
20. 20. Delivery shall be made against signature of a document containing "acceptance by the buyer".
21. FES will settle in the last resort all disputes that may arise during the auction operations.
22. The buyer cannot derive any right from the fact that FES has selected the lots.
23. The information relating to the lots offered for sale is intended only to give an impression of the qualities of the lots, without pretending to be exhaustive and without giving any guarantees. FES is not liable for printing errors and/or material errors that may appear in the catalog or inaccurate entries on its website. 
24. FES is not liable for visible and/or hidden defects. In any event, the liability of FES will be limited to the settlement amount paid by the buyer and to the amounts covered by its insurer. 
25. In case of export, the buyer shall present a valid export document within 3 months after the auction under penalty of still being charged the VAT due by FES and by the seller.
26. FES reserves the right to modify these auction terms and conditions without prior notice. If one or more of the provisions mentioned in the auction terms and conditions should not be or become legally valid, the remaining provisions shall continue to be legally valid. In that case, a new provision shall take the place of the said invalid provision, which shall correspond to the said old invalid provision as far as possible in terms of content, scope and purpose.
27. In the event of a dispute, only the Dutch text shall apply. Any translation of these auction terms and conditions into a language other than Dutch is for information purposes only.
28. FES will endeavor to resolve amicably any disputes that may arise during or about the auction.
29. 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 Contracts for the International Sale of Goods. The Antwerp Commercial Court and the Court of First Instance of Antwerp, Antwerp Division shall have exclusive jurisdiction to hear any disputes if it appears that no amicable solution has been reached.