General terms and conditions (online) auction
- The Zangersheide (online) Auction is organized by Zangersheide with its registered office at Domein Zangersheide, B-3620 Lanaken.
- Participation in this auction implies the express and unreserved perusal and acceptance of these auction terms and conditions.
- Zangersheide sells horses/foals/embryos via its website on behalf of and for the account of third parties. Zangersheide acts as an auction service. The auction committee acts as intermediary between seller and buyer.
- The buyer who wishes to bid must register in the prescribed manner on the auction website www.zangersheide.auction 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 that he is authorized to perform legal acts and declares himself authorized to conclude a purchase agreement with regard to the horse/foal/embryo in question. Zangersheide reserves the right to refuse registration and participation in an auction at any time or to terminate it unilaterally. At the first request of Zangersheide, the buyer must present valid proof of identity, 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 Zangersheide upon registration is complete, correct and truthful and the buyer guarantees the accuracy and completeness of the information provided by him. Should this information change at any time, the buyer is obliged to immediately inform Zangersheide of such change(s). The user name 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 Zangersheide immediately. The buyer is liable for and bound to all transactions taking place at an auction and resulting 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.
- 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. Zangersheide does not have and does not take any responsibility 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). Zangersheide 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 Zangersheide, the buyer is obliged to adequately secure the computer and / or any other device 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.
- The horses/foals/embryos will be auctioned in their condition at the time of the auction.
- The sale will take place in accordance with Belgian law by auction and assignment 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 Zangersheide, who will draw up a report of the allotment.
- Bids and payments will be in EURO. The bidding steps are determined per auction and can be found in the terms and conditions of the auction concerned.
- In the case of an Online Auction, an indicative closing time for the auction is given for each lot. However, if in the last 5 minutes before closing a bid is placed on a lot, the auction on that lot will automatically be extended again to 5 minutes. The extended time will become the new indicative closing time.
- On top of the allotment price the buyer will pay Zangersheide a percentage of 10% (excluding VAT) on the allotment price as commission and for the intervention in the auction costs. Zangersheide will issue an invoice to the buyer for these services, which is payable in cash and must be paid to the account of Zangersheide prior to delivery of the horse to the buyer.
- The horses/foals/embryos will be 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 + 10% on this allotment price as buyer's commission = net price, to be increased with any 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 Zangersheide the costs associated with this resale, at least the difference in the purchase price which was not realized during the resale.
- The settlement amount is due immediately upon allotment.
- Transfer of liability and delivery depend on the auction and are stated in the specific terms and conditions of the relevant auction.
- The legal relationship is directly between buyer and seller, it being understood that with respect to the buyer, the seller and not the auction organization is liable for any shortcoming that the horses may exhibit after the auction.
- Neither the seller nor the buyer can derive any right from the fact that the auction organization selected the horses/foals and, if necessary, subjected them to veterinary examination at its request.
- The information regarding the horses/foals/embryos is only intended to give an impression of the qualities of the horses/foals/embryos, without pretending to be complete and without giving any guarantees. When describing a lot in its catalog, Zangersheide is dependent on the information about the lot provided by a seller or third parties. Zangersheide is not liable for possible printing errors and/or material mistakes in the auction catalog or on its website and online catalog.
- In case of export the buyer will submit a valid export document in good time under penalty of still being charged the VAT due.
- In case of dispute, only the Dutch text shall apply. The translation of these auction terms and conditions into a language other than Dutch is for information purposes only.
- The Auction Committee will - in the event of a dispute between the Seller and the Buyer relating to the Auction - make every effort to resolve 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 is applicable to the relationship between Seller and Buyer.
- 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 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 that may arise.