HIPPOCHAMP AUCTION CONDITIONS 2018
1. Participating in this online live auction shall imply the explicit and unconditional examination and acceptance of these Auction Conditions.
2. This Auction is organized by BVBA EQUINIA.COM, a private limited liability company duly organized and existing under the laws of Belgium, with its registered office at 124 Koewacht, 9190 Stekene, Belgium, entered in the Register of the Crossroads Bank for Enterprises under number 0675.438.318, inter alia doing business under its business name HIPPOCHAMP.
3. HIPPOCHAMP shall act as an auction service. The auction service shall act as an intermediary between the Seller and Buyer. The organization, preparation and execution of the auction shall be determined by HIPPOCHAMP only. This means, inter alia, that HIPPOCHAMP shall determine the course of action before and during the Auction and shall have the power to refuse to auction one or more lots, or to refuse and declare a bid invalid, and to suspend, resume, extend or cancel the Auction and/ or to take any other measures deemed to be necessary by HIPPOCHAMP.
4. The sale of embryon/foals/horses occurs by auction to the highest bidder by payment of the purchase price and expenses. For a foal, horse or embryon the buyer is responsible from the official allocation on (falling of hammer). In case of purchase of an embryon the seller is responsible for the mare and embryon until the recipion mare is in foal for 60 days. After 60 days the seller is no longer responsible; for this the seller ask his veterinary to write an official letter with term of pregnancy of recipion mare. The recipion mare stays property of the seller, and must be returned maximum 6 months after giving birth to her foal. She must be returned in perfect condition (vaccination up to date, worm-free). The buyer pays a caution of 1500 euro (Exl VAT) to the seller, and will be refunded when he returns the recipion mare in good health to the seller. After purchase the buyer has the possibility to insure his Embryon/Foal/Horse (Information about this can be found on this website).
5. Every horse has been checked by animal clinic "De Bosdreef" (https://www.bosdreef.be/). The report of this examination is available on the page of the horse which is shown on the website. HIPPOCHAMP cannot be held liable for any defects, whether hidden or not, shown by the horse.
6. The sale shall be concluded in accordance with Belgian law by auction and knocking down to the highest bidder after payment of the purchase price whether or not to be increased by VAT and auction charges (5%). Participation by a bidder in an online live auction shall not mean that a lot is automatically sold to the bidder.
7. Bids and payments shall be made in EUROS.
8. On top of the knocking down price, the Buyer shall pay a percentage of 5% (excluding VAT) on the knocking down price to HIPPOCHAMP as a commission fee and for its intervention in the auction charges. HIPPOCHAMP shall issue an invoice for these services to the Buyer, which shall be payable cash and must be paid into the account of HIPPOCHAMP prior to the delivery of the Horse to the Buyer.
9. Buyer and seller are brought into contact with each other after both parties have fulfilled their obligations to HIPPOCHAMP. The seller gives the buyer an invoice / debit note with or without VAT and this must be paid by the buyer within 10 days after receipt. If auction costs relating to the sale of sales have not been paid after five days, HIPPOCHAMP can declare the sale dissolved by operation of law and without prior notice and the horse will remain the property of the original seller.
10. Delivery shall be made after payment in Belgium, unless otherwise agreed between the Buyer and Seller.
11. As regards the description of a lot in its catalogue, HIPPOCHAMP depends on the information on such lot provided by a seller or third parties. HIPPOCHAMP shall not be liable for any printing errors and/or material errors on the website.
12. HIPPOCHAMP is not a party within the sale/buy relationship of the offered lot that is for sale. HIPPOCHAMP acts as an auction service and cannot be held liable in any way.
13. HIPPOCHAMP's liability shall in any case be limited to the amounts covered by its insurer.
14. The knocking down shall take place made under the condition precedent of the Seller's consent.
15. Any dispute shall be settled by the East Flanders Court of First Instance, Dendermonde Division.