Terms and Conditions paarden-veiling.nl
Article 1: Definitions
- In deze algemene voorwaarden wordt met de woorden met hoofdletter bedoeld:
- Terms and Conditions: These terms and conditions, which apply to all auctions organised by paarden-veiling.nl and all legal relationships between Seller, Buyer and paarden-veiling.nl;
Article 2: Scope for application
- These Terms and Conditions apply to the legal relationships between paarden-veiling.nl and Participant. Participant is deemed to have accepted the applicability of these Terms and Conditions. Without the explicit written consent of paarden-veiling.nl, the applicability of other terms and conditions is completely excluded.
- (Legal) persons who work for, for and/or on behalf of paarden-veiling.nl can make direct use of these Terms and Conditions.
Article 3: Legal relationships and costs
- Paarden-veiling.nl organizes and facilitates the Auction of the Horse offered by Seller on its website on behalf of Seller, without at any time becoming a party or becoming a party to any purchase agreements.
- Paarden-veiling.nl does not charge commissions or other hidden fees. The only fees paarden-veiling.nl are the one-time insertion fee for seller’s auction ad, and the cost of additional services if Seller wishes to use them. The insertion fee includes a Model Purchase Agreement.
- Buyer and Seller must resolve mutual disputes themselves; see also Article 11 of these Terms and Conditions.
- The legal relationship between paarden-veiling.nl and Seller is an agreement of contract. A Purchase Agreement is established between Buyer and Seller as a result of the Allotment. Paarden-veiling.nl is not a party to this Purchase Agreement and does not act as agent, mediator or agent. Paarden-veiling.nl, the Model Purchase Agreement only provides as part of the package purchased by Seller, which Seller and Buyer may or may not use (in modified form).
Article 4: Registration
- Before a Participant can participate in an Auction, the Participant must register in the manner prescribed by paarden-veiling.nl. Participant agrees to the conditions and procedures used by paarden-veiling.nl as defined in these Terms and Conditions. If the Participant is incapable of performing legal acts (for himself or on behalf of the company that does not represent the Participant), or if the Participant is incapable of action, the Participant is prohibited from participating in the Auction.
- By registering a Horse with paarden-veiling.nl Seller will owe the amount listed in the package chosen by seller on the Auction Website, as well as the costs for any additional services that the Seller wishes to take away.
- Paarden-veiling.nl reserves the right to refuse and/or unilaterally terminate registration/order for an Auction and (further) participation of a Participant in an Auction for her moving reasons at any time.
- By participating in an Auction, the Entrant unconditionally agrees to the conditions and procedures that apply or are explained by paarden-veiling.nl to the Auction.
- The Participant is required to follow instructions and instructions given by or on behalf of paarden-veiling.nl.
- Bidding or typos or other errors related to registration or Auction are at bidder’s expense. If Bidder is unable to make an offer in time due to circumstances (such as technical deficiencies), this will be for his/her own account and risk.
Article 5: Operation of the Auction
- Paarden-veiling.nl determines the date and time the Auction takes place. Paarden-veiling.nl aims to offer the Horse to be sold at the next online auction after the verification of the documents provided has been completed.
- An Online Auction closes on the pre-specified date and time. If a bid is placed within five minutes of the auction closing time, the closing time is extended by five minutes. This process is repeated until no more bids are made in the last five minutes; five minutes after the last bid, the auction will be closed permanently.
- Paarden-veiling.nl bepaalt het verloop van de Veiling. Paarden-veiling.nl reserves the right to exclude (potential) Participants without giving reasons for participating in and/or Registering for the Auction and/or to set further conditions here.
- The Auction takes place at auction. The Auction starts with a minimum opening bid. During the Auction, horses-veiling.nl may change the operation of the Auction at any time. By ordering an Auction, there is always only an invitation from the Seller to make an offer. Horses auction.nlis entitled not to recognize a bid.
- A Bidder bid is considered as an offer to the Seller as in Article 6:217 Civil Code. Any Bidder who makes an offer is deemed to bid for himself and is personally bound to the Seller for the obligations arising from his/her bid against the Seller.
- By Allocation of the Horse to Buyer a Purchase Agreement is established between Buyer and Seller. Horses-veiling.nlsely a Model-Purchase Agreement as part of the package purchased by Seller. Seller and Buyer may decide whether or not to use (an amended version of) this Model Purchase Agreement to further fill out the purchase agreement between them. Paarden-veiling.nl is not a party to this Purchase Agreement and does not act as agent, mediator or agent.
- In the event that the highest bid is declared invalid or is not held, the Bidder with the second highest bid is required to hold his/her bid for 14 calendar days after the closing of the Auction.
Article 6: State of the Horse
- The Horse shall be auctioned and sold without action or refaction, in the state in which it is located at Allotment, without liability of paarden-veiling.nl concerning the value, the state or the status of the horse auctioned.
- Paarden-veiling.nl is not liable for the content and/or any inaccuracy of the documents and/or videos provided by the Seller, even if the video was recorded by paarden-veiling.nl.
Article 7: Payment and delivery
- Buyer and Seller arrange the payment and delivery of the Horse entirely himself and among themselves. Buyer and Seller are free to use the Model Purchase Agreement.
- After winning the Auction, buyer must purchase the horse from Seller within 14 calendar days of the first contact with the Seller. If Buyer refuses, does not comply or is otherwise negligent, Buyer is in default of seller. In that case, the buyer must reimburse the damages attributable to the Buyer from the Seller. This includes all associated additional costs, including the horse’s storage costs. Until all costs are paid, seller may keep the Horse under him.
- Until the moment of actual delivery, Seller remains responsible for the good care of the Horse.
- Upon delivery of the Horse, Seller will provide buyer with all relevant documents, including the passport and registration paper of the surrogate mare.
- The costs of transporting the Horse are in principle borne by Buyer, unless buyer and seller make other arrangements in this regard. Regardless of whether the purchase price has already been paid, seller remains the owner of the Horse until the moment of actual delivery.
- The Buyer must exercise caution in the delivery of the purchased Horse and follow instructions given unconditionally and in full by or on behalf of the Seller. Koper is aansprakelijk voor bij of in het kader van de afname/levering van het gekochte Paard of pony veroorzaakte schade en zal paarden-veiling.nl en Verkoper vrijwaren voor aanspraken van derden terzake.
- The additional conditions of the relevant Auction indicate when risk transfer of the Horse or pony takes place.
- Seller and Buyer are kept within 7 calendar days after the Horse or pony has been taken/delivered, paarden-veiling.nl to make a written announcement by submitting a Delivery Contract.
Article 8: Transfer of ownership
- The ownership of the purchased Horse or pony (if all the conditions for a legally valid transfer are met) will be transferred to the Buyer at the time of delivery/purchase. The Buyer and Seller are free to use (an amended version of) the Model Purchase Agreement provided by paarden-veiling.nl when concluding the purchase agreement.
Article 9: Right of withdrawal
- If buyer is a Consumer, the Buyer may terminate a Purchase Agreement relating to the purchase of a Horse for a period of up to 14 calendar days after Allotment without specifying reasons based on the right of law of revocation of Article 6:230o et al.
- If the Buyer uses the right of revocation, the Buyer will notify the Seller in an unambiguous written manner within the time frame of reflection and send a copy of this notice to email@example.com. As soon as possible, but within 14 calendar days from the day following the notification referred to in this article, the Buyer will hand over the Horse to Seller. This is not necessary if the Seller has offered to pick up the Horse or pony himself. In any case, the Buyer has complied with the return period if he returns the Horse or pony before the cooling-off period has expired.
3. A consumer purchase is made if three requirements are met.
- There must be a purchase agreement relating to a movable business. A moveable business is a non-immovable matter.
- Secondly, the buyer must be a natural person who does not act in the pursuit of a profession or business.
- The seller must, however, act in the pursuit of a profession or business.
Only if all three requirements are met will there be a consumer purchase and the consumer will be given additional protection on the basis of consumer law. Like the two-week right of revocation.
Article 10: Documents
- Paarden-veiling.nl verify that the documents and/or videos provided by Seller can be considered reasonably reliable. however, Paarden-veiling.nl does not exercise completeness and does not cover any (factual) inaccuracies, deception, omissions, forgery or fraud. The documents and/or videos provided by paarden-veiling.nl or Seller cannot be derived from paarden-veiling.nl.
Article 11: Exclusion and limitation of liability paarden-veiling.nl
- Paarden-veiling.nl is not liable for damage caused by the provision of incorrect and/or incomplete information, regardless of the nature and extent of that damage and of that information and of that information and regardless of the origin of that information. If the incorrect and/or incomplete information comes from seller, Seller paarden-veiling.nl must be exempt from all claims of (one) third party(s) in this respect.
- Paarden-veiling.nl is not liable for damages caused prior to, during and/or after the Auction caused by or to persons and/or to or to business and/or by or to horses or ponies.
- Paarden-veiling.nl is not liable for damages, directly or indirectly and regardless of nature and extent, as a result of a failure to comply with an undertaking by a third party(s), including, but not limited to, failure to comply with the correct commitments of Buyer and/or Seller and/or as a result of any action and/or omission of Participant.
- Participant is liable for any damage caused by himself and paarden-veiling.nl against any claim of (a) third party, including, but not limited to, other Participants, in the matter of such damage, regardless of nature and extent.
- A free and untreasized transition of a auctioned horse is not guaranteed by paarden-veiling.nl. Paarden-veiling.nl is not liable for any damage resulting from or related to an unsuccessful, invalid or non-compliant transfer of ownership.
- Exclusions from liability of paarden-veiling.nl do not apply in the case of intent or gross negligence attributable to paarden-veiling.nl or gross negligence of paarden-veiling.nl.
- The liability of paarden-veiling.nl in relation to a Horse is at all times limited to a maximum amount of € 5,000,–. Claims for damages expire one year after the day on which Participant or a third party became aware of the damage and liability of paarden-veiling.nl for it.
- Paarden-veiling.nl does not take out insurance on behalf of the Seller and/or Buyer of the horse in question. Since Buyer and Seller participate in the Auction entirely at their own expense and risk, paarden-veiling.nl advises them to take out an appropriate insurance themselves.
Article 12: Privacy statement
- Paarden-veiling.nl will use the Personal Data in accordance with the provisions of the Privacy Statement on its Auction Website. Participant agrees that his Personal Data may be listed at the Auction or provided to other Participants upon registration or notification, if necessary. Participant paarden-veiling.nl provides unconditional permission to use this Personal Data for the purposes of the Auction.
Article 13: Disputes and applicable law
- The legal relationship between paarden-veiling.nl and Participant as well as the legal relationship between Seller and Buyer are governed solely by Dutch law, with the complete exclusion of the Vienna Convention on Purchase (CISG).
- If a dispute arises during the Auction about the course of events during the Auction, paarden-veiling.nl has the power to make a binding judgment on this matter and to have the power to continue the Auction. If paarden-veiling.nl asks a notary to make a judgment on the course of events during the Auction, the notary will decide bindingly and irrevocably for all parties.
- Disputes, other than those subject to the judgment of paarden-veiling.nl or notary, will be settled by the competent court of the Central Netherlands Court. Dutch law applies to all disputes.
Article 14: Validity and scope of application
- Paarden-veiling.nl reserves the right to unilaterally amend these Terms and Conditions as of the next Auction.
- If a clause in these Terms and Conditions is not legally valid, it shall not be without prejudice to the validity of the other provisions. In that case, the clause will be replaced by a new clause, taking into account as far as possible the meaning of the vige/destroyed clause.