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Terms and conditions Veiling Dronten 10 May 2022

This document contains the Terms and Conditions that are applicable to the purchase of buying/selling  through Veiling Dronten. By using our platform the buyer/seller confirms to agree with the contents of this document.

Note: the Dutch version of the Terms and Conditions is leading in case of disputes.

Article 1 – General conditions

  1. These conditions of sale apply to all agreements concluded through Veiling Dronten on 10 May 2022 between seller and purchaser regarding horses offered at the Flevo Manege Foundation’s Sporthorse Auction as well as all resulting agreements.
  2. All agreements to which these conditions apply either fully or in part are subject to Dutch law.
  3. The conditions of sale are available to everyone interested in Veiling Dronten before start of the Auction by or on behalf of the Flevo Manege Foundation in Dronten. The conditions of sale will also be included in the auction catalogue. By making a bid at the auction the respective bidder is assumed to have taken notice of and fully accept these terms and conditions.

 

Article 2 – Definitions

In these conditions, the terms below are understood to mean the following:

  1. Purchaser: A natural person or a legal entity that acts as the buyer during the contract of purchase and sale of a horse during Veiling Dronten.

 

  1. Notary: The notary under whose supervision Veiling Dronten is held.
  2. Foundation: The ‘Flevo Manege Dronten’ foundation.
  3. Auction committee: Committee in charge of the organization of Veiling Dronten by the Flevo Manege Dronten foundation.
  4. Seller: A natural person or a legal entity that acts as the vendor during the contract of purchase and sale of a horse during Veiling Dronten.
  5. Horse: A horse that is pointed out by the Foundation.
  6. Veiling Dronten: The annually held Sporthorse Auction organized by the foundation.
  7. Auctioneer: The auctioneer appointed by the foundation.
  8. Final bid: A bid accepted by the organising party.

 

Article 3 – Auction

  1. Veiling Dronten is organized by the foundation Flevomanage.

 

Article 4- Contract of Sale

  1. The contract of sale between the seller and purchaser is immediately effected by a final accepted bid.

 

Article 5- Auction Method

  1. Veiling Dronten takes place online via ClipMyHorse.TV/Auctions.

 

  1. The horses are being sold in condition and shape such as they are during the auction. All horses have passed a veterinary inspection as being competent riding horses, carried out by ‘Dierenkliniek Emmeloord’/Veterinary Clinic Emmeloord, as required by seller at his account and risk. The report of the aforementioned veterinary inspection is for both buyer and seller binding. The veterinary reports are for everyone to see at the auction office and/or on the website of Veiling Dronten [www.veilingdronten.nl].

 

  1. The sequence of the auction is determined by means of drawing lots and will be shared accordingly.

 

  1. Bidding steps are indicated on the online auction platform.

 

  1. Bidders are expected to bid on their own behalf and are bound by their offer until a higher offer is accepted.

 

  1. Following the final accepted bid, the horse in question is at the expense and risk of the buyer, with the exemption of any hidden deficiencies.

 

Article 6 – Exclusion from liability

  1. The Foundation excludes all and any liability with regard to the state of health of the horses participating in the auction.

 

  1. The Foundation cannot be held responsible if a catalogue / website listed horse is ultimately not offered for auction.

 

  1. The Foundation excludes all liability for damage caused by third parties, which incurred during the auction, with the exempt of damage that is the result of intent or deliberate negligence on part of the Foundation, or its representatives.

Article 7 – Payment and Delivery

  1. Following the final accepted bid, the buyer will have to transfer the purchase price as well as the auction fees – 10% of the final accepted bid excluding VAT – to the following account of the Foundation: NL47RABO0348144334, BIC RABONL2U. Payment should be effected on the first working day after the auction either in cash, by a standing order or by transfer of the amount due by phone. The foundation shall transfer the purchase price when received from the Purchaser to the Seller; the amount will be transferred to a bank or giro account appointed by the Seller.

 

  1. The buyer is responsible for organising transport.

 

  1. In the unlikely event that the seller or buyer believes he is in dispute with the other party, or in case the buyer believes that he may require rescission of the contract, he has to inform the Foundation within 14 days after the auction by registered mail. In the absence of the aforementioned notification the Foundation will effect payment to the selling party directly after the said term has expired. In case the Foundation has been informed by registered mail in time, the amount due stays deposited with the Foundation, either until the dispute is settled, or till the contract is dissolved. By mutual agreement the Foundation will deposit the amount concerned with a reliable bank; interest grown will accrue to the party entitled to the purchase price.

 

  1. It is indicated in both the catalogue as well as on the website, if and what value added tax regulation applies to the horses.

Article 8 – Registration Certificate

  1. The by the seller prior submitted horse registration certificate shall remain in the possession of the foundation until both Buyer and Seller have met their financial obligations towards each other, and towards the foundation, as long as the horse has not been actually delivered to Buyer.

Article 9 – Default

  1. In the event of either buyer or seller fail to meet the obligations which are part of the transaction of either purchase or sale – other than as a result of a non-attributable shortcoming (force majeure), the opposing party is entitled to either:
    1. demand fulfilment of the obligations described, or
    2. demand the contract of either purchase or sale to be dissolved.

In both cases the offender is due to pay a fine of EUR 2500,-  to the opposing party. In case the opposing party requires fulfilment of the obligations due, the offender is held to pay the opposing party the amount of EUR 250,- for each day as long as the obligations are not met. The opposing party is entitled to claim damages, such can only be done by writing a registered letter or after serving notice to the debtor. Notice of default must be given with due observance of a period of at least eight (8) days.

 

Article 10 – Disputes

  1. All differences originating from agreements made at Veiling Dronten concerning horses auctioned by the Foundation at Veiling Dronten, as well as any further resulting agreements, will be settled by arbitration (without the possibility of appeal) to be carried out by the Notary of the Notary Office of ‘Van Dijk De Jongh Notarissen and Estate Planners Dronten’, during which the offender can have experts at his bidding. In this article (10) it is a matter of settlement agreement between both parties as it is mentioned in article 7:900 and following according to the Dutch Civil Code, where the decision within this argument will be decided by the Notary. Unless one of the parties chooses to settle this dispute at court and to have a judge rule a verdict in this case. This all has to be decided within a month upon notification of the Notary asking to have this case settled before court or have it decided by the Notary itself.

 

Terms and conditions Veiling Dronten May 2022.

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