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General conditions Online Sales platform

  1. The “ Sales Platform”, further referred to as Auction, is organised by Roxama - De Smidt Eva based in Sionsplein 7, 2500 Lier, Belgium.
  2. Participation in this auction is accompanied by the express and unconditional knowledge and acceptance of these auction conditions.
  3. The buyer must register on the website before being able to participate in the Sales Platform.
  4. The horses/foals/embryos will be auctioned in the state in which they are at the time of the auction.
  5. The sale is made in accordance with Belgian law by acceptance of the offer by the seller and after payment of the invoice amount.
  6. Bids and payments are in EURO.
  7. When you submit an offer, you are required to pay the purchase price of the foal in the event that you are the highest bidder and the Seller agrees on your bid. It is not possible to withdraw a bid.
  8. The seller has 48 hours to accept the offer or make a counter offer. After this 48-hour period, the offer expires.
  9. An offer accepted by the seller for a horse/foal/embryo leads to a binding agreement under which the buyer is obliged to actually complete the transaction. By submitting an offer, the bidder agrees to pay the invoice amount. The billing for the buyer is as follows: the selling price plus applicable VAT = net price, is the invoice amount.
  10. The invoice amount is due immediately upon award of the bid. Once the seller has accepted the offer, the buyer will receive an e-mail stating the invoice amount and the contact details of the seller.
  11. Any liability for the auctioned horse shall pass to the buyer 5 days after award of the bid. The legal relationship exists directly between buyer and seller with the proviso that the seller and not the auction organisation is liable to the buyer for any defects that the foals display after the auction.
  12. The horse/foal/embryo as property passes (to the buyer) at the time of payment of the invoice amount by the buyer to the seller.
  13. The transfer takes place only when the entire invoice amount has been transferred to the account of the seller. The transfer takes place in agreement with the seller but in any case after payment of the invoice amount.
  14. Neither the seller nor the buyer can derive a claim from the fact that the auction organisation selected the horses/foals/embryos and that they were examined by a veterinarian on request.
  15. All information about horses is intended only to give an impression of the qualities of the horses/foals/embryos without any claim to completeness and without guarantee. Roxama - De Smidt Eva relies on information provided thereon by the seller or third parties when describing an auction on its website. Roxama - De Smidt Eva accepts no liability for typographical errors and/or material defects in the auction catalogue or on its website and its online catalogue.
  16. If the horse/foal/embryo is exported, the buyer shall submit a valid export document within one year, otherwise the VAT due will be charged.
  17. In disputes between the parties, the Commercial Court of Antwerp, Mechelen District and the Court of First Instance in Antwerpen have exclusive jurisdiction. All disputes arising out of this auction and their consequences are governed exclusively by Belgian law, excluding the provisions of the Vienna Sales Convention on the International Sale of Goods. The Commercial Court of Antwerp, Mechelen District and the Civil Court of Antwerpen, Mechelen District, are solely responsible for resolving any disputes.
  18. In the event of a dispute, only the text written in the Dutch language will apply.