1. 365 Auctions is organized by Stoeterij Zangersheide NV, with its registered office at Domain Zangersheide, B‑3620 Lanaken.
2. Participation in this auction implies the express and unconditional acknowledgement and acceptance of these auction terms and conditions.
3. Stoeterij Zangersheide NV sells, via its website, horses / foals / embryos on behalf of and for the account of third parties. Stoeterij Zangersheide NV acts as auction service provider. The auction committee acts as intermediary between seller and buyer. The buyer must register via the website www.365‑auction.com before he or she may participate in the Z Online Auction.
4. A buyer who wishes to bid must register via the website www.365‑auction.com in the prescribed manner on the auction website before participating in the auction. Such registration constitutes unconditional acceptance of the auction terms and conditions. Furthermore, by participating in an auction the buyer declares that he or she is authorised to perform legal acts, and that he or she is authorised to conclude a purchase agreement for the relevant foal. Stoeterij Zangersheide NV reserves the right to refuse registration and participation in an auction at any time or to unilaterally terminate it. Upon first request by Stoeterij Zangersheide NV, the buyer must present a valid identity document, failing which the buyer may not participate in the auction. The buyer is obliged to ensure that all information provided to Stoeterij Zangersheide NV at registration is complete, correct and truthful, and the buyer guarantees the accuracy and completeness of the information he or she provides. If this information changes at any time, the buyer is obliged to immediately notify Stoeterij Zangersheide NV of such change(s). The username and password used by the buyer for an auction are strictly personal and may not be transferred by the buyer to third parties. If the buyer suspects that someone else knows his or her password, the buyer must immediately notify Stoeterij Zangersheide NV. The buyer is liable for and bound by all transactions that occur in an auction arising from the use of his/her password and/or username, even in case of misuse if the buyer has acted negligently regarding his/her username and password.
5. The buyer is aware of and expressly agrees that the services available via the website are limited to technically enabling following the auction online and participating as a bidder in the auction. Stoeterij Zangersheide NV has and assumes no responsibility for the organisation and conduct of the auction via its website (for example, without limitation: the failure of the website during the auction or delay in its operation during the auction). Stoeterij Zangersheide NV makes every effort to secure its systems against data loss and/or against any form of unlawful use and implements appropriate technical and organisational measures. In dealings with Stoeterij Zangersheide NV, the buyer is obliged to adequately protect the computer and/or any other device used to access the auction website, and to protect it as usual against viruses or other unlawful programs or files that may be distributed via the internet.
6. The horses are auctioned in the state in which they are at the time of the auction.
7. The sale is effected under Belgian law by means of an auction and assignment to the highest bidder after payment of the settlement amount, possibly increased by VAT. If the buyer does not make the full payment within 5 working days after being invited to do so by the auction organisation, the seller may, without prior formal notice, consider the purchase legally dissolved with respect to the buyer, with the possibility for the auction organisation to charge a fixed compensation of 20% of the settlement amount to the buyer.
8. Bids and payments are made in EURO. The auction proceeds according to the following bidding steps:
- From 500 to 20,000 euros per €500,-
- From 20,000 to 50,000 euros per €1,000,-
- From 50,000 to 100,000 euros per €2,000,-
- From 100,000 euros per €5,000,-
9. On the website an indicative closing time for each lot is indicated. However, if a bid is placed on a lot in the last 5 minutes before closing, the auction for that lot is automatically extended by 5 minutes. The extended time becomes the new indicative closing time.
10. In addition to the allotment price, the buyer will pay Stoeterij Zangersheide NV a percentage of 10% (excluding VAT) of the allotment price by way of commission and for the mediation in the auction costs. Stoeterij Zangersheide NV will give the buyer an invoice for these services, the amount of which is to be promptly transferred into the account of Stoeterij Zangersheide NV, previous to the delivery of the horse to the buyer.
11. In the auction a horse is allotted to the highest bidder. The settlement of the sales price by buyer is calculated as follows: the allotment price + 10% of such allotment price as buyer’s commission = net price, to be increased with any VAT possibly due, which constitutes the total settlement amount. By making a bid, the bidder undertakes to pay the settlement amount, unless a higher bid is made thereafter. The private buyer/consumer has a right of withdrawal of 14 days. The initial buyer is obliged to pay Stoeterij Zangersheide NV the costs involved in this resale, at least the difference in the purchase price that was not realised during the resale.
12. The settlement amount is immediately due upon allotment.
13. Any liability regarding the auctioned horses is immediately after allotment transferred to the buyer. After auctioning AND payment, buyer and seller will make arrangements for the delivery in mutual consultation. The legal relationship exists directly between buyer and seller, with this understanding that the seller is liable to the buyer, with explicit exclusion of the auction organisation, for any shortcoming a horse may display after the auction.
14. Neither seller or buyer can derive any rights from the fact that the auction organisation selected the horse and, when deemed necessary, subjected the horse to a veterinary examination at its request.
15. The information provided about the horses is exclusively intended to give an impression of the qualities of the horses, without pretending to be complete and without offering any guarantees. For the description of a lot in its catalogue, Stoeterij Zangersheide NV is purely led by the information about that lot provided by the seller or a third party. Stoeterij Zangersheide NV is not liable for any printing mistakes and/or material errors in the auction catalogue or on its website and online catalogue.
16. If not otherwise agreed between the Buyer and the Seller after the Auction and passed on to ZANGERSHEIDE, the horse will be collected from the Seller at the expense of the Buyer. Delivery will only take place after ZANGERSHEIDE has informed the Seller that the settlement amount, as defined in article 11 of these auction conditions, has been deposited into the account number of ZANGERSHEIDE. The seller is allowed to charge stable money for the horse from 30 days after the auction ends.
17. In the case of a surrogate mare in foal, the mare must, at the buyer’s expense, be returned to the seller after weaning. The seller may require from the buyer a guarantee of up to € 3,000 for his (leased) recipient mare. This amount is paid by the buyer to Stoeterij Zangersheide. If the recipient mare is delivered in good condition to the seller, this amount will be refunded to the buyer.
18. In case of export of a horse, the buyer will submit valid transport documents within 3 months after the auction, on forfeiture of a penal sum consisting of the VAT as yet to be charged.
19. In the event of a dispute only the Dutch text will prevail. The translation of these auction conditions into a language other than Dutch is for information purposes only.
20. The auction organisation shall - in the event of a dispute arising between the Seller and the Buyer which relates to the auction - make an effort to settle this dispute by mediation. If any of the parties believes that no solution has been reached, the Court of Tongeren will be exclusively competent. To the relationship between the Seller and the Buyer Belgian law applies.
21. Any dispute arising from this auction and its consequences is governed exclusively by Belgian law, excluding the provisions of the Vienna Sales Convention regarding internationale purchases/sales. The Court of Commerce of Antwerp, Tongeren department, and the Court in First Instance of Limburg, Tongeren department, are exclusively competent to take cognizance of any disputes.