1. FLANDERS FOAL AUCTION BV, hereafter referred to as "FLANDERS FOAL AUCTION", with registered office in Belgium, 3990 Peer, Overes 22, registered in the Crossroads Bank for Enterprises (KBO) under the number 0632.503.544, organises an auction of implanted embryos on 4 December 2021 in Oudsbergen (Sentower park). The auction will be held live and can be followed online with the possibility of participating in the auction online as well.
2. Participation in this auction implies express and unreserved knowledge and acceptance of these auction conditions.
3. This live auction will also be broadcast on the internet via clipmyhorse. The buyer who wishes to bid online must register on the auction website www.flandersfoalauction.be in the manner prescribed by FLANDERS FOAL AUCTION before he/she can participate in the auction. This registration is considered as unconditional acceptance of the auction conditions. Furthermore, by participating in an auction, the buyer declares that he or she is authorised to perform legal acts and enter into a purchase agreement regarding the embryo concerned.
4. The buyer is obliged to ensure that all information to be provided by the bidder to FLANDERS FOAL AUCTION at the time of registration is filled in completely, correctly and truthfully, and the buyer vouches for the correctness and completeness of the information provided by him.
The buyer is aware and expressly agrees that the services available on the website are limited to making it technically possible to follow the auction via the internet and to participate in the auction as a bidder. FLANDERS FOAL AUCTION has no and assumes no responsibility for the organisation and running of the auction via its website (e.g. and without being exhaustive: the breakdown of the website during the auction or any delay in the functioning of the website during the auction).
FLANDERS FOAL AUCTION makes every effort to secure its systems against loss of data and/or any form of unlawful use and takes appropriate technical and organisational measures for this purpose. In his/her dealings with FLANDERS FOAL AUCTION, the buyer is obliged to adequately secure the computer and/or any other device he/she uses to access the auction website, and to protect it as is customary against viruses or other unlawful programs or files that may be spread via the internet.
5. The sale shall be effected under Belgian law by auction through bidding and award to the highest bidder. The allotment price may or may not include VAT. The auction will be supervised by an auctioneer to be appointed by FLANDERS FOAL AUCTION, who will draw up a record of sale.
6. The lots will be allotted to the highest bidder at the end of the auction. The final bill for the buyer is calculated as follows: allotment price + applicable VAT + 10% auction commission calculated on the allotment price + 21% VAT. By submitting a bid, the bidder undertakes to pay the total amount after the allotment.
7. If the buyer withdraws for whatever reason, FLANDERS FOAL AUCTION is entitled to resell the foal on the day of the auction. The private buyer/consumer has a right of withdrawal of 14 days. The initial buyer is obliged to pay FLANDERS FOAL AUCTION the costs associated with this resale, at least the difference in the purchase price which was not realised during the resale. FLANDERS FOAL AUCTION is also entitled to resell the foal if the buyer cannot be identified.
8. The final amount is due immediately upon allotment. FLANDERS FOAL AUCTION will issue an invoice to the buyer which is due upon receipt and must be paid into FLANDERS FOAL AUCTION's account prior to delivery of the foal to the buyer. The ownership of the embryo is transferred at the moment of payment by the buyer to FLANDERS FOAL AUCTION.
9. If FLANDERS FOAL AUCTION has not received full payment from the buyer within 5 working days after the auction, the buyer shall be in default by operation of law and, in addition to the other amounts owed to and for the benefit of FLANDERS FOAL AUCTION, shall be obliged to pay (a) interest at the rate of 1% per month on the total amount owed, to be calculated from the day of the auction until the day of full payment and (b) additional damages amounting to 10% on the invoice amount.
10. Any liability in respect of the auctioned lots shall pass to the buyer immediately after they have been allotted. After the auction and payment, the buyer and FLANDERS FOAL AUCTION will make arrangements for delivery in mutual consultation. Delivery is made in Belgium at the address of the registered office of FLANDERS FOAL AUCTION unless otherwise agreed in writing between the parties. Transport costs shall be borne by the buyer.
11. FLANDERS FOAL AUCTION draws the buyer's attention to the fact that the buyer can take out insurance immediately after purchase with Catherine De Buyl Insurance.
12. The buyer cannot derive any right from the fact that FLANDERS FOAL AUCTION has selected the lots. The information on the lots offered for sale is intended only to give an impression of the qualities of the lots, without claiming to be complete and without giving any guarantees. FLANDERS FOAL AUCTION is not liable for any printing errors and/or material mistakes in the catalogue or incorrect statements on its website.
13. FLANDERS FOAL AUCTION is not liable for visible and/or hidden defects. In any case, FLANDERS FOAL AUCTION's liability shall be limited to a maximum of the commission paid by the buyer and the amounts covered by its insurer.
14. The embryo offered for sale was implanted in a carrier mare and is sold with a guarantee of 42 days' gestation. The carrier mare shall be returned in perfect condition by the buyer to the seller no later than 180 days after the birth of the embryo subject to a penalty of EUR 3,000 + VAT.
15. In case of export, the buyer shall present a valid export document within 3 months after the auction or be liable for VAT.
16. If one or more of the provisions contained in the auction conditions are or become invalid, the remaining provisions shall remain in force. In that case, a new provision shall replace the invalid provision, which shall correspond as closely as possible with the former invalid provision in terms of content, scope and purpose.
17. In the event of a dispute, only the Dutch text shall apply. The translation of these auction conditions into a language other than Dutch is for information purposes only.
18. FLANDERS FOAL AUCTION shall settle all disputes that may arise during the auction operations in the last resort. Any dispute arising from this auction and its consequences shall be exclusively governed by Belgian law, to the exclusion of the provisions of the Vienna Convention on Contracts for the International Sale of Goods. The Commercial Court of Antwerp, Hasselt Division, and the Court of First Instance of Limburg, Hasselt Division, are exclusively competent to hear any disputes that may arise.