Auction Conditions

The auction is organized by Jumping Mechelen Vzw., with registered office at 2850 Peulis, Teintstraat 33a, with company number BE 0445 643 536.

The auction proceeds in accordance with the terms and conditions stipulated in the present auction conditions.

These conditions are published in the catalog, and can also be consulted on the website of Auction Mechelen (www.auction-mechelen.com).

All participants are considered to have acknowledged and accepted these auction conditions. Participation in the auction as a buyer or seller implies that the auction conditions have been accepted without reservation.

For the purposes of current conditions, the term "horse" should be understood to mean: any adult horse, foal or embryo.

The auction takes place under the control of a bailiff assisted by an auctioneer.

The sale occurs by auction and assignment to the highest bidder. The auctioneer determines with which tranches the bids must be increased. Every horse presented at the auction will be assigned to the last and highest bidder, unless it is withdrawn by the seller.

Bids and payments are made in euros.

The price to which a horse is assigned is increased by a buyer’s premium of 10% to cover the costs of the auction. The buyer must always pay VAT on these auction costs (21%)

If the seller of the horse is subject to VAT, the hammer price will be increased by 21% VAT, regardless of whether the buyer is subject to VAT or not.

The catalog states whether or not the seller of the horse is subject to VAT.

If the seller of the horse is not subject to VAT, the buyer will owe registration taxes to the selling price at the legal rate applicable at the time of the auction.

EU buyers who have a valid and verifiable VAT number in their country of origin within the EU, do not have to pay VAT on the sale price of the horse if they submit a written statement to the Auction Organization in which the transfer of the horse outside Belgium and within the EU is confirmed, and is also confirmed that the buyer in his Member State will subject his intra-Community acquisition of goods to the VAT of his Member State.

EU buyers and buyers from outside the EU (international trade) who are not subject to VAT must always pay the VAT to the Auction Organization if the seller is subject to VAT.T.

In the event of export (outside the EU), the buyer and seller are under the obligation to provide the necessary documents within the periods stipulated by law. Seller and buyer must arrange this mutually, without the intervention of the Auction Committee.

The buyer who thinks he can claim exemption from VAT for sale to a buyer not established in Belgium with transport of the sold horse to a place outside the EU, must in due time complete the necessary formalities for this. VAT will only be reimbursed after presentation of a set of corresponding documents proving the authenticity of the export in accordance to the conditions stated by the law.

Bids are unconditional and non-revocable. A bid accepted by the seller creates a binding agreement and entails an obligation for the buyer to immediately pay the settlement amount (price + costs + VAT / registration fee) to the indicated account of the Jumping Mechelen vzw.

The payment is made by bank transfer. Checks are not accepted.

Every bidder is expected to buy for himself and is liable for his bid.

If the highest bidder cannot be identified or refuses to fulfill his obligations, the auctioneer can, in consultation with the bailiff, either return the horse to the auction or assign it to the second highest bidder. The fictional buyer will be liable for all damage caused by his conduct.

All allocated lots are mentioned in the official report of the auction drawn up by the bailiff, with indication of the allocation price. This official report will be presented by the bailiff within the legal term to the authorized recipient of Registration Rights.

For one day before the date of the auction, prospective buyers have the opportunity to view the horses (except embryos), always after prior consultation with the organizers.

Prospective buyers can consult the available veterinary reports and / or X-rays at the Auction Organization before the auction.

The prospective buyers are considered to have a perfect knowledge of the physical condition of the horse on the day of the sale. The horses are sold in the condition they are in, known by the buyer.

Given their nature, neither the foals (under the age of 18 months) nor the embryos can be the subject of a usable standard veterinary examination. Their sale therefore takes place at the risk of the buyer and in the state in which they are.

The description of the horses is given in the catalog by way of indicative title and in good faith, based on the information provided by the seller.

The prior veterinary examination does not in any way allow the buyer or seller to invoke the responsibility of the organizers of the auction. The organizers of the auction provide no guarantee whatsoever regarding the health status or pedigree data of the auctioned horses and reject any responsibility in this regard.

The organization reserves the right not to present a horse on the auction if, on the day of the auction, the horse is not in good health, condition or presentation.

10.

The organizers assume no responsibility whatsoever for any damage of whatever nature caused to the horses, or for the damage caused by these to third parties during the course of the auction. During their stay in the premises where the event takes place, and their annexes, the horses remain under the guidance, supervision and responsibility of their owner. Any claim by the sellers or buyers against the organization for damage to or caused by the auctioned horses will be inadmissible.

The sellers remain personally liable for their horse and will therefore have to cover this liability with adequate insurance.

11.

From the moment of allocation, the horses sold are under the responsibility of the buyer. The transfer of ownership, however, only takes place after full payment of the purchase price, costs and applicable taxes.

12.

The sold or unsold horses will have to leave the places made available by the auction at the latest at 11 a.m. on the second day after the auction. If this is not the case, the horses will be placed at the risk and for the account of the buyer or seller in a stable of the choice of the organization. All costs are immediately recoverable on simple presentation of invoices or cost statements.

13.

The organizers of the auction are not parties to the sales agreements that are concluded between the seller and buyer after acceptance of the highest bid. The task of the organizer is limited to organizing a meeting between sellers and prospective buyers.

Any complaint regarding possible redhibitory defects, non-conformity or other defects that the buyer would submit to the organizers of the auction will be considered inadmissible.

14.

The formalities for transport, insurance and customs documents must be arranged by the buyer.

15.

The bailiff, auctioneer and the organizers of the auction do not accept any responsibility regarding the payments.

16.

The objections formulated before or during the auction regarding the organization and the course of the auction will be sovereignly and definitively settled by the bailiff.

17.

The personal data collected by the Auction Committee in the context of the performance of the services are registered and processed by Jumping Mechelen Vzw. in accordance with its privacy policy stated on the website, and with respect for the applicable laws and decisions.

The requested information is necessary to guarantee the smooth proceeding running of the auction and the provision of the related services.

18.

The auction is governed by Belgian law with exclusion of the Vienna Sales Convention on international sales.

All possible disputes regarding the validity, interpretation and implementation of the auction conditions fall under the exclusive jurisdiction of the courts in Antwerp, division Mechelen.

The assessment is exclusively based on the Dutch text of the present conditions. Any publications in other languages are purely informative and have no legal force.