General Terms and Conditions Equest Auction 2023
1.1. The EQUEST AUCTIONS s.r.o., entered in the Register of Companies at the Municipal Court Prague under ID 19570724 (hereinafter only referred to as „Organiser” or „EQUEST AUCTIONS ”), run the auction of horses of sellers on the internet (hereinafter only referred to as „Auction”) in its own name and for the account of a third party. As the Organiser of the purchase agreement with the purchaser (hereinafter only referred to as „Seller”) as well as of the legal relationship with the bidder (hereinafter only referred to as „User” or „Buyer”) and the breeder, we take these online auction conditions (hereinafter only referred to as „General Terms and Conditions”) as a basis.
1.2. The applicability of any general terms and conditions of the Buyer is expressly rejected.
1.3. These General Terms and Conditions shall apply exclusively. EQUEST AUCTIONS do not recognize any conflicting conditions or conditions deviating from the General Terms and Conditions unless EQUEST AUCTIONS has explicitly confirmed their validity in writing.
- The Auction
2.1. The Auction will take place on the website https://bid.equestauction.com/auctions (hereinafter only referred to as „Website”). The dates and the starting and closing time(s) of the Auction will be posted on the Website. The duration of the Auction will also be indicated in advance on the Website. If a bid is made during the last five minutes before the indicated closing time of the Auction, the closing time will (each time) be extended by five minutes. The final closing will then take place five minutes after the last bid.
2.2. EQUEST AUCTIONS is not the owner of the horses and embryos offered for the Auction. EQUEST AUCTIONS acts as an auctioning service and offers a platform on which potential buyers or interested parties are offered the possibility of buying jumping horses and (frozen) embryos from the owner directly. EQUEST AUCTIONS is not a party to the sale and purchase agreement between the Seller and the Buyer.
2.3. EQUEST AUCTIONS reserves ownership and copyrights to any and all images, videos, drawings, descriptions and other documents that have been used by EQUEST AUCTIONS for the Auction. Before revealing them to third parties, the Seller, the Buyer or any other third party needs the express written consent of EQUEST AUCTIONS. The Auction has the option to provide photos and videos from the filming days to its media partners.
2.4. EQUEST AUCTIONS has the authority not to auction one or more horses, not to acknowledge a bid and declare it invalid, to suspend, resume, extend or cancel the Auction or to take other necessary measures, all according to its findings.
3.1. The offered horses that will be auctioned on the Website, will be presented and can be viewed before the start of the Auction on the Website by means of videos and pictures showing the horses. Written information will also be posted on the Website about the most important features of the horses. With regard to the horse’s information about e.g. age, sex, colour, pedigree and the Seller will be provided, with regard to embryos information about e.g. the pedigree and date of origin will be provided.
3.2. The above information is merely a description of the object of the Auction, the Organizer does not assume any guarantee of corresponding appearance and the information is not content of quality agreement in view of the future purchase agreement. The size indications are only approximations. A difference with the actual size is possible.
3.3. The offered horses were examined by a veterinary, both clinically and radiologically. The examination protocols and x-rays are available on the Website and may also be sent directly to the User on email.
3.4. The location of the horse after the end of the Auction is at the Seller. Due to the technical and organisational development of the Auction, a visit to the horse before the payment of the invoice relating to sold horse is only possible after previous arrangement.
3.5. Potential buyers or interested parties are free to inspect and/or try out the horses under saddle (if the age allows that) before the Auction. For this purpose, an appointment must be made in advance by email email@example.com and potential buyer must be registered at the Auction.
4.1. Participation in the Auction for potential buyers is permitted only for natural persons and legal persons who have registered on the Website before the start of the Auction and have truthfully completed the accompanying questionnaire and who therefore have an account.
4.2. At the opening of the registration, all the questions asked by the Organiser in the registration form must be duly and correctly answered and required copies may have to be attached.
4.3. Participation in the Auction implies that the Buyer agrees, expressly and without any reservation, with these General Terms and Conditions and with the chargeability of the Auction costs at a rate of 10 % and 21 % VAT (if applicable) on the knockdown price.
4.4. If the registration is accepted, the User receives a confirmation by e-mail with personalized link. Each User who registers as a bidder and/or Buyer, receives a strict personal username and password which enables an access to the bidding system. The User is responsible for what takes place at the Auction and results from use of their data, username and password.
4.5. Each User can only register once. The registration cannot be transferred.
5.1. To take part in bidding at the Auction, a registration is required.
5.2. EQUEST AUCTIONS is allowed to verify the authenticity of the given contact and billing details, before and during the Auction.
5.3. Bids are place digitally. The bidding steps are indicated per Auction. Every bid made by the User is an irrevocable and unconditional offer to the Seller.
5.4. Horses offered for the sale at the Auction will be sold to the highest bidder, starting with a minimum opening bid announced at the Auction.
5.5. The bidder will be bound to their bid until possible higher bid follows. If no higher bid follows, the horse will be awarded to the bidder by EQUEST AUCTIONS for the amount of this highest bid.
5.6. All bids and payments are made in EURO.
5.6. The minimum acceptable bid is:
– from 5.000 EURO to 15.000 EURO – 500 EURO
– from 15.000 EURO to 30.000 EURO – 1.000 EURO
– over 30.000 EURO – 2.000 EURO
5.7. The bidder who offered the highest bid and won the Auction, will automatically receive a confirmation of purchase by email from EQUEST AUCTIONS, which is a substitute a purchase agreement. EQUEST AUCTIONS will contact the Buyer within two (2) days, and after confirming the billing details, send the Buyer an invoice.
- Price and terms of payment
6.1. With the confirmation of the purchase, the Buyer will receive the invoice indicating the price and the value-added tax.
6.2. All indicated prices and bids are subject to the value-added tax applicable at the time (currently 21 %). These will be separately stated on the invoices. The settlement amount (hereinafter only referred to as „Purchase price”) will be calculated as follows:
If the Seller is VAT registered:
Knockdown price + 21 % VAT
Auction fee + 21 % VAT
If the Seller is not VAT registered:
Knockdown price + 0 VAT
Auction fee + 21 % VAT
6.3. The payment shall be made within seven (7) days of receiving an invoice from EQUEST AUCTIONS by means of a transfer to the bank account number in the name of EQUEST AUCTIONS, without any deduction or offsetting.
6.4. The legal requirements regarding consequences of delayed payment apply. The auctioned horse may only be handed over to the Buyer or the carrier after payment of the Purchase price.
6.5. If the Seller or the Buyer cancels the purchase or affects it in any other way, the Buyer will still owe the auction fee + 21 % VAT to EQUEST AUCTIONS, without prejudice to any other right of EQUEST AUCTIONS in that case. The above does not apply if a Buyer-Consumer exercises their right of withdrawal in respect of an online Auction, as provided for in Article 10.1. of these General Terms and Conditions.
6.6. If the Purchase Price is not paid in time, the Buyer will be in default and EQUEST AUCTIONS will notice this fact the Seller, who will be entitled to withdraw immediately from the purchase. EQUEST AUCTIONS will be entitled to privately sell the horse promptly, in which case the bid of the original Buyer no longer applies. The Buyer will never be entitled to surplus proceeds in the case of a private sale but remains obliged to pay any deficit to EQUEST AUCTIONS (the difference between the knockdown price and the price of the second highest bid). The Buyer will also owe the auction fee + 21 % VAT to EQUEST AUCTIONS, and the Buyer will be due to pay to EQUEST AUCTIONS all legal and other costs involved in the collection of the claim of EQUEST AUCTIONS against the Buyer, with a minimum of 2.000 EUR excluding any VAT due. The Buyer will not be entitled to setoff.
- Transfer of risk
7.1. All the risks of the auctioned horse and (frozen) embryo shall pass to the Buyer immediately after their highest bid has been allocated even if the horse initially remains under the care of the Seller.
8.1. The ownership of the auctioned horses or embryos is only transferred to the Buyer after full payment of the Purchase price. The transfer of title remains reserved until all due claims from the business relationship have been paid.
8.2. Prior to the transfer of title, pledging, transfer by way of security, processing or transformation is not permitted without the written consent of the Organizer or Seller.
9.1. The horse cannot be transferred to the Buyer until the full payment of the Purchase price is credited to the bank account of EQUEST AUCTIONS.
9.2. The auctioned horse must be picked up by the Buyer within a period of seven (7) days after the payment of Purchase price at the location of the horse. From the eight day after payment, the Seller will charge an amount of 20,- EUR plus VAT per calendar day for the keep and livery of the auctioned horse, without prejudice to the further obligation of collection.
9.3. All risks and costs concerning collection, including insurance, of the horse shall be covered by the Buyer.
9.4. The Seller and the Buyer must notify EQUEST AUCTIONS in writing within seven (7) days of the collection/delivery of the horse.
- Right of withdrawal of the Buyer-Consumer
10.1. In the case of a sale between the Seller-Non Consumer and the Buyer-Consumer, the Buyer-Consumer may withdraw from the purchase agreement relating to the purchase of a horse bought in the Auction during a period of a maximum of fourteen (14) calendar days without giving any reasons. (Consumer is a natural person not acting for purposes related to carrying out commercial, business, trade or professional activities). This period commences on the day after the Buyer, or a third party designated by the Buyer in an advance, not being the transport operator, has received the auctioned horse.
10.2. If the Buyer decides to exercise their statutory right of withdrawal, the Buyer is obliged to announce this during a period of fourteen (14) calendar days to the Seller and to EQUEST AUCTIONS in a written form.
10.3. The Buyer is obliged to hand over the horse to the Seller and the Seller must repay the knockdown price to the Buyer within fourteen (14) calendar days following the day when the Buyer reported their withdrawal.
10.4. The Buyer returns the horse back to the Seller with all supplied accessories and in accordance with the reasonable and clear instructions provided by the Seller.
10.5. The risk and burden of proof with respect to exercising the right of withdrawal properly and timely lies with the Buyer.
10.6. The costs involved in the return of the horse, including transport, are payable by the Buyer.
10.7. In the event of withdrawal, the Auction fee remains with EQUEST AUCTIONS.
- Liability of the Seller
11.1. The Seller will be liable in accordance with statutory provisions in so far as the Buyer makes claims for damages that are based on intent or negligence, including intent or negligence by his representatives.
- 2. The Seller is responsible for defects of the horse according to § 2099 and next provisions of the Czech Civil Code Nr. 89/2012 Coll.
- Exclusion and limitation of the liability of EQUEST AUCTIONS
12.1. EQUEST AUCTIONS shall not be liable for any damage resulting from the Auction and/or occasioned by or caused within the scope of the performance of the agreement, except in the case of intentional misconduct or gross negligence of EQUEST AUCTIONS.
12.2. EQUEST AUCTIONS shall not be liable for the occurrence of damage due to any accident that happened in, on or in the vicinity of the sites or buildings where the horses can be inspected and/or tried out, except in the case of intentional misconduct or gross negligence of EQUEST AUCTIONS. Persons who access the sites and buildings, where filming days are held, shall do so at their own risk.
12.3. EQUEST AUCTIONS shall not be liable for damage caused by the provision of incorrect and/or incomplete information, regardless of the nature and size of such damage and the provided information and regardless of the origin of the information, except in the case of intentional misconduct or gross negligence of EQUEST AUCTIONS.
12.4. If and in so far as no payment should be made by the insurer of EQUEST AUCTIONS for any reason, its liability shall be limited to an amount not exceeding 2.500,- EURO.
- Personal data
13.1. EQUEST AUCTIONS will use the personal data in accordance with the provisions in the privacy statement on its auction website. The User should always consult the latest changes to the privacy statement when visiting the Auction Website. The User agrees that their personal data entered on registration or signing up may be used for inclusion in the prospectus. The User grants EQUEST AUCTIONS unconditional permission to use this personal data for the purpose of, among other things, the prospectus.
13.2. The personal data of potential buyers or interested parties shall be processed in conformity with the General Data Protection Regulation.
- Applicable law and competent court
14.1. Current terms and conditions are subject of Czech law, with the exclusion of the provisions of the Vienna Convention on the International Sales of Goods.
14.2. Czech Law is the binding law of the Auction, and any disputes will be settled by the court competent for the Organizer’s location.
14.3. If, during the Auction, a dispute arises about the proceedings during the Auction, EQUEST AUCTIONS will be authorised to give a binding opinion on the issue and to continue the sale by Auction.
14.4. All disputes arising from and in connection with these these General Terms and Conditions will be decided with finality at the Arbitration Court of the Economic Chamber of the Czech Republic and the Agrarian Chamber of the Czech Republic in accordance with its rules by one arbitrator appointed by the Chairman of the Arbitration Court. The arbitration proceedings will be conducted in Czech. If the Buyer is Consumer, the District Court for Prague 1 will act as a competent court.
- Other provisions
15.1. EQUEST AUCTIONS reserves the right to amend these General Terms and Conditions unilaterally. In the event of any amendments, the new General Terms and Conditions will apply with effect from the next Auction.
15.2. If a provision in these General Terms and Conditions is legally ineffective, the legal effectiveness of the other provisions will remain intact. In that case, the provision will be replaced by a new provision which reflects the purport of the void/nullified provision as closely as possible.