Terms and conditions Equest Auction 2024
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 The organiser), run the auction of horses of sellers on the internet (hereinafter only referred to as internet auction) in our own name and for the account of a third party. As the organiser of the purchase agreement with the purchaser as well as of the legal relationship with the bidder (also only referred to as user or customer) 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.
2 Equest Auction
2.1. The Auction will take place on the website https://bid.equestauction.com/auctions (hereinafter “the 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. We reserve ownership and copyrights to any and all images, videos, drawings, descriptions and other documents that have been used by us for the auction. Before revealing them to third parties, the purchaser, the bidder or any other third party needs our express written consent. The auction has the option to provide photos and videos from the filming days to its media partners.
3.1. The horses that will be auctioned on the platform will be presented and can be viewed before the start of the Equest 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 contract. 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 horses born in 2020 or younger, were not checked clinically due to their young age. The examination protocols and x-rays are available at the auction platform and may also be sent directly to the interested person on email.
3.4. The location of the horse after the end of the internet auction is at the seller. Due to the technical and organisational development of the Internet auction, a visit to the horse before the conclusion of the purchase contract 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 Equest auction. For this purpose, an appointment must be made in advance by email firstname.lastname@example.org and potential buyer must be registered at Equest auction.
4.1. Participation in the Equest auction for potential buyers is permitted only for natural persons and legal persons who have registered on the Website before the start of the Equest auction and have truthfully completed the accompanying questionnaire and who therefore have an account.
4.2. Participation in the Equest auction implies that the buyer agrees, expressly and without any reservation, with these terms and conditions of auction and with the chargeability of the auction costs at a rate of 10% and 21% VAT (if applicable) on the hammer price.
4.3. The applicability of any general terms and conditions of the buyer is expressly rejected.
5.1. To take part in bidding, a registration is required. 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.
5.2. The Equest auction is allowed to verify the authenticity of the given contact and billing details, before and during the auction. By doing a bid on the online platform, the user accepts the terms & conditions. Winning the auction by offering the highest bid, is a substitute of signing a sale contract.
5.3. All bids and payments are made in EURO.
5.4. 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
– over 50.000 euro – 5.000 euro
5.5. The person who offered the highest bid and won the auction, will automatically receive a confirmation of purchase by email. Within 2 days the auction office will contact the Buyer, and after confirming the billing details, send an invoice.
6 Price and therms of payment
6.1. With the confirmation of the purchase agreement, the bidder 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 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 7 days of receiving an invoice from the Equest auction. The auction is conducted in EUR.
6.4. The purchase price is due immediately and without deduction upon confirmation of the conclusion of the purchase agreement. 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. All the judicial and extrajudicial costs to be incurred by the Equest auction in order to collect its invoices shall be for the buyer’s account. Extrajudicial costs shall be charged to the buyer at a flat rate of 15% of the amount to be collected, with a minimum of EUR 250.00
7 Transfer of risk
7.1. All the risks of the horse and (frozen) embryo shall pass to the buyer immediately after the bid has been allocated.
8.1. The ownership of the auctioned horses or embryos is only transferred to the buyer after full payment of the purchase price plus commission and VAT. 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 consent of the organizer or seller.
9.1. The horse cannot be transferred to the buyer until the full payment is credited to the bank account of the Equest auction.
9.2. The auctioned horse must be picked up by the purchaser within a period of 7 days after the payment of purchase prize at the location of the horse. Until will be, until then, kept and looked after by the organiser free of charge. From the eight days after payment, we will charge an amount of EUR 20 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.
A claim for damages expires in any case twelve (12) months after the buyer became familiar with the damage that has directly or indirectly resulted from an event or circumstance for which organizer is or could be liable.
11.1. The Equest auction 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 The Equest auction.
11.2. The Equest auction 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 the Equest auction. Persons who access the sites and buildings, where filming days are held, shall do so at their own risk.
11.3. The Equest auction 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 The Equest auction.
11.4. If Equest auction should be liable for any damage, then its liability is limited to the amount paid out in the specific case by the insurance company of Equest auction plus the deductible under that insurance.
11.5. If and in so far as no payment should be made by the insurer of Equest auction for any reason, its liability shall be limited to an amount not exceeding €2,500.00.
12 Personal data
12.1 For the conclusion and performance of the agreement, the Equest auction will request potential buyers or interested parties to provide their personal data. By registering on the Website, the potential buyer or interested party consents to the use and storage of their personal data, including the provision of personal data to the seller to be able to facilitate the sale and purchase agreement or to perform the sale and purchase agreement and to enable other obligations resulting from this.
12.2. The personal data of potential buyers or interested parties shall be processed in conformity with the General Data Protection Regulation.
13 Applicable law and competent court
13.1. 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.
13.2. Czech Law is the binding law of the Auction, and any disputes will be settled by the court competent for the Organizer’s location