1.2 On these auction conditions as well as the deals from article 1.1 only Dutch law can be applied, with total exclusion of the “Weens koopverdrag”, (CISG)
1.3 The auction conditions will be introduced to all visitors of the Kerstveiling Online and are shown on the website www.kerstveiling.nl before the auction is started.
1.4 The conditions shown in article 2.1 in capitals relate to the following meaning.
- BUYER: a natural person or legal entity who is acting as a buyer in an agreement of buying and selling of a horse in the auction.
- NOTARY: The notary who is supervising in the Kerstveiling.
- FOUNDATION: De Foundation “Stichting Kerstveiling Marienheem”.
- SELLER: A natural person or legal entity that is the seller of a horse or foal in deals that are done in the Kerstveiling auction.
- TEAM KERSTVEILING MARIENHEEM (Team KVM) The selection committee that is selecting the horses that will be presented for sale in the Kerstveiling auction.
- FOAL/HORSE: A horse or foal that is selected for the Kerstveiling auction by Team KVM and will be presented for sale in the auction.
- AUCTION: the auction that is organised by The Kerstveiling Foundation, Marienheem.
- THE AUCTIONEER: The auctioneer that is designated to run the actual Kerstveling auction.
3.1 The auction will be organized by the Kerstveiling foundation.
4.1 The purchase agreement is made between the buyer and seller, with the obligation for seller and buyer to pay the auction fees that are mentioned above to the foundation.
5.1 The horses or foals will be sold by bidding. They will be auctioned in catalog order. The auctioneer has the right to change the order of selling. The auctioneer also has the right to refuse a buyer without a statement.
5.2 The bidding will happen by entering the offers for a horse on the website. The highest bidder wins the auction when the time count is finished.
5.3 Every bidder is supposed to bid for him or herself and will be held responsible for his bid until a higher bid is accepted. When a bidder is buying in order of another buyer, he will be held responsible for his bid/bids, next to his client, also the obligations that belong to winning an auction.
Every bidder/buyer has to legitimize himself to the auction committee or auctioneer when he is asked to. Using a valid id. He has to allow a copy can be made, to prove the identity of the buyer. If a buyer doesn’t show a valid id at first request the auctioneer is allowed to declare the auction invalid and re-auction the horse.
5.4 If the auctioneer makes a mistake he is allowed to correct his mistake.
6.1 All horses are checked clinically, some horses have an x-ray report. The results of these test will be shown at the page of the horse. All reports can be emailed to you if you like, contact us by email.
7.1 For the buyer the auction fee is 10% of the final auction price plus 21% tax over the auction fee.
8.1 All horses that are offered are margin horses, unless different is announced.
PAYMENT, RISK-TRANSITION & DELIVERY
9.1. After winning the auction of a horse the buyer is obligated to fill out the purchase agreement as soon as possible.
9.2 Purchase price and auction fee have to be paid before the 23rd of december 2022.
9.3 Considering the horses, the risk transition will happen on the moment the buyer signs the purchase agreement. The risk of the horse is for the buyer from that moment on.
9.4 Delivery of the horse can be arranged with the secretary of the foundation.
9.5 If a buyer does not pay the amount that is due in the correct time frame the foundation has the right to impose a fee of E2.500.= (In words: two thousand and five hundred euros) due and payable directly, with a fine of E250.= (In words: two hundred and fifty euros) per day for the time the negligence continues.
9.6 The horse will be delivered with official pedigree, passport and and veterinarian report.
9.7 The foundations offer to arrange insurance directly for a horse you buy in the auction. Buyer does need to report that he wants to use this insurance to the secretary.
10.1 If a buyer opinion is that the horse does not meet the quality requirement that was offered after a horse is delivered, a buyer has to report so within 3 weeks after delivery, if he fails to do so this right expires. The buyer will make this report in writing (by mail) or by email.
10.2 Breach of contract on the side of the buyer, when he does not meet his obligations give seller/ foundation the right to, by his choice, to claim compliance or to remit the purchase contract. Either way the buyer forfeits his right to the seller a one-off fine of E 2500.= (in words; two thousand five hundred euro). The seller/ foundation obtains the right to try for compensation. This by registered mail or by bailiffs writ. Notice of default has to occur with observance of at least 8 days.
11.1 The foundations rules out, as far as legally allowed, all liability related to buyers, sellers and third parties. Especially in the following cases, but not limited to.
11.2 The foundation can not be held responsible when a horse that is offered for sale in the auction website is not offered for auction.
11.3 The foundation can not be held responsible for any accidents or any form of damage that might occur on the ground where the horses can be viewed or picked up. Entering these grounds will always take place at your own risk.
11.4 The foundation can not be held responsible for damage to third parties. Except for damage that is due to conscious recklessness by the foundation or its executives.
11.5 The foundation has attempted to compile the collection of horses in the auction as accurate as possible. The foundation can not be held responsible for mistakes in the information on the website. The information obtained by the auctioneer or secretary is determinative.
12.1 The horses/ foals will be checked clinically again before they are delivered or picked up.
12.2 In case of a dispute between buyer/seller/ foundation the dispute will be presented to a court that is authorized to judge in this matter. When one or both of the parties concerning this matter is established outside the Netherlands the “Noord Nederland court” is still competent to be informed about the dispute.