The Breemeersen online auction is organized by Brondeel Projects CommV with registered office at Breemeersen 36, 9880 Aalter, Belgium.
To participate in this auction implies that these auction conditions are explicitly acknowledged and accepted without reservations.
Brondeel Projects CommV sells horses/embryos/goods related to horses via the website www.breemeersen.be on behalf and for account of third parties. Brondeel Projects CommV acts as auction service. The auction acts as mediator between seller and buyer. A sales agreement is exclusively between the seller and the bidder/buyer.
The Breemeersen online auction is a Sealed Bid Auction. The bidders submit online their own sealed bids without showing the competing bidders how much they bid. If two bidders have submitted an identical highest bid, the first bid will win the auction. When the auction is ended Brondeel Projects Comm V will contact the bidder/buyer with the highest bid. Also the bidders who did not win the auction will be informed without revealing the identity of the highest bidder and the amount of the highest bid.
The selected horses are sold outright, without proceedings or recompense, in the condition they have at the time of the sale. For each horse, the bidder can consult the recent report of the veterinarian. Participating to the auction implies that the buyer/bidder has consulted the veterinarian report prior to placing a bid. If heights of a horse/pony are given, it’s only an indication. Buyers can’t cancel the deal if there is a difference in height. Sellers are presenting their horses free of stable vices.
The sale is established under Belgian law by means of bidding and allotment to the highest bidder after payment of the settlement amount, whether or not to be increased by VAT. Bids and payments are made in EURO.
The website will state an indicative closing time of the auction per specific lot.
In the auction a horse is allotted to the highest bidder. The settlement of the sales price by buyer is calculated as follows: the allotment price + 5% (exl. VAT) of such allotment price as buyer’s commission = net price, to be increased with any VAT possibly due (when the seller is VAT-bound, this information is to be found on every fiche made for that good on website), which constitutes the total settlement amount. By making a bid, the bidder undertakes to pay the settlement amount, unless a higher bid is made.
In addition to the allotment price, the buyer will pay Brondeel Projects CommmV a percentage of 5% (excluding VAT) of the allotment price by way of commission and for the mediation in the auction costs. Brondeel Projects CommV will give the buyer an invoice for these services, the amount of which is to be promptly transferred into the account of Brondeel Projects CommV, previous to the delivery of the horse to the buyer.
Brondeel Projects CommV will send the buyer an invoice for the buyer’s commission to the buyer, and an e-mail with the total amount to be paid to Brondeel Projects CommV. After full payment to Brondeel Projects, Brondeel Projects will bring both seller and buyer in contact. In case the seller is VAT bound, he will make an invoice for the allotment price increased with the VAT and address this to the buyer, while mentioning that the payment is already done to Brondeel Projects CommV. The settlement amount is immediately due upon allotment and needs to be paid by bank transfer within 5 days following the auction.
Any liability regarding the auctioned horses is immediately after allotment transferred to the buyer. After auctioning AND payment, buyer and seller will make arrangements for the delivery in mutual consultation. A foal can be delivered at the age of 4 months the earliest. The legal relationship exists directly between buyer and seller, with this understanding that the seller is liable to the buyer, with explicit exclusion of the auction organisation, for any shortcoming a horse may display after the auction.
Neither seller or buyer can derive any rights from the fact that the auction organisation selected the horse and, when deemed necessary, subjected the horse to a veterinary examination at its request.
The information provided about the horses is exclusively intended to give an impression of the qualities of the horses, without pretending to be complete and without offering any guarantees. For the description of a lot in its catalogue, Brondeel Projects CommV is purely led by the information about that lot provided by the seller or a third party. Brondeel Projects CommV is not liable for any printing mistakes and/or material errors in the auction catalogue or on its website and online catalogue.
If not otherwise agreed between the Buyer and the Seller after the Auction and passed on to Brondeel Projects, the horse will be collected from the Seller at the expense of the Buyer. Delivery will only take place after Brondeel Projects has informed the Seller that the settlement amount, as defined in previous articles of these auction conditions, has been deposited into the account number of Brondeel Projects CommV. Upon delivery of the horse, the form ‘Proof of delivery’, will be completed and signed by the Buyer. The seller is allowed to charge stable money for the horse from 30 days after the auction ends.
In case of a carrier mare: After weaning, the carrier mare will be delivered back to Brondeel Projects CommV at the expense of the Buyer. The transport of the carrier mare from Brondeel Projects CommV back to her owner is at the expense of the Seller, unless otherwise agreed on between the Buyer and the Seller and passed on to Brondeel Projects CommV. The Seller is allowed to ask maximum 2500 euros warranty for his (rented) carrier mare. The Buyer pays this warranty to Brondeel Projects CommV. When the carrier mare is delivered to Brondeel Projects CommV in good condition, the warranty will be transferred to the Buyer.
In case of export of a horse, the buyer will submit valid transport documents within 3 months after the auction, on forfeiture of a penal sum consisting of the VAT as yet to be charged.
The buyer guarantees, at all times, the correctness and completeness of the personal information he/she provides when making a bid during the auction. The information that the buyer uses during the auction are strictly personal and cannot be communicated to somebody else.
In the event that the bidder/buyer detects that the horse has a stable vice, being either crib-biting, weaving, or wind-sucking, the bidder/buyer shall notify Brondeel Projects CommV in writing within 7 days after the delivery of the horse to the buyer/bidder, with a description of the nature of the stable vice. In that case, Brondeel Projects CommV will appoint a veterinarian who will examine the horse in connection to the alleged stable vice as described by the bidder/buyer. The veterinarian’s conclusion about the cause and seriousness of the alleged stable vice shall be binding. If the veterinarian finds that the horse has the stable vice as described by the bidder/buyer, the seller is obliged to pay the costs accrued by Brondeel Projects CommV. If the veterinarian finds that the horse does not have the stable vice, the bidder/buyer must pay the costs to Brondeel Projects CommV. In case the veterinarian confirms the stable vice, the seller must take the horse back immediately at his own cost in return for the remuneration of the sale price, if the sale is considered dissolved or annulled.
When the bidder/buyer does not notify, in the manner required, the aforementioned stable vice of the purchased horse within 7 days after the delivery and/or the veterinarian does not detect the stable vice, the right of the bidder/buyer to make the purchase unbinding is void.
If the horse will be exported, the buyer pays for blood tests, if those are required by law. Brondeel Projects CommV and the seller will cooperate, to send the blood to labo Bose. If the result of the test is in that way, that export is not possible, the sale can be cancelled, if buyer decides to cancell the deal.
In the event that the sale is legally dissolved or annulled by the bidder/buyer, the seller and the bidder/buyer shall nevertheless comply with all financial obligations, as mentioned in these auction conditions, towards Brondeel Projects CommV, in as far as compensation to be paid to Brondeel projects ComV is concerned.
In the event of a dispute, related to the auction, should occur between the Seller and the Buyer, the auction committee will make an effort to settle this dispute by mediation. If any of the parties believes that no solution has been reached, the Court of Ghent will be exclusively competent. To the relationship between the Seller and the Buyer Belgian law applies.
Any dispute arising from this auction and its consequences will be exclusively ruled by Belgian law with exclusion of the provisions of the Vienna Sales Treaty regarding international purchases/sales. The Courts of Gent are exclusively competent to take cognizance of any disputes.