Scope

1.1. These auction terms and conditions (hereinafter the “Terms”) are applicable by every use of the auction website and at every auction organized by the BV “BBC & Co BV”with registered office at Belgium, Zelle 4, B-2270 Herenthout, Belgium (hereinafter the “Company”).

1.2. By submitting a bid in person, by telephone or online, or by entering in an agreement the Bidder declares explicitly to have knowledge about the Terms, and understand and accept them and has a copy in its possession.

1.3. The Terms of the Company are applicable on Companies, as described in art. I.1, 1° of het Wetboek voor Economisch Recht, as on consumers as descibed in art. I.1, 2° of het Wetboek voor Economisch Recht.

1.4. The Terms of the Company are to be considered exclusive. As consequence the Company doesn’t agree with the applicability of any other terms.

1.5. The Terms forms together with the (sale)agreement, the integral agreement (hereinafter the “Agreement”) and reflects the complete agreement between parties, considering the subject of the Agreement and it suspends all previous oral and/or written agreements, notifications, offers, or correspondence between parties.

Definitions

2.1. Agreement for sale: the agreement between Buyer and Seller that is established as a consequence of the allocation.

2.2. Allocation: the explicit declaration of the Company to the Bidder the Lot he was bidding on is allocated to him.

2.3. Auction website: the website on which the Company offers het Online Auction service.

2.4. Bidder: the natural or legal person that participate in an auction organized by the Company.

2.5. Bid: the amount bid by the Bidder for an auction lot at an auction, to be increased by taxes and costs (including without being limited to the Auction Costs).

2.6. Buyer: the Bidder on who the Allocation is appointed.

2.7. Lot: one or more Goods offered for sale at an auction.

2.8. Online Auction service: the online platform whereon the Bidder can make his bid online.

2.9. Public Auction or Physical auction: a method for the sale of goods whereby goods offered by the Seller are sold by using a transparent competitive bidding procedure under the supervision of an auctioneer and whereby the Bidder can be present in person or whereby the Bidder has the possibility to be present in person and whereby the winning Bidder engages himself to buy the Lots he is bidding on.

2.10. Seller: the natural or legal person that has given the mandate to the Company to sell one or more goods in name and on behalf of itself.

Registration

3.1. To participate by phone or online at the auction as Bidder registration, in a way that is foreseen by the Company, and acceptance of the Terms. Participation isn’t allowed when you aren’t able to perform legal acts or if you are legally incapacitated.

3.2 The Company has the right to refuse registration or further participation to an auction on every moment for whatever reasons.

3.3 If you wish to participate at the auction you will need to legitimize your identity on first request of BBC & Co BV, failing can lead to the prohibition to participate at the auction.

3.4 You are obliged to pass on all the requested information completely, correct and truthfully and you will need to guarantee the correctness and completeness of the information supplied by yourself. If these information changes at any moment, you will need to notify the changes to the Company.

3.5 If you are offered the opportunity to make use of a login-name and password, the login-name and password are considered tob e strictly personal and can’t be passed on to third parties. If you fear that a third party has knowledge of your password you will need to notice that to the Company. You are responsible for and bounded by all actions occurred by the use of your login and password, even when there is abuse.

3.6 As of the registration procedure is completed and you have an account, you can make use of the Online Auction service. An account can be deleted on simple request. Unless you bid on the live event, bidding and participation is allowed without an account.

Auction

4.1. The preparations and execution of the auction are determined by the Company solely. This means that the Company has the authority to decide on the preparations and execution of the auction, this includes without being limited: the admission of persons to the auction, the exclusion of persons to participate to the auction, not to auction one or more Lots, not to recognize a bid, to suspend the auction, to prolong the auction or to take any other necessary measure.

4.2 The time of the auction is mentioned on the Auction website. Even though the Company is entitled to cancel, suspend or prolong to auction. The Company is by example entitled to suspend the auction when there are technical interferences. The Company is in no way obliged to suspend the auction.

4.3 A Bidder is obliged to respect the instructions of the Company.

4.4 In principle the auction will respect the order as mentioned in the auction catalogue. The Company has the right to deviate from this order.

4.5 The Bidder accepts the special conditions that can play a role by online/ telephonic bidding.

4.6 The Bidder with the second-highest bid is obliged to continue to give full effect to the bid until ten business days after the bid is placed in case that the highest bid is declared invalid or the Agreement for sale isn’t established for whatever reason.

Public auction

5.1. The Company gives the Bidders the option to place their Bid in person in front of an Auctioneer, the location is mentioned on the Auction website.

5.2Instead of placing his Bid in person the Bidder has also the possibility to place its bid online or by telephone.

Allocation

6.1 The provisional allocation takes place under the suspensive condition of the Seller’s approval. Immediately after all Goods are allocated provisionally, the respective Sellers are asked for its agreement, afterwards the Auctioneer will announce clearly which lots are allocated definitely and which are withheld

Description of the Lots

7.1. All statements made by the auctioneer or BBC & Co BV, be it in writing or in oral form, are not to be referred to as statements of fact.They are to be considered only as an opinion, given according to the best of the auctioneer’s knowledge and are for guidance only. BBC & Co BV is depending on the information provided by the Seller or third parties to describe the Lots on the Auction Website or in the catalogue. BBC & Co BV has no knowledge that the Lot that is auctioned is entrusted with any rights of third parties.

The Bid

8.1. The bid needs to be placed in the way as determined by the Company. The auction of foals and embryos commences at five thousand euro (5.000,00 EUR) and takes place in foreclosure of min. five hundred euro (500,00 EUR). As of the sum of ten thousand euro is reached the auction takes place in foreclosure of min. two thousand euro (1.000,00 EUR). As of the sum of twenty thousand euro is reached the auction takes place in foreclosure of min. two thousand euro (2.000,00 EUR). The Auction of horses commences at ten thousand euro (10.000,00 EUR) and takes place in foreclosure of min.  thousand euro (1.000,00 EUR). As of the sum of twenty thousand euro is reached the auction takes place in foreclosure of min. two thousand euro (2.000,00 EUR).  The Corporation is entitled to change the bidding procedure at every moment, if there are reasonable grounds therefor.

8.2 If the Bidder makes a Bid, this Bid is considered to be an offer to the Seller. The Bidder is bounded irrevocably and unconditionally by his bid.

8.3 If more persons place a mutual bid they are jointly and severally liable.

8.4 The Company and the Seller are entitled to participate at the auction and to place Bids on behalf of third parties.

8.5 A Bidder can’t invoke a bid-, typo-error of other mistake.

Prices

9.1. Unless otherwise mentioned the prices are excl. VAT.

9.2. The buyer pays BBC & Co BV twelve and a half percent (12,50%) excluding VAT on top of his purchase price for the sale expenses, which are payable to BBC & Co BV, if the sale concerns a foal or horse. It is brought to the buyer’s attention that in addition to the earlier mentioned fixed expenses, the buyer also has to pay possible VAT on the purchase sum. If this is the case, the seller shall create an invoice.

9.3. The buyer pays BBC & Co BV twelve and a half percent (12,50%) excluding VAT on top of his purchase price for the sale expenses, which are payable to BBC & Co BV, if the sale concerns an embryo. It is brought to the buyer’s attention that in addition to the earlier mentioned fixed expenses, the buyer also has to pay possible VAT on the purchase sum. If this is the case, the seller shall create an invoice.

Payment

10.1. All invoices are to be paid in cash on the legal seat of the Company or by bank transfer and are payable without discounts.

10.2. All invoices are payable within three business days after invoice date.

10.3. The term to protest the invoice expires on the fifth (5th) calendar day after invoice date. Protest needs to be done in writing by registered letter. Protest needs to be motivated.

10.4. In case of export, B.B.C. & Company will refund the VAT paid by the buyer to the buyer if he /she can produce a valid export document within 3 months of the auction.

Claims and responsibility

11.1. The responsibility of the Company is limited to what is regulated in these Terms.

11.2. Each claim of the Bidder against the Company is invalid if the claim isn’t noticed in accordance with these Terms or isn’t brought before the competent court within a term of two months after the date on which te fact whereon the claim is based was known or was supposed to be known by the Bidder.

11.3. The responsibility of the Company is limited to the value of the services that the Company has rendered. Which shall be determined on the basis of the invoice regarding the Auction Costs. Each responsibility is in each case limited to the amount that is covered by the assurance of the Company.

11.4. If the buyer pulls out of the purchase, the Company is entitled to immediately re-auction the Goods without accepting the original bidder/buyer’s bid. The original bidder/buyer is obliged to pay the Company the expenses for re-auctioning the foal as well as the difference between his bid and a possibly lower purchase sum after re-auctioning.

Risks and delivery

12.1. Unless explicitly otherwise agreed in writing the risks of the Good will be transferred at the moment of closure of the auction.

12.2. The delivery of the foal can’t take place before the foal has reached the age of 4,5 months and is weaned for at least 1 week before delivery. Ownership of the embryo is transferred to the buyer at the moment of the closure of the auction. The surrogate mare stays in ownership of the Seller, or this can be agreed upon differently upon between Seller and Buyer.

12.3. The delivery of the Good takes place on risk and costs of the Seller. Buyer and Seller agree on the specific terms of the delivery, which can’t take place before the payment to the Corporation, notwithstanding art. 12.2.

12.4. The Company shall not be liable for visible and/or hidden defects. In any case, the liability of B.B.C. & Company shall be limited to the settlement amount paid by the buyer and further limited to the amounts covered by its insurance company.

 12.5. The information relating to the lots offered for sale only aims to give an impression of the qualities of the lots, without being considered to be complete and without giving any guarantees. B.B.C. & Company shall not be liable for possible printing errors and/or material mistakes in the catalogue or erroneous statements on its website

12.6.The buyer cannot derive any rights from the fact that B.B.C. & Company has selected the lots.

Termination

13.1. In case of malpractice, bankruptcy or manifest inability of the Buyer, the Company is entitled to dissolve the agreement without notice of default and by operation of law by registered mail. In the case of dissolvation or termination as on request of the Company, the Buyer is obliged to pay a fixed compensation to the Company which is equal to 25% of the to be invoiced price, unless the right to claim the actually incurred damage.

Force Majeur

14.1. The Company isn’t responsible against the Buyer/Bidder for any malpractice or untimely execution of or for the consequences of any not-timely execution which isn’t caused by her fault, nor by law, nor by any legal act, including natural disasters, wars, fire, strikes, explosions, terrorist attacks …

14.2. In the case of Force Majeur the Company is entitled to suspend its obligations under the Agreement. If the force majeur holds on for more than 6 months the Buyer and the Company are entitled to dissolve the part of the Agreement which isn’t executed by written notice, in the case a party makes use of this right it isn’t entitled nor obliged to pay a compensation.

Applicable jurisdiction

15.1. In case of interpretation of the Terms, the Dutch version of the Terms prevail on any other version of the Terms.

15.2. The Agreement and the documents to be entered into, shall be exclusively governed by and construed in accordance with Belgian Law, without regard to any conflict of law rules under Belgian international private law. The applicability of the internations Convention of Sale of Goods is excluded.

15.3. Any dispute in connection with the Agreement and any other document to be entered into pursuant to or in connection with it shall be submitted to the exclusive jurisdiction of the competent court in Ghent, Belgium.

15.4. In the event that a provision of the Terms or the Agreement is null and void or unenforceable (either in whole or in part), the remainder of the Terms or the Agreement shall continue to be effective to the extent that, given this Agreement’s substance and purpose, such remainder is not inextricably related to the null and void or unenforceable provision. The Parties shall make every effort to reach agreement on a new provision which differs as little as possible from the null and void or unenforceable provision, taking into account the substance and purpose of this Agreement.

Embryo auction

16.1 With each surrogate mare a warranty and service fee is to be paid, in total 2.500 euro (excl. VAT), that will be deposited on a third party account of The Company. The surrogate mare stays in ownership of the seller, unless seller and buyer agree other terms. Warranty will be returned the moment the surrogate mare is returned in good shape to the owner.

16.2 At the moment of sale, the buyer becomes responsible for the transportation and well being of the surrogate mare inclusive embryo. Until the surrogate mare is returned to the seller / owner, unless seller and buyer agree other terms.

16.3 Exception lot Colorit x Divana de Laubry – Embryo is carried by natural mother. The mare remains with Seller – located in Belgium for a fee of 200 euro/month until the foal is ready to be weaned and transported to the new owner. Owner has the right to contact seller for regulary updates on the health as well as visits to check on the mare, embryo and later foal. No warranty to be paid.