Terms and Condition
Article 1. Scope
1.1 The present terms and conditions govern the relationship between on the one hand each individual party expressing an intent to bid during the Aloga Auction (hereinafter referred to as a “Bidder”) and on the other hand (i) the limited liability company Bertram Allen Gmbh, a company under the laws of Germany, having its registered office located in Germany, 46569 Hünxe, Wachtenbrinker Weg 6 and which can be contacted by email at email@example.com (hereinafter referred to as the “Organiser”) and (ii) Ballywalter Stables Limited, a company under laws of Ireland, having its registered office in Ireland, Co Wexford, Enniscorthy, Brownswood, 1 The Courtyard and that will towards the Buyer (as defined hereinafter) act as the seller of all horse(s) that are offered for sale during the Aloga Auction (hereinafter referred to as “Seller”). These terms and conditions therefore extend to all preparatory actions such as the extending of information or the organisation of sightings.
1.2 The applicability of any general terms and conditions of a Bidder is expressly rejected.
Article 2. The Aloga Auction
2.1 The Aloga Auction is a public auction under Belgian law, in accordance with article VI.75 of the Belgian Code of Economic Law, for horses in the jumping discipline
2.2 The Aloga Auction will be organised by the Organiser on the 1st of May 2023, starting at 20:30 h, at the location Sentower Park, Leemkuilstraat 21, B3660 Opglabeek. Gerrit Holz is the bailiff appointed as the ministerial officer in charge of the conditions of sale of the Aloga Auction, as required by article VI.79 of the Belgian Code of Economic Law
2.3 Both prior to and during the actual auction as mentioned in article 2.2 of the present terms and conditions, all Bidders that are duly registered in accordance with article 4 of these terms and conditions, can place online bids at www.aloga-auction.com. Online bids may be published by the Organiser, at the discretion of the latter.
2.4 The Aloga Auction will start and close at the time indicated in advance on the Aloga Auction website: www.alogaauction.com or at the location referred to in article 2.2 of these terms and conditions. The duration of the Aloga Auction will be displayed on the website www.aloga-auction.com and at the location referred to in article 2.2 of these terms and conditions. The period during which online Bids can be placed, shall be indicated on the website www.aloga-auction.com.
2.5 Persons having concluded the sale, either in person or by means of a proxy holder, through the public auction as mentioned in article 73, 11° of the Belgian Code of Economic Law, have no right of revocation regarding sales that have been concluded during the Aloga Auction. Consumers that qualify for a right of withdrawal, in view of the exclusive use of means of telecommunication for the conclusion of a sale during the Aloga Auction, can execute this right of withdrawal during a period of 14 days following the date of taking delivery of the concerned horse(s). The right of withdrawal can be executed by using the form that can be found here.
Article 3. Offer
3.1 All information about the Seller and the horse(s) that will be offered for sale during the Aloga Auction can be consulted on the Aloga Auction website: www.aloga-auction.com before the start of the Aloga Auction
3.2 Prior to the start of the Aloga Auction, Bidders are offered the possibility to view and/or to try out the horses under saddle that are offered for sale by the Seller at the location referred to in article 2.2 of these terms and conditions. Bidders must however make an appointment in advance by email to firstname.lastname@example.org.
3.3. Bidders cannot request a trial period to try out the horse(s) that are offered for sale by the Seller.
3.4 Bidders acknowledge that the horses are offered in the state of health “as is” during the Aloga Auction and which is demonstrated by the report of the veterinarian appointed by the Organiser, which report shall be part of the information mentioned in article 3.1 of these terms and conditions.
3.5 The relevant Seller cannot give any guarantee with respect to the horse’s future sporting abilities or future state of health. All risks in this respect are the sole responsibility of the buyer.
Article 4. Registration
4.1 Participation in the Aloga Auction is only permitted for natural persons and legal persons who have fully and truthfully completed the registration process before the start of the Aloga Auction either on the website of the Aloga Auction www.aloga-auction.com or on paper provided at the location referred to in article 2.2 of these terms and conditions.
4.2 The Organiser reserves the right to, at its discretion, refuse the participation or bids of persons, regardless of whether or not they are registered in accordance with this article 4.
4.3 By completing the registration process referred to in article 4.1 of these terms and conditions, the Bidder agrees expressly and without any reservation with these terms and conditions.
Article 5. Bids
5.1 The horses are solely offered through a bidding procedure authorized under the laws of Belgium (articles VI.75-VI.79 of the Belgian Code of Economic Law) that will take place during the Aloga Auction at the location referred to in article 2.2 of these terms and conditions.
5.2 In order to create a level playing field among Bidders, bids can only be placed in EURO and exclusive of VAT.
5.3 The Bidder who wishes to place a bid can do so by attending the Aloga Auction in person at the time and location indicated in articles 2.2 and 2.3 of these terms and conditions.
5.4 In the event that the Bidder will not be able to attend the Aloga Auction in person, the Bidder can appoint a proxyholder by completing a proxy bid form. A template proxy bid form is available via the website www.aloga-auction.com. By submitting the proxy bid form, the Bidder authorizes the proxyholder to place a bid on behalf of the Bidder at the location referred to in article 2.2 of these terms and conditions during the Aloga Auction. The relationship between a proxy giver and proxy holder is subject to the agreement between both of these parties. In relation to the Organiser and the Seller, the proxy giver shall remain responsible for all acts performed by the proxy holder under said proxy agreement.
5.5 The Bidder who, whether in person or through a proxy holder that is registered as such in view of the auction, will place a bid pursuant to article 5.1 to 5.4 is deemed to bid for his own account and will be held personally liable for all obligations resulting from the participation in the Aloga Auction.
5.6 The Organiser may at all times refuse a Bidder or bid if the Bidder is deemed untrustworthy or acting in violation of any legal or contractual obligation that may or might impact the auction or the further execution of the potential sale.
5.7 The starting bid for each horse will be EUR 25.000,00 excluding VAT. When a Bidder has placed the starting bid, other Bidders can each time place a minimum bid of EUR 2.500,00 up to EUR 100.000,00 excluding VAT. A minimum bid of EUR 5.000,00 can be placed thereafter.
5.8 When a Bidder has placed a bid during the Aloga Auction, this bid will remain valid until a higher bid has been accepted.
5.9 The acceptance of bids is the sole and discretionary authority of the auctioneer that is appointed thereto by the Organiser. The auctioneer shall strive to take all bids duly into account, supervised to that end by the present bailiff, without, however incurring any liability in case a bid has been overlooked or otherwise not taken into account. The auctioneer has the authority to refuse bids he does not deem fit. The decision of the auctioneer is final and not open for review. It is also the auctioneer who, at his discretion, ends the Aloga Auction and award the concerned horse to the highest and final bid (hereinafter referred to as: “Closing”).
Article 6. Conclusion sales agreement
6.1. Each sales agreement is considered to be concluded between the Seller of the horse and the Bidder who has placed the highest and final bid (hereinafter referred to as: “Buyer”) at the Closing of the Aloga Auction.
6.2 Each sales agreement that has been concluded pursuant to these terms and conditions is considered to be concluded at the place of the location referred to in article 2.2 of these terms and conditions.
Article 7. Transfer of risk
7.1 All risks related to the purchased horse are transferred to the Buyer immediately after the Closing of the Aloga Auction.
Article 8. Price and additional costs
8.1 The Buyer undertakes to pay the following amounts due on the respective bank accounts of the Seller and the Organiser:
8.1.1 The purchase price must be paid by the Buyer to the Seller of the purchased horse. The purchase price will be the amount equal to the final and highest bid placed by the Buyer during the Aloga Auction plus, in case applicable, the concerned VAT mentioned in article 8.1.2.
8.1.2 The Value Added Tax (VAT) (if applicable) on the purchase price must be paid by the Buyer to the Seller of the purchased horse.
8.1.3 The costs related to the organisation of the Aloga Auction, equal to 8% (excl. VAT) of the purchase price as mentioned under article 8.1.1, must be paid by the Buyer to the Organiser, as well as the VAT over the amount of the aforementioned cost related to the organisation of the Aloga Auction.
Article 9. Payment
9.1 The Seller and Organiser will provide the Buyer with respective invoices for the amounts due as referred to in articles 8.1.1, 8.1.2 and 8.1.3 of these terms and conditions.
9.2 Payment should be done by wire transfer to the account designated by the Seller and the Organizer. Payment is made in euro unless any other currency is mentioned on the invoice of the Seller and the Organiser. All transaction costs shall be borne by the Buyer.
9.3 In case of late payment a default interest of 10% per year is due automatically and without prior notice starting from the expiry date of the invoice.
9.4 In case of late payment an amount of 10% of the invoice amount with a minimum of EUR 250,00 is also due automatically and without prior notice as compensation for extrajudicial recovery costs.
9.5 Notwithstanding the provisions of articles 9.3 and 9.4 of these terms and conditions, the Seller and/or Organiser may suspend fulfilment of their contractual obligations until payment in full by the Buyer.
Article 10. Ownership
10.1 The purchased horse shall remain property of the Seller and ownership shall only pass to the Buyer after payment of all amounts due under these terms and conditions.
Article 11. Delivery - transport
11.1 After the receipt of the amounts due to the Seller and the Organiser, the obligation of the Seller to deliver the purchased horse to the Buyer shall be transferred to the Organiser of the Aloga Auction. The Buyer and the Organiser will agree the time and manner of the actual delivery of the horse. Unless otherwise agreed in writing between the Organiser and the Buyer, the horse will be picked up by the Buyer at Germany, 46569 Hünxe, Wachtenbrinker Weg 6. The actual delivery of the horse must in any event take place within fourteen (14) days after the Closing. In case of delay, the Organiser is entitled to charge the costs of stabling and maintenance of the purchased horse equal to EUR 80,00 per day to the Buyer.
11.2 All risks and costs – including insurances – related to the transportation of the purchased horse shall be borne by the Buyer.
Article 12. Liability
12.1 The Organiser 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 tried out and, at the location of the Aloga Auction or where the purchased horses can be picked up, except in case of intentional misconduct or gross negligence of the Organiser. Persons who access the sites and buildings of the Aloga Auction and of the location where the Aloga Auction is held, shall do so at their own risk.
12.2 The Organiser shall not be liable for damage caused by the provision of incorrect and/or incomplete information provided with by the Seller, except in case of intentional misconduct or gross negligence of the Organiser.
12.3 In case of liability of the Organiser, the liability shall in any event be limited to the maximum amount covered by the insurance company of the Organiser.
Article 13. Complaints
13.1 Any visible defaults with regard to the condition of the purchased horse will have to be reported to the Organiser immediately upon delivery by the Buyer.
13.2 Any complaints concerning hidden defaults with regard to the condition of the purchased horse will have to be reported to the Organiser within eight (8) days after the date of discovery, this date starting either at the moment of actual discovery of the concerned default or at the moment such default should reasonably have been discovered, whichever date comes first.
Article 14. Personal data
14.1 The Organiser shall process personal data provided by the potential buyer. The processing of personal data is necessary for the performance of these terms and conditions and necessary for the compliance with legal obligation to which the Organiser is subject.
14.2 The Organiser shall process the personal data of the potential buyer in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter referred to as: “GDPR”).
14.3 The Organiser qualifies as the controller of the personal data provided by the potential buyer, as defined in article 4 (7) of the GDPR.
14.4 The Organiser shall implement appropriate technical and organisational measures to ensure and to be able to demonstrate that processing is performed in accordance with the GDPR.
14.5 The Organiser shall not disclose the personal data of the potential buyer to third parties unless disclosure is required by law or required for the execution the agreement under these terms and conditions. The Organiser shall have to disclose the personal data provided by the Buyer to the appointed bailiff who will be in charge of the conditions of sale of the Aloga Auction. The Organiser shall also have to disclose the personal data of the Buyer to the Seller required for the performance of the concluded sales agreement pursuant to article 6 of these terms and conditions.
14.6 The Seller – who will receive the personal data of the Buyer by the Organiser at the Closing – also qualifies as the controller of the personal data as defined in article 4 (7) of the GDPR.
14.7 The Seller shall process the personal data of the Buyer in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter referred to as: “GDPR”).
14.8 The processing by the Seller of personal data of the Buyer by the Seller is necessary for the performance of the sales agreement that shall be concluded between the Seller and the Buyer upon Closing of the Aloga Auction.
14.9 The Seller shall implement appropriate technical and organisational measures to ensure and to be able to demonstrate that processing is performed in accordance with the GDPR.
14.10 The Seller shall not disclose the personal data of the Buyer to third parties unless disclosure is required by law or for the performance of the sales agreement.
15.1 Current terms and conditions are subject to Belgian law, with the exclusion of the provisions of the Vienna Convention on the international sale of goods.
15.2 Any disputes arising from or relating to these terms and conditions shall be exclusively submitted to the competent courts of the province of Antwerp, Antwerp division.