Auction Terms & Conditions 

 

1. General

1.1. Definitions

In these General Terms and Conditions, the following definitions apply:

  • AS Trading AUCTION: The entity facilitating the auction; acting solely as an intermediary between Seller and Buyer, not party to the Purchase Agreement.

  • Auction: The online auction organized by AS Trading AUCTION on its platform.

  • Auction Platform: The digital environment used to carry out the online auction.

  • Participant: Any individual or entity participating in the Auction as a Bidder, Buyer, or Seller.

  • Bidder: A registered user who places bids on horses offered in the Auction.

  • Buyer: The Bidder who places the winning bid and is awarded the horse.

  • Seller: The individual or entity offering a horse for sale through AS Trading AUCTION.

  • Purchase Agreement: The agreement between the Buyer and Seller merely serves to formalize the sale, resulting from a successful bid by which the sale was final

  • Auction Price: The winning bid submitted during the Auction.

  • Markup: A 10% surcharge added to the Auction Price, payable by the Buyer.

  • Purchase Price: The total amount payable by the Buyer, consisting of the Auction Price + Markup plus VAT on this total.

  • Assignment: The official notification from AS Trading AUCTION to the Buyer confirming the award of the horse.

1.2. Applicability

These General Terms and Conditions apply to all legal relations between AS Trading AUCTION and any Participant. By registering or participating, the Participant unconditionally accepts the Terms. Any deviation from these Terms requires written approval from AS Trading AUCTION.

1.3. Auction Procedure

  • AS Trading AUCTION determines the Auction dates, the horses presented, and the auction order.

  • The horses are sold "as-is," without warranty by AS Trading AUCTION regarding fitness, performance, or future condition.

  • The Auction closes at the scheduled time unless a bid is made within the last 5 minutes, which extends the Auction by 5 more minutes.

  • AS Trading AUCTION reserves the right to accept, refuse, or remove bids or participants without justification.

1.4. Delivery & Collection

  • Delivery can ba arranged by the buyer only after full payment of the Purchase Price.

  • Ownership transfers upon full payment.

  • Buyers must collect horses within 14 days following the payment due date. After this period, stable fees of €500/month (excl. VAT) may apply.

  • The Seller may only release the horse after written confirmation from AS Trading AUCTION.

  • Damage or injury during collection is the Buyer’s responsibility.

1.5. Payment Terms

  • Buyers must pay the Purchase Price within 7 calendar days of Assignment.

  • Failure to pay on time entitles AS Trading without prior notice of default either to demand performance of the purchase agreement that has arisen or to cancel the Assignment and resell the horse. Any resulting deficit and additional costs remains owed by the Buyer in default, who will also incur administrative fees of 6% of the Auction Price and legal recovery costs (€1,000 minimum).

  • Markup remains due even in case of Buyer withdrawal (subject to Article 1.6).

1.6. Right of Withdrawal (Consumer Buyers)

Applicable only if the Buyer is a natural person acting outside a business context and the Seller is a professional:

  • The Buyer may withdraw from the Purchase Agreement within 14 days of delivery.

  • The Buyer must notify AS Trading AUCTION and the Seller in writing and return the horse within 14 days.

  • All return costs are borne by the Buyer.

  • The Seller must refund the Purchase Price (excl. Markup) within 14 days of receiving the returned horse.

  • The Buyer is liable for any devaluation of the horse during their possession.

  • AS Trading AUCTION remains entitled to the 10% Markup or €1,500 minimum, even in case of withdrawal.

1.7. VAT

  • AS Trading AUCTION is VAT-registered. The applicable VAT regime for each horse is specified on the platform.

  • In case of intra-EU sales, the Buyer is responsible for meeting conditions to apply the 0% VAT rate.

  • If those are not met, the VAT due in the Seller’s country becomes payable immediately.

1.8. Information and Liability

  • Catalogue information is for indicative purposes only. No rights can be derived from catalogue entries.

  • Horses undergo veterinary checks prior to the auction. Reports are available upon request.

  • AS Trading AUCTION disclaims all liability except in cases of gross negligence or willful misconduct.

  • AS Trading AUCTION is not liable for transmission errors, technical failures, or loss arising from misrepresentations by Sellers.

  • Maximum liability is limited to €10,000. All legal claims expire one year after discovery.

1.9. Insurance

AS Trading AUCTION does not insure horses, sellers are advised to arrange their own insurance coverage.

1.10. Disputes and Governing Law

  • All legal relations are governed exclusively by Belgian law.

  • Disputes will be handled by the competent court in Brussels, Belgium.

1.11. Privacy

By registering, Participants agree to AS Trading AUCTION's privacy policy. Personal data may be used for auction purposes and included in auction catalogues.

1.12. Amendments

AS Trading AUCTION reserves the right to amend these Terms at any time. Changes apply from the next Auction onward.


 


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