The company under Belgian law I LOVE AUCTION BV with registered office at 2970 Schilde at Catharinadreef 55 (Belgium), registered in the KBO-register under the number BE1007.312.138 organises during its event I LOVE AUCTION a live and online thus ‘hybrid’ auction of various lots of equines. I LOVE AUCTION is selling both its own horses and horses from third parties. Regarding third-party equines, I LOVE AUCTION acts as auction house either intermediary between buyer and seller. I LOVE AUCTION does not become a party in the purchase/sale relationship between buyer and seller.
Participation in this auction implies, for each bidder, buyer and seller, the express and unreserved perusal and acceptance of these auction terms and conditions.
The live auction will be broadcast on the internet via the website. The prospective buyer wishing to bid online must register via the website www.I LOVE AUCTION.auction in the manner prescribed by I LOVE AUCTION on the auction website before he can participate in the auction. This registration constitutes unconditional acceptance of the auction terms and conditions. Furthermore, by participating in an auction the prospective buyer declares to be of age, legal capacity and legal capacity to perform the intended legal acts and declares himself authorised to enter into a purchase agreement regarding the lot in question. I LOVE AUCTION reserves the right to refuse registration and participation in an auction at any time or unilaterally terminate it. At the first request of I LOVE AUCTION, the prospective buyer must provide valid proof of identity, failing which the prospective buyer may not participate in the auction. The prospective buyer is obliged to ensure that all information provided by I LOVE AUCTION at the time of registration is complete, correct and truthful. The prospective buyer guarantees the accuracy and completeness of the information provided. The user name and password used by the prospective buyer for an auction are strictly personal and may not be transferred by a prospective buyer to third parties. If the prospective buyer suspects that someone else knows his or her password, I LOVE AUCTION will be notified immediately in writing. The prospective buyer is liable for and bound by all transactions taking place on an auction and resulting from the use of his/her password and/or username, including in case of misuse.
Each auction participant is aware and expressly agrees that the services available through the website are limited to making it technically possible to follow the auction via the internet and to participate in the auction as a candidate buyer. I LOVE AUCTION has and assumes no responsibility for the organisation and conduct of the auction through its website (for example and without wishing to be exhaustive: the breakdown of the website during the auction or the delay in the operation of the website during the auction). I LOVE AUCTION makes every effort to secure its systems to the maximum extent possible against loss of data and/or against any form of unlawful use and takes appropriate technical and organisational measures to this end. In his dealings with I LOVE AUCTION, the prospective buyer is obliged to adequately secure the computer and / or any other device he / she uses to access the auction website, and as usual to protect against viruses or other illegal programmes or files that may be spread via the Internet.
The private buyer/consumer purchasing online has, by application of Book VI of the Economic Law Code, a 14-day right of withdrawal.
The lots of equines will be sold in the condition they are in at the time of the auction. Each prospective buyer has had the opportunity, prior to making a bid, to subject the lots to any test and/or inspection on which he/she would like the purchase decision to depend.
The bids are made by auction (per 500.00 EUR to 10,000.00 EUR, per 1,000.00 EUR to 20,000.00 EUR, per 2,000.00 EUR to 50,000.00 EUR, per 5,000.00 EUR to 150,000.00 EUR and per 10,000.00 EUR from 150,000.00 EUR)
The entrepreneur
The sale comes about according to Belgian law by auction and allotment to the highest bidder after payment of the settlement amount whether or not to be increased with VAT (if the seller is liable for VAT). The auction is supervised by an auctioneer appointed by I LOVE AUCTION. At the end of the auction a report of allotment is drawn up by a public official.
The provisional allotment is made under the condition precedent of approval by I LOVE AUCTION.
The buyer owes I LOVE AUCTION an auction fee of 10% of the last bid made by the buyer. This auction cost is increased with VAT.
The lots are allocated to the highest bidder at the end of the auction. The settlement will be calculated for the buyer as follows: the allotment price + the applicable VAT + auction cost + VAT, is the settlement amount. By making a bid, the bidder undertakes to pay the settlement amount after allotment.
Payment shall be made in EURO
If the buyer withdraws, for whatever reason, I LOVE AUCTION is entitled to resell the lot. The initial buyer is obliged to pay I LOVE AUCTION the costs associated with this resale, at least the difference in the purchase price not realised during the resale.
The settlement amount is due immediately upon assignment. The risk passes from the seller to the buyer on allocation. Ownership of the lot is transferred upon receipt by I LOVE AUCTION of the payment made by the buyer.
If the buyer cannot be identified, I LOVE AUCTION is also entitled to resell the lot.
I LOVE AUCTION will issue to the buyer a payment form on behalf of the seller and an invoice on behalf of I LOVE AUCTION regarding the auction costs, which are payable on contact and to be paid into I LOVE AUCTION's account prior to the delivery of the lot to the buyer.
If I LOVE AUCTION has not received full payment from the buyer within 5 working days after the auction, the buyer is legally in default and has to pay to I LOVE AUCTION (a) an interest compensation of 1% per month on the total settlement amount due, to be calculated from the day of the auction until the day of full payment and (b) an additional compensation of 10% on the settlement amount.
In case I LOVE AUCTION has not received full payment from the buyer within 5 working days after the auction, I LOVE AUCTION is further entitled to consider the sale as cancelled without formal notice, with the possibility for I LOVE AUCTION to charge fixed damages amounting to 20% on the settlement amount. If I LOVE AUCTION uses this possibility, the buyer will be notified in writing.
Any liability with respect to the lots passes to the buyer immediately after allotment. After auction and payment the buyer and I LOVE AUCTION agree upon the arrangements for delivery. Delivery takes place in Belgium at the address where the auction took place unless otherwise agreed upon in writing between the parties. Eventual transport costs are borne by the buyer. The seller is allowed, as soon as delivery is possible, to charge the buyer for stable fees and usual costs of maintenance and care as from 30 days after the end of the auction.
Delivery is made against signature of a document of ‘acceptance by the buyer’.
I LOVE AUCTION settles in last resort all disputes that may arise during the auction transactions.
The buyer cannot derive any rights from the fact that I LOVE AUCTION has selected the lots.
The information regarding the lots offered for sale is only intended to give an impression of the qualities of the lots, without pretending to be complete and without giving any guarantees. I LOVE AUCTION is not responsible for possible printing errors and/or material mistakes in the catalogue or incorrect information on its website.
I LOVE AUCTION is not liable for visible and/or hidden defects. The liability of I LOVE AUCTION is limited to the settlement amount paid by the buyer and the amounts covered by its insurer.
In case of export the buyer shall produce a valid export document within 3 months after the auction under penalty of I LOVE AUCTION.
I LOVE AUCTION reserves the right to amend these auction terms and conditions without prior notice. Should one or more of the provisions mentioned in the auction conditions not be or become legally valid, the remaining provisions remain legally valid. In that case, a new provision shall take the place of the said invalid provision, which shall correspond to the said old invalid provision as much as possible as regards content, scope and purpose.
In the event of a dispute, only the Dutch text shall apply. The possible translation of these auction conditions in a language other than Dutch is purely informative.
I LOVE AUCTION will make every effort to amicably settle any dispute that may arise during or about the auction.
Any dispute arising from this auction and its consequences shall be governed exclusively by Belgian law to the exclusion of the provisions of the Vienna Convention on Contracts for the International Sale of Goods. The Antwerp Commercial Court and the Antwerp Court of First Instance, Antwerp section are exclusively competent to take cognisance of any disputes if it appears that no amicable solution was reached.
If the buyer has not collected the horse within 10 days after the purchase, a stabling fee of € 20 per extra day excl VAT will be charged to the new owner.
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