General Terms and Conditions of ‘Stichting Elite Dressage Pony Sale’ 2020 Online
1 – General
2. Stichting Elite Dressage Pony Sale is an online auction for ponies/horses organised by the
Foundation Stichting Elite Dressage Pony Sale.
3. These Online Auction Conditions of Stichting Elite Dressage Pony Sale (“Auction Conditions”)
govern the legal relationships between Stichting Elite Dressage Pony Sale (“Stichting Elite Dressage
Pony Sale”) having its offices in Zoelen, Municipality of Buren, and participants of the online auction
of horses via the internet organised by Stichting Elite Dressage Pony Sale on www.elitedressageponysales.
nl (“Auction Site”). The person who bids on a pony or ponies during the Auction
(“Bidder”/”Buyer”) is considered to have accepted the applicability of these Auction Conditions. The
applicability of other general terms and conditions is excluded.
4. Stichting Elite Dressage Pony Sale organises and facilitates the Auction and puts up the ponies
for auction commissioned by aseller (“Seller”). Stichting Elite Dressage Pony Sale is not the owner of
ponies that are offered at the Auction unless this is explicitly stated on the Website.
5. The Buyer is the person who places the bid during the Auction that is accepted as the highest bid
by Stichting Elite Dressage Pony Sale as commissioned by the Seller. All clauses in these Auction
Conditions have also been drawn up on behalf of those employed at this time or in the past, for the
purpose of and/or on behalf of Stichting Elite Dressage Pony Sale. They can directly invoke the
provisions of these Auction Conditions as if they were Stichting Elite Dressage Pony Sale themselves.
2 – The Auction
1. The Auction will take place under the supervision of Stichting Elite Dressage Pony Sale. Stichting
Elite Dressage Pony Sale will determine the order and sequence of the Auction. Stichting Elite
Dressage Pony Sale is entitled to refuse anybody access to and/or participation in the Auction
without stating the reasons therefore or to pose (further) conditions for participation in the Auction.
2. To be able to take part in the Auction as Bidder, registration as prescribed by Stichting Elite
Dressage Pony Sale is required as well as unconditional agreement with the conditions and
proceedings that are or have been declared applicable to the Auction by Stichting Elite Dressage
Pony Sale. Stichting Elite Dressage Pony Sale reserves the right to refuse or unilaterally terminate
registration for the Auction and (further) participation of a Bidder in the Auction for reasons of its
own. Prior to participating in the Auction, the Bidder must digitally register on the Auction Site. The
Bidder will receive a strictly personal user name and password that can be used to access the bidding
system. The Bidder is responsible for all actions that take place at the Auction that ensue from the
use of the user name and password of the Bidder. Bids take place digitally/electronically. The highest
bid per pony is indicated on the Auction Site.
3. The Auction closes on the previously indicated date and time. The duration of the Auction is
stated on the Auction Site. If there are any new bids in the final 10 minutes before the indicated
closing time, the closing time will (each time) be extended by 10 minutes. Final closing will take place
ten minutes after the final bid.
4. A Bidder accepts the special circumstances that may occur during an online auction including
technical flaws as a result of which a bid may not be placed in time
5. A Bidder with the second highest bid is obliged to honour his/her bid for a period of fourteen
(14) days after the closing of the online Auction for the eventuality that the highest bid is declared
invalid or is not honoured.
6. The ponies offered on the Auction are auctioned/ sold ‘as is’ without sales campaign or rebate,
in the state they are in when awarded, without liability of Stichting Elite Dressage Pony Sale in
relation to the value, the condition and/or the quality of the ponies put up for auction. The risk of
loss of and/or harm/injury to and/or of damage caused by the auctioned/purchased ponies lies with
the Bidder/Buyer from the time that the the ponie is paid.
7. The Bidder/Buyer bids to his own account and risk and is held to his bid until a higher bid is
accepted.
8. Stichting Elite Dressage Pony Sale cannot guarantee that the Seller can transfer the ownership of
the auctioned pony unencumbered to the Bidder/Buyer and Stichting Elite Dressage Pony Sale is not
liable for any related or ensuing damage.
9. As long as Stichting Elite Dressage Pony Sale has not received full payment from the
Bidder/Buyer, also in relation to any other Purchase Agreement(s), the Seller remains the owner of
the pony. Until that time Stichting Elite Dressage Pony Sale will have a retention right on the pony.
Only after written consent of Stichting Elite Dressage Pony Sale, the Seller will be authorized to
deliver the sold pony to Buyer.
10. Participation in the Auction implies that the Buyer explicitly and without any reservation agrees
to these Auction Conditions and with the obligation to pay the auction costs of 10% of the Sale
Price.
3 – Information
1. Stichting Elite Dressage Pony Sale will draw up the Auction Site with the utmost care. The
information on the Auction Site aims at giving an impression of the quality of the ponies offered at
the Auction, without Stichting Elite Dressage Pony Sale vouching for the completeness thereof and
without any rights that may be derived therefrom.
2. The ponies offered at the Auction have been veterinary clinically examined. The clinical
inspections took place within a period of three months prior to the Auction. Any X-rays that may
have been taken and the clinical report can be requested prior to the Auction.
3. The content of the stated veterinary reports is binding on Stichting Elite Dressage Pony Sale, on
the Seller and on the Bidder/Buyer.
4. Prior to the Auction, the ponies offered at the Auction can be viewed on a location and time to
be indicated by Stichting Elite Dressage Pony Sale.
4 – Sale Amount, Buyer’s Premium, Purchase Price, Payment Obligation Buyer
1. Within three (3) days after the time of the accepted bid, the Buyer must pay the Purchase Price
in Euro to Stichting Elite Dressage Pony Sale by transfer to the bank account number in the name of
Stichting Elite Dressage Pony Sale, without any discount or set-off. The Purchase Price will be
calculated as follows: the Sale Amount is increased by an amount equal to 10% of the Sale Amount
(“Buyer’s Premium”).
2. When failing to pay the Purchase Price in time, the Bidder/Buyer will be in default and Stichting
Elite Dressage Pony Sale will have the right to immediately sell the pony privately, whereby the bid of
the original Bidder/Buyer will no longer be valid. The Bidder/Buyer will never be entitled to surplus
proceeds in a private sale and will be held to reimburse Stichting Elite Dressage Pony Sale for any
reduced amount of proceeds. Stichting Elite Dressage Pony Sale will then also be authorized without
any notice of default and on behalf of the Seller and without the consent of the Seller to consider the
Purchase Agreement as terminated without any entitlement of the Bidder/Buyer to any
compensation (for damages). In the event of default of the Buyer/Bidder, Stichting Elite Dressage
Pony Sale will have a right of retention on the pony, the Bidder/Buyer will be due administration
costs to Stichting Elite Dressage Pony Sale to the amount of 6% of the Sale Amount and the
Bidder/Buyer will be due all in or out of court costs related to collection of Stichting Elite Dressage
Pony Sale’s claim against the Bidder/Buyer, with a minimum amount of €1,000 due to Stichting Elite
Dressage Pony Sale. The Buyer will not be entitled to set-off or settlement.
5 – Delivery, Transfer of Ownership and Pick up
1. After the Auction and the receipt of the Purchase Price by Stichting Elite Dressage Pony Sale, the
Buyer, the Seller and Stichting Elite Dressage Pony Sale will agree the time and manner of the actual
delivery of the pony. Unless agreed otherwise between Stichting Elite Dressage Pony Sale, the Seller
and the Buyer, the pony will be picked up by the Buyer on the location of the owner. In each case,
the actual delivery of the pony must take place within seven (7) days after the Buyer has paid all that
he/she is due to Stichting Elite Dressage Pony Sale on the grounds of the agreement(s) entered into
within the framework of the Auction. After these seven (7) days, the Seller of the pony will be
entitled to charge any boarding and care costs to the Buyer.
2. From the moment of payment, the pony will be to the account and risk of the Buyer, also
concerning the developments of the pony.
3. The Buyer will at all times have received enough information about the pony on which the
Buyer has placed a bid.
6 – Exclusion and limitation of liability of Stichting Elite Dressage Pony Sale
1. Stichting Elite Dressage Pony Sale is not liable for damage caused by provision of incorrect
and/or incomplete information, irrespective of the nature and scope of that damage and irrespective
of the origin of that information.
2. Stichting Elite Dressage Pony Sale is not liable for damage arisen prior to, during and/or after
the Auction caused by or to persons and/or by or to matters and/or by or to horses.
3. Stichting Elite Dressage Pony Sale is not liable for damage, neither directly nor indirectly and
irrespective of the nature and scope, as a result of a failure to meet an obligation by a third party or
third parties.
4. Stichting Elite Dressage Pony Sale is not liable for any failure in the performance of any
obligation that is the result of strikes, shortages, riots, civil commotion, fire, flood, sworn, explosions,
natural disasters, war, epidemics and/or pandemics, government interventions, labour conditions,
earthquakes, shortage of materials or any other circumstance outside the reasonable influence of
Stichting Elite Dressage Pony Sale.
5. The Bidder/Buyer is liable for all damage caused by himself and hereby indemnifies Stichting
Elite Dressage Pony Sale against any claim by a third party or third parties, including but not limited
to, the Seller and/or other Bidders/Buyers, in relation to such damage, irrespective of the nature and
scope thereof.
6. Exclusions of liability by Stichting Elite Dressage Pony Sale are not valid in the event of intent or
gross negligence that can be attributed to Stichting Elite Dressage Pony Sale.
7. Any liability of Stichting Elite Dressage Pony Sale will at all times be limited to an amount of
maximally €500. A claim for compensation of damages lapses in any case two (2) months after the
damage has become known to the Buyer that directly or indirectly ensues from an event or
circumstance for which Stichting Elite Dressage Pony Sale liable is or could be liable.
7 – Taxes
1. Stichting Elite Dressage Pony Sale is a ‘stichting’ (foundation) under Dutch law and therefore not
liable to pay VAT. An auction without a profit motive.
8 – Disputes and applicable law
1. The Auction cannot be held liable for any dispute between the Buyer and Seller.
2. These Auctions Conditions have been drawn up in the Dutch and English language. In the event
of a difference in respect of this translation into English of the Auction Conditions and the Dutch
version thereof, the Dutch version will prevail.
9 – Seize/ Height ponies
1. All ponies were measured as accurately as possible by the organisation. All heights presented
are approximate measurements. In case of doubt of the height, you can measure the pony yourself
before the Auction.