Online Auction Conditions
1. The Stal Brouwer Auctions online auction is organized by Stal Brouwer Auctions B.V. Registered with the Chamber of Commerce under number: 75376725 and located in Gieten.
Achter Het Hout 17
9461 TH Gieten
2. Stal Brouwer Auctions acts as an auction service. Stal Brouwer Auctions is also the seller of horses.
Registration and participation
3. Prior to participating in the online auction, the buyer must register via the website.
4. Participation in this auction implies that the buyer explicitly and without reservation agrees to these auction terms and conditions and acknowledges that both the auction costs of 12% (to be increased with the applicable 21% VAT) and the amount of 9% VAT on the purchase price are due.
Bids and purchase
5. Bids and payments are made in EURO.
6. When placing a bid, the bidder is deemed to bid for himself and is personally liable for the obligations arising from his bid. If the bidder declares that he is acting on behalf of a third party, he/she shall remain fully liable for the obligations arising from that bid towards Stal Brouwer Auctions in addition to this third party.
7. Prior to an auction, Stal Brouwer Auctions will announce the closing date of the auction. If a bid for a lot is made in the last five minutes before this previously announced closing time, the closing time of the auction is (always) extended by five minutes until no new bid is made. The extra time will be the new indicative closing time.
8. The purchase is made by making bids and allocating to the highest bidder after receipt of the purchase price (whether or not plus VAT).
9. Dutch law applies to the purchase made under these auction conditions.
10. An auctioneer to be appointed and designated by Stal Brouwer Auctions will supervise the auction. The auctioneer will prepare an official report on the allocation of the bid.
11. The sperm straws are auctioned “as is, where is” or in other words “in the state in which – and how and where – they are” at the time of the auction.
12. The risk with regards to the horses is transferred immediately after the bid has been awarded to the buyer. The purchase price is immediately due and payable at the time the bid is awarded.
13. After the auction and receipt of payment, the buyer and Stal Brouwer Auctions will agree on the delivery of the horses margins. Unless otherwise agreed between Stal Brouwer Auctions and the buyer, the buyer must collect the horses after the auction at the offices of Stal Brouwer Auctions. The horses must in any case be collected within ninety (90) after the auction. After these ninety (90) days, Stal Brouwer Auctions is entitled to charge storage costs to the buyer.
Payment and retention of title
14. Payment of an invoice of Stal Brouwer Auctions shall at all times take place, without suspension or set off, within 14 days of the invoice date by means as stated by Stal Brouwer Auctions and in the same currency as the invoice from Stal Brouwer Auctions, the aforementioned term constitutes a fatal term.
15. All extrajudicial and judicial costs Stal Brouwer Auctions has to make to collect its invoices shall be for the account of the buyer. Extrajudicial costs will be charged to the buyer at a fixed sum of 15% of the amount to be collected with a minimum of EUR 250,00.
16. All extrajudicial and judicial costs Stal Brouwer Auctions has to make to collect its invoices shall be for the account of the buyer. Extrajudicial costs will be charged to the buyer at a fixed sum of 15% of the amount to be collected with a minimum of EUR 250,00.
17. The ownership of the horses shall only be transferred to the buyer if the buyer has paid everything he / she owes Stal Brouwer Auctions on the basis of the horses agreement concluded in this regard.
18. Stal Brouwer Auctions offers the buyer no guarantee with regard to the horses that are auctioned via stalbrouwerauctions.com.
19. Stal Brouwer Auctions shall not be liable except in the event of wilful misconduct or gross negligence of its side.
20. If and insofar Stal Brouwer Auctions is liable for any damage, this liability is limited to the amount paid out in the specific case by its insurance company, plus the excess under this insurance.
21. If and insofar for any reason the insurance company of Stal Brouwer Auctions declines to pay the claim, the liability of Stal Brouwer Auctions is limited to a maximum amount of € 2.500,00.
Claim for damages
22. A claim for damages expires in any case 12 months after the buyer becomes aware of the damage, which directly or indirectly results from a directly or indirectly resulted from an event or circumstance for which Stal Brouwer Auctions is or may be liable.
23. For the purpose of the agreement, Stal Brouwer Auctions is free to make use of services of third parties, as it considers necessary for the operation of the agreement.
24. Third parties cannot derive any rights from the work performed by Stal Brouwer Auctions in connection with the agreement.
25. The buyer shall indemnify Stal Brouwer Auctions against third-party claims.
26. Stal Brouwer Auctions has the right, in its discretion, to suspend the fulfilment of its obligations under the agreement or to terminate the agreement either partially or entirely without judicial intervention by notifying the buyer in writing and without the obligation of Stal Brouwer Auctions to pay any compensation, unless this would be in the given circumstances to the criteria of reasonableness and fairness be unacceptable.
27. Force majeure means in accordance to article 75 of book 6 of the Dutch Civil Code every shortcoming that cannot be attributed to Stal Brouwer Auctions, as it is not due to the fault of Stal Brouwer Auctions and is not attributable to Stal Brouwer Auctions under any law or generally accepted principles.
28. For the establishment and the performance of the agreement, Stal Brouwer Auctions requires the buyer to provide personal data. The personal data of the buyer shall be processed by Stal Brouwer Auctions in accordance with the General Data Protection Regulation.
Applicable law and competent court
29. Dutch law is applicable to all the legal relations between Stal Brouwer Auctions, the bidder and the buyer, including any liability claims.
30. All disputes will be in the first instance exclusively resolved by the competent court in the district of Drenthe.