These terms and conditions of sale/purchase are deemed to be known and accepted by both sellers and buyers. Ruislé Quality Trot Sale is not liable for malfunctions or even the inability to display information on screens or access the websites of Ruislé Quality Trot Sale due to the user’s internet provider, network congestion, unsuitable equipment, or other circumstances beyond the control of Ruislé Quality Trot Sale.
Likewise, Ruislé Quality Trot Sale is not liable for telecommunications failures or the inability to access the website https://ruislequalitytrotsale.com due to maintenance or updates.
1. General
1.1
VZW Ruislé Peirdekoers (“Auction House”), company number BE0825.536.115, organizes hybrid auctions of horses, where bidding can occur both live at the event and online via the website. These auction terms and conditions (“Terms”) apply to all buyers and sellers participating in auctions organized by the Auction House.
1.2
In these Terms, “Seller” refers to the owner or an authorized representative offering a horse for sale. “Buyer” is the person purchasing a horse, either for themselves or on behalf of a third party.
1.3
Except as otherwise governed by applicable law, these Terms regulate the relationship between the Auction House, the Buyer, and the Seller.
2. Relationship Between the Parties
2.1
The Auction House acts as an intermediary in the transaction between Seller and Buyer. The contractual relationship exists exclusively between Buyer and Seller.
2.2
The Auction House is not responsible for information provided by the Buyer or Seller, including but not limited to personal data or horse-related information.
2.3
Completion of the transaction, including payment and delivery, is the sole responsibility of the Buyer and Seller in accordance with these Terms.
2.4
Complaints about the transaction must be directed by the Buyer to the Seller.
2.5
Disputes arising from the sale are to be resolved exclusively between Buyer and Seller.
2.6
The Auction House is not liable for injuries or health issues in horses during the auction, even if caused by other horses.
2.7
The Auction House disclaims all responsibility for defects in horses present at the auction venue.
2.8
The Auction House is not liable for any loss due to cancellation or interruption of the auction.
3. Responsibilities of the Seller
3.1
Horses must be registered by the deadline set by the Auction House.
3.2
The Auction House reserves the right to make a selection from the registered horses.
3.3
A registration fee and a sales commission apply as published by the Auction House. The seller chooses: €750 + 6% commission. In this case 6% (excl. VAT) commission on the sale price is applicable to be paid to the Auction House, plus €750 (excl. VAT) registration fee.
The seller chooses: €1.500 without commission. In this case 0% commission on the sale price is applicable to be paid to the Auction House, plus €1.500 (excl. VAT) registration fee.
3.4
Late withdrawal may incur cancellation fees. Late withdrawal is defined in the withdrawal of a horse when confirmation of participation is made and made public. Fee for late withdrawal is 2.000 Euro (excl. VAT).
3.5
In case of illness, the cancellation fee is waived upon submission of an acceptable veterinary certificate. Registration fees remain non-refundable.
3.6
Registration fees are only refunded in the event of the horse’s death.
3.7
Late payment of the registration fee may result in exclusion.
3.8
The seller is responsible for the accuracy of all information provided.
3.9
Ownership transfer documents must be submitted two weeks before the auction.
3.10
Veterinary documents must be provided both physically and digitally. Veterinary documents should include RX images 4x fetlocks LM, 2 x Carpi LM, 4 x Hocks LM / PLDMO and 2 x stifles LM.
The Auction House will organise a veterinary and photography day where veterinary checks are possible. More information is provided with registration.
3.11
The Auction House may refuse horses in poor health or condition.
3.12
Horses may only be released to the Buyer upon presentation of a valid release certificate. This certificate will be provided to buyer and/or seller and needs to be signed by both parties.
3.13
The Auction House does not check the identity or creditworthiness of bidders.
3.14
Complaints against the Auction House must be submitted on the day of the auction. Complaints should be addressed to the notary present during the day of the auction.
3.15
The Auction House retains control over the presentation of the horses.
3.16
Sellers will be paid no later than 35 days after the sale, provided full payment has been received from the Buyer.
3.17
Sellers may repurchase the horse by paying a repurchase fee. In case following conditions are applicable, unless otherwise agreed upon. In case seller opted for registration at € 750 (excl. VAT) he/she will pay 6% of the sale price to repurchase of his/her horse. In case seller opted for registration at € 1.500 (excl. VAT) he/she has a repurchase cost of 0%.
3.18 The seller of an offered horse may indicate that they are willing to allow a 10% commission to a recognized public trainer or agent.
The 10% commission for the recognized public trainer or agent will be paid by the auction organization to the respective trainer/agent and will be charged to the seller.
4. Relationship Between Buyer and Seller
4.1
The seller is solely responsible for the description of the horse.
4.2
Buyers must submit complaints directly to the seller.
4.3
Buyers may file claims for hidden defects that affect the usability as a trotter within 30 days.
4.4
Claims regarding anabolic steroids must be submitted within 60 days if a sample was taken on the day of the auction.
4.5
In the event of return, transportation and additional costs are borne by the Buyer.
4.6
The Auction House may refund payments to the Buyer in case of unresolved disputes.
4.7
Sellers retain ownership rights until full payment is received.
4.8
Disputes between Buyer and Seller must be resolved between them.
5. Condition of the Horses
5.1
Horses are sold “as is.” The Buyer must inspect them independently.
5.2
Inspections may be limited due to external circumstances.
5.3
A veterinary certificate and X-rays not older than 2 months must be submitted in both original and copy. Also in reference 3.10.
5.4
Veterinary certificates are advisory and do not replace the Buyer’s inspection duty.
5.5
Final updates may be communicated via the auctioneer, a board, or online.
5.6
Horses must be vaccinated against equine influenza (A2) and tetanus, as noted in the passport.
5.7
On-site veterinary inspections are possible.
5.8
The Auction House is not liable for printing or technical errors.
6. Auction Procedure
6.1
Auction dates and times are set by the Auction House.
6.2
Bids are in euros (EUR) with a set minimum bid.
6.3
The auction proceeds in catalog order.
6.4
Bid increments are determined by the Auction House. All horses start at a minimum of € 1.000.
Bid increments from € 1.000 to € 5.000 is by €250
Bid increments from € 5.000 to € 10.000 is by €500
Bid increments starting from € 10.000 is by € 1.000
6.5
Buyers must register online if they want to make an online bid. Online registration is free. For on-site bidding pre-registration is not necessary.
6.6
Winning bids are binding unless disputed or declared invalid. In case of invalid winning bid, the second but last bidder is held to his/her bid made.
6.7
In case of technical errors or disputes, the Auction House may reoffer the horse.
6.8
The auction may be rescheduled or canceled due to force majeure.
6.9
Auction fees apply to the Buyer: Buyer pays the auction amount +6% commission (plus applicable VAT).
7. Payment
7.1
Buyer pays the Auction House, which then pays the Seller. Payment = sale price + (if applicable) VAT + 6% commission + (if applicable) VAT on the commission.
7.2
Payment must be made via bank transfer.
7.3
Late payments incur damages and default interest.
7.4
In case of non-payment, the Auction House may cancel the sale or take collection measures.
7.5
Commission remains due, even in case of non-payment.
8. Delivery
8.1
Responsibility transfers to the Buyer upon sale. Buyer can agree with seller on transportation and/or responsibilities. Referring to 3.12 both parties have to agree in signing on transportation.
8.2
Delivery occurs after the auction upon presentation of the release certificate, referring 3.12.
8.3
Sedatives may be administered if necessary.
9. Foreign Buyers
9.1
Export entails additional costs. VAT may be refunded upon timely submission of export documents. Responsibility for arrangements are with the buyer.
Applicable Law
These Terms are governed by Belgian law. All disputes fall under the exclusive jurisdiction of the courts in Belgium.