General Conditions of Sale for buyer(s)

1.General 

1.1. Definitions

In these General Terms and Conditions, the terms set out below have the following meaning:

Delivery Contract: the delivery contract completed and signed by the Buyer and the Seller, which includes the

Buyer has taken delivery of the horse;

Auction Sum: a sum tendered by a Bidder at Auction for a horse;

General Terms and Conditions: shall mean these General Terms and Conditions for auctions Online Auctions or

Physical

Bidder: a person registered as prescribed by Stride Horse Auction for the purposes of taking part in an Auction. 

Consumer: a natural person not acting for purposes related to carrying out commercial, business, trade or

professional activities;

Participant: a participant in the Auction, in the capacity of Bidder, Buyer or Seller;

Successful bid / knocked down: a unequivocal statement by Stride Horse Auction to the Buyer that a bid has been

accepted as the highest bid and that the horse for which the Buyer has made a bid has been designated to the

Buyer.

Registration: the Seller’s registration with Stride Horse Auction , enabling Stride Horse Auction  to offer a horse for sale

by Auction on behalf of the Seller;

Purchase Agreement: an Agreement between a Seller and a Buyer, concluded as a consequence of successful

auction.

Purchase Price: the amount due by the Buyer for the horse offered for sale by Auction, consisting of the

Auction Sum, Markup / Commission, subject to applicable VAT if so applicable

Buyer: the Bidder who has a successful bid at auction;

Stride Horse Auction: facilitates the Auction; Stride Horse Auction is a trade name of Stride Horse Auction Limited

Personal data: the personal data to be provided to Stride Horse Auction upon registration in order to participate in an Online Auction.

Markup / Commission: the amount by which the Auction Sum is increased, which is 7% of the Auction Sum;

Re-purchase: if the Buyer of an Auction lot is also the Seller;

Auction: the online auction offered and facilitated by Stride Horse Auction via the Auction Website (“Online

Auction”);

Auction Service: acting as an intermediary in the conclusion of a Purchase Agreement by facilitating an

Auction;

Auction website: the auction website used by Stride Horse Auction to offer its Auction Service;

 

Purchase Agreement Statement: the purchase agreement statement sent or issued by Stride Horse Auction (on

behalf of the Seller) to the Bidder/Buyer and to be completed and signed by the Bidder/Buyer;

Sale: takes place if the Buyer is not the same party as the Seller;

Seller: the natural person or legal entity that has instructed Stride Horse Auction to sell horses by means of an

Auction in the name and on behalf of the Seller.

 

 

1.2.    Applicability of the General Terms and Conditions

These General Terms and Conditions apply to the legal relationships between Stride Horse Auction and the

Participant. The Participant is deemed to have accepted the applicability of these General Terms and

Conditions. The applicability of other general terms and conditions is excluded.

These General Terms and Conditions shall be deemed to have been prepared for the benefit of all parties who

are subject to them.

1.3.    Auction

Stride Horse Auction facilitates the Auction on behalf of the Seller, they are not a party to Purchase Agreement

concluded or to be concluded.

Stride Horse Auction determines the dates and times when the Auction takes place.

An Online Auction closes at a date and time indicated in advance. The duration of the Online Auction is

indicated on the Auction Website. If a bid is made within the last five minutes before the indicated closing

time, the closing time will be extended by five minutes (each time). Definitive closure takes place five minutes

after the last bid.

Stride Horse Auction determines the running order and sequence of the Auction. Stride Horse Auction  may reserves

the right to refuse access to or the Registration for the Auction to anyone or make such registration the

subject to further conditions without stating its reasons.

The horses offered for sale at the Auction are auctioned/sold “as is”, with no rebate, in the condition in which

they are on eventual sale or delivery and without any liability whatsoever on the part of Stride Horse Auction  as

regards to; the value, condition or quality of the horses.

 

A Purchase Agreement is concluded between the Buyer and the Seller as a consequence of the sale. In respect

of Online Auctions, Stride Horse Auction will send a written Purchase Agreement to the Buyer, and the Buyer must

return same to Stride Horse Auction fully completed and signed, within seven calendar days of dispatch.

Horses offered for Auction will be sold to the highest bidder, starting with a minimum bid announced at the

Auction; Stride Horse Auction may change how the Auction takes place any time during the Auction. Stride Horse Auction  may decide to reject a bid if, in the opinion of Stride Horse Auction, there are reasonable grounds do to

do. 

 

 

 

1.4.    Delivery

Collection/delivery can only take place after the full Purchase Price and any additional amounts due have been

paid to Stride Horse Auction by the Buyer. Until Stride Horse Auction has received payment in full including any

payment due under other purchase agreements, the Seller remains the horse’s legal owner.

A Buyer must collect the horse from Seller within 10 days after the due date of the

payment of the purchase price to include all surcharge / commissions due to Stride Horse Auction.

If the Buyer has not paid the full due amount by the due date or does not pick up the horse within the

prescribed timeframe, the Buyer shall be in default in respect of this obligations under the Purchase

Agreement to the Seller and must, without prejudice to the rights of Stride Horse Auction under the provisions of

2.2.; to reimburse the costs suffered by Seller together with reasonable damages, including stabling costs of

350,00 exclusive of VAT per month. If Buyer after the period of 10 days after the due date proceeds to pay the

purchase price to include the surcharge / commission, such delivery to Buyer shall only take place after the

payment of the sellers additional costs and reasonable damages (if any).

Upon collection/delivery of the bought horse, the Buyer must exercise due care and follow any instructions

given by or on behalf of the Seller in full. The Buyer will be liable for any damage caused during or within the

scope of the collection/delivery of the bought horse and will indemnify Stride Horse Auction  and the Seller against

any third-party claims in this respect.

The Seller and the Buyer must notify Stride Horse Auction in writing within 1 calendar days of the

collection/delivery of the horse.

1.5     Transfer of ownership 

The ownership of the bought horse is transferred to the Buyer (provided that all the conditions for a legally

valid sale have been met) at the time of delivery/collection as specified at 1.4 of these General Terms and

Conditions, but always subject to the Buyer having paid the full purchase price together with any other

amounts due by the Buyer to Stride Horse Auction, including any costs based on a breach of the Purchase

Agreement.

 

1.6.    Information 

Stride Horse Auction prepares a catalogue with due care and attention. The information provided in the catalogue

intends to give a fair impression of the quality of the horses offered for sale, however Stride Horse Auction  cannot

provide complete information, and Stride Horse Auction  shall have no liability in respect of any misinformation or

omission as alleged in respect of the catalogue .

The horse offered for sale by auction may be accompanied by a clinical veterinary certificate however this is not a condition of sale. The

date when such examination has taken place will be disclosed on request, but it shall be accepted that such

examinations may take place within an what is an acceptable period prior to the date of such online auction.

 

The veterinary reports may be requested from Stride Horse Auction .

1.7     VAT (if applicable)

Any changes regarding the current VAT rate may lead to a corresponding adjustment to the VAT percentages

to be applied.

The applicability of VAT shall be clarified prior to any auction.

If, in respect of the transfer of auctioned horses to another EU Member State, the VAT zero rate is applied at

the Buyer’s request, the Bidder/Buyer undertakes to meet all the relevant conditions in order to complete a

legally valid intra-Community transaction.

If it turns out for whatever reason, beforehand or afterwards, that application of the VAT zero rate is not

possible, the Buyer must pay the amount that would have been due if the delivery had concerned a delivery of

the relevant horses within Ireland. The Buyer must, however, pay the aforementioned amount to Stride Horse Auction forthwith at the request of Stride Horse Auction . In that case, repayment of said amount will take place

only if and when the Buyer has met the conditions in 1.7.3 to the satisfaction of Stride Horse Auction . The Buyer is

liable and indemnifies  Stride Horse Auction in any case against any damage arising from noncompliance with the

conditions of 1.7.3. The Buyer is also liable for any legal and other costs incurred by Stride Horse Auction .

1.8.    Exclusion and limitation of the liability of Stride Horse Auction

Stride Horse Auction will not be liable for any damage or loss caused by the provision of inaccurate and/or

incomplete information, irrespective of the nature and extent of that damage and of that information and

irrespective of the origin of that information. If the inaccurate and/or incomplete information originates from

the Seller

Stride Horse Auction will not be liable for any damage or loss occurring before, during and/or after the Auction,

caused by or to individuals and/or objects and/or horses.

 Stride Horse Auction will not be liable for any direct or indirect damage or loss, irrespective of its nature and

scope, as a consequence of a third party’s failure to meet an obligation, including but not limited to the failure

to meet properly any obligation of the Buyer and/or the Seller and/or as a consequence of any action and/or

failure to act on the part of the Participant.

The Participant will be liable for any damage or loss caused by themselves and indemnifies Stride Horse Auction

against any claim by third parties, including but not limited to other Participants, in respect of that damage or

loss, irrespective of its nature or scope.

 Stride Horse Auction cannot guarantee that the Seller will be able to transfer the ownership of an auctioned horse

free and unencumbered to the Buyer, and Stride Horse Auction  will not be liable for any damage or loss

associated with this.

The exclusions from liability of Stride Horse Auction  will not apply in the event of wilful misconduct or gross

negligence on the part of Stride Horse Auction.

 

Any liability of Stride Horse Auction will be limited to a maximum amount of € 10,000 at all times. Any claims for

compensation will expire one year after the day when a Participant or third party has become aware of the

damage or loss and the liability of Stride Horse Auction in this respect.

 

Stride Horse Auction does not take out any insurance for the benefit of the Seller and/or the Buyer of the relevant

horse. As the Buyer and the Seller take part in the Auction entirely at their own risk and expense, Stride Horse Auction recommends that they take out such insurance themselves. 

1.9.    Privacy Statement 

 Stride Horse Auction will use the Personal Data in accordance with the provisions in the Privacy Statement on its

Auction Website. The Participant should always consult the latest changes to the Privacy Statement when

visiting the Auction Website. The Participant agrees that their Personal Data entered on registration or signing

up may be used for inclusion in the prospectus. The Participant grants Stride Horse Auction  permission to use this

Personal Data for the designated purposes.

1.10.   Disputes and applicable law

The legal relationship between Stride Horse Auction and the Participant as well as the legal relationship between

the Seller and the Buyer are governed exclusively by the laws of Ireland, the Vienna Convention on Contracts

for the International Sale of Goods (CISG) shall not apply.

If, during the Auction, a dispute arises about the proceedings during the Auction, Stride Horse Auction will be

authorised to give a binding opinion on the issue and to continue the sale by Auction.

Disputes between parties will be settled by Arbitration, if a suitable Arbitation cannot be agreed it will be for

the President of the Law Society of Ireland to appoint one.

1.11.   Other provisions 

Stride Horse Auction reserves the right to amend these General Terms and Conditions unilaterally. In the event of

any amendments, the new General Terms and Conditions will apply with effect from the next Auction.

If a provision in these General Terms and Conditions is legally ineffective, the legal effectiveness of the other

provisions will remain intact. In that case, the provision will be replaced by a new provision which reflects the

purport of the void/nullified provision as closely as possible.

 

2.       Additional terms and conditions that apply to the Bidder and/or the Buyer

 

2.1.    Bidding 

By taking part in an Auction, a Bidder accepts that they agree unconditionally and without reservation to the

conditions and procedures that Stride Horse Auction  has declared or will declare applicable to the Auction.

A Bidder must follow any instructions and directions regarding the Auction issued by or on behalf of Stride Horse Auction .

 

 Stride Horse Auction reserves the right to refuse or end unilaterally a Bidder’s registration for and participation in

an Auction for reasons of its own any time.

Registration in the manner as prescribed by Stride Horse Auction is required in order to take part as a Bidder in an

Online Auction. In order to participate in the Online Auction, the Bidder must register digitally on the auction

platform of the Auction Website. The Bidder will get a unique personal username and password, which

enables access to the bidding system. The Bidder is responsible for all actions taking place in an Online Auction

which arise from using the Bidder’s username and password. Bidding takes place digitally. The highest bid of

each horse is shown on the Auction Website. The bid stages are: 

€ 250 per bid up to € 10,000

€ 500 per bid up to € 20,000

€ 1,000 per bid up to €50,000

€ 2,000 per bid from above €50,000

If a Bidder makes a bid, this bid applies as an offer to the Seller and a Bidder is bound by such bid that applies

as irrevocable and unconditional. Each Bidder making a bid is deemed to offer on their own behalf and will be

personally bound to Stride Horse Auction  and to the Seller, as applicable in respect of the obligations arising from

their bid to Stride Horse Auction and the Seller. This also applies if the Bidder making the bid acts on behalf of a

third party.

The Bidder with the one but highest bid must honour their bid for 14 calendar days after closure of the

Auction, in case the highest bid is declared invalid or is not honoured.

A Bidder bids at their own risk and expense and must stand by their bid until a higher bid is accepted.

A Bidder cannot claim they have made bidding or typing errors or mistakes when making a bid during an

Auction. 

A Bidder accepts the specific circumstances that may occur during an Online Auction, including technical

imperfections as a result of which a bid cannot be made on time.

2.2.    Payment obligations of the Buyer 

As a consequence of the conclusion of the Purchase Agreement, the Buyer owes a Purchase Price.

The Buyer must pay the Purchase Price in Euro to Stride Horse Auction within 7 calendar days  of the date when the Purchase Agreement is concluded, by means of a transfer to the bank account

number in the name of Stride Horse Auction, without any deduction or offsetting.

If the Purchase Price is not paid in time, the Buyer will be in default and Stride Horse Auction will be entitled to

privately sell the horse immediately, in which case the bid of the original Buyer no longer applies. The Buyer

will never be entitled to surplus proceeds in the case of a private sale but remains obliged to pay any deficit to

Stride Horse Auction.  Stride Horse Auction will then be authorised, without notice of default, to consider the

Purchase Agreement terminated on behalf of the Seller and without the Seller’s permission, without the Buyer

being entitled to any kind of compensation. The Buyer will also owe an administrative fee to Stride Horse Auction

of 7% of the Auction Sum, and the Bidder/Buyer will be due to pay to Stride Horse Auction all legal and other costs involved in the collection of the claim of Stride Horse Auction against the Buyer.

 

If the Seller or the Buyer cancels the Purchase Agreement or affects it in any other way, the Buyer will still owe

the Markup to Stride Horse Auction , without prejudice to any other right of Stride Horse Auction  in that case. The

above does not apply if a Consumer/Buyer exercises their right of withdrawal in respect of an Online Auction,

as provided for in 2.3 of these General Terms and Conditions.

2.3.    Right of withdrawal of a Consumer/Buyer in respect of an Online Auction

In the case of an Online Auction where the Buyer is a Consumer and the Seller is a non-Consumer, the

provisions in this article also apply. The provisions in this article do not apply in the event of a sale by a

Consumer/Seller to a Consumer/Buyer.

2.  In the event of a sale between a non-Consumer/Seller and a Consumer/Buyer, the Consumer/Buyer may

terminate a Purchase Agreement relating to the purchase of a horse via an Online Auction during a cooling-

period of a maximum of 14 calendar days without giving any reason, on the basis of the statutory right to

withdraw provided for in Consumer Protection legislation. The cooling-off period as referred to in this article

commences on the day after the Buyer, or a third party designated by the Buyer in advance, not being the

transport operator, has received the bought horse.

3.  If the Buyer decides to exercise their statutory right of withdrawal, the Buyer shall report this

unambiguously to the Seller and Stride Horse Auction in writing within the cooling-off period. This must be done

as quickly as possible, but within 14 calendar days from the day following the notification as referred to in this

article, the Buyer must make the horse available again or hand over the horse to the Seller. This is not required

if the Seller has offered to collect the horse. The Buyer has respected the 14-day-term in any case if they

transport the horse back before the end of the cooling-off period.

4.  The Buyer returns the horse back to the Seller with - where applicable - all supplied accessories and in

accordance with the reasonable and clear instructions provided by the Seller.

5.  The risk and burden of proof with respect to exercising the right of withdrawal properly and timely lies with

the Buyer.

6.  The costs involved in the return of the horse, including transport, are payable by the Buyer.

7.  During the cooling-off period and when sending the horse back, the Buyer will handle the horse with care

and in accordance with the Seller’s instructions, where provided.

8.  If the Buyer exercises their statutory right of withdrawal, any additional agreements will be cancelled by

operation of law. In the event of withdrawal, the commission remains due by the Seller to Stride Horse Auction.

9.  The Seller shall pay the Purchase Price (including any costs charged by the Seller to the Buyer for transport

of the Horse for delivery to the Buyers premises) within 14 calendar days following the day on which the

Buyer notifies the withdrawal, provided that the Seller has received the Horse within these 14 calendar days.

Therefore, unless the Seller offers to collect the Horse itself, the Seller may wait to reimburse until it has

received the Horse, even if this exceeds the 14-day period mentioned in this article.

10. As regards the refund, the Seller will use the same payment method as that used by the Buyer, unless the

Buyer agrees to a different method. The refund will be made at no charge to the Buyer.

11. If the Buyer has chosen a more expensive method of transport for the horse, the Seller will not be obliged

to refund the additional costs for the more expensive method.

12. The Buyer will be liable towards the Seller for any reduction in value of the horse, occurring in the period

between delivery to the Buyer and return to the Seller.

 

 

 

3.       Additional terms and conditions that apply to the Seller

3.1     General

3.2     Guarantees and indemnifications

7. Lots which are considered returnable;

7.1 Any Lot which: a) is a wind-sucker, (i.e. frequently swallows air whether in association with grasping fixed

objects with incisor teeth or not; a crib-biter is not returnable unless the crib-biting is associated with wind-

sucking, in which case the Lot is returnable as a windsucker);

or b) has been operated on for the correction of wind-sucking as defined above;

or c) is a weaver; (i.e. frequently swings its head and neck to and fro and transfers weight from one forelimb to

the other alternately) or d) is a box walker (i.e. frequently walks either backwards and forwards or round and

round the box repeatedly in an aimless manner) );

Have had any undeclared surgery to improve soundness or stable vices. Not including castration.

Lip flapping, head shaking and crib-biting are NOT returnable vices.

Any lot described as just broken cannot be returned for bad manners/bad habits while ridden.

8. DISPUTES

Any dispute arising out of the sale of any Lot in accordance with these Conditions of Sale shall be a

dispute between the Vendor and the Purchaser and in no circumstances shall Stride Horse Auction be

liable to either party in connection with such dispute.

Where  Stride Horse Auction are brought in as a party to any dispute despite

above, Stride Horse Auction will be entitled to payment of their legal and other expenses on a full

indemnity basis from the party who joins them in.

 

9 Embryos

Embryos will be sold with a certificate of pregnancy within 48 hours of the auction. The risk of loss of

pregnancy will be taken fully by the buyer from the closing of the auction.

A deposit of €2500 plus VAT should be lodged by the buyer in respect of all surrogate mares.

A full refund will be issued by Stride Horse Auction when the surrogate mare is delivered by the buyer to the

sellers address within 8 months of the birth of the embryo. The surrogate must be in good body condition,

have her hoofs in reasonable condition and be accompanied by her original passport. Her passport must not

be stamped “not fit for human consumption” while in the care of the buyer.