STEPHEX STABLES NV, a public limited company with its registered office at 8 Lovegemstraat, 1861 Meise, Belgium, registered in the Crossroads Bank for Enterprises register under number 0477.214.858, organises an embryo auction to be held from 8.12.2020 until 10.12.2020. STEPHEX STABLES NV sells its own embryos through its auction website.
Participation in this auction shall imply the explicit taking note and acceptance of these Auction Terms and Conditions without any reservation. Participation in an auction does not mean to a bidder that a lot is simply sold to the bidder.
The buyer who wishes to bid must register via the website www.stephex.auction in the manner prescribed by STEPHEX STABLES on the auction website before he can participate in the auction. This registration counts as unconditional acceptance of the auction conditions. Furthermore, by participating in an auction, the buyer declares to be authorized to perform legal acts and the buyer declares himself authorized to conclude a purchase agreement with regard to the embryo in question. STEPHEX STABLES reserves the right to refuse or unilaterally terminate registration and participation in an auction at any time. At the first request of STEPHEX STABLES, the buyer must submit a valid identity document, failing which the buyer may not participate in the auction. The buyer is obliged to ensure that all information to be provided by the bidder to STEPHEX STABLES is completed completely, correctly and truthfully upon registration and the buyer guarantees the correctness and completeness of the information provided by him. Should this information change at any time, the purchaser is obliged to immediately notify STEPHEX STABLES of this change (s). The username and password used by the buyer for an auction are strictly personal and may not be transferred by a buyer to third parties. If the buyer suspects that someone else knows his or her password, the bidder must notify STEPHEX STABLES immediately. The buyer is liable for and bound by all transactions that take place at an auction and that result from the use of his / her password and / or username, also in case of misuse if the buyer has handled his / her username and password with negligence.
The buyer 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 participate in the auction as a bidder. STEPHEX STABLES NV has and does not take any responsibility for the organization and course of the auction via its website (for example and without intending to be exhaustive: the failure of the website during the auction or the delay in the operation of the website during the auction ). STEPHEX STALBLES makes every effort to protect its systems against loss of data and / or against any form of unlawful use and takes appropriate technical and organizational measures to this end. In dealing with STEPHEX STABLES, the buyer is obliged to adequately secure the computer and / or any other device that he / she uses to access the auction website, and as usual to protect against viruses or other illegal programs or files that may spread over the internet.
The embryos shall be auctioned in the state they are in at the time of the auction. Each carrier mare (which is no longer sold) will be accompanied by a recent pregnancy certificate.
The sale shall be made in accordance with the laws of Belgium by means of auctioning and knocking down to the highest bidder after payment of the settlement amount, whether or not to be increased by VAT. The auction shall be supervised by an Auctioneer to be designated by STEPHEX STABLES NV, who shall draw up an official report of the knocking down.
The bids are made by auction (per 1,000.00 EUR to 20,000.00 EUR, per 2,000.00 EUR up to 30,000.00 EUR, per 3,000.00 EUR up to 50,000.00 EUR and per 5,000.00 EUR from 50,000.00 EUR)
The bids and payments shall be made in EUROS.
The embryos shall be knocked down to the highest bidder at the end of the auction. With regard to the Purchaser, the settlement price shall be calculated as follows: the knocking down price plus any applicable VAT. By making a bid, the bidder undertakes to pay the settlement amount after the knocking down.
The buyer pays an additional deposit of 1,500.00 EUR + VAT to STEPHEX STABLES NV for the carrier mare, which is returned to STEPHEX STABLES NV no later than 150 days after the birth of the embryo, in best health. The buyer is obliged to insure the carrier mare from the day of delivery until the day on which he has returned the carrier mare to STEPHEX STABLES NV. The deposit will then be refunded to the Buyer after the carrier mare has been returned.
If the Buyer withdraws, for whatever reason, STEPHEX STABLES NV is entitled to re-auction the embryo. The private buyer / consumer has a right of withdrawal of 14 days. The initial buyer is obliged to pay STEPHEX STABLES NV of the costs associated with this re-auction, at least of the difference in the purchase price that was not realized during the resale.
If the buyer cannot be identified, STEPHEX STABLES NV is entitled to resell the embryo.
The provisional knocking down shall be made under the condition precedent of approval by STEPHEX STABLES NV. Immediately after the knocking down of the embryos concerned, the Auctioneer shall request STEPHEX STABLES NV to confirm its eventual approval in order to obtain the final knocking down of the embryos.
The settlement amount shall be due immediately upon the knocking down. The ownership of the embryos shall be transferred at the moment of receipt of payment by the Purchaser by STEPHEX STABLES NV.
STEPHEX STABLES NV shall issue an invoice to the Purchaser, which invoice shall be payable cash and must be settled on the account of STEPHEX STABLES NV prior to the delivery of the embryo (with carrier mare) to the Purchaser.
If STEPHEX STABLES NV has not received full payment from the Purchaser within 5 working days from the auction, the Purchaser shall be legally in default and obliged to make, in addition to the other amounts owed to and in favour of STEPHEX STABLES NV, (a) an interest payment 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) to pay additional damages amounting to 10% of the settlement amount.
If STEPHEX STABLES NV has not received full payment from the Purchaser within 5 working days from the auction, STEPHEX STABLES NV shall also be entitled to consider the purchase terminated without notice of default, with the possibility for STEPHEX STABLES NV to charge fixed damages of 20% on the settlement amount.
Any liability with regard to the auctioned lots shall pass to the Purchaser immediately after they have been knocked down. After the auction and payment, the Purchaser and STEPHEX STABLES shall come to an arrangement for the delivery of the lots in mutual consultation. The delivery shall take place in Belgium at the address of the registered office of STEPHEX STABLES NV unless agreed otherwise in writing between the parties hereto. Any transport costs shall be borne by the Purchaser.
STEPHEX STABLES NV draws the attention of the purchaser to the fact that the purchaser has the option of taking out insurance with Catherine De Buyl Insurance immediately after purchase.
STEPHEX STABLES NV shall ultimately settle any and all such disputes as may arise during the auction transactions with regard to the sale.
The Purchaser cannot derive any right from the fact that STEPHEX STABLES selected the embryos.
The information regarding the embryos offered for sale is only intended to give an impression of the qualities of the lots, without pretending to be complete and without giving guarantees. STEPHEX STABLES NV shall not be liable for any printing errors and/or material errors in the auction catalogue or on its website and in its online catalogue.
STEPHEX STABLES NV shall not be liable for any visible and/or hidden defects. In any case, the liability of STEPHEX STABLES NV shall be limited to the maximum amount paid by the Purchaser and to the amounts covered by its insurer.
In the event of export, the Purchaser shall submit a valid export document within 3 months from the auction; otherwise the VAT due shall still be charged by STEPHEX STABLES NV to the Purchaser
STEPHEX STABLES NV reserves the right to modify these Auction Terms and Conditions without prior notice. Should one or more of the provisions stated in the Auction Terms and Conditions not be legally valid or become legally invalid, the remaining provisions shall continue to be legally valid. In that case, a new provision shall replace the aforementioned provision that is not legally valid, which will correspond as much as possible to the old provision that is not legally valid with regard to content, scope and purpose.
In the event of a dispute, only the Dutch text shall apply. The translation of these Auction Terms and Conditions into a language other than Dutch shall be merely for information purposes.
STEPHEX STABLES NV shall ultimately settle all such disputes as may arise during the auction transactions with regard to the sale.
Any dispute arising from this auction and its consequences shall be governed exclusively by the laws of Belgium to the exclusion of the provisions of the Vienna Convention on Contracts for the International Sale of Goods. The Brussels Dutch-speaking Enterprise Court and the Brussels Dutch-speaking Court of First Instance shall have exclusive jurisdiction in any disputes.