Sale Conditions

THE TERMS OF USE

THE AUCTION OF POLISH SPORT HORSES  “NOW POLISH HORSES”

 

  1. The general information
  2. The Auction„Now Polish Horses” is organized by The Polish Horse Breeders Association located at Koszykowa street 60/62 m. 16, 00-673 Warsaw, NIP: 525-10-52-043 further called the Organizer.
  3. „Now Polish Horses” auction (further called the Auction) will be organized at the area of the International Poznan Fair during the CAVALI(ADA between 30th of November and 2nd of December 2017.
  4. Following subjects can take part in the Auction both as The Seller and the Buyer: an individual bearing full legal ability, a legal subject or an organizational unit which is not a legal subject yet possesses legal ability according  the Article 331 of the Civil Code.
  5. The acceptance of the given terms of use is a crucial condition for taking part in the Auction. The Seller or the Buyer who joins the Auction confirms and certifies that he or she is familiar with the terms of use and fully accepts its conclusions.
  6. The Seller can take part in the Auction if he registers at least one horse. The Seller certifies that he or she is the owner of the horse and is authorized to sign the contact of the sale of the horse registered for the Auction which he confirms by registration of the horse foe the Auction.

 

  1. The selling conditions
  2. In order to register the horse for the Auction the Seller has to fill in the registration form on www.terazpolskiekonie.pl. The Seller fills in all necessary data in the form regarding the horse which is the subject of the purchase. The Seller is obliged to give true reliable and complete data of the horse which is the subject of the Sale. Such data especially concerning the properties of the horse cannot be misleading. The Seller bears the full responsibility for the data submitted in the registration form including responsibility for all mistakes.
  3. Only Polish Bred Horses are approved for the Auction i.e. horses registered or authorized to be registered in the Herd Books (such as Polish bred horses or Greater Polish bred horses) in two age groups

– 3 and 4 year old horses presented in so called „free jumps”.

– 4 year and older horses presented and used in jumping, dressage and eventing

  1. The application should include:

– current (done within 6 months before the date of the Auction) results of clinical health check  mentioned in point number 8 (unless the Seller has decided to do the health check of the horse during the qualification)

– a scanned breeding passport (pages including the name, ID number, the data of the owner and valid vaccinations)

– the confirmation of the transfer of the registrationon fee

  1. The deadline for the horse registration for the Auction is on the 16th of October 2017
  2. The horses registered for the Auction should have an identification card (the passport of the horse) and valid vaccination against flue..
  3. The registrations will be verified by the verifying commission appointed by the Organizer. The Organizer has a right to refuse an application without giving a reason. The Seller will be informed about the approval or refusal of the application right after the decision is made. – by the return email sent to the address filled in at the registration. From the moment the application is accepted by the Organizer the Seller is bound with the content of the application.
  4. The Horses registered for the Auction have to be evaluated in term of their exterior and usability properties as well as their prospect for the discipline stated in the application. This will take place during two group qualifications:

– on the 19th of October 2017 in  Łąck stud farm

– on the 25th of October in JKS Przybyszewo – Leszno,

The dates and the locations of these qualifications may change depending on the number of horses submitted and their original residence.

  1. The horses registered for the Auction have to undergo a clinical health check prior to the Auction which includes also RTG check. It can be carried out by a vet representing the Bonafide Clinic during qualifications (the price is 800.00 PLN gross for the entire check) or the results of the check carried out not earlier than within 6 months before the Auction have to be submitted in accordance with standard described in the attached protocol of the Auction check.
  2. If the Seller is willing to have the health check done during the qualification, he has to specify it in the application form.
  3. During the qualifications a company hired by the Organizer will conduct professional photo and film shooting of the horses which will be then used for promotion.
  4. The horses which will neither take part in the qualifications nor the photo and video shooting in the chosen by the Organizer places on the scheduled dates, will not be allowed to participate in the Auction.
  5. The seller delivers the horses qualified for the Auction on the site of the Auction on his own expense and at his own risk and locates them in the Auctions stables in a place assigned by the Organizer. The Auction stables will be open from the 30th of November 2017 at 10:00 A.M and will remain available for the Seller till the 3rd of December 2017 at 8:00 P. M. the Organizer provides the Seller with a box for the horse with first bedding (straw).
  6. Between the 30th of November 2017 and the 3rd of December 2017 the Auction horses belonging to the Seller can take part in presentations and the test rides (depending on the age and prospect of the horse). The Organizer in cooperation with The Seller coordinates the number and time of the presentations and test rides. The Seller is obliged to prepare the horse property for presentations and test rides and to fully cooperate with the Organizer in order to conduct the test rides.
  7. The Seller is obliged to prepare the horse for the Auction and to present it (in hand, during free jumps and under a saddle). Organizer if notified by the Seller before, will provide a presenter who will present the Seller’s horses.
  8. The Seller will be charged 800,00 PLN net + VAT(23%) for the registration and the participation in the Auction, payable to the PZHK account: 68 1240 6175 1111 0000 4571 0410 entitled “THE PARTICIPATION OF THE HORSE [the name of the horse] IN THE AUCTION”.
  9. The horses which took part in Baborówko Horse Sale Show 2017 are entitled to 50 % discount and their registration fee is 400,00 PLN net + VAT(23%)
  10. Within the registration fee the Organizer will provide:

– photo and video shooting during the qualifications

– the offer presented on www.terazpolskiekonie.pl and in the action catalogue,

– the description of the results of the clinical health check delivered by the Seller,

– a box for the horse with first bedding at the International Poznan fair between the 30th of November 2017 and the 3rd of December 2017

– an Auction Number and a pad for the horse,

– a blouse for the presenter

  1. In case of the negative evaluation which will result in the lack of the horse’s qualification for the Auction, the Seller will receive the registration fee back from the Organizer.
  2. In case of a withdrawal of the horse already for the Auction by the Seller after the qualification date as mentioned in point number 7, the Organizer will not return the registration fee to the Seller.
  3. The number of Horses qualified for the Auction is limited.
  4. The Organizer has a right to reject a horse’s application for the Auction without giving a reason.

 

  • The Course of the Auction – conditions for the Buyer
  1. The Organizer orgaznizes and conducts the Auction and services connected with the Auction and appearing in evidence of these terms of use. The Orgaznier is not a party when it comes to a sales contrach between the Seller and the Buyer. He does not guarantee the legibility of either the Seller or the Buyer in terms of signing and executing the contract. The Organizer does not collect the vadium form the Buyer, the Seller authorizes the Organizer to receive the sale price form the Buyer.
  2. Between the 30th of November 2017 and the 3rd of December 2017 at the time Schedule by the Organizer, the Buyer may consult the results of the clinical health check of the horses with the official veterinary of the Auction.
  3. The Buyer or the Seller cover all costs of additional health check and RTG Pictures carried out during the Auction.
  4. The order of the horses presented during the Auction is determined by the Organizer. The Organizer accepts the order of the horses in accordance with their order in the Auction catalogue.
  5. The Auction in the scope of the sale of the Seller’s horse will be conducted in a form of the Auction as understood by the rules of the Civil Code.
  6. The Auction is conducted by an authorized person called the Auctioner who acts on behalf of the Organizer.
  7. The Auction will be conducted in Polish zloty. (PLN). The minimum bidding act is set at the amount of 500,00 PLN (five hundred Polish zlotys), however during the subsequent auctions it can be risen by the Auctioner. Such increase may occur many times.
  8. The Organizer in the cooperation with the Seller will set up the call price of the horse and the Auction will start with this price..
  9. During the Auction of a given horse the Auctioner has a right not to accept offers and validate a certain offer without giving a reason.
  10. In case of an argument between two Buyers the Auctioner arbitrates the argument or conducts another Auction of the horse in which the call price will be the highest price announced by the Auctioner before the exacerbation of the argument.
  11. The Auction is finished when the Auctioner docks a hammer down which means that the auctioned horse is sold for the docked price and the sales contract between the Seller  and the Buyer who has offered the highest price is signed provided the Buyer who has won the Auction will deliver a written confirmation of the sales contract including a subject of the sale, a sale price, the data necessary for the Buyer’s identification, a signature of an authorized person, especially if the Buyer is a private individual – name, surname, the address of residence and the residence dispatch. If the Buyer is an individual who makes a purchase within his business or agricultural activities – the name and the address of the company’s residence, NIP, REGON; (iii), if the Buyer is a legal subject or an organizational unit which is not a legal subject yet granted the legal subject by the appropriate  legal act – the firm with its character, address of residence, KRS, NIP, REGON numbers, legal basis for determination of the Auction for and on behalf of the Buyer together with appointing a person representing the Buyer. In case the Buyer is represented by a Proxy – the Proxy should present an appropriate letter of authority with the signatures confirmed by the notary or in the form of the Act of Notary. The Buyer or a person representing the Buyer should present a document confirming his identity (ID card, passport or a driver’s license) in case the Buyer does not fulfill such requirements right after the docking or within 10 minutes from the docking, the sales contract is not valid and the horse can be  auctioned gain as determined by the Organizer.
  12. The Buyer who wins the Auction is obliged to:
  • To pay the total price within 3 days after the Auction is finished by cash or transferred to the bank account number: 68 1240 6175 1111 0000 4571 0410, held by the Polish Horse Breeders Association, Koszykowa 60/62 m. 16, 00-673 Warsaw, in case of the money transfer it is necessary to present the Organizer with the confirmation of the money transfer;
  • To collect the horse at his own expense and risk within 14 days from the moment the Auction is finished provided the Buyer Has paid the total price of the horse.

In case the Buyer has not paid the total sales price within 3 days from the moment the Auction is finished, the Seller can withdraw from the sales contract within 3 days starting from the last day determined for the payment. After the Buyer has fulfilled the requirements and can collect the horse, the Seller is obliged to give him the horse together with its ID  (the passport of the horse).

  1. The sales price which is the highest offer docked by the Auctioner is a net price and will be increased by VAT. The total amount resulted from the previous sentence is the total sales price..
  2. The VAT mentioned in the previous point can be returned to the Buyer under the following conditions:
  • he is an active VAT payer and will deliver a document confirming his company \’s VAT registration within EU and will confirm the transport of the horse within EU;
  1. will present the export documents confirming the sales of the horse outside EU provided the export procedure will begin on the Polish territory and will be finished within 6 months from the moment the total sales price for the horse is paid.
  2. The Buyer can pay the Total sales price in EURO (EUR). The transaction value paid in EURO will be increased by the handling fee equal 1% of the total sales price as state in Act 13 above. The price paid in EURO (EUR) is calculated by the exchange rate to Polish zloty (PLN) in accordance with the daily exchange rate announce by the National Polish Bank (NBP) on the date of the decking.
  3. All costs due to the sales trans action, especially the costs of fiscal payments are paid by the Buyer, unless the terms of use state precisely that these costs should be paid by the Seller.
  4. The ownership of the horse is transferred from the Seller to the Buyer at the very moment the Buyer has paid the total sales price together with all additional payments as agreed with The Organizer and the Seller to the Auction conduct – in accordance with the disposal of the Act 12 above, within the score referring to the rules of the price payment – including the total amount paid the Organizer.
  5. After receiving the total amount of the sales price from the Buyer and cutting it by 8% +VAT (23%)the Organizer will give the Seller the remaining amount within 7 days from receiving the Cash Or the Money transfer to the Organizer’s bank account.
  6. After the Auction is completed the horses return to their home stable (the Seller’s stable) unless the Buyer collects the horse right after the Auction after fulfilling All the requirements necessary for the horse’s collection.
  7. The Organizer has a right to withdraw the horse from the Auction both before and during the Auction without giving a reason.

 

  1. The final conclusions
  2. the given terms of use are open to the public and will be displayed at the Organizer’s office as well as onterazpolskiekonie.pl. All information about the Auction contained in the advertising materials (including informative posters) are only of informational character. .
  3. The Organizer will disclose the Auction catalogue which contains above others data about the horses such as the breed, origin, age and sex..
  4. The services provided by the Organizer within the Auction are not free and all the payments and provisions are charged to the Seller. The payments and provisions will be taken off from the price paid by the Buyer in the first order before the rest of the amount is passed to the Seller. The provision for the Organizer paid by the Seller is equal 8% net of the total sales price of the horse, enlarged by the sue VAT. In case the Buyer does not submit the due price within three days from winning the Auction – the Seller will pay the Organizer the costs charged to him within 2 days from receiving the payment order by email sent to the address given by the Seller upon registration. In case the Buyer pays the price omitting the Organizer, the Seller pats the Organizer all costs charged to him within 2 days from receiving the payment order by email given by the Seller upon registration.
  5. Both the Seller and the Buyer are prohibited to act in order to avoid the sale of the horse taking part in the Auction or to avoid paying payment and provisions assessed by the Organizer.
  6. In case the horse registered in the Auction is sold after the qualifications and before the Auction, during the Auction or within 30 days after the Auction is closed, both the Seller and the Buyer agree that the sale was a result of the Organizer’s activities and the Seller will pay the Organizer the provision equal 8% net of the total price of the horse sale enlarged by the due VAT.
  7. All the action undertaken by the Sellers and the Buyers should be in accordance with legal rules and good business practice.
  8. The Organizer has a right to imply changes in the terms of use which will not affect the basic Auction rules.
  9. All the persons present at the Auction area do so at their own risk. The Organizers of the Auction do not bear any responsibility for ay health or assets damage which may occur to the persons during the Auction.
  10. The Seller is fully responsible for any damages caused to the horse due to the sickness, accident or any other reasons from the moment of its arrival to the Auction throughout the Auction unless the given horse is efficiently sold and All the risk due connected with the horse, especially the danger of its accident, loss or damage as well as benefits or burdens are automatically transferred to the Buyer..
  11. The Organizer is not responsible for any horse belonging either to the Seller or the Buyer or for Any damages of the horse or any injuries which may occur during the Auction on its location.
  12. The Organizer is not responsible for any losses and damages caused by any horse belonging either to the Seller or the Buyer due to the sickness, accident or any othger reason during the Auction on its premises.
  13. The Organizer is not responsible for any actions or behavior of either the Seller and the Buyer  during the Auction or for lack of fulfillment or inappropriate fulfillment of the contracts signed within the Auction as well as for Any consequences of the action undertaken by the Sellers and the Buyers which violate the conclusions of the terms of use. The Organizer does not bear responsibility especially for the quality, legality, physical or legal vices of the horses sold within the Auction , the purchase ability and solvency of the Buyers, the sale ability of the Sellers, truth and reliability of the information given by the Sellers and the Buyers.
  14. The Buyer Has no right to withdraw from the sales contract signed within the Auction.
  15. In case when the Seller or the Buyer claim that services provided by the Organizer on the basis of these terms of use are not completed by the Organizer or are conducted not in accordance with these terms of use, such person may raise objections as specified in the rule book (the Complaint).
  16. The Complaint can be filed in the written form. It should at least contain the data of the person who fills it in, his role in the Auction (the Buyer or the Seller) the detailed description of the complaints and a proposal how the case Complaint can be addressed.
  17. The Organizer arbitrates the Complaint within 14 days from the Day he receives it. In case the Complaint does not contain information necessary for its arbitration the Organizer will ask the part which has submitted the Complaint to fill in the data in the missing scope and the 14 day deadline starts from the moment the Organizer receives the filled in Complaint. The Complaints from the third parties other than the Buyer or the Seller. The answer to the Complaint is sent in a written form.
  18. The Organizer collects and processes the personal data submitted by the Buyer and the Seller according to the legal rules in order to carry out the Auction.
  19. If any of the Regimen’s resolution will be announced by the court as void and such decision of the court will be legally valid, all other resolutions of these terms of use remain valid.
  20. The law adequate for all contracts signed within the Auction on on the basis on the regimen and also on the cases which are not regulated by this regimen, is the Polish law. All arguments connected with the Auction are arbitrated by the appropriate Polish courts.
  21. In case these terms of use are published in language versions other than Polish language which May cause any doubts concerning the interpretation, the conclusive is the Polish version of the document.