- ARTISAN TACK LLC, hereafter referred to as “AK-ONLINE AUCTION”, with registered office USA, 207 County Farm Cross Rd, Dover Nh 03820, organises an auction of foals and embryos online on 18 – 20 December 2022 on their website ak-online.auction. The auction will be held live and can be followed online with the possibility of participating in the auction online as well.
- Participation in this auction implies express and unreserved knowledge and acceptance of these auction conditions.
- The buyer who wishes to bid online must register on the auction website www.ak-online.auctionin the manner prescribed by AK-ONLINE AUCTION before he/she can participate in the auction. This registration is considered as unconditional acceptance of the auction conditions. Furthermore, by participating in an auction, the buyer declares that he or she is authorised to perform legal acts and enter into a purchase agreement regarding the foal concerned. The buyer is obliged to ensure that all information to be provided by the bidder to AK-ONLINE AUCTION at the time of registration is filled in completely, correctly and truthfully, and the buyer vouches for the correctness and completeness of the information provided by him.
- The buyer is aware and expressly agrees that the services available on the website are limited to making it technically possible to follow the auction via the internet and to participate in the auction as a bidder. AK-ONLINE AUCTION has no and assumes no responsibility for the organisation and running of the auction via its website (e.g. and without being exhaustive: the breakdown of the website during the auction or any delay in the functioning of the website during the auction).
AK-ONLINE AUCTION makes every effort to secure its systems against loss of data and/or any form of unlawful use and takes appropriate technical and organisational measures for this purpose. In his/her dealings with AK-ONLINE AUCTION, the buyer is obliged to adequately secure the computer and/or any other device he/she uses to access the auction website, and to protect it as is customary against viruses or other unlawful programs or files that may be spread via the internet.
- The sale shall be effected under USA law by auction through bidding and award to the highest bidder. The allotment price may or may not include VAT*. The auction will be supervised by the organization.
- The lots will be allotted to the highest bidder at the end of the auction. The final bill for the buyer is calculated as follows: allotment price + applicable VAT *+ 7,5% auction commission calculated on the allotment price + applicable VAT*. By submitting a bid, the bidder undertakes to pay the total amount after the allotment.
- If the buyer withdraws for whatever reason, AK-ONLINE AUCTION is entitled to resell the foal on the day of the auction. The initial buyer is obliged to pay AK-ONLINE AUCTION the costs associated with this resale, at least the difference in the purchase price which was not realised during the resale. AK-ONLINE AUCTION is also entitled to resell the foal if the buyer cannot be identified.
- The final amount is due immediately upon allotment. AK-ONLINE AUCTION will issue an invoice to the buyer which is due upon receipt and must be paid into AK-ONLINE AUCTION’s account prior to delivery of the foal to the buyer. The ownership of the foal is transferred at the moment of payment by the buyer to AK-ONLINE AUCTION.
- If AK-ONLINE AUCTION has not received full payment from the buyer within 5 working days after the auction, the buyer shall be in default by operation of law and, in addition to the other amounts owed to and for the benefit of AK-ONLINE AUCTION, shall be obliged to pay (a) interest at the rate of 1% per month on the total amount owed, to be calculated from the day of the auction until the day of full payment and (b) additional damages amounting to 10% on the invoice amount.
- Any liability in respect of the auctioned lots shall pass to the buyer immediately after they have been allotted. After the auction and payment, the buyer and AK-ONLINE AUCTION will make arrangements for delivery in mutual consultation. Delivery is made in Belgium at the address of the registered office of AK-ONLINE AUCTION unless otherwise agreed in writing between the parties. Transport costs shall be borne by the buyer.
- AK-ONLINE AUCTION draws the buyer’s attention to the fact that the buyer can take out insurance immediately after purchase with one of the trusted insurance companies appointed by AK-ONLINE AUCTION or pointed by the buyer.
- The buyer cannot derive any right from the fact that AK-ONLINE AUCTION has selected the lots. The information on the lots offered for sale is intended only to give an impression of the qualities of the lots, without claiming to be complete and without giving any guarantees. AK-ONLINE AUCTION is not liable for any printing errors and/or material mistakes in the catalogue or incorrect statements on its website.
- AK-ONLINE AUCTION is not liable for visible and/or hidden defects. In any case, AK-ONLINE AUCTION’s liability shall be limited to a maximum of the commission paid by the buyer and the amounts covered by its insurer.
- In case of export, the buyer shall present a valid export document within 3 months after the auction or be liable for VAT.
- If one or more of the provisions contained in the auction conditions are or become invalid, the remaining provisions shall remain in force. In that case, a new provision shall replace the invalid provision, which shall correspond as closely as possible with the former invalid provision in terms of content, scope and purpose.
- In the event of a dispute, only the English text shall apply. The translation of these auction conditions into a language other than English is for information purposes only.
- 1. The surrogate mare that is sold to the buyer bearing an embryo remains the property of the seller and after prior notification, no later than 6 months after the birth of the foal, is returned by the buyer to the seller, in good health, dewormed and vaccinated. For the surrogate mare a deposit is required for 3.000 EURO (excl. VAT), on the account of the AK-ONLINE AUCTION, for the loan of the receptor. The amount of 2.500 euro is refunded to the buyer when the receptor mare is returned in good condition, as mentioned above. The seller bears full responsibility for the surrogate mare and its unborn foal until at least the 60th day of gestation or the date of sale when this exceeds the 60 days of gestation. The seller is no longer responsible for the health of the surrogate mare and its unborn foal after the date of sale. The foal is named after the stud of the seller unless otherwise agreed between the seller and buyer.
2. Pick-up the Embryo at the location and time established by AK-ONLINE AUCTION on presentation of a valid proof of identity. Surrogate mare and embryos must be no later than 30 days after awarding picked up by buyer. Delivery of the horses takes place via pick-up by the buyer or a transport AK-ONLINE AUCTION appointed by him. The pick-up consists of making the horses available to the buyer. The risk transfers to the buyer from the moment of delivery to the buyer or to a transport AK-ONLINE AUCTION appointed by him. The pick-up takes place subject to the suspensive condition that the full purchase price, the auction fees and the possible other amounts owed by the buyer have been paid. If the buyer refuses the pick-up or fails to provide the information or instructions needed for the pick-up, the horses will be maintained by AK-ONLINE AUCTION at the risk of the buyer. In this case, the buyer is required to pay to AK-ONLINE AUCTION all additional costs, including in any case stable and transport costs, in which case the horses shall only be made available for pick-up if and when the buyer has also fully paid these costs.
- AK-ONLINE AUCTION shall settle all disputes that may arise during the auction operations in the last resort. Any dispute arising from this auction and its consequences shall be exclusively governed by USA law, to the exclusion of the provisions of the Vienna Convention on Contracts for the International Sale of Goods.
*information : French applicable VAT for foals is 20%.
*information : French applicable VAT for embryos is 10%.
*information : USA VAT for services is 11,5%