Allgemeine Bedingungen

ENG

1 – General

1. Performance Plus is an online auction for dressage horses organised by the private company Performance Plus B.V.

2. These Online Auction Conditions Performance Plus Online Auction (“Auction Conditions”) are applicable to the legal relationships between the private company Performance Plus B.V., with its registered office in Eibergen, municipality of Berkelland, the Netherlands, and participants in the online auction of horses organised by Performance Plus via the internet at https://pplus.auction (“Auction Site”). A party that makes a bid for a horse or horses during the Auction (“Bidder”/”Buyer”) shall be deemed to have accepted the applicability of these Auction Conditions. The applicability of other general terms and conditions is excluded.

3. Performance Plus will organise and facilitate the Auction and auction the horses by order of a seller (“Seller”). Performance Plus is not the owner of the Horses offered for the Auction, unless this is explicitly mentioned on the Website.

4. The Buyer is the party that makes the bid during the Auction that is accepted as the highest bid by Performance Plus on behalf of the Seller. A purchase agreement (“Purchase Agreement”) shall be concluded between the Buyer and the Seller as of the moment when Performance Plus accepts a bid from a Bidder/Buyer as the highest bid (“Closing Price”). All of the clauses in these Auction Conditions have been made for the joint benefit of all those persons who work or have worked for, for the benefit of and/or on behalf of Performance Plus. They can directly invoke the provisions of these Auction Conditions as if they were Performance Plus itself. 

5. All the amounts stated in these Auction Conditions are excluding VAT, unless stated otherwise.

2 – The auction

1. The Auction will take place under the management of Performance Plus. Performance Plus will determine the order and the sequence of the Auction. Performance Plus has the right to refuse any party access to and/or participation in the Auction, without having to give reasons for such, and/or to set (further) conditions for participation in the Auction.

2. In order to participate in the Auction as a Bidder, registration must take place in the way prescribed by Performance Plus, and the conditions and procedures that are applicable and/or are declared applicable by Performance Plus for the Auction must be accepted. Performance Plus reserves the right to refuse and/or unilaterally to end registration for the Auction and (further) participation of a Bidder in the Auction at any time for reasons of its own. The Bidder has to register at the Auction Site digitally in order to participate in the Auction. The Bidder will receive a strictly personal username and password which can be used to access the bidding system. The Bidder is responsible for all transactions that take place during the Auction and which arise out of the use of the Bidder’s username and password. Bidding shall take place by digital/electronic means. The highest bid for each horse will be displayed on the Auction Site. 

3. The Auction will end at the time and date specified in advance. The duration of the Auction will be stated on the Auction Site. If a bid is received in the last five minutes before the specified close time, the open time will be (repeatedly) extended by another five minutes. The definitive close will then take place five minutes after the last bid. 

4. A Bidder accepts that exceptional circumstances can occur with an online auction, such to include technical imperfections, as a result of which a bid cannot be made on time. 

5. A bidder who has made the second-highest bid must honour his/her bid during a period of 14 days after the close of the online auction in the event the highest bid is declared invalid or is not honoured. 

6. The horses offered at the Auction will be auctioned/sold “as is” with all faults, in the condition they are in when offered at the auction, without any liability of Performance Plus in connection with the value, the condition and/or the capacity of the auctioned horses. The risk of loss of and/or of damage to and/or damage caused by the auctioned/purchased horse shall lie with the Bidder/Buyer as of the moment of conclusion of the Purchase Agreement. 

7. The Bidder/Buyer shall bid for their own account and risk and will be obligated to honour their bid until a higher bid has been accepted.

8. Performance Plus cannot guarantee that the Seller can transfer the ownership of an auctioned horse to the Bidder/Buyer free and unencumbered, and Performance Plus will not be liable for any damages in connection with such. 

9. As long as Performance Plus has not received payment in full from the Bidder/Buyer, including any payments owed under any other Purchase Agreements, the Seller shall remain the owner of the horse. Up until such time, Performance Plus shall have a right of retention on the horse. The Seller shall only have the right to release the horse to the Buyer after Performance Plus has given its written permission for such.

10. Participation in the Auction implies that the buyer agrees, expressly and without any reservation, with these terms and conditions of auction and with the chargeability of the auction costs at a rate of 10% and 21% VAT (if applicable) on the hammer price.

3 – Information

1. Performance Plus has compiled the Auction Site with the utmost of care. The information on the Auction Site is aimed at giving an impression of the quality of the horses offered at the Auction, without Performance Plus thereby striving for completeness and no rights can be derived from such.

2. The horses offered at the Auction have been examined clinically by a veterinarian, the horses also have undergone a radiographic examination three months prior to the Auction. The x-ray images and a copy of the veterinary report drawn up on the basis of such can be inspected up to the end of the Auction by making a request. 

3. The contents of the aforementioned veterinary reports will be binding for Performance Plus, the Seller, and the Bidder/Buyer. 

4. The horses offered at the Auction can be inspected prior to the Auction at a time and place to be determined by Performance Plus.

4 – Closing price, buyer’s premium, purchase price, payment obligations of the buyer

1. The Buyer must pay the Purchase Price in Euros to Performance Plus within seven (7) working days after the moment of conclusion of the Purchase Agreement by transfer to the bank account number in the name of Performance Plus, without any discount or set-off. The Purchase Price will be calculated as follows: the Closing Price will be increased by an amount equal to 10% of the Closing Price (“Buyer’s Premium”), plus the applicable VAT rate. The VAT rate will depend on the capacity/nationality of the Seller, the Buyer, and the applicable regulations. 

2. In the event of a failure to make timely payment of the Purchase Price, the Bidder/Buyer shall be in default and Performance Plus shall have the right to immediately sell the horse privately, whereby the bid of the original Bidder/Buyer will become null and void. At no time shall the Bidder/Buyer be entitled to surplus proceeds in the event of a private sale, and shall remain obligated to compensate Performance Plus for the lower proceeds. Furthermore, Performance Plus shall then have the right to consider the Purchase Agreement as dissolved, on behalf of the Seller and without notice of default being required, and without the Bidder/Buyer being entitled to receive any compensation on account of such. In the event of a failure to perform by the Buyer, Performance Plus shall have a right of retention on the horse, the Bidder/Buyer shall owe administration charges to Performance Plus equal to 6% of the Closing Price, and the Bidder/Buyer shall owe Performance Plus all judicial and extrajudicial costs associated with the collection of Performance Plus claim against the Bidder/Buyer, with a minimum amount of € 1,000. The Buyer shall not have any right of set-off.

5 – Release, delivery, transfer of ownership and collection

1. After the Auction and the receipt of the Purchase Price (whether or not increased by VAT) by Performance Plus, the buyer, the seller and Performance Plus will agree the time and manner of the actual delivery of the horse. Unless agreed otherwise between Performance Plus, the seller and the buyer, the horse will be picked up by the buyer at the location of the owner. The actual delivery of the horse must in any event take place within fourteen (14) days after the buyer has paid everything he/she had to pay to Performance Plus under the agreement(s) concluded within the scope of the Auction. After these fourteen (14) days, the seller of the horse shall be entitled to charge the costs of stabling and maintenance of the horse to the buyer.

6 – Exclusion and limitation of the liability of Performance Plus

1. Performance Pluswill not be liable for any damages caused by the issuing of inaccurate and/or incomplete information, regardless of the nature and extent of such damages or of that information, and regardless of the source of that information.

2. Performance Plus will not be liable for any damages that arise prior to, during, and/or after the end of the Auction that are caused by or to persons, and/or by or to property, and/or by or to horses.

3. Performance Plus will not be liable for any damages, either direct or indirect, and regardless of the nature and extent of such, as a result of any shortcoming in the fulfilment of an obligation by a third party or third parties.

4. Performance Plus shall not be liable for the non-fulfilment of any obligation as a result of strikes, shortages, riots, civil unrest, fire, floods, storms, explosions, natural disasters, war, epidemics and/or pandemics, government interventions, working conditions, earthquakes, material defects, or any other circumstance over which Performance Plus cannot reasonably exercise any control.

5. The Bidder/Buyer will be liable for all damages caused by it, and shall indemnify Performance Plus against any claims of third parties, such to include, but not limited to, Sellers and/or other Bidders/Buyers, in connection with these damages, regardless of the nature or extent of such.

6. Exclusions of the liability of Performance Plus shall not apply in the event of any wilful misconduct or gross negligence on the part of Performance Plus which is imputable to Performance Plus.

7. Any liability of Performance Plus will at all times be limited to a maximum amount of € 10,000. A claim for damages expires in any case twelve (12) months after the buyer became familiar with the damage that has directly or indirectly resulted from an event or circumstance for which Performance Plus is or could be liable.

7 – Turnover Tax (VAT)

1. Performance Plus is registered for turnover tax (VAT). Changes to the applicable VAT rate can lead to a corresponding adjustment of the applicable VAT percentages.

2. If in relation to the delivery of an auctioned horse to another Member State of the European Union invoicing with zero rate VAT takes place at the request of the Bidder/Buyer, the Bidder/Buyer obligates itself to fulfil all the necessary conditions in order to effect a legally valid intra-Community transaction. 

3. If the application of zero rate VAT (subsequently) proves not to be possible due to any circumstances whatsoever, as of that moment the Bidder/Buyer shall then owe an amount equal to the amount that would have been owed in the event of a domestic sale of the relevant horse. At the request of Performance Plus, however, the Bidder/Buyer will be obligated to pay the aforementioned amount immediately to Performance Plus. In that case, the repayment of such shall only take place if and when the Bidder/Buyer has fulfilled the conditions to the satisfaction of Performance Plus. The Bidder/Buyer will in any case be liable for and shall indemnify Performance Plus against all damages that arise out of the non-fulfilment of the conditions. Furthermore, the Bidder/Buyer will be liable for all judicial and extrajudicial costs incurred by Performance Plus, with a minimum amount of € 1,000.

4. Prior to the Auction, an announcement will be made about the applicable VAT regime under which each horse is being auctioned. 

8 – Disputes and applicable law

1. The legal relationships between Performance Plus and the Seller, between Performance Plus and the Buyer, and between the Seller and the Buyer shall be exclusively governed by Dutch law, with the total exclusion of the Vienna Sales Convention (CISG). Disputes will be settled in accordance with the Arbitration Regulations of the NAI (Netherlands Arbitration Institute) by a single arbitrator to be appointed in accordance with the list procedure. The arbitration proceedings will be held in Dutch. If the Buyer is a consumer, then at his/her written request the District Court of Gelderland, Zutphen location, shall have competence to hear the dispute. If the Seller and/or Performance Plus wants to institute dispute settlement proceedings and the Buyer is a consumer, the Seller/Performance Plus shall give the Buyer a period of one month to give a written notice of the Buyer’s choice to have the dispute settled by NAI arbitration or by the District Court of Central Netherlands, Utrecht location. In the event of an urgent interest (preliminary relief proceedings), the Seller/Performance Plus can reduce this period to five working days.

2. These terms and conditions of auction are drafted in the Dutch and in the English language. In the case of a dispute with regard to the English version of these terms and conditions of auction or their translation, the Dutch version shall prevail.

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This website is jointly owned by:
Reesink Horses B.V., Molenweg 12, 7151 HA, Eibergen - Stal Wetzelaer VOF, Mergental 10, 5373 LK, Herpen - MT Stables N.V., Dijkerweg 38, 3774 TN, Kootwijkerbroek.