General Terms and Conditions
The Association of Swiss Sport Horses VSS/ACSS is organizer of the 1st online Suisse Elite Foal Auction.
2. design and handling of the online - auction
2.1 Login (registration) and user account
Only those natural or legal persons who have registered with the organizer are permitted to participate in an internet auction. When opening the registration, all questions asked by the organiser in the registration form must be answered properly and correctly and any copies requested must be enclosed. A registration can be deleted at any time without giving reasons in the section "Deletion of my registration" provided on our internet platform; in this case all registered data will be deleted permanently, unless they are required for an ongoing bidding procedure or the processing of an already completed purchase. In this case, the data will only be deleted when it is definitively excluded that the data is still needed.
Representation and legal capacity
(a) Natural persons can only register for use if they are of full age and have unlimited legal capacity.
(b) Natural persons authorised to represent a legal person must be identified by name.
(c) Registered users receive a password. Every user is obliged to keep the password secret.
2.2 Procedure of the Internet Auction
(a) The respective Internet auction starts with an offer placed on the Internet by the organizer on the platform. This is a declaration of intent by the organizer to conclude a sales contract. In the offer, the bidding period is also defined by the indication "end of auction". This offer cannot be accepted by a simple "yes", but is rather an acceptance of the highest bid declared in advance. Only the highest bid is accepted by the organizer if it is effectively submitted by a bidder within the stated bidding period in accordance with the conditions of these General Terms and Conditions.
(b) Bids can only be made via the mask for registered bidders installed on the platform and only online. Bids submitted in any other way will not be considered, even if they reach the organizer during the bidding period. Bids for which the bidder has not declared that he/she agrees with the validity of these General Terms and Conditions for his/her specific bid and has taken note of the cancellation policy will not be accepted either. Bids submitted until the end of the auction, which are made for the registered user under "Bid" in accordance with these General Terms and Conditions, will only take part in the auction if they have been received by the organizer by the end of the auction. The transmission is at the risk of the bidder.
(c) Before a bid is submitted, the content of the bid, including the customer data, is summarized on an overview page. The bidder can correct his bid there using the change fields provided. By clicking on the button "Submit Bid" the bidder submits a binding bid to the organizer for the conclusion of a sales contract. After the bid has been submitted, the bidder receives an automatically generated e-mail from the organizer, which confirms receipt of the bid by us and gives details of the bid (confirmation of receipt). This confirmation of receipt does not constitute an acceptance of contract, but only the confirmation of participation in the auction with the bid submitted. Each bid of each bidder is subject to the submission of a higher bid. The respective bidder is bound by the bid submitted until the end of the bidding period. Bids that are below the minimum bid will not participate in the auction, even if the organizer does not receive a higher bid by the end of the auction. The contract of sale for the auctioned foal is concluded without a separate knockdown by the effectively submitted highest bid of the registered bidder (user or customer) at the end of the bidding period.
(d) An effective bid must be equal to the minimum bid and must otherwise be at least one bid increment above the previous bidder's bid. The bidding step for horses placed in the auction is CHF 250.00. The bidder will be informed by e-mail or other suitable means on the internet platform that his bid is accepted and also if he has been outbid. The opening bid is CHF 4,000.
(e) Notification of the conclusion of the contract: The bidder who has submitted the highest effective bid at the end of the auction will be notified of this by e-mail or in another way on a permanent data carrier in text form. The receipt of the notification is the confirmation of the already concluded purchase contract and not an additional condition for its conclusion. Bidders who have not submitted the highest bid will not be notified. The highest bid is merely stated anonymously on the platform immediately after expiry of the bidding period. The notification to the acquirer includes a confirmation of the contract in which the content of the contract is reproduced.
f) We are entitled, at our discretion, to invite registered bidders for individual auctions of individual foals or for a certain period of time or generally to and thus to exclude them from the right to participate in auctions on a limited or unlimited basis. This is only permissible if there is good cause to believe that we can no longer reasonably be expected to continue a legal relationship with the person blocked.
(g) The organizer may cancel an auction at any time before the end of the bidding period if he can reasonably be expected to do so for an objective reason. discretionary decision. In case of system failures due to technical conditions, the organizer is also entitled to cancel the auction. In this respect, we expressly reserve the right to revoke our respective offer placed on the Internet. The decision on the termination will be communicated on the Internet platform with a keyword indication of the reason. Bids already submitted expire without substitution upon notification. This reservation to the revocation of our offer of sale to the highest bidder expires at the end of an auction carried out in accordance with the announcement and ended with the expiry of the bidding period, without requiring a separate declaration from us. Claims for damages by bidders in the event of technical problems in the handling of the Internet auction, in particular system failures, non-access to bids or their rejection for technical reasons are excluded.
(h) The organizer maintains a hotline during the running auctions, which can be reached during the time indicated on the internet platform with the fees indicated there at the expense of the caller. This hotline serves only to resolve settlement problems and not to accept bids. No promises are made or contractual agreements of any kind whatsoever are concluded via the hotline.
3. rights and obligations
The organizer acts only as an intermediary between buyer and seller.
He is responsible for the conclusion of a sales contract. All rights and obligations arising from the purchase transaction concern exclusively seller and buyer. The seller is liable for any defects. The provisions of the Swiss Livestock Act (OR Art. 198 ff.) apply.
4. details of the auctioned item
The foals put up for auction on the platform of the organizer are offered with the following information: Horse name, sex, age, color, pictures, video, pedigree. The above information is only a description of the object of the auction, the organizer does not guarantee a corresponding quality and the information is not part of a quality agreement with regard to the future sales contract. There is no guarantee for the breeding suitability of the horse entered. In particular, the organiser did not check the insemination ability of stallions and the breeding ability of mares. The ability to fertilize or breed is not an agreed quality. The minimum bid (in CHF) for the foal placed in the Internet auction is also indicated. The location of the foal at the time after the end of the auction is with the respective breeder. Due to the technical and organisational handling of the Internet auction, an inspection of the foal before the conclusion of the purchase contract is only possible by prior arrangement. The foals placed in the Internet auction have been clinically examined in preparation for the Internet auction. A veterinary examination protocol has been drawn up about the clinical examination carried out, which can be viewed by registered customers via a link on the foal entered in the auction. The bidder is recommended to have the veterinary examination protocol interpreted by his own veterinarian at his own expense. The bidder is strongly recommended to make use of this opportunity to inform about the health condition of the respective horse in his own interest. He cannot place a bid until he has declared that he will not accept the reference to the possibility of inspecting the prepared examination documents for clinical examination. The result in the form of objective findings of the written and accessible examination protocol, which is exclusively related to the clinical examination, is a description of the health condition of the foal placed in the Internet auction. Furthermore, the minimum bid in SWISS FRANCS is indicated for the horse put up for auction on the Internet.
5. prices and terms of payment
The vendor pays a basic fee of CHF 250 per foal. The buyer a fee of 8% of the hammer price. If the breeders buy back the foals, a fee of 3% of the hammer price is due up to CHF 8000, from CHF 8'001 - 6%; the buy-back fees are payable within 10 days after the auction. If no bid is placed for the foal, the breeder will pay a 3% fee on the minimum amount of CHF 4'000.00 within 10 days after the auction. The deduction of a discount is not permitted. The costs, consisting of the hammer price and auction fees, are to be paid within 10 days after the auction by means of payment slips to the account of the VSS/ACSS. The Swiss Association of Sport Horses VSS/ACSS is authorized to receive the payment and, if necessary, to take action against the buyer to file a suit for payment of the purchase price including additional services. The transfer of the auctioned horse to the buyer or to the carrier will only take place after payment of the purchase price.
5.1 Collection of the horse / place of performance / transfer of risk
In principle, the bidding prices apply ex location of the foal when the buyer collects the foal himself. The specified location is the one defined in the agreed place of performance in the contract concluded. With the conclusion of the purchase contract the risk is transferred to the buyer, even if the foal remains in the custody of the breeder for the time being. The Foals can remain at the seller's risk free of charge until the end of October 2020. The breeder bears the costs for the care of the foal until it is handed over to the buyer; they are included in the purchase price. The seller is entitled to retain the foal until the purchase price and fees have been paid in full. The breeder informs the buyer when the foal can be collected and at which location. For this purpose, the contact details of the purchaser are provided. The auction office will send the foal's pedigree papers to the buyer as soon as the purchase price and fees have been paid and settled with the breeder. In any case, the foal will only be handed over after full payment has been received. 6. data protection We collect and store the customer's data necessary for the business transaction. When processing the personal data of the customer, we observe the legal regulations. Further details can be found in the data protection declaration available in our online offer. On request, the customer will receive information at any time about the personal data stored about him.