CONDITIONS OF ONLINE AUCTIONS.

1. GENARAL CONDITIONS OF ONLINE AUCTIONS
   1. The Kalvarie.auction is organised by GEENS NV-STAL DE KALVARIE, whose registered office is situated at Torendreef 14, 2260 Westerlo (Belgium).
       
   2. A commission of 10% (ex VAT) will be added to the allotment price.
       
   3. To participate in this auction implies that these auction conditions are explicitly acknowledged and accepted without reservations.
       
   4. Buyers must register themselves for the online auction via the webstite www.kalvarie.auction before being allowed to participate in the Kalvarie auction.
       
   5. The buyer guarantees, at all times, the correctness and completeness of the personal information he/she provides when registering for the auction. The username and password that the buyer uses during the auction are strictly personal and cannot be communicated to somebody else.
       
   6. The sale is established under Belgian law by means of bidding and allotment to the highest bidder after payment of the settlement amount, whether or not to be increased by VAT. Bids and payments are made in EURO.
   7. The auction proceeds according to the following bidding steps: 500€ per step up to 10.000€, 1000€ per step up to 20.000€, 2000€ per step...
       
   8. The auction website will state an indicative closing time of the auction per specific good. If, however, a bid is made in the last 5 minutes before the closing time of that lot, the auction time for that specific lot will be automatically extended by 5 minutes. The extended time will become the new indicative closing time.
       
   9. In the auction a good is allotted to the highest bidder.
      The sales price will be calculated  as follows:
      -the price of the lot + commission = net price
      -possibly to be increased by applicable VAT (21%)
      -total  = settlement amount. 
      Geens NV-Stal de Kalvarie will send an invoice
       
   10. No VAT will be charged in following 2 cases:
       1. The invoice can be issued on a company in the European community, outside of Belgium, with a legal vat number. The buyer must comply with all the necessary conditions attached to a lawful intercommunity transaction. 
           
       2. The foal or surrogate mare (embryo) is sold outside the European Union and both of following conditions are fulfilled:
          1. the foal or embryo is transferred outside the European community
          2. the buyer will submit valid transport- and export documents within 3 months after delivery of the foal or embryo by Stal de Kalvarie.The buyer must comply with all the necessary conditions attached to a lawful export transaction.
          If the documents are not provided or the foal or embryo is not transferred outside the European community the sum consisting of the VAT will be charged.
           
   11. Pick-up
       After the Auction and payment by the Buyer , the Buyer and the Seller will make arrangements for the delivery.
       
       The Buyer will pay for the transport-costs or arranges the transport himself
        
   12. The ownership of the lot is transferred to the buyer at the moment that Geens NV-Stal de Kalvarie received the money of the buyer.
        
   13. A Bid must be placed in the manner described by Kalvarie Auction on the Auction Website. The Auction takes place 'by bidding'. The Bidder is bound to a bid; it is considered being irrevocable and unconditional. Each Bidder who places a Bid shall be deemed to be bidding for himself or herself, and is personally bound to Kalvarie Auction and (after the Award) to the Seller for his/her obligations to Kalvarie Auction and the Seller. If multiple persons declare that they are placing or have placed a Bid jointly, they are jointly and severally liable for the resulting obligations to Kalvarie Auction and (after the Award) to a Seller. Kalvarie Auction and the Seller are entitled to participate in the Auction and to Bid in the name of third parties on the Lot(s) offered by Seller by means of the Auction.
        
   14. Kalvarie Auction acts as an Auction Service. The organization, preparation and implementation of the Auction is determined solely by Kalvarie Auction. This means among other things that Kalvarie Auction determines the course of events prior to and during the Auction, and has the sole authority not to auction or to change (the composition of) one or more Lots, to not recognize a Bid and declare it invalid, and suspend, resume, extend or cancel the Auction and/or take other measures it deems necessary. The duration of an Auction is indicated on the Auction Website. This does not prejudice the right of Kalvarie Auction to cancel, terminate (early), suspend or extend the Auction of the Lot(s) at any time. Thus among others, Kalvarie  Auction can exercise its right to extend the Auction in the situation that the Auction is not accessible to all Bidders due to technical problem(s). However, Kalvarie  Auction is not obliged to do so. A Bidder is required to follow the instructions and directions given by or in the name of Kalvarie Auction in the context of an Auction. A Participant accepts the extraordinary circumstances that can arise during an internet-auction and the (technical) imperfections that may exist. Kalvarie Auction cannot be held liable in any way for such occurrences.
       
       The Auction Website will state an indicative closing time of the Auction per specific Lot. If, however, a Bid is made in the last 5 minutes before the closing time of a Lot, the auction time for that specific Lot will be automatically extended by 5 minutes. The extended time will become the new indicative closing time of that Lot.
        
   15. Stal de Kalvarie shall not be liable for any visible and/or hidden defects. In any case, the liability of Geens NV-Stal de Kalvarie shall be limited to the maximum amount paid by the Purchaser
        
   16. Any dispute arising from this auction and its consequences will be exclusively ruled by Belgian law. The Courts of Turnhout shall have exclusive jurisdiction to take cognizance of the disputes. 
        
   17. Kalvarie Auction retains the right to modify these Auction Conditions without prior informing Participants. In the case of such modifications, the new Auction Conditions will automatically come into force as per the next Auction and as published on the Auction Website
        
   18. Kalvarie Auction is not liable for anything directly and/or indirectly related to the Auction, Auction Conditions and the Lots, except in cases of wilful intent or wilful recklessness on the side of Kalvarie Auction.
   19. In case of dispute between the English and Dutch language of the auction conditions, the Dutch language of the auction terms shall apply.
       
        
2. FOALS
    
   1. All foals are checked by a veterinarian. The report can be submitted on request.
       
   2.  The risk related to the foal transfers to the Buyer from the moment of delivery of the respective foal to the Buyer or to the transportcompany. Delivery at the registered office address.
      
       
3. IMPLANTED EMBRYOS – SURROGATE MARE
    
   1. After the auction all surrogate mares will be checked again on pregnancy by our veterinarian.
      1. If they are not pregnant, the sale is cancelled. Kalvarie Auction has no obligation to deliver another embryo
          
      2. After the control of pregnanacy by our veterinarian, all risk is for the Buyer, also if the mare stays in the stables Stal de Kalvarie. The buyer decides if he takes an insurance.
   2. The Surrogate Mare that is sold to the Buyer bearing an Embryo remains the property of the Seller and, 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. A guarantee of 2.500 EURO (excl. VAT) will be counted  for the Surrogate Mare. This guaranty is refunded to the Buyer when the Surrogate Mare is returned in good condition. 
   3. The Foal is named after the stud of the Seller (“de Kalvarie").