Terms & Conditions of Auctions
TERMS AND CONDITIONS
GBBS INTERNATIONAL LIMITED T/a BALLYPATRICK AUCTIONS (BPA) 2023
Condition 1 – Registration for and participation in the auction
- GBBS International Limited Trading as BALLYPATRICK AUCTIONS (hereinafter known as ‘BPA’) will hold an online auction for horses in the jumping discipline (hereinafter “the Auction”) from 2pm on the 28th of December 2023 until 2pm on the 29th of December 2023 is organized by the limited liability company GBBS International Company Limited located at Ballypatrick, Thurles, County Tipperary and registered with the CRO under number: 547549, email: firstname.lastname@example.org
- BPA acts as the auctioneering service. GBBS International Limited is the seller and owner of the horses.
- The Auction will be held on the website of www.ballypatrickauctions.com(hereinafter called “the Website”). The Auction will start and close at a time indicated in advance. The duration of the auction will be indicated in advance on the website. If a bid is made during the last five minutes before the indicated closing time of the auction, the closing time will be (each time) be extended by five minutes. The final closing will then take place five minutes after the last bid.
- Participation in the auction for potential buyers is permitted only for natural persons and legal persons who have registered on the Website before the start of the auction, have truthfully completed the accompanying form with questions and therefore have an account.
- Participation in the Auction implies that the buyer agrees, expressly and without any reservation, with these terms and conditions of the Auction and with the chargeability of the auction costs of 4% and 13.5% VAT (if applicable) on the auction price.
- The applicability of any general terms and conditions of the buyer is expressly rejected.
- The horses selected by BPA which will be offered during the auction can be viewed before the start of the Auction on the Website by means of videos and pictures showing the horses under saddle, for instance. On the Website written information is also provided about the most important features of the horses (e.g. age, sex, colour and pedigree).
- Potential buyers or interested parties are free to view and/or try out the horses prior to the auction at the location of BPA. For this purpose, an appointment must be made in advance by email email@example.com or by phone to Greg on +35387 7539202
Condition 2 – The offer
Manifest mistakes or manifest errors in the offer of the horses, for instance as a result of typos or misprints, shall not bind BPA and no rights can be inferred from them.
Condition 3 – Bids and purchase
- All bids and payments are made in EURO.
- When placing a bid, the person in whose name the account was created is deemed to be bidding for him-/herself and he/she is personally liable for the obligations resulting from his/her bid. If the bidder declares that he/she is acting on behalf of a third party, he/she shall continue to be fully liable to BPA in addition to such third party.
- During the Auction the horses will be sold by bidding, unless indicated otherwise. The starting bid for each horse will be determined by BPA.
- Once a bid for a horse has been made, this bid will remain valid until a possibly higher bid has been accepted.
- If the server of the Website awards the horse to the bidder, the horse will have been purchased and the bidder must pay the auction price including VAT (if applicable) and the applicable auction costs to BPA.
- The amount to be paid by the buyer will be calculated as follows:
Auction price in Euro + 4% auction costs + Vat @13.5% (if applicable).
Purchase price excluding VAT (here in after “the Purchase Price”)
Condition 4 – Payment
- BPA shall send the buyer an invoice for the purchase price (whether or not increased by VAT).
- An invoice of BPA must always be paid, without any suspension or set-off, in the currency of the invoice within five (5) days after the invoice date, which is a fatal term, into the bank account of Ballypatrick Auctions with bank account number to follow on the Invoice.
- If the buyer fails to pay an invoice in time, the buyer shall be in default by operation of law and he/she shall owe interest for overdue payment of 1% per month, taking into account that a part of a month shall be considered as a full month.
- All the judicial and extrajudicial costs to be incurred by BPA in order to collect its invoices shall be for the buyer’s account. Extrajudicial costs will be charged to the buyer at a flat rate of 15% of the amount to be collected, with a minimum of EUR 250.00.
Condition 5 – Acceptance of the horses
- The horses are auctioned “as is, where is” or “in the state in which – and how and where – they are” at the time of the Auction.
- BPA does not give any guarantee with respect to the horse’s future sporting abilities or state of health. All the risks in this respect are the sole responsibility of the buyer.
- Before the auction every horse has been examined clinically and with the help of X-rays by Troytown Veterinary Services. The X-ray images made by Troytown Veterinary Clinic in that respect are accessible to everyone and can be checked and downloaded on the Website and be stored for own use. The assessment of the clinical examinations performed by Troytown Veterinary Clinic can also be accessed and checked on the Website by everyone.
Condition 6 – Delivery and performance
- All the risks of the horse shall pass to the buyer immediately after the bid has been allocated.
- The owner ship of the horse shall pass to the buyer as soon as the buyer has paid everything, he/she owes to BPA under the agreement(s) concluded within the scope of the auction.
- After the auction and the receipt of the purchase price (whether or not increased by VAT) by BPA, the buyer and BPA will agree the time and manner of the actual delivery of the horse. Unless agreed otherwise between BPA and the buyer, the horse will be picked up by the buyer at the location of BPA. The actual delivery of the horse must in any event take place within seven (7) days after the Auction. After these seven (7) days, BPA is entitled to charge the costs of stabling and maintenance of the horse, being an amount of EUR 1500.00 per month, to the buyer.
- If desired, the buyer must take care of insurance of the horse for risks that may unexpectedly arise to the horse such as for, however not limited to, transport risks, disease, death, accident and (permanent) disability due to sickness, shortcomings or otherwise. BPA shall not arrange for such insurance. However, we have a link on our site to an insurance provider.
Condition 7 – Liability
- BPA shall not be liable for any damage resulting from the auction and/or occasioned by or caused within the scope of the performance of the agreement, except in the case of intentional misconduct or gross negligence of BPA.
- BPA shall not be liable for the occurrence of damage due to any accident that happened in, on or in the vicinity of the sites or buildings where the horses can be inspected and tried out or where the purchased horses can be picked up, except in the case of intentional misconduct or gross negligence of BPA. Persons who access the sites and buildings of BPA shall do so at their own risk.
- BPA shall not be liable for damage caused by the provision of incorrect and/ or incomplete information, regardless of the nature and size of such damage and the provided information and regardless of the origin of the information, except in the case of intentional misconduct or gross negligence of BPA.
- If Ballypatrick Auctions should be liable for any damage, then its liability is limited to the amount paid out in the specific case by the insurance company of BPA plus the deductible under this insurance policy.
- If and in so far as no payment should be made by the insurance company of BPA for any reason, its liability shall be limited to a maximum amount of €2,500.00.
Condition 8 – Claims for damages
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 BPA is or could be liable.
Condition 9 – Third parties
- Ballypatrick Auctions is free to make use of the services of third parties for the purpose of the agreement in the way considered necessary by it for the performance of the agreement.
- BPA shall not be liable for any short coming and/or mistake of such third parties, except in the case of intentional misconduct or gross negligence of BPA.
- The buyer shall indemnify BPA against third party claims.
Condition 10 – Force majeure
- In the case of force majeure, BPA has at its own discretion the right to suspend the fulfilment of its obligations under the agreement or to terminate the agreement partially or entirely without judicial intervention by notifying the buyer hereof in writing and without the obligation of BPA to pay any compensation in that case, unless this would be unacceptable in the circumstances by standards of reasonableness and fairness.
- The term force majeure means, in accordance with the usual interpretation in custom and practise of a shortcoming that cannot be attributed to BPA, as it is not due to its fault and is not for its account by law, legal act or general practise.
Condition 11 – Personal data
For the establishment and performance of the agreement, BPA requires the buyer to provide his/her personal data. The buyer’s personal data will be processed by BPA in conformity with the General Data Protection Regulations.
Condition 12 – Right of withdrawal for consumers
- A consumer can withdrawal the agreement without giving any reason within fourteen (14) calendar days (hereinafter “the cooling-off period”). The cooling-off period will start on the day after the consumer received the horse.
- During the cooling-off period the consumer will carefully handle the horse.
- When the right of withdrawal has been excised by the consumer, he/she has to return the horse immediately, and in any event within fourteen (14) days after he/she informed The Auction of his/ her exercise of the right of withdrawal, to BPA in conformity with the reasonable and clear instructions given by BPA.
- When the right of withdrawal has been excised by the consumer, the costs and risk of returning the horse shall be for his/her account.
- When the right of withdrawal has been excised by the consumer, BPA shall reimburse the sums paid by the consumer within the scope of the agreement as soon as possible, but in any event within thirty (30) days after BPA received the horse.
Condition 13 – Applicable law and competent court
- The legal relationship between BPA and the buyer, including any liability claims, shall be governed by Republic of Ireland laws.
- Any dispute arising from or relating to the legal relationship between BPA and the buyer shall be resolved by the competent court in the jurisdiction of Ireland.