Online Auction Regulations

 

INTERCARPATHIA AUCTION ONLINE

I.

1. INTERCARPATIA ONLINE AUCTION, hereinafter referred to as the Auction, is organized through the IT system on the ClipMyHorse.TV platform.

2. The Organizer of the INTERCARPATHIA AUCTION ONLINE is Stadnina Koni Kalników Sp. z o.o., located in Kalnikow, 37-724 Kalników, Poland. NIP 7951009524, e-mail address: intercarpathia@gmail.com, hereinafter referred to as the Organizer.

3. The Organizer sells the horses put up for auction on behalf of the horse owners.

4. The Organizer decides on the Auction, the regulations, the date, the course and all its aspects, as well as the opening or closing of the Auction.

5. Accepting the rules is tantamount to agreeing to the online exchange of documents, in particular contracts, statements, declarations, trade documents and others.

6. The Organizer will inform the interested parties about the start and end dates of the Auction on the online platform and on the website www.intercarpathia.com.

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II.

1. The subject of the sale represents horses offered by the owners, in particular horses participating in the INTERCARPATHIA TOP HORSES - POLAND CHAMPIONSHIP event, during which they were evaluated by a commission. (The subject of sale in the regulations will be called a horse.)

2. The owner of the horse who has entrusted the Organizer with the sale of the horse at the INTERCARPATIA ONLINE AUCTION is hereinafter referred to as the Seller.

3. The seller submits an offer for sale using the online form available at www.intercarpathia.com. The Organizer is not responsible for the operation of the online form and technical problems related to the operation of the system.

4. The condition for submitting an online application for an offer is acceptance of the auction rules and filling in all required fields.

5. The required documents and detailed conditions of sale will be sent by the Organizer to the Seller by e-mail.

6. The Seller authorizes the Organizer to sell the horse at the Auction under a separate agreement, which will indicate the detailed terms of cooperation between the Organizer and the Seller.

7. The Organizer selects and compiles a catalogue of the offered horses. Selection is based on horse origin documents, passports issued by breeding societies and other documents and declarations provided by the Sellers.

8. The Organizer reserves the right to check and select offers. He reserves the right to remove the horse from auction without giving any reason and without any obligation.

9. The description of the characteristics and predispositions of the horse are made on the basis of the information provided by the Seller, and the Organizer reserves the right that this description does not guarantee the possession of the characteristics, predispositions or capabilities declared by the Seller. Consequently, none of the parties has the right to make any claims against the Organizer.

10. The Organizer is not responsible for the health of the horses offered for sale by the Sellers.

11. The Organizer obliges the Seller to carry out the clinical and radiological examinations offered by the Horse Sellers. The Seller undertakes to transfer to the Organizer the originals of the protocols and the results of veterinary tests.

12. The Organizer will provide the Seller with the opportunity to carry out veterinary examinations during the Intercarpathia Top Horses. When presenting a horse to an authorized veterinarian, he performs clinical and radiological examinations and checks the transponder number.

13. Only horses that have a positive veterinary examination, both clinical and radiological, can participate in the auction, which is confirmed by the protocol of the veterinarian authorized by the Organizer.

14. The stated health status of the horses is based on the protocols of the veterinary examination, both clinical and radiological, carried out by an

authorized veterinarian. The Horse Health Declaration provided by the Organizer is limited only by the scope of the veterinarian checks, the content of which is specified in the Veterinary Protocol, which will be available for viewing on the Internet with each horse put up for sale. ... The organizer makes no representations about any other health-related circumstances of the horse. Any claims regarding the health of horses are brought by the Buyer to the Seller.

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III.

1. The auction is conducted in Euros (EUR).

2. The condition for participation in the auction is registration on the appropriate trading platform, creating an account and accepting the rules.

3. Individuals over 18 years of age who have full legal rights, as well as organizational units without a legal entity, but are able to acquire rights and assume obligations on their own behalf, can participate in the auction.

4. A person joining an auction, which is equivalent to submitting an offer, is called a Bidder.

5. The Organizer approves the bidders and has the right to require a deposit to verify the veracity of the bidders.

6. The person who submitted the highest bid approved by the Organizer, equal to or exceeding the minimum price, is hereinafter referred to as the Buyer.

7. Submitting the highest bid, which is higher than or equal to the minimum price, is tantamount to entering into a sales contract.

8. The price reached at the auction is the net selling price. This amount is increased by VAT in accordance with the Seller's tax status.

9. In addition to the sales price, the Buyer is obliged to pay the Organizer a commission of 10% of the net sales price, to which the Organizer will add VAT.

10. The Organizer has the right to accept payment for horses put up for auction.

11. The Organizer will provide the Buyer with an electronic form document on the sale of the horse for the amount of the sale price, the amount of the commission + VAT.

12. The Buyer pays the Organizer the entire remittance to the Organizer's account, that is, the selling price plus VAT together with the Organizer's commission, within 5 days of purchasing the horse at the Auction, to the bank account number given by the Organizer.

13. If the Buyer fails to pay the amounts due for the purchase of the horse on time, the Bidder who submitted the last offer (the last highest offer below the selling price) may enter into the rights and obligations of the Buyer.

14. The horse can be transferred to the Buyer only if funds are credited to the Organizer's account.

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IV.

1. Responsibility for the horse passes to the Buyer on the strike of the hammer, that is, at the end of the auction.

2. The ownership of the horse passes to the Buyer only after all liability has been paid, that is, the sale price, including the Organizer's commission and VAT.

3. After payment of the estimated amount, the Organizer informs the Buyer of the horse's location address.

4. The seller leaves the horse at his own expense within 14 days from the end of the auction, after which the cost of maintaining the horse will be transferred to the Buyer.

5. The buyer must collect the horse within 14 days after the end of the auction. The collection is at the expense of the Buyer.

6. The Seller declares that no new circumstances related to the health of the horse occurred during the collection of the horse, which will be documented in the protocol of the collection of the horse signed by the Seller and the Buyer.

7. The buyer has the right to issue a power of attorney to receive the horse to another person. Detailed information about the person who picks up the horse will be provided to the Organizer 2 days before the scheduled collection. The organizer will provide the Seller with the data of the recipient. The seller has the right to check the data of the recipient.

8. If the condition of the horse's health is of concern to the Buyer, the Buyer is obliged to refrain from collecting the horse and immediately notify the Organizer.

9.In case of a horse returning, regardless of the reason, the commission due to the Organizer is not refundable. 

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V.

1. The auction starts and ends on the specific date and time specified in the announcement on the relevant platform and on the website www.intercarpathia.com. During this period, bidders can place bids by clicking the Bid field. By clicking on the "Bid" field, the bidder submits a declaration of will, which is an offer to buy a horse at the price specified by him.

2. The starting price is 6000 euros. However, this is not the same as the reserve price.

3. The seller indicates the minimum price at which it will be possible to sell successfully.

4. The following minimum increments are hereby set:

- up to 10,000 euros - a step of the rate of 500 euros.

-from 10,000 euros - 50,000 euros - in increments of 1,000 euros.

-from 50,000 euros - 100,000 euros - in increments of 2,000 euros.

- over 100,000 euros - the rate is 5,000 euros.

5. The auction ends on the date and time specified in the announcement on the website www.intercarpathia.com. If the bid increases in the last 5 minutes before the end of the auction, another 5 minutes will be added.

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VI.

1. The administrator of the personal data of bidders - individuals is the Auction Organizer. The personal data of Sellers and Bidders is processed by the Auction Organizer for purposes related to the organization of the auction, the provision of media and accounting services, as well as other activities necessary for the conduct of the auction, in accordance with the provisions on the protection of personal data, in particular the Regulation of the European Parliament and Council (EU) 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, as well as on the repeal of Directive 95/46 / EC (hereinafter “GDPR”).

2. We inform you about the possibility of withdrawing consent, condition for withdrawing consent is to send information to the Organizer's e-mail address.

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VII.

1. Polish is a compulsory language. The interpretation of the treaty is valid in Polish. The Regulations have been drawn up in Polish, which is the language of document flow. The English translation is for information only.

2. The Regulations are available to the Bidder and the Seller without time and territorial restrictions in the Auction Service and on the website www.intercarpathia.com.

3. The organizer of the auction reserves the right to amend the content of the Regulations taking into account the protection of acquired rights.

4. If any of the provisions of the Rules are or become invalid or ineffective, this does not violate the validity of the remaining provisions.

5. The parties undertake to resolve any possible disputes through mutual negotiations, and in case of failure to reach an agreement, these disputes are referred to a court of general jurisdiction at the location of the Auction Organizer.

6. The Regulation comes into force on 11.01.2021.