These terms and conditions apply to online auctions held by Blue Hors ApS, Tørskindvej 70, 7183 Randbøl, Denmark, business reg. no. 15 50 47 49 (“Blue Hors”).
Everyone who wants to participate in an online auction must register in advance by creating an account on the website. A consumer (a private individual) must state name, address, telephone number and email address. A company must state the company name, address, and registration no. as well as the name, telephone number and email address of the employee that will act as contact person. (In these terms and conditions, a participant – whether a consumer or a company – will be referred to as the “Participant”.)
The contact information provided is used by Blue Hors to issue an invoice in connection with a Participant’s purchase of a horse on an online auction. Blue Hors is entitled to check the accuracy of a Participant’s contact information and may, at any time, exclude a Participant who has given false or misleading information or otherwise acted in a manner that is considered unacceptable by Blue Hors.
Each Participant has a personal username and password that is used to log in to the Participant’s account. A Participant must always keep in confidence the login details and may not disclose such to a third party. A Participant is bound by all purchases made from the Participant’s account, e.g. if the Participant has been authorised by a third party to purchase a horse on behalf of such third party, but also in case of unauthorised use by a third party of the Participant’s account if the Participant has caused a third party to get access to the Participant’s account. Blue Hors is not responsible or liable for any loss or damage related to the unauthorised access or use of the Participant’s account by a third party.
- Information and inspection
Before submitting a bid, the Participant is encouraged to read all information about the horses that are for sale at the online auction, including x-ray report and the pre-sale veterinary examination report. It is also possible to receive additional information and/or make an appointment to inspect a horse by sending an email to Blue Hors at the following email address: email@example.com. A Participant is obliged to comply with all directions and rules at the place of inspection. The inspection takes place at the Participant’s own risk.
Blue Hors reserves the right, without liability, to correct errors or inaccuracies in the information provided about the horses, in the auction terms and conditions and/or in any other documentation that Blue Hors has provided in relation to the online auction.
Blue Hors also reserves the right to withdraw a horse from the online auction, or to prolong or repeat an online auction in case Blue Hors suspects that the online auction has been affected by abuse, misuse, errors, mistakes, technical or other issues in a manner deemed unacceptable to Blue Hors. Likewise, if no bid is above the minimum sales price that Blue Hors has set for the horse.
Blue Hors assumes no liability or responsibility for delays, cancelled auctions, service disruptions or malfunctions of any kind.
VAT (in Danish: “moms”) of 25 percent of the purchase price is added to the final purchase price, unless the Participant is VAT exempt in Denmark. If the Participant is a company that is VAT registered in another EU country, Blue Hors can issue an invoice without VAT, if the Participant provides documentation that the horse is transported to another EU country immediately after conclusion of the purchase.
A Participant is bound by its highest (and latest) bid submitted by the Participant unless (and until) a higher bid is placed. The Participant that has submitted the highest bid when the online auction is completed is the winner of the online auction and will automatically receive an email with confirmation. Subsequently, Blue Hors will send an invoice to the Participant. The invoice is due within 5 days. If the invoice is not paid in due time, Blue Hors will send a reminder to the Participant. If the Participant still fails to pay the amount due, Blue Hors will send a demand letter in accordance with section 10(3) of the Danish Debt Collection Act (in Danish: “inkassoloven”) and may further charge an administration fee. The Participant’s auction account will then be blocked, and Blue Horse will be entitled to sell the horse to another bidder from the relevant online auction. The Participant will be liable for any loss that Blue Hors suffers in this connection. If the Participant fails to pay within ten days from submission of a demand letter, the claim will be submitted to a debt collection agency without further notice, and the Participant may incur additional costs. Blue Hors is entitled to interests from the due date.
When Blue Hors has received the purchase price, inclusive of VAT, title to the horse will pass to the Participant, and the Participant can collect the horse at Blue Hors’ address. (If it is a foal, it can be collected when it is old enough to leave the mare. The Participant and Blue Hors will make a separate agreement in this respect.) Blue Hors reserves the right to withhold the horse until full payment has been made and registered at Blue Hors’ account. If the Participant does not collect the horse within 5 days from conclusion of the sale, Blue Hors may charge EUR 10 per day for stabling, feed etc. from the Participant.
The risk of deterioration or accidental loss (death) of the horse passes from Blue Hors to the Participant when the Participant collects the horse; more specifically when the Participant or the Participant’s representative takes the lead rope of the horse.
The horse passport, certificate of ownership and other relevant documents concerning the horse will be handed over to the Participant when the Participant collects the horse.
The Participant will make sure to take out and maintain any mandatory liability insurance required by applicable law, from the time of collection of the horse. Likewise, the Participant will register change of ownership of the horse within 30 days from the Participant’s payment of the horse.
Blue Hors does not provide any defects warranty or other warranty, including for the potential and/or development of a horse. The Participant cannot make a defects claim in respect of conditions that are described in documentation that the Participant has had access to prior to conclusion of the online auction, including the horse catalogue, the x-ray report, the pre-sale veterinary examination report and any other material provided by Blue Hors. Moreover, the Participant cannot make a defects claim in respect of conditions that the Participant discovered or should have discovered during the Buyer’s examination of the horse.
If the horse has a material defect that entitles the Participant to terminate the agreement, the Participant will – once the horse has been returned to Blue Hors – be entitled to repayment of the purchase price as well as compensation for costs incurred by the Participant for stabling, feed, veterinary treatments, insurance etc. up to a maximum of EUR 10 per day from the Participant gives notice of the defects to Blue Hors and until the agreement is finally terminated.
- Notice of defects
If the Participant is a company, the notice period in respect of defects is two weeks from the date when the Participant discovered or should have discovered the defect. The absolute final date for giving notice of defects is one year from conclusion of the sale (payment of the purchase price).
If the Participant is a consumer, the notice period in respect of defects is two months from the date when the Participant discovered the defects. The absolute final date for giving notice of defects is two years from conclusion of the sale (payment of the purchase price to Blue Hors).
After the absolute final date for giving notice of defects (one year for a company and two years for a consumer), a Participant cannot make a defects claim regardless of when the Participant discovered a defect in the horse.
The Agreement is governed by and construed in accordance with Danish law, without regard to any principles of international private law that may lead to the application of another law.
Any dispute arising in connection with the Agreement shall be resolved by the ordinary courts of Denmark, unless the Parties agree – after the dispute arises – that the dispute shall be resolved by equine arbitration in accordance with the general rules of arbitration issued by SEGES from time to time or the rules for extended equine arbitration.
Notwithstanding the above, the Parties agree to seek to resolve any dispute as promptly as possible through dialogue and negotiation and with due regard to the fact that the subject-matter of the sale is a live animal.
- Right to cancel
A Participant that is a company has no cancellation right and cannot withdraw from the sale.
A Participant that is a consumer has a 14-day cancellation period when buying a horse at a Blue Hors online or auction. The cancellation period begins on the day when the Participant – or a third party designated by the Participant – gets the horse in its possession. If the cancellation period expires on a public holiday, a Saturday, a Sunday or on 5 June (the Danish Constitution Day), the cancellation period will be extended and expire on the following business day.
To make use of the cancellation right, the Participant must give notice thereof to Blue Hors before expiry of the cancellation period. The notice must be unambiguous and in writing. The Participant may use Blue Hors’ standard cancellation form which is forwarded to the Participant upon request.
If the Participant makes use of the cancellation right, Blue Hors will return the purchase price to the Participant, without undue delay, and in any case within 14 days from the date when Blue Hors has received notice thereof from the Participant. Blue Hors will use the same payment methods as the Participant used in the original transaction unless the Participant has expressly agreed to another payment method. The Participant will not have to pay any fees in this relation. Blue Hors may withhold the amount until the horse has been returned to Blue Hors.
The Participant must return the horse to Blue Hors without undue delay and in any case within 14 days from the date when the Participant has notified Blue Hors of the decision to make use of the cancellation right. The Participant shall pay the expenses directly associated with the return of the horse.
The Participant is liable for any decrease in the value of the horse that is caused by the Participant.
Any complaint about goods or services can be made to the Centre for Dispute Resolution, the Danish Appeals Board Authority (in Danish: “Nævnenes Hus”), Toldboden 2, 8800 Viborg, Denmark, when the purchase price is less than DKK 100.000. A complaint can be made to the Danish Centre for Dispute Resolution by use of the Complaints Portal of the Danish Appeals Board Authority.