1. The Klearound Auction (hereinafter referred to as the auction) is organized by Klearound SRL, whose registered office is located at 105 Rue Provinciale, 7760 CELLES, Belgium. Horses/ponies, foals, embryos, equipment and materials related to equestrian sports, transport and care equipment, hereinafter referred to as the "goods" are offered for sale.
2. To participate in an auction, the buyer/bidder must register via the website www.klearound.com. By registering, the buyer unconditionally accepts these auction conditions.
3. The buyer guarantees at all times the accuracy and completeness of the information provided by them. The username and password used by the bidder in the auction are strictly personal and may not be transferred to third parties by a bidder.
4. Klearound sells horses in its own name as well as in the name and on behalf of third parties. Klearound Auction acts as an auction service, acting as an intermediary between the seller and the buyer. A purchase agreement is concluded solely between the seller and the buyer.
5. The sale is concluded under Belgian law through an auction and award to the highest bidder. Each time a bid is made, a confirmation email is sent with the expected settlement amount. The settlement amount is composed as follows: the hammer price (plus or minus 21% VAT, depending on the seller's VAT regime, always stated in the listing of the property for sale, or depending on the buyer's VAT regime) + 5% commission on the hammer price (excluding 21% VAT), except in the case of exceptional offers. Bids and payments are made in EUROS.
6. You will find an indicative closing time for the auction per foal/horse on the website.
7. When purchasing an embryo, the auction fee is increased by €4,000. This amount serves as a guarantee for the mare. This guarantee is refunded upon delivery of the mare in good health, confirmed by a veterinary inspection.
8. By submitting a bid, the bidder agrees to pay the invoice amount, unless a higher bid is subsequently placed.
9. Provisional allocation is subject to the condition precedent of the seller's approval. The final sale is confirmed within 24 hours of the auction closing. The auction fee is immediately due after allocation and must be paid no later than 5 days by bank transfer.
10. Klearound Auction will send the buyer a confirmation email with details of the auction fee. An invoice is also issued to the buyer.
11. The goods are sold in the condition they are in at the time of the auction, without any special offer or discount. For each horse/pony, a veterinary report dating back a maximum of one year may be consulted. If withers heights are indicated, these are always given as a guideline, and the buyer cannot derive any specific rights from them. Sellers offer their horses for auction free of defects, except for those noted in the veterinary report.
12. The transfer of ownership of the horse takes place when Klearound Auction has received full payment of the purchase price from the buyer; until that time, the seller retains ownership of the horse. After the auction and payment to Klearound Auction, the buyer and seller agree on how and when the auctioned item will be delivered. A foal is delivered at the earliest at the age of four months. The above and the consequences of non-delivery and/or incorrect delivery are the explicit responsibility of the seller and the bidder/buyer, not Klearound Auction. First, upon physical delivery of the horse to the buyer or transport company, the risk regarding the horse transfers from the seller to the buyer immediately, unless otherwise agreed in writing between the seller and the buyer. The seller is obligated to ensure delivery within the country, after full payment. Delivery costs abroad are the responsibility of the buyer/bidder. Additional costs, such as blood tests and lab tests, will also be charged to the buyer. The buyer must sign an acknowledgment of receipt to confirm receipt of the horse.
13. If the buyer notices defects in the purchased horse, such as tics when walking or leaning, or swaying, which are not mentioned in the veterinarian's report, the buyer must notify Klearound Auction in writing no later than 7 days after delivery, describing the nature of the defects. The horse will then be examined by a veterinarian designated by Klearound Auction for the defects described by the buyer. The veterinarian must ascertain the nature and severity of the defects. If, according to the veterinarian, the defects described by the buyer are indeed present, the sale will be dissolved or canceled.
14. If the buyer fails to report the defects in question in the manner indicated within 7 days of delivery and/or if the veterinarian fails to ascertain these defects, the buyer loses their right to cancel the sale or to invoke a defect of consent, unless otherwise provided by law and/or case law.
15. If the purchased horse is intended for export, a blood sample may need to be tested, as required by live animal export legislation. The buyer is responsible for obtaining the laboratory results. Klearound Auction will assist in transmitting the blood sample to the Böse laboratory. If the test results show that export is not possible, the buyer has the right to cancel the sale.
16. The sale may be terminated or canceled in accordance with applicable legal provisions, provided these terms and conditions do not deviate from them.
17. Klearound Auction assumes no liability for the accuracy of the information contained in the veterinary report, including any attached (additional) findings. If a potential buyer wishes to have an additional examination performed by a specific veterinarian, this is possible at their own expense, after requesting an appointment for this examination before the auction closes.
18. Klearound Auction excludes all liability, except in cases of willful misconduct or gross negligence on the part of Klearound Auction and/or any person working or having worked on its behalf. All fees, rates, commissions, and compensation are based on current tax legislation. Should the law change at any time, Klearound Auction is authorized to adjust all costs, fees, commissions, and compensation.
19. Neither the seller nor the buyer may derive any rights from the fact that the auction organization selected the horses.
20. The information concerning the horses is intended to give an impression of the quality of the horses, without claiming to be complete, and therefore provides no guarantee. In describing the goods on the corresponding page on its catalog website, Klearound Auction relies on information provided by a seller or third parties regarding the goods in question. Klearound Auction declines all responsibility for any clerical and/or material errors in the auction collection on its website.
21. The sale is conducted under Belgian law. In the event of any dispute, only Belgian law will apply, and only the courts of Tournai will have jurisdiction to hear such disputes.
Only the French version is valid, the English version is only informative
