General Terms and Conditions
I. GENERAL INFORMATION
The operator of the website operating under the Internet address http://dressurzentrum.auction (hereinafter referred to as the “Website”) and the organizer of the online auctions (hereinafter referred to as the “Organizer”) the Dressurzentrum Ló és Lovas kiképző, Lóértékesítő Kereskedelmi és Szolgáltató Korlátolt Felelősségű Társaság registered under the Company Registration Number Cg.08-09-027517 (registered office: 9231 Máriakálnok, Ádám Zoltán utca 4., Corporation Tax Reference Number: ..., represented by: LOSONCZY Anikó, Managing Director). Contact details of the organizer: e-mail address: [email protected], telephone number: + 36-706331316, postal mail address is the same as the registered office address.
The general rules of the legal relationship between the users of the website, the Sellers and Buyers, and the Service Provider are contained in these General Terms and Conditions (hereinafter referred to as the GTC). Valid derogations from the GTC can only be made in writing. If the GTC differs from the other terms and conditions of the individual contract concluded in writing by the parties, the latter shall become part of the contract as a special individual term.
The Organizer does not sell only its own horses and other movables on the Website; the Organizer does not perform any sales activity concerning these movables. The task of the Organizer - as an Authorized Intermediary - is to carry out the sale (auction), to prepare the offer of the buyer and the seller respectively, as well as coordinating the acceptance of the offer.
II. PROCEDURE AND COURSE OF THE ONLINE AUCTION
II.1. User account, registration, login
Participation in the auction is allowed only and exclusively for natural or legal persons pre- registered with the Organizer (hereinafter referred to as the “User”). Registration can be initiated under the "Registration" menu of the Website. During registration, the User is obliged to provide honest and complete answer to all questions asked by the Organizer in the online registration form and to attach a true and complete copy of documents required by the Service Provider. The User shall be liable for any damages resulting from incorrect or incorrectly provided or false information.
Before making a substantive statement or performing implied conduct (especially but not exclusively: tendering, bidding, acceptance of an offer, order, etc.), the User may unilaterally cancel the registration on the site in the "Cancel registration" menu at any time and without due justification. In this case, all data registered by the User will be permanently and irreversibly deleted. If it is not possible to delete the data due to an ongoing legal transaction, the deletion of the data shall be governed by a separate agreement of the parties and the relevant legal provisions.
Registered Users will receive a unique password to log in to the site, to make statements on their own behalf, and to certify implied conduct. The User is obliged to keep his / her own password secret, and the Service Provider excludes any liability arising from the disclosure of the password to third parties.
Only adult citizens of legal age can register on the site. In the case of representation, it is necessary to prove the existence of the representation with at least a private document of full probative value. The representative must notify the Service Provider of the termination of the representation immediately, in a way that can be proved beyond a reasonable doubt.
II.2 PROCEDURE OF THE ONLINE AUCTION, CONCLUSION OF THE CONTRACT
II.2.a / Call for proposals
Each online auction on the Website starts with a call for proposals issued by the Organizer acting on behalf of the Seller (hereinafter referred to as the “Call”), which is a declaration of intent that the Seller intends to enter into a sale contract at a minimum sale price (“put-up price”) declared in the Call. The Call also contains the deadline for Bidding (end of Bidding), during which eligible registered Users can submit a Bid. Until the closing of the auction, the Seller accepts the highest, validly and effectively made Bid, which complies in all respects with the present GTC, and which exceeds the put-up price. A Bid that does not reach the put-up price is invalid.
II.2.b / Bidding
Only registered users as Bidders (hereinafter referred to as the “Bidders”) may submit a valid purchase proposal (hereinafter referred to as the “Bid”). Bids can only be made online on the interface of the Website designated by the Service Provider. A statement of proposal made by other means is also deemed to be invalid even if the Organizer has otherwise received it during the Bidding period. The Bidder shall accept the conditions included in these GTC, as well as any individual conditions for the specific proposal and the Seller's right of withdrawal in order to fulfill the conditions for the validity of the Bid. The Seller is also entitled to make a Bid.
The Bid must exceed the previous valid Bid made in the auction by the minimum bidding increment. The amount of the minimum bidding increment is EUR 500, i.e. five hundred Euros.
A Bid that meets the conditions must be received by the Organizer by the end of the Bidding period indicated by the Organizer. The Bidder bears the risk and responsibility for submitting the Bid, including late bidding, even if it does not occur for technical reasons on the Bidder's side.
The Bidder acknowledges and accepts that the submitted Bid qualifies as an offer pursuant to Section 6; 64 of Act No. V of 2013 of the Civil Code (hereinafter referred to as the “Civil Code”), according to which the Bidder is bound by the Bid.
II.2.c / Submission of a Bid
Prior to the submission of the Bid, the contents of the Bid, including customer data, may be reviewed, checked and corrected by the Bidder on the summary page. By clicking on the “Submit Bid” button, the Bidder is responsible for the content of the Bid submitted by he or she, and this Bid is binding as described in Section II.2.b/. Upon successful submission of the Bid, the Bidder will receive an automatically generated e- mail from the Organizer to the e-mail address provided at registration, confirming that the Organizer has received his or her Bid. The confirmation e-mail contains the most important details of the Bid. The confirmation e-mail does not certify that the Bid was received by the Service Provider within the deadline, moreover, this confirmation does not mean the acceptance of the Bid, neither the conclusion of the Contract, but only acknowledges receipt of the Bid.
The Bidder's Bid is invalid if a higher valid Bid is submitted at the given auction than its Bid, including a new Bid submitted by the Bidder.
The Buyer accepts the valid Contract for the sale of the horse to be sold at the auction with the actual highest Bid price after the end of the Bidding period, thus the Sales Contract is concluded with this Buyer. The Service Provider is not obliged to send a notification concerning an unsuccessful Bid that has not been accepted.
II.2.d/ Conclusion of the Contract
The Service Provider shall notify of the acceptance of the Bid the Bidder submitting a valid Bid containing the highest purchase price by e-mail within 24 hours after the closing of the Bidding. The notification contains the provisions of Section 6; 66 of the Civil Code. By accepting the Bid, the Sales Contract (hereinafter referred to as the “Contract”) is concluded without any further legal statements under Section 6; 69 (1) of the Civil Code between the parties based on the data published in the Bid, the statement of acceptance, these GTC, and the auction. The contracting parties shall consider the receipt of the statement of acceptance in the electronic mailbox provided by the Bidder during registration as the entry into force of the statement of acceptance.
The Service Provider shall publish the amount of the highest Bid validly submitted on the auction page after the closing of the Bidding in an anonymous manner - without designation of the Bidder.
II.2.e/ Suspension, blocking of the User or the auction
The User expressly accepts at registration and acknowledges that the Organizer, without justification, in its sole discretion, reserves the right to block, exclude or suspend the User - including the Bidder – either for a bidding or for the entire auction or from the Website, temporarily or even permanently, in order to enforce the legitimate interests of the other Users and participants and guarantee the purity of the auction.
The Organizer is entitled to stop, suspend or declare the auction invalid if it detects a serious breach of contract or is required by other objective circumstances, in particular a technical error or unauthorized access.
Based on the above, the Organizer expressly reserves the right to withdraw its Call for Proposals or a Bidding. The decision concerning a withdrawal, suspension or invalidation shall be published by the Organizer on the Website, if possible together with the given reason. At the same time, Bids already submitted will become invalid without any separate legal notice. The Users expressly accept upon registration that the Organizer excludes any claim for damages arising from the invalidity or unavailability of the Bids for technical reasons.
II.2.f/ "Hotline" during the auction
During an ongoing auction, the Organizer operates a telephone hotline, and the Organizer or its representative can be reached at the expense of the caller during the period specified on the site and at the telephone number indicated there.
The hotline is only used to remedy errors and solve a problem related to the auction, and to answer questions, no valid Bid can be made or withdrawn, no commitment or contractual agreement can be concluded using the hotline.
III. AUCTION LOTS - HORSES
The auction catalog (hereinafter referred to as the “Catalog”) contains the following data and information about the horses put up for auction: a / name, b / age (date of birth), c / color d / height e / attachments: photos / videos / pedigree.
The Organizer cannot be liable for the accuracy of the above information provided by the Seller. The size designation is based on approximation only. Deviations from the actual size are possible. The Organizer is not responsible for the breeding ability of the horses offered for sale, the Organizer has not performed any such tests.
The horses put up for auction are in the custody of the Organizer, unless otherwise stated in the auction. Within the framework of the online auction, the horses cannot be inspected, examined etc. in person, unless the parties expressly agreed in advance.
Horses offered for sale undergo a general medical examination prior to the auction, and horses over 2 years of age undergo an X-ray examination. Registered users have access to the results of the tests performed. The Organizer recommends that the available findings be evaluated by the Bidder's own veterinarian. By submitting the Bid, the Bidder acknowledges that it had access to the health data, which was available to it.
IV. PURCHASE PRICE AND EXECUTION OF PAYMENT
The put-up prices indicated during the auctions are net prices. It will be indicated if the purchase price is subject to value added taxes. VAT is also indicated on the accounting documents.
The purchase price is calculated as follows:
- “hammer net price”, i.e. the highest valid Bid, which was accepted by the Seller or by
the Organizer on it behalf, - 6% auction commission calculated on the basis of the net hammer price, and the
current standard sales tax charged on the commission (currently 27%) - if it is charged on the purchase price, the current value added tax on the hammer price
The Bidder will receive the invoice in electronic form at the same time as the statement of acceptance or within 3 days thereafter. The purchase price can only be paid by wire transfer, and all banking costs shall be borne by the Bidder.
The Bidder, as the Buyer, is obliged to pay the full purchase price within a maximum of 14 days (due date) after receiving the invoice.
Upon late payment, the applicable default interest rate shall be the default interest provided in the Civil Code. If the Buyer does not pay the purchase price in full within 3 (three) days after the due date, the Seller is entitled to withdraw from the Contract with a unilateral legal declaration without any further notice or additional deadline. The Seller is obliged to send the statement of withdrawal to the e-mail address provided by the Buyer at registration. In this case, the Parties shall presume the loss of the Seller's interest, the Seller is not obliged to provide any proofs.
V. HORSE KEEPING, TRANSFER, PLACE OF PERFORMANCE, RISK OF INJURY
The Seller retains ownership of the sold horse until the full purchase price is paid. Ownership of the horse passes to the Buyer upon payment of the full purchase price (including commission and sales taxes as well) and when the horse is put into its possession.
Subject to the payment of the full purchase price, the transfer of possession of the horse is due no later than 3 (three) working days after the acceptance of the Bid – thus the conclusion of the Contract – at a time agreed in advance by the Buyer and the Organizer. The place of transfer shall be the place of business of the Organizer at the address 9231 Máriakálnok Ádám Zoltán u. 4. or another designated location in case another geographical location has been indicated in advance. The horse may be handed over to the Buyer or to his representative or carrier who holds a written authorization. The place of performance shall be in all cases this place of delivery. The Organizer will keep the horse at the risk and expense of the Seller until the handover. If the transfer of possession is not performed until the latest date specified for the transfer of possession for reasons attributable to the Buyer, or for reasons arisen on his side (in his area of interest), all related costs of custody, care and the risk of damage shall be borne by the Buyer from this date. The cost of custody and care is EUR 50 + VAT, i.e. fifty Euros and VAT per day started.
The Buyer shall select, commission and arrange for transportation at its own expense.
VI. DEFECTIVE PERFORMANCE
In the event of any “defect” of a horse participating in the auction, the provisions of the Civil Code shall apply. Seller is only liable for a defect in the animal that was already present at the time of the sale and was not known to the Buyer. The Seller shall not be liable for any illness or other defect of the animal after the sale, or which the Buyer should have been aware of, or should have known if an attentive procedure had been carried out. Nor is the Seller liable for any impairment that the Buyer should have expected based on the characteristics of the animal. If the Contract between the Buyer and the Seller does not qualify as a consumer contract, the warranty period is 1 (One) year.
VII. JURISDICTION, APPLICABLE LAW, SPECIFIED COMPETENCE
The contracting parties stipulate that the Hungarian law shall govern their present legal relationship, and in case of a legal dispute a Hungarian legal authority has jurisdiction and, depending on the particular jurisdiction, the jurisdiction of the Mosonmagyaróvár District Court and the Győr Regional Court shall apply.
The provisions of this section shall apply in the absence of a contrary legal prohibition concerning the specific legal relationship.
If the Contract between the Seller and the Buyer qualifies as a consumer contract, the Buyer, as a consumer, pursuant to the provisions II. 26. of Government Decree No. 45/2014 on the detailed rules of contracts between the consumer and the business shall have the right of withdrawal, the detailed rules of which are contained in separate documents, which are also available and can be downloaded from the Website.
VIII. DATA PROTECTION, COPYRIGHT
After registration by the User, we store the User's personal data. The data controller is the Organizer. The information is provided on a voluntary basis.
The range of personal data stored are the following: name, address (registered office), place and date of birth, mother's name, e-mail address, telephone number. Deletion of personal data can be requested from the Organizer. The purpose of data management is to prepare the Sales Contract and subsequently to fulfill all legal conditions.
Location of data storage: Equinix-Rechenzentrum Düsseldorf (Germany) and Dressurzentrum Kft. Máriakálnok (Hungary)
The entire Website, or any part of it, the Catalog, the photos, videos, graphics, descriptions and other documents used are the exclusive copyright of the Organizer. The use of these contents is allowed only with the prior and written permission of the Organizer.
IX. FINAL PROVISIONS
The Organizer reserves the right to modify or supplement the terms and conditions of future online auctions. In the case of ongoing auctions, the Service Provider will notify the Bidders by e-mail of any changes to the terms and conditions. The amended or supplemented conditions shall apply only if the Bidder submits another Bid after receipt of the notification.
The European Commission has set up an online dispute resolution platform (ODR platform). The purpose of the online dispute resolution platform is to settle disputes out of court arising from online contracts. You can access the ODR platform at the following link: http://ec.europa.eu/consumers/odr. The Service Provider is not obliged to participate in the settlement of disputes before the consumer arbitration panel.
If certain provisions of the present General Terms and Conditions are or become invalid or unenforceable, this shall not affect the validity of the remainder of the Contract. An invalid or unenforceable provision is replaced by the underlying legal provisions. The same applies if the Contract proves to be incomplete.
Date: Hungary, Máriakálnok, May 14, 2020