Auction Terms

Auktion med kvalitetshästar från det världsledande stuteriet Lewitz

Auction Terms at Flyinge Open Sales Saturday November 14, 2020

  1. General
    1. These auction conditions (“Auction Terms”) are valid at the Flyinge Open Sales 2020 Online Auction of PS Flyinge & Partners AB (“Auction Transactor”), org no. 556880-0311, in the Hunneberga, Eslövs Municipality, Saturday, November 14, 2020. Auction participants (such as bidders and Buyers) and vendors accept through their participation in the auction the application of these Auction Terms, and the Auction Terms shall apply as contract terms upon purchase of a horse at the auction.
    2. Auction bidding occurs online through the WeAuction web service, or, subsequent to pre-registration with the Auction Transactor, by phone or on location in the Hunneberga auction room. 
    3. The Seller in this agreement refers to the owner of the horse offered for sale at the auction, PS Flyinge & Partners AB. The Buyer, in this agreement is the bidder who places the highest bid at the auction regarding a particular horse and consequently wins the bidding. 
  2. Information and Pre-purchase Survey and more.
    1. The information regarding the horse for sale on the auction transactor can be found in the on-line auction catalogue’s website, https://bid.flyingeopensales.com/auctions. Horses for sales at the auction are listed in the digital auction catalogue with auction number. 
    2. Horses have been examined by a veterinarian and X-rayed prior to the auction. A copy of the veterinary report and X-rays are available for auction participants prior to the auction and can be obtained upon request. Seller is not responsible for the veterinary opinion regarding the horse. 
    3. The horse is sold in existing condition. It is the responsibility of the Buyer to assess and examine the horse before the auction. A veterinary report is indicative only for the Buyer and does not release the Buyer from his or her obligation to examine the horse. Questions about the horse can be directed to the Seller or representative.
    4. Horses are insured by Agria Animal Insurance until picked up by the Buyer. 
    5. The Seller or representative is responsible for providing correct and accurate information regarding the horse in the digital auction catalogue as well in other ways prior to auction. Further, the Seller is responsible for having the right to sell the horse at the auction. 
    6. The Law on Remote Contracts and Agreements outside of Business Premises (Sw: Lagen om distansavtal och avtal utanför affärslokaler, SFS 2005:59) is not applicable to purchases made at auction. Buyer shall not be entitled to withdraw from the contract through the so-called Right of Return.
  3. Asking Price and Bidding 
    1. The Seller is registered for value added tax (VAT) in Sweden. 
    2. The asking price for the horse is listed in the digital auction catalogue. The asking price represents the lowest price the Seller will accept to sell a horse.
    3. Bidding should be done in Euros. A bid should be submitted online, by phone or, for bidders who participate in the auction room, by clearly speaking up. The auction transactor has the right to disregard from bids. 
    4. Any bid submitted during an auction shall be deemed waived excluding commission and statutory value added tax. The bidder is bound by the submitted bid until another higher bid has been submitted. 
  4. Price
    1. The person who has submitted the highest bid, which exceeds the asking price, at the end of bidding for the horse has for this price (“Clubbed price”), plus VAT of 25 per cent of the Clubbed price, and a commission of six (6) per cent of the Club price plus VAT of 25 per cent on this commission (“Total price”) entered into a binding agreement on the purchase with the Seller. The Auction Transactor is not responsible for tax consequences for the Buyer who is associated with the purchase. 
  5. Written Agreement and Ownership
    1. The Seller and purchaser shall document the purchase in a written purchase contract agreement if one of them requests it, for which these Auction Terms apply. The title of ownership transfers from the Seller to the Buyer upon Buyer’s full payment of the Total Price to the Auction Transactor.
  6. Payment 
    1. Payment of the Total Price shall be paid to the Auction Transactor against an invoice. Payment should be made no later than five (5) bank days after auction. Late payment will be subject to the law regarding late payment. 
  1. Pickup and Registration
    1. The Buyer shall, unless otherwise agreed with the Seller, remove the horse after the auction has been concluded and full payment is made. The horse should be picked up at least 14 days subsequent to the closing of the auction. Pickups should be made from Hunneberga/Flyinge by agreement, or other location as agreed by the Seller and Buyer. Upon collection, the Seller shall provide the horse’s passport to the Buyer. The change of ownership shall be recorded by the Buyer at his or her own expense. 
  2. Care and Costs
    1. The Seller is obliged to, at his or her own expense, to pay for the care of the horse until its collection. However, the Buyer shall bear all veterinary costs and extraordinary costs of the horse arising during the time after the auction that the horse is in the care of the Seller.
    2. The costs for the horse that arise subsequent to collection should have occurred in accordance with clause 7.1 and shall be borne by the Buyer. 
  3. Transfer of Risk
    1. The risks associated with the horse are transferred from Seller to the Buyer upon conclusion of the bidding for the horse. Buyer is obliged to keep the horse insured until it is picked-up. 
    2. Insurance can be purchased with Agria Animal Insurance. Contact Agria’s representative as referred to by the Seller. 
  4. Personal Data Management
    1. PS Flyinge & Partners AB, org. no. 556880-0311, c/o Flyinge AB, Box 3, 247 29 Flyinge, helena.torstensson@flyinge.se, 0708-75 29 00, is the data controller for the data collected and processed by the Auction Transactor and by WeAuction regarding auction participants. Through registering to participate in the auction via WeAuction or to the Auction Transactor, auction participants agree that the Auction Transactor may collect and process the personal data as described below. 
    2. Personal data submitted in connection with the auction will be processed for the purposes of carrying out the auction, entering into and performing agreements relating to the auction and sales, performing administrative measures for the purposes of this, and for fulfilling obligations under law. Personal data may also be transferred between the Auction Transactor and WeAuction to conduct the auction. WeAuction may only process personal data in accordance with the Auction Transactor’s instructions and may not use the data for its own purposes or in violation of the law. 
    3. The Auction Transactor only processes the personal data necessary to fulfil the purposes of the treatment and will minimise the treatment as far as possible.
    4. The personal data and bank account details left in connection with sales and processed for accounting purposes will be stored for seven (7) years in accordance with Chapter 7 Section 2 of the Accounting Act (Sw. Bokföringslagen, SFS 1990:1078). The Auction Transactor does not store the personal data of the auction participant for longer than is permitted by law, and in order to fulfil the obligations and agreements the Auction Transactor has with the auction participant. 
    5. The Auction Transactor may need to disclose personal data in the event of a regulatory authority, law enforcement authority or other authorised third party, in order to comply with its legal obligations under law. The Auction Transactor will not disclose the personal data of the auction participant to third parties without explicit consent from the auction participant.
    6. The auction participant has the right, upon written request, to obtain written information on which the Auction Transactor has registered and how these are used. The auction participant also has the right to request that the Auction Transactor correct or delete any data that is inaccurate or restrict the processing of such data. The auction participant also has the right to share their personal data in a machine-readable format or, if technically feasible, to have the data transmitted to a third party that this directs.
    7. Providing Personal Data is a requirement for the Auction Transactor to complete the auction and associated services listed above. If such personal data is not provided, or if the auction participant requests deletion, restriction or object to the processing of personal data, the Auction Transactor cannot perform such auction services to the auction participant.
    8. If auction participants are dissatisfied with the processing of their personal data by Auction Transactor, he is she has the right to lodge a complaint with the Data Protection Authority. 
  5. Setting up Auction and more
    1. The Auction Transactor has the right to set the auction. The Auction Set Notification posted on the Auction Transactor Home Page, https: //flyingeopensales.com/.  
    2. The Auction Transactor has the right to strike a horse from participation in the auction.
  6. Force Majeure
    1. The Auction Transactor has the right to unilaterally decide to move or cancel the auction due to a force majeure events. Further, the Party is exempt from penalty for failure to fulfil its obligations under the Agreement due to force majeure events. A force majeure event is the unforeseeable circumstance that is outside of the Party’s control and that the Party was not able or should have anticipated or reasonably taken into account at the time of the agreement, such as fires, flooding, strikes, infectious illness, natural disaster, law or other solicitation of government agencies in Sweden or abroad. 
    2. If a Party wishes to invoke a circumstance in the previous paragraph, the Party shall promptly notify the other Parties when there is a risk that the obligations cannot be met or delayed. Failure to provide such notice in time leads to a liability to compensate for damages that could have been avoided if timely notice had been given.
    3. When a Party cancels its obligations with the support of the first paragraph, the time of completion should be extended with the amount of time that the circumstance will prevail. In the event of a suspension in full for more than three (3) months, each Party has the right to terminate the Agreement with (3) months’ notice.
  7. Other Conditions
    1. Should a provision in the Terms of Use or the application thereof should be invalid, this does not mean that the Terms of Use or provision in its entirety is invalid. Instead, the Parties shall adjust the Agreement or provision, as far as possible, to provide effect to the spirit of the User Terms.
    2. Swedish law shall apply to this agreement. The Law on international purchases (Sw. Lagen om internationella köp, SFS 1987:822) is not applicable. Any dispute arising out of this Agreement shall be settled in the Swedish courts. 

N.B. This English version of the Auction Terms is an unofficial translation and in case of inconsistencies the Swedish language version shall prevail.

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Online Service Terms of Use for AUCTION at Flyinge Open Sales Saturday 14 November 2020

  1. General
    1. These Terms (“Terms of Use”) apply when using the digital auction platform that PS Flyinge & Partners AB (“Auction Transactor”), org. no. 556880-0311, provides through WeAuction B.V’s online service https://bid.flyingeopensales.com/auctions (“Service”) for participation in the Flyinge Open Sales 2020 online auction (“Auction”) Saturday 14 November 2020. The Terms of Use apply for customers registering user accounts in the Service. 
    2. WeAuction B.V. is through provision of the Service only the issuer of a digital auction platform for the auction of horses and is not with any respect responsible to the Customer.
    3. Customer means in the Terms of Use, the person who registered a user account in the Service for participation in the Auction (“Customer”). 
    4. The Auction Terms that regulate the legal rights of the Buyer and Seller apply to contracts on the purchase of a horse that may arise at the auction.
  2. User Account Registration
    1. Registration of a User Account in the Service is required to be eligible for online bidding in the Auction. 
    2. The Customer is required to register information completely and accurately and is responsible for keeping this information up-to-date. 
    3. Customer registration shall not be (i) by a person under the age of 18; (ii) by a person who has the legal capacity; (iii) by a person who has previously been suspended from his or her user account; or (iv) if the Auction Transactor otherwise has reason to refuse registration. Registration of companies that the Customer may use shall only be done by the company’s authorised designee.
    4. Customer is required at the request of the Auction Transactor to copy a valid identification document. A Customer who is a legal entity and representative of the legal entity shall upon request produce a copy of proof of registration as well as a valid identification document for the representative.
    5. By registering as a user, Customer accepts both the Terms of Use as well as the Auction Terms for the Auction.
  1. The Service and its Use 
    1. The Auction Transactor does not guarantee that the Service is available without interruption. Due to maintenance, unplanned interruption of service or other conditions, operational disturbances may occur. The Auction Transactor is not responsible for damages resulting from the Customer’s inability to use the Service. 
    2. The Auction Transactor reserves the right to update or discontinue the provision of the Service. 
    3. The Auction Transactor has the right to terminate a Customer’s User Account, for example due to breach of the Terms of Use. 
  2. Personal Data Management
    1. PS Flyinge & Partners AB, Catalogue No. 556880-0311, c/o Flyinge AB, Box 3, 247 29 Flyinge, helena.torstensson@flyinge.se, 0708-75 29 00, is the Data Controller for the data collected and processed by the Auction Transactor and WeAuction about auction participants. By registration to the auction via WeAuction or to the Auction Transactor, auction participants agree that the Auction Transactor may collect and process the personal data as described below. 
    2. Personal data submitted in connection with the auction will be processed for the purposes of carrying out the auction, entering into and performing agreements relating to the auction and sales, performing administrative measures for the purposes of this, and for fulfilling obligations under law. Personal data may also be transferred between the Auction Transactor and WeAuction to conduct the auction. WeAuction may only process personal data in accordance with the Auction Transactor’s instructions and may not use the data for its own purposes or in violation of law. 
    3. The Auction Transactor only processes the personal data necessary to fulfil the purposes of the treatment and will minimise the treatment as far as possible.
    4. The personal data and bank account details left in connection with sales and processed for accounting purposes will be stored for seven (7) years in accordance with Chap 7 Section 2 of the Accounting Act (1990:1078). The Auction Transactor does not store the personal data of the auction participant for longer than is permitted by law, and in order to fulfil the obligations and agreements the Auction Transactor has with the auction participant. 
    5. The Auction Transactor may need to disclose personal data in the event of a regulatory authority, law enforcement authority or other authorised third party, in order to comply with its legal obligations under law. The Auction Transactor will not disclose the personal data of the Auction Participant to third parties without explicit consent from the auction participant.
    6. The auction participant has the right, upon written request, to obtain written information on which the Personal Data the Publisher has registered and how these are used. The auction participant also has the right to request that the Auction Transactor correct or delete any data that is inaccurate or restrict the processing of such data. The auction participant also has the right to share their personal data in a machine-readable format or, if technically feasible, to have the data transmitted to a third party that this directs.
    7. Providing Personal Data is a requirement for the Auction Transactor to conduct the auction and associated services listed above. If such personal data is not provided, or if the Auction Transactor requests deletion, restriction or objects to the processing of personal data, the Auction Transactor cannot perform such auction services in the Auction Participant.
    8. If Auction Participants are dissatisfied with the processing of their personal data by the Auction Transactor, it has the right to lodge a complaint with the Data Protection Authority.
  3. Other Conditions
    1. Customer has the right to terminate its user account in the Service upon request. User Account Termination Request should be in writing by email to helena.torstensson@flyinge.se. Before terminating a User Account at the Customer’s request, all of the Customer’s ongoing purchases will be terminated. 
    2. Should a provision in the Terms of Use or the application thereof should be invalid, this does not mean that the Terms of Use or provision in its entirety is invalid. Instead, the Parties shall adjust the Agreement or provision, as far as possible, to provide effect to the spirit of the User Terms.
    3. Swedish law shall apply to this agreement. The Law of international purchases (Sw. Lagen om internationella köp, SFS 1987:822) is not applicable. Any dispute arising out of this Agreement shall be settled in Swedish courts. 

N.B. This English version of the Terms of Use is an unofficial translation and in case of inconsistencies the Swedish language version shall prevail.

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