MEVITA HORSE AUCTION Sp. z o.o. (call later MEVITA), a company with its registered office at 17 Male Lakie 86-182 Swiekatowo, Poland, registered in Krajowy Rejestr Sądowy under number KRS:0000965529, organises during CSIO 5* Sopot Horse Show 2022 an auction named MEVITA FOAL& EMBRYO AUCTION with 18 foals and 9 embryos to be held on Saturday evening 11th June 2022.
Participation in this auction shall imply the explicit taking note and acceptance of these Auction Terms and Conditions without any reservation.
The live auction will be broadcast on the Internet via Facebook on the funpage of „Swiat koni”. The buyer who wishes to bid online must register via the website www.mevita.auction in the manner prescribed by MEVITA on the auction website before he can participate in the online auction. This registration counts as unconditional acceptance of the auction conditions. Furthermore, by participating in an auction, the buyer declares to be authorized to perform legal acts and the buyer declares himself authorized to conclude a purchase agreement with regard to the foal/embryo in question. MEVITA reserves the right to refuse or unilaterally terminate registration and participation in an auction at any time. At the first request of MEVITA, the buyer must submit a valid identity document, failing which the buyer may not participate in the auction. The buyer is obliged to ensure that all information to be provided by the bidder to MEVITA is completed completely, correctly and truthfully upon registration and the buyer guarantees the correctness and completeness of the information provided by him. Should this information change at any time, the purchaser is obliged to immediately notify MEVITA of this change (s). The username and password used by the buyer for an auction are strictly personal and may not be transferred by a buyer to third parties. If the buyer suspects that someone else knows his or her password, the bidder must notify MEVITA immediately. The buyer is liable for and bound by all transactions that take place at an auction and that result from the use of his / her password and / or username, also in case of misuse if the buyer has handled his / her username and password with negligence.
The buyer is aware and expressly agrees that the services available through the website are limited to making it technically possible to follow the auction via the internet and participate in the auction as a bidder. MEVITA has and does not take any responsibility for the organization and course of the auction via its website (for example and without intending to be exhaustive: the failure of the website during the auction or the delay in the operation of the website during the auction ). MEVITA makes every effort to protect its systems against loss of data and / or against any form of unlawful use and takes appropriate technical and organizational measures to this end. In dealing with MEVITA, the buyer is obliged to adequately secure the computer and / or any other device that he / she uses to access the auction website, and as usual to protect against viruses or other illegal programs or files that may spread over the internet.
The auction lots shall be auctioned in the state they are in at the time of the auction.
The sale shall be made in accordance with the laws of Poland by means of auctioning and knocking down to the highest bidder after payment of the settlement amount increased by 8% VAT. The auction shall be supervised by an Auctioneer to be designated by MEVITA, who shall draw up an official report of the knocking down.
The bids are made by auction (per 1,000.00 EUR up to 20,000.00 EUR, per 2,000.00 EUR above 20,000.00 EUR
The bids and payments shall be made in EUROS.
The auction lots shall be knocked down to the highest bidder at the end of the auction. With regard to the Purchaser, the settlement price shall be calculated as follows: the knocking down price plus 8% VAT + 10% auction commission calculated on the allotment price +23% VAT. An example for knocking down price 10.000 EUR: 10.000 EUR + 800,00 EUR (8% VAT) + 1000,00 EUR (10% commission) + 230,00 EUR (23% VAT out of commission) = 12.030 EUR (invoice price).
By making a bid, the bidder undertakes to pay the settlement amount after the knocking down.
If the Buyer withdraws, for whatever reason, MEVITA is entitled to re-auction the auction lot. The initial buyer is obliged to pay MEVITA of the costs associated with this re-auction, at least of the difference in the purchase price that was not realized during the resale.
If the buyer cannot be identified, MEVITA is entitled to resell the auction lot.
The provisional knocking down shall be made under the condition precedent of approval by MEVITA. Immediately after the knocking down of the auction the Auctioneer shall request MEVITA to confirm its eventual approval in order to obtain the final knocking down of the auction lots.
MEVITA shall issue an invoice to the Purchaser, which invoice shall be payable by bank transfer and must be settled on the account of MEVITA prior to the delivery.
If MEVITA has not received full payment from the Purchaser within 5 working days from the auction, the Purchaser shall be legally in default and obliged to make, in addition to the other amounts owed to and in favour of MEVITA, (a) an interest payment of 1% per month on the total settlement amount due to be calculated from the day of the auction until the day of full payment and (b) to pay additional damages amounting to 10% of the settlement amount.
If MEVITA has not received full payment from the Purchaser within 5 working days from the auction, MEVITA shall also be entitled to consider the purchase terminated without notice of default, with the possibility for MEVITA to charge fixed damages of 20% on the settlement amount.
The seller remains responsible for the foal/embryo until delivery to MEVITA place. Delivery can not take place before the foal reaches the age of hunderd and fifty ( 150 ) days . The foal should have been weaned for at least 1 week before delivery . The buyer has the possibility to insure the foal after purchase. After the auction and payment, the Purchaser and MEVITA shall come to an arrangement for the delivery of the lots in mutual consultation. The delivery shall take place in Poland at the address of the registered office of MEVITA unless agreed otherwise in writing between the parties hereto. Any transport costs shall be borne by the Purchaser.
MEVITA draws the attention of the purchaser to the fact that the purchaser has the option of taking out insurance with Catherine De Buyl Insurance immediately after purchase.
MEVITA shall ultimately settle any and all such disputes as may arise during the auction transactions with regard to the sale.
The Purchaser cannot derive any right from the fact that MEVITA selected the auction lots.
The information regarding the foals offered for sale is only intended to give an impression of the qualities of the lots, without pretending to be complete and without giving guarantees. MEVITA shall not be liable for any printing errors and/or material errors in the auction catalogue or on its website and in its online catalogue.
MEVITA shall not be liable for any visible and/or hidden defects. In any case, the liability of MEVITA shall be limited to the maximum amount paid by the Purchaser and to the amounts covered by its insurer.
The embryo offered for sale was implanted in a carrier mare and is sold with a guarantee of 45 days pregnancy. The buyer of an embryo pays, in addition to the settlement amount, a deposit of 3 000.00 EUR for the recipient mare, which will be returned to the buyer if the recipient mare is delivered to MEVITA place in condition not worst then in the day of pick up by the Purchaser and at the latest 180 days after the foal birth.
In the event of export, the Purchaser shall submit a valid export document otherwise the VAT due shall still be charged by MEVITA to the Purchaser
MEVITA reserves the right to modify these Auction Terms and Conditions without prior notice. Should one or more of the provisions stated in the Auction Terms and Conditions not be legally valid or become legally invalid, the remaining provisions shall continue to be legally valid. In that case, a new provision shall replace the aforementioned provision that is not legally valid, which will correspond as much as possible to the old provision that is not legally valid with regard to content, scope and purpose.
In the event of a dispute, only the Polish text shall apply. The translation of these Auction Terms and Conditions into a language other than Polish shall be merely for information purposes.
MEVITA shall ultimately settle all such disputes as may arise during the auction transactions with regard to the sale.
Any dispute arising from this auction and its consequences shall be governed exclusively by the laws of Poland to the exclusion of the provisions of the Vienna Convention on Contracts for the International Sale of Goods. Polish Court shall have exclusive jurisdiction in any disputes.