Terms and conditions

TERMS AND CONDITIONS FOR THE SWEDISH SELECT HORSE SALES 2024

  1. General

    1. These terms and conditions shall apply as standard terms for Buyers and Sellers participating in an Auction organized by Swedish Showjumping Horse Sales AB (“SSHS”).

    2. “Seller” in these Standard Terms shall mean the owner of a horse that shall be sold at an Auction organized by SSHS (“the Auction”). “Buyer” in these Standard Terms shall mean the person or corporation who acquires a horse at the Auction.

  2. The relationship between the Parties

    1. SSHS undertakes, on account of the Seller, to mediate the sale of a horse to the Buyer as a commissioner. The legal relationship concerning the sale and transfer of ownership on occasion of a sale is therefore between the Seller and the Buyer.

    2. SSHS shall not be held accountable for information given by the Seller or the Buyer such as, but not limited to, personal data, information about the consigned horse, etc.

    3. SSHS shall not be held responsible for any faults that occur on a horse during the time the horse is shown in the premises used for the Auction.

    4. SSHS’s assignment as commissioner for the sale of a horse ends on the date the sales agreement is signed between the Seller and the Buyer of the horse. It is the responsibility of the Seller and the Buyer to fulfil the sales agreement by paying the full sales price, hand over the bought horse, etc.

    5. Any complaint regarding a horse bought at the Auction shall be made directly from the Buyer to the Seller. The Buyer thus accepts that any claims with regards to the sale shall be made directly to the Seller and not to SSHS.

    6. Any dispute relating to a sale shall be between the Buyer and the Seller.

    7. SSHS is not liable for any printing mistakes and/or material errors on its website and online catalogue.

  3. The relationship between SSHS and the Seller

    1. The Seller is solely responsible for the information he or she presents about a horse consigned to SSHS for Auction, and is solely responsible for any injuries or faults on the horse.

    2. A consignment agreement between the Seller and SSHS shall be signed no later than 2 (two) weeks before the date of the Auction.

    3. The Seller is responsible for ensuring that a certificate of a clinical examination of the consigned horse is available on the day of the Auction, prior to the sale, in accordance with paragraph 5 below.

    4. SSHS shall not be held liable for any injuries on the consigned horse that appear or occur in conjunction with the Auction.

    5. SSHS shall not be held liable for any damage, direct or indirect, caused if the Auction cannot be executed.

  4. The relationship between the Seller and the Buyer

    1. The Seller shall be solely responsible for all information he or she gives to SSHS about the consigned horse.

    2. Any complaint regarding a horse bought at the Auction shall be made directly from the Buyer to the Seller. The Buyer thus accepts that any claims with regards to the sale shall be made directly to the Seller and not to SSHS.

    3. In the case of a purchase of a living animal amounting to at least 10% of the current price base amount, the presumption for faults shall not be effective.

    4. Any dispute arising from a sale shall be between the Buyer and the Seller.

  5. The Auction Horses: condition

    1. All horses sold at the Auction have undergone a standard clinical examination and radiographical tests, and are sold as is. It is the responsibility of the Buyer to examine the horses thoroughly prior to or during the Auction.

    2. Independently issued certificates of clinical examinations, not older than 40 days, and any veterinary findings, shall be available for the Buyers on the day of the Auction.

    3. The Buyer is aware that certificates of clinical examinations are only indicative, as the certificates do not free the Buyer from the obligation to examine the horses prior to or during the Auction. The Seller, or a representative for the Seller, shall provide any information requested by the Buyer.

  6. Estimates

    1. The estimated prices at the Auction are given in Swedish Kronor (SEK).

    2. The Buyers will be informed about whether the Seller is an individual or a VAT registered corporation. This information will be published on the SSHS website prior to the auction. In the case the Seller is a VAT registered corporation, 25% VAT will be added on the hammer price.

  7. Bidding etc.

    1. SSHS sets the dates and times the Auction takes place. The Auction closes on a date and at a time stipulated on the SSHS website prior to the auction.

    2. Bidding shall be made in Swedish Kronor (SEK).

    3. For each horse, the starting bid is given in Swedish Kronor (SEK).

    4. Bids are to be made in increments of SEK 5000.

    5. Each potential buyer creates an account via the SSHS website. The person who is logged in on this account and who makes the bids, bids for himself/herself and is bound to his/her bid until a higher bid is accepted.

    6. A bidder is bound by his or her bid until another bidder has made a higher bid.

    7. The Buyer is the one who has made the highest bid when the auctioneer ends the sale.

    8. If the bid is not higher than the given reserved price, this will be shown by the SSHS website. In the case the auction closes and the current bid is not higher than the given reserved price, the horse will not be sold.

    9. If the bidder is awarded the bid by the auction server, then that particular buyer is obliged to pay the amount due, as defined in article 8.

  8. Payment

    1. SSHS provides the Buyer with payment information and contact details of the Seller on site or via email after the Auction.

    2. Payment of the sales price shall be made directly from the Buyer to the Seller within 4 (four) business days after the day of the Auction, unless otherwise agreed. In case of late payment, the Seller has the right to claim the payment with interest at the reference rate plus an additional 8% of the sales price. Ownership transfers upon full payment.

    3. SSHS charges the Buyer a sales commission of 10% of the total sales price excluding VAT. This commission, plus VAT, shall be paid by the Buyer to SSHS within 10 (ten) business days after the Auction. SSHS will send an invoice via email. In case of late payment, SSHS has the right to claim interest at the reference rate plus 8% on the sales commission.

  9. Transfer of risk, delivery, etc.

    1. The Seller retains responsibility for the horse(s) until delivery, after which it transfers to the Buyer. If delay is due to the Buyer, the risk transfers when the Seller has completed the necessary steps for delivery.

    2. The Buyer can collect the horse(s) after the Auction upon full payment. The horse(s) can be kept by the Seller for 4 days without charge while awaiting collection. Risk transfers upon collection or after 96 hours post-Auction, whichever is sooner.

  10. Other

    1. Insurance for the horse(s) can be obtained in conjunction with the Auction through Agria for Swedish buyers.

  11. Personal data

    1. SSHS complies with EU Data Protection Law.

    2. Personal data given to SSHS by the Seller or Buyer is used for administration and execution of obligations, primarily for conducting the Auction and sale of horses. SSHS may also use data for marketing purposes, sending newsletters and offers via post and email. Sellers and Buyers consent to this use of personal data.

    3. Individuals have the right to access or correct their personal data held by SSHS.

  12. Disputes

    1. Swedish law applies to all relations and disputes involving SSHS, the Seller, and the Buyer. Disputes shall be resolved in Swedish courts.

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