ARTICLE 1. DEFINITIONS

General and special terms and conditions of HORSEMATCH.international commission sales : the following general and special terms and conditions of commission sales of HORSEMATCH.international apply to the purchase agreement unless otherwise agreed between the parties which are expressly accepted by the purchaser. Each buyer shall be deemed to have taken knowledge of and accepted these terms and conditions of commission sales. Consequently, the following general and special terms and conditions of commission sales are automatically applicable from the moment a registration is made in the HORSEMATCH.INTERNATIONAL platform.

HORSEMATCH.international acts as an intermediation partner in the commission sales process and does not take any further liability and responsibility.

Seller: the natural person or legal entity who registers on the HORSEMATCH.INTERNATIONAL platform and who/that offers a horse to be registered on the HORSEMATCH.INTERNATIONAL platform, with the aim to sell this horse by HORSEMATCH.INTERNATIONAL on behalf of and at the expense of the seller.

(Prospective) Buyer : the major natural person or legal entity that registers or has registered on the HORSEMATCH.INTERNATIONAL commission sales platform in order to specify what type of horse he is looking for and asking HORSEMATCH.INTERNATIONAL to find a horse for him which is as close as possible to his requirements / specifications.

Horse : any horse from foal till grown up horse of any age that can be registered on the HORSEMATCH.INTERNATIONAL platform and data

Horse data : all data to describe the horse, such as but not limited to, name and pedigree, information on the characteristics of the horse, information on the family and motherline, pictures and video, medical data, medical reports and xrays. The horse data describes as well as possible the horse on the basis of information and images provided by the seller. This information is used solely to give an impression about the qualities of the horse, without pretending to be complete/correct and without giving any guarantees. HORSEMATCH.INTERNATIONAL will not take any responsibility on the horse data, in case the seller of the horses has provided data which seems not to be correct or complete.

Sales price : the amount of euros offered by the buyer to the seller for his horse, excluding the commission fees

Participant: a seller and/or buyer and/or a third party.

Purchase agreement: the purchase agreement between seller and buyer that is formed as a result of the acceptance by the seller of the amount offered by the buyer for the registered horse. The agreement is formed by any form of communication, such as but not limited to sms, whatsapp, email, letter, etc …

Personal information: the (personal) information that must be provided to HORSEMATCH.INTERNATIONAL when registering in order for the seller to be able to offer and sell a horse and for the buyer to specify and buy a horse.

HORSEMATCH.international commission sales services: brokering a purchase agreement between seller and buyer by facilitating an online horse data platform. 

HORSEMATCH.international website: the website on which HORSEMATCH.INTERNATIONAL offers its HORSEMATCH.international commission sales services: www.horsematch.international

ARTICLE 2. SCOPE

By participating and registering on the HORSEMATCH.INTERNATIONAL sales platform provided by HORSEMATCH.international, the participants declare in their transactions with one another, and the buyer declares in its transactions with HORSEMATCH.INTERNATIONAL, that they are bound to comply with these general and special terms and conditions of HORSEMATCH.international commission sales and are bound by the resulting legal consequences for a participant. Each participant shall be deemed to have taken cognizance of and accepted these terms and conditions of HORSEMATCH.international commission sales without reservation.

ARTICLE 3. BUYER REGISTRATION

3.1. Registration of the (prospective) buyer

To be able to enter data and horse specifications on the HORSEMATCH.international platform, the (prospective) buyer must register on the HORSEMATCH.international platform. Furthermore, by providing his data and horse specifications (see art.3.2.), the (prospective) buyer declares to be authorized to execute legal transactions, and the (prospective) buyer declares himself/herself to be competent to conclude a purchase agreement with respect to the relevant horses.

HORSEMATCH.international will verify all data entered on the platform and reserves the right to refuse or unilaterally terminate registration and participation on the HORSEMATCH.international platform at any time. On first demand of HORSEMATCH.international, the (prospective) buyer must provide proper proof of identity, in the absence of which the (prospective) buyer is not allowed to participate on the HORSEMATCH.international platform. The (prospective) buyer is obliged to ensure that all the information provided by him/her upon registration has been filled in completely, correctly and truthfully, and the (prospective) buyer guarantees the correctness and completeness of the information he or she provided. Should this information change at any time, the (prospective) buyer is obliged to notify HORSEMATCH.international immediately of this/these change(s). After verification of the registration request, the registration will/will not be accepted and becomes final.

The username and password used by the buyer to get access to the horse webpage(s) 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 buyer must notify HORSEMATCH.international immediately. The buyer is liable for and bound by all transactions that take place at/via the HORSEMATCH.international platform 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.

(Prospective) buyer’s must register digitally on the HORSEMATCH.international platform in the manner determined by HORSEMATCH.international (and will receive a username and password). By registering, each (prospective) buyer indicates that he or she is aware of these general and special terms and conditions of HORSEMATCH.international commission sales and the Privacy and Cookie Policy and unconditionally agrees to the content thereof.

(Prospective) Buyers are responsible for their digital actions.

3.2. Registration of the specifications of the horse(s) for which the (prospective) buyer is searching for

After registration of his own proper data, the (Prospective) buyer can provide information about what type of horse he is looking for and wants to buy. This information needs to be provided in the manner as determined by HORSEMATCH.international, such as but not limited to, the level of jumping competition he/she wants to compete at, the type of horse, maximum age of the horse, range of budget, video of the rider, etc … This information request will be verified by HORSEMATCH.international and the (prospective) buyer will be contacted in case more information is required. Only after all specifications are accepted by HORSEMATCH.international, the request will be registered and an acknowledgement will be send to the (prospective) buyer. By providing all this data and entering this data in the HORSEMATCH.international platform, the (prospective) buyer gives a clear order to find a proper horse for him/her.

ARTICLE 4. SELLER REGISTRATION

4.1. Registration of the seller

To be able to enter data and horse specifications of horses for sale on the HORSEMATCH.international platform, the seller must register on the HORSEMATCH.international platform. Furthermore, by providing his data and horse specifications of his horses for sale (see art.4.2.), the seller declares to be authorized to execute legal transactions, and the seller declares himself/herself to be competent to conclude a purchase agreement with respect to the relevant horses.

HORSEMATCH.international will verify all data entered on the platform and reserves the right to refuse or unilaterally terminate registration and participation on the HORSEMATCH.international platform at any time. On first demand of HORSEMATCH.international, the seller must provide proper proof of identity, in the absence of which the seller is not allowed to participate on the HORSEMATCH.international platform. The seller is obliged to ensure that all the information provided by him/her upon registration has been filled in completely, correctly and truthfully, and the (prospective) buyer guarantees the correctness and completeness of the information he or she provided. Should this information change at any time, the seller is obliged to notify HORSEMATCH.international immediately of this/these change(s). After verification of the registration request, the registration will/will not be accepted and becomes final or will be rejected.

The username and password used by the seller to get access to the horse webpage(s) are strictly personal and may not be transferred by a buyer to third parties. If the seller suspects that someone else knows his or her password, the seller must notify HORSEMATCH.international immediately. The seller is liable for and bound by all transactions that take place at/via the HORSEMATCH.international platform and that result from the use of his / her password and / or username, also in case of misuse if the seller has handled his / her username and password with negligence.

Sellers must register digitally on the HORSEMATCH.international platform in the manner determined by HORSEMATCH.international. By registering, each seller indicates that he or she is aware of these general and special terms and conditions of HORSEMATCH.international commission sales and the Privacy and Cookie Policy and unconditionally agrees to the content thereof.

Sellers are responsible for their digital actions.

4.2. Registration of the horse(s) which the seller wants to offer for sale

After registration of his own proper data, the seller can provide information about the horse(s) he is offering for sale through the HORSEMATCH.international platform. This information needs to be provided in the manner as determined by HORSEMATCH.international, such as but not limited to, the level of jumping competition the horse competes, what characterizes the horse, range of selling price the seller wants to accept for his horse, videos of the horse on showjumping competitions, videos of the horse at trainings, video of the horse while walking, trotting and galloping, pictures of the horses while jumping over fences, pictures of the horses at stand, medical report(s), most recent xrays, medical history (did the horse ever suffer from an injury, disease,etc … which can affect his future use as a jumping sporthorse), etc …

This information request will be verified by HORSEMATCH.international and the seller will be contacted in case more information is required. Only after all specifications are accepted by HORSEMATCH.international, the request will be registered and an acknowledgement will be send to the seller. By providing all this data and entering this data in the HORSEMATCH.international platform, the seller gives a clear order to find a client for his horse.

The seller needs to indicate his asking price and the price range in which he wants to sell his horse. HORSEMATCH.international can advise the seller on the possibility to sell the horse for that price and can at all times remove the horse from the HORSEMATCH.international platform after notification to the seller.

ARTICLE 5. PRIVACY STATEMENT

HORSEMATCH.international shall only use the (personal) information of a (prospective) buyer, seller and the horses offered for sale for the purpose for which it was intended.

Each participant can only have acces to his own data and the data which is made available to him as described in article 8.

ARTICLE 6. LIABILITY

Any liability on the part of HORSEMATCH.international is excluded.

HORSEMATCH.international excludes, to the extent permitted by law, any liability towards the (prospective) buyer, the Seller and third parties and in particular, but not limited to the following cases:

-      All data provided by the buyer is at the buyer’s full responsibility and the buyer declares to take full liability for this data.

-      All data provided by the seller is at the seller’s full responsibility and the seller declares to take full liability for this data.

-      All data provided by the seller regarding the horse(s) is at the seller’s full responsibility and the seller declares to take full liability for this data and declares that this information is correct and complete.

-      HORSEMATCH.international excludes all liability when information about a horse provided by the seller should not be correct or complete.

-      HORSEMATCH.international excludes all liability towards any buyer in case the buyer could not perform with the horse as to his/her expectations.

-      If for any reason the buyer is able to claim that the sale is annulled, it is the seller of the horse who must respond to it.

-      Any damage

-      The health and condition of the horse(s), in case the experts of HORSEMATCH.international have not seen or seen for some time the horse(s)

To the extent that this would be judged differently in law, the liability of HORSEMATCH.international is limited to the amount as covered by their insurance and all times limited to the amount of the commission, provided that the commission has been paid to HORSEMATCH.international  

If for any reason the buyer is able to claim that the sale is annulled, it’s the seller of the horse who must respond to it.

In case of liability of HORSEMATCH.international, the total damages shall be limited to the amount as covered by their insurance and all times limited to the amount of the commission, provided that the commission has been paid to HORSEMATCH.international 

HORSEMATCH.international is not liable for errors in any of the horse data. The seller and the Buyer have the accuracy of this information.

ARTICLE 7. SECURITY

HORSEMATCH.international makes every reasonable effort to safeguard its systems against loss of data and/or against any form of unlawful use, and to this end, shall take appropriate technical and organizational measures. In its communication with HORSEMATCH.international, the participant is obliged to adequately secure the computer and/or any other device he/she uses to access the HORSEMATCH.international website, and as usual, to protect it against viruses or other unlawful programs or files that can spread via the Internet. The HORSEMATCH.international website may contain links to other websites of third parties. HORSEMATCH.international has no influence on (the information on) such websites.

The buyer/the seller is aware and expressly agrees that the services available through the website are limited to making it technically possible to present the horses via the internet. HORSEMATCH.international 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 HMI, the buyer/the seller 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.

ARTICLE 8. THE COMMISSION SALES PROCES

When receiving a request from a (potential) buyer to search for a horse according to his/her requirements, HORSEMATCH.international analyses the request. In case HORSEMATCH.international accepts the request for search, the experts consult the available data and select some horses which could be suitable to meet as close as possible the (potential) buyer’s requirements. Only information about the horse(s) selected by HORSEMATCH.international will be send to the (potential) buyer. The (potential) buyer can not consult all the horses available in the database, but will only receive a link for the selected horse(s).

The seller will get a notification (by email or whatsapp) that his horse(s) have been send to a potential buyer and needs to confirm reception within 24 hours. From the moment of confirmation of this notification, the horse(s) can not be shown to other potential buyers directly by the seller outside of the HORSEMATCH.international platform for min. 3 weeks. As such HORSEMATCH.international has min. 3 weeks time to provide all needed information and organize proper try-out by the potential buyer.

When the (potential) buyer likes 1 or more horses the negotiation process can start and several actions can be planned, such as but not limited to sending more video, organizing a try-out with the own rider, a rider of own choice or a rider from HORSEMATCH.international.

When coming to an agreement at the end of the negotiation process, a final purchase agreement will be formed.

ARTICLE 9. THE FORMATION OF A PURCHASE AGREEMENT

Once a final agreement is reached for 1 or more horses, a purchase agreement will be formed.

The purchase agreement will be filled in by HORSEMATCH.international.

The filled in purchase agreement will be send by email to the buyer, who needs to fill in, date and sign the purchase agreement and send it back by email to HORSEMATCH.international.

The purchase agreement as signed by the buyer will be send by HORSEMATCH.international to the seller, who needs to fill in, date and sign the purchase agreement and send it back by email to HORSEMATCH.international.

HORSEMATCH.international will sign the purchase agreement and send a copy to both seller and buyer.

Once the purchase agreement is signed, all parties are bound to pay the invoices as agreed in the sales agreement and stipulated in art. 10.

ARTICLE 10. INVOICING AND PAYMENT

The seller makes an invoice to the buyer for the purchase of the horse(s).

The seller will maintain the horse at his own costs until the moment of delivery, as agreed by seller and buyer.

The buyer is responsible for the horse from the moment the purchase agreement is signed.

Seller and buyer can agree who will pay for which costs.

HORSEMATCH.international sends an invoice of 5% to buyer and an invoice of 10% to the seller, prices are excl. VAT

The invoices are payable on their due date.

The invoices confirm the purchase agreement.

When any of the invoices remains unpaid on the due dates, a notice of default will be issued to the party which has not paid the invoice as stipulated by law. When the invoice(s) remain unpaid within 5 days after the notice of default, the purchase agreement will be annulled.

When all invoices are paid (invoice from seller to buyer, invoice from HORSEMATCH.international to seller and invoice from HORSEMATCH.international to buyer), the transfer of ownership of the horse(s) takes place, however, the seller remains responsible for the horse(s) until the moment of delivery to the buyer. The seller and the buyer need to agree on how and when delivery takes place, but HORSEMATCH.international can and will advise and/or organize practicalities.

ARTICLE 11. DELIVERY

The seller and the buyer need to agree amongst each other how and when delivery will take place and who will pay for the costs.

HORSEMATCH.nternational can intermediate in the organization of the delivery and advise on things such as but not limited to transport companies, paperwork to be taken care of, tests to be done, insurance to be taken, etc …

Once agreed on how delivery will be done, a planning can be made to deliver the horse(s).

All costs involved are to be paid by seller and/or buyer as agreed in the purchase agreement. No costs can be charged to HORSEMATCH.international.

Delivery of the horses takes place via pick-up by the buyer or a transport company appointed by him. The pick-up consists of making the horses available to the buyer. The risk transfers to the buyer from the moment of delivery to the buyer or to a transport company appointed by him. The pick-up takes place subject to the suspensive condition that the full purchase price, the sales commission fees and the possible other amounts owed by the buyer have been paid. If the buyer refuses the pick-up or fails to provide the information or instructions needed for the pick-up, the horses will be maintained by the seller at the risk of the buyer. In this case, the buyer is required to pay to the seller all additional costs, including in any case stable and transport costs, in which case the horse(s) shall only be made available for pick-up if and when the buyer has also fully paid these costs.

ARTICLE 12. NO MATCH

Should it occur that the buyer has no match with his new horse in terms of riding the horse, he needs to inform HORSEMATCH.international in writing within 30 after delivery. This only applies for how to ride the horse and the horse riding match between horse and rider. This does not apply in any case such as but not limited to damage, injury, etc …

In this case the buyer can become free of charge seller and offer his horse again on HORSEMATCH.international platform.

ARTICLE 13. we only match Luck

ARTICLE 14. APPLICABLE LAW AND COMPETENT COURT

The public official will, in the first and also in the last instance, settle all disputes regarding the adjudication concerned that may arise during the commission sales process. The brokering and intervention of HORSEMATCH.international and the sale take place in accordance with Belgian law, with the exception of the Vienna treatment. In the case of disputes, only the Belgian law shall apply and only the courts of the (territorial) jurisdiction of “De Rechtbanken van Eerste Aanleg van Oost-Vlaanderen afdeling Dendermonde en de Ondernemingsrechtbank van Gent, afdeling Dendermonde zijn bevoegd” shall have jurisdiction to hear the disputes. In the case of dispute, only the Dutch text is valid.

ARTICLE 15. OTHER PROVISIONS

Should one or more of the provisions 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.

HORSEMATCH.international retains the right to modify these terms and conditions of commission sales at any time. In the case of modifications, the new terms and conditions of commission sales take effect immediately at publication on the website www.horsematch.international . These modifications will only apply to new purchase agreements and will not affect the already closed purchase agreeements.

These general and special terms and conditions of HORSEMATCH.international commission sales can be found on the website. These general and special terms and conditions of HORSEMATCH.international commission sales have been drawn up in Dutch and English. In the event of a dispute about the content or purporse of these general and special terms and conditions of HORSEMATCH.international commission sales, only the Dutch text and its meaning in the Dutch jurisdiction will be binding

ver.1-10.10.2020