CGV

Introduction

If you purchase an implanted embryo or a foal, you agree to take back the surrogate mare and care for her “as a good father of the family” until she returns to the breeding farm, at your expense, when the foal is weaned. A deposit cheque for 2000€ excluding VAT will be required on the mare’s departure.

Since sales are public, access to sales establishments is necessarily free. Since the presentation of the horses may involve dangers, visitors circulate in the establishments at their own risk and must comply with the recommendations made by BALSAN ENCHERES OVV. Neither the owner sellers nor the organizers of the sale will be responsible for the damages suffered by a visitor to these establishments.

Public auction

Public auctions are, in accordance with the law, carried out by the Auctioneer, responsible for OVV BALSAN ENCHERES. These general conditions of sale are applicable in all its provisions as long as they are not contrary to those established before the sale and recorded in the minutes. The seller or the buyer cannot claim the responsibility of OVV BALSAN ENCHERES.

Auctions

Auctions are effective when payment is made. OVV BALSAN ENCHERES oversees the sale and reserves the right to reject bids from any bidder that does not offer a notable creditworthiness. Any bidder who has not paid their previous auction will be rejected. In accordance with the law, auctions will be indicated and taken in euros. Simultaneous translation into foreign currencies is for reference only. If it is established that two or more bidders simultaneously held an equivalent bid at the same time on the same horse, either out loud or by signal, and that they claim this horse at the same time after the auction award, said horse will be auctioned immediately at the price of the last auction and all those present public may bid again. The horse will be awarded to the highest and last bidder.

Invalid auction

OVV BALSAN ENCHERES expressly reserves the right to proceed, the same day or the next day, after the auction related to the last registered number, to the resale at auction of a horse for which the buyer would prove that is unable to pay. When OVV BALSAN ENCHERES  considers that the buyer does not have sufficient guarantees, OVV BALSAN ENCHERES will be authorized, in the absence of cash payment, to put the animal up for sale again immediately on the day of the auction or the next day, after the auction related to the last number registered, without prior formal notice or legal formalities, at the risk and responsibility of the successful bidder who, by the fact of the auction, commits his financial responsibility to the seller for the costs of the first sale, as well as the sale in an express auction. In that case, BALSAN ENCHERES OVV should only pay the seller the amount of the resale in an express auction. In case of resale in an express auction, unless the seller indicates the opposite, given to the Auctioneer before resale, the possible reserve price indicated by him in advance will remain valid. In the same way and under the same conditions, if immediately after the auction the bidder is not found to sign his bond, the horse will be represented at the auction during the same auction or the next day. In this hypothesis, the responsibility of OVV BALSAN ENCHERES can not in any case be requested by either the seller or the buyer that failed.

Information to be provided by the seller

Every seller must present in writing the declarations, under his responsibility, to the public. OVV BALSAN ENCHERES is only responsible of the seller's statements that will be provided to the public, but is not responsible for the accuracy and sincerity of the statements made by the seller, regarding the designation of the horses, its origin and country of birth, its description, earnings, commitments, latent defects, the VAT subjugation system, etc.

Therefore, the seller must inform in writing before the sale, the mistakes or omissions that appear in the catalog so that they are pointed out to the public by means of a pre-sale ad in the gallery and horses presented by him. Please note that any seller who has not provided, prior to the start of the sale, a written error correction regarding the information in the catalog, about the horses shipped by him, has approved this information and is therefore responsible of this error in its entirety.

Veterinary examination

 X-rays as well as a veterinary check-up were carried out for each horse dedicated to sport (except foals and broodmares). These information are available on the website of the sale, on the webpage presentation of each horse. The buyer certifies having read the veterinary documentations (x-rays or/and clinical check-up report or/and certificate of good health) and accepts the horse with full knowledge of the veterinary documentation. These documents are available on the website of the sale before the auction.

Original papers

Horses registered by the seller must be accompanied by valid documents including the registration card, the receipt of the certificate of origin, the identification book, as well as a pregnancy certificate for the mares that are pregnant and a report for foals. These documents must be delivered before the sale by the seller to OVV BALSAN ENCHERES. The seller's responsibility can be requested if the documents have not been delivered on time, without prejudice to the right to refuse the presentation of the animal for sale. The entrance and exit of horses can only be done when OVV BALSAN ENCHERES has all the documents related to the horses for sale. The deposit and withdrawal of documents will always take place at the OVV BALSAN ENCHERES office. Payment to the seller is not made until the seller has provided the attached documents to OVV BALSAN ENCHERES.

Guarantee regarding latent defects and hidden defects

Horses presented at a public auction are sold according to the use, without warranty, particularly hidden defects. However, the seller must guarantee the buyer against latent defects, listed in article R 213-1 and following of the Rural Code and not declared by him before the sale. Any action based on said latent defects must be presented by the buyer in accordance with the provisions of articles L213-1 and following of the Rural Code, that is, within ten days after the sale, not including the same day Leptospira and the infectious anaemia for which is the thirty-day period not included on the day of sale.  Any deadline expires on the last day at 24 hours. The period that will normally expire on a Saturday, Sunday, or a holiday will run until the next business day. Within these terms and under penalty of inadmissibility, the buyer must submit to the Judge of the Judicial Court where the animal is located a request to obtain the registry of experts responsible for drafting the minutes of the examination of the animal. Within these same terms, the buyer must notify the seller, as well as BALSAN ENCHERES OVV (by registered letter) of the presentation of their request to the Court Judge. The action for the resolution of the sale, initiated by the buyer, must be drafted directly against the seller whose name will be provided by OVV BALSAN ENCHERES at his request. In no case can this action bring BALSAN ENCHERES OVV into question, which is not responsible. No claim is admissible if the buyer has not paid the full amount of his purchase in cash. In the event of a fatal default, the funds will be blocked in the regulated account of OVV BALSAN ENCHERES.

Sale of brood mares or stallions

The seller can have the confirmation of gestation in the gallery, by presenting a veterinary certificate in the fifteen days prior to the sale. The buyer is entitled to a veterinarian approval of the mare's pregnancy for a period of 24 hours after the sale and before she leaves the establishment. If a void is observed during this exam, the sale will be automatically cancelled, and the buyer will immediately refund their purchase. The potential buyer of a filly has the right, before sale, to ask the seller for permission to do an examination by the OVV BALSAN ENCHERES approved veterinarian and present for sale, to ensure its ability to reproduce, particularly about the state of their genitalia. For pregnant mares, the seller agrees to pay the remaining balance of the semen service in the fall or when the mare delivers. Unless the seller says the opposite, a male horse is not sold with the guarantee that it can be used as a stallion. In particular, the quality of his semen cannot be invoked as a case of cancellation of the sale. If a horse is sold with "Stallion Guarantee" on its catalog page, this means that if they are not included in the vet file, the buyer can have an endoscopy and semen examination within 30 days of sale. You must indicate in the purchase order your possible intention that these exams be carried out and if these do not conclude that the horse is fit to officially impregnate, the sale will be automatically cancelled.

The non-freezing of the semen cannot constitute a reason for the cancellation of the sale. If no negative results are officially reported to OVV BALSAN ENCHERES within 30 days after the auction, the sale will be perfect and no further claims from the buyer to the seller will be accepted.

Responsability for damage caused by the animal or caused to the animal

Until the auction is declared, the horses for sale remain the property of the seller, OVV BALSAN ENCHERES is not responsible for any accident, illness or damage to the animals or caused by them to third parties either inside or outside the establishments. The risks resulting from fire and loss and damage are also exclusive responsibility of the sellers. Boarding or disembarking operations, and all other similar operations, are at the seller's risk.

Immediately after the auction, the buyer replaces the seller for these responsibilities. The buyer can take possession of his horse immediately after the auction and payment.

Payment terms

All public auctions are considered to be paid in cash. Payment must be made in cash and immediately after each sale, in euros by bank card, letter of credit from a bank or bank transfer and with proof of identity. Individual checks or checks from foreign banks will not be accepted. All payments must be made through OVV BALSAN ENCHERES. The payment will include the auction price and will be increased by the auction costs. These costs, as well as the price, must be paid immediately, without waiting for the delivery of the documents, under resale in an immediate auction after the official one.

Exit permits

No horse, sold or unsold, may leave the establishment without an exit permit. This must be collected at the secretariat. The exit receipt will specify that the seller expressly authorizes BALSAN ENCHERES OVV to let the lot that was sold leave the Sale establishment and to release it from all consequences related to this exit. The proof of departure will be signed by the Buyer or his agent to certify that he is in charge of the horse or horses sold. All horses must have left the establishment within the time limit that the Auctioneer will call out on the day of the sale. After this period, the buyer will be charged a fee.

Costs of sale to be borne by the buyer

In addition to the auction price to be paid in cash, the buyer will be responsible for the purchase costs. The purchased cost will be 12,5% tax free; this will be expressed out loud by the Auctioneer.

Horses are sold, with or without VAT, but in any case, the auction price is net of tax. - Horses sold with VAT give rise to 7 cases that will appear as follows:

1) The buyer is subject to VAT in France: invoicing of 20% VAT on the auction price.

2) The horse is in temporary import (HDTV)

a) The buyer is resident: 20% billing on the auction price, regardless of the buyer's scheme (recoverable VAT for taxpayers under legal conditions common law).

b) The buyer is not a resident and wishes to keep the horse in the temporary importation: the HDTV is not invoiced, but the transfer costs of the temporary importation are the responsibility of the buyer.

c) The buyer is a foreigner (Foreign Economic Community or non-EEC) and wants to re-export the horse: without VAT invoicing.

3) The buyer is not subject to VAT: 20% billing on the auction price.

4) The horse is immediately exported to a country of the Foreign Economic Community:

a) If the buyer is subject to VAT in his country of residence, the buyer's European VAT number must be communicated to The Voluntary Sales Company Balsan Enchères and only with this condition: VAT exemption. This number will appear on the bill of sale.

b) If the buyer is not subject to VAT in his country of residence: 20% invoicing in addition to the auction price.

5) The horse is immediately exported to a country outside the EEC: payment of a 20% VAT deposit refunded upon presentation of an official document for leaving the country. - Horses sold excluding VAT are the property of sellers not subject to VAT. - The selling costs of the seller are liable to VAT at the rate of 20%.

6) Horses sold for the exclusive breeding use are liable to a rate of 5.5% instead of 20%. This mention must be made by the buyer and under his responsibility on the purchase voucher at the time of his signature.

7) Horses sold for mixed breeding and sports use are liable to 5.5% VAT on the fraction of their value linked to breeding use. This mention must be carried by the buyer and under his responsibility on the purchase voucher at the time of his signature.

After the sale

For any horse that is registered in the sale catalog and that would be sold after the sale, even if the operation is carried out outside the sale establishment within 7 days after the shift in which it was registered, the seller will be responsible of payment to OVV BALSAN ENCHERES amounts you would normally have received in the event of a sale during the auction.

Jurisdiction

These conditions of sale are governed by French law. The consumer can take advantage of his choice, in addition to one of the territorially competent jurisdictions under the civil procedure code, the jurisdiction of the place where he lived at the time of the conclusion of the contract or the occurrence of the bothersome event.