StuDutch Online Auction Terms and Conditions
StuDutch Online Auction is organised by StuDutch Trading BV., located at (NL-5271 VR) Sint-Michielsgestel at Schuileburg 1, registered at the Dutch Chamber of Commerce under 76240711.
Article 1: Auction service
1.1 StuDutch organises and facilitates the auction. StuDutch is not and will not be a party in any of the purchase agreements closed or to be closed.
Article 2: Registration and partaking
2.1 Prior to partaking in the online auction the buyer is required to register on the website first.
2.2 Partaking in this auction implies the buyer’s explicit and unreserved compliance with these auction conditions and with the auction expenses chargeability of 10% excluding VAT for the seller and 10% excluding VAT for the buyer.
Article 3: Bidding and purchasing
3.1 All bids and payments are to be made in euros.
3.2 When making a bid, the bidder is expected to bid for themselves and thus personally liable for all obligations resulting from their bid. Should the bidder declare to act on behalf of a third party, the bidder nonetheless remains fully liable to StuDutch.
3.3 Prior to an auction the closing time of the auction is announced by StuDutch. Should a bid be made on a lot during the last five minutes before closing time, the auction’s closing time is recurrently lengthened by five minutes until no more bids are made. The extra time will subsequently indicate the new closing time.
3.4 A purchase is established by a sequence of bids and by allocation to the highest bidder and by reception of the purchase amount (whether or not increased with 9% VAT).
3.5 The purchase established under these auction conditions is governed by Dutch law.
3.6 The auction is supervised by an auctioneer chosen and appointed by StuDutch. The auctioneer is required to draw up an official report of the allocation of the bid.
Article 4: Delivery
4.1 The semen straws, the frozen embryos as well as the embryos already transferred to the recipient mare are auctioned “as is, where is”, meaning in the state they are in, and how and where they are at the moment of the auction.
4.2 The risk concerning the semen straws, the frozen embryos as well as the embryos already transferred into the recipient mare is transferred to the buyer immediately after allocation of the bid. The purchase amount is collectable instantly after allocation of the bid.
4.3 After the auction when payment is received, the buyer and StuDutch will agree on the delivery of the semen straws, the frozen embryos and/or the embryos already transferred to the recipient mare. The buyer is required to pick up the semen straws, the frozen embryos and/or the recipient mare at a location agreed upon. Delivery of the semen straws, the frozen embryos and/or the recipient mare the embryo was transferred to is required to take place within seven (7) days after the auction. If not, StuDutch is entitled to charge the buyer with storage expenses.
Article 5: Payment and limitation of ownership
5.1 Payment of a seller’s invoice is under any circumstances, without deferment or deduction, due within fourteen days of the invoice date in the manner and the currency stated by the seller, the due date being the final date.
5.2 Non payment or overdue payment leaves the buyer in default by operation of the law. The buyer is subsequently charged with a delay compensation of [percentage] per month, a partial month counting as one month.
5.3 All court fees and out-of-court expenses on the part of the seller for recovery of invoices will be chargeable to the buyer. The buyer is charged with out-of-court expenses on a flat rate basis of 15% of the amount collectable with a minimum of 250 euros.
5.4 The ownership of the semen straws, the frozen embryos and/or the embryos transferred to the recipient mare is transferred to the buyer only when the buyer has fulfilled all the requirements resulting from the closed agreement.
Article 6: Warranty
6.1 StuDutch can offer no guarantees with regard to the semen straws, the frozen embryos and/or the embryos transferred to the recipient mare auctioned through StuDutch.
Article 7: Third parties
7.1 For purposes of the agreement, StuDutch is authorised to involve the services of third parties should this be necessary for the execution of the agreement.
7.2 StuDutch cannot be liable for any shortcoming and/or error on the part of the third parties involved, with the exception of wilful or gross negligence on the part of StuDutch.
7.3 Third parties cannot derive any rights from the acts and functions carried out in the framework of the agreement.
7.4 The buyer and the seller will indemnify and hold harmless StuDutch from third party claims.
Article 8: Liability
8.1. StuDutch is not liable for any flaw in the fulfilment of the agreement, with the exception of wilful or gross negligence on the part of StuDutch.
8.2 Should StuDutch be liable for any kind of damage, the liability is limited to the amount covered by the insurance of StuDutch in this particular case, plus excess under that insurance.
8.3 If and for whatever reasons no payment of the insurance of StuDutch should take place, StuDutch is liable to a maximum of €2.500.000,-.
Article 9: Compensation
9.1 Any right to damages shall be extinguished in any case twelve (12) months after the buyer of the seller becomes aware of the damage, which directly or indirectly results from an event or circumstance for which StuDutch is or could be liable.
Article 10: Force majeure
10.1 In case of force majeure, StuDutch has the right to, on its own accord, suspend the execution of its obligations arising from the agreement, or partially or completely terminate the agreement without judicial intervention, submitted to the buyer or the seller in writing, without StuDutch being liable to pay any compensation, unless such would be unacceptable according to the standards of reasonableness and fairness.
10.2 Pursuant to article 6:75 of the Dutch Civil Code force majeure includes any deficiency that cannot be attributed to StuDutch either by law, legal act, or the generally accepted view that it is attributable to them.
Article 11: Personal data
11.1 For the establishment and execution of the agreement the seller requests the buyer to provide personal data. StuDutch processes these personal data in compliance with the General Data Protection Regulation (GDPR).
Article 12: Applicable law and competent court
12.1 The legal relationship between StuDutch, the bidder, the buyer and the seller, including liability claims, if any, is governed by Dutch law.
12.2 Any disputes will be submitted to the competent court of the Oost-Brabant arrondissement in the Netherlands to hear and determine at first instance.
12.3 These general auction terms and conditions were drawn up in Dutch and English. In the event of any dispute with regard to the English version of these general auction terms and conditions or their translation, the Dutch version prevails.
StuDutch Online Veilingvoorwaarden
De StuDutch online veiling wordt georganiseerd door de besloten vennootschap StuDutch Trading B.V., gevestigd te (5271 VR) Sint-Michielsgestel aan de Schuileburg nr. 1, ingeschreven bij de Kamer van Koophandel onder nummer: 76240711.
Artikel 1: Veilingservice
Artikel 2: Aanmelding en deelname
Artikel 3: Biedingen en koop
Artikel 4: Levering
Artikel 5: Betaling en eigendomsvoorbehoud
Artikel 6: Garantie
Artikel 7: Derden
Artikel 8: Aansprakelijkheid
Artikel 9: Schadevergoeding
Artikel 10: Overmacht
Artikel 11: Persoonsgegevens
Artikel 12 – Toepasselijk recht en bevoegde rechter