Conditions

General Auction Terms and Conditions – SPARQ Pony Auction

Article 1 – Definitions

  • Auctioneer: Equine Select Sales B.V. under working name: SPARQ, organizer of the auction, established in Middelbeers, The Netherlands; Chamber of Commerce [98196405].
  • Auction Website: the online platform operated by the Auctioneer.
  • Bidder: a registered participant in the auction.
  • Buyer: the party whose bid is accepted and to whom a lot is allocated.
  • Seller: the owner of a pony offering it in the auction.
  • Purchase Price: the amount of the highest accepted bid in euros (€), excluding Buyer’s Premium, VAT, importduties, transportcosts or other fees.
  • Buyer’s Premium: the commission charged to the Buyer (e.g. 10% of the Purchase Price, excluding VAT).
  • Purchase Agreement: the binding contract between Buyer and Seller concluded through the auction.
  • Delivery: the physical handover of the pony to the Buyer or its transport agent.
  • Veterinary Report: a clinical inspection report, and if available X-rays, submitted prior to the auction.

Article 2 – Applicability

  • These Terms apply to all participation in the auction, bids, sales, and resulting agreements.
  • By registering, the Bidder acknowledges and accepts these Terms.
  • The Auctioneer may amend these Terms at any time; the version published on the Auction Website at the start of the auction is binding.

Article 3 – Role of the Auctioneer

  • The Auctioneer facilitates the auction but is not a contractual party to the Purchase Agreement between Buyer and Seller.
  • The Auctioneer is not liable for any performance or health condition of the pony, nor for omissions or errors in the catalog.
  • The Auctioneer may refuse, correct, or cancel bids, and may exclude participants without stating reasons.

Article 4 – Auction Procedure

  • All lots are sold “as is”  in their condition at the time of sale, without guarantees of future performance or suitability.
  • All bids are placed in euros (€) and are binding and irrevocable.
  • The Auctioneer determines bid increments and may bid on behalf of the Seller up to the reserve price.
  • The auction closes at the announced time; if a bid is placed in the final 5 minutes, closing automatically extends by 5 minutes.
  • The highest accepted bid constitutes allocation; the Purchase Agreement is concluded immediately between Buyer and Seller.

Article 5 – Veterinary Reports and Seller’s Duty to Disclose

  • Each pony is accompanied by a Veterinary Report; Clinical and x-rays are available to view when you login on the website..
  • Sellers must disclose all known stable vices (cribbing, weaving, windsucking).
  • Buyer may arrange a pre-auction inspection at own expense.
  • Seller guarantees that the pony is free of stable vices for at least 48 hours after Delivery; if confirmed by a veterinarian, Buyer may cancel the purchase and return the pony.

  • All ponies have been measured, but these measurements should be considered indicative only. A pony's height can vary slightly depending on factors such as hoof length, recent farrier visits, posture, and tension at the time of measurement. If height is a decisive factor in your purchase, please contact us. You are more than welcome to visit and measure the pony yourself. Alternatively, we would be happy to measure the pony live during a video call, allowing you to verify the height in real time.

     
     

Article 6 – Payment

  • Buyer must pay within 2 business days after receiving te invoice. We understand that with some countries it may take a bit longer:
    • the Purchase Price in euros (€),
    • Buyer’s Premium,
    • applicable VAT
  • The Auctioneer holds the payment in trust until Delivery is confirmed.
  • Export outside EU:
    • Buyer must provide valid customs export documents within 60 days of the invoice date.
    • If such documents are not provided in time, Buyer is liable for VAT in addition to the Purchase Price.
  • No pony, passport, or ownership documents will be released before full payment has been received by the Auctioneer.
  • Late payment: Buyer owes 1% interest per month plus a fixed penalty of 10% of the invoice amount (minimum €1,000).
  • The buyer is responsible for arranging and covering the costs of blood testing immediately after purchase. Should the results show piro-positive, the purchase price will be fully refunded. All costs related to the bloodwork remain the responsibility of the buyer at all times.
  • For VAT-ponies; sales outside the EU, 0% VAT will be applied (provided the Buyer supplies valid export documentation within 60 days of the invoice date).
  • For VAT-ponies; For sales within the EU, 21% VAT will be added to the Purchase Price unless a valid VAT number is provided. In that case, the supply will be subject to 0% VAT.
  • For ponies in the Margin Scheme; Ponies sold within the EU may be sold under the VAT margin scheme (no additional VAT charged on the hammer price).
  • The applicable regime (VAT or margin scheme) will be specified in the catalog entry of each pony.

Article 7 – Delivery, Transport, and Risk

  • Delivery within the EU must occur within 10 days after the auction, unless otherwise agreed.
  • Delivery outside of the EU must occur within 21 days after the auction, unless otherwise agreed.
  • Transport and associated costs (health certificates, quarantine, customs clearance, duties, insurance etc ) are entirely for the Buyer.
  • Risk passes to Buyer at the moment of moneytransfer.

  • If the customer has no experience with importing ponies from the Netherlands, we kindly recommend contacting us after payment of the invoice before arranging transport independently. Organizing transport without prior consultation may significantly complicate the process and cause delays.

    Please note that, in most cases, the transport of ponies between EU member states requires a TRACES health certificate. We can manage the entire process from A to Z, including all necessary procedures and coordination with the competent authorities such as the NVWA, in cooperation with an experienced Dutch transporter.

    If the customer chooses to arrange their own transporter who has no experience with these procedures, the process involving TRACES and the NVWA may become more complex and time-consuming. This may result in delays and additional costs, for example when an NVWA inspection needs to be carried out on-site for a single pony.

Article 8 – Default and Dissolution

  • If Buyer fails to pay or accept Delivery on time, the Seller may dissolve the Purchase Agreement without prior notice of default.
  • Buyer remains liable for the full Purchase Price, VAT, commissions, and all additional costs or damages.
  • The Auctioneer may re-auction the pony; any deficit remains payable by the Buyer, plus a penalty of €10,000.

Article 9 – Complaints

  • Buyer must notify Seller in writing within 3 days of Delivery of any non-conformity, with copy to the Auctioneer.
  • If the defect is repairable and confirmed in writing by a veterinarian, Seller shall remedy it at no cost.

Article 10 – Liability

  • The Auctioneer is not liable for:
    • health condition (including OCD, hereditary conditions, or later discovered defects),
    • catalog inaccuracies,
    • indirect damages such as loss of profit.
  • Seller is solely responsible for the correctness of information provided about the pony.
  • Any liability of the Auctioneer is limited to the commission received.
 

Article 11 – Governing Law and Jurisdiction

  • These Terms are governed by Dutch law.
  • The CISG (Vienna Convention on the International Sale of Goods) does not apply.
  • Any disputes shall be submitted exclusively to the competent court of Oost-Brabant, the Netherlands.

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