The equinia.com website is published by EQUINIA, a simplified joint stock company with a capital of 99,600 euros, whose head office is located at 1366 Route de Lhermite in CHAMPIGNE (72470), registered at the R.C.S. of LE MANS under the number 897.654.918, represented by its President, Mr. Philippe LEGENDRE.
The present General Terms and Conditions of Auction Sales are governed by the law of July 10, 2000 and the modified decrees n° 2001-650, 651 and 652 concerning the regulation of voluntary sales of furniture by public auction, as well as by the law of July 20, 2011 and the decree n° 2011-850 and the provisions of the Commercial Code and the Consumer Code.
The General Terms and Conditions are applicable to all auction transactions carried out by EQUINIA and are known and accepted by sellers and buyers.
Public auctions are conducted by an auctioneer or, failing that, by authorized ministerial officials.
EQUINIA acts as the seller's agent and the seller grants EQUINIA full subrogation for billing and collection.
Users of the online auction platform on the equinia.com website enter into a reciprocal agreement with EQUINIA.
EQUINIA only provides sellers with a platform to enable them to auction their lots. EQUINIA does not become a contracting party to the auction contract.
Sales are public and open to all, and entry to the establishment is free.
As the presentation of horses can be dangerous, visitors circulate in the Auction House at their own risk and must comply with the recommendations made by the management of the Auction House.
The present general conditions of sale are not intended to apply to the "Breeders Corner" activity, present on the website, which has its own general conditions governing it.
The terms and definitions in these Terms and Conditions, when identified by a capital letter, have the following definitions:
- Buyer: User who has made the highest bid during an auction and has been declared the winner by the Auctioneer
- Adjudication: Legal act by which several potential buyers are put in competition within the framework of an auction
- Successful bidder : Buyer who benefits from the auction
- Release order : Act signed by the Seller authorizing EQUINIA to release the Product and
Product and all its accessories
- Terms and conditions : The contract that binds EQUINIA to its users.
- Auction : The amount (excluding tax) offered by a potential buyer for a Product at an
- Bidder : A user who places a bid on a product.
- Mandate : Sales mandate between the Seller and EQUINIA authorizing the latter to
sell the Product on behalf of the Seller.
- Product : Product offered for sale on the equinia.com website, consisting mainly of horses and foals.
- User: Individual or legal entity having created an account on the equinia.com website
website and having accepted the Terms and Conditions.
- Seller : Natural or legal person, professional or private individual, who has concluded a
Mandate with EQUINIA and offering Products for sale.
- Visitor: An individual or legal entity who is not a User of the equinia.com website.
By registering on the equinia.com website, the User accepts the present Terms and Conditions in their entirety and without reservation.
Access to the services offered by EQUINIA on its website is subject to the User's acceptance of the Terms and Conditions when registering.
The User is deemed to have read and understood all of these Terms and Conditions and to have accepted them without reservation.
When registering, the User is invited to check a box "I accept the Terms and Conditions" materializing this unconditional acceptance of the Terms and Conditions.
Failure to accept the present Terms and Conditions will result in the User being unable to access the services offered by EQUINIA on its website.
EQUINIA reserves the right to modify the present Terms and Conditions at any time, particularly in the event of legislative changes requiring EQUINIA to make such modifications.
Changes to the present Terms and Conditions are effective immediately upon publication.
If the User refuses to accept the new modified Terms and Conditions, he/she will no longer be able to access the services offered by EQUINIA on its website.
By accepting the present Terms and Conditions, the User declares that he/she has the legal capacity to consent to them.
This includes the transmission by the User of any identification document.
The equinia.com website is accessible in a continuous and uninterrupted manner.
However, access to the website may be temporarily suspended for technical reasons based on modifications of the equinia.com website content or the installation of updates.
The User declares that he/she accepts the possibility of a temporary suspension of the website and acknowledges that EQUINIA cannot be held responsible for any technical failure that may occur and cause damage to the User, notably during an online auction.
EQUINIA acts as the seller's agent and is fully subrogated for all operations inherent to the sale.
The amicable sale of any Product presented for auction by EQUINIA and which, in the event of repurchase by the seller, is the subject of a subsequent transaction with the assistance of EQUINIA, is considered as a public auction.
EQUINIA shall not be held liable by the seller or the buyer for anything other than the responsibilities defined in the present Terms and Conditions.
Failure by persons other than EQUINIA to comply with these terms and conditions shall not render EQUINIA liable to sellers, buyers or third parties.
The purpose of the exhibition or visit to the owner's premises prior to the auction is to enable potential buyers to see the condition of the Products presented for sale and to become aware of their characteristics.
Any handling of a Product without supervision by EQUINIA is at the visitor's own risk and he/she may be held responsible in the event of an accident.
EQUINIA will be happy to provide all visitors to the exhibition with any information they may require concerning a lot presented for auction.
Article 6.1: Registration on the service
The Visitor wishing to use the online auction system of the equinia.com website must necessarily create a User account, thus becoming a User subject to the present Terms and Conditions.
When creating an account, the User must fill in the empty fields with personal information. The User declares and guarantees that this information is true, accurate and up-to-date.
The User engages his responsibility in case of transmission of false information.
The User, when registering, checks the box "I accept the terms and conditions", thereby declaring acceptance of these Terms and Conditions.
Any registration on the service is impossible without prior acceptance of these Terms and Conditions.
When registering, the User chooses a username and a password that will allow him/her to connect to his/her personal account on the equinia.com website.
This username and password are strictly confidential and the User shall not transmit them to any third party.
The User shall be fully responsible for any damage that may result from the transmission of this login and password to a third party.
The User acknowledges that EQUINIA will not be liable for any such transmission to a third party.
Furthermore, the transmission of this login and password to a third party constitutes a violation of the present Terms and Conditions of Use which may lead to the immediate deletion of the User's account.
EQUINIA undertakes not to transmit the personal data provided by the User during registration to third parties.
EQUINIA may refuse to register on its website equinia.com to any person for just cause, in particular in the case of notorious insolvency or difficulties in previous auctions, and reserves the right to ask for any proof of solvency.
Persons wishing to register must be of age at the time of registration.
For individuals, only natural persons must be designated as Users.
For legal entities, only a physical person, with indication of his personal name having a power of representation of the aforementioned legal entity must be designated.
The User registering as a professional must indicate this when registering on the website, a field being specifically dedicated to this information.
According to the preliminary article of the Consumer Code :
A consumer is any natural person who is acting for purposes that are not part of his commercial, industrial, craft, liberal or agricultural activity;
- Conversely, a professional is any natural or legal person, public or private, who is acting for purposes within the scope of his commercial, industrial, craft, liberal or agricultural activity, including when acting in the name or on behalf of another professional.
The Professional User is required to comply with current tax legislation and regulations and must therefore register accurate and up-to-date data, particularly with regard to the VAT number.
The Professional User declares that he/she assumes full responsibility for any damage caused by the transmission of inaccurate data when registering and fully guarantees EQUINIA in the event of claims from third parties.
Article 6.2 : Sale of the product by the seller
The Vendor User creates his/her account in the same way as any other User.
Once their account has been created, the Seller may propose that EQUINIA auction their Product.
If EQUINIA agrees to auction the Product through the equinia.com website, the Seller signs a Sales Mandate with EQUINIA.
The Seller who offers a Product for sale by auction declares that he/she is the owner of the Product or that he/she has the agreement of the other co-owners to proceed with the sale.
In the event of joint ownership of the Product, the Seller acting in the name and on behalf of the other joint owners will be able to produce, on request by EQUINIA, proof of the authority granted by the other joint owners to proceed with the sale of the Product.
The Seller declares that he has full authority to enter into a Mandate Agreement with EQUINIA and to offer the Product for sale.
By signing this Mandate, the Seller declares that the information he/she has provided to EQUINIA concerning the Product is accurate.
The Seller acknowledges that this information will be used during the auction and communicated to the User-buyers.
The Seller undertakes to notify EQUINIA in writing prior to the auction of any errors or omissions in the information concerning the lot presented on the website.
The Seller acknowledges that he/she is liable for any inaccurate information provided about the Product and guarantees EQUINIA against any claim by the final buyer of the Product regarding this information.
EQUINIA is not responsible for the information given by the Seller, the Seller assumes full and complete responsibility for such information.
Article 6.3: How does the online auction work?
Once the User's registration is finalized, he/she can bid on the Products available on the equinia.com website.
The online auctions offered by EQUINIA are based on a system that allows sellers, whether professionals or individuals, to offer their Products for auction.
Potential buyers can then bid freely on the "live" auction, the "live" auction being the online event held on the equinia.com website where a Product is auctioned.
EQUINIA cannot be held responsible for any technical problem or mishandling by the User during the online auction that would result in the interruption of the connection or in the User's bid not being taken into account.
At the close of the online event, the Product is awarded to the highest bidder, i.e. the highest bid at the close of the event.
The User with the highest bid at the close of the event becomes the final buyer of the Product.
This auction is made to the highest bidder and is carried out under the control of the Auctioneer.
The successful bidder then undertakes to pay the hammer price immediately, plus the sale costs and any taxes and duties that may be due.
Only the minutes drawn up by the auctioneer are authentic. The descriptions, mentions, photographs and prices announced on the Internet sales platform may be subject to significant modifications until the end of the auction and will be transmitted to all bidders. These modifications will be mentioned in the minutes.
The amount to be paid by the winning User must be transferred in a single payment and includes the auction price excluding VAT and the EQUINIA commission.
Auctions are held against immediate cash payment.
In accordance with the law, bids will, unless otherwise stipulated, be indicated and taken in euros.
For information purposes only, it is possible that the bids indicate a conversion in foreign currency, but only the amount indicated in euros is binding on the buyer.
EQUINIA, in charge of the sale, reserves the right to refuse bids from any bidder who does not offer a known solvency. Any bidder who has not paid his previous bid will be considered as such.
The Bidder, by bidding on a Product, commits his personal responsibility to pay the auction price if his bid is the highest, increased by the auction commission and any duty or tax due.
Bidders act in their own name and on their own behalf, unless otherwise agreed in writing with EQUINIA prior to the sale.
In the event of a dispute by a third party, EQUINIA will hold the Bidder solely responsible for the Auction in question and its settlement.
EQUINIA reserves the right to exclude from future auctions any bidder who fails to comply with these Terms and Conditions.
Public auctions are paid for in cash.
Payment must be made immediately after acceptance of the bid by the seller, in euros, by bank card, bank letter of credit or bank transfer, with presentation of an identity card.
No simple check or foreign bank check will be accepted.
All payments must be made through EQUINIA.
The payment includes the auction price plus the costs of the said auction.
Payment is due immediately, without waiting for the delivery of the documents relating to the Product, on pain of resale at an irresponsible bidding.
If the successful bidder refuses to pay the purchase slip, EQUINIA reserves the right to charge him/her a penalty for irresponsible bidding.
Ownership is transferred to the buyer as soon as the auction closes.
The transfer of responsibility is carried out simultaneously with the transfer of ownership.
However, if the Product dies before its delivery to the successful bidder, the successful bidder will be refunded.
The Seller acknowledges that he has the option of insuring his product against death until delivery of the Product to the buyer.
If the Product is injured prior to delivery, Seller shall assume the care of the Product while it recovers, unless Buyer knowingly accepts the transfer of responsibility.
The Seller will assume all the costs of keeping the Product until its delivery.
If the successful bidder fails to pay, notably in the absence of cash payment by the buyer, EQUINIA reserves the right to proceed with the resale of the Product at an irresponsible auction.
After a formal notice to pay the price has been sent to the buyer and has not been answered, the Product will be put back up for sale at a later sale.
This resale will take place under the same conditions as the first sale, unless otherwise instructed by the Seller.
The defaulting buyer will then have to pay the difference between the initial sale price, in addition to the selling expenses, and the price of the resale on irresponsible bidding.
The auction price is a price without taxes.
The successful bidder is liable, in addition to the auction price, for the following costs
Purchase costs: 10 %.
The successful bidder is also liable for the sum of 100 euros (excl. VAT) for administration costs.
For horses sold with VAT:
The VAT is calculated on the basis of the auction price and the purchase costs
VAT at the rate of 10% for mares that have been covered, fillies coming out of training to be covered in the season, stallions and stallion shares.
VAT at the rate of 20% for all other horses, including those of racing age, yearlings (foals between 1 and 2 years old) and foals (foals under one year old).
Some horses are sold without VAT for sellers not subject to VAT. The calculation of the VAT gives rise to 5 cases:
- The buyer is French and is subject to VAT: VAT is charged on the entire sale price (recoverable VAT)
-The buyer is subject to VAT in an EU member state other than France, provides his intra-community identification number and the Product is delivered in an EU member state: VAT exemption (presentation of the export receipt is mandatory)
- The buyer is subject to VAT in a member state of the EU other than France, provides his intra-community identification number and the Product remains in France: VAT is charged (VAT recoverable from the French tax authorities)
- The buyer is not subject to VAT, neither in France, nor in another EU member state: VAT invoicing (not recoverable)
- The horse is exported outside the EU: VAT exemption on presentation of the customs document certifying the export (original DAU n° 3) and mentioning EQUINIA as exporter.
Horses sold under the temporary import regime give rise to 4 cases:
- The buyer is subject to VAT in an EU member state other than France and provides his intra-community identification number, the horse is delivered in an EU member state: VAT exemption on presentation of proof of delivery
- The buyer is subject to VAT in an EU member state other than France and provides his intra-community identification number, the horse remains in France: VAT is charged at a rate of 20%.
- The buyer is not a resident of the EU and wishes to keep the horse as a temporary import: no VAT is charged but the transfer costs of the temporary import are at his expense.
- The Product is exported immediately: VAT exemption on condition that the temporary admission document is regularized by the buyer with the importing customs office.
EQUINIA declines all responsibility for the legal and fiscal consequences of a false declaration by the buyer.
All products sold must be accompanied by a release form before they can leave the premises.
The Exit Voucher is collected from the secretariat.
The Exit Voucher states that the seller expressly authorizes EQUINIA to allow the lot to leave the sales establishment and releases the company from all consequences concerning this exit.
The Exit Voucher is signed by the final Buyer or his representative to certify that he has taken charge of the Products sold.
All the Products must have left the establishment within the time specified on the website.
Beyond this period, fees will be charged to the buyer.
Each Product is subject to a veterinary examination prior to the sale.
X-rays and reports of the examinations performed are made available to potential buyers on the equinia.com website.
In case of technical malfunction, these clinical examinations can be transmitted to any interested person by letter or e-mail.
The buyer may request, at his own expense, additional veterinary examinations.
EQUINIA will appoint a veterinarian at the time of the sale who will check the horses' description and may carry out a contradictory veterinary examination if requested by the buyer.
EQUINIA will not be held responsible for any inaccuracy or error in the diagnosis of the veterinarian present at the sale.
The Vendor undertakes to authorize the taking of blood samples in the event of an investigation.
As EQUINIA acts solely as the Seller's agent, any dispute regarding a veterinary report must be addressed directly to the Seller.
The Seller declares that it assumes full and complete responsibility for these veterinary reports and acknowledges that any dispute should be addressed directly to the Seller.
Users are informed that EQUINIA does not choose the veterinarian who will produce the veterinary report before the sale, this choice rests solely and exclusively with the Seller.
All horses intended for export outside the EU must meet the sanitary requirements defined by an official agreement between the French health authorities (DGAL) and the authorities of the country of destination.
Upon conclusion of the sale, EQUINIA will inform the seller who will have the tests carried out according to the sanitary requirements of the country of export.
If these tests are positive, the sale will be cancelled and the buyer will be reimbursed the amount paid for the sale price and the incidental costs, the costs of the tests will remain the responsibility of the seller.
If these tests prove to be negative, their costs will be included in the export costs to be paid by the buyer.
The registration of lots by the seller must be accompanied by valid documents including the registration card, the receipt of the certificate of origin, the identification booklet, a certificate of service for mares in foal, and a report for foals (less than one year old).
A copy of these documents must be given to EQUINIA by the seller before the sale.
The seller will be held responsible for not providing the documents and EQUINIA reserves the right to refuse to present the lot at the sale.
The horses can only be deposited and collected once EQUINIA is in possession of all the documents relating to the Product.
The deposit and collection of the papers will take place at EQUINIA's office.
Payment to the Vendor will not be made until the Vendor has provided EQUINIA with the documents relating to the Product.
The Vendor must guarantee the Buyer against redhibitory defects, listed in article R.213-1 and following of the French Rural Code, and not declared by the Buyer before the sale.
Any action based on the aforementioned redhibitory defects must be brought by the purchaser in accordance with the provisions of articles L.213- 1 and following of the Rural Code, within ten days of the sale, not including the day of the sale, except for periodic fluxion and infectious anemia, for which the time limit is thirty days not including the day of the sale.
All time limits shall expire on the last day at 24:00 hours. The time limit that would normally expire on a Saturday, Sunday or holidaý or non-working daý shall be extended until the first working day thereafter.
Under penalty of inadmissibilitý, the buyer must present to the Judge of the Judicial Court where the animal is located a request in order to obtain the appointment of an expert to examine the animal.
Within the same time limit, the buyer must notify the seller, as well as SAS EQUINIA (by registered letter) of the presentation of his request to the Judge of the Court of Justice.
The action for rescission of the sale, initiated by the buyer, must be brought directly against the seller, whose name will be provided to him by SAS EQUINIA at any request from him.
In no case may this action involve SAS EQUINIA which cannot be held responsible.
No claim will be accepted if the buyer has not paid the total amount of the purchase in cash.
The parties are informed that the legal rules of guarantee of the redhibitory defects in the sale of domestic animals such as defined by the articles L.213-1 and following of the Rural Code can be set aside by a contrary agreement.
This contrary agreement can be implicit and result from the destination of the animals sold and the purpose that the parties have proposed and which constitutes the essential condition of the contract binding the seller to the buyer.
The seller is therefore informed that he may be required to guarantee defects not listed in articles R.213-1 and following of the Rural Code depending on the destination of the animal and the purpose of the contract.
The buyer can have the brood mare examined by a veterinarian approved by the seller within 24 hours following the sale before she has left the establishment.
If a vacancy is found, the sale will be cancelled and the buyer will be immediately refunded the amount paid.
The potential buyer of a filly may ask the seller for permission to have her examined prior to the sale by a veterinarian mandated by EQUINIA who will be present at the sale in order to ensure her reproductive capacity and the state of her genitals.
For mares in foal, the seller agrees to pay the balance of the service due in the fall or at foaling.
Unless otherwise stated, a male horse is not sold with the guarantee of being used for breeding. The quality of his semen cannot be invoked as a contract to cancel the sale.
In the case of brood mares, the mare will be returned to the former owner or original lessee at the buyer's expense after the foal has been weaned.
Transportation of the foal mare from the seller's location to the buyer's location will be at the buyer's expense.
The seller can ask for a guarantee up to 3.000 euros for the rental of his mare.
The buyer pays this guarantee to EQUINIA, which will then transfer it to the seller.
EQUINIA receives a mandate from the seller to invoice this guarantee deposit for the rental of a carrier mare.
The deposit is returned to the buyer once the mare is returned in good health to the original owner or tenant.
The Product can be sold with the "stallion guarantee".
This guarantee means that the buyer will be able to have an endoscopy and a semen examination done within 30 days of the sale if they are not on the veterinary file. He will have to indicate on the purchase order his intention to have such examinations carried out and if they do not conclude that the horse is suitable for public breeding with fresh semen, the sale is cancelled by right. If no negative result is transmitted to EQUINIA within 30 days following the auction, the sale is complete and no recourse by the buyer against the seller will be admissible.
In addition to the legal guarantee against redhibitory defects, EQUINIA offers buyers of horses listed in the catalog a complementary service: mortality insurance through the intermediary of the insurance broker Pegase Insurance.
This guarantee can be taken out for a minimum period of two months from the auction for an insured capital corresponding to the auction price plus the sale costs.
All the information relating to this service is made available to the Users.
As the lots remain the property of the sellers until the auction, EQUINIA cannot be held responsible for any accidents, illnesses or damage of any kind to the animals or caused by them to third parties, whether inside or outside the premises.
The risks resulting from a fire and the resulting damage are the responsibility of the sellers.
Potential buyers wishing to have additional veterinary examinations carried out, within the limits of the protocol established by the Association of Equine Veterinarians, shall bear the responsibility for damage caused to the animal.
In case of damage to the animal, the potential buyer and the veterinarian will be solely responsible and will have to bear all direct and indirect consequences.
Sellers and Buyers acknowledge that EQUINIA cannot be held responsible for any damage caused by the animal or to the animal.
Loading and unloading operations, and all other similar operations, are at the Seller's risk.
As soon as the auction is completed, the buyer assumes the above-mentioned responsibilities by substituting himself for the seller.
EQUINIA may accept that its employees take care of loading, unloading, moving and shipping operations on behalf of the owner (Seller or Tenderer). This does not entail any novation to the conditions stipulated in this article. The Seller and the successful bidder are free to take care of the loading and unloading themselves.
If the buyer is a consumer in the sense of the first article of the Consumer Code, and the seller is a seller acting in his professional or commercial activity, the consumer has a legal right of withdrawal of 14 days on the basis of article L.221-18 of the Consumer Code.
The parties agree, taking into account the specificities of the Product sold, to set the starting point of the withdrawal period as the day after the award of the Product.
If the buyer wishes to implement his right of withdrawal, he must send a registered letter with acknowledgement of receipt directly to the seller.
The consumer buyer is informed that he can in any case resort to a conventional mediation, in particular with the Commission of the mediation of consumption as stipulated in the article L612-1 of the Code of consumption or with the existing sectorial mediation authorities, or with any alternative mode of settlement of the disputes (conciliation, for example) in case of dispute.
The present general conditions of sale are governed by French law.
The purchaser can seize the jurisdiction of the place of the defendant or the place of transfer of the animal or of the occurrence of the harmful fact.
The consumer purchaser benefits moreover from the provisions of the Code of the consumption relating to the competence of the jurisdictions.
EQUINIA is the owner of all photographs and videos published in catalogs, newspapers or any other advertising medium.
In all cases, EQUINIA and the sellers or buyers of the horses they own may use the photographs and videos concerning them.
EQUINIA has the moral and economic rights to all of these works and any use of them without its express authorization is prohibited.
Civil liability claims arising from voluntary sales of furniture by public auction are subject to a five-year statute of limitations from the date of the auction.
In the event of wilful misconduct or gross negligence, EQUINIA is liable for any damage caused by itself, its legal representatives or its employees.
In the case of slight negligence, EQUINIA is only liable for physical injury to persons.
In other cases, EQUINIA may only be held liable on the basis of contractual responsibility.
In the course of its activities, EQUINIA processes personal data relating to users of the platform.
EQUINIA may use this personal data to meet its legal obligations and also for the purposes of its commercial activity through sales and marketing operations, unless the user objects.
This personal data may be transmitted to the competent authorities if required by law.
In accordance with the regulations applicable to personal data, users have the following rights:
They can update or delete their data by logging into their account and configuring the settings of this account.
They can delete their account by writing to the following email address
email@example.com. It should be noted that information shared with other users, such as forum postings, may remain publicly visible on the Platform even after their account has been deleted.
They can exercise their right of access to their personal data by writing to the following e-mail address: firstname.lastname@example.org. In this case, before implementing this right, the Platform may request proof of the user's identity in order to verify its accuracy.
If the personal data held by the Platform are inaccurate, they may request the update of the information, by writing to the following email address: email@example.com ;
Users may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the following e-mail address: firstname.lastname@example.org;
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