Terms and conditions

  1. General information

  1. The Organizer of the Baborówko Horse Sale Show is Pałac Baborówko Krystyna Święcicka, ul. Parkowa 1, 64-500 Szamotuły, TAX ID: 787-001-61-70, hereinafter referred to as Organizer.

  2. Baborówko Horse Sale Show – the sports horse auction, hereinafter called Bidding, will be held in Baborówko, Parkowa 1, from 26th- 29th September 2018.

  3. Both individual person, corporate body or organization may participate on equal terms in the bidding without any restrictions as a Buyer or Seller as per 331 of the Civil Code.

  4. Accepting these Terms and Conditions is prerequisite for taking part in the Bidding. The person taking part in the Bidding as a Buyer or Seller declares that these Terms and Conditions were red and are accepted.

  5. A condition of taking part in the Bidding as a Seller is submitting at least one horse to the bidding. The Seller declares that he is the owner of the horse and that he is authorized to conclude an agreement of purchase of the horse submitted for the Bidding, what is confirmed by submitting the application for Bidding. 

  1. Terms and Conditions for Sellers

  1. Submitting for the Bidding is made through the application that can be found on www.bhss.baborowko.pl. The Seller is filling in all required details, especially details regarding a horse that is the subject of bidding. The Seller is obliged to give true, accurate and complete details in regards to a horse. Information, particularly regarding the ownerships of the horse, cannot be misleading. The Seller is fully responsible for the information provided in application form including all the errors.

  2. Each horse submitted to the bidding must be of minimum age of 4 years old and has sports predispositions for show jumping or eventing.

  3. Each horse submitted to the bidding must have a valid identity document (passport) and a valid confirmation of flu vaccine. A scan of horse’s passport must be attached to the application.

  4. The deadline for submitting horses to bidding is 17th August 2018.

  5. Submitted applications will be verified by the verification committee established by Organizer. The Organizer reserves the right to refrain from accepting any horse to bidding without giving any reason therefore. The Seller will be informed about the decision of accepting or denying the application immediately- an email address given in application form will be used for the response. From the moment of confirmation of accepting the application, the Seller is obliged by the content of the application.

  6. Each horse submitted to the Bidding must undergo the veterinary examination before the Bidding. An examination will include the x-ray done by the EQUI VET SERWIS Dr. Maciej Przewoźny clinic at the date and place appointed by the Organizer or directly at the clinic. The Seller may also present the veterinary examination results performed by another veterinarian according to the standards specified in the regulations of the bidding examination (the examination cannot be made earlier than six months prior to the bidding date). The date of veterinary examination is 20th August 2018.

  7. Horses submitted for the Bidding will take part in photo and video session. The date of photo and video session is 20th August 2018.

  8. Horses qualified to the Bidding must be brought to the place of bidding at cost and risk of the Seller. Horses will be located in the auction stable in the place assigned by Organizer. The stables will be open from the 26th September 4 pm and available for sellers till 30th September 2018, 8 pm. The Organizer provides a box with bedding (straw) at the stables.

  9. On 27th and 28th September 2017 horses qualified for bidding may take part in test riding. The Organizer together with the Seller will coordinate time and number or test rides. The Seller is obliged to prepare the horse for the test ride and to fully cooperate with the Organizer in running the test ride.

  10. On 29th September the horses will take part in the bidding presentation at the arena A. The Seller or an appointed rider is obliged to present the horses in walk, trot and gallop as well as jumping cross country and show jump obstacles.

  11. The Seller is obliged to prepare and present the horse at the bidding ring. The Organizer may provide the presenter if previously agreed with the Seller.

  12. The fees for the submitting and participation of one horse in the bidding are fully covered by the Seller in the price given in the chosen option. The option is chosen by filling in the application form. The Seller may choose from the below fee options:

Option 1 – 1.800 PLN (tax included)

Price includes:

  • Organizational fee for participation in the presentation and the bidding, promotion of the horse on the website and bidding Catalogue.

  • Veterinary examination and x-ray by the EQUI VET SERWIS Dr. Maciej Przewoźny clinic.

  • Stabling with straw and hay from 26th September until 30st September 2018.

  • Promotional video and photos of the horse.

  • Horse insurance – as per attached insurance terms and conditions.

Option 2 – 1.200 PLN (tax included)

Price includes:

  • Organizational fee for participation in the presentation and the bidding, promotion of the horse on the website and bidding Catalogue.

  • Description of the veterinary examination delivered by the Seller. (the description will be performed by Dr. Maciej Przewoźny)

  • Stabling with straw and hay from 26th-30th September 2018.

  • Promotional video and photos of the horse.

  • Horse insurance – as per attached insurance terms and conditions.

  1. With the application form the Seller sends a confirmation of payment for the chosen fee option. The payment shall be issued to the below bank account details with the description 'aukcja' and horse name.

Bank account details 44 9072 0002 0002 7443 2000 0003, Pałac Baborówko Krystyna Święcicka – Baborówko, ul. Parkowa 1, 64-500 Szamotuły.

  1. In case the horse is withdrawn from the Bidding after 20th August 2018, the Seller covers the full fee according to the chosen option.

  1. Terms and conditions for the Buyer

  1. The Organizer is organizing and running Bidding and service of the Bidding referring to these Terms and Conditions. The Organizer is not a part of any purchase agreements signed between Seller and Buyer and does not warrant that Seller and Bayer are authorized for signing and fulfill the contract. No paid deposit is required to participate in the Bidding. Seller authorized the Organizer to collect the total sum of purchase from Buyer.

  2. On 28th–29th September during the timings announced by the Organizer, the Buyer may consult the veterinary examinations with the official veterinary of the Bidding.

  3. All additional costs for veterinary examinations and x-ray performed during the Bidding are covered by Buyer or Seller.

  4. The Organizer is setting the order of the horses for the Bidding. As a rule, the Organizer is setting the order of the horses in the Catalogue as the order of the horses for the Bidding.

  5. Bidding in regards to sale of Seller’s horses will be run as an auction.

  1. Bidding is run by authorized person hereinafter referred to as Auctioneer, who acts on behalf of the Organizer.

  2. The Bidding will be conducted in PLN. The minimum bidding increment is to be 500 PLN (say: five hundred PLN) but it can be increased by the Auctioneer during every auction. The increment can take place several times.

  3. Seller and Organizer agree on the starting price of each horse prior to the auction, from which the bidding starts.

  4. The Auctioneer reserves the ight to refrain from accepting any bid or to make the particular bidding null and void without giving reason therefore.

  5. If any dispute arises between two or more bidders the horse in dispute will be immediately put up for advance bidding starting from the highest level reached set by Auctioneer before the dispute arose or the dispute will be settled by the Auctioneer.

  6. The end of the bidding takes place on the fall of the hammer of Auctioneer and is legally equal to signing purchase contract for the closing price between the Seller and the Bayer, who offered the highest price, under the condition precedent of submitting by the winning Buyer written confirmation of purchase contract containing the subject of purchase, price, details necessary for identification of the Buyer, signature of authorized person including especially (i) if the Buyer is natural person name, surname, address of residence, address for correspondence if other than address of residence; (ii) if the purchase is done by a natural person as a part of a business activity- name of company, business’ address, NIP (Tax Identification Number) REGON (Statistic Identification Number); (iii) if the Buyer is legal person or organization with legal capacity- name of company with the description of the legal structure, registration address, business address, KRS (National Court Register) number, NIP (Tax Identification Number) REGON (Statistic Identification Number), proof of being authorized to act on behalf of the Buyer including defining role of the person authorized; in case of acting by attorney- attorney is obliged to present the written mandate with a notary-certified signature or in form of notary act; the Buyer or person authorized must present Identity Document (ID, Passport, Driving License); in case of failing of above immediately after closing the bidding, no longer than 10 minutes after the bidding, the transaction is not effective, and horse can be once more submitted for the Bidding at the discretion of the Organizer.

  7. The Buyer winning the bidding is obliged to:

  • pay a total contract value not later than 3 days after the purchase, in cash or by bank transfer to the account of the Organizer: 44 9072 0002 0002 7443 2000 0003, Pałac Baborówko Baborówko Krystyna Święcicka – Baborówko, ul. Parkowa 1, 64-500 Szamotuły; in case of transferring money to present the confirmation of bank transfer;

  • Collect the horse at his own expense and risk within 14 days from the bidding under the condition of prior full payment of total purchase price. In case of failing of payment by Buyer, a total purchase price within 3 days from the end of bidding the Seller can, within 3 days from the last day of payment being due, refrain from the sale. The Seller, after fulfilling by the Buyer all terms of handing over the horse, is obliged to hand over the horse with the Identity Document (Horse’s Passport).

  1. The purchase price, being the highest bid accepted by the Auctioneer, is the final net price and will be increased by VAT. The sum being the result of the previous sentence is the total purchase price.

  2. The VAT amount will be reimbursed to the Customers who:

  • possess a European Union VAT registration number and will confirm the intra-community delivery of the collected horses or

  • will submit exportation documents, confirming exportation of the purchased horses out of the territory of European Union, under the condition, that the customs export procedure was started in the territory of Poland and will be completed within 6 months from the date of making full payment for the purchased horses.

  1. The Buyer may pay in EUR. The bid purchase price will be increased by 1 % of the price defined in article 13 for the handling fee. The price will be calculated based on the average daily exchange rate of the National Bank of Poland for a day of fall of the hammer.

  2. Any costs associated with the sale transaction, in particular, the costs of duty stamp, shall be covered by the Buyer unless it is stated that they will be covered by the Seller in these Terms and Conditions.

  3. The title of ownership of the horse being purchased would not be transferred to the Buyer unless he should pay the total amount of money being due including all the remaining expenses connected with the present conditions or other dues to the Organizer and the Seller in accordance with article 12 referring to the rules of paying the price- and receiving total amount by the Organizer.

  4. Immediately after the end of Bidding all horses being sold should be shipped back to the stables of the Seller unless the horse is being picked up by the Buyer right after the auction after previous fulfilling all the conditions of hand over.

  5. The Organizer reserves the right to withdraw any horse from the Bidding before or during the Bidding without giving any reason therefore.

  1. Final statements

  1. These Terms & Conditions shall be public and will be made available in the Organizer's office and on the website www.bhss.baborowko.pl. Any information about the auction in advertising brochures (including information on the posters) is for information purposes only.

  2. Before the Bidding, the Organizer will provide the Catalogue containing details about the horse such as race, pedigree, age, sex. All the details about the horses submitted to the Bidding are provided only by the Seller.

  3. The service of the bidding provided by the Organizer is chargeable. The Seller is charged with all fees and commissions. Fees and commissions that are due will be taken in the first place from the total price paid by the Buyer, before transferring the remainder to the Seller. Commission for Organizer from the Seller is net 8% of total purchase price and is increased by the VAT tax. In case of failing of payment the price by the Buyer within 3 days from winning the bidding, the Seller will make a payment for the cost being due within 2 days from the notice of payment emailed using the address given in the application form. In case of payment done by Buyer excluding the Organizer, the Seller will make a payment for the cost being due within 2 days from the notice of payment emailed using the address given in the application form.

  4. All the actions of the Seller or the Buyer which aim or result to avoid the sale of the horse submitted for the bidding, avoid paying Organizer fees and commissions are forbidden.

  5. In case of selling the horse submitted for the Bidding during the Bidding or within 30 days from end of the Bidding the Seller and the Organizer agree that the sale was a result of the Organizer actions and the Seller will pay the commission of net 8% of total purchase price and is increased by the VAT tax.

  6. All the actions taken by the Seller and the Buyer should be legal and good practice.

  7. The Organizer reserves the right to change these Terms and Conditions as long as it does not violate the basic principles of the Bidding.

  8. All persons present at the ground of the event throughout the entire time are doing so at their own responsibility. Organizers of the auction will not be held responsible for any loss or damage, which could happen to any persons during the Bidding.

  9. The Seller of the horse is responsible for the damage to the horse as a result of any disease, accident or any other cause, from the moment of entering the ground of the Bidding and during the whole stay unless the horse is effectively sold and as a result the risk concerning the horse, especially the risk of loss, damage or other costs, are forwarded to the Buyer with “the fall of hammer” .

  10. The Organizer is not responsible for any horse owned by Seller or Buyer, neither for any damages or for any injuries, which could occur during the Bidding.

  11. The Organizer not responsible for any damage done by any horse as a result of any disease, accident or any other cause during the Bidding.

  12. The Organizer is not responsible for Seller’s or Bayer’s action with the Bidding, nor for failure or improper performance of agreement set within the Bidding, nor for results of Seller’s or Buyer’s action which are a violation of these Terms and Conditions. In particular, the Organizer is not responsible for quality, legitimacy, physical or legal defects of the horses sold in Bidding, purchase capacity or solvency of the Buyer, selling capacity of the Seller, accuracy and reliability of information given by the Seller and the Buyer.

  13. The Buyer has no right to withdraw from the contract set in Bidding.

  14. In case if Seller’s or Buyer’s opinion the service provided by Organizer is failing to fulfill these Terms and Conditions, one can make a complaint by following the below procedure.

  15. A complaint can be made in writing. A complaint should consist of details of submitting the complaint, his role in Bidding (Seller or Buyer) a detailed description of the subject of the complaint and proposed a settlement.

  16. The Organizer will consider the case within 14 days from the day of submitting the complaint. If the complaint does not have all the information needed, the Organizer will ask to complete necessary details and 14 days term will be counted from the day of submitting the complete complaint. Complaints submitted by other parties than Seller or Buyer will not be considered. The response to the complaint will be sent in writing.

  17. Personal data given by Seller and Buyer are collected and processed in accordance with relevant law regulations only for the purpose of the Bidding. The administrator of personal data is Organizer – Pałac Baborówko Krystyna Święcicka Baborówko Parkowa 1, 64-500 Szamotuły, TAX ID: 787-001-61-70. Detailed information on the processing of personal data including the obligations and rights related to their collection and processing, are included in the information published at www.bhss.baborowko.pl.

  18. If any of the articles of these Terms and Conditions will be declared as invalid by the final court decision, all the other articles will remain effective.

  19. All contracts signed within the Bidding or based on these Terms and Conditions, as well as all the matters not regulated by these Terms and Conditions, are governed in accordance with the laws of Poland. All conflicts in regards to the Bidding shall be decided by the competent national courts.

  20. In case of publishing these Terms and Conditions in other languages versions than Polish and in the case of any dispute, the Polish language version shall prevail.