Regulations and general terms and conditions of the auction and mandate for the seller

1. Acceptance of Conditions

1.1 This document governs the general conditions between the seller and the auction house. Sellers may list, offer for sale, and entrust the management of their goods (horses, ponies, equine embryos, agricultural machinery, equestrian equipment, and any other goods falling within the scope of the auction) on the online auction platform managed by VD Horses Auction.

1.2 The granting of the mandate shall occur through registration on the platform and digital acceptance of these conditions, with binding effect pursuant to Articles 1179 et seq. of the Romanian Civil Code.

1.3 The submission of each individual lot implies specific acceptance of these terms for each item listed for sale.

2. Subject of the Mandate

2.1 The Seller entrusts VD Horses Auction with the mandate to promote and manage the sale of their lot via online auction, authorizing the platform to publish, process, and present related information, photographs, videos, documents, and more.

2.2 The mandate is to be understood as with representation and implies that VD Horses Auction is authorized to conclude the sale in the name and on behalf of the seller, within the limits of the auction award and the auction house regulations.

2.3 The mandate is limited to the period the lot is published on the site and until the completion of the award procedure, unless otherwise agreed between the parties.

3. Lot Upload and Description

3.1 Once registered on the site, the Seller will independently upload each lot, completing all required fields. In particular, they must provide:

a) A detailed and technical description of the good (e.g., breed, age, sex, genealogy, health status, origin, intended use);

b) High-resolution photos and videos, compliant with the required standards;

c) Mandatory administrative and health documentation (passport, pedigree, veterinary reports, FEI certifications if available);

d) The minimum starting price (auction base price) for each lot, which must not be less than €3,000.00 (three thousand euros);

e) The reserve price, if set, must also be no less than €3,000.00. Setting a reserve price is optional and can be specified when granting the mandate;

f) In any case, the provisions of points d) and e) may be expressly waived by the seller through a specific written agreement signed by both parties.

3.2 The Seller guarantees that all uploaded information is truthful, up-to-date, complete, and compliant with applicable regulations.

3.3 In the case of false declarations, significant omissions, and/or material discrepancies in the data, documents, and/or information provided about the lot, VD Horses Auction reserves the right, at its sole discretion, to:

– temporarily suspend the lot’s publication;

– permanently remove the lot from the platform;

– terminate the mandate with immediate effect by written notice, without prejudice to any further action for damages.

3.4 If no additional documented expenses have been incurred, the auction house shall have the right to retain and/or claim a fixed penalty of €1,000.00 (one thousand euros), without prejudice to the right to claim further damages.

3.5 In such cases, the seller must return in full any amounts already received from the auction house, for any reason, within 7 (seven) days of written request, with the auction house reserving the right to pursue legal action for recovery and/or damages.

3.6 To allow a complete evaluation of the lot, the seller must provide the auction house with radiographic examinations including:

– Sport horses and ponies ≥ 148 cm (unshod): radiographic images (max. 12 months) + radiology report (max. 12 months) + clinical exam report (max. 45 days);

– Ponies ≥ 109 cm: clinical exam report (max. 45 days);

– Pregnant mares: veterinary pregnancy certificate – covering certificate;

– Broodmares: veterinary fertility declaration (max. 100 days old);

– Foals: clinical exam report (max. 45 days old).

4. Base Price and Reserve Price

4.1 The minimum starting price for each lot shall be no less than €3,000.00 (three thousand euros).

4.2 The Seller may optionally indicate a reserve price, which must be communicated to the Auction House at the time of registration.

4.3 If, at the end of the auction, the highest bid does not reach the reserve price, the seller may:

a) Accept the highest bid and finalize the sale;

b) Refuse the offer, in which case they shall be obliged to pay VD Horses Auction the auction commission calculated on the reserve price (Article 1272 Romanian Civil Code).

5. Commissions and Fees

5.1 VD Horses Auction, in case of sale, shall be entitled to a commission equal to 10% (ten percent) of the final net sale price + 19% VAT, unless otherwise agreed in writing.

5.2 The costs for lot registration, advertising, technical management, data processing, and digital support shall be borne by the seller, as specified in point 6.

5.3 In the event of sale cancellation due to seller withdrawal, fake bids, and/or violation of these conditions, the seller shall still be required to pay commissions calculated on the reserve price.

6. Euro Deposit for Auction Participation

6.1 Deposit requirement for submitting the lot

To submit lots for sale at auction, each seller must register on the VD Horses Auction website and pay a non-refundable fee as follows:

a) €300.00 for 1 lot;

b) €400.00 for 1 lot;

c) €500.00 for 1 lot;

d) €600.00 for 1 lot;

e) €700.00 for 1 lot.

The amount must be paid to the following bank details:

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7. Seller’s Obligations and Warranties

7.1 The Seller warrants that they are the owner of the item offered and/or have a valid legal title enforceable against third parties to sell it.

7.2 The Seller guarantees the absence of hidden defects, redhibitory defects, legal proceedings, liens, seizures, tax privileges, or any third-party rights on the item and undertakes to fully indemnify VD Horses Auction in case of claims.

7.3 If the lot is accompanied by complete and updated veterinary documentation, it may be sold with contractual warranty. Otherwise, it will be sold without warranty, as stated in the buyer’s regulations.

7.4 The Seller undertakes not to engage in fake bidding (so-called ‘bidding up’); in case of fake bidding and subsequent withdrawal of the real bidder, the item shall automatically be considered awarded to the seller, who will be required to pay the price and commission.

8. Award and Pickup

8.1 Once the lot is awarded, the seller will be informed via email and/or through the platform.

8.2 The collection of the item will be entirely at the buyer’s expense, according to the terms and methods indicated by the auction house.

8.3 The auction house does not provide delivery and/or transport services.

8.4 The seller undertakes to ensure the actual availability of the item for pickup within the specified time, unless force majeure prevents it, and must agree with the buyer on the collection method, subject to authorization by the auction house, which must confirm that the payment has been credited.

9. Personal Data Processing

9.1 The Seller expressly authorizes the Auction House, as data controller, to use, store, and disseminate personal data provided in accordance with EU Regulation 2016/679 (GDPR) and Romanian Law no. 190/2018, solely for the execution of this mandate.

9.2 The data may be shared with professionals (veterinarians, transporters, notaries, FEI federal bodies, buyers) exclusively for technical and contractual purposes.

10. Applicable Law and Jurisdiction

10.1 These conditions are governed by Romanian law and, where compatible, by European and international regulations on auctions, sales, and online services.

10.2 For any dispute, the Court of Bucharest shall have exclusive jurisdiction, with express waiver of any other concurrent jurisdiction.

11. Payment to the Seller

11.1 VD Horses Auction will proceed with the payment of the auction price in favor of the seller only after the expiration of the warranty period, if any, as provided in the ‘REGULATIONS AND GENERAL TERMS AND CONDITIONS FOR PARTICIPATION IN THE AUCTION BY THE BUYER.’

11.2 In the absence of specific declared warranties, within 60 days from the definitive award of the item, VD Horses Auction will proceed with the payment to the seller.

11.3 If the lot was offered with contractual warranty, payment will be suspended until the full expiration of the warranty period specified in the lot documentation. In the event of objections raised by the buyer within such term, payment shall remain suspended until amicable or judicial resolution of the dispute, without any liability on the part of VD Horses Auction.

11.4 Where the seller has expressly excluded any form of warranty, clearly stated in the listing and attached documents, VD Horses Auction may proceed with payment within 30 working days of the definitive award, unless formal objections are raised by the buyer for hidden and/or undisclosed defects.

11.5 In all cases, payment shall be made net of commissions, incurred expenses, and any taxes payable by the seller, via bank transfer to the account details provided at registration.

11.6 VD Horses Auction acts as a fiduciary agent and trustee of the sums received, without assuming direct responsibility for any disputes between the parties or warranty obligations regarding the goods sold.

12. Awareness Clause and Double Signature

12.1 Pursuant to Article 1203 of the Romanian Civil Code, the seller declares that they have read, understood, and fully accepted the content of these conditions.

12.2 The seller shall sign this document twice, also in digital form, to confirm both their review and conscious acceptance of the clauses that impose obligations on them.