(show jumpers, dressage horses, yearlings, broodmares, ponies, recreational horses, 2nd sections and accessories).
In the event of discrepancies between the French text of these terms and conditions and translations thereof, the French text shall prevail.
1.1. LG HORSE AUCTION (LGHA) organizes in its function as an intermediary between sellers and buyers in the auctions of LGHA. The organization, preparation and execution of the auction are exclusively determined by LGHA. This means, among other things, that LGHA determines the course of business prior to and during the auction and has the authority not to auction one or more lots or to refuse to acknowledge a bid and declare it invalid and to suspend, resume the auction, to extend or cancel and/or to take other measures it deems necessary.
1.2. These auction terms and conditions are applicable to all sales agreements concluded during the auction related to the horses/ponies/lots offered via LG HORSE AUCTION, as well as any agreements resulting from that.
1.3. This agreement - and the agreements which derive thereof - are governed by Belgian law. Only the French text will be binding.
1.4. These terms and conditions are announced prior to the start of the auction by including them in the auction catalogue or placing them on the website of LGHA. All participants of the auction will, by participating in the auction, agree upon these terms and conditions being applicable during the auction and any agreement resulting from the auction.
2.1. During the online auction, the horses shown by LGHA will be presented in-hand or under the saddle via photos/videos, possibilities of tries if the owner is ok, after contacts. LGHA is not the owner of any of the lots and has no direct or indirect interest in the selected lots. LGHA will only offer a platform for potential buyers to buy horses/ponies/lots directly from the owners of the concerned lots.
2.2. The lots will be sold during the auction by bidding in the Euro currency, unless otherwise stated. The auctioneer may determine another bid increment before starting the bidding process on a specific lot. Potential bidders/buyers will be held to their bids until a higher bid has been received. If the auctioneer awards a bid to a buyer, the relevant buyer is obliged to pay the amount due as defined in Article 3. In case of doubt concerning the validity of a bid, the previous bid can be accepted again, after which bidding can resume. In the event of any disputes arising with or during the bidding process, the decision of the auction committee shall be binding.
2.3. Telephone bids and online bids are directly binding. Placing a bid online, follow by a payment obligation and both a binding purchase agreement between buyer and seller and a mediation agreement between LGHA and buyer and LGHA and seller will be realized.
3.1. The amount due by the buyer shall be calculated as follows:
Auction hammer price highest bid for the lot + VAT
[The VAT% is indicated per lot in the catalogue, if th seller is not a professional with a company, it will be without VAT).
+ Plus commission fee of 8% on the hammer price + VAT
[21% VAT to LGHA Belgium]
= Amount to be paid
[The final VAT charged depends on the VAT system of the buyer, seller/lot and country of export (See also point 8.)]
The amount payable by the buyer shall become payable immediately. Payment is to be made by bank transfer. Settlement of any counter-claims is excluded.
3.2. Immediately after completion of the auction, the buyer is obliged to fulfill all his/her obligations to the auction office. Payments must be made within the stipulated period of 5 days for the total of all bids and all other amounts due. Collections have to be done within 12 days after the end of the Auction in accordance with point 5.3. If a buyer should fail to comply with this obligation, LGHA shall be entitled not to recognize the offer and to declare the bidding invalidate, after which the lot can be allocated to the second highest bidder and/or alternatively the lot can be made available for the next auction, with the appropriate mentioning of the frivolous bidder. The buyer shall in these events be considered to be in legal default and shall be liable to compensate LGHA for any damage incurred, without prejudice to any other rights that LGHA may have. These damages consist out of the commission fee (8% + VAT) on the highest bid + the difference between the amount of the original bid and the ultimately realized amount + the amount of an all-in registration fee (+ VAT) + the costs mentioned under point 5.3. The amount of damages is directly claimable.
3.3. The amount due by the seller and the seller conditions shall be agreed upon in a separate agreement.
3.4. LGHA is entitled to gather information on the financial situation of a specific bidder/buyer and participant to the auction and may decide to make the conclusion of an agreement with the relevant bidder/buyer conditional, based on the information obtained and to ask for collateral such as a bank guarantee, a letter of credit or any other collateral.
3.5. Buyers have the option to conclude an insurance for the lot that they purchased with a third party. This insurance is not concluded by LGHA.
4.1. The horses/ponies/lots offered in the auction are identified by origin, sex, color and year of birth, as stated on the website of LG HORSE AUCTION.
4.2. Of the adult sport horses that will be sold through the auction, a radiographic test conducted at least 12 months prior to the auction will be asked. A standard clinical (sport horses) examination will be asked in a period of 45 days prior to the auction.
4.3. The available veterinary findings can, if available (in time), be provided upon the request of potential buyers or viewed in the online catalogue prior to the auction.
4.4. LGHA has tried to offer healthy sport horses at the auction, that are suitable for sport in terms of health. Despite the precautions, LGHA cannot ensure all horses to be auctioned are clinically and radiographically healthy at the time of delivery.
4.4.a. The name sport horses, mainly in connection with suitability for sport, does not apply to the categories 2nd section, breeding mares, pregnant mares, recreation and accessories. The 2nd section includes the sale without guarantee on certain parts of horses without inspection or with remarks on x-rays or clinical inspection or with stable vices.
4.5. The fact that inspections and reports are being asked does not mean that they are always available (on time) or cannot contain any comments. LGHA cannot be held liable by buyers for claims based on non-conformity of the horse to be auctioned (or any other claim based on this factual background), when it comes to the health of the horse, the performances of the horse and/or the purpose of use of the horses. If examinations or information are not available for publication, no guarantees can be derived from them.
Please view the reports and any possible comments before the auction starts.
4.6. LGHA has tried to compile the available information about the lots as accurately as possible. The information is aimed at giving the best possible impression of the horses, but without pretending to be complete. The organization is not responsible for the accuracy of the information on the website and in the auction catalog, on the auction site or during the auction.
By clicking the bid confirmation, the buyer confirms that he is aware of the information of the lot and the availability or possible lack of information/inspections/reports at the time of the auction. The buyer buys a horse in the condition in which it is at the moment of clicking on the confirmation of the bid.
4.7. LGHA cannot be held liable for damages to persons or goods, which arise before, during or after the Auction.
5.1. Immediately after a bid on a lot has been accepted, any risks related to the purchased lot shall be transferred to the buyer and any responsibility and liability, as well as all risk factors are transferred to the respective buyer. The buyer shall indemnify LGHA and seller from any claims brought by third parties.
5.2. Ownership of the purchased lot passes to the buyer at the time of release as defined in Article 5.3. of these terms and conditions, but not before the buyer has settled all full purchase amounts and debts and any other amounts due to LGHA resulting from non-compliance.
5.3. The buyer is obliged to take possession of the purchased horse/pony/lot at the place and time as specified by LGHA Auction/seller, and in the absence thereof within 12 days after the end of the Auction. The costs for transport and possible associated costs such as health certificates, Traces, blood tests, quarantine, (import) duties or taxes are at the expense of the buyer. If requested by LGHA Auction/seller, it will be done upon presentation of a valid identity document. Delivery of the purchased lot takes place by means of its collection. Collection consists of pick up/reception of the purchased lot by the buyer. Collection may only take place after settlement of all purchase prices in full and all other amounts due by the buyer. If the buyer should refuse release or if he/she should fail to provide information or instructions required for the release, LGHA Auction/seller shall remove the purchased lot and keep it in stables at the expense and risk of the buyer and then reference is made to point 3.2. In these cases, the buyer is obliged to compensate all additional costs, including in any case the stabling costs, to LGHA and/or the seller.
6.1. If a buyer finds that the horse purchased does not conform to the contract description after actual delivery, the buyer shall not be entitled to any recourse if the seller has not been informed thereof by registered letter within three weeks after the auction date (with a copy to LGHA).
6.2. The seller warrants, unless notified of such prior to the sale, that the horse purchased by the buyer does not suffer from any stable vices such as sucking air, systematic weaving or cribbing for a period of 48 hours after actual delivery to the buyer.
6.3. If a veterinarian, registered as an inspection veterinarian for horses or a horse veterinarian should state in writing that one of the stable vices listed in Article 6.2. was established in his/ her expert opinion prior to the date of actual delivery, the buyer shall be entitled to terminate the purchase agreement with all resulting consequences. The buyer will, in that case, return the horse as quickly as possible to seller. Until the actual delivery of the horse, the buyer will behave as a good guardian over the horse. Seller will accept the horse and shall within 7 days after the delivery of the horse, pay back the auction price, excluding the commission charge to buyer. Seller is not liable for compensation of any further damages of the seller. LGHA is not liable for any damages refraining from the termination of the purchase agreement. The termination of the purchase agreement does not affect the mediation agreement between LGHA and buyer.
6.4. The 2nd section includes the sale without guarantee of horses without inspection or with remarks on x-rays or clinical inspection or with stable vices.
7.1. All disputes have to be declared in writing within 5 working days to the auction committee of the LGHA.
7.2. If the seller or LGHA intends to file proceedings and if the buyer is considered to be a consumer, he/she shall be given the opportunity to announce its decision pertaining to Paragraph 7.1. in writing within a period of one month. In the event of an urgent matter (summary procedure), the seller (casu quo LGHA) may decide to shorten that period to five business days.
7.3. In the event of a dispute between the parties, they will endeavor to resolve this dispute amicably. If one of the parties is of the opinion that no solution has been reached, then the court designated by LGHA has exclusive jurisdiction. Belgian law applies to the agreements between LGHA and other parties.
8.1. After the purchase, LGHA sends a payment request to the buyer with all amounts and bank details. After receiving all full payments on LGHA's account, LGHA will exchange the contact details of the buyer and seller and vice versa to arrange the transfer of the horses, passports and invoices or private sales agreements.
8.2. Bank transfers may take some time. Have the transport only arranged after confirmation of payment by LGHA. No horses/passports may be transferred to the buyer or transporter or other third parties until LGHA has confirmed in writing that the full payments have been verified on LGHA's account. (not based on screen shots or payment statements).
8.3. Export in EU - Intra-Community delivery. Buyers have to send the correct VAT number and signed "Statement of transportation of goods" document to LGHA.
8.4. Export outside the EU: The applicable VAT has to be paid in advance or as a deposit and this will be refunded after the buyer delivers the official customs document of the export within 6 weeks after the payment date. After 6 weeks, the VAT has to be reclaimed by the buyer in the country of destination.
In the event of discrepancies between the French text of these terms and conditions and translations thereof, the French text shall prevail.
All horses in the auction must be examined clinically (<45 days before the auction) and sport horses also radiographically (<12 months prior to the auction) and they must be approved for the sport recently.
They must be in order with the basic vaccinations and free of contagious diseases such as glanders, fungus ...
If there is no inspection yet for the horse in question, this must be done by order and at the expense of the seller, by a freely selected veterinarian. The inspections and reports are forwarded to LGHA for publication (preferably in English).
LGHA wants to give breeders the opportunity to promote horses in a professional way and to offer them to our customers who are looking for sport horses.
All this at a democratic registration price, by which we try to support the owners and increase the sales market of our sport horses in an honest and professionnal way!
• Horses 400 € excl. VAT.
• Horses in the category 2nd section, Broodmares, Yearlings or Ponies € 250 excl. VAT.
• Foals/embryos: € 200 excl. VAT.
• If the lot is sold to a customer at the auction, there are, except for the registration fee, no additional selling costs/commissions for the seller, regardless of the amount.
• If the lot is bought back by the seller there are, except for the registration fee, no additional selling costs/commissions for the seller.
LGHA assumes that sellers participate in the auction to sell. We ask sellers not to bid at online auctions themselves or only during the last moments if necessary.
At the publication in the online catalog, the registration fee must be paid and you are bound by the general conditions and the seller conditions as both are published on the website of LG HORSE AUCTION.
A published horse must enter the auction and be sold through the auction, including the applicable buyer premium due to LGHA.
The person registering the horse/lot declares that he is the owner and/or responsible for the registered horse/lot and confirms that he has provided LGHA with all requested and available information, examinations and description truthfully, completely and correctly. Violations of this may lead to the cancellation of the sale.
Always state your VAT arrangement per horse (business, margin, stud stallion, private), along with all your contact details and any company details and VAT number.
• VAT related to the registration:
If you want a business invoice for registration, you must provide us with your VAT number and company details.
The VAT to be paid is:
- for Belgian companies: 21% VAT
- for non-Belgian companies: 0% VAT intra-Community scheme
- for all others: 21% VAT
• VAT related to the horse:
If the horse is sold for business purposes, the buyer must pay VAT on the highest bid.
This must be specified in the catalog.
By default 0% VAT is published.
If another VAT% was not indicated in time before the start of the auction, any VAT will be deducted from the highest bid received.
For a good promotion you must have interesting photos and/or videos of your horses taken or provide us with them.
Usually the photographer takes the following photos:
- 1 close photo of the head and neck, both side.
- 1 stand photo of the full horse in front view and
- 1 stand photo of the full horse in profile view.
It is recommended to present the horses as well as possible on these pictures/videos.
- horse's passport
- a nice halter/bridle for the photo; preferably no halter/bridle during video recording
- clean hoof with oil
• All information about the seller (name, address, e-mail, telephone number, VAT), the horse, performance of the horse or pedigree and/or useful data to describe the horse properly is preferably transferred timely via the online registration (or by e-mail).
If a copy of a passport is forwarded: For sex H, S or M(ale) always indicate (with pencil) whether it is a stallion or gelding.
If, at online registration, you have not submitted any further sales text in the "comments/sports data" box, please provide it separately.
An interesting description contains 3 to a maximum of 10 lines of short text. We correct and translate texts supplied.
Preferably only send this by e-mail to email@example.com with the name as subject.
• Medical examinations (clinical report + x-ray report) and x-rays picture set must also be submitted in time and in full by e-mail or WeTransfer (https://wetransfer.com) in a standard digitally readable format (jpeg, png, pfd, dicom).
Preferably no forwarding x-rays from smartphone or tablet because they can distort the files.
If inspections/xrays have not yet been made: inform Audrey or David to look for any options.
• It is very difficult to adjust descriptions, VAT data, medical information, etc. on the auction day.
• LGHA does not use reserve or minimum prices during the auctions on behalf of the sellers:
An offered horse is always sold, either by sale to a customer or by repurchase by the owner.
The seller himself is responsible for possible bidding/buying back.
• As an intermediary, LGHA has the buyer with the highest bid fill out and then asks the buyer for full payment.
No horses may be transferred to the buyer or transporter or other third parties before LGHA has confirmed in writing that the full payment has been verified on LGHA's account.
• LGHA will attempt to collect the amount due from the buyer after the auction. However, the auction organization is not responsible for the collection or cannot be held liable if this collection appears to be impossible for whatever reason. The seller explicitly acknowledges and accepts that the auction organization is not liable for the inability to trace the identity of the buyer, or for non-payment by the buyer.
• After receiving the full payment from the buyer on account of LGHA, we send the seller and the buyer the contact details of both parties concerned to:
- make an appointment for the transfer/delivery/collection of the horse
- to be able to officially invoice the horse to the buyer in the event of a business sale
- or in the case of private sale to be able to draw up a sales agreement between seller and buyer.
• The delivery/collection of the horse and the transfer take place at the expense, risk and responsibility of the buyer and seller according to their mutual agreement. The seller provides the assistance that may reasonably be expected and takes care of the lot up to and including collection, as befits a good custodian.
The costs for transport and possible associated costs such as health certificates, Traces, blood tests, quarantine, (import) duties or taxes are at the expense of the buyer, but in particular international buyers need assistance with applying for health certificates/Traces for transport or possibly blood tests at the seller's location: it is best to agree the terms and costs with the buyer or their transport handler in advance.
• LGHA processes the administration and payment of the horses to the seller ca. 30 days after written proof of transfer of the horse, passport and invoice* to the buyer.
A delivery note is made available to both parties.
*For business sales, after confirmation of receipt of the full payment, the outgoing invoice for the amount of the horse "has been paid" from the seller to the buyer can be sent to the buyer and sent to LGHA in copy (CC e-mail).
• The person who has registered the horse and thereby declares to be the owner and responsible person, will always send proof of transfers of:
- documents (stud certificate, embryo certificate, pregnancy certificate ...)
- the most recent IBAN and BIC/SWIFT bank details
via e-mail to LGHA stating: horse and lot number.
• After the auction, LGHA does not publish any public lists with prices and/or individual names of buyers or sellers.
For all information and conditions about the selection, you can turn to Audrey or David.