BLUE RIBBON ACTION BY LA CACCIA GENERAL CONDITIONS


ARTICLE 1. GENERAL - SCOPE
1. Sunderland S.r.l., VAT 02622830988, a corporation organized and existing under the laws of Italy, with its head office located at 25081 Bedizzole (BS),
Italy Via Benaco 34/B, represented by Mr. Omar Bonomelli, tax code BNMMRO75C08D284G, is the promoter of the Blue Ribbon Auction by La Caccia,
2. the following general auction conditions apply automatically upon registration of each bidder,
3. the sale contract with the purchaser and the legal relation with the bidder are based on the present online auction conditions,
4. Sunderland S.r.l. reserves property right and copyright on images, videos, drawings, descriptions and other documents used for auction purposes. For communication to a third party the Purchaser, the Bidder and that third party shall require express written permission to Sunderland S.r.l.


ARTICLE 2. DEFINITIONS
1. Auction: the online Blue Ribbon Auction by La Caccia, via the auction website of Sunderland S.r.l.,
2. Auction website: the website, on which Sunderland S.r.l. offers its auction service, is: www.blue-ribbon.auction,
3. Seller: the adult natural person or legal entity who has instructed Sunderland S.r.l. to sell one or more horses through the
Auction on his/her behalf,
4. Bidder: the adult natural person or legal entity who registers on the website of Sunderland S.r.l. in order to participate in the auction Blue Ribbon Auction by La Caccia,
5. Bid: the amount offered by the bidder at the Auction for a lot, plus any taxes and costs (including - but not limited to the auction costs),
6. Horse: the horse offered on the auction website, described as well as possible on the basis of information, images and clinical examination report. This information is only intended to give an impression of the qualities of the horse,without the presumption of completion and correctness and without any guarantee,
7. Buyer: the bidder to whom the lot is allocated,
8. Purchase agreement: the purchase agreement between the seller on the one hand and the buyer on the other, which is concluded as a result of the allocation to the highest bidder, based on the present general conditions,
9. Allotment: the explicit statement of Sunderland S.r.l. that the lot, on which the bid has been made, is allocated to the best bidder, who is declared the buyer of the lot,
10. Personal data: information that can be assigned to a specific person and used to identify that person; they must beprovided to Sunderland S.r.l. upon registration on the auction website, in order to be able to bid as a bidder at the Auction,


ARTICLE 3. APPLICABILITY
1. By participating in the Auction, each participant is deemed to have taken note of these auction conditions and to have accepted them without any
reservation.


ARTICLE 4. REGISTRATION OF THE BIDDER
1.Sunderland S.r.l. reserves the right to refuse or unilaterally terminate the registration and participation in the Auction at any time,
2. the bidder is obliged to ensure the correctness and completeness of all the information provided by him/her upon registration. Should this information change at any time, the bidder has the obligation to immediately inform Sunderland S.r.l.,
3. the username and password used by the bidder in the Auction are strictly personal and they may not be transferred to third parties
4. Sunderland S.r.l. is also entitled, on behalf of the seller, to demand fulfillment of a bidder’s payment obligations as a result of bids and subsequent allocation that have taken place by using the password and user name of the bidder.
5.By participating in the Auction, the bidder declares to be authorized to perform legal acts and declares to be competent to enter into a purchase agreement with regard to the relevant lot,
6.a registration can be deleted at any time; in this case, all registered data will be permanently deleted, as long as they are not required for an ongoing bidding process,


ARTICLE 5. PRIVACY STATEMENT
1. Sunderland S.r.l. will only use the personal data of a bidder for the purpose for which they are intended, and so for the organization, preparation and execution of the Auction and of the consequent purchase agreement,
2. Sunderland S.r.l. makes reasonable efforts to secure its systems against loss of data and/or against any form of unlawful use and takes appropriate technical and organizational measures,
3. the Auction website may contain links to other third party websites, on which Sunderland S.r.l. has no influence.


ARTICLE 6. THE AUCTION PROCEDURE
1. The seller makes a horse available for sale through the Auction organized by Sunderland S.r.l.,
2. Sunderland S.r.l. acts as an auction service. The organization, preparation and execution of the Auction are determined exclusively by Sunderland S.r.l..
This means, among other things, that Sunderland S.r.l. determines the course of events prior to and during the Auction and it has the authority not to auction one or more lots or to change the composition of lots, not to recognize a bid and to declare it invalid and to suspend, resume, extend or cancel the Auction and/or to take other measures when this seems necessary,
3. the duration of the Auction is indicated on the website. This does not affect the fact that Sunderland S.r.l. is entitled to cancel the Auction, terminate it prematurely, suspend or extend it at any time. For example, Sunderland S.r.l. will be able to exercise its right to extend the Auction when it is, due to technical malfunctions, not accessible to all bidders,
4. the bidder is obliged to follow instructions and directions given by or on behalf of Sunderland S.r.l. in the context of the Auction,
5. the bidder accepts the special circumstances that can occur at an internet auction and the technical imperfections that may arise. Under no circumstances can Sunderland S.r.l. be held liable for such facts,
6. if a bid is made in the last 5 minutes before the close of the Auction, the Auction will be extended by 5 minutes.


ARTICLE 7. THE BID
1. A bid must be made in the exact manner indicated on the Auction website,
2. the Auction takes place “by bidding”,
3. a bid by the bidder is considered an offer to the seller,
4. bids and payments are made in EURO value,
5. the Auction proceeds according to the following bidding steps:
• From 6.000,00 euro to 10.000,00 euro per euro 500,00
• From 10.000,00 to 25.000,00 euros per euro 1.000,00
• From 25.000,00 euro per euro 2.000,00
6. the bidder is bound by a bid, which is considered irrevocable and unconditional,
7. each bidder is deemed to be bidding for himself and he/she is personally bound to Sunderland S.r.l. and, after allocation, to the seller for the obligations arising from his/her bid,
8. the previous point also applies if the person making the bid declares to act on behalf of a third party.,
9. if several people declare that they are jointly making or they have jointly made a bid, they are jointly and indivisibly liable for the consequent obligations towards Sunderland S.r.l. and, after allocation, towards the seller,
10. Sunderland S.r.l. and the seller are entitled to participate in the Auction and make a bid on behalf of third parties for the lot(s) offered.


ARTICLE 8. INVOICING AND PAYMENT
1. In the Auction a horse is allotted to the highest bidder,
2. the buyer owes Sunderland S.r.l. auction costs, which amount to 10 % of the final bid made by the buyer,
3. by making a bid, the bidder undertakes to pay the settlement amount, unless a higher bid is made thereafter,
4. the settlement amount is immediately due upon allotment,
5. Sunderland S.r.l. will issue to the buyer an invoice for the Auction costs, + 22% VAT, which must be paid directly by the buyer to Sunderland S.rl.,
6. in addition, the buyer will receive an invoice from the seller relating to the purchase price, which may be increased by 22% VAT, if such sale is subject to VAT as per applicable law,
7. the buyer shall pay the full purchase price (highest bid + auction costs + possible VAT), and so both the invoices, at sight, on the account of Sunderland S.r.l.,
8. buyers resident or domiciled in non-EU countries will be reimbursed VAT if the animals are transported abroad immediately after purchase. The export documents have to be immediately sent to Sunderland S.r.l.,
9. buyers resident or domiciled in other EU countries pay the Italian statutory VAT. They will be reimbursed if they provide proof, by submitting their VAT identification number, that they will purchase the animal for their company and execute it immediately after the purchase,
10. if the buyer doesn’t pay on time and in the prescribed manner, he/she is in default towards Sunderland S.r.l. and the seller,
11. if the purchase agreement is terminated by the seller or the buyer, or it’s otherwise affected by them, the buyer continues to owe the auction costs to Sunderland S.r.l., without prejudice to any other right of Sunderland S.r.l. in that case,
12. Sunderland S.r.l. will issue the payment to the seller after receiving both the payment from the buyer and a signed delivery note of the horse with
relevant passport.


ARTICLE 9. PURCHASE
1. The purchase contract is concluded as the result of allocation to the highest bidder,
2. the buyer, or his/her representative, shall collect the horse from the seller, at his/her seat or residence, unless otherwise agreed between buyer and seller, at the expenses of the buyer,
3. the horse cannot be delivered without its passport,
4. the horse must be collected not later than 15 (fifteen) days after allocation,
5. upon delivery of the horse, a signed delivery note shall be signed by both seller and buyer,
6. delivery will only take place after Sunderland S.r.l. has informed the seller that the settlement amount, as defined per article 8 of these auction conditions, has been deposited into the account number of Sunderland S.r.l.,
7. the transfer of risk to the buyer occurs with the delivery to the buyer or his/her representative, so the seller remains responsible for that horse until the moment of delivery,
8. the purchase takes place under the suspensive condition that the full purchase price, the auction costs and any other amounts have been paid by the buyer,
9. so, the ownership of the horse is transferred to the buyer at the moment that he/she makes the due and full payment to Sunderland S.r.l.,


ARTICLE 10. LIABILITY
1. Any liability regarding the auctioned horses is transferred to the buyer immediately after allotment,
2. the legal relationship exists directly between buyer and seller, with this understanding that the seller is liable to the buyer, with explicit exclusion of Sunderland S.r.l. for any shortcoming a horse may display after the Auction,
3. neither seller or buyer can derive any rights from the fact that the horse has been selected and it has been subjected to the veterinary examinations,
4. the seller undertakes to ensure that the horse is delivered healthy, free from congenital diseases and from any type of injury,
5. the information provided about the horses on the website is exclusively intended to give an impression of the qualities of the horse, without the presumption of completion and correctness and without any guarantee; they are not content of a quality agreement with respect to the future purchase contract,
6. for the description of a lot, Sunderland S.r.l. is purely led by the information provided by the seller or a third party,
7. Sunderland S.r.l. is not liable for any printing mistakes and material errors on its website and online catalogue.


ARTICLE 11. APPLICABLE LAW AND QUALIFIED COURT
1. These Conditions shall be governed by Italian law,
2. the validity of the UN Sales Convention (CISG: United Nations Convention on contracts for the International Sale of Goods dated 11/04/1980) is excluded,
3. any dispute, controversy or claim arising out of or relating to these Conditions, its breach or invalidity, interpretation or application thereof, and/or in connection with and/or in performance of the Auction, shall be settled by the Court of Brescia, Italy.


ARTICLE 12. DATA PROTECTION
1.As per article 5., personal data are collected and stored only if necessary for the purpose for which they are intended,
2.personal data are processed under legal provisions,
3.data Controller and Protection Manager is Sunderland S.r.l. as identified per article 1.1,
4.in the event of changes to this Privacy Policy ,the amended one will be posted, with is the effective date, on the website. Changes that affect the participants’ consent will only be made by renewed consent. This Privacy Policy applies to all participants who register after 20.04.2018, from the time they have registered to accept this Privacy Policy,
5.at any time participants have the right to have information about their stored personal data, origin and recipient and the purpose of the data processing and a right to correct, block or delete this data at no charge.


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