Article 1. Scope

The present terms and conditions govern the relationship between each individual party expressing an intent to bid during the Aloga Auction (referred to as a “Bidder”) and (i) Bertram Allen Gmbh, the Organiser, and (ii) Ballywalter Stables Limited, the Seller of horses offered for sale during the auction. These terms and conditions cover all preparatory actions, including information sharing and the organization of sightings.

1.1 Applicability

The terms and conditions extend to all actions related to the Aloga Auction, and any general terms and conditions of a Bidder are expressly rejected.

Article 2. The Aloga Auction

The Aloga Auction is a public auction under Belgian law for horses in the jumping and dressage disciplines, organized by the Organiser. The auction will take place on May 6, 2025, starting at 20:30 h, at Sentower Park, Opglabeek. The ministerial officer overseeing the conditions of sale is Mr. Luc Mathé.

2.1 Public Auction

The Aloga Auction is conducted in accordance with article VI.75 of the Belgian Code of Economic Law, specifically for horses in the jumping and dressage disciplines.

2.2 Date and Location

The Aloga Auction will be organized by the Organiser on May 6, 2025, at 20:30 h at Sentower Park, Leemkuilstraat 21, B3660 Opglabeek. Mr. Luc Mathé is the appointed bailiff overseeing the auction.

2.3 Online Bidding

Bidders who are duly registered can place online bids on the Aloga Auction website (www.aloga-auction.com) both before and during the actual auction. The Organiser may publish online bids at their discretion.

2.4 Auction Duration

The Aloga Auction will start and close at the time indicated in advance on the Aloga Auction website and at the location. The auction's duration and online bidding period will be displayed accordingly.

2.5 No Right of Revocation

Once a sale is concluded during the Aloga Auction, either in person or by proxy, there is no right of revocation. Consumers may exercise a 14-day withdrawal period after delivery of the horse(s), provided the sale was concluded via telecommunication. The withdrawal form is available on the website.

Article 3. Offer

All information about the Seller and the horses offered for sale during the Aloga Auction can be accessed on the Aloga Auction website before the auction begins.

3.1 Information on Horses

Bidders can consult detailed information about the Seller and the horses that will be auctioned on the website prior to the auction.

3.2 Viewing and Tryouts

Before the auction starts, Bidders have the opportunity to view and/or try out the horses at the location specified in article 2.2. Appointments must be made in advance via email to info@aloga-auction.com.

3.3 Trial Period

Bidders cannot request a trial period to try out the horse(s) that are offered for sale by the Seller.

3.4 Health and Condition of Horses

Bidders acknowledge that the horses are offered in the state of health "as is" during the Aloga Auction, as demonstrated by the report of the veterinarian appointed by the Organiser. This report will be part of the information provided as mentioned in article 3.1 of these terms and conditions.

3.5 No Guarantee on Future Performance or Health

The relevant Seller cannot give any guarantee with respect to the horse’s future sporting abilities or future state of health. All risks in this respect are the sole responsibility of the Buyer.

Article 4. Registration

4.1 Participation in the Aloga Auction is only permitted for natural persons and legal persons who have fully and truthfully completed the registration process before the start of the Aloga Auction, either on the website www.aloga-auction.com or on paper provided at the location referred to in article 2.2 of these terms and conditions.

4.2 Refusal of Participation

The Organiser reserves the right to refuse the participation or bids of persons, regardless of whether or not they are registered in accordance with this article 4.

4.3 Agreement to Terms

By completing the registration process referred to in article 4.1 of these terms and conditions, the Bidder agrees expressly and without any reservation with these terms and conditions.

Article 5. Bids

5.1 The horses are solely offered through a bidding procedure authorized under the laws of Belgium (articles VI.75-VI.79 of the Belgian Code of Economic Law) that will take place during the Aloga Auction at the location referred to in article 2.2 of these terms and conditions.

5.2 Currency and VAT

Bids can only be placed in EURO and exclusive of VAT to create a level playing field among Bidders.

5.3 In-Person Bidding

The Bidder who wishes to place a bid can do so by attending the Aloga Auction in person at the time and location indicated in articles 2.2 and 2.3 of these terms and conditions.

5.4 Proxy Bidding

If the Bidder cannot attend the Aloga Auction in person, the Bidder can appoint a proxyholder by completing a proxy bid form. A template proxy bid form is available on the website www.aloga-auction.com. By submitting the proxy bid form, the Bidder authorizes the proxyholder to place a bid on behalf of the Bidder at the location referred to in article 2.2 of these terms and conditions during the Aloga Auction. The relationship between the proxy giver and proxyholder is subject to the agreement between these parties. In relation to the Organiser and the Seller, the proxy giver remains responsible for all acts performed by the proxyholder under said proxy agreement.

5.5 Liability of the Bidder

The Bidder who places a bid, whether in person or through a registered proxyholder, is deemed to bid for their own account and will be held personally liable for all obligations resulting from participation in the Aloga Auction.

5.6 Refusal of Bidder or Bid

The Organiser may at all times refuse a Bidder or bid if the Bidder is deemed untrustworthy or acting in violation of any legal or contractual obligation that may or might impact the auction or the further execution of the potential sale.

5.7 Starting Bid and Increment

The starting bid for each horse will be EUR 25,000.00 excluding VAT. When a Bidder has placed the starting bid, other Bidders can place a minimum bid of EUR 2,500.00 up to EUR 100,000.00 excluding VAT. A minimum bid of EUR 5,000.00 can be placed thereafter. However, the auctioneer has sole discretion to accept or reject bids, deviate from the specified bid increments, and their decision is final.

5.8 Validity of Bid

Once placed, a bid will remain valid until a higher bid has been accepted.

5.9 Authority of the Auctioneer

The acceptance of bids is the sole and discretionary authority of the auctioneer appointed by the Organiser. The auctioneer shall strive to take all bids duly into account, supervised by the bailiff, without incurring any liability if a bid has been overlooked or not taken into account. The auctioneer has the authority to refuse bids he does not deem fit. The auctioneer’s decision is final and not open for review. The auctioneer, at his discretion, ends the Aloga Auction and awards the concerned horse to the highest and final bid (the "Closing").

Article 6. Conclusion of Sales Agreement

6.1 Each sales agreement is considered to be concluded between the Seller of the horse and the Bidder who has placed the highest and final bid (the "Buyer") at the Closing of the Aloga Auction.

6.2 Place of Conclusion

The sales agreement is considered concluded at the location referred to in article 2.2 of these terms and conditions, where the Aloga Auction takes place.

Article 7. Transfer of Risk

7.1 All risks related to the purchased horse are transferred to the Buyer immediately after the Closing of the Aloga Auction.

Article 8. Price and Additional Costs

8.1 The Buyer undertakes to pay the following amounts due on the respective bank accounts of the Seller and the Organiser:

• 8.1.1 The purchase price must be paid by the Buyer to the Seller of the purchased horse. The purchase price will be the amount equal to the final and highest bid placed by the Buyer during the Aloga Auction plus, in case applicable, the concerned VAT mentioned in article 8.1.2.
• 8.1.2 The Value Added Tax (VAT) (if applicable) on the purchase price must be paid by the Buyer to the Seller of the purchased horse.
• 8.1.3 The costs related to the organisation of the Aloga Auction, equal to 8% (excluding VAT) of the purchase price as mentioned under article 8.1.1, must be paid by the Buyer to the Organiser, as well as the VAT over the amount of the aforementioned costs related to the organisation of the Auction.

Article 9. Payment

9.1 The Seller and Organiser will provide the Buyer with respective invoices for the amounts due as referred to in articles 8.1.1, 8.1.2, and 8.1.3 of these terms and conditions.

9.2 Payment should be made by wire transfer to the account designated by the Seller and the Organiser. Payment is made in euro unless any other currency is mentioned on the invoice of the Seller and the Organiser. All transaction costs shall be borne by the Buyer.

9.3 In case of late payment, a default interest of 10% per year is due automatically and without prior notice starting from the expiry date of the invoice.

9.4 In case of late payment, an amount of 10% of the invoice amount with a minimum of EUR 250,00 is also due automatically and without prior notice as compensation for extrajudicial recovery costs.

9.5 Notwithstanding the provisions of articles 9.3 and 9.4 of these terms and conditions, the Seller and/or Organiser may suspend fulfilment of their contractual obligations until payment in full by the Buyer.

Article 10. Ownership

10.1 The purchased horse shall remain property of the Seller and ownership shall only pass to the Buyer after payment of all amounts due under these terms and conditions.

Article 11. Delivery - Transport

11.1 After the receipt of the amounts due to the Seller and the Organiser, the obligation of the Seller to deliver the purchased horse to the Buyer shall be transferred to the Organiser of the Aloga Auction. The Buyer and the Organiser will agree on the time and manner of the actual delivery of the horse. Unless otherwise agreed in writing between the Organiser and the Buyer, the horse will be picked up by the Buyer at Germany, 46569 Hünxe, Wachtenbrinker Weg 6. The actual delivery of the horse must in any event take place within fourteen (14) days after the Closing. In case of delay, the Organiser is entitled to charge the costs of stabling and maintenance of the purchased horse equal to EUR 80,00 per day to the Buyer.

11.2 All risks and costs – including insurances – related to the transportation of the purchased horse shall be borne by the Buyer.

Article 12. Liability

12.1 The Organiser shall not be liable for the occurrence of damage due to any accident that happened in, on, or in the vicinity of the sites or buildings where the horses can be inspected and tried out, and at the location of the Aloga Auction or where the purchased horses can be picked up, except in case of intentional misconduct or gross negligence of the Organiser. Persons who access the sites and buildings of the Aloga Auction and of the location where the Aloga Auction is held, shall do so at their own risk.

12.2 The Organiser shall not be liable for damage caused by the provision of incorrect and/or incomplete information provided by the Seller, except in case of intentional misconduct or gross negligence of the Organiser.

12.3 In case of liability of the Organiser, the liability shall in any event be limited to the maximum amount covered by the insurance company of the Organiser.

Article 13. Complaints

13.1 Any visible defaults with regard to the condition of the purchased horse must be reported to the Organiser immediately upon delivery by the Buyer.

13.2 Any complaints concerning hidden defaults with regard to the condition of the purchased horse must be reported to the Organiser within eight (8) days after the date of discovery, this date starting either at the moment of actual discovery of the concerned default or at the moment such default should reasonably have been discovered, whichever date comes first.

Article 14. Personal Data

14.1 The Organiser shall process personal data provided by the potential buyer. The processing of personal data is necessary for the performance of these terms and conditions and necessary for compliance with the legal obligations to which the Organiser is subject.

14.2 The Organiser shall process the personal data of the potential buyer in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter referred to as: “GDPR”).

14.3 The Organiser qualifies as the controller of the personal data provided by the potential buyer, as defined in article 4 (7) of the GDPR.

14.4 The Organiser shall implement appropriate technical and organisational measures to ensure and to be able to demonstrate that processing is performed in accordance with the GDPR.

14.5 The Organiser shall not disclose the personal data of the potential buyer to third parties unless disclosure is required by law or necessary for the execution of the agreement under these terms and conditions. The Organiser shall disclose the personal data provided by the Buyer to the appointed bailiff, who will be in charge of the conditions of sale of the Aloga Auction. The Organiser shall also disclose the personal data of the Buyer to the Seller required for the performance of the concluded sales agreement pursuant to article 6 of these terms and conditions.

14.6 The Seller – who will receive the personal data of the Buyer from the Organiser at the Closing – also qualifies as the controller of the personal data as defined in article 4 (7) of the GDPR.

14.7 The Seller shall process the personal data of the Buyer in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter referred to as: “GDPR”).

14.8 The processing by the Seller of personal data of the Buyer is necessary for the performance of the sales agreement that shall be concluded between the Seller and the Buyer upon Closing of the Aloga Auction.

14.9 The Seller shall implement appropriate technical and organisational measures to ensure and to be able to demonstrate that processing is performed in accordance with the GDPR.

14.10 The Seller shall not disclose the personal data of the Buyer to third parties unless disclosure is required by law or for the performance of the sales agreement.

Article 15. Governing Law and Disputes

15.1 The current terms and conditions are subject to Belgian law, with the exclusion of the provisions of the Vienna Convention on the international sale of goods.

15.2 Any disputes arising from or relating to these terms and conditions shall be exclusively submitted to the competent courts of the province of Antwerp, Antwerp division.