The present general conditions of sale are completed by special conditions specific to each sale.
Since sales are public, access to sales establishments is necessarily free. Since the presentation of the horses may involve dangers, visitors circulate in the establishments at their own risk and must comply with the recommendations made by BALSAN ENCHERES ovov. Neither the owner sellers or the organizers of the sale will be responsible for the damages suffered by a visitor to these establishments.
Article 2 - Public auction
Public auctions are, in accordance with the law, carried out by the Auctioneer, responsible for OVV BALSAN ENCHERES. These general conditions of sale are applicable in all its provisions as long as they are not contrary to those established before the sale and recorded in the minutes. The seller or the buyer cannot claim the responsibility of OVV BALSAN ENCHERES.
Article 3 - Auctions
Auctions are effective when payment is made. OVV BALSAN ENCHERES is in charge of the sale and reserves the right to reject bids from any bidder that does not offer a notable creditworthiness. Any bidder who has not paid their previous auction will be rejected. In accordance with the law, auctions will be indicated and taken in euros. Simultaneous translation into foreign currencies is for reference only. If it is established that two or more bidders simultaneously held an equivalent bid at the same time on the same horse, either out loud or by signal, and that they claim this horse at the same time after the auction award, said horse will be auctioned immediately at the price of the last auction and all those present public may bid again. The horse will be awarded to the highest and last bidder.
Article 4 - Invalid auction
OVV BALSAN ENCHERES expressly reserves the right to proceed, the same day or the next day, after the auction related to the last registered number, to the resale at auction of a horse for which the buyer would prove that is unable to pay. When OVV BALSAN ENCHERES considers that the buyer does not have sufficient guarantees, OVV BALSAN ENCHERES will be authorized, in the absence of cash payment, to put the animal up for sale again immediately on the day of the auction or the next day, after the auction related to the last number registered, without prior formal notice or legal formalities, at the risk and responsibility of the successful bidder who, by the fact of the auction, commits his financial responsibility to the seller for the costs of the first sale, as well as the sale in an express auction. In that case, BALSAN ENCHERES OVV should only pay the seller the amount of the resale in an express auction. In case of resale in an express auction, unless the seller indicates the opposite, given to the Auctioneer before resale, the possible reserve price indicated by him in advance will remain valid. In the same way and under the same conditions, if immediately after the auction the bidder is not found to sign his bond, the horse will be represented at the auction during the same auction or the next day. In this hypothesis, the responsability of OVV BALSAN ENCHERES can not in any case be requested by either the seller or the buyer that failed.
Article 5 - Information to be provided by the seller
Every seller must present in writing the declarations, under his responsibility, to the public. OVV BALSAN ENCHERES is only responsible of the the seller's statements that will be provided to the public, but is not responsible for the accuracy and sincerity of the statements made by the seller, in particular regarding the designation of the horses , its origin and country of birth, its description, earnings, commitments, latent defects, the VAT subjugation system, etc. Therefore, the seller must inform in writing before the sale, the mistakes or omissions that appear in the catalog so that they are pointed out to the public by means of a pre-sale ad in the gallery and horses presented by him. Please note that any seller who has not provided, prior to the start of the sale, a written error correction regarding the information in the catalog, about the horses shipped by him, has approved this information and is therefore responsible of this error in its entirety.
Article 6 - Veterinary examination
Each horse was examined by an OVV BALSAN ENCHERES approved vet prior to sale. X-rays are available to interested persons on the online sale site: www.balsanencheres-horses.com, as well as reports of clinical examinations. OVV BALSAN ENCHERES will order a veterinarian to verify the reports of the horses on the day of the sale and, in the event that a buyer obtains a contradictory examination, carry out said examination on the spot, without the responsibility of OVV BALSAN ENCHERES can search in case of inaccuracy or diagnostic error. In the event of an investigation, the seller agrees to authorize the necessary blood test. If desired, the buyer can request an anti-doping test be carried out on their cargo immediately after the auction. You must indicate this on the auction form and go to or be shown at establishments where the sales vet takes the blood test also in the presence of the seller or his representative.
Article 7 - Original papers
Horses registered by the seller must be accompanied by valid documents including the registration card, the receipt of the certificate of origin, the identification book, as well as a pregnancy certificate for the mares that are pregnant and a report for foals. These documents must be delivered before the sale by the seller to OVV BALSAN ENCHERES. The seller's responsability can be requested in the event that the documents have not been delivered on time, without prejudice to the right to refuse the presentation of the animal for sale. The entrance and exit of horses can only be done when OVV BALSAN ENCHERES has all the documents related to the horses for sale. The deposit and withdrawal of documents will always take place at the OVV BALSAN ENCHERES office. Payment to the seller is not made until the seller has provided the attached documents to OVV BALSAN ENCHERES.
Article 8 - Guarantee regarding latent defects and hidden defects
Horses presented at a public auction are sold according the use, without warranty, particularly hidden defects. However, the seller must guarantee the buyer against latent defects, listed in article R 213-1 and following of the Rural Code and not declared by him before the sale. Any action based on said latent defects must be presented by the buyer in accordance with the provisions of articles L213-1 and following of the Rural Code, that is, within ten days after the sale, not including the same day Letospira and the infectious anemia for which is the thirty day period not included on the day of sale. Any deadline expires on the last day at 24 hours. The period that will normally expire on a Saturday, Sunday, or a holiday will run until the next business day. Within these terms and under penalty of inadmissibility, the buyer must submit to the Judge of the Judicial Court where the animal is located a request to obtain the registry of experts responsible for drafting the minutes of the examination of the animal. Within these same terms, the buyer must notify the seller, as well as BALSAN ENCHERES OVV (by registered letter) of the presentation of their request to the Court Judge. The action for the resolution of the sale, initiated by the buyer, must be drafted directly against the seller whose name will be provided by OVV BALSAN ENCHERES at his request. In no case can this action bring BALSAN ENCHERES OVV into question, which is not responsible. No claim is admissible if the buyer has not paid the full amount of his purchase in cash. In the event of a fatal default, the funds will be blocked in the regulated account of OVV BALSAN ENCHERES.
Article 09 - Sale of brood mares or stallions
The seller can have the confirmation of gestation in the gallery, by presenting a veterinary certificate in the fifteen days prior to the sale. The buyer is entitled to a veterinarian approval of the mare's pregnancy for a period of 24 hours after the sale and before she leaves the establishment. In the event that a void is observed during this exam, the sale will be automatically canceled and the buyer will immediately refund their purchase. The potential buyer of a filly has the right, before sale, to ask the seller for permission to do an examination by the OVV BALSAN ENCHERES approved veterinarian and present for sale, to ensure its ability to reproduce, particularly with regard to the state of their genitalia. For pregnant mares, the seller agrees to pay the remaining balance of the semen service in the fall or at the momento that the mare delivers. Unless the seller say the opposite, a male horse is not sold with the guarantee that it can be used as a stallion. In particular, the quality of his semen cannot be invoked as a case of cancellation of the sale. If a horse is sold with "Stallion Guarantee" on its catalog page, this means that if they are not included in the vet file, the buyer can have an endoscopy and semen examination within 30 days of sale . You must indicate in the purchase order your possible intention that these exams be carried out and if these do not conclude that the horse is fit to officially impregnate, the sale will be automatically canceled. The non-freezing of the semen cannot constitute a reason for the cancellation of the sale. If no negative results are officially reported to OVV BALSAN ENCHERES within 30 days after the auction, the sale will be perfect and no further claims from the buyer to the seller will be accepted.
Article 10 - Additional guarantees
Please refer to the specific conditions of each sale.
Article 11 - Responsability for damage caused by the animal or caused to the animal
Until the auction is declared, the horses for sale remain the property of the seller, OVV BALSAN ENCHERES is not responsible for any accident, illness or damage to the animals or caused by them to third parties either inside or outside the establishments . The risks resulting from fire and loss and damage are also exclusive responsibility of the sellers. Boarding or disembarking operations, and all other similar operations, are at the seller's risk. Immediately after the auction, the buyer replaces the seller for these responsibilities. The buyer can take possession of his horse immediately after the auction and payment.
Article 12 - Payment terms
All public auctions are considered to be paid in cash. Payment must be made in cash and immediately after each sale, in euros by bank card, letter of credit from a bank or bank transfer and with proof of identity. Individual checks or checks from foreign banks will not be accepted. All payments must be made through OVV BALSAN ENCHERES. The payment will include the auction price and will be increased by the auction costs. These costs, as well as the price, must be paid immediately, without waiting for the delivery of the documents, under resale in an immediate auction after the official one.
Article 13 - Exit permits
No horse, sold or unsold, may leave the establishment without an exit permit. This must be collected at the secretariat. The exit receipt will specify that the seller expressly authorizes BALSAN ENCHERES OVV to let the lot that was sold leave the Sale establishment and to release it from all consequences related to this exit. The proof of departure will be signed by the Buyer or his agent to certify that he is in charge of the horse or horses sold. All horses must have left the establishment within the time limit that the Auctioneer will call out on the day of the sale. After this period, the buyer will be charged a fee.
Article 14 - Costs of sale to be borne by the buyer
In addition to the auction price payable in cash, the buyer will be liable for the purchase costs which are fixed in the specific conditions of each sale.
The horses are sold either with or without VAT, but in any case, the auction price is exclusive of VAT. - Horses sold with VAT give rise to 7 cases which will appear as follows: 1) The buyer is liable to VAT in France: invoicing of 20% VAT on the auction price. 2) The horse is in temporary importation (TVAD) a) The buyer is resident: invoicing of 20% on the price of the auction, whatever the regime of the buyer (VAT recoverable for taxable persons under the legal conditions of common law). b) The buyer is non-resident and wishes to maintain the horse in temporary importation: no invoicing of the TVAD, but the expenses of transfer of the temporary importation are the responsibility of the buyer. c) The buyer is foreign (EEC or not EEC) and wishes to re-export the horse: no invoicing of VAT. 3) The buyer is not subject to VAT: 20% of the auction price is charged. 4) The horse is immediately exported to a country of the EEC: a) If the buyer is subject to VAT in his country of residence, the buyer's European VAT number must be communicated to the Société de Ventes Volontaires Balsan Enchères and only on this condition: exemption from VAT. This number will appear on the sales invoice. b) If the buyer is not subject to VAT in his country of residence: 20% extra charge on top of the auction price. 5) If the horse is exported immediately to a country outside the EEC: payment of a 20% VAT deposit refunded against presentation of the official exit document. - Horses sold without VAT are the property of the seller who is not liable for VAT. - The sale costs to be paid by the seller are subject to VAT at the rate of 20%. 6) Horses sold for the exclusive purpose of reproduction are subject to a rate of 5.5% instead of 20%. The buyer must mention this on the purchase order at the time of signing. 7) Horses sold for both breeding and sport use are subject to a 5.5% VAT rate on the fraction of their value linked to the breeding use. This mention must be made by the buyer and under his responsibility on the purchase order at the time of his signature.
Article 15 – After-sales
For any horse that is registered in the auction catalog and which would be sold after the auction even if the operation is carried out outside the auction establishment within 7 days following the auction in which it was registered, the seller will be responsible for the payment to OVV BALSAN ENCHERES of sums that it would normally have received in the event of a sale during the auction.
Article 16 - Allocation of jurisdiction
These general conditions of sales are ruled by French Law. The consumer can bring a case before the court, in addition to one of the jurisdictions territorially competent according to the Civil Procedure Law, the court of the place where he lived at the time of the conclusion of the contract or where the harmful event occurred.
Article 17 - Brokerage mandate
If a buyer wishes to acquire an equine through a broker, a brokerage mandate (downloadable from the auction's web page) must be completed and sent to OVV Balsan Enchères at least 48 hours before the auction starts. Through this brokerage mandate, the principal gives the broker the power to act in his name, to represent him at an auction and to buy equine in his name from the OVV Balsan Enchères. Otherwise, the broker, as the bidder, will be personally responsible and liable for the sums due, buyer’s fees included. Signed brokerage mandates must be submitted against receipt to the OVV Balsan Enchères at least 48 hours before the concerned auction and any purchase made by a broker mandated by a buyer must be notified to our administrative department. The purchase slip signed by the broker must indicate the identity of the broker and the buyer.