GENERAL TERMS AND CONDITIONS OF SALE
ARTICLE 1 – PREAMBLE
These General Terms and Conditions of Sale are deemed to be known and accepted by both sellers and buyers, and apply to all transactions carried out by OVV BALSAN ENCHERES. They are governed by the legal provisions and regulations applicable to voluntary sales of movable property at public auctions (Law of July 10, 2000, Law of July 20, 2011, and Decree 2011-850), as well as by the provisions of the French Commercial Code. As the sales are public, entry to the auction venues is necessarily free of charge. However, OVV BALSAN ENCHERES reserves the right to refuse entry if the maximum seating capacity has been reached. As the presentation of horses may involve risks, visitors move around the premises at their own risk and must comply with the recommendations made to them by OVV BALSAN ENCHERES. Neither the sellers nor the organizers of the sale can be held liable for any damage sustained by a visitor at these premises.
In general, failure to comply with these General Terms and Conditions of Sale shall not incur the liability of OVV BALSAN ENCHERES toward buyers or third parties.
ARTICLE 2 – PUBLIC AUCTION SALE
Public auctions are, in accordance with the law, conducted by an Auctioneer authorized by OVV BALSAN ENCHERES. These General Terms and Conditions of Sale apply in their entirety, provided they do not contradict any conditions stated before the sale and recorded in the minutes. The liability of OVV BALSAN ENCHERES cannot be sought by either the seller or the buyer. OVV BALSAN ENCHERES acts as the seller’s agent and is fully authorized to carry out all operations related to the sale, including invoicing and payment collection.
ARTICLE 3 – BIDDING
For horses, the minimum bid will be €1,000, and for ponies, the minimum bid will be €500; exceptions may be granted by OVV BALSAN ENCHERES. Public auctions require immediate cash payment. OVV BALSAN ENCHERES, in charge of the sale, reserves the right to refuse bids from any bidder who does not demonstrate clear solvency. Any bidder who has not settled a previous purchase will be considered as lacking solvency. In accordance with the law, bids will be announced and accepted in euros. Any simultaneous translation into foreign currencies is provided for informational purposes only. If it is established that two or more bidders have simultaneously placed identical bids on the same horse, either verbally or by gesture, and both claim the horse immediately after the adjudication is announced, the horse will immediately be re-auctioned at the price of the last bid, and all those present will be allowed to bid again. The horse will then be awarded to the highest and final bidder.
ARTICLE 4 – DEFAULTING BIDDER
OVV BALSAN ENCHERES expressly reserves the right to immediately reoffer for sale, on the same day or the following day after the last lot of the session, any horse whose buyer proves to be in default or unable to complete the purchase. Similarly, if the buyer is deemed by OVV BALSAN ENCHERES not to offer sufficient guarantees, and fails to pay immediately, the animal may be reoffered for sale to the highest bidder on the same day of the auction or the next day after the final lot, without any formal notice or legal proceedings, and entirely at the risk of the defaulting bidder. By defaulting, the bidder becomes financially liable to the seller for the costs of both the initial sale and the resale. In such cases, OVV BALSAN ENCHERES will only be responsible to the seller for the amount obtained in the resale. In the case of a resale due to a defaulting bidder, unless otherwise instructed by the seller and communicated to the auctioneer prior to the resale, the previously agreed reserve price will remain in effect. Likewise, if immediately after the adjudication the successful bidder cannot be found to sign the purchase slip, the horse will be reoffered at auction during the same session or the following day. In such cases, neither the seller nor the defaulting bidder can hold OVV BALSAN ENCHERES liable.
ARTICLE 5 – INFORMATION TO BE PROVIDED BY THE SELLER
Each seller must provide, in writing, all statements to be disclosed to the public under their sole responsibility. OVV BALSAN ENCHERES is only responsible for ensuring that the information given by the seller matches what is communicated to the public, but cannot be held liable for the accuracy or truthfulness of the seller’s declarations, especially concerning the identification of horses, their origin and country of birth, markings, earnings, entries, vices, pregnancy status, or VAT regime, etc. The seller must report any errors or omissions in the catalog in writing before the sale so they can be announced publicly from the auction stand and recorded in the minutes. Any seller who fails to provide a written correction before the start of the sale will be deemed to have approved the catalog information, and will bear full responsibility for its accuracy. OVV BALSAN ENCHERES draws buyers’ attention to the announcements made from the auction stand during the sale, as these may include important information not listed in the catalog, including the existence of reserve prices.
ARTICLE 6 – VETERINARY FILE AND INFORMATION
The buyer is informed that the horse may come with a veterinary file of varying completeness, which they may review before the sale and submit to a veterinarian of their choice at their own expense. Buyers may also hire a veterinarian to interpret and perform any imaging or clinical examination they wish on a horse, within the limits of the protocol established by the Association of Equine Veterinarians, and only if the horse is physically present. Buyers are informed that not all horses have undergone imaging (x-rays, ultrasounds, scopes) or a veterinary examination prior to sale. Horses are sold as-is with no warranty other than that for legally recognized latent defects. Buyers who wish to do so are responsible for arranging and paying for a veterinary examination before the sale and no later than before the horse is delivered, and for pursuing any claims under the French Rural Code. OVV BALSAN ENCHERES may make a veterinarian available to buyers, present throughout the auction. Buyers are responsible for checking in advance whether a veterinarian appointed by OVV BALSAN ENCHERES will be present; contact details will be provided to those wishing, at their own expense, to receive assistance interpreting veterinary files provided by sellers or to arrange a veterinary examination of a horse they are considering purchasing. Sellers must ensure that each horse presented bears the catalog number assigned to it; in case of error or confusion, they bear full responsibility, which cannot be attributed to OVV BALSAN ENCHERES. In case of an investigation, the seller agrees to authorize, at their expense, any necessary blood tests or other procedures required to verify the horse’s identity. Sellers also agree that the animals presented for sale have received the mandatory vaccinations required by law in the case of gatherings of equines. Horses sold by court order are sold as-is, with no reserve and no warranty of any kind, under Article 1649 of the French Civil Code.
ARTICLE 7 – ABSENCE
If a horse listed in the catalog is absent on the day of the sale, the seller must, unless in cases of force majeure (in the event of death, accident, or serious illness of the horse, in which case a veterinary certificate must be submitted no later than the day of the sale), pay OVV BALSAN ENCHERES a sum of €500 excluding VAT, in addition to the registration fee. This amount will also be due if the absence is caused by presenting the horse at another sale.
ARTICLE 8 – ORIGINAL DOCUMENTS
Horses listed by the seller must be accompanied by all proper documentation, including the registration card, certificate of origin receipt, an up-to-date vaccination record, relevant health certificates for each category of horse, along with an attestation plus a covering certificate for pregnant mares, and identification details for foals. These documents must be handed over to OVV BALSAN ENCHERES by the seller prior to the sale. The seller may be held liable if the documents are not submitted in due time, without prejudice to the right of OVV BALSAN ENCHERES to refuse to present the animal for sale. Horses can only be deposited or withdrawn once OVV BALSAN ENCHERES has received all required documents. Documents must always be submitted and collected from OVV BALSAN ENCHERES’ office, except for the horse’s original movement document, which will be handed over by the seller at the time of delivery. Should the horse be sold without the required documents, OVV BALSAN ENCHERES accepts no liability. For horses coming from abroad or from another European country, OVV BALSAN ENCHERES declines all responsibility if the horse cannot obtain in France the identification or registration required by the IFCE for the intended category and use. Buyers are responsible for verifying, before the sale, that the horse’s origins and characteristics comply with French standards and their intended use. Payment to the seller will only be made once OVV BALSAN ENCHERES has received all required documents.
ARTICLE 9 – WARRANTY AGAINST LATENT DEFECTS
Horses presented at public auction are sold according to standard practice, without warranty, including for hidden defects, and only with the legal warranty against statutory latent defects, as specified for sales of domestic animals. The seller must guarantee the buyer against any vices listed in Articles R213-1 and following of the French Rural Code that were not declared prior to the sale. Any claim based on such vices must be filed by the buyer within the time limits set by Articles L213 1 and following of the Rural Code: ten days from the sale date (excluding the day of the sale) for most vices, or thirty days for periodic ophthalmia and infectious anemia. Deadlines end at midnight on the last day; if the deadline falls on a Saturday, Sunday, or public holiday, it is extended to the next working day. Within these deadlines, the buyer must submit a petition to the judge at the local Judicial Court where the animal is located, requesting the appointment of experts to prepare an examination report. Within the same deadlines, and on pain of inadmissibility, the buyer must notify the seller and OVV BALSAN ENCHERES (by registered letter) of the petition and initiate legal action for cancellation of the sale. Any legal action must be taken directly against the seller, whose name will be provided by OVV BALSAN ENCHERES upon request. Under no circumstances can OVV BALSAN ENCHERES be held liable in an action for cancellation or nullification of the sale. No claim will be accepted if the buyer has not paid the total purchase amount in full and immediately. If an action for latent defects is initiated within the legal deadlines, the funds will be held in escrow in OVV BALSAN ENCHERES’ regulated account.
ARTICLE 10 – SALE OF BROODMARES, MALE HORSES, OR STALLIONS
The seller may announce from the auction stand the confirmed pregnancy status of mares; however, no warranty is given regarding the pregnancy’s viability (empty mare or twin pregnancy). Buyers are advised to have the mare examined by a veterinarian before she leaves the seller’s premises or within 15 days of the sale to confirm pregnancy. If the mare is found not pregnant or there is doubt about her status, the buyer will be entitled to cancel the sale and receive an immediate refund. No cancellation will be possible after delivery or more than 15 days after the sale. No refund will be granted if the mare miscarries. For pregnant mares, the seller agrees to pay any outstanding stud fees due in the fall or at foaling. Unless specifically stated, a male horse is not sold with any guarantee of breeding ability, and the quality of its semen cannot be used as grounds for cancellation of the sale. Males and stallions are sold as-is, without any guarantee of fertility or breeding soundness.
ARTICLE 11 – SELLERS’ LIABILITY
Until the moment of adjudication, horses remain the property and under the responsibility of the seller. OVV BALSAN ENCHERES cannot be held liable for accidents, illnesses, or any damage occurring to the animals or caused by them to third parties, whether inside or outside the venue. Throughout the event, sellers, their staff, horses, equipment, and vehicles (hereinafter “goods”) remain under their own supervision. They are therefore entirely responsible for any damages, regardless of their origin or nature, that may occur to their goods or be caused by their goods to third parties. Risks arising from fire, loss, and damages are also fully borne by the sellers. Loading, unloading, and similar operations are at the seller’s risk. All participants must ensure supervision of their goods during their presence at the sales venue and verify that their personal insurance policies, including Civil Liability, Vehicle, Personal Accident, Health, All-Risks, Mortality, etc., are up to date and adequately cover the risks associated with their participation. The organizers, OVV BALSAN ENCHERES, and the auctioneer cannot be held responsible for any damages to sellers, their staff, or their goods in the event of accidents, illnesses (including epizootics), or other incidents involving the horses or caused by them.
For portable stalls, the seller acknowledges awareness of their characteristics, accepts the inherent risks, and agrees to provide appropriate supervision at their sole responsibility. Sellers formally waive any claims against the organizers, OVV BALSAN ENCHERES, the auctioneer, and their insurers. Upon adjudication, the buyer assumes the seller’s responsibilities. The buyer may take possession of the horse immediately after adjudication and payment, except in online sales (where horses are not present on-site).
ARTICLE 12 – PAYMENT TERMS
All public auction sales are deemed payable in cash. Payment must be made in full and immediately after each sale, by bank transfer or bank letter of credit with identification, to the following account:
CAISSE DES DEPOTS
SARL BALSAN ENCHERES
IBAN FR9840031002800000439131R23
BIC CDCGFRPPXXX
Payments by credit card, personal check, or checks from foreign banks will not be accepted. All payments must be made through OVV BALSAN ENCHERES. Payment shall include the hammer price plus the applicable auction fees. These fees and the price are due immediately, without waiting for the delivery of documents or the horse by the seller, failing which the horse may be resold at the risk of the defaulting bidder.
Anyone placing bids is deemed to do so on their own behalf, and the successful bidder, whose name will appear in the official record, will be personally responsible for the purchase. If the successful bidder declares they are acting on behalf of a third party, they must provide a written power of attorney from that party and expressly agree to act as joint guarantor for the third party. The bidder named in the official record will remain responsible in case of their principal’s default.
A brokerage mandate (downloadable from the auction website) must be completed and sent to OVV BALSAN ENCHERES at least 48 hours before the auction. By this brokerage mandate, the principal authorizes the broker to act and bid on their behalf during the auction. Otherwise, the broker, as the bidder, will be personally liable for all sums due, including auction fees. Properly signed brokerage mandates must be submitted to OVV BALSAN ENCHERES at least 48 hours before the sale, and any purchase made by a broker on behalf of a buyer must be reported to our administrative department. The purchase slip signed by the broker must state the identities of both the broker and the buyer. If the successful bidder does not hold an explicit mandate, OVV BALSAN ENCHERES may consider as jointly liable anyone who appears to be their tacit principal.
No deduction of any kind shall be made on invoices issued by OVV BALSAN ENCHERES; such invoices must be paid in full by buyers or their agents.
In the event of non-payment, OVV BALSAN ENCHERES will notify the successful bidder by registered letter that they have eight clear days to settle their purchase.
After this period, and even without formal notice, late payment interest of 0.75% (excl. VAT) per month will be charged retroactively from the first day of the sale on the total invoice amount. After six months of delay, the interest rate will increase to 1% (excl. VAT) per month. OVV BALSAN ENCHERES reserves the right to transfer the file to its lawyer for collection. All costs and fees incurred by OVV BALSAN ENCHERES for debt recovery will be borne by the debtor or their agent, who agree to this obligation; these costs will not be less than 10% of the amount to be recovered.
ARTICLE 13 – RELEASE SLIPS
No horse, whether sold or unsold, may leave the seller’s premises without a release slip, which must be obtained from the sales office. Before taking possession of their horse, buyers must go to the sales office to pay the purchase price or arrange payment terms so that the required release slip can be issued. Unless the seller expressly objects to OVV BALSAN ENCHERES within one hour following the sale, OVV BALSAN ENCHERES will authorize the release of the sold lot at the request of the buyer or their agent, without any liability on the part of OVV BALSAN ENCHERES. Horses must leave the Sales Venue no later than noon on the day following their presentation. After this deadline, if the horse has not been collected by the buyer, the seller agrees to retrieve and care for the horse in a reasonable manner.
The buyer is informed that, unless otherwise agreed, the seller will charge them for boarding costs (€30 excl. VAT per day), with risk transferring to the buyer at the moment of the sale. OVV BALSAN ENCHERES will not be responsible for boarding costs. Both buyer and seller release OVV BALSAN ENCHERES from any consequences relating to the release of the horse. The release slip will be signed by the buyer or their agent to confirm that they have taken charge of the purchased horse(s).
ARTICLE 14 – BUYER’S FEES
In addition to the hammer price, payable in full and immediately, the buyer will be charged a buyer’s fee. Horses are sold either with or without VAT, but in all cases, the hammer price is considered excluding VAT.
Horses sold with VAT will fall into one of the following seven scenarios:
1.Buyer is VAT-registered in France - 20% VAT will be added to the hammer price.
2.Horse is under temporary importation (TVAD):
a) Buyer is a French resident - 20% VAT will be charged on the hammer price, regardless of the buyer’s VAT status (recoverable VAT for those entitled under standard legal conditions).
b) Buyer is a non-resident wishing to keep the horse under temporary importation - no VAT charged, but the buyer will bear the costs of the temporary import transfer.
c) Buyer is a foreign national (inside or outside the EU) wishing to re-export the horse - no VAT charged.
3.Buyer is not VAT-registered - 20% VAT will be added to the hammer price.
4.Horse is immediately exported to an EU country:
a) If the buyer is VAT-registered in their country of residence, they must provide their European VAT number to OVV Balsan Enchères, and only under this condition
will VAT be exempted. This number will appear on the sales invoice.
b) If the buyer is not VAT-registered in their country - 20% VAT will be charged in addition to the hammer price.
5.Horse is immediately exported outside the EU - a 20% VAT deposit will be collected, refundable upon presentation of official export documents.
Horses sold without VAT belong to sellers not subject to VAT obligations.
Seller’s fees are subject to 20% VAT.
6.Horses sold exclusively for breeding purposes - 5.5% VAT instead of 20%. This must be stated by the buyer, under their own responsibility, on the purchase slip at the time of signing.
7.Horses sold for mixed use (breeding and sport) - 5.5% VAT on the portion of the value related to breeding use. This must also be stated by the buyer, under their own responsibility, on the purchase slip at the time of signing.
ARTICLE 15 – SELLER’S FEES
These fees are listed on the registration form for each auction session and/or on the sales mandate. Buybacks must be expressly reported no later than the day of the sale; otherwise, the usual buyer’s fees will be charged. Any additional taxes or duties claimed by government or local authorities beyond the current rates will be the responsibility of the sellers. Invoices sent to sellers must be paid upon receipt. In case of non-payment, OVV BALSAN ENCHERES will issue a formal notice to the seller to pay within eight days; beyond this period, interest of 0.75% (excl. VAT) per month will be charged from the date of the formal notice.
ARTICLE 16 – AFTER-SALE
For any horse listed in the auction catalog that is bought back by the seller and subsequently sold privately with the assistance of the auction house within 30 days of the auction session in which it was listed, both seller and buyer will be responsible for paying OVV BALSAN ENCHERES the fees it would have received had the sale taken place during the auction. Any private sale concluded after a preceding auction shall be subject to the same rules applicable to the auction.
ARTICLE 17 – RESERVE PRICE
Except in sales ordered by court decision, all horses are presumed to be presented with a reserve price. The seller must inform OVV BALSAN ENCHERES before the sale of the minimum price below which they do not wish the horse to be sold. This reserve price may not exceed the price agreed with OVV BALSAN ENCHERES at the time the horse was registered for the sale. If no indication is provided before the sale, it will be assumed that the reserve price is equal to the agreed price at the time of registration. As the sale is voluntary, the seller or their agent may always decide to waive the reserve price or, conversely, in the absence of a reserve price, buy back their own horse if they consider the bids insufficient, provided that this declaration is made by the seller or their agent. This buyback declaration must be recorded in the official minutes, and at the latest before the end of the bidding. The seller will bear any applicable buyback fees as specified on the registration form.
ARTICLE 18 – PAYMENT TO THE SELLER
Payment to the seller will be made once the funds have been received from the buyer, up to the amount available. OVV BALSAN ENCHERES reserves the right to offset any debts and credits owed by the same client at the time of adjudication. The seller, if subject to VAT, is solely responsible for declaring and paying the VAT to the appropriate tax authorities.
ARTICLE 19 – RETENTION OF TITLE IN FAVOR OF THE SELLER & TRANSFER OF RISK
Until full payment of the price and any additional charges, the buyer is prohibited from disposing of the horse by sale, pledge, loan, or any other transfer. Any agent agrees to inform their principal of the existence of this clause. In the event of seizure or any third-party intervention on the horse, or in case of declaration of insolvency, receivership, or liquidation, the buyer must immediately inform OVV BALSAN ENCHERES. Despite the retention of title, the buyer bears all risks in the event of death, accident, or illness of the horse from the moment of adjudication, even in the case of an online sale (where the horse is not present on-site). The buyer assumes all risks of loss (illness, death, disability) due to force majeure, even in online sales. The buyer will also bear all costs of maintaining the horse from the day after adjudication. Mortality, veterinary, and hospitalization insurance can be taken out immediately through an insurer recommended by OVV BALSAN ENCHERES.
ARTICLE 20 – DOMICILE ELECTION
OVV BALSAN ENCHERES may require a foreign buyer to elect domicile in France, either at their trainer’s or broker’s address, in the common interest of the parties, particularly to facilitate the transmission of information and documents.
ARTICLE 21 – JURISDICTION & APPLICABLE LAW
These terms of sale are governed by French law.
The consumer may bring a claim either before one of the competent courts determined by the French Code of Civil Procedure or before the court of their place of residence at the time the contract was concluded or when the harmful event occurred. For any dispute with a professional regarding the interpretation or execution of these sales conditions, exclusive jurisdiction is assigned to the Commercial or Judicial Court of Le Mans.
FILE OF ACCESS RESTRICTIONS TO AUCTION SALES
INFORMATION NOTICE
BALSAN ENCHERES is subscribed to the TEMIS Service, which allows consultation of and contribution to the File of Access Restrictions to Auction Sales (“TEMIS File”) managed by Commissaires-Priseurs Multimédia (CPM), a limited company headquartered at 37 rue de Châteaudun, 75009 Paris, registered with the Paris Trade and Companies Register under number 437 868 425.
Any unpaid auction invoice to BALSAN ENCHERES, or any invoice subject to delayed payment, may result in registration in the TEMIS file.
1.Purpose and legal basis of the TEMIS File
The TEMIS File records payment incidents on auction invoices (delays or non-payment), regardless of the bidder’s participation method (in person or remote), and can be consulted by all auction houses operating in France and subscribed to the service.
The bidder is informed that failure to settle their invoice within the period indicated on the invoice may lead BALSAN ENCHERES to initiate registration in the TEMIS File.
The implementation and use of the TEMIS File by BALSAN ENCHERES is necessary to serve the legitimate interests of TEMIS subscribers, to prevent non-payment, nd thereby secure auction sales.
2.Authorized entities to consult the TEMIS File (recipients)
The TEMIS File may be consulted by any subscribed auction house (professionals and companies authorized to conduct public auctions of movable property in compliance with applicable regulations, in particular Title II “Auctions” of Book III of the French Commercial Code, hereinafter “Subscribed Professionals”), who wish to protect themselves from non-payment and secure participation in the auctions they organize.
The list of TEMIS Service subscribers can be found on www.interencheres.com, under the “Buy at auction” menu, “The auctioneers” section.
3.Consequences of registration in the TEMIS File
If a bidder is registered in the TEMIS File, BALSAN ENCHERES may condition access to its auctions on the use of specific payment methods or guarantees, or temporarily refuse participation by bidders unable to provide such guarantees.
Registration in the TEMIS File may limit a bidder’s ability to participate in auctions organized by other professionals subscribed to the TEMIS service. It will also result
in temporary suspension of access to the “live” service on the www.interencheres.com platform managed by CPM, in accordance with the platform’s terms of use.
4.Duration of registration
Bidders are informed that the duration of their registration in the TEMIS File depends on the number of unpaid auction invoices with Subscribed Professionals, the total outstanding amounts, and whether or not the debts are settled. The registration period is reduced if the bidder settles all payment incidents. It is extended if the bidder has multiple unpaid invoices recorded in the TEMIS File.
Registration of an unpaid invoice is automatically removed no later than 24 months after registration if only one incident is recorded, or 36 months if multiple incidents are recorded.
5.Responsibilities
For the application of data protection laws, both CPM and BALSAN ENCHERES act as data controllers.
CPM is responsible for implementing the TEMIS File, including collecting data from subscribers, consolidating and sharing personal data, and securing the information
system hosting the TEMIS File.
BALSAN ENCHERES, as a subscriber, is responsible for its use of the TEMIS File, including providing personal data on successful bidders to CPM for TEMIS registration,
verifying and updating the data, consulting, and reusing TEMIS information.
6. Rights of individuals
Bidders wishing to know if they are registered in the TEMIS File or to contest their registration can submit a written request, providing proof of identity with a copy
of an ID:
For registrations by BALSAN ENCHERES, requests should be sent in writing to BALSAN ENCHERES, 789 Rue du Coutier, 72400 Cherré-Au, France.
For registrations by other Subscribed Professionals, requests should be sent to Commissaires-Priseurs Multimédia, 37 rue de Châteaudun, 75009 Paris, or by email at contact@temis.auction.
Any request to exercise data protection rights (erasure, restriction, objection) or to contest a registration must be sent to the Professional responsible for the registration, who will request an update from CPM. If difficulties arise, the bidder may contact CPM directly with all necessary information and supporting documents so that CPM can review the claim.
Bidders also have the right to file a complaint with the French Data Protection Authority (CNIL) [3 Place de Fontenoy - TSA 80715 - 75334 PARIS CEDEX 07, www.cnil. fr] regarding their registration in the TEMIS File.
For more information on the TEMIS File, bidders are invited to consult CPM’s privacy policy available at www.temis.auction.
1.Bidder’s contact details
Important notifications regarding the outcome of an auction will be sent to the email and/or postal address declared by the bidder at the time of the auction. Bidders must inform BALSAN ENCHERES of any changes to their contact details