Specific conditions for each auction
Auction conditions may vary depending on the current auction. These specific conditions can be found under My Pages and it is also there that these conditions must be approved before bidding is possible.
General auction conditions
The auction is open to horses selected for Menhammar OnlineSales. The sale takes place on the Internet during the auction days specified for each auction. The auction opens for bidding a few days before and closes with a live broadcast on the auction page. Horses are sold in catalogue number order. The final live auction is conducted by an auctioneer but all bidding takes place via the auction website. Club bids and countdowns will take place via the auction website. If the auctioneer deems it appropriate, the auction will be closed with 15 seconds of additional time for any new bids. If no new bids are received, the auction is closed and the horse is sold to the last bidder. If new bids are received during this time, a new 15-second time period begins.
The lowest bid is the starting bid for each horse. The minimum bidding increment and bidding range are indicated for each horse in the bidding box. The highest bid is the last bid received at the auction within the sale period that exceeds the previous bid by at least one bidding interval. If two or more bids are submitted with the same bid, the first bid submitted takes precedence. The auctioneer decides which of these bids is received first. Only bids submitted over the internet using the Menhammar OnlineSales service count as valid bids.
The last bid received before the expiry of the time limit is determined by the auctioneer. A binding purchase is made between the seller and the highest bidder at the club auction. The auctioneer informs the buyer, i.e. the highest bidder, that a binding contract has been concluded. The notification is also sent by e-mail. The seller and the buyer each receive a contract confirmation, which must be signed and sent to the auctioneer, indicating the parties to the contract, the purchase price and the date of the purchase.
All amounts are exclusive of VAT. VAT is added by law.
The seller is responsible for the information provided for each horse and the seller is responsible for the horse until the club battle, then the responsibility passes to the buyer. The seller is responsible for the delivery of the horse and undertakes not to sell the horse in any other way than as stated in these conditions during the auction period or after the purchase agreement has been concluded. The seller agrees that the personal data provided (name, postal address, e-mail address and telephone number) may be published on the Internet site. In the case of consumer purchases under the Consumer Sales Act, there may be mandatory provisions that replace or modify the provisions of these conditions. The provisions of these terms and conditions relating to the "horse" or "animal" also apply in the case of sales of other goods, services, benefits or rights.
Condition of horses
Horses are sold as is. The provisions of § 19 of the Purchase Act shall not apply. Defects in the horse may only be claimed on the grounds and within the period specifically stated below under Buyer - Seller relationship, condition of horses and complaints. A veterinary inspection report not more than 7 days old on the first day of the auction and any X-ray certificates (vertebrae and hairs) must be received by the auctioneer on the day before the first day of the auction. These documents and any surgical records will be published on the auction website. The horses must be vaccinated against equine influenza in accordance with the rules of the Swedish Equestrian Federation (vaccination A, B and C). The horses must also be vaccinated against tetanus. The vaccinations must be recorded in the horse passport.
Relationship between the auctioneer and the seller
Copies of veterinary and X-ray certificates submitted by the seller are published on the Internet together with other relevant information about the horse. The seller must provide a picture and film of the horse. These shall be displayed on the Internet site. The seller is responsible for all information provided for each horse. The completed change of ownership form must be available at the auctioneer's office at least one week before the auction. The seller is responsible for ensuring that veterinary certificates (no more than seven days old) and any x-ray certificates are available the day before the first day of the auction. Any X-ray examination must be carried out with a view to detecting bone/cartilage lesions in at least the following locations: 1) fetlock joints both front (dorsal-proximal P1); 2) external and internal corner supports of vertebral joints both rear (lateroplantar and medioplantar P1); 3) tibia intermediate ridge (TIR) and internal (medial) malleolus of hock joint both rear. Such an examination comprises 8 - 12 images depending on the approach. Seller agrees to 20 days sales credit to buyer. Credit risk in this part, as well as when the seller otherwise provides credit stands with the seller.
Relationship between buyer and seller, condition of horses and complaints
Since the buyer cannot always be expected to have had the opportunity to examine the horse before the purchase, the buyer is entitled to invoke defects that could have been detected during a normal inspection and that jeopardise the horse's fitness for use as a competition horse or, where applicable, as a breeding horse. The seller is responsible for the costs of the horse up to the time of delivery. The risk for the horse is transferred to the buyer at the time of the club meeting. The seller is under no obligation to release the horse until the auctioneer has received payment. The buyer must carry out a veterinary inspection/examination within 14 days of handover, provided handover has taken place within 14 days of purchase and otherwise within 28 days of purchase at the latest. If delivery is later than 14 days from purchase and this is due to the seller, 14 days from delivery apply. If the veterinary examination reveals defects not indicated on the certificate submitted or if the buyer finds other defects that may be invoked as described above, a written complaint must be submitted to the auctioneer within the same period. However, any dispute concerning the complaint is settled directly between the buyer and the seller. Any right of action in respect of defects - including hidden defects - is forfeited if the buyer does not make such a complaint within the time specified, except in the case of fraudulent conduct on the part of the seller. Any dispute is settled directly between the buyer and the seller. The seller is not liable for damage to other animals or humans caused by contagious disease which the animal had at the time of delivery and which the seller did not notice or should have been able to notice on examination at the time of delivery. If the horse is returned, the buyer will pay for the transport to the seller. Other costs incurred after delivery of the horse, stabling costs and the like are paid by the buyer until the horse is returned. Information and veterinary certificates given on the auction page are only indicative for the buyer and do not release the buyer from his obligation to examine the horse.
Sale of competition rights
The buyer of competition rights undertakes to have the horse in Swedish professional training unless otherwise agreed with the seller. At the end of the horse's competition career, but at the latest after the five-year season, the horse must be returned to the seller for breeding purposes and thus ends its competition career. However, if the horse is judged to continue to have very good competition prospects after the end of the five-year season, the seller and the buyer may agree to continue competition activities, for example by the buyer continuing to lease the horse for competition purposes. The seller does not have the right to enter into a similar agreement with another party unless the buyer agrees. The horse is sold as is and according to the auction conditions specified for the auction. It is the buyer's responsibility to keep the horse insured until full payment has been made. If the seller chooses to continue to keep the mare insured, the buyer must be informed. The buyer has the right to insure the mare during her training and competition career at his own expense. The buyer is prohibited from studying, transferring, exchanging, pawning or otherwise disposing of the horse during its competition career. The buyer shall bear the risk of the horse during the period from collection until the horse is returned to the seller, and shall be liable for all costs incurred in connection with the horse and for any damage the horse may cause to the seller or to third parties. See also the separate agreement concerning the racing rights for each horse on the auction page.
Relationship between the auctioneer and the buyer including payment terms
Payment must be made to the auctioneer or the seller according to the invoice with a 20-day credit period. In the event of late payment, statutory default interest (8 percentage points above the reference rate) will be charged from the due date of the invoice. Ownership of the horse is transferred to the buyer when full payment has been made. The buyer should take out insurance for the horse which is valid from the club's point of view. If the horse is not paid within 7 days of the due date indicated on the invoice, the auctioneer has the right to take the following measures: 1) cancel the purchase. If the purchase is cancelled, the buyer is obliged to pay damages equal to 10 % of the purchase price, but at least 20 000 SEK; 2) Collect the claim with the auctioneer as agent for the seller with the right to demand full compensation from the buyer for the costs of collection.
Reservation of title
The seller reserves the right to withdraw the animal sold until full payment has been received. The horse will not be released until full payment has been made.
Export tax is added for foreign buyers who choose to export the horse. The export fee is paid to Svensk Travsport. For foreign buyers who take the horse out of Sweden within one month of the auction date and who have informed the auctioneer that the horse is to be exported, the VAT will be refunded when the export certificate has been received by the auctioneer, provided that the export certificate has arrived no later than 30 days after the auction date and provided that the law allows VAT-free export.
Choice of law and forum
Swedish law shall apply both in the relationship between the auctioneer and the seller and the buyer and between the seller and the buyer. The law on international sales shall not apply. Disputes shall be settled by the Swedish general court.
GDPR and handling of personal data
Menhammar Stuteri AB is the data controller. Menhammar Stuteri AB's contact details are:
Postal address: Menhammar Stuteri AB, Box 17120, 104 62 Stockholm
E-mail to the contact person for data protection issues: GDPR@menhammar.com
Telephone: 08-772 05 00
When conducting the auction and sale, Menhammar Stuteri AB will process personal data that is necessary to conduct the auction and fulfil the contract arising from the auction and sale in accordance with Article 6(1) of the EU Data Protection Directive. 1b 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 (General Data Protection Regulation).
Menhammar Stuteri AB will process personal data for marketing campaigns, offers, new products or services. The processing is necessary for Menhammar Stuteri AB's legitimate interest in direct marketing pursuant to Article 6(1f) of 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 (General Data Protection Regulation). The data subject has the right to withdraw his/her consent at any time, without prejudice to the lawfulness of the processing on the basis of the consent, prior to its withdrawal. Consent for direct marketing may be withdrawn by notifying it to firstname.lastname@example.org. Automated decisions may be made to send marketing to data subjects. The provision of personal data is a necessary requirement when concluding an agreement on auction or sale with Menhammar Stuteri AB. If personal data is not provided, Menhammar Stuteri AB has the right to refuse to perform any task made more difficult by the fact that personal data is not provided and to refuse registration for auction or sale.
Personal data may be transferred between Menhammar Stuteri AB, other companies in the same group, Trottex AB and TR Media AB. In the event of such transfer, personal data may also be transferred to third countries outside the EEA. In the case of transfers to third countries outside the EEA, there is a decision by the European Commission that the country has a sufficient level of protection and/or that appropriate or adequate safeguards in the form of, among other things, binding corporate rules and/or standard contractual clauses are in place. A copy of the appropriate safeguards can be obtained by notifying it to GDPR@menhammar.com.
Personal data in accounting records will be stored for seven (7) years in accordance with Chapter 7, Section 2 of the Accounting Act (1999:1078). The deletion of personal data that is incorrect or not necessary for accounting purposes will take place every two years.
The data subject whose personal data are processed by Menhammar Stuteri AB has the right to request access to rectification or erasure of personal data or restriction of processing concerning the data subject or to object to processing and the right to data portability pursuant to Article 20 of 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 (General Data Protection Regulation). The data subject has the right to lodge a complaint with the supervisory authority, the Data Protection Inspectorate.