Specific terms and conditions for each auction
The terms and conditions of the auction may vary depending on the auction in question. These specific terms and conditions can be found under My Pages, and it is also there that these terms and conditions must be accepted before bidding is possible.
General auction terms and conditions
The auction is open to horses selected for Menhammar OnlineSales. Sales take place on the Internet during the auction days specified for each auction. The auction opens for bidding a few days before and ends with a live broadcast on the auction website. The horses are sold in catalog number order. The final live auction is led by an auctioneer, but all bidding takes place via the auction website. Club bidding and countdown take place via the auction website. When the auctioneer deems it appropriate, the auction ends with 15 seconds of extra time for any new bids. If no new bids are received, the auction ends and the horse is sold to the last bidder. If new bids are received during this time, a new 15-second period begins.
Bidding
The minimum bid is the starting bid specified for each horse. The minimum permitted increase in bidding and the bidding interval are specified for each horse in the bidding box. The highest bid is the last bid received by the auction within the sales period that exceeds previous bids by at least one bidding interval. If two or more bids are received with the same bid amount, the bid received first takes precedence. The auctioneer decides which of these bids was received first. Only bids submitted via the internet using the Menhammar OnlineSales service are considered valid bids.
The auctioneer determines which bid is the last one received before the deadline. A binding purchase agreement exists between Seller the bidder who submitted the highest bid at the time the gavel falls. The auctioneer informs the buyer—that is, the person who submitted the highest bid—that a binding agreement has been formed. This notification is also sent via email. Seller the buyer each receive a contract confirmation, which must be signed and sent to the auctioneer; this document specifies the contracting parties, the purchase price, and the date of the purchase.
All amounts are stated excluding VAT. VAT is added in accordance with the law.
Seller's responsibility
The seller is responsible for the information provided for each horse and is liable for the horse until the club strike, after which 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 specified in these terms and conditions during the auction period or after the purchase agreement has been concluded. The seller agrees that the personal data provided (name, postal address, email address, and telephone number) may be published on the website. In the case of consumer purchases under the Consumer Sales Act, there may be mandatory provisions that replace or modify the provisions of these terms and conditions. The provisions of these terms and conditions relating to "the Horse" or "the Animal" also apply when the sale concerns other goods, services, commodities, or rights.
Condition of the Horses
Horses are sold “as is.” The provisions of Section 19 of the Sale of Goods Act shall not apply. Defects in a horse may only be claimed on the grounds and within the time period specifically stated below under “Relationship Between Buyer and Seller, Condition of the Horses, and Claims.” A veterinary examination report no more than 7 days old as of the first day of the auction, as well as any X-ray reports (vertebrae and hocks), must be submitted to the auctioneer by the day before the first day of the auction. These documents and any surgical records will be published on the auction’s website. The horses must have received the basic vaccinations against equine influenza in accordance with the rules of Svensk Travsport (vaccinations A, B, and C). The horses must also be vaccinated against tetanus. The vaccinations must be recorded in the horses’ passports.
The Relationship Between the Auctioneer and the Seller
Copies of veterinary certificates and any X-ray reports submitted by the seller will be published on the Internet along with other relevant information regarding the horse. The seller must provide photographs and video footage of the horse. These will be displayed on the website. The seller is responsible for all information provided for each horse. A completed change-of-ownership form must be available to the auctioneer no later than one week before the auction. The seller is responsible for ensuring that a veterinary certificate (no more than seven days old) and any X-ray reports are available the day before the first auction day. Any X-ray examination must be performed to detect bone/cartilage changes in at least the following locations: 1) Both front fetlock joints (dorsal-proximal P1); 2) Outer and inner corner supports of the vertebral joints of both hind legs (lateroplantar and medioplantar P1); 3) The mid-shin ridge (TIR) and the inner (medial) malleolus of the hock joints of both hind legs. Such an examination comprises 8–12 images, depending on the procedure. The seller grants the buyer 20 days of credit. The seller bears the credit risk in this regard, just as Seller does when Seller extending credit.
The Relationship Between Buyer and Seller, the Condition of the Horses, and Claims
Since the buyer cannot always be expected to have had the opportunity to examine the horse prior to the purchase, the buyer has the right to claim defects that could have been detected during a normal inspection and that compromise the horse’s suitability as a competition horse or, where applicable, a breeding horse. The seller is responsible for the costs associated with the horse up to and including delivery. Risk of loss for the horse passes to the buyer upon the auctioneer’s gavel strike. Seller no obligation to release the horse until the auctioneer has received payment. The buyer must have a veterinary examination and X-rays performed within 14 days of delivery, provided that delivery took place within 14 days of the purchase; otherwise, this must be done no later than 28 days after the purchase. If delivery occurs later than 14 days after the purchase and this is due to the seller, the 14-day period shall be calculated from the date of delivery. If a veterinary examination reveals defects not stated on the submitted certificate, or if the buyer discovers other defects that may be invoked as described above, a written complaint must be submitted to the auctioneer within the same timeframe. However, any dispute regarding a complaint must be settled directly between the buyer and Seller. All rights to bring a claim regarding defects—including hidden defects—lapse if the buyer does not file a complaint in this manner within the specified time, except in cases where the seller has acted fraudulently. Any dispute shall be settled directly between the buyer and the seller. The seller is not liable for damage caused to other animals or people by a contagious disease that the animal had at the time of delivery and which the seller did not notice or should have been able to notice during an examination in connection with delivery. If the horse is returned, the buyer shall pay the seller’s transportation costs. Other costs incurred after the horse’s delivery, such as boarding costs and similar expenses, shall be paid by the buyer until the horse is returned. The information and veterinary certificates listed on the auction page are provided solely for the buyer’s guidance and do not relieve the buyer of their obligation to inspect the horse.
Sale of competition rights
The purchaser of competition rights undertakes to keep the horse in professional training in Sweden, unless otherwise agreed with the seller. After the horse's competition career has ended, but no later than after the five-year season, the horse shall be returned to the seller for breeding purposes, thereby ending its competition career. However, if the horse is deemed to still have very good competition potential after the end of the five-year season, the seller and the buyer may agree on continued 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 approves this. The horse is sold in its current condition and in accordance with the auction terms and conditions specified for the auction. The buyer is responsible for keeping the horse insured until full payment has been made. If the seller chooses to continue to keep the mare insured, this must be notified to the buyer. The buyer has the right to take out additional insurance for the mare during its training and competition career at its own expense. The buyer is prohibited from breeding, transferring, exchanging, pledging, or otherwise disposing of the horse during its competition career. The buyer shall bear the risk for the horse during the period from collection until the horse is returned to the seller, and shall be responsible for all costs incurred for the horse and for any damage the horse may cause to the seller or a third party. See also the separate agreement regarding competition rights for each horse on the auction page.
The relationship between the auctioneer and the buyer, including payment terms
Payment shall be made to the auctioneer or seller in accordance with the invoice with a 20-day credit period. In the event of late payment, statutory interest (8 percentage points above the reference rate) will be charged from the invoice due date. Ownership of the horse is transferred to the buyer upon full payment. The buyer should take out insurance for the horse that is valid from the club strike. If the horse has not been paid for within 7 days of the due date stated on the invoice, the auctioneer has the right to take the following measures: 1) cancel the purchase. If the purchase is canceled, the buyer is liable to pay damages corresponding to 10% of the purchase price, but at least SEK 20,000. 2) Collect the debt with the auctioneer as the seller's representative, with the right to request full compensation from the buyer for the costs of collection.
Reservation of title
The seller reserves the right to repossess any animal sold until full payment has been made. The horse will not be released until full payment has been made.
Foreign buyers
An export fee is charged to 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 notified 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.
Governing Law and Jurisdiction
Swedish law shall apply both to the relationship between the auctioneer, Seller the buyer, and to the relationship Seller the buyer. The Law on International Sales shall not apply. Any dispute shall be settled by a Swedish court of general jurisdiction.
GDPR and handling of personal data
Menhammar Stuteri AB is the data controller. Menhammar Stuteri AB's contact details are:
Email: menhammar@menhammar.com
Postal address: Menhammar Stuteri AB, Box 17120, 104 62 Stockholm
Email to the contact person for data protection issues: GDPR@menhammar.com
Telephone: 08-772 05 00
When conducting auctions and sales, Menhammar Stuteri AB will process personal data that is necessary to conduct the auction and fulfill the agreement that arises from the auction and sale in accordance with Article 6(1)(b) of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data. 1b 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).
Menhammar Stuteri AB will process personal data for the purpose of marketing campaigns, offers, new products, or services. The processing is necessary for Menhammar Stuteri AB's legitimate interest in direct marketing in accordance with Article 6(1)(f) of Regulation (EU) 2016/679 of the European Parliament and of the Council (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 their consent at any time, without this affecting the lawfulness of the processing based on the consent before its withdrawal. Consent for direct marketing can be withdrawn by notifying menhammar@menhammar.com. Automated decisions may be made regarding the sending of marketing material to those who are registered. The provision of personal data is a necessary requirement when entering into an auction or sales agreement with Menhammar Stuteri AB. If personal data is not provided, Menhammar Stuteri AB has the right to refuse any task that is made more difficult by the failure to provide personal data 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 such transfers, personal data may also be transferred to third countries outside the EEA. When transferring to third countries outside the EEA, there is a decision by the European Commission that the country has an adequate level of protection and/or that appropriate or suitable protective measures are in place in the form of, among other things, binding corporate rules and/or standard contractual clauses. A copy of the appropriate protective measures can be obtained by sending a request 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). Incorrect personal data or personal data that is not necessary for accounting purposes will be deleted every other year.
The data subject whose personal data is 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, as well as the right to data portability pursuant to Article 20 of Regulation (EU) 2016/679 of the European Parliament and of the Council (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 Swedish Data Protection Authority.