Seller conditions and info

Selection and signing in horses

The selection is open to young talented horses according to the type of auction.
You can register via the link "sign up item" on the website.
Please use the name/pedigree/lot number of the horse as subject in e-mails.

Registration terms and conditions and additional seller conditions horses

In the event of discrepancies between the Dutch text of these terms and conditions and translations thereof, the Dutch text shall prevail.

All parties expressly confirm upon their participation that they have read and accepted the general information the general terms and conditions and the information and terms and conditions for sellers. They will be asked to read and accept the terms and conditions each time they create an account, place a bid and sign up an item.

Examinations

All horses in the auction must be examined clinically (<45 days before the auction) and sport horses also radiographically (<12 months prior to the auction) and they must be approved for the sport recently.
They must be in order with the basic vaccinations and free of contagious diseases such as glanders, fungus ...
If there is no inspection yet for the horse in question, this must be done by order and at the expense of the seller, by a freely selected veterinarian. The inspections and reports are forwarded to ESHA for publication (preferably in English).
The possible assessments of inspections are carried out on behalf of ESHA by a veterinarian appointed by the auction organization.
Passports must be applied for or must be available and complete with accompanying certificates of registration/ownership (if not idem as a passport).

All examinations preferably in English and typed (not handwritten).
- Sport horses and ponies ≥ 137cm; starting from 18 months old: X-ray set photos (max. 12 months old) + X-ray report (max. 12 months old) + clinical examination report (max. 45 days old).
- Ponies ≥ 109cm: clinical examination report (max. 45 days old).
- Pregnant mares: Certificate of pregnancy by veterinarian + stud certificate at the latest at the time of delivery.
- Broodmares: Declaration of fertility by veterinarian (max. 100 days old).
- Foals and yearlings: clinical examination report (max. 45 days old).

An example for a clinical and radiological report with RX parts is here.

If the examinations are not available correct and complete at the start of the auction, the lot can have to go offline as no guarantee can be given due to incomplete documentation about the health status or assigned to another category.

The term sport horses does not apply, mainly in connection with suitability for sport, to the categories broodmares, pregnant mares, recreation, companion animals, accessories and All Stars if not (any longer) suitable for sport.
The All Stars category includes the sale without warranty on certain parts of horses without inspection or with comments on x-rays/clinical inspection/others or with stable defects.
In the category All Stars are a.o. horses with available inspections and with a clearly stated description of the comments on the inspection, stable defects, behaviour, rideability... on which no guarantee can be offered for the relevant parts.
Failure to (fully) disclose existing inspections or remarks is considered fraud.

Fees

ESHA wants to give breeders the opportunity to promote horses in a professional way and to offer them to our national and international customers who are looking for quality sport horses.
All this at a democratic all-in registration price, by which we try to support the owners and increase the sales market of our sport horses in an honest and healthy way!

• If the lot is sold to a customer in the auction, there are, except for the registration fee, no additional selling costs/commissions for the seller, regardless of the amount.
• If the lot is bought back by the seller below the reserve price there are, except for the registration fee, no additional selling costs/commissions for the seller.
• Favourable arrangement: if the lot is sold to a customer in the auction (no buyback) and if the entry fee was paid correctly and in full in advance, discounts are possible by appointment, so that the final entry fee paid amounts to a maximum of 10% of the highest bid. (e.g. if the entry fee was € 500 and the sale in the auction amounts to € 3000, the entry fee will be credited from € 500 to € 300 [10% of € 3000]).

In the following cases there are additional costs for sellers:
   a) If the lot is bought back above the agreed reserve price (also reserve price € 0), a buyback sum of 10% of the bid will be charged. This buyback amount is to be paid by the seller/buyer to ESHA immediately after the auction.
   b) In all other cases of, among other things, sale before or outside the auction, non-participation in the auction or withdrawal after the auction, a commission/compensation of 10% of the sale price of the horse is immediately due to ESHA by the seller.

ESHA assumes that sellers participate in the auction to sell. Horses/items offered for auction must enter the auction and be sold through the auction, including the applicable buyer's premium due to ESHA.

Note: An auction often creates a sense of time limit and urge to act. It might happen that customers direct towards buying outside the auction. This is not possible as a basic principle. In such cases it is best to always recommend bidding in the auction and to let the outcome of the auction determine the final price. In that way, not only are the prices agreed in the most transparent and supported way, with the chance of multiple bids and/or more favourable outcomes, but buyers also receive a clear payment request after the highest bid. In any case, keep ESHA informed of such cases so that appropriate action can be taken in mutual consultation.

ESHA does not use reserve or minimum prices on behalf of sellers during the auctions themselves, unless the sellers themselves specify a reserve price.
A registered item without an reserve price/with an reserve price of €0 or with a bid above the reserve price will therefore always be sold, either by sale to a customer or by buyback by the owner. The seller himself is responsible for possible bidding/buying back.
We ask sellers not to bid at online auctions themselves or only during the last moments of an auction if necessary.

At the time of registration, a service agreement is concluded between the seller and ESHA. By submitting a registration, the ESHA platform is made available to the seller (for among other things, the services of processing, creating/editing photo and video material, translations, mediation, publication and marketing on own and external channels).
The service is considered to have been provided and to be paid for from the moment that ESHA processes the registration and is irrevocable.
From the moment of registration, a seller is bound by the general terms and conditions and the seller conditions as both published on www.esha.horse.

The person registering the horse/lot declares that he is the liable seller, owner and/or responsible for the registered horse/lot and confirms to provide ESHA with all requested and available information, measurements, tests, passports + certificates and descriptions truthfully, completely, correctly and in a timely manner.
Sellers are encouraged to be transparent. Withholding information or not presenting/describing a horse/item in accordance with reality or not handing it over afterwards according to the presentations/descriptions provided, is considered fraud.
Violations of this are a purchase-resolving condition; they can lead to the cancellation of the sale, returning of the horse/item, reimbursement of the expenses incurred (a.o. transport, stabling/storage, vet, etc.) and a compensation starting from €1000.
Please note: The mere publication or sale in the auction does not mean that sellers can exclude their own liability. As with general trade according to the applicable regulations, the sellers themselves (and not the auction organization) remain liable for their offered, delivered and sold goods, also when published in the auction and also after delivery and/or payment.
All parties expressly confirm upon their participation that ESHA reserves the right to protect its position and trusted reputation by invoking the resolutive conditions or payment suspensions mentioned in the general terms and conditions or in the seller conditions in the event of shortcomings, complaints, incomplete or non- compliant deliveries.

VAT arrangements

Always state your VAT arrangement per horse (business, margin, stud stallion, private), along with all your contact details and any company details and VAT number.

• VAT related to the registration:

If you want a business invoice for registration, you must provide us with your VAT number and company details.
The VAT to be paid is:
- for Belgian companies: 21% VAT
- for non-Belgian companies: 0% VAT intra-Community scheme
- for all others: 21% VAT

• VAT related to the horse:
If the horse is sold for business purposes, the buyer must pay VAT on the highest bid.
This must be specified in the catalog.
By default 0% VAT is published.
If another VAT% was not indicated in time before the start of the auction, any VAT will be deducted from the highest bid received.

Prior to the auction

Necessary information:
- Height
- VAT% to be applied on sale
- Information for the description text
- Horsetelex link
- Province/region/country where the horse is stabled for the pick-up
- Graded stallions: indicate Registered, Licensed or Approved and Studbook(s)
- Photos (head, profile, left, right, front, rear, leg position...) and video.
  Preferably image material without own texts or additions.
- Passport: scan or photo of cover, identification page, pedigree page
! It must be clearly stated in advance if a passport is not (yet) available or if it is not (yet) complete (e.g. registration/ownership certificate).

In the exeptional case of separate forwarding messages:
Use the name / pedigree / lot number of the horse as subject in e-mails, please.
+ preferably all in 1 time in 1 email per horse for smooth processing.
Large (video) files via f.ex. https://wetransfer.com to info@esha.horse;

ESHA organizes professional photo and video recording days prior to the auction (included in the registration fee for sellers) in order to be able to present the offered horses to potential customers in the most comprehensive way possible.
The data and planning of these days is by appointment or is communicated by ESHA to the sellers.
If you were not present at a photo and video day, please contact Dennis Swennen by telephone to arrange further options.

For a good promotion you must have interesting and recent photos and/or videos of your horses taken or provide us with them.
PHOTOS:
Usually the photographer takes the following photos:
- close-up photo of the head and neck;
- stand photo of the full horse in front view and rear view
- stand photo of the full horse in profile view left and right
- leg position and details regarding notes or important features

VIDEOS:
- Young jumpers: are usually filmed on a few free jumps and freely trotting and walking.
- Dressage horses: in walk, trot and canter.
- Ridden horses: under saddle in all gaits.
- All horses: 360° video, completely around, remember the legs and hooves.
- All horses: walk and trot towards the camera, turn, and walk away from the camera.

It is recommended to present the horses as well as possible on these days.

The owners themselves must provide for preparation, clipping, braiding and bringing of the horses to the arena gate.

If photos or videos that are made available by the seller are not recent, it has to be indicated.


Also consider:

- horse's passport
- appropriate money for the cash payment of the registration and possibly drinks, food ...
- a nice halter/bridle for the photo; preferably no halter/bridle during video recording
- grooming material
 
• All information about the seller (name, address, e-mail, telephone number, VAT), the horse, performance of the horse or pedigree and/or useful data to describe the horse properly is preferably transferred timely via the online registration (or by e-mail).
If a copy of a passport is forwarded: For sex H, S or M(ale) always indicate (with pencil) whether it is a stallion or gelding.

If, at online registration, you have not submitted any further sales text in the "comments/sports data" box, please provide it separately.
An interesting description contains 3 to a maximum of 10 lines of short text. We correct and translate texts supplied.
We cannot place or process print screens from horsetelex/hippomundo etc.
We can add full and relevant website links with a clear description or clear images with f.ex. a results list (eg "This is a link to the performance of the mother: www.horse.com/abc/123").
Preferably only send this by e-mail to info@esha.horse with the name or (descent) as subject.

• Medical examinations (clinical report + x-ray report) and x-rays picture set must also be submitted in time and in full by e-mail or WeTransfer (https://wetransfer.com) in a standard digitally readable format (jpeg, png, pfd, dicom).
Preferably no forwarding x-rays from smartphone or tablet because they can distort the files.
If inspections/xrays have not yet been made: inform Dennis Swennen to look for any options.

ESHA can assist in advance by appointment with the following:

• It is very difficult to adjust descriptions, VAT data, medical information, etc. on the auction day.

For attractive, clear and sufficiently long visible publication of the horses to potential customers prior to the auction, it is advisable to collect and forward all data before the date of the photo and video day.
 
• The horse is published on the basis of the information that we receive for real and true according to the seller's statement.

The seller hereby declares that the horse offered, unless notified prior to the sale, does not suffer from stable defects such as air sucking, systematic weaving, box walking or crib biting and was not denerved, intubated or otherwise operated on or treated for defects in the airways.

Please check the publication in the online catalog and e-mail us in time if there are errors or missing items so that they can be corrected for printing the paper catalogs.

During the (live) auction

• The horses are expected to be presented at the auction location from the agreed time on a live auction day at the risk and responsibility of the seller.
If boxes are provided by ESHA, the stables will be published as "open for viewing" by potential buyers from the time in the program.
Arrival 2 hours in advance is recommended to be able to stable the horses in a quiet way and to prepare them for the presentation/auction.

• If there is a arena exploration/presentation, the data and planning thereof will be published by ESHA.
(Usually the presentation takes place in catalog order, for foals there is usually no presentation prior to the auction, if not occupied the arena can be explored without obligation.)

• The horses should preferably leave the auction after the auction and no later than noon on the day after the auction with the seller.
The transfer of the horse to the new owner can only happen after full payment from the buyer (see also "after the auction").

• The horses are groomed and prepared by the owners for the purpose of presenting them as attractively as possible.
The owners themselves must provide for the preparation, grooming, braiding and bringing of the horses up to the arena gate.
The owner brings the horses according to the auction order to the entrance of the track.
There, arena staff will take over for running/release them and present them.
The auction order will be announced on the day of the auction, which may differ from the catalog order.
For ridden horses, agreements are made in advance per horse.

Think again on this day: passport, appropriate money, nice halter/bridle, equipment for toileting, bucket ...
The halter is usually also removed in the auction arena.

• During online auctions, the horses will stay in their own specified stable location. Viewing and possibly test riding if applicable, must always be possible by appointment.

• RESERVE OR MINIMUM OR ASK PRICE is the bid at which the item can be sold.

ESHA does not use reserve or minimum prices during the auctions on behalf of the sellers, unless the sellers themselves specify a reserve price.
A registered foal/embryo without reserve price or with reserve price €0 is always sold, either by sale to a customer or by repurchase by the owner. The seller himself is responsible for possible bidding/buying back.
Online auctions: We ask sellers not to bid at online auctions themselves or only during the last moments of an auction if necessary.

If a horse is published with the sales type “Reserve price”, this means that the sellers have set a reserve price = minimum price estimated to sell. The starting bid and reserve price are not necessarily the same in an auction.
There are 3 options:
1) No reserve = assigned winner immediately after the auction; winner receives payment request
2) Bid ≥ reserve price = assigned winner immediately after the auction; winner receives payment request
3) Bid < reserve price = no winner yet immediately after the auction; the winner first receives an email that the bid is below the reserve price and we try to discuss the reserve price in order to be able to make an suitable offer.
It is therefore advised to immediately state the lowest realistic reserve price, so that the bidder immediately has an assigned bid.

• Participating in an auction does not guarantee a bid or sale.

• In order to comfortably follow the auction and bids or to pass them on on site, it is possible to reserve a VIP table for you and your guests or customers by email. During live auctions, access to standing places is free. During online auctions, access to the ESHA office is also open; advance notice is always preferred.
(VAT with regard to table reservation: inform us again if you want a business invoice)

After the auction

• As an intermediary, ESHA has the buyer with the highest bid fill out and sign a sales contract (only with live auction) and then asks the buyer for full payment.
No horses may be transferred to the buyer or transporter or other third parties before ESHA has confirmed in writing that the full payment has been verified on ESHA's account.

• ESHA will attempt to collect the amount due from the buyer after the auction. However, the auction organization is not responsible for the collection or cannot be held liable if this collection appears to be impossible for whatever reason. The seller explicitly acknowledges and accepts that the auction organization is not liable for the inability to trace the identity of the buyer, or for non-payment by the buyer.

• After receiving the full payment from the buyer on account of ESHA, we send the seller and the buyer the contact details of both parties concerned to:
- make an appointment for the transfer/delivery/collection of the horse
- to be able to officially invoice the horse to the buyer in the event of a business sale
- or in the case of private sale to be able to draw up a sales agreement between seller and buyer.

• The delivery/collection of the horse and the transfer take place at the expense, risk and responsibility of the buyer and seller according to their mutual agreement. The seller provides the assistance that may reasonably be expected and takes care of the lot up to and including collection, as befits a good custodian.
The costs for transport and possible associated costs such as health certificates, Traces, blood tests, quarantine, (import) duties or taxes are at the expense of the buyer, but in particular international buyers need assistance with applying for health certificates/Traces for transport or possibly blood tests at the seller's location: it is best to agree the terms and costs with the buyer or their transport handler in advance. 
All bids are open to international buyers. Sellers must meet the conditions themselves for (inter)national transport to be able to take place by providing amongst others the following on behalf of the seller:
- the complete passport,
- the registration in the horse database of the country of departure,
- a valid registration in Traces,
- and adequate assistance for making Traces for the buyer or their transporter.
 
• ESHA processes the administration and payment of the horses/items to the seller after ca. 30 days after written proof of compliant transfer of the horse, complete passport + certificates and invoice/contract* to the buyer.
A delivery note, invoice request, purchase contract and guidelines will be made available to both parties with the payment confirmation.
*For business sales, after confirmation of receipt of the full payment, the outgoing invoice for the amount of the horse "has been paid" from the seller to the buyer has to be sent to the buyer and sent to ESHA in copy (CC e-mail). In the case of private sales, the same applies to the purchase contract.
Suspension of pay-out: If the buyer submits a complaint (e.g. deficiencies, justified complaints, hidden defects, incomplete or non-compliant deliveries) before the expiry of the 30-day period after written proof of transfer, pay-out will be suspended until after:
- there is an agreement between buyer and seller on a solution to the complaint,
- or until there is an amicable settlement,
- or until there is a ruling on the merits.
If an infringement is reported that leads to a previously mentioned purchase-resolutive condition, the horse/item must be returned at the seller's expense and the purchase will be dissolved.
The seller and buyer are obliged to respond to complaints as quickly as possible and to make every effort to find a satisfactory solution.

• The person who has registered the horse and thereby declares to be the owner and responsible person, will always send proof of transfers of:
- horse
- passport + registration certificates/ownership certificates (if not idem as passport).
- documents (stud certificate, embryo certificate, pregnancy certificate ...)
- the most recent IBAN and BIC/SWIFT bank details
via e-mail to ESHA stating: horse and lot number.

• After the auction, ESHA does not publish any public lists with prices and/or individual names of buyers or sellers.

 For all information and conditions about the selection, you can turn to Dennis Swennen.

Selection and signing in foals (and embryos + semen)

The selection is open to promising jumping or dressage foals of the current year.
You can register for the selection via the "register your horse" link on the main page.
Please use the name / pedigree / lot number of the horse as subject in e-mails, please.

Registration conditions and additional seller conditions foals (and embryos + semen)

In the event of discrepancies between the Dutch text of these terms and conditions and translations thereof, the Dutch text shall prevail.

All parties expressly confirm upon their participation that they have read and accepted the general information the general terms and conditions and the information and terms and conditions for sellers. They will be asked to read and accept the terms and conditions each time they create an account, place a bid and sign up an item.

Examinations

All foals in the auction must be clinically examined (<45 days before the auction). This is usually done on the auction day itself for live auctions.
In the case of online auctions, the examination must be done by order and at the expense of the seller, by a freely selected veterinarian. The inspections and reports are forwarded to ESHA for publication (preferably in English).
The foals must be in order with the basic vaccinations and free of contagious diseases such as glanders, fungus ...
The possible assessments of inspections are carried out on behalf of ESHA by a veterinarian appointed by the auction organization.
Passports must be applied for or must be available and complete with accompanying registration certificates/ownership certificates (if not idem as passport).

All examinations preferably in English and typed (not handwritten).
Foals: clinical examination report (max. 45 days old).
An example for a clinical report is here.

Fees

ESHA wants to give owners the opportunity to promote their foals/embryos in a professional way and to offer them to national and international customers who are looking for quality foals/embryos.
All this at a democratic all-in entry price, through which we try to support the breeders and increase the market for our sport horses in an honest, healthy and transparent way!

• If the lot is sold to a customer in the auction, there are, except for the registration fee, no additional selling costs/commissions for the seller, regardless of the amount.
• If the lot is bought back by the seller below the reserve price there are, except for the registration fee, no additional selling costs/commissions for the seller.
• Favourable arrangement: if the lot is sold to a customer in the auction (no buyback) and if the entry fee was paid correctly and in full in advance, discounts are possible by appointment, so that the final entry fee paid amounts to a maximum of 10% of the highest bid. (e.g. if the entry fee was € 500 and the sale in the auction amounts to € 3000, the entry fee will be credited from € 500 to € 300 [10% of € 3000]).

In the following cases there are additional costs for sellers:
   a) If the lot is bought back above the agreed reserve price (also reserve price € 0), a buyback sum of 10% of the bid will be charged. This buyback amount is to be paid by the seller/buyer to ESHA immediately after the auction.
   b) In all other cases of, among other things, sale before or outside the auction, non-participation in the auction or withdrawal after the auction, a commission/compensation of 10% of the sale price of the horse is immediately due to ESHA by the seller.

ESHA assumes that sellers participate in the auction to sell. Horses/items offered for auction must enter the auction and be sold through the auction, including the applicable buyer's premium due to ESHA.

Note: An auction often creates a sense of time limit and urge to act. It might happen that customers direct towards buying outside the auction. This is not possible as a basic principle. In such cases it is best to always recommend bidding in the auction and to let the outcome of the auction determine the final price. In that way, not only are the prices agreed in the most transparent and supported way, with the chance of multiple bids and/or more favourable outcomes, but buyers also receive a clear payment request after the highest bid. In any case, keep ESHA informed of such cases so that appropriate action can be taken in mutual consultation.

ESHA does not use reserve or minimum prices on behalf of sellers during the auctions themselves, unless the sellers themselves specify a reserve price.
A registered item without an reserve price/with an reserve price of €0 or with a bid above the reserve price will therefore always be sold, either by sale to a customer or by buyback by the owner. The seller himself is responsible for possible bidding/buying back.
We ask sellers not to bid at online auctions themselves or only during the last moments of an auction if necessary.

At the time of registration, a service agreement is concluded between the seller and ESHA. By submitting a registration, the ESHA platform is made available to the seller (for among other things, the services of processing, creating/editing photo and video material, translations, mediation, publication and marketing on own and external channels).
The service is considered to have been provided and to be paid for from the moment that ESHA processes the registration and is irrevocable.
From the moment of registration, a seller is bound by the general terms and conditions and the seller conditions as both published on www.esha.horse.

The person registering the foal/embryo/lot declares that he is the liable seller, owner and/or responsible for the registered foal/embryo/lot and confirms to provide ESHA with all requested and available information, measurements, tests, passports + certificates and descriptions truthfully, completely, correctly and in a timely manner.
Sellers are encouraged to be transparent. Withholding information or not presenting/describing a horse/item in accordance with reality or not handing it over afterwards according to the presentations/descriptions provided, is considered fraud.
Violations of this are a purchase-resolving condition; they can lead to the cancellation of the sale, returning of the horse/item, reimbursement of the expenses incurred (a.o. transport, stabling/storage, vet, etc.) and a compensation starting from €1000.
Please note: The mere publication or sale in the auction does not mean that sellers can exclude their own liability. As with general trade according to the applicable regulations, the sellers themselves (and not the auction organization) remain liable for their offered, delivered and sold goods, also when published in the auction and also after delivery and/or payment.
All parties expressly confirm upon their participation that ESHA reserves the right to protect its position and trusted reputation by invoking the resolutive conditions or payment suspensions mentioned in the general terms and conditions or in the seller conditions in the event of shortcomings, complaints, incomplete or non- compliant deliveries.

VAT arrangements

Always state your VAT arrangement per foal/embryo (business, margin, private), together with all your contact details and any company details and VAT number.

• VAT for registration:

If you want a business invoice for registration, you must provide us with your VAT number and company details.
The VAT to be paid is:
- for Belgian companies: 21% VAT
- for non-Belgian companies: 0% VAT intra-Community scheme
- for all others: 21% VAT

• VAT related to the foal/embryo:

If the foal/embryo is sold for business purposes, the buyer must pay VAT on the highest bid.
This must be specified in the catalog. By default 0% VAT is published.
If this is not indicated in time before the start of the auction, any VAT will be deducted from the highest bid received.

Prior to the auction

ESHA organizes professional photo and video recording days prior to the auction (included in the registration fee for sellers) to be able to present the foals offered to potential customers in the most comprehensive way possible.
The data and planning of these days is communicated by ESHA to the sellers.
If you were not present at a photo and video day, please contact Dennis Swennen by telephone to arrange further options.
For a good promotion you must have interesting photos and/or videos of your foals taken or provide us with them.

It is recommended to present the foals as well as possible on these days.
Preparing, clipping (not always necessary with foals), grooming, braiding and bringing the mares with foals up to the arena gate must be provided by the owners themselves.

If photos or videos that are made available by the seller are not recent, it has to be indicated.

Also consider:

- Passport of the mare and/or foal if already available
! It must be clearly stated in advance if a passport is not (yet) available or if it is not (yet) complete (e.g. registration/ownership certificate).
- appropriate money for the cash payment of the registration and possibly drinks, food ...
- a nice halter/bridle for the mare; preferably no halter/bridle on the foal during photo/video recording
- grooming material

• All information about the seller (name, address, e-mail, telephone number, VAT), the foal/embryo, performance of the mothers or pedigree and/or useful data to properly describe the foal/embryo is preferably transferred timely through an online registration (or by e-mail).

If, at registration, you have not submitted any further sales text in the "comments/sports data" box, please provide it separately.
An interesting description contains 3 to a maximum of 10 lines of short text. We can correct and translate texts that are supplied if necessary.
We cannot place or process print screens from horsetelex/hippomundo etc.
We can add full and relevant website links with a clear description or clear images with f.ex. a results list (eg "This is a link to the performance of the mother: www.horse.com/abc/123").
Preferably only send this by e-mail to info@esha.horse with the name or (descent) as subject.

If inspections/xrays have not yet been made: inform Dennis Swennen to look for any options.

ESHA can assist in advance by appointment with the following:

• It is very difficult to adjust descriptions, VAT data, medical information, etc. on the auction day.
For attractive, clear and sufficiently long visible publication of the foals/embryos to potential customers prior to the auction, it is advisable to collect and forward all data before the date of the photo and video day.

• The foal/embryo is published on the basis of the information that we receive for real and true according to the seller's statement.
The seller hereby declares that the foal offered, unless notified prior to the sale, does not suffer from stable defects such as air sucking, systematic weaving, box walking or crib bites and was not denerved, intubated or otherwise operated or treated for defects in the airways.

Please check the publication in the online catalog and e-mail us in time if there are errors or missing items so that they can be corrected for printing the paper catalogs.

During the (live) auction

• The horses are expected to be presented at the auction location from the agreed time on a live auction day at the risk and responsibility of the seller.
If boxes are provided by ESHA, the stables will be published as "open for viewing" by potential buyers from the time in the program.
Arrival 2 hours in advance is recommended to be able to stable the horses in a quiet way and to prepare them for the presentation/auction.

• The foals might be checked by the veterinarian before the start of the auction (eyes, heart, lungs, descending to stallion, ...).

• If there is a arena exploration/presentation, the data and planning thereof will be published by ESHA.
(Usually the presentation takes place in catalog order, for foals there is usually no presentation prior to the auction, if not occupied the arena can be explored without obligation.)

• The mares and foals should preferably leave the auction with the seller after the auction ends and no later than noon on the day after the auction.
The transfer of the foal to the new owner can only happen after full payment from the buyer (see also "after the auction").

• The mares and foals are groomed and prepared by the owners for the purpose of presenting them as attractively as possible.
The owners themselves must provide for the preparation, grooming, braiding and bringing of the mares and foals up to the arena gate.
The owner brings the mare and foal up to the entrance of the track according to the auction order.
There, runners will take them over and present them with the halter/bridle of the owner. 
The auction order will be announced on the day of the auction, which may differ from the catalog order.

Think again on this day: passport, appropriate money, nice bridle/halter, toilet material, bucket ... In the auction ring, the halter of the foal is usually removed/not put on in advance.

• During online auctions, the horses will stay in their own specified stable location. Viewing and possibly test riding if applicable, must always be possible by appointment.

• RESERVE OR MINIMUM OR ASK PRICE is the bid at which the item can be sold.

ESHA does not use reserve or minimum prices during the auctions on behalf of the sellers, unless the sellers themselves specify a reserve price.
A registered foal/embryo without reserve price or with reserve price €0 is always sold, either by sale to a customer or by repurchase by the owner. The seller himself is responsible for possible bidding/buying back.
Online auctions: We ask sellers not to bid at online auctions themselves or only during the last moments of an auction if necessary.

If a horse is published with the sales type “Reserve price”, this means that the sellers have set a reserve price = minimum price estimated to sell. The starting bid and reserve price are not necessarily the same in an auction.
There are 3 options:
1) No reserve = assigned winner immediately after the auction; winner receives payment request
2) Bid ≥ reserve price = assigned winner immediately after the auction; winner receives payment request
3) Bid < reserve price = no winner yet immediately after the auction; the winner first receives an email that the bid is below the reserve price and we try to discuss the reserve price in order to be able to make an suitable offer.
It is therefore advised to immediately state the lowest realistic reserve price, so that the bidder immediately has an assigned bid.

• Participating in an auction does not guarantee a bid or sale.

• In order to comfortably follow the auction and bids or to pass them on on site, it is possible to reserve a VIP table for you and your guests or customers by email. During live auctions, access to standing places is free. During online auctions, access to the ESHA office is also open; advance notice is always preferred.
(VAT with regard to table reservation: inform us again if you want a business invoice)

After the auction

• As an intermediary, ESHA has the buyer with the highest bid fill out and sign a sales contract (only with live auction) and then asks the buyer for full payment.
No foals/embryos/carrying mares may be transferred to the buyer or transporter or other third parties before ESHA has confirmed in writing that the full payment has been verified on ESHA's account.

• ESHA will attempt to collect the amount due from the buyer after the auction. However, the auction organization is not responsible for the collection or cannot be held liable if this collection appears to be impossible for whatever reason. The seller explicitly acknowledges and accepts that the auction organization is not liable for the inability to trace the identity of the buyer, or for non-payment by the buyer.

• After receiving the full payment from the buyer on account of ESHA, we send the seller and the buyer the contact details of both parties concerned to:
- make an appointment for the transfer/delivery/collection/weaning of the foal/embryo/carrying mare (foals are usually with the mare at the stabling and expense of the seller up to the age of weaning, unless otherwise agreed)
- to be able to invoice the foal/embryo officially to the buyer in the event of a business sale
- or in the case of private sale to be able to draw up a sales agreement between seller and buyer.

• The delivery/collection of the foal/embryo/carrying mare and the transfer take place at the expense, risk and responsibility of the buyer and seller according to their mutual agreement. The seller provides the assistance that may reasonably be expected and takes care of the lot up to and including collection, as befits a good custodian.
The costs for transport and possible associated costs such as health certificates, Traces, blood tests, quarantine, (import) duties or taxes are at the expense of the buyer, but in particular international buyers need assistance with applying for health certificates/Traces for transport or possibly blood tests at the seller's location: it is best to agree the terms and costs with the buyer or their transport handler in advance. 
All bids are open to international buyers. Sellers must meet the conditions themselves for (inter)national transport to be able to take place by providing amongst others the following on behalf of the seller:
- the complete passport,
- the registration in the horse database of the country of departure,
- a valid registration in Traces,
- and adequate assistance for making Traces for the buyer or their transporter.

• ESHA processes the administration and pay-out of the foals/embryos to the seller after ca. 30 days after written proof of:
a) compliant transfer of foal, complete passport + certificates and invoice* to the buyer (in case of foals and carrying mare stabled at the seller)
b) compliant transfer of the carrying mare and invoice* to the buyer (in case of carrying mare stabled at the buyer).
A delivery note, invoice request, purchase contract and guidelines will be made available to both parties with the payment confirmation.
*For business sales, after confirmation of receipt of the full payment, the outgoing invoice for the amount of the foal/embryo "has been paid" from the seller to the buyer has te be be sent to the buyer and sent to ESHA in copy (CC e-mail). In the case of private sales, the same applies to the purchase contract.
Suspension of pay-out: If the buyer submits a complaint (e.g. deficiencies, justified complaints, hidden defects, incomplete or non-compliant deliveries) before the expiry of the 30-day period after written proof of transfer, pay-out will be suspended until after:
- there is an agreement between buyer and seller on a solution to the complaint,
- or until there is an amicable settlement,
- or until there is a ruling on the merits.
If an infringement is reported that leads to a previously mentioned purchase-resolutive condition, the horse/item must be returned at the seller's expense and the purchase will be dissolved.
The seller and buyer are obliged to respond to complaints as quickly as possible and to make every effort to find a satisfactory solution.

• The person who has registered the foal/embryo and thereby declares to be the owner and responsible, will send proof of transfers of:
- foal/carrying mare
- passport + registration certificates/ownership certificates (if not idem as passport).
- documents (stud certificate, embryo certificate, pregnancy certificate ...)
- the most recent IBAN and BIC/SWIFT bank details
via e-mail to ESHA, stating: foal and lot number.

• After the auction, ESHA does not publish any public lists with prices and/or individual names of buyers or sellers.

For all information and conditions about the selection, you can turn to Dennis Swennen.

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