GENERAL SALES TERMS AND CONDITIONS FOR INTERNET SALES BY DR. DE WEERD PIGEON AUCTIONS TO CONSUMERS

These general sales terms and conditions apply to:

Dr. de Weerd Pigeon Auctions (hereafter referred to as “the Company”), with its registered office in The Netherlands, at Rijsbergseweg 300A, 4838EG Breda, registered at the KvK with number 20090192

And:

the Buyer, as defined under ‘definitions’;

Introduction

The Company is renowned worldwide as a platform for the sales of pigeons. The Company operates the website (auctions.drdeweerdpigeons.com), where online pigeon sales, through a bidding system or auction, are organized.

The Company always acts as the selling party. These general sales terms and conditions regulate the online sales by the Company.

An important note is that these general sales terms and conditions only apply if you are a consumer (as defined under ‘definitions’).

The Company also requires that you have an approved account to bid/buy from the Company. This means you must be registered and approved as a bidder by the Company.

Definitions

In these general sales terms and conditions, the following terms are defined as stated below when written with a capital letter:

• Account: A registered account.
• Company Address: The registered office address of the Company as mentioned above.
• Budget: The maximum amount paired to an approved Company Account, meaning a particular Account’s total bids can’t exceed this maximum amount per weekend.
• Consumer: A person acting for purposes outside their trade, business, craft, or profession.
• Pigeon: The pigeon or pigeons on offer until sold by the Buyer, published on the Website.
• Invoice Amount: Defined as in Article 6.2 of these general sales terms and conditions.
• Bidding Price: Defined as in Article 6.1, first bullet point.
• Internet Sale: Every sale by the Company to a Buyer who made a binding offer via the Website.
• Young Bird: Any pigeon born in one of the two calendar years of the current Auction Season. For example, if the auction season runs from 1st August 2019 until 31st July 2020, pigeons born in 2019 and 2020 are defined as Young Birds.
• Buyer: A Consumer registered and approved as a bidder on the Company’s platform before or during an auction, having an approved Account.
• Parties: Refers to the Company and the Buyer.
• Auction Season: Runs from 1st August to 31st July of the following calendar year.
• Terms and Conditions: These general sales terms and conditions.
• Website: Refers to auctions.drdeweerdpigeons.com.

Article 1 – Subject

The goal of these Terms and Conditions is:

1. To determine the conditions under which a Consumer can be registered and approved as a bidder by the Company.
2. To determine the conditions under which the Company sells a Pigeon to a Buyer.

These Terms and Conditions apply to every Internet Sale.

Article 2 – Registration and Approval as a Bidder – Budget – Guarantees

2.1. A Consumer can only make an offer, as stated in Article 3.1, when they have an approved Account before or during the sale. This means they are registered as a bidder at the Company and approved as a bidder by the Company. Via the approved Account, the Buyer can log in on the Website and bid during auctions.

2.2. The registration of an account happens via the Website. A Consumer can only register one account.

After registering an account, the Company will approve or deny the Account and subsequently, in case of approval, determine the Budget. The Company reserves the right to deny Accounts without having to justify this decision.

The Company will contact the Consumer personally, often via telephone, to communicate that an Account has been approved and inform them of the Budget.

The Company strives to decide on the approval of an Account and the Budget within 48 hours after account registration. The Consumer is aware that this can take longer in certain cases (e.g., during holiday periods, busy periods, etc.).

2.3. The Company has the right to change the Budget (both up and down) at any time after Account approval. The Consumer can view their current Budget on their auction profile.

2.4. The Consumer accepts that they can only bid within the limits of the Budget.

2.5. The Company reserves the right to ask the Consumer (Account holder) for a guarantee, proof of assets, or deposit (hereafter “Guarantee”) as a condition to approve the Account or later to continue placing bids via the Website (e.g., when the Budget is increased or when bids include large sums of money). Furthermore, the Company reserves the right to determine the level and type of Guarantee, based on the size of the Budget and/or Budget increase.

The Guarantee can include a deposit (not exclusively) to the Company’s bank account. The Consumer accepts that the Invoice Amount will be settled with the deposit, so only a credit difference is to be paid by the Buyer to the Company. The deposit will act as a Guarantee and as a down payment in case of a sale. When an Account is closed, by the Company or by the Consumer, the remaining Guarantee will be deposited back to the Consumer if all Invoice Amounts to the Company have been received.

The Company also reserves the right to ask for an extended Guarantee in the form of a deposit if deemed necessary (e.g., when an Account holder wishes to bid on a pigeon with a high bidding price, for which the current Guarantee is insufficient).

As long as the required Guarantee has not been deposited, the Consumer cannot place any bids.

Article 3 – Formation of a Sales Agreement between the Company and the Buyer

3.1. The offer comes from the Buyer

The description of a pigeon or pigeons and/or the photos of a pigeon or pigeons on the Website are merely invitations from the Company to receive a binding offer to purchase; the description and/or the photos do not constitute a binding offer of sale from the Company.

The Buyer who wishes to purchase a pigeon described and/or shown on the Website, makes a binding offer on the Website before the end of the bidding period (see bidding procedure: auctions.drdeweerdpigeons.com) with mention of the price of their offer. This offer is binding for the Buyer (note: see Article 6.1 for the associated costs).

The Buyer is aware that the Company is not obliged to accept this offer, even if this offer is the highest bid during the bidding period.

The Company reserves the right to ask for additional information from the Buyer after receiving an offer from the Buyer.

3.2. Formation of a sales agreement by accepting the offer from the Buyer by the Company

The sales agreement between the Company and the Buyer is formed when the Company accepts the offer of the Buyer to purchase the Pigeon. The Company will send a confirmation via e-mail to the Buyer within 48 hours after the Buyer’s offer has been accepted.

Article 4 – Delivery Obligation for the Company

The identity of a Pigeon, subject to evidence from the Buyer proving the contrary, is adequately demonstrated by the Company through the pedigree and ring band card (with the exception of countries where the Federation or similar foreign associations do not provide ring band cards, in which case the ring validates the identity of the Pigeon).

Due to the nature of the purchased item, a live animal, the Buyer acknowledges that possible infertility or reduced fertility of a Pigeon, despite the Company’s efforts in this regard, has no influence on the conformity of the delivered good.

Due to the nature of the purchased item, a live animal, the Buyer acknowledges that a Pigeon delivered in perfect health, despite the Company’s efforts in this regard, is not required, and that the Company has not failed its delivery obligation in this case.

Article 5 – Other Obligations for the Company

5.1. Health/Condition

5.1.1. The Company is required to deliver a Pigeon in good condition. A pigeon in good condition has:

• Normal white ceres
• Sufficient muscle tissue besides the breastbone
• A light pink throat without slime
• Shining plumage
• A vital impression

Moreover, the Company is obliged to its Buyer to include proof that the Pigeon has been vaccinated against paramyxo within six months of the auction closing.

5.1.2. Quality Control Examination and Report

A Company expert examines every pigeon to be auctioned by hand. Moreover, the Company expert makes a report for every pigeon which will be auctioned. The Company expert, who is knowledgeable on pigeons and pigeon sport, conducts the examination and makes the report with care. The objective of the examination is to give the best possible indication whether the pigeon is in good condition (as specified in Article 5.1.1). The report acts as an internal quality control (for the Company) and as additional information for the Buyer, addressing several pigeon characteristics.

The Buyer is aware and accepts that both the examination and the report are not binding, as these include subjective judgments from the expert. The expert may have different preferences for certain characteristics compared to those of the Buyers and have a different idea of what constitutes a vital impression, strong back, etc.

5.2. DNA Certificate

5.2.1. In the case of a Young Bird sale:

5.2.1.1. Unless mentioned otherwise on the Website, the Company is required to provide a DNA certificate with Young Birds which are for sale and have no racing results. The Company will provide this DNA certificate with the delivery of the Young Bird to the Buyer.

This DNA certificate shows with a large certainty the genetic relationship between the Young Bird and its parents or one of its parents (in case only one parent is relevant or available). A DNA certificate cannot be provided if both parents or the relevant parent has passed away or is not available for DNA testing.

5.2.1.2. Contrary to Article 5.2.1.1, the Company does not provide DNA certificates for Young Birds in cases where: (a) the Young Bird has been raced and race results can be provided, or (b) the Company did not receive the Young Bird directly from the breeder.

5.2.2. In cases where the sale does not concern a Young Bird:

5.2.2.1. The Buyer can, in cases where the Pigeon exceeds the price of 25,000 EUR, make an explicit written request to the Company (via e-mail: auctions@drdeweerdpigeons.com) within 24 hours after the auction has closed to provide a DNA certificate of the Pigeon. In this case, the Company will instruct the fancier/supplier to breed a child as quickly as possible to be able to provide a DNA certificate.

This DNA certificate shows with a large certainty the genetic relationship between the Pigeon, the subject of the sales agreement, and the child of the Pigeon bred after the auction closed. This DNA certificate shows that the individual pigeon, the item of the sales agreement, is fertile. The Buyer is aware that providing such a DNA certificate will approximately take 14 weeks.

5.2.2.2. If the DNA certificate referred to in Article 5.2.2.1 is not received by the Buyer within sixteen weeks after the Buyer has sent the request to the Company, the Buyer has the right to cancel the purchase of the Pigeon in question. Where appropriate, the Company will refund the purchase price to the Buyer within seven working days following written notification (by e-mail: auctions@drdeweerdpigeons.com) by the Buyer of the decision to cancel the purchase, provided it had already been paid to the Company. The parties declare that they are not obliged to pay any compensation to each other.

5.2.2.3. If the Buyer does not request a DNA certificate as referred to in Article 5.2.2.1 within the aforementioned 24-hour period, the Company cannot be held accountable to compensate for any damage that the Buyer may suffer concerning the information from the DNA certificate had it been requested.

5.2.3. The Buyer accepts that the DNA certificates described above sufficiently prove the parentage and/or fertility of the Pigeons.

Article 6 – Purchase Price – Payment Terms – Place of Payment

6.1. Purchase Price

The purchase price, which must be paid by the Buyer to the Company for the Pigeon, is:

• The price offered by the Buyer in its binding offer regarding the Pigeon and which was accepted and confirmed by the Company (hereinafter, “Bidding Price”),
• To be increased by VAT amount of the buyers country, if applicable. 

All amounts are always expressed in EURO. Unless the Parties have expressly agreed otherwise in writing, all payments are made in EURO.

The aforementioned Purchase Price does NOT include:

• Any additional charge. 
• Other taxes or duties that may be applicable, such as import taxes
• Other costs, such as possible bank costs of the Buyer
• Transport costs for transporting the Pigeon from the place of delivery as stipulated in Article 8 to the place desired by the Buyer. The Buyer is responsible for this transport. At the explicit and separate request of the Buyer, the Company can (help) arrange this transport (in the name and) at the expense of the Buyer. The Company reserves the right to charge the costs for this to the Buyer.

6.2. Payment Terms

After the conclusion of the purchase agreement between the Company and the Buyer, as stipulated in Article 3.2, the Company will send an invoice to the Buyer. Unless the Parties have agreed otherwise, the Buyer must subsequently pay the total amount stated therein (hereinafter: “Invoice Amount”) directly to the Company within seven calendar days after receipt of this invoice.

Non-payment or incomplete payment of the Invoice Amount within the aforementioned period, and if the Company’s notice of default for this has remained without effect for ten calendar days, is a serious shortcoming and is sufficient to give rise to the extrajudicial dissolution of the agreement due to non-performance to the detriment of the Buyer, as stipulated in Article 13.

6.3. Place of Payment

The place of payment is always the Company’s Address.

Article 7 – Transfer of Ownership, Retention of Title, and Transfer of Risk

The Company remains the owner of the Pigeon until the full Invoice Amount has been received by the Company.

The risk regarding the Pigeon passes to the Buyer at the time of delivery, as determined below.

Article 8 – Further Provisions Regarding Delivery

8.1. The place of delivery of the Pigeon is, depending on the circumstances: (i) the place of residence or place of business of the pigeon fancier/supplier from whom the Company has purchased the Pigeon itself, (ii) the Company’s Business Address, or (iii) the first transportation company (carrier) established in Belgium. The desired place of delivery is communicated by the Buyer to the Company at the latest at the time of the offer, as stipulated in Article 3.1.

(i) If the place of delivery is the home address or place of business of the pigeon fancier/supplier, the Pigeon or individual pigeon subject to the purchase agreement, is deemed delivered by the Company to the Buyer at the moment notification is given of the delivery/availability of the Pigeon or the individual pigeon at the home address or place of business of the pigeon fancier/supplier.

(ii) If the place of delivery is the Company’s Business Address, the Pigeon or individual Pigeon subject to the purchase agreement, is deemed delivered by the Company to the Buyer at the moment notification is given of the provision of the Pigeon or the individual Pigeon’s availability at the Company’s Business Address.

(iii) If the place of delivery is the place of establishment of the first carrier in Belgium, the Pigeon or individual Pigeon subject to the purchase agreement, is deemed delivered by the Company to the Buyer by and at the time of delivery to the first carrier established in Belgium.

8.2. The Company is to deliver the Pigeon as stipulated above, no later than six months after the end of the auction period. Article 8.4 stays true.

If the Buyer has chosen the location of the first carrier in Belgium as the place of delivery, but due to circumstances beyond the Company’s control (e.g., an export ban), the Pigeon cannot or cannot usefully be delivered to that first carrier at the latest expiry date of the delivery term, the place of delivery is the Company’s Business Address, unless agreed otherwise.

8.3. As a seller, the Company is not responsible for the transport of the Pigeon from the place of delivery, as stipulated above, to the final address desired by the Buyer. The Company is therefore in no way liable for this transport from the place of delivery as stipulated above, even if the Company would have applied for a certificate via the TRACES New Technology platform and/or would have taken any action to facilitate the transport, nor if the Company would have accepted a separate order from the Buyer for this purpose.

8.4. The Company can under no circumstances be obliged to deliver the Pigeon before the Invoice Amount has been received.

8.5. The Buyer must confirm the arrival/delivery of the Pigeon at the billing address in writing if this is requested by the Company.

Article 9 – Complaints

Any dispute or complaint must be reported to the Company through registered mail within two months of its establishment. A dispute or complaint that is not reported in time can under no circumstances give rise to liability on the part of the Company.

Article 10 – Measures to be Taken by the Buyer in the Event of Illness or Death of the Pigeon

In the event that the Pigeon is diagnosed with an illness at the time of the Pigeon’s arrival at the Buyer, the Buyer is required to report this immediately or at the latest within 24 hours to the Company (at the company headquarters). If the death of the Pigeon is established at the moment of arrival of the Pigeon at the Buyer, the Buyer must report this to the Company (at the company headquarters) within 24 hours of this being established.

These notifications in the event of illness or death must be made via e-mail: auctions@drdeweerdpigeons.com. In the event of death, photos to prove the death must be attached. These reports should, among other things, allow – if the Company deems it necessary – to have a qualified veterinarian carry out the necessary examinations and make a statement regarding the Pigeon’s death. Furthermore, the pedigree, ring card, and ring of the deceased Pigeon must be sent to the Company as soon as possible.

Article 11 – Exoneration Clause/Limitation of Liability of the Company

Without prejudice to the legal obligations, the Company is not liable towards the Buyer for damage suffered by the Buyer as a result of the minor fault of the Company and/or its employees or executive agents.

11.1. The Company is not liable towards the Buyer for damage suffered by the Buyer as a result of the minor or serious fault of the Company and/or its implementing agents. However, this exclusion of liability will not apply in cases and to the extent that it is prohibited by applicable mandatory law.

11.2. Without prejudice to Article 11.1, the Company can be obliged per claim to pay a maximum of an amount equal to the purchase price referred to in Article 6.1.

Article 12 – Force Majeure and Unforeseen Circumstances

The Company is not liable for and cannot be obliged to pay any compensation to the Buyer in the event of temporary or permanent force majeure to perform. Force majeure is understood to mean any cause beyond the control of the Company, such as (but not limited to): strike, outbreak of avian flu or other diseases, confinement obligation, import or export ban, lockdown as a result of COVID-19 and similar measures.

In case a situation of temporary force majeure lasts longer than 30 calendar days, the Company has the right to dissolve the purchase agreement, without owing compensation to the Buyer.

Article 13 – Termination: Explicit Dissolution Clause

The Company has the right to unilaterally dissolve the purchase agreement to the detriment of the Buyer without prior judicial intervention, in the event of serious neglect by the Buyer to fulfill one or more of its contractual obligations, insofar as the notice of default has remained without effect for 10 calendar days. If more than one notice of default is sent, this period will be calculated from the first notice of default. The Company reserves the right, if necessary, to claim additional compensation from the Buyer.

Non-payment of the full Invoice Amount within the term stipulated in Article 6.2 shall in any case be regarded as a sufficiently serious shortcoming on the part of the Buyer that allows a unilateral, extrajudicial dissolution by the Company of the purchase agreement.

In case of dissolution of a purchase agreement, the Company also reserves the right to delete the Account.

Article 14 – Evidence Between Parties

Parties accept evidence in the form of electronic proof (e.g., via e-mail messages).

Article 15 – Divisibility

If any contractual provision of the sales terms and conditions (or part of a provision) is void or unenforceable, such provision (or the invalid/unenforceable portion thereof, as the case may be) shall be deemed by operation of law to no longer form part of the terms and conditions, without having any effect on the validity or enforceability of the remaining provisions (or, as the case may be, the remaining valid parts of the provision).

Article 16 – Use of Personal Data

The Company processes personal data in the context of account registration and in the context of the services provided. The Company processes personal data in line with the privacy statement which can be found at https://auctions.drdeweerdpigeons.com/privacy. The Company respects the applicable regulation on privacy and data protection (regulation EU 2016/679 of 27th April 2016) and any relevant national regulation. For further information, you can contact us via: https://auctions.drdeweerdpigeons.com/contact.

Article 17 – Applicable Law

17.1. The purchase agreement between the Company and the Buyer is governed by the Terms and Conditions. Previous general terms and conditions or different general terms and conditions of the Buyer (regardless of their date) do not apply in any case.

Only the Terms and Conditions drawn up in Dutch govern the purchase agreement between the Parties. The Company is not liable for any translation errors or deviations in translated general terms and conditions and/or on the Website.

17.2. Dutch law applies, with the exception of the regulations from the Dutch code of private international law.

Article 18 – Accredited Courts of Law

All disputes between Parties subject to the Terms and Conditions (including disputes on terms and conditions on being registered and approved as a bidder) will be settled in a Dutch courthouse, specifically the courthouses of Breda, which is exclusively accredited.