Terms of Internet auction
Terms of auction in the internet auctions of Starinita Oy
General
The auction is primarily open for trotters (warmblood and finnhorses) in Finnish trotting studbook and live foal fees + stallion shares. Foreign horses can also be offered to sale, but then we recommend research of the pedigree, which is done by Starinita Oy as additional service (costs 75 € VAT included).
Also, equipment for horses such as transport equipment or racing carts can be announced to sale. One horse is always one auction item, but chattel can consist of several articles, if they are priced and sold in one entity. The seller determines the starting price himself. Recommendable starting price for goods is 5 € and horses 50 €. It is not possible to set a so-called price reservation in the internet auction. It is not possible to cancel the auction before ending of the bidding time. Cancellation can only happen for a very heavy reason such as death or serious illness or injury of the horse. In that case the seller must immediately contact the organizer of the auction.
Every auction takes place in the internet on auction.hevoshuutokaupat.fi. The seller defines the sales period. Recommendation is 1-7 full days. The item for sale may be published no earlier than the next business day after the seller has sent the application. However bidding time is always prolonged by three (3) minutes after the last bid. The auction closes definitively, when there are no new bids during the next three (3) minutes.
Bidding starts directly when the item’s auction starts on the website. One person can create only one account. If the seller wants to take part in the bidding, the person has to create a buyer account and take part to the auction.
Responsibility of the seller
The seller is responsible of all information given of the item of sale and that he has described the item accurately enough. When selling a horse which is registered in the Finnish studbook, a link will be added to Finnish horse database Heppa at Suomen Hippos -site. The seller is responsible for that he has the lawful right to sell the item he has announced to the auction.
The seller carries the risk on the item of sale until the end of the auction, and he is engaged not to sell the item elsewhere during the auction. The item of sale must be sold to the winning bidder. The seller accepts that his name and contact information will be published at the same moment the item of sale is added to the auction website.
Limitation of liability
The seller who participates to the auction understands and approves that internet auction is not comparable with traditional auction in all respects.
Starinita Oy is only the intermediary of the purchase between the seller and the buyer, and doesn’t own the items of sale at any point. Partnership exists only between the seller and the buyer, and Starinita Oy does not have any part whatsoever in the agreement between them. For the above-mentioned reason, the organizer of the auction doesn’t inspect the items or the sellers right to the items or other qualities of the items in any respect.
As Starinita Oy does not own the items of sale at any point, so it does not examine or guarantee the quality of the items or their safety or lawfulness, the correctness of sales information or correctness of participants messages on the website, or the real ability of the sellers to sell and hand over or the buyers ability to buy and purchase the items. Starinita Oy doesn’t control whether the transaction takes place or not. Starinita Oy doesn’t refund the registration fee, if the deal was not realized. Starinita Oy is not responsible for the buyer’s ability to pay for the item.
The participant of the auction is solely responsible of all his actions in accordance with existing legislation of Finland. Thus, the seller alone is responsible for all items of sale that he has announced to the auction.
The seller is obliged to check up the correctness of his advertisement as soon as it shows up on the auction website and take measures to remove or correct the advertisement, if it is incorrect.
Starinita Oy reserves the right to approve or disapprove the received advertisements. Starinita Oy is not responsible for errors caused by translation tools or translation services and the possible damage resulting from false translation.
Starinita Oy is not responsible for correctness of personal data or addresses of the sellers or the buyers. If Starinita Oy could be considered as liable to some damage, the responsibility for the organizer of the auction is limited to the refund of the registration fee.
These limitations of liability do not remove the auction organizers liability, if the damage is the result of fraudulent conduct, intentional action or gross negligence or if restriction of liability is against applicable legislation.
The auction can be postponed or cancelled after unilateral decision of Starinita Oy. Starinita Oy has not direct or indirect liability of the damage, if the auction is cancelled or moved. Starinita Oy is not responsible for technical problems or features of the auction service, and can’t guarantee the service without errors or downtime. If the auction is cancelled or postponed, Starinita Oy returns the registration fees that the sellers have paid already.
If a major system error, that affects the auction results or prevents trading, occurs during the auction, Starinita Oy reserves the right to invalidate the auction results or extend auction time or restart the auction for the item in question.
Bidding in the auction
Every item is marked whether VAT is included in the price or not. Highest bid is the sales price, the buyer will not receive any other costs. The buyer can use a bid-raising application.
Properties of the sales item and the buyer’s obligation to inspect the item
The seller is responsible to inform the relevant facts of the item, if they can influence the buyer’s judgement. If the item is a horse, for example health issues, withdrawal from racing or behavioral disorders are such facts. The seller has to inform in which purpose the horse can be used, is it a broodmare or a racehorse or a foal or something else. Or is the item a stallion share or a live foal fee of a stallion. The seller assures that he is entitled to the sale of the item.
The buyer is obliged to inspect the item before bidding. Every sales page has the seller’s contact information, the buyer can ask for more detailed information or make an appointment.
When selling a horse Starinita Oy recommends a recent veterinary protocol of inspection. When selling a pregnant mare Starinita Oy recommends a protocol of pregnancy control. Veterinary certificates can be attached to the sales page, if they are digitally delivered to Starinita Oy.
Registration and commissions
Registration to the auction is made in writing. The advertisment is not published until the payment is shown in the account of Starinita Oy. Starinita Oy takes no commission of the purchase price.
Conditions between seller and buyer
The seller is responsible for all statements made regarding the auction item. The buyer is obliged to inspect the sales item before making an offer.
When the sales item is a horse, the seller is not responsible for example for the direct or indirect damage of a contagious disease, if it can’t be shown to be intentional.
Payment and collection of the horse
The buyer contacts the seller instantly to complete the transaction, within 24 hours after the auction at the latest. The parties decide on the payment and collecting the item of sale. The buyer is obliged to pay the purchase no later than 7 days from the auction, if no other arrangement is agreed. If the buyer doesn’t collect the item of sale in 7 days, the seller has right to charge a deposition fee of 30 € (VAT incl.) per day after that, if he wishes. The seller and the buyer can make a different agreement, which they don’t have to inform Starinita Oy about. The seller has no obligation to hand over the item before it is fully paid.
Starinita Oy recommends to make a bill of sale in writing.
The buyer is responsible for the expenses of collecting the item and he should find out the location of the item in advance, before bidding.
Malpractices
Starinita Oy has the right to refuse permanently a fraudulent person or a company to participate the auctions of Starinita Oy. For example, it is forbidden to give false or inadequate information as a seller or not selling to highest bidder. The buyer is not allowed to make offers without intention to pay for the item. Bids are binding and non-payment without a valid reason is forbidden.
Legal proceedings
In potential cases of dispute Finnish law is applicable, when the item of sale is located in Finland.
