DAWAN SPORT HORSES holds a sales license issued by the Italian Chamber of Commerce.

The site Https://www.dawans.auction/home is published by the company DAWAN SPORT HORSES SRL, Via Aventina 35 00153 ROMA Italy, Tax number: 16764121006, represented by Mr. Sivan DAWAN.

1. For a complete understanding of these general conditions of sale, the main terms are defined below:

- Buyer: User who made the highest offer during an auction and declared the successful bidder

- Successful bidder: Buyer beneficiary of the award

- Release note: Act signed by the Seller authorizing the company DAWAN SPORT HORSES to release the Product and all its accessories

- Auction: Amount excluding tax offered by a potential buyer on a Product during an auction.

- Bidder: User offering a bid on a product.

- Mandate: Contract binding the Seller to the company DAWAN SPORT HORSES authorizing the latter to sell the Product on behalf of the Seller

- Product: Product offered for sale on the website Https://www.dawans.auction/home.

- User: Natural or legal person having created their account on the site Https://www.dawans.auction/home and having accepted the General Conditions.

- Seller: Person, professional or individual, having concluded a Mandate with the company DAWAN SPORT HORSES and offering Products for sale.

2. DAWAN SPORT HORSES acts as agent of the seller who gives full subrogation to DAWAN SPORT HORSES with regard to invoicing and collection.

Users of the online auction platform on the site Https://www.dawans.auction/home engage with the company DAWAN SPORT HORSES.

The company DAWAN SPORT HORSES provides sellers with a platform to allow them to put their lots up for auction; the company DAWAN SPORT HORSES does not become a co-contractor of the contract concluded within the framework of the auction.

The sales are public and open to all, access to the website or entry to the Establishment is free.

The presentation of lots or the visit to the Sellers may involve dangers, the Buyers act in this context at their own risk.

3. By registering on the website Https://www.dawans.auction/home, the User accepts these General Conditions in their entirety and without reservation.

Access to the services offered by the company DAWAN SPORT HORSES on its website is subject to prior acceptance by the user of the General Conditions upon registration.

When registering, the User is invited to validate the box “I accept the General Conditions” materializing this unreserved acceptance of the General Conditions.

Failure to accept these General Conditions makes it impossible for the user to access the services offered by the company DAWAN SPORT HORSES on its website.

The company DAWAN SPORT HORSES reserves the right to make modifications to these General Conditions.

Modifications to these General Conditions are effective immediately upon publication.

In the event of refusal of the new modified General Conditions, the User will no longer be able to access the services offered by the company DAWAN SPORT HORSES on its website.

The User, by accepting these General Conditions, declares having the legal capacity to commit, the company DAWAN SPORT HORSES reserving the right to carry out any verification in this respect including in particular the transmission by the User of any document identity, extract from the commercial register,…

When registering, the User chooses an identifier and a password which will allow them to subsequently connect to their personal account on the site Https://www.dawans.auction/home.

This username and password are strictly confidential and the User must under no circumstances transmit them to a third party.

The User will be fully responsible for any damage that may result from the transmission of this identifier and password to a third party.

The User acknowledges that the company DAWAN SPORT HORSES will not bear responsibility for such transmission to a third party.

The DAWAN SPORT HORSES Company may refuse registration on its website Https://www.dawans.auction/home to any person for just cause, in particular in the event of notorious insolvency or difficulties during previous auctions, and reserves the right to request any proof of solvency.

Bidders act in their own name and on their behalf, unless otherwise agreed prior to the sale and made in writing with the company DAWAN SPORT HORSES.

In the event of a dispute by a third party, DAWAN SPORT HORSES will hold the Bidder solely responsible for the Auction in question and its settlement.

4. The liability of the company DAWAN SPORT HORSES cannot be sought by the seller or the buyer outside of the responsibilities defined in these General Conditions.

Failure to comply with the General Conditions by persons other than the company DAWAN SPORT HORSES cannot incur the liability of the latter towards sellers, buyers or third parties.

5. Access to the website may be temporarily suspended for technical reasons based on content modifications or even due to incidents independent of the company DAWAN SPORT HORSES

The User declares to accept any possibility of temporary suspension of the site and waives all recourse against the company DAWAN SPORT HORSES.

6. Each Product is subject to a veterinary examination prior to sale.

X-rays and reports of the examinations carried out are made available to potential buyers on the website Https://www.dawans.auction/home.

In the event of a technical malfunction, these clinical examinations can be sent to anyone interested by email.

The buyer may request, at his own expense, additional veterinary examinations to be carried out.

The company DAWAN SPORT HORSES does not accept liability in the event of inaccuracy or error in diagnosis by the veterinarian authoring the examinations.

As the company DAWAN SPORT HORSES acts solely as an agent of the Seller, any dispute with one of the veterinary reports must be addressed directly to the Seller.

The Seller declares to assume full and total responsibility for these veterinary reports and acknowledges that any dispute must be addressed directly to him.

Users are informed that the company DAWAN SPORT HORSES does not choose the veterinarian who produces the veterinary report before the sale, a choice which rests solely and exclusively on the Seller.

Any horse intended for export outside the EU must meet health requirements defined by an official agreement between the health authorities of the country where the product is currently hosted and the authorities of the country of destination.

It is up to any User to request additional tests at their own expense, if they do not have information on the veterinary report.

7. As soon as registration is finalized, the User can place auctions on the Products available on the site Https://www.dawans.auction/home.

The end of the Sale of the Product is scheduled at a specific time displayed on the sheet presenting the Product.

A countdown indicates the time remaining to place a Bid.

If a Bid is placed within 3 minutes before the Product Auction closes, the end of the auction is postponed by an additional three minutes, and so on for any new bidding.

When the online event closes, the Product is awarded to the highest bid.

The User who made the highest bid at the end of the event becomes the final buyer of the Product.

8. The amount to be paid by the successful Buyer must be transferred in one go and includes:

- the hammer price in Euros and excluding tax,

- applicable VAT,

- the Commission of the company DAWAN SPORT HORSES, the amount of which amounts to TEN (10)% excluding tax of the hammer price excluding tax.

The provision of a carrier mare will be subject to an additional security deposit to the total of the auction, the amount and conditions of return of which will be fixed on the page of the lot concerned.

Any payment must take place through the company DAWAN SPORT HORSES on the bank account opened by the latter for the purpose of collecting funds from the products, taxes and costs of the sale.

The calculation of VAT is carried out as follows depending on the case:

- The buyer is Italian and is subject to VAT: VAT invoiced on the entire sale price (recoverable VAT)

- The buyer is subject to VAT in an EU member country other than Italy and the Product is delivered to an EU member country: VAT exemption (presentation of proof of export required)

- The buyer is subject to VAT in an EU member country other than Italy and the Product remains in Italy: VAT billing (VAT recoverable from the tax authorities)

- The buyer is not subject to VAT: invoicing of VAT (non-recoverable)

- The product is exported outside the EU: VAT exemption upon presentation of the customs document certifying the export and mentioning DAWAN SPORT HORSES as exporter.

The company DAWAN SPORT HORSES declines all responsibility for the legal and tax consequences of a false declaration by the buyer.

9. If the successful bidder refuses to pay the acquisition slip and, where applicable, the security deposit after formal notice remains unsuccessful eight (8) days after its first presentation, the company DAWAN SPORT HORSES reserves the right to make him pay fees as a penalty for crazy bidding.

After the aforementioned eight (8) day period, interest of 1% per month will be invoiced retroactively from the first day of the sale, on the total invoice amount.

All costs and fees incurred by the company DAWAN SPORT HORSES for the recovery of the debt will be the responsibility of the Buyer who undertakes to do so.

10.        Until full payment of the total amount of the Auction of taxes and sales costs, where applicable the security deposit, and possibly accrued interest, the Products will remain the property of the Seller.

However, the transfer of risks occurs as soon as the auction closes to the successful buyer.

However, if the Product dies before delivery to the successful bidder, the successful bidder will be reimbursed.

The Seller acknowledges that he has the possibility of insuring his product against mortality until delivery of the Product to the buyer.

If the Product is injured before delivery, the Seller will take care of the Product while it heals, unless the buyer accepts the transfer of responsibility in full knowledge of the facts.

The Seller will assume, where applicable against reimbursement beyond the deadline for collection of the Product, all costs of guarding the Product until its delivery.

11.        Any Product sold must be the subject of an exit voucher to be able to leave the establishment where it is located on the day of its sale.

The Release Form is signed by the final Buyer or his agent to certify that he has taken charge of the Product sold, as well as all the administrative documents for the Lot (signature booklet, breeding certificate).

Depending on its status, the Product must be withdrawn within the following deadlines:

- For weaned foals, pregnant mares and carriers of implanted embryos: within ten (10) days of the auction,

- For unweaned foals: within ten (10) days of weaning, which will occur at the earliest within the foal's five (5) months.

Beyond these deadlines, boarding costs will be invoiced to the buyer according to the following rates:

- Twenty (20) euros excluding tax per day for pregnant mares (carriers or biological mothers),

- Fifteen (15) euros excluding tax per day for weaned foals.

12.        The relationship between seller and buyer is subject to French law.

The seller guarantees the buyer against fatal defects, listed in article R.213-1 et seq. of the Rural Code and not declared by him before the sale.

Any action based on said fatal defects must be brought by the buyer in accordance with the provisions of articles L.213-1 et seq. of the Rural Code, within ten days of the sale, not including the day of the sale. The exception of periodic inflammation and infectious anemia for which the period is thirty days not including the day of sale.

On pain of inadmissibility, the buyer must submit a request to the Judge of the Court where the animal is located in order to obtain the appointment of an expert responsible for examining the animal.

Within these same deadlines, the buyer must notify the seller, as well as SAS DAWAN SPORT HORSES (by registered letter) of the presentation of his request to the Court.

In the event of a dispute arising between the seller and the buyer, the company DAWAN SPORT HORSES will endeavor to resolve this dispute through mediation.

In the absence of agreement, the French courts will have exclusive jurisdiction.

No claim is admissible if the buyer has not paid the total amount of their purchase in cash.

13.        If the buyer is a consumer within the meaning of the introductory article of the Consumer Code, and the seller acts within the framework of his professional activity, the consumer has a legal right of withdrawal of 14 days on the basis of article L.221-18 of the French Consumer Code.

14.        The company DAWAN SPORT HORSES is the owner of the photographs and videos distributed on its website as well as on any other advertising medium and has the rights to all of these works.

15.        Personal data concerning the User collected on the Site when creating an Account and/or during use of the Service are recorded and processed in accordance with the privacy protection policy of DAWAN SPORT HORSES and in compliance with applicable laws and regulations.

The data collected may be transmitted to the administrations or participants in the auction.

Each User has a right of access, rectification and opposition, for legitimate reasons, to personal data concerning them, by sending an email to: info@dawans.auction