1- General Informations
The future-star-auction.com website is published by Future Star, a simplified joint-stock company with a capital of 500 euros, whose registered office is located at 1 rue de la panèterie 80131 Framerville, registered with the R.C.S de AMIENS under no. 981 871247, represented by its Chairman, Mr RODRIGUEZ Baptiste and its CEO Mr RINGOT Dylan. The future star simplified joint stock company does not own any auctioned lots and has the sole purpose of connecting the sellers of the lots with the buyers.
2- Organisation and execution of the online auction
2-1 Login and user account
The participation in an auction is only permitted for the natural or legal persons who have registered with the organiser. At the opening of the registration, all the questions asked by the organiser in the registration form have to be duly and correctly answered and required copies may have to be attached. Should the data provided during registration change, the user is obliged to communicate the change of the user data immediately by e‑mail at the following address: email@example.com
The sending of the registration form simultaneously represents a binding offer to the operator of the online platform to conclude a contract of use. If the registration is accepted, the user receives a confirmation by e‑mail with a personalized link. This also results in a contract of use with the operator of the online platform. To complete the registration process, the user must click on the link contained in the confirmation email.
A registration can be deleted at any time without giving reasons; in this case, all registered data will be permanently deleted, as long as it is not necessary for an ongoing bidding process or the processing of a purchase that has already taken place. In this case, the deletion will only take place when it definitely concluded that the data is not needed. The deletion request must be sent by e‑mail to the following address firstname.lastname@example.org
Each user can only register once. The registration cannot be transferred.
Representation and legal capacity
(a)To register for use, natural persons must be of legal adult age and have unlimited capacity to conduct business.
(b) Natural authorised representatives of a legal entity must be mentioned by name.
Registered users receive a password. Every user is obliged to keep the password confidential.
2-2 Sequence of the internet auction
(a) The respective internet auction begins with an offer placed on the internet by the organiser on the platform. This is a declaration of intent directed towards the conclusion of a sales agreement by the organiser. With the offer, the bidding time is also defined by the statement of the start of the auction and the end of the auction. This offer cannot be accepted by a simple “yes”, but is a pre-declared acceptance of the maximum bid. The organiser will only accept the maximum bid that was placed effectively by a bidder according to the terms of these general terms and conditions during the aforementioned bidding time.
(b) Bids can exclusively only be placed on the mask installed from the platform for registered bidders and only online. Bids that have been placed in other ways will not be taken into account, even if the organiser receives them during the bidding period. Bids, for which the bidder has not stated that he agrees with the validity of these general terms and conditions for his bid and that he has taken note of the right of withdrawal, are also not accepted. Bids placed until the end of the auction that are submitted for the registered user under “bid” according to these general terms and conditions, only participate in the auction if they reach the organiser before the end of the auction. The bidder bears the risk of the submission.
(c) Before the submission of the bid, the content of the bid, including the customer data, will be summarised on an overview page. The bidder can correct his bid in the change fields provided for this purpose. By clicking on the button “submit bid”, the bidder submits a binding bid to the organiser for the conclusion of a purchase agreement. After submitting the bid, the bidder receives an automatically generated e‑mail from the organiser, confirming the receipt of the bid (confirmation of receipt). This confirmation of receipt does not constitute acceptance of a contract but only serves as confirmation of participation in the auction with the submitted bid. Each bid of each bidder will be rendered invalid with the submission of a higher bid. The respective bidder is bound to the submitted bid until the end of the bidding period. Bids, that are below the minimum bid, do not participate in the auction, even if the organiser does not receive a higher bid by the end of the auction. The purchase contract for the auctioned horse is made without any separate surcharges with the effective highest bid submitted by the registered bidder (user or customer) at the end of the bidding period.
(d) An effective bid must correspond to the minimum bid and, moreover, at least one bidding step above the previous bidder’s bid. The bidding step amounts €1000.00 for all horses entered in the auction. The bidder shall be informed by e‑mail or by another appropriate means if his bid is accepted and also if he has been outbid.
All indicated bids are in Euros and subject to the applicable value added tax (currently 20% for performers and 5,5% for embryos).
(e) Information of the conclusion of the contract: The bidder who has submitted the highest effective bid at the end of the auction will be notified by e‑mail or by another means on a durable medium in text form. The receipt of the notification is the confirmation of the purchase contract that has already been concluded and not an additional condition for its conclusion. Bidders who have not submitted the highest bid do not receive a notification. The maximum bid will be indicated anonymously on the platform immediately after the end of the bidding period. The notification to the purchaser includes a confirmation of the contract, in which the content of the contract is repeated, and contains the informations of the sale. The invoice will be send within 48 hours after the end of the auction directly from the seller.
(f) We shall be entitled, at our discretion, to block registered bidders for individual auctions of individual objects or for a specific period or in general and thus fully or partially exclude from the authorisation of participation in auctions. This is only permissible if there is an important reason for which the continuation of a legal relationship with the blocked person is no longer reasonable for us.
(g) The organiser can cancel an auction at any time before the end of the bidding period, if he decides so with an objective reason at his reasonable discretion. In case of a system failure due to technical circumstances, the organiser is also entitled to cancel the auction. In this respect, we explicitly reserve the right to revoke our respective bid submitted online according to 3. The decision of cancellation will be announced on the internet platform stating the reason. The bids that have already been submitted become invalid without replacement with the announcement. This reservation to revoke our offer to sell to the highest bidder shall terminate at the end of the auction, which has been carried out according to the announcement and ended at the end of the bidding period, without any separate declaration being necessary. Claims for compensation from bidders for technical problems of the processing of the internet auction, in particular for system failure, non-access to bids or their refusal due to technical reasons are inadmissible.
(h) During the ongoing auction, the organiser maintains a hotline, which can be reached at the expense of the caller during the time specified on the internet platform and with the fees stated there. The hotline is only used to resolve process problems, and not to receive bids. No commitments or contractual agreements, regardless of their type, will be made via the hotline.
3- Information on the auction lot
The horses that will be auctioned on the platform will be presented with the following information:
Name of the horse, sex, age, height, photos, videos, pedigree, X-rays.
The above information is merely a description of the object of the auction, the organizer does not assume any guarantee of corresponding appearance and the information is not content of quality agreement in view of the future purchase contract. The size indications are only approximations. A difference with the actual size is possible. The X-rays were provided by the seller and their appreciation is the responsibility of the buyer.
We do not guarantee the ability to breed of the presented horses. In particular, the fertilisation ability of stallions and ability to breed of mares have not been tested by the organiser. The fertilisation ability or ability to breed are not agreed qualities.
The minimum bid in euros will also be stated for the horse entered in the internet auction.
The location of the horse after the end of the internet auction is at the seller place. Due to the technical and organisational development of the Internet auction, a visit to the horse before the conclusion of the purchase contract is only possible after previous arrangement.
All the horses are available for extra veterinary exams, which should be the charge of the customer.
4- Price and terms of payment
All indicated prices and bids are subject to the value-added tax applicable at the time (currently 20% for performers and 5,5% for embryos). These will be separately stated on the invoices. The settlement amount will be calculated as follows:
+ 10% commission fee
= net amount
+ value added tax according to VAT Act (20% for performers and 5,5% for embryos)
= final balance amount
With the confirmation of the purchase agreement, the bidder will receive under 48 h the invoice directly from the seller indicating the net amount price and the value-added tax.
The deduction of cash discount is not permitted.
The purchase price is due immediately and without deduction upon confirmation of the conclusion of the purchase agreement. The legal requirements regarding consequences of delayed payment apply. The auctioned horse may only be handed over to the buyer or the carrier after payment of the purchase price. It is expressly pointed out that, in accordance with the following paragraph (8), additional standing charges may also be incurred in the case of timely payment.
The purchaser will be only entitled to rights of set-off, if his counterclaims are legally established, undisputed or recognized by us. The purchaser shall be entitled to exercise a right of retention to the extent that his counterclaim is based on the contractual relationship.
5- Defect rights
In case of a defect of the auctioned horse, the statutory provisions apply — with the exception of the claim for damages. In the event of claims for damages due to a defect of the horse, the rules on compensation liability and compensation limitation set out in paragraph 6 shall apply.
6- Compensation liability and limitation
The seller must guarantee the Buyer against redhibitory defects, listed in article R.213-1 and following of the French Rural Code, and not declared by the Buyer before the sale.
Any action based on the aforementioned redhibitory defects must be brought by the purchaser in accordance with the provisions of articles L.213- 1 and following of the Rural Code, within ten days of the sale, not including the day of the sale, except for periodic flux and infectious anemia, for which the time limit is thirty days not including the day of the sale.
All time limits shall expire on the last day at 24:00 hours. The time limit that would normally expire on a Saturday, Sunday or holiday or non-working day shall be extended until the first working day thereafter.
Under penalty of inadmissibility, the buyer must present to the Judge of the Judicial Court where the animal is located a request in order to obtain the appointment of an expert to examine the animal.
Within the same time limit, the buyer must notify the seller (by registered letter) of the presentation of his request to the Judge of the Court of Justice.
The action for rescission of the sale, initiated by the buyer, must be brought directly against the seller, whose name will be provided to him by SAS Future Star at any request from him or directly found on the invoice.
In no case may this action involve SAS Future Star which cannot be held responsible.
No claim will be accepted if the buyer has not paid the total amount of the purchase in cash.
The parties are informed that the legal rules of guarantee of the redhibitory defects in the sale of domestic animals such as defined by the articles L.213-1 and following of the Rural Code can be set aside by a contrary agreement.
This contrary agreement can be implicit and result from the destination of the animals sold and the purpose that the parties have proposed and which constitutes the essential condition of the contract binding the seller to the buyer.
The seller is therefore informed that he may be required to guarantee defects not listed in articles R.213-1 and following of the Rural Code depending on the destination of the animal and the purpose of the contract.
In case of positive return of export blood tests after the purchase of a horse in the sale, the seller undertakes to immediately refund the buyer.
7- Sales of Broodmares and embryos
The buyer may have the broodmare examined by a veterinarian approved by the seller within 24 hours of the sale before it has left the establishment.
In case of emptiness, the sale is cancelled and the buyer immediately refunded the amount paid.
The potential buyer of a filly can ask the seller for permission to have it examined before the sale by a veterinarian mandated by the company Future Star Auction present at the sale to ensure its reproductive capacity and the condition of its genitals.
For full mares, the seller agrees to pay the balance of the remaining breeding due in the fall or calving.
Unless otherwise stated, a male horse is not sold with the guarantee of being able to be used on the horse. The quality of his seed cannot be invoked as a contract to cancel the sale.
In the case of carrying mares, the mare will be returned to the original owner or tenant at the buyer’s expense after weaning the foal.
The transport of the horse carrier between the place of the seller and the place of the buyer will be at the expense of the buyer.
The seller can request a guarantee of up to 3,000 euros for the rental of his mare.
The guarantee is returned to the buyer once the mare is returned in good health to the original owner or tenant.
The embryos are insured by the seller until the end of the auction.
8- Transfer of ownership and responsibility
Ownership is transferred to the buyer as soon as the auction closes.
The transfer of responsibility is carried out simultaneously with the transfer of ownership.
However, if the Product dies before its delivery to the successful bidder, the successful bidder will be refunded.
The Seller acknowledges that he has the option of insuring his product against death until delivery of the Product to the buyer.
If the Product is injured prior to delivery, Seller shall assume the care of the Product while it recovers, unless Buyer knowingly accepts the transfer of responsibility.
The Seller will assume all the costs of keeping the Product only for 1 week maximum after the end of the sale.