Terms & Conditions



General terms and conditions 


General Terms and Conditions of Sale & Search Horses B.V., established in Dronten and having its office at Zeilenmakersgilde 20 in (8253 GJ) Dronten (the Netherlands) 


Article 1 Definitions 

In these terms and conditions, the following capitalised terms shall have the following meanings: 

 

  1. Mediation Order: an order for mediation issued to Sale & Search Horses pursuant to an Agreement for Mediation; 
  2. Mediation Agreement: a mediation agreement between Sale & Search Horses and a Client; 
  3. Third party: any (legal) person other than Sale & Search Horses, the Client and User; 
  4. User: (Legal) persons, who visit the platform and/or contact a Client on the basis of information provided by Sale & Search Horses; 
  5. Client: Any (legal) person, with whom Sale & Search Horses has entered into an Agreement for Intermediary Services, which has not been validly terminated by either Sale & Search Horses or the Client; 
  6. Platform: Sale & Search Horses' platform on the internet under the domain www.saleandsearchhorses.com and - at Sale & Search Horses' discretion - any social media channels used by Sale & Search Horses, including Instagram, YouTube and the like; 
  7. Sale & Search Horses: Sale & Search Horses B.V.; 
  8. Search request: a search request placed by a User on the platform for a horse and/or service. 

These defined terms in singular have the same meaning in plural 

 

Article 2 General provisions 

These terms and conditions apply to the exclusion of other general terms and conditions to the (possible) provision of services by Sale & Search Horses . Sale & Search Horses is an online platform on the internet, including services, also in the form of mediation of horses, for purchase/sale by third parties against payment. 

 

These General Terms and Conditions, hereinafter also referred to as "GTC", form the basis for the mediation activity as well as for all legal relations with Users and Clients. By visiting the Platform, the User accepts these GTC, while a Client accepts these GTC by entering into a Mediation Agreement. 

 

These GTC apply exclusively; any conflicting or differing terms of these GTC are not recognised unless their validity is expressly agreed in writing by Sale & Search Horses. Any general terms and conditions of Users and/or Clients expressly do not apply in the contractual relationship with Sale & Search Horses. 


Article 3 Subject matter of the services 

Sale & Search Horses' platform offers Users: 

  1. to present horses and/or services offered (for sale) by Clients to interested Users; 
  2. to be supported, including on site, in the search for a horse, including by guidance on the purchase within the framework of Search Order; 
  3. To have horses, according to individual search criteria, presented for purchase without obligation; 
  4. have matching additional services provided. 

 

Purchase agreements and other agreements regarding horses and/or services offered on the Platform are concluded directly between the relevant Users as seller/offeror and the User. Sale & Search Horses is expressly not a party to such agreements, including any transactions resulting from such an agreement. Sale & Search Horses also does not act as representative or agent with the Client. 

 

Article 4 Mediation services and conclusion of agreements 

  1. Clients have the authorisation to offer horses and/or services on the Platform, while Users have the ability to search for horses and/or services on the Platform. However, this authorisation may be revoked. The Principals guarantee that they have power of disposal in respect of the horses and services offered. 

 

Unless otherwise agreed, the services available to the Client pursuant to the Agreement for Intermediary Services include the following: 

  • Discussing and advising on the sale possibilities of the horse; 
  • assessment of the value of the horse in question; 
  • guidance during the contract period; 
  • Guidance on the completion of the sales process; 
  • guiding and advising during and after the conclusion of a purchase agreement. 

 

  1. The Client must fully and truthfully fill in the form on the Platform and the checklist provided by Sale & Search, on which Sale & Search Horses may rely. 

 

The Client grants Sale & Search Horses permission to display the information provided by the Client, including any video and/or photographic material of the horse for sale provided by the Client to Sale & Search Horses, recognisable and forwardable to Users on the Platform. Sale & Search Horses undertakes to treat this information outside the Platform with discretion within the framework of the mediation activity. 

 

Sale & Search Horses has the right to produce its own photo or video material of the horse offered by a Client on the Platform and publish it on the Platform. All intellectual property rights of the photo and video material produced by Sale & Search Horses are held exclusively by Sale & Search Horses, while Sale & Search Horses acquires a right of co-use in respect of the information provided by the Clients, including photo and video material. 

 

The Client reasonably undertakes to make the horse offered on the Platform available to interested Users as potential buyers for a possible test ride and to present the horse under a rider upon request. Users, who make use of this, view and ride the horse in question at their own expense and risk. 

 

If the Client of the horse and/or service offered on the Platform comes into contact with an interested User or third party, he shall immediately inform Sale & Search Horses of this. This notification shall be made in writing, including by e-mail or WhatsApp. 

 

The Client must immediately inform Sale & Search Horses if the horse and/or service offered on the Platform is no longer offered, regardless of the reason. In that case, Sale & Search Horses has the right to remove the horse and/or service from the Platform. 

 

The Client must refrain from any activities that may hinder the fulfilment of the Mediation Order by Sale & Search Horses or interfere with its activities. 

 

All contractual obligations entered into by Sale & Search Horses qualify as effort obligations and not as result obligations, in the execution of which Sale & Search Horses may engage third party(ies). 

 

  1. A mediation agreement between the Client and Sale & Search Horses is established by signing a mediation agreement. This signed agreement is provided to Sale & Search Horses digitally or in person by the Client. The consideration for Sale & Search Horses' services under the Agreement for Intermediary Services shall be a percentage of the sale price stated in the Agreement for Intermediary Services plus the statutory turnover tax. 

 

The brokerage fee is calculated based on the average of the price category in which the horse is classified in the brokerage agreement and not on the actual sale price. 

 

In case of a significant change in the actual sales price compared to the price mentioned in the brokerage agreement, the Client may request an adjustment of the agreed brokerage fee. If Sale & Seatch Horses sees good reasons for this and has received proof of the actual sales price, Sale & Search Horses may agree. 

 

The consideration agreed in the Agreement for Intermediary Services is due and payable from the date, on which: 

  1. during the term of the Agreement for Intermediary Services or within one month after its termination, the horse offered on the Platform is sold and/or agreement is reached on the service offered on the Platform; 
  2. during the term of the Agreement for Intermediary Services or within one month after its termination, a horse other than the horse offered on Platform is sold to a User and/or agreement is reached with a User about a service other than the one offered on Platform. 

 

The Client must notify Sale & Search Horses immediately in writing, including by e-mail or WhatsApp, of reaching the aforementioned agreement, If a User of the Client has purchased a horse other than the one offered on the Platform and/or has been charged for a service other than the one offered on the Platform, the consideration agreed upon is to be communicated. In that case, the same consideration will be due to Sale & Search Horses as in the sale of the horse offered on the Platform and/or the service offered on the Platform, with the consideration being calculated on the basis of the agreed price for the horse and/or the consideration for the service. 

 

All amounts invoiced by Sale & Search Horses shall, to the extent required, be increased by sales tax with a payment term of 14 days. Invoices will be sent by e-mail only. 

 

Failure to pay on time shall result in default without notice of default and Sale & Search Horses shall be entitled, without notice of default, to charge the statutory interest pursuant to Article 6:119a of the Dutch Civil Code as well as all (extra)judicial costs incurred by Sale & Search Horses for collection, including the full costs of lawyers engaged. 

 

The term of the Agreement for Intermediary Services is three months, counting from the date on which the horse and/or service in question is offered on the Platform. After these three months, the Agreement for Intermediary Services will end by operation of law, unless the parties then decide to continue the Agreement for Intermediary Services. In the event of the death of the Client, being a natural person, the Agreement for Intermediary Services will end at the time Sale & Search Horses takes cognisance of the death. 

 

The activity of Sale & Search Horses ends with the conclusion of an agreement between the User and the Client. 

 

Article 5 Searches 

  1. Users, who are seriously looking for a horse, can use the search form on the Platform to express their interest. The User is obliged to provide correct and complete information. 

 

  1. Sale & Search Horses makes information, video material and/or photos of horses available to the User as a potential buyer, which completely or partially satisfy the search query. The User is not permitted to share, publish/distribute and/or multiply the information made available with third parties. Drawing attention to a horse and/or service does not constitute an offer to enter into an agreement, but only an offer to get in touch with the offering Client. Sale & Search Horses is not liable if a horse and/or service is no longer available. Unless otherwise agreed between the User as potential buyer and Sale & Search Horses, there are no costs associated with the use of these services. The User is not entitled to compensation for costs such as travel expenses or lost working time incurred in vain or otherwise as a result of using the service. 

 

  1. Users have the right to terminate their contractual relationship with Sale & Search Horses at any time by notifying Sale & Search Horses in writing that they do not wish to receive further information about a specific horse for sale. 

 

  1. If Sale & Search Horses arranges a viewing of a horse, there will be no costs involved, unless the appointment is not cancelled at least 24 hours in advance and the User does not show up. In that case Sale & Search Horses is entitled to compensation of its costs, which are at least € 250,-. The User has the burden of proof for cancelling appointment on time. 

Article 6 Liability 

With the exception of gross recklessness or intent on the part of Sale Search Horses, liability on account of a shortcoming and/or wrongful act on the part of Sale Search Horses is excluded, including for consequential damage. 

 

All information horses and/or services revealed by Sale & Search Horses are exclusively based on information provided by the relevant User. Sale & Search Horses is not liable if incorrect, incomplete and/or misleading information is provided to it and revealed by it. 


Article 7 Invalidity / nullity 

Should any provision of these General Terms and Conditions be invalid or unenforceable in whole or in part, the validity of the agreement shall remain unaffected. 

 

The invalid or unenforceable provision will be replaced by a valid and enforceable arrangement that comes closest to the economic objectives that the contracting parties pursued with the inclusion of the invalid or unenforceable provision. The above provisions shall apply in case the contract is found to be incomplete. 

 

Article 8 Termination by Sale & Search Horses 

Sale & Search Horses reserves the right to terminate the agreement with a User or a Client at any time. In particular, Sale & Search Horses will unilaterally terminate the agreement if there is reason to fear that the Client will not properly fulfil the agreement to be established. 

 

  1. Sale & Search Horses reserves the right to terminate the agreement with Client with immediate effect in the following cases: 
  2. In case of (a request for) bankruptcy, suspension of payments, debt restructuring or receivership of the Client; 
  3. If Client, being a legal entity, is dissolved; 
  4. If the Client provides incorrect or incomplete information necessary for the execution of the mediation by the Sale & Search Horses; 
  5. On the occurrence of a force majeure situation. 

 

If Sale & Search Horses has the right to terminate and/or terminate the Agreement for Intermediary Services due to the Client's failure to fulfil its contractual obligations, Sale & Search Horses may, at its option, claim reimbursement of the costs it has incurred or 50% of the fee in the event of successful mediation. 


Article 9 Data protection 

Personal data of the Client are included in the administration of the Sale & Search Horses. The Sale & Search Horses does not share these data with third parties without the Client's prior consent, unless required by law or necessary for the execution of the assignment. The registered personal data will be used by the Sale & Search Horses exclusively for the execution of the Client's assignment, in accordance with applicable privacy legislation, such as the General Data Protection Regulation (AVG). 

 

If the Sale & Search Horses website allows the User to submit personal or commercial data such as e-mail address, name, address or telephone number, this is done on a voluntary basis by the User. 

 

The user has the right at any time to request information about the storage of his personal data by Sale & Search Horses, as well as the request for the deletion of these data by Sale & Search Horses. 

 

Article 10 Applicable law and competent court 

The contractual relationship between Sale & Search Horses on the one hand and the User and the Client on the other hand is exclusively governed by Dutch law, to the exclusion of the Vienna Sales Convention. 

 

All disputes arising from the contractual relationship between Sale & Search Horses on the one hand and the User and the Client on the other shall in the first instance be settled by the competent court of the District Court of Amsterdam, to the exclusion of other judicial bodies. However, Sale & Search Horses reserves the right to bring a case before the competent court in the place where Sale & Search Horses, the User or the Client is located. 

 

Unless the Client and the User agree otherwise in writing, the contractual relationship between the User and the Client is exclusively governed by the law of the state in which the Client is domiciled or at least established, to the exclusion of the Vienna Sales Convention. 

 

Unless the Client and the User agree otherwise in writing, all disputes arising from the contractual relationship between the User and the Client shall in the first instance be settled by the competent court of the District Court of Amsterdam, to the exclusion of other judicial bodies. 

 

If, based on mandatory law, only a court other than the Amsterdam District Court has jurisdiction, the aforementioned choice of forum shall not apply. 

 

Article 11 Final provisions 

All clauses in these GTC are also made for the benefit of the directors, employees and shareholders of Sale & Search Horses, including any of their legal successors. 

 

These GTC have been drawn up in Dutch and translated into English and German. In the event of a dispute regarding the content or scope of these GTC, the Dutch text shall be binding. 

 

These GTC may be amended. The then current GTC can be consulted and downloaded on the Platform. 



​General terms and conditions of Sale & Search Horses B.V., registered 

​Entered in the commercial register of the Chamber of Commerce under number 93761546 

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