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TERMS AND CONDITIONS

I.- INTRODUCTION

I.1.- The purpose of this document is to establish the GENERAL TERMS AND CONDITIONS OF USE of the auction application owned by OVOHORSE IBERICA, S.L. (hereinafter, “OVOHORSE”) as well as to regulate the terms of contracting offered by OVOHORSE.

I.2.- The service provider is the Spanish company OVOHORSE IBERICA, S.L., NIF B16796773, registered at the Commercial Registry, volume 6063, folio 84, sheet 162673.

I.3.- Accessing the services of this auction application, registering on it, or participating in any way, regardless of the user’s physical location (hereinafter, the “User”), implies that::

  • The User has carefully read these terms and conditions.
  • The User understands the terms and conditions.
  • The User is bound by these terms and conditions in using the services provided by the OVOHORSE auction application.

I.4.- OVOHORSE reserves the right to update these Terms and Conditions at any time. It will be considered that the User has accepted the new Terms once they use the auction application after any modification.

I.5.- These Terms and Conditions, together with any other specific or particular Terms and Conditions for a particular transaction or service provided by this application, constitute a complete agreement between OVOHORSE and the participant.

I.6.- In addition to the Terms and Conditions, the use of the Platform (as defined below) may also be governed by other agreements or applicable international laws and regulations, including:

  • Sales contract. The sales contract that a buyer (the winner of an auction) and OVOHORSE enter into for the sale through the Platform.
  • Other applicable legislation and regulations. By using the Platform, the User is required to comply with all binding national, EU, and international laws and regulations in force regarding bids, sales offer, purchases, and sales of goods and/or services.

I.7.- It is the obligation of each User to ensure that they can legally use the Platform and OVOHORSE Services.

A User may only use the Platform if they are permitted to enter into legally binding contracts (e.g., if they are of legal age). A User may not use the Platform if they are temporarily or indefinitely suspended from using it.

I.9.- A User may not participate in auctions if they are directly or indirectly involved in money laundering or terrorist financing, or if they are subject to any economic sanctions laws. To verify this, OVOHORSE payment providers may request additional information from each User.

II.- GENERAL TERMS OF USE

II.1.- Use of the Terms and Conditions

II.1.1.- The Terms and Conditions of use (hereinafter, the “Terms”) and other documents mentioned below are legally binding agreements between the User and OVOHORSE. The Terms apply to the User’s use of mobile, tablet, and other smart device applications, application programming interfaces, and all associated OVOHORSE services (hereinafter, the “Platform”).

II.1.2.- The Terms are the rules that govern navigation, bidding, buying, and selling conducted on or through the Platform.

II.1.3.- OVOHORSE also provides additional guidance in its help section. If there is any discrepancy between what is stated in the Terms and the help section, the Terms will prevail.

II.2.- User Account

II.2.1.- Before being able to use the Platform, the User must create an account.

II.2.2.- When creating their account, the User must provide complete and truthful information about themselves and/or their company. Providing false information or impersonating another person or company is prohibited.

According to applicable laws and regulations, OVOHORSE may need to collect certain information from the User, for example, to provide it to tax authorities. The User agrees to provide such information correctly and timely. Failure to share the required information may imply that OVOHORSE may suspend (temporarily) the account or take any other measures deemed appropriate to comply with applicable regulations at any given time.

OVOHORSE, its payment providers, or any other third party used to provide services, may request the User to identify themselves as part of their account registration or to complete a purchase or sale. If the User’s identity cannot be successfully verified, it may imply that they cannot register an account, complete a purchase or sale, or receive a service.

II.2.3.-  It is the direct duty of the User to keep account information updated to ensure the smooth sale and delivery of goods and services.

II.2.4.- All data provided by the User to OVOHORSE will be treated in accordance with the data protection and privacy policies in effect at any given time.

II.2.5.- Choosing an appropriate Username

The Username must be appropriate and not offensive, vulgar, or misleading. It must not infringe intellectual property rights or other third-party rights. A particular Username may not be accepted or may be required to be modified if it is the same as or very similar to that of an existing User.

II.2.5.- Maintaining account security

The User must keep their Username and password secret. The User is at all times directly responsible for any activity related to their account, including payment or delivery obligations. OVOHORSE assumes that only the User can log in with their Username and password. To keep the account secure, it is recommended that the User regularly updates their password.

Each account is the responsibility of its respective User. Each User uses the Platform at their own risk. The same applies to their use of technical means such as a computer, phone, or internet connection.

II.2.6.- Account cancellation

An account can be deleted at any time. However, OVOHORSE has the right to refuse the deletion of an account, for example, if the User still needs to fulfill certain obligations (such as payment obligations) towards OVOHORSE.

Canceling an account does not automatically mean that all personal data will be deleted. OVOHORSE’s data protection and privacy policy contains more details on which data will be deleted and which cannot be deleted.

II.2.7.- Account registration rejection

OVOHORSE has the absolute discretion to reject any account registration for bidding or on the Platform.

II.2.8.- Transferring an account

The User cannot transfer their account or Username to third parties without OVOHORSE’s prior express consent.

II.3.- Auctions and Winners

II.3.1.- OVOHORSE conducts online auctions of its services, as well as, in general, all elements related to them (hereinafter, the “Service” or, in plural, the “Services”). Bidders can bid on these Services, and the highest bidder buys the Service at the end of the auction.

II.3.2.-  Some OVOHORSE Services may have additional terms and conditions. If so, these will be mentioned in the Service section during navigation or in the SPECIAL TERMS OF USE section of these Terms.

II.3.3.- The Services are sold “as is.”

Each Service has been described by OVOHORSE in the corresponding Service section. The description of a Service and/or the images may not clearly show its condition. Colors and shades may look different on screen than in a physical inspection.

II.3.4.- Each bid on the platform is binding. This means that the User cannot modify, withdraw, or undo their bid.

OVOHORSE will not be responsible for any error the User makes when bidding, so when bidding, they should always check that they have indicated the correct amount, especially when making a last-minute bid.

II.3.5.- The auctions end when the time runs out.

Auctions are conducted for a specified period for each of them and end when the time runs out. The User can see how much time is left to bid in the corresponding Service section.

II.3.6.- Some auctions may be extended.

If expressly stated in the description of an auction, if the User makes a bid in the last minute of an auction, the bidding time may be extended as indicated in such description. This gives other bidders a fair opportunity to make a counter-bid. The timer will increase by a set time with each additional bid made during this extra time.

II.3.7.- If the User is the highest bidder at the end of the auction, they agree to pay for the Service.

In the event that equal bids are received, the winning bid will be considered the one that can be demonstrated to have been made first in time; otherwise, OVOHORSE is guaranteed exclusive authority to resolve and determine regarding these bids.

II.3.8.- As a buyer, the User is responsible for checking if there are any specific rules or restrictions for importing a Service into their country. They should also check if they need to pay any costs related to such rules or restrictions. OVOHORSE will not be responsible for these costs if the User did not expressly agree to them in advance and in writing with OVOHORSE.

II.3.9.- Reserve prices (minimum prices)

OVOHORSE may set a reserve price for its Services. The reserve price is the minimum bid amount that OVOHORSE will accept to sell its Services. If the reserve price is not reached at the end of an auction, the Service will not be sold, and no sales contract will be concluded.

If the reserve price is not met, OVOHORSE may offer the Service in a new auction or, at its sole discretion, may contact the User who offered the highest amount to discuss the possibility of concluding a sale at the offered price.

II.4.- Platform Security and OVOHORSE Rights

II.4.1.- OVOHORSE may take certain measures if it detects irregular or suspicious situations that compromise the reliability or integrity of the Platform, if it reasonably considers that there has been a system abuse, fraudulent activity, or there is another reasonable reason, or when a manifest error becomes apparent in the event of a User dispute and/or if it is trying to resolve a claim, or if a User violates the Terms. If this happens, the User must follow all reasonable instructions and solutions provided by OVOHORSE.

II.4.2.- OVOHORSE may temporarily suspend any User’s ability to bid. Whenever possible, OVOHORSE will inform the User of the reason.

II.4.3.- OVOHORSE may disable or deactivate an account at any time during the purchase process or may limit a User’s ability to access or update their account settings.

II.4.4.- OVOHORSE may reject any bid. It can also invalidate bids. For example, if a User makes a mistake when placing their bid, if it is fraudulent, or if there is a technical problem.

II.4.5.- OVOHORSE may delete a bid or cancel an auction.

II.4.6.- OVOHORSE may cancel a sale or reoffer a Service. If this happens due to an error or dispute related to bids, it will notify the highest bidder as soon as reasonably possible.

II.4.7.- OVOHORSE may restart or extend auctions beyond their original end time, either for the entire auction or for a specific auction item. For example, if there is a disruption or technical issue.

II.4.8.- OVOHORSE may decide the outcome of an auction or sale. OVOHORSE uses its bid record to determine the successful bidder or buyer. If there is a discrepancy between the bid record and any online record or message, the bid record will prevail.

II.4.9.- OVOHORSE may cancel a sale. This can happen if, for example, the following situations occur:

  • The wrong bidder or buyer wins the Service due to a technical problem, disruption, or irregularity.
  • An unforeseen situation means that the sales contract cannot be fulfilled (considered as force majeure).

II.4.10.- The User irrevocably agrees that OVOHORSE has all these rights (as a third party) under the sales contract and that this right may be exercised against them. The User also expressly grants OVOHORSE an irrevocable power of attorney to invoke this right.

II.4.11.- In any case, the affected Users will be duly informed about the modifications to the auctions that affect them.

II.4.12.- If a User breaches the Terms, specifically if they have not fulfilled their obligations under a sales contract, payments or refunds may be suspended, withheld, or reversed.

II.4.13.- OVOHORSE reserves the right to employ other protective measures to keep the Platform a safe and fair place, free from infringing, fraudulent, or otherwise inappropriate behavior, or to comply with applicable laws.

II.4.14.- If an error related to bids arises during or after the auction, the decision to exercise any of OVOHORSE’s available rights is final.

II.5.- Payment for Services and Billing

II.5.1.- Payments must be made by registered Users. Payments from third parties will not be accepted for any reason.

II.5.2.- At the time of first linking, a symbolic amount of €10 (ten Euros) will be charged to the User’s indicated payment method in favor of OVOHORSE solely for the purpose of verifying the viability of the User’s payment system.

II.5.3.- Immediately after an auction ends, the winning User must make the payment using a valid credit card for the amount of the winning bid, plus any inherent Service fees if applicable, and any applicable taxes according to current regulations.

II.5.4.- Unless expressly indicated otherwise, the official currency for bids and their value is in Euros (€).

However, OVOHORSE, at its discretion, in addition to values in Euros (€), may also provide other values in other currencies for purely informational purposes. These values are merely indicative and not binding, as their sole function is to assist Users who may not be accustomed to operating in Euros (€).

Furthermore, the User must understand that the value of some international currencies relative to other currencies may fluctuate, and there may be special conditions imposed by their own payment entity. Therefore, it is the direct and personal responsibility of the User to check and ensure the actual amount assumed in case of bidding with payment accounts in currencies other than the Euro (€).

II.5.5.- If the User does not pay for the Service for which they have been the highest bidder within a maximum period of forty-eight (48) hours, OVOHORSE may suspend their ability to bid until they have paid.

Moreover, if the winning User does not pay on time, this may lead to OVOHORSE canceling the sale or, at its sole and absolute discretion, contacting the next highest bidder to offer them the Service.

If the second highest bidder withdraws from the award of the Service within twenty-four (24) hours, OVOHORSE may offer it to other bidders who have surpassed the reserve price, giving them forty-eight (48) hours to respond. In this case, the first of these Users to accept the Service will be the new winner.

II.5.6.- OVOHORSE reserves the right to require a money deposit before or during the offering of certain lots. Potential bidders will be informed of the details of the required guarantee deposits before the auction. Deposits from winning bidders will not be refunded until full payment has been made. Once the payment is received, the deposit will be refunded in full.

II.5.7.- The final sale price will be subject to VAT and any other applicable taxes or fees according to current regulations. It is the buyer’s responsibility to provide any documentation proving exemption from indirect taxes to the buyers. The documentation must be submitted before the auction ends. OVOHORSE is not obligated to refund indirect taxes due to delays in documentation proving that the User is exempt from paying indirect taxes.

II.5.8.- Billing

Once the payment obligations detailed in the previous points are met, OVOHORSE will formalize the sale by issuing the final invoice. The invoice can be requested to be sent in electronic format with prior written consent from the User or in paper format.

The invoice holder will be the winning User, whether an individual or legal entity who completed the registration form.

II.5.9.- Payment Data

The User can manage their bank cards from the auction application itself.

To participate in the auctions, the User must provide and enter the data of at least one valid credit card.

If the User has bids in any of the active auctions, they will not be able to modify their bank cards.

II.6.- Sales Contract

II.6.1.- The highest bidder at the end of an auction automatically enters into a sales contract with OVOHORSE. This contract applies to all purchases on the Platform, including post-auction purchases. A template is available for each applicable contract type.

II.6.2.- Rights and Obligations

The sales contract determines the rights and obligations of both the buyer and OVOHORSE. For the buyer, the most important obligation is to pay the purchase price and all related expenses, such as shipping if applicable. For OVOHORSE, the most important obligation is to deliver the Service to the buyer under the conditions indicated in each auction.

II.6.3.- Modification of the Sales Contract

At any time, the buyer and OVOHORSE can modify any condition they deem appropriate, provided there is prior and express agreement from both parties.

II.6.4.- Non-fulfillment of Obligations

If a buyer does not fulfill their obligations under the sales contract, OVOHORSE may send a notice of non-compliance that includes a reasonable deadline to fulfill the obligations. If, after this deadline, the obligations remain unfulfilled and/or can no longer be fulfilled by the non-complying party, OVOHORSE may cancel the purchase.

II.6.5.- Cancellation

Given the nature of OVOHORSE’s Services, it is possible to cancel a purchase only if there is express agreement with OVOHORSE.

II.6.6.- Right of Withdrawal

Given the nature of OVOHORSE’s Services, withdrawal is possible only if there is express agreement with OVOHORSE.

II.7.- The Platform

II.7.1.- Availability

OVOHORSE may make changes to its Platform at any time. For example, OVOHORSE can:

  • Correct any error or omission in any part of the Platform.
  • Test new features or make changes to existing ones.
  • Make any changes to the functionality or content of the Platform.

II.7.2.- OVOHORSE may also pause or stop the operation of parts or all of the Platform. For example, if maintenance is needed. OVOHORSE cannot guarantee that the Platform or any of its features will be available at any specific time or location or to any particular User.

II.7.3.- Security

OVOHORSE has a dedicated security team that monitors the Platform for threats and works proactively to keep it safe. However, OVOHORSE cannot guarantee that the Platform will not experience any security breaches, such as attempts of illegal access or viruses.

II.7.4.- Functionality

OVOHORSE does its best to listen to the suggestions of all Users and constantly improve. However, it cannot guarantee that the Platform will be error-free or meet all Users’ expectations.

II.8.-  Liability

II.8.1.-  Disclaimer of Liability

OVOHORSE will not be held responsible for problems outside its control or actions taken to keep the Platform secure and reliable. This includes, but is not limited to, any damage caused by the following:

  • Actions that go against the Terms and illegal use of the Platform.
  • False or inaccurate account information, failure to share any requested information or data.
  • Errors in Service descriptions caused by translation (automatic).
  • Any User material that OVOHORSE may delete or change.
  • Any reasonable measures OVOHORSE takes to resolve claims or keep the Platform safe and fair, including any solutions provided to resolve a claim.
  • Errors in any published texts. For example, in the help section or in the Terms.
  • User material or communications that are illegal or infringe third-party rights.
  • The User’s use of services from external service providers.
  • Unavailability, technical problems, or other issues that limit access to the Platform.

II.8.2.- Limitation of Liability

If, despite the above, OVOHORSE is responsible for any (illegal) act or omission, it can only be held liable for direct damages.

Direct damages include only actual (economic) losses and reasonable expenses incurred to prevent or limit damages or to investigate the cause of the damages. OVOHORSE can never be held liable for indirect damages, such as loss of income, loss of profits, reduction in revenue, or loss due to downtime.

This limitation of liability also applies to OVOHORSE’s management, directors, experts, and other employees, representatives, and legal successors.

II.8.3.- Users cannot claim any compensation from OVOHORSE, nor allege any breach by OVOHORSE, resulting from the User’s own failure to make payments within the deadlines and under the conditions established.

II.8.4.- Links

In the event that links or hyperlinks to other Internet sites are provided on the domain, OVOHORSE will not exercise any control over those sites and content. In no case will OVOHORSE assume any responsibility for the content of any link belonging to an external website or application, nor will it guarantee the technical availability, quality, reliability, accuracy, scope, truthfulness, validity, and constitutionality of any material or information contained in any of these hyperlinks or other Internet sites. Likewise, the inclusion of these external connections does not imply any type of association, merger, or participation with the connected entities.

II.8.5.- Indemnity

If a User violates these Terms, breaches a sales contract, takes improper actions while using the Services or the Platform, violates any law, regulation, or third-party rights, or commits an illegal or fraudulent act, they agree, to the maximum extent permitted by applicable laws, to fully indemnify OVOHORSE, its management, directors, experts, other employees, representatives, legal successors, and any affiliated companies of OVOHORSE against claims from other Users and third parties and all damages and expenses that OVOHORSE suffers or incurs as a result of such act or omission.

II.8.6.- Penalty for Breaching the Terms

OVOHORSE may impose a fine, payable immediately, of 15% of the purchase price of a Service or €1000, whichever is greater, for each individual breach of the Terms. For breaches without a purchase price, this fine will be €1000.

The amount of the fine will increase by 10% for each missed payment deadline and for each subsequent breach.

II.9.- Intellectual Property

II.9.1.- All trademarks, logos, names, domains, texts, graphic elements (design, source code, photographs, buttons, color combinations, and in general any element that constitutes an intellectual creation) as well as their presentation, structure, arrangement, configuration, and assembly found on the Platform belong to OVOHORSE. They cannot be copied or used commercially without the express consent of the owner.

II.9.2.- In no case shall it be assumed that any license is granted or any waiver, transfer, total or partial assignment of such rights is made, nor is any right or expectation of right conferred, especially for the alteration, exploitation, reproduction, distribution, or public communication of such content without the prior express authorization of OVOHORSE.

II.10.- Miscellaneous

II.10.1.- Transfer of Rights to a Third Party

II.10.2.- Notifications

OVOHORSE will transmit notifications by email, SMS, fax, phone, or regular mail to those provided during the registration process. OVOHORSE is not responsible for errors in the contact information provided during registration.

II.10.3.- Languages

The text of the Terms was originally drafted in Spanish from Spain (Castilian) and is available in several languages. If there is a conflict between the Spanish version of any content and the version in another language, the Spanish version prevails.

II.11.- Applicable Law and Jurisdiction

II.11.1.- To resolve any aspect related to these Terms that the parties cannot resolve amicably, or through arbitration which they may agree to at any time, the parties submit to the jurisdiction of the Courts of Marbella (Spain), expressly waiving any other jurisdiction that may apply to them.

II.11.2.- The laws of Spain apply to these Terms.

II.12.- Modification of the Terms

II.12.1.- OVOHORSE may modify parts or all of the Terms, policies, guidelines, and help section at any time by posting the modified information on the Platform. If a modification of the Terms significantly affects the rights or obligations of a User, they will be sent an email or notified of the changes when using the Platform or the affected Services.

II.12.2.- Acceptance of the Modified Terms

If the User continues to use the Platform after the Terms have been modified or supplemented, they irrevocably accept the modified or supplemented Terms.

II.12.3.- Rejection of the Modified Terms

If the User does not want to accept the modified or supplemented Terms, they cannot continue using the Platform, and OVOHORSE will have to delete their account.

II.12.4.- Severability

If any part of the Terms is declared null and void by any competent authority for any reason, the User will still be bound by the rest of the Terms. It is OVOHORSE’s objective to replace the null parts of the Terms with the correct information as soon as possible. The updated parts of the Terms will have the same legal consequences as the null parts they replace.

III. SPECIAL TERMS OF USE

In addition to the GENERAL TERMS OF USE which apply at all times to all auctions, these SPECIAL TERMS OF USE will apply whenever an auction falls into any of the following established categories.

III.1.- Embryo

Vitrified embryo.

Unless otherwise stated or an explicit grace/courtesy period is established, the User must bear the cost of maintaining the embryo from the moment of acquisition until the moment of withdrawal by the User.

OVOHORSE assumes no responsibility for:

  • The use of the embryo by the User.
  • The results of the devitrification of the embryo if it is performed outside OVOHORSE facilities or by personnel not associated with OVOHORSE.
  • The results of the embryo transfer if performed by an external veterinarian outside OVOHORSE facilities.
  • The transport of the embryo if done by means other than those expressly offered by OVOHORSE for this purpose.

III.2.- Foal in Utero

Embryo transferred to a recipient mare, confirmed gestation.

At 45 days of gestation. In case of resorption in the days prior to this date, OVOHORSE commits to implanting another identical embryo.

OVOHORSE assumes no responsibility for:

  • Abortion by the mare in the following months of gestation.
  • Death of the mare due to external causes.
  • Anomalies during birth.
  • Birth of a stillborn foal.
  • The sex of the born foal.

The User commits to returning the recipient mare to OVOHORSE after weaning the foal or after the interruption of the gestation process. If the User wishes to keep the recipient mare, the parties may agree on an amount to be paid by the User to OVOHORSE or any other condition they deem appropriate as compensation.

The User commits to providing the necessary maintenance care for the recipient mare. If the User fails to provide such care for the recipient mare, the User must compensate OVOHORSE for the damages caused, or even, if the mare dies due to lack of care and/or maintenance, compensate OVOHORSE the full amount.

III.3.- Born Foal

Depending on the age of the foal, as well as its condition, special conditions may apply.

Unless otherwise stated, the recipient mare accompanies the foal only until weaning.

Unless otherwise stated or an explicit grace/courtesy period is established, the User must bear the cost of boarding the foal from the moment of acquisition until the moment of withdrawal by the User.

If the User has the recipient mare from the moment of implantation, the User commits to providing the necessary maintenance care for the recipient mare. If the User fails to provide such care for the recipient mare, the User must compensate OVOHORSE for the damages caused, or even, if the mare dies due to lack of care and/or maintenance, compensate OVOHORSE the full amount.

III.4.- Clones

Clones created from cells available to OVOHORSE and until the birth of a live foal. With birth guarantees as offered and defined by OVOHORSE at any given time.