Terms & Conditions
This User Agreement, the sellhorse.co.uk User Privacy Notice, the Mobile Device Terms and all policies posted on our sites set out the terms on which sellhorse.co.uk offers you access to and use of our sites, services, applications and tools (collectively ‘Services’). You can find an overview of our policies here. All policies and the Mobile Device Terms are incorporated into this User Agreement. You agree to comply with all of the above when accessing or using our Services. For information regarding the processing of personal data, please see our User Privacy Notice.
You are entering into a contract with Sellhorse.co.uk LTD. The Mill House, Abergwynant Farm, Penmaenpool, Gwynedd, LL401YF United Kingdom,
- About Sellhorse.co.uk
Sellhorse.co.uk is a marketplace that allows users to offer, sell and buy anything Equine related, in a variety of pricing formats and locations.
Sellhorse.co.uk does not have possession of anything listed or sold through Sellhorse.co.uk, and is not involved in the actual transaction between buyers and sellers. The contract for the sale is directly between buyer and seller. Sellhorse.co.uk is not a traditional auctioneer. Sellhorse.co.uk acts as an intermediary introducing vendors to purchasers.
While we may provide pricing, postage, listing and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. Sellhorse.co.uk does not review users’ listings or content. While we may help facilitate the resolution of disputes through various programmes, Sellhorse.co.uk has no control over, and does not guarantee the existence, quality, safety or legality of, items advertised; the truth or accuracy of users’ content, listings or feedback; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
In connection with using or accessing the Services you will not:
post, list or upload content or items in inappropriate categories or areas on our sites;
breach or circumvent any laws, third-party rights or our systems or policies;
sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties;
use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our Services;
fail to pay for items purchased by you, unless you have a valid reason as set out in a Sellhorse.co.uk policy, the seller has materially changed the item’s description after you bid, a clear typographical error is made, or you cannot contact the seller
manipulate the price of any item or interfere with any other user’s listings;
post false, inaccurate, misleading, defamatory, or libellous content;
take any action that may undermine the Feedback or ratings systems (please see our rules about Feedback);
transfer your Sellhorse.co.uk account (including Feedback) and user ID to another party without our consent;
distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
use the contact information of other users for any purpose other than in relation to a specific Sellhorse.co.uk transaction on the Sellhorse.co.uk site (which includes using this information to send marketing materials directly to Sellhorse.co.uk users unless the user has given explicit consent to receiving these materials);
distribute viruses or any other technologies that may harm Sellhorse.co.uk, or the interests or property of sellhorse.co.uk users;
use any robot, spider, scraper or other automated means to access our Services for any purpose;
bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
export or re-export any Sellhorse.co.uk application or tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
infringe the copyright, trademark, patent, moral, database or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to Sellhirse.co.uk Some, but not all, actions that may be infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to Sellhorse.co.uk .
infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belongs to you;
harvest or otherwise collect information about users, such as email addresses, without their consent.
If you are registering with Sellhorse.co.uk as a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business on Sellhorse.co.uk, you must comply with all applicable laws relating to online trading for the site you are selling on . You agree that we will commence supplying our Services to you as soon as you accept this User Agreement. You can cancel this User Agreement under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. We may recoup the cost of any Services provided up to the point of cancellation.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services.
Additionally, we reserve the right to vary or terminate all or part of our Services and/or not provide all or part of our Services to anyone for any reason and/or period of time, at our discretion.
- Abusing Sellhorse.co.uk
Without limiting other remedies, we may limit, suspend, or terminate your user account(s) and access to our Services, restrict or prohibit access to, and your activities on, our Services, cancel bids, remove or demote or otherwise restrict the visibility of listings, delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you from using our Services if:
We think that you are creating problems or possible legal liabilities for us, our users, suppliers or other third parties;
we think that such restrictions will improve the security of the Sellhorse.co.uk community or reduce our or another Equine Auction user’s exposure to financial liabilities;
we think that you are infringing the rights of third parties;
we think that you are acting inconsistently with the letter or spirit of this User Agreement or our policies or abuse our employees or users;
despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or
you fail to make, or it is evident that you are unable to make, full payment of any fees due for our Services by your payment due date.
When a buyer or seller issue arises we may consider the user’s performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement, and to do the right thing for both buyers and sellers.
- Listing Conditions
When listing an item, you agree to comply with the rules for listing and selling practices policy and that:
you are responsible for the accuracy, content and legality of the item listed and agree to list in accordance with the prohibited and restricted items policy;
your listing may not be immediately searchable by keyword or category for up to 24 hours. Sellhorse.co.uk does not guarantee exact listing durations;
content that violates any of Sellhorse.co.uk policies may be modified, obfuscated or deleted at Sellhorse.co.uk discretion;
in accordance with the listing with the Sellhorse.co.uk catalogue policy
Accordingly, to drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer.
All Horses listed must be registered with the relevant passport issuing society. This passport must be handed to the purchaser on exchange and then transferred as per relevant society terms.
The maximum age of any horse sold on sellhorse.co.uk must not exceed 17 years. Weaned Foals must be atleast 4 months old on date of sale. Exceptions will be made for mares with foal at foot. In this instance foals must no be younger than 3 weeks. In the event of younger foals being advertised or sold it must be stated that the foal is available at weaning.
If a horse is sold outside of auction whilst listed with sellhorse.co.uk and a subsequent sale is reached with a buyer introduced by sellhorse.co.uk, you will be liable to pay our fee and will be invoices accordingly.
The Welfare, inclusive of livery costs & vets fees, of the horse remains the vendors responsibility until the horse has been loaded into the buyers means of transport.
It is the responsibility of an overseas vendor to arrange with the purchaser that the lot be housed by arrangement until export. All costs of collection are the responsibility of the purchaser.
In the event of the vendor / stud being VAT registered, please state this with your listing. VAT will be applied to your lot and advertised accordingly. Commission will be payable on the net figure achieved.
- Purchase Conditions
When buying an item, you agree to comply with the rules for buyers and that:
you are responsible for reading the full item listing before making a bid or commitment to buy;
you enter into a legally binding contract to purchase an item when you commit to buy an item.
HORSES £500 OR UNDER WILL BE SOLD AS SEEN WITHOUT WARRANTY.
A £20 minimum upset price will operate on all entries in the sale.
All horses offered for sale by the Auctioneers are subject to the following:
(a) Soundness – All lots are sold as Veterinary correct for the description in the catalogue. Lots must be free from contagious disease and of any substance capable of affecting performance or soundness. No guarantees are given or implied as to physical defects e.g., splints, curbs, side bones etc, unless they cause the horse to be lame at the time of examination, or patent conditions that are unsightly e.g. scars, blemishes providing they do not affect the health or usefulness of the horse.
(b)Descriptions – All lots will be sold with the following Warranties only, any further catalogue descriptions is opinion of the Vendor only and for general information only.
1 Unbroken – must be quiet to lead and to halter
2 Partly Broken – must be capable of being ridden by a capable rider in an enclosed school
3 Green – must be capable of being ridden by a competent rider at slow paces in open country
4 Quiet to Ride – must be quiet and easy to mount and ride away, quiet and easily managed at all paces on
grass, quiet and mannerly with all traffic on the road
5 Hunter – as Para 4 but quiet with hounds – capable of jumping a Novice Country
6 Jumper – must be able to jump a course commensurate with described capability when ridden by an expert
7 Potential – where described as “having potential” for a specific purpose, the horse must have the physical
capabilities to undertake this discipline and must be examined as such by the Veterinary Surgeon
8 Driving Horses – comparative guarantees as for Riding Horses under Para 2,3 and 4
9 Ponies under 15hh – guaranteed as for Horses but must be easily manageable by a child of average
competence and age appropriate to the size of the pony
10 All lots shall be guaranteed free from Vice, Quiet in Stable, with the Blacksmith and to load in a purpose
constructed lorry or trailer and quiet with the Veterinary Surgeons so as to permit full and thorough Veterinary examinations. The Auctioneers will not accept qualified variance of the descriptions or warranties above mentioned
11 Vendors are warned that the following and all cognate faults must be disclosed upon their application to the Auctioneers to sell namely crib-biting, wind-sucking, weaving, box walking, sarcoids and sarcoid like lesions and whether the horse has been tubed, fired, unnerved or operated upon for unsoundness of any other kind.
Heights – When height details are provided, in the case of Youngstock , 2 years and under, height should read ‘Expected to achieve’. In stock over 3 years of age and over, the height will be included if supported by certification from the joint measurement board. If height cannot be certified they will be published as an approximate height.
It is the responsibility of an overseas purchaser to ensure the lot is housed by arrangement with the vendor or third party until export. All costs of collection are the responsibility of the purchaser.
In cases where you business sales are applicable with vat please state when sending listing details so that this can be added to your sale price.
We try to offer reliable data, but cannot promise that the content provided through the Services will always be available, accurate, complete and up-to-date Sellhorse.co.uk is not responsible for examining or warranting the listings or content provided by third parties through the Services, and that you will not hold or attempt to hold us or our product data providers liable for inaccuracies. If you choose to use catalogue content and/or product data in connection with your listings, you agree to ensure that the content directly associated with your listings is and remains accurate, and that you continue to fully comply with this User Agreement and all Sellhorse.co.uk policies. The catalogue and product data include copyrighted, trademarked and other proprietary materials. You agree not to remove any copyright, proprietary or identification markings in the catalogue or product data or create any derivative works based on that data (other than by including the data in your listings).
The name “Sellhorse.co.uk”and other marks, logos, designs and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of Sellhorse.co.uk in the UK and other countries. They may not be used unless expressly authorised by Sellhorse.co.uk in writing.
- Data protection and Privacy
You and Sellhorse.co.uk shall process personal data received under and/or in connection with this User Agreement each as a separate and independent controller. In no event will Sellhorse.co.uk and you process personal data under and/or in connection with this User Agreement as joint controllers or in a controller-to-processor relationship. As such separate and independent controllers, you shall be individually and separately responsible for complying with the obligations that apply to you as a controller under applicable data protection laws.
You shall comply with your obligations under applicable data protection laws (including but not limited to Regulation (EU) 2016/679 (EU General Data Protection Regulation “GDPR”) and supplementing EU and local data protection laws. This includes, but is not limited to, the obligation to provide appropriate safeguards for the transfer of personal data to a third country or an international organisation.
You shall process personal data received from Sellhorse.co.uk exclusively for the purpose(s) you received the personal data under and/or in connection with this User Agreement. You shall erase the personal data received under this User Agreement immediately after the respective purpose(s) has/have been fulfilled. Any further processing of the personal data is not permitted except when legally required (e.g. if a retention obligation applies).
Failure to abide by the aforementioned obligations may result in disciplinary action up to and including account suspension.
We try to keep Sellhorse.co.uk and its Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in Sellhorse.co.uk may not occur in real time. Such functionality is subject to delays beyond Sellhorse.co.uk’s control.
We (including our parent, subsidiaries, affiliates, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly from:
your use of or your inability to use our Services;
pricing, postage or other guidance provided by Sellhorse.co.uk
delays or disruptions in our Services;
viruses or other malicious software obtained by accessing, or linking to, our Services;
glitches, bugs, errors, or inaccuracies of any kind in our Services;
damage to your hardware device from the use of any Equine Services
the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
a suspension or other action taken with respect to your account or breach of the Abusing Sellhorse.co.uk section;
the duration or manner in which your listings appear in search results as set out in the Listing conditions section; or
your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. This is especially so if you are a consumer.
You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on any of our sites.
Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the internet is difficult. Sellhorse.co.uk cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users’ purported identities or the validity of the information which they provide to us or post on our sites.
Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees, or for any other liability that cannot be limited or excluded by law.
You will compensate us in full (and our officers, directors, agents, subsidiaries, joint ventures and employees) for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of this User Agreement, your improper use of Sellhorse.co.uk Services or your breach of any law or the rights of a third party.
- Legal Disputes
If a dispute arises between you and Sellhorse.co.uk we strongly encourage you to first contact us directly to seek a resolution by contacting Customer Support. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Any claim, dispute or matter arising under or in connection with this User Agreement shall be governed and construed in all respects by the laws of England and Wales. You and Sellhorse.co.uk both agree to submit to the non-exclusive jurisdiction of the English courts.
In simple terms, “non-exclusive jurisdiction of the English courts” means that if you were able to bring a claim arising from or in connection with this User Agreement against us in court, an acceptable court would be a court located in England, but you may also elect to bring a claim in the court of another country instead. English law will apply in all cases.
If any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
We may assign our rights and obligations under this User Agreement in accordance with the below (but without your prior express consent), provided that we assign the User Agreement on the same terms or terms that are no less advantageous to you.
Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
We may amend this User Agreement at any time by email.
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or by posting the amended terms on www.sellhorse.co.uk
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. All amended terms shall automatically be effective 30 days after they are initially posted. Your continued use of our Services after the effective date of these amended terms constitutes your acceptance of them.
This User Agreement may not be otherwise amended except through mutual agreement by you and a Sellhorse.co.uk representative authorised to do so.
The policies posted on our sites may be changed from time to time. Changes take effect when we post them on sellhorse.co.uk
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement. A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act.
The User Agreement and all policies posted on our site are the entire agreement between you and The Equine Auction and supersede all prior understandings and agreements of the parties.
By submitting a bid or listing an item for sale you hereby agree to all terms and conditions laid out above.