Terms and Conditions 5 Star Equine Sales Ltd. Online Equine Auction

5 Star Equine Sales Ltd. is registered in Northern Ireland and operates online equine auctions governed by the laws of the Netherlands. 5 Star Equine Sales Ltd. ("5SES") facilitates the auction and sale of horses on behalf of third-party owners ("Sellers"). All inquiries about specific horses must be directed to the respective Seller.

This auction platform is expressly intended for equine professionals and commercial buyers. Participation is limited to persons and entities acquiring horses or foals for purposes connected with sport, competition, breeding, training, resale, or other economic activity.

These Terms and Conditions are governed by and construed in accordance with the laws of the Netherlands. Any disputes arising from or relating to these Terms and Conditions shall be resolved by binding arbitration under the rules of the Netherlands Arbitration Institute (NAI), seated in The Hague and conducted in English. The arbitrator's decision shall be final and binding.

5SES complies with all applicable laws and regulations of the Netherlands and the European Union, including consumer protection and commercial transaction laws.

All transactions are conducted in Euros (EUR). Where applicable, Northern Ireland (UK) VAT or Irish VAT will be added to fees, commissions, and buyer's premiums. Buyers are responsible for all taxes, import duties, or fees required by their country.

Please read these Terms and Conditions carefully, as they will govern your use of 5 Star Equine Sales Ltd.'s bidding website and auction services. Those who consign and bid are bound by these Terms and Conditions and the Consignment Contract, as amended by any posted notices, which together form the contract of sale between the successful bidder (“Buyer”), 5 Star Equine Sales Ltd. (5SES), and the consignor (“Seller”). When consigning or bidding on any horse offered by 5SES, the Buyer and Seller indicate acceptance of the following Terms and Conditions. Any participation in the auction binds you to agreement of these Terms and Conditions, whether or not you read or understand said Terms and Conditions. If you do not wish to be bound by these Terms and Conditions, you may not use the 5SES bidding website or auction services. All horses sold are subject to the following Terms and Conditions which shall control the mutual, reciprocal duties among 5SES, the Seller, and the Buyer.

1. PURPOSE: The purpose of these Terms and Conditions is to: a) establish sale procedures; b) facilitate informed bidding; c) provide for orderly settlement of finances in completion of purchases; d) allocate rights, responsibilities and risks; and e) provide for orderly dispute resolution.
2. AGREEMENT: a) I represent and agree that I am of legal age to form a binding contract. b) I (hereinafter, referred to as Buyer) agree to these terms and conditions, and swear that all the information furnished is true and correct. c) Buyer agrees to be responsible for any purchase made or actions taken by an Agent authorized by me to act on my behalf. d) Buyer agrees that this registration to bid is not assignable without the express written approval of 5SES. e) Buyer agrees to make any sale transaction for this entry through 5SES. f) Buyer agrees that if they have the winning, final bid, or accepted bid in auction subject to Seller Confirmation, the Buyer has entered into a binding agreement to purchase the horse.
3. BUYER'S PARTICIPATION: Private recreational purchases are not permitted. By registering to participate in the auction, the Buyer confirms that the acquisition is not for purely private, non-commercial use and acknowledges that they are acting as a professional within the meaning of Directive 2011/83/EU of the Dutch Civil Code. As such, statutory consumer rights, including the 14-day right of withdrawal applicable to distance contracts, do not apply to transactions conducted on this platform. The Auctioneer and Seller are entitled to rely fully on the Buyer’s declaration of professional status. Any misrepresentation by the Buyer regarding their status shall entitle the Auctioneer and/or Seller to:-cancel the sale,
   -recover all costs and damages arising from such misrepresentation, and
   -permanently exclude the Buyer from future auctions.
4. BUYER’S RESPONSIBILITY: By placing a bid in this auction Buyer is indicating they have examined or researched a horse to their satisfaction. Prior to Bidding, Buyers may a) ask Seller for additional information, b) make an appointment with Seller to examine the horse at Seller’s property, c) arrange with Seller to have a veterinarian perform a pre-purchase examination, or d) hire an agent or equine professional to inspect and evaluate the horse.
5. REPRESENTATION OF HORSE: Seller is responsible for the correct representation of this entry in the entry form, including the description, disclosure form, horse information, riding and training sections of this submission, as well as in communication with potential or eventual buyers. Some representations on disposition and handling are the opinion of the Seller and given only as an indication of the horse’s capability. Buyer should inspect, examine and research horse to their satisfaction. Seller is responsible for disclosing the following conditions, which must be stated in the online catalog, if this entry is a cribber, weaver, is unsound of eyes or wind, has a parrot mouth, is a cryptorchid or ridgling, has had major surgery or a serious illness, has been nerved, has an altered tail, has received joint injections for lameness or maintenance or has a chronic lameness, regardless of cause, or a lameness due to navicular disorder, ringbone, founder or osteoarthritis, prior to the sale or other bone abnormality or neurological disorder including, but not limited to, EPM or wobbles. Seller is solely responsible for the accuracy of all information that appears in the online sale catalog and previews. Buyer and Seller agree to hold 5SES harmless from any claims arising out of any such inaccuracies or omissions. Seller has a continuing duty to respond to the Buyer after the sale, in the event of a dispute over Seller’s representation of this entry. Failure by Seller to disclose required information entitles Buyer to rescind the sale and obtain a refund of the purchase price, subject to verification of misrepresentation.
6. BROODMARES: For mares selling as bred, a veterinarian must check the mare for pregnancy within thirty (30) days prior to listing for this sale and a statement of this examination must be provided to 5SES. If a mare is known to be carrying twins, it must be disclosed. Any purchaser of a broodmare sold in this sale may have the mare examined by an acceptable veterinarian within five (5) business days from the end of the auction and before the horse leaves the seller’s premises. Any broodmare so examined whose pregnancy status is found not to be as represented in the sale catalog, may be returned to the Seller as unsold, and the seller shall pay veterinarian’s fee for examination. Any Seller offering mares as being bred with a live foal guarantee or return privileges must furnish 5SES, or Buyer, with written acknowledgement of this agreement signed by the stallion owner (or an authorized agent) that such privileges will be honored. If the stallion owner withholds the breeder’s certificate until the foal is born, the Seller must furnish a letter, signed by the stallion owner (or an authorized agent), that such certificate is free of any additional costs and indicate how the mare owner will obtain the certificate.
7. NO IMPLIED WARRANTIES: There is no warranty expressed or implied by the sales company, sponsors, or Seller, as to the performing soundness, merchantability or fitness for any particular purpose of any horse offered in this sale, other than those made specifically by the Seller. Except as stated in Conditions 4 and 5, ALL HORSES ARE SOLD "AS IS" WITH ALL EXISTING CONDITIONS AND DEFECTS. RESPONSIBILITY FOR THE REPRESENTATION OF THE HORSE LIES BETWEEN THE SELLER AND THE BUYER.
8. DRUGS AND MEDICATION - Seller agrees that this entry will not be given any drugs to alter soundness or temperament during this auction, including for presentation in videos, inspection by potential buyer, examination by veterinarian or delivery to buyer. If the entry must receive any medication as a result of an injury or illness, to protect the welfare of the entry or maintenance of any condition, this information must be provided to 5SES and be disclosed in the online catalog. Buyer has the right to have a licensed veterinarian draw a blood sample within five (5) business days of the end of the auction and before the horse leaves the Seller’s facility. If the buyer makes a claim of misrepresentation of soundness or attitude and the entry tests positive for a drug that could mask such a problem, the entry can be rejected by the buyer and returned at the Seller’s expense. Notification of a claim by the Buyer under this Condition must be made to 5 Star Equine Sales Ltd. within seven (7) days of the date of the sale, by a written statement from a qualified equine veterinarian explaining the diagnosis of any unsoundness or explaining the behavior problem. Any net funds for the horse in the possession of 5SES will be held pending the results of the blood screen.
9. RELEASE OF HORSE TO BUYER: Seller shall not release a horse to a Buyer until Buyer has made full payment for the horse and funds have been verified. Once bidding concludes, and 5SES has collected payment from the Buyer, 5SES will send to the Seller and Buyer, a Buyer Confirmation Form (BCF). When Buyer or transporter arrive they will show Seller their copy of the BCF to confirm payment. Buyer or transporter and the Seller will both sign a copy of the BCF and e-mail it to 5SES. Buyer is responsible for cost and arrangements for transportation of horse from Seller to Buyer. Soon after purchase Buyer will contact Seller directly to schedule removal of horse. All transportation must comply with EU animal welfare regulations, including Council Regulation (EC) No 1/2005 on the protection of animals during transport.
10. WITHDRAWAL OF HORSES: 5SES reserves the right, at its reasonable and sole discretion, to withdraw any horse from the auction at any time for legal, reputational, compliance, or operational reasons, including but not limited to a Seller’s failure to verify their identity or title to 5SES’s satisfaction, suspected or actual breach of warranty, or a force majeure event. If a Seller wishes to withdraw a horse from the auction after entry, or if 5SES withdraws a horse due to any default or negligent act of the Seller, then the Seller shall be liable to pay 5SES a withdrawal fee equivalent to five percent (5%) of the last published reserve price or five hundred euros (€500) plus VAT, whichever is greater. In addition, the Seller shall be liable for all veterinary and related costs incurred in preparation for the auction, including any pre-purchase examinations, X-rays, or blood tests, together with applicable VAT.
11. COGGINS REPORT: Seller must provide a copy of a Negative Coggins report drawn within 6 (six) months of the closing date of the sale.
12. HEALTH CERTIFICATES: Buyer will be responsible for obtaining the Health Certificate for transportation. Buyers are advised to ensure compliance with EU veterinary and import/export requirements for cross-border transport.
13. RISK AND RESPONSIBILITY FOR HORSE: Buyer assumes all risk, responsibility and expense for the horse at the end of bidding or, if sold pending confirmation by Seller, upon confirmation of selling price by Seller. Seller agrees to provide basic board and care for up to 2 days at no additional charge to buyer. Beyond 2 days, Seller can choose to charge board plus any other expenses that may be required to maintain the horse until Buyer takes possession or has the horse picked up. 5SES recommends the buyer obtain Full Mortality Insurance on horses immediately after purchase, however, this decision and risk rest solely with the buyer.
14. RESERVE AUCTION: This is a Reserve Auction, unless otherwise announced for a specific horse. The right of the seller to bid on their own horse, through the auctioneer or otherwise, is expressly reserved. The auctioneer, 5SES, reserves the right to bid, whether it is on behalf of a Seller for any minimums or reserves, as well as for their own personal purchase. If a horse is offered with a reserve price and does not meet reserve (i.e., remains unsold), the Seller may incur a no-sale fee as listed on the current fee table, payable to 5SES in addition to any applicable listing or consignment fees. 
15. BIDDING & EXTENDED BIDDING: Bidding will open and close at a specific time and date, which is listed for each auction. A SOFT CLOSE bidding system is used. If bids are received within the last 5 minutes on the countdown timer on a horse, an additional 5 minutes will be added on that lot. Only after a 5 minute period passes with no additional bidding will the bidding close. The auctioneer, 5SES, reserves the right to bid, whether it is on behalf of a Seller for any minimums or reserves, as well as for their own personal purchase.
16. BIDDING ERRORS: Bidders are responsible for carefully reviewing all bids before submission. If you make a mistake in placing a bid (for example, entering an incorrect amount, accidentally bidding against yourself, or entering your bidder number in the bid field), you must notify 5 Star Equine Sales Ltd. immediately in writing by email to info@5starequinesales.com. The notification must include: Your full name and bidder number, the lot number and description, the erroneous bid amount, the time of the error. All requests must be made immediately after the error occurs and before the auction closes. Requests received after the auction begins to close will not be considered. If the error did not affect another bidder (for example, you accidentally increased your own bid but did not outbid someone else), 5 Star Equine Sales Ltd. may, at its sole discretion, remove or correct the bid. If the error caused another bidder to be outbid, the bid will stand and cannot be reversed. Bids placed on the wrong lot will not be reversed. All decisions of 5 Star Equine Sales Ltd. regarding bidding errors are final.
17. PAYMENT BY BUYER Once bidding closes, an invoice will be emailed to the Buyer. Payment in full must be made within three (3) banking days of the close of the auction. All payments must be made through 5 Star Equine Sales Ltd. (“5SES”), who acts solely as agent for the Seller. No part of the purchase price may be paid directly to the Seller, as such payment shall not be valid or entitle the buyer to obtain the horse. Payment may be made by bank wire transfer or credit card. Checks and cash are not accepted. All payments must be in Euros (EUR), and Buyers are responsible for any currency conversion fees. CREDIT CARD TRANSACTION FEE - Buyers of horses in this auction will pay to 5SES an amount of 4% of the total price of any horse purchased if paying by credit card. This fee covers costs for electronic financial transactions. This fee is not charged for wire transfer. The Seller is not responsible for this fee. Payment of the net sale proceeds to the Seller will be made by bank transfer, provided that 5 Star Equine Sales Ltd. ("5SES") has received the full purchase price from the Buyer in cleared funds and completed all necessary anti-money laundering and identity checks as required by law.5SES will typically process the payment within thirty (30) days of the close of the auction, unless otherwise agreed in writing. The horse will not be released to the Buyer until all funds have been received in cleared form and all checks have been completed to the satisfaction of 5SES. It is the Seller’s responsibility to promptly notify 5SES in writing of any changes to their bank account details. 5SES shall not be liable for payments made to an incorrect account if the Seller fails to provide accurate and timely information. If 5SES makes a payment to the Seller in error, the Seller must immediately reimburse the amount upon receipt of an invoice from 5SES. 5SES may also deduct from the sale proceeds any sums or fees owed by the Seller to the Company. If the Buyer does not pay in full within the stated three (3) banking days: 5SES will send a written reminder granting a further term of (5) days to complete payment. If the Buyer still fails to pay, 5SES and/or the Seller shall be entitled to terminate the purchase agreement and resell the horse to a third party, without the Buyer being entitled to any compensation of damages or refund of any kind, including (but not limited to) any claim in respect of surplus proceeds. If the resale results in lower proceeds, the Buyer shall be obliged to compensate the Seller for the difference between the original purchase price and the lower proceeds, plus any related costs. The Buyer shall also owe to 5SES all administrative costs and collection costs incurred in recovering the outstanding amounts, with a minimum of €1,000 (exclusive of VAT). In addition, statutory interest pursuant to Section 6:119 (for commercial transactions) or Section 6:119a (for non-commercial transactions) of the Dutch Civil Code will apply to any late payments, accruing from the due date until full settlement. The Buyer will not be entitled to any set-off unless the Buyer is a consumer and the set-off is permitted under Dutch law.
18. PAYMENT PROCESSING- 5SES acts solely as agent for the Seller in the receipt and disbursement of auction payments. 5SES does not hold funds as a deposit-taking institution, does not provide banking or e-money services, and does not assume liability for Buyer payment defaults beyond its agency role. All payments are collected, processed, and disbursed by 5SES in accordance with these Terms and Conditions and applicable Fee Schedule. 5SES is not responsible for delays, failed transfers, or payment disputes beyond acting as agent.
19. FEE STRUCTURE AND FLEXIBILITY All fees, commissions, buyer’s premiums, listing/consignment fees, and no-sale (or withdrawal) fees are published in a current Fee Schedule, available on the Company website or on request. 5 Star Equine Sales Ltd. reserves the right to amend, discount, or negotiate individual fees (including consignment fees) with specific breeders, consignors, or buyers on a case-by-case basis, at its sole discretion. Changes to general fees will be posted prior to taking effect.
20. DEFAULT ON PURCHASE If a Buyer purchases a horse and fails to make payment as required, 5 Star Equine Sales Ltd. (“5SES”) or the Consignor shall have the right, at their discretion, to: resell the horse, with the defaulting Buyer remaining liable for all resale costs and for any deficiency between the original purchase price and the resale price; and/or initiate legal action to recover the purchase price, in which case the Buyer shall be liable for all reasonable costs of collection, including attorney’s fees and court-approved expenses. In the event of non-payment, the Buyer shall owe statutory interest on the outstanding balance as provided under Dutch law: For non-commercial transactions (consumers): 6% per year (as of 1 January 2025) pursuant to Section 6:119a of the Dutch Civil Code; For commercial transactions (business-to-business): 10.15% per year (as of 1 July 2025) pursuant to Section 6:119 of the Dutch Civil Code. Interest accrues from the due date of payment until full settlement.
21. REGISTRATION PAPERS AND TRANSFER DOCUMENTS Upon confirmation that full payment has been received from the Buyer, the Seller is responsible for promptly sending all Registration Papers and completed, signed transfer reports directly to the Buyer. It is the Seller’s obligation to ensure timely delivery of all paperwork required to complete the transfer of ownership.
22. NO GUARANTEE OF SERVICE: 5SES and its bidding platform providers do not guarantee or covenant that the Auction technology or any related services will meet Buyer’s requirements or be uninterrupted or error-free. The platform does not guarantee real-time performance of any service or that it will execute all online or absentee bids. In the event of a technical malfunction that prevents the auction from being completed correctly, 5SES reserves the right to extend or cancel the auction. Liability for damage resulting from technical malfunctions is limited to cases of intent or gross negligence
23. WITHHOLDING FUNDS: Buyer and Seller agree that 5SES shall not be required to remit to Seller or Buyer, the net proceeds of the sale of any entry which is the subject of a dispute or claim by the buyer, for misrepresentation, fraud or breach of warranty, until such dispute or claim is resolved and the proceeds of the sale have been received by 5SES. The responsibility to resolve such a claim lies between the Seller and the Buyer. Notwithstanding any other provision hereof, should a dispute arise between the Seller and the Buyer, 5SES may temporarily retain funds received from the Buyer in the event of the dispute, misrepresentation claim, or breach of warranty. Funds are held only as agent for the Seller and solely for the purpose of facilitating the transaction until the dispute is resolved. Any and all legal fees and costs incurred by 5SES may be deducted by 5SES from the net proceeds of sale still in their possession. Otherwise, the Seller and Buyer shall be jointly and severally liable for the same upon demand. 
24. DISPUTED CONDITION & BINDING ARBITRATION: In the event of a dispute, a claim to enforce this Agreement, or an allegation of default not resolved by agreement, the parties agree that the matter may be submitted to arbitration under the rules of the Netherlands Arbitration Institute (NAI), with the seat of arbitration in The Hague, the Netherlands. If the parties cannot agree on the appointment of an arbitrator, the arbitrator shall be designated in accordance with the rules of the NAI. In any procedures arising out of, or related to, this Agreement, the defaulting party shall be liable for the reasonable costs, expenses, and attorney’s fees of the substantially prevailing party, in addition to any amounts awarded. If the Buyer is a consumer, they shall have the right, within one (1) month after 5SES has invoked this arbitration clause, to choose instead to submit the dispute to the competent Dutch court of law. No action or arbitration may be brought more than one (1) year after the cause of action has accrued. Should either party fail or refuse to cooperate upon a demand for arbitration, the arbitrator may declare the non-cooperative party to be in default.
25. INDEMNITY: Buyer and Seller release 5SES, Sale Managers, Auctioneers, employees and its representatives, from any and all responsibilities, liabilities, obligations, claims, lawsuits, or legal proceedings arising from the sale of this entry. If legal action is initiated against 5SES involving this entry, the Seller and Buyer agree to fully indemnify 5SES from such suit, including legal fees and costs incurred by 5SES. Seller and Buyer agree that 5SES may publish sale results including information concerning this sale transaction.
26. LIMITS OF LIABILITY: 5SES shall not be liable for lost profits or any incidental, special or consequential damages whatsoever arising out of or in connection with any sale or transaction. In NO event will the total liability of 5SES from all damages, losses, and causes of action resulting from Seller’s or Buyer’s use of the 5SES website or service exceed the largest amount of funds held for their benefit.
27. FORCE MAJEURE: 5SES shall not be liable for any delay, failure to perform, or interruption of services caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, strikes, or technical failures. In the event of a Force Majeure event, the Seller shall use reasonable efforts to continue to provide basic care for the horse until alternative arrangements can be made.
28. INTELLECTUAL PROPERTY: All content on the 5SES website, including catalogs, photographs, videos, and descriptions, is the property of 5SES or its licensors. Users may not reproduce, distribute, or use such content without express written permission from 5SES.
29. MODIFICATIONS TO TERMS: 5SES reserves the right to modify these Terms and Conditions at any time. Changes will be posted on the auction website, and continued use of the services constitutes acceptance of the modified terms. Users will be notified of significant changes via email or website notice.
30. ADDITIONAL TERMS AND CONDITIONS: The Terms and Conditions for the use of the bidding platform, the General Terms and Conditions Of Sale for Buyers as stated on the auction web site and the Consignment Contract for Sellers are hereby incorporated by reference and made part hereof as though fully set forth herein.
31. INTERFERENCE: Buyer and Seller agree not to use any device, software or routine to interfere with or attempt to interfere with the functioning of this online auction.
32. SEVERABILITY - If any provision or portion of a provision of this agreement is held to be invalid or unenforceable for any reason, such provision or portion of a provision shall be struck and the remaining provisions shall be enforced.

CONSIGNOR CONTRACT

Sellers must abide by these conditions of the Consignment Contract, as well as the Terms and Conditions shown above. The Terms and Conditions above incorporate the other conditions of the Consignment Contract not included below.

AGREEMENT: a) I represent and agree that I am of legal age to form a binding contract. b) The Consignor, Agent and Owner (hereinafter referred to as Seller) agrees to these terms and conditions and swear that all the information furnished regarding this entry is true and correct to the best of my knowledge. c) Seller agrees and specifically warrants, to 5 STAR EQUINE SALES LTD. (Hereinafter referred to as 5SES) and also to any subsequent purchasers that Seller does have absolute and complete title to and there are no liens or encumbrances on the entry listed on this contract. d) Seller warrants that any registration certificates, applications, transfers or breeding reports are correct and free from any question or action by the applicable breed registry. e) Seller agrees that this consignment contract is not assignable without the express written approval of 5SES. f) Seller agrees to make any sale transaction for this entry through 5SES.

CONSIGNMENT FEES: Seller agrees to pay 5SES the consignment fees applicable to this entry as set forth in the posted fee schedule, unless different fees have been expressly negotiated in writing between the Seller and 5SES at the time of acceptance of the entry. Such fees may include, but are not limited to, consignment fees and commissions. No-sale fees and withdrawal fees may also apply, as outlined in the Terms and Conditions.

REGISTRATION CERTIFICATES: All registration certificates, transfer reports, stallion service certificates, and/or consignment fees must be received for this entry. Registration applications on foals must be completed and submitted to the applicable breed registry, by the owner of dam at time of foaling, prior to the sale. I agree that 5SES may withhold any monies due me until all certificates are delivered in proper order.

DISCLOSURES - I agree to notify 5SES in writing and prior to the sale, of any unsoundness or defects of any kind, including altered tails, and hereby authorize 5SES to state them in the online catalog. I agree to notify 5SES if this entry is suffering from any contagious or infectious diseases. 5SES must be specifically notified if the entry has any of the following conditions, which must be stated in the online catalog, if this entry is a cribber, weaver, is unsound of eyes or wind, has a parrot mouth, is a cryptorchid or ridgling, has had major surgery or a serious illness, has been nerved, has an altered tail, has received joint injections for lameness or maintenance or has a chronic lameness, regardless of cause, or a lameness due to navicular disorder, ringbone or osteoarthritis, founder prior to the sale or other bone abnormality or neurological disorder including, but not limited to, EPM or wobbles. 

INSPECTION BY BUYERS: Seller agrees to make the horse available to potential buyers for inspection or veterinary examination at a time and place agreed to by the Seller and potential buyer.

RIGHT TO EDIT OR CHANGE: 5SES reserves the right to edit, correct, or add to the Statement that I have furnished regarding this entry, to reject or withdraw any entry, or to change the time or date of this sale should any unforeseen circumstances necessitate such a change.

5SES DOES NOT GUARANTEE PAYMENT BY THE ONLINE BIDDER. Due to the nature of the electronic transaction 5SES cannot guarantee the validity or performance of an Internet bidder. Seller understands that 5SES does not guarantee the validity, enforceability, payment or collection of any instrument received in payment of the purchase price of any entry.

PAYMENT TO SELLER: Payment will be made to Seller, providing all registration and health papers are in order, or the purchaser has not failed to pay for the entry for any reason, or the sale of the horse is not in dispute. Seller agrees that if the sale of any entry is not consummated by reason of default of the buyer or otherwise, 5SES shall not be liable for the payment or collection of the purchase price or for the return of the entry. In the event a purchaser fails to pay for and receive an entry for which they placed the final bid, 5SES shall not be held liable for said sale