- I’m a consumer (I am a natural person acting for purposes which are not related to my professional or commercial activities)
- I’m a merchant/company (I am acting for purposes which are related to my professional or commercial activities).
- Terms and conditions for sale by third parties on the PIPA platform
GENERAL SALES TERMS AND CONDITIONS FOR INTERNET SALES BY PIPA TO CONSUMERS
These general sales terms and conditions apply for:
PIPA TRADING BV (hereafter referred to as “PIPA”), a general partnership under Belgian law, with its registered office in Belgium, 9910 Aalter, Eentveldstraat 18, registered at the Crossroads Bank for Enterprises under 0885.597.924;
And:
the Buyer, as defined under ‘definitions’;
Introduction
PIPA is a company which is renowned world-wide as a platform for the sales of pigeons. PIPA has a website (www.pipa.be), on which online pigeon sales – through a bidding system or auction – are organised.
PIPA often acts as the sales party. These general sales terms and conditions regulate the online sales by PIPA.
An Important note is that these general sales terms and conditions only apply in case you are a consumer (as defined under ‘definitions’).
PIPA would also like to point out that you are required to have an approved account to bid/buy from PIPA. This means that you have to be registered with PIPA as a bidder and approved by PIPA as a bidder.
Definitions
In these general sales terms and conditions, the following terms are defined as stated below when written with a capital letter:
‘Account’ means a registered account.
‘Company address’ refers to the registered office address of PIPA as mentioned above.
‘Budget’ is the maximum amount paired to an approved PIPA Account, which means a particular Account’s total bids can’t exceed this maximum amount per weekend.
‘Consumer’ is a person who is acting for purposes which are outside his trade, business, craft, or profession.
‘Pigeon’ means the pigeon or pigeons on offer until sold by the Buyer (as defined below), published on the Website (defined below).
‘Invoice Amount’ is defined as in Article 6.2. of these general sales terms and conditions.
‘Bidding Price’ is defined as in Article 6.1., first bullet point.
‘Internet Sale’ is defined as every sale by PIPA to a Buyer (as defined below) who made a binding offer via the Website (as defined below).
‘Young Bird’ is any pigeon born in one of the two calendar years of the current Auction Season (defined below). For example, if the auction season runs from 1st August 2019 until 31st July 2020, pigeons born in 2019 and 2020 are defined as Young Birds).
‘Buyer’ is a Consumer which has been registered and approved as a bidder on PIPA prior to or during an auction and thereby has an approved Account.
‘Parties’ refers to PIPA and the Buyer.
‘Auction Season’ runs from 1st August to 31st July of the following calendar year (for example, from 1st August 2019 to 31st July 2020).
‘Terms And Conditions’ refers to these general sales terms and conditions.
‘Website’ refers to www.pipa.be.
Article 1 – Subject
The goal of these Terms And Conditions are:
- to determine the conditions under which a Consumer can be registered and approved as a bidder by PIPA and
- determine the conditions under which PIPA sells a Pigeon to a Buyer.
The Terms and Conditions apply to every Internet Sale.
Article 2 – Registration and approval as a bidder – Budget - Guarantees
2.1. A Consumer can only make an offer, as stated in Article 3.1., when they have an approved Account prior to the start of or during the sale. This means that they are registered as a bidder at PIPA and approved as a bidder by PIPA. Via the approved Account the Buyer can login on the Website and bid during auctions.
2.2. The registration of an account happens via the Website. A Consumer can only register one account.
After registration of an account by the Consumer, PIPA will approve or deny the Account and subsequently, in case of approval, determine the Budget. PIPA reserves the right to deny Accounts without having to justify this decision.
PIPA will contact the Consumer personally, often via telephone, to communicate an Account has been approved and inform them of the Budget.
PIPA strives to make the decision of approval of an Account as well as the Budget within 48 hours after account registration. The Consumer is aware that this can take longer in certain cases (for example, during holiday periods, busy periods, etc.).
2.3. PIPA has the right to change the Budget (both up and down) at any time after Account approval. The Consumer can view his current Budget on his auction profile.
2.4. The Consumer accepts that he can only bid within the limits of the Budget.
2.5 PIPA reserves the right to ask the Consumer - Account holder - for a guarantee, proof of assets or deposit (hereafter “Guarantee”) as a condition to approve the Account, or at a later moment for the Consumer to be able to continue placing bids via the Website (for example, when the Budget is increased or when biddings include large sums of money). Furthermore, PIPA reserves the right to determine the level and type of Guarantee but will base this on the size of the Budget and/or Budget increase.
The Guarantee can include a deposit (not exclusively) to the PIPA company bank account. The Consumer accepts that the Invoice Amount will be settled with the deposit, so that only a credit difference is to be paid by the Buyer to PIPA. The deposit will act as a Guarantee and as a down payment in case a of a sale. When an Account is closed, by PIPA or by the Consumer, the remaining Guarantee will be deposited back to the Consumer in case all Invoice Amounts to PIPA have been received.
PIPA also reserves the right to ask for an extended Guarantee in the form of a deposit if they feel this is necessary (for example when an Account holder wishes to bid on a pigeon with a high bidding price, for which the current Guarantee is not sufficient).
As long as the required Guarantee has not been deposited, the Consumer cannot place any bids.
Article 3 – Formation of a sales agreement between PIPA and the Buyer
3.1. The offer comes from the Buyer
The description of a pigeon or pigeons and/or the photos of a pigeon or pigeons on the Website are merely invitations from PIPA to receive a binding offer to purchase; the description and/or the photos do not under any circumstances constitute a binding offer of sale from PIPA.
The Buyer who wishes to purchase a pigeon described and/or shown on the Website, does a binding offer on the Website before the end of the bidding period (see bidding procedure: www.pipa.be) with mention of the price of his offer. This offer is binding for the Buyer (note: see Article 6.1. for the associated costs).
The Buyer is aware that PIPA is not obliged to accept this offer, even if this offer is the highest bid during the bidding period.
PIPA reserves the right – in every case – to ask for any additional information form the Buyer after an offer has been received from the Buyer.
3.2. Formation of a sales agreement by accepting offer from the Buyer by PIPA
The sales agreement between PIPA and the Buyer is formed when PIPA accepts the offer of the Buyer to purchase the Pigeon. PIPA will send a confirmation via e-mail to the Buyer within 48 hours after the Buyer’s offer has been accepted.
Article 4 – Delivery obligation for PIPA
- The identity of a Pigeon, subject to evidence from the Buyer proving the contrary, is adequately demonstrated by PIPA through the pedigree and ring band card (with the exception of countries where the Federation – such as the Royal Belgium Pigeon Fanciers Associated VSW – or similar foreign associations do not provide ring band cards, in which case the ring validates the identity of the Pigeon).
- Due to the nature of the purchased item, a live animal, the Buyer acknowledges that possible infertility or reduced fertility of a Pigeon – despite PIPA's efforts in this regard and as specified below, has no influence on the conformity of the delivered good;
- Due to the nature of the purchased item, a live animal, the Buyer acknowledges that a Pigeon delivered in perfect health – despite PIPA’s efforts in this regard as specified below – is not required, and that PIPA has not failed its delivery obligation in this case.
Article 5 – Other obligations for PIPA
5.1. Health/condition
5.1.1. PIPA is required to deliver a Pigeon in good condition. A pigeon in good condition has:
- normal white ceres
- sufficient muscle tissue besides the breastbone
- a light pink throat without slime
- shining plumage
- a vital impression
Moreover, PIPA is obliged to its Buyer to include proof that the Pigeon has been vaccinated against paramyxo within six months of the auction closing.
5.1.2. Quality control examination and report
A PIPA expert examines every pigeon to be auctioned by hand. Moreover, the PIPA expert makes a report for every pigeon which will be auctioned. The PIPA export, who is knowledgeable on pigeons and pigeon sport, does the examination and makes the report with care. The objective of the examination is to give the best possible indication whether the pigeon is in good condition (as specified in Article 5.1.1.). The report acts as an internal quality control (for PIPA) and as additional information for the Buyer, addressing several pigeon characteristics.
The Buyer is aware and accepts that both the examination and the report are not binding, as these include subjective judgements from the expert. The expert may have different preferences for certain characteristics compared to that of the Buyers and have a different idea on what constitutes a vital impression, strong back, etc.
5.2. DNA certificate
5.2.1. In case of a Young Bird sale:
5.2.1.1. Unless mentioned otherwise on the Website, PIPA is required to provide a DNA certificate with Young Birds which are for sale and have no racing results. PIPA will provide this DNA certificate with the delivery of the Young Bird to the Buyer.
This DNA certificate shows with a large certainty the genetic relationship between the Young Bird and its parents or one of its parents (in case only one parent is relevant or available). A DNA certificate cannot be provided in case both parents or the relevant parent has passed away or is not available for DNA testing.
5.2.1.2. Contrary to Article 5.2.1.1., PIPA does not provide DNA certificates for Young Birds in case:
(a) the Young Bird has been raced and race results can be provided or (b) PIPA did not receive the Young Bird directly from the breeder.
5.2.2. In case the sale does not concern a Young Bird:
5.2.2.1. The Buyer can – in case the Pigeon exceeds the price of 25,000 EUR – make an explicit written request to PIPA (via e-mail: sales@pipa.be) within 24 hours after the auction has closed to provide a DNA certificate of the Pigeon. In this case PIPA will instruct the fancier/supplier to breed a child as quickly as possible to be able to provide a DNA certificate.
This DNA certificate shows with a large certainty the genetic relationship between the Pigeon, subject of the sales agreement, and the child of the Pigeon bred after the auction closed. This DNA certificate shows that the individual pigeon, item of the sales agreement, is fertile. The Buyer is aware that providing such a DNA certificate will approximately take 14 weeks.
5.2.2.2 If the DNA certificate referred to in Article 5.2.2.1. is not received by the Buyer at the latest within sixteen weeks after the Buyer has sent the request to PIPA, the Buyer has the right to cancel the purchase of the Pigeon in question, which is the subject of the purchase agreement. Where appropriate, PIPA will refund the purchase price to the Buyer within seven working days following written notification (by e-mail: sales@pipa.be) by the Buyer of the decision to cancel the purchase, insofar as it had already been paid to PIPA. The parties declare that they are not obliged to pay any compensation to each other.
5.2.2.3. If the Buyer does not request a DNA certificate as referred to in Article 5.2.2.1 within the aforementioned 24-hour period, PIPA can under no circumstances be held accountable to compensate the damage that the Buyer may suffer in connection to the information from the DNA certificate had it been requested.
5.2.3. The Buyer accepts that the DNA certificates as described above sufficiently prove the parentage and/or fertility of the Pigeons.
Article 6 – Purchase Price - Payment terms – Place of payment
6.1. Purchase Price
- The purchase price, which must be paid by the Buyer to PIPA for the Pigeon, is:
- any value added tax (VAT) to the extent applicable
- the price offered by the Buyer in its binding offer regarding the Pigeon and which was accepted and confirmed by PIPA (hereinafter, “Bidding Price”),
- to be increased by an administration fee of EUR 80 per individual pigeon. In exceptional cases, this administration cost can be higher than 80 EUR per pigeon. These cases will always be clearly communicated to the Buyer.
- The total amount (Bidding Price and administration costs) is to be increased by the applicable VAT (this is not always the Belgian VAT; if the Belgian VAT applies, it is 6%).
- All amounts are always expressed in EURO. Unless the Parties have expressly agreed otherwise in writing, all payments are made in EURO.
- The aforementioned Purchase Price does NOT include:
- other taxes or duties that may be applicable, such as import taxes
- other costs, such as possible bank costs of the Buyer
- transport costs for transporting the Pigeon from the place of delivery as stipulated in Article 8 to the place desired by the Buyer. The Buyer is responsible for this transport. At the explicit and separate request of the Buyer, PIPA can (help) arrange this transport (in the name and) at the expense of the Buyer. PIPA reserves the right to charge the costs for this to the Buyer.
6.2. Payment terms:
After the conclusion of the purchase agreement between PIPA and the Buyer, as stipulated in Article 3.2., PIPA will send an invoice to the Buyer. Unless the Parties have agreed otherwise, the Buyer must subsequently pay the total amount stated therein (hereinafter: “Invoice Amount”) directly to PIPA within a period of seven calendar days after receipt of this invoice.
The non-payment or the incomplete payment of the Invoice Amount within the aforementioned period and in the event that PIPA's notice of default for this has remained without effect for 10 calendar days, is a serious shortcoming and is sufficient to give rise to the extrajudicial dissolution of the agreement due to non-performance to the detriment of the Buyer, as stipulated in Article 13.
6.3. Place of payment
The place of payment is always PIPA’s Company Address.
Article 7 - Transfer of ownership, retention of title and transfer risk
PIPA remains the owner of the Pigeon until the full Invoice amount has been received by PIPA.
The risk regarding the Pigeon passes to the Buyer at the time of delivery, as determined below.
Article 8 – Further provisions regarding the delivery
8.1. The place of delivery of the Pigeon is - depending on the circumstances - (i) the place of residence or place of business of the pigeon fancier/supplier from whom PIPA has purchased the Pigeon itself, (ii) PIPA's Business Address, (iii) or the first transportation company (carrier) established in Belgium. The desired place of delivery is communicated by the Buyer to PIPA at the latest at the time of the offer, as stipulated in Article 3.1.
(i) If the place of delivery is the home address or place of business of the pigeon fancier/supplier, the Pigeon or - as the case may be - a individual pigeon subject to the purchase agreement, is deemed delivered by PIPA to the Buyer at the moment that notification is given of the delivery/availability of the Pigeon or the individual pigeon at the home address or place of business of the pigeon fancier/supplier.
(ii) If the place of delivery is PIPA's Business Address, the Pigeon or - as the case may be - a individual Pigeon subject to the purchase agreement, is deemed delivered by PIPA to the Buyer at the moment notification is given of the provision of the Pigeon or the individual Pigeon is available at PIPA's Business Address.
(iii) If the place of delivery is the place of establishment of the first carrier in Belgium, the Pigeon or - as the case may be – an individual Pigeon subject to the purchase agreement, is deemed delivered by PIPA to the Buyer by and at the time of delivery to the first carrier established in Belgium.
8.2. PIPA is to deliver the Pigeon as stipulated above, no later than six months after the end of the auction period, Article 8.4. stays true.
If the Buyer has chosen the location of the first carrier in Belgium as the place of delivery, but due to circumstances beyond PIPA's control (e.g. an export ban), the Pigeon cannot or cannot usefully be delivered to that first carrier at the latest expiry date of the delivery term, the place of delivery is PIPA's Business Address, unless agreed otherwise.
8.3. As a seller, PIPA is not responsible for the transport of the Pigeon from the place of delivery, as stipulated above, to the final address desired by the Buyer. PIPA is therefore in no way liable for this transport from the place of delivery as stipulated above, even if PIPA would have applied for a certificate via the TRACES New Technology platform and/or would have taken any action to facilitate the transport nor if PIPA would have accepted a separate order from the Buyer for this purpose.
8.4. PIPA can under no circumstances be obliged to deliver the Pigeon before the Invoice Amount has been received.
8.5. The Buyer must confirm the arrival/delivery of the Pigeon at the billing address in writing if this is requested by PIPA.
Article 9 - Complaints
Any dispute or complaint must be reported to PIPA through registered mail within two months of its establishment. A dispute of complaint that is not reported in time can under no circumstances give rise to liability on the part of PIPA.
Article 10 – Measures to be taken by the Buyer in the event of illness or death of the Pigeon
In the event that the Pigeon is diagnosed with illness at the time of the Pigeon’s arrival at the Buyer, the Buyer is required to report this immediately or at the latest within 24 hours to PIPA (at the company headquarters). If the death of the Pigeon is established at the moment of arrival of the Pigeon at the Buyer, the Buyer must report this to PIPA (at the company headquarters) within 24 hours of this being established.
These notifications in the event of illness or death must be made via e-mail: sales@pipa.be. In the event of death, photos to prove the death must be attached. These reports should, among other things, allow - if PIPA deems it necessary - to have a qualified veterinarian carry out the necessary examinations and to make a statement regarding the Pigeon’s death. Furthermore, the pedigree, ring card and ring of the deceased Pigeon must be sent to PIPA as soon as possible.
Article 11 – Exoneration clause/limitation of liability PIPA
Without prejudice to the legal obligations, PIPA is not liable towards the Buyer for damage suffered by the Buyer as a result of the minor fault of PIPA and/or its employees or executive agents.
11.1. PIPA is not liable towards the Buyer for damage suffered by the Buyer as a result of the minor or serious fault of PIPA and/or its implementing agents. However, this exclusion of liability will not apply in cases and to the extent that it is prohibited by applicable mandatory law.
11.2. Without prejudice to Article 11.1., PIPA can be obliged per claim to pay a maximum of an amount equal to the purchase price referred to in Article 6.1.
Article 12 - Force majeure and unforeseen circumstances
PIPA is not liable for and cannot be obliged to pay any compensation to the Buyer in the event of temporary or permanent force majeure to perform. Force majeure is understood to mean any cause beyond the control of PIPA, such as (but not limited to): strike, outbreak of avian flu or other diseases, confinement obligation, import or export ban, lockdown as a result of Covid and similar measures (eg. before Covid), …
In case a situation of temporary force majeure lasts longer than 30 calendar days, PIPA has the right to dissolve the purchase agreement, without owing compensation to the Buyer.
Article 13 – Termination: explicit dissolution clause
PIPA has the right to unilaterally dissolve the purchase agreement to the detriment of the Buyer without prior judicial intervention, in the event of serious neglect by the Buyer to fulfil one or more of its contractual obligations, insofar as the notice of default has remained without effect for 10 calendar days ( if more than one notice of default is sent, this period will be calculated from the first notice of default). PIPA reserves the right, if necessary, to claim additional compensation from the Buyer.
The non-payment of the full Invoice amount within the term as stipulated in Article 6.2. shall in any case be regarded as a sufficiently serious shortcoming on the part of the Buyer that allows a unilateral, extrajudicial dissolution by PIPA of the purchase agreement.
In case of dissolution of a purchase agreement, PIPA also reserves the right to delete the Account.
Article 14 – Evidence between Parties
Parties accept evidence in the form of electronic proof (e.g. via e-mail messages, …)
Article 15 – Divisibility
If any contractual provision of the sales terms and condition (or part of a provision) is void or unenforceable, such provision (or the invalid/unenforceable portion thereof, as the case may be) shall be deemed by operation of law to no longer form part of the terms and conditions, without having any effect on the validity or enforceability of the remaining provisions (or, as the case may be, the remaining valid parts of the provision).
Article 16 – Use of personal data
PIPA processes personal data in the context of account registration and in the context of the services provided. PIPA processes personal data in line with the privacy statement which can be found under https://auctions.pipa.be/nl/privacybeleidpersoonsgegevens. PIPA respects the applicable regulation on privacy and data protection (regulation EU 2016/679 of 27th April 2016) and any relevant national regulation. For further information, you can contact us via: https://www.pipa.be/contact.
Article 17 – Applicable law
17.1. The purchase agreement between PIPA and the Buyer is governed by the Terms and Conditions. Previous general terms and conditions or different general terms and conditions of the Buyer (regardless of their date) do not apply in any case.
Only the Terms and Conditions drawn up in Dutch governs the purchase agreement between the Parties. PIPA is not liable for any translation errors or deviations in translated general terms and conditions and/or on the Website.
17.2. The Belgian law applies, with the exception of the regulations from the Belgian code of private international law.
Article 18 – Accredited courts of law
All disputes between Parties which are subject to the Terms and Conditions (including disputes on terms and conditions on being registered and approved as a bidder) will be settled in a Belgian courthouse, specifically the courthouses of Ghent, department Ghent, which is exclusively accredited.
GENERAL SALES TERMS AND CONDITIONS FOR INTERNET SALES BY PIPA TO COMPANIES
These general sales terms and conditions apply for:
PIPA TRADING BV (hereafter referred to as “PIPA”), a general partnership under Belgian law, with its registered office in Belgium, 9910 Aalter, Eentveldstraat 18, registered at the Crossroads Bank for Enterprises under 0885.597.924;
And:
the Buyer, as defined under ‘definitions’;
Introduction
PIPA is a company which is renowned world-wide as a platform for the sales of pigeons. PIPA has a website (www.pipa.be), on which online pigeon sales – through a bidding system or auction – are organised.
PIPA often acts as the sales party. These general sales terms and conditions regulate the online sales by PIPA.
An important note is that these general sales terms and conditions only apply in case you are a Company (as defined under ‘definitions’).
PIPA would also like to point out that you are required to have an approved account to bid/buy from PIPA. This means that you have to be registered with PIPA as a bidder and approved by PIPA as a bidder.
Definitions
In these general sales terms and conditions, the following terms are defined as stated below when written with a capital letter:
‘Account’ means a registered account.
‘Company address’ refers to the registered office address of PIPA as mentioned above.
‘Budget’ is the maximum amount paired to an approved PIPA Account, which means a particular Account’s total bids can’t exceed this maximum amount per weekend.
‘Bidding Price’ is defined as in Article 6.1., first bullet point.
‘Company’ refers to all persons (whether natural persons or legal persons) other than natural persons who are acting for purposes which are outside his trade, business, craft, or profession.
‘Pigeon’ means the pigeon or pigeons on offer until sold by the Buyer (as defined below), published on the Website (defined below).
‘Invoice Amount’ is defined as in Article 6.2. of these general sales terms and conditions.
‘Bidding Price’ is defined as in Article 6.1., first bullet point.
‘Internet Sale’ is defined as every sale by PIPA to a Buyer (as defined below) who made a binding offer via the Website (as defined below).
‘Young Bird’ is any pigeon born in one of the two calendar years of the current Auction Season (defined below). For example, if the auction season runs from 1st August 2019 until 31st July 2020, pigeons born in 2019 and 2020 are defined as Young Birds).
‘Buyer’ is a Company which has been registered and approved as a bidder on PIPA prior to or during an auction and thereby has an approved Account.
‘Parties’ refers to PIPA and the Buyer.
‘Auction Season’ runs from 1st August to 31st July of the following calendar year (for example, from 1st August 2019 to 31st July 2020).
‘Terms And Conditions’ refers to these general sales terms and conditions.
‘Website’ refers to www.pipa.be.
Article 1 – Subject
The goal of these Terms And Conditions are:
- to determine the terms and conditions under which a Company can be registered and approved as a bidder by PIPA and
- determine the conditions under which PIPA sells a Pigeon to a Buyer.
The Terms and Conditions apply to every Internet Sale.
Article 2 – Registration and approval as a bidder – Budget - Guarantees
2.1. A Company can only make an offer, as stated in Article 3.1., when they have an approved Account prior to the start of or during the sale. This means that they are registered as a bidder at PIPA and approved as a bidder by PIPA. Via the approved Account the Buyer can login on the Website and bid during auctions.
2.2. The registration of an account happens via the Website. A Company can only register one account.
After registration of an account by the Company, PIPA will approve or deny the Account and subsequently, in case of approval, determine the Budget. PIPA reserves the right to deny Accounts without having to justify this decision.
PIPA will contact the Company personally, often via telephone, to communicate an Account has been approved and inform them of the Budget.
PIPA strives to make the decision of approval of an Account as well as the Budget within 48 hours after account registration. The Company is aware that this can take longer in certain cases (for example, during holiday periods, busy periods, etc.).
2.3. PIPA has the right to change the Budget (both up and down) at any time after Account approval. The Company can view his current Budget on his auction profile.
2.4. The Company accepts that he can only bid within the limits of the Budget.
2.5 PIPA reserves the right to ask the Company - Account holder - for a guarantee, proof of assets or deposit (hereafter “Guarantee”) as a condition to approve the Account, or at a later moment for the Company to be able to continue placing bids via the Website (for example, when the Budget is increased or when biddings include large sums of money). Furthermore, PIPA reserves the right to determine the level and type of Guarantee but will base this on the size of the Budget and/or Budget increase.
The Guarantee can include a deposit (not exclusively) to the PIPA company bank account. The Company accepts that the Invoice Amount will be settled with the deposit, so that only a credit difference is to be paid by the Buyer to PIPA. The deposit will act as a Guarantee and as a down payment in case a of a sale. When an Account is closed, by PIPA or by the Company, the remaining Guarantee will be deposited back to the Company in case all Invoice Amounts to PIPA have been received.
PIPA also reserves the right to ask for an extended Guarantee in the form of a deposit if they feel this is necessary (for example when an Account holder wishes to bid on a pigeon with a high bidding price, for which the current Guarantee is not sufficient).
As long as the required Guarantee has not been deposited, the Company cannot place any bids.
Article 3 – Formation of a sales agreement between PIPA and the Buyer
3.1. The offer comes from the Buyer
The description of a pigeon or pigeons and/or the photos of a pigeon or pigeons on the Website are merely invitations from PIPA to receive a binding offer to purchase; the description and/or the photos do not under any circumstances constitute a binding offer of sale from PIPA.
The Buyer who wishes to purchase a pigeon described and/or shown on the Website, does a binding offer on the Website before the end of the bidding period (see bidding procedure: www.pipa.be) with mention of the price of his offer. This offer is binding for the Buyer (note: see Article 6.1. for the associated costs).
The Buyer is aware that PIPA is not obliged to accept this offer, even if this offer is the highest bid during the bidding period.
PIPA reserves the right – in every case – to ask for any additional information form the Buyer after an offer has been received from the Buyer.
3.2. Formation of a sales agreement by accepting offer from the Buyer by PIPA
The sales agreement between PIPA and the Buyer is formed when PIPA accepts the offer of the Buyer to purchase the Pigeon. PIPA will send a confirmation via e-mail to the Buyer within 48 hours after the Buyer’s offer has been accepted.
Article 4 – Delivery obligation for PIPA
- The identity of a Pigeon, subject to evidence from the Buyer proving the contrary, is adequately demonstrated by PIPA through the pedigree and ring band card (with the exception of countries where the Federation – such as the Royal Belgium Pigeon Fanciers Associated VSW – or similar foreign associations do not provide ring band cards, in which case the ring validates the identity of the Pigeon).
- Due to the nature of the purchased item, a live animal, the Buyer acknowledges that possible infertility or reduced fertility of a Pigeon – despite PIPA's efforts in this regard and as specified below, has no influence on the conformity of the delivered good;
- Due to the nature of the purchased item, a live animal, the Buyer acknowledges that a Pigeon delivered in perfect health – despite PIPA’s efforts in this regard as specified below – is not required, and that PIPA has not failed its delivery obligation in this case.
Article 5 – Other obligations for PIPA
5.1. Health/condition
5.1.1. PIPA is required to deliver a Pigeon in good condition. A pigeon in good condition has:
- normal white ceres
- sufficient muscle tissue besides the breastbone
- a light pink throat without slime
- shining plumage
- a vital impression
Moreover, PIPA is obliged to its Buyer to include proof that the Pigeon has been vaccinated against paramyxo within six months of the auction closing.
5.1.2. Quality control examination and report
A PIPA expert examines every pigeon to be auctioned by hand. Moreover, the PIPA expert makes a report for every pigeon which will be auctioned. The PIPA export, who is knowledgeable on pigeons and pigeon sport, does the examination and makes the report with care. The objective of the examination is to give the best possible indication whether the pigeon is in good condition (as specified in Article 5.1.1.). The report acts as an internal quality control (for PIPA) and as additional information for the Buyer, addressing several pigeon characteristics.
The Buyer is aware and accepts that both the examination and the report are not binding, as these include subjective judgements from the expert. The expert may have different preferences for certain characteristics compared to that of the Buyers and have a different idea on what constitutes a vital impression, strong back, etc.
5.2. DNA certificate
5.2.1. In case of a Young Bird sale:
5.2.1.1. Unless mentioned otherwise on the Website, PIPA is required to provide a DNA certificate with Young Birds which are for sale and have no racing results. PIPA will provide this DNA certificate with the delivery of the Young Bird to the Buyer.
This DNA certificate shows with a large certainty the genetic relationship between the Young Bird and its parents or one of its parents (in case only one parent is relevant or available). A DNA certificate cannot be provided in case both parents or the relevant parent has passed away or is not available for DNA testing.
5.2.1.2. Contrary to Article 5.2.1.1., PIPA does not provide DNA certificates for Young Birds in case:
(a) the Young Bird has been raced and race results can be provided or (b) PIPA did not receive the Young Bird directly from the breeder.
5.2.2. In case the sale does not concern a Young Bird:
5.2.2.1. The Buyer can – in case the Pigeon exceeds the price of 25,000 EUR – make an explicit written request to PIPA (via e-mail: sales@pipa.be) within 24 hours after the auction has closed to provide a DNA certificate of the Pigeon. In this case PIPA will instruct the fancier/supplier to breed a child as quickly as possible to be able to provide a DNA certificate.
This DNA certificate shows with a large certainty the genetic relationship between the Pigeon, subject of the sales agreement, and the child of the Pigeon bred after the auction closed. This DNA certificate shows that the individual pigeon, item of the sales agreement, is fertile. The Buyer is aware that providing such a DNA certificate will approximately take 14 weeks.
5.2.2.2 If the DNA certificate referred to in Article 5.2.2.1. is not received by the Buyer at the latest within sixteen weeks after the Buyer has sent the request to PIPA, the Buyer has the right to cancel the purchase of the Pigeon in question, which is the subject of the purchase agreement. Where appropriate, PIPA will refund the purchase price to the Buyer within seven working days following written notification (by e-mail: sales@pipa.be) by the Buyer of the decision to cancel the purchase, insofar as it had already been paid to PIPA. The parties declare that they are not obliged to pay any compensation to each other.
5.2.2.3. If the Buyer does not request a DNA certificate as referred to in Article 5.2.2.1 within the aforementioned 24-hour period, PIPA can under no circumstances be held accountable to compensate the damage that the Buyer may suffer in connection to the information from the DNA certificate had it been requested.
5.2.3. The Buyer accepts that the DNA certificates as described above sufficiently prove the parentage and/or fertility of the Pigeons.
Article 6 – Purchase Price - Payment terms – Place of payment
6.1. Purchase Price
- The purchase price, which must be paid by the Buyer to PIPA for the Pigeon, is:
- the price offered by the Buyer in its binding offer regarding the Pigeon and which was accepted and confirmed by PIPA (hereinafter, “Bidding Price”),
- to be increased by an administration fee of EUR 80 per individual pigeon. In exceptional cases, this administration cost can be higher than 80 EUR per pigeon. These cases will always be clearly communicated to the Buyer.
- All amounts are always expressed in EURO. Unless the Parties have expressly agreed otherwise in writing, all payments are made in EURO.
- The aforementioned Purchase Price does NOT include:
- any value added tax (VAT) to the extent applicable
- other taxes or duties that may be applicable, such as import taxes
- other costs, such as possible bank costs of the Buyer
- transport costs for transporting the Pigeon from the place of delivery as stipulated in Article 8 to the place desired by the Buyer. The Buyer is responsible for this transport. At the explicit and separate request of the Buyer, PIPA can (help) arrange this transport (in the name and) at the expense of the Buyer. PIPA reserves the right to charge the costs for this to the Buyer.
6.2. Payment terms:
After the conclusion of the purchase agreement between PIPA and the Buyer, as stipulated in Article 3.2., PIPA will send an invoice to the Buyer. Unless the Parties have agreed otherwise, the Buyer must subsequently pay the total amount stated therein (hereinafter: “Invoice Amount”) directly to PIPA within a period of seven calendar days after receipt of this invoice.
The non-payment or the incomplete payment of the Invoice Amount within the aforementioned period and in the event that PIPA's notice of default for this has remained without effect for 10 calendar days, is a serious shortcoming and is sufficient to give rise to the extrajudicial dissolution of the agreement due to non-performance to the detriment of the Buyer, as stipulated in Article 13.
6.3. Place of payment
The place of payment is always PIPA’s Company Address.
Article 7 - Transfer of ownership, retention of title and transfer risk
PIPA remains the owner of the Pigeon until the full Invoice amount has been received by PIPA.
The risk regarding the Pigeon passes to the Buyer at the time of delivery, as determined below.
Article 8 – Further provisions regarding the delivery
8.1. The place of delivery of the Pigeon is - depending on the circumstances - (i) the place of residence or place of business of the pigeon fancier/supplier from whom PIPA has purchased the Pigeon itself, (ii) PIPA's Business Address, (iii) or the first transportation company (carrier) established in Belgium. The desired place of delivery is communicated by the Buyer to PIPA at the latest at the time of the offer, as stipulated in Article 3.1.
(i) If the place of delivery is the home address or place of business of the pigeon fancier/supplier, the Pigeon or - as the case may be - a individual pigeon subject to the purchase agreement, is deemed delivered by PIPA to the Buyer at the moment that notification is given of the delivery/availability of the Pigeon or the individual pigeon at the home address or place of business of the pigeon fancier/supplier.
(ii) If the place of delivery is PIPA's Business Address, the Pigeon or - as the case may be - a individual Pigeon subject to the purchase agreement, is deemed delivered by PIPA to the Buyer at the moment notification is given of the provision of the Pigeon or the individual Pigeon is available at PIPA's Business Address.
(iii) If the place of delivery is the place of establishment of the first carrier in Belgium, the Pigeon or - as the case may be – an individual Pigeon subject to the purchase agreement, is deemed delivered by PIPA to the Buyer by and at the time of delivery to the first carrier established in Belgium.
8.2. PIPA is to deliver the Pigeon as stipulated above, no later than six months after the end of the auction period, Article 8.4. stays true.
If the Buyer has chosen the location of the first carrier in Belgium as the place of delivery, but due to circumstances beyond PIPA's control (e.g. an export ban), the Pigeon cannot or cannot usefully be delivered to that first carrier at the latest expiry date of the delivery term, the place of delivery is PIPA's Business Address, unless agreed otherwise.
8.3. As a seller, PIPA is not responsible for the transport of the Pigeon from the place of delivery, as stipulated above, to the final address desired by the Buyer. PIPA is therefore in no way liable for this transport from the place of delivery as stipulated above, even if PIPA would have applied for a certificate via the TRACES New Technology platform and/or would have taken any action to facilitate the transport nor if PIPA would have accepted a separate order from the Buyer for this purpose.
8.4. PIPA can under no circumstances be obliged to deliver the Pigeon before the Invoice Amount has been received.
8.5. The Buyer must confirm the arrival/delivery of the Pigeon at the billing address in writing if this is requested by PIPA.
Article 9 - Complaints
Any dispute or complaint must be reported to PIPA through registered mail within two months of its establishment. A dispute of complaint that is not reported in time can under no circumstances give rise to liability on the part of PIPA.
Article 10 – Measures to be taken by the Buyer in the event of illness or death of the Pigeon
In the event that the Pigeon is diagnosed with illness at the time of the Pigeon’s arrival at the Buyer, the Buyer is required to report this immediately or at the latest within 24 hours to PIPA (at the company headquarters). If the death of the Pigeon is established at the moment of arrival of the Pigeon at the Buyer, the Buyer must report this to PIPA (at the company headquarters) within 24 hours of this being established.
These notifications in the event of illness or death must be made via e-mail: sales@pipa.be. In the event of death, photos to prove the death must be attached. These reports should, among other things, allow - if PIPA deems it necessary - to have a qualified veterinarian carry out the necessary examinations and to make a statement regarding the Pigeon’s death. Furthermore, the pedigree, ring card and ring of the deceased Pigeon must be sent to PIPA as soon as possible.
Article 11 – Exoneration clause/limitation of liability PIPA
Without prejudice to the legal obligations, PIPA is not liable towards the Buyer for damage suffered by the Buyer as a result of the minor fault of PIPA and/or its employees or executive agents.
11.1. PIPA is not liable towards the Buyer for damage suffered by the Buyer as a result of the minor or serious fault of PIPA and/or its implementing agents. However, this exclusion of liability will not apply in cases and to the extent that it is prohibited by applicable mandatory law.
11.2. Without prejudice to Article 11.1., PIPA can be obliged per claim to pay a maximum of an amount equal to the purchase price referred to in Article 6.1.
Article 12 - Force majeure and unforeseen circumstances
PIPA is not liable for and cannot be obliged to pay any compensation to the Buyer in the event of temporary or permanent force majeure to perform. Force majeure is understood to mean any cause beyond the control of PIPA, such as (but not limited to): strike, outbreak of avian flu or other diseases, confinement obligation, import or export ban, lockdown as a result of Covid and similar measures (e.g. before Covid), …
In case a situation of temporary force majeure lasts longer than 30 calendar days, PIPA has the right to dissolve the purchase agreement, without owing compensation to the Buyer.
Article 13 – Termination: explicit dissolution clause
PIPA has the right to unilaterally dissolve the purchase agreement to the detriment of the Buyer without prior judicial intervention, in the event of serious neglect by the Buyer to fulfil one or more of its contractual obligations, insofar as the notice of default has remained without effect for 10 calendar days ( if more than one notice of default is sent, this period will be calculated from the first notice of default). PIPA reserves the right, if necessary, to claim additional compensation from the Buyer.
The non-payment of the full Invoice amount within the term as stipulated in Article 6.2. shall in any case be regarded as a sufficiently serious shortcoming on the part of the Buyer that allows a unilateral, extrajudicial dissolution by PIPA of the purchase agreement.
In case of dissolution of a purchase agreement, PIPA also reserves the right to delete the Account.
Article 14 – Evidence between Parties
Parties accept evidence in the form of electronic proof (e.g. via e-mail messages, …)
Article 15 – Divisibility
If any contractual provision of the sales terms and condition (or part of a provision) is void or unenforceable, such provision (or the invalid/unenforceable portion thereof, as the case may be) shall be deemed by operation of law to no longer form part of the terms and conditions, this has no effect on the validity or enforceability of the remaining provisions (or, as the case may be, the remaining valid parts of a provision).
Article 16 – Use of personal data
PIPA processes personal data in the context of account registration and in the context of the services provided. PIPA processes personal data in line with the privacy statement which can be found under https://auctions.pipa.be/nl/privacybeleidpersoonsgegevens. PIPA respects the applicable regulation on privacy and data protection (regulation EU 2016/679 of 27th April 2016) and any relevant national regulation. For further information, you can contact us via: https://www.pipa.be/contact.
Article 17 – Applicable law
17.1. The purchase agreement between PIPA and the Buyer is governed by the Terms and Conditions. Previous general terms and conditions or different general terms and conditions of the Buyer (regardless of their date) do not apply in any case.
Only the Terms and Conditions drawn up in Dutch governs the purchase agreement between the Parties. PIPA is not liable for any translation errors or deviations in translated general terms and conditions and/or on the Website.
17.2. The Belgian law applies, with the exception of the regulations from the Belgian code of private international law.
Article 18 – Accredited courts of law
All disputes between Parties which are subject to the Terms and Conditions (including disputes on terms and conditions on being registered and approved as a bidder) will be settled in a Belgian courthouse, specifically the courthouses of Ghent, department Ghent, which is exclusively accredited, unless a mandatory statutory provision provides otherwise.
GENERAL SALES TERMS AND CONDITIONS FOR THIRD-PARTY SALES ON THE PIPA PLATFORM
These general sales terms and conditions apply for:
PIPA, as defined under ‘definitions’
And:
The Buyer, as defined under ‘definitions’ (hereafter also referred to as ‘you’);
Introduction
- PIPA is a company which is renowned world-wide as a platform for the sales of pigeons. PIPA has a website (www.pipa.be), on which online pigeon sales – through a bidding system or auction – are organised.
PIPA is not always the selling party of the pigeons which are auctioned on the auction platform. Third-Party Sellers can offer their pigeons on the PIPA auction platform. ‘OLR sellers’ as defined under ‘definitions’, are often Third-Party Sellers.
When a Third-Party seller offers pigeons on PIPA's auction platform, PIPA's intervention is essentially limited to making its auction platform available.
- These general terms and conditions clarify and – where necessary – regulate the limited intervention of PIPA towards you in case a Third-Party Seller offers his pigeons via the PIPA auction platform.
These Terms and Conditions also contain a limited number of “Terms and Conditions” that Third Party Sellers (as defined under ‘definitions’) apply themselves when you purchase a Pigeon from them.
- It is important that you must have an approved account in order to be able to bid and/or buy via the PIPA auction platform. This applies to every auction and therefore also when the pigeons are offered by Third-Party Sellers. This is further explained in these general terms and conditions.
Definitions
In these general sales terms and conditions, the following terms are defined as stated below when written with a capital letter:
‘Account’ means a registered account.
‘Budget’ means the maximum amount paired to an approved PIPA Account, which means a particular Account’s total bids can’t exceed this maximum amount per weekend.
‘Consumer’ is a person who is acting for purposes which are outside his trade, business, craft or profession.
‘Third-Party Sale’ is a sale by a Third-Party Seller, as defined below.
‘Third-Party Seller’ is a third party who offers and/or sells pigeons via the PIPA auction platform. This third party can be either a natural person or a legal person and a consumer or a company. This third party may be established in an EU Member State or in another country (outside the EU).
‘Pigeon’ means the pigeon or pigeons on offer until sold to the Buyer (as defined below).
‘Bidding Price’ is defined as in Article 4.2.
‘Purchase Price’ is defined as in Article 4.2.
‘Buyer’ is a Consumer or Company (as defined below) which has been registered and approved as a bidder on PIPA prior to or during an auction and thereby has an approved Account.
‘One Loft Race’ or abbreviated: ‘OLR’ are races organised by an organisation which have first collected pigeons from different fanciers (suppliers) whereafter these are raced on the same loft, from one direction, and after further training compete in the races.
‘OLR Sale’ is a sale via the PIPA Platform (as defined below) of pigeons that have participated in an OLR (the seller is then often - but not always - the organization that organised the OLR).
‘Company’ is any natural or legal person pursuing an economic goal in a sustainable manner, as well as its associations.
‘PIPA’ refers to PIPA TRADING BV, a general partnership under Belgian law, with its registered office in Belgium, 9910 Aalter, Eentveldstraat 18, enrolled at the Crossroads Bank for Enterprises under 0885.597.924; Legel entity register Ghent, telephone number: +32 (0)9 374 38 87 and e-mail address: info@pipa.be.
'Platform' means the PIPA auction platform, accessible via https://auctions.pipa.be (also accessible via the website: www.pipa.be).
‘Terms And Conditions’ refers to these general sales terms and conditions.
Article 1 – Subject
The Terms and Conditions aim to:
- determine the conditions and modalities under which a Consumer or Company can be registered as a bidder and approved by PIPA and
- inform the Buyer of the terms and conditions that apply when PIPA makes its Platform available for an auction of pigeons from a Third-Party Seller (as is often the case, for example, with an OLR Sale). Please note: special (deviating or additional) terms and conditions may apply to a specific auction. In that case, these special terms and conditions will be stated on the auction page. The special terms and conditions take precedence over these Terms And Conditions.
The Terms And Conditions apply to any sale made by a Third-Party Seller.
Article 2 – You require an approved Account to place bids
Clarification:
The provisions stated in Article 2 apply to any auction via the Platform and are therefore not only applicable to sales by Third-Party Sellers.
2.1. You can only make an offer, as stated in Article 4.1.1., in case you have an approved Account prior to the start of or during the sale. This means that you are registered as a bidder at PIPA and approved as a bidder by PIPA. Via the approved Account you can login on the Website and bid during auctions.
2.2. The registration of an account happens via the Website. A Consumer or Company can only register one account.
After registration of an account by the Consumer or Company, PIPA will approve or deny the Account and subsequently, in case of approval, determine the Budget. PIPA reserves the right to deny Accounts without having to justify this decision.
PIPA will contact the Consumer or Company personally, often via telephone, to communicate an Account has been approved and inform them of the Budget.
PIPA strives to make the decision of approval of an Account as well as the Budget within 48 hours after account registration. The Consumer or Company is aware that this can take longer in certain cases (for example, during holiday periods, busy periods, etc.).
2.3. PIPA has the right to change the Budget (both up and down) at any time after Account approval. The Consumer or Company can view his current Budget on his auction profile.
2.4. The Consumer or Company accepts that they can only bid within the limits of the Budget.
2.5 PIPA reserves the right to ask the Consumer - Account holder - for a guarantee, proof of assets or deposit (hereafter “Guarantee”) as a condition to approve the Account, or at a later moment for the Consumer to be able to continue placing bids via the Website (for example, when the Budget is increased or when biddings include large sums of money). Furthermore, PIPA reserves the right to determine the level and type of Guarantee but will base this on the size of the Budget and/or Budget increase. The Buyer accepts that PIPA can offset all amounts owed to PIPA against the Guarantee.
When an Account is closed, by PIPA or by the Consumer, the remaining Guarantee will be deposited back to the Consumer in case all Invoice Amounts to PIPA have been received. In case of a deposit is made back to the Account holder, interest rates or any other compensation is not accounted for.
PIPA also reserves the right to ask for an extended Guarantee in the form of a deposit if they feel this is necessary (for example when an Account holder wishes to bid on a pigeon with a high bidding price, for which the current Guarantee is not sufficient).
Meeting the Guarantee requirements is a general condition to be able to place bids on the Platform. As long as the required Guarantee has not been deposited, the Consumer cannot place any bids. However, the Guarantee will not be used for the Purchase Price owed to a Third-Party Seller.
Article 3 - Article 3 - Obligations of PIPA in a Third-Party Sale (PIPA is not the seller)
3.1. In the case of a Third-Party Sale, PIPA (only) makes its Platform available to the Third-Party Seller so that it can sell pigeons to a Buyer via an auction.
PIPA does not become the owner of the Pigeons at any time. The Third-Party Seller is the seller of the Pigeon (not PIPA).
This means, among other things, that the purchase agreement for the Pigeon - if your offer is accepted - is concluded between you as the Buyer and the Third-Party Seller as the seller. It is therefore the Third-Party Seller who carries all obligations of the seller.
Payment of the Purchase Price for the Pigeon is made directly to the Third-Party Seller (for practical reasons, PIPA will usually send you the payment request from the Third-Party Seller by email, but PIPA's intervention ends there). .
3.2. The Third-Party Seller can be either a Business or a Consumer. If the Third-Party Seller has declared to be a Consumer, this will be expressly stated on the Platform (in particular, on the auction page).
Attention:
If the Third-Party Seller is a Consumer, the consumer rights protection following EU law does not apply to the agreement formed between the Buyer and the Third-Party Seller.
3.3. Unless mandatory law stipulates otherwise, PIPA is only bound by an obligation of means (and no obligation of result). This also applies, amongst others, to the provision of the Platform for Third-Party Sales. PIPA does not guarantee that the website www.pipa.be or the Platform is always or uninterruptedly accessible.
Article 4 - Information Third-Party Seller and General terms and conditions Third-Party-Seller
Clarification:
As stated in Article 3, PIPA is not the Seller in a Third-Party Sale; it only makes its Platform available. Where possible, PIPA does try to make some basic agreements with the Third-Party Seller(s), so that the transaction runs more smoothly for you. For you, these agreements come down to a basic package of general sales terms and conditions issued by the Third-Party Seller. Please note: different or additional conditions may apply to a particular Third-Party Sale. You will find this on the auction page. In that case, the special terms and conditions take precedence over the terms and conditions included in this Article 4.
4.1. How is a Third-Party Sale set up legally?
4.1.1. The offer is made by the Buyer
The description of a pigeon and/or the visual material (e.g. photos and videos) of a pigeon on the Platform are only invitations from the Third-Party Seller to receive a binding offer to buy/purchase; the description and/or the images do not as such constitute a binding offer to sell from the Third-Party Seller.
If you wish to purchase a pigeon described and/or shown by the Third-Party Seller on the Platform, you must make a binding offer to the Third-Party Seller via the Platform (for the procedure: www. pipa.be) stating the price you offer.
Attention!:
- This offer is binding for you as Buyer; if the seller subsequently accepts your offer, the sale is concluded as stipulated in art. 4.1.2.
- In Article 4.2 you will find how the total Purchase Price is calculated and you will find information about any additional costs.
- The Third-Party Seller is under no obligation to accept your offer, even if your offer would be the highest bid it has received in the relevant bidding period.
- The Third-Party Seller may also ask you for additional information upon receipt of your offer.
- PIPA pays a lot of attention to the description of the pigeon and/or the visual material, but for this it has to work to a large extent with the data and material it receives from the Third-Party Seller. PIPA is therefore not liable for any errors, except in the case of deliberate or gross negligence.
4.1.2. The purchase agreement is concluded by the acceptance by the Third-Party Seller of the Buyer's offer
The purchase agreement (between yourself and the Third-Party Seller) is then concluded if and at the time that the Third-Party Seller accepts your offer to purchase the Pigeon. You will receive a confirmation of this by e-mail (for technical reasons PIPA will send you this confirmation).
4.2. The purchase price and any additional costs
- The Purchase Price, which you must pay to the Third-Party Seller for the Pigeon, is:
- the (bid) price you bid in your binding offer regarding the Pigeon (hereinafter, “Bid Price”) and which was accepted by the Third-Party Seller and confirmed in the confirmation e-mail,
- to be increased by an administration fee per individual pigeon, if and as stated on the auction website.
- if applicable, to be increased by the applicable VAT
- All amounts are always expressed in EURO. Unless stated otherwise on the Platform for a specific pigeon or auction, all payments are made in EURO.
- The Purchase Price does NOT include:
- other taxes or duties that may be applicable, such as import taxes
- other costs, such as possible bank costs of the Buyer
- transport costs for the transport of the Pigeon to the place desired by you (see art. 4.5.).
4.3. To whom must you pay the Purchase Price?
If the Third-Party Seller accepts your offer, you will then pay the Purchase Price directly to the Third Party Seller. For practical reasons, PIPA will usually forward the payment request from the Third-Party Seller to you with the necessary payment details, but PIPA is not the seller and therefore no payment can ever be made to PIPA. You will then also receive the invoice directly from the Third-Party Seller.
4.4. When do you have to pay the Purchase Price?
You must pay the Purchase Price to the Third-Party Seller within seven (7) calendar days after the end of the auction unless a different date is stated on the Platform for a specific auction. If the Purchase Price is not paid on time, the Third-Party Seller reserves the right to dissolve the purchase, without prior notice of default, to the detriment of the Buyer and to offer the Pigeon on the Platform for auction again.
4.5. How does the Pigeon get to you? Who arranges and pays for any transport?
(1) You can collect the purchased Pigeon, after full payment of the Purchase Price, at the address of the Third-Party Seller.
(2) You can also request that the Pigeon be delivered to a company for transport in the country where the purchased Pigeon resides at the time of purchase. In that case, the place of delivery is the location of the transportation company. However, you are responsible for the transport from this place of delivery to your desired final destination. You are fully responsible for the organisation of this transport, is on your account and is invoiced directly to you by the transportation company. PIPA does not intervene in this.
To make it simple for you, PIPA will - where possible - list the name of a potential transportation companies in the country where the Pigeon resides with the auction. After the auction, PIPA will send the auction details to this potential transporter, so that this transporter can contact you. However, you are not obliged to work with this transportation company.
4.6. Other terms and conditions
Who pays for the DNA certificate?
A DNA test is often done to determine the sex of the Pigeon. You do not have to pay extra for this test because if this test is done, it is included in the Purchase Price.
Who arranges any quarantine, export documents and animal health certificates?
In the case of a Third-Party Sale, the Pigeon is often located in another country (outside the EU) at the time of the auction. Where applicable, all quarantine procedures and export documents should be arranged in consultation with the Third-Party Seller and/or the transport company. PIPA does not intervene in this.
PIPA also points out that for movements within the EU - based on Animal Health legislation - a health certificate is required to move the Pigeon from one Member State to another (in the case of so-called “intra-Community movements ”). For more information, see https://webgate.ec.europa.eu/IMSOC/tracesnt-help/Content/R_INTRA/Intro.htm
Article 5 – Use of personal data
PIPA processes personal data in the context of account registration and in the context of the services provided. PIPA processes personal data in line with the privacy statement which can be found under https://auctions.pipa.be/nl/privacybeleidpersoonsgegevens. PIPA respects the applicable regulation on privacy and data protection (regulation EU 2016/679 of 27th April 2016) and any relevant national regulation. For further information, you can contact us via: https://www.pipa.be/contact.
PIPA must provide certain details of the Buyer whose offer is accepted to the Third-Party Seller so that the purchase can be completed. This information includes: name, address and/or billing address and/or desired final destination, contact details (telephone and email address), account number and the amount of the bid.
Article 6 – Divisibility
If any contractual provision of the sales terms and condition (or part of a provision) is void or unenforceable, such provision (or the invalid/unenforceable portion thereof, as the case may be) shall be deemed by operation of law to no longer form part of the terms and conditions, without having any effect on the validity or enforceability of the remaining provisions (or, as the case may be, the remaining valid parts of the provision).
Article 7 – Applicable law
The Belgian law applies, with the exception of the regulations from the Belgian code of private international law.
Article 8 – Accredited courts of law
All disputes between PIPA and the Buyer will be settled in a Belgian courthouse, specifically the courthouses of Ghent, department Ghent, which is exclusively accredited.
Article 9 – Language
The Dutch version of these terms and conditions is the original, legally binding version. Translations in other languages are merely informative.