GENERAL CONDITIONS OF SALE RELATING TO INTERNET SALES BY PIPA TO CONSUMERS

These general conditions of sale apply between the following parties:

PIPA TRADING BVBA (hereinafter “PIPA”), a company under Belgian law, with its registered office at Eentveldstraat 18, 9910 Aalter, in Belgium, registered with the Crossroads Bank for Enterprises under number 0885.597.924;

And:

the Purchaser, as defined hereafter under ‘definitions’;

Preamble

PIPA is an enterprise that is known worldwide as a seller of pigeons. PIPA has a website (www.pipa.be), on which the online sale of pigeons is organized by means of a bidding system or a so-called auction.

These general conditions of sale govern the online sales made by PIPA.

It is important to note that these general conditions of sale are only applicable if you are a Consumer (as defined hereafter under ‘definitions’) and that you have access to an approved bidding account on PIPA’s website. This means you will first need to be registered on PIPA’s website as a bidder and PIPA must approve you as a bidder.

Definitions

In these general conditions of sale the following terms highlighted with a capitalized first letter have the following meaning:

‘Account’: a registered account.

‘Business Address’: the address of the registered office of PIPA as mentioned above.

‘Budget’: the maximum amount coupled to a PIPA-approved Account, which the total amount of bids per weekend cannot exceed.

‘Consumer’: a natural person who acts for purposes which are not related to their professional or their commercial activities.

‘Pigeon’: the pigeon or pigeons which are identified in the purchase offer made by the Purchaser (as defined hereinafter) by means of the Website (as defined hereinafter).

‘Invoice Amount’: has its meaning determined in clause 6.2 of these general conditions of sale.

‘Internet Sale’: any sale made by PIPA to the Purchaser (as defined hereinafter) who by means of the Website (as defined hereinafter) made a binding offer.

‘Young Pigeon’: a pigeon or pigeons that are born in one of the two calendar years in which the Auction Season (as defined hereinafter) in progress runs its course (e.g. if the auction season starts August 1st 2019 and ends July 31st 2020, the pigeon or pigeons must either be born in 2019 or 2020).

‘Purchaser’: a Consumer who prior to or during the auction was registered as a bidder on PIPA and is approved by PIPA as a bidder and who therefore has access to an approved Account.

‘Parties’: PIPA and the Purchaser.

‘Auction Season’: spans from August 1st of a given calendar year to July 31st of the next calendar year (e.g. from August 1st 2019 up to and including July 31st 2020).

 ‘Conditions of Sale’: these present conditions of sale.

‘Website’: www.pipa.be

Clause 1 - Object

The purpose of the Conditions of Sale is:

  1. to determine the terms and conditions under which a Consumer is registered and approved by PIPA as a bidder and
  2. to determine the terms and conditions under which PIPA sells a Pigeon to a Purchaser.

The Conditions of Sale are applicable to each Internet Sale.

Clause 2 – Registration and approval as bidder – budget – guarantee

2.1. A Consumer can only make an offer, as determined in clause 3.1., if he has access to a previously approved Account. This implies that he is registered as a bidder on PIPA and is approved by PIPA as a bidder. By means of an approved Account the Purchaser can log in to the Website and bid during so-called auctions.

2.2. The registration of an account is done through the Website. For each Consumer only one account can be registered.

Upon registration of the account by the Consumer, PIPA will approve or decline the Account and, in case of approval, determine the Budget. PIPA expressly reserves the right to decline an Account without having to motivate its decision to do so.

PIPA personally notifies the Consumer, usually by telephone, of the approval of the Account and Budget.

PIPA aims to make a decision about the Account and Budget within 48 hours of registering the account. The Consumer is aware that in certain circumstances (e.g. during holiday periods, in case of unusually busy periods, etc.) this can take longer.

2.3. PIPA has the right to adjust the Budget (upwards as well as downwards) at any given moment after approval of the Account. At any time the Consumer is able to check the level of his Budget in his auction profile.

2.4. The Consumer accepts that he can only make bids that are within the Budget allocated to him.

2.5. PIPA furthermore has the right to request from the Consumer, holder of the Account, a deposit or guarantee (hereinafter: “Guarantee”), be it as a precondition of approval of the Account, or as a precondition at a later time to be able to keep making bids by means of the Website (e.g. when the Budget is increased or when the bids consist of larger amounts). PIPA has the right to set the height and nature of the Guarantee, but in doing so will take into account the determined or the to be determined Budget.

The Guarantee, for example, can (non-exhaustively) consist of the deposit of a determined amount of money on PIPA’s company bank account, against which the Consumer agrees the Invoice Amount to be offset so only the remaining balance will need to be paid by the Purchaser to PIPA. The deposited amount therefore acts as a Guarantee on the one hand and as an advance payment on the other in case a sale is made.

Should the Account be closed, either on the initiative of PIPA, or on the initiative of the Consumer, the remaining balance of this amount of money is transferred back to the Consumer to the extent that all amounts the Consumer was liable for to PIPA were settled.

PIPA furthermore has the right to ask for an additional Guarantee if the situation warrants it (e.g. when the holder of the Account wants to bid on pigeons with a higher bid amount for which the currently set Guarantee does not suffice).

In any case, as long as the requested Guarantee was not fulfilled the Consumer can place no (more) bids.

Clause 3 – Establishment of the purchase agreement between PIPA and the Purchaser

3.1. The offer of the Purchaser

The description of the pigeon or pigeons and/or the photographs of the pigeon or pigeons on the Website merely constitute an invitation from PIPA to receive a binding offer to Purchase; the description and/or the photographs in no way shape or form constitute a binding offer to Sale from PIPA.

The Purchaser who wishes to purchase a pigeon described and/or displayed on the Website, makes a binding offer to PIPA mentioning the price he offers by means of the Website (for the procedure: www.pipa.be) before the closing of the auction period as specified on the Website.

The Purchaser is aware that PIPA is not obligated to accept this offer, even if the offer is the highest offer that PIPA has received during the relevant bidding period.

In any case, PIPA reserves the right to request additional information from the Purchaser after receiving the Purchaser’s offer.

3.2. Establishment of the purchase agreement by PIPA’s acceptance of the Purchaser’s offer

The purchase agreement between PIPA and the Purchaser is established when PIPA accepts the Purchaser’s offer to purchase the Pigeon.

PIPA will send the Purchaser a confirmation e-mail within 48 hours after accepting the aforementioned offer from the Purchaser.

Clause 4 – PIPA’s obligation to deliver

  • The identity of the Pigeon, subject to proof to the contrary of the Purchaser, is demonstrated sufficiently by PIPA through means of the pedigree/family tree and the ring card with the exception of those countries in which the same is not foreseen by a Federation, such as the Koninklijke Belgische Duivenliefhebbersbond VZW [Royal Belgian Pigeon Fanciers Federation] or by an equivalent foreign entity, in which case the leg ring will demonstrate the identity of the Pigeon). The pedigree/family tree, unless otherwise agreed by the Parties, are transferred by PIPA to the Purchaser either at the time of the delivery of the Pigeon or shortly after the delivery by mail.   
  • In view of the nature of the good that is being sold, being that it is a living animal, the Purchaser recognizes that the eventual infertility or reduced fertility of the Pigeon, notwithstanding the efforts undertaken by PIPA in this regard and as detailed hereafter, does not have any influence on the conformity of the delivered product;
     
  • In view of the nature of the good that is being sold, being that it is a living animal, the Purchaser recognizes that the perfect health of the Pigeon, notwithstanding the efforts undertaken by PIPA in this regard and as detailed hereafter, is not required for the fulfilment on the part of PIPA of their delivery obligations.

Clause 5 – Remaining obligations of PIPA

5.1. Health/Condition

5.1.1. PIPA commits to impose an obligation upon its supplier(s)/pigeon fancier(s) to deliver the Pigeon in good condition. A pigeon in good condition shows:

  • normal white ceres
  • has sufficient muscle tissue next to the breastbone
  • has a pale pink throat without mucus
  • shows glossy plumage
  • gives an impression of vitality.

Furthermore, PIPA commits to request of its supplier(s)/pigeon fancier(s) proof of vaccination against the paramyxovirus, and this within a period of less than six months prior to the conclusion of the auction period.

 5.1.2. Handling and handling report

A PIPA-expert handles every pigeon that is put in auction “by hand”. Furthermore, the PIPA-expert writes up a handling report for every pigeon that is put in auction. The PIPA-expert, specialist in pigeons and the pigeon sport, carries out the handling with due care and also writes up the handling report with due care.

The intent of the handling is to examine, as much as possible, whether the pigeon is in good condition (as described in clause 5.1.1.). The handling report is meant to be an internal quality control (within PIPA) and, when possible, as a way to give out extra information about certain qualities of the pigeon to the Purchaser.

The Purchaser is aware and accepts that both the handling and the handling report are non-binding, seen as they constitute a subjective assessment made by the specialist (as such the specialist can for example have a different preference than the Purchaser himself or for example have a different opinion of what makes up vitality in a pigeon, what makes up a strong back, etc.).

5.2. DNA-certificate

5.2.1. In the event in which the sale concerns a Young Pigeon:

5.2.1.1. Unless mentioned otherwise on the Website in relation to a specific auction, PIPA commits to deliver a DNA-certificate with a Young Pigeon without performances.

PIPA will deliver this DNA-certificate to the Purchaser no later than at the delivery of the Young Pigeon, object of the purchase agreement.

This DNA-certificate shows, with a high degree of certainty, the genetic relationship between the Young Pigeon and its parents or one of its parents (in the event in which only one of the parents is relevant or is available). The aforementioned DNA certificate cannot be delivered in the event in which both of the parents, or the relevant parent, are/is predeceased or are/is not available.

5.2.1.2 As an exception to clause 5.2.1.1., PIPA will not deliver a DNA-certificate for a Young Pigeon in the following cases:

(a) a Young Pigeon that has been raced and for which racing performances can be shown or

(b) a Young Pigeon PIPA does not directly acquire from the breeder of the pigeon.

5.2.2. In the event in which the sale does not concern a Young Pigeon:

5.2.2.1 In the event in which one is dealing with a pigeon that has a purchase price exceeding 25,000 Euros, the Purchaser is entitled, within the first 24 hours of the conclusion of the auction period, to send an explicit written request to PIPA (by e-mail to:  sales@pipa.be) for the delivery of a DNA-certificate. In the aforementioned case, PIPA will instruct the pigeon fancier/supplier to breed a child in view of the preparation of a DNA-certificate.

This DNA-certificate shows, with a high degree of certainty, the genetic relationship between the individual pigeon, which is the object of the purchase agreement, and the child that was bred of the relevant pigeon following the conclusion of the auction period.  This DNA-certificate therefore demonstrates that the individual pigeon, which is the object of the purchase agreement, is fertile.  The Purchaser declares that he is aware that the preparation of a DNA-certificate will require approximately 14 weeks.

5.2.2.2 In the event in which the DNA-certificate indicated in clause 5.2.2.1. is not transmitted to the Purchaser within sixteen weeks following notification of the request of the same by the Purchaser to PIPA, the Purchaser is then entitled to cancel the purchase of the relevant pigeon, which is the object of the purchase agreement. In the aforementioned case, within seven business days of the written notification (sent by e-mail to: sales@pipa.be) made by the Purchaser to PIPA of the decision to cancel the purchase, PIPA is required to reimburse the purchase price to the Purchaser to the extent that the same has already been paid to PIPA. In the aforementioned case, the Parties reciprocally declare that no further compensation can be sought.

5.2.2.3. In the event in which the Purchaser does not request a DNA-certificate, as described in clause 5.2.2.1., within the aforementioned time period of 24 hours, PIPA can at no time be held to pay for damages suffered by the Purchaser which are contingent on information that might have been contained in the DNA-certificate, had the same indeed been requested.

5.2.3. The Purchaser accepts that the DNA-certificates described here above satisfactorily demonstrate the lineage and/or fertility of the related pigeons.

Clause 6 - Purchase price - Payment terms – Place of payment

6.1. Purchase price

  • The purchase price which is to be paid by the Purchaser to PIPA for the Pigeon is:
    • the price that is offered by the Purchaser in his binding offer concerning the Pigeon and which is accepted and confirmed by PIPA,
    • to be increased with Belgian VAT (if applicable this is 6%)
  • All amounts are always expressed in EURO. Unless the Parties have agreed otherwise explicitly and in writing, payments are always carried out in EURO.
  • Not included in the aforementioned purchase price:
    • other taxes or fees that are possibly applicable, e.g. import taxes
    • other costs, such as possible bank costs incurred by the Purchaser
    • transport costs for the transport of the Pigeon from the place of delivery as determined in clause 8 to the by the Purchaser desired place. The Purchaser will himself assume responsibility for this transport. At the explicit and exceptional request from the Purchaser PIPA can (help) arrange this transport (in name of and) at the expense of the Purchaser. PIPA reserves the right to bill any relevant costs to the Purchaser.

6.2. Payment methods:

After the establishment of the Purchase agreement between PIPA and the Purchaser, as specified in clause 3.2., PIPA will send an invoice to the Purchaser. Unless the Parties have agreed otherwise, the Purchaser will need to directly pay to PIPA within a period of seven calendar days upon receiving the this invoice the therein mentioned total amount (hereafter: “Invoice Amount”).

The non-payment or incomplete payment of the Invoice Amount within the mentioned period, and in the case the notice of default from PIPA towards this end has remained without consequences during 10 calendar days, is a serious shortcoming and suffices to justify the out-of-court dissolution of the agreement due to non-fulfillment of obligations to the disadvantage of the Purchaser, as determined in clause 13.

6.3. Place of payment

The place of payment is always the business address of PIPA, as indicated here above.

Clause 7 – Transfer of ownership, retention of title and transfer of risk

PIPA will remain owner of the Pigeon until the full Invoice Amount has been received by PIPA.

The risk relevant to the Pigeon is transferred to the Purchaser upon delivery, as determined hereafter.

Clause 8 – Further provisions of delivery

8.1. The place of delivery of the Pigeon is, depending on the circumstances, (i) the residence or location of the pigeon fancier/supplier from whom PIPA has purchased the Pigeon, (ii) the Business Address of PIPA, as indicated here above, (iii) or, in appropriate cases, at the premises of the first carrier which is established in Belgium. As determined by clause 3.1, the desired place of delivery will, at the latest, be communicated at the time of the offer by the Purchaser to PIPA.

(i) In the event in which the place of delivery is the residence or location of the pigeon fancier/supplier, it is deemed that the Pigeon, or as the case may be, an individual pigeon which is the object of this purchase agreement, has been delivered by PIPA to the Purchaser at the moment in which acknowledgement has been given of the delivery of the Pigeon, or of the individual pigeon, to the residence or location of the pigeon fancier/supplier.

(ii) In the event in which the place of delivery is the Business Address of PIPA, it is deemed that the Pigeon, or, as the case may be, an individual pigeon which is the object of this purchase agreement, has been delivered by PIPA to the Purchaser at the moment in which acknowledgement has been given of the delivery of the Pigeon, or of the individual pigeon, to the Business Address of PIPA, as indicated here above.

(iii) In the event in which the place of delivery is the location of the first carrier in Belgium, it is deemed that the Pigeon, or, as the case may be, an individual pigeon which is object of the purchase agreement, has been delivered by PIPA to the Purchaser by means of the delivery thereof to the premises of the first carrier established in Belgium.

8.2. PIPA commits to deliver the Pigeon as determined here above, no later than six months following the completion of the auction period, without prejudice to clause 8.4.

In the event in which the Purchaser has selected the premises of the first carrier in Belgium as the place of delivery, yet through circumstances over which PIPA has no control (for example export prohibition), the Pigeon cannot be (usefully) delivered to the premises of the first carrier prior to the expiry of the term of delivery, the place of delivery becomes the residence or location of the pigeon fancier/supplier.

8.3. As seller, PIPA is not responsible for the transportation of the Pigeon from the place of delivery, as determined here above, to a final address determined as the case may be by the Purchaser.  Accordingly, PIPA is in no case accountable for the transportation from the place of delivery as determined here above, even in the case in which PIPA might have enabled any action to facilitate this transportation, and this even if PIPA might have accepted an individual instruction from the Purchaser for this purpose.

8.4. In no case can PIPA be obliged to deliver the Pigeon prior to receipt of the Invoice Amount.

Clause 9 - Disputes

Any lack of conformity must be notified within two months of its discovery to PIPA by means of registered mail.  Any lack of conformity that is not notified in a timely manner, can in no case lead to any liability on the part of PIPA.

Clause 10 – Measures to be taken by the Purchaser in the event of death or illness of the Pigeon

The Purchaser also commits to immediately and no later than within 24 hours notify PIPA (at the business address) in the event in which an illness of the Pigeon is determined upon arrival of the Pigeon at the Purchaser. In the event in which death is determined at the time of arrival of the Pigeon at the Purchaser, the Purchaser is required to report this to PIPA (to the business address) within 24 hours following determination thereof.

The aforementioned notifications in the case of death or illness must be made through sales@pipa.be, and in the case of death, it is required that supporting photos of the death be attached. The aforementioned notifications, amongst other things, must allow, in the case in which PIPA were to determine it to be necessary, that the necessary examinations be carried out by a qualified veterinarian and to make a statement on this. Furthermore, the family tree (pedigree), ring card and ring of the deceased Pigeon must be handed over to PIPA as soon as possible.

Clause 11 – Exemption clause/limitation of liability of PIPA

Without prejudice to the statutory warranty obligations, PIPA is not liable to the Purchaser for damages suffered by the Purchaser due to a minor fault of PIPA and/or its employees or its agents.

Clause 12 - Force majeure and unforeseen circumstances

PIPA is not responsible and cannot be held to the payment of any compensation to the Purchaser in the case of temporary or permanent lack of performance due to force majeure. Under the term force majeure, one is to understand all causes that lie beyond the control of PIPA, such as among others (however not limited to): strikes, outbreak of bird flu or other illnesses, import or export prohibitions …

In the case of a situation of temporary force majeure that continues for over thirty calendar days, PIPA then has the right to dissolve the purchase agreement, without being liable for any related compensation being owed to the Purchaser.

Clause 13 – Termination: Express termination clause

PIPA has the right to unilaterally terminate the purchase agreement without prior recourse to court action against the Purchaser, in the event of a serious shortcoming of the Purchaser against one or more of its contractual obligations, insofar as the notice of default has not resulted in any remedy for a period of 10 calendar days (in the event in which more than one notice of default is sent, then this term is to be determined on the basis of the first notice of default).  PIPA reserves the right to claim additional damages from the Purchaser.

The non-payment of the full Invoice Amount as determined in clause 6.2. within the therein referred to term, will in any case be considered to be a sufficiently serious shortcoming of the Purchaser to entitle a unilateral, non-judicial termination by PIPA of the purchase agreement.

In case of a termination of the purchase agreement PIPA may also delete the Account.

Clause 14 – Proof between Parties

The Parties accept electronic evidence (amongst others by means of e-mail …)

Clause 15 - Severability

A contractual provision of the Conditions of Sale that is declared to be wholly or partially invalid or otherwise unenforceable (for example, because on the basis of the Law it is considered unwritten), is by operation of law deemed to be no longer a part of the Conditions of Sale, this without affecting the validity or the enforceability of the remaining provisions.

Clause 16 – Processing of personal data

PIPA processes personal data as a part of the registration of accounts and as a part of the purchase agreements it makes. PIPA processes personal data in compliance with the privacy statement which you can find here https://auctions.pipa.be/en/privacy-policy.

PIPA respects the applicable regulations governing the protection of personal data among which the general data protection regulation (Directive (EU) 2016/679 of April 27th 2016) and possible relevant national transposition law. For further information, questions or remarks on our privacy policy, please contact us through our contact form: https://www.pipa.be/contact.

Clause 17 – Applicable legal provisions

17.1. The purchase agreement between PIPA and the Purchaser is governed by the Conditions of Sale. Prior general conditions and contrary terms and conditions of the Purchaser (regardless of their date) are not applicable under any circumstance.

Only the Conditions of Sale drafted in the Dutch language govern the purchase agreement between Parties. PIPA is not responsible for any translation errors or deviations contained in translated general conditions of sale and/or on the Website.

17.2. The Belgian law applies, excluding the rules of the Belgian International Private Law.

Clause 18 – Jurisdiction

All disputes between the Parties that result from or are related to the validity, the execution and/or interpretation, and/or the termination of the purchase agreement, including the Conditions of Sale, are submitted to the jurisdiction of the Belgian courts, in particular the courts of Ghent, which hold exclusive jurisdiction.


GENERAL CONDITIONS OF SALE RELATING TO INTERNET SALES BY PIPA TO MERCHANTS

These general conditions of sale apply between the following parties:

PIPA TRADING BVBA (hereinafter “PIPA”), a company under Belgian law, with its registered office at Eentveldstraat 18, 9910 Aalter, in Belgium, registered with the Crossroads Bank for Enterprises under number 0885.597.924;

And:

the Purchaser, as defined hereafter under ‘definitions’;

Preamble

PIPA is an enterprise that is known worldwide as a seller of pigeons. PIPA has a website (www.pipa.be), on which the online sale of pigeons is organized by means of a bidding system or a so-called auction.

These general conditions of sale govern the online sales made by PIPA.

It is important to note that these general conditions of sale are only applicable if you are a Merchant (as defined hereafter under ‘definitions’) and that you have access to an approved bidding account on PIPA’s website. This means you will first need to be registered on PIPA’s website as a bidder and PIPA must approve you as a bidder.

Definitions

In these general conditions of sale the following terms highlighted with a capitalized first letter have the following meaning:

‘Account’: a registered account.

‘Business Address’: the address of the registered office of PIPA as mentioned above.

‘Budget’: the maximum amount coupled to a PIPA-approved Account, which the total amount of bids per weekend cannot exceed.

‘Merchant’: all other persons (both natural as legal persons) than the natural person who act for purposes which are not related to their professional or commercial activities.

‘Pigeon’: the pigeon or pigeons which are identified in the purchase offer made by the Purchaser (as defined hereinafter) by means of the Website (as defined hereinafter).

‘Invoice Amount’: has its meaning determined in clause 6.2 of these general conditions of sale.

‘Internet Sale’: any sale made by PIPA to the Purchaser (as defined hereinafter) who by means of the Website (as defined hereinafter) made a binding offer.

‘Young Pigeon’: a pigeon or pigeons that are born in one of the two calendar years in which the Auction Season (as defined hereinafter) in progress runs its course (e.g. if the auction season starts August 1st 2019 and ends July 31st 2020, the pigeon or pigeons must either be born in 2019 or 2020).

‘Purchaser’: a Merchant who prior to or during the auction was registered as a bidder on PIPA and is approved by PIPA as a bidder and who therefore has access to an approved Account.

‘Parties’: PIPA and the Purchaser.

‘Auction Season’: spans from August 1st of a given calendar year to July 31st of the next calendar year (e.g. from August 1st 2019 up to and including July 31st 2020).

 ‘Conditions of Sale’: these present conditions of sale.

‘Website’: www.pipa.be

Clause 1 - Object

The purpose of the Conditions of Sale is:

  1. to determine the terms and conditions under which a Merchant is registered and approved by PIPA as a bidder and
  2. to determine the terms and conditions under which PIPA sells a Pigeon to a Purchaser.

The Conditions of Sale are applicable to each Internet Sale.

Clause 2 – Registration and approval as bidder – budget – guarantee

2.1. A Merchant can only make an offer, as determined in clause 3.1., if he has access to a previously approved Account. This implies that he is registered as a bidder on PIPA and is approved by PIPA as a bidder. By means of an approved Account the Purchaser can log in to the Website and bid during so-called auctions.

2.2. The registration of an account is done through the Website. For each Merchant only one account can be registered.

Upon registration of the account by the Merchant, PIPA will approve or decline the Account and, in case of approval, determine the Budget. PIPA expressly reserves the right to decline an Account without having to motivate its decision to do so.

PIPA personally notifies the Merchant, usually by telephone, of the approval of the Account and Budget.

PIPA aims to make a decision about the Account and Budget within 48 hours of registering the account. The Merchant is aware that in certain circumstances (e.g. during holiday periods, in case of unusually busy periods, etc.) this can take longer.

2.3. PIPA has the right to adjust the Budget (upwards as well as downwards) at any given moment after approval of the Account. At any time the Merchant is able to check the level of his Budget in his auction profile.

2.4. The Merchant accepts that he can only make bids that are within the Budget allocated to him.

2.5. PIPA furthermore has the right to request from the Merchant, holder of the Account, a deposit or guarantee (hereinafter: “Guarantee”), be it as a precondition of approval of the Account, or as a precondition at a later time to be able to keep making bids by means of the Website (e.g. when the Budget is increased or when the bids consist of larger amounts). PIPA has the right to set the height and nature of the Guarantee, but in doing so will take into account the determined or the to be determined Budget.

The Guarantee, for example, can (non-exhaustively) consist of the deposit of a determined amount of money on PIPA’s company bank account, against which the Merchant agrees the Invoice Amount to be offset so only the remaining balance will need to be paid by the Purchaser to PIPA. The deposited amount therefore acts as a guarantee on the one hand and as an advance payment on the other in case a sale is made.

Should the Account be closed, either on the initiative of PIPA, or on the initiative of the Merchant, the remaining balance of this amount of money is transferred back to the Merchant to the extent that all amounts the Merchant was liable for to PIPA were settled.

PIPA furthermore has the right to ask for an additional Guarantee if the situation warrants it (e.g. when the holder of the Account wants to bid on pigeons with a higher bid amount for which the currently set Guarantee does not suffice).

In any case, as long as the requested Guarantee was not fulfilled the Merchant can place no (more) bids.

Clause 3 – Establishment of the purchase agreement between PIPA and the Purchaser

3.1. The offer of the Purchaser

The description of the pigeon or pigeons and/or the photographs of the pigeon or pigeons on the Website merely constitute an invitation from PIPA to receive a binding offer to Purchase; the description and/or the photographs in no way shape or form constitute a binding offer to Sale from PIPA.

The Purchaser who wishes to purchase a pigeon described and/or displayed on the Website, makes a binding offer to PIPA mentioning the price he offers by means of the Website (for the procedure: www.pipa.be) before the closing of the auction period as specified on the Website.

The Purchaser is aware that PIPA is not obligated to accept this offer, even if the offer is the highest offer that PIPA has received during the relevant bidding period.

In any case, PIPA reserves the right to request additional information from the Purchaser after receiving the Purchaser’s offer.

3.2. Establishment of the purchase agreement by PIPA’s acceptance of the Purchaser’s offer

The purchase agreement between PIPA and the Purchaser is established when PIPA accepts the Purchaser’s offer to purchase the Pigeon.

PIPA will send the Purchaser a confirmation e-mail within 48 hours after accepting the aforementioned offer from the Purchaser.

Clause 4 – PIPA’s obligation to deliver

  • The identity of the Pigeon, subject to proof to the contrary of the Purchaser, is demonstrated sufficiently by PIPA through means of the pedigree/family tree and the ring card with the exception of those countries in which the same is not foreseen by a Federation, such as the Koninklijke Belgische Duivenliefhebbersbond VZW [Royal Belgian Pigeon Fanciers Federation] or by an equivalent foreign entity, in which case the leg ring will demonstrate the identity of the Pigeon). The pedigree/family tree, unless otherwise agreed by the Parties, are transferred by PIPA to the Purchaser either at the time of the delivery of the Pigeon or shortly after the delivery by mail. 
  • In view of the nature of the good that is being sold, being that it is a living animal, the Purchaser recognizes that the eventual infertility or reduced fertility of the Pigeon, notwithstanding the efforts undertaken by PIPA in this regard and as detailed hereafter, does not have any influence on the conformity of the delivered product;
     
  • In view of the nature of the good that is being sold, being that it is a living animal, the Purchaser recognizes that the perfect health of the Pigeon, notwithstanding the efforts undertaken by PIPA in this regard and as detailed hereafter, is not required for the fulfilment on the part of PIPA of their delivery obligations.

Clause 5 – Remaining obligations of PIPA

5.1. Health/Condition

5.1.1. PIPA commits to impose an obligation upon its supplier(s)/pigeon fancier(s) to deliver the Pigeon in good condition. A pigeon in good condition shows:

  • normal white ceres
  • has sufficient muscle tissue next to the breastbone
  • has a pale pink throat without mucus
  • shows glossy plumage
  • gives an impression of vitality.

Furthermore, PIPA commits to request of its supplier(s)/pigeon fancier(s) proof of vaccination against the paramyxovirus, and this within a period of less than six months prior to the conclusion of the auction period.

 5.1.2. Handling and handling report

A PIPA-expert handles every pigeon that is put in auction “by hand”. Furthermore, the PIPA-expert writes up a handling report for every pigeon that is put in auction. The PIPA-expert, specialist in pigeons and the pigeon sport, carries out the handling with due care and also writes up the handling report with due care.

The intent of the handling is to examine, as much as possible, whether the pigeon is in good condition (as described in clause 5.1.1.). The handling report is meant to be an internal quality control (within PIPA) and, when possible, as a way to give out extra information about certain qualities of the pigeon to the Purchaser.

The Purchaser is aware and accepts that both the handling and the handling report are non-binding, seen as they constitute a subjective assessment made by the specialist (as such the specialist can for example have a different preference than the Purchaser himself or for example have a different opinion of what makes up vitality in a pigeon, what makes up a strong back, etc.).

5.2. DNA-certificate

5.2.1. In the event in which the sale concerns a Young Pigeon:

5.2.1.1. Unless mentioned otherwise on the Website in relation to a specific auction, PIPA commits to deliver a DNA-certificate with a Young Pigeon without performances.

PIPA will deliver this DNA-certificate to the Purchaser no later than at the delivery of the Young Pigeon, object of the purchase agreement.

This DNA-certificate shows, with a high degree of certainty, the genetic relationship between the Young Pigeon and its parents or one of its parents (in the event in which only one of the parents is relevant or is available). The aforementioned DNA certificate cannot be delivered in the event in which both of the parents, or the relevant parent, are/is predeceased or are/is not available.

5.2.1.2 As an exception to clause 5.2.1.1., PIPA will not deliver a DNA-certificate for a Young Pigeon in the following cases:

(a) a Young Pigeon that has been raced and for which racing performances can be shown or

(b) a Young Pigeon PIPA does not directly acquire from the breeder of the pigeon.

5.2.2. In the event in which the sale does not concern a Young Pigeon:

5.2.2.1 In the event in which one is dealing with a pigeon that has a purchase price exceeding 25,000 Euros, the Purchaser is entitled, within the first 24 hours of the conclusion of the auction period, to send an explicit written request to PIPA (by e-mail to:  sales@pipa.be) for the delivery of a DNA-certificate. In the aforementioned case, PIPA will instruct the pigeon fancier/supplier to breed a child in view of the preparation of a DNA-certificate.

This DNA-certificate shows, with a high degree of certainty, the genetic relationship between the individual pigeon, which is the object of the purchase agreement, and the child that was bred of the relevant pigeon following the conclusion of the auction period.  This DNA-certificate therefore demonstrates that the individual pigeon, which is the object of the purchase agreement, is fertile.  The Purchaser declares that he is aware that the preparation of a DNA-certificate will require approximately 14 weeks.

5.2.2.2 In the event in which the DNA-certificate indicated in clause 5.2.2.1. is not transmitted to the Purchaser within sixteen weeks following notification of the request of the same by the Purchaser to PIPA, the Purchaser is then entitled to cancel the purchase of the relevant pigeon, which is the object of the purchase agreement. In the aforementioned case, within seven business days of the written notification (sent by e-mail to: sales@pipa.be) made by the Purchaser to PIPA of the decision to cancel the purchase, PIPA is required to reimburse the purchase price to the Purchaser to the extent that the same has already been paid to PIPA. In the aforementioned case, the Parties reciprocally declare that no further compensation can be sought.

5.2.2.3. In the event in which the Purchaser does not request a DNA-certificate, as described in clause 5.2.2.1., within the aforementioned time period of 24 hours, PIPA can at no time be held to pay for damages suffered by the Purchaser which are contingent on information that might have been contained in the DNA-certificate, had the same indeed been requested.

5.2.3. The Purchaser accepts that the DNA-certificates described here above satisfactorily demonstrate the lineage and/or fertility of the related pigeons.

Clause 6 - Purchase price - Payment terms – Place of payment

6.1. Purchase price:

  • The purchase price, which is to be paid by the Purchaser to PIPA for the Pigeon, is the price that is offered by the Purchaser in his binding offer concerning the Pigeon and which is accepted and confirmed by PIPA.
  • All amounts are always expressed in EURO. Unless the Parties have agreed otherwise explicitly and in writing, payments are always carried out in EURO.
  • Not included in the aforementioned purchase price:
    • Any value added tax (VAT) as far as it’s applicable
    • other taxes or fees that are possibly applicable, e.g. import taxes
    • other costs, such as possible bank costs incurred by the Purchaser
    • transport costs for the transport of the Pigeon from the place of delivery as determined in clause 8 to the by the Purchaser desired place. The Purchaser will himself assume responsibility for this transport. At the explicit and exceptional request from the Purchaser PIPA can (help) arrange this transport (in name of and) at the expense of the Purchaser. PIPA reserves the right to bill any relevant costs to the Purchaser.

6.2 Payment methods:

After the establishment of the Purchase agreement between PIPA and the Purchaser, as specified in clause 3.2., PIPA will send an invoice to the Purchaser. Unless the Parties have agreed otherwise, the Purchaser will need to directly pay to PIPA within a period of seven calendar days upon receiving the this invoice the therein mentioned total amount (hereafter: “Invoice Amount”).

The non-payment or incomplete payment of the Invoice Amount within the mentioned period, and in the case the notice of default from PIPA towards this end has remained without consequences during 10 calendar days, is a serious shortcoming and suffices to justify the out-of-court dissolution of the agreement due to non-fulfillment of obligations to the disadvantage of the Purchaser, as determined in clause 13.

6.3. Place of payment

The place of payment is always the business address of PIPA, as indicated here above.

Clause 7 – Transfer of ownership, retention of title and transfer of risk

PIPA will remain owner of the Pigeon until the full Invoice Amount has been received by PIPA.

The risk relevant to the Pigeon is transferred to the Purchaser upon delivery, as determined hereafter.

Clause 8 – Further provisions of delivery

8.1. The place of delivery of the Pigeon is, depending on the circumstances, (i) the residence or location of the pigeon fancier/supplier from whom PIPA has purchased the Pigeon, (ii) the Business Address of PIPA, as indicated here above, (iii) or, in appropriate cases, at the premises of the first carrier which is established in Belgium. As determined by clause 3.1, the desired place of delivery will, at the latest, be communicated at the time of the offer by the Purchaser to PIPA.

(i) In the event in which the place of delivery is the residence or location of the pigeon fancier/supplier, it is deemed that the Pigeon, or as the case may be, an individual pigeon which is the object of this purchase agreement, has been delivered by PIPA to the Purchaser at the moment in which acknowledgement has been given of the delivery of the Pigeon, or of the individual pigeon, to the residence or location of the pigeon fancier/supplier.

(ii) In the event in which the place of delivery is the Business Address of PIPA, it is deemed that the Pigeon, or, as the case may be, an individual pigeon which is the object of this purchase agreement, has been delivered by PIPA to the Purchaser at the moment in which acknowledgement has been given of the delivery of the Pigeon, or of the individual pigeon, to the Business Address of PIPA, as indicated here above.

(iii) In the event in which the place of delivery is the location of the first carrier in Belgium, it is deemed that the Pigeon, or, as the case may be, an individual pigeon which is object of the purchase agreement, has been delivered by PIPA to the Purchaser by means of the delivery thereof to the premises of the first carrier established in Belgium.

8.2. PIPA commits to deliver the Pigeon as determined here above, no later than six months following the completion of the auction period, without prejudice to clause 8.4.

In the event in which the Purchaser has selected the premises of the first carrier in Belgium as the place of delivery, yet through circumstances over which PIPA has no control (for example export prohibition), the Pigeon cannot be (usefully) delivered to the premises of the first carrier prior to the expiry of the term of delivery, the place of delivery becomes the residence or location of the pigeon fancier/supplier.

8.3. As seller, PIPA is not responsible for the transportation of the Pigeon from the place of delivery, as determined here above, to a final address determined as the case may be by the Purchaser.  Accordingly, PIPA is in no case accountable for the transportation from the place of delivery as determined here above, even in the case in which PIPA might have enabled any action to facilitate this transportation, and this even if PIPA might have accepted an individual instruction from the Purchaser for this purpose.

8.4. In no case can PIPA be obliged to deliver the Pigeon prior to receipt of the Invoice Amount.

Clause 9 - Disputes

9.1. The visible defects and the non-conformity must be reported in written form to PIPA (by e-mail at: sales@pipa.be) within 24 hours upon the delivery of the Pigeon, as determined in clause 8.

9.2. Each hidden defect must be reported to PIPA in registered written form within ten calendar days after being observed. A defect that is not reported timely will in no case give rise to any liability of PIPA.

In any case, no hidden defects can be reported nor any legal claims thereof be brought if six months have passed since the delivery of the relevant pigeon, as determined in clause 8.

9.3. In view of the nature of the goods being sold, i.e. live animals, notwithstanding what is determined in clause 5.2., fertility of the Pigeon is in no way guaranteed.

Clause 10 – Measures to be taken by the Purchaser in the event of death or illness of the Pigeon

PIPA points the Purchaser to the fact that the perfect health at the time of establishing the sale or at the time of delivery as determined in clause 8, cannot be guaranteed in view of the nature of the goods being sold, i.e. live animals, notwithstanding the efforts made by PIPA therein. This implies that the Pigeon, notwithstanding PIPA’s handling of the Pigeon prior to the auction as described in clause 5.1.2., can become ill or may die after the sale thereof.

Notwithstanding the aforementioned and solely to make observations possible, in the case an illness is determined the Purchaser commits himself to report this to PIPA (at the business address) immediately and no more than 24 hours later.

In the case the death of the Pigeon is determined at the moment of arrival of the Pigeon at the Purchaser, the Purchaser must report this to PIPA (at the business address) within 24 hours after determining this.

The aforementioned notifications in the case of death or illness must be made through sales@pipa.be, and in the case of death, it is required that supporting photos of the death be attached. The aforementioned notifications, amongst other things, must allow, in the case in which PIPA were to determine it to be necessary, that the necessary examinations be carried out by a qualified veterinarian and to make a statement on this. Furthermore, the family tree (pedigree), ring card and ring of the deceased Pigeon must be handed over to PIPA as soon as possible.

Clause 11 – Exemption clause/limitation of liability of PIPA

11.1. PIPA is not liable to the Purchaser for damages suffered by the Purchaser as a consequence of the minor or major personal wrongdoing of PIPA and/or as a consequence of any wrongdoing, including deliberate or major wrongdoing, of its agents. This exemption of liability will however not be valid in those cases and to the extent in which it is forbidden under applicable mandatory law.

11.2. Notwithstanding clause 11.1., for each individual case PIPA can maximally be held accountable to paying an amount equal to the purchase price as determined in clause 6.1.

Clause 12 - Force majeure and unforeseen circumstances

PIPA is not responsible and cannot be held to the payment of any compensation to the Purchaser in the case of temporary or permanent lack of performance due to force majeure. Under the term force majeure, one is to understand all causes that lie beyond the control of PIPA, such as among others (however not limited to): strikes, outbreak of bird flu or other illnesses, import or export prohibitions …

In the case of a situation of temporary force majeure that continues for over thirty calendar days, PIPA then has the right to dissolve the purchase agreement, without being liable for any related compensation being owed to the Purchaser.

Clause 13 – Termination: Express termination clause

PIPA has the right to unilaterally terminate the purchase agreement without prior recourse to court action against the Purchaser, in the event of a serious shortcoming of the Purchaser against one or more of its contractual obligations, insofar as the notice of default has not resulted in any remedy for a period of 10 calendar days (in the event in which more than one notice of default is sent, then this term is to be determined on the basis of the first notice of default).  PIPA reserves the right to claim additional damages from the Purchaser.

The non-payment of the full Invoice Amount as determined in clause 6.2. within the therein referred to term, will in any case be considered to be a sufficiently serious shortcoming of the Purchaser to entitle a unilateral, non-judicial termination by PIPA of the purchase agreement.

In case of a termination of the purchase agreement PIPA may also delete the Account.

Clause 14 – Proof

The Parties accept electronic evidence (amongst others by means of e-mail …)

Clause 15 - Severability

A contractual provision of the Conditions of Sale that is declared to be wholly or partially invalid or otherwise unenforceable (for example, because on the basis of the Law it is considered unwritten), is by operation of law deemed to be no longer a part of the Conditions of Sale, this without affecting the validity or the enforceability of the remaining provisions or if relevant valid parts of the provision in question.

Clause 16 – Processing of personal data

PIPA processes personal data as a part of the registration of accounts and as a part of the purchase agreements it makes. PIPA processes personal data in compliance with the privacy statement which you can find here https://auctions.pipa.be/en/privacy-policy.

PIPA respects the applicable regulations governing the protection of personal data among which the general data protection regulation (Directive (EU) 2016/679 of April 27th 2016) and possible relevant national transposition law. For further information, questions or remarks on our privacy policy, please contact us through our contact form: https://www.pipa.be/contact.

Clause 17 – Applicable legal provisions

17.1. The purchase agreement between PIPA and the Purchaser is governed by the Conditions of Sale. Prior general conditions and contrary terms and conditions of the Purchaser (regardless of their date) are not applicable under any circumstance.

Only the Conditions of Sale drafted in the Dutch language govern the purchase agreement between Parties. PIPA is not responsible for any translation errors or deviations contained in translated general conditions of sale and/or on the Website.

17.2. The Belgian law applies, excluding the Vienna Trade Treaty, the treaty of June 14th 1974 concerning the limitation period in the international sale of goods (“Limitation Treaty”) and the rules of the Belgian International Private Law.

Clause 18 – Jurisdiction

All disputes between the Parties that result from or are related to the validity, the execution and/or interpretation, and/or the termination of the purchase agreement, including the Conditions of Sale, are submitted to the jurisdiction of the Belgian courts, in particular the courts of Ghent, which hold exclusive jurisdiction.