Terms And Conditions for KWPN Auctions compensating the Seller for damages without prejudice to any other rights and pay all associated additional costs, including stabling costs, in which case the Seller will only release the Horse if and when the aforementioned costs have been paid in full. 1.4.5. The Seller must provide the horse’s passport and registration papers to the Buyer upon the obtainment / delivery of the Horse. 1.4.6. The Buyer must observe the required caution and comply with instructions given by or on behalf of the Seller unconditionally and in full in the obtainment / delivery of the purchased Horse. The Buyer is liable for damages caused by or in connection with the obtainment / delivery of the purchased Horse and shall indemnify the KWPN and Seller against claims from third parties in this regard. 1.4.7. When the Buyer has received the purchased Horse from the Seller (the delivery), the Buyer shall assume the risk of the Horse. 1.4.8. Within 7 calendar days of obtainment / delivery of the Horse, the Seller and Buyer shall provide the KWPN written notice of such by submitting a Delivery Contract. 1.4.9. The KWPN holds the right of retention on the Horse until it has been both obtained / delivered and the KWPN has received full payment from the Buyer. 1.5 Transfer of Ownership Ownership of the purchased Horse is transferred to the Buyer (if all conditions are met for a legally valid transfer) at the time of obtainment / delivery as referred to in Article 1.4 of these Terms and Conditions but not before the Buyer has paid the full Purchase Price and any other monies owed to the KWPN, which acts on behalf of the Seller, including those relating to work performed or to be performed on behalf of the Buyer and / or due to failures in the fulfillment of the Purchase Agreement. 1.6 Consumer Buyer’s Right of Withdrawal at an Online Auction 1.6.1. If the Buyer is a Consumer, the Buyer may dissolve a Purchase Agreement with regard to the purchase of a Horse through an Online Auction during a cooling-off period of a maximum of 14 calendar days, without stating reasons, based on the legal right of withdrawal 104 of Article 6: 230o and the Civil Code. Article 1.6 only applies to the purchase of a Horse by a Consumer through an Online Auction. The Seller may ask the Buyer for the reason for withdrawal, but the Buyer is not required to provide a reason(s). The cooling-off period referred to in this article commences on the day after the Buyer, or a third party designated by the Buyer in advance, who is not the transporter of the horse, has received the purchased Horse. 1.6.2. If the Buyer utilizes the statutory right of withdrawal, the Buyer shall report this to the Seller and the KWPN unambiguously in writing within the cooling-off period. As soon as possible but within 14 calendar days from the day following the notification referred to in this article, the Buyer shall return the Horse or hand over the Horse to the Seller. This is not necessary if the Seller has offered to collect the Horse. The Buyer in any case will have observed the return period if he / she returns the Horse before the cooling-off period has expired. 1.6.3. The Buyer shall return the Horse with all accessories and in accordance with reasonable and clear instructions provided by the Seller. 1.6.4. The Buyer shall assume the risk and the burden of proof for the correct and timely exercise of the right of withdrawal. 1.6.5. The Buyer shall pay the costs related to the return. 1.6.6. During the cooling-off period and return of the Horse, the Buyer shall treat the Horse with care and, if provided, according to the instructions of the Seller. 1.6.7. If the Buyer utilizes the statutory right of withdrawal, all supplementary agreements will be dissolved by operation of law. 1.6.8. The Seller shall refund the Purchase Price (including any delivery costs) to the Buyer without delay but within 14 calendar days following the day on which the Buyer reports the withdrawal. Unless the Seller offers to collect the Horse, the Seller may postpone the refund until he or she has received the Horse. 1.6.9. The Seller shall use the same payment method for the refund that the Buyer used to purchase the Horse, unless the Buyer agrees to another method. The refund is free of charge for the Buyer.
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