Conditions of Sale (Online Timed Auction Sales)

A Connemara Pony Sales Online Timed sale is held subject to the Conditions of Sale set out below. All potential Vendors and Purchasers are advised to carefully read these Conditions of Sale.

1. Definitions
   1. Bidding Closing Time means 10pm Monday 13th October 2025 Italian time but subject to the provisions of Condition 2.2.2.
   2. Connemara Pony Sales means Connemara Livestock Sales Ireland 2014 Limited.
   3. Lot means Callowfeenish PJ.
   4. Purchaser means the highest bidder in excess of the reserve price of the Lot at the Bidding Closing Time or who purchases the Lot privately following the Sale
   5. Purchase Price is the price in euro of the highest bid in the online auction, or the price at which it is sold privately.
   6. Sale means the sale by online auction conducted by Connemara Pony Sales at the Bidding Closing Time.
   7. Sale Price means the price in euro to the highest bidder in the online auction, or the price at which the Lot is sold privately, which is subject to deductions for commission, entry fee and any other charges which may apply.
   8. Vendor means the person, partnership, syndicate or corporation named on the Entry Form as the owner of the Lot.
   9. In these Conditions:
      1. The singular includes the plural and vice versa.
      2. References to persons include bodies corporate, unincorporated associations, governments, states, partnerships and trusts (in each case, whether or not having separate legal personality).
2. The Sale
   1. COMMISSION AND FEES
      1. The Vendor will pay commission to Connemara Pony Sales equal to 2.5% of the Sale Price.
      2. The Purchaser will pay commission to Connemara Pony Sales equal to 7% of the Purchase Price.
      3. Connemara Pony Sales reserve the right to charge full commission of 2.5% from the Vendor if the Lot is not sold in the online auction but is sold within 90 calendar days after the conclusion of the online auction to a Purchaser, if that Purchaser was an online bidder, that Purchaser shall be liable to Connemara Pony Sales for the Purchaser’s commission of 7% based on the Purchase Price.
      4. All fees and commissions are subject to VAT.
   2. BIDDING
      1. Every bidder must register as a user of Connemara Pony Sales Online in advance of the online sale and furnish to Connemara Pony Sales all details as it shall require. Subject to approval by Connemara Pony Sales, the bidder will be issued with a log-in number to access the online auction and shall be deemed to have read and accepted the bidding instructions on the online bidding platform.
      2. The timing of the online timed auction is from Friday 10th October 2025 at 10am Italian time until Monday 13th October 2025 at 10pm Italian time. However, if a bid is placed within the final one minute prior to the Bidding Closing Time, the Sale will automatically be reset to close in one minute, and this will be repeated until a period of one minute has passed without a further bid being placed.
      3. The auction shall be conducted in euro. Once a bid is placed, it cannot be withdrawn.
      4. A current bid on the Lot will be found on the Connemara Pony Sales website. A validated bid will be confirmed by an email sent to the address provided by the bidder. If a higher bid is subsequently placed, this will also be communicated to the underbidder in the same way. Connemara Pony Sales accept no responsibility for the delivery of these notifications to a bidder which is subject to the service provided by the bidder’s internet providers.
      5. The highest bidder in excess of the reserve price at the Bidding Closing Time shall be deemed the Purchaser. Connemara Pony Sales accept no responsibility for the delivery to a bidder of this notification which is subject to the service provided by the bidder’s internet providers.
      6. The Purchase Price and the commission referred to at Condition 2.1.2 shall be paid by the Purchaser to Connemara Pony Sales within 24 hours of the Bidding Closing Time.
      7. Should any dispute arise between two or more bidders, or between Connemara Pony Sales and any bidder, Connemara Pony Sales’ decision shall be binding on all parties. At Connemara Pony Sales’ discretion the Lot may be put up again for auction and resold..
      8. The Lot will remain at the risk of the Vendor until such Sale is concluded and the full Purchase Price paid and Connemara Pony Sales shall not be liable for any payment to the Vendor with respect to the sale being cancelled.
         Any bidder acting on behalf of a Vendor will be deemed to be the Purchaser in the case of any dispute between the Vendor and the bidder acting on their behalf, and the bidder will be responsible for payment of the Purchase Price.
3. Vendor
   1. The Lot is subject to the reserve price which the Vendor shall furnish to Connemara Pony Sales in writing prior to the commencement of the online auction. If the Vendor has not furnished to Connemara Pony Sales the reserve by Friday 10th October 2025 at 9am (Italian time) then the online sale will not proceed.
   2. The Vendor undertakes that the Lot entered for sale by Connemara Pony Sales shall not be sold before the Sale.
   3. The Vendor is solely responsible for the accuracy of its content and the correction of any error or omission. Connemara Pony Sales shall not be liable under any circumstances for any statements made concerning the Lot. The Purchaser and the Vendor acknowledge that Connemara Pony Sales does not accept any liability for any loss resulting from any errors or omissions contained in the catalogue detail or in any written communication concerning the Lot.
   4. The Vendor undertakes to upload a copy of the passport of the Lot at the time of entry to show the Lot’s information and shall furnish prior to the online auction a PDF of the Passport. It will be the sole responsibility of the Vendor to ensure that the Lot’s paperwork is in order and the Vendor will bear the cost of any outstanding paperwork and Connemara Pony Sales will not pay the sales proceeds to the Vendor until the appropriate documentation has been delivered to the Purchaser including the original Passport.
   5. Connemara Pony Sales is not under any obligation to place the sale proceeds on deposit. Unless otherwise instructed by the Vendor, Connemara Pony Sales will issue payment to the Vendor by way of electronic bank transfer or cheque posted by ordinary post to the address provided by the Vendor. The payment to the Vendor in this manner will be deemed to have been made at the time of posting of the cheque by Connemara Pony Sales and all payments are sent at the risk of the Vendor and Connemara Pony Sales will incur no liability to any party as a result of the non-delivery of the cheque to the Vendor.
   6. Where a dispute has arisen between the Vendor, the Purchaser and/or any third party making any claim in relation to the Lot, or where there are competing claims for payment, Connemara Pony Sales may refuse to make payment to the Vendor pending resolution of the dispute. In exercising this right, Connemara Pony Sales will incur no liability to any party, and no interest shall be payable by Connemara Pony Sales on any sale proceeds retained.
   7. The Vendor shall indemnify Connemara Pony Sales in respect of any loss, or liability suffered or costs disbursements or expenses incurred bona fide by Connemara Pony Sales by reason of bringing or defending any proceedings which arise directly or indirectly from any breach of these Conditions of Sale by the Vendor or in relation to the sale of the Lot.
      The Vendor acknowledges that Connemara Pony Sales may disclose any personal data included in the sales entry form (including the identity and ownership interest of the person(s) stated on the sales entry form to be the Vendor(s) of the Lot and the Vendor’s identity and ownership interest, as applicable) to any person in connection with the Sale at Connemara Pony Sales’ absolute discretion (including by publishing the personal data included on the sales entry form which will be available for anyone to inspect). Where the Vendor provides this information on the sales entry form, the Vendor confirms that they are permitted to do so in accordance with the Irish General Data Protection Regulations.
4. Basis Of Sale
   1. There is no term implied that the Lot is of merchantable quality or is fit for any particular purpose. Any term, condition or warranty that might be incorporated into or apply to these Conditions of Sale are excluded to the maximum extent permissible by applicable law. It is the responsibility of the Purchaser to ensure that he is satisfied with the condition of the Lot before bidding. A Purchaser must make his own enquiries and exercise his own judgement as to the value of the Lot.
5. Examination
   1. Following a successful bid, the Purchaser may notify Connemara Pony Sales if an examination by a Veterinary Surgeon nominated by the Purchaser is required. Such notification must be made in writing within 24 hours of the completion of the Bidding Closing Time. The right of the Purchaser to request such an examination is subject to the Purchaser having first paid the 25% of the Purchase Price and the commission referred to in Condition 2.1.2 to Connemara Pony Sales.
   2. In the event that the Purchaser so notifies Connemara Pony Sales, the Lot shall remain at the Vendor’s risk and the Purchaser shall arrange for such examination to take place within 7 days of the Bidding Closing Time at the expense of the Purchaser and to be performed on a date and time (within that 7 day period) as agreed between Connemara Pony Sales, the Vendor and the Purchaser by the equine Veterinary Surgeon.
   3. The Vendor shall make the Lot available to the Purchaser and the Veterinary Surgeon at the Vendor’s premises in Italy and the entire cost of the examination shall be the sole responsibility of the Purchaser.
   4. If on such examination a defect is ascertained in the Lot and the appointed equine Veterinary Surgeon is of the opinion in writing (the report to be provided to the Vendor, the Purchaser and Connemara Pony Sales) that such defect would render the Lot not reasonably fit for purpose, then the Purchaser, at his discretion, may terminate the contract to purchase the Lot, return the Lot to the Vendor and obtain a refund of the Purchase Price paid.
   5. The decision of the Veterinary Surgeon will be final and binding on the parties.
   6. If on such examination no such defect is ascertained, the Lot shall pass to the Purchaser and the Purchaser shall take possession of the Lot provided always that the Purchaser has discharged the Purchase Price and has received the relevant papers including the original passport.
   7. If it is decided that the Lot is returnable, the Vendor shall pay Connemara Pony Sales all costs and expenses incurred by Connemara Pony Sales and the amount of the payment shall be fixed by Connemara Pony Sales (acting reasonably) whose decision shall be binding and final on the parties.
   8. The Purchaser may keep the Lot “as is” and the contract shall not be terminated.
6. Disputes
   1. Subject to these Conditions, Connemara Pony Sales act as the agent of both the Vendor and the Purchaser and to this end, Connemara Pony Sales shall use their best endeavours to act to the mutual benefit of both Vendor and Purchaser.
   2. In the event that any dispute arises for whatever reason as between the Vendor and the Purchaser, Connemara Pony Sales, the Vendor and the Purchaser shall be bound by these Conditions of Sale.
   3. Connemara Pony Sales shall not be liable to the Purchaser or to the Vendor in any manner howsoever arising from the Sale of the Lot and in the event of any dispute arising in relation to the Lot, the Vendor’s remedy shall be against the Purchaser and the Purchaser’s remedy shall be against the Vendor.
   4. In the event that the dispute arises as between Vendor and Purchaser in respect of the Lot before Connemara Pony Sales have paid over any of the Purchase Price, Connemara Pony Sales on being notified of the said complaint and dispute between the parties, provided that such a complaint is notified to Connemara Pony Sales shall hold the Purchase Price in its possession in a designated bank account until such time as the dispute is resolved as between the Vendor and Purchaser, they both acknowledging to Connemara Pont Sales that the matter has been so resolved.
   5. In the event that a Vendor or Purchaser initiates legal proceedings, Connemara Pony Sales shall be bound by any Order of Court in relation to the matter.
   6. The Vendor or Purchaser as the case may be, shall immediately indemnify Connemara Pony Sales in respect of any costs incurred resulting from any proceedings arising out of a Sale.
   7. Any dispute arising shall be a dispute between the Vendor and the Purchaser and in no circumstances shall Connemara Pony Sales be liable to either party in connection with such dispute or named as a party to such proceedings. Where Connemara Pony Sales are brought in as a party to any dispute, Connemara Pony Sales will be entitled to payment of their legal and other expenses on a full indemnity basis from the party who joins it in.
7. Private Sales and Transfers
   1. Any sale concluded between a Purchaser and a Vendor within 90 calendar days after the conclusion of the online auction at which the Lot was unsold shall be subject to these Conditions of Sale. The Vendor shall be obligated to notify of a Sale and furnish the Purchase Price and the name of the Purchaser.
8. Passing of Risk and Title
   1. 8.1 The Lot will be at the Vendor’s risk at all times until it leaves the premises of the Vendor when the risk shall pass to the Purchaser.
   2. 8.2 Notwithstanding the passing of risk in this Condition or delivery of the Lot to the Purchaser, the Vendor shall retain title to the Lot until the Sale has been concluded and the Purchaser has accepted possession of the Lot and has paid the Purchase Price and the commission referred to at Condition 2.1.2.
9. Purchasers
   1. Where a Purchaser bids or buys on behalf of another, the Purchaser must
      disclose the name and address of his principal when required by Connemara Pony Sales and both the Purchaser and his principal shall be jointly and severally liable under these Conditions.
   2. Where the Purchaser notifies Connemara Pony Sales after the Sale that the Lot has been bought on behalf of another and asks Connemara Pony Sales to invoice that person (“the Nominee”), Connemara Pony Sales (at its absolute discretion) may agree to do so, on the basis that the Purchaser and the Nominee will be jointly and severally liable to pay the Purchase Price. The Purchaser’s payment obligations in respect of the Lot will only be discharged in the event that the Nominee has paid the whole of the Purchase Price. However, where the Nominee pays part of the sum due but the remainder is unpaid, Connemara Pony Sales’ claim shall be limited to the unpaid sum.
   3. The Purchaser shall indemnify Connemara Pony Sales in respect of any
      loss, or liability suffered or costs disbursements or expenses incurred bona fide by Connemara Pony Sales by reason of bringing or defending any proceedings which arise directly or indirectly from any breach of these Conditions of Sale by the Purchaser or in relation to the sale of the Lot.
10. Connemara Pony Sales Rights/Exclusions and Limitations
    1. In the event of any dispute the Purchaser’s remedy, if any, shall be against the Vendor and the Vendor’s remedy shall be against the Purchaser, and not against Connemara Pony Sales who act as agents between Vendor and Purchaser and shall not be liable as a party in any action or dispute between them.
    2. Connemara Pony Sales reserve the right to charge interest on unpaid accounts at 1.5% per month or part thereof on all accounts which are unpaid 21 days after the date of the Sale.
    3. If for any reason the Lot is purchased and not paid for as hereinbefore provided (notwithstanding if the risk has passed to the Purchaser) then the following provisions shall take effect until payment is received:
       Connemara Pony Sales shall be entitled to retain the Lot, and shall have a lien over the Lot and all documents relating to it for all expenses, including freight, incurred by it or any agent of Connemara Pony Sales during such period of retention. Such lien may be exercised in respect of any other sum due by the Purchaser to Connemara Pony Sales. Connemara Pony Sales shall also be entitled to exercise the said lien over any documents in their possession relating to any other Lot or Lots owned by the Purchaser. A Lot shall not be delivered to the Purchaser until the expenses referred to above have been paid, in addition to the Purchase Price.
       (a) Connemara Pony Sales shall be entitled to repossess the Lot and its progeny from anyone in possession of it.
       (b) Should the Purchaser fail to pay for the Lot then such Lot may at any time be resold by public auction, online auction or private treaty, and the deficiency (if any) resulting from such resale shall immediately be made good by the defaulting Purchaser.
       (c) Nothing in these Conditions shall preclude Connemara Pony Sales and/or the Vendor of the Lot and its progeny from pursuing all legal remedies available to them for the recovering of the Purchase Price from a defaulting Purchaser and all expenses and damages and commission lost resulting from such default.
    4. Any exercise by Connemara Pony Sales of its rights under this Condition shall be without prejudice to any other rights or remedies available to Connemara Pony Sales under these Conditions or otherwise.
11. General
    1. These Conditions of Sale form the entirety of the agreement between Connemara Pony Sales, the Vendor, the Vendor and the Purchaser and no variation shall be valid or binding unless specifically authorised in writing
    2. These Conditions of Sale are to be construed and shall take effect in accordance with Irish Law.
    3. The submission to the jurisdiction of the Courts of Ireland shall not limit the right of Connemara Pony Sales to take proceedings against the Vendor or the Purchaser in any other Court of competent jurisdiction and the taking of proceedings in one or more jurisdictions shall not preclude the taking of proceedings in any other jurisdiction whether concurrently or not.
12. Notices
    1. When any certificate or notice is required to be given to Connemara Pony Sales under these Conditions of Sale, it must be made in writing and sent by post to the registered office of Connemara Pony Sales at Galway Road, Clifden, County Galway or emailed to info@connemaraponysales.com. Any notice required to be given by Connemara Pony Sales to the Vendor or the Purchaser shall be sent by email or post to the address given on the Entry Form or the bidder registration form. Such notice shall be deemed given on the date of delivery or the second day after posting or on the day of transmission depending whether the notice is sent by post or email.