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Conditions of Sale

1. Definitions

For the purposes of these Conditions of Sale, the term:

  • The site: The site of the Provider accessible by Internet at http://www.pigeonsbay.be such in the state where he will be when he will be consulted.
  • The provider: Mr. Fabrice Carlier, carrying on business under the name Pigeonsbay.be, established in Belgium in 7911 Moustier, Coqueréaumont 30 registered in Crossroads Bank for businesses
  • User: any person viewing the website it or not previously registered on the site by communicating personal data.
  • A consumer: means a natural person acting for purposes of length with his professional activity or with his business.
  • A pigeon: pigeon or designated pigeons (s) in the tender offer issued by the Bidder, as defined below, disseminated through the Site.
  • A young pigeon or dove old pigeon (s) up to one year at the beginning of the period of auction.
  • Pigeonsbay.be or Pigeonsbay: means the trade name used by the Service Provider and means.
  • The sale period:  the period, usually lasting a fortnight, during which bids may be submitted for the acquisition of a pigeon offered for sale.
  • The customer or customers: a participant (or participants) at auction process whether seller or buyer.
  • The seller shall designate the person presenting a pigeon for sale on the site Pigeonsbay.
  • The bidder shall designate the person submitting a bid.
  • The buyer shall designate the Bidder whose bid has been selected by Pigeonsbay and that the pigeon is sold.
  • The award: the award of the Pigeon is the Bidder who returned the highest bid or lower offer considered preferable by PIGEONSBAY. The auction raises the contract between the Seller and Buyer.
  • Terms & Conditions:  these conditions, as they are set out below, specifying the procedure auctions between Pigeonsbay, the Sellers and Bidders,

Scope of application

2.1. Anyone over 18 years and have the ability to pass legal acts which wishes to participate as a seller or as Bidder must register in advance on the website to have an account and a password. A person may only register once.

2.2. When registering, Customers are invited to confirm their agreement to the present conditions of sale

2.3. Any participation in the auction on the Website for any purpose whatsoever, is subject to these Terms of Sale.

2.4. These conditions are at any time available on the Site, available to all.

2.5. These conditions apply to the exclusion of all other times those same conditions on any invoices, purchase order or letter from the users or suppliers.

2.6. PIGEONSBAY reserves the right to modify at any time these terms and conditions. The Sellers and Bidders will be notified via email of these changes. These changes will take effect 30 days after notification by email.

Terms of sales

3.1. Sales Periods

3.1.1.Pigeonsbay periodically broadcasts on the Site offers for sale of Pigeons account their breeders owners. These offers are designed to collect binding offers by the Bidders.

3.1.2.La description is provided by the Seller is required to produce certain certificates allowing identification of Pigeon, guaranteeing a recent vaccination and providing a pedigree. This information shall, under its own responsibility, by Seller to PIGEONSBAY.

3.1.3.PIGEONSBAY got the Seller signing a sales indictment for Pigeon concerned. This indictment involves the binding commitment to deliver the Pigeon to the Buyer. PIGEONSBAY not Depositary Pigeon makes no commitment with respect to the Buyer regarding the actual delivery.

3.2. Auction

3.2.1.Pendant the period of sale, a Bidder may make the Site a bid for Pigeon indicating the amount it agrees to pay at the end of the period if its bid is accepted.

3.2.2.Toute offer from a Bidder is a firm commitment, final and irrevocable to pay the price offered under the condition of Pigeon award for his benefit.

3.2.3.Un bidder may intervene in the sale of several Pigeons or bid repeatedly for the same sale.

3.2.4.PIGEONSBAY may at any time suspend the right to bid or submit it to special conditions to ensure the solvency or the exact identification of the Bidder.

3.3. Tender

3.3.1.L'adjudication comes at the end of the sales period for the benefit of the Bidder having submitted the highest bid.

3.3.2.L'adjudication is confirmed within 48 hours by an email sent to jointly Seller and Buyer. The originals of the documents and certificates with the offer PIGEONSBAY are addressed by the Purchaser within three working days of sending the confirmation email.

3.3.3.Le contract is concluded directly between the Seller and the Buyer when sending email confirmation of award under the suspensive condition of payment within the time specified below. As long as a confirmation e-mail is not addressed, no sales agreement is reached between the Seller and Buyer.

3.3.4.PIGEONSBAY reserves the right to retain a lower offer if the circumstances and, if necessary after further verification, it appears that Buyer does not offer sufficient guarantees of solvency or that his identity n is not sufficiently justified.

Payment

4.1. The Adjudication confirmation email contains the indication of the amount payable by classic transfer to the account informed by Pigeonsbay. The price is optionally plus VAT. Shipping fees are not included and are fully paid by the Buyer.

4.2. All payments are made in euros.

4.3. The Buyer shall make the payment within 5 business days after sending the confirmation email to the account of Pigeonsbay.

4.4. The originals of the documents and certificates with the offer and the invoice addressed by PIGEONSBAY the Purchaser within three business days of payment.

Delivery and transfer of risk

5.1.Le place of delivery is always the domicile or seat of the Seller as indicated on the offer for sale.

5.2. The Buyer is obliged to take delivery itself or through a carrier authorized by him, directly from the seller, within 20 days after sending the confirmation email. The Purchaser may agree directly with the other delivery terms Seller.

5.3. Failing removal within 20 days or the date agreed upon directly with the seller, it may require a daily allowance of 20 euros per day of delay, payable directly to the Seller in the abduction.

5.4.Le Seller assumes the risk of Pigeon sold to delivery, provided that the Buyer removes the Pigeon in the agreed time. Once this deadline has passed (over 20 days after sending the confirmation email or such other date agreed between Clients) Pigeon risks are borne by the Buyer even Pigeon remain in the colony seller.

5.5.Lors removal, it is for the Buyer to ensure that the Pigeon meets the conditions of the sale. If so, he signed the discharge of which it leaves the original in the hands of the Seller who shall send a copy to PIGEONSBAY. If not, he refuses the abduction and immediately notify the reasons for its refusal to PIGEONSBAY by email (see the title "Claims" below).

Guarantees and obligations PIGEONSBAY

6.1. PIGEONSBAY is not a traditional auction site. PIGEONSBAY aims contacting Sellers and Bidders Pigeons-Buyers. PIGEONSBAY is not involved in the transaction between Seller and Buyer. Consequently, PIGEONSBAY assumes no control over the quality and characteristics of Pigeons offered for sale, the truth or accuracy in the content or ads Sellers, the ability of Sellers to sell the said property or the ability of Buyers to pay the said objects. PIGEONSBAY can not ensure that the seller or the Purchaser will enter into the transaction.

6.2. Nevertheless in order to promote sales security PIGEONSBAY Sellers requires the following commitments:

the identity of Pigeon result of pedigree and cardboard ring (except for countries where the Federation - as the Royal Belgian Federation Colombophile vzw - or equivalent foreign entities do not provide for, in which case the ring attached to the leg of the pigeon proves the identity of the pigeon).
A certificate of vaccination against paramyxovirus older than six months.
For young or Pigeons Pigeons which PIGEONSBAY believes that auctions are likely to exceed € 10,000, unless otherwise indicated on the Site during the sale, a DNA certificate that shows a virtual certainty with genetic kinship between the Pigeon and his parents or one parent (only in the case where only one parent can be effectively traced or present). The aforementioned DNA certificate can not be issued if each parent or parent is predeceased effectively traced.
the obligation to deliver Pigeon in good physical condition. A pigeon in good health this: one white and normal wattles, sufficient muscle near the sternum, a pale pink throat without mucus, a brilliant plumage gives an impression of vitality.

6.3. PIGEONSBAY assumes no liability for statements by Sellers on the points above or as to the authenticity of the documents and certificates produced by the Sellers.

6.4. Pigeonsbay.be and its owners can not be held responsible for any lot, item or service sold at auction for misrepresentation and / or breach of contract by either buyer and / or seller.

6.5. The Pigeonsbay.be site and its owners can not be held responsible for losses from purchased pigeons.

6.6. Similarly no responsibility can be accepted dependent PIGEONSBAY in case of force majeure such as strikes, animal epidemic, import or export restrictions, due to a prince etc. In case of force majeure persisting longer than 30 days, PIGEONSBAY has the right to terminate without compensation the sale of Pigeons have been the subject of a contract but the buyer has not taken delivery.

6.7. Notwithstanding the provisions of the preceding paragraphs, if PIGEONSBAY held responsible by the competent court, the liability may not exceed the greater of: (a) the total amount of commissions paid by the complainant during the 12 months preceding An action for damages; or (b) EUR 150. In case of persistent refusal of delivery of the Purchaser's responsibility will be limited to PIGEONSBAY full refund of the amount paid by the Buyer.

Obligations of Clients

7.1. The user is solely responsible for his actions on the Site. It is responsible for ensuring that participation in the sale or purchase violates no applicable laws or regulations and in particular, he has the right to sell or buy.

7.2. The User must not transmit or disseminate on or through the Site illegal, vexatious, defamatory, abusive, threatening, harmful, vulgar, obscene or about which encourages conduct that would constitute a criminal offense, give rise to liability or breach of any applicable law or regulation.

7.3. The user must also refrain from:

failing to pay the purchased pigeons.
failing to deliver the pigeons that were bought, unless the Purchaser does not comply with the conditions of delivery or his identity can not be verified;
manipulate the price of an object or you interfere in other users' listings;
circumvent or manipulate our fee structure, the billing process, or fees owed to Pigeonsbay;
distribute viruses or other technologies that may harm Pigeonsbay or interests or property of Pigeonsbay users;
collect in any way whatsoever information about users, including email addresses, without their consent.
Right to temporarily or permanently ban suspend access to the Site

 

8.1. Pigeonsbay.be may, at its discretion, suspend or terminate the use of its services or block a user immediately without notice in case of violation of these conditions.

9. Failure to deliver a Seller

9.1. In case of refusal of the Seller to deliver after adjudication, PIGEONSBAY will return to Seller the entire Adjudication price.

9.2. PIGEONSBAY also restores the price to the Buyer if it refuses to take delivery of a Pigeon which he demonstrates that he does not meet the seller's statements during the sale.

9.3. In such cases, the Seller shall remain liable to PIGEONSBAY the commission provided in the indictment of sale.

9.4. Any failure to deliver a Seller authorizes PIGEONSBAY to permanently ban him access to the Site.

10. Payment default by a Buyer

10.1. Failing for the Buyer to pay the price in the Tender within 5 working days PIGEONSBAY may at the option of the seller, see the resolution of the sale or to the Purchaser notice to pay the price and take delivery . In the latter case, it will be up to the Seller to take legal action to obtain payment of the price.

10.2. Any default in payment of the Buyer authorizes PIGEONSBAY to permanently ban him access to the Site.

11. Interest and penalty clause

11.1. Any amount remaining unpaid by a Party shall bear interest from the date of sending a formal notice to the rate of 6% per annum. In addition, the defaulting party shall be liable to a fixed indemnity equal to 10% of the amount due with a minimum of 250 euros.

12. Complaints

12.1. Any claim by the Buyer must be directed against the Seller and must be made within one month of delivery.

13. Reserved and intellectual property rights

13.1. The content in general (texts, logos, trademarks, artwork, images, photographs, processes, concepts) related Pigeonsbay.be are the exclusive intellectual property of the owner of the Site (or any third party who commissioned). Therefore, any reproduction and / or dissemination partial and / or full by any means whatsoever and on any medium whatsoever is prohibited in accordance with the legal provisions relating to intellectual property.

14. Evidence

14.1. The parties accept electronic evidence (email, backup, ...)

15. Applicable right

15.1. All operations on the site are subject to Belgian law. In case of dispute only the courts of the district of Charleroi are competent.

16. Protection of Privacy

16.1. During user registration and during use of the Site by a registered user PB collects and records the following personal details:

the name, email address, physical contact information, date of birth and occasionally financial information such as bank account numbers;
information relating to transactions on the basis of activities on the Site (such as auctions, purchases, sales and content related to a user account);
shipping information, billing or other;
additional information for authenticating a user (for example, we can ask to send an ID) or other justified ways to gather information to verify the identity of the user;
The personal data collected on the Site www.pigeonsbay.be are recorded in the files managed by Pigeonsbay is the trade name under which Mr. Fabrice Carlier, remaining 7911 Moustier, Coqueréaumont 30 carries on business.

16.2. Pigeonsbay agrees to use the data of its users exclusively under the management of its service offering for sale by auction to direct marketing (mail or email).

16.3. Pigeonsbay.be sells or does not rent personal data to third parties for marketing purposes. Pigeonsbay.be may nevertheless be required to disclose personal information to event organizers directly related to the pigeon or to meet legal obligations to enforce its regulations, to respond to claims related to an advertisement or offending content with the rights of others, or to protect the rights, property or safety of any person.

16.4. The user can review and correct their data and to object at any time to the use of his data to perform direct marketing. Just make a request in writing to Mr Carlier *** *** (address) or via email *** (address) (Law of 8 December 1992).

The use of cookies
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Pigeonsbay does not provide billing final auction, this is dependent companies. Pigeonsbay provide full contact details of the buyer to the selling company that it can contact him for payment or the good (s) purchased (s)!