General Terms and Conditions

General Terms and Conditions of the website www.iwantthewinner.com, the online platform for racehorse owners, trainers, breeders and bloodstock agents, published by I Want the Winner. 

* Version put online on 09/03/2021

Contents:

1. General Terms and Conditions of Use 

1.1 Field of application and definitions

1.2 Online acceptance of the General Terms and Conditions of Use

1.3 Amendments to the General Terms and Conditions of Use

2. Use of the Service

2.1 Buyer account

2.2 Seller account

2.3 Information to be provided by Sellers

2.4 Exclusivity

2.5 Nomination searches 

2.6 Nomination offer publication

2.7 Nomination bookings 

2.8 Nomination insurance

2.9 Invoicing and payments

3. Searches for purchases and sales of young horses, broodmares, horses-in-training, syndicated horses and stallions

4. Sellers’ obligations

5. Buyers’ obligations

6. Commitments

7. Veterinary records

8. Sellers’ costs

9. Buyers’ costs

10. Payment of bloodstock agents VAT

11. Billing and payments

12. Management of disputes between Members

13. Liability

14. Interruption and suspension of access to the service and/or the site

15. Disputes and statute of limitations

16. Contact details

 

1. General Terms and Conditions of Use 

  1. 1.1 Field of application and definitions 

These general terms and conditions apply to the services offered by the website www.iwantthewinner.com.

The online service platform for bloodstock agents and racehorse breeders and owners is published by I Want the Winner, a SAS (French simplified joint-stock company) with capital of €5,000, Paris Trade and Companies Register no. 841 979 081, with its registered office at 66 avenue de Breteuil, 75007 Paris, hereinafter “I Want the Winner”.

The site is hosted by DRI, a SAS with capital of €25,050, Le Mans Trade and Companies Register no. 439 537 705, with its registered office at 28 rue de Villeneuve, 72650 St Saturnin.

Photo credit: Studio Delaroque, 11 rue des Fosses, 50300 Avranches

Publication manager: Christophe German

Design: CTWEB, 11 Rue Jean Bart, 29100 Douarnenez

“I Want the Winner”: The company publishing services for racehorse owners, trainers, breeders and bloodstock agents on the website www.iwantthewinner.com

“Platform”: The websites www.iwantthewinner.com and, more generally, any website or mobile app published or jointly published by I Want the Winner, or any site authorised by I Want the Winner to provide the information published on the above sites and offering similar services

“Breeder”: Individual or legal entity whose main or secondary activity is breeding racehorses

“Nomination”: Annual right attached to a share in a stallion, to bring a mare to be covered by this stallion for breeding purposes

“Member”: Individual or legal entity with an account on the site I Want the Winner

“Horse”: All types of racehorses such as young horses, broodmares, horses-in-training, syndicated horses and stallions

“Shares in a stallion” Title to ownership arising out of the syndication of a stallion

“Young horse”: Any horse categorised as a foal, yearling or store

“Foal”: Colt or filly born during the current calendar year up to 31 December

“Yearling”: One-year-old colt or filly from 1 January of the year following the year of its birth up to 31 December of the current year

“Store”: Two- or three-year-old colt or filly that has not been declared as in training

“Broodmare”: A mare intended for breeding

“Horses-in-training”: A horse that meets the conditions to be involved in races reserved for racehorses

“Syndicated horse”: Any horse sold in multiple ownership shares

“Buyer”: Individual or legal entity wishing to make a purchase

“Seller”: Individual or legal entity wishing to make a sale

“Share holder”: Individual or legal entity that owns, under a co-ownership scheme or in full, one or more shares in a stallion entitling it to at least one free and assignable nomination

“Booking (fee)”: Sum of money paid by the Buyer to the Seller of the nomination when placing the order. This sum may be subject to VAT depending on the Seller’s tax status. If there is no pregnancy or the foal dies before birth, the Seller retains this sum

“Payment on live foal”: the balance of the nomination payment paid by the Buyer to the Seller of the nomination when the foal is born. If the foal dies before birth, this balance is not owed by the Buyer of the nomination

“Account”: Account that must be activated in order to become a Member and access the services offered by the site

“GTC”: These General Terms and Conditions of Use set out below

 

  1. 1.2 Online acceptance of the General Terms and Conditions of Use 

Use of the site is subject to acceptance of these GTC. When activating their User Account, Members must click on the box “I accept the General Terms and Conditions of Use of the site and of the service offered”.

Members can access the services offered by the site only after accepting these GTC. These GTC must be accepted in full and form an indivisible whole; Members cannot choose to apply only a part of the GTC or issue reservations. I Want the Winner reserves the right to refuse a person’s registration without having to give a reason.

By accepting the GTC, Members accept in particular the terms and conditions for buying and selling and the Privacy Policy, the terms of which are the subject of a specific tab.

If Members fail to fulfil any of the obligations under these GTC, I Want the Winner reserves the right to delete the User Accounts concerned. 

 

  1. 1.3 Amendments to the General Terms and Conditions of Use 

I Want the Winner reserves the right at any time to amend the GTC, the features offered on the site or the rules of the services offered. The amendment will come into effect as soon as the GTC are put online and all users acknowledge that they have read them beforehand.

When an amendment is made after a nomination has been booked online, the amendment will not apply to the transaction in progress.

 

2. Use of the Service 

2.1 Buyer account

To access the online services offered by I Want the Winner, users must first activate their Account, by providing their personal details, which are essential for the smooth operation of the service of putting Buyers and Sellers in contact with each other (in particular: full name, company name, title, VAT status, valid phone number and email address).

I Want the Winner may not in any circumstance be held responsible for any false or fraudulent information that might be provided by users, in particular concerning the actual ownership of the horses declared and their VAT status.

Members undertake not to create or use accounts other than the one initially created, whether in their own name or in that of a third party. Any exception to this rule must be explicitly requested by the Member and expressly and specifically authorised by I Want the Winner. The creation or use of new accounts in their own name or that of a third person without requesting and obtaining authorisation from I Want the Winner may lead to the immediate suspension of the Member’s accounts and of all the associated services. 

 

2.2 Seller account

To access the online services offered by I Want the Winner, Sellers must provide their personal details, which are essential for the smooth operation of the service of putting Buyers and Sellers in contact with each other (in particular: full name, company name, title, VAT status, valid phone number and email address).

I Want the Winner may not in any circumstance be held responsible for any false or fraudulent information that might be provided by Sellers, in particular concerning the actual ownership of the nominations, shares in stallions and horses declared and their VAT status.

Sellers undertake not to create or use accounts other than the one initially created, whether in their own name or in that of a third party. Any exception to this rule must be explicitly requested by the Seller and expressly and specifically authorised by I Want the Winner. The creation or use of new accounts in their own name or that of a third person without requesting and obtaining authorisation from I Want the Winner may lead to the immediate suspension of the Seller’s accounts and of all the associated services.

I Want the Winner’s activity is limited to putting persons wishing to buy and sell nominations, shares in stallions and horses in contact with each other. The site www.iwantthewinner.com is simply a platform, and the company I Want the Winner does not interfere at any time in the physical management of nominations, shares in stallions and horses.

I Want the Winner is a third party in the relationship between Buyers and Sellers and has no obligations concerning their fulfilment of their respective obligations regarding the sale, purchase and use of nominations, shares in stallions and horses.

 

2.3 Information to be provided by Sellers

Before making offers to sell, Sellers must make declarations in writing and are responsible for making them known to Members. I Want the Winner is responsible only for ensuring that Sellers’ declarations comply with those given to Members; it is not in any way responsible for the accuracy and truthfulness of Sellers’ declarations, in particular with regard to the types of horses, their origins and country of birth, their physical description, wins, racing commitments, unacceptable defects, date last covered, VAT regime, etc. Before selling, Sellers are therefore required to correct any errors or omissions on the online site so that the details are accurate and up to date at the time of the actual sale. If Sellers have not corrected on the I Want the Winner site originally incorrect information concerning the products they have presented, they will be considered to have approved the information and will therefore be fully responsible for their accuracy.

 

2.4 Exclusivity 

Nominations, shares in a stallion or horses put on sale on the I Want the Winner site will be presented exclusively on this site for a period of one month from when the advert is published on the I Want the Winner site.

If the sale is made through another intermediary or privately, whatever the sale price, the commission to I Want the Winner will be due based on the higher price indicated on the I Want the Winner site.

 

2.5 Nomination searches 

I Want the Winner offers its Members a free service for breeders to express their wishes as they search for a nomination for a given broodmare.

Once their search has been validated, Members will be able to receive all offers to sell nominations as they are published by Sellers, share holders, bloodstock agents or stud farmers.

When a nomination offer is of interest, Buyers can book it online. I Want the Winner then contacts the Seller, makes the customary checks and validates the sale, issuing the sale agreement and corresponding invoices.

Offers accepted by Buyers become firm bookings only when I Want the Winner has received the agreements initialled and signed in their entirety by both parties and any deposit payments. Until this validation is complete, the Buyer’s nomination order is not definitively accepted.

If an offer cannot be validated, the Breeder Buyer will be informed by I Want the Winner and will have to search for another nomination on iwantthewinner.com.

If the Breeder indicates while searching for a nomination that its broodmare’s pregnancy is insurable under the criteria used by the broker Markel France, the Breeder will benefit for this broodmare from the offers published by the share holders wishing to insure their broodmare’s pregnancy, and undertakes in exchange to send, with the nomination booking agreement, the health certificate for the broodmare, correctly filled in and signed.

 

2.5.1 Conditions under which Breeder Members can benefit from this service 

Without prejudice to the above, I Want the Winner expressly reserves the right, at its discretion, to limit the number and/or category of Breeder Members that can benefit from this nomination search service and the number of simultaneous searches that Members can make. 

 

2.5.2 Cost of the service 

There is no charge for the publication of offers to sell through I Want the Winner by persons meeting the conditions in section 2.4.3.

I Want the Winner collects commission on sales made through the Internet platform. This commission is collected on the amounts paid by Buyers to Sellers for nomination bookings and on the amounts paid by Buyers for the birth of foals.

This commission is 5% excluding tax on the amount excluding tax billed on behalf of Sellers to Member Buyers. This commission is owed by Sellers to I Want the Winner and is automatically deducted from the sums collected by I Want the Winner on behalf of Sellers.

No commission will be due if the nomination does not result in the birth of a foal, except for the commission collected on any sum paid when booking nominations or for unconditional nominations.

Thus, if a nomination is sold through iwantthewinner.com for a total of €5,000 excluding tax, payable on the birth of the foal, the Seller will be billed for commission of €250 excluding tax, i.e. €300 including tax on the birth of the foal (based on the current VAT rate).

This commission may not be less than €100 excluding tax. Thus, if a nomination is sold through iwantthewinner.com for a total of €1,000 excluding tax, the Seller will be billed for commission of €100 excluding tax, i.e. €120 including tax on the birth of the foal (based on the current VAT rate).

The optional “insurable pregnancy” service, whereby a Seller’s advert is disseminated only for broodmares aged 15 or under, which have not been empty for three years and which are at least 42 days pregnant, costs €150 excluding tax payable when the nomination sale agreement is validated.

 

2.5.3 Conditions under which Members can benefit from this service

The dissemination of offers to sell is limited to individuals or legal entities that own shares in stallions or are duly authorised by the share owner to sell the corresponding nomination.

 

2.6 Nomination offer publication 

I Want the Winner offers all holders of shares in stallions a service whereby share holders can advertise their offers to sell nominations to all Breeder Members searching for nominations using criteria that match the nominations offered for sale by the share holders.

Once saved, offers to sell are validated by I Want the Winner. If offers are not validated, Sellers are informed by I Want the Winner. If offers are validated, they are automatically sent to all Breeder Members that have launched a corresponding nomination search.

When a Breeder Member books online a nomination offered by a Seller, I Want the Winner contacts the Seller and the Buyer, makes the customary checks and validates the sale, issuing the sale agreement and corresponding invoices.

Offers accepted by Buyers become firm bookings only when I Want the Winner has received the agreements initialled and signed in their entirety by both parties and any deposit payments. Until this validation is complete, the Seller’s nomination offer is not definitively accepted.

If an offer cannot be validated, the Seller will be informed by I Want the Winner and will have to renew its offer to sell on iwantthewinner.com.

Offers to sell issued by Sellers are disseminated for a limited period. Sellers are informed by email of the pending expiry of their advert and have the option to renew it, editing the content if appropriate. 

 

2.6.1 Cost of the service 

There is no charge for the publication of offers to sell through iwantthewinner.com by persons meeting the conditions in section 2.4.3.

I Want the Winner collects commission on sales made through the Internet platform. This commission is collected on the amounts paid by Buyers to Sellers for nomination bookings and on the amounts paid by Buyers for the birth of foals.

This commission is 5% excluding tax on the amount excluding tax billed on behalf of the Seller. This commission is owed by Sellers to I Want the Winner and is automatically deducted from the sums collected by I Want the Winner on behalf of Sellers.

No commission will be due if the nomination does not result in the birth of a foal, except for the commission collected on any sum paid to book the nomination and for unconditional nominations.

Thus, if a nomination is sold through iwantthewinner.com for a total of €5,000 excluding tax, payable on the birth of the foal, the Seller will be billed for commission of €250 excluding tax, i.e. €300 including tax on the birth of the foal (based on the current VAT rate).

This commission may not be less than €100 excluding tax. Thus, if a nomination is sold through iwantthewinner.com for a total of €1,000 excluding tax, the Seller will be billed for commission of €100 excluding tax, i.e. €120 including tax on the birth of the foal (based on the current VAT rate).

The optional “insurable pregnancy” service, whereby the Seller’s advert is disseminated only for broodmares aged 15 or under, which have not had a miscarriage or been empty for three years and which are at least 42 days pregnant, costs €150 excluding tax payable when the nomination sale agreement is validated.

 

2.7 Nomination bookings 

Buyers select the offer they would like to book from those proposed. They must then return the signed nomination agreement with any booking fee.

Bookings are confirmed when I Want the Winner receives the signed nomination agreement with payment of any booking fee. After bookings have been confirmed, Buyers are irrevocably committed and are bound in particular by the “Financial provisions” below.

Sellers are notified by email that a Buyer has selected their offer and must return the signed promise to sell.

Sales are confirmed when I Want the Winner receives the Seller’s promise to sell. After sales have been confirmed, Sellers are irrevocably committed and are bound in particular by the “Financial provisions” below.

The Buyer and the Seller are informed that the sale is irrevocably concluded, by an email sent to the Seller confirming the sale and an email sent to the Buyer confirming the nomination booking.

Any cancellation after the sale and booking have been confirmed is regulated by the provisions in “Cancellation payments and fees” below.

 

2.8 Insurance

The Pregnancy insurance presented by I Want the Winner is offered by Markel France. I Want the Winner merely puts its Members in contact with the insurance broker representing Markel Insurance SE and does not interfere in any circumstances with insurance offers made by Markel France.

As taking out insurance is an arrangement exclusively between the Member and the insurance company or its representative, these parties act under their sole and full responsibility. On this basis, I Want the Winner may not be held liable on any grounds for the management of the insurance policy proposed by Markel France and accepted by the Member.

 

2.9 Invoicing and payments 

2.9.1 Nomination booking payments and fees 

For sales accompanied by payment on booking, bookings will be confirmed only when the full booking fee requested by the Seller has been paid. The Seller will retain this fee permanently and bookings may not be transferred to any other broodmare or any other breeding season. 

 

2.9.2 Payment and fees on birth of foal 

Buyers have a period of 48 (forty-eight) hours after the birth of a foal to confirm expressly to I Want the Winner that the nomination has given rise to the birth of a foal.

In the event of death or miscarriage before the birth, Buyers must provide a veterinary certificate certifying the loss of the foal and a copy of the knacker’s yard slip.

After this deadline, if no confirmation or objection has been received from a Buyer, I Want the Winner considers that the Buyer’s confirmation is implicit.

As of this express or tacit confirmation, Buyers owe all the amounts due on the birth of the foal and are billed for the balance of the nomination to be paid at the time of the birth.

When I Want the Winner receives payment from the Buyer, I Want the Winner has 21 days to transfer the amounts concerned tot the Seller, minus its commission.

I Want the Winner will transfer the sums due to the name indicated on the “My Profile” page of the Seller’s account.

Sellers can ask I Want the Winner to pay the sums due by bank transfer.

In this case, they will need to send I Want the Winner their bank or post office account details so that the money can be transferred to them.

I Want the Winner will not pay the amount due other than by bank transfer or cheque; in no circumstances will it make cash payments.

I Want the Winner is not responsible in any circumstances to Sellers for Buyers’ failure to pay nor does it act as guarantor.

I Want the Winner is not responsible in any circumstances to Sellers for any payment incident, nor does it act as guarantor if, for any reason, the sum paid by a Buyer has to be paid back, in particular if the means of payment is stopped or in the event of fraud. Sellers agree to return to I Want the Winner on request any sum received that is called into question by such a payment incident.

 

2.9.3 Cancellation payments and fees 

Cancellation by Sellers or Buyers of nominations after bookings have been confirmed is subject to the following provisions.

If the cancellation is attributable to the Seller, the Seller owes I Want the Winner a cancellation fee equal to the difference between the sale price proposed by the Seller and the public nomination fee. The Buyer will then be offered another nomination for the desired stallion or, if there are no more nominations to sell for that stallion, the Buyer will be offered a nomination for an equivalent stallion. If the cancellation is attributable to the Buyer, the Buyer owes the Seller a cancellation fee equal to the full nomination price.

If the sale of a share in a stallion is cancelled, the defaulting party will owe the other party a one-off penalty of 20% of the amount excluding tax, minus the commission.

 

2.9.4 Financial provisions with regard to payments on booking a nomination and payments on birth of foal

The amounts received by I Want the Winner for nomination bookings are deposited in a holding account opened with Société Générale in Pont l’Évêque. The sums thus deposited are allocated to paying Sellers.

By express agreement, Sellers accept that sums received will not bear interest. Sellers and Buyers agree to respond to any request from I Want the Winner or Société Générale in Pont l’Évêque, and more generally from any competent administrative or judicial authority, in relation to anti-money laundering and, in particular, they agree to provide any necessary proof of address or identity.

If they do not respond immediately to such requests, Sellers and Buyers agree in advance that I Want the Winner can unilaterally take any measure it deems appropriate, in particular freezing the sums paid and/or suspending the services used by Buyers or offered by Sellers.

No payment can be made to Sellers into accounts that are not in their name. 

 

2.9.5 Payment for shares in stallions

See the “instructions for use” section: https://www.iwantthewinner.com/parts/achat-vente-etalon

 

3. Searches for purchases and sales of young horses, broodmares, horses-in-training, syndicated horses and stallions

I Want the Winner offers its Members a free service whereby Buyers can express their desires as they search for young horses, broodmares, horses-in-training, syndicated horses and stallions.

Once their search has been validated, they will be able to receive all offers to sell young horses, broodmares, horses-in-training, syndicated horses and stallions published by Sellers, share holders, bloodstock agents or stud farmers.

When an offer is of interest, Members can buy it online. I Want the Winner then contacts the Seller, makes the customary checks and validates the sale, issuing the veterinary certificate, the sale agreement and corresponding invoices to be paid by the Buyer.

Offers accepted by Sellers become firm bookings only when I Want the Winner has obtained the formal agreement of the Seller and Buyer and the agreement has been initialled and signed in full, the veterinary certificate accepted by the Buyer and the entire payment received by I Want the Winner. Until this validation is complete, the Buyer’s order for the animal is not definitively accepted.

Buyers can, at their expense, organise a pre-purchase examination (determining the nature of the desired examinations and/or tests) and must, in this case, confirm their firm position within 72 hours of the promise to buy. If they refuse to confirm their order to buy, they must provide a genuine, serious reason.

If the offer cannot be validated, the Buyer will be informed by I Want the Winner and will have to search for another offer on iwantthewinner.com.

 

4. Sellers’ obligations 

Sellers must declare that:

  • They are actually the owner of any horse that they put on sale or are duly authorised by the horse’s owner to sell it,
  • The animal on sale is actually available to be sold and physically fit to be sold. For this, Sellers must produce a veterinary certificate prior to sale based on the template provided by IWW.

 

4.1. Syndicated horses

Sellers must send IWW their partners’ written agreement to sell all or part of the horse presented.

“Incoming” partners will be subject to validation by the Seller, who is entitled to reject a Buyer without giving a reason.

 

5. Buyers’ obligations

Buyers agree to:

  • Pay I Want the Winner in cash and by bank transfer or cheque for their purchases, including commission due. This provision is mandatory for the sale to be effective.
  •  Take all measures to collect the animal from the Seller.

 

5.1. Syndicated horses

Buyers agree to pay all financial charges related to using the horse (training, care, etc.) after buying it.

 

6. Commitments

Sellers and Buyers are subject to the regulations of the horse-racing federations of their country of origin as regards commitments and fees for the animals presented for sale.

 

7. Veterinary records

At the time of the sale, potential Buyers that wish to do so can ask a veterinary surgeon of their choice, and at their expense, to look at the veterinary records of an animal for sale. Before collecting veterinary records from I Want the Winner, the latter will ask the potential Buyer or vet to fill in and sign a consultation form and to agree to a confidentiality obligation concerning the information in the records. Sellers must declare that horses presented for sale have had the mandatory vaccinations required by the racing regulations and a negative Coggins test no more than a month before the advert is published.

If an animal is examined at the premises of the person presenting it by a potential Buyer or a vet, it is understood that, if an accident is caused to a horse or by a horse being examined to a potential Buyer or a vet, the Buyer or vet will be solely liable and must bear all direct and indirect consequences. Sellers, presenters and Buyers undertake not to seek to make I Want the Winner liable for any reason and to waive all remedy against l WANT THE WINNER.

 

7.1 Veterinary certificate for sale of a horse

I Want the Winner strongly advises sending a veterinary certificate for the sale of a horse, in the standard format published by the company, and to send it to the vet before publishing it with the offer to sell. This veterinary certificate for sale of a horse does not serve as proof of future performance of horses that are sold. It is a preliminary examination that may, where appropriate, be supplemented by secondary examinations that will be published and available to be consulted confidentially by vets, on prior registration.

 

7.2 Medical records

Sellers undertake to sell horses with medical records that are up to date with regard to the Coggins test, which should have been done no more than one month before putting the offer to sell on the site. These tests may be supplemented by additional medical tests depending on the profile of the horses put on sale. These conditions may be selected as part of the process of validating an advert. In addition, for young horses and horses-in-training, Sellers undertake to ensure that their vaccinations are up to date and comply with the regulations in force at the time they are put on sale.

 

7.3 Pre-purchase examination

The sale may be conditional on a pre-purchase examination; this examination must be confirmed when the offer to sell is signed and its outcome must be communicated 72 hours after the request is made.

 

7.4 Unacceptable defects

In addition, Sellers must guarantee the purchaser against the unacceptable defects listed in article R.213-1 of the French Rural Code and not declared by them before the online sale.

Any action based on these unacceptable defects must be brought by Buyers in accordance with the provisions of articles R.213-3 et seq of the Rural Code, namely within 10 days of delivery, not including the delivery day, except for equine recurrent uveitis and equine infectious anaemia, for which the deadline is 30 days not including the delivery day.

All deadlines expire at midnight on the last day. If a deadline would normally expire on a Saturday, Sunday, public holiday or non-working day, it is deferred to the next working day. Within the said periods, and on penalty of inadmissibility, Buyers must submit a petition to the judge of the district court where the animal is located for experts to be appointed to examine and draw up a report on the animal.

Within the same periods, Buyers must commence one of the actions brought as a result of an unacceptable defect as defined in articles L.213-1 to L.213-9 of the Rural Code.

Within the same periods, Buyers must notify I Want the Winner that they have submitted a petition to the judge of the district court and send a veterinary certificate specifying the defect (by registered letter with acknowledgement of receipt and by email).

 

8. Sellers’ costs

Registering on the platform is free; selling fees are 4% excluding tax at the current rate plus: cost of taking photos and videos plus cost of a veterinary certificate for sale of a horse using the IWW template.

Any additional taxes or duties that may be demanded by a government or local authority over and above current taxes and duties will be payable by the Sellers.

 

9. Buyers’ costs

Purchase fees are 5% excluding tax at the current rate on the sale price excluding tax. See Article 10 below for the applicable VAT.

 

10. Payment of bloodstock agents

If, before the sale, a Buyer appoints a bloodstock agent to carry out the transaction, then the agent can bill commission of no more than 4% of the sale price excluding tax. The agent must present its Kbis company registration form at the same time as its invoice, which will be settled by IWW.

 

11. VAT

If Sellers are not subject to VAT, it is not applicable.

If Sellers are subject to VAT, it is calculated as follows:

There are five cases for calculating VAT:

1 – The Buyer is French and subject to VAT: VAT is billed on the entire sale price (recoverable VAT).

2 – The Buyer is subject to VAT in an EU member state other than France, provides its intracommunity VAT number and the horse is delivered to an EU member state: exemption from VAT (proof of export must be presented).

3 – The Buyer is subject to VAT in an EU member state other than France, provides its intracommunity VAT number and the horse remains in France: VAT is billed (VAT recoverable from the French tax department).

4 – The Buyer is not subject to VAT in France or in another EU member state: VAT is billed (VAT not recoverable).

5 – The horse is exported outside the EU: exemption from VAT on presentation of the customs document certifying the export (original SAD no. 3) specifying the Seller as the exporter.

I Want the Winner waives all liability for the legal and fiscal consequences of a false declaration by the Buyer.

 

Temporary import

There are four cases for horses under the temporary import system that are sold:

1- The Buyer is subject to VAT in an EU member state other than France, provides its intracommunity VAT number and the horse is delivered to an EU member state: exemption from VAT (proof of delivery must be presented).

2- The Buyer is subject to VAT in an EU state other than France, provides its intracommunity VAT number and the horse remains in France: VAT is billed.

3 - The Buyer is not resident in the EU and wishes to keep the horse under the temporary import system: VAT is not billed but the fee for transferring the temporary import is payable by the Buyer.

4 - The horse is exported immediately: exemption from VAT solely on condition that the temporary admission document is regularised by the Buyer at the import customs office.

I Want the Winner waives all liability for the legal and fiscal consequences of a false declaration by the Buyer.

 

12. Billing and payment

Buyers have 48 (forty-eight) hours after the actual sale, i.e. after receiving the items making up the sale file (signed agreements, veterinary certificate accepted by the Buyer, receipt of invoice minus I Want the Winner’s commission) to pay the invoice.

When I Want the Winner receives payment from the Buyer, I Want the Winner has 30 days to transfer the amounts concerned tot the Seller, minus its commission.

I Want the Winner will transfer the sums due to the name indicated on the “My Profile” page of the Seller’s account.

For this, the Seller will need to send I Want the Winner their bank account details so that the money can be transferred to them or a cheque sent.

I Want the Winner will not pay the amount due other than by bank transfer or cheque; in no circumstances will it make cash payments.

I Want the Winner is not responsible in any circumstances to Sellers for Buyers’ failure to pay nor does it act as guarantor.

I Want the Winner is not responsible in any circumstances to Sellers for any payment incident, nor does it act as guarantor if, for any reason, the sum paid by a Buyer has to be paid back, in particular if the means of payment is stopped or in the event of fraud. Sellers agree to return to I Want the Winner on request any sum received that is called into question by such a payment incident.

 

13. Management of disputes between Members

I Want the Winner makes a dispute settlement service available to its Members for disputes between Buyers and Sellers.

This dispute settlement service does not have a performance obligation regarding finding a solution to disputes between its Members. If no solution is found to a dispute between a Buyer and Seller, I Want the Winner reserves the right to retain the sums paid by the Buyer until the Seller and Buyer reach an amicable agreement or a final judicial ruling is given. 

 

13.1 Private users

Private users declare that they have been informed in advance by I Want the Winner of the option to use a consumer mediation procedure in the event of a dispute.

Private users can thus submit any dispute they may have with I Want the Winner to the following mediator: SARL Devigny Médiation (address: Devigny Médiation, 11 rue de l’Étang, 49220 Thorigné-d’Anjou; tel.: +33 (0)2.41.25.47.58; website: https://devignymediation.fr/; email: contact@devignymediation.fr).

Before referring the matter to the aforementioned mediator, private users undertake to send their complaints to I Want the Winner’s customer service department using the contact details in Article 17.

 

13.2 Professional users

For professional users only, the Commercial Court for the registered office of I Want the Winner will have sole jurisdiction over any disputes concerning these general terms and conditions, including in the event of third-party claims or multiple defendants.

 

14. Liability 

As the sale of a nomination, share in a stallion or a horse arises exclusively from an agreement between the Buyer and the Seller, service users (Buyers and Sellers) act under their sole and full responsibility. On this basis, I Want the Winner cannot be held liable on any grounds for the actual use of the nomination, share in a stallion or horse offered by the Seller and accepted by the Buyer, as the service offered by I Want the Winner is an intermediation service.

In particular I Want the Winner cannot be held liable for any loss event that might occur for reasons such as:

- The communication by Sellers of incorrect information about, in particular, their right to sell the nomination for the declared share in a stallion,

- The cancellation of sales by Buyers or Sellers,

- Faults or negligence committed by Breeders or nomination Buyers in the use of the nomination, the pregnancy, the preparation for pregnancy, the management of the birth and post-partum of their broodmares,

- The payment by Breeders of sums due when booking nominations and on the birth of foals,

- The fraudulent behaviour or misconduct of Buyers or Sellers, before or after the birth of foals,

In particular, I Want the Winner cannot be held liable in any way if nominations cannot give rise to the birth of foals, for whatever reason.

  • The management of the preparation of foals and yearlings with a view to sale, breeze-ups or horses’ racing careers,

Similarly, I Want the Winner cannot be held liable in the event of non-payment or the fraudulent use of payment instruments by Buyers.

In this case, I Want the Winner does not provide any guarantee of payment to Sellers. 

I Want the Winner endeavours to ensure the website and service is available 24 hours a day and 7 days a week. However, access to the site or service may be interrupted for maintenance work, hardware or software upgrades, emergency repairs, or as a result of circumstances beyond I Want the Winner’s control (such as telecommunication equipment or connection failures).

I Want the Winner undertakes to take all reasonable measures to limit these disruptions, provided that they can be attributed to it.

Members acknowledge and accept that I Want the Winner assumes no liability to them for any non-availability, suspension or interruption of the site or service and cannot be held liable for direct or indirect harm of any kind arising from this. In all cases, and without prejudice to the above and in the other clauses concerning I Want the Winner’s lack of liability, any cause of liability that may be held against I Want the Winner may give rise to the payment of damages only up to the limit of the amounts collected under Costs of the Service.

Sellers are solely responsible for the price set for their nomination adverts, the price of shares and of horses. 

 

15. Interruption and suspension of access to the service and/or the site 

If Members fail to comply with all or part of the GTC, they must acknowledge and accept that I Want the Winner can at any time, without prior notification, interrupt or suspend, temporarily or permanently, all or part of the Service or their access to the site (including in particular their User Accounts).

 

16. Disputes and statute of limitations 

16.1 Statute of limitations

Any complaint against I WANT THE WINNER in relation to these GTC lapses after one year.

 

16.2 Courts with jurisdiction

As and when needed, the court with jurisdiction in the event of a dispute will be considered as the competent courts of the location of the Company’s registered office.

 

17. Contact details

For any question or complaint about the site, the services and personal data, Users can contact I Want the Winner as follows:

By letter:  SAS I Want the Winner, 66 avenue de Breteuil, 75007 Paris

By phone: +33 (0)6 50 62 16 32

By email: contact@iwantthewinner.com

End of the General Terms and Conditions of Use

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