Terms & Conditions
RICHARD SHEANE INTERNATIONAL LTD
T/A COOLEY FARM (CF)
Condition 1 – Registration for and participation in the auction
Richard Sheane International (RSI) T/A Cooley Farm (hereinafter known as ‘CF) will hold an online auction for young horse stock and broad mares breeding stock (hereinafter “the Auction”) from 6pm on the 31st of May 2025 until 8pm on the 2nd of June 2025 which is organized by the limited liability company Richard Sheane International located at Cooley Farm, Ballymanus Upper, Glenealy, Wicklow and registered with the CRO under number: 554857, email: info@cooleyfarm.ie
Richard Sheane International LTD acts as the auctioneering service. RSI Limited is the seller and owner of the horses.
The Auction will be held on the website of www.cooleyfarm.ie (hereinafter called “the Website”). The Auction will start and close at a time indicated in advance. The duration of the auction will be indicated in advance on the website. If a bid is made during the last five minutes before the indicated closing time of the auction, the closing time will be (each time) extended by five minutes. The final closing will then take place five minutes after the last bid.
Participation in the auction for potential buyers is permitted only for natural persons and legal persons who have registered on the Website before the start of the auction, have truthfully completed the accompanying form with questions and therefore have an account.
Participation in the Auction implies that the buyer agrees, expressly and without any reservation, with these terms and conditions of the Auction and with the chargeability of 13.5% VAT (if applicable) on the auction price.
The applicability of any general terms and conditions of the buyer is expressly rejected.
The horses selected by CFI which will be offered during the auction, can be viewed before the start of the Auction on the Website, by means of videos and pictures. On the Website written information is also provided about the most important features of the horses (e.g. age, sex, colour and pedigree).
Potential buyers or interested parties are free to view the horses prior to the auction at the location of CF For this purpose, an appointment must be made in advance by email info@cooleyfarm.ie or by phone to Richard on +353 86 1701382
Condition 2 – The offer
Manifest mistakes or manifest errors in the offer of the horses, for instance as a result of typos or misprints, shall not bind RSI and no rights can be inferred from them.
Condition 3 – Bids and purchase
All bids and payments are made in EURO.
When placing a bid, the person in whose name the account was created is deemed to be bidding for him-/herself and he/she is personally liable for the obligations resulting from his/her bid. If the bidder declares that he/she is acting on behalf of a third party, he/she shall continue to be fully liable to RSI in addition to such third party.
During the Auction the horses will be sold by bidding, unless indicated otherwise. The starting bid for each horse will be determined by RSI.
Once a bid for a horse has been made, this bid will remain valid until a possibly higher bid has been accepted.
If the server of the Website awards the horse to the bidder, the horse will have been purchased and the bidder must pay the auction price including VAT (if applicable) to RSI.
The amount to be paid by the buyer will be calculated as follows: Auction price in + Vat @13.5% (if applicable). Purchase price excluding VAT (here in after “the Purchase Price”)
Condition 4 – Payment
RSI shall send the buyer an invoice for the purchase price (whether or not increased by VAT).
An invoice of RSI must always be paid, without any suspension or set-off, in the currency of the invoice within five (5) days after the invoice date, which is a fatal term, into the bank account of RSI with bank account number to follow on the Invoice.
If the buyer fails to pay an invoice in time, the buyer shall be in default by operation of law and he/she shall owe interest for overdue payment of 1% per month, taking into account that a part of a month shall be considered as a full month.
All the judicial and extrajudicial costs to be incurred by RSI in order to collect its invoices shall be for the buyer’s account. Extrajudicial costs will be charged to the buyer at a flat rate of 15% of the amount to be collected, with a minimum of EUR 250.00.
Condition 5 – Acceptance of the horses
The horses are auctioned “as is, where is” or “in the state in which – and how and where – they are” at the time of the Auction.
RSI does not give any guarantee with respect to the horse’s future sporting abilities or state of health. All the risks in this respect are the sole responsibility of the buyer.
Before the auction:
Broodmares have been declared ‘fit to breed’ by RSI.
Two- and three-year-olds have undergone full X-ray evaluation.
Yearlings are offered without veterinary examination.
All clinical examinations and X-rays were carried out by GCS Veterinary. The X-ray images made by GCS Veterinary are accessible to everyone and can be requested by email by contacting info@cooleyfarm.ie . The clinical assessments performed by GCS Veterinary can also be requested by all prospective buyers.
Condition 6 – Delivery and performance
All the risks of the horse shall pass to the buyer immediately after the bid has been allocated.
The owner ship of the horse shall pass to the buyer as soon as the buyer has paid everything, he/she owes to RSI under the agreement(s) concluded within the scope of the auction.
After the auction and the receipt of the purchase price (whether or not increased by VAT) by RSI, the buyer and RSI will agree the time and manner of the actual delivery of the horse. Unless agreed otherwise between RSI and the buyer, the horse will be picked up by the buyer at the location of RSI. The actual delivery of the horse must in any event take place within seven (7) days after the Auction. After these seven (7) days, RSI is entitled to charge the costs of stabling and maintenance of the horse, to the buyer. (See condition with regards to the exception for the 2YO’s and specific lots). If it is not possible to collect the horse within the seven (7) day window, the buyer must contact Richard on +353 86 1701382 by phone to discuss alternative arrangements. Additional options may be available at the discretion of RSI.
If desired, the buyer must take care of insurance of the horse for risks that may unexpectedly arise to the horse such as for, however not limited to, transport risks, disease, death, accident and (permanent) disability due to sickness, shortcomings or otherwise. RSI shall not arrange for such insurance. However, we have a link on our site to an insurance provider.
Condition 7 – Liability
RSI shall not be liable for any damage resulting from the auction and/or occasioned by or caused within the scope of the performance of the agreement, except in the case of intentional misconduct or gross negligence of RSI.
RSI shall not be liable for the occurrence of damage due to any accident that happened in, on or in the vicinity of the sites or buildings where the horses can be inspected and tried out or where the purchased horses can be picked up, except in the case of intentional misconduct or gross negligence of RSI. Persons who access the sites and buildings of RSI shall do so at their own risk.
RSI shall not be liable for damage caused by the provision of incorrect and/ or incomplete information, regardless of the nature and size of such damage and the provided information and regardless of the origin of the information, except in the case of intentional misconduct or gross negligence of RSI.
If RSI should be liable for any damage, then its liability is limited to the amount paid out in the specific case by the insurance company of RSI plus the deductible under this insurance policy.
If and in so far as no payment should be made by the insurance company of RSI for any reason, its liability shall be limited to a maximum amount of €2,500.00.
Condition 8 – Claims for damages
A claim for damages expires in any case twelve (12) months after the buyer became familiar with the damage that has directly or indirectly resulted from an event or circumstance for which RSI is or could be liable.
Condition 9 – Third parties
RSI is free to make use of the services of third parties for the purpose of the agreement in the way considered necessary by it for the performance of the agreement.
RSI shall not be liable for any short coming and/or mistake of such third parties, except in the case of intentional misconduct or gross negligence of RSI.
The buyer shall indemnify RSI against third party claims.
Condition 10 – Force majeure
In the case of force majeure, RSI has at its own discretion the right to suspend the fulfilment of its obligations under the agreement or to terminate the agreement partially or entirely without judicial intervention by notifying the buyer hereof in writing and without the obligation of RSI to pay any compensation in that case, unless this would be unacceptable in the circumstances by standards of reasonableness and fairness.
The term force majeure means, in accordance with the usual interpretation in custom and practise of a shortcoming that cannot be attributed to RSI, as it is not due to its fault and is not for its account by law, legal act or general practise.
Condition 11 – Personal data
For the establishment and performance of the agreement, RSI requires the buyer to provide his/her personal data. The buyer’s personal data will be processed by RSI in conformity with the General Data Protection Regulations.
Condition 12 – Right of withdrawal for consumers
A consumer can withdrawal the agreement without giving any reason within fourteen (14) calendar days (hereinafter “the cooling-off period”). The cooling-off period will start on the day after the consumer received the horse.
During the cooling-off period the consumer will carefully handle the horse.
When the right of withdrawal has been excised by the consumer, he/she has to return the horse immediately, and in any event within fourteen (14) days after he/she informed The Auction of his/ her exercise of the right of withdrawal, to RSI in conformity with the reasonable and clear instructions given by RSI.
When the right of withdrawal has been excised by the consumer, the costs and risk of returning the horse shall be for his/her account.
When the right of withdrawal has been excised by the consumer, RSI shall reimburse the sums paid by the consumer within the scope of the agreement as soon as possible, but in any event within thirty (30) days after RSI received the horse.
Condition 13 – Applicable law and competent court
The legal relationship between RSI and the buyer, including any liability claims, shall be governed by Republic of Ireland laws.
Any dispute arising from or relating to the legal relationship between RSI and the buyer shall be resolved by the competent court in the jurisdiction of Ireland.
Condition 14 – Passports
At the time of the Auction, passports of the two-year-old horses, and Lot 17 3YO Cormint x Ramiro B and Lot 25 Zapatero VDL x Cult Hero and Lot 26 Caricello x Ganesh Hero Z are pending issuance by Horse Sport Ireland. Passport applications have been submitted, and Cooley Farm is awaiting their formal issuance.
The absence of a passport at the time of sale does not affect the validity of the purchase or the buyer’s payment obligations under these terms. Cooley Farm will ensure that the relevant passports are provided to the buyer as soon as they are received.
The buyer acknowledges and accepts this delay and waives any claim or right of cancellation due solely to the pending status of the passport at the time of purchase.
In deviation from Condition 6.3, any horse awaiting passport issuance may remain at Cooley Farm free of charge beyond the seven (7) day delivery window, until the passport is issued and delivery becomes legally and logistically possible.
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