Table of Contents
1. Introduction
Welcome to The Horse Emporium. By accessing and using this website, you agree to comply with and be bound by these Terms and Conditions (hereinafter referred to as “Terms”). If you do not agree with any part of these Terms, you must not use the services of The Horse Emporium. By registering and bidding, user agrees that they are eighteen (18) years of age or older and have reviewed and understand the terms and conditions as set forth below.
2. Definitions
- Website: Refers to “The Horse Emporium” and all associated services.
- User: Refers to any person who accesses or uses the Website, including buyers and sellers.
- Seller: Refers to a User who lists horses for sale on the Website.
- Buyer: Refers to a User who bids on and purchases horses on the Website.
- Auction: Refers to the online bidding process for a horse listed on the Website.
- Listing: Refers to the information and description of a horse offered for sale on the Website.
- Reserve Price: Refers to the minimum price set by the Seller for a horse.
- Winning Bid: Refers to the highest bid at the end of an Auction.
- Transaction: Refers to the sale of a horse from the Seller to the Buyer.
- Service Fees: Refers to any fees charged by The Horse Emporium for its services.
3. User Accounts
- Users must register an account to participate in Auctions.
- Users must provide accurate and complete information during registration.
- The Horse Emporium reserves the right to suspend or terminate accounts for violations of these Terms.
4. Listing and Selling Horses
- Sellers are responsible for the accuracy and completeness of their Listings.
- Sellers must provide detailed information about the horse, including temperament, training history and the Veterinarian signed “Horse Inspection Form.”
- Sellers must own the horse or have the legal right to sell it.
- Sellers must set a clear starting bid and may set a Reserve Price.
- The Horse Emporium is not responsible for the accuracy of Listing information.
- Sellers are responsible for providing all relevant documents, such as registration papers, health records, negative Coggins Test, and transfer of ownership documents to the buyer.
- Sellers are responsible for any misrepresentation of the horse.
5. Bidding and Buying Horses
- Buyers are responsible for reviewing listing information before bidding.
- Bids are binding.
- The highest bid at the end of the Auction is the Winning Bid.
- Buyers are responsible for paying the Winning Bid amount.
- Buyers must complete the Transaction within the specified timeframe.
- Buyers should conduct their own pre-purchase exam of the horse, if desired, before the end of the auction.
- The Horse Emporium is not responsible for the condition of the horse during or after the end of the auction.
6. Payment and Fees
- Payment for the Winning Bid must be made directly from the Buyer to the Seller.
- Failure to make payment may result in account suspension or termination.
- Buyers are responsible for any taxes or fees associated with the purchase.
- Sellers are responsible for the $150.00 listing fee prior to the start of the Auction plus a 10% commission on the final selling price, payable to The Horse Emporium.
7. Dispute Resolution
- Disputes between Buyers and Sellers should be resolved directly between the parties.
- The Horse Emporium is not obligated to resolve disputes between the Seller & the Buyer.
- The Horse Emporium is not responsible for any losses or damages resulting from disputes.
- Any legal disputes shall be handled in accordance with the laws of Greenville County, South Carolina.
8. Disclaimer of Warranties
- All listings provided through The Horse Emporium are sold “AS IS.”
- The Horse Emporium makes no warranties regarding the accuracy, reliability, or completeness of any content.
- The Horse Emporium disclaims all warranties, express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.
- The Horse Emporium is not responsible for any issues arising from the health, temperament, or training of any horse sold through the website.
9. Limitation of Liability
- The Horse Emporium is not liable for any direct, indirect, incidental, consequential, or punitive damages arising from the use of the Website.
- The Horse Emporium’s liability is limited to the amount of Service Fees paid by the User.
10. Indemnification
- Users agree to indemnify and hold harmless The Horse Emporium and its affiliates from any claims, losses, or damages arising from their use of the Website.
11. Video/Image Release
By providing videos and images, the seller authorizes The Horse Emporium to utilize, copy, upload and distribute the content for advertising and marketing purposes. The videos and images provided become the sole property of The Horse Emporium.
12. Changes to Terms and Conditions
- The Horse Emporium reserves the right to modify these Terms at any time.
- Continued use of the Website after changes constitutes acceptance of the new Terms.
13. Governing Law
- These Terms are governed by and construed in accordance with the laws of The State of South Carolina. Users consent to the Greenville County Magistrate Court, Greenville, SC, as the appropriate dispute resolution court, waiving jurisdiction or venue objections
14. Health and Safety
- The Horse Emporium is not responsible for any injuries or damages related to the horses sold on the website.
- The User agrees that all interactions with any horse that was purchased through The Horse Emporium are at the Users own risk.
15. Transfer of Ownership
- The Seller is responsible for providing all documentation needed for the legal transfer of ownership.
- The Horse Emporium maintains no interest in listed horses and is not responsible for any issues related to the transfer of ownership from Seller to Buyer.
- All post-purchase arrangements including payment, transportation and boarding are the sole responsibility of the Buyer.
16. Prohibited Activities
- Users are prohibited from engaging in any fraudulent or illegal activity on the Website.
- Users are prohibited from manipulating bids or interfering with the Auction process.
- Users are prohibited from posting false or misleading information.
17. Termination
- The Horse Emporium reserves the right to terminate any user’s account for violation of these Terms.
18. Severability
- If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions shall continue in full force and effect.