Terms & Conditions
Terms & Conditions
Article 1 - object
This website is owned by Herbots IMEX bvba, with registered office in Belgium, Dungelstraat 37, 3440 Halle-Booienhoven. This company is registered with VAT number BE0811777558.
Herbots IMEX bvba is a professional enterprise that as an intermediary or broker, is mainly engaged in the sale and delivery of live animals, mainly/exclusively of racing pigeons. Herbots IMEX bvba acts as owner-seller, or as intermediary, and only offers a platform on which owner-sellers can offer their goods. Herbots IMEX bvba only provides services for the sale and delivery of the animals and goods offered for sale.
The user gives express permission to carry out the services with the use of the possibilities offered by the website of Herbots IMEX.
These general terms and conditions apply to all online sales organized by Herbots IMEX and Herbots Animal Products , as well as to the full Herbots IMEX bvba website. By using the website www.herbots.com and www.herbots.be and/or placing a bid or an order, the customer accepts these general terms and conditions without any reserve.
Article 2 - Website
The contents of this site, including the brands, logos, drawings, dates, product or company names, texts, images etc. have been protected by intellectual rights and belong to Herbots IMEX or rightful parties.
All data on this web server are property of HERBOTS IMEX and are subject to the laws which protect the copyright as soon as they are made available to the public on this web server. Copies of documents this website contains can only be considered for information and exclusively used for strictly private use. Any reproductions and any use of copies for other purposes is expressly prohibited. Unless otherwise indicated, the company name, logos, products and brands mentioned on the website are owned by Herbots IMEX. These must not be used without Herbots IMEX' prior written consent.
The information on this website is of a general nature. The information has not been adapted to personal or specific circumstances, therefore, it cannot be considered as personal, professional or legal recommendation to the user.
Herbots IMEX makes significant efforts for information made available to be complete, correct, accurate and up-to-date. In spite of these efforts, inaccuracies can occur in the information made available. If the information supplied should contain inaccuracies or if certain information should be unavailable on or through the site, maximum efforts will be made to put this right as soon as possible.
However, Herbots IMEX cannot be held responsible for any direct or indirect damage which arises from the use of the information on this site. If you discover any errors in the information provided through the site, please contact the administrator of the site firstname.lastname@example.org.
The contents of the site (including links) may be adapted, modified or supplemented at any time, without announcement or notification. Herbots IMEX does not guarantee the proper functioning of the website and cannot be held liable in any way for any malfunction or temporary (un)availability of the website or for any form of damage, direct or indirect, that may arise from access to or use of the website.
Herbots IMEX can under no circumstances be held liable towards anyone, directly or indirectly, in a special or any other way, for damages due to the use of this site or of another, and in particular as a result of links or hyperlinks, including, without limitation, all losses, work interruptions, damage to programs or other data on the computer system, of equipment, software or anything else of the user.
The website may contain hyperlinks to websites or pages of third parties or partners or refer to them indirectly. The placement of links to these websites or pages in no way implies an implicit approval of their content.
Herbots IMEX expressly declares that it has no control over the content or other characteristics of these websites and can by account be held liable for their contents or their characteristics or for any other form of damage as a result of their use.
Article 3 – LOFT Profile /Catalogs
By registering with your own loft profile, you agree that the personal information provided is correct, accurate and non-deceptive.
All data made public or to be made public must be legal and lawful. You acknowledge this provision and are solely liable for the data, texts and images published by you, both in civil and criminal proceedings and all the resulting damage.
Published data must not constitute any violation of copyright, patent or trademark rights, trade secrets or other proprietary, intellectual, privacy, personality or publicity rights of any third party. Published data may not be deceptive, threatening, defamatory, libelous or harassing.
In case of conflict with one or more other members or with third parties, you will indemnify Herbots Imex from any claims and damages, current and future, of any kind, known and unknown, foreseeable and unforeseen, known and unknonwn, arising from or in connection with the conflict, including for any periodic penalty payments, interests and legal costs. You will also be liable for any damage that Herbots Imex itself suffers, both direct and indirect damage.
In the event of a conflict with Imex Herbots or its appointees, or in the event of a conflict with third parties, Herbots Imex, without further justification, is entitled to remove the data, texts and images provided by you from its website provisionally and pending a final settlement or decision (either by mutual agreement or by judicial or administrative decision or by order of any public authority), without owing any compensation for the provisional measure it has taken.
If the conflict is of such a nature, Herbots Imex can remove any animals or materials you have offered from its site, pending a final settlement or verdict.
The existence of a conflict in itself is already of such a nature to call for precautionary action.
If the complaint is well founded, it is submitted or a final ruling is submitted, the necessary measures will be taken finally and undeniably (removal of the texts, images, information or data).
This "loft" item is only for personal and not for commercial use. You must not use your loft profile in a way contrary to the ordinary and normal use of the internet, for any unauthorised purposes or any purpose that conflicts with other certain conditions in this text or in violation of other warnings and conditions. You should use the website in its entirety use as a normal, careful and reasonable person. This means, among other things, that all forms of fraud are strictly forbidden.
You can only register if you are over 13 years. Minors must ask permission from a parent or legal guardian before creating a profile.
Herbots Imex may at any time, for any reason and without prior justification or notice end your registration as a loft.
When detecting any conflict with you or in the event of a third party complaint concerning your loft profile and the data, logos or texts, photos or drawings used therein, Herbots Imex may also decide at any time to temporarily suspend the collaboration, or to terminate it definitively and to put an end to your registration as a loft.
The use of this Internet site is subject to Belgian law.
Article 4 - Creation of the purchase agreement
4.1 Ownership and risk
The provider submits his pigeon in good health, accompanied by all requested documents and property deeds. He remains the owner of the pigeon until the pigeon is delivered provided that and after the full purchase price has been received by Herbots IMEX.
The risk related to the pigeon shall pass to the buyer at the time of its delivery by the seller to IMEX Herbots and provided that the supplier has met the abovementioned conditions.
The buyer is obliged to pick up the pigeon at the headquarters of IMEX Herbots within 14 days after confirmation of assignment, or after the conclusion of the sale at the fixed price.
IMEX Herbots is not responsible for the transport of the pigeon to the buyer or for the delivery address to be indicated by the latter and can not be held liable, even when it is separately invited by the buyer to cooperate in facilitating the preparations for the transport and the transport itself.
In the event that the transport should take place by or through the intermediary of IMEX Herbots at the explicit request of the buyer, this will be the subject of a separate agreement.
4.2 Offer and creation of the agreement
The description of a pigeon or pigeons and/or the photos of a pigeon or pigeons on the website are purely invitations from Herbots IMEX to the owner-seller until receiving a binding offer to buy. They are by no means a binding offer to sell coming from Herbots Imex themselves unless Imex Herbots itself is offering the pigeons for sale itself in its own name and as the owner the pigeons.
The owner-seller is mentioned with the sale on the site. Herbots Imex provides the bidder or prospective bidder with more information upon simple request.
The buyer who wishes to purchase a pigeon described and/or shown on the website either:
- makes Herbots IMEX an offer either to pay a fixed price for pigeon that is offered through te website,
- or puts in a binding offer to Herbots IMEX before the end of the bidding period mentioned on the site, mentioning the price he is offering
This offer is binding for the buyer.
The buyer is aware that Herbots IMEX is not obliged to accept this offer, even if this offer would be the highest bid received, if the bidder offers no guarantees for the correctness of his identity, or for the payment.
In any case, Herbots IMEX reserves the right to request additional information from the buyer after receipt of his offer.
The purchase agreement between the seller and the buyer is then concluded the moment Herbots IMEX accepts the buyer's offer to purchase the pigeon or product up for sale.
4.3 Payment of the purchase price
The sales price, which must be paid by the buyer to Herbots IMEX for the pigeon, is the price the buyer has offered in his binding offer on the pigeon and that was accepted and confirmed by Haim IMEX.
All amounts are always expressed in EURO. Unless expressly agreed otherwise in writing, all payments will be made in EURO, within a period of 7 (seven) calendardays after payment request, following the written confirmation of the final assignment by Herbots Imex to the buyer, unless the sales and payment conditions are differently expressed at the specific sale.
Only after payment of the purchase price and (as far as the transport is possible) the possible costs for transport and all other costs, necessary for the export of the pigeon or the product, the seller, as well as Herbots Imex are obliged to deliver the pigeon or the product to the buyer upon pick up at the registered office.
The aforementioned sales price does not include, as applicable: the Belgian value added tax (VAT) or any other tax imposed by or to be imposed by the government.
The purchase price does not include either:
- any other applicable taxes or fees such as import taxes;
- other costs, such as any bank charges incurred by the buyer;
- transport and delivery costs for the transport of the pigeon from the place where it is/from the registered office of Herbots Imex bvba the moment the sale is realized to the location the buyer desires. Herbots IMEX takes care of this transport upon the buyer's explicit request of the buyer against the rate it charges.
Herbots IMEX has the right to suspend its obligations to supply in the event of late payment of the purchase price.
The non-payment or incomplete payment of the total amount (purchase price with any additional costs) within the aforementioned period, is a serious shortcoming and is sufficient to give rise to the non-judicial dissolution of the agreement due to breach of contract against the buyer.
The place of payment is always the registered office of Herbots IMEX, as indicated above.
Article 5 – delivery
Herbots IMEX undertakes the delivery of the purchased good.
The desired place of delivery is communicated tot Herbots IMEX by the buyer at the time of the offer at the latest.
Herbots IMEX undertakes to deliver the pigeon as provided for in Article 4 of these conditions, and no later than six months after the end of the auction period, as far as the transport is possible and was expressly accepted by Herbots Imex.
Herbots IMEX can under no circumstances be obliged to deliver the Pigeon before the purchase price, taxes and any transport costs, as stipulated in Article 4.3, are received.
Article 6 – Other obligations of Herbots IMEX
In addition to the sale and delivery, Herbots IMEX undertakes to meet these obligations.
6.1 Health of the pigeon offered
Herbots IMEX undertakes the obligation towards its supplier(s)/the pigeon fancier(s) to deliver the pigeon Herbots IMEX offers for sale on its website, in good condition. Herbots IMEX has no obligation to investigate the health of the pigeon on offer. It is the obligation of the owner of the pigeon to provide the necessary guarantees regarding the health and condition of the pigeon on offer. Herbots IMEX will review the health of the pigeon on offer only on the basis of the following external characteristics:
- normally white nose capsules;
- sufficient muscle fabric beside the sternum;
- pale pink throat without mucus;
- shiny feathers;
- a vivid impression.
Moreover, Herbots IMEX undertakes to ask its supplier(s)/pigeon fancier(s) proof that the pigeon has been vaccinated against paramyxo less than six months before the end of the auction period / before supplying the pigeon.
Herbots IMEX are not responsible for any erroneous reports concerning the health and situation of the pigeon on offer by the owner.
6.2 Identity of the pigeon
In the absence of proof to the contrary by the buyer, the identity of the pigeon will be adequately demonstrated by Herbots IMEX by means of the pedigree and the ring card (except in the countries where the Federation – such as the Royal Belgian Federation of Pigeon Fanciers – or similar foreign entities do not provide these, in which case the ring on the leg shows the identity of the pigeon). Unless agreed otherwise, the aforementioned documents are transferred by Herbots IMEX to the purchaser the moment of delivery of the pigeon or shortly after delivery by mail.
Taking into account the nature of the good sold, being a live animal, the Buyer acknowledges that any infertility or reduced fertility of the pigeon – notwithstanding the efforts of Herbots IMEX in this respect and as specified hereafter – does not affect the compliance of the good delivered and the services provided by Herbots IMEX.
Partly in view of the nature of the good sold, being a live animal, the Buyer acknowledges that a perfect health of the Pigeon - notwithstanding the efforts of Herbots Imex in this respect and as specified hereafter - is not required for Herbots Imex to have met its delivery obligation.
The assessment of the pigeon for sale, if this is communicated and of which the judge is reported, is performed personally and in good faith. The assessment is indicative and derives no rights to the buyer to rescind the purchase, nor to pay any compensation.
Only if the sale of the pigeon is preceded by an exhibition of the animal, the prospective purchaser or bidder has the possibility to see and vet the pigeon according to the applicable regulations.
Unless otherwise expressly agreed, an individual inspection by the prospective buyer of the pigeons offered for sale can not be allowed for safety reasons.
Article 7 – Special definitions with regard to the consumer
The sale via the website of Herbots IMEX is qualified as remote selling regulated by the provisions of the book VI "Market practices and consumer protection" of the Belgian Code of Economic Law (Article VI.45 and following CEL).
On the basis of article VI. 47 WER, the consumer shall have a period of 14 days to the revoke remote contract without giving any reason, and without having to bear any costs other than those referred to in Article VI. 50, § 2 and article VI. 51 CEL.
However, the consumer cannot exercise the right of withdrawal for service agreements after full completion of the service if the performance started with the explicit prior consent of the consumer and if the consumer has acknowledged that he loses his right of withdrawal as soon as the company has completed the agreement (Article VI.53 CEL).
When placing a bid, the potential buyer expressly gives prior consent for the execution of the services offered by Herbots IMEX.
The consumer expressly acknowledges that he loses his right of withdrawal as soon as Herbots IMEX has fully executed the agreement, namely as soon as the goods offered by Herbots IMEX have been delivered.
On the other hand, the consumer cannot invoke the right of withdrawal of article VI. 47 CEL in the case of agreements concluded at a public auction (article VI. 53, 11 ° CEL). The services that Herbots IMEX provides are inextricably linked to a public auction. The consumer therefore does not have a right of withdrawal.
Article 8 - Complaints
Any lack of conformity must be reported to Herbots IMEX by registered letter within one month of delivery. A defect that is not reported in time can under no circumstances give rise to liability on account of Herbots IMEX.
Article 9 – force majeure
Herbots IMEX is not responsible for and can not be obliged to pay any compensation to the buyer/seller in case of temporary or permanent force majeure to perform. Force majeure includes any cause beyond the control of Herbots IMEX, such as (but not limited to): strike, outbreak of avian influenza or other diseases, import or export ban, protective measures by the government ...
In case a situation of temporary force majeure longer than 30 calendar days, Herbots IMEX has the right to dissolve the purchase contract, without owing the purchaser/seller any compensation.
Article 10 - Privacy
Your privacy matters to Herbots IMEX.
Herbots Imex respects the European General Data Protection Regulation (EU GDPR) or the rules regarding the management and protection of personal data (regulation of the European Commission of 24.05.2016).
It refers to its privacy statement and the guarantees it issues for the personal information you have provided or which they have obtained from you indirectly.
This "privacy statement"is an integral part of the general terms and conditions.
Article 11 - Applicable law
The purchase agreement between the original owner and the buyer, in which Herbots IMEX acts as an intermediary, shall be governed by the general terms and conditions. Previous terms and conditions or terms and conditions of the buyer mentioning otherwise, do not apply in any case.
Furthermore, the purchase agreement shall be governed by the Belgian law.
Article 12 - Jurisdiction
All disputes between the parties arising from or relating to the validity, execution and/or interpretation and/or termination of the purchase agreement, including the general terms and conditions shall be submitted to the Belgian courts, in particular the courts of the District of Leuven, which have exclusive jurisdiction. Herbots IMEX can expressly decline this in writing.
Article 13 – Cookies