BUYER TERMS

1. about these buyer terms

1.1 These Buyer Terms apply whenever you place a Bid for, or buy, a horse through the Platform. They supplement the General Platform Terms, which continue to apply to your use of the Platform.

1.2 By placing a Bid or using Secure Now, you confirm that you accept these Buyer Terms and the General Platform Terms.

1.3 Capitalised words used but not defined in these Buyer Terms have the meanings given in the General Platform Terms.

1.4 If these Buyer Terms conflict with the General Platform Terms in relation to a Bid, Sale or Sale Contract, these Buyer Terms prevail to the extent of the conflict.

2. ELIGIBILITY TO BID AND BUY

2.1 You must be at least 18 years old and have legal capacity to place a Bid or buy a horse. If you act for a business or another person, you must have authority to bind them.

2.2 Before you can Bid or buy, you must complete the checks required by Marengo at its sole discretion. These may include but are not limited to identity, sanctions, business-status, VAT and payment checks.

2.3 You must provide complete, accurate and current information, including any VAT registration information reasonably requested for the Sale.

2.4 You must register a payment card and complete 3-D Secure verification before bidding. If Marengo permits you to proceed without a registered card, you must instead pay the refundable deposit specified by Marengo by bank transfer.

2.5 Each time you place a Bid or use Secure Now, you represent and warrant that you have legal capacity and authority to enter into the Sale Contract, that all information provided by or on your behalf is complete, accurate and not misleading, and that you have had the opportunity to undertake any inspections, veterinary examinations and other due diligence you consider necessary before placing the Bid or using Secure Now.

3. BUYER ENQUIRIES AND VETERINARY EXAMINATIONS

3.1 Before placing a Bid or using Secure Now, you should review the listing, the health and behaviour questionnaire and any veterinary documents made available on the Platform, and ask the Seller any questions that are important to you. It is your responsibility to read any information provided carefully before making a Bid or offer to purchase any horse. It is also your responsibility to understand the Seller's and Marengo's collection, delivery and payment terms, as applicable.

3.2 Any veterinary level or indicator shown on a listing describes only the extent of the examination carried out. It is not a statement by Marengo about the horse, its health or its suitability for you. Marengo does not evaluate any horse or act as an expert or specialist in relation to any horse. Marengo makes no representations and gives no warranties in relation to any horse or the accuracy or completeness of any information provided about a horse, including but not limited to its description, fitness for purpose or availability for sale.

3.3 If you want to view or try the horse, or obtain a further veterinary examination, you must arrange this with the Seller before buying and pay the related costs. Any such arrangement is between you and the Seller.

3.4 You are responsible for deciding whether the horse is suitable for your intended purpose and whether you require independent veterinary or other professional advice before buying.

3.5 Except to the extent expressly stated in the listing or required by applicable law, Marengo gives no warranty as to the horse’s fitness for any particular sporting or other purpose or as to its future performance.

4. AUCTIONS AND BIDDING

4.1 Each auction opens and closes at the time shown on the Platform. If a Bid is placed during the final two minutes, the closing time for that horse is extended by two minutes. This may happen more than once.

4.2 You may place a manual Bid or enter an Automated Bid. Each Bid must comply with the increments and other bidding rules shown on the Platform.

4.3 The standard Bid increments are as follows:

4.4 Below €30,000, a manual Bid must increase the current price by at least the full standard increment. At €30,000 or above, a manual Bid may increase the current price by a minimum of €1,000. Every Bid must end in a multiple of €50.

4.5 When you enter an Automated Bid, the Platform bids for you by the applicable increment when another Buyer outbids you, up to the maximum amount you entered. If two Buyers enter the same maximum amount, the Buyer who entered it first has priority at that amount.

4.6 You may increase an Automated Bid, but you may not reduce or withdraw it. A Bid is binding once accepted by the Platform and may not be withdrawn unless Marengo expressly permits this under the General Platform Terms or applicable law.

4.7 In the closing seconds of an auction, Marengo may, as the Seller's agent, use the Platform to place Bids on the Seller’s behalf up to the Minimum Price. You will be informed of this before bidding.

5. secure now

5.1 Where Secure Now is available, you may buy the horse immediately at the displayed Secure Now Price without waiting for the auction to close.

5.2 Secure Now is available from publication of the listing until the earlier of:

5.2.1 the highest Bid reaching 80% of the Secure Now Price;

5.2.2 30 minutes before the auction is due to close; and

5.2.3 the horse being sold or the listing being withdrawn or suspended.

5.3 When the Platform confirms that your Secure Now purchase is complete, the Sale Contract is formed and bidding for that horse closes.

6. formation of the sale contract

6.1 A Sale Contract is made in one of the following ways:

6.1.1 at the close of an auction, automatically between the Seller and the Buyer who placed the highest valid Bid if that Bid meets or exceeds the Minimum Price; or

6.1.2 for Secure Now sales, when the Platform confirms that the purchase is complete.

6.2 If the highest valid Bid does not meet the Minimum Price, no Sale Contract is formed and the horse is not sold.

6.3 Marengo is not a party to any Sale Contract but acts as the disclosed agent of the Seller for the limited purposes set out in the Seller Terms. The Seller’s identity is disclosed on the listing and in the relevant transaction documents. Once the Sale Contract is formed, Marengo will provide the Buyer and Seller with any additional details needed to complete the Sale. Except in respect of Marengo’s own obligations under these Buyer Terms, the General Platform Terms or the Marengo Guarantee, and subject to any liability that cannot lawfully be excluded, you accept that you will have no claim or cause of action against Marengo in respect of the sale (or non-sale) of any horse.

7. purchase price and VAT

7.1 You must pay the Purchase Price shown in the transaction documents. No separate buyer’s fee is added to the Purchase Price.

7.2 The VAT treatment of the horse depends on the Seller, the location of the horse and the circumstances of the Sale. You must provide any accurate tax or business information reasonably requested by Marengo, and Marengo may apply the treatment required by applicable law.

7.3 You are responsible for any transport, export, import, customs, quarantine and similar costs that are not included in the Purchase Price.

8. payment and payment security

8.1 When the Sale Contract is formed, Marengo will place a hold on your registered payment card for the lower of €2,500 and the Purchase Price or, where agreed by Marengo at its sole discretion, Marengo will accept a deposit of the same amount by bank transfer (the “Payment Security”). You authorise Marengo to hold and, where permitted under these Buyer Terms, charge the Payment Security.

8.2 The Payment Security secures your obligations under these Buyer Terms. Marengo may charge or apply it only as expressly permitted under clause ‎9. Any amount not properly applied will be released or refunded.

8.3 You must pay the Purchase Price by bank transfer within five days after the Sale Contract is formed. You must use the payment reference provided by Marengo.

8.4 You must pay in full and in cleared funds to the account specified by Marengo. Marengo receives the Purchase Price as the Seller’s agent for settlement to the Seller in accordance with the applicable terms.

9. failure to pay

9.1 If you do not pay the Purchase Price within five days, Marengo will send you reminders at intervals during the five-day period and a formal payment notice if that period expires prior to payment.

9.2 If you have not paid the Purchase Price within the five-day payment period, Marengo may at its discretion retain the Payment Security (by either charging the amount subject to the card hold or retaining the deposit paid by bank transfer).

9.3 Closing your account does not cancel a Bid or Sale Contract or release you from your payment obligations. If Marengo suspends or blocks your account before a horse is sold, your active Bids will be withdrawn and the auction will continue. If a Sale Contract has already been formed, the Sale, settlement and Marengo Guarantee will continue in accordance with the applicable terms.

9.4 In the event of the Buyer's non-payment, the Seller is entitled to enforce the Sale Contract or agree to unwind the Sale. Marengo will not unwind the Sale without the Seller’s agreement unless permitted by the applicable terms or required by law.

10. the marengo guarantee

10.1 You may reconsider your purchase without having to show that the horse is defective or has been misdescribed within seven days after the Sale Contract is formed.

10.2 The seven-day period runs whether or not you have paid. You may invoke the Marengo Guarantee only after Marengo has received the Purchase Price in full and before the seven-day period ends.

10.3 To invoke the Marengo Guarantee, you must clearly tell Marengo through the method stated on the Platform or by contacting support@marengo.horse before the seven-day period ends.

10.4 The horse must remain with the Seller during the Marengo Guarantee period. If you collect the horse, the Marengo Guarantee ends immediately. Collection does not end or restrict any statutory rights that apply to the Sale Contract.

10.5 If you validly invoke the Marengo Guarantee, the Seller keeps the horse and the Purchase Price paid becomes Marengo Credit under clause ‎11. The Marengo Guarantee does not provide a cash refund, except where applicable law requires one.

10.6 The Marengo Guarantee is separate from, and does not replace or restrict, any statutory cancellation or other consumer rights that apply under clause ‎12. If your communication does not make clear which right you are exercising, Marengo may ask you to clarify before processing it.

11. marengo credit

11.1 Marengo Credit issued under clause ‎10 is equal to the Purchase Price received by Marengo for the relevant Sale.

11.2 Marengo Credit is valid for 12 months from the date it is issued. It cannot be extended, transferred to another person or exchanged for cash, except where applicable law requires otherwise.

11.3 You may use Marengo Credit only to buy one or more horses through the Platform. You may use it across more than one purchase until it has been fully used or expires.

11.4 Marengo will issue an invoice for the Marengo Credit instead of a sale invoice for the horse. If an early-registration benefit was used for the original purchase, it will be reinstated with the Marengo Credit in accordance with the terms of that benefit.

11.5 This clause applies only to Marengo Credit issued under the contractual Marengo Guarantee. It does not permit Marengo Credit to be substituted for a monetary refund due under an applicable statutory right unless you expressly agree and the law permits it.

12. consumer rights

12.1 This clause applies where you are an individual acting wholly or mainly outside your trade, business, craft or profession and the Seller is acting for purposes relating to the Seller’s trade, business, craft or profession. Your rights depend on the law applicable to the Sale Contract. The Marengo Guarantee is additional to, and does not replace, any mandatory consumer rights available to you.

12.2 Cancellation of Sale Contract

12.2.1 Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and equivalent EU legislation, you may cancel the Sale Contract at any time after it is formed until the end of 14 days after the day on which you, or a person identified by you other than the carrier, take physical possession of the horse.

12.2.2 To cancel, you must clearly inform the Seller before the cancellation period ends. You should also notify Marengo through the Platform or at support@marengo.horse and explain your reason for cancelling where possible.

12.2.3 If you validly cancel after collecting the horse, you must return it to the Seller within 14 days. You will bear the direct return costs if you were informed of this before the Sale Contract was formed. The Seller may deduct from the refund any reduction in value caused by handling beyond what was necessary to establish the horse’s nature, characteristics and functioning, where permitted by law.

12.2.4 Any refund will be made using the same payment method used for the original transaction. You may instead opt to receive Marengo Credit, subject to the Marengo Credit terms.

12.2.5 Separately, if the horse is not of satisfactory quality, fit for any particular purpose made known to the Seller, or as described, you may have statutory rights against the Seller under the Consumer Rights Act 2015.

12.2.6 You may have a right to reject the horse within 30 days after ownership or possession has transferred to you and the horse has been delivered.

12.2.7 You must exercise those rights against the Seller and should also notify Marengo through the Platform or at support@marengo.horse. You and the Seller are responsible for resolving the claim. Marengo may withhold any Sale proceeds that have not been released and facilitate communications, but does not determine whether the horse conforms to the Sale Contract or whether you are entitled to a remedy.

13. Misdescription and misrepresentation reports

13.1 You may report any material misdescription or misrepresentation concerning the horse to Marengo from formation of the Sale Contract until 14 days afterwards. This reporting process does not limit any statutory right or other claim you may have against the Seller.

13.2 You should make the report through the Platform or at support@marengo.horse, explain the issue clearly and provide any supporting information reasonably requested by Marengo.

13.3 Any claim concerning the description, quality or condition of the horse must be pursued against the Seller. You and the Seller are responsible for resolving the claim.

13.4 Marengo may request information from you and the Seller, facilitate communications and withhold any Sale proceeds that have not been released while a report made within the 14-day reporting period remains open. Marengo does not determine whether the horse conforms to the Sale Contract or whether either party is entitled to a remedy.

14. collection, transport and stabling costs

14.1 Unless clause ‎12 applies, you must arrange and pay for collection and transport including export of the horse from the Seller’s premises in the country where the horse is located.

14.2 You must collect the horse within 14 days after the Sale Contract is formed, allowing any reasonable period required to obtain export documentation, unless you have validly cancelled the Sale Contract or you and the Seller agree otherwise.

14.3 If you do not collect the horse within that period and have not validly cancelled the Sale Contract, the Seller may charge reasonable daily stabling costs from the end of that period until collection.

14.4 If you cancel the Sale Contract or exercise a statutory right to reject the horse after collection, responsibility for returning or collecting the horse and the associated costs will be determined in accordance with clause ‎12 and applicable law.

14.5 If the Seller fails to make the horse available for collection, you may exercise any right or remedy available against the Seller under the Sale Contract or applicable law. Marengo may also restrict or suspend the Seller’s account.

15. risk, title and insurance

15.1 Risk in the horse passes from the Seller to you when you collect the horse. Until then, risk remains with the Seller.

15.2 Title to the horse passes to you on the later of:

15.2.1 receipt of the Purchase Price in full and in cleared funds by Marengo or the relevant payment provider; and

15.2.2 your collection of the horse.

16. export and import

16.1 You are responsible for all import formalities and related costs and risks. Any import must be made in your name and for your account.

16.2 You must comply with applicable customs, transport, welfare, quarantine and other legal requirements and provide any documents reasonably requested for tax or compliance purposes.

17. transaction documents

17.1 When the Sale Contract is formed, Marengo will issue you with a pro forma invoice showing the total amount payable.

17.2 Once the Marengo Guarantee has ended, Marengo will replace the pro forma invoice with a sale invoice prepared in the Seller’s name and on the Seller’s behalf.

17.3 If you invoke the Marengo Guarantee, Marengo will issue an invoice for the Marengo Credit instead of a sale invoice for the horse.

17.4 If the Sale Contract is validly cancelled or terminated, Marengo may cancel or correct the relevant transaction documents as required.

18. marengo's transaction powers

18.1 In addition to its rights under the General Platform Terms, Marengo may reject or disregard a Bid, correct an error, or suspend, extend, reopen or cancel an auction or transaction process at its discretion.

18.2 Marengo’s role as the Seller’s agent and its control of the Platform and transaction process do not make it a party to the Sale Contract. Once a Sale Contract has been formed, it may be terminated or unwound where permitted by the applicable terms, by agreement between you and the Seller, through the valid exercise of a contractual or statutory right, or where required by law.

18.3 Nothing in this clause limits any mandatory statutory right available to you.

19. disputes between the buyer and seller

19.1 Any dispute concerning the horse, its description, collection or the Sale Contract is between you and the Seller, except to the extent that the dispute concerns Marengo’s obligations under the Marengo Guarantee or these Buyer Terms.

19.2 Marengo may facilitate communications, request information and take any administrative steps permitted by the applicable terms, including withholding any Sale proceeds that have not been released. Marengo is not required to mediate, determine or fund the dispute.

19.3 Nothing in this clause limits any mandatory right or remedy available to you.