Terms and Conditions

Buy That Horse – Horse Auction Terms & Conditions

1. Animal Welfare Policy
Buy That Horse is committed to responsible horse ownership and will report a sick Horse or Horse in compromised condition to the relevant Horse Welfare Organisations with all the details of the Owner including the address where the Horse is stabled.

Horses may not be sold through the platform if intended for:

• Bush racing/Racing
• Slaughter
• Known abusive environments
• Individuals previously convicted of animal cruelty

Buy That Horse reserves the right to refuse a sale if welfare concerns arise.

The Seller and Buyer agree that a home check may be conducted prior to and after the sale of the Horse. The Buyer further agrees to permit reasonable follow-up welfare inspections and to provide reasonable updates regarding the condition and wellbeing of the Horse when requested.

2. Buyers Registration Agreement
By registering as a buyer on the Buy That Horse website, you agree to the following terms and conditions.

To participate in auctions hosted by Buy That Horse, all buyers must complete the registration process and provide accurate and truthful information.

By registering, the buyer confirms that:
• All information provided is accurate and complete.
• They are 18 years or older.
• They have the legal capacity to enter into a binding contract.

Buy That Horse reserves the right to approve, reject, or cancel buyer registrations at its sole discretion.

3. Horse Agents
Any person acting as a Horse Agent on behalf of the legal Owner of a Horse shall agree to the following terms and conditions:

3.1 Authorisation of Agent
If listing a Horse for sale as an authorised agent on behalf of the legal Owner, the Agent shall ensure that the Owner has completed and signed an Authorisation of Agent Form. This form must be submitted to admin@buythathorse.com prior to the Horse being listed for auction, together with a copy of the Owner’s identification document, the Agent’s identification document, and any additional documentation reasonably required by Buy That Horse.

3.2 Proof of Authority
The Agent may be required, prior to participating in the Sale, to establish to the satisfaction of Buy That Horse that they are duly authorised to act on behalf of the Owner and must provide any documentation requested by Buy That Horse to substantiate such authority.

3.3 Liability of the Agent
The Agent shall be jointly and severally liable to Buy That Horse for the timeous fulfilment of all obligations of the Owner in terms of these Conditions of Sale.

3.4 Responsibility for Auction Costs
The Agent shall be responsible for all costs associated with placing the Horse in the auction, including but not limited to the administration fee and the sales levy of ten percent (10%) payable to Buy That Horse.

3.5 Agent Commission
The Horse Agent may add a commission of up to ten percent (10%) to the Owner’s reserve price in order to cover the Agent’s expenses and commission. This commission must be incorporated into the reserve price submitted to Buy That Horse.

A Horse Agent Declaration Form must be completed and submitted to auction@buythathorse.com prior to the Horse being listed.

3.6 Payment of Agent Commission
The Horse Agent shall receive their commission separately from the Owner prior to the Horse being collected by the successful Bidder.

3.7 One Agent per Horse
Only one Horse Agent may represent a Horse listed in the auction.

3.8 Deductions from Final Sale Price
Upon a successful sale, the ten percent (10%) sales levy payable to Buy That Horse and the ten percent (10%) commission payable to the Horse Agent shall be deducted from the final winning bid before the remaining balance is paid to the Owner of the Horse.

3.9 Acceptance of Agents
Buy That Horse reserves the right to accept or reject any Horse Agent at its sole discretion. Only reputable and approved Horse Agents over the age of 18 years will be permitted to participate in the auction.

4. Liability and Indemnity Clause
All persons attending the auction website, viewing properties, handling horses, riding horses, loading, transporting, or participating in any activity related to the auction do so entirely at their own risk.

The Auctioneer, Seller, Organisers, Employees, Agents, Contractors, and Property Owners shall not be liable for:

• Injury, illness, or death to any person
• Loss or damage to property or vehicles
• Veterinary costs arising from pre- or post-sale incidents
• Any indirect, consequential, or special damages
• Injury or death caused by the horse post-sale
• Transport incidents
• Stable yard incidents
• Third-party claims relating to the horse

5. The Horse
5.1 Horse Risk Disclosure
The Buyer acknowledges and accepts that:

• Horses are live animals and inherently unpredictable
• Horses may buck, kick, bite, rear, bolt, shy, or behave unexpectedly
• No warranty is given regarding future soundness, temperament, or performance

5.2 Horse Bidding Price
5.2.1 Buy That Horse Bidding Structure
The minimum starting price that will be accepted for any Horse at the Sale on Buy That Horse Online Auction will be as follows;

• Horses and Foals – R5000-00 (Five-Thousand-Rand- Only)
• Donkeys – R1000-00 (One-Thousand-Rand-Only)

5.3 Age Eligibility of the Horse
No foals under the age of one (1) year shall be eligible for listing or sale on the online auction platform or market place. Furthermore, horses exceeding eighteen (18) years shall not be accepted for listing or sale on the platform.

5.4 Mare Tested In Foal
Any mare sold and represented as “Tested In Foal” may, at the Purchaser’s request, be examined by a qualified veterinarian at the place of purchase within seventy-two (72) hours of the time of sale, at the sole cost and expense of the Purchaser. Should such veterinary examination determine that the mare is not in foal, the Purchaser shall be entitled to cancel the sale and return the mare to the Seller.

Should a sale be cancelled in accordance with these Terms and Conditions, the Seller shall refund the Purchaser the purchase price paid for the horse. Any administration fees, buyer’s premiums, commissions, platform fees, or other charges payable to Buy That Horse shall remain due and payable and shall not be refunded.

5.5 Pre-Purchase Responsibility
• Buyers are encouraged to conduct independent veterinary examinations 2 days or more prior to bidding
• Once the auction time runs out on the website, risk passes immediately to the Buyer
• The Auctioneer and Seller are not responsible for any condition discovered after sale unless fraud can be proved

5.6 Horse Condition and Seller Disclosure Policy
Sellers must provide honest and complete disclosure about the horse.

This includes but is not limited to:
• Age
• Breed
• Correctly measured Height
• Training level
• Medical history
• Vices
• Injuries or past surgeries
• Behavioural issues
• Scars or defects

5.7 Seller Responsibility for Accuracy
Seller’s listing horses on the Buy That Horse platform is solely responsible for ensuring that all information provided about the horse is accurate, truthful, and complete to the best of their knowledge.

This includes, but is not limited to:

• Full history
• Age
• Breed
• Height
• Pedigree
• Training Level
• Competition history
• Temperament
• Soundness
• Medical history
• Injuries or surgeries
• Behavioural issues or any vices
• Scars, defects or abnormalities

Any known issues must be fully disclosed at the time of listing.

Failure to disclose known issues may result in removal from the platform and potential legal consequences.

Buy That Horse does not independently verify all seller information.

5.8 Misleading Representation
Sellers must not provide false, misleading, exaggerated, or incomplete information regarding any horse listed on the platform.

This includes:
• Misrepresenting the horse’s level of training
• Misrepresenting the horse’s current level of training
• Concealing medical conditions
• Not disclosing any medication, the Horse is on
• Not disclosing any special supplements, the Horse is currently on
• Hiding known behavioural problems
• Providing altered or misleading old photos or videos – photos and videos need to be recent and not altered using AI, filters or any designing programmes

5.9 Buyer Responsibility Policy
Buyers are strongly encouraged to:

• Arrange a pre-purchase veterinary examination no later than 2 days before the auction date
• Review all available information and videos
• Ask the seller questions before bidding
• Appoint a Client Representative through Buy That Horse to go and view the Horse in person if you cannot go

5.10 Transfer of Risk
Ownership and risk transfer to the Buyer immediately upon the fall of the hammer.

The Buyer assumes full responsibility for:

• Veterinarian Bills
• Injury or death to/or the Horse
• Illness post-sale
• Transport cost and arrangements
• Insuring the Horse with immediate effect

5.11 Transport
Transport arrangements are the responsibility of the buyer unless the seller offers transport.

Buy That Horse accepts no liability for:

• Transport injuries
• Transport delays
• Transport disputes
• Transport costs
• Insurance on the Horse transported

5.12 Veterinary and Health Responsibility
Buy That Horse does not guarantee:

• The health of the horse
• The future soundness of the horse
• Suitability for a particular discipline
• Behaviour or temperament
• Future performance of the Horse

Buyers accept that horses are living animals and conditions may change over time.

5.13 Transfer of Ownership
Ownership and risk transfer to the buyer once:

• Full payment has been received within 24 hours of the winning bid, and
• The horse has been released to the buyer or their agent.

Transport arrangements and costs are the responsibility of the buyer.

5.14 Collection and Stabling of the Horse After the Auction
5.14.1 Collection Period
The Buyer shall collect the Horse within two (2) days after the conclusion of the sale.

5.14.2 Stabling Costs
Stabling costs while in the care of the Seller will be charged as follows if the Horse is not fetched within the first two (2) days to allow for transport arrangements, thereafter it will be charged as follows;

• Full stabling - Horse – R250 per day
• Ful stabling – Pony (14.3hh or less) – R180 per day
• Donkey – R100 per day
• Outside livery – R180 per day (Horse or Pony)

It is the responsibility of the Seller to let the Buyer pay the stabling before the Horse is fetched and any disputes that arises because of this arrangement will need to be resolved between the Seller and Buyer.

5.14.3 Extended Collection by Agreement
Should the Buyer require the Horse to remain stabled with the Seller for a longer period, such arrangement must be agreed to in writing with the Seller and all associated stabling, care, and related costs shall be for the sole account of the Buyer.

5.14.4 Buyers Located in Another Province
Buyers residing in another province within South Africa shall be allowed up to seven (7) days from the conclusion of the sale to collect the Horse. Stabling fees shall apply from day three (3) after the sale has concluded.


5.14.5 International Buyers
Where the Buyer is located outside of South Africa, the Seller may, at their sole discretion, agree to accommodate stabling for an extended period at the Buyer’s expense. Such arrangements must be communicated and agreed upon after the auction has concluded.

5.14.6 Alternative Stabling Arrangements
If the Buyer fails to collect the Horse within the specified timeframes and the Seller is unable or unwilling to continue providing stabling, the Buyer shall be responsible for arranging alternative stabling and transport at their own cost and risk.

5.15 Horse Liability Disclaimer
Buy That Horse acts solely as an online marketplace connecting buyers and sellers.

Buy That Horse shall not be held liable for:

• Misrepresentation by sellers
• Veterinary conditions
• Behavioural issues
• Transport issues
• Financial disputes between buyer and seller
• Death or injuries of the Horse

Users participate in auctions at their own risk.

5.16 Buyer Due Diligence
Buyers acknowledge that horses are living animals and that performance, soundness, and behaviour may change over time.

Buyers are encouraged to conduct appropriate due diligence before placing a bid, including:

• Viewing the horse where possible
• Reviewing all available information
• Asking the seller questions
• Arranging a veterinary examination if desired prior to bidding on the Horse

5.17 Pre-Purchase Veterinary Examination (Vetting) Clause
Buyer’s Right to Conduct a full Veterinary Examination including ridden soundness checks, scans, x-rays and bloodwork on the property the Horse is stabled at least 2 days before the auction. No Horse will be removed from the Seller’s premises for a vetting to avoid any risks of injuries or stress to the Horse before the auction.

Any veterinary examination must be arranged at the buyer’s own cost and responsibility.

5.17.1 Copy of the Vetting
A full copy of the finding will be shared with Buy That Horse prior to the auction within 24 hours of being received from the veterinarian by the potential bidder without any charges to Buy That Horse.

5.17.2 Timing of Vetting
Where a buyer wishes to conduct a veterinary examination BEFORE bidding on the auction, the vetting must be completed within two days at latest before the auction closes.

Failure to arrange the vetting within the specified timeframe will be deemed as the buyer waiving the right to a veterinary examination.

5.17.3 Independent Veterinarian
All veterinary examinations must be performed by a qualified and registered veterinarian.

The veterinarian must be independent and not affiliated with the buyer, seller, or Buy That Horse in a manner that could create a conflict of interest.

5.17.4 Outcome of Vetting
The purpose of a veterinary examination is to assist the buyer in determining whether the horse is suitable for their intended use.

Veterinary findings may vary depending on the veterinarian’s professional opinion.

A horse failing a vetting for the buyer’s intended purpose does not necessarily constitute misrepresentation by the seller or stop other bidders from purchasing the Horse.

5.17.5 Disputes Arising from Vetting
In the event of a dispute regarding veterinary findings:

• The parties may agree to obtain a second independent veterinary opinion
• The cost of any additional veterinary examinations will be borne by the party requesting it

Buy That Horse shall not act as a veterinary authority and will not determine the medical suitability of the horse.

5.17.6 Platform Liability
Buy That Horse accepts no responsibility or liability for:

• Veterinary findings
• Medical opinions
• Soundness assessments
• The outcome of any pre-purchase veterinary examination

5.17.7 Acceptance of Veterinary Risk
By participating in auctions on the Buy That Horse platform, buyers acknowledge that horses are living animals and that no veterinary examination can guarantee future health, soundness, or performance.

6. Consumer Protection Act and Horse Auctions (South Africa)
6.1 Code of Conduct
Buy That Horse will ensure the following:

• Transparent bidding
• Honest advertising as per information received from the Seller
• Proper disclosure
• Clear terms and conditions

All Horses are sold “voetstoots” (as is) with all faults. The Buyer purchases the Horse in its existing condition and accepts all risks associated with the Horse. To the extent permitted by law, the Buyer acknowledges that the provisions of sections 55 and 56 of the Consumer Protection Act 68 of 2008 shall not apply to the transaction.

This auction is conducted in accordance with the Consumer Protection Act 68 of 2008. All horses are sold subject to the terms and conditions of the auction. Buyers are responsible for satisfying themselves as to the condition and suitability of any horse prior to bidding within the allowed time frame provided.

Any known defects disclosed by the Seller will be announced before the sale.

The CPA does not protect buyers from simply making a bad purchase.

Buyers are expected to:
• Inspect the horse
• Ask questions
• Request vettings

6.2 Cooling-Off Period
Under the CPA there is generally NO cooling-off period for auctions.

Once the hammer falls:

• The sale is binding
• Buyer must pay according to auction terms

7. Auctions Can Be “With Reserve” or “Without Reserve”
7.1 Auction With Reserve
• Seller sets a minimum acceptable price
• Auctioneer may refuse bids below reserve
• Horse only sells once reserve is met

7.2 Auction Without Reserve
• Horse must sell to the highest bidder
• Auctioneer cannot withdraw the horse once bidding starts

This must be clearly stated before the auction begins.

11. Terms of Use of the Website
11. 1. Website Use
Buy That Horse maintains this website for the purpose of providing information, data, and audio-visual material relating to horses. Access to this website is intended for private, non-commercial use by individuals who have been granted permission by Buy That Horse (“Authorised Users”).

By accessing, visiting, browsing, or using this website, you acknowledge that you have read, understood, and agreed to comply with these Terms of Use.

11.2. Use of Website Material
You agree to access and use all content, information, and data available on this website (collectively referred to as “the Material”), including all associated features and functionalities, strictly in accordance with applicable laws, rules, and regulations.

11.3 You may not, without the prior written consent of Buy That Horse:
• Archive, download (other than temporary caching for personal use), reproduce, distribute, modify, display, perform, publish, license, or create derivative works from the Material.
• Offer the Material for sale or otherwise use it for any purpose other than personal use as permitted under these Terms of Use.

11.4 You further agree not to:
- Circumvent, remove, alter, deactivate, degrade, or interfere with any content protection systems or security features on the website.
- Insert any code, software, or other material designed to manipulate or interfere with the website or the Material displayed on it.
- Use any form of data mining, data harvesting, scraping, or extraction techniques to obtain information from the website.

11.5 Commercial Use Prohibited
Users are strictly prohibited from using, displaying, distributing, or disseminating any of the Material for commercial purposes, or from making the Material available to any third party for any reason, without the express written consent of Buy That Horse.

11.6 Accuracy of Information
Buy That Horse will make reasonable efforts to ensure that all Material published on this website is accurate, lawful, and up to date. However, despite these efforts, the Material may contain inaccuracies, errors, or outdated information.

Buy That Horse accepts no responsibility or liability for any inaccuracies, omissions, errors, or unlawful content that may appear on the website.

11.7 Disclaimer of Warranties
All Material on this website is provided “as is” without any warranties or representations of any kind.

Buy That Horse makes no express or implied warranties regarding the accuracy, reliability, suitability, availability, timeliness, merchantability, fitness for a particular purpose, title, or non-infringement of the Material provided on the website.

11.8 Limitation of Liability
Buy That Horse shall not be liable for any loss or damages of any kind, whether direct, indirect, incidental, special, or consequential, including but not limited to loss of profits, arising from or in connection with:

• The use of this website
• The use or reliance on the Material
• The performance or availability of the website

11.9 Unauthorised Use
Buy That Horse reserves the right to take legal action against any individual or entity that makes unauthorised use of the information, data, or Material published on this website. Such action may include claims for damages and any other remedies available under applicable law.

11.10 Amendments
Buy That Horse reserves the right to amend or update these Terms of Use at any time. Any changes will take effect immediately upon publication on the website. Continued use of the website after such changes constitutes acceptance of the revised Terms of Use.

12. Auction Terms and Bidding Policy
12.1 Binding Bids
All bids placed during an auction are legally binding offers to purchase the horse at the amount bid.

If a bidder wins the auction, they are obligated to complete the purchase.

12.2 Auction Closing
The highest bid at the closing time will be declared the winning bid, provided the reserve price (if applicable) has been met.

12.3 Anti-Sniping Rule
If a bid is placed within the final minutes of the auction, the auction timer may extend to allow fair bidding.

12.4 Payment Terms
Winning bidders must complete payment within 48hours unless otherwise agreed.

Failure to complete payment may result in:
• Cancellation of the sale
• Account suspension
• Potential legal action

13. Charges and Fees Policy
Buy That Horse will charge:
• Listing/Admin fees – R499 per Horse/Pony/Donkey
• A sales levy of ten percent (10%) shall be charged on each successful sale. This amount will be deducted from the final winning bid, and the remaining balance shall be paid to the Seller.

Payments must be completed through the approved payment methods.

14. Penalty Levy on Withdrawals
If a Horse entered into the sale is withdrawn without the submission of an acceptable veterinary certificate confirming that the Horse is unfit for sale due to illness or injury, a penalty levy shall apply. The penalty levy shall be calculated at ten percent (10%) of the reserve price at which the Horse was entered into the sale.

Any veterinary certificate relied upon must be submitted to Buy That Horse prior to the commencement of the sale.

In addition, a levy of ten percent (10%) of the reserve price shall be payable should the Horse be sold by auction or private treaty by Buy That Horse, the Seller, or any agent or representative of the Seller at any time during the period commencing upon acceptance of the Horse into the sale and ending sixty (60) days after the conclusion of the sale.

This levy shall remain payable regardless of whether the sale occurs directly or indirectly as a result of the Horse’s entry into the auction.

15. POPIA Privacy Policy
Buy That Horse complies with the Protection of Personal Information Act (POPIA).

Personal information collected may include:
• Name
• Contact details
• Identification information
• Payment details

This information will only be used for:
• Auction participation
• Communication
• Transaction processing
• Legal compliance

Personal information will not be sold or shared with third parties without consent except where required by law.

16. Prohibited Conduct
Users may not:

• Provide false information
• Manipulate auctions
• Use fake accounts
• Harass other users
• Attempt to bypass the auction system

Violations may result in account suspension or legal action.

17. Dispute Resolution
In the event of disputes between buyers and sellers:
• Parties should attempt to resolve the matter directly.
• Buy That Horse may assist with mediation but is not obligated to resolve disputes.

All disputes will fall under South African law and jurisdiction.

18. Changes to Policies
Buy That Horse reserves the right to update website policies at any time.

Updated policies will take effect once published on the website.

19. Payment and Account Responsibilities
19.1 Confidentiality
Buyers are responsible for maintaining the confidentiality of their account login details.

All bids placed using a registered account will be deemed to have been placed by the registered account holder.

Buy That Horse shall not be held responsible for unauthorized use of a buyer’s account.

19.2 Binding Bids
All bids placed on the Buy That Horse platform are legally binding offers to purchase the horse at the bid amount.

If a buyer submits the highest bid at the close of the auction and the reserve price (if applicable) is met, the Buyer agrees to complete the purchase.

Failure to complete the purchase may result in:
• Suspension or permanent banning from the platform
• Liability for damages or costs incurred
• Legal action if necessary

19.3 Payment Terms
The winning bidder must complete payment within 48 hours of the auction closing unless otherwise agreed.

Failure to complete payment may result in:
• Cancellation of the sale
• Account suspension or permanent removal
• Additional penalties or recovery of costs

Payment instructions will be provided to the winning bidder following the auction.

19.4 Buyer Due Diligence
Buyers acknowledge that it is their responsibility to conduct appropriate due diligence before placing a bid.

Buyers are encouraged to:
• Review all available photos, videos, and descriptions
• Ask questions prior to bidding
• Arrange a veterinary examination within provided time frame
• Personally view the horse where possible or appoint a Horse Buyers Representative from Buy That Horse

20. Payments and Bank Details
All payments must be made into the bank account nominated by the Auction. The Buyer is required to submit proof of payment to the Association immediately after the payment has been paid.
Buy That Horse
First National Bank
Business Account
Account No: 63190780627
Branch No: 250655
Reference: Name of the Horse
Proof of Payment – accounts@buythathorse.com
In the event of the buyer depositing cash, into the abovementioned bank account, all costs associated therewith shall be borne the Buyer.
No Horse shall be released unless and until full payment has been received and reflected as cleared funds in the bank account of Buy That Horse.

21. Refundable Bidder Deposit Policy
21.1. Bidder Deposit Requirement
In order to participate in auctions on the Buy That Horse platform, buyers may be required to pay a refundable bidder deposit prior to being approved to place bids.

The deposit amount will be determined by Buy That Horse and may vary depending on the auction or value of the horses being offered.

The purpose of this deposit is to ensure that all bidders are serious buyers and to protect sellers from non-paying bidders.

21.2. Deposit Holding
The bidder deposit will be held securely by Buy That Horse for the duration of the auction.

The deposit does not constitute payment for the horse unless the bidder becomes the winning bidder.

21.3. Winning Bidder
If a registered bidder wins an auction:
• The bidder deposit may be credited toward the purchase price, or
• Held until full payment is received.

If the winning bidder fails to complete payment within the required timeframe, Buy That Horse reserves the right to:

• Forfeit the bidder deposit
• Cancel the sale
• Suspend or permanently ban the buyer from the platform
• Pursue additional damages where applicable.

21.4 Unsuccessful Bidders
If a bidder participates in an auction but does not win the auction, the bidder deposit will be fully refunded within a reasonable timeframe after the auction closes.

Refunds will be processed within 72hours of the auction end date.

21.5 Fraudulent or Disruptive Bidding
Buy That Horse reserves the right to retain the bidder deposit in cases where a bidder:

• Places fraudulent bids
• Attempts to manipulate auction results
• Violates auction rules or website policies.

21.6. Administrative Fees
Buy That Horse reserves the right to deduct reasonable administrative or banking fees related to processing deposits and refunds where applicable.

21.7 Acceptance
By registering and placing a bidder deposit, the bidder acknowledges and agrees to the terms of this Refundable Bidder Deposit Policy.

22. Non-Paying Bidder Penalty Clause
22.1 Binding Nature of Bids
All bids placed on the Buy That Horse platform constitute legally binding offers to purchase the horse at the amount bid.

If a bidder submits the highest bid at the close of an auction and the reserve price (if applicable) has been met, the bidder is deemed to have entered into a legally binding agreement to purchase the horse.

22.2 Payment Obligation
The winning bidder must complete payment for the horse within 48 hours of the auction closing, unless otherwise agreed in writing.

Failure to complete payment within this timeframe will result in the bidder being classified as a Non-Paying Bidder.

22.3 Penalty for Non-Payment
If a winning bidder fails or refuses to complete the purchase, Buy That Horse reserves the right to:
• Forfeit the bidder deposit paid by the bidder.
• Charge the bidder a penalty equal to 10% of the final bid price, or the auction commission due, whichever amount is greater.
• Recover any additional losses incurred by the seller or Buy That Horse as a result of the failed transaction.

22.4 Additional Remedies
In the event of non-payment, Buy That Horse may:

• Cancel the sale.
• Offer the horse to the second highest bidder.
• Re-list the horse in a future auction.
• Suspend or permanently ban the bidder from the platform.
• Take legal action to recover outstanding amounts or damages.

22.5 Liability for Costs
The non-paying bidder may be held liable for any reasonable costs incurred, including but not limited to:

• Administrative costs
• Marketing and advertising expenses
• Auction commission
• Legal fees where applicable.

22.6 Agreement to Terms
By registering and placing bids on the Buy That Horse platform, bidders acknowledge that they understand and accept the financial and legal consequences of placing a bid.

23. Anti-Shill Bidding Policy

23.1 Fair Bidding Principle
Buy That Horse is committed to maintaining a fair, transparent, and honest auction environment for all buyers and sellers.

Artificially manipulating the price of a horse through fraudulent or deceptive bidding practices is strictly prohibited.
23.2 Prohibited Conduct
The following activities are strictly forbidden on the Buy That Horse platform:
• Sellers bidding on their own horses.
• Bidding on behalf of the seller to artificially increase the price.
• Creating or using multiple accounts to manipulate bids.
• Arranging for friends, family members, or associates to place bids solely to drive up the auction price.
• Any other activity intended to mislead buyers or manipulate auction outcomes.

23.3 Monitoring and Investigation
Buy That Horse reserves the right to monitor all bidding activity on the platform.

If suspicious bidding behaviour is detected, Buy That Horse may investigate the activity and request additional verification from the parties involved.

23.4 Consequences of Shill Bidding
If Buy That Horse determines that shill bidding or bid manipulation has occurred, the platform reserves the right to:

• Immediately cancel the auction
• Remove the horse listing
• Suspend or permanently ban the offending user
• Withhold seller payments
• Report fraudulent conduct where applicable
• Pursue legal action for damages

23.5. Auction Integrity
Buy That Horse reserves the right to invalidate any bids or auctions where fraudulent or manipulative bidding behaviour is suspected to protect the integrity of the auction platform.

23.6 Acceptance
By registering as a buyer or seller and participating in auctions on the Buy That Horse platform, all users acknowledge and agree to comply with this Anti-Shill Bidding Policy.

24. Bidder Deposit
Buy That Horse may require a refundable bidder deposit prior to allowing users to place bids.

The deposit:
• Confirms the bidder’s intention to participate seriously
• May be credited toward the purchase price if the bidder wins
• May be forfeited if the bidder fails to complete payment

Deposits from unsuccessful bidders will be refunded within 72 hours.

25. POPIA Compliance (Privacy)
Buy That Horse complies with the Protection of Personal Information Act (POPIA).

Personal information collected may include:
• Name
• Contact details
• Identification information
• Payment information

This information will be used only for:
• Auction participation
• Communication
• Transaction processing
• Legal compliance

Personal information will not be sold to third parties without consent.

26. Dispute Resolution
In the event of disputes between buyers and sellers:

The parties are encouraged to resolve the matter directly.

Buy That Horse may assist with mediation but is not obligated to resolve disputes.

All disputes shall fall under the jurisdiction of the Republic of South Africa.

27. Amendments to Rules
Buy That Horse reserves the right to amend these Auction Rules at any time.

Updated rules will take effect once published on the website.

28. Acceptance of Rules
By registering, bidding, or listing horses on the Buy That Horse platform, users confirm that they have read, understood, and agreed to these Auction Rules.

29. Personal Information We Collect
Buy That Horse may collect and process the following personal information:

• Full name and surname
• Identity number or passport number (if required for verification)
• Email address
• Telephone number
• Physical address
• Billing and payment information
• Account login details
• Auction activity and bidding history
• IP address and website usage data

This information is collected directly from users during registration, bidding, or communication with the platform.

29.1. Purpose of Collecting Personal Information
Personal information is collected and processed for the following purposes:
• Registering users on the auction platform
• Verifying buyer and seller identities
• Facilitating horse auctions and transactions
• Processing payments
• Communicating with users regarding auctions and services
• Complying with legal and regulatory requirements
• Preventing fraud and ensuring platform security

Buy That Horse will only process personal information for lawful and legitimate purposes.

29.2. Storage and Security of Information
Buy That Horse takes reasonable technical and organisational measures to protect personal information against:

• Unauthorised access
• Loss or misuse
• Alteration or destruction

Personal information will be stored securely and only accessible to authorised personnel.

29.3. Sharing of Personal Information
Buy That Horse will not sell, rent, or trade personal information to third parties.

However, personal information may be shared when necessary, with:

• Payment processing providers
• Website hosting or technical service providers
• Legal or regulatory authorities when required by law
• Sellers or buyers involved in a transaction

All third parties receiving personal information are required to treat it confidentially.

29.4 Retention of Personal Information
Buy That Horse will retain personal information only for as long as necessary to:

• Fulfil the purpose for which it was collected
• Comply with legal obligations
• Resolve disputes
• Enforce agreements

Once personal information is no longer required; it will be securely deleted or anonymised.

30. Cookies and Website Data
The Buy That Horse website may use cookies or tracking technologies to improve website functionality and user experience.

Cookies may collect information such as:
• Browser type
• Device information
• Website usage patterns

Users may disable cookies in their browser settings if preferred.

31. Third-Party Links
The Buy That Horse website may contain links to third-party websites.

Buy That Horse is not responsible for the privacy practices or content of external websites.

Users should review the privacy policies of third-party sites before providing personal information.

32. Changes to This Privacy Policy
Buy That Horse reserves the right to update this Privacy Policy at any time.

Any updates will be published on the website and will become effective immediately upon publication.

33. Electronic Communications and Transactions Policy
33.1 Application of the Electronic Communications and Transactions Act
This website and all electronic transactions conducted through the Buy That Horse platform is governed by the Electronic Communications and Transactions Act (ECTA).

By using this website, users acknowledge that electronic communications, electronic agreements, and electronic records are legally valid and enforceable.

33.2 Electronic Agreements
Users agree that:

• Placing a bid on the Buy That Horse platform constitutes a legally binding electronic offer.
• Winning an auction creates a binding electronic agreement between the buyer and seller.
• Electronic acceptance of terms, registrations, and bids are legally enforceable in accordance with ECTA.

No handwritten signature is required for such agreements to be valid.

33.3 Electronic Signatures
Where a user accepts terms, registers an account, or places a bid through the website, such actions may constitute an electronic signature under the provisions of the Electronic Communications and Transactions Act.

These electronic actions will be treated as the user’s formal acceptance of contractual terms.

33.4 Electronic Records
All electronic records generated through the Buy That Horse platform, including:
• User registrations
• Bid records
• Auction results
• Payment confirmations
• Communication between users

may be stored electronically and may be used as evidence in legal proceedings.

33.5 Communication by Electronic Means
By using the Buy That Horse website, users consent to receiving communications electronically, including:
• Auction notifications
• Transaction confirmations
• Policy updates
• Customer support communications

Such communications may be delivered via:
• Email
• Website notifications
• SMS or messaging services where applicable.

33.6 Website Availability
While Buy That Horse will take reasonable steps to ensure the website operates reliably, the platform does not guarantee that the website will be uninterrupted, error-free, or continuously available.

Buy That Horse shall not be held liable for any losses resulting from:
• Website outages
• Technical failures
• Internet disruptions
• Delays in electronic communication.

33.7 Jurisdiction
All electronic transactions conducted through the Buy That Horse platform are deemed to take place within the Republic of South Africa and shall be governed by South African law.

34. Force Majeure
1. Definition
Buy That Horse shall not be liable for any failure or delay in the performance of its obligations where such failure or delay is caused by events beyond its reasonable control (“Force Majeure Event”).

Force Majeure Events may include, but are not limited to:
• Natural disasters such as floods, fires, storms, earthquakes, or droughts
• Power failures or national power interruptions (including load shedding)
• Internet outages or telecommunications failures
• Cyberattacks, hacking, or system failures
• Government actions, regulations, or restrictions
• Epidemics or pandemics
• Civil unrest, riots, strikes, or labour disputes
• War or acts of terrorism
• Failure of third-party service providers.

34.1 Suspension of Obligations
If a Force Majeure Event occurs, Buy That Horse may suspend or delay its obligations under the auction platform for the duration of the event.

This may include, but is not limited to:
• Delays in auction scheduling
• Temporary suspension of auctions
• Extension of auction closing times
• Delays in communication or payment processing.

34.2 Website and Auction Interruptions
In the event that a Force Majeure Event affects the functioning of the website or auction system, Buy That Horse reserves the right to:
• Pause or cancel auctions
• Extend auction closing times
• Restart auctions where necessary
• Take any reasonable steps required to maintain fair auction conditions.

34.3. Limitation of Liability
Buy That Horse shall not be liable for any loss, damages, or inconvenience suffered by users as a result of a Force Majeure Event affecting the operation of the website or auction platform.

34.4 Resumption of Services
Buy That Horse will use reasonable efforts to restore normal services as soon as reasonably possible after the Force Majeure Event has ended.

34.5 Acceptance
By using the Buy That Horse platform or participating in auctions, users acknowledge and agree that Force Majeure Events may affect the operation of the platform and accept the provisions of this clause.

35. Fraud Prevention Policy
35.1 Commitment to Fraud Prevention
Buy That Horse is committed to maintaining a secure and trustworthy online auction environment.

The platform actively works to prevent fraudulent activity, identity misuse, payment fraud, and manipulation of auctions in order to protect buyers, sellers, and the integrity of the marketplace.

35.2 Identity Verification
Buy That Horse may require users to verify their identity before participating in auctions.

Verification measures may include:
• Identity verification documents
• Contact information confirmation
• Payment verification
• Bidder deposits

Buy That Horse reserves the right to approve or decline user registrations where identity cannot be verified.

35.3 Monitoring of Auction Activity
Buy That Horse reserves the right to monitor platform activity to detect suspicious behaviour, including:

• Unusual bidding patterns
• Multiple accounts linked to the same user
• Bidding intended to manipulate auction prices
• Attempts to bypass platform rules

The platform may use manual review, automated systems, and behavioural monitoring to detect fraudulent activity.

35.4 Prohibited Conduct
Users are strictly prohibited from engaging in fraudulent activities including, but not limited to:
• Creating fake or duplicate accounts
• Providing false information
• Manipulating auctions through shill bidding
• Attempting payment fraud
• Impersonating other individuals
• Interfering with platform systems or security

Any such conduct may result in immediate account suspension.

35.5 Investigation of Fraud
If fraudulent activity is suspected Buy That Horse reserves the right to:
• Suspend or terminate user accounts
• Freeze auction participation
• Cancel bids or auctions
• Withhold funds where necessary

Users may be required to provide additional verification or documentation.

35.6 Reporting Fraud
Users who suspect fraudulent activity on the platform are encouraged to report it immediately to Buy That Horse.

Reports can be made via:

Email: legal@buythathorse.com

All reports will be treated seriously and investigated where necessary.

35.7 Legal Action
Buy That Horse reserves the right to take appropriate action against individuals or entities involved in fraudulent activity, including:
• Account suspension or permanent banning
• Cancellation of auctions
• Recovery of damages
• Reporting fraudulent activity to law enforcement authorities

35.8 Limitation of Liability
While Buy That Horse takes reasonable steps to prevent fraud, the platform cannot guarantee that all fraudulent activity can be prevented.

Users are encouraged to exercise caution and conduct their own due diligence when participating in auctions.

35.9 Acceptance
By registering or participating on the Buy That Horse platform, users agree to comply with this Fraud Prevention Policy and cooperate with any fraud investigations conducted by the platform.

36. Auction Extension Rule (Anti-Sniping Rule)
36.1 Purpose
The Auction Extension Rule is designed to ensure a fair and transparent bidding process by preventing last-second bids that may unfairly determine the outcome of an auction.

36.2 Automatic Auction Extension
If a bid is placed within the final minutes of an auction, the auction closing time will automatically extend.

Each qualifying bid placed during the final minutes will extend the auction by an additional set time period from the moment the bid is received.

Example:
• If the extension period is 2 minutes, and a bid is placed with 30 seconds remaining, the auction timer will reset to 2 minutes.

36.3 Continuous Bidding
The auction will continue to extend each time a new bid is placed within the extension period.

The auction will only close once no additional bids are placed during the final extension period.

36.4 Final Bid
The highest bid at the conclusion of the final extension period will be declared the winning bid, provided that any reserve price has been met.

36.5 Technical Issues
If technical issues occur during the closing period of an auction that may affect fair bidding, Buy That Horse reserves the right to:

• Extend the auction closing time
• Pause the auction
• Restart the auction where necessary

These actions may be taken to ensure fairness for all bidders.

36.6 Platform Discretion
Buy That Horse reserves the right to modify the auction closing time or extension period where necessary to maintain the integrity of the auction process.

36.7 Verifying the Correct Lot No.
It is the sole responsibility of the bidder to verify that the correct lot or horse is selected prior to submitting a bid. Any bid placed constitutes a binding offer and will not be cancelled, reversed, or deleted due to bidder mistake or oversight.

36.7 Acceptance
By participating in auctions on the Buy That Horse platform, bidders acknowledge and agree to the Auction Extension Rule and understand that auction closing times may be automatically extended.

37. Know Your Customer (KYC) Verification Policy
37.1 Purpose of KYC Verification
Buy That Horse reserves the right to implement Know Your Customer (KYC) verification procedures in order to:

• Prevent fraud and identity theft
• Protect buyers and sellers using the platform
• Maintain the integrity of the auction process
• Comply with applicable South African laws and regulations.

37.2 Verification Requirements
Buy That Horse may require users to complete identity verification before participating in auctions, listing horses, or completing transactions.

Verification may include providing:
• Certified Valid identification document (South African ID or passport)
• Contact information verification
• Proof of address
• Payment method verification with a letter from the bank with a bank stamp
• Any additional documentation reasonably required to verify identity.

37.3 Right to Request Additional Information
Buy That Horse reserves the right to request additional verification information at any time, including during or after registration, bidding, or transactions, where this is deemed necessary for security or fraud prevention purposes.

37.4 Failure to Complete Verification
If a user fails or refuses to complete required verification procedures, Buy That Horse reserves the right to:

• Restrict or suspend the user’s account
• Prevent participation in auctions
• Cancel bids or transactions
• Withhold access to certain platform features.

37.5 Use and Protection of Verification Information
All information collected for KYC purposes will be handled in accordance with the Protection of Personal Information Act (POPIA) and the Buy That Horse Privacy Policy.

Personal information will be used solely for identity verification, fraud prevention, and legal compliance.

37.6 Fraudulent or False Information
Providing false, misleading, or fraudulent information during the verification process is strictly prohibited.

Buy That Horse reserves the right to:
• Terminate the user’s account
• Cancel auctions or bids
• Report fraudulent activity to the appropriate authorities
• Take legal action where necessary.

37.7 Acceptance
By registering an account or participating in auctions on the Buy That Horse platform, users acknowledge and agree to comply with the KYC verification procedures and requirements of Buy That Horse.

38. Definitions
For the purposes of these Auction Rules, Terms of Use, and related policies, the following terms shall have the meanings set out below unless the context indicates otherwise.

38.1 Auction
The online sale process conducted through the Buy That Horse platform in which horses are offered for sale and buyers place bids during a specified time period.

38.2 Bid
An offer made by a registered bidder to purchase a horse at a specified price through the auction platform.

38.3 Bidder
Any person who has registered on the Buy That Horse platform and has been approved to place bids during auctions.

38.4 Buyer
The registered bidder who submits the highest bid at the close of an auction and whose bid is accepted as the winning bid.


38.5 Seller / Owner
The person or legal entity that owns the horse and has listed the horse for sale through the Buy That Horse platform.

38.6 Horse
Any horse, pony, mule, or equine animal listed for sale on the Buy That Horse platform.

38.7 Listing
The advertisement and information published on the Buy That Horse platform describing a horse offered for auction.

38.7 Reserve Price
The minimum price set by the seller that must be met or exceeded for the horse to be sold.

38.8 Winning Bid
The highest bid placed at the close of the auction that meets or exceeds the reserve price where applicable.

38.9 Platform
The Buy That Horse website, systems, and related services used to facilitate online horse auctions.

38.10 Auction Close
The time at which bidding ends and the highest bid is declared the winning bid, subject to the auction rules.

38.11 Bidder Deposit
A refundable deposit that may be required from bidders prior to participating in auctions to ensure serious bidding.

38.12 Veterinary Examination (Vetting)
A medical examination of the horse performed by a qualified veterinarian to assess its health and soundness.

38.13 Voetstoots
A legal term meaning that the horse is sold “as is”, without guarantees regarding condition unless otherwise stated.

38.14 Force Majeure
Events beyond the reasonable control of Buy That Horse that may affect the operation of the platform, including natural disasters, power outages, internet failures, or government actions.

38.15 User
Any individual or entity accessing or using the Buy That Horse platform, including buyers, sellers, and visitors.

39. Financial Capacity Declaration
39.1 Declaration of Financial Ability
By registering as a bidder and participating in auctions on the Buy That Horse platform, the bidder declares and confirms that they have the financial capacity to complete the purchase of any horse on which they place a bid.

The bidder acknowledges that all bids placed on the platform constitute legally binding offers to purchase.

39.2 Responsibility of the Bidder
The bidder agrees that they will only place bids if they:

• Intend to purchase the horse if their bid is successful
• Have the sufficient financial resources available before bidding to complete the purchase
• Can meet the payment terms specified in the auction rules
• They are 18 years or older
• They have the legal capacity to enter contracts

Placing bids without the financial means to complete the purchase is strictly prohibited.

39.3 Verification of Financial Capacity
Buy That Horse reserves the right to request evidence of financial capacity from bidders before allowing participation in auctions.

Such verification may include:
• Bidder deposits
• Proof of funds
• Payment verification
• Other financial documentation where necessary.

Failure to provide requested verification may result in the bidder being restricted from participating in auctions.

39.4 Consequences of False Declaration
If a bidder places bids without the financial ability or intention to complete the purchase, Buy That Horse reserves the right to:
• Cancel bids or auction results
• Forfeit bidder deposits
• Suspend or permanently ban the bidder from the platform
• Recover damages or costs incurred as a result of the failed transaction.

39.5 Acceptance
By registering as a bidder or placing bids on the Buy That Horse platform, the bidder confirms that they have read and agree to the terms of this Financial Capacity Declaration.

40. Auction Catalogue Terms
40.1 Purpose of the Auction Catalogue
The Buy That Horse auction catalogue provides information regarding horses offered for sale on the platform, including but not limited to:

• Horse descriptions
• Photographs and videos
• Breeding information
• Competition history
• Veterinary information where provided.

This information is provided to assist buyers in making informed decisions prior to placing bids.

40.2 Information Provided by Sellers
All catalogue information is supplied by the seller or owner of the horse unless otherwise stated.

While Buy That Horse takes reasonable steps to present the information accurately, the platform does not independently verify all information provided by sellers.

40.3 No Warranty of Accuracy
Buy That Horse does not guarantee the accuracy, completeness, or reliability of information contained in the auction catalogue.

Descriptions, opinions, and statements regarding horses are provided as a guide only.

Errors or omissions may occur.

40.4 Buyer Due Diligence
Buyers are responsible for conducting their own due diligence prior to placing bids.

Buyers are encouraged to:
• Review all available catalogue information
• Ask the seller questions
• Arrange a veterinary examination where desired
• Personally view the horse where possible.

40.5 Catalogue Updates
Buy That Horse reserves the right to update, amend, or correct catalogue information at any time prior to the closing of the auction.

Any updates may be communicated through the website, auction platform, or other official channels.

40.6 Illustrations and Media
Photographs and videos included in the catalogue are provided for illustrative purposes only.

Lighting, angles, editing, and other factors may affect the appearance of the horse.

Buyers should not rely solely on images when making purchasing decisions.

40.7 Limitation of Liability
Buy That Horse shall not be held liable for any loss or damages resulting from inaccuracies, omissions, or reliance on information contained in the auction catalogue.

40.8 Acceptance
By participating in auctions on the Buy That Horse platform, buyers acknowledge that they have read and accepted the terms governing the auction catalogue.

41. Platform Terms
41.1 Acceptance of Platform Terms
By accessing or using the Buy That Horse website and auction platform, users agree to comply with these Platform Terms and all related policies published on the website.

If a user does not agree with these terms, they must discontinue use of the platform.

41.2 Platform Purpose
Buy That Horse provides an online marketplace for the listing and auction of horses.

The platform facilitates communication and transactions between buyers and sellers but does not take ownership of horses listed for sale unless explicitly stated.

41.3 User Accounts
To participate in auctions or list horses, users must register an account on the platform.

Users agree to:
• Provide accurate and truthful information during registration
• Maintain the confidentiality of their login credentials
• Notify Buy That Horse immediately of any unauthorised use of their account.

Users are responsible for all activity conducted through their accounts.

41.4 Acceptable Use of the Platform
Users agree not to:
• Use the platform for unlawful purposes
• Provide false or misleading information
• Attempt to manipulate auctions or bidding activity
• Interfere with the functionality or security of the platform
• Attempt to gain unauthorised access to the platform or other user accounts.

41.5 Platform Availability
Buy That Horse will make reasonable efforts to ensure that the platform remains operational and accessible.

However, the platform may occasionally experience interruptions due to:
• Maintenance
• Technical failures
• Internet connectivity issues
• System upgrades
• Force majeure events.

Buy That Horse does not guarantee uninterrupted access to the platform.

41.6 Suspension or Termination of Access
Buy That Horse reserves the right to suspend or terminate user accounts where:
• Platform rules are violated
• Fraudulent activity is suspected
• Users fail to comply with auction policies
• Users engage in conduct harmful to the platform or other users.

41.7 Intellectual Property
All content on the Buy That Horse platform, including:

• Website design
• Text and graphics
• Logos and branding
• Software systems

Users may not copy, reproduce, distribute, or exploit platform content without permission.

41.8 Limitation of Liability
Buy That Horse shall not be liable for:

• Disputes between buyers and sellers
• Inaccurate information provided by users
• Financial losses resulting from auction participation
• Platform interruptions or technical issues.

41.9 Governing Law
These Platform Terms shall be governed by the laws of the Republic of South Africa.

Any disputes arising from the use of the platform shall fall under the jurisdiction of the South African courts.

41.10 Amendments
Buy That Horse reserves the right to update or modify these Platform Terms at any time.

Updated terms will take effect once published on the website.

41.11 Acceptance
By registering or using the Buy That Horse platform, users confirm that they have read, understood, and agreed to these Platform Terms.

42. Digital Acceptance of Terms
42.1 Electronic Acceptance
By registering an account, accessing the Buy That Horse platform, placing bids, listing horses, or otherwise using the website, users acknowledge and agree that they have read, understood, and accepted the terms, policies, and rules governing the platform.

Acceptance of these terms may occur through electronic means, including:
• Clicking an acceptance checkbox
• Completing account registration
• Placing a bid in an auction
• Listing a horse for sale
• Continuing to use the platform.

Such actions constitute legally binding acceptance of the applicable terms and conditions.

42.2 Electronic Signatures
In accordance with the Electronic Communications and Transactions Act, electronic actions performed on the Buy That Horse platform may constitute valid electronic signatures.

These electronic signatures shall have the same legal force and effect as handwritten signatures.

42.3 Binding Effect
Users acknowledge that electronic acceptance of terms and policies creates a binding agreement between the user and Buy That Horse.

Users further acknowledge that all bids placed on the platform are binding offers to purchase in accordance with the auction rules.

42.4 Record of Acceptance
Buy That Horse may maintain electronic records of user activity, including:
• Acceptance of terms and policies
• Account registrations
• Bidding activity
• Auction transactions.

These records may be used as evidence of acceptance and agreement where necessary.

42.5 Responsibility of the User
Users are responsible for reviewing all terms, policies, and auction rules before accepting them electronically.

If a user does not agree with any of the terms, they must discontinue use of the platform.

42.6 Acceptance
By using the Buy That Horse platform, users acknowledge that electronic acceptance of terms is legally valid and enforceable.

43. Mandatory Escrow Payment Clause
43.1 Use of Escrow for Transactions
All payments for horses purchased through the Buy That Horse auction platform may be required to be processed through an escrow arrangement approved by Buy That Horse.

An escrow arrangement means that funds are held securely by a neutral party until the conditions of the sale have been satisfied.

43.2 Purpose of Escrow
The purpose of the escrow process is to:
• Protect buyers from fraudulent listings
• Ensure that sellers receive payment once the sale conditions are met
• Provide a secure and transparent payment process
• Reduce disputes between buyers and sellers.

43.3 Payment into Escrow
The winning bidder must deposit the full purchase price or required payment amount into the designated escrow account within the timeframe specified in the auction rules.

Failure to deposit funds within the required timeframe may result in:
• Cancellation of the sale
• Forfeiture of bidder deposits
• Suspension or termination of the buyer’s account.

43.4 Release of Escrow Funds
Escrow funds will be released to the Seller once the agreed conditions of the sale have been satisfied.

Such conditions may include:
• Confirmation of payment
• Completion of agreed documentation
• Transfer of ownership of the horse
• Any agreed veterinary or inspection requirements.

43.5 Escrow Fees
Where applicable, escrow service fees may apply.

Responsibility for escrow fees will be determined in accordance with the auction rules or by agreement between the buyer and seller.

43.6 Platform Role
Buy That Horse may facilitate escrow payments but does not act as a financial institution unless otherwise stated.

The platform may appoint third-party escrow providers where necessary.

43.7 Disputes Involving Escrow
In the event of a dispute between buyer and seller regarding the transaction, escrow funds may be held until:

• The dispute is resolved between the parties
• A mediation process is completed
• A legal determination is made by the appropriate authority.

43.8 Acceptance
By participating in auctions on the Buy That Horse platform, buyers and sellers acknowledge and agree to the use of escrow payment arrangements where required.

44. Chargeback Waiver Clause
44.1 Binding Nature of Payments
By participating in auctions on the Buy That Horse platform, buyers acknowledge that any payment made for a winning bid constitutes a final and binding transaction in accordance with the auction rules and conditions of sale.

44.2 Waiver of Chargeback Rights
Where payment is made by credit card, debit card, or other electronic payment method, the buyer agrees not to initiate or attempt a chargeback or payment reversal for transactions related to:

• Winning bids in auctions
• Auction deposits
• Platform fees
• Any agreed auction-related payments.

44.3 Legitimate Payment Disputes
If a buyer believes a payment has been processed incorrectly or fraudulently, the buyer must first contact Buy That Horse directly in order to resolve the matter.

Buyers agree to make reasonable efforts to resolve payment disputes directly with the platform before initiating any chargeback or dispute with a financial institution.

44.4 Consequences of Unauthorised Chargebacks
If a buyer initiates an unauthorised chargeback related to an auction transaction, Buy That Horse reserves the right to:
• Suspend or permanently terminate the buyer’s account
• Recover any losses incurred by the platform or seller
• Charge administrative or recovery fees
• Pursue legal remedies where necessary.

44.5 Recovery of Costs
Buy That Horse reserves the right to recover all reasonable costs associated with chargebacks, including:

• Payment processor penalties
• Administrative costs
• Legal fees incurred in recovering funds.

44.6 Fraudulent Chargebacks
Initiating a chargeback after placing a winning bid without valid legal grounds may constitute fraudulent conduct.

Buy That Horse reserves the right to report such activity to the appropriate authorities where applicable.

44.7 Acceptance
By registering, placing bids, or completing payments through the Buy That Horse platform, users acknowledge and agree to the terms of this Chargeback Waiver Clause.

45. International Export Liability Clause
45.1 Responsibility for Export
Where a horse purchased through the Buy That Horse platform is intended for export outside the Republic of South Africa, the buyer assumes full responsibility for arranging and complying with all export requirements.

This includes, but is not limited to:

• Export permits
• Import permits
• Veterinary health certification
• Quarantine procedures
• International transport arrangements
• Insurance coverage.

45.2 Compliance with Regulations
The buyer is responsible for ensuring compliance with all applicable export and import regulations, including those imposed by relevant authorities such as the
Department of Agriculture, Land Reform and Rural Development.

Buy That Horse does not guarantee that any horse purchased through the platform will meet the import requirements of a buyer’s country.

45.3 Export Agents and Transporters
Any export agents, quarantine facilities, airlines, transport providers, or other service providers engaged for the export of the horse shall act as independent third parties.

Buy That Horse shall not be liable for the actions, services, delays, or errors of such third parties.

45.4 Risk of Export and Transport
All risks associated with the export and international transport of the horse, including:

• Injury or illness during quarantine
• Delays in export procedures
• Transport-related incidents
• Rejection by importing authorities

All risks shall be borne solely by the buyer.

45.5 Import Refusal
Buy That Horse shall not be liable if the horse is:

• Refused entry into another country
• Subject to quarantine delays
• Required to undergo additional veterinary procedures
• Returned to South Africa or another jurisdiction.

45.6 Limitation of Liability
Buy That Horse shall not be liable for any loss, costs, damages, or expenses arising from the export of a horse purchased through the platform.

This includes any losses resulting from regulatory requirements, passport discrepancies, governing body registration delays, transport complications, or international veterinary regulations.


45.7 Buyer Due Diligence
International buyers are encouraged to seek professional advice from qualified veterinarians, export agents, and transport specialists prior to bidding on horses intended for export.

45.8 Acceptance
By participating in auctions on the Buy That Horse platform, buyers acknowledge and accept the responsibilities and risks associated with international export.

46. FICA and Identity Verification
In order to comply with the requirements of the Financial Intelligence Centre Act (FICA) and applicable anti-money laundering legislation, the Auction Platform reserves the right to verify the identity of all users participating in the auction.

All buyers and sellers may be required to submit identification and verification documents before being permitted to bid, sell, or complete a transaction on the platform.

Such documentation may include, but is not limited to:

• A valid South African identity document or passport
• Proof of residential address not older than three (3) months
• Banking details or confirmation of bank account ownership
• Any additional documentation reasonably required to verify identity or financial capacity

The Auction Platform reserves the right to:
1. Refuse registration or participation where satisfactory verification cannot be obtained.
2. Suspend or cancel accounts where false, misleading, or incomplete information is provided.
3. Withhold completion of a transaction until verification requirements have been satisfied.

All information collected for verification purposes will be processed and stored in accordance with applicable privacy legislation including the Protection of Personal Information Act (POPIA).

Users acknowledge and agree that the Auction Platform may retain verification records for regulatory, fraud prevention, and audit purposes for a minimum period required by law.