Terms & Conditions

This document includes two sections

For quick access, use either of the following links:

Section 1 Terms Of Use For Enterprise Level Sales >> 

Section 2 Terms and Conditions for Elite Sales >> 


SECTION 1 TERMS OF USE FOR ENTERPRISE LEVEL SALES

The Terms and Conditions outlined in Section 1 relate to all sales conducted by a Seller directly with a Buyer on the Pedigree Sales website. It is important to notify the User that all such sales are deemed to be private auctions by the Seller, where funds are transferred directly between the Buyer and Seller if a sale is concluded. As such, Pedigree Sales Limited is NOT a party to any such contract for sale, nor is this auction regulated by the Property Services Regulatory Authority (the ‘PSR’), any reference to ‘the PSR’ or a PSR license number relate exclusively to Elite Sales as described in Section 2 of this Agreement.

Welcome to Pedigree Sales (the "Website"), the premier website for Livestock Auctions, conducted by Pedigree Sales Ltd, with a registered address of Loughcurra North, Kinvara, Galway, Ireland H91 HD2F, hereafter referred to as “Pedigree Sales”


WHEREAS;

  1. Pedigree Sales has developed and maintains the infrastructure to facilitate Sellers to conduct auction of their agricultural assets and related invoicing and support services provided by Pedigree Sales through the Website www.pedigreesales.com ("Service" or "Services") and the use of the Website and provision of the Services is governed by these Terms and Conditions (the "Terms and Conditions") AND;
  2. The User (Buyer and or Seller as the case may be) by accessing or using the Services or the Website or by registering as either a buyer or seller ("Buyer", "Seller" or "User"), agrees that;
    1. you have read the Terms and Conditions,
    2. you understand the Terms and Conditions,
    3. you are bound by the Terms and Conditions in your use of the Services and the Website.
  3. If you do not agree to the Terms and Conditions, you may not access or use the Services or the Website.

 

  1. Definitions
    1. “Buyer”: the User purchasing an asset.
    2. “The Company”: As identified above being Pedigree Sales Ltd, with a registered address of Loughcurra North, Kinvara, Galway, Ireland H91 HD2F
    3. Customer Due Diligence: As defined in https://www.amlcompliance.ie/high-value-goods-dealers-hvgd/ and outlined in section 9.4 below.
    4. “High-Value Dealer”: High Value Goods Dealers (HVGDs) are businesses involved in the sale of goods of high value where the trader accepts cash payments of €10,000 either in one transaction or a series of linked transactions
    5. “Invoice Service”: Being the administrative service provided by the Company to the Seller.
    6. “License Holder”: Being the ‘Company’ known as Farrell Auctioneers, Valuers and Estate Agents Ltd, with PSR license number of 003731, who is the sole authorised Licence Holder according to the Property Services Regulatory Authority, as can be verified at psr.ie, Register of Licensed Property Services Providers - Property Services Regulatory Authority (psr.ie) (sourced: last accessed and verified 01/07/21).
    7. “Seller”: the User selling an asset
    8. “Service(s)”: The provision of web-based services to facilitate the buying, selling, and auctioning of assets and the promotion thereof.
    9. “User” refers to any website user regardless of their status of a buyer or seller.

 

  1. Interpretations
    1. To the extent that the context shall permit, any masculine pronoun used herein shall be construed to include also the similar feminine pronoun, any feminine pronoun used herein shall be construed to also include the similar masculine pronoun, any singular word so used shall be construed to also include the similar plural word and any plural word so used shall be construed to include also the similar singular word.

 

  1. Registration and Eligibility and continued use of the Service
    1. The Services and the Website are only available to persons with the legal capacity to enter into this Agreement.
    2. Pedigree Sales may, at its sole discretion, refuse to accept a person's (or entity's) registration, and may, at any time after accepting registration, refuse to permit a person's (or entity's) continuing use of the Services and the Website for any reason.
    3. A breach of these Terms and Conditions may at the Company’s sole discretion result in suspension or removal of a user account from the site and immediate termination of any advertised auctions as a Seller or bids place whether as a Buyer, or both.

 

  1. Compliance Processing costs (Invoice Service, GDPR, AML & KYC)
    1. In order to ensure standardisation of the Service, accurate billing and in order to facilitate full compliance of AML and KYC, the Company has determined that an Invoicing System be used on the website. This Invoice Service will show the method of payment ( as agreed between the Buyer and Seller)and will be visible on the sales invoice, it will also serve as a record to be produced to any Authority who requests financial information, the consent to which is dealt within this Agreement.
    2. This Invoice Service will facilitate the capture of accurate Buyer and Seller Information to ensure accurate funds transfer directly between the Buyer and Seller and in compliance with GDPR, Pedigree Sales will keep these documents on file with the Sales Order issued by the Invoice Service, for a period of 5-years, for inspection by an Authorised Officer of the Anti-Money Laundering Compliance Unit (AMLCU). These documents are stored on a high-level security server which follows strict “Privacy by Design” principles and undergoes ongoing Data Privacy Impact Assessments (DPIA). For more information on our privacy policy please click here: https://legal.pedigreesales.com/privacy-policy
    1. Pedigree Sales will keep an anti-money laundering (AML) file containing information on money laundering e.g., policies, guides, correspondence, etc. This will contain the AML Risk Assessment and a Policy Statement on Money Laundering. These documents are available for view by any Registered User upon request.
    2. All of the above compliance protocols come at a cost which must be bourne in equal parts by the Buyer and Seller should a sale be completed in order to ensure that the Company can remain compliant with its reporting, auditing and record keeping commitments and responsibilities.

 

  1. Changes to Services and Website and Terms and Conditions.
    1. User acknowledges and agrees that Pedigree Sales may change, modify, amend, suspend, or discontinue any aspect of the Services or the Website, at any time, without notice and without liability to User or any third party.
    2. Pedigree Sales reserves the right to impose limits on certain features of the Services or the Website, at any time, without notice and without liability to User or any third party.
    3. Further, the User acknowledges and agrees that Pedigree Sales may amend any or all of the Terms and Conditions (including fees and transaction rules) at any time, at Pedigree Sales sole discretion, without notice.
    4. Any amendment of the Terms and Conditions will be reflected on the Website. The user is encouraged to periodically review the Terms and Conditions posted on the Website.
    5. Use of the Services and the Website constitutes acceptance of the Terms and Conditions, including any amendments.

 

  1. Rights and Responsibilities of Pedigree Sales.
    1. Reasonable Care: Pedigree Sales warrants that it will use reasonable care and skill in the performance of the Services.
    2. Transfer of Title: Pedigree Sales does not have the power to transfer title to any assets offered by Sellers. All sales are via the Seller and Buyer directly, with Pedigree Sales providing the platform for these two Parties to transact, as such Pedigree Sales is not a Party to any transaction.
    3. High-Value Dealers: For the avoidance of doubt, no cash sales will ever take place on the Pedigree Sales platform. The Company acknowledges best practice under the AMLCompliance.ie provisions for High Value Dealers. Pedigree Sales shall take the following steps to apply Customer Due Diligence (CDD) to all cash transactions of €10,000 or more in a single transaction or a series of linked transactions, prior to carrying out a transaction you must get:

      - a copy of the customer’s photo I.D. (i.e., a passport or driving licence) and
      - a recent utility bill in the name of the customer.

    4. AML & KYC: Pedigree Sales may undertake AML and KYC measures on lower value sales, the contents of which may be shared with HRMC (UK) or Irish Revenue Authorities without further reference to the Buyer or Seller.
    5. No warranty: As Pedigree Sales is not a party to any transaction, Pedigree Sales does not make, and should not be construed as having made, any representation or warranty of any kind concerning any of the offered assets, including without limitation any representation or warranty regarding the quality, safety or legality of the offered assets, or the truth or accuracy of any offerings as to the identity of the Buyer or Seller.
    6. Veracity of Information in any description: Pedigree Sales will not check the veracity of information or materials provided by the Seller for inclusion in any description of an item they, the Seller, is selling.
    7. Completion of Sale: Pedigree Sales makes no representation or warranty of any kind as to the willingness or ability of either Buyer or Seller to complete a sale in accordance with the Agreement.
    8. Creditworthiness: Buyers and Sellers are solely responsible for independently verifying the background, character, and credit-worthiness of those Users with whom they enter into, or with whom they prospectively will enter into, a transaction, as well as the condition or any description of an asset involved in a prospective transaction.
    9. Change to Service: Pedigree Sales can make any changes to the Services which are necessary to comply with any applicable law or safety requirement, and the Company will notify the users if this is necessary.
    10. Changes to an auction programme: Pedigree Sales has the right, at its absolute discretion, to cancel, suspend or withdraw an auction or a specific asset within an auction at any time if it has reason to believe that further due diligence or enquiries into bidding activity need to be conducted to protect the interest of the Company or one or all of the Users as the case may be. Pedigree Sales shall bear no cost for loss or damages for any such cancellation, suspension, or withdrawal.
    11. Disclosure and reference to the sale: Pedigree Sales may reference this business relationship in its marketing materials and may use each project as a case study and blog topic and as part of its social media campaign, subject to the non-disclosure of sensitive materials or financial materials which the Client may at its sole discretion redact.

 

  1. Rights and Responsibilities of the Seller
    1. Subject to the General Duties of the Buyer and Seller below, Seller shall:
      1. Ensure their listing is accurate.
      2. Use the invoice Service within the Pedigree Sales website to ensure accuracy and compliance for both Buyer and Seller as set out in Section 7 herein.
      3. Pay any such fee associated with the Invoice Service.

 

  1. Rights and Responsibilities of the Buyer
    1. Subject to the General Conditions below, the Buyer shall:
      1. Pay a portion of the Sellers Invoice Service fee to cover the costs described in Section 7 herein.

 

  1. General User Obligations and Conduct for both Buyer and Seller
    1. Acceptance of T&Cs upon log in: The User should familiarise themselves with the Terms and Conditions contained herein and ensure continued and regular monitoring of terms that are accepted by each time the User uses the Services or Website.
    2. AML & KYC checks prior to bidding: All Users have to undergo Know Your Customer and Anti-Money Laundering due diligence procedures in order to transact on the website. For the avoidance of doubt, full user access to the site will be restricted until these provisions have been fulfilled. These provisions may include but are not limited to:
      1. Herd number verification
      2. Identity verification
      3. Address verification
      4. Age verification
      5. PPS/National Insurance Number verification
      6. Source of Funds verification
    3. User activity: The user is solely responsible for all conduct and transmissions that take place under its Username and password. Without limiting the foregoing, User represents, warrants, and covenants that its use of the Services and the Website shall not:
      1. Violate any applicable law, statute, ordinance, rule, or regulation.
      2. Without limiting the foregoing, User represents, warrants, and covenants that it will not sell or buy any assets that may not be lawfully offered for sale or purchase in the United Kingdom or Republic Of Ireland and that User will not export from the territory any asset in violation of UK or Irish law.
      3. Interfere with or disrupt computer networks connected to the Service or the Website.
      4. Impersonate any other person or entity or make any misrepresentation as to User's employment by or affiliation with any other person or entity.
      5. Forge headers or in any manner manipulate identifiers in order to disguise the origin of any User Information.
      6. Interfere with or disrupt the use of the Services or the Website by any other User, nor "stalk", threaten, or in any manner harass another User.
      7. Upload, post, transmit, publish, or distribute any material or information which contains a computer virus, or other code, files or programs intending in any manner to disrupt or interfere with the functioning of the Services, the Website, or that of other computer systems.
      8. Use the Services or the Website in such a manner as to gain unauthorized entry or access to the computer systems of others.
      9. Upload, post, transmit, publish, or distribute any material or information which constitutes or encourages conduct that would constitute a criminal offense, give rise to other liability, or otherwise violate applicable law.
      10. Upload, post, transmit, publish, or distribute any material or information that is unlawful, or which may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libellous, vulgar, obscene, or racially, ethnically, or otherwise objectionable; or
      11. Reproduce, copy, modify, sell, distribute, or otherwise exploit for any commercial purposes the Services or the Website, or any component thereof (including, but not limited to any materials or information accessible through the Website).
      1. Intellectual Property: All information produced remains the material and intellectual property of the User as such the User must obtain any permissions, consents, licenses or otherwise that are needed concerning confidential or Intellectually protected text, images, graphics, or materials referenced in any materials displayed on Pedigree Sales website or platforms, including social media platforms.
      2. Realistic Pricing by a Seller: The User fully declares that all Assets listed on the website for sale are represented by a realistic reserve value.
      3. User acknowledgement of tax disclosures: the User acknowledges and accepts that Pedigree Sales at its absolute discretion may provide information to and cooperate with the relevant tax authorities, without further reference to the User, to ensure its rights to operate at its chosen level of due diligence and its need to provide a fully transparent process is in place for all Users is maintained.
    4. Indemnity to the Company

    In the event of any controversy or dispute regarding any transaction conducted through the use of the Services or the Website (a "Dispute"), User hereby releases Pedigree Sales and the Licence Holder, its affiliates and subsidiaries, and their respective directors, officers, employees, agents, shareholders, co-branders, partners, successors and assigns (the "Released Parties"), and each of the foregoing, from any manner of action, claim or cause of action or suit, at law or in equity, and from any losses, damages, costs or expenses, however so caused or arising, including without limitation court costs and legal fees, which User may have against the Released Parties, or any of them, known or unknown, disclosed or undisclosed, which arise out of or relate in any way to a Dispute.

      1. For the avoidance of absolute doubt, the above Indemnity further extends to any damages caused by any information or materials that User uploads, posts, transmits, publishes, or distributes on the Website or Platform which may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libellous, vulgar, obscene, or racially, ethnically, or otherwise objectionable.

     

    1. Fees
      1. Pedigree Sales do not charge a fee for registration
      2. VAT is chargeable on all Pedigree Sales services where applicable
      3. All Seller Fees will be disclosed in a Letter Of Engagement.

     

    1. Excluded Items.
      1. Pedigree Sales only permits the sale of livestock and other pre-approved agricultural items as advised by the License Holder and as regulated by the Property Services Regulatory Authority.
      2. Pedigree Sales may, in its sole discretion, remove from the Website assets that, in Pedigree Sales judgment, do not constitute livestock and other pre-approved agricultural items.
      3. The sale of illegal or inappropriate items is strictly prohibited and will be reported to the Police without further reference to the User who posts said items.

     

    1. Password and Security.
      1. When a User registers to use the Service or the Website, they will be prompted to select a Username and a User password. The user is solely responsible for maintaining the confidentiality of its Username and User password.
      2. User is obligated to complete those transactions that occur using its Username and User password, whether such transactions are authorised or unauthorised.
      3. User agrees that it shall immediately notify Pedigree Sales in writing or by electronic mail of any unauthorized use of its Username or User password.

     

    1. User Information.
      1. The user will provide information to Pedigree Sales during the registration process and to Pedigree Sales and other Users during the use of the Services and the Website (the "User Information"). User represents and warrants:
        1. that all User Information is accurate and complete at the time of registration.
        2. that User information will be continuously updated such that the User Information shall always be current, accurate, and complete.
      2. Subject to the terms of the Pedigree Sales Privacy Policy, User grants to Pedigree Sales a non-exclusive, worldwide, perpetual, royalty-free and irrevocable license to use the User Information, including any associated copyrights, trademarks, or other intellectual property or proprietary rights User may have in the User information, for any purposes in connection with the Services or the Website.
      3. The User hereby understands Pedigree Sales obligations under Anti-Money Laundering Compliance may require that User information and sales history may be requested by and provided to HMRC (UK) or Irish Revenue Authorities without further reference to the User and that any such data transfer is hereby expressly agreed to.

     

    1. Status of the transactions and Tax Liabilities.
      1. For the avoidance of doubt the following provisions apply to all  transactions facilitated by the Company.
      2. VAT will be charged on the listing fee and the Invoicing Services fee only.
        1. Pedigree Sales are not a party to the Sale of an asset. This is strictly between the Buyer and Seller.

     

    1. Privacy Policy.
      1. The terms of the Pedigree Sales Privacy Policy are incorporated by reference into these Terms and Conditions. User is encouraged to periodically review the Pedigree Sales Privacy Policy

     

    1. Governing Law, Jurisdiction and Arbitration
      1. The validity construction and performance of this Agreement shall be governed by laws of Ireland and shall be subject to the exclusive jurisdiction of the Irish courts in respect of any dispute, claim or proceedings arising in connection therewith.
      2. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, or the legal relationships established by this Agreement, shall be referred to and finally resolved by arbitration.

     

    1. Entire Agreement
      1. This Agreement sets out the entire Agreement and understanding of the parties and supersedes all prior oral or written agreements, understandings, or arrangements relating to the subject matter of this Agreement.

     

    1. Waiver
      1. No failure or delay on the part of either party hereto to exercise any right or remedy under this Agreement shall be construed or operated as a waiver thereof nor shall any single or partial exercise of any right or remedy as the case may be.
      2. The rights and remedies provided in this Agreement are cumulative and are not exclusive of any rights or remedies provided by law.

     

    1. Variation
      1. This Agreement may be varied by Pedigree Sales from time to time and your continued access to the site will be deemed to be acceptance of the terms of Service.

     

    1. Third-Party Rights
      1. A person who is not a party to this Agreement has no right to enforce any terms of this Agreement.

     

SECTION2- TERMS AND CONDITIONS FOR ELITE SALES

IN ADDITION to Section 1 above, Colm Farrell Auctioneers as supported by Pedigree Sales Limited and via the www.pedigreesales.com website host a number of Elite Sales in which a curated sale involving one or more sellers in. All such sales are managed according to the Property Services Regulatory Authority requirements, the terms of which are laid out below.

 

Welcome to Pedigree Sales (the "Website"), the premier website for Elite Livestock Auctions, conducted by Farrell Auctioneers, Valuers and Estate Agents Ltd, with an address of The Square, Gort, Co. Galway, H91 EFR9, hereafter referred to as “Pedigree Sales”

 

WHEREAS FOR THE PURPOSE OF ELITE SALES ONLY ON THE PEDIGREESALES.COM WEBSITE;

  1. Pedigree Sales is a trading name of Farrell Auctioneers, Valuers and Estate Agents Ltd, with a PSR license number of 003731.
  2. Pedigree Sales has developed and maintains the infrastructure to conduct the auction and related services provided by Pedigree Sales through the Website www.pedigreesales.com ("Service" or "Services") and the use of the Website and provision of the Services is governed by these Terms and Conditions (the "Terms and Conditions") AND;
  3. The User (Buyer and or Seller as the case may be) by accessing or using the Services or the Website or by registering as either a buyer or seller ("Buyer", "Seller" or "User"), agrees that;
    1. you have read the Terms and Conditions,
    2. you understand the Terms and Conditions,
    3. you are bound by the Terms and Conditions in your use of the Services and the Website.
    4. If you do not agree to the Terms and Conditions, you may not access or use the Services or the Website.
  1. Definitions
    1. “Buyer”: the User purchasing an asset.
    2. “The Company”: As identified above, namely Farrell Auctioneers, Valuers and Estate Agents Ltd, with an address of The Square, Gort, Co. Galway, H91 EFR9
    3. "Customer Due Diligence": As defined in https://www.amlcompliance.ie/high-value-goods-dealers-hvgd/ and outlined in section 9.4 below.
    4. “High-Value Dealer”: High Value Goods Dealers (HVGDs) are businesses involved in the sale of goods of high value where the trader accepts cash payments of €10,000 either in one transaction or a series of linked transactions
    5. “License Holder”: Being the ‘Company’ known as Farrell Auctioneers, Valuers and Estate Agents Ltd, with PSR license number of 003731, who is the sole authorised Licence Holder according to the Property Services Regulatory Authority, as can be verified at www.psr.ie, Register of Licensed Property Services Providers - Property Services Regulatory Authority (psr.ie) (sourced: last accessed and verified 01/07/21)
    6. “Seller”: the User selling an asset
    7. “Service(s)”: The provision of web-based services to facilitate the buying, selling, and auctioning of assets and the promotion thereof.
    8. “User”: refers to any website user regardless of their status of a buyer or seller.

 

  1. Interpretations: As per Section 1
  2. Registration and Eligibility: As per Section 1
  3. Changes to Services and Website and Terms and Conditions: As per Section1
  4. Rights and Responsibilities of Pedigree Sales.
    1. Reasonable Care: Pedigree Sales warrants that it will use reasonable care and skill in the performance of the Services.
    2. All sales under the remit of Licence Holder: Pedigree Sales provides the Services and the Website so that Sellers may offer livestock assets and other agricultural assets as approved by the Licence Holder as applicable under the remit of the Licence Holders Licence, for sale and Buyers may place offers to purchase these assets.
    3. All sales via the Licence Holders Client Account and using EFT only: All sales will be via the Licence Holders Client Account, as mandated under the Property Services Regulatory Authority. For the avoidance of doubt so sales will be conducted in cash.
    4. Transfer of Title: Pedigree Sales does not have the power to transfer title to any assets offered by Sellers.
    5. Letter of Engagement: Pedigree Sales shall issue the Seller with a Letter of Engagement within 7-days of starting the Service for the Seller, this Letter of Engagement shall take the form of the recommended template as provided by the PSRA.
    6. High Value Dealers: For the avoidance of doubt, no cash sales will ever take place on the Pedigree Sales platform. However, for good practice, herein we outline best practice under the AMLCompliance.ie provisions for High Value Dealers. Pedigree Sales shall take the following steps to apply Customer Due Diligence (CDD) to all cash transactions of €10,000 or more in a single transaction or a series of linked transactions, prior to carrying out a transaction you must get:
    7. a copy of the customer’s photo I.D. (i.e., a passport or driving licence) and
    8. a recent utility bill in the name of the customer.
    9. For the avoidance of doubt and in compliance with GDPR, Pedigree Sales will keep these documents on file with the Sales Order for inspection by an Authorised Officer of the Anti-Money Laundering Compliance Unit (AMLCU) (ROB: PLEASE OUTLINE WHAT GDPR procedures are in place to ensure the integrity and security of these documents)
    10. Pedigree Sales will show the method of payment (e.g., cash, cheque, EFT, etc.) on all its transactions via accounting records and visible on the sales invoice.
    11. For each transaction (especially those of €10,000 or more) Pedigree Sales will complete the cash transaction form designed by the AMLCU.
    12. All documentation relating to transactions shall be retained for a period of 5 years.
    13. Pedigree Sales will keep an anti-money laundering (AML) file containing information on money laundering e.g., policies, guides, correspondence, etc. This will contain the AML Risk Assessment and a Policy Statement on Money Laundering. These documents are available for view by any Registered User upon request.
    14. AML & KYC: Pedigree Sales may undertake AML and KYC measures on lower value sales, the contents of which may be shared with HRMC (UK) or Irish Revenue Authorities without further reference to the Buyer or Seller.
    15. No warranty: However, as Pedigree Sales is not a party to any transaction, Pedigree Sales does not make, and should not be construed as having made, any representation or warranty of any kind concerning any of the offered assets, including without limitation any representation or warranty regarding the quality, safety or legality of the offered assets, or the truth or accuracy of any offerings as to the identity of the Buyer or Seller.
    16. Veracity of Information in any description: Pedigree Sales will not check the veracity of information or materials provided by the Seller for inclusion in any works.
    17. Completion of Sale: Pedigree Sales makes no representation or warranty of any kind as to the willingness or ability of either Buyer or Seller to complete a sale in accordance with the Agreement.
    18. Creditworthiness: Buyers and Sellers are solely responsible for independently verifying the background, character, and creditworthiness of those Users with whom they enter into, or with whom they prospectively will enter into, a transaction, as well as the condition or any description of an asset involved in a prospective transaction.
    19. Change to Service: Pedigree Sales can make any changes to the Services which are necessary to comply with any applicable law or safety requirement, and the Company will notify the users if this is necessary.
    20. Changes to an auction programme: Pedigree Sales has the right, at its absolute discretion, to cancel, suspend or withdraw an auction or a specific asset within an auction at any time if it has reason to believe that further due diligence or enquiries into bidding activity need to be conducted to protect the interest of the Company or one or all of the Users as the case may be. Pedigree Sales shall bear no cost for loss or damages for any such cancellation, suspension, or withdrawal.
    21. Disclosure and reference to the sale: Pedigree Sales may reference this business relationship in its marketing materials and may use each project as a case study and blog topic and as part of its social media campaign, subject to the non-disclosure of sensitive materials or financial materials which the Client may at its sole discretion redact.

 

  1. Indemnity to the Company: As per Section 1
  2. General User Obligations and Conduct

 

  1. Acceptance of T&Cs upon log in: The User should familiarise themselves with the Terms and Conditions contained herein and ensure continued and regular monitoring of terms that are accepted by each time the User uses the Services or Website.
  2. AML & KYC checks prior to bidding: All Users have to undergo Know Your Customer and Anti-Money Laundering due diligence procedures in order to transact on the website. For the avoidance of doubt, full user access to the site will be restricted until these provisions have been fulfilled. These provisions will include:

    - Identity verification
    - Address verification
    - Age verification
    - PPS/National Insurance Number verification
    - Source of Funds verification

  3. User activity: The user is solely responsible for all conduct and transmissions that take place under its Username and password. Without limiting the foregoing, User represents, warrants, and covenants that its use of the Services and the Website shall not:

    1. Violate any applicable law, statute, ordinance, rule, or regulation.
    2. Without limiting the foregoing, User represents, warrants, and covenants that it will not sell or buy any assets that may not be lawfully offered for sale or purchase in the United Kingdom or Republic Of Ireland and that User will not export from the territory any asset in violation of UK or Irish law.
    3. interfere with or disrupt computer networks connected to the Service or the Website.
    4. impersonate any other person or entity or make any misrepresentation as to User's employment by or affiliation with any other person or entity.
    5. forge headers or in any manner manipulate identifiers in order to disguise the origin of any User Information.
    6. interfere with or disrupt the use of the Services or the Website by any other User, nor "stalk", threaten, or in any manner harass another User.
    7. upload, post, transmit, publish, or distribute any material or information which contains a computer virus, or other code, files or programs intending in any manner to disrupt or interfere with the functioning of the Services, the Website, or that of other computer systems.
    8. use the Services or the Website in such a manner as to gain unauthorized entry or access to the computer systems of others.
    9. upload, post, transmit, publish, or distribute any material or information which constitutes or encourages conduct that would constitute a criminal offense, give rise to other liability, or otherwise violate applicable law.
    10. upload, post, transmit, publish, or distribute any material or information that is unlawful, or which may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libellous, vulgar, obscene, or racially, ethnically, or otherwise objectionable; or
    11. reproduce, copy, modify, sell, distribute, or otherwise exploit for any commercial purposes the Services or the Website, or any component thereof (including, but not limited to any materials or information accessible through the Website).

4. Intellectual Property: All information produced remains the material and intellectual property of the User as such the User must obtain any permissions, consents, licenses or otherwise that are needed concerning confidential or Intellectually protected text, images, graphics, or materials referenced in any materials displayed on Pedigree Sales website or platforms, including social media platforms.

5. Realistic Pricing by a Seller: The User fully declares that all Assets listed on the website for sale are represented by a realistic reserve value.

6. User acknowledgement of tax disclosures: the User acknowledges and accepts that Pedigree Sales at its absolute discretion may provide information to and cooperate with the relevant tax authorities, without further reference to the User, to ensure its rights to operate at its chosen level of due diligence and its need to provide a fully transparent process is in place for all Users is maintained.

 

  1. Fees
    A non-refundable registration fee of £0.00 shall apply to all users of the site.
    VAT is chargeable on all Pedigree Sales services.
    All Seller Fees will be disclosed in a Letter Of Engagement.
    All buyer fees will be charged by Colm Farrell Auctioneers as advertised on the site at the time of bidding.

 

  1. Excluded Items.
    Pedigree Sales only permits the sale of livestock and other pre-approved agricultural items as advised by the License Holder and as regulated by the Property Services Regulatory Authority.
    Pedigree Sales may, in its sole discretion, remove from the Website assets that, in Pedigree Sales judgment, do not constitute livestock.
    The sale of illegal or inappropriate items is strictly prohibited and will be reported to An Gardai without further reference to the User who posts said items.

 

  1. Password and Security: As per Section 1
  2. User Information: As per Section 1
  3. Status of the transactions and Tax Liabilities.

    For the avoidance of doubt the following provisions apply to all transactions facilitated by the Company:
    Pedigree Sales act as agent for the Seller, under the Licence Holders authority to conduct auctions under PSRA Licence Number 003731.
    Pedigree Sales will hold funds from the purchaser in a fiduciary capacity with a duty to protect the money under PSRA regulations as a Licence Holder.
    Pedigree Sales are only liable to the Seller for the sale price, once paid to the Licence Holder’s client account.
    The price received by the Seller will be net of any commission and other costs due under the terms of business and in particular concerning the Fees provision contained herein.
    Pedigree Sales will maintain a segregated client money account called “Client Account”.
    Payment by the Buyer must be by electronic funds transfer only from a recognised bank.
    Payment from “Client Account” to the Seller will only be made by an authorised director of the Licence Holder.
    Pedigree Sales is not a High-Value Dealer as we do not receive or facilitate cash payments.
  4. Privacy Policy: As per Section 1
  5. Governing Law, Jurisdiction and Arbitration: As per Section 1
  6. Entire Agreement: As per Section 1
  7. Waiver: As per Section 1
  8. Variation: As per Section 1
  9. Third-Party Rights: As per Section 1

 

Schedule One

Fees as of 7th September 2021:

Fees

Our listing fees are simple and easy to understand, it’s clear and transparent. To publish a listing on Pedigree Sales, users must first pay a listing fee. Once the fee has been paid in full, the listing will publish immediately. If your listing does not sell, then Users can avail of 3 free relists!

£/€ List Value Under 500.00 = 6.00

£/€ List Value Under 750.00 = 9.00

£/€ List Value Under 1,000.00 = 12.00

£/€ List Value Under 1,500.00 = 18.00

£/€ List Value Under 10,00.00 = 20.00

£/€ List Value Under 15,000.00 = 30.00

£/€ List Value Under 19,000.00 = 60.00

£/€ List Value above 20,000.00 = 80.00

No Sales Commission is charged to the Seller or the Buyer.

When an item is successfully sold a flat rate Invoice Service charge of 10.00 £/€ will be applied to cover Compliance Processing costs (Invoice Service, GDPR compliance, AML & KYC compliance reporting and record keeping) to each of the successful Buyer and Seller in a transaction.

Before placing a bid on Pedigree Sales, each User must enter their card details for our fees to be deducted.

The Buyer pays the Seller directly for the final sale price of the listing. After bidding has closed, a direct line of private communication is made between the Buyer and Seller to arrange payment and any outstanding transport arrangements, the details of which will be captured by our Invoice Service.

As a winning bidder you are obligated to pay the Seller at the close of auction. If you do not pay for your item, you will not receive a refund of the invoice charge, you will be blocked from bidding on www.pedigreesales.com.

If your credit card is declined for insufficient funds for either the Listing fee or Compliance Processing Costs a 50.00 £/€ charge shall be applicable.