Terms & Conditions
1. General - scope:
(1) We, the horse.auction GmbH, registered in the commercial register of the AG Leipzig under HRB 37375, Pfaffendorfer Str. 25, 04105 Leipzig (hereinafter also referred to as the organizer), auction horses, foals, frozen embryos, and attached embryos / Pregnancies and frozen straws (frozen semen) on the Internet (also only referred to as Internet auction here) for someone else's account (commission business). As the organizer, we base the purchase contract with the purchaser and the legal relationship with the bidder on these online auction terms and conditions (hereinafter also referred to as GTC).
(2) Our terms and conditions apply exclusively; We do not recognize any conditions that conflict with or deviate from our terms and conditions, unless we have expressly agreed to their validity in writing. Our terms and conditions also apply if we carry out the delivery without reservation in the knowledge that the purchaser's terms and conditions conflict with or deviate from our terms and conditions.
(3) All agreements that are made between us and the purchaser for the purpose of executing a concluded contract are set out in these terms and conditions.
(4) We reserve property rights and copyrights to images, videos, drawings, descriptions and other documents that are used by us for the auction. Before passing them on to third parties, the purchaser, the bidder and any third party require our express written consent.
(5) Our general terms and conditions apply in the same way to entrepreneurs (§ 14 BGB) and to consumers (§ 13 BGB), unless their scope is expressly restricted with regard to individual clauses.
2. Design and handling of the online auction:
(1) Registration and user account Participation in an Internet auction is only permitted for natural or legal persons who have registered with the organizer. When opening the registration, all questions put by the organizer in the registration form must be answered properly and correctly and any copies required must be enclosed. A registration can be deleted at any time without giving reasons by the registered user sending an email to [email protected] In this case, all registered data will be permanently deleted by the organizer, unless they are required for an ongoing bidding process or the processing of an acquisition that has already been made. In this case, the data will only be deleted when it is finally impossible that the data is still required. For the rest, reference is made to Section 8 of these General Terms and Conditions.
(2) Representation and legal capacity (a) Natural persons can only register for use if they are of legal age and have unlimited legal capacity. (b) - 2 - Natural persons authorized to represent a legal person must be named by name. (c) After registration, new users will receive a temporary password by email. A new personal password must be created by clicking on the confirmation link. Every user is obliged to keep his password secret.
(3) Internet auction process:
(1) The respective internet auction begins with an offer made by the organizer on the platform on the internet. This is a declaration of intent aimed at concluding a purchase contract. At the same time, the bidding period is specified in the offer by specifying "auction end". This offer cannot be accepted with a simple "yes", but it is a previously declared acceptance of the highest bid. The organizer only accepts the highest bid that is effectively submitted by a bidder within the specified bidding period in accordance with the conditions of these terms and conditions.
(2) Bids can only be submitted online using the mask installed on the platform for registered bidders. Bids that are submitted in any other way will not be considered, even if they are received by the organizer during the bidding period. Bids for which the bidder has not declared that he agrees with the validity of these terms and conditions for his specific bid and has taken note of the cancellation policy will also not be accepted. Bids submitted up to the end of the auction, which are submitted for the registered bidder under "Bid" in accordance with these terms and conditions, will only take part in the auction if they have been received by the organizer by the end of the auction. The transmission takes place at the risk of the bidder.
(3) By clicking the "Bid" button on the online platform, the bidder submits a binding bid to the organizer to conclude a purchase contract. Each bid of each bidder is resolved by submitting a higher bid. The respective bidder is bound to the submitted bid until the end of the bidding period. Bids that are below the minimum bid do not take part in the auction, even if the organizer does not receive a higher bid by the end of the auction. The purchase contract for the auctioned horse is concluded without a separate knock-down due to the highest bid effectively submitted by the registered bidder at the end of the bidding period.
(4) An effective bid must correspond to the minimum bid and otherwise be at least one bidding step above the previous bidder's bid. The bidding steps are specified by the system (€ 50, € 100, € 250, € 500 and € 1000 )
(5) Notification of the conclusion of the contract The bidder who has submitted the highest effective bid at the end of the auction will be notified of this in writing by email or in another way on a permanent data carrier. The receipt of the notification is the confirmation of the already concluded purchase contract and not an additional requirement for its conclusion. Bidders who have not submitted the highest bid will not receive any notification. The highest bid is only given anonymously on the platform immediately after the bidding period has expired. According to § 312 f BGB, the notification to the purchaser contains a confirmation of the contract in which the content of the contract is reproduced and contains the information required in Article 246 a of the Introductory Act to the Civil Code.
(6) We are entitled at our discretion to block registered bidders for individual auctions of individual objects or for a certain period of time or in general and thus to exclude them from participating in auctions to a limited or unlimited extent. This is only permissible if - 3 - there is an important reason from which it emerges that the continued existence of a legal relationship with the blocked person is no longer reasonable for us.
(7) The organizer can cancel an auction at any time before the end of the bidding period if it decides to do so at its reasonable discretion if there is an objective reason. In the event of system failures due to technical conditions, the organizer is also entitled to cancel the auction. in this respect, we expressly reserve the right to revoke the respective offer made on the Internet in accordance with 2. (4) (a). The decision to cancel will be communicated on the internet platform with key words indicating the reason. The bids already submitted expire with the notification without replacement. This reservation regarding the revocation of our offer to sell to the highest bidder expires at the end of the auction in the case of an auction carried out in accordance with the announcement and ended at the end of the bidding period, without a separate declaration from us being required. Claims for damages by bidders in the event of technical problems in the processing of the Internet auction, in particular in the event of system failures, non-access to bids or their rejection for technical reasons, are excluded.
(8) The organizer maintains a hotline during the ongoing auctions, which can be reached within the time specified on the Internet platform with the fees stated there at the expense of the caller. This hotline is only used to resolve processing problems and not to accept bids. Neither promises nor contractual agreements of any kind are made via the hotline. 3. Information on the auction object and the timing of the auction.
(9) The auction objects put up for auction on the platform of the organizer are offered with the following information: horse name, gender, age, color, size, pictures, video, parentage. The above information only represents a description of the auction object, we do not guarantee a corresponding quality and they are not the content of a quality agreement with regard to the future purchase contract. The sizes given are approximate values. A difference to the actual size is possible. The horses can be viewed and test ridden during the ongoing internet auction by prior arrangement.
(10) No guarantee is given for the breeding suitability of the horses entered. In particular, the fertilization ability of stallions and the breeding ability of mares were not examined by the organizer. The fertility or breeding ability are not an agreed quality.
(11) The horses entered for the auction have been clinically examined in preparation for the auction. In addition, all 2j. and older horses have been x-rayed. X-rays of the following standard projections were made: - Toe in front on both sides (90 °) and Oxspring (0 °), - Toe in back on both sides (90 °) - Ankle joint on both sides (45 ° to 70 °, 90 ° to 115 °) - Knee on both sides (90 ° to 110 °) - other recordings: BWS - - 4 - A veterinary examination protocol has been drawn up on the clinical examination carried out, which can be received and viewed by registered prospective buyers upon request to [email protected] The bidder is strongly advised to have the veterinary examination protocol and the x-ray images interpreted independently and at his own expense by his own veterinarian. The latter can request the X-ray images from the organizer at the bidder's expense. The bidder is strongly advised to make use of this opportunity to provide information on the state of health of the respective horse in his own interest. For technical reasons, the request for the veterinary documents can be requested by email. The result in the form of an objective assessment of the examination protocol, which is exclusively related to the clinical examination and which can be viewed in writing, as well as the condition visible on the x-ray images is a description of the health condition of the horse placed in the auction, but does not constitute an agreement on the condition within the meaning of Section 434 of the German Civil Code (BGB).
(12) The minimum bid in EURO is still given for the horse entered in the internet auction. The location of the horse during the auction and at the time after the end of the auction is with the organizer. Due to the technical and organizational handling of the internet auction, viewing the horse is only possible after prior agreement with the organizer.
(13) The timing of the internet auction is displayed under each auction item
(14) Frozen embryos are stored at the University Clinic in Utrecht and were produced by Avantea in Italy using the OPU / ICSI method; a production certificate is published for each embryo / gestation.
(15) Gestations are confirmed by a veterinarian; a current gestation confirmation is sent with the invoice.
4. Prices, terms of payment, special features of embryos and collection:
(1) All prices and bids stated are plus the commission fee (10%) and the applicable sales tax (currently 19%. For semen/straws only 7%), This is shown separately on invoices. The invoiced amount is calculated as follows: hammer price plus 10%) Commission fee = net amount plus VAT in accordance with the Value Added Tax Act (19%) or 7% semen/straws = billing amount.
(2) In principle, the bid prices apply from the location of the horse / embryos / straw / pregnancies if the buyer collects them himself. The specified location is the place of performance agreed upon in the concluded contract. The auction object will not be shipped, even at the request of the buyer.
(3) TG Straws are sold with the rights that the seller himself bought it. We always assume the legality of the information. The special characteristics are named in the plumb bob (e.g .: ICSI free, without restrictions)
(4) With the confirmation of the conclusion of the purchase contract, the bidder receives the invoice stating the price and the sales tax.
(5) The deduction of a discount is not permitted.
(6) The bid price is due for payment at the latest without deduction within one week of the invoice date. The legal rules regarding the consequences of default in payment apply. The handover of the auctioned lot to the buyer or to the carrier takes place only after the purchase price has been paid. It is expressly pointed out that according to paragraph (8) below, additional stand costs may arise even if payment is made on time.
(7) The purchaser is only entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been recognized by us. The purchaser is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.
(8) The auction object can be picked up by the purchaser after the purchase at the location of the organizer step by step against payment of the purchase price or against prepayment and will be stored and supplied by the organizer free of charge until then. The customer has the opportunity to view and ride the horse during this time. From the 14th day after the auction, we charge an amount of € 50.00 plus statutory VAT per calendar day for the custody and care of the auctioned horse, irrespective of the continuing obligation to collect it.
(9) The frozen embryos / TG Straws are stored in tanks in Utrecht (NL) / Mühlen (GER) / Avantea (IT) and other vet-clinics in germany. According to (8), after receipt of payment and approval, these has to pick up by the buyer or relocated within the storage location to his depot (change of ownership).
(10) When pregnant, the carrier mare must be picked up by the buyer for his own care and returned to the seller no later than 6 months after foaling. A deposit of 2000 € plus VAT is required as security. booked. The mare must be returned to the seller's pick-up location after the foal has been weaned. At the time of return, the mare must be in perfect health, regularly vaccinated, dewormed and in good nutritional, care and hoof condition.
(11) In the case of pregnancy, the carrier mare can on request from the seller against assumption of the monthly accommodation and food costs in the amount of 300 € - 350 € (per stall) plus the total. VAT (currently 19%) plus all other costs such as vaccinations, farrier and medical care remain. A separate agreement is made on this between the parties.
(12) The breeder is already indicated in the description of the lot for all pregnancies / embryos. Foals born later must be registered with details of this breeder. The choice of the breeding association is incumbent on the buyer. The foal birth must be reported to the seller within 10 days.
5. Liability and limitation of damages:
(1) The seller is liable in accordance with the statutory provisions if the customer asserts claims for damages based on intent or gross negligence, including intent or gross negligence on the part of his representatives or vicarious agents. Insofar as the seller is not accused of intentional breach of contract, liability for damages is limited to the foreseeable, typically occurring damage.
(2) The seller is liable according to the statutory provisions if he culpably breaches an essential contractual obligation; Even in this case, however, the liability for damages is limited to the foreseeable, typically occurring damage. An essential contractual obligation exists if the breach of duty relates to an obligation on the fulfillment of which the customer trusted and could also trust.
(3) If the customer is otherwise entitled to compensation for damage instead of performance due to a negligent breach of duty, the seller's liability is limited to compensation for the foreseeable, typically occurring damage.
(4) Liability for culpable injury to life, limb or health remains unaffected; this also applies to mandatory liability under the Product Liability Act.
(5) Any further liability for damages than provided above is excluded - regardless of the legal nature of the asserted claim. This applies in particular to claims for damages due to negligence when concluding the contract, due to other - - 6 - breaches of duty or due to tortious claims for compensation for property damage in accordance with Section 823 of the German Civil Code (BGB).
(6) The limitation according to Paragraph (5) also applies if the customer requests reimbursement of useless expenses instead of a claim for compensation for the damage.
(7) As far as the liability for damages towards the seller is excluded or limited, this also applies with regard to the personal liability for damages of his employees, workers, employees, representatives and vicarious agents.
6. Statute of limitations, liability, inspection and complaint obligations:
(1) The limitation period for claims for defects including claims for damages is 12 months, calculated from the start of the statutory limitation period. This does not apply to the claims referred to in Section 437 of the German Civil Code (BGB) if the purchaser is a consumer. In this case, the limitation period is two years, but liability for any defects, including towards consumers, is limited to one year from the handover of the horse.
(2) If the purchaser is an entrepreneur within the meaning of Section 310 (1) of the German Civil Code (BGB), the purchaser's claims for defects require that the purchaser has properly complied with his inspection and complaint obligations under Section 377 of the German Commercial Code (HGB).
7. Retention of title:
(1) Ownership of the auctioned horses is only transferred to the purchaser after the purchase price has been paid in full, including the commission fee and VAT. The transfer of ownership remains reserved until all due claims from the business relationship have been paid.
(2) Before the transfer of ownership, pledging, transfer by way of security, processing or redesign without the consent of the organizer or advertiser is not permitted.
8. Place of jurisdiction - place of performance - data protection:
(1) If the customer is a merchant and the business relationship at issue is to be attributed to the operation of his trade, the organizer can sue the customer at the court responsible for the venue (Leipzig). The organizer himself can only be sued by these customers at the court responsible for the place of business (Leipzig). For all rights and obligations from and in connection with the contractual relationship, the non-standardized German law applies, namely the law of the BGB / HGB. The validity of the UN sales law (CISG: United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980) is excluded.
Data protection: We collect and save the customer's data necessary for business transactions. When processing the customer's personal data, we observe the statutory - 7 - provisions. Further details can be found in the data protection declaration available in our online offer. Upon request, the customer receives information about the personal data stored on him at any time.
9. Final provisions:
(1) These general terms and conditions are available in German and English. In the event of contradictions, the German version alone applies; in the case of interpretations, the German version is primarily to be used and authoritative for the interpretation of the English version.
(2) The organizer reserves the right to change or add to these Internet auction terms and conditions for the future. The approved bidders will be informed separately by email of any changes or additions to these conditions. The changed or supplemented conditions only apply if the bidder submits a new bid after receiving the notification.
(3) The EU Commission has provided a platform for online dispute resolution (so-called "OS platform"). The OS platform is intended to be used for the out-of-court settlement of disputes arising from online contracts. The OS platform can be reached under the following link: http :: //ec.europa.eu/consumers/odr. According to § 36 VSBG, we inform you that we are neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board. (4) Should individual provisions of these terms and conditions be or become invalid or unenforceable, the validity of the rest of the contract remains unaffected. The ineffective or unenforceable provision is replaced by the statutory provisions. The same applies accordingly in the event that the contract turns out to be incomplete.