Terms and Conditions for Online-Auction - Foals
A. Sale on Commission
The Oldenburger Pferde-Vermarktungs GmbH, Grafenhorststraße 5, 49377 Vechta, is the organizer of the auction and sells the foals listed in the catalogue in its own name and on account of the vendor (commission business). Place of performance and jurisdiction: 49377 Vechta.
B. Organisation and execution of the online auction
B.1. Login (registration) and user account
The participation in an auction is only permitted for the natural or legal personswho have registered with the organiser. At the opening of the registration, all the questions asked by the organiser in the registration form have to be duly and correctly answered and required copies may have to be attached. A deletion of registration will only take place when it is definitely concluded that the data is not needed.
Representation and legal capacity
(a) To register for use, natural persons must be of legal adult age and have unlimited capacity to conduct business.
(b) Natural authorised representatives of a legal entity must be mentioned by name.
(c) Registered users receive a password. Every user is obliged to keep the password confidential.
B.2.Sequence of the internet auction
(a) The respective internet auction begins with an offer placed on the internet by the organiser on the platform. This is a declaration of intent directed towards theconclusion of a sales agreement by the organiser. With the offer, the bidding time is also defined by the term "auction end". This offer cannot be accepted by a simple “yes”, but is a pre-declared acceptance of the maximum bid. The organiser will only accept the maximum bid that was placed effectively by a bidder according to the terms of these general terms and conditions during the aforementioned bidding time.
(b) Bids can exclusively only be placed on the mask installed from the platform for registered bidders and only online. Bids that have been placed in other ways will not be taken into account, even if the organiser receives them during the bidding period. Bids, for which the bidder has not stated that he agrees with the validity of these general terms and conditions for his concrete bid and that he has taken note of the right of withdrawal, are also not accepted. Bids placed until the end of the auction that are submitted for the registered user under “bid” according to these general terms and conditions, only participate in the auction if they reach the organiser before the end of the auction. The bidder bears the risk of the submission.
(c) Before the submission of the bid the content of the bid will be summarised on an overview page. The bidder can correct his bid in the change fields provided for this purpose. By clicking on the button“submit bid”, the bidder submits a binding bid to the organiser for the conclusion of a purchase agreement. After submitting the bid, the bidder receives an automatically generated e-mail from the organiser, confirming that we have received the bid and indicating the details (confirmation of receipt). This confirmation of receipt does not constitute acceptance of a contract but only serves as confirmation of participation in the auction with the submitted bid. Each bid of each bidder will be rendered invalid with the submission of 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 participate in the auction, even if the organiser does not receive a higher bid by the end of the auction. The purchase contract for the auctioned horse is made
without any separate surcharges with the effective highest bid submitted by the registered bidder (user or customer) at the end of the bidding period.
(d) An effective bid must correspond to the minimum bid and, moreover, at least one bidding step above the previous bidder's bid. The bidding step amounts to 250,00 € for all horses entered in the auction. The bidder shall be informed by e-mail or by another appropriate means if his bid is accepted and also if he has been outbid.
All indicated bids are subject to the applicable value added tax (currently 19%).
(e) Information of the conclusion of the contract: The bidder who has submitted the highest effective bid at the end of the auction will be notified by e-mail or by another means on a durable medium in text form. The receipt of the notification is the confirmation of the purchase contract that has already been concluded and not an additional condition for its conclusion. Bidders who have not submitted the highest bid do not receive a notification. The maximum bid will be indicated anonymously on the platform immediately after the end of the bidding period. The notification to the purchaser includes, according to § 312 f of the German Civil Code, a confirmation of the contract, in which the content of the contract is repeated, and contains the information required by Article 246a of the Introductory Law to the German Civil Code, including the right of revocation.
(f) We shall be entitled, at our discretion, to block registered bidders for individual auctions of individual objects or for a specific period or in general and thus fully or partially exclude from the authorisation of participation in auctions. This is only permissible if there is an important reason for which the continuation of a legal relationship with the blocked person is no longer reasonable for us.
(g) The organiser can cancel an auction at any time before the end of the bidding period, if he decides so with an objective reason at his reasonable discretion. In case of a system failure due to technical circumstances, the organiser is also entitled to cancel the auction. In this respect, we explicitly reserve the right to revoke our respective bid submitted online according to 3. The decision of cancellation will be announced on the internet platform stating the reason. The bids that have already been submitted become invalid without replacement with the announcement. This reservation to revoke our offer to sell to the highest bidder shall terminate at the end of the auction, which has been carried out according to the announcement and ended at the end of the bidding period, without any separate declaration being necessary. Claims for compensation from bidders for technical problems of the processing of the internet auction, in particular for system failure, non-access to bids or their refusal due to technical reasons are inadmissible.
(h) During the ongoing auction, the organiser maintains a hotline, which can be reached at the expense of the caller during the time specified on the internet platform and with the fees stated there. The hotline is only used to resolve process problems, and not to receive bids. No commitments or contractual agreements, regardless of their type, will be made via the hotline.
C. Settlement and Payment
Oldenburger Pferde-Vermarktungs GmbH charges a commission fee for its activity as a commission agent which is calculated on the basis of the knock-down price along with expenses and taxes. Payment is due immediately after the knock down and has to be made in cash in the auction office, by wire transfer, by bank confirmed check or credit card. Costs and interest resulting from cashing a cheque or from wire transfer or using the credit card must be paid by the buyer. The horse can only be released to the buyer when the total invoice amount was credited to the account of the Oldenburger Pferde-Vermarktungs GmbH. The Oldenburger Pferde-Vermarktungs GmbH reserves the right to make other arrangements with buyers that assure payment of the purchase price.
The account will be settled as follows:
+ 6 % commission
+ 1.44 % insurance
(incl. 19 % insurance tax)
= net price
+ Value Added Tax according to § 12 (section 1)
UstG (19 %) of German tax laws
= invoice amount
All auction foals are insured by the commission agent (for further information see the information on insurance service in this catalogue). The insurance policy for the foal becomes the property of the new owner as legal successor. The insurance premium is settled with the auction statement. According to § 449 of the German Civil Code, the foals remain the property of the vendors until full payment has been effected. The Oldenburger Pferde-Vermarktungs GmbH is authorized to receive payment and, if necessary, to sue the buyer for payment of the purchase price and any services rendered.
D. State of the Foals
The state of the foals is established in regard to age, color, pedigree, sex and, if applicable, special performances of the family as well as the horse’s freedom from defects unless the existence of defects is announced by the auctioneer. If there is a photograph and/or brief description in the auction catalogue, this information is based on first impressions of the foal at the time the catalogue was printed and does not constitute an assurance by the organizer or vendor regarding special capabilities of the foal. Health problems at the time of the auction and any essential changes in the descriptions of the foal in the catalogue will be announced by the auctioneer. The Oldenburger Pferde-Vermarktungs GmbH does not determine any other characteristics regarding the state of the foal and no other characteristics are subject of the contract.
E. Liability of Oldenburger Pferde-Vermarktungs GmbH
If the buyer does not fall under the ruling of E II below, liability towards the buyer will be governed as follows:
All claims arising from defects are to be directed to the Oldenburger Pferde-Vermarktungs GmbH which, as commission agent, will handle claims for the vendor (consignor). The Oldenburger Pferde-Vermarktungs GmbH will assume liability for defects in regard to the characteristics established under section D above with the following restrictions:
1) In view of the fact that it is impossible to replace individual living things, a claim for later fulfillment by replacement is excluded. Remedy of defects is limited insofar to an expert opinion that is binding for both parties issued by the Veterinary Clinic Telgte which states that recovery is not to be expected within six months of treatment. In case of remedy, the Oldenburger Pferde-Vermarktungs GmbH may stipulate whether the foal must be returned to Vechta or the vendor at the cost of the Oldenburger Pferde-Vermarktungs GmbH or will be left with the buyer for remedy.
2) Claims for reduction of the purchase price are excluded.
3) Claims to withdraw from the contract: In case of considerable deviations from the contractually established characteristics of the foal at the time of the transfer of risk, the Oldenburger Pferde-Vermarktungs GmbH will assume liability for taking back the foal and returning the purchase price.
4) Claims for damages: Claims for damage are limited to transport costs from the auction stables to the buyer’s stables within Germany, the normal expenses for boarding and feed, the costs for the initial veterinary examination, expenses for a farrier and any necessary expenses for veterinary treatment in case of illness of injury. The Oldenburger Pferde-Vermarktungs GmbH will not be liable for further costs and expenses, replacement, damage to property and especially not for costs for training/exercising.
5) The Oldenburger Pferde-Vermarktungs GmbH and the vendor are only liable for the stated established characteristics. The Oldenburger Pferde-Vermarktungs GmbH will not assume liability for the accuracy of the findings and diagnoses of the veterinarians who have examined the foals prior to the auction. Foals are sold as seen on the day of the auction.
6) Statutory period: All claims filed by buyers who are not consumers within the meaning of the German law arising from liability for defects expire by limitation within three months after the transfer of risk.
Liability towards the buyer if he is a consumer within the meaning of § 13 of the German Civil Code and buys a new good will be governed as follows:
1) For consumers as buyers of something new, e.g. a six-month-old foal, the following applies in deviation to the provisions stated above under E No. 2 to 7:
Legal claims for defects are valid.
Claims filed by the buyer for damages according to § 437, section 3 of the German Civil Code (claim for damages instead of performance and claim for compensation of expenses) are excluded.
2) Claims filed by the consumer as the buyer of a new good expire by limitation two years after the transfer of risk.
F. No exclusion of liability for injury to life, body, health or gross negligence
The buyer may file claims against the seller if the liability for damages is based on injury to life, body or health resulting from a negligent breach of duty by the seller or a deliberate or negligent breach of duty by a legal representative or vicarious agent of the seller or if the liability for other damages is based on a grossly negligent breach of duty by the seller or on a deliberate or grossly negligent breach of duty by a legal representative or vicarious agent of the seller. In such cases, only the statutory period of limitation applies.
G. Veterinary examination
The foals presented for sale have been clinically examined by the veterinarians of the vendor and by the auction veterinarian, Dr. Steinmann, Mühlen (Tel.: +49 (0)5492/1394 or mobile +49 (0)171/6040441). The scope of the respective examination and findings are documented in a health certificate that is available in the auction office. Examinations by veterinarians, their findings and evaluations are independent services provided by these veterinarians. They are not characteristics of the foal or contractual assurances given by the Oldenburger Pferde-Vermarktungs GmbH or the vendor.
H. Taking delivery and transfer of risk
In the case of foals, the risk passes to the buyer when the buyer takes delivery of the foal. The foal must be delivered by the buyer at the latest six months after the birth of the foal with an acceptance examination at the Oldenburger Pferde Zentrum Vechta supervised by the auction board. At delivery, a delivery report must be signed by the vendor (or his authorized representative) as well as the buyer (or his authorized representative) and sent to Oldenburger Pferde-Vermarktungs GmbH. In agreement with the vendor, the buyer may take delivery of the foal at an earlier date. Until delivery of the foal is taken, the vendor bears the risk and the costs for keeping the foal, including expenses for veterinarians and farriers. The date for taking delivery is to be agreed upon between the vendor and the buyer. If the buyer is in arrears in taking delivery of the foal, the risk of coincidental depreciation or loss of the foal passes to the buyer as well as expenses for keeping the foal, including veterinary and farrier costs.
A foal, handed over to buyers by the vendor before the knock-down price has been paid in full, is at the
risk of the vendor.
I. Revocation Instructions
1.Right of revocation
If the Buyer is a consumer and the Seller an entrepreneur according to Section 312 g BGB, the Buyer shall be entitled to the right of revocation as is laid down in Section 355 of the German Civil Code (BGB). The Buyer then has the right to revoke this contract within fourteen days without having to give a reason. The revocation period begins on the day on which the Buyer or a third party named by the Buyer who is not the carrier takes possession or has taken possession of the horse. In order to exercise the right of revocation, the Buyer must inform either the Seller or Oldenburger Pferde-Vermarktungs GmbH, Grafenhorststrasse 5, 49377 Vechta, Germany, by means of a clear statement (e.g. email, fax or a letter sent by mail) of their decision to revoke the contract. The attached withdrawal form may be used for this purpose, but is not mandatory. Oldenburger Pferde-Vermarktungs GmbH shall act as the Seller's receiving agent. For compliance with the revocation period it is sufficient that the Buyer send the notification of the exercise of the right of revocation before the expiry of the revocation period.
2. Consequences of revocation
If the Buyer revokes this agreement, they shall be reimbursed, immediately and no later than fourteen days from the date on which notice was received regarding revocation of this agreement, for all payments received from them by the Organiser and the Seller, including delivery charges (with the exception of additional charges arising from the Buyer’s choice of a method of delivery other than the cheapest standard delivery offered). For this refund the same means of payment will be used that had been used for the original transaction, unless expressly agreed otherwise with the Buyer; in no case will they be charged for this refund. The Organiser and Seller may refuse to issue a refund until they have received the returned goods or until the Buyer has provided evidence of the horse having been returned, whichever occurs earlier. The Buyer shall bear the direct costs of the return of the horse.
J. Data protection
We collect and store the client's data which is necessary for business processing. With regard to the processing of personal data of the customer, we comply with the legal provisions. Further details can be found on our online privacy statement. The customer shall, at any time, upon request, obtain information regarding the recording of any personal data.
K. Final provisions
(a) These general terms and conditions are available in German and English versions. In the event of discrepancies, only the German version is valid; for interpretations, the German version is primarily to be consulted and decisive, as is also the case for interpretations of the English version.
(b) The organiser reserves the right to modify or to complete these internet auction terms and conditions for the future. Approved bidders will be notified by e-mail of any changes or additions to these terms and conditions during ongoing auctions. The amended or supplemented conditions shall only apply if the bidder makes another bid after receipt of the notification.
(c) The European Commission has set up an online dispute resolution platform (called ODR platform). The Online Dispute Resolution Platform is intended for out-of-court resolution of disputes arising from online contracts. You can access the ODR platform under the following link:
http://ec.europa.eu/consumers/odr In accordance with § 36 of the German Act on Resolution of Disputes with Consumers (VSBG), we inform you that we are neither willing nor obliged to take part in proceedings to resolve disputes before a consumer arbitration body.
(d) Should individual provisions of these General Terms and Conditions be or
become invalid or unenforceable, this shall not affect the validity of the
remainder of the contract. The invalid or unenforceable provision shall be
replaced by the statutory provisions. The same applies accordingly in the event
that the contract proves to be incomplete.
As of knock-down, all horses purchased at this auction are insured by:
Gesellschaft a.G. (VTV)
Tel. +49 (0) 5 11 - 67 08 245
Fax +49 (0) 5 11 - 67 08 77245
For 1.44 % (including insurance tax) of the knock-down price the insurance can be extended for a period of 8 weeks with the following coverage:
80 % indemnification for death or putting down in an emergency due to illness or an accident
80 % indemnification for permanent unfitness for use due to illness or accident
Included in insurance coverage is every transport within the insured period (land, air or sea) to the first buyer’s stables. The knock-down price is the insured amount, however maximum 175,000 Euros incl. costs and Turnover tax.
The insurance contract is based on the German insurance law AVP TLP 01/2008.
A continuation of the insurance at the cost of the buyer/owner may be concluded in the auction office or within the insured period with the above given insurance company. New X-rays are not required and there is no waiting period.
If you are interested, please contact
Mr. Heiko Meinen,
VTV General Representative
Deichweg 26, D-26689 Apen
Tel. +49 (0) 44 89 - 94 04 90
Fax +49 (0) 44 89 - 94 04 91
Mr. Meinen will also be present during the auction and can be reached under the mobile phone number +49 (0)1 72 - 5 49 16 10.