ONLINE TERMS & CONDITIONS OF THE AUCTION: STALLIONS

 

A. Sale on Commission

Oldenburger Pferde-Vermarktungs GmbH, Grafenhorststraße 5, 49377 Vechta, is the organizer of the auction and sells the horses described in the catalogue under the direction of the auctioneer/online-software in its own name and on account of the vendor (commission transaction).

Place of performance and venue: 49377 Vechta, Germany

 

B. Organisation and execution of the online auction

 

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.

 

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. Bids can only be made in Euro (€).The bidding step amounts to 500,00 € 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.

 

(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 knock-down and is to be made in cash in the auction office, by wire transfer, by bank confirmed check or by credit card. Expenses and interest resulting from cashing a check or the use of a 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. Oldenburger Pferde-Vermarktungs GmbH reserves the right to make other arrangements that assure payment of the purchase price.

 

The invoice amount for the buyer is calculated as follows:

Knock-down price

+ 6 % commission

= sub-total

+ 1.44 % insurance

(incl. 19 % insurance tax)

= net price

+ Value Added Tax according to § 12 (section 1) in conj. w. § 28 (section1)

UstG (16 %) of German tax laws

= invoice amount

 

All auction horses are insured by the commission agent (for further information, see the page on insurance in this catalogue). At knock-down, the respective insurance contract passes to the new owner as legal successor. The insurance premium is settled with the auction statement.

According to § 449 of the German Civil Code, the horse remains the property of the vendor until the purchase price has been paid in full. Oldenburger Pferde-Vermarktungs GmbH is authorized to receive payment and, if necessary, to sue the buyer for payment of the purchase price as well as all additional fees and expenses.

 

D) Properties of the stallions

1) The properties of each horse, which are described as age, color, pedigree with three generations and sex, are stated in the auction catalogue. Sizes stated are approximate sizes. The sizes given may differ from the actual size.

2) The brief comments stated in the catalogue are based on first impressions of the horse in regard to their presumed talent at the time the catalogue was printed.

These comments do not constitute an agreement on the properties of the horse.

3) Health problems at the time of the auction and any essential changes in the descriptions of the horses in the catalogue are recorded in the auction report or will be announced by the auctioneer before the auction.

4) Ability to breed

The stallion has the ability to complete the mating act and produce ejaculate for insemination.

5) Fertility

The stallion is fertile. If defects in fertility are claimed, an expert opinion shall be obtained on behalf of both parties from the Clinics for Horses, Reproductive Medicine Unit (Prof. Dr. Sieme) of the University of Veterinary Medicine Hannover, Foundation. The findings in the expert opinion shall be binding for both parties.

6) Claims regarding the ability of the licensed stallions to cover and inseminate shall be asserted as follows:

Claims for material defects concerning the licensed stallion’s ability to cover must be made against Oldenburger Pferde-Vermarktungs no later than the 30th of April in the year following licensing; claims for material defects concerning fertility must be asserted no later than the 31st of July of the year following licensing and auction.

Receipt by email at Oldenburger Pferde-Vermarktungs GmbH ([email protected]) shall be sufficient for the timeliness of the complaint.

To assess a licensed stallion’s fertility and ability to cover, an expert opinion shall be obtained on behalf of both parties from the Clinics for Horses, Reproductive Medicine Unit (Prof. Dr. Sieme) of the University of Veterinary Medicine Hannover, Foundation.

The findings in the expert opinion shall be binding for both parties. The cost for the expert opinion shall be borne by the buyer if fertility and ability to cover are confirmed; otherwise it shall be paid by Oldenburger Pferde-Vermarktungs GmbH.

 

E) Liability of Oldenburger Pferde-Vermarktungs GmbH

Any claims arising from defects shall be addressed to Oldenburger Pferde-Vermarktungs GmbH, which as commission agent shall settle the claims for the exhibitor (consignor). Oldenburger Pferde-Vermarktungs GmbH assumes liability for material defects only with regard to the quality characteristics specified above under D 1 in accordance with the statutory provisions, with the following restrictions:

1) There shall be no claim for subsequent fulfillment

2) There shall be no claim for reduction

3) The claim for damage compensation is restricted according to E.5

4) The parties have the right to withdraw from the contract.

 

If, at the time of transfer of risk, deviations from the contractually agreed quality are present, Oldenburger Pferde-Vermarktungs GmbH shall bear liability to take back the horse and refund the purchase price.

5) Claims for damages: This claim is limited to transport costs from the auction stable to the buyer’s stable within Germany, normal stabling and feeding costs, the costs of the first veterinary examination, farrier costs and any necessary costs for veterinary care. No liability exists for additional costs or expenses, procurement of replacement, possible financial losses or especially training/exercising costs.

6) For consumers as defined in § 13 BGB, claims arising from liability for defects become statute-barred within one year after the transfer of risk. For buyers who are not consumers as defined by law, claims arising from liability for defects become statute-barred 3 months after the transfer of risk.

7) Oldenburger Pferde-Vermarktungs GmbH and the exhibitors are liable only for the agreed quality characteristics (see D)

 

F) Statute of limitations

For sales to consumers as defined by § 13 BGB, all claims arising from liability for defects shall become statute-barred within one year of the transfer of risk; for sales to non-consumers as defined by law, the above claims shall become statute-barred within 3 months of the transfer of risk.

This does not include defects related to the licensed stallion’s fertility and ability to cover, the statute of limitations for which being no later than the 1st of December in the year following licensing.

 

G) No disclaimer of liability

The following are excluded from all limitations of liability to E: claims for damages from injury to life, body or health, which are based on a willful or negligent breach of duty by Oldenburger Pferde-Vermarktungs GmbH or an intentional or negligent breach of duty by a legal representative or vicarious agent of Oldenburger Pferde-Vermarktungs GmbH or the exhibitor.

Furthermore, all limitations of liability and other damages are excluded which are based on a willful or grossly negligent breach of duty by Oldenburger Pferde-Vermarktungs GmbH or a legal representative or vicarious agent.

 

H) Veterinary examination

-no definite agreement on the state of the horses-

The horses for sale have been clinically examined and X-rayed prior to delivery for the auction. Eighteen X-rays are taken of each horse according to the X-Ray-Guide 2018/German Equine Veterinary Association. A report on the clinical and X-ray examinations is prepared by the veterinarian, Dr. Holger Steinmann, 49439 Mühlen, phone.: +49 (0)5492-1394 or mobile: +49 (0)171-6040441.

The covering abilities and fertilities of stallions have not been verified. The above are not agreed qualities with regard to the auction conditions.

X-rays are jointly assessed by the directly responsible veterinarians, Dr. Holger Steinmann and Dr. Guido Stadtbäumer, Telgte, mobile: +49 (0)170-2287390. The report on the examination prior to the auction, X-ray findings and the assessment of the X-rays are kept in the auction office and are available to all interested buyers, their authorized agents and veterinarians for examination to make their own assessment prior to the auction. Examinations by veterinarians, their findings and assessments are independent services provided by these veterinarians. They are not deemed characteristics of the state of the horse or contractual assurances given by the Oldenburger Pferde-Vermarktungs GmbH or the vendor and serve solely as unbinding information for interested buyers. Buyers are expressly invited to ask both of the veterinarians named above to explain their findings concerning each horse. In accordance with the principles relating to the settlement of claims in the interest of third parties, claims for damages that the owner/exhibitor has, resulting from contracts with the veterinarian, are to be assigned to the buyer.

The results of the veterinary examinations, findings and evaluations shall be considered independent services of the veterinary surgeons. They are neither a characteristic feature nor contractual promise of Oldenburger Pferde-Vermarktungs GmbH or the exhibitor. The veterinarians are not vicarious agents of the Oldenburger Pferde-Vermarktungs GmbH, but rather act independently in an advisory capacity.

 

I. Taking delivery and transfer of risk

Risk passes to the buyer at transfer of ownership, even if the vendor remains the conditional owner for the time being. Horses handed over to buyers by the vendor before the knock-down price has been paid is at the risk of the vendor.

 

J. 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.

 

K. 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.

 

L. 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.

 

Insurance service

 

As of knock-down, all horses purchased at this auction are insured by:

 

Vereinigte Tierversicherungs

Gesellschaft a.G. (VTV)

Niedersachsenring 13

D-30163 Hannover

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.

 

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