Auction Terms and Conditions - Online Auction Hannoveraner Verband e.V.

I.  General Information

The Hannoveraner Verband e.V., Lindhooper Straße 92, D-27283 Verden (hereinafter referred to as the "organizer") is holding an online auction for the sale of foals from August 28 to September 14, 2019. The foals will be offered on behalf of the exhibitors. The Hannoveraner Verband e.V. itself does not offer foals and will not act as the contractual partner; the purchase contracts will be exclusively concluded between the buyers (hereinafter also referred to as "participants" and "bidders") and the owners of the foals (hereinafter also referred to as "exhibitors") as is laid down in § 433 German Civil Code. The online auction is not a public auction in the sense of § 383 (3) German Civil Code.

By registering, the participant acknowledges these Auction Terms and Conditions.

The Auction Terms and Conditions shall apply exclusively; opposing or deviating conditions shall not be accepted unless the Hannoveraner Verband e.V. has expressly agreed so in writing. This shall also apply if delivery is carried out without reservation despite knowledge of opposing or deviating general terms and conditions.

All agreements made between the owners of the horses and the bidders for the purpose of executing a concluded contract are based on these Auction Terms and Conditions.

The Auction Terms and Conditions shall apply in principle in the same way with entrepreneurs (as is laid down in § 14 German Civil Code) and with consumers (as is laid down in § 13 German Civil Code), unless their validity is expressly restricted with regard to individual clauses within their scope of application.

All illustrations, videos, drawings, descriptions and other documents used for the auction are subject to ownership and copyright law. The participant, the buyer and any third party require the express written permission of the Hannoveraner Verband e.V. before passing them on to third parties.

 

II. Online Auction Participation

1.

The participant has to register with the website https://www.verdener-auktion-online.com/ to participate in the auction. A participation contract is concluded between the organizer and the participant, based on these Auction Terms and Conditions. There is no right to participate. The Hannoveraner Verband e.V. reserves the right to block a user from submitting a bid and to revoke registration. Each participant shall only be entitled to have one account.

A registration can be deleted any time without giving reason in the profile of the bidder; in this case, all registered data will be permanently deleted unless they are necessary for an ongoing bidding process or the processing of an already effected purchase. The data will only be deleted if it is finally excluded that it is still needed.

2.

The participant has to provide complete and correct personal information upon registration including information whether the participant is a consumer as is laid down in § 13 German Civil Code or an entrepreneur as is laid down in § 14 German Civil Code.

Incorrect information can lead to cancellation of the participation contract by the organizer without notice.

3.

Only natural or legal persons are entitled to participate in the auction. Natural persons have to be of legal age and unlimited legal capacity to register for use.

The names of natural persons authorized to represent a legal entity have to be mentioned in full.

4.

The participant receives an email after registration, featuring a link and an assigned password which allows him to register for the auction platform and to participate in the auctions. The participant shall be entitled to change the password, but not be entitled to pass it on to third parties. The password has to be treated confidentially and to be protected against misuse. The participant shall be held liable to the organizer for all damages resulting from the misuse of his password if the latter has culpably caused the misuse himself. The liability shall also include the release from claims of third parties against the organizer.

If the participant becomes aware of misuse or loss of his access data, he has to inform the organizer immediately by telephone so that access can be blocked.

5.

The participant shall be entitled to terminate the participation contract any time without giving reasons. The organizer will then immediately deactivate the access with the corresponding password. Non-concluded auctions where the participant has placed a bid will nevertheless be concluded properly.

6.

The organizer and third parties commissioned by the organizer shall also be entitled to store and process the participant's data in addition to his IP address, whereby the data shall only be passed on to the seller and vicarious agents of the organizer.

 

III. Details on the auction horses

 

1.

A list of foals will be released with the organiser's website (https://www.verdener-auktion-online.com/) as of August 28, 2019. The list features the following information about the respective horse:

Horse name, sex, age, colour, pictures, video, pedigree.

However, above information are only a description of the foal. There is no guarantee for a corresponding quality and information about the respective foal are neither part of a quality agreement with regard to the future purchase contract. The visual presentation, comments made on the horse's talent, appearance, performance and information on pedigree are in particular not part of the quality agreement.

No guarantee is given for the breeding suitability of the presented horse. Fertility or breeding ability are no agreed qualities.

2.

The offered horses have been clinically examined by a veterinarian.

A veterinary examination protocol has been drawn up for the clinical examination. Registered participants can inspect it on the organiser's website. Participants are strongly recommended to have the veterinary examination protocol interpreted by their own veterinarians at their own expenses in order to be informed about the health condition of the foals in their own interest.

No bid can be made as long as the bidder has not previously confirmed that he has received the information on the existing clinical examination.

The result in the form of objective findings of the written and available examination protocol refers exclusively to the clinical examination and describes the health condition of the offered foal. It does not represent a quality agreement as is laid down in § 434 German Civil Code.

 

IV.   Online Auction Procedure

1.

The online auction starts with an offer placed by the Hannoveraner Verband e.V. in the Internet on the online platform. It is a declaration of intent by the Hannoveraner Verband e.V. to conclude a purchase contract. The bidding period is at the same timed determined in the offer by indicating an end-of-auction time. This offer cannot be accepted by a simple "Yes", but is a pre-declared acceptance of the highest bid. The organizer will only accept the highest bid that is effectively submitted by a bidder within the specified bidding period in accordance with the conditions of these Auction Terms and Conditions.

A countdown over the entire auction period indicates the remaining time until the end of the auction for the horse put up for auction.

In the last five minutes before the final end of the auction, each bidding activity shall extend the countdown by five minutes, so that after a bid at the end of the auction, the countdown shall be extended by another five minutes. The auction shall be terminated if no more bids are received during this time. An extension of the closing time for a previous horse will not result in an extension for the next horse.

2.

All amounts quoted are in Euro (€). The minimum starting price for a foal is 4,000 €. A valid bid has to correspond to the minimum bid and must be at least one bidding step higher than the bid of the previous bidder. Minimum bid increment for the online auction shall be 500 €.

3.

Bids can only be submitted via the mask for registered bidders installed on the organiser's website and only online. Bids submitted in any other way shall not be considered, even if they reach the organiser during the bidding period. Bids for which the bidder has not confirmed that he agrees with the validity of these Auction Terms and Conditions and that he has taken note of the revocation instructions as well as the information on the examination protocol will neither be accepted. 

A bid expires with the submission of a higher bid. The participant shall be bound by his bid until that time. Incoming bids will be recorded and considered after they have been received. Bids submitted at the end of the auction and submitted for the registered participant under "Bids" in accordance with these Auction Terms and Conditions shall only be accepted if the organiser has received them by the end of the auction. The transmission of bids shall be at bidder’s risk. The organizer shall not be responsible for any technical delays, not even in case of overload of the transmission paths.

The highest bid received first will be accepted if there are two or more identically high bids at the end of the auction period.

4.

An overview page features the content of the bid including all customer data before submitting the bid, enabling the bidder to still correct his bid via change fields. By clicking on the "Submit bid" button, the bidder submits a binding bid to the organiser to conclude a purchase contract. After submitting the bid, the bidder receives an automatically generated e-mail from the organizer, confirming receipt of the bid and providing details of the bid (confirmation of receipt). This confirmation of receipt is no acceptance of contract, but only confirms the bidder’s participation in the auction with the submitted bid. Each bid of each bidder will be subject to a higher bid. The respective bidder is bound to the submitted bid until the end of the bidding period. Bids below the minimum bid shall not be accepted, even if the organiser does not receive a higher bid by the end of the auction. The purchase contract for the sold horse is concluded without a separate knockdown by the effectively submitted highest bid of the registered bidder (at the end of the bidding period).

5.

An effective bid has to correspond to the minimum bid and has to outbid the bid of the previous bidder by the minimum bid increment of 500 € or more. This regulation applies for all horses put up for an online auction. The bidder will be informed by e-mail or other suitable means on the Internet platform that his bid was accepted and also if he has been outbid.

6.

The bidder who has submitted the highest effective bid at the end of the auction shall be informed by e-mail or by means of a permanent data carrier in text form. The receipt of notification serves as confirmation of the already concluded purchase contract and is not an additional prerequisite for its conclusion. Bidders who have not submitted the highest bid will not be notified. The highest bid will only be mentioned anonymously on the platform immediately after expiry of the bidding period. In accordance with § 312 (f) German Civil Code, purchaser’s information includes a confirmation of the contract in which the contract details are reproduced. It also contains information on revocation instructions as is laid down in § 246 (a) of the Introductory Act to the Civil Code.

7.

The Hannoveraner Verband e.V. is entitled, at its discretion, to block registered bidders for individual online auctions of individual horses or for a specified period of time or generally and thus to exclude them from participation in its online auctions to a limited or unlimited extent. This shall only be permissible for important reasons from which it follows that it is no longer acceptable for the Hannoveraner Verband e.V. to uphold a legal relationship to the blocked person.

8.

The organizer shall be entitled to cancel an auction any time before the end of the bidding period if he decides to do so at his reasonable discretion for good cause. In the event of system failures due to technical circumstances, the Hannoveraner Verband e.V. shall also be entitled to cancel the auction. In this respect, the revocation of the respective offer placed on the Internet pursuant to 2(4)(a) is expressly reserved. The cancellation decision shall be published on the Internet platform with a keyword-like statement of the reason. Bids already submitted shall expire without substitution. This reservation regarding the revocation of an offer to sell the horse to the highest bidder expires at the end of the auction if the auction was properly announced and terminated at the end of the bidding period, without a separate declaration by the Hannoveraner Verband e.V. being required. Claims for damages by bidders when it comes to technical problems during the Internet auction, in particular in the event of system failures, non-receipt of bids or their rejection for technical reasons shall be excluded. 

9.

The Hannoveraner Verband e.V. maintains a telephone hotline during running auctions, available at caller's expense at the time specified on the Internet platform and with the fees specified there. This hotline only serves to solve processing problems and not to accept bids. Neither promises nor contractual agreements of any kind are made via the hotline. You can reach the technical support of pro-bit werbeagentur e.K. during the opening hours from Monday to Friday from 8.30 a.m. to 12 a.m. and from 1 p.m. to 4.30 p.m. by calling +49 (0) 441 233 50 100.

10.

A contract is concluded between the seller of the horse and the participant at the end of the auction time, called "Acceptance of bid".

11.

The organizer reserves the right to resume the auction if the highest bid proves to be invalid at the end of the auction. This bid will then not be accepted.

 

V.  Accounting

1.

All prices and bids quoted do not include the applicable value added tax. The tax rate will be shown separately on the invoices.

2.

The highest bidder who has won the bid shall, as buyer, pay the organizer a sales fee of 6% of the purchase price plus the statutory VAT of currently 19%. In addition, the buyer shall bear the insurance costs for the horse, amounting to 1.25% of the purchase price - gross - including the sales fee - gross. The buyer shall instruct the organiser to take out this insurance in his name and for his account for the purchased horse with the acceptance of the bid.

3.

Hammer prices are net prices.

The buyer owes as purchase price the accepted bid plus VAT. The sales tax is raised from the hammer price and can vary, depending on the tax assessment of the seller. The respective VAT rate for each foal is shown after the name of the exhibitor in the online offer.

The organizer shall not be held liable for the correct information of the sales tax rate of the seller. If the rate should change after the auction, the difference has to be paid by the buyer or will be refunded to him.

The Hannoveraner Verband e.V. claims compensation for its activities as organizer of the online auction as well as costs and taxes, the amount of which depends on the hammer price.

The organizer issues the following detailed invoice to the participant who has won the bid:

final price of the auction (highest bid)

plus sales tax rate of the seller, if applicable (according to the information in the online offer)

= sales price

 

plus auction fee amounting to 6% of the sales price

plus VAT, amounting to 19%

= subtotal

 

plus 60 € for veterinarian examination upon delivery

plus 19% VAT on the examination fee

 

plus 1.25% of the subtotal for insurance

plus 19% insurance tax on the insurance amount

= final amount to be settled

4.

With the confirmation of the conclusion of the purchase contract, the bidder receives the invoice, featuring price and VAT. The deduction of discounts shall not be permitted.

The purchase price shall be due immediately and without deduction upon confirmation of the conclusion of the purchase contract. The statutory regulations concerning the consequences of default in payment shall apply. The sold foal shall only be handed over to the purchaser or to the carrier after payment of the purchase price.

The purchaser shall only be entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been accepted by us. The purchaser shall only be entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.

5.

The seller has irrevocably assigned the invoiced amount to the organizer for collection.

The horse remains the property of the seller until the buyer has paid the invoice amount in full (retention of title as is laid down in § 449 German Civil Code). Before transfer of ownership, pledging, transfer of security, processing or transformation of the horse shall not be permitted without the consent of the organizer or seller.

6.

Upon conclusion of the purchase contract, the risk as is laid down in § 446 German Civil Code passes on to the buyer, even if the horse remains in the custody of the organizer or seller in the first instance.

7.

The foals shall stay with the seller until they are delivered to the buyer. The seller shall bear all costs for care and feeding until the foal is handed over to the buyer; these fees are included in the purchase price. The seller shall inform the purchaser within the insured period (in accordance with paragraph VI) about the date of collection of the foal at his site. Buyer's contact details shall be forwarded to him for this purpose.

The bidding prices apply ex location of the foal in case of collection by the buyer. The indicated location is the place of performance and is fixed in the contract.

The purchased foal will not be handed over on buyer's request. However, the buyer shall be entitled to indicate the contact details of several forwarding agents for selection without obligation. One of these agents will then collect the foal on behalf of and for the account of the buyer against payment.

8.

The invoice amount is due for payment to the Hannoveraner Verband e.V. immediately after the end of the auction. Buyers from abroad will be charged the additional fee for the service of the official veterinarian. The seller has irrevocably assigned his own payment claims to the Hannoveraner Verband e.V. for collection and the latter has accepted the assignment.

If the buyer does not pay the final settlement amount within 7 working days (including Saturday) after the end of the auction, the seller shall be entitled to withdraw from the purchase contract. The seller shall then also be entitled to sell the horse to third parties. In this case, organizer and seller reserve the right to claim damages - for example in the event of a loss of proceeds.

 

VI. Insurance

The Hannoveraner Verband has taken out life insurance for all foals offered at the online auction. The respective contract passes on to the buyer as legal successor with the acceptance of the bid. The insurance premium will be settled with the final auction settlement.

The insurance cover ends at the earliest on October 31, 2019. For foals that are not yet six months old at this time, insurance cover shall end when they are six months old.  

The insurance conditions are specifically laid down in the insurer's insurance conditions, which can be viewed and downloaded from the auction website on the Internet.

 

VII Collection of the Horse

1.

The risk of accidental loss and deterioration of the horse shall pass on to the buyer upon conclusion of the purchase contract (acceptance of bid). If the foal stays with the organizer or seller after conclusion of the purchase contract, the buyer shall bear all costs for boarding and feeding including veterinary and farrier costs.

2.

The purchased foal has to be picked up by the buyer at its location within the insured period. It will be kept and cared for until that time by the seller free of charge. After expiry of the above-mentioned collection period, the buyer shall be in default of acceptance and 10 Euro per calendar day plus applicable VAT shall be charged for boarding and feeding, irrespective of the continuing obligation to collect.

VIII Liability

1.

All warranty rights and any liability for defects shall be excluded if the seller is a consumer as is laid down in § 13 German Civil Code or both parties are entrepreneurs as is laid down in § 14 German Civil Code.

2.

The exclusion of liability as is laid down under paragraph VIII (1) shall not apply if damages are caused by injuries to life, body or health with persons and if these damages are based on at least negligent or intentional breach of duty of the seller or its legal representatives or vicarious agents. The exclusion of liability does neither apply for other damages which are based on a grossly negligent or intentional breach of duty of the seller, his legal representative or vicarious agents.

3.

In the event of a defect, the seller shall be entitled to subsequent performance. Should subsequent fulfilment be unreasonable or impossible, the seller shall be entitled to subsequent delivery.

4.

Should the buyer effectively withdraw from the purchase contract, the seller owes the repayment of the purchase price concurrently with returning the horse and retransferring ownership. In addition, the seller owes the replacement of the necessary expenses such as feeding and boarding, farrier and in concrete emergency cases veterinary costs. Boarding costs are necessary up to the amount of 7 € per day. The seller shall not be held liable for all other costs. The seller's liability for personal injury resulting from injury to life, body or health resulting from a negligent or intentional breach of duty by the seller or its legal representative or vicarious agent shall be excluded. The same applies for other damages which are based on a grossly negligent breach of duty by the seller or on an intentional or grossly negligent breach of duty by his legal representative or vicarious agent.

The seller's right to release of use, compensation for value for drawn use, consumption, sale, encumbrance, processing, transformation, deterioration or death of the horse shall remain unaffected.

The seller shall reimburse the actual costs for a return delivery of the horse only within Germany. In this respect, costs up to 0.50 € per kilometre are to be refunded. In the case of a return delivery of the horse abroad, the seller shall pay the costs from the time of crossing the border.

5.

A liability of the organizer from the mediated sales contract shall be excluded. The exclusion of liability shall not apply if the organiser is liable for personal injury due to injury to life, body or health, based on at least a negligent breach of duty by the organiser or an intentional or negligent breach of duty by his legal representative or vicarious agent.

6.

The organizer and the sellers do not assume any guarantees. This applies in particular for certain qualities or intended uses. It is known that the further development and the future performances of the foals are not foreseeable and depend on a multitude of different factors. Possible verbal information of the seller and the organizer about the foals‘ suitabilities in equestrian sport or breeding do not represent an agreement on quality, but are declarations of knowledge, which are based on the subjective impressions of the seller and the organizer.

 

IX.  Liability Period, Inspection and Return Obligations

The liability period for defects including claims for damages shall be 12 months. This does not apply for the claims as are laid down in § 437 German Civil Code if the purchaser is a consumer and the purchased horse is not to be evaluated as used goods as is laid down in § 475 (2) German Civil Code.  Limitation period shall be 2 years in this case.

If the purchaser is an entrepreneur as is laid down in § 310 (1) German Civil Code, the purchaser's claims for defects presuppose that he has duly fulfilled his obligations to inspect and has given notice of defects as is laid down in § 377 German Commercial Code.

 

X.  German Law, Place of Jurisdiction, Severability Clause

If the customer is a merchant and the business relationship in dispute can be associated with his commercial business, the place of jurisdiction shall be the place of business of the organizer.

All rights and obligations arising from and in connection with the contractual relationship shall be governed by non-unified German law, namely the law as is laid down in the German Civil and Commercial Code. The application of UN purchase rights (CISG: United Nations Convention on Contracts for the International Sale of Goods dated April 11, 1980) shall be excluded.

Should individual provisions of these Auction Terms and Conditions be or become invalid or unenforceable, the validity of the contract in general shall remain unaffected. The invalid or unenforceable provision shall be replaced by statutory provisions. The same shall apply in the event that the contract proves to be incomplete.

 

XI. Final Provisions

1.

These Auction Terms and Conditions are available in German and English language. The German version shall apply in case of contractions; in the event of interpretations, the German version shall also primarily apply and authoritative for the interpretation of the English version.

2.

The Organiser reserves the right to amend or supplement these Auction Terms and Conditions in the future. The admitted bidders will be informed separately by e-mail of any changes or supplements to these Terms and Conditions during ongoing auctions. The amended or supplemented conditions shall only apply if the bidder submits a new bid after receipt of notice.

The EU Commission has provided a platform for online dispute resolutions (so-called "OS Platform"). The OS platform is scheduled to serve the out-of-court settlement of disputes arising from online contracts. Please click on the following link for the OS platform: http://ec.europa.eu/consumers/odr.

The Hannoveraner Verband e.V. hereby informs that we are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board as is laid down in § 36 German Consumer Dispute Settlement Act.

Präsentiert werden die im Jahr 2019 geborenen und hannoversch oder rheinisch registrierten Fohlen auf der Verdener Online-Auktions-Plattform www.verdener-auktion-online.com. Neben den allgemeinen Informationen zu Pedigree, Vaterlinie und Mutterstamm, werden die Auktionskandidaten durch eine aussagekräftige Foto- und Videogalerie, sowie ein tierärztliches Protokoll präsentiert, die dem Käufer höchstmögliche Transparenz bieten.