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Terms and Conditions of the auction: Broodmares

 

Online Terms & Conditions for Broodmares

A. Agency Business

Oldenburger Pferde-Vermarktungs GmbH, Grafenhorststraße 5, 49377 Vechta, hereinafter also referred to as the "organizer", operates the auctioning of horses via online software in the name and for the account of the respective exhibitor (agency business). Place of performance and venue: 49377 Vechta, Germany

The purchase contract with the buyer and the exhibitor shall be based on the online auction conditions - hereinafter also referred to as GTC.

B. Organisation and execution of the online auction

1. Each participant will have the opportunity to view and test the horses they are bidding on.

2. Login (registration) and user account

The participation in an auction is only permitted for the natural or legal persons who 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.

3.Procedure 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 the conclusion 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) The organizer is entitled, at its 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 an agency fee for its activities as an 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 is calculated individually in the brokerage business due to the consideration of the VAT rate (in Germany: 0 %, 9.5 %, 19 %) or individual internationally valid tax rate of the seller as stated in the catalogue.

Knock-down price

+ individual Value Added Tax of exhibitor (in Germany: 0 %, 9,5 %, 19 %) or individual internationally valid tax rate according to seller)                        

= subtotal

+ 0,5 % insurance
(plus 19 % insurance tax)
= final balance amount

Informations for clients from other countries

For foreign clients the billed sales tax rate from farmers using a flat tax (9,5 %) cannot be refunded in Germany, as the tax from the exhibitor does not get paid to the tax authorities. A refund may be possible in the home country of the purchaser. Upon presentation of the required documents, exemption from sales tax may be granted to calculate the auction fee. There will be no changes with exemption from sales tax if the exhibitor is a commercial farmer (19 %) or opting to tax (19 %). Furthermore you have to arrange export details and make transport decisions as soon as possible after the purchase.

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 Horses

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 for dressage, show jumping or eventing at the time the catalogue was printed.
These brief 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.

 

E) Status of Health

-no definite agreement on the state of the horses-

The horses for sale have been clinically examined by the veterinarian, Dr. Holger Steinmann, 49439 Mühlen, phone.: +49 (0)5492-1394 or mobile: +49 (0)171-6040441. The clinical protocol can be viewed at the organiser's office at any time. Buyers are expressly invited to ask the veterinarian 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.

F) Liabililty

a) Seller's liability

1. If the seller is a consumer (§ 13 BGB) or both parties are entrepreneurs (§ 14 BGB), there shall be no rights regarding defects nor liability for material defects. 

2. The exclusion of liability agreed in Item 1 above does not apply insofar as the Seller is liable for personal injury resulting from injury to life, body or health which is based on at least a negligent breach of duty on the part of the Seller or intentional or negligent breach of duty by the Seller's legal representative or vicarious agent. Neither does the exclusion of liability apply to other damages based on at least a grossly negligent breach of duty by the Seller or the Seller's legal representative or vicarious agent.

3. In the case of a defect, the Exhibitor is entitled to rectification. The Buyer has the option of rectification or subsequent delivery. The Seller is entitled to make a subsequent delivery if rectification of defects is unreasonable or impossible. If the Buyer effectively declares his withdrawal from the purchase contract, the Seller shall owe the repayment of the purchase price concurrently against handover and repossession of the horse. The Seller shall also owe compensation for any necessary costs pertaining to feeding and stabling, farrier services and necessary veterinary care. Costs for renting a place in a boarding stable are necessary in the amount of up to €7.00 per day. The Seller shall reimburse the costs of return transport within Germany. In this respect, transport costs are reimbursable in the amount of €0.50 per transport kilometre driven. If the Buyer transports the horse outside of the country, the Buyer shall pay for the cost of return as far as the German border.

The Seller shall not be liable for damages, in particular in the form of expenses for training, replacement or other financial losses. This exclusion does not apply to the Seller's liability for personal injury resulting from injury to life, body or health which is based on at least a negligent breach of duty by the Seller or intentional or negligent breach of duty by the Seller's legal representative or vicarious agent. This exclusion likewise does not apply to liability for other damages based on a grossly negligent breach of duty by the Seller or on an intentional or grossly negligent breach of duty by the Seller's legal representative or vicarious agent. 

The Exhibitor's right to demand the surrender of use and/or compensation for the value of the horse for any use, utilisation, sale, encumbrance, handling, transformation, deterioration or destruction of the horse shall remain unaffected by the above provisions.

b) Liability of the Oldenburger Pferde-Vermarktungs GmbH

1.Any liability of Oldenburger Pferde-Vermarktungs GmbH arising from the brokered purchase contract is excluded.

2. The above-mentioned liability exclusion does not apply to the extent that the Organiser is liable for personal injury resulting from injury to life, body or health based on at least a negligent breach of duty by the Organiser or intentional or negligent breach of duty by the Organiser's legal representative or vicarious agent. Neither does the exclusion of liability apply to other damages which are based on at least grossly negligent breach of duty by the Organiser or the Organiser's legal representative or vicarious agent.

c) Notification regarding complaints or material defects

The Buyer must report any defects or other complaints and their possible revocation to the Seller in text form. In this regard, the contractual parties shall undertake to notify the Organiser accordingly in text form.

G. No disclaimer

Claims by the buyer against the vendor are not ruled out and the statutory period of limitation also applies instead of the shortened period of limitation if liability is due to a culpable injury to life, body or health, defects, the existence of which the vendor fraudulently concealed or the absence of which he guaranteed, as well as in the case of wilful or gross negligence on the part of the vendor, his representatives or vicarious agents.

H. Acceptance and Transfer of Risk

The risk shall pass to the buyer upon transfer of possession. Payment of the purchase price must be made immediately after acceptance of the bid. The buyer is obliged to collect the horse from the organiser immediately after payment of the purchase price. If this has not been done within 7 days after the day of knock-down, the buyer shall owe 20,-- Euro plus VAT for accommodation, feeding, care and exercise per calendar day from the day of the auction. After payment of the purchase price, ownership of the horse is transferred to the buyer.
Horses handed over to buyers by the vendor before the knock-down price has been paid is at the risk of the vendor.

I. Withdrawal Instructions

1.Right of withdrawal – insofar as the law on distance selling applies
 

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 withdrawal 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 withdrawal 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 withdrawal the Buyer must inform either the Seller or Oldenburger Pferde-Vermarktungs GmbH, Grafenhorst-strasse 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. Oldenburger Pferde-Vermarktungs GmbH shall act as the Seller's receiving agent. For compliance with the withdrawal period it is sufficient that the Buyer sends the notification of the exercise of the right of withdrawal before the expiry of the revocation period.

2. Consequences of withdrawal

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.

 

 

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 0.5 % (plus 19 % insurance tax) of the knock-down price the insurance extends 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

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 75,000 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.