Auction conditions for riding horses
1. General
1.1 Eugen Wahler KG, Zum Klosterhof 8, 29549 Bad Bevensen (hereinafter "Eugen Wahler KG") hosts and conducts public auctions of horses, acting as agent for its customers (hereinafter "exhibitors"). The auctions take place as a public auction on the premises of Klosterhof Medingen. If necessary they take place simultaneously online via the auction platform of a third party (hereinafter “operator”) in form of an online bidding process.
1.2 Interested parties can register as participants on the auction platform for the online bidding process. The operator's terms and conditions apply. The operator provides the technical infrastructure. He becomes a contractual partner of the respective participant only for the use of the platform. The operator does not become a contractual partner of the contracts concluded within the auction.
1.3 Admission tickets for the auction can be purchased by anyone while stocks last. Interested parties should reserve their tickets with the auction office in good time. By purchasing the admission ticket for the auction or by registering on the auction platform as well as with the submission of a bid the participant accepts these auction terms and conditions. All contractual agreements made between the exhibitors as sellers and the buyers regarding a purchase at the auction are based on these terms and conditions. The auction terms and conditions conditions apply exclusively -and in addition to the terms of use of the operator regarding the use of the online platform. Opposing or deviating conditions will not be recognized. This also applies if a handover is carried out without reservation and in the knowledge of conflicting or deviating terms and conditions of the buyer.
1.4 Eugen Wahler KG conducts the auction in the name of and for the account of the respective exhibitor and does not become party of a purchase contract which is concluded directly between the exhibitor as the seller and the successful bidder as the buyer of the auctioned horse. It is a purchase contract according to §§ 433 ff. BGB.
1.5 The auction is publicly accessible according to§ § 312g II No.10 BGB and 474IIS.2 BGB. The horses are offered as used items according to law. The regulations for the sale of consumer goods (§§ 474 ff. BGB) do not apply according to § 474 II S. 2 BGB. The right of withdrawal is excluded.
2. Participation in the online auction and data protection
2.1 The participant must provide complete and correct information for the registration on the operator's online auction platform. Especially identity fraud leads immediately to the blocking of the participant's account. The operator is entitled to terminate the user contract without notice if the participant provides false information.
2.2 With good cause, Eugen Wahler KG can block a registered participant from submitting bids at any time, for a certain period of time or in general. This applies in particular if the participant refuses the performance of the concluded contract for no reason or if the participant never intended to perform. A registration can be deleted at any time without giving reasons. All registered data will then be permanently deleted unless they are required for an ongoing bidding process or the processing of an already concluded contract. In this case the data will be deleted when the data is not required any more.
2.3 The participants password for the account is confidential. It must not be passed on to third parties and it must be protected against misuse. If a participant culpably causes a misuse of his password he is liable to Eugen Wahler KG for all damages that arise from the misuse. Liability also includes indemnification from third party claims against Eugen Wahler KG. If the registered participant becomes aware of the misuse or loss of his access data, he must inform the operator or Eugen Wahler KG immediately by telephone so that the access can be blocked.
2.4 Participants can terminate the contract for the use of the platform at any time without giving cause. The operator or Eugen Wahler KG then immediately deactivates the access to this account. Auctions that have not been completed and in which the respective participant has submitted a bid will still be completed accordingly.
2.5 Eugen Wahler KG collects and stores the participant's IP address and the data necessary for business transactions. When processing the participant's personal data the statutory provisions are observed. The data may only be passed on to the exhibitor of the purchased horse and vicarious agents of Eugen Wahler KG. Upon request, the participant receives information about his stored personal data at any time.
3. Auction
3.1 During the auction the offered horses will be presented under the saddle and in exceptions at hand and this will potentially be shown simultaneously online at the auction platform. The horses are offered in euros. The starting bid for the each horse is € 10,000.00 (ten thousand euros). Only higher bids in increments of at least € 500.00 (five hundred euros) will be accepted. A bid expires with the submission of a higher bid. Until then the bidder is bound by his bid. Incoming bids are recorded and taken into account according to their time of entry.
Participants bid at their own risk. Eugen Wahler KG is not liable for any technical delays, not even for technical overload of the transmission routes.
3.2 A bid is accepted by knockdown regardless where if it was placed on site, online or over the phone. With knockdown, the bidder is buyer and the exhibitor is seller of the respective horse. The bidder is obliged to purchase the horse.
In case of doubts regarding the validity of the knockdown, which must be asserted immediately, the respective auction can be resumed and continued.
The assertion of doubts regarding the validity of the knockdown is still possible if the purchase note has already been signed. The latest moment to contest the validity is the final knockdown of the last horse in the respective auction. Only bidders of the contested auction, the auctioneer or a representative of Eugen Wahler KG can assert doubts regarding the validity of the respective knockdown. A representative of Eugen Wahler KG decides on the validity of the knockdown.
3.3 After a bid has been accepted, the buyer receives a purchase note or an email or other written notification, if the bid was placed online via the auction platform (hereinafter referred to as “notification” for all forms).
The submission of the notification is the confirmation of the already concluded purchase contract.
The notification is not an additional requirement for the conclusion of the purchase contract. If the buyer does not sign the purchase note or if he indicates during the auction that he will fail to take delivery, the respective horse can be auctioned again at the auctioneer's discretion. The previous buyer is liable to Eugen Wahler KG and the exhibitor for any loss.
3.4 With good cause and at his discretion, the operator can cancel the transmission of the auction via the platform at any time before the end of the bidding period.
In case of technical system failures, Eugen Wahler KG is entitled to end the (online) auction. Online bids already submitted expire with the notification about the ending of the online auction without replacement. Eugen Wahler KG does not need to declare this separately.
Eugen Wahler KG is not liable for damages arising from technical problems in the processing of the online auction, particularly system failures, non-receipt of bids or their rejection for technical reasons.
4. Information about the horses
4.1 The auction horses are described in the auction catalog (also online) with information on pedigree, gender, colour, age and potentially also with special family performance, photos, videos and comments (also potentially on performance). Only the information regarding pedigree, gender, colour and age are characteristics of state and subject to the buyer's claim to performance.
4.2 Further mentioned features, in particular photos and videos as well as comments on the horses are not the subject to the buyer's claim to performance. They represent a description and give a first impression of the respective horse at the time of the printing of the auction catalog and online presentation. The exhibitor or Eugen Wahler KG do not assure the special abilities of the respective horse.
Neither the exhibitor nor Eugen Wahler KG guarantee a certain quality or a certain purpose of the respective horse and any information on the horse that is not pedigree, gender, colour and age of the horse does not become part of an agreement on the legal and factual nature . It is known that further development and future performance of horses cannot be foreseen and that they depend on a large number of different factors.
4.3 The horses have been clinically and radiologically examined by independent veterinarians acting at their own responsibility. 12 x-rays of the limbs are taken from each horse: front and back toe side, in the front the image according to Oxspring, the ankle joints in two planes (approx. 45 ° and approx. 115 °), knee 90 ° . Each clinical and radiological examination will be protocolled. The protocol does not constitute characteristics of state of the horse or a contractual commitment by Eugen Wahler KG or the exhibitor, but non binding information for interested buyers.
Prior to the auction the protocols of the clinical and radiological examinations and the evaluations of the veterinarians are available to all prospective buyers, their authorized representatives and their advising veterinarians for independent information, evaluation and review.
In their own interest, prospective buyers, potentially accompanied by their own veterinarians, are advised to have the findings on the respective horse explained by the veterinarians commissioned for the auction in order to be informed about the physical and health conditions of the horse.
4.4 The horses suitability for breeding is not examined. It is not an agreed characteristic of state of the horse.
4.5 The results of the examinations by the veterinarians, their findings and evaluations are independent services of these veterinarians. The veterinarians are not vicarious agents of Eugen Wahler KG or the exhibitors, but act independently in providing advice. Eugen Wahler KG is not liable for the correctness of the findings and evaluations from the findings by the examining veterinarians.
5. Billing and payment
5.1 The knockdown prices are net prices. The buyer has to pay the exhibitor the knockdown price plus the applicable VAT.
The VAT is based on the knockdown price and it varies depending on the exhibitor's (seller) assessment as
private sale or small business according to §19 UStG (0% VAT),
flat-rate farmer (9% VAT), or commercial entrepreneur (19% VAT), as well as the respective country's individual tax rate for foreign commercial sellers.
The VAT rate for the exhibitor is declared in the auction catalogue. The exhibitors provide this information in advance and the Eugen Wahler KG is not liable for the accuracy.
Eugen Wahler KG bills for the services as the host of the online auction an auction fee based on the knockdown price price plus the statutory VAT and further costs. Eugen Wahler KG insures all offered horses in collective insurance and bills for this the amount of 1% of the sales price plus VAT
In detail, the bill is calculated as follows:
knockdown price
plus VAT (rate depending on the seller's assessment)
plus the auction fee of 6% of the knockdown price
plus 19% VAT on the auction fee (according to §12,2 UStG)
plus 1% for the insurance
plus 19% insurance tax on the insurance fee
= Billing amount
5.2 Eugen Wahler KG has been irrevocably assigned by the seller to collect the sales price as well as potentially commence a lawsuit and has accepted the assignment.The billing amount is immediately due for payment to Eugen Wahler KG without deduction upon confirmation of the conclusion of the sales contract. When paying with bank transfer, the amount has to be paid within seven working days (Saturday included) onto the bank account provided with the bill. Any additional costs and interest arising from the bank transfer are to be paid by the buyer.
In addition, buyers from abroad will be billed with any fees of the state official veterinarian for his necessary services.
5.3 If the exhibitor is commercial entrepreneur (19%) or opting farmer (19%), a sales tax refund is possible for buyers from abroad.
An invoice with German sales tax will be issued first. If the buyer proves that the horse has been brought abroad, the first invoice will be canceled and replaced by an export invoice without sales tax.
Foreign buyers who are entrepreneurs from the EU have to provide a valid VAT ID number as proof of their entrepreneurial status.
5.4 With knockdown, the respective insurance contract for the horse is transferred from Eugen Wahler KG to the buyer as legal successor. The insurance premium is settled with the auction bill.
5.5 The seller reserves the ownership of the horse according to § 449 BGB until the invoice and potential other costs accrued have been paid fully to Eugen Wahler KG.
5.6 If the buyer does not pay the billing amount within 7 working days (including Saturday) after the end of the auction, the seller can withdraw from the sales contract and sell the horse elsewhere. Eugen Wahler KG and the seller reserve their right to claim damages - for example in the event of a shortfall in proceeds.
5.7 The buyer can only offset his own payment claims against claims of Eugen Wahler KG if his claims have been legally established, are undisputed or are recognized by Eugen Wahler KG. The buyer can only exercise a right of retention if his counterclaim is based on the same contract.
6. Liability and Statute of Limitations
6.1 Liability of the exhibitor
a) The exhibitor is only liable for defects of the quality of the horse agreed according to Section 4.1.
In particular, no liability is accepted for the horse's state of health. If the exhibitor is a consumer according to § 13 BGB or the buyer and exhibitor are entrepreneurs according to § 14 BGB the liability of the exhibitor for any warranty rights and material defects, in particular for reduction is limited according to the following regulations:
b) In the event of liability, the exhibitor is primarily entitled to subsequent performance. If the rectification of defects is unreasonable or impossible, the exhibitor is entitled to make subsequent deliveries. The subsequent performance is limited if, according to an respective expert opinion from the University of Veterinary Medicine Hanover the cure of an illness cannot be expected within six months of treatment. The survey of the University of Veterinary Medicine Hanover is binding for both parties.
c) If the buyer effectively withdraws from the purchase contract, the exhibitor (seller) owes the repayment of the purchase price concurrently against restitution of the horse. In addition, the exhibitor owes the reimbursement for necessary costs as for feeding and livery, blacksmithing and veterinary services. The cost of livery is accepted as necessary up to € 7.00 per day. The exhibitor reimburses the costs of return transport within Germany with € 0.50 per kilometre traveled. If the buyer takes the horse abroad, he pays the costs of the return transport to the German border. The exhibitor is not liable for any other costs.
d) The buyer's claims for damages are limited to the claims listed below: Costs for transport from the auction stable to the buyer's stable within Germany, necessary livery and feed costs, costs of the veterinary examination, blacksmith costs and other necessary costs for veterinary services.
e) The right of the exhibitor to claim benefits and/or compensation for the benefits drawn, consumption, sale, encumbrance, processing, deterioration or destruction of the horse remain unaffected by the above regulations.
f) This exclusion and limitation of liability does not apply to personal injury resulting from damages to life, body or health based on negligence or wilful breach of duty by the Eugen Wahler KG, his legal representative or vicarious agent.
The exclusion of liability also does not apply to other damages than personal injury caused by an act of gross negligence or wilful breach of duty by the seller, his legal representative or vicarious agent.
The exclusions of liability also do not apply to damage based on a slightly negligent breach of essential contractual obligations (cardinal obligations) on the part of the exhibitor, but the amount is limited to the damage that is foreseeable and typical for the contract at the time of the conclusion of the contract.
6.2 Liability of Eugen Wahler KG
a) Eugen Wahler KG is not liable for claims arising from the arbitrated sales contract except for the provision in section 6.2.c.
b) The operator is solely responsible for the online platform. Despite carefully controlling the content, Eugen Wahler KG is not liable for the course of the online auction as well as the implementation of the respective content on the external online platform. Eugen Wahler KG is not liable for damages due to technical problems during the conduct of the online auction, system failures, non-receipt of bids or their rejection for technical reasons.
c) This exclusion of liability does not apply to personal injury resulting from damages to life, body or health based on negligence or wilful breach of duty by Eugen Wahler KG, his legal representative or vicarious agent.
The exclusion of liability also does not apply to other damages than personal injury caused by an act of gross negligence or wilful breach of duty by the seller, his legal representative or vicarious agent. The exclusions of liability also do not apply to damage based on a slightly negligent breach of essential contractual obligations (cardinal obligations) on the part of the exhibitor, but the amount is limited to the damage that is foreseeable and typical for the contract at the time of the conclusion of the contract.
6.3 Statute of Limitations
- Claims of the buyer against the exhibitor and/or against Eugen Wahler KG based on defects or damages expire after eight weeks from the transfer of risk. This does not apply if the buyer is a consumer according to § 13 BGB and the exhibitor is an entrepreneur according to § 14 BGB. In this case the limitation period is two years from the transfer of risk.
- The above limitations of liability and the statute of limitations do not include claims for damages arising from injury to life, limb or health based on a negligent breach of duty by the exhibitor or Eugen Wahler KG or an intentional or negligent breach of duty by a legal representative or vicarious agent of the exhibitor or Eugen Wahler KG.
- Other claims of damage based on a grossly negligent breach of duty by the exhibitor or Eugen Wahler KG or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent are excluded as well.
7. Acceptance and transfer of risk
With the knockdown the purchase contract for the respective horse is concluded. The knockdown also replaces the handover. With the knockdown, the risk according to § 446 BGB passes to the buyer, even if the horse initially remains in the custody of Eugen Wahler KG or the exhibitor. This also applies if the exhibitor initially remains conditional owner of the horse.
8. Changes, copyright, applicable law, place of jurisdiction and severability clause
8.1 Eugen Wahler KG reserves the right to changes in the course of the online auction.
8.2 The property rights and copyrights are reserved for all images, videos, drawings, descriptions and other documents used for the auction. Sharing them with third parties needs the advanced written consent of Eugen Wahler KG.
8.3 German law applies to the auction and all concluded sales contracts. The terms and conditions of the auction are available in German and English. In case of contradictions, the German version alone applies. When interpretations of the English version are needed, the German version is primarily to be used.
8.4 Place of fulfilment is Bad Bevensen and place of jurisdiction is Uelzen. If the buyer is not a merchant, according to §38 Abs. 3 No. 2 ZPO this agreement on the place of jurisdiction is only valid if the buyer moves his place of residence from Germany to another country after the conclusion of the contract or if the place of his residence or habitual residence is not known at the time a legal action was brought forward.
8.5 Eugen Wahler KG reserves the right to change or add to these auction terms and conditions for the future. Should individual clauses of these auction terms and conditions are or become ineffective or unfeasible, the validity of the sales contract itself remains unaffected. The ineffective or unfeasible clause is replaced by provisions that come close to the intent of the unfeasible provision.
