1. General - Scope of Application
We, Gestüt Tannenhof, Klaus C. Plönzke, Am Sonenberg 6, D-65321 Heidenrod-Watzelhain, Value Added Tax ID No. DE 18 2432 805 (hereinafter also referred to as the organiser), operate the auction of horses of the suppliers on the Internet (here also referred to as Internet auction) in our own name and possibly also on behalf of third parties. As the organizer, we, the organizer, base the purchase contract with the buyer as well as the legal relationship with the bidder (also referred to as user or customer only) or the breeder on these online auction conditions (hereinafter also referred to as GTC only).
Our General Terms and Conditions apply exclusively; we do not recognise any terms and conditions that contradict or deviate from our General Terms and Conditions unless we have expressly agreed to their validity in writing. Our General Terms and Conditions shall also apply even if we carry out the delivery without reservation in the knowledge that the purchaser's terms and conditions contradict or deviate from our General Terms and Conditions.
All agreements made between us and the purchaser for the purpose of executing a concluded contract are set out in these General Terms and Conditions.
We reserve the property rights and copyrights to illustrations, videos, drawings, descriptions and other documents used by us for the auction. Before passing them on to third parties, the buyer, the bidder and any third party require our express written consent.
Our General Terms and Conditions shall apply in principle in the same way to companies (§ 14 BGB) and to consumers (§ 13 BGB), unless their validity is expressly restricted in their scope of application with regard to individual clauses.
2. Design and Processing of the Online Auction
2.1 Login (registration) and user account
Only those natural or legal persons who have registered with the organizer are permitted to participate in an internet auction. When opening the registration, all questions asked by the Organiser in the registration form must be answered properly and correctly and any copies required must be enclosed. A registration can be deleted at any time without stating reasons in the section "Deletion of my registration" provided on our internet platform; in this case all registered data will be deleted permanently, unless they are required for an ongoing bidding procedure or the processing of an already completed purchase. In this case, the data will only be deleted when it is definitively excluded that the data is still needed. In all other respects reference is made to No. 9 of these GTC.
Representation and legal capacity
(a) Natural persons can only register for use if they are of full age and have unlimited legal capacity.
(b) Natural persons authorised to represent a legal person must be identified by name.
(c) Registered users receive a password. Every user is obliged to keep the password secret.
2.2 Procedure of the Internet Auction
(a) The respective internet auction begins with an offer placed by the organizer on the platform on the internet. This is a declaration of intent by the organizer to conclude a sales contract. In the offer, the bidding period is also defined by the indication "end of auction". This offer cannot be accepted by a simple "yes", but is a declaration of acceptance of the highest bid. The organizer only accepts the highest bid that is effectively made by a bidder within the stated bidding time according to the conditions of these General Terms and Conditions.
(b) Bids can only be submitted via the mask for registered bidders installed on the platform and only online. Bids submitted by other means will not be considered, even if they reach the organizer during the bidding period. Bids for which the bidder has not declared that he agrees with the validity of these General Terms and Conditions for his specific bid and has taken note of the cancellation policy will not be accepted either. Bids submitted until the end of the auction, which are submitted for the registered user under "Bid" in accordance with these GTC, only participate in the auction if they have been received by the organizer by the end of the auction. The transmission is at the risk of the bidder.
(c) Before a bid is submitted, the content of the bid, including the customer data, is summarized on an overview page. There, the bidder can correct his bid using the change fields provided. By clicking on the button "Submit Bid" the bidder submits a binding bid to the organizer for the conclusion of a purchase contract. After the bid has been submitted, the bidder receives an automatically generated e-mail from the organizer, which confirms receipt of the bid by us and reproduces its details (confirmation of receipt). This confirmation of receipt does not constitute an acceptance of contract, but only the confirmation of participation in the auction with the bid submitted. Each bid of each bidder is subject to the submission of a higher bid. The respective bidder is bound to the bid made until the end of the bidding period. Bids that are below the minimum bid do not participate in the auction, even if the organizer does not receive a higher bid by the end of the auction. The contract of sale for the auctioned horse is concluded in his own name without separate acceptance of a bid, but on his ownaccount with acceptance of the highest bid effectively submitted by the registered bidder (user or customer) at the end of the bidding period.
(d) An effective bid must be equal to the minimum bid and otherwise at least one bid increment above the previous bidder's bid. The bidding step for the horses placed in the auction is € 250.00 or € 500.00 or € 750.00 or € 1,000.00 or more. The bidder will be informed by e-mail or other suitable means on the internet platform that his bid is accepted and also if he has been outbid.
All stated bids are subject to the applicable sales tax (currently 19%).
(e) Notification of the conclusion of the contract: The bidder who has submitted the highest effective bid at the end of the auction will be notified of this by e-mail or otherwise on a permanent data carrier in text form. The receipt of the notification is the confirmation of the already concluded purchase contract and not an additional condition for its conclusion. Bidders who have not submitted the highest bid will not be notified. The highest bid is merely stated anonymously on the platform immediately after expiry of the bidding period. Pursuant to § 312 f BGB, the notification to the purchaser includes a confirmation of the contract in which the content of the contract is reproduced and contains the information required under Article 246 a of the Introductory Act to the German Civil Code (Einführungsgesetz zum Bürgerlichen Gesetzbuch), including the revocation instructions.
(f) We are entitled, at our discretion, to block registered bidders for individual auctions of individual items or for a certain period of time or in general, and thus to exclude them from participating in auctions on a limited or unlimited basis. This is only permissible if there is good cause to believe that the continuation of a legal relationship with the blocked person is no longer reasonable for us.
(g) The organizer can stop an auction at any time before the end of the bidding period if he decides so at his own reasonable discretion for an objective reason. In case of system failures due to technical circumstances, the organizer is also entitled to cancel the auction. In this respect, we expressly reserve the right to revoke our respective offer placed on the Internet in accordance with 3. The decision to cancel the auction will be announced on the internet platform with a keyword indication of the reason. The bids already submitted expire without replacement upon notification. This reservation to the revocation of our offer of sale to the highest bidder expires at the end of the auction in the case of an auction carried out in accordance with the announcement and ended with the expiry of the bidding period, without the need for a separate declaration by us. Claims for damages by bidders in the event of technical problems in the handling of the Internet auction, in particular system failures, non-access to bids or their rejection for technical reasons are excluded.
(h) The organizer maintains a hotline during the running auctions, which can be reached during the time indicated on the internet platform with the charges stated there at the expense of the caller. This hotline serves only to solve processing problems and not to accept bids. Neither promises nor contractual agreements of any kind are made via the hotline.
3. Details of the Auctioned Object
The horses put up for auction on the organizer's platform are offered with the following information:
Horse name, gender, age, color, size, pictures, video, pedigree.
The above information is only a description of the object of the auction, the organizer does not guarantee a corresponding quality and the information is not part of a quality agreement with regard to the future sales contract. The size specifications are approximate values. A difference to the actual size is possible.
There is no guarantee for the breeding suitability of the horse entered. In particular, the organiser has not tested the insemination ability of stallions and the breeding ability of mares. The insemination ability or breeding ability are not an agreed condition.
The minimum bid (in Euro) for the horse placed in the Internet auction is also indicated.
The location of the horse at the time after the end of the Internet auction is with the organizer. Due to the technical and organisational handling of the Internet auction, a viewing of the horse before the conclusion of the sales contract is only possible after prior arrangement.
The horses placed in the Internet auction have been clinically examined in preparation for the Internet auction. In addition, all 2-year-old and older horses have been x-rayed. X-ray images of the following standard projections were made:
Toe front both sides 90°, hoof front both sides 90° and hoof front both sides 0° to Oxspring
Toe back both sides 90°, ankle joint both sides 0°, ca. 45°, ca. 135°
Knee on both sides approx. 90° and 180
A veterinary examination protocol has been prepared about the clinical examination carried out, which can be viewed by registered customers via a link on the horse entered in the auction. The bidder is advised to have the veterinary examination protocol interpreted by his own veterinarian at his own expense. The latter can request the x-rays from the producing veterinarian at the bidder's expense. The bidder is strongly recommended to make use of this possibility to be informed about the health condition of the respective horse in his own interest. He cannot place a bid until he has declared that he has been informed of the possibility to inspect the produced examination documents for the clinical examination and the x-rays. The result in the form of objective findings of the written and viewable examination protocol relating exclusively to the clinical examination as well as the condition visible on the x-rays is a description of the health condition of the horse placed in the Internet auction, but does not constitute an agreement on the condition of the horse within the meaning of § 434 BGB.
Furthermore, the minimum bid in EURO for the horse put up for auction on the Internet is indicated. The location of the horse during the auction and at the time after the end of the auction is with the organizer.
4. Prices and Terms of Payment
All stated prices and bids are subject to the applicable value added tax (currently 19%). This will be shown separately on the invoices. The settlement amount is calculated as follows:
= net amount
+ Value added tax according to the value added tax law (19%)
+ insurance fee
= settlement amount
With the confirmation of the conclusion of the purchase contract, the bidder receives the invoice with the price and VAT.
The deduction of a discount is not permitted.
The purchase price is due immediately and without deduction upon confirmation of the conclusion of the purchase contract. The legal regulations regarding the consequences of default of payment apply. The transfer of the auctioned horse to the buyer or to the carrier is only effected after payment of the purchase price. It is expressly pointed out that according to the following paragraph (8), additional stall costs may be incurred even if payment is made in due time.
The purchaser shall only be entitled to offsetting rights if his counterclaims have been legally established, are undisputed or have been recognised by us. The purchaser shall only be entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
4.1 Collection of the horse / place of performance / transfer of risk
In principle, the bidding prices apply ex location of the horse when the buyer collects the horse himself. The specified location is the place of performance agreed upon according to the concluded contract.
The auctioned horse will not be shipped even if the buyer so desires. We are, however, prepared to name several forwarding agents with contact details for selection without obligation upon request, who will take over the transport on behalf and for the account of the buyer against payment as a favourable standard delivery.
Upon conclusion of the purchase contract, the risk within the meaning of § 446 BGB passes to the buyer, even if the horse initially remains in the custody of the organizer or vendor.
The auctioned horse must be collected by the buyer within a period of 3 working days without Saturday after the purchase at the location Zug um Zug against payment of the purchase price or against advance payment and will be stored and cared for by the organizer until then free of charge. From the 4th working day without Saturday, we charge an amount of € 10.00 plus VAT per calendar day for the safekeeping and care of the auctioned horse, notwithstanding the continuing obligation to collect the horse.
5. Defect Rights
In the event of a defect in the auctioned horse, the statutory provisions shall apply in principle - with the exception of the claim for damages. For claims for damages due to a defect of the horse, the regulations of liability and limitation of damages mentioned in paragraph 6 apply.
6. Liability and Limitation of Damages
(a) The Seller shall be liable in accordance with the statutory provisions if the Customer asserts claims for damages based on intent or gross negligence, including intent or gross negligence on the part of its representatives or vicarious agents. Insofar as the Seller is not accused of intentional breach of contract, the liability for damages is limited to the foreseeable, typically occurring damage.
(b) The Seller shall be liable in accordance with the statutory provisions if he culpably breaches a material contractual obligation; in this case too, however, liability for damages shall be limited to the foreseeable, typically occurring damage.
An essential contractual obligation exists if the breach of duty refers to an obligation on the fulfilment of which the customer has relied and was entitled to rely
(c) Insofar as the customer is otherwise entitled to compensation for damages instead of performance due to a negligent breach of duty, the liability of the seller is limited to compensation for foreseeable, typically occurring damages.
(d) Liability for culpable injury to life, body or health remains unaffected; this also applies to mandatory liability under the Product Liability Act.
(e) Any further liability for damages beyond that provided for above is excluded, regardless of the legal nature of the claim asserted. This applies in particular to claims for damages arising from culpa in contrahendo, other breaches of duty or tortious claims for compensation for property damage in accordance with § 823 BGB.
(f) The limitation according to paragraph (e) shall also apply if the customer demands compensation for useless expenses instead of a claim for damages.
(g) Insofar as the Seller's liability for damages is excluded or limited, this shall also apply with regard to the personal liability for damages of its employees, workers, staff, representatives and vicarious agents.
7. Retention of Title
Ownership of the auctioned horses is transferred to the buyer only after full payment of the purchase price including insurance fee and VAT. The transfer of ownership remains reserved until all due claims from the business relationship have been paid.
Prior to the transfer of ownership, pledging, transfer by way of security, processing or redesigning is not permitted without the consent of the organizer or seller.
8. Statute of Limitations, Obligations to Inspect and Give Notice of Defects
The period of limitation for claims for defects, including claims for damages, is 12 months, calculated from the statutory commencement of the limitation period. This does not apply to the claims described in § 437 BGB if the purchaser is a consumer and the purchased horse is not to be valued as a used item within the meaning of § 475 Para. 2 BGB. In this case the period of limitation is 2 years.
If the purchaser is an entrepreneur within the meaning of § 310 Para. 1 BGB, the purchaser's claims for defects require that the purchaser has properly fulfilled his obligations to inspect and notify defects in accordance with § 377 HGB
9. Place of Jurisdiction - Place of Performance - Data Protection
Insofar as the customer is a merchant and the business relationship in dispute is attributable to the operation of his commercial business, our registered office shall be the place of jurisdiction; however, we shall also be entitled to sue the customer at the court of his place of residence. All rights and obligations arising from and in connection with the contractual relationship shall be governed by non-uniform German law, namely the law of the BGB/HGB. The application of the UN Convention on Contracts for the International Sale of Goods (CISG: United Nations Convention on Contracts for the International Sale of Goods of 11.04.1980) is excluded.
We collect and store the data of the customer necessary for the business transaction. When processing the personal data of the customer, we observe the legal regulations. Further details can be found in the data protection declaration available in our online offer. On request, the customer will receive information at any time about the personal data stored about him.
10. Final Provisions
(a) These General Terms and Conditions are available in German and English. In the event of any contradiction, the German version alone shall apply; in the event of any interpretation, the German version shall also be primarily used and decisive for the interpretation of the English version.
(b) The organizer reserves the right to change or amend these Internet Auction Conditions for the future. The admitted bidders will be informed separately by e-mail of any changes or amendments to these conditions during ongoing auctions. The amended or supplemented terms and conditions shall only apply if the bidder submits a new bid after receiving the notification.
(c) The EU Commission has provided a platform for online dispute resolution (so-called "OS Platform"). The OS platform is intended to serve the extrajudicial settlement of disputes arising from online contracts. The OS Platform can be accessed via the following link: http:://ec.europa.eu/consumers/odr.
Pursuant to § 36 VSBG we hereby inform you that we are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
(d) Should individual provisions of these General Terms and Conditions be or become invalid or unenforceable, the validity of the remainder of the contract shall remain unaffected. 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.