Conditions of the „Foal-Online auction of Ponyforum GmbH“
during 20.05. to 02.06.2020
Ponyforum GmbH (hereinafter also referred to as the "Organiser") will have sport ponies offered for sale via an online platform in the name and for the account of the exhibitor during the above-mentioned period, so-called "online auction". The Exhibitor warrants that he is the authorized owner of the sports pony.
The sale of the pony is concluded directly between the exhibitor as seller and the successful bidder as buyer. It is a contract of sale in terms of §§ 433 ff. BGB, which does not come about through a public auction in the sense of § 383 Abs. 3 BGB.
The exhibitor accepts these conditions of the "Online Auction" already with the registration of the pony. By participating in the bidding process, the bidder, hereinafter also referred to as participant, accepts the conditions of the "Online Auction". In the event of a successful bidding process, a contract of sale is only concluded between the exhibitor and the buyer.
B. Participation, bids, conclusion of the contract
I. The ponies will be sold in Euro. Only offers to the last bidder with an increase of at least 200.00 € will be accepted. From a price of 5.000,00 € the increase will be 500,00 €.
II. The final prices are gross. The value added tax included therein varies according to the tax assessment of the seller. To the final price the extra charges such as insurance, sales fee etc. mentioned under letter C are added.
III. Only legal entities and natural persons with unlimited legal capacity may participate in the "online auction". Minors are excluded from participation.
IV. Participation contract by registration
1. Every participant has to register with the organizer by sending a registration form. Through this a participation contract with the organizer is concluded. Only one account can be assigned to each participant. There is no right of participation.
2. The participant has to give his real name and his correct address at the registration. Likewise he has to indicate whether he is a consumer in the sense of § 13 BGB or an entrepreneur in the sense of § 14 BGB. Should a participant provide incorrect information, the participation contract can be terminated without notice. The organizer as well as any vicarious agents commissioned by the organizer to carry out the online auction are also entitled to store the participant's IP address.
3 The participant can terminate the participation contract at any time. His or her access and password will then be deactivated at the end of the auction. An "Online Auction" not yet completed at this point in time, in which the cancelling participant has placed a bid, will nevertheless be completed in accordance with the contract.
4. The organizer is entitled to terminate the participation contract without notice for good cause. This applies in particular if the participant refuses without reason to fulfil the contract concluded by way of the auction or never intended to fulfil it.
The organizer is entitled to exclude the participant from further events.
V. Access by password
1 With the registration, the participant is given the opportunity to create a password which enables him to access the online platform and participate in the online auction by submitting bids.
2 The participant must keep his password confidential and secure it against unauthorized access by third parties. This also applies to family members. He may only pass on his password to persons who are authorized to bid in his name and on his account.
3. The participant is responsible for the actions carried out under his account in the event of culpable loss of access data and if third parties become aware of the data through his fault. He must indemnify the organizer from any damages that may arise.
4. If the participant loses his access data or if he becomes aware of an abuse of his account, he has to inform the organizer immediately. New access data will then be assigned to him.
VI. Accessibility of the server
1. The organizer guarantees a technical accessibility of the auction site of 95%.
2. In the case of longer downtimes and if the server is down at the time of an auction end, the auction time of the affected auctions can be extended by the organizer. The time of the extension will be determined by the Organiser at his reasonable discretion, taking into account the interests of both seller and bidders.
VII. Minimum selling price
1. The pony is placed on the online platform with a starting bid (= starting price) at the beginning of the online auction.
2. There is no official, visible minimum sale price. This means that the highest bidder at the end of the auction is the one who wins.
VIII. Contract, warranty
1. The organiser is not a party to the contract of sale between the seller and the highest bidder which has come into being as a result of the highest bid
2. The organizer does not assume any liability for the correctness of the information and declarations of the participants, in particular with regard to their person as well as their ability and willingness to pay. There is no verification of identity and creditworthiness. Likewise, the organizer shall not be liable for the auctioned foal, its freedom from defects or possible lack of qualities due to his own legal obligation.
IX. Bids / Buy now
1. There is the possibility of Buy Now purchase. The interest in the Buy Now purchase is announced by mail. All contact details must be given and an offer price for the pony in question must be submitted. The registration of the interest in the Buy Now purchase does not commit you to anything. Rather, it is negotiated between the sales manager, the interested party and the previous bidder whether the persons involved can agree on a purchase with the offered price. If a contract of sale is concluded, the pony in question will be marked as sold and blocked for further auction or removed from the auction site.
2. A bid expires with the submission of a higher bid. Until then the bidder is bound to his bid.
3. The contract for the purchase of the pony between the exhibitor and the highest bidder is concluded upon expiry of the auction period (also referred to as "hammer"). The organizer is not responsible for delays due to technical reasons - even if the transmission paths are overloaded.
4. If the highest bid at the end of the auction turns out to be invalid, the next lower bid will not win the auction either. In this case, the organizer can resume the "auction" and determine a new auction end. In this case, the starting price is to be set at the highest effective bid up to that point.
5. During the bidding phase, bids of different amounts can be submitted. Up to a purchase price of € 10,000, the price increases by at least € 200 in each case, and from a purchase price of over € 10,000 by at least € 500 in each case (hereinafter referred to as "increments"). Higher bids may also be placed, but these must be a multiple of the increment (e.g. €400, €600, €800, etc., from €5,000 corresponding to €1000, €1500, etc.). Incoming bids are prioritized strictly according to the time of their receipt. If at the end of the auction there are two or more identical highest bids, the bid received first will win the auction. All times are determined by the system time of the server.
6. If a highest bid has been placed, the participant will receive an e-mail confirming his bid and informing him of the amount he is currently the highest bidder. As soon as the highest bid has been outbid, the participant will immediately receive another e-mail informing him/her that he/she has been outbid.
7. By means of a countdown, the remaining time until the end of the respective auction for the lot (horse to be auctioned) is shown in the upper part of the offer. In the last five minutes before the final end of the auction of a lot, each bidding activity extends the countdown by five minutes, so that after a bid is placed until the final end of the auction, the countdown is again five minutes. If no more bids are placed during this time, the auction ends. An extension of the closing time for a previous lot does not result in an extension for the following lot.
X. Storage, publication
1. The contract text is stored by the organizer after the conclusion of the contract and is accessible to the buyer in his customer account. The organizer collects and processes user data exclusively for the purpose of conducting the auctions.
2. The publication of the respective bids during the individual auctions takes place without mentioning the name of the participating bidder with his bidder identification. Only the data of the highest bidder will be passed on to the exhibitor after the end of the auction.
C. Accounting, payment, transfer of ownership
I. The final prices are gross prices. The buyer owes the seller/exhibitor the knocked down bid (= final price). Depending on the exhibitor, this may or may not include value added tax.
II. Ponyforum GmbH charges the purchaser a sales fee of 6 % of the final price (net) plus 19 % VAT for its mediation.
III. Ponyforum GmbH has agreed upon an obligatory insurance for the pony to be auctioned at the R+V (see E.) and charges the purchaser an amount of 1.35% of the gross price plus 19% insurance tax.
IV. Against this background, the settlement amount to be paid by the buyer is calculated as follows:
1. Invoice item: hammer price
2. Invoice item: 6 % agency fee of the hammer price
+ 16 % Sales tax (of the agency fee to be paid)
3. invoice item: 1,6 % Insurance
= settlement amount
Price example with hammer price of 10.000,00 EUR
6.0 % Buyer's commission 600,00 EUR
Thereupon 16 % VAT 96,00 EUR
1.6 % Insurance 160,00 EUR
Total price to pay 10.856,00 EUR
V. The settlement amount is irrevocably assigned by the exhibitor to Ponyforum GmbH for collection.
VI. The settlement amount is due for payment immediately after the auction ends. Payment must be made either by cheque or by bank transfer to the account of Ponyforum GmbH.
VII The exhibitor reserves the right of ownership of the respective pony until the full payment of the settlement amount to Ponyforum GmbH in accordance with § 449 BGB. In the case of payment by cheque or bank transfer, the transfer of ownership takes place at the time of the unconditional crediting of the settlement amount to the account of Ponyforum GmbH.
VIII. If the purchaser does not pay the settlement amount within 5 working days (including Saturday) after receipt of the invoice, the seller can withdraw from the sales contract and sell the pony otherwise. The first buyer is liable for any reduced proceeds and is also liable for damages to the organiser.
IX. The exhibitor irrevocably assigns to Ponyforum GmbH the right to take legal action to assert the sales price. The risk of a legal dispute is borne solely by the exhibitor.
D. Acceptance and transfer of risk
I. After the auction the foals remain with the seller until they are 6 months old. An earlier acceptance of the foal by the buyer is possible in agreement with the seller. At the request of the buyer, the exhibitor undertakes to leave the foal in his rearing and care until November 1st of the year of purchase. Basically the buyer is obliged to collect the foal from the seller. If buyer and seller cannot agree, the foal must be handed over at the marketing base in Marsberg-Erlinghausen. Appropriate dates will be announced or negotiated.
II. the risk of accidental deterioration or destruction is transferred to the buyer with the acceptance of the bid. The exhibitor shall bear all running costs, including blacksmith and veterinarian, until acceptance.
Each pony is insured with the knockdown until 30.11.2020 for death, emergency killing and permanent unusability and is to be borne by the buyer. The insurance fee of 1.6% of the hammer price is due together with the hammer price (see point C).
The insurance can be prolonged for direct connection of the expiry date without waiting period and without new examinations. The extension must be applied for informally within the eight-week period.
F. Cancellation policy
1. Right of withdrawal
The buyer, if he is a consumer, is entitled to the right of revocation according to § 355 BGB, if the seller is an entrepreneur, according to § 312 g BGB. The buyer then has the right to cancel the contract within fourteen days without giving reasons.
The revocation period begins on the day on which the buyer or a third party named by him, who is not the carrier, has taken possession of the pony.
To exercise the right of withdrawal, the buyer must either the seller or
the Ponyforum GmbH, Ortsstr. 29, 67808 Schönborn Fax: 06361- 3691, Email: [email protected]
by means of a clear statement (e.g. a letter, fax or e-mail sent by post) about his decision to revoke the contract. For this purpose, the attached sample revocation form can be used, but this is not mandatory.
Ponyforum GmbH acts as the receiving agent of the seller.
In order to comply with the revocation period, it is sufficient that the purchaser sends the notification of the exercise of the right of revocation before the end of the revocation period.
1 Model for the withdrawal form
Annex 2 to Art 246a § 1 II 1 No 1 and § 2 II No 2 EGBGB
(If you want to cancel the contract, please fill out this form and send it back). -•
To [insert here the name, address and, where appropriate, the fax number and e-mail address of the operator by the operator]:
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only for paper notification) Date
* Delete as appropriate.
G. Quality agreement
The following described characteristics of the pony are agreed between buyer and exhibitor:
1. The information published on the auction site regarding pedigree and age as well as gender and colour
2. The physical condition as shown in the protocol of the specialized veterinary examination. This protocol represents the physical condition at the time of the auction. Any further written or oral statements by the veterinarian or by representatives of the organizer are not part of the agreement on condition.
The specialist veterinary protocol is available for inspection on the auction site.
H. Debt assumption. Liability, Statute of Limitations
I. Warranty claims of the purchaser from the sale are to be addressed to Ponyforum GmbH, Ortsstr. 29, 67808 Schönborn. The seller has agreed with Ponyforum GmbH on a debt-discharging assumption of debt in the sense of § 415 BGB with regard to the warranty claims of the purchaser. With his bid, the buyer agrees to this debt assumption.
Ponyforum GmbH has to inform the exhibitor immediately of a notice of defect.
II. Claims due to defects or other claims for damages become statute-barred after the transfer of risk - if the seller is an entrepreneur (§ 14 BGB) and the buyer is a consumer (§ 13 BGB) after two years and - in all other cases after one year.
III. The above limitations of liability do not apply to claims for damages resulting from injury to life, body or health, which are based on at least a negligent breach of duty by the seller or Ponyforum GmbH or an intentional or negligent breach of duty by a legal representative or a vicarious agent of the seller.
Furthermore, all limitations of liability do not apply to other damages that are based on at least grossly negligent breach of duty by the seller or Ponyforum GmbH, or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the seller or Ponyforum GmbH.
I. Applicable law, place of jurisdiction and severability clause
I. German law shall apply to the exclusion of the UN Sales Convention.
II. Place of jurisdiction for all disputes arising from the contractual relationship between the purchaser and the organiser, Ponyforum GmbH, is the organiser's registered office, if the purchaser is a merchant, a legal entity under public law or a special fund under public law or if the purchaser does not have a general place of jurisdiction in Germany.
III. If individual regulations or parts thereof are or become ineffective, the effectiveness of the remaining regulations shall not be affected.