31. Herbstauktion

86 Terms of sale 1. General 1.1 Eugen Wahler KG, Zum Klosterhof 8, 29549 Bad Bevensen (herein- after: ‚Eugen Wahler KG‘) -acting as broker- hosts public auctions for the horses of her customers (hereinafter: ‚exhibitors‘). The auctions take place as a public sale at auction at the premises of Klosterhof Medingen and -when indicated- parallelly online at the auction platform of a third party (hereinafter: ‚operator‘). 1.2 In case of an online auction, interested parties can register as user on the online auction platform. The terms and conditions of the ope- rator of the online auction platform apply. The operator provides only the technical infrastructure. He will be contractual partner only for the use of the online platform. The operator will not be contractual partner for the sales contracts concluded in the auction. 2. Auction 2.1 At the auction the horses are sold, which are listed in the auction catalogue, unless they are struck off. They are sold in the name and for the account of the exhibitors. The auction is a public auction according to §§ 383 Abs. 3 S.1 1, 474 Abs. 2 S. 2 and 312g Abs. 2 No. 10 BGB. Everybody can buy an admission ticket while stocks last. With the purchase of an admission ticket and/or the registration on the online auction platform these terms and conditions are accepted by the ticket holder and/or platform user. 2.2 The horses are sold as used goods in the legal sense. The pro- visions for the sale of consumer goods (§§474ff BGB) do not apply. 2.3 During the auction the horse is presented under a rider or, in exceptional cases, they are hand-held. The presentation of the hor- ses may be broadcasted at the online auction platform. Bids shall be made in Euros. The horses are offered for a minimum of 10,000.00 Euros. Only overbids in increments of at least 500.00 Euros are accepted. A bid expires with a valid submission of a higher bid. Until then the participant is bound to his bid. Incoming bids are recorded and factored in in their chronological order. The transmission of the bid is at the risk of the participant. Eugen Wahler KG is not liable for technical delay, not even in case of capacity overload at the online auction platform. 2.4 The validity of online bids as well as their outbidding are confir- med through email or other suitable means on the online auction platform. 2.5 The offer of the bidder, regardless if it was made on the premises, online or by phone, is accepted through knockdown. With knock- down the bidder becomes buyer and the exhibitor becomes seller of the respective horse. The auction of a horse can be restarted if doubts about the validity of the knockdown are declared. Doubts about the validity of the knockdown have to be declared immediately, but are still possible even if the sales confirmation note has been signed but no later than the final knockdown of the last horse. Doubts about the validity of the knockdown can only be declared by a respective bidder, the auctione- er or a representative of Eugen Wahler KG. Eugen Wahler KG assigns an arbitrator to decide these cases. 2.6 After knockdown the buyer receives a confirmation note if he is on the premises or an email or other written confirmation if he was bidding online (hereinafter for all forms: confirmation note). The issuing of the confirmation note is the confirmation of the already concluded sales contract. The confirmation note is not an additional requirement for concluding the sales contract. If the buyer does not sign the confirmation note or declares during the auction that he will not accept the horse, the auctioneer is free to decide to auction off the horse again. The first buyer can be hold liable for the difference of the first sales price and the potentially lower second price by the exhibitor and Eugen Wahler KG. 2.7 At his own discretion, the operator can end the transmission of the auction on his platform before the end of the bidding time if there is a good cause. In case of a system failure based on technical difficulties, Eugen Wahler KG can end the auction as well. In this case, online bids expire without further notice. 3. Billing 3.1 All knockdown prices do not include VAT. The buyer has to pay the knockdown price plus VAT. The hight of the VAT depends on the knockdown price and on the nature of the exhibitor. The individual VAT rate of the exhibitor as private owner according to §19 UStG is 0%, for farmers with a flat tax rate it is 10.7% and for commercial seller it is 16% . The general VAT rate or the individual tax rate of a foreign sellers from the EU is listed in the pedigree of the horse next to the name of the exhibitor. The exhibitor provides the information about his tax rate. Eugen Wahler KG is not liable for the correctness of the statement of VAT. For her services as broker Eugen Wahler KG will receive a fee depending on the knockdown price plus com- pensation for cost and tax. Eugen Wahler KG insures all horses in a group insurance and receives 1% of the knockdown price plus VAT as compensation. The bill for an auctioned horse accordingly consists of the following: knockdown price + VAT according to the status of the exhibitor (0%, 10.7%,16% or foreign tax rate); + auction fee of 6% of the knockdown price plus 16 % VAT on the auction fee (§§ 12,2 UStG); + 1% of the knockdown price for insurance plus 16% insurance tax on the insurance costs = the settlement amount. 3.2 The seller cedes the settlement amount irrevocably to Eugen Wahler KG for collection purposes. The bill is due immediately after knockdown. If the settlement amount is payed by bank transfer, it has to be transferred to the account noted on the confirmation note within seven days. Additional costs and fees have to be payed by the buyer. A foreign buyer is additionally billed for the fee of the state veterinarian. In the case of a commercial seller (16% VAT) or a farmer with a flat tax rate (10,7% VAT) a refund of the VAT is possible for foreign buyers. The firs bill including VAT can be rescinded if the buyer proves that the horse is abroad. Then a second bill without VAT will be issued. This only applies to commercial buyers from EU- countries if they can provide a valid VAT-number as proof of their entrepreneurship. 3.3 With the knockdown the respective insurance contract for the sold horse transfers from Eugen Wahler KG to the buyer as legal successor. The settlement of the insurance fee is part of the bill for the auctioned horse. 3.4 The exhibitor reserves his ownership rights to the horse according to § 449 BGB until the complete payment of the settlement bill and any further costs. 3.5 The exhibitor cedes all rights to enforce the payment legally to Eugen Wahler KG. 4. Specifics of the Horses 4.1 In the auction catalogue the characteristics of state of all horses are described, regarding pedigree, sex, colour, age and, where appli- cable, special accomplishments of the family. These details are the stipulated legal characteristics of state, which constitute the claim for performance of the buyer. Further specifics of the horse, even if they are stated in the catalogue, are not part of the sales contract. The commentary, images and videos of the horses are additional informa- tion giving a first impression of the horse at the time of printing and uploading of the auction catalogue without a guarantee. The provided information does not become part of an agreement of the legal and factual nature with regard to the future buying contract. 4.3 Current health issues and significant changes in the description of the horse will be announced by the auctioneer at the beginning