31. Herbstauktion

90 1. General 1.1 Eugen Wahler KG, Zum Klosterhof 8, 29549 Bad Bevensen (hereinafter: ‚Eugen Wahler KG‘) -acting as broker- hosts public auctions for the foals of her customers (hereinafter: ‚exhibitors‘). The auctions take place as a public sale at auction at the pre- mises 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 operator 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 foals 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 During the auction the foal is presented with their hand-held mother. The presentation of the foals may be broadcasted at the online auction platform. Bids shall be made in Euros. The foals are offered for a minimum of 4,000.00 Euros. Only overbids in increments of at least 300.00 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. 2.3 The validity of online bids as well as their outbidding are confirmed through email or other suitable means on the online auction platform. 2.4 With knockdown the bidder becomes buyer and the exhibi- tor becomes seller of the respective foal. The offer of the bidder, regardless if it was made on the premises, online or by phone, is accepted through knockdown. The auction of a foal 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 possi- ble even if the sales confirmation note has been signed but no later than the final knockdown of the last foal. Doubts about the validity of the knockdown can only be declared by a respective bidder, the auctioneer or a representative of Eugen Wahler KG. Eugen Wahler KG assigns an arbitrator to decide these cases. 2.5 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 foal, the auctioneer is free to decide to auction off the foal 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 compensation for cost and tax. Eugen Wahler KG insures all foals in a group insurance and receives 1% of the knockdown price plus VAT as compensation. The bill for an auctioned foal accordingly consists of the fol- lowing: 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 bil- led for the fee of the state veterinarian. In the case of a commer- cial 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 foal 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 foal accor- ding 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 Foals 4.1 In the auction catalogue the characteristics of state of all foals are described, regarding pedigree, sex, colour, age and, Terms of sale