Terms and conditions

I.  General information
The stable Schütte, Meppen, owner Frank Schütte, organizes an online auction for the sale of horses. The horses are offered on behalf of the exhibitor (seller). The purchase contract (§ 433 BGB) is concluded between the exhibitor as seller and the participating bidder as buyer. By registering, the participant accepts these auction conditions.
These auction conditions apply exclusively. All agreements made between the owners of the horses and the bidders for the purpose of executing a concluded contract shall also be based on these Auction Terms and Conditions.
The distance selling law does not apply. Therefore, buyers do not have a right of withdrawal and are not informed of this.
The Auction Terms and Conditions apply in principle in the same way to entrepreneurs (Section 14 BGB) and consumers (Section 13 BGB), unless their validity is expressly restricted with regard to individual clauses in their personal or actual scope of application.
The organizer points out that he has also limited the liability for material defects for the sale by an entrepreneur to a consumer to the extent that these auction conditions also contain references to negative characteristics of the horses. This applies to the extent that the veterinarians determined veterinary findings requiring mention on the occasion of the auction approval examinations. These are documented in the veterinary reports and must be acknowledged by the bidders before submitting a bid. This means that even a buying consumer cannot derive any defect rights from the documented veterinary findings and their consequences.
In addition, the organizer points out that for the sale by an entrepreneur to a consumer, it facilitates the limitation period for claims for defects under sales law to one year. The consequence of this is that a consumer can no longer enforce his claims for defects against an entrepreneur one year after the transfer of risk (award of contract) if the entrepreneur raises the statute of limitations defense.
The property rights and copyrights to all illustrations, videos, drawings, descriptions and other documents used for the auction are reserved. Therefore, the participant, the buyer and any third party require the express written consent of the organizer before using or passing on the above-mentioned documents.
II Participation in the online auction
1. before bidding, the participant must register on the bid.saturdaysales.de website using the registration form provided there. A participation contract is concluded between the organizer and the participant, which is also based on these auction conditions. There is no right to participate. The organizer reserves the right to block a user from bidding and to revoke the registration. Each participant may only have one account.
A registration can be deleted from the bidder's profile at any time without giving reasons; in this case, all registered data will be permanently deleted, unless they are required for an ongoing bidding process or the processing of an already completed purchase. In such a case, the deletion will only take place when it can be definitively ruled out that the data is still required.
2. when registering, the participant must provide complete and correct personal details. They must also state whether they are a consumer within the meaning of Section 13 BGB or an entrepreneur within the meaning of Section 14 BGB.
Incorrect information entitles the organizer to terminate the participation contract without notice.
3. participants may be natural persons or legal entities. Natural persons may only register for use if they are of legal age and have unlimited legal capacity.
Legal entities must name the natural persons authorized to represent them, e.g. managing directors or board members, with their full name, address and type of authorization to represent them.
4. the password can be changed by the participant, may not be passed on to third parties, must be treated confidentially and protected against misuse. The participant is liable to the organizer for all damages resulting from misuse of his/her password, unless the participant is not culpable for the misuse. Liability also includes indemnification against claims made by third parties against the organizer.
If the participant becomes aware of the misuse or loss of access data, he/she must inform the organizer immediately by telephone so that access can be blocked.
5 The participant may terminate the participation contract at any time without giving reasons. The organizer will then immediately deactivate the access with the corresponding password. Uncompleted auctions in which the participant has placed a bid will nevertheless be completed in accordance with the conditions.
6. the organizer and third parties commissioned by him may store and process the participant's data in addition to the participant's IP address, whereby the data may only be passed on to the seller and vicarious agents of the organizer.
7. participants are obliged to inspect and test each horse they bid on themselves or through a vicarious agent before placing a bid and to view the veterinary report on the clinical findings status online or to have the available reports explained to them by a veterinarian of their choice and to have the available x-rays examined.
III Information on the horses
1. a list of horses can be found on the organizer's website. The list contains the following information about the respective horse: horse name, sex, age, color, pictures, a video sequence, pedigree.
However, the above information is merely a subjective description of the horse. No agreement on a corresponding quality is concluded and no guarantee is given. In particular, the pictorial representations, comments made about the talent, appearance and performance of the horses, information about the pedigree are neither part of a quality agreement nor an owed quality.
No liability or guarantee is assumed for the horses' suitability for breeding. Fertility and fitness for breeding are not agreed.
2. the horses offered for sale have been clinically and radiographically examined by a veterinarian before they are accepted for auction training. The radiographic examination shall include at least 28 standard projections of the limbs and back.
Veterinary reports of the clinical examinations have been drawn up and must be viewed by registered participants on the organizer's website before submitting bids. The participant is strongly recommended to have the veterinary examination report and the x-rays interpreted by a veterinarian at his own expense in order to be informed about the physical condition of the horse in his own interest. For this purpose, the x-rays can be viewed after registration on the organizer's website and sent electronically on request.
The organizer will have the veterinary reports updated if new veterinary findings arise during the training of the horses. The participant is therefore obliged to review the respective report before submitting a bid.
The findings and descriptions of the offered horse recorded in the examination reports do not become the subject of a quality agreement and are not a quality owed.
3. all horses offered are stabled at the organizer's stables and are ridden there or trained according to their age. Participants must inspect or test the horses in person or through a representative before placing a bid. The horses may be tested and inspected within 14 days prior to the auction day.
4. no bid may be submitted unless the bidder has previously declared that he has received the information on the obligations to inspect the veterinary examination report and to inspect the horse of interest to him.
IV.  Procedure of the online auction
1. the respective online 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 purchase contract. At the same time, the bidding time is specified in the offer by stating "end of auction". This offer cannot be accepted by simply saying "yes", but at the same time contains a pre-declared acceptance of the participants' highest bid. The organizer will only accept the highest bid that is effectively submitted by a bidder within the specified bidding time in accordance with these auction conditions.
The remaining time until the end of the auction for the respective lot (horse to be auctioned) is displayed by a countdown in the upper part of the offer.
In the last three minutes before the final end of the auction of a lot, each bidding activity extends the countdown by three minutes, so that after a bid until the final end of the auction the countdown is three minutes again. If no more bids are placed during this time, the auction ends. An extension of the closing time for a previous lot does not lead to an extension for the following lot.
2. all monetary amounts refer to the euro currency (€). The starting price of a horse is at least € 5,000 for unridden horses and € 10,000 for ridden horses. An effective bid must correspond to the minimum bid and be at least one bidding increment above the bid of the previous bidder. The bidding increments are € 500 and are specified by the system.
The bidder will be informed by e-mail or in another suitable manner on the Internet platform that his bid has been accepted and also if he has been outbid.
3. bids can only be submitted via the mask for registered bidders installed on the organizer's website and only online. Bids in which the bidder has not declared that he agrees to the validity of these Auction Terms and Conditions and has taken note of the information on the inspection protocol and the obligation to inspect will also not be accepted.
A bid expires with the submission of a higher bid. Until then, the participant is bound by his bid. Incoming bids are recorded and considered according to the time of receipt. Bids submitted by the end of the auction, which were submitted for the registered participant under "Bid" in accordance with these auction conditions, shall only participate in the auction if they have been received by the organizer by the end of the auction. The bid is transmitted at the bidder's risk. The organizer is not responsible for any technical delays, even if the transmission channels are overloaded.
If there are two or more identical highest bids at the end of the auction period, the highest bid received first will be accepted.
4. before a bid is submitted, the content of the bid is summarized on an overview page. The bidder can correct his bid there using the change fields provided. By clicking on the "Please confirm your bid" button, the bidder submits a binding bid to the organizer to conclude a purchase contract. After submitting the bid, the bidder receives an automatically generated e-mail from the organizer confirming receipt of the bid and providing its details (confirmation of receipt). This confirmation of receipt does not constitute acceptance of the contract, but only confirmation of participation in the auction with the bid submitted. Each bid of each bidder shall be replaced by a higher bid. The respective bidder shall be bound by the bid submitted by him until the end of the bidding period. Bids that are below the minimum bid will not participate in the auction, even if the organizer does not receive a higher bid by the end of the auction. The purchase contract for the auctioned horse is concluded without a separate knockdown by the highest bid effectively submitted by the registered bidder (at the end of the bidding period).
5. the bidder who has submitted the highest effective bid at the end of the auction will be notified of this by e-mail. The receipt of the notification is the confirmation of the already concluded purchase contract and not an additional prerequisite for its conclusion. Bidders who have not placed the highest bid will not receive any notification. The highest bid will only be stated anonymously on the platform immediately after the end of the bidding period. The notification of the buyer constitutes a confirmation of the contract, which reflects the content of the contract and contains all necessary information.
6. the organizer is entitled, at his discretion, to block registered bidders for individual online auctions of individual horses or for a certain period of time or in general and thus to exclude them from the right to participate in his online auctions for a limited or unlimited period of time. This is only permissible if there is an important reason that makes it unreasonable to expect the Organizer to continue a legal relationship with the blocked person.
7. the organizer may cancel an auction at any time before the end of the bidding period if he decides to do so at his reasonable discretion for an important reason. In the event of system failures due to technical circumstances, the organizer is also entitled to cancel the auction. In this respect, the Organizer expressly reserves the right to revoke the respective offer placed on the Internet in accordance with 2.(4)(a). The decision to cancel the auction shall be communicated on the Internet platform, stating the reason in key words. Bids already submitted shall expire without replacement upon notification. This reservation to revoke the offer to sell to the highest bidder shall expire at the end of the auction in the case of an online auction conducted in accordance with the announcement and ending at the end of the bidding period, without the need for a separate declaration by the organizer. Claims for damages by bidders in the event of technical problems in the processing of the Internet auction, in particular in the event of system failures, non-access to bids or their rejection for technical reasons, are excluded.
8. the organizer shall maintain a telephone hotline during the ongoing auction, which can be reached at the time specified on the Internet platform at the caller's expense at the charges specified there. This hotline serves only to resolve processing problems and not to accept bids. No promises are made or contractual agreements of any kind concluded via the hotline.
9. a contract is concluded between the seller of the horse and the participant at the end of the auction period, called "knockdown".
10 The organizer reserves the right to reopen the auction if the highest bid at the end of the auction proves to be invalid. This bid will then not be accepted.
V.  Settlement
1. all prices and bids quoted are subject to value added tax. This will be shown separately in the invoices.
2. the participant who has won the bid must, as the buyer, pay the organizer a fee of 6% of the purchase price plus the statutory VAT of currently 19%.
3. the hammer prices are net prices.
The buyer owes the knocked down bid plus VAT as the purchase price. VAT is levied on the hammer price and may vary depending on the seller's tax assessment. The respective VAT rate is shown for the horse concerned in the online offer.
The organizer is not liable for the correct VAT rate of the vendors.
In detail, the organizer shall issue the following invoice to the participant who has been awarded a contract:
Surcharge price plus seller's VAT rate
= Subtotal 1
+ organizer's fee of 6 % of the hammer price
plus 19 % VAT on these (according to §§ 12,2 UStG)
= Settlement amount.
4. the purchase price is due for payment to the organizer immediately and without deduction upon confirmation of the conclusion of the purchase contract. The buyer shall receive a statement of account immediately after the knockdown, which he can pay immediately by bank transfer, so that he is in a position to dispose of his horse immediately after the knockdown. The seller has assigned his claim for payment to the organizer for the purpose of collection and the organizer has accepted the assignment.
Upon confirmation of the conclusion of the purchase contract, the buyer shall receive an invoice stating the price and VAT. The deduction of discounts is not permitted.
The buyer shall only be entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been recognized by the organizer. The buyer is only authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
5. the settlement amount is irrevocably assigned to the organizer by the seller for collection.
The horse remains the property of the seller until full payment of the invoice amount by the buyer. Prior to the transfer of ownership, pledging, transfer by way of security, processing or transformation of the horse is not permitted without the consent of the organizer.
6. the risk is transferred to the buyer upon conclusion of the purchase contract (see Section IV.9.), even if the horse initially remains in the custody of the organizer or seller.
7. the settlement amount is due for payment to the organizer immediately after the award (Clause V.4).
If the buyer does not pay the settlement amount within 7 calendar days after the end of the auction, the seller may withdraw from the purchase contract. The seller is then entitled, among other things, to sell the object of purchase to a third party. In this case, the organizer and the seller reserve the right to claim damages, for example in the event of reduced proceeds.
VI Acceptance / Transfer of risk
The risk of the horse is transferred to the buyer upon acceptance of the bid. Ownership is transferred to the buyer after full payment of the invoice price. The buyer is obliged to collect the horse from the organizer immediately after payment of the purchase price. Should this not be done within seven days of the knockdown, the buyer shall owe € 25.00 plus statutory VAT per calendar day from the day of the auction for accommodation, feeding, care and exercise.
VII Liability and statute of limitations
1. if the seller is a consumer within the meaning of § 13 BGB or both parties are entrepreneurs within the meaning of § 14 BGB, all warranty rights and any liability for material defects are excluded.
2. if there are differing opinions on the existence or significance of the circumstance complained of by the buyer or if the ability to rectify the defect is in dispute, the binding opinion of a veterinarian from the University of Veterinary Medicine shall be decisive for both parties. Should the University of Veterinary Medicine determine that a rectification period of more than six months is to be expected, the buyer may reject the rectification as unreasonable. If the rectification is impossible, unreasonable or has failed, the seller has the right to make a subsequent delivery because the animals offered can be replaced.
3. if the buyer effectively withdraws from the purchase contract, the seller owes the repayment of the purchase price concurrently with the return and reassignment of the horse. In addition, the seller owes compensation for the necessary use of the object of purchase, e.g. for feeding and stabling, farrier's and, in specific emergencies, veterinary costs. The costs of renting a boarding place are necessary up to the amount of € 7.00 per day. The seller is not liable for any other costs.
The seller's right to the surrender of benefits or compensation for the value of benefits derived, consumption, sale, encumbrance, processing, transformation, deterioration or destruction of the horse remains unaffected.
The seller shall only reimburse the actual costs of return transportation within Germany. In this respect, costs of up to 50 cents per kilometer driven shall be reimbursed. In the case of return transportation from abroad, the seller shall pay the costs from the point of crossing the border.
4. any liability of the organizer arising from the brokered purchase contract is excluded.
5 The organizer and the sellers assume no guarantees. This applies in particular to certain characteristics or intended uses. It is known that the further development and future performance of the horses is not foreseeable and depends on a multitude of different factors. Any verbal statements made by the sellers and the organizer regarding the classification of the horses with regard to certain suitability for equestrian sport or horse breeding do not constitute an agreement on quality, but are declarations of knowledge based on the subjective impressions of the sellers and the organizer.
6. any rights and claims for defects of a buyer shall become time-barred within eight weeks, calculated from the transfer of risk (acceptance). This does not apply to rights and claims for defects of a buyer who has purchased as a consumer from an entrepreneur. In this case, the limitation period shall be one year from the handover of the horse.
(7) All exclusions and limitations of liability as well as the easing of the statute of limitations in these Auction Terms and Conditions do not apply to personal injury resulting from injury to life, body or health that is based on at least a negligent breach of duty by the Organizer or the Seller or an intentional or negligent breach of duty by their legal representatives or vicarious agents. This also does not apply to other damages that are based on a grossly negligent breach of duty by the organizer or the seller or on an intentional or grossly negligent breach of duty by their legal representatives or vicarious agents.
VIII.  German law, place of jurisdiction, severability clause
The place of performance for all mutual obligations arising from the purchase contract is Meppen.
If the customer is a merchant and the disputed business relationship is attributable to the operation of his trade, the place of business of the organizer is also the place of jurisdiction.
All rights and obligations arising from and in connection with the contractual relationship shall be governed by German law, namely the law of the BGB/HGB/GVG/ZPO. 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 April 11, 1980) is excluded.
Should individual provisions of these Auction Terms and Conditions be or become invalid or unenforceable, this shall not affect the validity of the remainder of the contract. The invalid or unenforceable provision shall be replaced by the statutory provision.
IX.  Final provisions
1 These Auction Terms and Conditions are available in German and English. In the event of contradictions, the German version alone shall apply; in the event of interpretations, the German version shall also be used in the first instance for the interpretation of the English version and shall prevail.
2. the organizer reserves the right to change or amend these auction conditions for the future. Approved bidders will be notified separately by e-mail of any amendments or additions to these terms and conditions during ongoing auctions. The amended or supplemented conditions shall only apply if the bidder submits another bid after receiving the notification.
The EU Commission has provided a platform for online dispute resolution (so-called "ODR platform"). The ODR platform is intended for out-of-court dispute resolution in the context of disputes arising from online contracts. The ODR platform can be accessed via the following link: http://ec.europa.eu/consumers/odr.
In accordance with § 36 VSBG, the organizer and the seller inform that they are neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.
Status: 19.02.2024