Conditions of sale for the Auction of the Mitteldeutsche Pferdemarketing GmbH

as part of the Schaufenster der Besten at the CSI Neustadt (Dosse) from 10 - 14.01.2024

I. General

The MPM GmbH will hold the auction as an onsite event in Neustadt (Dosse), Graf-Lindenau-Halle. The auction will also be presented in the media via the online platform of the German Sport Horse https://dsp.hsr-auktion.de/ and its partner DSP Vermarktung GmbH, in order to enable buyers who do not wish to make use of their opportunity to participate in person during the bidding process to submit bids.

The MPM GmbH offers the horses on behalf of the exhibitors (sellers). The purchase contract (§ 433 BGB) is concluded between the exhibitor as seller and the participating bidder as buyer. The online participant also accepts these auction terms and conditions by registering. The conditions of sale of the auction apply exclusively.

All agreements made between the exhibitors of the horses and the bidders for the purpose of executing a concluded contract are also based on these conditions of sale.

As a rule, the conditions of sale apply to both entrepreneurs (§ 14 BGB) and consumers (§ 13 BGB), unless their validity is expressly limited with regard to individual clauses in their scope of application. Insofar as special regulations apply to consumers, they are expressly described below.

All illustrations, videos, drawings, descriptions and other documents used for the auction are subject to property and copyright rights. Therefore, use by participants, buyers or third parties is excluded.

II. Participation in the auction

The MPM sells the horses mentioned in the catalogue in the name of the respective exhibitor on the account of the respective exhibitor (agency/agent business) by way of public and publicly accessible auction in accordance with §§ 312 g (2) no. 10, 383 (3), 474 (2) sentence 2 BGB. The auction will be conducted by a publicly appointed and sworn auctioneer in accordance with § 34 b para. 5 GewO. He bids the horses and awards the bids. All interested parties have the opportunity to attend the sales event in person. This is valid until the ticket contingent is exhausted. In addition, bids can be submitted online or by telephone via a bidding representative authorised by the prospective buyer and personally present at the sales event after registration and identification. The representative must declare to the MPM in whose power of attorney he bids. Interested parties who decide to bid online or by telephone are obliged to inspect the horses they are interested in personally or through their authorised representative, to test them if necessary and to view the veterinary reports.

The law on the sale of consumer goods does not apply. For this reason, sellers are allowed to agree on both limitations of liability and relief from the statute of limitations. They make use of this in these conditions of sale.

1. If a prospective bidder or his representative does not wish to participate in the auction in person, but online, without placing the bids through a bidder representative present in person, they must register as a participant on the website https://dsp.hsr-auktion.de/ . A contract of participation is concluded between the MPM and the participant, which is also based on these conditions of sale and through which the organizer as representative presents and offers the exhibitors' horses. There is no right to participate. The MPM reserves the right to block a user from placing bids and to revoke registration. Each participant can only have a single account.

A registration can be deleted at any time without giving reasons in the bidder's profile; in this case, all registered data will be permanently deleted, unless it is required for an ongoing bidding process or the processing of an acquisition that has already taken place. In this case, the deletion will only take place when it has been definitively ruled out that the data is still needed.

2. When registering, the participant must provide complete and correct personal information. It must also be stated whether he submits his bids as a consumer within the meaning of § 13 BGB or entrepreneur within the meaning of § 14 BGB.

Incorrect information entitles the participant to terminate the participation contract without notice.

3. Participants may be natural persons or legal entities. Natural persons can only register for use if they are of legal age and have unlimited legal capacity. Legal entities must name the natural persons entitled to represent (legal representatives), e.g. managing directors or board members, with their full name, address and type of power of representation.

4. The password can be changed by the participant, must 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 password, if the organizer culpably caused the misuse. The liability also includes the indemnification of claims by third parties against the organizer. If the participant becomes aware of the misuse or loss of the access data, he or she must immediately inform the organizer 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. Unfinished auctions in which the participant has placed a bid will still be completed in accordance with the conditions.

6. In addition to the IP address of the participant, the organiser and third parties commissioned by the organiser may also store and process the participant's data, whereby the data may only be passed on to the seller and vicarious agents of the organiser.

7. Participants are obliged  to inspect and test the horse they are bidding for themselves or through a vicarious agent and to inquire about the current status  of the veterinary findings from one of the auction veterinarians. During the infection control restrictions in place, participants must register their viewing with the auction manager.

8. All amounts of money are in the euro currency (€). The starting price of a licensed stallion is 10,000.00 Euros as a minimum price and that of a non-licensed stallion is 8,000.00 Euros. An effective bid must meet the minimum bid and be at least one bidding step above the previous bidder's bid. The bidding steps range from 250.00 euros to 10,000.00 euros, beyond that 500.00 euros and are specified by the system.

III. Information on animals

1. A list of horses can be found on the website of the organizer (https://dsp.hsr-auktion.de/). The list contains the following information about the horse in question:

Horse name, gender, year of birth, colour, pedigree.

Any pictures and videos do not constitute a declaration of intent, but only a subjective description of the horse. No guarantee is given for a corresponding condition and information about the respective horse and it is also not part of any quality agreement with regard to the future purchase contract. In particular, the pictorial representation, comments made about the talent, appearance and performance of the horse, information on the pedigree are not declarations of intent and therefore do not become part of a quality agreement and do not become an owed quality. The horses have all been used and trained, especially with a view to their participation in the auction, and are therefore offered as used animals.

No guarantee is given for the suitability of the horses for breeding. The ability to fertilize or breed is not an agreed quality.

2. Previous to the event the offered horses must be clinically and radiographically examined before the event. The radiographic examination includes the standard overview images:

Forelimbs: Hoof 90° centering on the navicular bone, toe 90° centering on the fetlock joint, hoof 0° according to Oxspring

Hind limbs: toe 90°, ankle 0°, ankle approx. 45°, ankle approx. 135°, knee approx. 90°, knee 180° .

Veterinary protocols have been drawn up for the examinations, which must be consulted by registered participants (with Christian Köhler info@tierklinik-wusterhausen.de; 0049 174 / 3105635). The participant is advised to have the veterinary examination protocol interpreted at his own expense by a veterinarian of his choice in order to be informed about the physical condition of the horse, taking into account his personal interests. The organizer will have the veterinary reports updated if new veterinary findings arise in the training of the horses. The participant must therefore check the status of the results again before placing a bid.

The findings and descriptions of the offered horse recorded in the examination protocols do not become the subject of a quality agreement and are not an owed quality. These are declarations of knowledge by self-employed veterinarians.

IV. Online Participants

1. The respective online participation begins with an offer made available on the Internet by the MPM on the platform. This is a declaration of intent by the MPM aimed at concluding a purchase contract. This offer cannot be accepted by a simple "yes", but it also includes a pre-declared acceptance of the highest bid of the participants. The Organiser will only accept the highest bid that is validly submitted in accordance with the terms and conditions of these GTC.

The bidder will be informed, by e-mail or by any other appropriate means on the internet platform, that his bid has been accepted and also if he has been outbid.

3. Online bids can only be submitted via the mask installed on the organiser's website for registered bidders and only online. Bids for which the bidder has not declared that he agrees with the validity of these T&Cs and has not taken note of the reference to the investigation protocol will also not be accepted. No bid can be placed until the bidder has declared that he is aware of and accepts these conditions of sale.

All horses offered are stabled at the MPM between 10.-13.01.2024 in Neustadt (Dosse). Online participants must also carry out an inspection or trial in person or through a representative before placing a bid.

A bid expires with the submission of a bid above it. Until then, the participant is bound by his bid. Incoming bids are recorded and taken into account on a time-by-time basis. Bids submitted by the end of the auction that have been submitted for the registered participant under "Bid" in accordance with these T&Cs will only participate in the auction if they have been received by the organizer by the end of the auction. The submission of the bid is at the risk of the bidder. The organiser is not responsible for any technical delays, not even in the event of overloading of the transmission paths.

If there are two or more identical maximum bids at the end of the auction period, the highest bid received first will be accepted.

4. Before placing a bid, the content of the bid is summarised on an overview page. The online participant can correct his bid using the provided change fields. By clicking on the "GO" button, the bidder submits a binding bid to the organiser to conclude a purchase contract. Each bid of each bidder will be superseded by the bid if a higher bid is specified. The respective bidder is bound by the bid submitted by him until the end of the bidding period. The purchase contract for the auctioned horse is concluded by the successful highest bid of the registered bidder.

5. If, at the end of the auction, an online participant has effectively placed the highest bid, he or she will be notified of this by e-mail or other means on a durable medium in text form. 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 submitted the highest bid will not receive any notification. The highest bid will only be announced anonymously on the platform immediately after the end of the bidding period (knockdown). The notification to the purchaser includes a confirmation of the contract, in which the content of the contract is reproduced.

6. The MPM is entitled, at its discretion, to block registered bidders from individual online auctions of individual objects or for a certain period of time or in general, and thus to exclude them from participating in its online auctions to a limited or unlimited extent. This right is only effectively exercised if there is an important reason from which it can be concluded that the continuation of a legal relationship with the blocked person is no longer reasonable for the MPM.

7. The Organiser may terminate an auction at any time before the end of the bidding period if he decides to do so at its reasonable discretion for good cause. In the event of system failures due to technical conditions, the MPM is also entitled to cancel the auction. In this respect, the revocation of the respective offer posted on the Internet pursuant to 2.(4)(a) is expressly reserved. The decision on the termination will be communicated on the internet platform, stating the reason in a keyword. Bids that have already been submitted will expire without replacement upon notification. This reservation to revoke the offer to sell to the highest bidder expires at the end of the auction in the case of an online auction held in accordance with the announcement and terminated at the end of the bidding period, without the need for a separate declaration by the MPM. 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-receipt of bids or their rejection for technical reasons, are excluded. This does not apply to damages resulting from injury to life, limb or health that are based on at least negligent breach of duty on the part of the organiser or an intentional or negligent breach of duty on the part of a legal representative or vicarious agent of the organiser. This also does not apply to other damages that are based on a grossly negligent breach of duty on the part of the organiser or on an intentional or grossly negligent breach of duty on the part of a legal representative or vicarious agent of the organiser.

8. A contract is formed between the seller of the horse and the highest bidder at the end of the auction period, called "Knockdown".

9. The organizer reserves the right to resume the auction if the highest bid at the end of the auction turns out to be invalid. This bid will not be accepted.

V. Settlement

1. All prices and bids quoted are exclusive of the VAT applicable to the respective seller. These will be shown separately in the invoices.

2. As the buyer, the highest bidder who has been awarded the contract must pay the organiser a remuneration of 6% of the purchase price plus the statutory value added tax, which is currently 19%. In addition, the buyer bears the costs of insuring the horse in the amount of 1% of the purchase price plus statutory VAT. Insurance tax. In the event of a knockdown, the buyer instructs the organiser to take out this insurance in his name and on his account for the object of purchase.

3. The knock down prices are net prices.

The buyer owes the purchase price of the successful bid plus VAT. VAT is levied on the knock down price and may vary depending on the seller's assessment. In the online horse directory, the respective VAT rate is shown for each horse.

The organizer is not responsible for the correct information of the sellers' VAT rate. If it turns out to be changed afterwards, the difference must be paid by the buyer or will be refunded.

In detail, the organiser will issue the following invoice to the participant who has been awarded the contract:

Knock down price plus seller's VAT rate

= Subtotal 1

+ Organizer's fee of 6 % of the knock-down price

plus 19% VAT on these (according to §§ 12.2 UStG)

= Subtotal 2

Subtotal 1 and 2 = Gross price

+1% insurance plus 19% insurance tax

= Settlement amount.

4. Purchase processing and billing is carried out by the MPM. The settlement price is due for payment to the MPM immediately and without deduction upon confirmation of the conclusion of the purchase contract. The seller has assigned his right to payment to the MPM for the purpose of recovery and the MPM has accepted the assignment.

With the confirmation of the conclusion of the purchase contract, the buyer receives the invoice with details of the settlement amount and the VAT. The deduction of cash discount is not permitted.

The buyer is only entitled to rights of set-off if his counterclaims have been legally established, are undisputed or have been recognised by the MPM. The buyer is only entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.

5. Until the buyer has paid the settlement amount in full, the horse remains the property of the seller (retention of title according to § 449 BGB). Prior to the transfer of ownership, it is not permitted to pledge, transfer title by way of security, process or transform the horse without the consent of the MPM.

7. The foreign buyer shall be charged the fee for the services of the official veterinarian in addition.

8. If the buyer does not pay the settlement amount within 7 working days (including Saturday) after the end of the auction, the seller is entitled to withdraw from the auction. The seller is then also entitled to sell the horse to a third party. In this case, organizers and sellers reserve the right to claim damages – for example, in the event of a reduction in revenue.

VI. Insurance

The MPM has life insurance for all horses offered at the auction. The respective contract is transferred to the buyer as legal successor with a surcharge. The insurance premium is settled with the auction settlement. The insurance cover ends 8 weeks after the auction and can be extended by the buyer at his own expense. The details can be found in the insurance terms and conditions of Vereinigte Tierversicherung a.G., which can be viewed on the auction page on the Internet / in the event catalogue.

VII. Transfer of Risk / Acceptance / Transfer of Title

The risk is transferred to the buyer with the knockdown of the contract. Ownership passes to the buyer after full payment of the invoice price. The buyer is obliged to collect the horse from the seller immediately after payment of the purchase price. If this has not been done within seven days of the end of the auction, the buyer owes 22.00 euros plus statutory VAT for accommodation, feeding, care and exercise per calendar day from the day of the auction.

VIII. Liability

1. The sale of the horses is subject to the exclusion of any liability for material defects. This does not apply to the extent that guarantees are given or characteristics are contractually agreed.

2. Pursuant to No. VIII 1. The agreed exclusion of liability does not apply to personal injuries resulting from injury to life, body or health that are based on at least negligent or intentional breach of duty on the part of the seller or his legal representative or vicarious agents of the seller. The exclusion of liability also does not apply to other damages that are based on a grossly negligent or intentional breach of duty on the part of the seller, his legal representative or vicarious agent.

3. Otherwise, the seller shall have priority rights and obligations for subsequent performance. The seller's right to rectify the situation is limited to the extent that, according to an expert opinion by a veterinarian from the University of Veterinary Medicine in Hanover (TiHo), which is binding on both sides, the cure of an illness cannot be expected within six months of treatment. The costs of appealing to the TiHo shall be borne by the seller if the cure is not expected within 6 months and in the opposite case by the buyer. If the repair is impossible, unreasonable or failed, the seller has the right to make a subsequent delivery, because the animals offered are considered replaceable.

4. If there is uncertainty as to whether a veterinary finding that has been objected to by the buyer exists at all, the expert opinion of a veterinarian from the TiHo Horse Clinic is binding on both parties.

5. If the buyer effectively withdraws from the purchase contract, the seller is liable to repay the purchase price step by step against the return of ownership of the horse. In addition, the seller owes the reimbursement of the necessary uses on the object of purchase, for example for feeding and livery, ferrier and, in specific emergencies, veterinarian costs. Costs for livery are necessary up to the amount of € 7.00 per day. The seller is not liable for all other costs. The seller's liability for personal injury resulting from injury to life, limb or health resulting from a negligent or intentional breach of duty by the seller or its legal representative or vicarious agent is excluded from this exclusion. The same applies to other damages resulting from a grossly negligent breach of duty on the part of the seller or on an intentional or grossly negligent breach of duty by his legal representative or vicarious agent.

The seller's right to demand restitution of uses or compensation for the use of the horse, consumption, sale, encumbrance, processing, transformation, deterioration or destruction of the horse remains unaffected.

Actual costs of a return transport will only be reimbursed by the seller within Germany. In this respect, costs up to €0.50 per kilometre driven are to be reimbursed. In the case of return transport from abroad, the seller pays the costs from the border crossing.

6. Any claims arising from defects shall become statute-barred within six months of the transfer of risk.

The notification of any defects and/or the assertion of claims due to defects must be made to the MPM, which, as the representative of the seller, receives the notification of defects or the assertion of the claim and contacts the seller.

7. Any liability of the organiser arising from the brokered purchase contract is excluded. The exclusion of liability does not apply to personal injuries due to injury to life, body or health that are based on at least negligent breach of duty by the organiser or an intentional or negligent breach of duty by its legal representative or vicarious agent. This also does not apply to other damages that are based on a grossly negligent breach of duty on the part of the MPM or on an intentional or grossly negligent breach of duty on the part of a legal representative or vicarious agent of the MPM.

8. The MPM and the sellers do not provide any guarantees. This applies in particular to certain properties or uses. It is well known that the further development and future performance of horses is not foreseeable and depends on a variety of different factors. Any verbal statements by the sellers and the MPM about the assignment of the horses with regard to certain suitability in equestrian sports or horse breeding do not constitute an agreement on the quality of the horses, but are declarations of knowledge based on the subjective impressions of the sellers and the organizer.

10. The provisions of distance selling law do not apply. Therefore, the conclusion of the purchase contracts is irrevocable.

IX. German Law, Place of Jurisdiction, Severability Clause

The place of performance for all reciprocal obligations arising from the purchase contract is Neustadt (Dosse).

Insofar as the buyer is a merchant and the disputed business relationship is attributable to the operation of his commercial business, Neustadt (Dosse), the registered office of the MPM, 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 German Civil Code (BGB) and the German Commercial Code (HGB). The applicability of the United Nations 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.

Should individual provisions of these GTC be or become invalid or unenforceable, the validity of the remaining contract shall remain unaffected. The invalid or unenforceable provision shall be replaced by the statutory provision. The same applies mutatis mutandis in the event that the contract proves to be incomplete.

X. Final Provisions

1. These conditions of sale are available in German and English. In the event of contradictions, the German version shall apply only; in the case of interpretations, the German version is also to be used primarily for the interpretation of the English version and is authoritative.

2. The organiser reserves the right to amend or amend these conditions of sale for the future. Bidders will be notified separately of any changes or additions to these terms and conditions during ongoing auctions. The amended or supplemented conditions of sale will only apply if the bidder submits a new bid after receiving the notice.

Last updated: 24.11.2023