DSP Hybrid Auction Stallion Days 2024 – Munich 27.01.2024

A. General information

1. agency business

The auction of the horses offered will be conducted in accordance with these auction conditions, which are published in the catalogue as well as on the online platform dsp.hsr-auktion.de. The organiser of the auction is DSP Deutsches Sportpferd GmbH, Gewerbepark Wiedersbach 10-12, 91578 Leutershausen. The organiser sells the horses listed on the internet platform dsp.hsr-auktion.de on behalf of the buyer (agency business). The auction is a public auction within the meaning of § 474 para. 2 sentence 2 BGB, in which the horses offered are sold as used goods in the legal sense. The provisions of the sale of consumer goods (§§ 474 ff. BGB) shall not apply. To the extent permitted by law, Ansbach shall be the place of fulfilment and the place of jurisdiction.

2. characteristics of quality

For the auctioned stallions, only the information/characteristics listed below are the content of a contractually agreed quality:

For all stallions:

Pedigree, sex, colour, age and size (approximate) according to the auction platform

Exclusively for licensed stallions:

a) positive licence certificate

b) suitability for breeding, including an average age- and breed-appropriate development of the sexual organs,

c) fertility, including the semen quality required for fertilisation in accordance with the standard.

The constitution is limited to the above characteristics, in the case of unlicensed stallions in particular not to suitability for breeding.

3 Warranty and limitation period

a) The owner/exhibitor shall only be liable for the quality features in accordance with A. No. 2. 

b) A claim for a reduction in price is excluded. In the event of effective cancellation of the contract, the owner/exhibitor must take back the stallion complained about and repay the purchase price. 

c) In the event of rescission, claims for damages are excluded, in particular also reimbursement of maintenance expenses, insofar as this concerns the period up to the acknowledgement of a claim for rescission, alternatively up to the expiry of a reasonable deadline for rescission set by the buyer in text form to the owner/exhibitor or the organiser after binding determination of the defect. If such a defect is not recognised by the owner and/or the organiser, the Ordinarius of the Surgical University Veterinary Clinic Leipzig or its representative shall decide on the existence of the defect. The costs shall be borne by the owner if the complaint is justified, otherwise by the buyer.

d) Beyond the agreed quality, the sale of the stallions shall take place to the exclusion of any liability for defects on the part of the owner/exhibitor and the organiser.

e) Statements made in the catalogue or in the course of the auction regarding the facilities or the usability of the horse are not part of the quality agreement, but reflect the personal impressions of the auction team or organiser. This applies accordingly to statements made by the auction veterinarian. Their information serves to inform the prospective buyer, but does not determine the condition of the horse. In addition to the aforementioned quality characteristics, the sale of the horses is subject to the exclusion of any warranty for material defects. 

f) The limitation period for all warranty claims for material defects is twelve weeks from the date of acceptance of the bid.

g) Excluded from all of the above limitations of liability (A. Clause 2, Clause 3 lit. a to lit. f) is the liability of the buyer for damages resulting from injury to life, body or health which are based on a negligent breach of duty by the buyer or an intentional or negligent breach of duty by a legal representative or vicarious agent of the buyer. Also excluded from the limitations of liability is the liability of the shipper for other damages that are based on a grossly negligent breach of duty by the shipper or on a wilful or grossly negligent breach of duty by a legal representative or vicarious agent of the shipper.

4 Organiser's liability

The organiser shall only be liable for the proper execution of the auction in accordance with these terms and conditions. Otherwise, the liability of the organiser, its legal representatives and vicarious agents is limited to intent and gross negligence, even if the organiser is at fault in its selection. Excluded from the limitations of liability is the liability of the organiser for damages resulting from injury to life, body or health, which are based on a negligent breach of duty by the organiser or an intentional or negligent breach of duty by a legal representative or vicarious agent of the organiser. Also excluded from the limitations of liability is the organiser's liability for other damages that are based on a grossly negligent breach of duty by the organiser or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the organiser.

B. Auction

1. the bidding of the horses shall be in euros. The auctioneer accepts the bids from the hall and the online platform and awards the bid. The highest bidder wins the auction and is bound by his bid.

2. the horses are offered in euros, the minimum bid is 8,000 euros for unlicensed stallions, 10,000 euros for licensed stallions and 15,000 euros for premium stallions. The highest bidder wins the auction. Bids of up to 75,000 euros will be accepted in increments of 500 euros and from 75,000 euros in increments of 1,000 euros.  Online participation in the DSP Stallion Days online auction is based on the auction conditions. By participating in the auction, the buyer declares his agreement with the validity of these auction conditions. 

3. the hammer prices are net prices. The buyer is required to pay a 6% commission fee and the VAT indicated for the respective horse.

The invoice amount/purchase price is calculated as follows:

            hammer price

            + VAT as indicated (0%, 9% or 19%)

            + 6% auction fee

            + 19% VAT  

            = purchase price

            + 2% insurance premium plus 19% VAT

            insurance tax

            = total purchase price/invoice amount

4. risk shall pass to the buyer upon acceptance of the bid, but ownership shall not pass to the buyer until the invoice amount has been paid in full. The buyer will receive the invoice for the auction purchase on site at the auction office, by post or by e-mail. The invoice is due immediately.

The auctioned horses must be accepted no later than the day after the auction. From this time onwards, they will be stabled at the Olympic Riding Centre in Munich-Riem at the buyer's expense.

No horse may be removed from the auction site until payment has been finalised.

If a horse is purchased against invoice and the seller does not agree to hand over the horse to the buyer, the seller will take the sold horse back to his stable at the latest at the end of the auction day at the expense and risk of the buyer until the purchase price has been received by DSP Deutsches Sportpferd GmbH.

The auction office must be informed promptly about the export of horses and the corresponding documents must be submitted after the export of the horse (customs documents or certificates of arrival). DSP GmbH will assist in the preparation of the export documents. An export fee of 150 euros plus 19% VAT will be charged for this.

The horses are automatically insured for a period of eight weeks with VTV/Vereinigte Tierversicherung Gesellschaft A.G., Raiffeisenplatz 1, 65189 Wiesbaden). Continued insurance can be applied for at your own expense within eight weeks with Vereinigte Tierversicherung, contact Reinhold Hecker, Tel. 0171/9676722. If this deadline is met and the scope of insurance remains the same, no new veterinary examination is necessary and there are no waiting periods.

C.         Participation via the hybrid module

1. the participant must register on the website https://

dsp.hsr-auktion.de. A participation contract is concluded between the organiser and the participant, which is also based on these auction conditions and through which the organiser presents and offers the buyer's horses as a representative. There is no right to participate. The Organiser reserves the right to block a user from placing bids and to revoke registration. Each participant can only have one account. Therefore, re-registration is particularly prohibited in the event that a participant's account has already been blocked. A registration can be cancelled in 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 procedure or the processing of a purchase that has already been made. In this 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. In particular, a valid telephone number, e-mail address, residential address and date of birth must be provided. The participant must also state whether he is submitting his bids as a consumer within the meaning of § 13 BGB (German Civil Code) or as an entrepreneur within the meaning of § 14 BGB. Incorrect information shall entitle the participant 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 authorised to represent them, e.g. managing directors or board members, with their full name, address and type of authorisation 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 organiser for all damages resulting from misuse of his/her password if the participant is culpable for the misuse. Liability also includes indemnification against third-party claims against the organiser. If the participant becomes aware of the misuse or loss of access data, he/she must inform the organiser immediately by telephone so that access can be blocked.

5 The participant can cancel the participation contract at any time without giving reasons. The Organiser shall then immediately deactivate the access with the corresponding password. Non-completed auctions in which the participant has placed a bid will nevertheless be completed in accordance with the conditions.

6. the organiser 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 organiser.

7. participants are obliged to inspect the horse they are bidding on themselves or through a vicarious agent and to inspect the current veterinary status.

C. Information on the state of health

The horses to be auctioned have been clinically and radiographically examined by a veterinarian prior to delivery to the auction. The results of the examination

of the examination. These documents can be viewed on the auction website dsp.hsr-auktion.de.

The X-ray images and the assessments of the findings can be viewed by the prospective buyer. They do not constitute a quality feature. The auction veterinarian is not a vicarious agent of the organiser, he only provides information in the interest of the prospective buyer. The buyer is entitled to have a veterinarian of his choice inspect the veterinary documents.

D. Right of cancellation

For horses for which the seller is to be classified as an entrepreneur, i.e. horses labelled with a VAT rate of 9 or 19%, a right of withdrawal applies within 14 days without giving reasons if the buyer is a consumer and the sale is concluded exclusively by means of distance communication. The cancellation period is 14 days from the day on which the buyer or a third party named by the buyer, who is not the carrier, has taken possession of the horse. In order to exercise the right of cancellation, the buyer must inform the organiser by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of his decision to cancel this contract. In order to comply with the cancellation period, it is sufficient for the buyer to send the notification of the exercise of the right of cancellation before the expiry of the cancellation period. If the buyer cancels this contract, the owner/provider must refund all payments received from the buyer without delay and no later than 14 days from the day on which the notification of cancellation of the contract is received. The buyer must return or hand over the horse to the organiser without delay and in any case no later than 14 days from the day on which the buyer informed the organiser of the cancellation of this contract.

Please use the following sample cancellation form:

Sample cancellation form

(If you wish to cancel the contract, please complete this form and return it to the above address or e-mail address).

To: DSP Deutsches Sportpferd GmbH, Gewerbepark Wiedersbach 10-12, 91578 Leutershausen or e-mail: info@deutsches-sportpferd.de

I/we (*) hereby cancel 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 in case of notification on paper):

- Date and place:

(*) Delete as appropriate

The cancellation must be declared to DSP Deutsches Sportpferd GmbH, Gewerbepark Wiedersbach 10-12, 91578 Leutershausen. 

E-mail: info@deutsches-sportpferd.de

Phone: 09823 / 9242588, 

Fax: 09823 / 9242589

E. Miscellaneous

The auctioned horse is to be accepted on 28 January 2024. From this date onwards, the buyer shall bear all maintenance costs. The horses will be handed over with blanket, halter and rope. The auctioned horse may only be handed over once payment has been finally settled with the organiser. Auctioned horses can only be purchased on account. A record will be made of the release of the horse.

G. Severability clause

Should any of the auction conditions be invalid in whole or in part, this shall not affect the validity of the remaining conditions. The invalid provision shall be replaced by a valid provision that comes as close as possible to the content of the invalid provision. 

Priority of the German version 

These auction 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 primarily used and decisive for the interpretation of the English version. 

The organiser is DSP Deutsches Sportpferd GmbH. It sells the horses listed on the website www.dsp.hsr-auktion.de on behalf of the owner/buyer as his representative. Status: December 2023