Auction Terms and Conditions
1st Online Auction Stallion Station Rüscher-Konermann
July 10 – 12, 2020
- The stallion station Rüscher-Konermann, Wilhelm Rüscher-Konermann, Saerbecker Str. 136, D-48268 Greven (hereinafter referred to as „organizer„) is the organizer of the online auction. The horses put up for auction are sold either in its own name and for its own account or in the name and for the account of the owners entitled to dispose (hereinafter referred to as „exhibitor„). The contract of sale is concluded between the exhibitor and the highest bidder (hereinafter referred to as „buyer„). The name of the respective seller is derived from the so-called Special Conditions, which are provided before a bid is submitted.
- The auction conditions are the basis of the auction conducted by the organizer. They determine the legal relationship between exhibitor and buyer, organizer and buyer, as well as between organizer and all registered users participating in the auction (hereinafter referred to as „bidders„), for example by placing a bid.
- Auction procedure
- Prior registration with the organizer shall be required to participate in the auction. All bidders are requested to complete the provided registration form and to return it to the organizer by e-mail. Submitting the registration form is deemed to be an offer to conclude a contract of use with regard to the use of the online platform. This contract of use shall be concluded by the organizer by sending a confirmation e-mail to the bidder. The organizer shall be entitled to exclude individual bidders from the auction. The bidder shall be entitled to terminate the contract of use at any time without giving reasons by sending an e-mail to the organizer. All data provided by the bidder during registration will then be deleted.
- The auction will be held from July 10 – 12, 2020. Individual online auctions will be held for the horses put up for auction during this time. The respective auction starts with organizer’s publication of the offer in the name of the exhibitor on the online platform. The offer shall also deemed to be the declaration of acceptance of the highest bid effectively submitted within the bidding period. Starting and ending time of the respective auction (hereinafter referred to as “bidding period”) shall be announced at the same time. The indicated bidding period shall be extended by five minutes if a new highest bid is submitted within the last five minutes before the end of the respective auction.
- The bidder shall only be entitled to place bids within the bidding period. Only bids submitted via the online platform provided by the organizer shall be accepted. Bids submitted by any other means shall not be considered. The bidder shall submit a binding bid to which he is bound until the end of the respective auction by clicking on the button “Bid”. The bid shall be subject to cancellation with the submission of a higher bid during the bidding period. As soon as another bidder submits a higher bid, the preceding bidder shall receive an automatically generated notification by email.
- The bid submitted by the bidder must be higher than the minimum bid stated on the online platform. The bidding steps are determined in advance by the organizer and cannot be freely chosen by the bidder. However, the bidder shall be entitled to submit double or five times the
specified bidding step as valid bid via the bidding button. Bids below the minimum bid and below the maximum bid valid at that time will not participate in the respective online auction.
- The purchase contract between exhibitor and bidder shall be concluded by submitting the highest bid within the bidding period. The bidder who has placed the highest bid within the bidding period is deemed to be the buyer of the respective horse. He will be informed about the conclusion of the contract by e-mail and the conclusion of contract will be confirmed to him. The text of the contract will not be recorded, it will only be available to the customer in the form of the confirmation e-mail.
- Details on the auction horses
- Details such as age, sex, breed, colour and pedigree will be shown for all horses put up for auction. These details represent the quality of the horse as agreed between exhibitor and buyer. This quality agreement shall be final.
- Any further information about the classification of the respective horse with regard to its predominant potential for dressage, jumping or eventing, the description with regard to character, exterior and training level of the horse do not constitute guaranteed qualities , but are based on purely subjective impressions of the exhibitor or the organizer. Any verbal statements made by the exhibitor or the organizer do neither represent a guaranteed characteristic nor an agreed quality of the horse.
- Veterinary examination
- The offered horses have been clinically examined by a veterinarian before the beginning of the auction. Veterinary examination reports have been drawn up for the clinical examination which will be available upon email request with firstname.lastname@example.org. The extent of the clinical examination can be taken from the examination report.
- In addition, all offered horses have been radiologically examined by Tierklinik Telgte – with the exception of the foals put up for auction. An examination report has been issued for the radiological examination, too, with the extent also been specified in the examination report. The bidder shall be entitled to request the X-rays at the email address email@example.com and have them evaluated by his own independent veterinarian.
- Neither the description of the horse shown in the examination report nor the status as can be taken from the X-rays shall become subject matter of the Agreement as is stated in section 3, but shall only serve to inform the bidder about the current state of health of the horse. Neither seller nor organizer are in particular liable for the correctness of the descriptions of findings made in the examination reports.
- Exclusion of liability
- The liability of the organizer shall be excluded. This shall not apply to any claims of the bidder or the buyer due to grossly negligent and/or intentional breach of duty by the organizer and/or a vicarious agent as well as due to negligent and/or intentional injury to life, body or health. Furthermore, this shall not apply to claims due to the violation of essential contractual obligations or in case of fraudulent intent, in case of the assumption of a guarantee or claims based on the German Product Liability Act.
- Should individual provisions of these Auction Terms and Conditions be invalid, the validity of all other provisions shall remain unaffected. The invalid provision shall be replaced by the provision which comes closest to the content of the ineffective provision.
- Place of jurisdiction for all disputes shall be Greven unless the bidder is a merchant, a legal entity under public law or a special fund under public law. In these cases the place of performance of all obligations arising from the respective contract shall also Greven.