Holsteiner Spring Edition Auction 

(Riding Horses)
on 23rd March 2024 at Elmshorn 
Terms and Conditions

A. General
I. Organizer of the respective auction is the Holsteiner Verband Vermarktungs- und Auktions GmbH, Elmshorn, Westerstraße 93-95, 25336 Elmshorn, in the following also called “H. V. Vermarktungs- und Auktions GmbH“ or “organizer“. Exhibitor is the owner of the horse.
The H. V. Vermarktungs- und Auktions GmbH sells the horses in the way of an agency business that is on behalf and for the account of the exhibitor through a publicly appointed and sworn-in auctioneer. It is a public auction in agreement with sections 383 (3), 474 (2, sentence 2) BGB (German Civil Code). Thus the legal provisions regarding the sale of consumer goods as outlined in sections 474 et seq. BGB do not apply. 

This means in particular that special provisions favouring consumers, for example with regard to withdrawal and damages (section 475d BGB), limitation period (section 475e BGB) and shifting of the burden of proof in case of defects (section 477 BGB) do not apply for this event (on this topic compare the Important Consumer information on Contracts for the Sale of Goods from 1 January 2022 below). 

The purchase contract is concluded through bid (bidder's offer) and knock-down (auctioneer's acceptance on behalf of the exhibitor) at the respective knock-down price 
For agency services, the organizer charges a commission fee from the exhibitor in the range of 13%, 15%  or 18% depending on the knock-down price.

 

B.    Auction, Passing of Risk

I. Prior to the auction, the horses offered for sale are shown under saddle. During the auction the horse offered for sale is presented under the rider or in-hand. The auction is called in euros, the minimum increment being 250 euros.

II. The exhibitor of the horse has the right to revoke agreement to a knock-down for a bidder’s bid on their horse at auction by giving a hand signal. In this case, the bid in question must not win the bidding. In the event that the knock-down is vetoed by the exhibitor and no higher bid is placed, no contract of sale for the horse is concluded. The exhibitor has to pay the return fee according to their agreement with the organizer.

III. Any doubt as to the validity of the knock-down has to be asserted at once. Bidding can be reopened and continued at the discretion of the auctioneer in charge. This is admissible even if the purchase note has already been signed but must be effected at the latest by the time of the final fall of the hammer for the last horse. Doubts as to the validity of the knock-down can only be asserted by a person bidding for the horse in question, the auctioneer, or the H.V. Vermarktungs- und Auktions GmbH, represented by one of the executive directors. Disputes as to the validity of the knock-down are decided by a commission comprising a) the auctioneer, b) an executive director of the H.V. Vermarktungs- und Auktions GmbH and c) the chair of the Verband der Züchter des Holsteiner Pferdes e.V. or a board member authorized by the chair in his place by simple majority. Immediate assertion of doubt as to the validity of the knock-down is no prerequisite for a judicial review of the validity of the knock-down.

IV. In the event that the purchase note is not completed in full or not duly signed by the purchaser, bidding for a horse can be reopened according to the auction management's best judgement. The first purchaser is liable for any possible loss.

V.  Upon taking delivery of the horse, risk of loss of the purchased horse passes to the purchaser.

VI.  After the knock-down and the signing of the purchase note, the purchaser is obliged to take delivery of the horse without delay, at the latest at the end of the time of payment (compare C. V.)
 

C.    Settlement, Payment and Transition of Property

I. Knock down prices are net prices. The purchaser owes the seller/exhibitor the knock-down price plus value added tax (sales price). VAT is raised on the knock-down price at a rate depending on the seller's taxation status, either 0% (private sale), 9 % (flat-taxed farmer) or 19% (trader/ farmer opting for standard taxation). 
For each horse, the applicable tax rate is stated in the catalogue after the exhibitor's name. The VAT rate is stated as declared by the exhibitor. The H.V. Vermarktungs- und Auktions GmbH does not assume liability for this statement. 

II. For agency services, the H.V. Vermarktungs- und Auktions GmbH charges a commission/buyer's premium at a rate of 6 % of the knock-down price (net) plus 19% VAT, payable by the purchaser. 

III. The H. V. Vermarktungs- und Auktions GmbH has arranged obligatory insurance with the Vereinigte Tierversicherung for each horse (compare G. II) at a rate of 1.5 % of the gross price plus insurance tax (19%), payable by the purchaser.

IV. Against this background the total amount payable by the purchaser is computed as follows:
 

„knock-down price“ (net)
+ VAT (depending on seller’s taxation status, 0%, 9% oder 19%)

= subtotal 1 (= selling price)
+ buyer’s premium (auction fee) at a  
rate of 6% of the knock-down price(net)

+ VAT (19%)
on the buyer’s premium
(according to section 12 (2) UStG)

= subtotal 2 
subtotal 1 and 2 
(selling price + buyer’s premium)
= gross price
+ 1,5 % insurance premium
on gross price
+ insurance tax (19 %)
 

= TOTAL INVOICE AMOUNT

In case of sale and transport abroad, a flat rate of € 100.00 (incl. 19% VAT) will be charged for the official veterinarian. 

V. The total invoice amount is payable immediately after the knock-down and must be settled in the auction office by check or transferred to the H. V. Vermarktungs- und Auktions GmbH's UniCredit account within 5 working days (including Saturday) after the date of the auction. Costs and interests for clearing the cheque are born by the purchaser. When paying in foreign currency, the amount credited to the account of the H. V. Vermarktungs- und Auktions GmbH must equal the total invoice amount in euros.

VI. The horse in question remains the property of the exhibitor in agreement with section 449 BGB until the total invoice amount has been paid to the H. V. Vermarktungs- und Auktions GmbH; in the event of payment by cheque or money transfer, passage of title is effected by the unconditional crediting of the total invoice amount to the H.V. Vermarktungs- und Auktions GmbH account with the UniCredit Bank, Elmshorn.

VII. The exhibitor may refuse delivery of the horse until the total invoice amount has been fully paid. In the event that passage of title is not effected on the auction day no later than 8 days afterwards, the H.V. Vermarktungs- und Auktions GmbH can decide to have the horse stabled at the organizer's Elmshorn facility at the purchaser's risk and expense. The costs for this amount to € 50.00 plus 19 % VAT per calendar day. In the absence of payment, the buyer is liable for damages to the exhibitor and to H. V. Vermarktungs- und Auktions GmbH. The purchaser is entitled to the Certificate of Ownership only after passage of title has been effected.

VIII. In the event that the purchaser does not pay the total invoice amount within five working days (including Saturday) after the day of the auction, the exhibitor as seller can withdraw from the purchase contract and sell the horse elsewhere. The first purchaser is liable for any possible loss and also liable to pay damages to the organizer.

IX. The exhibitor transfers their claim against the purchaser for payment of the selling price (knock-down price + VAT) to the H.V. Vermarktungs- und Auktions GmbH, Elmshorn, as organizer, for collection and settlement. In the event of delayed payment by the purchaser, the organizer does not advance funds to the exhibitor. In the event of delayed payment, the organizer is authorized to take action for payment of the selling price and the ancillary claims against the purchaser on behalf of the exhibitor without requiring the exhibitor's special order. The costs for the judicial assertion of the claim are born by the exhibitor.

X.  The organizers of the auction sale draw attention to their reserved right to pay a commission to third parties causally involved in the conclusion of the purchase contract from the agency fee.

XI.  Purchasers with their residence or seat in the European Union outside Germany pay the statutory German sales tax/VAT which will be refunded if they provide proof to the organizer by submitting their VAT identification number that the horse is purchased for their business and is to be exported immediately after the purchase.  Horses may only be shipped between the member states of the EU if accompanied by a health certificate issued by a government veterinarian (guideline 2009/156 EG). The organizer will arrange for this health certificate to be issued by the competent government veterinarian, if the purchaser informs the organizer of the scheduled date of transportation at least two days in advance and submits an official transportation plan. A flat fee of € 100 (incl. VAT) is charged for this statutory certificate. A purchaser exporting to non-EU states will be invoiced at actual cost.

D.    Agreement on the Legal and Factual Nature
The exhibitor as seller warrants the quality of the horse at transfer of risk as described and stipulated below:

1) the information stated on the auction website https://holsteiner.auction.de regarding pedigree and age, as well as sex and colour. Information about the horse has been provided by the breeder or extracted from stud book data. Results have been achieved in Germany predominantly

2) the physical condition as documented
• by radiographs
-    front hooves left and right 90° 
    centered on the coffin joint
-    front digits left and right (90°) 
    centered on the fetlock joint
-    overview picture hind digits left and right (90°)
-    tarsal/hock joints left and right 0°, 45° and 115°
-    stifle joints left and right 110° and 180°
-    Oxspring left and right, with a view of the fetlock         joint space
-    Three pictures of the spine (thoracic spine and         front part of lumbar spine, as far as possible with         vertebral bodies      
• by the equine practitioners‘ Clinical Examination Certificate (contact information page 54).

Beyond that, no written or verbal statements by the veterinarian or organizer's agent shall incur warranty. The radiographs and the equine practitioners' Clinical Examination Certificates can be reviewed at the organizer's marketing office on the day of the auction. Moreover, the radiographs and the equine practitioners' Clinical Examination Certificates can be requested for review from the organizer in the run up to the auction.
 

E.    Exclusion of Warranty, Time Limits for Notification, Rectification of Defects
I.  The exhibitor as seller excludes any warranty beyond the qualities stipulated by D, that is other than that, each horse is sold under exclusion of any warranty.

II. In order to claim warranty, a notification of defects has to be submitted in written form to the exhibitor or the organizer within a three week cut-off period after passage of risk.
Exhibitor's contact details are given on the Holsteiner auction website https://holsteiner.auction.de. The date decisive for compliance with the time limit is the complaint's receipt.

III. The purchaser‘s failure to observe the time-limit results in the loss of any possible claim arising from the complaint. The seller bears the cost for the medical opinion if the letter of complaint is confirmed by the result, otherwise the purchaser.

IV. Liability for slightly negligent breach of cardinal obligations is limited to damages foreseeable at the time of the contract’s conclusion and typical for the contract. Cardinal obligations are duties whose fulfilment is a prerequisite for the proper execution of the contract and upon the adherence to which the contracting party relies and may rely.  

V. The warranty and liability limitations and exclusions as stated above do not extend to 
-    liability claims as to damages of life, body or health resulting from negligent breach of duty by the seller or the H.V. Vermarktungs- und Auktions GmbH, Elmshorn, or wilful or negligent breach of duty by a legal representative or vicarious agent of the seller or the H.V. Vermarktungs- und Auktions GmbH, Elmshorn
-    liability claims as to other damages resulting from gross negligent breach of duty by the seller or the H.V. Vermarktungs- und Auktions GmbH, Elmshorn, or wilful or gross negligent breach of duty by a legal representative or vicarious agent of the seller or the H.V. Vermarktungs- und Auktions GmbH, Elmshorn.
 

F.    Limitation Period
Warranty for deficiencies regarding D. 1) and D. 2) as stipulated by these conditions is limited to three months after passing of risk. 

The limitation period does not apply in the event of damages to life, body, or health resulting from negligent breach of duty by the seller or the H.V. Vermarktungs- und Auktions GmbH, Elmshorn, or wilful or negligent breach of duty by a legal representative or vicarious agent of the seller or the H.V. Vermarktungs- und Auktions GmbH, Elmshorn. Moreover, the limitation period does not apply in the event of other damages resulting from gross negligent breach of duty by the seller or the H.V. Vermarktungs- und Auktions GmbH, Elmshorn, or wilful or gross negligent breach of duty by a legal representative or vicarious agent of the seller or the H.V. Vermarktungs- und Auktions GmbH, Elmshorn.
 

G.     Other Costs, Insurance

I. Horses are handed over with a halter and a new rope.

II. For all horses put up for auction, the H.V. und Auktions GmbH has stipulated obligatory insurance with the Vereinigte Tierversicherung as follows:
1) Insurance coverage takes effect with the knockdown.
2) Insurance coverage expires after 12 weeks, with the insurance sum equal to the total amount payable by the purchaser.
3) Shipping of the horse to the buyer’s first stable is included within the insurance period.
4) The indemnity to be granted is 80 % of the particular insurance sum (max. 175,000 euros) minus possible realisation proceeds. In the event of damage or loss, the H.V. Vermarktungs- und Auktions GmbH and the insurance company must be notified without delay.
5) For detailed terms and conditions we refer to the information given by the VTV insurance company on page 75.
 

H.     Changes, Applicable Law, Jurisdiction, Severability Clause

I. H.V. Vermarktungs- und Auktions GmbH and auctioneer reserve the right to alter the event's proceedings and schedule. Changes will be announced in due time.

II. German Law shall apply under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (GISG).

III. Place of performance is Elmshorn.

IV. Place of jurisdiction for all conflicts arising out of the contract between purchaser and organizer, the H.V. Vermarktungs- und Auktions GmbH, shall be the organizer's registered seat, provided that the purchaser is a merchant, a legal entity governed by public law or specialized agency subject to public law or the purchaser has no place of general jurisdiction in Germany.

V. In the event that any of the conditions stated above should become partially or entirely void, this shall not affect any of the other conditions.

VI. In any case of discrepancy between the German and the English version of the Auction Terms and Conditions, only the German version shall apply. For the interpretation, the German version is relevant and shall take precedent also when interpreting the English version.

Important Consumer information on Contracts for the Sale of Goods from 1 January 2022

Since 01 January 2022 new provisions for the sale of goods apply for contracts between merchants and consumers under sections 474-479 BGB.

These consumer-protecting provisions do not apply for this auction under section 474 subsect. 2 clause 2 BGB.

This applies regardless whether you are buying from a consumer or a merchant. 

Accordingly the special provisions do not apply for used goods sold through a publicly accessible auction (section 312g subsection 2 No: 10 BGB), if clear and comprehensive information that the provisions of this subtitle (sections 474-479) do not apply is made easily available to the consumer.  

The horses offered at this event are animals which have been separated from their dams for some time now. As a result, they have undergone an independent development over a longer period and have been sexually mature for quite some time. Regardless of their ridden status and use for breeding they are thus considered as “used” in the sense of the law (BGH, decision from 09 October 2019 – VIII ZR 240/18)

Horses are not things. They are protected by special laws and regulations. They are governed by the provisions that apply to things, except insofar as otherwise provided, section 90a BGB. At this event horses are not sold by way of an execution of judgement, compare section 241a subsection 1 part I BGB. This means that provisions applicable to goods like section 474 subsection 2 clause 2 BGB can be applied to them as well.

The procedure used at this event is a method of sale where goods are offered by merchants to consumers, who are given the possibility to attend the event in person. The offered goods are sold through a transparent, competitive bidding procedure carried out by an auctioneer where the successful bidder is obliged to purchase the goods. This means it is a publicly accessible auction, compare section 312g subsection 2 No. 10.

Special provisions favouring the consumer like shifting of the burden of proof in case of deficiencies (section 477 BGB), negative agreements on quality (section 476 subsection 1 BGB), withdrawal and damages (section 475d BGB) and limitation period (sections 475e subsection 3, 476 subsection 2 BGB) do not apply for this event.

As a matter of course, the general provisions on warranty for defects under sections 434, 435, 437 and following BGB remain unaffected. On this topic please take note of the modifications under our general terms and conditions. 

This means:

1. Shifting of the Burden of Proof
Should you notice a material defect, for example an injury or lameness in the horse within a year of the conclusion of the sales contract, under the convention on contracts for the sales of consumer goods the seller would have to provide proof that the defect did not exist when the risk was passed.  

This does not apply to contracts concluded at this event!

You have the burden of proof that a material defect was already in existence at the time of passing of risk. 

2. Negative Agreement on Quality
Possible deficiencies in a horse will be documented by the pre-purchase veterinary examination on site.  

When selling consumer goods, the seller has to specifically inform you on any material defects under section 434 subsection 3 BGB and a deviation from the objective quality and condition must be separately agreed on in the contract. 

Material defects in the sense of section 434 subsection 3 BGB are objective and factual, being of such a condition as to render the purchased object unsuitable for the normally intended use, or to deviate negatively from the usual condition and quality you may expect. 

This particular obligation to communicate information does not apply for this event! 

The veterinary pre-purchase certificates can be viewed by any person in the auction office and on the corresponding website and are an integral part of the contract under the general terms and conditions. You may consult with your own veterinarian to have the stated findings evaluated and interpreted. Risks and deficiencies resulting from the statements of the veterinary certificate are accepted by you.   

As to these deficiencies you cannot claim warranty for defects, and there is no need to further communicate special information. 
 

3. Withdrawal and Compensation 
Special provisions for withdrawal and compensation for damages apply to the purchase of consumer goods. 

In particular, when buying consumer goods, you just have to notify the seller of the defect without having to specify a period of time to remedy the deficiencies in order to be then able to withdraw.

Moreover, in the event a defect becomes apparent in spite of supplementary performance on the merchant’s side, as a buyer of consumer goods you have for example the right to withdraw regardless whether it is the old defect or a new one.  

This does not apply to contracts concluded today!

To invoke withdrawal and compensation in place of performance you have to specify a period of time to remedy the deficiencies. 

The seller has a right to remedy the defect. Whether or not the remediation of the defect has failed must be decided on an individual basis. Remediation is deemed to have failed after two unsuccessful attempts to remedy. 
 

4. Period of Limitation
Normally when buying consumer goods, the period of limitation for warranty claims does not expire before the end of four months after the time the defect has become apparent for the first time. 

In the event a deficiency becomes apparent shortly before the period of limitation expires, you have four month to notify the seller of the defect, regardless of the fact that in the meantime the period of limitation might have expired. 

This relief regarding the period of limitation does not apply for contracts concluded at this event!

Even when you notice defects shortly before the period of limitation expires, you must notify us within the period of limitation.