General Terms and Conditions for Riding Horses
1. General Information - Scope
We, the ESI Trading GmbH, entered in the Register of Companies at the District Court (Amtsgericht Oldenburg (Oldb.), Rossegarden 5, 49688 Lastrup (hereinafter only referred to as organiser), run the auction of horses of sellers on the internet (hereinafter only referred to as internet auction) in our own name and for the account of a third party. As the organiser of the purchase agreement with the purchaser as well as of the legal relationship with the bidder (also only referred to as user or customer) and the breeder, we take these online auction conditions (hereinafter only referred to as General Terms and Conditions) as a basis.
Our General Terms and Conditions shall apply exclusively; we do not recognize any conflicting conditions or conditions deviating from our General Terms and Conditions unless we have explicitly confirmed their validity in writing. Our General Terms and Conditions shall also apply if we fulfil delivery without reservation even though we are aware of conflicting conditions or conditions of the purchaser which deviate from our General Terms and Conditions.
All agreements reached between us and the purchaser for the purpose of the execution of an agreed contract shall be set forth in these General Terms and Conditions.
We reserve ownership and copyrights to any and all images, videos, drawings, descriptions and other documents that have been used by us for the auction. Before revealing them to third parties, the purchaser, the bidder or any other third party needs our express written consent.
Our General Terms and Conditions apply in principle in the same way towards companies (§ 14 German Civil Code) and towards consumers (§ 13 German Civil Code), unless their validity is explicitly limited in terms of individual clauses in its scope.
2. Organisation and execution of the online auction
2.1. Login (registration) and user account
The participation in an auction is only permitted for the natural or legal persons who have registered with the organiser. At the opening of the registration, all the questions asked by the organiser in the registration form have to be duly and correctly answered and required copies may have to be attached. A registration can be deleted at any time without giving reasons in the section “Delete my registration” on our internet platform; in this case, all registered data will be permanently deleted, as long as it is not necessary for an ongoing bidding process or the processing of a purchase that has already taken place. In this case, the deletion will only take place when it is definitely concluded that the data is not needed. For more information, please refer to number 9 of these general terms and conditions.
Representation and legal capacity
(a) To register for use, natural persons must be of legal adult age and have unlimited capacity to conduct business.
(b) Natural authorised representatives of a legal entity must be mentioned by name.
(c) Registered users receive a password. Every user is obliged to keep the password confidential.
2.2.Sequence of the internet auction
(a) The respective internet auction begins with an offer placed on the internet by the organiser on the platform. This is a declaration of intent directed towards the conclusion of a sales agreement by the organiser. With the offer, the bidding time is also defined by the term "auction end". This offer cannot be accepted by a simple “yes”, but is a pre-declared acceptance of the maximum bid. The organiser will only accept the maximum bid that was placed effectively by a bidder according to the terms of these general terms and conditions during the aforementioned bidding time.
(b) Bids can exclusively only be placed on the mask installed from the platform for registered bidders and only online. Bids that have been placed in other ways will not be taken into account, even if the organiser receives them during the bidding period. Bids, for which the bidder has not stated that he agrees with the validity of these general terms and conditions for his concrete bid and that he has taken note of the right of withdrawal, are also not accepted. Bids placed until the end of the auction that are submitted for the registered user under “bid” according to these general terms and conditions, only participate in the auction if they reach the organiser before the end of the auction. The bidder bears the risk of the submission.
(c) Before the submission of the bid, the content of the bid, including the customer data, will be summarised on an overview page. The bidder can correct his bid in the change fields provided for this purpose. By clicking on the button “submit bid”, the bidder submits a binding bid to the organiser for the conclusion of a purchase agreement. After submitting the bid, the bidder receives an automatically generated e-mail from the organiser, confirming that we have received the bid and indicating the details (confirmation of receipt). This confirmation of receipt does not constitute acceptance of a contract but only serves as confirmation of participation in the auction with the submitted bid. Each bid of each bidder will be rendered invalid with the submission of a higher bid. The respective bidder is bound to the submitted bid until the end of the bidding period. Bids, that are below the minimum bid, do not participate in the auction, even if the organiser does not receive a higher bid by the end of the auction. The purchase contract for the auctioned horse is made without any separate surcharges with the effective highest bid submitted by the registered bidder (user or customer) at the end of the bidding period.
(d) An effective bid must correspond to the minimum bid and, moreover, at least one bidding step above the previous bidder's bid. The bidding step amounts 500,00€ for all horses entered in the auction. The bidder shall be informed by e-mail or by another appropriate means if his bid is accepted and also if he has been outbid.
All indicated bids are subject to the applicable value added tax (currently 19%).
(e) Information of the conclusion of the contract: The bidder who has submitted the highest effective bid at the end of the auction will be notified by e-mail or by another means on a durable medium in text form. The receipt of the notification is the confirmation of the purchase contract that has already been concluded and not an additional condition for its conclusion. Bidders who have not submitted the highest bid do not receive a notification. The maximum bid will be indicated anonymously on the platform immediately after the end of the bidding period. The notification to the purchaser includes, according to § 312 f of the German Civil Code, a confirmation of the contract, in which the content of the contract is repeated, and contains the information required by Article 246a of the Introductory Law to the German Civil Code, including the right of revocation.
(f) We shall be entitled, at our discretion, to block registered bidders for individual auctions of individual objects or for a specific period or in general and thus fully or partially exclude from the authorisation of participation in auctions. This is only permissible if there is an important reason for which the continuation of a legal relationship with the blocked person is no longer reasonable for us.
(g) The organiser can cancel an auction at any time before the end of the bidding period, if he decides so with an objective reason at his reasonable discretion. In case of a system failure due to technical circumstances, the organiser is also entitled to cancel the auction. In this respect, we explicitly reserve the right to revoke our respective bid submitted online according to 3. The decision of cancellation will be announced on the internet platform stating the reason. The bids that have already been submitted become invalid without replacement with the announcement. This reservation to revoke our offer to sell to the highest bidder shall terminate at the end of the auction, which has been carried out according to the announcement and ended at the end of the bidding period, without any separate declaration being necessary. Claims for compensation from bidders for technical problems of the processing of the internet auction, in particular for system failure, non-access to bids or their refusal due to technical reasons are inadmissible.
(h) During the ongoing auction, the organiser maintains a hotline, which can be reached at the expense of the caller during the time specified on the internet platform and with the fees stated there. The hotline is only used to resolve process problems, and not to receive bids. No commitments or contractual agreements, regardless of their type, will be made via the hotline.
3. Information on the auction lot
The horses that will be auctioned on the organiser’s platform will be presented with the following information:
Name of the horse, sex, age, colour, height, photos, video, pedigree.
The above information is merely a description of the object of the auction, the organizer does not assume any guarantee of corresponding appearance and the information is not content of quality agreement in view of the future purchase contract. The size indications are only approximations. A difference with the actual size is possible.
We do not guarantee the ability to breed of the presented horses. In particular, the fertilisation ability of stallions and ability to breed of mares have not been tested by the organiser. The fertilisation ability or ability to breed are not agreed qualities.
The minimum bid in euros will also be stated for the horse entered in the internet auction.
The location of the horse after the end of the auction is at the organiser. Due to the technical and organisational development of the Internet auction, a visit to the horse before the conclusion of the purchase contract is only possible after previous arrangement.
The horses presented in the internet auction have been clinically examined to prepare for the internet auction. Furthermore, all 2-year-old and older horses have been x-rayed. The X-ray images of the following standard projections were taken:
Front toes on both sides at 90°, front feet on both sides at 90° and front feet on both sides at 0° with Oxspring method
Back toes on both sides at 90°, hocks on both sides at 0°, approx. 45°, approx. 135°
Knee on both sides (approx. 90° and 180°)
Three x-rays in the range revoltedto lumbar spine
The clinical examination carried out has been recorded in a veterinary inspection report that can be consulted by the registered customer on a link for the auction horse. The bidder is advised to have the veterinary inspection report interpreted at his own expense by his own veterinarian. He can request the X-rays from the veterinarian who took them at the bidder’s cost. The bidder is strongly advised to make use of this access to information about the health of the horse in his own interest. He cannot submit any bid as long as he has not stated that he has received the indication that he has been given access to the clinical examination documents and to the X-rays. The result, in the form of an objective diagnosis, referring exclusively to the written and visible veterinarian inspection report and the condition evidenced by the X-ray images is a description of the health condition of the horse engaged in the internet auction but does not constitute a consistency agreement within the meaning of § 434 of the German Civil Code. The minimum bid in euros will also be stated for the horse entered in the internet auction. The location of the horse during the auction and after the end of the auction is at the organiser.
4. Price - Terms of payment
All indicated prices and bids are subject to the value-added tax applicable at the time (currently 19%). These will be separately stated on the invoices. The settlement amount will be calculated as follows:
+ 6% commission fee
= net amount
+ value added tax according to VAT Act (19%)
= final balance amount
With the confirmation of the purchase agreement, the bidder will receive the invoice indicating the price and the value-added tax.
The deduction of cash discount is not permitted.
The purchase price is due immediately and without deduction upon confirmation of the conclusion of the purchase agreement. The legal requirements regarding consequences of delayed payment apply. The auctioned horse may only be handed over to the buyer or the carrier after payment of the purchase price. It is expressly pointed out that, in accordance with the following paragraph (8), additional standing charges may also be incurred in the case of timely payment.
The purchaser will be only entitled to rights of set-off, if his counterclaims are legally established, undisputed or recognized by us. The purchaser shall be entitled to exercise a right of retention to the extent that his counterclaim is based on the contractual relationship.
4.2 Collection of the horse / Place of fulfilment / Transfer of risk
In principle, the bidding price applies to collection by the purchaser from the location of the horse. The indicating location is the place of performance agreed upon after conclusion of the contract.
The dispatch of the auctioned horse does not take place upon request of the purchaser. We are however prepared, upon request, to name without obligation several transporters with contact details to choose from, who can take on the transport on behalf of and for the account of the purchaser and provide good standard delivery.
With conclusion of the purchase contract, the risk shall be passed on to the purchaser in accordance with paragraph 446 of the German Civil Code, even if the horse initially remains under the care of the organiser or the seller.
The auctioned horse must be picked up by the purchaser within a period of 3 working days (excluding Saturdays) after the purchase at the location simultaneously against payment of the purchase price or against advance payment and will be, until then, kept and looked after by the organiser free of charge. From the fourth working day (excluding Saturdays), we will charge an amount of 15€ plus VAT per calendar day for the keep and livery of the auctioned horse, without prejudice to the further obligation of collection.
5. Defect rights
In case of a defect of the auctioned horse, the statutory provisions apply - with the exception of the claim for damages. In the event of claims for damages due to a defect of the horse, the rules on compensation liability and compensation limitation set out in paragraph 6 shall apply.
6. Compensation Liability and Limitation
(a) The seller will be liable in accordance with statutory provisions in so far as the client makes claims for damages that are based on intent or gross negligence, including intent or gross negligence by his representatives or vicarious agents. If the seller is not involved in intentional breach of contract, the liability for compensation shall be restricted to foreseeable losses that typically occur.
(b) The seller is liable in accordance with statutory provisions, in so far as he is culpably in breach of a material obligation under the contract; in such a case however, the liability to pay compensation is limited to the foreseeable loss that may typically be expected.
An important contractual obligation exists if the breach of duty applies to an obligation upon whose fulfilment the customer had relied upon and should be able to rely upon.
(c) If the customer is otherwise entitled to compensation for the damage instead of the service due to a negligent breach of duty, the seller's liability is limited to compensation for the foreseeable, typically occurring damage.
(d) Liability on account of culpable injury to life, limb or health shall not be affected; this shall also apply to mandatory liability as provided for in product liability law.
(e) Any liability for damages other than the aforementioned is excluded, regardless of the legal ground of the asserted claims. This applies particularly to damage claims for liabilities resulting from contract closure, due to other non-fulfilment of commitments or legal claims for property damage according to § 823 of the German Civil Code.
(f) The limitation according to paragraph (e) shall also apply if the customer - instead of asserting a claim for damages - demands restitution of expenses incurred rather than fulfilment of obligations.
(g) As far as the liability for compensation against the seller is excluded or restricted, this shall be valid as well with respect to the personal liability for compensation of his employees, staff members, representatives and vicarious agents.
7. Retention of title
The ownership of the auctioned horses is only transferred to the buyer after full payment of the purchase price plus commission and VAT. The transfer of title remains reserved until all due claims from the business relationship have been paid.
Prior to the transfer of title, pledging, transfer by way of security, processing or transformation is not permitted without the consent of the organizer or seller.
8. Statutory limitation, obligation to inspect and give notice of defects
The statutory period of limitation of claims including claims for damages is 12 months, starting from the beginning of the statutory limitation period. This does not apply for claims specified in § 437 of the German Civil Code, when the purchaser is a consumer and the purchased horse is not assessed as a used good in the sense of § 475 para. 2 of the German Civil Code. In this case, the statutory period of limitation is 2 years.
Insofar as the purchaser is an entrepreneur within the meaning of §310 para. 1 of the German Civil Code, the purchaser’s claims for damages require that he has properly fulfilled his obligations to inspect and to give notice of defects according to § 377 of the German Commercial Code.
9. Place of Jurisdiction - Place of fulfilment - Data protection
If the customer is a merchant and the disputed business relationship is attributable to the operation of his trade, our place of business is the place of jurisdiction; however, we are also entitled to sue the customer at his local court. All rights and obligations arising from and in connection with the contractual relationship shall be governed by the non-unified German law, namely the law of the BGB (German Civil Code)/HGB (German Commercial Code). The UN Convention on Contracts for the International Sale of Goods (CISG: United Nations Convention on Contracts of the International Sale of Goods of 11.04.1980) shall not apply.
We collect and store the client's data which is necessary for business processing. With regard to the processing of personal data of the customer, we comply with the legal provisions. Further details can be found on our online privacy statement. The customer shall, at any time, upon request, obtain information regarding the recording of any personal data.
10. Final provisions
(a) These general terms and conditions are available in German and English versions. In the event of discrepancies, only the German version is valid; for interpretations, the German version is primarily to be consulted and decisive, as is also the case for interpretations of the English version.
(b) The organiser reserves the right to modify or to complete these internet auction terms and conditions for the future. Approved bidders will be notified by e-mail of any changes or additions to these terms and conditions during ongoing auctions. The amended or supplemented conditions shall only apply if the bidder makes another bid after receipt of the notification.
(c) The European Commission has set up an online dispute resolution platform (called ODR platform). The Online Dispute Resolution Platform is intended for out-of-court resolution of disputes arising from online contracts. You can access the ODR platform under the following link: http://ec.europa.eu/consumers/odr
In accordance with § 36 of the German Act on Resolution of Disputes with Consumers (VSBG), we inform you that we are neither willing nor obliged to take part in proceedings to resolve disputes before a consumer arbitration body.
(d) Should individual provisions of these General 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 provisions. The same applies accordingly in the event that the contract proves to be incomplete.