Hencel GmbH, registered in the commercial register of the Local Court of Steinfurt, represented by its managing directors Mr. Marcel Werning and Mr. Henrik Schulze Vels (hereinafter referred to as the “Organizer”), conducts online auctions for the sale of horses and ponies by auction (hereinafter referred to as the “Auction”).
The Organizer organizes and moderates the Auctions and provides the technical platforms required for this purpose. The sale of the horses and ponies offered in the respective auction lots is carried out exclusively in the name and for the account of the respective seller. This is a brokerage transaction. The Organizer does not become a party to the purchase agreements concluded between the seller and the purchaser. These Terms and Conditions shall apply to the purchase agreement with the buyer as well as to the legal relationship between the buyer, seller, bidder, and consignor.
The Auctions take place exclusively online. The horses and ponies offered are legally sold as used goods.
These General Terms and Conditions (GTC) shall apply exclusively. Any terms and conditions of the purchaser, bidder, or other contractual partner that conflict with or deviate from these GTC shall not be recognized.
The Organizer retains ownership and copyright to all images, videos, drawings, descriptions, and other documents used in connection with the Auction. Any disclosure, reproduction, or other use by bidders, purchasers, or third parties requires the Organizer’s prior express written consent.
These GTC apply equally to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) and consumers within the meaning of Section 13 BGB, unless individual provisions are expressly limited to specific groups of persons.
Participation in an online auction is permitted only to natural persons or legal entities who have registered with the Organizer. When registering, all questions asked by the Organizer in the registration form must be answered properly and truthfully, and any required copies must be attached. Should any of the data provided during registration change, the user is obliged to notify the Organizer of such change without undue delay by email.
Submitting the registration form simultaneously constitutes a binding offer to the operator of the online platform to conclude a user agreement. If the registration is accepted, the user will receive confirmation by email containing a personalized link. At the same time, a user agreement with the operator of the online platform comes into existence. To complete the registration process, the user must click on the link contained in the confirmation email.
A registration may be deleted at any time without stating reasons; in such case, all registered data shall be permanently deleted, provided that such data is not required for an ongoing bidding procedure or the processing of a purchase already made. In such case, deletion shall only take place once it is definitively established that the data is no longer required.
Each user may register only once. Registration is non-transferable.
Natural persons may only register for use if they are of legal age and have full legal capacity. Natural persons authorized to represent a legal entity must be named individually.
Registered users will receive a password. Each user is obliged to keep the password confidential.
Only horses and ponies that have been approved by the Organizer within the framework of a pre-selection procedure may participate in the Auctions. The Organizer determines the criteria a horse must meet in order to participate in the Auction. The Organizer is entitled at any time and without stating reasons to exclude a horse from the Auction or to refuse its admission, even if the horse has previously been provisionally selected or registered.
A horse is registered for the Auction by completing and signing the auction order during the pre-selection appointment. By registering, the seller instructs the Organizer to sell the horse in the name and for the account of the seller by way of online auction to the highest bidder.
After registration, the horse remains with the seller. During this time, the seller alone is responsible for the horse’s care, accommodation, supervision, and traffic safety obligations. By prior arrangement, interested parties may try out the horse at the seller’s premises. Appointments are coordinated through the Organizer. The Organizer is entitled, but not obliged, to participate in such trial appointments.
If a registered horse is not admitted to the Auction or is excluded before the Auction is conducted, the seller shall bear all costs arising therefrom.
The Organizer prepares the digital auction catalog on the basis of the information provided by the seller. The seller is obliged to carefully check the accuracy, completeness, and timeliness of the published information about the horse before it is activated online.
The Organizer assumes no liability for the accuracy or completeness of the information provided, in particular not for descriptions, pedigree information, video material, or image material.
(a) The respective online auction begins with an offer posted by the Organizer on the platform on the internet. This constitutes a declaration of intent by the Organizer aimed at concluding a purchase agreement. The offer also determines the bidding period by specifying the start and end of the auction. This offer cannot be accepted by a simple “yes”; rather, it constitutes an advance declaration of acceptance of the highest bid. The Organizer shall accept only the highest bid that is validly submitted by a bidder within the specified bidding period in accordance with these GTC.
(b) Bids may only be submitted online and exclusively through the mask installed on the platform for registered bidders. Bids submitted in any other manner shall not be taken into account, even if they are received by the Organizer during the bidding period. Bids in respect of which the bidder has not declared acceptance of these GTC for their bids and acknowledged the cancellation policy shall likewise not be accepted. Bids submitted by the registered user under “Bid” in accordance with these GTC shall only participate in the auction if they are received by the Organizer by the end of the auction. Transmission shall be at the bidder’s risk.
(c) Before submitting a bid, the content of the bid, including the customer data, is summarized on an overview page. The bidder may correct the bid there using the designated amendment fields. By clicking the button “Submit Bid,” the bidder makes a binding offer to conclude a purchase agreement. After the bid has been submitted, the bidder receives an automatically generated email from the Organizer confirming receipt of the bid (confirmation of receipt). This confirmation of receipt does not constitute acceptance of the contract, but merely confirmation of participation in the auction with the submitted bid. Each bid by a bidder is submitted subject to the resolutory condition that a higher bid is submitted. The respective bidder is bound by the submitted bid until the end of the bidding period. Bids below the minimum bid shall not participate in the auction, even if no higher bid is received by the Organizer by the end of the auction. The purchase agreement for the auctioned horse is concluded at the end of the bidding period, without any separate acceptance declaration, by the valid highest bid submitted by the registered bidder (user or customer).
(d) A valid bid must at least correspond to the minimum bid and must furthermore exceed the previous bidder’s bid by at least one bidding increment.The starting bid for each auction horse is either €3,000 or €6,000, as indicated on the respective auction page. Minimum bid increments are €250 for bids of €3,000 and above, €500 for bids of €10,000 and above, €1,000 for bids of €15,000 and above, and €2,000 for bids of €30,000 and above. The bidder shall be informed by email or in another suitable manner on the online platform that the bid has been accepted and likewise if the bidder has been outbid.
All bids stated are in EUR plus the applicable value added tax (currently 19%).
(e) Notification of conclusion of contract: The purchase agreement for the auctioned horse is concluded, without any separate acceptance declaration, by the valid highest bid submitted by the registered bidder at the end of the bidding period. The bidder who has submitted the highest valid bid at the end of the auction shall be notified thereof by email or in another form on a durable medium in text form. Receipt of the notification is confirmation of the purchase agreement already concluded and is not an additional requirement for the contract to come into existence. Bidders who have not submitted the highest bid shall not receive any notification. The highest bid shall merely be stated anonymously on the platform immediately after expiry of the bidding period. In accordance with Section 312f BGB, the notification to the purchaser includes confirmation of the contract reproducing the content of the contract and includes the information required under Article 246a of the Introductory Act to the German Civil Code, including the cancellation policy.
(f) At its own discretion, the Organizer is entitled to block registered bidders from individual auctions, individual objects, for a certain period of time, or generally, and thereby exclude them, in a limited or unlimited manner, from participation in auctions. This is permissible only where there is good cause from which it follows that continuation of the legal relationship with the blocked person can no longer reasonably be expected.
(g) The Organizer may terminate an auction at any time before the end of the bidding period if, in the presence of an objective reason, it decides to do so at its reasonable discretion. In the event of system failures due to technical circumstances, the Organizer is likewise entitled to terminate the auction. In this respect, the Organizer expressly reserves the right to revoke the respective offer posted on the internet pursuant to Section 3. The decision to terminate shall be communicated on the online platform together with a brief indication of the reason. All bids already submitted shall expire without replacement upon such notification. This reservation of the right to revoke our offer of sale to the highest bidder shall expire, in the case of an auction conducted as announced and ended upon expiry of the bidding period, upon the end of the auction without the need for a separate declaration on our part.
Claims for damages by bidders in the event of technical problems in the handling of the online auction, in particular in the event of system failures, failure of bids to be received, or their rejection for technical reasons, are excluded.
(h) During ongoing auctions, the Organizer maintains a hotline that is available during the times stated on the online platform, at the charges specified there and at the caller’s expense. This hotline serves solely to resolve processing issues and not to accept bids. No assurances or contractual agreements of any kind are made via the hotline.
The horses offered for auction on the platform are presented with the following information:
Horse name, sex, age, color, size, pictures, video, pedigree.
The above information merely constitutes a description of the auction object. The Organizer does not thereby assume any guarantee for a corresponding quality, nor does such information form part of an agreement on quality with regard to the future purchase agreement. Size specifications are approximate values. Deviations from the actual size are possible.
No guarantee is given regarding the breeding suitability of the horse entered in the Auction. In particular, the fertility of stallions and the breeding capability of mares have not been examined by the Organizer. Fertility or breeding capability do not constitute agreed qualities.
The information and descriptions provided do not constitute information within the meaning of an agreement on quality.
The minimum bid (in Euro) for the horse entered in the online auction is also stated.
The horses entered in the online auction have undergone a clinical examination in preparation for the online auction. In addition, all horses aged 2 years and older have been x-rayed. This applies to horses aged 30 months and older. X-rays of the following standard projections were taken:
Front toe on both sides 90°, front hoof on both sides 90° and front hoof on both sides 0° according to Oxspring; hind toe on both sides 90°, hock joint on both sides 0°, approx. 45°, approx. 135°; knees on both sides approx. 90° and 180°.
A veterinary examination report has been prepared in respect of the clinical examination performed, which can be viewed by registered customers via a link attached to the horse entered in the Auction. The bidder is recommended to have the veterinary examination report interpreted by their own veterinarian at their own expense. Such veterinarian may request the x-rays from the veterinarian who produced them, at the bidder’s expense.
The bidder is strongly advised, in their own interest, to make use of this opportunity to obtain information regarding the health condition of the respective horse. No bid may be submitted until the bidder has declared that they have received notice of the possibility to inspect the examination documents prepared in connection with the clinical examination and the x-rays. The result in the form of objective findings contained in the written examination report relating exclusively to the clinical examination and available for inspection, as well as the condition visible in the x-rays, constitutes a description of the health condition of the horse entered in the online auction, but does not constitute an agreement on quality within the meaning of Section 434 BGB. The minimum bid in EURO for the horse entered in the online auction is also stated.
The Organizer and the seller do not provide any guarantee. This applies in particular also to specific characteristics of the horse or intended uses. The parties agree that the horse’s future development and future abilities are not foreseeable. Any oral statements made by the seller or the Organizer regarding the classification of the horse as a riding horse, sport horse, or breeding horse, as well as regarding its predominantly long-term suitability, do not constitute characteristics of quality or guarantees, but are based on subjectively influenced impressions of the seller, the Organizer, or a person commissioned by them. No quality agreement or guarantee regarding particular sporting or breeding abilities and performances of the horse is associated herewith.
All prices and bids stated are exclusive of the applicable value added tax (currently 19%). This shall be shown separately on the invoices.
The invoice amount is calculated as follows:
Hammer price
Upon confirmation of the conclusion of the purchase agreement, the bidder shall receive the invoice stating the price and the value added tax.
Deduction of any cash discount is not permitted.
The purchase price shall become due immediately and without deduction upon confirmation of the conclusion of the purchase agreement. The statutory provisions regarding the consequences of default in payment shall apply.
The auctioned horse shall only be handed over to the purchaser or to the carrier after payment of the purchase price has been made. It is expressly pointed out that additional boarding costs may arise even in the case of timely payment.
The purchaser shall only have rights of set-off if the counterclaims have been finally adjudicated, are undisputed, or have been acknowledged by the Organizer. The purchaser may exercise a right of retention only insofar as the counterclaim is based on the same contractual relationship.
As a matter of principle, the bid prices apply ex location of the horse in the case of collection by the purchaser. The stated location is the place of performance agreed under the concluded contract.
The auctioned horse shall not be shipped. However, upon request, the Organizer is willing, without obligation, to name several carriers together with contact details for selection, who may undertake transport on behalf of and for the account of the purchaser against remuneration as a low-cost standard delivery.
Upon conclusion of the purchase agreement, the risk within the meaning of Section 446 BGB passes to the buyer, even if the horse initially remains in the custody of the Organizer or provider.
The auctioned horse must be collected by the purchaser within a period of 2 weeks after the purchase at the location, concurrently against payment of the purchase price or against advance payment.
If a consumer goods sale exists, the statutory provisions shall apply.
If no consumer goods sale exists, the horse shall be sold under complete exclusion of any liability and warranty. This shall not apply to liability for grossly negligent and/or intentional breaches of duty by the seller and/or a vicarious agent, nor to liability for damage resulting from injury to life, body, or health. Furthermore, this shall not apply to liability for the breach of obligations whose fulfillment is essential for the proper performance of the contract and on whose compliance the buyer may regularly rely, nor in cases of fraudulent intent.
The brokerage is carried out under exclusion of any liability and warranty. This shall not apply to liability for grossly negligent and/or intentional breaches of duty by the broker and/or a vicarious agent, nor to liability for damage resulting from injury to life, body, or health. Furthermore, this shall not apply to liability for the breach of obligations whose fulfillment is essential for the proper performance of the contract and on whose compliance the buyer/consignor may regularly rely, nor in cases of fraudulent intent.
Title to the auctioned horses shall pass to the purchaser only after full payment of the purchase price together with the commission fee and value added tax. Transfer of ownership shall remain reserved until payment of all due claims arising from the business relationship has been made in full.
In the event of a consumer goods sale, the parties expressly agree that any warranty claims arising from this purchase agreement shall become time-barred after 12 months, beginning at the time of delivery of the horse.
The place of performance for all mutual claims arising from this contract is Saerbeck.
If the buyer is a merchant and the disputed business relationship is attributable to commercial trade, the Organizer’s registered office shall be the place of jurisdiction.
This contract shall be governed by German law. This shall apply both to substantive law and procedural law, to the exclusion of German private international law.
We collect and store the customer data necessary for the processing of business transactions. In processing the customer’s personal data, we comply with the statutory provisions. Further details are set out in the privacy policy available in our online offering. Upon request, the customer shall at any time receive information regarding the data stored concerning their person.
(a) These General Terms and Conditions are available in both German and English. In the event of contradictions, the German version alone shall prevail; for purposes of interpretation, the German version shall also be used primarily and authoritatively for the interpretation of the English version.
(b) The Organizer reserves the right to amend or supplement these online auction terms and conditions for the future. Any amendments or supplements to these terms and conditions during ongoing auctions shall be separately communicated to the admitted bidders by email. The amended or supplemented terms and conditions shall only apply once the bidder submits a new bid after receiving the notice.
(c) Should individual provisions of these GTC be or become invalid or unenforceable, this shall not affect the validity of the contract in all other respects. The invalid or unenforceable provision shall be replaced by the statutory provisions. The same shall apply accordingly in the event that the contract proves to be incomplete.
The straws are offered in their current condition at the stated location.
Upon receipt of payment, the straws may be collected from the stated address.
Transport is not part of the Auction.
Agreements regarding later collection, shipment, or an extension of storage are not part of the Auction.
Errors excepted.
Unless you are an entrepreneur, you have the right to cancel this contract within fourteen days without stating any reasons.
The cancellation period is fourteen days from the date of conclusion of the contract.
To exercise your right of cancellation, you must inform us ( ) of your decision to cancel this contract by means of a clear declaration (e.g. a letter sent by post or an email). You may use the attached model cancellation form for this purpose, although this is not mandatory. To comply with the cancellation period, it is sufficient that you send the communication concerning the exercise of the right of cancellation before the cancellation period has expired.
If you cancel this contract, we shall reimburse to you all payments we have received from you, including delivery costs (with the exception of the additional costs resulting from your having chosen a type of delivery other than the least expensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this reimbursement.
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