1. Scope and Contracting Parties These General Terms and Conditions apply exclusively to all usage relationships, auctions and brokerage services of German Horse Trading GmbH via the online auction platform German Horse Trading. They apply to all participants (sellers, bidders and buyers). Any deviating conditions of the participants are excluded. The platform acts exclusively as an intermediary and never as seller, buyer or contracting party to the horse purchase contract. The purchase contract is concluded exclusively directly between the consigning seller and the buyer. GHT receives only a brokerage commission.
2. Role of the Platform GHT acts exclusively as a technical and organisational brokerage service provider. GHT does not conduct commission business and at no time acts as a party or representative to the purchase contract. All rights and obligations arising from the purchase contract exist exclusively between seller and buyer. GHT assumes no guarantee, assurance of characteristics or other warranty with regard to the horses offered.
3. Registration and Participation Participation in auctions requires complete registration. By registering and placing each bid, the participant confirms that he or she unconditionally accepts these GTC. During registration, the participant expressly states whether he or she is acting as an entrepreneur (§ 14 BGB) or as a consumer (§ 13 BGB). Both options are expressly permitted. GHT is entitled to request suitable proof of the entrepreneur status at any time. GHT reserves the right to reject registrations without giving reasons or to exclude users from participation at any time or to block their access. There is no entitlement to registration or participation.
4. Auction Process and Award The auction is conducted as a time-limited online bidding procedure. All bids and payments are made in euros. The bidding increments are determined by the current highest bid as follows:
Higher bids are possible at any time. GHT is entitled to adjust the bidding increments at any time or to set deviating minimum bidding increments in individual cases. The bidding increments displayed in the respective auction interface are decisive. Bids are binding, irrevocable offers within the meaning of § 145 BGB. All bids remain binding even after being outbid until the end of the auction and until the expiry of the payment period (5 working days after the award). The award is generally made to the highest bidder. Upon award, the purchase contract is concluded directly between seller and buyer.
The seller is legally bound by the award. Upon award, the seller is obliged to sell the horse to the buyer at the hammer price and, after full payment, to transfer ownership and deliver the horse. The seller may not refuse the execution of the purchase contract after the award on the grounds that the hammer price is considered too low, that a higher price was expected, or that the seller no longer wishes to sell the horse. Unless a reserve price or reservation has been expressly agreed with GHT in writing before the auction and taken into account in the auction process, the seller accepts the highest bid awarded by GHT as the binding sale price.
If the purchase contract with the highest bidder does not materialise or is not executed, or if the highest bidder does not pay on time, GHT is entitled to award the contract to another binding bid, in particular to the next highest bidder, or to re-auction the horse. GHT may reject bids, cancel, extend or interrupt the auction at any time without the participants being entitled to any claims against GHT. If a bid is placed within the last 5 minutes before the auction ends, the auction is automatically extended by another 5 minutes.
5. Commission and Payment The buyer owes, in addition to the hammer price, a buyer’s commission of 10% plus statutory VAT. The commission is earned and due immediately upon award, irrespective of the subsequent execution of the purchase contract. Payment must be made within 5 working days after invoicing. If payment is not made on time, the buyer shall be in default without further reminder.
In the event of default in payment, the statutory default interest rates shall apply. In addition, GHT is entitled to claim a flat-rate administrative and compensation fee of 10% of the outstanding amount, but at least €1,000.00, to the extent permitted by law. The buyer remains entitled to prove that no damage or substantially lower damage has occurred. GHT remains entitled to prove higher damage.
VAT in the case of intra-Community supply and export to a third country
i. Intra-Community supply within the European Union
In the case of an intra-Community supply within the European Union to an entrepreneur with a valid VAT identification number, the delivery may be exempt from VAT, provided that the statutory requirements are met. A prerequisite for this is, in particular, that the buyer acts as an entrepreneur, that a valid VAT identification number is available and that the horse is actually transported to another Member State of the European Union.
The buyer is obliged to provide GHT and/or the seller with all required proof without delay, in full and in proper form. This includes, in particular, a valid VAT identification number, confirmations of arrival, transport documents or any other documents required for tax purposes. If the required proof is not provided on time, not in full or not in proper form, the applicable statutory VAT will be charged or subsequently charged.
ii. Export to a third country outside the European Union
In the case of an intended export of the horse to a third country outside the European Union, the delivery may be exempt from VAT, provided that the statutory requirements are met. However, until proper and tax-sufficient proof of export has been provided, the seller is entitled to initially charge the applicable statutory VAT in addition to the purchase price or to request or retain a security deposit in the amount of the applicable statutory VAT.
This applies in particular because the seller generally has no direct influence on whether and when the horse is actually exported from the European Union and whether the required export documents are provided properly, completely and on time. The buyer is obliged to provide GHT and/or the seller with all proof required for the VAT exemption without delay, in full and in proper form. This includes, in particular, customs-confirmed export documents, proof of export, export exit notes, transport documents or any other documents required for tax purposes.
As soon as the buyer provides proper and tax-sufficient proof of the actual export of the horse from the European Union within 60 days after the award, any VAT previously paid shall be refunded to the buyer or any security deposit provided shall be released in the corresponding amount. If the required proof of export is not provided within 60 days after the award, not in full or not in proper form, the statutory VAT shall remain charged. In this case, no refund or release of the security deposit shall be made. If the horse is used before export, in particular by participating in competitions, training, resale, breeding use or any other use, any VAT refund or release of the security deposit is excluded.
6. Right of Withdrawal By registering and placing a bid, the participant enters into two legally independent contracts: a purchase contract with the respective seller and a paid brokerage and auction service contract with GHT.
For the brokerage and auction service contract with GHT the following applies: This is a distance contract. The participant expressly requests that GHT begins providing the brokerage service before the expiry of the statutory withdrawal period. The brokerage service is fully performed upon award of the contract. The right of withdrawal for this contract therefore expires pursuant to § 356 (4) BGB. The obligation to pay the commission remains in full force in any case – even in the event of any withdrawal – and will not be refunded.
For the purchase contract between buyer and seller the following applies: In transactions between entrepreneurs (B2B) there is no right of withdrawal; the contract is final and irrevocable. In the case of consumers (B2C), the auction procedure is designed as a public auction within the meaning of § 312g (2) No. 10 BGB, which is why a right of withdrawal is excluded. As a subsidiary provision (if this view should not apply), the consumer has a statutory right of withdrawal of 14 days from the award. In this case as well, the commission in favour of GHT remains due in full and will not be refunded.
7. Condition of the Horse and Risk The horses are sold “as is, where is”. All information about the horses, in particular regarding age, pedigree, state of health, level of training and possible uses, is provided for information purposes only and does not constitute any guarantee or assurance of characteristics. The buyer has the opportunity and the obligation to inspect the horse at his own expense prior to the auction, to have it examined by a veterinarian or to have it appraised. By placing a bid, the buyer expressly confirms that he has informed himself sufficiently about the horse, has had the opportunity for his own examination and is aware of the horse’s condition. The purchase is made exclusively at the buyer’s own risk. Upon award, the risk of accidental loss, deterioration and all risks associated with the horse – in particular illness, injury or death – passes directly to the buyer. This applies regardless of whether actual delivery has already taken place. Subsequent claims against GHT due to alleged defects or missing information are excluded.
8. Transport and Delivery Transport and delivery of the horse shall take place after award and full payment directly between buyer and seller. After full payment of the hammer price, the buyer’s commission and any applicable VAT, the seller is obliged to make the horse available for collection without delay and to cooperate in the handover, transfer of ownership and delivery of the horse passport and all documents required for transport and delivery. The seller is not entitled to refuse delivery after full payment without legally justified reason. The buyer shall bear all costs in connection with transport, export, veterinary examinations, health certificates, quarantine and tests. The buyer is obliged to collect the horse immediately after award and full payment. If the horse is not collected within 10 days after the award, the seller is entitled to charge a storage fee of at least €30 per day plus VAT. Further claims of the seller remain unaffected.
9. Liability GHT shall be liable – regardless of the legal grounds – only for damages caused by intentional or grossly negligent conduct on the part of GHT, its legal representatives or vicarious agents. In the event of a breach of material contractual obligations (cardinal obligations), GHT shall also be liable in the case of simple negligence, but limited to the typical, foreseeable damage. Otherwise, liability on the part of GHT is fully excluded to the extent permitted by law. In particular, GHT shall not be liable for breaches of duty by the seller or buyer, for the condition, health or characteristics of the horses offered, for the accuracy or completeness of information, documents or examination results, or for the conclusion or performance of the purchase contract. Liability for damages resulting from injury to life, body or health as well as mandatory statutory liability provisions (in particular under the Product Liability Act) shall remain unaffected.
10. Disputes between Buyer and Seller The purchase contract is concluded exclusively between buyer and seller. GHT is neither a contracting party nor responsible for the performance of the purchase contract. All disputes (defects, health, transport, payment, reversal etc.) exist exclusively between buyer and seller. GHT is not obliged to participate in or resolve such disputes. The buyer and seller shall indemnify GHT on first demand against all claims, demands, damages, costs and expenses arising in connection with the purchase contract concluded between them. This includes in particular legal enforcement costs and lawyers’ fees. The indemnity shall continue to apply even after the end of the auction.
11. Technical Execution The auction is conducted via an internet-based platform. Buyers and sellers acknowledge that online auctions involve technical risks and possible system disruptions. GHT assumes no liability for server failures, system interruptions, connection problems, network disruptions, delays or errors in the transmission of bids or for incorrect or delayed display of bids or auction times. GHT is entitled to intervene in the auction process at any time at its own discretion. This includes in particular the right to interrupt, extend, terminate early or declare bids invalid. There is no claim to a specific auction process or to an award.
12. Force Majeure GHT shall not be liable for non-performance or delay in performance of services insofar as this is due to circumstances of force majeure. Force majeure includes in particular all unforeseeable events for which GHT is not responsible, such as natural disasters, fire, storm, flood, war, terrorism, riots, official measures, epidemics, pandemics or failures of telecommunications and IT systems. In such cases, GHT is entitled to postpone, interrupt, extend or terminate auctions in whole or in part. There is no claim to the performance or continuation of an auction.
13. Data Protection GHT processes personal data exclusively for the purpose of conducting the auction and processing the brokered contracts. The current data protection declaration is available on the platform. GHT takes appropriate technical and organisational measures to protect data against loss, unauthorised access or misuse.
14. Non-Payment and Breach of Contract If payment is not made within 5 working days, the buyer shall automatically be in default. GHT is entitled to cancel the award, re-auction the horse, award the contract to the next highest bidder or exclude the participant from future auctions. The buyer shall be liable for all damages resulting therefrom, in particular for the commission, any price difference and all additional costs (auction, stable, transport and legal enforcement costs).
15. Final Provisions German law shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for entrepreneurs is the registered office of German Horse Trading GmbH in Tönisvorst. The German version of these GTC is solely authoritative. Any translations into other languages are for information purposes only. GHT reserves the right to amend these GTC at any time; the amended version shall apply from the next auction. Should any provision of these GTC be or become invalid, void or unenforceable in whole or in part, the validity of the remaining provisions shall remain unaffected. In place of the invalid or unenforceable provision, the valid provision that comes closest to the economic purpose of the original provision shall be deemed agreed. The same shall apply to any gaps.
Sizes:
S: 1.60mtr. or smaller.
M: 1.60mtr. to 1.65mtr.
L: 1.65mtr. to 1.70mtr.
XL: 1.70mtr. or bigger.