AUCTION CONDITIONS OF AWÖ
 
A. General 
(1) The Working Group for Warmblood Breeding (hereinafter referred to as AWÖ) conducts auctions of horses of the Exhibitors (who are the Sellers) on the online auction platform pro-bit werbeagentur e.K., Volker Bialluch, Elbestraße 1, D - 26135 Oldenburg and the role of AWÖ is to act as an intermediary by providing a horse trading platform.  
(2) The auction takes place in the name of a third party and for the account of a third party via the internet, AWÖ does not become a contractual partner of buyers and sellers. 
 
(3) Horses (including foals) of all breeds, as far as their sale is legally permitted, are published for auction. Horses which, according to the circumstances, give rise to the suspicion that they have been stolen, embezzled or smuggled will not be published. The vendor assures the upright right of disposal of the respective exhibited horse.  
 
(4) The AWÖ is entitled to refuse the acquisition of horses without giving reasons. 
 
(5) The contract of sale of the horse is concluded directly between the exhibitor as seller and the bidder as buyer. AWÖ does not itself become a contractual partner of the contracts concluded within the framework of the auctions. 
 
 
B. Application, registration and use of the online account  
 
1 Registration 
 
(1) Participation in an auction as a Bidder requires registration as a User of the online auction platform. 
Registration shall take place exclusively via the registration form provided on the online auction platform (hereinafter referred to as "Platform"). The operator of the online auction platform is pro-bit Werbeagentur e.K., Volker Bialluch, Elbestraße 1, D - 26135 Oldenburg. There is no claim to registration and use of the web applications. If, due to unforeseen circumstances such as a server failure or a program error, etc., the platform is temporarily unavailable, AWÖ shall not be liable for any claims against AWÖ, in particular AWÖ shall not be liable for any availability, accessibility or quality of the applications and services provided by AWÖ. 
 
(2) The submission of the registration form simultaneously constitutes a binding offer to the operator of the online platform to conclude a contract of use.  
 
(3) The data requested as part of the registration process must be provided completely and correctly in the case of mandatory fields. In particular, it is not permitted to use a cover identity. When registering, the user must truthfully state whether he uses the online auction platform in the exercise of his commercial or self-employed professional activity. In this case, the user must provide his VAT identification number. 
 
(4) Natural persons must be of legal age and have full legal capacity at the time of registration. When registering natural persons, only individual persons may be registered as users.

(5) The contract of sale of the horse is concluded directly between the exhibitor as seller and the bidder as buyer. AWÖ does not itself become a contracting party to the contracts concluded within the framework of the auctions. 

(6) If the data provided during registration changes after registration, the user is obliged to update the information in his user account without delay. 
 
(7) Each natural person, each legal entity and each partnership may only register once with the online auction platform. The user account is not transferable and may only be used by the person who has registered. In particular, bids may only be placed by the person who has registered as a user. Registered users receive a password. Each user is obliged to keep the password secret.

(8) It is prohibited to manipulate the auctions conducted on the online auction platform by using multiple user accounts or in cooperation with other users.  
 
(9) The user shall keep his access data, in particular his password, secret, protect them from third parties gaining knowledge and access and not pass them on to unauthorized persons.

2. course of the auction 
 
(1) The respective Internet Auction shall commence with an offer placed by AWÖ on the platform on the Internet. This is a declaration of intent of the Exhibitor directed towards the conclusion of a purchase contract. At the same time, the bidding time is determined in the offer by stating "end of auction". This offer cannot be accepted by a simple "yes", but it is a pre-declared acceptance of the highest bid. Only that highest bid shall be accepted which is validly submitted by a bidder within the stated bidding period in accordance with the terms and conditions of these GTC. 
 
(2) Bids may only be submitted via the mask for registered bidders installed on the platform and only online. Bids submitted by other means shall not be considered, even if they are received by AWÖ during the bidding period. Bids for which the bidder has not declared that he agrees to the validity of these GTC for his specific bid and has taken note of the cancellation policy will also not be accepted.  

(3) Before a bid is submitted, the content of the bid together with the customer data shall be summarized on an overview page. The bidder can correct his bid there using the change fields provided. By clicking the "Place Bid" button, the bidder submits a binding bid for the conclusion of a purchase contract. Each bid of each bidder shall be submitted subject to the condition precedent of the submission of a higher bid. The respective bidder shall be bound by the bid submitted until the end of the bidding period. Bids that are below the minimum bid will not participate in the auction, even if no higher bid is received by the end of the auction. The purchase contract for the auctioned horse shall be concluded without a separate knockdown by the effectively submitted highest bid of the registered bidder (user or customer) at the end of the bidding period. 


(4) An effective bid must meet the minimum bid and be at least one bidding step higher than the previous bidder's bid. The bidding step varies for the horses entered in the auction between 
50,00 and 1.000,00 €. The bidding is exclusively in Euro (€). The mandatory bidding step for the respective offer is to be taken directly from the offer. The bidder will be informed by e-mail or other suitable means on the Internet platform that his bid is accepted and also if he has been outbid. All bids stated are subject to the applicable value added tax.

(5) In the first bidding phase AWÖ allows maximum bids. This means that the bidder can set a secret maximum bid which he is willing to pay for a horse. The bidding software then bids on behalf of the bidder for the respective horse and only as much as necessary (but at least in the amount of the mandatory minimum bid increments according to the respective offer), so that the bidder is the current highest bidder for the selected horse and until no other bidder bids or the entered maximum bid is reached. In case of winning the bid, the bidder may have to pay less than this highest bid, but in no case more. By entering a maximum bid, the bidder is legally bound to it and must pay this amount and any taxes if he is successful.

(6) The bids received shall be prioritized according to the time of their receipt. If a knockdown price applies to several identical bids, the knockdown shall be awarded to the first bid received in terms of time. 
 
(7) It is the responsibility of the respective bidder to monitor the status of his own bids and the progress of the online auction and to decide whether and up to what amount he wishes to continue bidding. A bidder who has been outbid by another bidder with a higher secret maximum bid must set a new, higher, maximum bid in order to be able to continue bidding for the respective horse. In this case, the new highest bid or bid replaces all previous bids that this bidder has placed for the horse. If the highest bid of a new bidder is exactly the same as that of a bidder who submitted his highest bid before, this previous bidder will be listed as the highest bidder and will be awarded the horse, provided that he is no longer outbid and the minimum price has been reached.

(9) Notification of the conclusion of the contract: The bidder who has submitted the highest valid bid at the end of the auction shall be 
bid at the end of the auction shall be notified thereof by e-mail or by other means on a durable medium in text form. The receipt of the notification is the confirmation of the already concluded 
contract of sale and is not an additional condition for its conclusion. Bidders who have not submitted the highest bid will not receive any notification. The highest bid will only be named anonymously on the platform immediately after the end of the bidding period.  
 
(10) If, at the end of the auction, the Buyer has become the highest bidder through his bid in accordance with the terms and conditions of the auction, a contract has been concluded between the Buyer and the Seller. The buyer is obliged to take over the horse and to pay the agreed purchase price. Reference is made to the other provisions on liability and obligations as well as on the right of withdrawal in the auction conditions.

(11) AWÖ is entitled, at its discretion, to block registered Bidders for individual auctions of individual Objects or for a certain period of time or in general and thus to exclude them from the right to participate in auctions on a limited or unlimited basis. This is only permissible if there is an important reason which shows that AWÖ cannot reasonably be expected to continue a legal relationship with the blocked person. 
  
(12) AWÖ may cancel an auction at any time before the end of the bidding period if it decides to do so at its reasonable discretion for an objective reason. In case of system failures due to technical circumstances, AWÖ is also entitled to cancel the auction; in this respect, AWÖ expressly reserves the right to revoke the respective offer placed on the Internet. The decision to cancel the auction will be communicated on the Internet platform with a keyword-like indication of the reason. The bids already submitted shall expire without replacement upon such notification. This reservation to cancel the offer for sale to the highest bidder expires at the end of the auction in the case of an auction conducted in accordance with the announcement and terminated at the end of the bidding period without requiring a separate declaration by AWÖ. Claims for damages by bidders in the event of technical problems in the handling of the Internet auction, in particular in the event of system failures, non-access of bids or their rejection for technical reasons are excluded.

(13) If doubts arise about the validity of the knockdown, the bid may be resumed and continued. The registration of doubts about the validity of the knockdown has to be done at the latest until the final knockdown of the last horse of the auction. Only bidders of the respective horse, AWÖ can register doubts about the validity of the knockdown. In case of dispute, AWÖ shall decide.  
 
C. Auction Object 
 
(1) The horses put up for auction on the platform are offered with the following information on pedigree, 
age, sex and color. The short information is taken from the exhibitors, as well as from the 
breeding data. The successes refer to Austria, if not otherwise described. There is no guarantee for the breeding suitability, as well as the correctness of the information and statements of the exhibitors, as well as the participants.

(2) The horses entered in the Internet auction have been clinically examined in preparation for the Internet auction. In addition, all two-year-old and older horses have been x-rayed. X-rays of the following standard projections have been taken: 
 
- Toe front bilateral 90°, hoof front bilateral 90° and hoof front bilateral 0° according to Oxspring. 
- Toe rear on both sides 90°, hock joint on both sides 0°, approx. 45°, approx. 135° - Knee on both sides approx. 90° and 180°. 
 
A veterinary examination report has been drawn up on the clinical examination carried out, which can be viewed by registered customers via a link at the horse entered in the auction. Point C. (2) does not apply to foals.  
 
(3) The bidder is advised to have the veterinary examination report interpreted by his own veterinarian at his own expense. The latter may request the radiographs from the producing veterinarian at the bidder's expense. The bidder is strongly advised to make use of this possibility of being informed about the health condition of the respective horse in his own interest. He cannot place a bid as long as he has not declared that he has received notice of the possibility of inspecting the examination documents prepared for the clinical examination and the X-ray images. The result in the form of objective findings of the written examination protocol, which refers exclusively to the clinical examination and which can be inspected, as well as the condition visible on the x-rays is a description of the health condition of the horse placed in the Internet auction, but does not represent an agreement or assurance regarding the condition of the horse. 
 
(4) The location of the horse at the time after the end of the Internet auction is with the exhibitor.
D. Prices and Terms of Payment  
 
(1) The hammer prices are net prices. All prices and bids quoted are therefore exclusive of the applicable value-added tax. This will be shown separately on the invoices. The sales tax shall be levied on the hammer price and, depending on the exhibitor's assessment, shall amount to 0 % (private sale), 13 % 
(flat-rate farmer) or 20 % (farmer opting for commercial operation). The corresponding sales tax rate is shown in the published data on the auction page for the respective horse after the name of the exhibitor. The sales tax will be indicated after notification by the exhibitor, whereby AWÖ does not assume any liability for this correctness.  
 
(2) AWÖ charges an auction fee of 6.5% of the hammer price plus the applicable sales tax to both the bidder and the exhibitor for its mediation.

(3) The exhibitor must have a veterinary certificate, as required by the Austrian Hail Insurance, prepared at his expense. Copies of the certificate will be sent when the foal is registered for the online auction. The costs for the insurance (2% of the hammer price) shall be borne by the buyer.


(4) The settlement amount to the bidder will therefore be calculated as follows: 
 
hammer price (net) 
+ sales tax (depending on the seller's rate 0, 13% or 20%) 
= gross amount (selling price) 
+ auction fee in the amount of 6.5% of the hammer price 
+ 0% sales tax (VAT-exempt according to § 2.12 UStG) 
= settlement amount + 2% insurance
 
(5) Upon confirmation of the conclusion of the purchase contract, the Bidder shall receive the invoice indicating the price and the VAT. The deduction of cash discount is not allowed. 
 
(6) The purchase price is due immediately and without deduction upon confirmation of the conclusion of the purchase contract. The legal regulations concerning the consequences of default in payment shall apply. The delivery of the auctioned horse to the purchaser or to the carrier will only take place after payment of the purchase price. It is expressly pointed out that additional stall costs may be incurred even if payment is made in due time.

E.  Place of Performance / Transfer of Risk / Transfer of Ownership 
 
(1) The risk passes to the buyer at the end of the online auction, even if the horse initially remains in the custody of the organizer or exhibitor.  
 
(2) The auctioned horses are ready for collection at the horse center Stadl-Paura. Separate agreements can also be made with the exhibitor that the horses can be collected directly from the exhibitor and that the handover takes place directly at the exhibitor's premises. An agreement to this effect requires the consent of AWÖ.  
 
(3) Should a foal be the object of sale, it shall be ready for collection at the Stadl-Paura equestrian center as soon as weaning from the dam is permitted.

(4) If the collection does not take place on the agreed day of delivery, the horse/foal can be accommodated in the stables at the location in Stadl-Paura until collection at the expense and risk of the Buyer. In the absence of payment, the Buyer shall be liable for damages to the exhibitor and AWÖ for any damage resulting from the delay in payment. The Buyer is entitled to the equine passport only after the transfer of ownership. 
 
(5) The Buyer is in default of payment if the settlement amount has not arrived at the account of AWÖ within 7 working days (including Saturday) after the knockdown. The exhibitor is entitled to withdraw from the purchase contract and to sell the horse elsewhere if the Buyer is in default of payment. In this case, AWÖ is entitled to sell the horse elsewhere. In this case, the first buyer is liable for a possible shortfall in proceeds and is liable for damages to the exhibitor and also to AWÖ.  
 
(6) Ownership of the auctioned horses shall only pass to the buyer after full payment of the purchase price plus auction fee and 
auction fee and value added tax. The transfer of ownership shall remain reserved until all due claims arising from the business relationship have been paid. Before transfer of ownership, pledging, transfer by way of security, processing or transformation is not permitted without the consent of the organizer or seller.

F. Liability of the seller 
 
(1) The exhibitor is liable as the seller for the following described and agreed condition of the horse at the time of the transfer of risk: 
 
- For the pedigree and age information provided on the auction site, as well as sex and color - physical condition as documented: 
- Toe front bilateral 90°, hoof front bilateral 90° and hoof front bilateral 0° according to Oxspring - Toe rear bilateral 90°, hock bilateral 0°, approx. 45°, approx. 135° - Stifle bilateral approx. 90° and 180°. 
- for the description in the protocol of the clinical examination by the specialized veterinarians according to point C of these General Terms and Conditions. Any written or oral statements by the veterinarian or other persons going beyond this protocol shall not result in liability on the part of the exhibitor. 
 
(2) The Seller shall further be liable for ensuring that all information provided about the horse in the auction is correct and truthful and that the horse is not afflicted with hidden defects. The seller is further liable for being the legal owner of the horse and that no rights of third parties exist that restrict or prevent the sale. In all other respects, the statutory warranty provisions shall apply 
(3) If the Buyer finds that there is a significant difference between the purchased horse and the description of the Seller, the Buyer has the right to demand a reasonable discount from the price, or, if it is a matter of significant defects or conditional properties, the right to withdraw from the contract. Reference is made to the provisions of sections 922 ff ABGB. If the purchase contract is a business-related transaction for both parties, the purchaser shall immediately report the alleged defect. 
 
(4) The price and performance risk shall pass from the Seller to the Buyer upon delivery of the horse. 
 
G. Liability of AWÖ
 
(1) In connection with the purchase of the offered horses, AWÖ is not in any contractual relationship with the Bidder. The contractual relationship between the Bidder and AWÖ only refers to the use of the auction platform in question. Purchase contracts are therefore concluded between the seller/exhibitor and the buyer. AWÖ does not assume any warranty for the correctness, authenticity, completeness or legality of the offers; the contractual partners are responsible for this.

(2) AWÖ does not provide any warranty for the horses sold via the auction platform. Any liability of AWÖ and its representatives or vicarious agents for direct or indirect damages arising in connection with the use of the auction platform is rejected in its entirety, as AWÖ does not become a contractual partner of the sale. Any liability shall be limited to intent and gross negligence to the extent permitted by law. In any case AWÖ shall not be liable for indirect damages, in particular not for loss of profit. The limitation of liability shall apply with regard to the organs as well as to the auxiliary persons and vicarious agents, exhibitor and purchaser.  
 
(3) The Exhibitor and the Purchaser undertake to indemnify and hold AWÖ harmless from and against any and all claims of third parties asserted against AWÖ by other users or other third parties due to infringement of their rights by the posted offers and contents, the auction procedure, the conclusion of the contract and the contents of the contract or due to any other use of the websites of AWÖ. 
 
(4) AWÖ has no influence on the websites to which links are provided. AWÖ does not assume any liability for the topicality, correctness, authenticity, completeness, security or quality of the information to be found there and expressly distances itself from all contents of such pages that contradict legal provisions. This also applies to all contents of the pages to which these links lead.

(5) In the event of disputes between Buyer and Seller, the legal consequences shall be governed by Austrian law. 
 
H. Changes 
 
(1) AWÖ reserves the right to make changes in the procedure of the online auctions. If changes are made, they will be announced in due course. In the event that the online auction cannot be carried out for any reason whatsoever for which AWÖ is not responsible (official ban or similar), AWÖ shall not be liable for any resulting damages of any kind whatsoever. Services already rendered by AWÖ are to be paid or will not be reimbursed. 
 
(2) AWÖ reserves the right to change or amend the online auction conditions for the future. The admitted bidders shall be informed separately by e-mail of any amendments or supplements to these terms and conditions during ongoing auctions. The amended or supplemented terms and conditions shall only apply if the bidder submits a bid again after receiving the notice, thereby implicitly agreeing to the amendment. 
 
I.     Place of Jurisdiction / Severability Clause 
 
(1) These General Terms and Conditions shall be governed by Austrian law, excluding the conflict of laws rules. The UN Convention on Contracts for the International Sale of Goods is excluded. The place of jurisdiction for all disputes shall be the Regional Court of Wels. 
 
(2) Should individual provisions or parts of the terms and conditions be or become invalid, this shall not affect the validity of the remaining provisions.

J. Privacy (1) AWÖ collects and stores the customer data required for business transactions. When processing the personal data of customers, the AWÖ observes the legal provisions. Upon request, the customer receives information about the data stored about his person at any time. K. Right of Withdrawal and Withdrawal (1) When concluding a contract with an entrepreneur within the meaning of § 1 KSchG, consumers have the right to revoke the contract according to §§ 3f KSchG without giving reasons. The cancellation period is one week from the day the contract is concluded. In order to exercise the right of withdrawal, you must inform the consumer, the entrepreneur and AWÖ by means of a written declaration (e.g. a letter sent by post, fax or e-mail) about your conclusion of the contract to withdraw from this contract. In order to comply with the cancellation period, it is sufficient for the consumer to send the communication regarding the exercise of the right of cancellation before the cancellation period has expired and for the period to begin no earlier than upon receipt of this declaration.

(1)   Wenn Sie diesen Vertrag wirksam widerrufen, hat der Verkäufer gem. § 4 KSchG dem Käufer alle empfangenen Leistungen samt gesetzlicher Zinsen vom Empfangstag an zurückzuzahlen, und den vom Verbraucher für das

Pferd gemachten notwendigen und nützlichen Aufwand zu ersetzen. Der Verbraucher hat die empfangenen Leistungen zurückzustellen und dem Unternehmer ein angemessenes Entgelt für die Benützung, einschließlich einer Entschädigung für eine damit verbundene Minderung des gemeinen Wertes der Leistung zu zahlen. Ist die Rückstellung der vom Unternehmer bereits erbrachten Leistungen unmöglich oder untunlich, so hat der Verbraucher dem Unternehmer deren Wert zu vergüten, soweit sie ihm zum klaren und überwiegenden Vorteil gereichen. Schadenersatzansprüche bleiben davon unberührt.

 

(2)   Hat der Verbraucher verlangt, dass die Dienstleistungen, wie Unterstellen des Pferdes etc. während der Widerrufsfrist beginnen sollen, so hat der Verbraucher auch hierfür einen angemessenen Betrag zu zahlen.