35. Herbstauktion

Terms of sale

2.2 With good cause, Eugen Wahler KG can block a registered participant from submitting bids at any time, for a certain period of time or in general. This applies in particular if the participant refuses the performance of the concluded contract for no reason or if the participant never intended to perform. A registration can be deleted at any time without giving reasons. All registered data will then be permanently deleted unless they are required for an ongoing bidding process or the processing of an already concluded contract. In this case the data will be deleted when the data is not required any more. 2.3 The participants password for the account is confidential. It must not be passed on to third parties and it must be protected against misuse. If a participant culpably causes a misuse of his password he is liable to Eugen Wahler KG for all damages that arise from the misuse. Liability also includes indemnification from third party claims against Eugen Wahler KG. If the registered participant becomes aware of the misuse or loss of his access data, he must inform the operator or Eugen Wahler KG immediately by telephone so that the access can be blocked. 2.4 Participants can terminate the contract for the use of the platform at any time without giving cause. The operator or Eugen Wahler KG then immediately deactivates the access to this account. Auctions that have not been completed and in which the respective participant has submitted a bid will still be completed accordingly. 2.5 Eugen Wahler KG collects and stores the participant‘s IP address and the data necessary for business transactions. When processing the participant‘s personal data the statutory provisions are observed. The data may only be passed on to the exhibitor of the purchased foal and vicarious agents of Eugen Wahler KG. Upon request, the participant receives information about his stored personal data at any time. 3. Auction 3.1 During the auction the offered foals will be presented at hand with their mother or foster mother and this will potentially be shown simultaneously online at the auction platform. The foals are offered in euros. The starting bid for the each foal is 4,000.00 Euros (four thousand euros). Only higher bids in increments of at least 300.00 Euros (three hundred euros) will be accepted. A bid expires with the submission of a higher bid. Until then the bidder is bound by his bid. Incoming bids are recorded and taken into account according to their time of entry. Participants bid at their own risk. Eugen Wahler KG is not liable for any technical delays, not even for technical overload of the transmission routes.

1. General 1.1 Eugen Wahler KG, Zum Klosterhof 8, 29549 Bad Bevensen (hereinafter „Eugen Wahler KG“) hosts and conducts public auctions of foals, acting as agent for its customers (hereinafter „exhibitors“). The auctions take place as a publicly accessible auction on the premises of Klosterhof Medingen. If necessary they take place simultaneously online via the auction platform of a third party (hereinafter “operator”) in form of an online bidding process. 1.2 Interested parties can register as participants on the auction platform for the online bidding process. The operator‘s terms and conditions apply. The operator provides the technical infrastructure. He becomes a contractual partner of the respective participant only for the use of the platform. The operator does not become a contractual partner of the contracts concluded within the auction. 1.3 Admission tickets for the auction can be purchased by anyone while stocks last. Interested parties should reserve their tickets with the auction office in good time. By purchasing the admission ticket for the auction or by registering on the auction platform as well as with the submission of a bid the participant accepts these auction terms and conditions. All contractual agreements made between the exhibitors as sellers and the buyers regarding a purchase at the auction are based on these terms and conditions. The auction terms and conditions apply exclusively -and in addition to the terms of use of the operator regarding the use of the online platform. Opposing or deviating conditions will not be recognized. This also applies if a handover is carried out without reservation and in the knowledge of conflicting or deviating terms and conditions of the buyer. 1.4 Eugen Wahler KG conducts the auction in the name of and for the account of the respective exhibitor and does not become party of a purchase contract which is concluded directly between the exhibitor as the seller and the successful bidder as the buyer of the auctioned foal. It is a purchase contract according to §§ 433 ff. BGB. 1.5 Because the auction is publicly accessible according to § 312g II No.10 BGB, the right of withdrawal is excluded. 2. Participation in the online auction and data protection 2.1 The participant must provide complete and correct information for the registration on the operator‘s online auction platform. Especially identity fraud leads immediately to the blocking of the participant‘s account. The operator is entitled to terminate the user contract without notice if the participant provides false information.

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