Auktionskatalog 2023

Auction –Terms and Conditions 2023
General – Scope
The State of Baden-Württemberg, represented by Marbach
State Stud (Haupt- und Landgestüt Marbach),
Gestütshof 1, 72532 Gomadingen – hereinafter also referred
to as “the organiser” – hosts a hybrid-auction for
the sale of horses. The organiser sells the horses listed
in the catalogue in their own name, the horses owned
by others are sold on behalf of and for account of the
respective owner specified in the catalogue (brokerage
transaction). The purchase contract with the buyer and
the legal relationship with the bidder – hereinafter also
referred to as “participant and buyer” – and the exhibitor
are based on these hybrid auction terms and conditions
– hereinafter also referred to as “GTC (general terms
and conditions)”.
The exhibitor has already accepted these conditions of
the “hybrid auction” when registering the horse. By participating
in the bidding process, the bidder accepts the
conditions of the “hybrid auction”. In case of a successful
bidding process, a purchase contract is only concluded
between the exhibitor or the seller of the horse
respectively and the buyer with the highest bid.
These GTC apply exclusively; conflicting conditions or
conditions deviating from these GTC will not be recognized
unless their validity will be explicitly agreed in
writing. These GTC also apply if the purchase contract
is executed without reservation in the knowledge of conflicting
or deviating GTC of the buyer.
All agreements made between the organiser and the
purchaser for the purpose of executing a concluded
contract are stipulated in these GTC.
Ownership and copyrights are reserved for illustrations,
videos, drawings, descriptions, and other documents
used by the organiser for the auction. Before passing
them on to third parties, the bidder, the buyer and every
third party require the explicit consent of the organiser
in written form.
These GTC apply in the same way to entrepreneurs (§
14 BGB (clause 14 German Civil Code)) and to consumers
(§ 13 BGB) unless their validity is explicitly restricted
regarding individual clauses in their area of application.
1. Arrangement and execution of the hybrid auction
1.1 Login (registration) and user account
Participation at a hybrid auction is only permitted for
those natural or legal persons who have registered with
the organiser. Participants can only be assigned one
account. There is no right to participate. When the registration
is opened, all questions asked by the organiser
in the registration form must be answered truthfully and
completely and any copies requested must be attached.
Likewise, each participant must state whether they are
a consumer within the meaning of § 13 BGB (German
Civil Code) or an entrepreneur within the meaning of §
14 BGB.
If a participant provides incorrect information, the participation
contract can be terminated by the organiser
without notice. The organiser and the vicarious agents
commissioned by the organiser to carry out the hybrid
auction are also entitled to save the IP address of the
participant.
Representation and legal capacity
(a) Natural persons can only register for use if they are
of legal age and have unlimited legal capacity.
(b) Natural persons authorised to represent a legal entity
must be named.
(c) Registered users receive a password. Every user is
obliged to keep the password secret.
The participant can terminate the participation contract
at any time. The participant’s access and password will
then be deactivated after the end of the auction. An
“hybrid auction” that has not yet been completed at this
point in time and in which the cancelling participant has
submitted a bid will nevertheless be closed in accordance
with the contract.
The organiser is entitled to terminate the participation
contract for good reason without notice. This applies in
particular if the participant refuses to fulfil the contract
concluded by way of the auction without reason or never
had the intention of fulfilling it.
The organiser is entitled to exclude the participant from
further events.
74