A. General Terms and Conditions for Online auctions between Bernhard Delle, DONAUMOOS ANGUS, Hauptstr. 56, 89423 Gundelfingen and CUSTOMER; individually also referred to as "party" or collectively as "parties"
1. Scope and application area
1.1. DONAUMOOS ANGUS conducts cattle auctions via an online platform.
1.2. The following terms and conditions apply to use, participation in the auctions and all purchases, unless these are changed in text form between the CUSTOMER and DONAUMOOS ANGUS.
1.3. Deviating terms and conditions of the CUSTOMER, in particular purchasing conditions, are ineffective in relation to the seller. The introduction of its own terms and conditions by the CUSTOMER entitles DONAUMOOS ANGUS to exclude them from the online platform.
2. Contractual partner
2.1. Contracts are concluded with the company Bernhard Delle, DONAUMOOS ANGUS, Hauptstr. 56, 89423 Gundelfingen, Germany.
3. Registration as a participant / user of the online platform
3.1. Only entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) based in the European Union, the EEA and Switzerland who have an agricultural business number can be registered as participants / users of the online platform. DONAUMOOS ANGUS can request proof of this at any time.
3.2. Other people, in particular consumers and entrepreneurs without a farm number, as well as entrepreneurs based outside the European Union, the EEA and Switzerland, are excluded from using the online platform. If sales contracts are nevertheless concluded with such persons, DONAUMOOS ANGUS has a contractual right to withdraw from the contract. In addition, such people owe a contractual penalty, which is determined by DONAUMOOS ANGUS at its reasonable discretion in accordance with § 315 BGB.
3.3. There is no entitlement to admission to the online platform for persons according to No. 3.1 or 3.2. of these terms and conditions. There is also no entitlement to the maintenance of the online platform by DONAUMOOS ANGUS or the maintenance or expansion of the scope of functions.
3.4. Registration of CUSTOMER on the online platform is free of charge. For admission, the CUSTOMER electronically fills in the registration form available on the website and sends it to DONAUMOOS ANGUS. The data required for registration must be provided completely and truthfully by the CUSTOMER. When registering, the CUSTOMER chooses a personal username and a password. The username must not violate the rights of third parties or other naming and trademark rights or morality. CUSTOMER is obliged to keep the password secret and not to disclose it to third parties.
3.5. Apart from the declaration of consent to the validity of these general terms and conditions and the data protection information, registration is not associated with any obligations. CUSTOMER can delete the entry in the sales system at any time under "My Account". Simply by registering with us, there is no obligation to buy the cattle we offer or to participate in the auction at all.
3.6. If the CUSTOMER changes the personal information, the CUSTOMER is responsible for updating it. All changes can be made online after registering under "My Account".
4. Availability / requirement for the availability of the online platform
4.1. DONAUMOOS ANGUS does not owe any specific availability of the online platform and the application data at the transfer point agreed there.
4.2. Unless a different transfer point has been agreed, the transfer point for the application and the application data is the router exit of the DONAUMOOS ANGUS data center.
4.3. DONAUMOOS ANGUS is not responsible for the quality of the required hardware and software on the part of the customer as well as for the telecommunications connection between the customer and DONAUMOOS ANGUS up to the transfer point. This applies in particular if the above facilities result in a disruption of the auction process.
4.4. Insofar as the software application is installed on CUSTOMER systems, a certain availability is not owed or the availability is solely the responsibility of the CUSTOMER.
4.5. A current, modern internet browser (e.g. Chrome, Firefox, Safari, Microsoft Edge in the latest currently available version) is required to use the online platform.
5. Conclusion of contract (auction)
5.1. The contract is concluded via the auction system of the online platform:
5.1.1. Registered participants (CUSTOMER) can set favorites and take part in the bidding process.
5.1.2. The animals are auctioned in a lot order, e.g. lot 1 ending with lot 31. The time interval between the lots, i.e. the different sales contract offers by DONAUMOOS ANGUS is 5 minutes.
5.1.3. CUSTOMER can declare acceptance of the purchase contract offer from DONAUMOOS ANGUS by means of bids. The bid increments are each 100,00 € or a multiple of 100,00 €. CUSTOMER determines the amount of his bid. CUSTOMER receives a confirmation e-mail about his bid for information.
5.1.4. The acceptance occurs under the condition precedent that the CUSTOMER is and remains the highest bidder after the offer period has expired. A bid expires if another CUSTOMER submits a higher bid during the period of the offer. CUSTOMER receives an e-mail for information if he is outbid.
5.1.5. Each lot is extended by 5 minutes after the last bid. If there is no higher bid within this period, the purchase contract between the CUSTOMER and DONAUMOOS ANGUS is concluded, i.e. the highest bid is accepted. CUSTOMER receives a confirmation e-mail about the bid for information.
5.2. The location of DONAUMOOS ANGUS is decisive for all times.
6. Prices / taxes / other charges
6.1. The prices of the sales contract offers are shown strictly net without the statutory sales tax (VAT).
6.2. The statutory sales (VAT) tax at the time of delivery is added to the price. § 29 UStG and similar regulations are excluded.
6.3. The sales tax is (VAT) shown in the invoice, insofar as this is permissible under sales tax law.
6.4. Each contracting party is obliged to comply with all legal and administrative provisions under sales tax law in connection with the execution of the contract, to inform the other contracting party of any requirements that have not been observed, to provide evidence required by law or authorities at its own expense and the other contracting party in all sales tax matters to the best of their ability to support forces. Claims arising from the breach of this obligation do not become statute-barred before the expiry of 6 months after the legal force of an official or judicial decision that is made as a result of the breach of duty.
6.5. Other taxes, levies, fees, duties and costs for whatever purpose that are added to the purchase price are the sole responsibility of the CUSTOMER. DONAUMOOS ANGUS does not owe any advice or advice on this.
7. Due date, payment
7.1. The purchase price is due for payment immediately in EURO when the bid is accepted.
7.2. Payment is made in advance.
7.3. DONAUMOOS ANGUS creates an invoice following the auction and sends it to the CUSTOMER.
8. Retention of title / transfer of risk
8.1. Cattle remain the property of DONAUMOOS ANGUS until the purchase price has been paid in full.
8.2. With the payment of the purchase price, ownership is transferred to the CUSTOMER.
8.3. The risk is also transferred to the CUSTOMER with the payment of the purchase price.
9. Obligation to take delivery / delivery / obligation to collect / default in acceptance
9.1. CUSTOMER is obliged to collect the cattle from DONAUMOOS ANGUS (purchase obligation). This must be done during normal business hours of DONAUMOOS ANGUS by arrangement. The collection must take place at the headquarters of DONAUMOOS Angus (collection obligation). The pick-up is the time of delivery.
9.2. If the CUSTOMER does not pick up the beef / cattle, he violates his obligation to take delivery of DONAUMOOS ANGUS and is also in default of acceptance.
10. Duty to examine and notify
10.1. The parties agree that auction trading in cattle requires rapid treatment of defects and that DONAUMOOS ANGUS must rely on rapid notification of defects.
10.2. CUSTOMER is obliged to examine the beef / cattle, if necessary with the help of an expert, upon delivery and to notify any defects discovered immediately. If errors appear later, so-called hidden defects, the CUSTOMER must also notify such errors immediately after they are discovered. If he fails to notify us immediately, the beef / cattle are deemed to have been approved and warranty claims for defects are excluded.
10.3. The above regulations do not apply in the event of fraudulent misrepresentation.
11. No guarantees / assurances / quality agreement
11.1. DONAUMOOS ANGUS does not assume any independent guarantees or assurances.
11.2. The condition results from the catalog information of the online platform.
12. Warranty for goods (cattle)
12.1. The statutory warranty rights exist with the following restrictions:
12.2. Insofar as the buyer is an entrepreneur, warranty claims for defects become statute-barred within one year of delivery. Excluded are culpably caused damage attributable to us due to injury to life, limb or health of the CUSTOMER and gross negligently or willfully caused damage or malice, as well as recourse claims according to §§ 478, 479 BGB.
12.3. Insofar as the Convention on the International Sale of Goods (CISG) applies, the following is agreed:
12.3.1. The seller is entitled at any time to remedy the lack of conformity of the goods or documents, even after the agreed delivery time, by repairing or purchasing a replacement. A right of the buyer to cancel the contract is excluded, unless the lack of conformity constitutes a material breach of contract and is not remedied by the seller within a reasonable grace period, which must be at least 6 weeks. To reduce the purchase price, the buyer requires the seller's consent.
12.3.2. The buyer loses the right to invoke a recognizable lack of conformity of the goods or documents upon acceptance of the goods if he does not report them to the seller immediately after they have been taken over and specify the nature of the lack of conformity. If there are indications of a possible lack of conformity after acceptance of the goods, the buyer loses the right to invoke the lack of conformity if he does not carry out the necessary investigation immediately and does not report the lack of conformity within one week of its discovery. Defects in the goods must be proven by the expertise of an internationally recognized inspection office or veterinarian. The loss of rights also occurs if the buyer has a reasonable excuse for the improper display.
12.3.3. The seller's liability for a lack of conformity of the goods or documents does not apply if they are not reprimanded in a timely and proper manner or the resulting legal remedies are not asserted by the buyer in writing within a preclusive period of 6 months from the acceptance of the goods by the buyer.
12.3.4. The seller assumes no liability for the freedom of the goods from rights or claims of third parties based on commercial or intellectual property. Provided that the buyer is considered to have exported the delivered goods immediately after they have been accepted. It is the sole responsibility of the buyer to review the property rights situation in the country of destination. Insofar as the seller is aware of property rights relating to the goods in the country of destination, he will inform the buyer of them upon written request.
13. Further duties and obligations of the customer (in particular regarding the auction platform)
13.1. The customer will fulfill all duties and obligations that are necessary for the execution of the contract, in particular:
13.2. Keep the usage and access authorizations assigned to him or the users as well as agreed identification and authentication safeguards secret, protect them from access by third parties and do not pass them on to unauthorized users. These data must be protected by suitable and customary measures. The customer will inform the provider immediately if there is a suspicion that the access data and / or passwords could have become known to unauthorized persons;
13.3. create pre-requisite or agreed entry requirements;
13.4. Comply with restrictions / obligations with regard to the rights of use,
13.5. no information or data can be accessed or accessed without authorization, or intervene in programs operated by the DONAUMOOS ANGUS or allow them to be intervened, or to penetrate the data networks of the provider or DONAUMOOS ANGUS without authorization or encourage such an intrusion;
13.6. Do not improperly use the exchange of electronic messages that is possible within the framework of the contractual relationship and / or using the software application for the unsolicited sending of messages / information and information to third parties for advertising purposes;
13.7. Release DONAUMOOS ANGUS from claims by third parties that are based on illegal use of the software application by the customer or that result from data protection, copyright or other legal disputes caused by the customer that are associated with the use of the software application;
13.8. oblige the authorized users for their part to comply with the provisions of this contract that apply to them;
13.9. ensure that he observes all third party rights to material used by him (e.g. when transmitting texts / data from third parties to the DONAUMOOS ANGUS SERVER);
13.10. Obtain the consent of the data subject required under data protection law insofar as he collects, processes or uses personal data when using the software application and no statutory permission applies;
13.11 Before sending data and information to the provider, check them for viruses and use state-of-the-art virus protection programs;
13.12. if he transmits data to the DONAUMOOS ANGUS in order to generate application data with the help of the software application, back them up regularly and according to the significance of the data and create his own backup copies in order to enable the reconstruction of the same in the event of loss of the data and information;
13.13. if and insofar as the technical possibility is given to him by mutual agreement, regularly back up the files stored on the DONAUMOOS ANGUS server by downloading; The provider's obligation to back up data and, if necessary, to transmit a backup remains unaffected
14. Statute of limitations / right of retention / offsetting
14.1. Claims from this contractual relationship generally become statute-barred within three years from the occurrence of the claim, beginning at the end of the year in which the claim arose and the respective party gained knowledge or should have become aware without gross negligence. Claims for a warranty for defects become statute-barred within one year from delivery.
14.2. The customer's rights of retention, reduction in price and the right to refuse performance are excluded, unless DONAUMOOS ANGUS does not dispute the underlying counterclaims or these are ready for a decision (e.g. no evidence required) or these have been legally established.
14.3. Offsetting against claims by DONAUMOOS ANGUS is excluded, unless DONAUMOOS ANGUS does not dispute the underlying counterclaims or these are ready for a decision (e.g. no evidence required) or these have been legally established.
15. Limitation of Liability:
15.1. DONAUMOOS ANGUS is liable for intent and gross negligence.
15.2. Furthermore, DONAUMOOS ANGUS is liable for the negligent breach of obligations, the fulfillment of which enables the proper execution of the contract in the first place, the breach of which jeopardizes the achievement of the purpose of the contract and which you as a customer regularly trust to be observed.
15.3. In the latter case, however, we are only liable for foreseeable, contract-typical damage.
15.4. DONAUMOOS ANGUS is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
15.5. The above exclusions of liability do not apply in the event of injury to life, limb and health of the CUSTOMER.
15.6. Liability under the Product Liability Act remains unaffected.
15.7. Liability that presupposes neither a fault nor a representation is excluded.
15.8. According to the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and / or available at all times. In this respect, we are not liable for the constant and interrupted availability of our online trading system.
16. Place of jurisdiction, place of performance
16.1. In relation to merchants, legal entities under public law, special funds under public law, as well as in international legal transactions with all entrepreneurs, the place of jurisdiction and place of performance is agreed to be the registered office of DONAUMOOS ANGUS.
17. Applicable Law
17.1. The law of the Federal Republic of Germany is valid. Unless otherwise stated in the declaration of acceptance / order confirmation, our place of business is the place of performance.
17.2. The United Nations Convention on the International Sale of Goods applies in its area of application. Questions that concern objects that are not regulated in this Convention or that cannot be decided according to its principles are to be decided according to the law applicable to the seat of the seller.
18. Contract language, contract text storage
18.1. The contract language is German.
18.2. The German text of this contract is the only authentic text.
18.3. We do not save the full text of the contract. Before sending the order, the contract data can be printed out or electronically saved using the browser's print function.
19. Severability Clause
19.1. Should a provision in these terms and conditions or a provision in the context of other agreements be wholly or partially invalid or unenforceable, or lose their legal validity or feasibility later, this shall not affect the validity of all other provisions or agreements. Instead of such a provision, an appropriate provision should apply which, as far as legally possible, comes as close as possible to that of the ineffective provision.
Latest Update: 01.11.2021
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