1. General Information — Scope
We, the AOS-Ankumer Open Sales GmbH, entered in the Register of Companies at the District Court (Amtsgericht) Oldenburg under HRB 208582, Münsterlandstr. 51, 49439 Steinfeld (hereinafter only referred to as organiser), run the auction of foals of sellers on the internet (hereinafter only referred to as internet auction) in our own name and for the account of a third party. For the purchase agreement with the buyer as well as of the legal relationship with the bidder (hereinafter also referred to as participant) and the seller, we take these online auction conditions (hereinafter only referred to as General Terms and Conditions) as a basis.
Our General Terms and Conditions shall apply exclusively; we do not recognize any conflicting conditions or conditions deviating from our General Terms and Conditions unless we have explicitly confirmed their validity in writing. Our General Terms and Conditions shall also apply if we fulfil delivery without reservation even though we are aware of conflicting conditions or conditions of the purchaser which deviate from our General Terms and Conditions.
All agreements reached between us and the purchaser for the purpose of the execution of an agreed contract shall be set forth in these General Terms and Conditions.
We reserve ownership of and copyrights to any and all images, videos, drawings, descriptions and other documents that have been used by us for the auction. Before revealing them to third parties, the purchaser, the bidder or any other third party needs our express written consent.
Our General Terms and Conditions apply in principle in the same way to businesses (§ 14 German Civil Code) and to consumers (§ 13 German Civil Code), unless their validity is explicitly limited in terms of individual clauses in its scope.
2. Organisation and execution of the online auction
2.1 Login (registration) and user account
The participation in an auction is only permitted for the natural or legal persons who have registered with the organiser. At the opening of the registration, all the questions asked by the organiser in the registration form have to be duly and correctly answered and required copies may have to be attached. Each participant must also indicate whether he or she is a consumer within the meaning of § 13 of the German Civil Code or a business within the meaning of § 14 of the German Civil Code. Should the data provided during registration change, the user is obliged to update the data in the password-protected area. Should a participant provide incorrect information, the participation contract can be terminated by the organiser without notice. The organiser, as well as the vicarious agents commissioned by the organiser to carry out the online auction, are also entitled to store the IP address of the participant. Only one account can be assigned to each participant. There is no right of participation. The registration cannot be transferred.
The sending of the registration form simultaneously represents a binding offer to the operator of the online platform to conclude a contract of use. If the registration is accepted, the user receives a confirmation by e‑mail with a personalised link. This also results in a contract of use with the operator of the online platform. To complete the registration process, the user must click on the link contained in the confirmation email.