Terms & Conditions

Terms and Conditions of ESI (Elite Sales International) Online Auction

1. General – Scope of Application We, EQUIEVENTS GmbH, registered with the Commercial Register Oldenburg (HRB 204535) with the company address Rossegarden 5, 49688 Lastrup (hereinafter also referred to as the Organizer), conduct auctions of horses provided by sellers on the internet (hereinafter also referred to as online auction) in our own name and on behalf of third parties. We apply these Online Auction Terms and Conditions (hereinafter also referred to as T&Cs) to the purchase contract with the buyer as well as to the legal relationship with the bidder (also referred to as user or customer) and the breeder.

Our T&Cs apply exclusively; conflicting or deviating terms and conditions of the buyer are not recognized unless we have expressly agreed to their validity in writing. Our T&Cs also apply if we execute the delivery unconditionally despite knowledge of conflicting or deviating terms of the buyer.

All agreements made between us and the buyer for the execution of a concluded contract are contained in these T&Cs.

We reserve ownership and copyright rights to images, videos, drawings, descriptions, and other documents used for the auction. Transfer to third parties requires our prior written consent.

Our T&Cs apply equally to entrepreneurs (§ 14 BGB) and consumers (§ 13 BGB), unless the application is explicitly restricted for certain clauses.

1. Design and Execution of the Online Auction 2.1 Registration and User Account Participation in an online auction is only permitted to natural or legal persons who have registered with the Organizer. All questions in the registration form must be answered truthfully and completely; copies must be submitted if required. Any changes to registration data must be reported by email to info@esiauction.com without delay.

Submitting the registration form constitutes a binding offer to conclude a user agreement. If accepted, the user receives a confirmation email with a personalized link. The user agreement is concluded by clicking the link.

Users may delete their registration at any time without giving reasons. In such cases, data will be permanently deleted unless required for ongoing auctions or contract fulfillment. Deletion requests must be sent by email to info@esiauction.com.

Each user may register only once. Registration is non-transferable.

(a) Natural persons must be of legal age and fully legally competent. (b) Authorized representatives of legal entities must be named. (c) Users receive a password and must keep it confidential.

2.2 Auction Process (a) The auction begins with an offer posted online by the Organizer, representing an intent to conclude a purchase contract. The offer specifies the start and end of the bidding period. Only the highest bid submitted within the bidding time and in accordance with these T&Cs is accepted.

(b) Bids may only be submitted online using the provided form. Offline or improperly submitted bids are not accepted. Acceptance of the T&Cs and acknowledgment of the cancellation policy are required.

(c) Before submitting, a summary of the bid and customer data is shown. The bid becomes binding by clicking "Place bid." An email confirming receipt of the bid follows but does not constitute acceptance. Each bid is conditional on a higher bid being placed. Bidders are bound to their bids until the end of the bidding period. Bids below the minimum bid are not accepted. The purchase contract is concluded with the highest valid bid.

(d) Valid bids must match or exceed the minimum and be at least one bidding increment above the previous bid. The increment is €500. Bidders will be informed if outbid or if their bid is accepted.

All bids are in EUR plus applicable VAT (currently 19%).

(e) The highest valid bidder is notified by email or other permanent medium. This confirms the contract; no further action is needed. Other bidders are not notified. The winning bid is displayed anonymously. The notification includes a contract summary and required information under German law.

(f) The Organizer may exclude bidders for specific auctions, objects, or periods for cause.

(g) The Organizer may cancel auctions at any time for just cause or technical failure. Bids submitted before cancellation are void. Canceled offers are explicitly revoked. Canceled auctions do not entitle bidders to compensation.

(h) A hotline is available during auctions for technical issues (not for placing bids). Fees may apply.

1. Auction Item Details Auction horses are listed with the following:

• Name, gender, age, color, height, images, video, pedigree

These are descriptions only and not guarantees of condition or part of the purchase contract. Heights are approximate. Fertility is not guaranteed.

Each horse has a minimum bid (in EUR). Viewing is only possible by prior arrangement.

Horses are clinically examined and, if 4 years or older, X-rayed with standard projections. Reports can be reviewed online. Bidders are advised to have these reviewed by their veterinarian at their own expense. Bids cannot be submitted without acknowledgment of access to the health documentation. These do not constitute contractual agreements of condition.

1. Prices and Payment Terms All prices and bids are subject to VAT (currently 19%) and are detailed in the invoice.

Total due: Winning bid

• 6% commission
• VAT (19%) = Final amount

The purchase price is due immediately. No cash discounts apply. Payment delays incur penalties. Horses are delivered only after payment.

Buyers can only offset claims if legally established. Rights of retention apply only to claims from the same contract.

4.2 Horse Collection / Place of Performance / Transfer of Risk Prices are ex-location. The buyer must collect the horse at the stated location.

Shipping is not offered but transporters may be suggested.

Risk transfers to the buyer upon contract conclusion, even if the horse remains with the seller temporarily.

The horse must be collected within 2 weeks. After 14 days, a boarding fee of €40/day plus VAT applies.

1. Warranty Rights Legal warranty rights apply, excluding damages, which are governed by section 6.
2. Liability for Damages (a) The seller is liable for intent or gross negligence, including that of agents. (b) For breach of essential obligations, liability is limited to foreseeable damages. (c) For negligent breaches, liability is similarly limited. (d) Liability for injury to life, body, or health remains unaffected. (e) Any further liability is excluded. (f) This also applies to claims for wasted expenditures. (g) Limits apply to agents, employees, and representatives.
3. Retention of Title Title passes only after full payment. Prior to that, no sale, pledge, or alteration is permitted.
4. Limitation Period / Inspection Obligations Warranty claims expire after 12 months unless consumer protections apply, in which case it is 2 years. Business buyers must inspect and report defects promptly under German Commercial Code.
5. Jurisdiction – Place of Fulfillment – Data Protection If the buyer is a merchant, the Organizer's location is the place of jurisdiction. German law applies. CISG is excluded.

We collect and store customer data necessary for the transaction, in accordance with applicable data laws. See our online privacy policy for details.

1. Final Provisions (a) These T&Cs are available in German and English. In case of conflict, the German version prevails. (b) The Organizer may amend the T&Cs. Changes during ongoing auctions will be communicated, and apply only upon renewed bidding. (c) EU dispute resolution platform: http://ec.europa.eu/consumers/odr. We are not obliged or willing to participate in dispute settlement proceedings before a consumer arbitration board. (d) If any provision is invalid or unenforceable, the remainder of the contract remains unaffected.

EQUIEVENTS GmbH, Stand: May 2025