TERMS AND CONDITIONS Holsteiner Foal Auction @ Hamburg Derby 2026
Holsteiner Foal Auction on 14 May 2026 at Hamburg
A. General
I. Organizer of the public auction is the Holsteiner Verband Vermarktungs- und Auktions GmbH, Elmshorn, Westerstraße 93 – 95, 25336 Elmshorn.
The Holsteiner Verband Vermarktungs- und Auktions GmbH, Elmshorn, organizes a foal auction with a publicly authorized and sworn-in auctioneer put in charge of selling the foals at auction. Exhibitor is the owner entitled to dispose of the foal.
II. The foals described in the catalogue are sold in a public auction in the name and for the account of the exhibitor according to section 383 (3) BGB (German Civil Law). When a foal is purchased at auction, the agreement for sale is between the exhibitor/seller and the successful bidder/buyer. The organizer would like to point out that a 5– 19 % agency fee, depending on the knock-down price, will be charged from the exhibitor for the organizer’s acting as an agent.
III. Upon having a foal admitted to auction, the exhibitor accepts the conditions of sale. By participating in the bidding process, any bidder accepts the conditions of sale.
B. Auction
I. During the auction the foals will be presented in hand. The prices are called in euros with the minimum starting bid at 5,000 €. Only increases of at least 500 € will be accepted.
II. Any doubt about the validity of the knock-down has to be asserted at once. At the discretion of the auctioneer in charge, the bidding for a horse can be reopened and continued. This is admissible even if the purchase note has already been signed, but must be effected at the latest by the final fall of the hammer for the last foal. Doubts about the validity of the knock-down may only be asserted by a person bidding for the foal in question, the auctioneer, or the organizer through its executive director. Any disputes with regard to the validity of the knock-down are decided by a commission comprising the auctioneer, the executive director of the Holsteiner Verband Vermarktungs- und Auktions GmbH and the chair or second chair of the Verband der Züchter des Holsteiner Pferdes e.V. by simple majority. An immediate assertion of doubt is no prerequisite for a judicial review as to the validity of the knock-down.
III. In the event that the purchase note is not completed in full or duly signed by the buyer, bidding for a foal can be reopened according to the auction management’s best judgement. The first buyer is liable for any possible deficiency or loss.
C. Settlement, Payment and Transition of Property
I. Knock-down prices are net prices. The price payable by the buyer to the seller/exhibitor is the knock-down price plus VAT (= purchase price). The sales tax raised on the knockdown price depending on the seller’s status is 0% (private sale), 7.8 % (flat-taxed farmer) or 19% (trader/ farmer opting for standard taxation). For each foal, the applicable VAT rate is stated in the catalogue. The VAT rate is stated as declared by the exhibitor. The H.V. Vermarktungs- und Auktions GmbH does not assume liability for this statement.
II. The fee of the Holsteiner Verband Vermarktungs- und Auktions GmbH, Elmshorn, for acting as an agent is 10 % of the knock-down price (net) plus 19 % VAT, payable by the buyer.
III. The Holsteiner Verband Vermarktungs- und Auktions GmbH, Elmshorn has arranged an obligatory insurance with Vereinigte Tierversicherung for any foal put to auction (compare E) at a charge of 1.7 % of the gross price plus insurance tax, payable by the buyer.
IV. In agreement with these specifications, the amount due by the buyer will be calculated as follows:
„knock-down price“ (net)
+ VAT (depending on seller’s taxation status, 0%, 7.8% oder 19%)
= subtotal 1 (= selling price)
+ buyer’s premium (auction fee) at a rate of 10% of the knock-down price(net)
+ VAT (19%)
on the buyer’s premium
(according to section 12 (2) UStG)
= subtotal 2
subtotal 1 and 2
(selling price + buyer’s premium)
= gross price
+ 1,7 % insurance premium
on gross price
+ insurance tax (19 %)
= TOTAL INVOICE AMOUNT
In case of sale and transport abroad, a fixed rate of € 100.00 (incl. 19% VAT) will be charged for the official veterinarian.
V. The total invoice amount is payable immediately after the knock-down. Payment must be made within 5 working days (including Saturday) after the auction day by bank transfer to the H. V. Vermarktungs- und Auktions GmbH’s UniCredit account. In case of payment in foreign currency, the amount credited to the account of the H.V.Vermarktungs- und Auktions GmbH is decisive and must correspond to the invoice amount in euros.
VI. The exhibitor retains ownership of the foal in question in agreement with section 449 BGB until the total invoice amount has been paid to the H. V. Vermarktungs- und Auktions GmbH. Passage of title is effected at the time of the unconditional crediting of the invoice amount to the H.V. Vermarktungs- und Auktions GmbH account with the UniCredit Bank, Elmshorn.
VII. In the event that the buyer does not pay the total invoice amount within five working days (including Saturday) after the day of the auction, the seller may withdraw from the purchase contract and sell the foal elsewhere. The first buyer is liable for any loss and also liable to pay damages to the organizer.
VIII. The exhibitos transfer their claim against the purchaser for payment of the selling price (knock-down price + VAT) to the organizer, the H.V. Vermarktungsund Auktions GmbH, Elmshorn, for collection and settlement. In the event of delayed payment by the buyer, the organizer does not advance funds to the exhibitor. In the event of delayed payment, the organizer is authorized to take action for payment of the selling price and the ancillary claims against the buyer on behalf of the exhibitor without requiring the exhibitor’s special order. The costs for the judicial assertion of the claim are born by the exhibitor.
IX. Organizer of the auction sale draws attention to the reserved right to pay a commission from the agency fee to third parties causally involved in the conclusion of the purchase contract.
X. Buyers based or domiciled in other EU countries pay the statutory German VAT. The VAT will be refunded, if the buyer can prove to the organizer by presenting the VAT identification number that they purchase the horse for their company and will export it immediately after the purchase.
XI. Horses may only be transported between EU countries accompanied by an official veterinary health certificate (Council Directive 2009/156 EC). The issue of this health certificate by the responsible official veterinarian will be arranged by the organizer, if the buyer informs the organizer at least two days prior to the planned transport and provides an official transport plan. The costs for this statutory certificate will be charged at a fixed rate of 100 euros incl. VAT. Costs for export to a non-EU country will be charged to the buyer at cost.
D. Collecting the Foal and Passing of Risk
I. The foal is to be handed over to the buyer on the organizer’s premises at Westerstr. 93, 25336 Elmshorn. The foal will remain with the exhibitor until the agreed date of collection. At the time of collection, the foal must be six (6) months old.
On the day of collection the foal is examined by a specialized veterinarian at the organizer’s Elmshorn facility to assess its general state of health. The foal will be handed over to the buyer provided that a clean health certificate has been issued by a specialized veterinarian. (“readiness for collection”). The examination results are communicated to the buyer, the exhibitor and the organizer. Payment of the purchase price (minus fees) to the exhibitor will only be made upon presentation of a clean health certificate.
If the veterinary exam does not result in a clean bill of health, the exhibitor is entitled to have the foal treated at their own expense and to present it for re-examination within fourteen (14) days. If the re-examination does not result in a clean bill of health either, the buyer is entitled to withdraw from the contract of purchase. In this case, the organizer shall repay the purchase price already paid by the buyer to the buyer within fourteen (14) days.
In the event the foal was sold and is to be shipped abroad, an additional examination by a government veterinarian must be carried out. This examination must be arranged for and paid by the exhibitor. The examination must be carried out within three (3) days of the organizer informing the exhibitor of the sale abroad. The organiser will charge the exhibitor a €100.00 flat fee (including 19% VAT) for coordinating the government veterinary examination.
II. The foal must be weaned no later than one (1) week prior to the agreed date of collection to minimise the risk of injury and stress reactions. The exhibitor must ensure that the foal is halter broken.
III. If the conditions set out in section I and II are met, the buyer must collect the foal on the organizer’s Elmshorn premises immediately after the examination by the specialized veterinarian, but no later than within three (3) working days.
IV. Transfer of ownership is subject to the cumulative fulfilment of the following conditions:
a) full payment of the purchase price,
b) a clean bill of health in accordance with section D clause I (readiness for collection),
c) the actual collection of the foal by the buyer on the organizer’s premises.
V. Until the foal is collected or until the expiry of the period agreed in clause III, the exhibitor shall bear the risk of accidental loss and accidental deterioration of the foal. Upon collection, or in the event of the buyer’s default of collection, upon expiry of the period agreed in clause III, the risk of accidental loss and accidental deterioration shall pass to the buyer. In the event of default of collection, the exhibitor shall only be liable for the safekeeping of the foal in cases of intent or gross negligence (section 300(1) of the German Civil Code).
VI. If the buyer fails to collect the foal declared ready for collection within the period specified in clause III, they shall pay the organizer storage costs of €25.00 net plus VAT per calendar day, starting on the day following the expiry of the deadline. The buyer reserves the right to prove that the damage was less than this amount.
Upon notification by the organizer that the buyer has failed to collect the foal within the specified time limit, the exhibitor is obliged to collect the foal from the organizer’s premises within two (2) working days and take it back into their possession.
VII. The exhibitor is obliged to adhere to professional and ethical standards in their post-auction care for any foal. In the event the foal has been injured or suffered a damage, organizer and buyer must be notified by the exhibitor in writing without delay.
VIII. Other than feeding, ethical management of the foals also involves deworming as well as regular farrier visits. If the foal is collected after completion of the sixth (6) month, the exhibitor must have one shot of tetanus and equine influenza vaccine administered. The exhibitor shall bear the costs for the foal’s upkeep, veterinary certificate, vaccines, deworming, and farrier until collection or unsuccessful expiry of the time limit under clause III. After transfer of risk according to clause IV, the buyer shall bear these costs.
The dates for collection are:
04 September
25 September
09 October
23 October
06 November
18 December
The organizer shall notify the exhibitor and the buyer of the specific collection date in writing no later than two (2) weeks after the event. The foal’s date of birth shall be decisive for determining the date. If the notification is not provided within the specified time limit, the buyer is entitled to set the organizer a reasonable period of grace for determining the date.
E. Insurance
For all foals to be auctioned, the Holsteiner Verband Vermarktungs- und Auktions GmbH, Elmshorn, has arranged obligatory insurance with Vereinigte Tierversicherung (VTV) based on the following conditions:
1. Insurance coverage takes effect with the knock-down.
2. Insurance coverage of the foal expires with the delivery to the first buyer/ young horse raising facility, at the latest on 31 December 2026.
3. Within this period, transportation to the first buyer’s stable is also covered.
4. The indemnity to be granted is 80 % of the particular insurance sum (up to max. 50,000.00 €) minus possible realisation proceeds. In the case of damage the Holsteiner Verband Vermarktungs- und Auktions GmbH, Elmshorn, and the insurance company (VTV) must be informed without delay.
5. The conditions for this can be found in detail in the VTV information “important information on foals“.
Risks insured:
a. Death or emergency euthanasia due to illness or injury.
b. Permanent loss of use due to illness or injury (liability only starts on presentation of the necessary unobjectionable veterinary certificate).
In case of damage or loss, 80 % of the particular insurance sum will be paid out (minus possible realisation proceeds).
F. Liability and Limitation
I. Buyer and seller agree on the quality of the foal as described below:
1. Information stated in the catalogue as to pedigree and age, as well as sex and colour.
2. The physical condition as stated in the certificate of examination issued by auction‘s equine veterinarian. This certificate states the physical condition at the moment of knock-down. The veterinary certificate can be reviewed by prospective buyers at the auction veterinarian’s. Any further written or verbal statement by the veterinarian or representatives of the organizer shall not form part of the agreement on quality.
II. In order to claim warranty on the auction purchase, any notice of defects has to be submitted in written form to the exhibitor/seller by the buyer.
III. Liability for deficiencies or other damages after passing of risk is limited to two years in case the seller is a trader (section 14 BGB) and the buyer a consumer (section 13 BGB) and to one year in any other cases.
IV. The liability limitations and exclusions do not extend to
- liability claims as to damages of life, body or health resulting from negligent breach of duty by the seller or the Holsteiner Verband Vermarktungs- und Auktions GmbH or wilful or negligent breach of duty by a Holsteiner Verband Vermarktungs- und Auktions GmbH legal representative or vicarious agent;
- liability claims as to other damages resulting from gross negligent breach of duty by the Holsteiner Verband Vermarktungs- und Auktions GmbH or a Holsteiner Verband Vermarktungs- und Auktions GmbH legal representative or vicarious agent.
G. Changes, Applicable Law, Place of Jurisdiction, Severability Clause
I. Holsteiner Verband Vermarktungs- und Auktions GmbH and auctioneer reserve the right to alter the proceedings and schedule of the event. Alterations will be announced in due time.
II. German Law shall apply under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (GISG).
III. Place of jurisdiction shall be the organizer’s registered seat provided that the purchaser is a merchant, a legal entity governed by public law or specialized agency subject to public law or the purchaser has no place of general jurisdiction in Germany.
IV. In the event that any or several of the conditions stated above should be or become void, this shall not affect any other conditions.
In case of doubt, the German version of the conditions of sale is given priority to the English translation.
Important Consumer information on Contracts for the Sale of Goods from 1 January 2022
Since 01 January 2022 new provisions for the sale of goods apply for contracts between merchants and consumers under sections 474-479 BGB.
These consumer-protecting provisions do not apply for this auction under section 474 subsect. 2 clause 2 BGB.
This applies regardless whether you are buying from a consumer or a merchant.
Accordingly the special provisions do not apply for used goods sold through a publicly accessible auction (section 312g subsection 2 No: 10 BGB), if clear and comprehensive information that the provisions of this subtitle (sections 474-479) do not apply is made easily available to the consumer.
The horses offered at this event are animals which have been separated from their dams for some time now. As a result, they have undergone an independent development over a longer period and have been sexually mature for quite some time. Regardless of their ridden status and use for breeding they are thus considered as “used” in the sense of the law (BGH, decision from 09 October 2019 – VIII ZR 240/18)
Horses are not things. They are protected by special laws and regulations. They are governed by the provisions that apply to things, except insofar as otherwise provided, section 90a BGB. At this event horses are not sold by way of an execution of judgement, compare section 241a subsection 1 part I BGB. This means that provisions applicable to goods like section 474 subsection 2 clause 2 BGB can be applied to them as well.
The procedure used at this event is a method of sale where goods are offered by merchants to consumers, who are given the possibility to attend the event in person. The offered goods are sold through a transparent, competitive bidding procedure carried out by an auctioneer where the successful bidder is obliged to purchase the goods. This means it is a publicly accessible auction, compare section 312g subsection 2 No. 10.
Special provisions favouring the consumer like shifting of the burden of proof in case of deficiencies (section 477 BGB), negative agreements on quality (section 476 subsection 1 BGB), withdrawal and damages (section 475d BGB) and limitation period (sections 475e subsection 3, 476 subsection 2 BGB) do not apply for this event.
As a matter of course, the general provisions on warranty for defects under sections 434, 435, 437 and following BGB remain unaffected. On this topic please take note of the modifications under our general terms and conditions.
This means:
1. Shifting of the Burden of Proof
Should you notice a material defect, for example an injury or lameness in the horse within a year of the conclusion of the sales contract, under the convention on contracts for the sales of consumer goods the seller would have to provide proof that the defect did not exist when the risk was passed.
This does not apply to contracts concluded at this event!
You have the burden of proof that a material defect was already in existence at the time of passing of risk.
2. Negative Agreement on Quality
Possible deficiencies in a horse will be documented by the pre-purchase veterinary examination on site.
When selling consumer goods, the seller has to specifically inform you on any material defects under section 434 subsection 3 BGB and a deviation from the objective quality and condition must be separately agreed on in the contract.
Material defects in the sense of section 434 subsection 3 BGB are objective and factual, being of such a condition as to render the purchased object unsuitable for the normally intended use, or to deviate negatively from the usual condition and quality you may expect.
This particular obligation to communicate information does not apply for this event!
The veterinary pre-purchase certificates can be viewed by any person in the auction office and on the corresponding website and are an integral part of the contract under the general terms and conditions. You may consult with your own veterinarian to have the stated findings evaluated and interpreted. Risks and deficiencies resulting from the statements of the veterinary certificate are accepted by you.
As to these deficiencies you cannot claim warranty for defects, and there is no need to further communicate special information.
3. Withdrawal and Compensation
Special provisions for withdrawal and compensation for damages apply to the purchase of consumer goods.
In particular, when buying consumer goods, you just have to notify the seller of the defect without having to specify a period of time to remedy the deficiencies in order to be then able to withdraw.
Moreover, in the event a defect becomes apparent in spite of supplementary performance on the merchant’s side, as a buyer of consumer goods you have for example the right to withdraw regardless whether it is the old defect or a new one.
This does not apply to contracts concluded today!
To invoke withdrawal and compensation in place of performance you have to specify a period of time to remedy the deficiencies.
The seller has a right to remedy the defect. Whether or not the remediation of the defect has failed must be decided on an individual basis. Remediation is deemed to have failed after two unsuccessful attempts to remedy.
4. Period of Limitation
Normally when buying consumer goods, the period of limitation for warranty claims does not expire before the end of four months after the time the defect has become apparent for the first time.
In the event a deficiency becomes apparent shortly before the period of limitation expires, you have four month to notify the seller of the defect, regardless of the fact that in the meantime the period of limitation might have expired.
This relief regarding the period of limitation does not apply for contracts concluded at this event!
Even when you notice defects shortly before the period of limitation expires, you must notify us within the period of limitation.