Conditions of Sale
FOAL AUCTION at the Springflut Festival 2026-Hörup
A. General
I. Organizer of the public auction are the Holsteiner Verband Vermarktungs- und Auktions GmbH, Elmshorn, Westerstraße 93 – 95, 25336 Elmshorn in cooperation with the Holsteiner Pferdefreunde GbR, Nordhackstedter Straße 8, 24980 Hörup.
The Holsteiner Verband Vermarktungs- und Auktions GmbH, Elmshorn and the Holsteiner Pferdefreunde GbR, Hörup, organize a foal auction with a publicly authorized and sworn-in auctioneer put in charge of selling the foals at auction. Exhibitor is the owner 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/purchaser. 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 as to 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 as to the validity of the knock-down may only be asserted by a person bidding for the foal in question, the auctioneer, or organizer, represented by the executive director. Disputes as 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 executive director of the Holsteiner Pferdefreunde GbR, Hörup 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 purchaser, bidding for a foal can be reopened according to the auction management’s best judgement. The first purchaser 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 purchaser to the seller/exhibitor is the knock-down price plus VAT (= purchase price). The VAT 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 tax rate is stated in the catalogue. The VAT rate is stated as declared by the exhibitor. The H.V. Vermarktungs- und Auktions GmbH and the Holsteiner Pferdefreunde GbR, Hörup, does not assume liability for this statement.
II. The Holsteiner Verband Vermarktungs- und Auktions GmbH, Elmshorn fee for acting as an agent is 10 % of the knock-down price (net) plus 19 % VAT, payable by the purchaser.
III. The Holsteiner Verband Vermarktungs- und Auktions GmbH, Elmshorn and the Holsteiner Pferdefreunde GbR, Hörup, have arranged an obligatory insurance with the 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 purchaser.
IV. In agreement with these specifications, the amount due by the purchaser 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 flat 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 purchaser 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 purchaser is liable for any loss and also liable to pay damages to the organizer.
VIII. The exhibitor transfers their claim against the purchaser for payment of the selling price (knock-down price + VAT) to the organizer, the H.V. Vermarktungs- und Auktions GmbH, Elmshorn, and the Holsteiner Pferdefreunde GbR, Hörup, for collection and settlement. In the event of delayed payment by the purchaser, 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 purchaser 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 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.
The dates for collection are:
04 September 23 October
25 September 06 November
09 October 18 December
E. Insurance
For all foals to be put up to auction the Holsteiner Verband Vermarktungs- und Auktions GmbH, Elmshorn and the Holsteiner Pferdefreunde GbR, Hörup, has arranged an obligatory insurance with the Vereinigte Tierversicherung (VTV) based on the following conditions:
I. Insurance coverage takes effect with the knock-down.
II. Insurance coverage of the foal expires with the delivery to the first buyer/ young stock producer’s stable at the latest on 31 December 2026.
III. 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.
IV. The conditions for this can be found in detail in the VTV information under „Buyer‘s Guide“.
The insurance coverage includes:
a. losses through death or forced killing due to disease or accident
b. permanent uselessness as a riding horse due to disease or accident.
Indemnity is 80 % out of the insurance amount (less possible realisation proceeds).
F. Liability and Limitation
I. Purchaser and seller agree on the legal and factual nature 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 veterinary surgeon. This certificate states the physical condition at the moment of knock-down. Any further written or verbal statement by the veterinarian or representatives of the organizer shall not incur liability.
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 purchaser.
III. Liability for deficiencies or other damages after passing of risk is limited to two years in case the seller is an entrepreneur (section 14 BGB) and the purchaser a consumer (section 13 BGB) and to one year in all 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,the Holsteiner Pferdefreunde GbR, Hörup, or wil, ful or negligent breach of duty by a Holsteiner Verband Vermarktungs- und Auktions GmbH and Holsteiner Pferdefreunde GbR, Hörup, legal representative or vicarious agent.
The liability limitations and exclusions do not extend to liability claims as to other damages resulting from gross negligent breach of duty by the Holsteiner Verband Vermarktungs- und Auktions GmbH and Holsteiner Pferdefreunde GbR, Hörup, or a Holsteiner Verband Vermarktungs- und Auktions GmbH and Holsteiner Pferdefreunde GbR, Hörup, legal representative or vicarious agent.
G. Changes, Applicable Law, Place of Jurisdiction, Severability Clause
I. Holsteiner Verband Vermarktungs- und Auktions GmbH, Holsteiner Pferdefreunde GbR, Hörup, 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 for all conflicts arising out of the contract between purchaser and organizer, the Holsteiner Verband Vermarktungs- und Auktions GmbH and the Holsteiner Pferdefreunde GbR, Hörup, , 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 any case of discrepancy between the German and the English version of these Auction Terms and Conditions, only the German version shall apply.