The auction is a public auction in the sense of 55 474 Abs. 2; 312g Absatz 2 Nr. 10 BGB, in which the horses are sold as used goods in the legal sense. The regulations of the German consumer goods purchase law (55 474 ff. BGB) do not apply.
This means, among other things, that the reversal of the burden of proof according to § 477 BGB is also not applicable for defects that occur within six months after the transfer of risk. In addition, the risk of accidental loss and accidental deterioration is already transferred to the buyer with the acceptance of the bid, in deviation from the law on the sale of consumer goods. In case of withdrawal or compensation due to a defect of the horse, the costs of the return shipment are to be borne by the buyer.
The limitation rules contained in the auction conditions apply exclusively. This means that the extended limitation rules of the consumer goods sales law do not apply. In addition, the seller may, in deviation from the rules of the sale of consumer goods, claim an agreement made prior to the notification of a defect to the entrepreneur, which deviates from the statutory provisions on warranty to the detriment of the buyer.
This legal notice is available in German and English. In case of inconsistencies, the German version alone shall apply; in case of interpretations, the German version shall also be primarily used and authoritative for the interpretation of the English version.