Standard terms and conditions
for the auction of cattle and embryos in commercial transactions

These Standard Terms and Conditions (“T&C”) apply to all cattle auctions held by Masterrind GmbH (hereinafter also referred to as "MR“ or the “Organizer“). MR acts as auctioneer of the cattle to be auctioned. The information provided by the owner of the animals to be auctioned, which MR does not have to check, will merely be passed on by MR, without any guarantee of completeness and accuracy. All auctions held by MR shall be governed by these terms and conditions, regardless of the ownership of the respective animal at the beginning of the auction, and the MASTERRIND Standard Terms and Conditions of Sale of Cattle applicable to the purchase contract between seller and bidder pursuant to Appendix 1. Any standard terms and conditions contrary to these provisions are expressly rejected by us, unless we have expressly agreed to them in writing or unless they are an Appendix hereof. 

All agreements made between us and the bidders or the purchaser for the purpose of performance of a concluded contract are set out in these T&C and their Appendices. The auctions are exclusively intended for entrepreneurs within the meaning of Section 14 German Civil Code (“BGB”). Consumers are excluded from participating in auctions. 

 

1)     General provisions, scope

We, MASTERRIND GmbH, registered at the register court in Walsrode under no. HRB 121917, Osterkrug 20, D-27283 Verden/Aller (also referred to hereinafter in short as the ‘Organiser’), conduct the auction of cattle on the Internet (also referred to here in short as the ‘Online Auction’) in our capacity as provider, in our own name and for third-party account. In our capacity as Organiser, we base the purchase contract with the Buyer, as well as the legal relationship with the bidder(also referred to in short as the ‘User’ or the ‘Customer’) and the Seller, on these Terms of Online Auction (also referred to hereinafter in short as the ‘TOA’).

Our TOA apply exclusively; we do not accept any terms and conditions that differ from our TOA unless we have expressly consented to their applicability. Our TOA also apply if we are aware of terms and conditions of the Buyer that conflict with or differ from our own TOA and execute delivery without making reservations in this respect.

All agreements concluded between ourselves and the Buyer for the purpose of fulfilling a concluded contract are set down in these TOA.

We reserve our ownership rights and copyrights in respect of images, videos, drawings, descriptions and other materials we use for the auction. The Buyer, Bidder and any third party require our express written consent before passing on such materials to third parties.

Our TOA basically apply equally to other companies (Section 14 of the German Civil Code (BGB)) and to consumers (Section 13 BGB), unless the applicability of particular sections is expressly limited in scope.

 

2)     Organisation and conducting of the Online Auction

a)     Login, registration and user account

Only natural persons or legal entities that have registered with the Organiser are permitted to participate in an Online Auction. When registration is initiated, all the questions asked by the Organiser on the registration form must be answered properly and correctly, and any copies requested must be attached. Registration can be cancelled at any time without giving reasons, under the menu item ‘Cancel my registration’ provided on our website; in this case, all registered data will be permanently erased unless they are needed for an ongoing bidding procedure or to process a purchase that has already been made. In this case, data will not be erased until there is no question of the data still being required. For the rest, reference is made to Section 9 of these TOA.

b)     Representation and legal capacity

i)      Natural persons may register to use the platform only if they are of full legal age and have full legal capacity.

ii)     Natural persons with power to represent a legal entity must be specified by name.

iii)   Registered users receive a password. Users must keep their passwords secret.

c)     Online Auction procedure

i)       The Online Auction begins with an offer being placed on the auction website by the Organiser. This constitutes a declaration of intent by the Organiser with the aim of concluding a purchase contract. The bidding period is defined in the offer by the stated ‘End of Auction’. A simple ‘Yes’ does not suffice to accept the offer, which is a declaration in advance that the highest bid will be accepted. Only the highest bid that is validly submitted by a bidder within the specified bidding period and in accordance with these Terms of Online Auction will be accepted by the Organiser.

ii)     Bids may only be submitted online, using the entry mask installed on the platform for registered users. Bids submitted in any other way shall be disregarded, even if they are received by the Organiser during the bidding period. Nor shall bids be accepted in which the bidder fails to state that they agree to these TOA being applicable to their particular bid, and that they have read the information on cancellation rights. Bids submitted by the end of the auction for the registered user under ‘Bid’, in accordance with these TOA, shall participate in the auction only if they have been received by the Organiser by the end of the auction. Transmission of the bid is at the bidder’s risk.

iii)    Before submitting a bid, its content, including the customer data, is displayed on a summary page, where the bidder can correct their bid using the editing fields provided. By clicking on the ‘Submit bid’ button, the bidder submits a binding bid to the Organiser to conclude a purchase contract. After submitting the bid, the bidder receives an automatic eMail or push notification from the Organiser, confirming our receipt of the bid and showing its details (confirmation of receipt). This confirmation of receipt does not constitute an acceptance of contract, but is merely a confirmation to the user that the submitted bid is participating in the auction. Each bid by a bidder can be subsequently cancelled by submitting a higher bid. Each bidder is bound by their submitted bid until the end of the bidding period. Bids that are lower than the minimum bid do not participate in the auction, even if the Organiser does not receive a higher bid by the end of the auction. The purchase contract for the auctioned cattle is formed at the end of the bidding period by the highest validly submitted bid by a registered bidder (user or customer), without it having to be separately accepted.

iv)    A valid bid must be at least equal to the minimum bid and must otherwise be at least one bidding step higher than the previous bidder’s bid. For cattle put up for auction, the bidding step is at least € 50. Bidders will be informed by eMail or in some other appropriate manner on the website whether their bid has been accepted or whether they have been outbid.

All submitted bids are subject to value-added tax at the respective rate.

v)     Notification that a contract has been concluded: The bidder who submitted the highest valid bid at the end of the auction shall be notified of the fact by eMail, or in some other text form on a permanent data storage medium. Receipt of this notification constitutes confirmation of the purchase of the purchase contract that has already been concluded and is not an additional requirement for the contract to be concluded. Bidders who have not submitted the highest bid will not be notified. The highest bid will only be announced anonymously on the platform immediately after the bidding period has ended. The notification message sent to the Buyer includes a confirmation of the contract pursuant to Section 312 f BGB, in which the content of the contract is reproduced and which contains the details, including on rights of cancellation, as required by Article 246 a of the Introductory Act to the German Civil Code.

vi)    We have the right, at our own discretion, to bar registered bidders from particular auctions for particular objects, or for a particular period or in general, and thus to exclude them to a limited or unlimited extent from participating in auctions. This is permissible only if there is good cause indicating that it is no longer reasonable for us to continue a legal relationship with the barred person.

vii)  The Organiser may stop an auction at any time before the end of the bidding period if they decide to do so at their reasonable discretion for an objective reason. The Organiser also has the right to stop the auction in the event of system failures caused by technical issues. In that respect, we expressly reserve the right to revoke our respective online offer posted pursuant to item i above. The decision to terminate shall be communicated on the website, stating the reason in brief. Bids already submitted shall expire without replacement when termination is communicated. In the case of an auction conducted as announced and terminated at the end of the bidding period, this reserved right to revoke our offer to sell to the highest bidder expires at the end of the auction, without a separatestatement from us being required. No claims by bidders for damages shall be accepted if they relate to technical problems conducting the Online Auction, particularly system failures, non-receipt of bids or their rejection for technical reasons.

 

3)     Prices, terms of payment

All prices and bids are subject to value-added tax (VAT) at the applicable rate. This is itemised separately on the invoices. The bidder shall receive the invoice, stating the price and the VAT, along with the confirmation that a purchase contract has been concluded.

No discounts may be deducted. The purchase price is due and payable immediately and without deductions when conclusion of the purchase contract is confirmed. The statutory regulations regarding the consequences of default on payment shall apply accordingly. The auctioned cattle shall not be handed over to the Buyer or to the carrier until the purchase price has been paid. Attention is expressly drawn to the fact that additional holding fees may be incurred even is payment is made on time. The Buyer has no set-off rights unless their counter-claims are undisputed, acknowledged by us, or established by a final court decision. The Buyer is authorised to exercise a right of retention only to the extent that their counter-claim derives from the same contractual relationship.

 

4)     Collection of the cattle, place of performance, transfer of risk

The bidding prices basically apply for collection by the Buyer themself from the location of the cattle. The specified location is the agreed place of performance according to the concluded contract.

The auctioned cattle will not be shipped, even if the Buyer so requests. However, we are prepared, on request and without obligation, to provide the contact details of several carriers to select from, who will provide such transport as inexpensive standard delivery on behalf of and for the account of the Buyer, in return for payment.

On conclusion of the purchase contract, the risk within the meaning of Section 446 BGB passes to the Buyer, even if the cattle remains initially in the custody of the Organiser or the Vendor.

 

5)     Data privacy

We collect and store the Customer’s data which are necessary to process the business transaction. We comply with the statutory regulations when processing the Customer’s personal data. Further details can be found in our Privacy Policy, which is available online on our website. The Customer has the right to be informed, on request, about the data stored in respect of their person.

 

6)     Final provisions

a)     These Standard Terms of Business are available in German and English. In the event of any conflicts, the German version alone shall apply; when interpreting the English version, the German version is also authoritative and shall be used first and foremost.

b)     The Organiser reserves the right to amend or add to these Terms of Online Auction for the future. Registered bidders will be informed separately by eMail of any amendments or additions to these Terms during ongoing auctions. The amended or supplemented Terms shall not be applicable until the bidder submits a new bid after receiving said information.

c)      The European Commission provides a platform for online dispute resolution

(the ‘ODR’ Platform). The purpose of the ODR Platform is to help settle disputes out of court that arise from online contracts. The ODR Platform can be accessed at the following web address: http://ec.europa.eu/consumers/odr.

Pursuant to Section 36 of the Consumer Dispute Resolution Act (VSBG), we give notice that we are neither willing nor obligated to participate in dispute resolution proceedings before a consumer dispute resolution board.

d)     Should any provisions of these Terms of Online Auction be invalid or unenforceable, this shall have no effect on the validity of the other provisions of the contract. The invalid or unenforceable provision shall be replaced by the statutory provisions. The same principle shall apply accordingly in the event that the contract is found to contain gaps or loopholes.

e)     The laws of the Federal Republic of Germany shall govern exclusively, under exclusion of the UN conventions relating to the international sale of goods, the regulations of international private law and all international treaties for determining the governing law. The exclusive place of jurisdiction for any disputes arising from an Internet auction, a purchase contract concluded on the basis thereof, and for its implementation and rescission, is Verden, Germany.

 

The embryos published via MASTERRIND GmbH are offered via the ET station Nückel / SYNETICS, station number: D-ETR-001 EWG.


Appendix collection

Appendix 1 - MASTERRIND GmbH Standard Terms and Conditions of Sale of Cattle

Appendix 2 - Commission Fee

Appendix 3 - Insurance provisions

 

Status as of December 2023