English version - 3. Klaaßen Auction

This is only a translation of the german terms & conditions. Only the german version is valid.

By using our auction services – in particular by placing a bid – you agree to these terms and conditions. We therefore recommend that you review them in advance.

1. General Provisions
1.1. This auction is a freely accessible public auction within the meaning of § 383 (3) BGB (German Civil Code) and § 474 (1) sentence 2 BGB, in which the horses are sold as “used goods” within the legal meaning. The provisions on consumer goods sales (§§ 474 et seq. BGB) do not apply.
Accordingly, the legislator requires us to explicitly draw the attention of buyers acting as consumers to the consequences of this fact.
This means for the buyer that the agreed condition (“Beschaffenheit”) of the horses sold is determined exclusively by the conditions set out below, i.e., in particular, there is no intended use presumed under the purchase contract concluded by the knockdown (“Zuschlag”), and the seller does not warrant that the purchased item is suitable for the use intended by the buyer.
Likewise, the seller is not liable for the usual condition of the horses sold, because – unlike in a consumer goods sale – the sale is made with the exclusion of any warranty.
The seller is also not obliged to ensure that the horses sold retain their required functions and performance under normal use at the time of transfer of risk. These limitations apply regardless of the purchase price paid.
The buyer of a horse purchased here may therefore not claim that a certain characteristic deviates from the objective requirements. Unlike in a consumer goods sale, these conditions also provide for a shortening of the limitation period for the buyer’s claims, which would be completely inadmissible in a consumer goods sale.
The buyer also may not assert defects that were apparent to him before the conclusion of the purchase contract.
Furthermore, the buyer does not have the reversal of the burden of proof provided for in consumer goods sales, in the event that a defect becomes apparent within six months. The buyer must in any case prove, in order to assert his rights, that the defect already existed at the time of transfer of risk.
1.2. Where restrictions may arise because interested parties do not wish to enter the auction room, these can be compensated for by the option of participating in the auction via the internet. To supplement the offer opened by the freely accessible public auction, buyers may therefore be given the opportunity to place bids also and/or via telephone and by using the internet. For such bids, in addition to these auction terms and conditions, the conditions set out in the annex apply.
1.3. The organiser of the auction (hereinafter “Organiser”) on 30 August 2025 is Raulf Auktionen GbR, acting on behalf of and with authority from Andreas Klaaßen, Takenfeldweg 21, 46399 Bocholt (hereinafter referred to as “Seller”).
1.4. By placing a bid or submitting a written purchase offer, the bidder (always referred to as the “Buyer”) acknowledges the foregoing terms and conditions. Should any provision be legally invalid, the remaining provisions shall remain in force. The parties hereby agree in advance to replace the invalid or unenforceable provision with a provision that is valid and/or enforceable and comes closest in economic effect to the invalid provision and to the intent of the parties at the time of contract conclusion.
Each bid on a catalogue number constitutes a legally binding offer to conclude a purchase contract, which remains effective until it is outbid or the auction is closed without award (“Zuschlag”). With the declaration of acceptance by the auctioneer in connection with the knockdown of the highest bid, a purchase contract concluded by way of auction is formed between the Buyer and the Seller.
1.5. The Organiser is entitled:
• for good cause to change the date of the auction, to postpone the start time of the auction, to determine another venue for the auction, to order an interruption of the auction, to terminate the auction without completing it, or to take similar measures;
• in justified cases to exclude individual persons from participation in the auction, from visiting, and from entering the auction premises;
• to order a bidding ban for certain persons;
• to take all other measures necessary or useful for the interest and conduct of the auction
the Organiser is – even without giving reasons – entitled to reject bids, withdraw items from the auction, combine or split catalogue numbers. In justified cases, the Organiser is entitled to withdraw the knockdown and re-offer the catalogue number.

2. Liability
2.1. Attendance at and participation in the auction is at everyone’s own risk. Liability of the Organiser is excluded. Claims for damages and reimbursement of expenses, irrespective of the legal grounds, are excluded. This does not apply to liability for damages resulting from injury to life, body, or health caused by at least negligent breach of duty by the Organiser and/or the Seller, their legal representatives, or vicarious agents, nor to other damages caused by at least grossly negligent breach of duty by the Organiser and/or Seller, their legal representatives, or vicarious agents. In such cases, liability is limited to the foreseeable, contract-typical, direct average damage; in the case of culpable injury to the life, body, or health of the Buyer and for claims under the German Product Liability Act (“Produkthaftungsgesetz”).
2.2. The Organiser is liable exclusively for the proper conduct of the auction in accordance with these terms and conditions.

3. Limitation Period
3.1. Claims of the Buyer for damages and reimbursement of expenses, irrespective of the legal grounds, shall become statute-barred three months after they become known. This does not apply to liability for damages resulting from injury to life, body, or health caused by at least negligent breach of duty by the Organiser and/or the Seller, their legal representatives, or vicarious agents, nor to other damages caused by at least grossly negligent breach of duty by the Organiser and/or Seller, their legal representatives, or vicarious agents. In such cases, liability is limited to the foreseeable, contract-typical, direct average damage; in the case of culpable injury to life, body, or health of the Buyer and for claims under the German Product Liability Act.
3.2. In the event that warranty claims are validly asserted, they become statute-barred for entrepreneurs (§ 14 BGB) 14 days after delivery, and for consumers (§ 13 BGB) three months after delivery. This limitation does not apply to claims for damages to body and health caused by a defect for which the Seller is responsible, or based on gross negligence, intent, or fraudulent intent of the Seller or its vicarious agents. In such cases, the statutory limitation period applies.

4. Knockdown
4.1. Bids are to be made in euros, in accordance with the instructions of the Organiser. The knockdown will be given when, after repeating the highest bid three times, no higher bid is placed. If several persons simultaneously place the highest bid, the Organiser shall decide – as in all other disputes – at his sole discretion. This decision is binding.
4.2. The Buyer must pay the knockdown price plus statutory VAT, which will be increased by an auction fee of 10% plus statutory VAT. Immediately after the knockdown, the Buyer must pay the knockdown price plus the auction fee in cash in euros (€) or by EC card at the auction office. For foreign EC cards, an additional fee of 1.1% will be charged. Payment by credit card will incur a surcharge of 3.5% on the final amount. The Buyer has no entitlement to pay by cheque.
4.3.
Example calculation:
Knockdown 10.000,00€
plus 19 % VAT 1.900,00 €
Auction fee 10 % 1.000,00€
plus 19 % VAT on auction fee 119,00 €
Total amount 13.019,00 €

4.4. The sale of the horses is subject to statutory VAT, where applicable. If the Buyer is not liable for statutory VAT, exemption may be granted upon presentation of the required documents. Buyers from EU Member States must provide a VAT identification number and a “Gelangensbestätigung” (proof of delivery) no later than 10 days after the auction. The same applies to VAT on the auction fee. If the required documents are not available by the time of knockdown, the total price including auction fee and VAT must be paid. Upon presentation of the documents for VAT exemption, the retained VAT will be refunded.
4.5. The Buyer’s identity must be proven with a suitable document (e.g., identity card). If the Buyer does not comply within 30 minutes after the knockdown, the Organiser is entitled, but not obliged, to re-offer the horse during the auction. The first Buyer is liable to the Organiser for refusal to fulfil the purchase contract.
4.6. Regardless of the time of transfer of ownership, the risk of any damage or accidental loss passes to the Buyer upon knockdown. The Buyer is obliged to take possession of the horse immediately after signing the digital purchase slip and making payment.
4.7. The Seller transfers ownership of the horse to the Buyer and declares that no third-party rights to the horse are known. The horse’s papers will be handed over upon payment of the purchase price.
4.8. Persons who bid on behalf of others, whether for consideration or free of charge, always bid and purchase on their own account vis-à-vis the Organiser or Seller and cannot claim to have acted on behalf of third parties, unless they have deposited a valid original power of attorney from their principal with the Organiser before the event.
4.9. Subsequent changes to the billing address are only possible in exceptional cases. The billing address is binding as per the Buyer’s registration data in their MennrathS customer account. Any changes must be submitted in writing before the auction. Changes after the auction must also be requested in writing and are subject to an administrative fee of € 50.

5. Auctions Goods
5.1. The horses offered for sale will be presented in hand, at liberty, or under saddle. Any height specifications are approximate values; deviations from the actual height are possible. Information on the pedigree and training level of the horses to be purchased has been prepared to the best of our knowledge and belief. No warranty is given for this information. In particular, information on the training level or riding promotion does not constitute an agreed condition (“Beschaffenheit”). All horses have an equine passport and, where issued by the relevant association, a certificate of ownership. The Organiser and Seller do not guarantee the accuracy of the contents of these documents. Based on the documents presented, each horse has been clearly identified. For a purchase decision, only the presentation of the horse in the auction ring (“visual inspection”) is guaranteed.
5.2. The horses have generally not been examined by a veterinarian. If a veterinary examination is reported during the auction, this does not constitute an agreement on condition. This information is provided solely to assist the Buyer in making a purchase decision. Any existing reports of clinical and radiological examinations and findings are available to Buyers, their authorised representatives, and veterinarians engaged by them for independent review, assessment, and verification before the auction. The reports may contain information on physical conditions of the horses deviating from the norm. Veterinarians provide their services independently. The reports and statements of veterinarians do not constitute a condition owed by the Organiser or Seller. Veterinarians are not vicarious agents of the Seller or Organiser.
5.3. No declaration is made regarding the suitability of the auction goods for the purpose intended by the Buyer or for training for such purpose. Suitability for the Buyer’s intended use and any other characteristics are therefore neither expressly nor implicitly assumed. There may be obstacles to suitability that are not visible at knockdown and may only become apparent later, possibly only during training or sporting use. Training alone places high demands on the mental and physical resilience of the horse. Whether the auction goods will meet these demands is uncertain at the time of the auction. The same applies to breeding suitability.
5.4. The Buyer must therefore weigh and decide, based on the characteristics of the auction goods which he can determine through inspection, whether and how he wishes to use them. It is the Buyer’s responsibility to assess or have assessed the horse before knockdown, either personally or through a veterinarian or other expert of his choice, regarding all essential characteristics and qualities. Apart from the condition described above, the horse is sold “as seen”, with the complete exclusion of any warranty. The warranty liability for legal and material defects of the Organiser and Seller is excluded to the extent permitted by law. This exclusion does not apply to liability for damages resulting from injury to life, body, or health caused by at least negligent breach of duty by the Seller, its legal representatives, or vicarious agents, nor to liability for other damages caused by at least grossly negligent breach of duty by the Seller, its legal representatives, or vicarious agents. Any benefits derived from use are to be set off. In all other respects, the statutory provisions apply.
5.5. The exclusion of warranty does not apply where the Buyer relies on a defect resulting from a guarantee of condition or an agreed condition, or where the Buyer was fraudulently deceived. A non-standardised description of the training level of the horse sold by the Seller does not constitute fraudulent intent. It is therefore the Buyer’s responsibility to ascertain the actual training level of the horse.
5.6. If a prospective Buyer is not certain about his purchase decision, bidding is discouraged.
5.7. The Seller assumes no contractual liability beyond the above.
5.8. The horses to be auctioned are not intended for slaughter. The Buyer undertakes to keep the horses acquired in a species-appropriate manner and to treat them in accordance with the guidelines for horse husbandry, and in particular to provide veterinary assistance in due time when required.
5.9. Ownership passes to the Buyer only after full payment of the invoice amount. Claims of any kind do not entitle the Buyer to withhold the purchase price.

For any disputes, the place of jurisdiction is agreed to be the seat of the Organiser, provided the Buyer is a merchant.

Mönchengladbach 08. August 2025

For the Organiser,

Volker Raulf
(publicly appointed and sworn auctioneer
for agricultural goods and horses
by the Chamber of Commerce and Industry of Mittlerer Niederrhein)

Annex to the terms & conditions for online bidding

In addition to our traditional auction, we invite interested parties and participants to use our online service to follow the auction live in real time and to bid.
For this online service, the “MennrathS live plus Auction”, the following terms apply – in addition to the fully applicable auction terms and conditions:

1. This annex to the auction terms and conditions, entitled “General Terms and Conditions for the MennrathS live plus Auction”, applies to all business relations between Raulf Auktionen GbR, Mennrath 100, 41179 Mönchengladbach (hereinafter “Organiser”) and the participants in a “MennrathS live plus Auction” on the Organiser’s auction platform www.mennraths.de, where these terms can be viewed at any time. They are fully and exclusively binding upon placing a bid, regardless of the method of bidding. These terms also apply when other websites use the www.mennraths.de auction website in such a way as to provide full or partial access to a MennrathS live plus Auction. Any conflicting or deviating terms of participants in a MennrathS live plus Auction shall have no effect, even if their validity is not expressly rejected in an individual case. They are not recognised by the Organiser unless their (partial) validity has been expressly agreed in writing.
2. The MennrathS live plus Auction is a public and voluntary auction of goods from the agricultural sector and horses in the broadest sense. It takes place as a time-limited event under the provisions of the German Ordinance on Commercial Auctions (“Versteigerungsverordnung” – VerstV), the applicable legal provisions of the BGB and HGB, and these auction terms and conditions on the internet auction platform www.mennraths.de, under the direction of an auctioneer personally present during the auction, in euros.
3. Interested parties who cannot attend the auction in person have the opportunity to follow the auction live in real time via the internet and to bid live online. The purchase contract concluded by the knockdown obliges the Buyer to take delivery of all catalogue numbers he has purchased and to pay the total invoice amount in euros. This also applies to knockdowns resulting from incorrect entries by the bidder.
4. Bidders must register on the website www.mennraths.de. Those wishing to bid online must first provide a security deposit of € 1,000 by bank transfer to the auction account or by credit/Visa/JCB card. Interested parties make a request in their user account and then find the various options for providing the security deposit. Only once the deposit has been made/reserved will they be activated for online bidding and can participate live via the internet. For interested parties who do not purchase a horse, the deposit will be returned or the card reservation released on the next working day after the auction.
5. Registration can be deleted at any time without giving reasons; in such case, all registered data will be permanently deleted unless required for an ongoing bidding process or for handling an already completed purchase. Deletion will only occur when it is definitively certain that the data will no longer be needed. After one-time registration, a separate login with password is required for each MennrathS live plus Auction. Registration must be made by a legally competent natural person, with truthful and complete data, under a self-chosen and confidential password. The Organiser is not liable for damages resulting from misuse of a password. Legal entities may only be registered through named and authorised natural persons. Only one registration is allowed per person. A P.O. box address is not permitted. The Buyer is obliged to keep registration data up to date. Damages resulting from incorrect or outdated data are borne by the Buyer. Data transmission is encrypted for maximum security. The Organiser undertakes to treat data with strict confidentiality. Customer data will only be disclosed where required by law or for the fulfilment of the contract. Raulf Auktionen GbR collects and stores the Buyer’s data necessary for business processing. The Buyer may request information at any time about the personal data stored about him.
6. The Organiser is entitled – even without giving reasons – to block IP addresses for the MennrathS live plus Auction, to exclude persons entirely from the auction, and to remove any bids they may have placed from the ongoing auction. Re-registration – even indirectly through third parties – after an exclusion is only permitted with the express consent of the Organiser; otherwise, the excluded person is liable for all costs and damages resulting from his re-registration and (the prevention of) his activities on the Organiser’s auction platform.
7. The Buyer successful via the internet must, immediately after the knockdown and receipt of the invoice sent to the email address provided, pay the invoice amount within three working days. Payment can only be made by bank transfer to the bank account stated on the invoice or in cash. The Buyer has no entitlement to pay by cheque. The Buyer bears any costs of payment transactions. Payments in foreign currencies will be accepted according to the exchange rate on the settlement date and credited in euros by a major bank, with any differences due to exchange rate fluctuations borne by the Buyer.
8. For Buyers successful via the internet, the risk of any damage or accidental loss passes – regardless of the time of transfer of ownership – already upon knockdown. There is no right to delivery of auctioned horses until full payment of the total invoice amount for the catalogue numbers purchased in the auction plus any accrued costs and interest. Any deviation from this payment method is only permitted with prior written agreement with the Organiser. In the case of purchase for a third party, the Buyer is jointly and severally liable with such third party. If, at the Buyer’s request, the invoice is issued in the name of a third party, the Organiser thereby only recognises an additional performance obligation of that third party; no further rights are granted to that third party. The Buyer’s liability remains unaffected.
9. Transport of auctioned horses is either by self-collection or by a carrier appointed by the Buyer, after the total invoice amount has been credited to the Organiser’s account.
10. The Buyer is in default of payment at the latest five working days after knockdown or receipt of the invoice, without the need for any further reminder or request for payment. In case of default of payment or refusal to take delivery of the awarded catalogue numbers, the Buyer loses his rights from the knockdown. In this case, the Seller has the right to sell the horse not taken over by private treaty. The Buyer in default is liable for any difference between the purchase price and the knockdown price.
11. German law applies to this public auction. It is a freely accessible public auction within the meaning of § 383 (3) BGB and § 474 (1) sentence 2 BGB, in which the horses/goods are sold as used goods within the legal meaning. The provisions on consumer goods sales (§§ 474 et seq. BGB) do not apply.
12. Should one or more provisions of these auction terms be wholly or partially invalid, the validity of the remaining provisions shall not be affected. The invalid provisions shall be replaced by valid provisions that come closest in economic content and purpose to the invalid provisions. The same applies to contractual gaps. In the event of differences of interpretation between texts in multiple languages, only the German version is binding. Place of performance and jurisdiction for commercial transactions is the seat of the Organiser.

Mönchengladbach 08. August 2025

For the Organiser,

Volker Raulf
(publicly appointed and sworn auctioneer
for agricultural goods and horses
by the Chamber of Commerce and Industry of Mittlerer Niederrhein)


MennrathS Auktionen - eine Marke der Raulf Auktionen GbR
Dipl.Ing. agr. Volker Raulf & B.Sc. agr. Wilma Raulf
Volker Raulf: von der IHK Mittlerer Niederrhein öffentlich bestellter und vereidigter Auktionator für landwirtschaftliche Güter, Spezialgebiet: Pferde
Wilma & Volker Raulf: von der LWK Nordrhein-Westfalen öffentlich bestellte und vereidigte Sachverständige für Pferdezucht und -haltung, Reit-, Fahr- und Turniersport
Büroanschrift: Mennrath 100, 41179 Mönchengladbach
Tel. : 02161 580585 St.-Nr. 121/5837/5130 Web: www.mennraths.de
Fax : 02161 584452 USt.-ID.Nr. DE 361888989 Mail info@mennraths.de