The present online sales terms have been translated and are deemed accurate. Nevertheless, the sale is governed by the German version of the sales terms, and in the event of discrepancies between the German and the English translation, the German version shall prevail.
Terms and Conditions for the BBAG.Auction Platform
1. GENERAL AND SCOPE
1.1 Validity and Scope
These Terms and Conditions (T&Cs) govern the use of services on bbag.auction, an exclusive offering by 3forONE AG, Obere Paulistr. 13, CH-8834 Feusisberg, in technical partnership with BBAG e.V.. The T&Cs apply from the moment you register or use the platform and are binding for all users.
1.2 Contractual Partner and Purchase Agreements
BBAG e.V. is your sole contractual partner for the purchase of horses through auctions. 3forONE AG acts solely as a technical service provider and intermediary without any involvement in purchase contracts or auction execution.
1.3 Technical Implementation
3forONE AG provides the technical infrastructure for conducting online and hybrid auctions and is responsible for the technical functionality of the platform.
2. SUBJECT OF THE SERVICE
2.1 Technical Infrastructure
3forONE provides the technical infrastructure for conducting online and hybrid auctions. Responsibility for the content, the execution of the auctions, and all decisions regarding the participation or exclusion of bidders lies solely with BBAG e.V. 3forONE acts solely as a technical service provider and assumes no responsibility or liability for decisions made in connection with the auction process, including the suspension or exclusion of users during an ongoing auction.
2.2 Liability Disclaimer
3forONE excludes all liability for damages or losses arising from the use of the platform, unless caused by intentional or grossly negligent behavior by 3forONE. This includes, but is not limited to, all decisions regarding the suspension, deletion, or exclusion of users made solely by BBAG e.V. 3forONE is not liable for any financial, legal, or technical consequences resulting from BBAG’s decisions and assumes no responsibility for the content or legal frameworks of the auctions.
2.3 Technical Adjustments
Users are responsible for ensuring that their equipment is suitably configured to use the platform at their own expense. 3forONE is not liable for technical interruptions, delays, or other disruptions caused by the user's technical setup or by third parties, including decisions made by BBAG that may have technical impacts.
2.4 Livestream and Delays
The livestream provided during the auctions may experience technical delays, which depend on the user’s internet connection and the performance of the devices used. 3forONE assumes no liability for delays or other technical disruptions caused by the user’s internet connection or technical equipment. It is recommended to place bids early to account for possible delays.
2.5 Bidding Recommendations
To avoid delays and ensure bids are recorded on time, it is strongly recommended to focus on the bidding interface, as it generally responds faster and more immediately than the livestream. The livestream may be subject to technical delays due to internet connections and device performance. The bidding interface operates in real-time and is, therefore, the most reliable method to place bids correctly and on time. Users should be aware that bids based solely on the livestream may not be recorded on time due to delays.
3. REGISTRATION AND USER ACCOUNT
3.1 Registration
Participation in auctions requires prior registration. Registration is done via a form provided by 3forONE AG. Decisions regarding the approval or suspension of a user account rest solely with BBAG e.V.
3.2 Bid History and Data Access
Your user account will contain personal information as well as information regarding your bidding history. This information may be accessed by BBAG e.V. in accordance with their policies.
3.3 Updating of Data
Changes to the data provided during registration must be promptly updated in the user account. 3forONE AG is not responsible for any disadvantages arising from outdated or incorrect information.
3.4 Responsibility for the Accuracy of Information
The user is responsible for providing accurate and complete information during registration and when using the platform. 3forONE AG assumes no liability for any damages or losses resulting from false, incomplete, or misleading information provided by the user. If it is discovered that a user has provided false information, including a false name, 3forONE AG reserves the right to immediately suspend or delete the user account, without any claims being made against 3forONE AG as a result.
4. PARTICIPATION IN AUCTIONS
4.1 Contract Conclusion
Upon successful participation in an auction, a contract is formed exclusively between the user and BBAG e.V. 3forONE AG is not a contracting party and assumes no responsibility or liability for these contracts.
4.2 Auction Rules and Participation Conditions
BBAG e.V. sets the rules and conditions for participation in auctions, including the ability to exclude users from participation. 3forONE AG has no influence over these decisions and assumes no liability for them.
4.3 Placing a Bid on the Platform
Before submitting a bid, users are required to check the displayed amount in the bidding field. It is the user’s responsibility to ensure that the displayed amount is correct before clicking the "Submit Bid" button. By pressing the button, the displayed bid is accepted as binding. After the bid is submitted, the amount can no longer be withdrawn or changed.
5. LIABILITY AND INDEMNIFICATION
5.1 Liability of 3forONE AG
The liability of 3forONE AG is limited to intentional or grossly negligent behavior. Any further liability, especially for slight negligence, consequential damages, or lost profits, is excluded.
5.2 Liability Disclaimer for Auction Decisions
3forONE AG is not liable for actions or omissions by BBAG e.V., including but not limited to, decisions regarding the suspension or exclusion of users, the management of auctions, or the fulfillment of purchase agreements.
5.3 Indemnification
The user shall indemnify 3forONE AG against all claims from third parties arising from violations of rights or laws by the user. This also includes claims related to participation in auctions or the purchase of horses.
6. COPYRIGHT AND DATABASE RIGHTS
6.1 Copyright Protection
The contents of the bbag.auction platform are protected by German and international copyright and database laws. All rights belong to 3forONE AG or the respective rights holders.
6.2 Use of Content
The user may use the platform's content solely for the intended purpose. Copying, distributing, or otherwise using the content for commercial purposes without the express written consent of 3forONE AG is prohibited.
7. TERM AND TERMINATION
7.1 Term
The user agreement is concluded for an indefinite period and may be terminated by either party at any time unless otherwise agreed.
7.2 Termination by the User
The user may terminate the agreement at any time by deleting their account. Any obligations towards BBAG e.V. already entered into remain unaffected.
7.3 Termination by 3forONE AG
3forONE AG is entitled to terminate the user agreement without notice at any time if the user violates these T&Cs or misuses the platform.
8. FINAL PROVISIONS
8.1 Changes to the T&Cs
3forONE AG reserves the right to amend these T&Cs at any time with effect for the future. Changes will be communicated to the user via email or displayed upon the next login. If the user does not object to the changes within two weeks, the amended T&Cs will be deemed accepted.
8.2 Prohibition of Assignment
The user is not entitled to transfer or assign their rights or obligations under this user agreement to third parties without the prior written consent of 3forONE AG.
8.3 Applicable Law
These T&Cs are governed by Swiss law, excluding its conflict of laws principles and the UN Convention on Contracts for the International Sale of Goods.
8.4 Validity of Current T&Cs
Only the version of these T&Cs that is valid at the time of use applies. Upon the publication of a new version, all future transactions will be subject to the new T&Cs, and previous versions will cease to be valid from the time of publication.
Effective Date: October 17, 2024