viehworld GmbH
Bernardgasse19/3
1070 Vienna
Model contract between buyer and seller of the platform:
The present terms and conditions ("GTC") apply to all services provided by us, in particular for the brokerage of livestock sales via our App viehworld ("App").
General terms and conditions of business or purchase, contract templates or other regulations of the user do not apply in this respect - even without us expressly objecting to them in individual cases.
By making the app available after your registration and activation of the sales screen contained therein, we invite you, without obligation, to make us an offer to conclude a brokerage contract for the sale of livestock belonging to you.
Our fee for the provision of our brokerage services, in particular the general use of our app for the sale of livestock and the presentation of your specific advertisement to the other users of the app, is calculated on a pro rata basis of the purchase price to which you are entitled after conclusion of a purchase contract for the animal described in the advertisement. The amount of the commission charged for the placement of the specific animal is shown in our tariff regulations, but can also be seen in detail when placing an ad after selecting the respective animal category. Our brokerage fee is due for payment when the bid is accepted by a buyer ("successful placement").
By placing an advertisement via our app, you are making us an offer to conclude a brokerage contract with the content and conditions specified there, as well as in accordance with the provisions of our current GTC for the specific animal specified by you. In the app, under Account/My auctions, you will find the details of your offer, in which we summarize the receipt of your offer, specifically its conditions, the information on the animal offered, the period you have selected for submitting offers ("offer period") and the mode you have selected (see point 7 below), as well as our current GTC.
The contract is concluded if and when we accept your offer by activating your ad. You will also find the activation directly in the app. We reserve the right to reject offers to conclude brokerage contracts (i.e. at the same time: the publication of advertisements) without giving reasons, in particular if the quality of the information contained therein (completeness of the data, informative value of the images) does not comply with our advertising guidelines.
The person in whose name the user account was registered in the app is always deemed to be our contractual partner in the brokerage contract
Any changes or additions to the mediation contract (including the rules set out in these General Terms and Conditions) must be made in writing (e-mail is sufficient) to be effective.
By concluding the mediation contract, we undertake to keep an advertisement from you as a seller within the app available to our users for the selected offer period and to give you access to our app via your user account (at least until then) and in particular to grant the possibility to manage the advertisement. If a purchase contract is concluded with a buyer by way of an award in our app, our activity was meritorious if we have fulfilled the above obligations as intended. We do not guarantee a specific number of users, a specific yield or actual sales success.
The respective mediation contract exists exclusively with the seller who placed the specific advertisement as our client; we have no contractual relationship with the users who act as bidders (the subsequent buyers). We are therefore not under any obligation to check the population, type or quality of the animals offered and we also assume no liability for the correspondence of the animal handed over by the seller with the object of purchase or the freedom from defects of the same.
An agency contract concluded between you as the seller and us exists for the duration of the offer you have selected as an exclusive mediation contract within the meaning of Section 14 of MaklerG.
Even without a successful mediation, i.e. without the conclusion of a purchase contract between you and a buyer as a result of an award, we are entitled to the agreed mediation fee if
i. you, as a seller, withdraw (cancel) the advertisement without good cause; in this case, however, our fee is reduced to the cancellation fee mentioned under point 8
ii. the transaction came about through the mediation of another mediator or in some other way during the period of the sole mediation contract.
a) Obligations as seller
As a seller, you assume the obligation towards us and future buyers to provide the information requested in the advertisement form truthfully and completely and to post photos as valid as possible, which realistically depict the overall impression and any defects of the animal, of the animal offered. Furthermore, you are obliged to unequivocally point out injuries, illnesses and other defects of the animal at a suitable place. Violation of these obligations can entitle the buyer to withdraw from the purchase contract and/or to assert claims for damages or warranty claims. As a result, the actually agreed purchase price can be reduced or the purchase contract can be omitted entirely, whereby in the latter case you can still have further compensation obligations.
After the conclusion of the purchase contract, you as the seller are obliged to fulfill your obligations from the concluded purchase contract, i.e. in particular to hand over the animal to the respective buyer on time and to keep it safe until then.
b) Obligations as bidder/buyer
If you, as a user of our app, place bids for advertisements in auction mode, you hereby declare your acceptance of the offer made by the respective seller by placing the advertisement to conclude a purchase contract for the animal offered. The legal effect of your declaration of acceptance is conditional on the fact that you are (still) the highest bidder even after the end of the offer period and that no buy-it-now has taken place. Only then does your declaration of acceptance become legally binding and you, as the buyer, have concluded a valid purchase contract for the animal offered with the seller. If you are outbid before the end of the offer period or if another user accepts a fixed-price offer that is also contained in the advertisement (buy-it-now mode), your declaration of acceptance will become invalid and have no effect.
If, as a user of the app, you accept the fixed price specified by the seller in the buy-it-now mode, you are immediately entering into a legally valid sales contract with the seller, regardless of whether the offer period has expired.
As a buyer, you are obliged to fulfil your obligations from a purchase contract you have concluded, regardless of the auction mode, in particular the timely payment of the purchase price and, in the event of default, the payment of any installation fees and default interest.
As a seller, you can sell your animals in the app in two ways, which can be combined with each other. You determine the specific sales mode for the respective advertisement while posting the advertisement before the conclusion of the mediation contract. Unless otherwise specified by the seller in the advertisement or otherwise agreed between seller and buyer by mutual agreement, purchase contracts between the parties are deemed to have been concluded including our sample sales conditions.
c) Auction mode
By placing the ad in auction mode, you as the seller make an offer to the group of other users of the app to sell the animal to the highest bidder as a buyer after the offer period you have selected has expired. The seller has the option of setting a starting price. If you do not set a starting price, you are accepting the risk of having to sell the animal at a price that is (potentially significant) below its value.
d) Buy-It-Now Mode
If you post the ad in buy-it-now mode, you make the other users of the app an offer to sell the animal to the buyer who accepts this offer first, within the offer period you have selected, at a fixed price you have set in advance.
If both the auction mode and the buy-it-now mode were specified when an ad was placed, the auction ends as soon as a user accepts the buy-it-now price without the highest bidder in the auction mode having any claims to the animal.
If the offer period expires without a bid being made in auction mode or the fixed price being accepted in buy-it-now mode, the animal is considered unsold ("advertisement expires"). In this case, we do not charge a mediation fee, unless a case of point 5. ii. applies.
In the event that you, as a seller, withdraw an advertisement before a bid has been received or a user has accepted a fixed price, we are entitled to charge a flat-rate cancellation fee of EUR 10.00. The cancellation fee is due for payment when the advertisement is withdrawn. A withdrawal is no longer possible if a user has already submitted a bid for an ad.
If an advertisement placed by you later results in the mediation of an animal, for which you have cancelled an earlier advertisement one or more times, up to three cancellation fees actually paid will be offset against our placement fee if no more than 12 months have passed between the payment of the cancellation fee(s) to be offset and the placement of the animal.
Except in the case of personal injury, our liability is limited to cases in which damage was caused by a grossly negligent or intentional breach of our obligations.
Our liability for mere financial losses, lost profits or consequential damages is excluded.
Claims for damages against us must be asserted in court within twelve months of becoming aware of the damage and the person causing the damage, otherwise they will become statute-barred.
Our mediation fees and any cancellation fees are due for payment without deduction on the agreed due date. A three-day time limit is agreed.
We are entitled to charge default interest of 6% (per year) and flat-rate operating costs of EUR 5.00 for each written reminder step in the event of a delay in the payment of our mediation fees from the agreed due date.
It is not possible to offset your liabilities against claims that you have against us (counterclaims).
Should individual provisions of these General Terms and Conditions be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions of these General Terms and Conditions.
The invalid or unenforceable provision must be replaced by another provision that is reasonable for both parties and that comes as close as possible to the economic purpose of the invalid or unenforceable provision. The same applies if the mediation contract or these terms and conditions should have a gap.
For the enforcement of your claims from or in connection with a contractual relationship concluded with us, the jurisdiction of the competent court in 1010 Vienna is stipulated.
Austrian law applies to this contractual relationship with the exclusion of international reference standards and the UN Sales Convention.
