viehworld GmbH
Bernardgasse19/3
1070 Vienna
The present sample terms of sale ("MVB") apply to the sales brokered by us, in particular those of livestock via our App viehworld ("App").
The MVB apply exclusively between the seller and the buyer (collectively: "Parties") of the sales contracts brokered by us - but not for the mediation contract concluded between us and the seller. The parties are free to deviate from the MVB in individual cases or to supplement their content.
For reasons of proof, changes or additions to the MVB are only made in writing by the parties, whereby e-mail or SMS are sufficient for this. When posting an advertisement, the seller can make such changes unilaterally in the field "Supplement/amendment of the MVB"; after the advertisement has been published, this is only possible unilaterally by cancelling it (i.e. before a bid is received) and posting a new advertisement. However, by mutual agreement, the parties can agree on changes to the MVB at any time, i.e. before or after the conclusion of the purchase contract.
The ad placed by the seller in the app is an offer to conclude a legally binding purchase contract for the animal described in more detail there. The buyer of the animal is anyone who a) in auction mode: submitted the highest purchase bid; or b) in buy-it-now mode: has accepted the fixed price offered for "buy-it-now" (not all ads need to have an "buy-it-now" option available) before the end of the bidding period shown in the advertisement.
In the case a) the purchase contract between the seller and the buyer is concluded upon the expiry of the deadline with the highest bidder as the buyer, in the case b) immediately upon declaration of the "buy-it-now" by a user of the app with the same buyer (the "awarding of the contract").
If an ad contains both the auction and the buy-it-now mode, 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.
The seller or buyer is always the person under whose name the relevant user account is registered in the app.
In general, the purchase contract is based on Austrian law. The application of the UN sales law and the reference standards to foreign law are excluded. In addition, the following applies:
The buyer is obliged to pick up the animal from the seller's premises named in the confirmation of the bid within seven days of the acceptance of the bid. The seller must be notified of the collection date at least 24 hours in advance.
If the buyer is late with collection, the seller is entitled to charge installation fees of 1% of the purchase price (per day) and default interest of 6% (per year) starting on the eighth day after the bid has been accepted. The risk of accidental damage to the animal is transferred to the buyer from the eighth day that has started, regardless of whether the animal is actually handed over.
The seller is obliged to hand over the legally required accompanying documents/livestock transport documents to the buyer (and if relevant: Breeding certificate and/or organic certification of the selling company) when the animal is handed over.
The seller and buyer are each obliged to carry out the legally prescribed reports of the arrival or departure of the animal.
The purchase price (i.e. the highest bid submitted by the buyer or the buy-it-now price) must be paid in cash to the seller within seven days of the acceptance of the bid, concurrently with the handing over of the animal.
a) of the seller
If the buyer does not pay the purchase price by the seventh day after the bid has been accepted, the seller can set a grace period for payment (at least another seven days). If this expires without the buyer paying the full purchase price plus any installation fees and interest, the seller is deemed to have withdrawn from the contract at the end of the period.
In the event of such a justified withdrawal by the seller, the buyer is obliged to pay the seller a contractual penalty amounting to three times the mediation fee paid by the seller to viehworld GmbH at his request. The claim for the contractual penalty assumes that the buyer is at fault for the delay, which is - refutably - suspected. The seller reserves the right to make a separate assertion of further damages and the installation fees incurred up to the effectiveness of the withdrawal.
b) of the buyer
The buyer is entitled to withdraw from the contract by analogously applying the provisions of point a) above and the legal consequences mentioned there if the seller does not hand over the animal to him within the agreed handover or grace period.
The right of withdrawal also applies here in particular if the seller does not offer the buyer the animal described in the advertisement - which became the subject of the purchase contract - but only offers an animal that differs significantly from this (different delivery).
If the seller's advertisement does not contain any information about certain characteristics of the animal, it is agreed that the animal corresponds to the characteristics usually seen in the market. Unless expressly stated otherwise in the advertisement, freedom from animal diseases MV, CAE, Brucella ovis and pseudotuberculosis is deemed to be guaranteed to the buyer.
The Animal Defects Ordinance BGBl No. 472/1972 applies to the periods within which it is suspected that an animal had already suffered from a specific disease before it was handed over.
It is clarified between the parties that every sales contract brokered via viehworld GmbH relates to "cattle" within the meaning of §§932a f ABGB.
The deadlines within which the buyer must report cattle defects to the seller - otherwise he loses the rights due to the defect - are calculated according to §§ 925 ff ABGB: If the defect is an illness, the warranty period is six weeks (possibly extended by the relevant presumed periods according to the Animal Shortage Ordinance). If the animal has other or specially guaranteed characteristics (in the advertisement or point e above), the warranty period is two years. The same applies to legal defects, i.e. if it turns out, for example, that the seller was not the owner of the animal sold.
Attention is drawn to the buyer's obligation to give notice of defects, i.e. the obligation to immediately check the animal and notify the seller of any defects that have come to light; this does not apply to diseases for which there are presumed periods according to the Animal Deficiency Ordinance.
The contestation of the purchase contract due to a shortening of more than half of the true value is mutually excluded because of the mutually expressly declared acceptance of the price risk.
Should individual provisions of these MVB agreed between the parties - possibly amended - be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions. 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 sales contract between the parties should have a gap.
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.
In the event of differences of opinion between the seller and the buyer, viehworld GmbH is available as a mediator free of charge to either party upon request.
For the enforcement of claims from or in connection with the purchase contract, the exclusive jurisdiction of the competent court at the place of business of the seller is agreed.
