General Terms and Conditions

These General Terms and Conditions (“GTC”) apply to the use of the online platform “Hoofine”, accessible at hoofine.com, hoofine.de, hoofine.es, hoofine.fr, hoofine.it, hoofine.nl and hoofine.pl, and any further country-specific domains of Hoofine (the “Platform”). The operator of the Platform and the contractual partner of the users is Growvit GmbH, Hinterm Stern 24, 22041 Hamburg, registered in the commercial register of the Hamburg Local Court (Amtsgericht) under HRB 191424, represented by the managing director Mostafa Zamanian (“Growvit”, “Hoofine”, “we”, “us”).

The platform is aimed at both consumers (§ 13 BGB) and business customers (§ 14 BGB). Where individual provisions apply only to one of these groups, this is expressly indicated.

Any deviating, conflicting or supplementary general terms and conditions of a user shall only form part of the contract if and to the extent that we have expressly agreed to their validity in text form. This requirement for consent shall also apply if we provide services without reservation whilst being aware of the user’s terms and conditions.

The German language version of these GTC shall prevail. Any translations are provided for information purposes only; in the event of any discrepancies, the German version shall take precedence. The contract language is German.

Hoofine provides an online marketplace where users can offer, search for and purchase horses, breeding services and equine semen, as well as get in touch with other users. In addition, Hoofine offers optional supplementary services, some of which are subject to a fee, in particular payment processing with buyer protection via a licensed payment service provider (§ 8), verification services (§ 10), auctions (§ 9) and the issuance of fee-based horse certificates.

Contracts of sale for horses, breeding services or semen are concluded exclusively between the respective seller and the respective buyer. Hoofine does not become a party to these contracts of sale, but acts as an intermediary and – where the payment processing service is used – as an intermediary for the settlement of the transaction within the meaning of § 8. In particular, Hoofine does not guarantee that an advertised horse exists, that a user’s information is complete and correct, that a horse has particular characteristics, that the seller is the owner, that the buyer is able to pay, or that a contract between users will be performed.

Users can communicate directly with one another via the platform and conclude contracts even outside the platform’s payment processing system. In this case, no commission is payable under § 7; the services under § 8 (payment processing with buyer protection) and the associated protection mechanisms are then not available.

There is no entitlement to uninterrupted availability of the platform. We endeavour to ensure a high level of availability, but cannot rule out maintenance work, further development or technical faults.

Use of key functions of the platform requires the creation of a user account. The details requested during registration must be provided truthfully and in full, and must be updated immediately in the event of any changes.

Eligible to participate are natural persons with full legal capacity who have reached the age of 18, as well as legal entities and partnerships with legal capacity, each represented by a natural person authorised to act on their behalf. Excluded are persons subject to sanctions or trade restrictions under applicable law, as well as persons whose user account has previously been closed by us for good cause.

There is no entitlement to the creation or use of a user account or to the publication of a listing. We reserve the right to temporarily deactivate user accounts or listings where this is necessary to review possible breaches of these Terms and Conditions or statutory provisions, or to ensure the security and integrity of the platform.

We are entitled, at our reasonable discretion (§ 315 BGB) and taking into account the legitimate interests of the user concerned and the principle of proportionality, to delete listings or to suspend or close user accounts, provided that there are concrete, verifiable indications of breaches of these Terms and Conditions or statutory provisions, or that the security and integrity of the platform or the legitimate interests of other users are seriously endangered. The user concerned will be informed of the intended measure and the reasons for it and will, as a rule, be given the opportunity to comment within a reasonable period before it is carried out. Where urgent action is required, the necessary measures may also be taken without prior hearing. In such cases, the user will be given the opportunity to comment afterwards, unless statutory provisions prevent this.

Paid listings will only be deleted if, following a reasonable review, there are sufficient indications of a breach of these Terms and Conditions or statutory provisions. In this case, fees already paid will be refunded on a pro rata basis, provided the user is not responsible for the underlying breach.

Each user may only hold one user account. Login details must be kept confidential; disclosure to third parties is prohibited.

In addition to advertisements placed by registered users, the platform also contains a directory of horse farms and horse-related service providers, the entries in which have been compiled from publicly available sources (“directory entries”). Directory entries contain exclusively business-related information (name, address, contact details, description of services). Inclusion in the directory is not a recommendation, certification or quality guarantee by Hoofine.

Data subjects may accept, correct or supplement their directory entry using the function provided for this purpose (“Verify entry”). They may object to the publication of their entry at any time without giving reasons; in which case the entry will be removed immediately, or at the latest within 72 hours of receipt of the objection. The objection may be made informally via the reporting function linked within the entry or by email to the address specified in § 22.

There is no entitlement to directory listings; § 3(3) applies mutatis mutandis. Listings subject to complaint may be temporarily deactivated pending clarification.

Information on the processing of personal data in connection with directory listings, including the information required under Article 14 of the GDPR, is set out in our Privacy Policy.

Sellers are solely responsible for the content of their advertisements. All information – in particular regarding age, breed, height at the withers (Stockmaß), state of health, level of training, competition successes, registration and breeding status, as well as pedigree – must be truthful, complete and up to date. Any known veterinary findings that are recognisably relevant to the decision to purchase must be disclosed.

The seller warrants that they are the owner of the horse offered for sale or the provider of the breeding or semen service offered, or that they have valid authority to dispose of the item, and that the item for sale is free from any undisclosed third-party rights.

Sellers are advised to allow buyers to arrange a veterinary pre-purchase examination (Ankaufsuntersuchung). Buyers are advised that, according to the case law of the Federal Court of Justice, mere deviations of a horse from the physiological ideal (e.g. X-ray findings without clinical symptoms) do not, in themselves, generally constitute a material defect; anyone wishing to ensure specific characteristics should expressly agree to these as qualities in the contract of sale.

Hoofine does not verify the accuracy of the information contained in advertisements; this does not apply to the characteristics expressly checked as part of the verification process under § 10 at the time of that verification.

The user is obliged, when offering, selling, transport and handover of horses, as well as when trading in breeding material, to comply with the relevant regulations on animal welfare, animal breeding and animal diseases, in particular the obligations arising from the EU Animal Breeding Regulation (EU) 2016/1012 (including animal breeding certificates, Tierzuchtbescheinigungen), the requirement for a horse passport (Equidenpass) and the provisions of the Livestock Movement Regulation (Viehverkehrsverordnung).

Content uploaded by the user (in particular texts, photos, videos and documents) remains the property of, or subject to the copyright of, the user. The user grants Hoofine a non-exclusive, geographically unrestricted right of use in respect of this content, limited to the duration of the posting and a reasonable follow-up period for backup and verification purposes, to store the content for the purpose of operating the platform, process it technically (e.g. resizing, format adjustment), make it publicly accessible and distribute it.

In addition, the user grants Hoofine a simple (non-exclusive), geographically unrestricted right of use, limited to the duration of the publication of the respective listing, to reproduce, distribute and make publicly available the content they have posted in order to promote the platform and the respective listing via its own communication channels, in particular social networks and newsletters.

The user warrants that they hold the rights necessary for the aforementioned grant of rights and that they do not infringe any third-party rights (in particular copyright, trade mark rights and personality rights).

Placing advertisements is free of charge, unless otherwise stated in the service description on the platform.

If a contract of sale is concluded using the payment processing service in accordance with § 8, a commission is payable. For the seller, this amounts to 3% of the purchase price (deducted from the payout amount). For the buyer, it amounts to 4.8% of the purchase price plus a fixed fee of EUR 69.99; if the purchase price is less than EUR 2,000.00, the fixed fee is EUR 24.99. The buyer’s commission is added to the purchase price and shown before the payment is triggered. In the case of breeding contracts, the stallion owner is deemed to be the seller and the mare owner the buyer for the purposes of this provision. For sales contracts concluded through a successful bid at auction, the fees set out in § 9 shall apply exclusively in place of this commission.

Disclosure of dual agency: Hoofine receives commissions from both contracting parties. Both parties are informed, prior to the conclusion of the contract, of the amount of commission owed by each of them and by the other party. By using the payment processing service, both parties agree to this dual agency arrangement.

If the buyer and seller reach an agreement outside the platform’s payment processing system (§ 2(3)), no commission is payable.

All prices and charges displayed to consumers are final prices and include statutory VAT as well as all mandatory components. Optional additional services are shown separately and before payment is processed. Prices shown to business customers may be exclusive of VAT; this will be clearly indicated.

The fees applicable at the time of conclusion of the respective payment agreement shall apply; subsequent changes shall not affect transactions already in progress.

Payments made via the platform are processed by our payment service provider Stripe (Stripe Payments Europe, Ltd. or its affiliated companies) in accordance with its terms of service. Hoofine is not a credit institution and does not itself provide payment services; Hoofine merely facilitates the use of the payment processing service and retains the agreed commissions. In particular, Hoofine does not accept purchase prices as a bank or as a trustee.

The buyer pays the purchase price plus the buyer’s commission via the payment methods provided by Stripe. The seller receives the purchase price minus the seller’s commission via their payment service provider account.

Buyer protection: To protect the buyer, Hoofine provides a reporting and dispute resolution procedure (§ 12(3)). If the buyer reports a transport or handover defect within the time limit set out in § 12(2), or if delivery fails to materialise, Hoofine will assist with the reversal of the transaction within the scope of the payment service provider’s capabilities (in particular, refunds and chargebacks). There is no claim against Hoofine beyond this for the payment or safekeeping of the purchase price; fulfilment of the contract of sale is the sole responsibility of the buyer and seller (§ 2(2)). Buyer protection is not insurance, not a guarantee that the contract of sale will be performed or of a horse’s health or characteristics, and not a payment guarantee by Hoofine.

Identification of the horse being sold (including by means of a microchip and/or horse passport (Equidenpass)) is a prerequisite for the transaction to be processed via the platform. The required documents are specified in the service description.

In future, Hoofine may handle payment processing via a regulated escrow or payment service provider, which will hold the funds until predefined release conditions are met. Should such a procedure be introduced, users will be informed in advance and the terms and conditions will be amended accordingly.

Users may offer horses for sale via time-limited online auctions. A listing fee of EUR 159.99 is payable to open an auction; the auction will only be activated once this fee has been paid. The listing fee is non-refundable if the horse is not sold; the statutory right of withdrawal under § 13 remains unaffected.

By submitting a bid, the bidder makes a binding offer to purchase at the bid price plus the commission displayed prior to the submission of the bid. The contract is concluded with the highest bidder upon the award of the lot at the end of the auction, provided that any minimum price has been reached.

The successful bidder shall pay a premium of 4.8% on the hammer price; a commission of 9.5% shall be deducted from the amount paid to the consignor. Settlement shall be effected in accordance with § 8.

Note: Consumers are also entitled to the statutory right of withdrawal under § 13 in the case of contracts concluded via auction, as the platform’s auctions do not constitute publicly accessible auctions within the meaning of § 312g(2)(10) of the BGB.

Manipulation of the auction process, in particular bids placed by the consignor themselves or collusive bidding, is prohibited and entitles the organiser to rescind the award as well as to take measures in accordance with § 16.

Hoofine offers paid verification services for members (KYC), businesses (KYB) and horses (KYH). The Verified badge confirms solely that, at the time of verification, the verified characteristics (for horses: correspondence between the microchip, register entry and a photograph examined by a vet) were consistent. It does not constitute a guarantee of future health, suitability or a specific market value. It remains the buyer’s responsibility to carry out their own checks before purchase (in particular a pre-purchase veterinary examination, Ankaufsuntersuchung).

Verified badges are subscriptions. The initial term is one month (monthly plan) or twelve months (annual plan), depending on the selected plan. For consumers, the subscription is automatically renewed for an indefinite period upon expiry of the initial term and may then be cancelled at any time subject to one month’s notice. For business customers, it is automatically renewed for the selected term unless cancelled by the end of the respective term. Cancellation may be made in text form or via the platform’s cancellation function (‘Cancel contracts here’). Following cancellation, the badge remains valid until the end of the period for which payment has already been made and then expires.

For KYB and KYH verifications, a one-off verification fee is also payable, which is due before the document verification begins. If a consumer withdraws after the verification has commenced – provided this was carried out at their express request before the expiry of the withdrawal period – they shall only be liable to pay compensation for the proportion of the verification service provided up to the point of withdrawal; otherwise, the fee shall be refunded.

For purchases made via the platform, three types of contract are available, each with its own standard contract template: (a) horse purchase contract, (b) purchase contract for a breeding horse, and (c) semen purchase contract. The applicable warranty and quality provisions depend on the selected contract template; the different contract types are not combined. In the case of the purchase of semen, particular attention must be paid to the details specified in the contract template regarding fertility, storage and the cold chain, as well as the evidence required under animal breeding law (§ 5(5)).

The contract may be signed, at the parties’ discretion, by: (a) printing the document, signing it by hand and uploading a scan, (b) an electronic signature directly on the platform (e.g. via stylus or touchscreen input), or (c) via an external signature service (e.g. DocuSign). All three methods are accepted as equivalent proof of the conclusion of the contract. Once the first party has signed the document, it is made available to the other party for countersigning; the contract comes into effect upon receipt of the countersignature. If the countersignature is not provided within 14 days, the offer ceases to be binding, unless the parties agree otherwise.

There is no statutory formal requirement for the aforementioned sales contracts; the methods of signing serve the purposes of documentation and preserving evidence.

The buyer’s rights in the event of defects are governed by the relevant sales contract and the statutory provisions. The seller is the party against whom claims are made; Hoofine is not a party to the sales contract (§ 2(2)). The statutory warranty period remains unaffected by these GTC.

Any externally visible damage caused during transport or handover must be reported via the platform within 48 hours of confirmed handover, so that Hoofine can review the matter and, where appropriate, support a refund through the payment service provider under § 8(3). This reporting period does not constitute a limitation period for rights arising from defects; the buyer’s statutory warranty rights against the seller remain unaffected even if no report is made.

Hoofine offers a voluntary internal dispute resolution procedure, the details of which are set out on the platform. The procedure is voluntary for both parties; recourse to the state courts remains open at all times and at any stage of the proceedings. The outcomes of the internal procedure are binding on the parties only if they expressly accept them as a settlement upon conclusion.

The European Commission has permanently discontinued the former Online Dispute Resolution (ODR) platform with effect from 20 July 2025. The Commission provides an overview of out-of-court dispute resolution bodies at consumer-redress.ec.europa.eu. We are not obliged to participate in dispute resolution proceedings before a consumer arbitration board (Verbraucherschlichtungsstelle) within the meaning of the Consumer Dispute Resolution Act (VSBG), and we do not currently participate in such proceedings.

Consumers within the meaning of § 13 BGB have a right of withdrawal, in accordance with the statutory provisions, in the case of distance contracts for paid services concluded directly with Growvit GmbH. This applies in particular to paid listings, auction listing fees, verification services, subscriptions, and paid brokerage and other additional services of the platform.

The right of withdrawal set out below relates exclusively to the contractual relationship between the consumer and Growvit GmbH. Contracts of sale for horses, breeding services or horse semen concluded between users of the platform are not covered by it. Any statutory rights of withdrawal arising from those contracts are governed exclusively by the statutory provisions applicable to them and must be exercised against the respective contracting party. The provisions below neither establish nor restrict those rights.

A right of withdrawal under this provision does not apply to businesses within the meaning of § 14 BGB.

Hoofine uses AI-supported systems to process enquiries and facilitate communication, including via web chat and – where the user chooses these channels – via email and messaging services (e.g. Instagram, WhatsApp, Telegram). Where a user interacts with an AI system, this will be made clear at the start of the interaction. Upon request, the communication will be handed over to a human representative.

Incoming conversations may be categorised automatically (e.g. as a purchase enquiry, an enquiry from a prospective buyer or a support request) in order to route them to the correct processing channel. No decision with legal effect on the user is made exclusively by automated means.

Where third-party messaging services are used, their terms of use and data protection provisions shall apply in addition; details regarding data processing, including any transfers to third countries, are set out in our privacy policy.

Users are prohibited from:

1. ⁦a.⁩posting false, misleading or forged information;
2. ⁦b.⁩offering horses, breeding services or semen without being the owner or having the authority to dispose of them;
3. ⁦c.⁩demanding or accepting payments for transactions initiated via the platform whilst circumventing an agreed payment processing method outside the platform, insofar as the parties have agreed on such processing in accordance with § 8;
4. ⁦d.⁩using third-party or manipulated images, forged pedigree certificates, equine passports or registration documents;
5. ⁦e.⁩harassing or threatening other users, impersonating another person or using another person’s account;
6. ⁦f.⁩manipulating reviews, bids or transactions;
7. ⁦g.⁩automatically extracting content from the platform (crawling/scraping) or embedding it in your own services without our consent;
8. ⁦h.⁩infringing third parties’ copyrights, trade marks, personality rights or data protection rights;
9. ⁦i.⁩using the platform in breach of applicable law, including regulations relating to animal welfare, animal breeding and animal diseases.

In the event of breaches, § 3(3) and § 16 shall apply.

The user agreement relating to the user account is concluded for an indefinite period. The user may terminate it at any time without notice (§ 17); we may terminate it in text form with 30 days’ notice. Ongoing paid subscriptions (§ 10) remain unaffected by the termination of the user agreement until they themselves expire; § 17(2) applies mutatis mutandis.

The right to terminate the contract for cause remains unaffected. In our view, cause exists in particular if the user:

1. ⁦a.⁩has deliberately provided false information during registration or in advertisements;
2. ⁦b.⁩maintains multiple user accounts or reopens an account after it has been suspended;
3. ⁦c.⁩repeatedly or seriously breaches § 15;
4. ⁦d.⁩manipulates or attempts to circumvent the payment process, even though it has been agreed;
5. ⁦e.⁩violates animal welfare regulations.

Instead of terminating the contract, we may temporarily suspend the user account if there is suspicion of good cause and the suspension is necessary to clarify the matter or to protect other users. The user will be informed of the suspension and the reasons for it, provided that this does not jeopardise the investigation, and will be given the opportunity to comment.

There is no self-deletion function for user accounts, as accounts may be linked to ongoing payment transactions, active listings or unresolved disputes. A request to close the account may be made at any time, without formal notice, by emailing [email protected]. We will close the account as soon as all ongoing transactions, payouts, listings and disputes have been finalised; closure may be postponed for as long as a transaction or investigation remains outstanding or where statutory retention obligations (e.g. under tax or anti-money laundering legislation) prevent it.

The user’s right to the erasure of personal data under Article 17 of the GDPR remains unaffected by paragraph 1 and may be exercised at any time via [email protected]. Following account closure, we shall retain personal data only to the extent and for as long as required by statutory obligations, and may retain a minimal data set to prevent blocked users from re-registering; otherwise, the data shall be deleted or anonymised.

The user shall indemnify Hoofine against justified claims by third parties which such third parties may assert against Hoofine on account of content posted by the user or on account of a breach of these T&Cs or statutory provisions for which the user is responsible. The indemnity shall cover the necessary costs of legal defence to a reasonable extent.

The obligation to indemnify shall not apply insofar as the user is not responsible for the infringement. The user is obliged to assist us to the best of their ability in defending against such claims, in particular by providing the necessary information.

We shall be liable without limitation for damage resulting from injury to life, limb or health arising from an intentional or negligent breach of duty on the part of ourselves, our legal representatives or vicarious agents, as well as for any other damage resulting from an intentional or grossly negligent breach of duty.

In the event of a breach of essential contractual obligations due to slight negligence – that is, obligations the fulfilment of which is essential for the proper performance of the contract and on the observance of which the user may reasonably rely (cardinal obligations) – our liability is limited to damage typical of the contract and foreseeable at the time the contract was concluded. In all other respects, liability for breaches of duty arising from slight negligence is excluded.

The above limitations do not apply to claims under the Product Liability Act (Produkthaftungsgesetz) or in the event of a guarantee being given or the fraudulent concealment of a defect.

The respective users shall be solely liable for the content of advertisements and for the performance of sales contracts concluded between users; § 2(2) and § 5(4) remain unaffected.

We may amend these GTC to the extent that this is necessary due to changes in the legal or technical framework, changes in case law, or to introduce new services or adapt existing ones, provided that the user is not unreasonably disadvantaged as a result. Any changes to the main obligations or the fee structure to the detriment of the user shall always require the user’s express consent.

We shall notify the user in text form of any amendments pursuant to paragraph 1, sentence 1, at least six weeks before they are due to come into force, and shall specifically draw attention to the right to object and the consequences of failing to object. If the user does not object within six weeks of receiving the notification, the amendments shall be deemed to have been accepted. If the user objects within the specified time limit, the contractual relationship shall continue under the previous terms and conditions; in this case, we are entitled to terminate the contractual relationship with one month’s notice.

The law of the Federal Republic of Germany shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). If the user is a consumer, the mandatory consumer protection provisions of the country in which they have their habitual residence remain unaffected by this choice of law (Article 6(2) of the Rome I Regulation).

If the user is a trader (Kaufmann), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with these GTC is Hamburg, the registered office of Growvit GmbH. For consumers, the statutory places of jurisdiction apply; we may only bring legal proceedings against a consumer at their place of residence.

Enquiries regarding these GTC: [email protected].

Reports regarding security and misuse: [email protected].

Account closure and general support: [email protected].

Data protection enquiries: [email protected].

Declarations of withdrawal: [email protected].

Further information about the provider can be found in the legal notice.

Should any individual provisions of these T&Cs be or become invalid, the validity of the remaining provisions shall remain unaffected. The statutory provisions shall apply in place of the invalid provision.