The following General Terms and Conditions of Outleap GmbH & Co. KG (hereinafter referred to as the "Operator") govern the terms and conditions for the use of the online platform offered at www.gunfinder.de (hereinafter referred to as the "Portal") by natural persons and legal entities and partnerships (hereinafter referred to as "Users").
These General Terms and Conditions (hereinafter referred to as "GTC") conclusively regulate the use of the Portal by Users.
a. The operator offers a marketplace where ("User") in sales offers ("Offer"), goods and services of all kinds related to hunting, shooting and outdoor activities ( "Articles") can be offered (in this capacity "Seller") and purchased (in this capacity "Buyer") and other content can be published, provided that their offer, purchase or publication does not violate any legal provisions or these Terms and Conditions. The operator itself does not offer any articles and does not become a contractual partner of the contracts concluded exclusively between the users of this marketplace.
b. Furthermore, the Operator provides with the services of the portal a service through which the User as an advertiser can create and publish offers and requests consisting of texts and pictures (hereinafter referred to as "advertisements") and as an interested party can view published advertisements of other Users. In addition, the operator also enables the exchange of online messages between advertisers and interested parties. Insofar as this is necessary for conversion into file formats suitable for Der Betreiber services, Der Betreiber will convert the User's Advertisements into formats for use in mobile applications and websites.
c. The offered services of The Operator serve to publish advertisements and to bring together providers and interested parties of the posted goods and services. The Operator is not itself a provider of the products advertised with the ads.
d. By means of the portal published offers and other contents of users do not represent the opinion of the operator and are in principle not checked by the operator for their legality, correctness and completeness.
e. The Operator may make the use of the Portal or individual functions of the Portal or the extent to which individual functions can be used subject to certain conditions, such as verification of registration data, duration of use, account type (private/commercial), status of the valuation profile (including detailed seller valuations), payment behavior or dependent on the presentation of certain proofs (e.g. permits, licenses, purchase authorizations, proofs of identity, purchase, payment or ownership). In particular, the Operator may, under certain conditions, restrict a User's purchasing activities and, in doing so, also make the submission of bids dependent on further conditions such as prior verification.
f. The Operator reserves the right to change the order on his portal within his principles, as far as this is reasonable for the Users considering the legitimate interests of the Operator.
g. The claim of users to use the portal exists only within the framework of the current state of the art. The Operator temporarily restricts its services if this is necessary with regard to capacity limits, the security or integrity of the servers or for the implementation of technical measures, and this serves the proper or improved provision of services (maintenance work). In such cases, the operator shall take into account the legitimate interests of the users, such as by providing advance information. § Section 9 of these GTC (limitation of liability) remains unaffected by the above provision.
h. Within the framework of the advertisement creation and on the overview page of a User, The Operator displays additional information about the User and his activities in the advertisements of the portal. The Operator may also identify the User on the basis of certain criteria.
i. The Operator enables Users to rate each other based on a concrete interaction with each other and publicly accessible. The use of the rating system is governed by the principle on the rating function of the Portal. The Operator enables Users to follow other Users or advertisements, as well as to save search requests. The Operator informs the User about items on the watch list, including changes in the description or price changes, about newly posted items of the followed Users as well as about new matching items to a search request.
j. The Operator publishes and advertises the services of the Portal and the advertisements posted by the Users itself and through third parties, for example by including the advertisements or excerpts thereof on websites, within software applications ("Apps"), in e-mails, in print, online marketing campaigns or in other media. The Operator also enables third parties to advertise their offers and services through the services of the Portal. The Operator may also provide third parties with access to the data, information and content published through the Portal to support these activities. The User allows the Operator to use his/her advertisements as mentioned above for the purpose of advertising and increasing the reach of the Portal. This also applies to translations for the purpose of integrating the translated advertisements into foreign language offers.
l. The Operator allows Users to sort the search results based on various criteria (e.g. date of posting, price, eligibility to purchase). In addition, advertisements are also displayed in the search results for which the respective provider has agreed to pay an additional fee for their highlighted display (e.g. as a top advertisement), insofar as this fee is charged in accordance with number 8 of these General Terms and Conditions.
a. The use of the portal for placing offers or in the function as a buyer or seller requires registration by the user and the creation of an account.
b. Users may only register if they have reached the age of 18. Only one account is allowed per user, which is not transferable. Users have no claim against the operator for the allocation of an account. Users are entitled to freely choose their user name, which is visible to other users, as long as they do not violate the provisions of these GTC, especially the regulations in section 9 or section 10. The user name may not be insulting or immoral.
c. Users are obligated to provide truthful, current and complete information during registration in accordance with the specifications of the registration form and to keep their information up to date at all times. In particular, users may not impersonate another person when registering.
d. Registration shall be made by means of a valid e-mail address provided during registration. The use of a so-called disposable e-mail address to create a user account is prohibited. User accounts using such an email address will be removed from the system immediately.
e. If the information in the registration form is complete and plausible from the point of view of the Operator, the Operator will activate the access and notify the User of this by e-mail. Upon receipt of the e-mail, the User is entitled to use the portal within the scope of these GTC for the duration of the account's validity. For this purpose, the account must first be activated by clicking on the link contained in the e-mail.
f. Users are obliged to ensure that the user account is only used by themselves and must keep their access code secret for this purpose. Passing on to third parties is not permitted. The owner of a user account is fully responsible for all activities carried out via his user account. Should the access identification become known to unauthorized persons, the user is obliged to change his password immediately.
g. If the data provided change after registration, the User is obliged to update the information in his/her account immediately.
h. The operator reserves the right to delete accounts of incomplete registrations after a reasonable time. The same applies to accounts that have not been used for a longer period of time. Before deleting such an account, the Operator shall inform the User in due time. If the account is subsequently used again, it will not be deleted.
a. Within the framework of the portal, the operator has access to various information about users, including personal data. This includes, in particular, such information that Users transmit to the Operator within the scope of the offers (such as contact information or article information) as well as such information that is generated during the provision and processing of the offers (such as ratings, sales analyses or communication).
b. Users receive information that is necessary for the processing of the transaction (in particular, the contact information of the other user involved in a transaction).
c. The Operator only discloses information about Users to third parties if this is necessary for the provision of the offers (such as in the case of advertising the Portal via third parties pursuant to Section 2 letter j.) or if the Operator is legally or contractually entitled to do so.
a. Registered Users are granted access to the Portal as well as to the services and functions available on the Portal in each case within the framework of the provisions of these GTC for the duration of the account made available to them.
b. It is the responsibility of the user to ensure that his offers and contents (especially pictures and other information) on the portal are legal and do not violate any rights of third parties. In the event of an infringement, he/she shall indemnify the Operator from damages in accordance with clause 13.
c. It is forbidden to offer or advertise on the Portal items whose offer, sale or purchase violates legal regulations, the prohibited activities mentioned in clauses 12 and 13 of these GTC, the rights of third parties or morality. The Operator reserves the right to make the sale of certain items subject to conditions that go beyond the legal regulations.
d. It is forbidden to manipulate the prices of own or third party offers or to buy own items by using multiple accounts or in cooperation with other users.
e. It is forbidden to manipulate the search functions of the portal, e.g. by improperly inserting brand names or other search terms into the item name or description.
f. Sellers must place their items in the appropriate category and describe them correctly and completely with words and pictures. All characteristics and features that are essential for the purchase decision as well as defects that reduce the value of the offered goods must be truthfully stated. In addition, full information must be provided about payment and delivery terms.
g. The article description as well as the pictures used in it may exclusively refer to the offered article. Advertising for items not offered via the portal is not permitted. Sellers may not use any seals of approval, guarantee marks or other symbols of third parties in the context of using the Portal, unless the Operator authorizes such symbols.
h. Commercial sellers offering goods or services to consumers are obliged to provide them with the consumer protection information required by law and to instruct them on the existence or non-existence of the statutory right of withdrawal.
i. The price of each item is the final price including any applicable VAT and other price components. The sales price does not include delivery and shipping costs, unless this is expressly stated otherwise in the respective item description.
j. Sellers are not allowed to claim any fees or other commissions from buyers in addition to the selling price.
k. Users are not allowed to use addresses, e-mail addresses and other contact data obtained through the use of the portal for any purpose other than contractual and pre-contractual communication. In particular, it is prohibited to resell this data or to use it for sending advertising, unless the respective user has expressly consented to this in advance or has not objected to it in accordance with the applicable legal provisions.
l. Users are responsible for archiving on a storage medium independent of the Operator information that can be viewed via the Portal and that is stored by the Operator and that they require for the purposes of preserving evidence, accounting or for other purposes.
m. Users may not block, overwrite or modify any content generated by the Operator or other users or interfere with the Portal in any other way, especially if this could cause an excessive load on the infrastructure of the Portal.
n. The Operator provides various communication and other services on the Portal for temporary use. Such services can be, for example, the making available of contributions, image and sound documents, information and other contents (hereinafter collectively referred to as "contents") as well as the provision of platform functions, which, for example, enable the exchange with other users.
o. The content and scope of the services are determined by the functionalities currently available on the portal.
p. Direct or indirect advertising for services or offers outside the offers are not permitted. The linking, naming, in whole or in part, of one's own Internet pages is not permitted.
q. Commercial providers are obliged to state their address in the offer description.
r. The seller of an item subject to EWB must ensure that the item is only handed over to the authorized recipient (§ 34 para. 1 WaffG). In the case of a shipment, this can only be done by a legitimation check of the authorized recipient by the commissioned carrier. It is the responsibility of each seller to ensure that the legal requirements are fulfilled in order to avoid any consequences under criminal law.
s. Users who post an item as an auction make a binding offer. When placing the item, the seller specifies a period within which the offer can be accepted by a bid (auction period). The offer is accepted by placing a bid by the bidder. The bid expires if another bidder submits a higher bid. At the end of the auction period, a contract for the purchase of the item posted by the seller is concluded between the seller and the bidder with the highest bid. The concluded price is understood to be the gross price (including VAT).
t. Users who post an item as a purchase offer make a binding offer. A buyer can make a binding purchase request for this article to the provider. If the provider accepts this request, a contract for the posted item is concluded between the provider and the buyer. The price is the gross price (including VAT).
a. The sale and purchase of articles requiring a permit are subject to special legal provisions (e.g. the Weapons Act), which must be complied with by users. The seller is solely responsible for compliance with all legal regulations in the context of each of his offers. The Operator is not liable for compliance with these regulations, even if the Operator provides certain selection options to assist the User in complying with his legal obligations (see under item 5 letter b.).
b. The seller must label each offer in accordance with the law (see in particular § 35 WaffG). For this purpose, the following options are available when creating the offer: "Without purchase restriction", "Release from 14", "Release from 18", "Article subject to EWB". When creating an offer, it is mandatory to select one of the options. The selection does not release the seller from the obligation to independently fulfill all other legal labeling obligations (in particular § 35 WaffG) within the scope of his offer text.
c. Both the seller and the buyer must be in possession of a permit corresponding to the acquisition of the weapon or ammunition (e.g. weapons ownership card, hunting license, NWR-Ids etc.). The seller undertakes to comply with the relevant legal provisions and to hand over the weapon or ammunition only to a person authorized to possess it. In addition, the seller undertakes to notify the competent authority of the sale within two weeks, providing the personal details of the purchaser. The acquirer undertakes to notify the competent authority of the acquisition within two weeks. It is the responsibility of each seller to ensure that the legal requirements for firearms are fulfilled in order to avoid any consequences under criminal law.
d. The operator is not responsible for checking whether the buyer and seller have the legally required authorizations when transferring articles requiring a permit. In case of a violation of the regulations of this clause 6 detected by the Operator, the Operator will be immediately excluded from the use of the Portal according to clause 13.
The contents available on the portal originate partly from the operator and partly from users or other third parties. Contents of users and other third parties are hereinafter collectively referred to as "Third Party Content". The operator does not check third-party content for completeness, correctness and legality and therefore assumes no responsibility or warranty for the completeness, correctness, legality and timeliness of third-party content. This also applies with regard to the quality of the Third Party Content and its suitability for a particular purpose, and also insofar as it concerns Third Party Content on linked external websites.
a. The creation of the account as well as the use of the portal as a pure search engine are free of charge.
b. The offering of articles is free of charge.
a. As far as available as a functionality on the portal, users can individually design their user profile according to their ideas within the framework of these GTC. In particular, the restrictions in section 8. are to be observed.
b. As a rule, the operator does not check the identity of the profile owner and the information in the profiles, but expressly reserves the right to do so. Therefore, the operator does not guarantee that each profile owner is the person the respective profile owner claims to be.
As far as available as functionality on the portal, users are allowed to post content on the portal and make it available for third parties under consideration of the provisions of these GTC.
By posting content, the user grants the operator a free right of use to the respective content for the purpose of providing the portal, in particular
to store the content on the server used by the operator as well as to publish it, in particular to make it publicly available (e.g. by displaying the content on the portal),
to edit and reproduce the contents, as far as this is necessary for the provision or publication of the respective contents.
The user grants the operator the transferable, non-exclusive right to use ideas, problem solutions and concepts as well as other feedback expressed by him on the portal for commercial purposes, in particular for the development or further development of products.
Users are fully responsible for the content they post. The operator does not check the content for completeness, accuracy, legality, timeliness, quality and suitability for a particular purpose.
By posting content, Users declare and warrant to the Operator that they are the sole owner of all rights to the content they post on the portal, or are otherwise authorized (e.g. by effective permission from the rights holder) to post the content on the portal and to grant the rights of use and exploitation as set forth in Section 11 above.
The Operator reserves the right to refuse the posting of content and/or to edit, block or remove content already posted without prior notice if the posting of content by the User or the posted content itself has led to a violation of these GTC or if there are concrete indications that a violation of these GTC will occur. However, the operator will take into account the legitimate interests of the user.
a. Unless further use is expressly permitted in these GTC or on the portal or is enabled on the portal by a corresponding functionality (e.g. download button), the content available on the portal may only be accessed and displayed online for personal purposes.
b. This right of use is limited to the term of the account; users are prohibited from editing, modifying, translating, publishing, reproducing and/or distributing the content available on the portal in whole or in part.
The use of the Portal by the respective User shall be in strict compliance with the applicable legal regulations and the provisions of these GTC: Therefore, an unauthorized use is in particular:
aa. all unfair offers and advertisements of paid contents, services and/or products
bb. all offers, solicitations and implementation of activities with an undesirable or unfair commercial background, such as contests, raffles, swaps, advertisements or pyramid schemes, and any collection of personal data (including e-mail addresses) from users (e.g. for sending advertising e-mails).
cc. the offering of weapons of war or items prohibited under the Weapons Act
dd. the posting, dissemination, offering and advertising of content that violates the Weapons Act, the War Weapons Control Act, the Foreign Trade and Payments Act, the Radiation Protection Act, the Firearms Act, laws for the protection of minors, data protection laws and/or other laws;
ee. the use of content that insults, denigrates, degrades, discriminates against or defames other users or third parties;
ff. the use, provision and dissemination of content that is encumbered with the rights of third parties (in particular industrial property rights such as trademark rights and copyrights) without being expressly authorized to do so.
gg. the posting or offering of counterfeit goods (brand piracy)
ff. the distribution of viruses, Trojans and other harmful files;
gg. the sending of spam mails as well as chain letters;
hh. the dissemination of lewd, offensive, sexually oriented, obscene, pornographic or defamatory content or communication as well as such content or communication that is/are likely to promote or support racism, hatred, physical violence, deliberate falsehoods ("fake news") or unlawful acts;
ii. harassing other users, e.g. by contacting them personally several times without or contrary to the reaction of the other user as well as promoting or supporting such harassment;
jj. requesting other users to disclose passwords or personal data for commercial or illegal purposes.
a. The operator can take the following measures if there are concrete indications that a user has violated legal regulations, the rights of third parties, these GTC, in particular the principles of section 10, or if the operator has another legitimate interest, in particular to protect users from fraudulent activities:
aa. Deletion of bids, offers, ratings or other content
bb. warning of users
cc. Delaying the publication of bids and other content
dd. Temporary hiding of bids on the search results page
ee. Restriction of the use of the portal, especially buying activities (including the requirement to verify bids)
ff. Temporary blocking
gg. Final blocking
When choosing a measure, the Operator shall take into account the legitimate interests of the User concerned, in particular whether there are indications that the User is not responsible for the violation.
b. The Operator may permanently exclude a User from using the Portal (permanent blocking) if:
aa. he has repeatedly received negative ratings or low detailed seller ratings and the blocking is necessary to protect the interests of other users
bb. he has provided false contact information
cc. he transfers his account or gives third parties access to it
dd. he harms other users or the operator to a considerable extent
ee. he violates the regulations of the law on weapons, in particular the regulations contained in section 6 of these GTCs
ff. he repeatedly violates these GTC or
gg. there is another important reason.
After a user has been finally blocked, there is no claim to restoration of the blocked account or the rating profile.
c. Users can terminate this user contract at any time by declaration to the operator.
d. The operator can terminate the user contract at any time with a notice period of 30 days to the end of the month. Towards commercial sellers the operator will justify the ordinary termination. The right to block and the right to extraordinary termination for cause remain unaffected.
e. As soon as a user has been blocked or the user contract has been terminated by the operator, this user may no longer use the portal with other accounts and may not register again to use the portal by creating a new account. Blocking or termination does not affect the validity of contracts already concluded on the portal.
a. The operator is liable according to the legal regulations for intent and gross negligence of the operator, his legal representatives, executive employees or other vicarious agents. The same applies to the assumption of guarantees or other strict liability as well as claims under the Product Liability Act, fraudulent intent or culpable injury to life, limb or health.
b. The operator is liable in principle for simple negligent violations of essential contractual obligations caused by him, his representatives, executives and simple vicarious agents, i.e. such obligations on whose fulfillment the user regularly relies and may rely for the proper execution of the contract, in this case, however, limited to the amount of the typically arising, foreseeable damage.
c. Any further liability of the operator is excluded.
d. As far as the liability of the operator is excluded or limited, this also applies in favor of the personal liability of his legal representatives, executive employees and simple vicarious agents.
a. The User indemnifies the Operator against all claims asserted by other Users or other third parties against the Operator due to infringement of their rights by offers and other content posted by the User via the portal or due to the User's other use of the portal.
b. The User shall bear the costs of the necessary legal defense of the Operator including all court and attorney fees in the statutory amount. This does not apply if the user is not responsible for the infringement.
c. The User is obligated to provide the Operator immediately, truthfully and completely with all information necessary for the examination of the claims and a defense in the event of a claim by a third party.
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day of the conclusion of the contract.
In order to exercise your right of withdrawal, you must inform us(Outleap GmbH & Co KG, Skalitzer Straße 33, 10999 Berlin, Tel.: +49 (0) 30 549 068 19; e-mail: email@example.com) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. For this purpose, you can use the sample revocation form attached as an appendix, which is, however, not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
If you have requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
The operator reserves the right to change these GTC at any time with effect for the future. If the User does not object to such changes within four weeks after receipt of the notification, the changes shall be deemed agreed. In the event of changes, the Operator undertakes to notify the User of the changes to the GTC by e-mail and to point out to the User that the changes will be deemed accepted if the User does not object within four weeks of receipt of the e-mail.
b. All declarations transmitted within the scope of the user contract concluded with the Operator must be made in writing or text form (e.g. by e-mail).
c. The contract of use including these GTC is subject to German law. The application of the UN Convention on Contracts for the International Sale of Goods is excluded. For consumers domiciled in the EU, the mandatory provisions of the consumer protection law of the member state in which the consumer is domiciled shall also apply, provided that these are more advantageous for the consumer than the provisions of German law.
d. For users who are merchants within the meaning of the German Commercial Code, a special fund under public law or a legal entity under public law, Berlin shall be the exclusive place of jurisdiction for all disputes arising from the user agreement and these GTC.
e. Should individual provisions of these GTC be or become void or ineffective in whole or in part, this shall not affect the validity of the remaining provisions. Statutory law shall take the place of any provisions of these GTC that are not included or are invalid. If such statutory law is not available in the respective case (loophole) or would lead to an unacceptable result, the parties shall enter into negotiations to replace the non-included or invalid provision with a valid provision that comes as close as possible to it in economic terms.