These General Terms and Conditions (hereinafter "GTC") conclusively regulate the use of the platform operated by Outleap GmbH & Co. KG (hereinafter "Gunfinder" or "Operator") by its registered users (hereinafter "Users"). These GTC apply to all services provided by Gunfinder, in particular the use of the marketplace as well as the publication of offers and advertisements enabled thereby.
Gunfinder acts solely as an intermediary and is not involved in the contracts concluded between the users of the platform. Contracts that come about through the platform are concluded exclusively between the users (buyers and sellers). Gunfinder assumes no responsibility or liability for the products offered by the users, their quality, legality, or the fulfillment of the contractual relationships between the users.
a. Marketplace Services
Gunfinder provides a technical platform where users can offer ("Sellers") or purchase ("Buyers") goods and services related to hunting, shooting sports, and outdoor activities ("Items"). Gunfinder is not itself a provider of the items offered through the platform and is also not a contractual partner of the contracts concluded via the marketplace. The responsibility for listing and processing the offers lies solely with the users.
b. Ad Creation
Users have the option to create and publish ads from texts and images. These ads can be viewed by other users. Gunfinder also facilitates the exchange of messages between advertisers and interested parties. Gunfinder does not generally check these contents for their legality, accuracy, or completeness.
c. Publication and Availability of Offers
The content posted by users, such as offers and other information, does not reflect the opinion of Gunfinder. Gunfinder reserves the right to make the terms of use for the platform or individual functions dependent on certain conditions, such as the submission of permits, licenses, or identity verification.
d. Technical Limitations and Maintenance Work
Gunfinder ensures the use of the platform within the current technical possibilities. Temporary limitations, such as due to maintenance work, may occur, whereby Gunfinder will consider the legitimate interests of the users, for example, through advance information.
e. External Advertising and Distribution of Content
Gunfinder reserves the right to promote the ads published on the platform through third parties or on other platforms, such as through online marketing campaigns or print media. For this purpose, the user allows Gunfinder to use the content they have posted to increase the reach of the platform.
f. User Reviews and Additional Functions
Users can give each other publicly accessible reviews. The review function follows the principles of the platform. Gunfinder also offers additional functions, such as saving search requests or following other users. Gunfinder is not responsible for the accuracy or content of the reviews.
a. Registration and Account Use
Registration on the platform is required for posting offers as well as for use as a buyer or seller. The user may only register if they have reached the age of 18. Only one account per user is permitted, and it is non-transferable.
b. Duties upon Registration
The user is obligated to provide truthful and current information during registration. Incomplete or false information may lead to the suspension or deletion of the account. The user is also responsible for ensuring that their access data is kept secure and not used by third parties.
c. Deletion and Suspension of Accounts
Gunfinder reserves the right to delete accounts that have not been used for an extended period or where the registration has not been completed, after reasonable prior notice.
d. Commercial Use
The use of the platform for commercial purposes is only permitted through a special Merchant Account. Commercial use through a private account is expressly prohibited. Gunfinder reserves the right to suspend accounts if there is suspicion of unauthorized commercial use until the status is clarified or to convert them into a Merchant Account.
a. Access and Use
Registered users receive access to the portal and the services and functions available on it for the duration of their assigned account, in accordance with the provisions of these Terms and Conditions. There is no entitlement to use the portal or specific functions beyond the current technical and operational capabilities.
b. Legality and Responsibility for Content
Each user is solely responsible for the legality of the offers, content, and information (including images and descriptions) they post on the portal. The user guarantees that their content does not infringe on the rights of third parties and complies with applicable laws. In the event of a violation, the user indemnifies the operator from any claims by third parties and any resulting damages (see Section 13).
c. Prohibited Items
It is prohibited to offer or promote items whose offer, sale, or acquisition violates applicable laws, the rights of third parties, or public morals. Gunfinder reserves the right to attach additional conditions to the sale of certain items that go beyond legal requirements to ensure the proper operation of the portal.
d. Manipulation of Prices and Offers
Manipulating prices by using multiple accounts or by colluding with other users is prohibited. It is also prohibited to purchase one's own items to artificially influence the price or visibility.
e. Abuse of Search Functions
It is prohibited to manipulate the portal's search functions, for example, by the abusive use of brand names or irrelevant search terms in item descriptions or titles to achieve better placement in search results.
f. Seller Obligations
Sellers must correctly and completely categorize their items and describe them with all relevant information, including essential characteristics and any defects. Additionally, payment and delivery terms must be clearly and fully stated.
g. Advertising and Symbols
Item descriptions and the images used therein may only refer to the offered items. Advertising for other items not offered through the portal is not permitted. The use of quality seals, warranty symbols, or other third-party symbols is only permitted if the operator has approved these symbols.
h. Consumer Protection and Right of Withdrawal Information
Commercial sellers offering goods or services to consumers are required to provide the statutory consumer protection information and to inform about the existence or non-existence of a right of withdrawal.
i. Pricing
The stated price for items must be indicated as the final price including VAT and other price components. Shipping and delivery costs must be stated separately unless they are included in the price and are accordingly indicated in the item description.
j. Fees and Commissions
Sellers are prohibited from charging buyers additional fees or commissions on top of the sale price unless these are expressly stated in the offer and legally permissible.
k. Use of Contact Information
The use of contact information obtained through the portal (email addresses, addresses, etc.) is limited solely to pre-contractual and contractual communication. The transfer or use of this data for other purposes, such as sending advertisements, is prohibited unless the affected user has expressly consented to it.
l. Archiving of Information
Users are responsible for securing all relevant information they receive in the course of using the portal and that is needed for evidence preservation or accounting on independent storage media. Gunfinder assumes no liability for data loss.
m. Disruptive Interventions
Users may not block, overwrite, or otherwise modify content of the portal or content generated by other users, especially if this could impair the functionality of the portal or lead to excessive strain on the technical infrastructure.
n. Scope of Use of Services
Gunfinder provides various services and functions on the portal, including the ability to publish posts, images, audio recordings, and other content and to exchange with other users. The use of these services is limited to the currently available functionalities.
o. Advertising for External Offers
Direct or indirect advertising for external services or offers that are outside the platform is not permitted. It is also prohibited to link to one's own websites or to mention them in the offers.
p. Address Information for Commercial Providers
Commercial sellers are required to provide their complete address in the offer description to comply with legal information obligations.
q. Items Subject to EWB
The sale of items subject to EWB (acquisition authorization) may only occur if the seller ensures that the item is handed over exclusively to the authorized recipient. This must be ensured during shipping through an identity check by the carrier. Each seller is solely responsible for compliance with firearms regulations.
r. Binding Nature of Auctions
When listing an item as an auction, the seller makes a binding offer. Upon expiration of the auction period, a legally binding purchase contract is concluded between the highest bidder and the seller. The auction price is understood as the final price including VAT.
s. Binding Purchase Offers
If an item is listed as a purchase offer, the seller makes a binding offer that can be accepted by a buyer through a purchase request. Upon acceptance, a legally binding purchase contract is concluded. The price is understood as the final price including VAT.
t. Sanctions for Violations
If a user violates these Terms and Conditions, Gunfinder reserves the right to temporarily or permanently suspend the user's account, delete offers, or take other appropriate measures to ensure the proper operation of the portal. In the case of serious violations, Gunfinder may permanently exclude the user from using the portal. In the event of a suspension or exclusion, there is no entitlement to the restoration of the account or to a refund of any fees already paid.
a. Legal Provisions
The sale and purchase of regulated items, especially weapons and ammunition, are subject to strict legal requirements (e.g., the Weapons Act). Sellers and buyers are obliged to comply with these provisions without exception. The seller bears sole responsibility for complying with all legal regulations in connection with their offers. Gunfinder is not liable for compliance with these regulations, even if Gunfinder provides certain selection options to facilitate labeling (see Section 5b).
b. Labeling of Offers
Each seller must label their offers in accordance with the law, particularly according to § 35 WaffG. Gunfinder provides various labeling options for this purpose, such as "No Purchase Restrictions," "Release from 14," "Release from 18," "EWB-required Item." When creating an offer, the seller must select one of these options. However, this selection does not exempt the seller from their obligation to fulfill all other legally required labeling obligations in the offer text independently.
c. Licensing Requirements and Responsibility of the Seller and Buyer
Both the seller and the buyer must possess the appropriate legal permits for the acquisition or possession of the weapon or ammunition (e.g., firearms ownership card, hunting license, NWR IDs). The seller commits to handing over the weapon or ammunition only to authorized persons and to report the sale to the competent authority within two weeks, providing the personal details of the purchaser. The buyer also commits to notifying the competent authority of the acquisition within two weeks. The seller is responsible for complying with all firearms regulations to avoid criminal consequences.
d. Operator Liability
Gunfinder assumes no responsibility for verifying whether buyers and sellers possess the necessary permissions for the acquisition or sale of regulated items. In the event of violations of the provisions of this Section 6, Gunfinder reserves the right to immediately exclude the relevant user from using the platform (see Section 13).
The content available on the portal comes partly from Gunfinder and partly from users or other third parties (“third-party content”). Gunfinder does not verify the completeness, accuracy, or legality of third-party content and therefore assumes no liability or warranty for the quality, completeness, accuracy, legality, or timeliness of this content. This also applies to third-party content on linked external websites. Gunfinder does not guarantee the suitability of third-party content for a particular purpose.
a. Free Use for Private Users
The creation of an account and the use of the portal as a search engine and marketplace is free for private users. Individuals can offer and purchase items on the marketplace free of charge, provided that no special fees arise from additional services.
b. Merchant Terms and Conditions
Separate merchant terms and conditions apply to commercial users (merchants), which contain specific regulations regarding fees and other conditions. Commercial users should carefully review the relevant terms, as different regulations, particularly regarding subscription fees and commission models, may apply.
c. Processing Fees
In the event of chargebacks, the cancellation of bids on auctions, and the cancellation of immediate sales, a processing fee of 15 euros will be charged.
a. Profile Design
Users can customize their user profiles within the framework of the terms and conditions, provided this function is available on the portal. In particular, the restrictions of section 8 must be observed.
b. Identity Verification
Gunfinder generally does not verify the identity of profile owners and the information in user profiles. However, the operator reserves the right to conduct such verifications. Therefore, Gunfinder does not guarantee that the information in the user profile corresponds to the actual identity of the profile owner or that the profile owner is the person they claim to be.
As far as this function is available on the portal, users have the right to post content on the portal, subject to the provisions of these GTC, and to make it accessible to third parties.
a. Granting of Usage Rights
By posting content, the user grants Gunfinder a free, non-exclusive usage right to the respective content, which particularly includes the following rights:
b. Usage Rights for Feedback and Ideas
For ideas, problem solutions, concepts, or other feedback expressed on the portal, the user grants Gunfinder the transferable, non-exclusive right to use these commercially, in particular for the development and improvement of products or services.
c. Responsibility for Content
Users bear sole responsibility for the content they post. Gunfinder does not conduct any review of the content for completeness, accuracy, legality, timeliness, quality, or suitability for specific purposes. By posting content, the user guarantees that they are the owner of all necessary rights or have a valid authorization from the rights holder to publish the content on the portal and to grant the corresponding usage rights in accordance with these GTC.
d. Right to Reject or Remove Content
Gunfinder reserves the right to reject content or to edit, block, or remove content that has already been posted without prior notice, provided that it violates the GTC or there are concrete indications of such a violation. Gunfinder will adequately consider the legitimate interests of the user in this regard.
a. Restricted Use of Content
Unless expressly stated otherwise in these GTC or on the portal, the content available on the portal may only be accessed and displayed online for personal purposes. Any other use of the content is only permitted within the functionalities provided by the portal or with the express permission of Gunfinder.
b. Prohibition of Reproduction and Modification
Users may not edit, modify, translate, publish, reproduce, or distribute the content available on the portal in whole or in part without the express permission of Gunfinder, unless this is expressly permitted by a function of the portal (e.g., a download button).
c. Limitation of Usage Rights
The right to use the content is tied to the duration of the user account. Upon termination of the account, the right to use the content available on the portal expires, unless an alternative agreement has been made.
The use of the portal by the respective user is subject to strict compliance with applicable legal regulations as well as the provisions of these GTC. Unauthorized use of the portal is particularly present in the following cases:
a. Unfair Offers and Content
Offers and applications for paid content, services, and products that are unfair or violate applicable laws.
b. Unwanted Commercial Activities
Offers, applications, and conduct of activities with unwanted or unfair commercial backgrounds, such as contests, lotteries, barter transactions, advertisements, pyramid schemes, or the collection of personal data (e.g., email addresses) without the consent of the affected individuals, especially for the purpose of sending advertising emails (spam).
c. Offering Prohibited Items
The offering of war weapons or other items prohibited under the Weapons Act.
d. Illegal Content
The posting, distributing, offering, or promoting of content that violates the Weapons Act, the War Weapons Control Act, the Foreign Trade Act, the Radiation Protection Act, the Gun Law, youth protection laws, data protection law, or other applicable laws.
e. Discriminatory or Defamatory Content
The use of content that insults, belittles, discriminates against, vilifies, or defames other users or third parties.
f. Violation of Third-Party Rights
The use, provision, and distribution of content that infringes the rights of third parties, particularly industrial property rights such as trademark or copyright, without having explicit permission to do so.
g. Offering Counterfeit Goods
The posting or offering of counterfeit goods, such as in the context of trademark piracy.
h. Distribution of Harmful Software
The distribution of viruses, Trojans, or other harmful files that impair the functionality of the portal or the security of users.
i. Phishing and Fraudulent Activities
The sending of messages aimed at obtaining personal data such as access credentials, bank information, or other sensitive information from users. This also includes impersonating a false identity (e.g., as a support team) or inserting fraudulent links into messages, advertisements, or content.
j. Sending Spam and Chain Letters
The sending of unwanted advertising emails (spam), chain letters, or other unsolicited communications to other users.
k. Unlawful Content and Communication
The distribution of offensive, sexually explicit, obscene, pornographic, or defamatory content as well as communication that is suitable for promoting or supporting racism, hatred, physical violence, deliberate falsehoods (“fake news”), or illegal actions.
l. Harassment of Other Users
The harassment of other users, for example, by repeatedly contacting them despite clear rejection or contrary reactions from the contacted user. Promoting or supporting such harassment is also prohibited.
m. Unlawful Request for Disclosure of Data
The request to other users to disclose passwords, bank details, or other personal data for commercial or illegal purposes.
n. Circumvention of Security Measures
Any attempt to circumvent or manipulate the security measures of the portal, such as by posting programs, scripts, or links that could jeopardize protection against phishing, spam, or other fraudulent activities, is prohibited.
a. Measures in Case of Violations
Gunfinder may take the following measures if there are concrete indications that a user is violating legal regulations, third-party rights, these GTC, particularly the principles of Section 12, or if there is another legitimate interest, e.g., to protect users from fraudulent activities:
In choosing the respective measure, Gunfinder considers the legitimate interests of the affected user, particularly whether there are indications that the user is not at fault for the violation.
b. Permanently Blocking
Gunfinder may permanently exclude a user from using the portal (permanent blocking) if:
After a permanent blocking, there is no entitlement to the restoration of the account or the rating profile.
c. Termination by the User
Users may terminate the usage contract at any time by providing a corresponding declaration to Gunfinder. This termination can be informal, for example, via email.
d. Ordinary Termination by Gunfinder
Gunfinder reserves the right to ordinary terminate the usage contract at any time with a notice period of 30 days to the end of the month. For commercial sellers, the ordinary termination by Gunfinder will be justified. The right to block as well as the right to extraordinary termination for important reasons remain unaffected.
e. Consequences of Blocking or Termination
Once a user has been blocked or the usage contract has been terminated by Gunfinder, the user is prohibited from using the portal through other accounts or re-registering under a new account. However, a blocking or termination does not affect the validity of contracts already concluded through the portal.
a. Liability for Intent and Gross Negligence
Gunfinder is liable according to the statutory provisions for damages caused by intentional or grossly negligent behavior of Gunfinder, its legal representatives, executive employees, or other agents. This also applies in cases of assumption of guarantees, in cases of liability independent of fault, as well as in claims under the Product Liability Act, in cases of deceit, or in the event of a culpable violation of life, body, or health.
b. Liability for Simple Negligence
For damages caused by simple negligence, Gunfinder is only liable if a significant contractual obligation has been violated. Significant contractual obligations are those duties whose fulfillment is necessary for the proper execution of the contract and on whose compliance the user can regularly rely. In these cases, Gunfinder's liability is limited to the amount of the typically occurring, foreseeable damage.
c. Liability Exclusion
Any further liability of Gunfinder is excluded, unless one of the aforementioned liability conditions applies.
d. Liability Limitation in Favor of Third Parties
To the extent that Gunfinder's liability is excluded or limited, this also applies in favor of the personal liability of Gunfinder's legal representatives, executive employees, and simple agents.
a. Obligation of the User to Release
The user releases Gunfinder from all claims made by other users or third parties against Gunfinder due to the violation of their rights by offers or content posted by the user on the portal. The same applies if claims are made due to the user's other use of the portal.
b. Assumption of Defense Costs
In this context, the user assumes the costs of the necessary legal defense of Gunfinder, including all court and attorney fees at the statutory rate. However, this does not apply if the user is not responsible for the legal violation.
c. Obligation of the User to Cooperate
In the event of a claim by third parties, the user is obliged to provide Gunfinder immediately, truthfully, and completely with all information necessary for the examination of the claims and an adequate defense.
Consequences of Withdrawal
If you withdraw from this contract, we will refund all payments we have received from you, including delivery costs (except for the additional costs arising from your choice of a different type of delivery than the least expensive standard delivery offered by us). The refund will be made without delay and no later than fourteen days from the day on which we receive the notification of your withdrawal.
For the refund, we will use the same payment method that you used for the original transaction, unless something else has been expressly agreed with you. In no case will you be charged any fees for this refund.
If you requested the performance of services during the withdrawal period, you are obliged to pay us a reasonable amount. This amount corresponds to the proportion of the services already provided up to the point at which you inform us of the exercise of your right of withdrawal, in relation to the total scope of the contractually agreed services.
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day of the conclusion of the contract.
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 protected]) of your decision to withdraw from this contract by means of a clear statement (e.g. by letter, fax, or email). You may use the attached sample withdrawal form for this purpose, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the withdrawal period has expired.
Gunfinder reserves the right to change these Terms and Conditions at any time with effect for the future. The operator will inform the user in good time about planned changes. If the user does not object to the changes within four weeks of receiving the notification, the changes shall be deemed agreed. Gunfinder is committed to informing the user in the change notification by email that the changes will be considered accepted if the user does not object within the specified period of four weeks after receiving the notification.
a. Use of affiliated companies
Gunfinder is entitled to collaborate with affiliated companies to fulfill contractual obligations and to exercise the rights granted under this contract. The transfer of data always occurs in accordance with the separately accessible privacy policy.
b. Form of declarations
All declarations transmitted within the framework of the user contract concluded with Gunfinder must be made in writing or in text form (e.g., by email).
c. Applicable law
The user contract and these GTC are subject to German law, excluding the UN Sales Convention. For consumers residing in the EU, the mandatory provisions of the consumer protection law of the member state in which the consumer resides also apply, provided that these regulations are more favorable to the consumer than the provisions of German law.
d. Jurisdiction
For users who are merchants within the meaning of the Commercial Code, a public law special fund, or a legal entity under public law, Berlin is the exclusive jurisdiction for all disputes arising from the user contract or these GTC.
e. Severability clause
If individual provisions of these GTC are wholly or partially ineffective or void, the validity of the remaining provisions shall remain unaffected. The ineffective provision shall be replaced by the statutory regulation. If such a statutory regulation is absent or leads to an unacceptable result, the parties agree to establish an effective regulation in place of the ineffective provision that comes as close as possible to the economic purpose of the ineffective provision.
A-TEC
AEA Airguns
AKAH
ASG
Aimpoint
Alpen Optics
Alpha Industries
Anschütz
Antonio Zoli
Ares
B&T Schalldämpfer
Baikal
Ballistol
Balzer
Barbour
Barnes
Barnett
Benelli
Beretta
Bergara
Blaser
Brandit
Bremer Tresor
Brenneke
