These General Terms and Conditions (hereinafter referred to as "GTC") conclusively govern the use of the platform operated by Outleap GmbH & Co KG (hereinafter referred to as "Gunfinder" or "Operator") by its registered users (hereinafter referred to as "Users"). These GTC apply to all services provided by Gunfinder, in particular the use of the marketplace and the publication of offers and advertisements made possible through it.
Gunfinder acts solely as an intermediary and is not involved in the contracts concluded between the Users of the Platform. Contracts concluded via the platform are concluded exclusively between the users (buyer and seller). 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 on which users can offer ("sell") or purchase ("buy") goods and services related to hunting, shooting sports and outdoor activities ("items"). Gunfinder does not itself become the provider of the items offered via the platform and is also not a contractual partner of the contracts concluded via the marketplace. The responsibility for posting and processing the offers lies exclusively with the users.
b. Creation of advertisements
Users have the option of creating and publishing advertisements consisting of text and images. These ads can be viewed by other users. Gunfinder also enables the exchange of messages between advertisers and interested parties. Gunfinder itself does not check the legality, accuracy or completeness of this content.
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 terms of use for the platform or individual functions dependent on certain conditions, such as the submission of permits, licenses or proof of identity.
d. Technical restrictions and maintenance work
Gunfinder guarantees the use of the platform within the scope of the current technical possibilities. Temporary restrictions, for example due to maintenance work, may occur, whereby Gunfinder will take into account the legitimate interests of users, e.g. by providing advance information.
e. External advertising and distribution of content
Gunfinder reserves the right to advertise the advertisements published on the platform by third parties or on other platforms, e.g. through online marketing campaigns or print media. For this purpose, the user permits Gunfinder to use the content posted by him/her to increase the reach of the platform.
f. User ratings and additional functions
Users can submit publicly accessible ratings to each other. The rating 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 ratings.
a. Registration and account use
Registration on the Platform is required to post offers and to use the Platform as a buyer or seller. Users may only register if they have reached the age of 18. Only one non-transferable account is permitted per user.
b. Obligations when registering
The user is obliged to provide truthful and up-to-date information when registering. Incomplete or false information may lead to the account being blocked or deleted. The user is also responsible for ensuring that their access data is stored securely and is not used by third parties.
c. Deletion and blocking of accounts
Gunfinder reserves the right to delete accounts that have not been used for a longer period of time or for which registration has not been completed in full, after giving reasonable notice.
a. Access and use
Registered users are granted access to the portal and to the services and functions available on it for the duration of the account assigned to them within the framework of the provisions of these GTC. A claim to the use of the portal or certain functions exists only within the scope of the current technical and operational possibilities.
b. Legality and responsibility for content
Each user is solely responsible for the legality of the offers, content and information (including images and descriptions) posted by him/her on the portal. The user guarantees that his content does not infringe the rights of third parties and complies with applicable laws. In the event of an infringement, the user shall indemnify the operator against any third-party claims and any resulting damages (see section 13).
c. Prohibited articles
It is prohibited to offer or advertise articles whose offer, sale or purchase violates applicable laws, the rights of third parties or common decency. Gunfinder reserves the right to attach additional conditions to the sale of certain items that go beyond the legal requirements in order to ensure the proper operation of the portal.
d. Manipulation of prices and offers
The manipulation of prices through the use of multiple accounts or through collusion with other users is prohibited. It is also prohibited to buy your own items in order to artificially influence the price or visibility.
e. Misuse of the search functions
It is prohibited to manipulate the search functions of the portal, for example by misusing brand names or irrelevant search terms in item descriptions or titles in order to achieve a better ranking in the search results.
f. Obligations of the seller
Sellers must classify their items correctly and completely in the appropriate category and describe them with all relevant information, including the main characteristics and any defects. In addition, the terms of payment and delivery must be clearly and completely stated.
g. Advertising and symbols
The item descriptions and the images used in them may only refer to the items on offer. Advertising for other items not offered via the portal is not permitted. The use of quality seals, guarantee marks or other third-party symbols is only permitted if the operator has approved these symbols.
h. Consumer protection and withdrawal policy
Commercial sellers who offer goods or services to consumers are obliged to provide the statutory consumer protection information and to inform about the existence or non-existence of a right of withdrawal.
i. Pricing
The price quoted for items must be 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 shown accordingly in the item description.
j. Fees and commissions
Sellers are prohibited from charging buyers additional fees or commissions on top of the selling price, unless these are expressly stated in the offer and permitted by law.
k. Use of contact data
The use of contact data obtained through the portal (e-mail addresses, addresses, etc.) is limited exclusively to pre-contractual and contractual communication. The forwarding or use of this data for other purposes, such as for sending advertising, is prohibited unless the user concerned has expressly consented to this.
l. Archiving of information
Users are themselves responsible for backing up all relevant information that they receive in the course of using the portal and that is required for the preservation of evidence or bookkeeping on independent storage media. Gunfinder accepts no liability for the loss of data.
m. Disruptive interventions
Users may not block, overwrite or otherwise modify any content of the portal or content generated by other users, in particular if this could impair the functionality of the portal or lead to an excessive load on the technical infrastructure.
n. Scope of use of the services
Gunfinder provides various services and functions on the portal, including the possibility of publishing articles, images, audio documents and other content and exchanging information with other users. The use of these services is limited to the functionalities currently available.
o. Advertising for external offers
Direct or indirect advertising for external services or offers outside the platform is not permitted. It is also prohibited to link to your own websites or to mention them in the offers.
p. Address details for commercial sellers
Commercial sellers are obliged to provide their full address in the listing description in order to comply with the statutory information obligations.
q. Items subject to the EWB
Items subject to the EWB (purchase authorization) may only be sold if the seller ensures that the item is only handed over to the authorized recipient. When shipping, this must be ensured by checking the identity of the carrier. Each seller is responsible for complying with the firearms regulations.
r. Binding nature of auctions
When listing an item as an auction, the seller submits a binding offer. At the end of the auction period, a legally binding purchase contract is concluded between the highest bidder and the seller. The auction price is the final price including VAT.
s. Binding purchase offers
If an item is posted as a purchase offer, the seller submits a binding offer that can be accepted by a buyer by means of a purchase request. A legally binding purchase contract is concluded upon acceptance. The price is the final price including VAT.
t. Sanctions for violations
If a user violates these GTC, Gunfinder reserves the right to temporarily or permanently block the user's account, delete offers or take other appropriate measures to ensure the proper operation of the portal. In the event of serious violations, Gunfinder may permanently exclude the user from using the portal. In the event of blocking or exclusion, there is no entitlement to restoration of the account or to reimbursement of fees already paid.
a. Legal provisions
The sale and purchase of items requiring a license, in particular weapons and ammunition, are subject to strict legal requirements (e.g. the Weapons Act). The seller and buyer are obliged to comply with these regulations without restriction. The seller bears sole responsibility for compliance with all legal regulations within the scope of his 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
Every seller must label his offers in accordance with the law, in particular in accordance with § 35 WaffG. Gunfinder provides various labeling options for this purpose, e.g. "Without purchase restriction", "Release from 14", "Release from 18", "Article subject to EWB". When creating an offer, the seller must select one of these options. However, this selection does not release the seller from his obligation to independently fulfill all other legally required labeling obligations in the offer text.
c. Permit requirement and responsibility of the seller and buyer
Both the seller and the buyer must have the appropriate legal permits to purchase or possess the weapon or ammunition (e.g. gun ownership card, hunting license, NWR IDs). The seller undertakes to transfer the weapon or ammunition only to authorized persons and to report the sale to the competent authority within two weeks, stating the personal details of the purchaser. The buyer also undertakes to notify the competent authority of the purchase within two weeks. The seller is responsible for complying with all firearms regulations in order to avoid criminal prosecution.
d. Liability of the operator
Gunfinder assumes no responsibility for checking whether the buyer and seller have the necessary authorizations to purchase or sell items requiring a permit. In the event of violations of the provisions of this Section 6, Gunfinder reserves the right to immediately exclude the User concerned from using the Platform (see Section 13).
The content available on the Portal originates partly from Gunfinder, partly from Users or other third parties ("Third Party Content"). Gunfinder does not check 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 such content. This also applies to third-party content on linked external websites. Gunfinder assumes no liability for the suitability of third-party content for a specific 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 of charge for private users. Private individuals can offer and purchase items on the marketplace free of charge, provided that no special fees are charged for additional services.
b. Dealer T&Cs
The separate Dealer T&Cs apply to commercial users (dealers) and contain specific regulations on fees and other conditions. Commercial users should check the relevant terms and conditions carefully, as different regulations apply here, particularly with regard to subscription fees and commission models.
c.Processing fees
A processing fee of 15 euros will be charged in the event of returned direct debits, the cancellation of bids on auctions and the cancellation of instant sales.
a. Profile design
Users can, if this function is available on the portal, design their user profiles individually within the framework of the GTC. In particular, the restrictions in section 8 must be observed.
b. Verification of identity
As a rule, Gunfinder does not verify the identity of the profile owners or the information in the user profiles. However, the operator reserves the right to carry out such checks. 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 he or she claims to be.
Insofar as this function is available on the portal, users have the right to post content on the portal and make it accessible to third parties, subject to the provisions of these GTC.
a. Granting of rights of use
By posting content, the User grants Gunfinder a free, non-exclusive right of use to the respective content, which includes in particular the following rights:
b. Right of use for feedback and ideas
For ideas, solutions to problems, 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 check the content for completeness, accuracy, legality, topicality, quality or suitability for specific purposes. By posting content, the user guarantees that he/she is the owner of all necessary rights or has effective authorization from the rights holder to publish the content on the portal and to grant the corresponding rights of use 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 if it violates the GTC or if there are concrete indications of such a violation. Gunfinder will take the legitimate interests of the user into account appropriately.
a. Restricted use of content
Unless otherwise expressly stipulated 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 scope of the functionalities provided by the portal or with the express permission of Gunfinder.
b. Prohibition of reproduction and editing
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. Restriction of the right of use
The right to use the content is bound to the duration of the user account. After termination of the account, the right to use the content available on the portal expires, unless otherwise agreed.
The use of the portal by the respective user is subject to strict compliance with the applicable statutory provisions and the provisions of these GTC. Unauthorized use of the portal is given in particular in the following cases:
a. Unfair offers and content
b. Unwanted commercial activities
c. Offering prohibited items
d. Illegal content
e. Discriminatory or defamatory content
f. Infringement of third-party rights
g. Offering counterfeit goods
h. Distribution of harmful software
i. Sending spam and chain letters
j. Illegal content and communication
k. Harassment of other users
l. Inadmissible requests to disclose data
a. Measures in the event of violations
Gunfinder may take the following measures if there are concrete indications that a user is violating legal regulations, the rights of third parties, these GTC, in particular the principles of section 12, or if there is another legitimate interest, e.g. to protect users from fraudulent activities:
When selecting the respective measure, Gunfinder 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. Final blocking
Gunfinder may permanently exclude a user from using the portal (final blocking) if:
After a final blocking, there is no entitlement to restoration of the account or the rating profile.
c. Termination by the user
Users may terminate the user contract at any time by giving Gunfinder notice of termination. This termination can be made informally, for example by e-mail.
d. Ordinary termination by Gunfinder
Gunfinder reserves the right to terminate the user contract at any time with a notice period of 30 days to the end of the month. In the case of commercial sellers, the ordinary termination shall be justified by Gunfinder. The right to block and the right to extraordinary termination for good cause remain unaffected.
e. Consequences of blocking or termination
As soon as a user has been blocked or the user contract has been terminated by Gunfinder, the user is prohibited from using the portal via other accounts or from registering again under a new account. However, blocking or termination has no effect on the validity of contracts already concluded via the portal.
a. Liability for intent and gross negligence
Gunfinder is liable in accordance with the statutory provisions for damages caused by intentional or grossly negligent behavior on the part of Gunfinder, its legal representatives, executives or other vicarious agents. This also applies to the assumption of guarantees, strict liability and claims under the Product Liability Act, fraudulent intent or in the event of culpable injury to life, limb or health.
b. Liability for simple negligence
Gunfinder is only liable for damage caused by simple negligence if a material contractual obligation has been breached. Material contractual obligations are those obligations whose fulfillment is necessary for the proper execution of the contract and on whose compliance the user may regularly rely. In such cases, Gunfinder's liability shall be limited to the foreseeable damage typically arising.
c. Exclusion of liability
Any further liability on the part of Gunfinder is excluded unless one of the above-mentioned liability cases applies.
d. Limitation of liability in favor of third parties
Insofar as Gunfinder's liability is excluded or limited, this shall also apply in favor of the personal liability of Gunfinder's legal representatives, executive employees and ordinary vicarious agents.
a. Indemnification obligation of the user
The user shall indemnify Gunfinder against all claims asserted by other users or third parties against Gunfinder due to the infringement of their rights by offers or content posted by the user via the portal. The same applies if claims are asserted due to other use of the portal by the user.
b. Assumption of defense costs
In this context, the user shall assume the costs of the necessary legal defense of Gunfinder, including all court and attorney's fees in the statutory amount. However, this does not apply if the User is not responsible for the infringement.
c. User's duty to cooperate
In the event of a claim by a third party, the user is obliged to provide Gunfinder immediately, truthfully and completely with all information necessary for the examination of the claims and an appropriate defense.
Consequences of revocation
If you withdraw from this contract, we will refund all payments we have received from you, including delivery costs (with the exception of additional costs arising from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us). The refund will be made immediately and at the latest within fourteen days from the day on which we receive notification of your withdrawal.
For the refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. Under no circumstances will you be charged any fees for this repayment.
If you have requested the performance of the 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 time 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 revocation period is fourteen days from the date of conclusion of the contract.
To exercise the right to cancel, you must inform us (Outleap GmbH & Co. KG, Skalitzer Straße 33, 10999 Berlin, Phone: +49 (0) 30 549 068 19, E-Mail: hallo@gunfinder.de) of your decision to cancel this contract by a clear statement (e.g. a letter, fax or e-mail). You can use the attached sample withdrawal form for this purpose, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Gunfinder reserves the right to amend these GTC at any time with effect for the future. The Operator will inform the User of any planned changes in good time. If the user does not object to the changes within four weeks of receipt of the notification, the changes shall be deemed to have been agreed. Gunfinder undertakes to inform the user in the notification of changes by e-mail that the changes shall be deemed to have been accepted if the user does not object within the aforementioned period of four weeks after receipt of the notification.
a. Use of affiliated companies
Gunfinder is entitled to cooperate with affiliated companies in order to fulfill its contractual obligations and to exercise its rights under this contract. The transfer of data is always carried out in accordance with the data protection policy, which can be viewed separately.
b. Form of declarations
All declarations made within the scope of the user contract concluded with Gunfinder must be made in writing or text form (e.g. by e-mail).
c. Applicable law
The user agreement and these GTC are subject to German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. For consumers domiciled in the EU, the mandatory provisions of the consumer protection law of the member state in which the consumer is domiciled also apply, insofar as these provisions are more advantageous for the consumer than the provisions of German law.
d. Place of jurisdiction
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 is the exclusive place of jurisdiction for all disputes arising from the contract of use or these GTC.
e. Severability clause
Should individual provisions of these GTC be invalid or void in whole or in part, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by the statutory provision. If such a statutory provision is missing or leads to an unacceptable result, the parties undertake to agree an effective provision in place of the ineffective provision that comes as close as possible to the economic purpose of the ineffective provision.
