Bedingungen

General terms and conditions of use for classified ads

Kleinanzeigen.de GmbH, Albert-Einstein-Ring 26, 14532 Kleinmachnow, operates a German-language website under the name “Kleinanzeigen” as well as other services, local and mobile applications, services and tools (hereinafter collectively “Classified Ad Services”).

These General Terms of Use, including the Classifieds Principles and the Classifieds Ratings Principle incorporated into these General Terms of Use (hereinafter “Terms of Use”), contain the basic rules for the use of the Classifieds Services. Terms and conditions of the user that deviate from these terms of use do not apply unless they have been expressly agreed upon by both parties in text form.

The terms of use and the classifieds services are provided exclusively in German.

If you use the classifieds services as a consumer and conclude paid contracts with classifieds, you have a legal right of withdrawal, about which classifieds informs you as follows:

Right of withdrawal

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reasons.

You have the right to cancel this contract within fourteen days without giving any reasons. The cancellation period is fourteen days from the day the contract is concluded. In order to exercise your right of withdrawal, you must contact us (kleinanzeigen.de GmbH, Albert-Einstein-Ring 26, 14532 Kleinmachnow, telephone number: +49 30 81097979, email: service@kleinanzeigen.de) by means of a clear declaration (e.g. with the letter sent by post or email) about your decision to withdraw from this contract. You can use the attached sample cancellation form, although this is not mandatory. In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.

Consequences of revocation

If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for any additional costs arising from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment.

If you have requested that the services begin during the cancellation period, you must pay us an appropriate amount corresponding to the proportion of the services already provided up to the point at which you inform us of your exercise of the right of cancellation with regard to this contract Comparison with the overall scope of services provided for in the contract.

Sample cancellation form

(If you want to cancel the contract, please fill out this form and send it back.)

To kleinanzeigen.de GmbH, Albert-Einstein-Ring 26, 14532 Kleinmachnow, email: service@kleinanzeigen.de:

• I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

• Ordered on ( * )/received on ( * )

• Name of the consumer(s)

• Address of the consumer(s)

• Signature of the consumer(s) (only for paper notification)

• Date

( * ) Strike out what is not applicable.

§ 1 Service description and advertising of the advertisements

1. With the classifieds services, Kleinanzeigen provides an online service through which the user as an advertiser can create and publish offers and requests consisting of texts and images (hereinafter “ads”) and, as an interested party, can view advertisements published by other users. In addition, the classifieds services also enable the exchange of electronic messages between advertisers and interested parties. To the extent that this is necessary for conversion into file formats suitable for the classifieds services, Kleinanzeigen will convert the user's advertisements into formats for use in mobile applications and websites, although Kleinanzeigen will in no case make any changes to the content of the advertisement.
2. The classifieds services serve to publish advertisements and bring together providers and interested parties of the goods and services listed. Kleinanzeigen is not itself a provider of the products advertised in the advertisements.
3. As part of the Classifieds services, Classifieds offers private users (consumers) the “Pay Securely” and “Buy Direct” functions. With “Pay securely” the payment can be processed via a payment service provider that cooperates with classified ads. Buyers benefit from buyer protection. More about paying safely . The Buy Direct feature allows buyers to accept a price set by the private seller and pay the price to the seller via Pay Now. The seller can then accept the offer. More about Buy Direct .
4. As part of the ad display and on a user's overview page, Classifieds displays additional information about the user and their activities in the classified ad services (this can, for example, be information about the response rate and/or average response time to inquiries about published advertisements, so-called activity indicators). Classifieds can also identify the user based on certain criteria.
5. Classifieds allows users to rate each other based on specific interactions with one another in a publicly accessible manner. The use of the rating system is based on the principle of the rating function of classified ads .
6. Classifieds allows users to follow other users or ads and to save search requests. Classifieds informs the user about items on the watch list, including changes in the description or price changes, about newly posted items from followed users and about new items that match a search request.
7. Kleinanzeigen publishes and promotes the classified ad services and the advertisements posted by users itself and through third parties (in particular other platforms including social networks), for example by integrating the advertisements or excerpts thereof on other websites, in other software applications (“apps”) ), in emails or in print and television advertising campaigns. Classifieds also allows third parties to advertise their offers and services via the Classifieds Services. In order to support these activities, Classifieds may also provide third parties with access to the data, information and content published via the Classifieds Services. The user allows classifieds the aforementioned use of his advertisements for the purpose of advertising and increasing the reach of the classifieds services. This also applies to translations for the purpose of integrating the translated advertisements into foreign language offerings.
8. Classifieds allows users to sort search results based on various criteria. The order of search results depends on the following parameters: date of ad, price and distance.
   
   -In the standard sorting, the most recent ads are displayed at the top without entering a location (alternatively, this can be changed to “cheapest first”). When you enter a location, the ads on the search results page are limited to the location or radius.
   
   -If a location and a radius have been selected, sorting according to the “Smallest distance first” criterion is also possible.
   
   -Classifieds can also offer sorting according to the criterion of relevance for the user. If the user chooses this relevance sorting, ads with the title that best matches the search term are displayed higher up. If the search term appears exactly in the title, the ad is more relevant than the ad whose title only partially corresponds to the search term or where the search term only appears in the ad text. If the relevance is the same, the most recent ad will be displayed higher up.
   
   Above the search results, advertisements labeled as such that match the respective search are displayed on the search results page. In addition, the search results on the search results page also display advertisements for which the respective provider has agreed to pay an additional fee for their prominent display (e.g. as a top ad). You can find more information about the possible options for highlighted display within the ad display here .
9. Other ads from the same user can also be displayed below a user's ad, with the selection and order of the user's ads being random. In addition, a list of other advertisements from other users can be displayed here that might also interest the searching user. The selection and sorting of the advertisements within this list are based on their similarity to the respective advertisement under which the list appears, as well as the parameters of the date of the advertisement, price and distance. In addition, advertisements can also be displayed within the list for which the respective provider has agreed to pay an additional fee for their highlighted display (e.g. as a top advertisement), as well as advertisements that are clearly marked as such and which match the content of the respective advertisement.
10. In addition, Classifieds may suggest certain information to the user through an automated system, such as specific advertisements from users on the Classifieds homepage. When selecting the recommended information, user data can play an important role, such as the user's previous search queries and the user's previous surfing behavior within the classifieds services (to the extent that this data is available and is used for this purpose in accordance with the applicable data protection regulations may), the user's location and special promotions (e.g. time-limited offers).
11. Kleinanzeigen reserves the right to temporarily restrict the possibility of entering and retrieving advertisements if this is necessary with regard to capacity limits, the security or integrity of the servers or to carry out technical measures and if this serves to ensure the proper or improved provision of services (maintenance work). Classifieds takes into account the legitimate interests of all users, especially through advance information. Particularly for technical reasons, it may at times not be possible or only possible to a limited extent to place advertisements or retrieve activated advertisements (unforeseen system failures).

§ 2 Registration, user account

1. In order to fully use the classifieds services, in particular for posting advertisements, displaying certain contact details of advertisers and exchanging electronic messages with other users, the user must register with classifieds. The prerequisite for registration is that the user is a natural person, legal entity or partnership.
2. The user is obliged to truthfully and completely provide the data collected when registering classified ads, including his telephone number, which will be verified once via SMS after registration. Successful verification of the telephone number is a prerequisite for using the classifieds services. Before transmitting their data, the user has the opportunity to check their data and, if necessary, correct it using the technical means displayed. If the data changes after registration, the user is obliged to update the data immediately in the password-protected user area of ​​the classifieds services.
3. By submitting the registration form, the user makes an offer to conclude a user agreement with classified ads, thereby accepting the validity of the terms of use. If Classifieds accepts the registration, the user will receive a confirmation email with a personalized link. Upon receipt of the confirmation email, a contract for the use of the classifieds services (hereinafter “User Agreement”) is concluded between Classifieds and the user. To complete the registration, the user must access the link provided in the confirmation email to verify their email address. The user then has to verify their phone number once. There is no entitlement to conclude a user agreement. To enter the contract you can use German as your prefered language. The text of the contract (these terms of use) is available here .
4. Upon successful registration, a user account is created for the user, which they can access using their email address and the password they chose during registration. The password can be changed by the user at any time via the password-protected user area. It must be kept secret by the user and protected from access by unauthorized third parties. If the user discovers or suspects that his access data is being used by a third party without authorization, he must inform Classifieds immediately and change his password immediately. In certain situations, such as access from abroad, logging into the user account can be made dependent on entering a code that Classifieds sends to the user to their verified email address or telephone number.
5. When registering, the user must indicate whether the respective user account is used exclusively for private use or exclusively for commercial or freelance use (“commercial users”). It is expressly prohibited to use a private user account for commercial or freelance purposes or to use a commercial or freelance user account for private purposes. Each user may only register with the classifieds services once for private use and for commercial or freelance use of the classifieds services. This means that each user is allowed to maintain a maximum of two user accounts at the same time (one user account for private use and one for commercial or freelance use). To ensure this, Classifieds can check during registration whether the telephone number provided by the user has already been used in other registrations. User accounts are not transferable.
6. Classifieds may restrict the use of certain functions of the classifieds services or the extent to which individual functions can be used to the fulfillment of additional requirements, e.g. B. the provision of additional data, a check and verification of the user's data, the duration of use, the type of use (private or commercial or freelance), the user's previous payment behavior and/or the submission of certain evidence, in particular classified advertisements instruct the cooperating payment service provider to withhold payments to the user as part of the “Secure Pay” function in accordance with the relevant provisions of the Platform Tax Transparency Act (PStTG) if the user fails to provide the legally required information (see also Section 4.1 of the data protection declaration for classified ads) despite twofold Reminder not provided.
7. Kleinanzeigen also reserves the right to test new or changed functions and features limited to certain user groups in order to improve the user experience, as long as this is reasonable for the users, taking into account the legitimate interests of Kleinanzeigen. This can lead to different representations for different users.
8. The user receives an overview of the advertisements he has published on his user profile page. He also receives information about the activity indicators offered by classifieds and can make changes to his settings, preferences and data. Users can view an overview of all advertisements published by the respective users as well as information about the activity indicators on the user profile pages of certain other users. The order of the displays in the overview on the user profile page is based on the “Newest First” criterion and can be changed by the viewing user to the “Cheapest First” criterion.
9. As part of the Classifieds Services, Classifieds has access to various information about users, including personal information. This includes, in particular, information that users transmit to classifieds as part of the classifieds services (e.g. contact, address or advertisement information) as well as that which is generated during the provision and processing of the classifieds services (e.g. ratings, activity indicators or communication) . Users receive information via the classifieds service that is necessary for the provision of the classifieds service (in particular the messages and contact information of an interested buyer). Users also have access to important information they have submitted via the “My” area (particularly under messages, ads and settings).
10. Kleinanzeigen provides certain user groups with analytical data about their activities and the advertisements they have posted. Classifieds will only pass on the advertisements, including the information contained therein about users and other information from the classifieds services, to third parties or provide third parties with access to this information if this is necessary for the provision of the classifieds service (such as for Increasing the reach in the case of advertising the classifieds service and publishing the advertisements via third parties in accordance with Section 1 No. 7 of these terms of use) or classifieds is legally or contractually entitled to do so.
    
    

Kleinanzeigen provides information about the processing of personal data by Kleinanzeigen, including transmission to third parties and the rights of the user as a data subject.

§ 3 Conclusion of advertising and service package contracts

1. If the user has successfully registered with classifieds, they have the opportunity to create their own ads free of charge using the classifieds services and publish them in the classifieds services. Kleinanzeigen reserves the right to publish advertisements in certain categories only upon payment of a fee. Regardless of this, Kleinanzeigen reserves the right to limit the number of free advertisements published by a user within a certain period of time and to only offer the publication of additional advertisements upon payment of a fee. The user has the opportunity to select and book certain paid additional services when placing an ad or, if necessary, to book such additional paid services even after an ad has been published. Kleinanzeigen can offer service packages with special services or conditions for certain user groups and/or in certain categories.
2. By entering the advertisement data, if necessary selecting additional paid services or selecting the desired service package and sending the corresponding form, the user makes a binding offer to classified ads to conclude a contract for the temporary publication of the advertisement (hereinafter “advertising contract”). or a service package (hereinafter “Service Package Agreement”) in the Classifieds Services, to which additional terms and conditions (see the Additional Terms for Service Package Agreements ) may apply. The process can be canceled at any time before sending the form by closing the browser window or the application. Before sending the form, the user also has the option of checking the content of the designed ad using a preview function and correcting their information if necessary.
3. Kleinanzeigen can accept the offer to conclude an advertising contract or a service package contract by making a separate declaration to the user or by activating the ad. When the offer is accepted by Classifieds, the advertising contract or the service package contract comes into effect. Kleinanzeigen is not obliged to accept contractual offers from the user.
4. The advertisement data is stored electronically. The user can manage his advertisements in the password-protected user area of ​​the classifieds services and, in particular, delete them there. The text of the advertising contract or the service package contract is not saved separately. However, the user can access the terms of use on which the advertising contract or the service package contract is based at any time via the classifieds website and then save them in a playable form.
5. Even after an advertising contract has been concluded, it is possible for technical reasons that the ad cannot be found immediately after activation via the category search or with the help of search terms within the classifieds services.
6. If an invoice is sent, this will only be done electronically.
7. The user is not permitted to offer or provide the purchased services to third parties through classified advertisements without consent; this applies in particular to services from a service package contract.

§ 4 Content requirements for posted advertisements

1. The user is obliged to place each ad in the appropriate category and to describe their respective offer truthfully, stating all relevant features and characteristics, using words and, if possible, meaningful images. Classifieds can support the user, for example by suggesting a category or other features of the item on offer based on the specified title. The user is obliged to carefully check all entries and only accept appropriate suggestions for their ad.
2. The posting of advertisements, texts, images or other content that violates legal provisions, these terms of use, the rights of third parties or common decency (hereinafter “illegal content”) is prohibited. In particular, it is prohibited to post content
   
   that - violates copyright, trademark and competition law regulations or legal provisions for the protection of minors,
   
   - that violates the principles regarding prohibited content, or
   
   - that contains untrue information or that is otherwise misleading .
3. Users who use the classifieds services as commercial providers or for other business purposes are subject to special legal regulations. Among other things, you are obliged to fulfill the legal information obligations and, in particular, to provide complete provider identification that meets the legal requirements. Further information can be found on the classifieds help page . Kleinanzeigen assumes no liability for the accuracy or completeness of the information summarized there.

§ 5 Special obligations of the user

1. The user is obliged to refrain from any actions that could jeopardize the secure operation of the classifieds services or harass other users or that otherwise go beyond the intended use of the classifieds services. In particular, he is obliged to refrain from
   sending email advertising, SMS advertising, chain letters or other harassing content,
   sending viruses or other technologies that could jeopardize the classified advertising services or the interests or property of other users could cause damage,
   -expose the infrastructure of the classifieds services to an excessive load or otherwise disrupt or endanger the functioning of the classifieds services,
   -reproduce, make publicly accessible, or distribute the contents of classifieds without the prior consent of classifieds, to edit or otherwise use it in a way that goes beyond the intended use of the classifieds services.
   -to reproduce, make publicly accessible, distribute, edit or otherwise use the advertisements or other content of third parties without their prior consent in a way that goes beyond the intended use of the classified advertising services.
   -use crawlers, spiders, scrapers or other automated mechanisms to access the Classifieds Services and collect content, without the express written consent of Classifieds,
   -information, in particular email addresses or telephone numbers, about other users without prior notice to collect or use users' consent,
   to circumvent measures designed to prevent or restrict access to the classifieds services.
2. The user is obliged to save and archive on his own storage medium all data and information stored within the classifieds services that he currently or may need for evidence preservation, accounting or other purposes.

§ 6 Deletion of content, blocking of users, other measures

1. Kleinanzeigen is not obliged to monitor the content transmitted or stored by the user or to actively investigate circumstances that indicate illegal content. However, Kleinanzeigen reserves the right to voluntarily and carefully examine the content transmitted and stored by the user on its own initiative and to take other measures to identify, determine and remove illegal content or to block access to illegal content or to take the necessary measures to take action to comply with legal requirements. Kleinanzeigen is entitled to delete advertisements or other user content posted on the classified advertising services in whole or in part or to delay or not publish the user's advertisements or other content if there are concrete indications that the advertisement or content is unlawful Represent content within the meaning of Section 4 No. 2 of these Terms of Use, or that the user has otherwise violated contractual or legal obligations in a manner for which he is responsible. In such a case, Classifieds can also warn the user and/or temporarily or permanently exclude them from using the Classifieds services. In the event of a temporary or permanent blocking, Classifieds will inform commercial users of this fact 30 days before the blocking takes effect and provide reasons for this on a permanent medium (e.g. email), unless there are compelling reasons to the contrary. The aforementioned period does not apply if the termination or permanent blocking occurs due to mandatory legal provisions or official orders or if Classifieds can prove that the user has repeatedly violated these terms of use.
2. Kleinanzeigen also reserves the right not to publish advertisements or to remove them from the classified advertising services if there are indications that the advertised product is not freely available for sale or is otherwise being offered in an unlawful manner, or if there are indications that the Advertisement should or was placed for abusive purposes. Kleinanzeigen also reserves the right to exclude certain products from advertising and to remove corresponding advertisements if these products are typically advertised for abusive purposes.
3. If a user has been permanently excluded from using the classifieds services by classified ads or if the user contract with the user has been terminated with a corresponding notice from classifieds, the user may also use the classifieds services with other user accounts, including user accounts for third parties or user accounts created by third parties no longer use it and do not register again with the classified advertising services.
4. When choosing the measure, Kleinanzeigen will take into account the legitimate interests of the user concerned, in particular whether the user was not responsible for the violation. If Kleinanzeigen takes one of the above measures, Kleinanzeigen will, within the scope of legal obligations, inform the user concerned about the measure and any legal remedies the user is entitled to with a reason. Classifieds uses various methods and tools to moderate user content. Among other things, Kleinanzeigen uses a system for recognizing common fraud patterns, including corresponding automatic filter mechanisms, which enables Kleinanzeigen to detect a variety of illegal content and activities through automated and manual checks and to take appropriate measures.
5. In the event that a user frequently and obviously provides illegal content (e.g. advertisements with prohibited articles, jobs or services or reviews that violate the principle of the rating function of classifieds ), classifieds will continue to provide the classifieds services to this user prior warning. When deciding on suspension, Kleinanzeigen will assess, on a case-by-case basis, in a timely, careful and objective manner, whether the user frequently and manifestly illegal content is provided, taking into account all relevant facts and circumstances apparent from the information available. Such circumstances include, at a minimum, (i) the absolute number of patently unlawful content provided or submitted within a given period of time; (ii) their relative proportion of the total content provided in a given period; (iii) the seriousness of the cases, including the nature of the unlawful content, and their consequences; and (iv) the user's intentions, if these intentions can be determined. The suspension is for a reasonable period of time, which is based in particular on the circumstances mentioned above.
6. If Kleinanzeigen takes one of the measures in accordance with this § 6, in particular in the case of a restriction, blocking or termination in accordance with § 11 No. 2 of these terms of use, users have the opportunity to report the facts underlying such measures within the framework of Kleinanzeigen's internal complaint management procedure in accordance with § 7 No . 4 of these terms of use.

§ 7 Customer service, reporting procedures, internal complaint management system

1. Classifieds customer service is available free of charge to any user for the purpose of submitting complaints and other inquiries.
2. If users consider content that other users have published within the classifieds services (e.g. advertisements or reviews) to be illegal, they have a reporting procedure available to them as part of the classifieds services , through which content viewed as illegal can be reported in classifieds . The reporting users must justify the reports with sufficient precision and appropriateness and, in particular, provide the elements described in the reporting process regarding the content considered to be illegal. If the report contains the electronic contact details of the reporting user, Kleinanzeigen will immediately send them a confirmation of receipt. Classifieds are free to forward the content of the report and the data provided in the report to the user who posted the reported content. The identity of the reporting user will only be disclosed if absolutely necessary. Classifieds processes all reports and decides promptly, carefully, arbitrarily and objectively on the reported information. Classifieds will then immediately inform the user concerned of the decision regarding the reported information, indicating the possible legal remedies against this decision. Reports that are submitted by trustworthy whistleblowers working in their designated area of ​​expertise within the meaning of Regulation (EU) 2022/2065 (so-called trusted flaggers) using the procedures provided for this purpose will be given priority by Classifieds, processed immediately and made a decision.
3. In addition, Classifieds has set up an internal complaint management system for commercial users , which in particular offers them the opportunity to submit complaints directly to Classifieds in relation to the following problems, insofar as they affect the user: (i) alleged non-compliance with the legal regulations applicable to Classifieds, (ii) technical problems directly related to the provision of the Classifieds Service and (iii) actions or conduct of Classifieds directly related to the provision of the Classifieds Service.
4. In addition, Classifieds offers private and commercial users the opportunity to lodge a complaint via another internal complaint management system against decisions made by Classifieds after receiving a report of illegal content (within the meaning of Section 4 No. 2 of these Terms of Use) and against decisions about whether due to illegal content (i) a reported information is removed or access to it is blocked or restricted, (ii) the provision of the classified advertising services to the affected users is suspended or terminated in whole or in part, or (iii) the user account of the affected user is suspended or closed. Complaints against the aforementioned decisions are only possible within six months from the moment the user was informed of the decision.
5. Classifieds processes complaints submitted via one of the internal complaint management systems promptly, non-discriminatory, carefully and free of arbitrariness. If a complaint contains sufficient grounds to believe that the decision not to act upon a report is unfounded or that the information to which the complaint relates is not unlawful or in violation of these Terms of Use, or if it contains information which shows that the behavior of the complaining user does not justify suspension or termination of the classifieds services or permanent blocking of the user account, classifieds will immediately reverse the respective decision. After processing the complaint case, Kleinanzeigen will immediately inform the user of the result of the processing and justify its decision. In addition, in the decision pursuant to Section 7 No. 4 of these Terms of Use, Kleinanzeigen points out the possibility of out-of-court dispute resolution (see Section 15 No. 5 of these Terms of Use) and any other available legal remedies. Classifieds ensures that complaints submitted on behalf of users by appropriately qualified institutions, organizations or associations in accordance with Regulation (EU) 2022/2065 are processed and decided on as a priority and promptly. Kleinanzeigen regularly checks its internal complaint management system and records the effectiveness of the internal complaint management system for commercial users in a report in accordance with Section 7 No. 3 of these Terms of Use .
6. If users often submit obviously unfounded reports or complaints, Kleinanzeigen will suspend the processing of reports and complaints from these users for a reasonable period of time after prior warning. The procedure described in Section 6 No. 5 of these Terms of Use and the information there apply accordingly to reports and complaints that are often obviously unfounded.

§ 8 Fees

1. Classifieds charges fees for certain services provided in connection with the Classifieds Services and the use of certain functions of the Classifieds Services. Classifieds will expressly inform the user of the cost and the amount of the costs incurred before each booking of a paid service.
2. Prices quoted by classifieds for the provision of their own services within the classifieds services are in euros including VAT. For services that are aimed exclusively at commercial users, the prices are net, i.e. plus statutory sales tax.
3. Agreed fees are due for payment immediately and can be paid using the means of payment accepted by Classifieds. If Kleinanzeigen offers and accepts direct debit using SEPA direct debit as a means of payment, the direct debit will be announced (“pre-notification”) with a notice period of at least five working days; The deadline for the SEPA pre-notification is accordingly shortened to five days. If the debt collection fails despite timely notice and the user is responsible for the failure, he must reimburse Classifieds for the additional costs incurred as a result.