Terms and Conditions

1. Scope and Operator

These terms apply to the website kapnula.de and its features. The operator is Vladimir Caplun, Willy-A.-Kleinau-Weg 30, 14480 Potsdam, Germany. Contact details are in the Imprint.

By registering, publishing a listing, or using account features, the user accepts these terms. Mandatory legal rights, especially consumer rights, remain unaffected.

2. Role of Kapnula

Kapnula provides the technical infrastructure through which users can publish, search, and communicate. Kapnula is generally neither seller, buyer, landlord, employer, intermediary, nor party to transactions initiated via the platform.

Kapnula does not generally review listings before publication and does not guarantee identity, availability, quality, safety, legality, or accuracy of an offer. Reports of potential violations are reviewed according to these terms and applicable law.

3. Registration and Account

An account may only be created with accurate information. Login credentials must be kept confidential and not shared with third parties. Users must inform Kapnula immediately if they suspect unauthorized access.

Use is intended for fully legally capable persons. Minors may use Kapnula only as legally permitted and with the consent of their legal representatives. Generally, one account per person, unless there is a legitimate reason for additional accounts.

There is no entitlement to registration or continued account availability. Kapnula may reject registrations for legitimate reasons, especially prior serious violations, suspected abuse, or technical risks.

4. Listing and Content Requirements

Users are responsible for their listings, messages, images, profiles, and other content. Content must be truthful, current, understandable, and assigned to the appropriate category. Price, condition, key properties, location, and possible limitations must be transparently stated.

By publishing content, the user warrants they are authorized to do so and do not violate third-party rights. Images may only be used if the user has the necessary rights. Personal data of third parties may only be published with a legal basis and required consent.

Automated mass publishing, misleading duplicates, search result manipulation, circumvention of technical protection measures, and spam are not permitted.

5. Prohibited Offers and Behavior

Prohibited are content or offers that violate applicable law, government orders, third-party rights, or the safety of other users. These include in particular:

• stolen, counterfeit, seized, or otherwise illegally offered items;
• illegal drugs, prohibited weapons, dangerous substances, and products requiring special permits without proof of such permits;
• content degrading to human dignity, extremist, discriminatory, threatening, or inciting hatred;
• fraudulent offers, phishing, malware, identity abuse, and payment requests with intent to deceive;
• pornographic or youth-endangering content, sexual service offers, and content endangering minors;
• publication of private data, images, or communications of third parties without required authorization;
• illegal employment, discriminatory job ads, or offers violating labor, tenancy, consumer, or trade law.

The list is not exhaustive. Categories may have additional requirements. In case of doubt, the legal situation should be checked independently before publishing.

6. Contracts and Payments Between Users

Contracts are concluded exclusively between the participating users. They determine price, payment, shipping, delivery, warranty, withdrawal, and other terms themselves and are responsible for tax, trade, consumer, and other obligations.

Kapnula currently does not hold purchase prices and does not offer its own escrow, payment, or buyer protection service. Users should not make advance payments if identity, offer, or payment method cannot be reliably verified. Safety information is at Safe Trading.

7. Reports, Moderation, and Appeals

Illegal or rule-violating content can be reported via the reporting features or the contact form. A report should include the exact URL, the challenged content, the reason, and, if available, appropriate evidence.

Kapnula may review content, restrict its visibility, reject or remove listings, limit features, issue warnings, or temporarily or permanently suspend accounts when there are concrete indications of a violation, fraud, security risks, or legal obligations. Measures are taken proportionately where possible.

Affected users can appeal a decision via the contact form and supplement relevant facts or evidence. Where legally required, a justification for the measure is provided. Authority requests are handled only within applicable legal provisions.

8. Rights to User Content

Rights to user content remain with the respective rights holder. The user grants Kapnula, for the duration of publication, a simple, territorially unlimited, free, and technically necessary right to store, reproduce, format, make publicly available, and edit the content for platform display, including preview images.

This right generally ends upon deletion of the content. Temporary backup copies, legal retention obligations, and preservation of evidence in disputes remain unaffected.

9. Availability and Changes to the Service

Kapnula strives for safe and reliable operation but does not guarantee uninterrupted or error-free availability. Maintenance, security measures, provider outages, and events beyond reasonable control may temporarily limit features.

Features may be developed, replaced, or discontinued when there is a legitimate reason and legitimate user interests are appropriately considered.

10. Liability

Kapnula is fully liable for intent and gross negligence, and for damages from injury to life, body, or health. For slight negligence in breaching essential contractual obligations, liability is limited to foreseeable, typically contractual damages. Otherwise, liability is excluded to the extent legally permissible.

Kapnula is not liable for the execution, quality, or legality of transactions between users and does not adopt third-party content solely through its technical provision. Mandatory statutory liability provisions remain unaffected.

11. Termination, Suspension, and Deletion

Users may request termination of their account at any time, provided there are no open matters or legal retention reasons. Kapnula may suspend or terminate an account for good cause, especially for serious or repeated violations, fraud, endangering other users, or legal obligations.

Before permanent suspension, the user is generally informed and, where reasonable and legally permissible, given an opportunity to respond. Immediate measures remain possible for urgent security risks, obvious illegality, or government orders.

12. Data Protection, Changes, and Applicable Law

Information on processing personal data is in the Privacy Policy.

These terms may be amended with effect for the future when legal, technical, or functional changes require it. Registered users are informed of significant changes in an appropriate manner. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods; mandatory consumer protection provisions of the country of habitual residence remain unaffected. Jurisdiction is agreed only to the extent legally permissible.

The German version is the complete contractual version. Translations and summaries serve for comprehensibility.