A basic understanding of the applicable rules helps you classify a conflict correctly and choose the appropriate next step. You must distinguish between the platform rules, the specific agreements between the users involved and the mandatory law that applies.
The platform’s General Terms of Service, usage guidelines and Privacy Policy
The General Terms of Service govern the relationship between each user and Suchen Technology GmbH. Among other things, they contain provisions on use of the platform, user content, adverts, communication, reviews, reports, moderation measures and account restrictions.
Additional usage guidelines apply insofar as they are expressly incorporated into the General Terms of Service. You can find the current legal documents and guidelines under Legal & Policies.
The Privacy Policy explains how personal data is processed, which recipients may be involved, how long data may be stored and which data protection rights apply. It does not determine who is legally in the right in a private civil dispute between users.
Specific agreements between users
For a transaction or other interaction, the specific arrangements between the parties involved must also be taken into account. These may include, in particular, the item offered or the service agreed, its condition and scope, the price, any additional costs, the payment method, dates or deadlines, delivery, handover and, where applicable, return or cancellation conditions.
These agreements are between the users involved. suchen.expert provides the technical platform for publishing adverts and facilitating contact, but generally does not become a party to a contract concluded between users and does not act as a seller, buyer, representative, trustee or payment service provider.
The platform rules therefore do not replace a specific agreement between users. Conversely, an agreement that may be unlawful or prohibited under the platform rules does not become valid merely because both parties have agreed to it.
Mandatory applicable law
In addition to the platform rules and individual agreements, the relevant statutory provisions apply. Mandatory law cannot be excluded either by a private agreement or by the General Terms of Service. Which provisions apply to a specific conflict depends, among other things, on the nature of the parties involved, the content of the transaction, the place where the events occurred and any international connection.
It is therefore not possible to determine automatically from the platform rules whether, for example, there is a claim for payment, repayment, performance of a contract, surrender of property or damages. Such questions must be assessed on the basis of the specific agreement and the applicable law.
The significance of the rules for moderation decisions
suchen.expert may review reported or otherwise suspicious content in accordance with statutory requirements, the General Terms of Service and the incorporated usage guidelines. The available information, the reported circumstances and, where necessary, requested evidence may be taken into account.
If a breach is confirmed, depending on the circumstances, content or adverts may be restricted, rejected or removed, and accounts may receive a warning, be restricted or be suspended. The specific measure depends on the available information, the nature and severity of the possible breach and the applicable statutory requirements. A report therefore does not automatically lead to a particular measure.
Newly posted adverts may be reviewed before they are made public for the first time. However, approval confirms neither that an advert is legally permissible nor that it is factually accurate or complete. Users must therefore continue to check details, items and services themselves.
A moderation decision initially concerns use of and content on the platform. It does not automatically resolve a private civil dispute and does not make a binding determination as to whether one contracting party owes the other money, contractual performance or damages.
Review of a moderation decision
If your own content, adverts or account have been restricted, suspended or removed, you can request a review of the moderation decision via the contact form.
Identify the decision concerned, explain the reasons for your objection and submit only the information relevant to the review. The operator will review the matter, taking into account the circumstances provided, and inform you of the outcome. A request for review does not guarantee that the original decision will be changed or overturned. Any legal remedies available by law remain unaffected.
Further details can be found in the article How does the escalation procedure work in the event of a conflict?
How support can help
Support can explain the platform’s features and reporting channels, refer you to relevant help articles and legal documents, and receive questions, complaints and reports of technical problems. It may also request information needed to review a specific matter on the platform.
However, support does not provide individual legal advice and does not interpret applicable law in a manner that is binding on courts or public authorities. Nor does it make final decisions on private claims arising from an agreement between users. If you need a legal assessment of your specific case, contact an appropriately qualified advisory service or legal adviser.
Changes to the rules and notifications
The General Terms of Service may be amended in accordance with the conditions set out in them, particularly where legal or regulatory requirements, technical developments, changes to functionality or the need to close gaps in the provisions make an amendment necessary.
Users will generally be informed of planned changes to the General Terms of Service in accordance with the notice periods and procedures set out in them. Statutory exceptions or special provisions may apply to certain changes and groups of users. Technical or contractual changes, security notices and service updates may also be announced via system messages or other designated communication channels.
This does not constitute a commitment to inform every user personally about every editorial change to a help article, every individual technical change or every update. In the event of a conflict, you should therefore check the versions of the General Terms of Service, the Privacy Policy and the documents under Legal & Policies that are currently published.
How to assess a conflict in practice
First check whether the matter concerns a possible breach of platform rules, performance of a specific agreement between users or a legal issue. Several levels may be affected at the same time.
Document the relevant arrangements, messages and evidence. When submitting a report, refer as precisely as possible to the content concerned and the relevant rule, without assuming that your own legal assessment is already definitive.
If you have questions about the platform’s features or a moderation decision, you can use the contact form. Private claims and possible criminal offences may, where necessary, also need to be pursued through the appropriate legal or official channels.
Further information can be found in the article When and how can I take legal action in the event of a conflict on suchen.expert?
