Terms of use

  1. What is Luckyshoot?
  2. Operator and Operator services
  3. Requirements for using the Platform/registration/Membership
  4. Offers/responsibility for content/contracting parties
  5. Conclusion and execution of the contract
    1. Posting an item by the seller
    2. Acceptance at a fixed price
    3. Conclusion of contract upon auction
    4. Special features of items requiring authorisation
    5. Contract execution
    6. Peculiarities in the handover/transport/shipping of weapons and accessories in categories A/B/C and ammunition requiring authorisation 
  6. Special provisions for the sale/purchase of goods requiring authorisation 
  7. Termination, removal, and blocking
  8. Fees and commission 
  9. Privacy policy 
  10. Liability
  11. Changes to the terms of use and severability clause
  12. Applicable law – Attribution of jurisdiction


1. What is Luckyshoot?

Luckyshoot is a sales and auction Platform for hunters, sport shooters, outdoor and shooting sports enthusiasts as well as companies seeking to offer, distribute or purchase products such as weapons, ammunition, optics, outdoor products and vehicles as part of an auction or as a fixed-price item.


2. Operator and Operator services

Flinte und Büchse Waffenhandel GmbH, based in 3430 Tulln Wildgasse 3/1 (hereinafter referred to as "the Operator"), operates a Platform under the URL www.luckyshoot.at and www.luckyshoot.eu (hereinafter referred to as "the Platform"), on which hunting and shooting sports goods, as well as outdoor products can be offered and purchased by third parties. 

Only registered Users can offer goods (items, products, vehicles) for sale on the Platform or purchase offered goods (see point 3). 

The Operator of the Platform acts exclusively as an intermediary and accordingly does not become a contractual partner of the brokered purchase contract unless the Operator itself acts as a seller of goods. The Operator's performance is limited to the provision of the Platform.

Contracts are concluded exclusively between buyers and sellers (hereinafter collectively referred to as "the Users").

These terms of use govern the contractual relationship between the Operator and the Users of the Platform. 

If a sales contract is concluded with the Operator as the seller via the Platform, the seller's terms and conditions also apply, which can be found at www.flinteundbuechse.at

For the sale of weapons, ammunition and other items requiring authorisation (hereinafter referred to as "items requiring authorisation"), in addition to the terms of use, the contractual terms agreed between the Users and other legal regulations, the applicable Weapons Act regulations based on the current legal situation also apply. Users are responsible for compliance with legal regulations, in particular, the provisions laid down in the Weapons Act and regulations, as well as for the proper transportation, weapons, ammunition, and of other items (see also point 5 and point 6).


3. Requirements for using the Platform/registration/Membership

Only registered Users can use the Platform to sell and buy goods. 

Registration is a two-stage process:

  1. First of all, Users must log in with their email address and a password by clicking on "Login". The following details are required for "registration": email, first name, last name, address, account details. A copy of the official photo ID is also required. 
  2. A confirmation email will then be sent to the email address provided.

After registration and email confirmation, Users will be allowed to use the Platform. 

The Operator reserves the right not to activate Users, or to subsequently exclude them from using the Platform, without giving reasons.

Registration and application are only allowed for unrestricted competent physical persons who are at least 18 years old, as well as for legal entities and partnerships. Other people, especially minors, are not allowed to use the Platform. For this reason, Users must truthfully state their date of birth when registering.

The registration and application of a legal person or partnership are to be carried out by an authorised representative, by name.

Data requested for "registration" and "application" must be complete and correct. In the event of a data change, Users must promptly correct the data provided.

Upon effective registration on the Platform, a contract is concluded between the User and the Operator of the Platform for the use of the Platform and its services (hereinafter referred to as "Membership"). Membership is not transferable to third parties.

Users must keep login data and the password as confidential information. Users shall be responsible for the illegal use of the user account due to lost access data, without any liability on the part of the Operator. Users must indemnify and hold the Operator harmless.


4. Offers/responsibility for content/contracting parties

As a rule, the Operator need not check the offers posted by Users and their content.

Users are responsible for their posted items, the item description, and the images they use. Users are also responsible for ensuring that the content complies with legal requirements and does not breach any third party rights. The Operator assumes no liability for the details of advertisements/offers. Upon breach, Users will indemnify and hold the Operator harmless from all claims relating to the offer.

However, the Operator reserves the right to randomly check offers posted by Users and to remove or deactivate offers that breach legal regulations, third-party rights, or the Operator's terms of use. Further information on offer removal and deactivation can be found in point 6 herein.

The information/offers/advertisements available on the Platform are generally provided by third parties (Users) and in no case represent binding offers of the Operator. The service provided by the Operator shall be construed as an advertising platform, which means that Users can place their advertisements or conclude contracts if they so desire. 

Contracts are exclusively concluded between Users, provided that the Operator does not simultaneously act as a seller of goods. The Operator, therefore, assumes no liability whatsoever for products or damage resulting from the contractual relationship between Users, or in connection with the conclusion or non-conclusion of a contract. Users themselves are solely responsible for the performance of concluded contracts.

All claims of any kind whatsoever, arising from the contract conclusion or the failure to conclude a contract among Users, may not be brought up to or legally enforced by Users against the Operator or the Platform but always directly the respective User as a contractual partner.

The Operator assumes no liability whatsoever for any particular performance or for the enforceability of a contract concluded via the Platform. The Operator is not responsible for the correctness of user identity information or the availability of Users. Users must find proof of the actual identity of its contractual partner.

The Operator assumes no liability whatsoever for the products offered and traded by Users on the Platform as regards warranty, compensation, product liability, or guarantee. 

The Operator assumes no liability whatsoever for the content, accuracy, timeliness or reliability for any typing and transmission errors for retrievable content that is set and made accessible by Users or on their behalf. Users are responsible for the information in their advertisement/offer. The Operator assumes no liability whatsoever for any damage caused to Users who trusted information they gained knowledge of when using the Platform.

Sellers do not acquire an exclusion right with regard to the Platform by posting an item. The Operator can design the Platform at its own discretion and place advertising for itself or third parties on any page of the Platform – even next to the offer of a User – without the consent of any user or giving rise to any claims on the part of Users.


5. Conclusion and execution of the contract

Contracts are concluded exclusively between buyers and sellers (see also point 2 and point 4). For sales contracts, statutory provisions and the contractual terms and conditions (GTC) agreed between the seller and the buyer shall apply.


5.1 Posting an item by the seller

When posting an item on the Platform, Users can choose between an auction (with or without setting a minimum price) and a fixed-price sale. 

In both cases, by posting an item, subject to the following provisions, Users make a binding offer to conclude a purchase contract for such item. The seller must be able to transfer the items offered to the buyer immediately.

The price must always include VAT. Shipping costs are borne by the seller unless the amount of the shipping costs and the buyer's obligation to pay them are separately specified by the seller.


5.2 Acceptance at a fixed price

The buyer can accept the fixed price offer by clicking the button labelled "order with payment" and confirming thereby the purchase. Upon acceptance of the offer by the buyer, the purchase contract between seller and buyer comes into force. 

Via a chat function, Users can also contact the seller and clarify questions about the product.


5.3 Conclusion of contract upon auction

The auction begins as soon as the seller determines a starting price and a period within which the offer can be accepted by the buyer. The seller can also set a minimum price, in which case the acceptance of the offer is subject to the condition precedent that said minimum price is reached. If the minimum price is not reached, no purchase contract is concluded.

At the auction, the seller's offer is accepted by the buyer upon submitting a bid.

The buyer accepts the offer on the condition precedent that they are the highest bidder after the expiry of the auction period.

As soon as another buyer submits a higher bid during the offer period, the bid or the acceptance of the offer to sell by the lower bidder expires. 

The purchase contract is concluded between the seller and the highest bidder as soon as they have submitted their bid (acceptance).

If the Operator deletes an item from the Platform before the expiry of the offer period in accordance with point 6, no effective contract is concluded between Users.

Sellers may only terminate an auction early if no bid on the item has yet been placed.


5.4 Special features of items requiring authorisation

Both the offer to conclude a contract and the acceptance of the same are subject to the additional condition precedent that the seller and buyer comply with the relevant legal and Weapons Law provisions.



5.5 Contract execution

After the seller's offer has been accepted by the buyer, the seller is informed of the acceptance.

The buyer is obliged to pay in advance as part of the contract execution. The purchase price is payable immediately. For this purpose, the buyer is sent a payment request by the Operator after the purchase. The purchase price, including any shipping costs to be borne by the buyer (see item 5.1), must be transferred to the Operator's escrow account using the payment options offered on the Platform (PayPal or direct bank transfer).

As soon as the purchase price reaches the Operator's escrow account, the seller receives a message asking them to ship the purchased item.

The seller is subsequently obliged to send the Operator shipping confirmation including postal receipt with tracking (package number). 

The purchase price minus the Operator's fees and commissions (see item 8) is paid to the seller 

  • as the latter ships the sold item to the buyer after receipt of shipping confirmation, including postal receipt with tracking (package number), by the Operator. The seller must send the shipping confirmation to the Operator. 
  • upon personal handover of the sold item to the buyer by the seller, after receipt of an acceptance confirmation signed by the buyer by the Operator. The acceptance form is submitted to the seller together with the request to send the item by the Operator. The seller must have the buyer confirm the acceptance of the sold item upon personal handover on the acceptance form, and then submit the acceptance form signed by the buyer (acceptance confirmation) to the Operator.

The payment is made to the bank account specified by the seller in the registration (see point 3).

If, after the end of an auction, the purchase price is not transferred within three days (received in the Operator's escrow account) despite payment request and another express request by the Operator, the seller reserves the right to re-auction or resell the respective item. However, the bidder/buyer remains personally liable for the reduced proceeds. The buyer is not entitled to any excess proceeds.


5.6 Peculiarities in the handover/transport/shipping of weapons and accessories in categories A/B/C and ammunition requiring authorisation 

As with the sale and purchase of weapons, ammunition, and other goods requiring authorisation, Users must also comply with special legal provisions when handing over, shipping or transporting them (see also point 6). Users undertake to inform themselves about the applicable legal provisions and to comply with them before buying or selling.

By way of example only – without any guarantee – we shall mention hereby the provisions applicable to Austria, which Users must meet in any case:

When transferring or handing over weapons and accessories of category A/B/C and ammunition requiring authorisation pursuant to the Weapons Act, the following procedure can be used:

Individual to Individual: The buyer undertakes to provide the seller with the weapons documents required for the purchase. The buyer acknowledges that goods cannot be shipped or handed over before the documents have been sent. The seller must ensure that there is no weapons ban against the buyer and that, according to Weapons Law documents, the buyer meets the requirements to purchase the goods. 

Weapon traders must delete the weapon from the central weapons register on behalf of the seller and re-register the weapon on behalf of the buyer in the central weapon register. It should be noted that this usually incurs costs. 

In principle, the shipping of weapons between individuals is allowed. However, weapons requiring authorisation may only be shipped by a service provider authorised to carry out such transport. The seller can also hand over the gun and ammunition to the buyer personally.

Company to individual: The buyer undertakes to provide the seller with the weapons documents required for the purchase. The buyer acknowledges that goods cannot be shipped or handed over before the documents have been sent. The seller must ensure that there is no weapons ban against the buyer and that, according to Weapons Law documents, the buyer meets the requirements to purchase the goods.

Weapon traders must delete the weapon from the central weapons register on behalf of the seller and re-register the weapon on behalf of the buyer in the central weapon register. It should be noted that this usually incurs costs. 

Companies may not ship weapons and ammunition to individuals.

The following possibilities exist:

  • The buyer picks up the purchased goods directly from the weapons trader (seller) in its shop.
  • The buyer has the purchased goods sent to a weapons trader of their choosing and picks up the goods there. It should be noted that this usually incurs costs.

The Operator of the Platform assumes no liability whatsoever for checking whether handover/shipping/transport is carried out in accordance with the statutory provisions.

Users are responsible for compliance with Weapon Laws and regulations as well as for the proper transportation of weapons and ammunition (see also point 6).


6. Special provisions for the sale/purchase of goods requiring authorisation 

The sale and purchase of weapons, ammunition and other goods requiring authorisation are subject to special legal provisions to be observed by Users. Users undertake to inform themselves about the applicable legal provisions and to comply with them before buying or selling.

Users can find information on the Austrian legal framework at www.ris.bka.gv.at (e.g. Weapons Act 1996); Information on the German legal framework at www.bgbl.de (e.g. Weapons Act); Information on the legal framework in Switzerland at www.admin.ch (e.g. Weapons Act).

The seller must identify the offer accordingly.

The seller undertakes to comply with the relevant statutory provisions such as the Weapons Act and to only hand over goods requiring authorisation to persons entitled to their possession. For this purpose, the seller also undertakes to check whether potential buyers are of legal age (checking the date of birth).

Both the seller and the buyer/bidder must be in possession of a Weapons Law document or a corresponding license (weapon passport, weapon possession card, hunting card, etc.). It is pointed out that, for category C weapons in Austria, additional proof on the lack of a weapons ban against the purchaser/buyer is necessary.

In addition, the seller undertakes to notify the competent authority of the sale within two weeks, stating the details of the purchase. The buyer expressly agrees to the use of their data for this purpose.

The buyer also undertakes to notify the competent authority of the acquisition within two weeks.

The Operator of the Platform is not responsible for checking whether buyers and sellers have the legally required authorisations for the transfer of goods subject to license.

Sellers must report buyers or prospective buyers who would obviously breach applicable law to the Operator and the responsible authorities.

Users are responsible for compliance with weapon laws and regulations as well as for the proper transportation of weapons and ammunition (see also point 6).


7. Termination, removal, and blocking

Membership can be terminated by the User at any time and the user account deleted. 

Membership can be terminated by the Operator at any time by giving 14 days' notice to the end of the month. The Operator's right to removal and blocking remains unaffected.

The Operator reserves the right, should there be specific indications that a User breaches these terms of use, legal regulations or third-party rights, or if there is another legitimate interest – in particular, to protect Users from fraudulent activities, (i) to delete advertisements or offers, user bids, ratings or other content, (ii) restrict the use of the services and delay the publication of offers or other content, (iii) caution Users or temporarily or permanently block them on important grounds.

Prohibited items, goods that must be classified as unconstitutional, or items that violate common decency will be removed in any case. Such goods may not be offered or purchased. Among other things, this concerns the following items:

    • Objects or content that violate the Austrian prohibition law

    • Objects, content or images/photos that violate the Insignia Act

    • War relics of any kind

    • Prohibited weapons, ammunition or other prohibited objects

    • Items whose offer violates the copyrights, personality rights, or trademark rights of third parties

    • Chemicals hazardous to health as well as toxins and radioactive substances

    • Pornographic and other articles with a potentially harmful effect on minors

    • Animals according to Section 8a of the Animal Protection Act

Upon breach of applicable laws, the Operator will, without exception, lodge a complaint, block or remove the relevant user accounts, and forward relevant data including user data and IP addresses to the responsible authorities.

Users who breach laws or rules mentioned here and thus lead to an investigation against the Operator are liable to the Operator for any damage resulting from this, including court and litigation costs.

Users undertake to inform the Operator about breaches.

The effectiveness of contracts that have already been concluded is not affected by the blocking or termination.

As soon as a user is blocked or the user contract is terminated by the Operator, this user may no longer use other accounts and may not log in again.

Permanently suspended Users may not restore the suspended account


8. Fees and commission 

There are no fees for registering and purchasing items. 

There is also no fee for placing or posting articles. The sales commission is only charged when an item is sold.

The sales commission is due when posted, or re-posted goods are sold. This also applies where the contract for goods placed outside the Platform is concluded or initiated, in particular, by passing on/exchanging/requesting contact details.

The sales commission for auctions and fixed-price offers is a uniform 10% of the assessment basis.

Further to the sales commission, a transaction fee is charged for each item sold. The transaction fee is 4% of the assessment base.


The basis of assessment is:

  • For fixed-price items ("Buy Now"), the sales commission is calculated on the basis of the fixed price offered (incl. VAT), or on the basis of the price agreed differently between the buyer and seller (incl. VAT), whichever is higher.

  • For auction items, the sales commission is based on the starting price (incl. VAT), the "Buy Now" price (incl. VAT) (if specified), the minimum price (incl. VAT) (if specified), the highest bid (incl. VAT) or on the basis of the price (incl. VAT) agreed differently between buyer and seller, whichever is higher.

The sales commission incurred for a sold item, including the transaction fee, is deducted directly from the purchase price in the escrow account (see point 5.5). The seller will be issued an invoice in this regard.


9. Privacy policy 

We observe and comply with all statutory requirements in all procedures relating to the processing of data (e.g. collection, processing and transmission). Data required to process transactions will be stored and passed on to our suppliers or service providers where necessary for order processing.

You will find information about your data protection here.

The Operator assumes no liability for the use of data that Users make available to other Users when using the Platform. However, all Users are prohibited from using the data of other Users received via the Platform for the purpose of processing the contract in an improper manner or in breach of the agreement. 


10. Liability 

Claims for damages by Users are excluded. This excludes User claims for damages resulting from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages caused by an intentional or grossly negligent breach of duty by the Operator, their legal representatives or agents. Essential contractual obligations are those which must be fulfilled to achieve the objective of the agreement. 

In case of breach of essential contractual obligations, the Operator is only liable for the typical, foreseeable damage if this was caused by simple negligence, unless the Users' damage claims arise from injury to life, body, or health.

The above limitations also apply in favour of the Operator's legal representatives and vicarious agents if they are asserted directly against them.

The provisions of the Product Liability Act remain unaffected.

To reiterate: Contracts are concluded exclusively between buyers and sellers (see also points 2 and 4). The Operator is not a contracting party, being thus free of any liability arising from the contractual relationship unless they themselves act as a seller (see also point 2, point 4 and point 5).

The Operator is not liable for trademark, copyright and data protection violations by Users. Users shall hold the provider free from all claims of third parties due to User breaches arising from posted offers (see also point 4).

The activation of an account or the posting of an offer may take several hours. Thus, the Operator cannot guarantee an exact duration of the offer. In addition, the Operator may not be held responsible for server failures of the provider and any lost profits. The Operator is not liable for data loss or system failure, and claims for damages are excluded.


11. Changes to the terms of use and severability clause

The Operator reserves the right to change these terms of use at any time and without giving reasons. If any provision of these terms of use becomes ineffective, the remaining provisions remain unaffected. The ineffective provision will be replaced by one of the applicable law which comes closest to this in a legal and economic manner. The same shall apply in the event that a necessary provision has been inadvertently omitted. 


12. Applicable law – Attribution of jurisdiction

The law of the Federal Republic of Austria applies to the contract between Operator and User, excluding international private law and the United Nations Convention on Contracts for the International Sale of Goods. 

The place of jurisdiction for all disputes arising from this contractual relationship is the competent court for Tulln (place of business of the Operator).


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