Terms of Use for Commercial Customers
The operator of the Internet portal SecondSol.de and any mobile applications (hereinafter referred to as the "Platform") as well as the database is:
SecondSol GmbH
Frank Fiedler - Managing Director
Stefan Wippich - Managing Director
Märzenquelle 6
98617 Meiningen
Phone: +49 (0)3693 88 60 481
Fax: +49 3693 88 56 070
Email: info@secondsol.de
(hereinafter referred to as "SecondSol")
SecondSol operates websites, services, and mobile applications related to the topics of photovoltaics, solar thermal, electromobility, and renewable energy systems. It provides the following services:
- Marketplace for new and used products and systems.
- Marketplace for services.
- Business directory.
- Job advertisements.
- Events overview.
- Advertising placement.
- Editorial content related to the topics mentioned above.
(below referred to as "Services")
Scope
- These general terms and conditions (hereinafter "Terms and Conditions for Entrepreneurs") apply to all legal relationships arising between SecondSol and the user as an entrepreneur according to § 14 BGB (hereinafter "User") in connection with the use of the platform, services, and database. For private users according to § 13 BGB, only the SecondSol terms and conditions for consumers apply.
- For the sake of readability, the term "User" is used in a gender-neutral form without reference to the female or diverse form in these terms and conditions.
- SecondSol is not involved in the relationship between users, neither as a party nor as a representative of a party. Contracts between users are concluded and fulfilled without the involvement of SecondSol.
Services of SecondSol
The SecondSol platform at www.secondsol.com facilitates the connection between providers and seekers in the fields of photovoltaics, solar thermal, electromobility, and renewable energy systems. The SecondSol platform, services, and database enable users to access information on the aforementioned topics, publish their own content and offers, and/or access content from other users. SecondSol provides the following services related to photovoltaics, solar thermal, electromobility, and renewable energy systems:
- Marketplace for new and used products.
- Marketplace for services.
- Business directory.
- Job advertisements.
- Events overview.
- Advertising placement.
- Editorial content on the mentioned topics.
- The availability of certain services may depend on the user's registration, and some features are accessible only when logged in as a registered user. Active participation as a provider or seeker (e.g., posting listings and inquiries, creating searches, etc.), using the comment function, and full marketplace usage are accessible only to registered users.
- Continuous and uninterrupted availability of the platform, services, and database, as well as server accessibility, are technically not achievable. The user is aware of this fact. SecondSol will make every effort to ensure the availability of the platforms, databases, and services, but necessary security or maintenance work or technical disruptions may cause temporary unavailability of the platform and database services.
Registration
- The use of certain platform services requires registration.
- Registration is only allowed for users who are of legal age and fully legally competent, and it requires the following mandatory information:
- Contact person's email address.
- Freely chosen personal password.
- First name and last name of the contact person.
- Complete company information (company name, managing director, VAT number, business registration or permit).
- The provided information must be truthful, complete, and accurate, and the email address must be kept up-to-date continuously.
- After successful registration, SecondSol creates a user account for the user. Access to the user account requires entering the email address provided during registration and the chosen password. The password can be changed at any time in the password-protected user area.
- The user confirms that they are authorized to represent the registered company.
- The access data must be kept confidential, protected against unauthorized access, and must not be shared with third parties. In case of suspected misuse by third parties, the user is obligated to inform SecondSol immediately and change the password.
- SecondSol does not verify the information or identity of users. Therefore, SecondSol reserves the right to request evidence of the provided data, particularly evidence of the company, commercial activities, etc., during registration or at a later stage.
- SecondSol reserves the right to reject users without giving reasons. In such cases, the transmitted data will be deleted immediately.
- Each user may register only once. Simultaneous registration of multiple user accounts is not permitted. Circumventing this rule, especially by using different data, is prohibited. The user account is not transferable.
Conclusion of Contract
- By submitting the registration form, the user makes an offer to enter into a usage contract for the use of the platform and services. If SecondSol accepts the offer, the user will receive a confirmation email with a personalized link. There is no entitlement to the conclusion of a contract. Upon receipt of the activation link, a usage contract for the use of the platform and services is concluded.
- By submitting the content intended for inclusion in the database, the user makes an offer to enter into a contract for the limited inclusion and provision of the content in the database. SecondSol accepts the offer by including the content in the database.
- Regarding paid services (hereinafter referred to as "Additional Services"), the user makes an offer to SecondSol by selecting the desired paid service, providing additional information about the company, confirming the awareness of the underlying general terms and conditions for commercial customers, and clicking the "Order Now" button.
- SecondSol can accept the offer by completing the payment process, receiving the contract fee, sending an order confirmation, or by activating the ordered Additional Services. The contract is concluded upon acceptance of the offer by SecondSol. The user will receive the terms and conditions underlying the contract with the order confirmation.
- The order process can be cancelled at any time, and the information can be corrected. The services of the Additional Services can be found in the selected product description.
- In the user area, the user can view the booked Additional Services. The contract text is not stored separately. After the activation of the booked Additional Services, it is possible that the booked functionalities may not be immediately available due to technical reasons.
User Responsibilities | Data Backup
- Compliance with these General Terms and Conditions ensures the functionality of the platform and the database. Therefore, users are prohibited from taking any actions that may endanger the operation of the platform, services, and database or excessively harass other users. This includes all actions that go beyond the intended use of the platform and the database and/or that may impair the technical functions of the platform and database.
- Users commit to providing only serious and genuine offers on the platform, carefully and truthfully compiling the information provided about the offer, especially regarding the description of the goods, availability, and delivery times, and promptly updating any changes. Offers must be deactivated promptly if the availability of the offered goods cannot be ensured or cannot be ensured within a reasonable timeframe. Advertisements that violate legal regulations, good morals, and/or the rights of third parties are considered non-serious offers.
- Offer designs that serve solely to attract the attention of interested parties will be considered abuse. Such offer designs are particularly given in the following cases:
- Offering products that are not available or not available in the quantity offered.
- Misusing offers as advertising space for one's own company.
- Attracting platform users' attention with vague or false information (including incomplete or false offers).
- Referring interested parties to fee-based internet or phone services (e.g., 0190 or 0900 numbers).
- Users commit to posting offers only while complying with legal requirements and information obligations towards third parties, especially consumers (e.g., imprint obligation).
- The use or sharing of accounts with third parties is not permitted. Third parties also include companies affiliated with the user (company) within the meaning of § 15 Aktiengesetz (German Stock Corporation Act), unless otherwise agreed.
- The user is obligated to:
- Verify the data posted and displayed on the platform for accuracy through at least one search query before transmission.
- Transmit only data that has been checked for viruses or similar harmful programs that may impair the technical functions of the platform and the database before transmission.
- Secure and archive all data stored by SecondSol in connection with the use of the platform and the database outside the user account for the purpose of evidence preservation, bookkeeping, or other purposes so that users can access this data independently of their user account and the database.
- Upon reporting a problem with the use of the platform or services, the user commits to actively cooperate in resolving the issue, particularly by providing the necessary information for correction and performing any necessary actions.
- Advertisement and Communication Content
- The user is responsible for the content (texts, images) posted by them and for communication with other users.
- The user ensures that the content they post and their communication do not violate the rights of third parties (e.g., copyright or trademark rights, personal rights, rights to one's own image) or violate any legal prohibitions or good morals. SecondSol is not obligated to review the content posted by the user or their communication.
- The user is obligated to promptly correct or delete any content that violates the rights of third parties, legal prohibitions, or good morals. Changes should be made in the user account.
Sanctions
- Non-compliance with the behavioral obligations stated in paragraphs 5, 6, and 8 entitles SecondSol, regardless of possible civil and criminal consequences for the affected user, to immediately deactivate corresponding offers.
- If the user repeatedly violates the behavioral obligations stated in paragraphs 5, 6, and 8 despite a corresponding warning from SecondSol, SecondSol is entitled to remove affected data, delete the offer, terminate the usage contract with the respective provider without notice for good cause, and/or immediately block access to the database system.
- In the event of claims by third parties as mentioned in paragraph 11, SecondSol is entitled to reject or promptly remove or deactivate content and communication even without prior consultation with the user.
- SecondSol reserves the right to assert further rights.
- The user's obligation to pay the remuneration remains unaffected by the implementation of the measures stated in this paragraph.
User Content Usage Rights -
- By posting content into the database, the user grants SecondSol the right to use this content free of charge and indefinitely for the necessary types of use required for the operation of the platform and services, as well as for posting and provision in the database and access by third parties. This includes the rights to store, reproduce, edit, modify, make available, transmit, license, publish, and make publicly accessible the content, particularly through or as part of advertising measures (online banners, newsletters, other advertising materials). Furthermore, the user consents to the use of the content posted in the database, while complying with data protection regulations, for analysis and further development of the platform and services.
- The rights to the database, the database work, and the posted content and data are exclusively owned by SecondSol. Any rights of the user to the content they posted remain unaffected by this.
- The user's rights are limited to using the search capabilities provided on the platform to view individual data records on an end device and, if this function has not been deactivated by SecondSol, to print them. The following activities are not permitted:
- Database queries, especially automated queries, bypassing the search capabilities provided on the platform using scripts, bots, crawlers, search software, or comparable measures.
- Use of queried data, e.g., for building their own databases and/or for commercial data exploitation or disclosure and/or for other commercial exploitation and linking, integrating, or otherwise connecting the database or individual elements of the database with other databases or meta-databases.
User Identity and Content
- Advertisements and/or other content posted by users on the platform are considered third-party content within the meaning of § 8 paragraph 1 of the Telemediengesetz (TMG) (German Telemedia Act). Therefore, the legal responsibility for this content lies with the person who posted the content into the database.
- Users post advertisements without SecondSol checking their legality, accuracy, and completeness. SecondSol does not guarantee the accuracy and completeness of the information provided by users and/or the quality, compliance with safety standards, and/or legal requirements (e.g., products' approval for the EU, EC certification) of the goods or services offered by users, as well as the identity and integrity of the users.
Liability
SecondSol shall not be liable for disruptions on the Internet, in cases of force majeure, or due to labor disputes, as well as in the event of operational interruptions or system failures.
SecondSol, its subcontractors, or their agents shall be liable to users for damages arising from the use of the platform and services as follows:
Unrestricted Liability
- For damages resulting from the intentional or negligent violation of life, body, or health.
- For damages resulting from the intentional or negligent violation of material contractual obligations. Material contractual obligations are obligations whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the user can rely.
- For other damages resulting from intentional or grossly negligent breaches of duty.
Liability Limited to Foreseeable Damages
- For other damages that were culpably caused by SecondSol, its subcontractors, or their agents, up to the contractually typical, foreseeable damages.
- Further liability of SecondSol is excluded, except for claims under the Product Liability Act.
- SecondSol shall only be liable for data loss and costs of useless data entry within the scope of the above provisions to the extent that such loss could not have been avoided even if the user had regularly backed up the data in machine-readable form in its latest version.
- Any contributory negligence on the part of the user shall be taken into account in any case.
- SecondSol shall not be liable for breaches of duty by users acting as contracting parties in sales transactions with each other.
- The above provisions apply accordingly to the limitation of liability for futile expenses and in favor of employees, representatives, and agents of SecondSol.
Exemption
The user shall indemnify SecondSol against all claims that other users or third parties assert against SecondSol due to the user's content and/or communication (including the ratings provided by the user) posted on the platform. The user shall fully support SecondSol in its legal defense, to which SecondSol is entitled but not obligated, and shall assume the costs of the necessary legal defense of SecondSol, including all court and attorney's fees, even beyond the fees of the Attorney Compensation Act, e.g., pursuant to a fee agreement. The user shall promptly, truthfully, and completely provide SecondSol with all information necessary to examine the claims and for defense in the event of claims by third parties.
Prices, Due Date, Right of Retention
- The prices for subscriptions are based on the prices applicable for the chosen subscription at the time of ordering.
- Contractual fees are due for payment in advance for the contract period and must be paid immediately and can only be settled through the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A. For the initial order, the user will be redirected directly to the payment service provider. The terms and conditions of the payment service provider apply for the payment process.
- When renewing the subscription, the original payment method through the payment service provider PayPal will be used for payment processing.
- SecondSol may charge users a flat-rate fee if SecondSol deletes offers or content, excludes members due to violations of the terms and conditions, reactivates blocked member accounts, or incurs costs for unpaid payments (e.g., chargebacks). The flat-rate fees are applicable if the user is responsible for the violation. This does not apply if the user proves that no damage occurred or that the damage was significantly lower. The amount of the flat-rate fee can be viewed in the price list.
- In case of payment default during the renewal of the subscription, SecondSol reserves the right to withhold its own contractual performance until the default is resolved. The user's obligation to pay the fee during the retention period remains unaffected.
Changes to Services
SecondSol is entitled to further develop the design and functionality of the platform, database, and services, including functionalities and content, within the state of the art and industry standards, taking into account the legitimate interests of the users.
If such further development leads to an expansion of the services of the respective booked product, SecondSol is entitled to adjust the agreed prices in accordance with the value added by the development. If the extent of such adjustment exceeds a volume of more than five percent of the previously agreed price per calendar year, the user has the right to object. SecondSol will inform the user about the possibility of objecting to the adjustment and that the adjustments will become effective in the absence of an objection. The user will have the opportunity to object to the adjustments based on the further development within a reasonable period after being notified in written form. If the price adjustment is effectively objected to, it will not be carried out.
Termination of User Relationship | Deletion of Customer Account
- The user can terminate the user relationship for the use of the platform, services, and database at any time and close the customer account in the user area Elimina account, provided that the user has not booked any additional services.
- The contract term regarding additional services is based on the contract conditions concluded between the user and SecondSol for the respective product or service, especially as described in the description of the additional services.
- SecondSol may terminate the user agreement for exclusively free use of the platform, services, and database at any time without stating reasons with a notice period of one month to the end of a month.
- The right to terminate the user agreement immediately without observing a notice period due to an important reason remains unaffected.
- With the closure of the customer account by the user, the stored user data will be promptly deleted. Excluded from this are user data that SecondSol is obligated to keep even after termination of the contract due to legal regulations (e.g., tax and/or commercial retention obligations).
- With the expiration of the contract period, the services of the booked additional services are no longer available. Content uploaded by the user, especially ongoing offers, will be deleted without further consultation upon the expiration of the additional services contract.
- If SecondSol provides a termination option for registered users in the user account, the user is also allowed to terminate the contract using this form. Terminations in written form (by email) are not permitted unless otherwise specified in the respective contract conditions.
Changes to these Terms and Conditions
Data Protection
Users can view the privacy policy Informativa sulla privacy here. There, users will find all information about the collection, processing, and use of personal data in connection with the use of the SecondSol platform and services.
Final Provisions
- For the purpose of contract fulfillment, SecondSol and its subsidiary companies may utilize third parties.
- SecondSol is entitled to transfer its rights and obligations from this contractual relationship, in whole or in part, to a third party with a notice period of four weeks.
- Contracts between SecondSol and the user (Platform Usage Agreement, Services Agreement, Database Agreement) shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
- The exclusive place of jurisdiction and performance is Meiningen, provided that the user is a merchant or a legal entity under public law or a public-law special fund. The same applies if the user has no general place of jurisdiction in Germany or the EU or if the user's domicile or habitual residence is not known at the time the lawsuit is filed.
- If individual provisions of these terms and conditions are invalid, this shall not affect the validity of the remaining provisions. Invalid provisions shall be replaced by those that come closest to the intended meaning of the invalid provision. This also applies in the event of any regulatory gaps.
