Marketplace Terms and Conditions of Use
1. Subject matter of the marketplace contract
2. Marketplace registration
3. Principles of the marketplace use | Content of the services
4. Sanctions | Blocking | Termination
5. Fee-based services | Conclusion of the contract
6. Term | Cancellation
7. Fees | Prices
8. Rating system
1. Subject matter of the marketplace contract
1.1. SecondSol provides private and commercial users with a market place for all services related to
photovoltaics – solar thermal energy – electromobility – renewable energy systems
for example trade and services, personnel recruiting with the goal of bringing together suppliers and interested parties.
1.2. Contracts between users are concluded exclusively and directly between the respective users and are fulfilled and processed outside the SecondSol marketplace. The marketplace is merely the contact mediator.
1.3. SecondSol also uses websites and platforms of third parties or classic advertising media such as newsletter dispatch (hereinafter referred to as "distribution channels") to increase the reach of the listings placed by users, for example by advertising listings using distribution channels and listing them on platforms of third parties. This can be done by integrating the listings or parts thereof into distribution channels or other advertising media such as newsletters, print, radio and television advertising. As far as a data transfer or provision of data to third parties is necessary to increase the range of coverage, SecondSol can make the contents of published listings available to third parties. The user allows SecondSol the aforementioned use of his listings and published data for the purpose of advertising and as far as foreign language distribution channels are used, also for translation.
1.4. The offers and contents published by members on the marketplace are not checked by SecondSol for their legality, correctness and completeness.
Users must verify the identity of the contracting party and its performance capability before the contract is processed. Since, despite several security measures, only a limited and random check of member accounts is possible, it cannot be guaranteed that members have not entered false contact data or product data.
1.5. SecondSol reserves the right to determine requirements with regard to the use and functions of the SecondSol marketplace such as the verification of registration data, proof of payment, ratings and/or other functions.
1.6. SecondSol reserves the right for measures that delay or hinder the posting or publishing of products and services on the marketplace for security reasons.
1.7. Users have no claim to a specific design, features, specific functions, services or areas on the marketplace. There is only a claim within the framework of the current state of technology.
1.8. SecondSol can suspend its services temporarily or permanently if this is necessary with regard to capacity limits, security, the integrity of the servers or to carry out technical measures (maintenance work).
1.9. SecondSol can also temporarily suspend the services with regard to maintenance work and the associated proper or improved provision of the service. In the case of temporary, permanent or temporary discontinuation of the service, SecondSol takes into account the legitimate interests of the members, e.g. by providing advance information. The limitation of liability of the terms and conditions remains unaffected by the aforementioned regulation.
2. Marketplace registration
2.1. Full use of the marketplace is only possible after registration.
2.2. To use the service, the user must provide the following information in the registration process:
- First name, last name
- Address including country
- Complete address (street, postcode, town, country)
- Phone number
- E-mail address
For commercial users, the following additional information must be provided during the registration process:
- Company
- Authorised representative
- Tax number
- VAT ID
3. Principles of the marketplace use | Content of the services
3.1. The listing must clearly indicate whether the user participates in the marketplace as a private person or acts as a commercial or self-employed provider.
3.2. Users who use the marketplace as a commercial provider or in the exercise of business activities, are obliged to comply with the statutory, in particular consumer protection, regulations. This includes, among other things, the fulfilment of all information obligations as well as a complete provider identification in accordance with the legal requirements. Insofar as legally prescribed consumer protection information and statutory rights of revocation or return exist, commercial users who offer goods to consumers are obliged to inform and instruct users who are consumers about these rights.
3.3. Users must ensure that offers and content, including advertising, do not violate the rights of third parties or legal regulations, such as
- violations of copyright, trademark and competition laws and third party rights,
- violations of regulations for the protection of minors,
- provision of untrue and misleading content.
3.4. The registration of multiple user accounts for the same natural person, legal entity or majority of persons is prohibited according to 2.7 of the General Terms and Conditions of Use.
3.5. The use of several user accounts or the interaction of several users to manipulate the marketplace, in particular the manipulation of supply and demand and prices in general or in relation to own or third-party offers is also prohibited.
3.6. The manipulation of the search function of the marketplace, e.g. by misuse of trademarks and search terms, clause 5.3, is prohibited.
3.7. Offers (products and services) are to be described completely and truthfully with words and/or pictures and/or data in the correct category so that the user acquires knowledge of all properties and characteristics essential for his purchase decision. Errors such as functional impairments, which are of value, must be truthfully stated.
3.8. The item description must refer exclusively to the products and services offered. Before the use of e.g. guarantee labels, seals of approval or other third party labels the authorisation of SecondSol must be obtained.
3.9. Users must ensure that information about the transactions conducted via the marketplace (information visible and stored in the user account) is saved e.g. for the legally prescribed retention periods e.g. for the preservation of evidence and accounting independently of the SecondSol marketplace.
3.10. The use of the SecondSol online services is exclusively permitted to the user. The passing on to third parties, e.g. related companies, is prohibited. As far as the use is to be extended to third parties, the consent of SecondSol must be obtained.
4. Sanctions | Blocking | Termination
4.1. SecondSol is entitled to sanction violations of the general terms and conditions of use as well as these marketplace terms and conditions of use in accordance with clause 4 of the general terms and conditions of use.
4.2. SecondSol will consider the legitimate interests of the affected user when selecting the appropriate sanction with respect to the marketplace. The following measures and sanctions will be considered by SecondSol depending on the severity of the misconduct:
- warning of a user (mildest means),
- partial and complete deletion of offers or other contents of a user,
- limitation/restriction of the use of the SecondSol marketplace or individual functions,
- temporary blocking of the user,
- permanent blocking of the user, i.e. extraordinary termination of the user contract if there is an important reason for which a continuation of the contractual relationship with the user is unreasonable for SecondSol.
A good cause exists in particular if
- SecondSol receives knowledge of fraud accusations against the user through various information files,
- the user violates the rights of third parties,
- the user has provided inadmissible, wrong or invalid data in the context of the registration or has not updated it,
- the user has received negative ratings from other users in the rating system on the marketplace and the blocking serves to protect other users,
- the member damages SecondSol or other users to a considerable degree, especially in the case of abuse of the services offered.
4.3. If a user has been blocked, they are prohibited from further use of the marketplace, the community and from re-registering or using third-party access. There is no claim to the restoration of user data.
5. Fee-based services | Conclusion of the contract
5.1. The use of the marketplace is free of charge for users who are not acting in a commercial or self-employed professional capacity.
5.2. SecondSol reserves the right to offer certain services to users who participate in the marketplace in a commercial or self-employed professional capacity against payment. The user has the option of booking service packages (hereafter "paid services") with special or individual services. Services, packages, and contract periods can be viewed in the price list.
5.3. With the selection of the desired fee-based service, the filling out of the order form, the confirmation of knowledge of the underlying General Terms and Conditions of Use / Marketplace Terms and Conditions of Use and activation of the order button, the user submits a binding offer to SecondSol to conclude a contract for the selected services and packages.
5.4. The ordering process can be cancelled or the details corrected at any time.
5.5. SecondSol can accept the offer by the complete payment processing and acceptance of the contract fee, an order confirmation or by activating the services that are subject to costs. With acceptance of the offer by SecondSol the contract is concluded. With the confirmation of the order the user receives the conditions underlying the contract.
5.6. In the user area, the booked fee-based services can be viewed by users. The contract text is not stored separately.
5.7. After the activation of the booked fee-based services, it is possible that the booked functionalities are not immediately available for technical reasons.
6. Term | Cancellation
6.1. The minimum term of the contract depends on the fee-based service booked by the user. Unless otherwise agreed, the term of contracts for fee-based services is one year. Contracts for fee-based services are automatically extended by the respective term of the initial contract if they are not cancelled before the end of the term with a notice period of 6 weeks to the end of the 12-month contract period.
6.2. The cancellation must be made in the user area or through the contact form, a letter, fax or e-mail to info@secondsol.de. In the case of a cancellation outside the user area, the full name/company name, customer number and the e-mail used for registration must be provided for the authentication of the user. The cancellation is only effective if SecondSol is able to assign the user to a user account/contractual partner based on the information provided.
6.3. After cancellation of the fee-based services and the expiry of the contract term, use of the fee-based services will no longer be possible. The user is responsible for the timely backup of the data.
7. Fees | Prices
7.1. The amount of the individual fees for fee-based services is based on the price list (link) valid at the time the contract is concluded.
7.2. The contractual fees are due for payment immediately and in advance for the contractual period of one year and can be settled via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A. For the first order, the user will be forwarded directly to the payment service provider. The terms of use of the payment service provider apply to the handling of the payment process.
7.3. SecondSol can charge users a lump sum for expenses if SecondSol deletes offers or contents, excludes SecondSol members due to violations of the terms and conditions, re-activates SecondSol blocked member accounts or costs for payments not redeemed (e.g. return debit note) arise. The expense lump sums are valid as long as the user is responsible for the violation. Unless the user can prove that no damage at all or a considerably lower amount of damage has occurred. The amount of the lump sum for expenses can be found in the price list.
7.4. SecondSol can change the fees at any time. Members will be informed of changes in fees in due time before they come into effect on the SecondSol marketplace.
8. Rating system
8.1. Users can submit a rating of the other party after a completed transaction. SecondSol will not review the ratings. User ratings may therefore be inaccurate or misleading. Users are obligated to make ratings exclusively factual and truthful, as well as to comply with the applicable legal regulations. Ratings that are contrary to the goal of the rating system can lead to the complete or partial deletion of the rating, the blocking of the user and/or other appropriate measures.
8.2. The user agrees that ratings of other users on transactions carried out will be made publicly available to buyers and sellers in order to ensure the most reliable processing possible. Users are free to make truthful statements about other users with regard to their behaviour in completed transactions on the marketplace.
8.3. SecondSol does not claim the ratings as its own, is not obligated to check the ratings, and is not responsible for the content.
8.4. Users who try to post untrue, insulting, anti-competitive, punishable or otherwise illegal content about third parties, especially about other users, can be excluded immediately.
