Terms of Use for Consumers
The operator of the internet portal SecondSol.com, including any mobile applications (hereinafter referred to as the "Platform"), as well as the database (hereinafter "Database"), is:
SecondSol GmbH
Frank Fiedler - Managing Director
Stefan Wippich - Managing Director
Märzenquelle 6
98617 Meiningen
Germany
Phone: +49 (0)3693 88 60 481
Fax: +49 3693 88 56 070
Email: info@secondsol.de
(hereinafter "SecondSol")
SecondSol operates websites, services, and mobile applications related to the topics of Photovoltaics - Solar Thermal - Electromobility - Renewable Energy Systems and provides the following services, among others:
- Marketplace for new and used products and systems
- Marketplace for services
- Business directory
- Job advertisements
- Event overview
- Editorial content on the topics mentioned above
(hereinafter "Services")
- Scope
1.1 These general terms and conditions (hereinafter "AGB") apply to all legal relationships arising between SecondSol and the user as a consumer according to § 13 BGB (hereinafter "User") in connection with the use of the platform, services, and database.
1.2 For the purpose of readability, the term "User" is used in a gender-neutral manner, without reference to the female or diverse form.
1.3 SecondSol is not involved in the relationship between users as a party or representative of a party. Contracts between users are concluded and fulfilled without the involvement of SecondSol.
- Services of SecondSol
2.1 The platform at www.Secondsol.com serves as a platform for bringing together providers and demanders in the fields of photovoltaics, solar thermal, electromobility, and renewable energy systems. The platform allows users to access information on the aforementioned topics, post their own content and offers, and/or access content posted by 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
- Event overview
- Editorial content on the topics
2.2 The availability of certain services is dependent on the user's registration, and such services are accessible to users only when logged in. Active participation as a provider or demander (e.g., posting advertisements and inquiries, setting up searches, etc.), using the comment function, and full access to the marketplace are only available to registered users.
2.3 The continuous and uninterrupted availability of the platform, services, and database, as well as the accessibility of servers, is technically not feasible. The user is aware of this. 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 lead to temporary unavailability of the platform and database services.
2.4 SecondSol is entitled to further develop the design and functionality of the platform, database, and services, including functionalities and content, in line with the state of the art and market practices, taking into account the legitimate interests of users.
- Registration
3.1 The use of certain services on the platform requires registration.
3.2 Registration is only allowed for users who are of legal age and fully capable of conducting business, and it requires the following mandatory information:
- Email address
- User-chosen personal password
- First name and last name
- Postal code, city, country
3.3 The provided data must be truthful, complete, and accurate, and the email address should be kept up to date at all times.
3.4 After successful registration, SecondSol creates a user account for the user. Access to the user account requires entering the email address and password provided during registration. The password can be changed at any time in the password-protected user area.
3.5 The access data must be kept confidential, secured 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.
3.6 SecondSol does not verify the information and identity of users. Therefore, it is not possible to confirm with certainty whether a registered user is actually the natural person claimed during registration. SecondSol reserves the right to request proof of the information provided during registration or later.
3.7 SecondSol reserves the right to reject users without providing reasons. In such cases, the transmitted data will be deleted promptly.
3.8 Each user is allowed to register only once. Simultaneous registration of multiple user accounts is not allowed. Circumventing this rule, especially by using different data, is not permitted. The user account is non-transferable.
- Conclusion of Contract
4.1 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 conclude a contract. Upon receiving the activation link, a usage contract for the use of the platform and services is concluded.
4.2 By submitting content intended for inclusion in the database, the user makes an offer to enter into a contract for the time-limited inclusion and provision of the content in the SecondSol database. Upon inclusion of the content in the database, SecondSol accepts the offer.
- User Obligations | Data Backup
5.1 Compliance with these Terms and Conditions ensures the functionality of the platform and database. Therefore, users are prohibited from taking any actions that may endanger the operation of the platform and database or excessively harass other users. This includes all measures that go beyond the intended use of the platform and database and/or are likely to impair the technical functions of the platform and database.
5.2 Users undertake to only post reputable and genuine offers on the platform, to carefully and truthfully compile the provided information about the offer, particularly regarding the description of the goods, availability, and delivery times, and to update any changes promptly. Offers must be promptly deactivated if the availability of the offered goods cannot be ensured or within reasonable timeframes. Advertisements that violate legal regulations, good morals, and/or the rights of third parties are considered non-serious offers.
5.3 The user is obligated to:
- Verify the accuracy of the data posted by them and displayed on the platform through at least one search query.
- Transmit only data that has been checked for viruses or similar harmful programs that may impair the technical functions of the platform and database before transmission.
- For the purpose of evidence preservation, bookkeeping, or other purposes, backup and archive all data stored by SecondSol in connection with the use of the platform and database outside the user account, so that users can access this data independently of access to the user account and the database.
5.4 Upon reporting a problem with the use of the platform, services, or database, the user agrees to actively cooperate in resolving the issue, particularly by providing the necessary information for correction and performing any required actions.
- Advertisement and Communication Content
6.1 The user is responsible for the content (texts, images) posted by them and the communication with other users.
6.2 The user ensures that the content posted by them and their communication do not infringe upon the rights of third parties (e.g., copyrights, trademarks, personal rights, rights to one's own image) or violate legal prohibitions or good morals. SecondSol is not obligated to review the content posted by the user and their communication.
6.3 The user is obliged to promptly correct or delete content that violates the rights of third parties, legal prohibitions, or good morals. Changes are to be made in the user account.
- Sanctions
7.1 Failure to comply with the obligations mentioned in clauses 5, 6, 8.3, and 11 entitles SecondSol, irrespective of possible civil and criminal consequences for the affected user, to immediately deactivate corresponding offers.
7.2 If the user continues to violate the obligations stated in clauses 5, 6, and 8 despite receiving appropriate warnings from SecondSol, SecondSol is entitled to remove the affected data, delete the offer, terminate the user contract with the respective provider without notice for good cause, and/or immediately block access to the database system.
7.3 In the event of claims by third parties according to clause 11, SecondSol is authorized to reject content and communication or to promptly remove or deactivate them without prior consultation with the user.
7.4 SecondSol reserves the right to assert further rights.
7.5 Depending on the circumstances of each individual case, SecondSol will inform law enforcement and/or data protection authorities or the relevant supervisory and regulatory authorities about the respective incident.
- Usage Rights for User Content - Database
8.1 By submitting content to the database, the user grants SecondSol the right to use this content free of charge and indefinitely for the necessary purposes of operating the platform and services, as well as for the inclusion and provision in the database and access by third parties. This includes the right to store, reproduce, edit, modify, maintain, transmit, transfer, license, publish, and make the content publicly accessible, especially through or as part of advertising measures (online banners, newsletters, other advertising materials). Furthermore, the user agrees to the use of the content submitted to the database, while complying with data protection regulations, for the analysis and further development of the platform and services.
8.2 The rights to the database, the database work, and the content submitted by the user exclusively belong to SecondSol. Any rights of the user to the content they have submitted remain unaffected.
8.3 The user's rights are limited to using the search options provided on the platform to view individual records on an end device and, if this function has not been deactivated by SecondSol, to produce a printout. Database queries, especially automated queries, are not permitted, including:
- Bypassing the search options provided on the platform using scripts, bots, crawlers, search software, or similar measures.
- Using queried data to build one's own databases and/or for commercial data utilization or disclosure and/or for any 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
9.1 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 Telemedia Act (TMG). Therefore, the legal responsibility for these contents lies with the person who submitted the content to the database.
9.2 Users submit advertisements without SecondSol verifying their legality, accuracy, and completeness. SecondSol does not provide any guarantee for the accuracy and completeness of the information submitted by users and/or for the quality, compliance with safety standards, and/or legal requirements (e.g. product approval for the EU, EC certification) of the goods or services offered by users, as well as for the identity and integrity of the users.
- Liability
10.1 SecondSol does not assume liability for the constant availability of the online services and the accessibility of the servers. SecondSol is also not liable for performance disruptions on the internet, force majeure events, disruptions of industrial peace, operational interruptions, or system failures.
10.2 SecondSol, its subcontractors, or their vicarious agents shall be liable to users for damages arising from the use of the platform and services as follows:
Unlimited 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 essential contractual obligations. Essential contractual obligations are contractual obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the user may rely;
- for other damages resulting from intentional or grossly negligent breaches of duty.
Limited Liability:
- for other damages caused culpably by SecondSol, its subcontractors, or their vicarious agents, up to the amount that is typically foreseeable for the contract.
10.3 Any further liability of SecondSol is excluded, except for claims under the Product Liability Act.
10.4 SecondSol shall be liable for data loss and the costs of useless data entry only to the extent that such loss could not have been avoided even if the user had regularly backed up the data in the latest editable format.
10.5 Any contributory negligence on the part of the user must be taken into account in any case.
10.6 SecondSol is not liable for breaches of duty between users as contracting parties.
10.7 The above provisions also apply to the limitation of compensation claims for futile expenses and in favor of SecondSol's employees, representatives, and vicarious agents.
- Exemption
If SecondSol is claimed against by other users or third parties in connection with this agreement due to the user's content and/or communication with users or third parties (including any ratings provided by the user) on the platform, the user shall indemnify SecondSol from all claims that other users or third parties assert against SecondSol. The user shall provide full support to SecondSol in its legal defense, to which SecondSol is entitled but not obligated. The user shall bear all costs of necessary legal defense incurred by SecondSol, including all court and attorney's fees, even beyond the statutory fees under the Attorney Remuneration Act, for example, under a fee agreement. In the event of a claim by third parties against SecondSol based on the user's content or communication, the user is obliged to promptly, truthfully, and completely provide SecondSol with all information necessary for the examination of the claims and for defense.
- Changes to Terms and Conditions
12.1 SecondSol reserves the right to make changes to these terms and conditions for consumers at any time with a reasonable notice period of at least six weeks. Changes will be announced to the user on a durable medium (e.g., email) stating the effective date of the changes.
12.2 If the user does not object within six weeks after receiving the notification, the modified terms and conditions shall be deemed accepted. In the announcement of the changes, SecondSol will separately highlight the significance of the objection period.
12.3 If the user objects to the changes within the specified period, SecondSol is entitled to terminate the existing contract with the user at the time the changes become effective, while respecting the user's legitimate interests. Corresponding user content will then be deleted from the database.
- Termination of Usage Agreement | Deletion of Customer Account
13.1 The user may terminate the contractual relationship at any time and close the customer account in the user area here Delete account.
13.2 SecondSol may terminate the usage agreement at any time without giving reasons with a notice period of one month to the end of a month. The right to terminate the usage agreement without notice for an important reason remains unaffected. An important reason for extraordinary termination exists when the continuation of the contractual relationship until the end of the notice period is not reasonable for the terminating party, taking into account all circumstances of the individual case and weighing the interests of both parties.
13.3 Upon 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 retain even after termination of the contractual relationship due to legal regulations (e.g., tax and/or commercial retention obligations).
13.4 Upon the effective date of termination, the functions associated with the user account will no longer be available. User-submitted content will be deleted upon the effective date of termination.
- Data Privacy
Users can view the privacy policy Privacy Policy here. There, users will find all the information regarding the collection, processing, and use of personal data in connection with the use of the SecondSol platform and services.
- Final Provisions
15.1 For the purpose of contract fulfillment, SecondSol may utilize third parties.
15.2 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.
15.3 The contract (e.g., usage contract for the platform, services, database) is governed by the laws of the Federal Republic of Germany. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. For users residing in the EU, the mandatory provisions of consumer protection law of the respective member state in which the users have their residence apply.
15.4 For users who have their permanent residence in a non-EU country or whose habitual residence is not known at the time the lawsuit is filed, Meiningen or the courts locally competent for Meiningen are agreed as the place of jurisdiction.
15.5 If individual provisions of these terms and conditions are invalid, this shall not affect the validity of the remaining provisions. In such cases, the ineffective provisions shall be replaced by provisions that come closest to the intended meaning of the invalid provision. This also applies in the event of any regulatory gaps.
- Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR) outside of court, which can be accessed at https://ec.europa.eu/consumers/odr/. In accordance with § 36 VSBG, SecondSol informs users that it is not obligated to participate in a dispute resolution procedure before a consumer arbitration board and does not participate in such consumer arbitration.