Terms of service

General Terms and Conditions of 2nd home GmbH

Last updated: 26.09.2026

1. General

1.1 Company / Provider

2nd home GmbH, represented by its managing director Michael Munder, Ravensberger Str. 20, 33602 Bielefeld, registered in the commercial register (Handelsregister) of the Local Court of Bielefeld under HRB 46597 B (hereinafter also “2nd home” or “we”), operates under the name “2nd home” a German-language website and technology-based online platform for the sale and brokering of furniture and other home furnishings (hereinafter collectively the “2nd home Platform”).

1.2 Scope of these Terms & Conditions

These General Terms and Conditions (T&C) govern the conditions under which you (hereinafter also “user”, “you” or “seller”/“buyer”) may use the 2nd home Platform. Terms and conditions deviating from these T&C shall not apply unless they have been confirmed by 2nd home in writing.

1.3 2nd home's Role as Intermediary

2nd home is exclusively an intermediary service and not the owner of the products. Each user acts for and in their own name. 2nd home is not a party to the purchase contract between the buyer and the seller.

1.4 Eligible Users

Our offer is directed exclusively at consumers (Verbraucher) and businesses (Unternehmer) of full legal age within the meaning of Sections 13 and 14 German Civil Code (BGB).

1.5 Right of Withdrawal for Consumers

If you use the 2nd home Platform as a consumer and conclude contracts for paid services with 2nd home, you have a statutory right of withdrawal. You will find the details below.

1.6 Withdrawal Instruction

1.6.1 Right of Withdrawal

If you are a consumer, you have the right to withdraw from this contract within fourteen days without giving any reason.

In the case of contracts for services, the withdrawal period will expire after fourteen days from the day of the conclusion of the contract.

To exercise the right of withdrawal, you must inform us (2nd home GmbH, Ravensberger Str. 20, 33602 Bielefeld, Germany, telephone number: 015168537662, email: support@2nd-home.io) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or an email). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

1.6.2 Effects of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.

1.6.3 Special Notice

Your right of withdrawal expires prematurely if we have fully performed the service owed and only began performing the service after you gave your express consent to this and at the same time acknowledged that you will lose your right of withdrawal once we have fully performed the contract.

1.6.4 Model Withdrawal Form

(Complete and return this form only if you wish to withdraw from the contract.)

To: 2nd home GmbH, Ravensberger Str. 20, 33602 Bielefeld, Germany, email: support@2nd-home.io
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*) / for the provision of the following service (*)
Ordered on (*) / received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is notified on paper)
Date

(*) Delete as appropriate.

2. Description of Services

2.1 Intermediary Service

2nd home is an intermediary service. With the 2nd home Platform, we provide an online service through which the user can create and publish offers of (used) furniture and other home furnishings of all kinds consisting of texts and photos (hereinafter “listings”) and, as an interested party, view listings published by other users.

2.2 Purpose of the Platform; Commission

Our 2nd home Platform serves to publish listings and to bring together providers of and parties interested in the listed items. We ourselves are not the provider of the items advertised in the respective listings. For the successful brokering of the purchase contract between buyer and seller, we charge a commission (see Clause 7).

2.3 Activity Indicators

As part of the display of listings and on a user's overview page, we also display additional information about the user (e.g. information on the response rate and/or average response time to enquiries about published listings; so-called “activity indicators”).

2.4 Following / Saved Searches

We make it possible to follow other users or listings and to save search requests.

2.5 Search Results & Ranking

Search results are automatically sorted by 2nd home according to “recency” and “relevance”. The results include products, collections, pages, blog articles and other relevant content. Various parameters may influence the ranking:

relevance of the search (including the wording of the search),
newest items / date of upload,
bestselling items and items with a high frequency of visits within a short time,
data on the buyer's previous usage behaviour (e.g. price range, brands of the offers) in anonymised form.

The purpose of this ranking is to give the user the best possible search experience. Based on the aforementioned parameters, the offers presented higher up in the ranking are intended to match the users' search expectations to the greatest possible extent.

Using the filter options in the catalogue or on the product listing pages, users can choose to have the offers sorted by price or date. If users decide to have the offers sorted by price or date, the search results are aligned with the preferences specified in the user's profile.

2.6 Availability / Technical Limitations

We always endeavour to ensure the proper operation of the 2nd home Platform and of the services offered. However, we assume no responsibility or liability whatsoever for the uninterrupted usability of our website and 2nd home Platform or of any other functions, in particular not for technically caused delays, interruptions and outages. You shall have no claims whatsoever arising from this.

3. Changes to these T&C

If we propose changes to these T&C, we will publish the revised T&C on the 2nd home Platform and adjust the date under “Last updated” at the beginning of these T&C. In addition, we will inform you of the proposed changes by email at least thirty (30) days before the date on which the new T&C take effect.

If the proposed changes to these T&C are material, we will ask you to expressly consent to the revised T&C.

In the case of (i) non-material changes to these T&C that do not affect essential provisions, in particular provisions defining the nature and scope of the services provided by 2nd home, or (ii) changes required by law, a final and binding court decision or a binding order of a competent authority, your continued use of the 2nd home Platform after the effective date of the planned changes shall be deemed consent to the revised T&C.

In this case, we will also inform you in the email of your right to reject the proposed changes, of the time frame within which you can do so, and of your right to terminate this agreement free of charge at any time before the effective date of the proposed changes in accordance with these T&C.

4. Registration & Use

4.1 Registration

In order to offer, acquire or sell items on the 2nd home Platform, you must sign up and create a user account. Registration requires that the user is a natural person, a legal entity or a partnership.

By registering, you undertake to provide correct, current and complete information and to keep it up to date. During the registration process, you will be asked to provide an email address, a mobile phone number, a username (a pseudonym for using the platform) and a password (directly in the registration form or, if you wish, by sharing your Facebook, Google or Apple ID profile) so that we can identify you each time you access the platform. For business sellers, we additionally require the business name and the registered company name (Firmierung) as well as the name of the contact person and a telephone number.

By submitting the registration form, you make an offer to conclude a user agreement with 2nd home, by which you accept the application of these T&C and confirm that you have taken note of the data protection information. If we accept the registration, you will receive a confirmation email with a personalised link. Upon receipt of the confirmation email, a contract on the use of the 2nd home Platform (hereinafter “User Agreement”) is concluded between 2nd home and the user. To complete the registration, you must open the link provided in the confirmation email and verify your email address. There is no entitlement to the conclusion of a User Agreement.

4.2 Use

After successful registration, a user account will be created for you, which you can access with your email address and the password you chose during registration. You can change the password at any time via the password-protected user area. You are obliged to keep the password secret and to store it protected against access by unauthorised third parties. If you discover or suspect that your access data are being used by a third party without authorisation, you must notify us of this without undue delay and change your password without undue delay.

Each user may register with us only once each for private use and for commercial or freelance use (“business users”) of the 2nd home Platform. User accounts are not transferable.

Please note that business users are obliged to state whether they are businesses (Unternehmer) within the meaning of Section 14 German Civil Code (BGB). As a business, you are legally obliged to comply with the statutory information obligations and, in particular, to provide complete provider identification (Anbieterkennzeichnung) that meets the legal requirements. You yourself are responsible for compliance with all legal requirements (for example: provisions of consumer goods sales law, the Price Indication Ordinance (PAngV), provisions of the Act Against Unfair Competition (UWG), etc.).

We use your data for the purposes stated in the privacy notice and in the manner described there. In order to protect your user account, to ensure the safety of other users and to check whether the data you have provided are accurate and complete, we may verify the information contained therein at the time of registration and occasionally thereafter, or ask you to answer certain questions, to provide information, to correct false or incomplete information or to carry out verification processes. This is intended to ensure that only you access your user account and/or carry out transactions from it. The security procedures are appropriate and proportionate with regard to the security objectives pursued. As part of the security procedures, we may verify the user's telephone number, email address, credit card, debit card or other payment method, or bank account. In the event of incomplete or incorrect information and/or lack of cooperation by the user concerned, we may terminate the agreement or suspend the provision of the services until this situation has been remedied.

4.3 Product / Feature Tests

In order to improve the user experience, we reserve the right to test new or modified functions and features limited to certain user groups, insofar as this is reasonable for users, taking into account the legitimate interests of 2nd home. This may result in different displays for different users.

5. Listing Items on the 2nd home Platform

5.1 Creating and Publishing Listings

After successful registration, you can create and publish your own listings on our 2nd home Platform free of charge.

5.2 Content Requirements and Permitted Items

The following content requirements apply in detail:

The item must be assigned to an appropriate category (e.g. Decor & Lifestyle, Furniture, Garden).
Your offer must be truthful and describe all relevant features and characteristics in words and with meaningful photos. We may offer support with this (e.g. category suggestions based on the title you have chosen). You are responsible for carefully checking all entries and for using only correct information in your listing.
You are further obliged to state whether you are publishing the listing privately or in the exercise of a commercial or self-employed professional activity.
The seller must be entitled to transfer ownership of the item.
The seller may not offer for resale items with a low resale value that have been purchased in large quantities or sold by way of drop shipping (Streckengeschäft).
The sale, use or possession of the item must not infringe any third-party rights (including intellectual property rights) and must not violate any local, national or international laws or regulations.
The item must not be counterfeit.
The item must meet all customary market requirements, unless otherwise agreed between buyer and seller.

Prohibited content:

content that violates copyright, trademark or competition law provisions or statutory provisions on the protection of minors,
otherwise unlawful content,
untrue or misleading statements.

Users who use our 2nd home Platform as commercial providers or otherwise in a business capacity are subject to special statutory regulations. Among other things, you are obliged to comply with the statutory information obligations and, in particular, to provide complete provider identification that meets the legal requirements. You yourself are responsible for compliance with the statutory requirements.

5.3 Uploading an Offer

To offer an item, the seller must fill in a form in which the appropriate category (e.g. chair, sofa, wardrobe, chest of drawers, etc.) must be specified and at least one good-quality photo must be uploaded (several photos, depending on the item). Sellers may not use photos from the internet and/or photos of a similar item. The item description and the photos must reflect the actual quality and the external appearance of the item as well as all faults, defects or modifications affecting the item. Upon activation of your offer (listing) on the 2nd home Platform, a brokerage agreement is concluded with 2nd home. You will be notified of the successful activation of your item by email. Please note that activation may take a few hours.

5.4 Offer for Purchase

When the seller's offer is published, the publication constitutes an invitation to submit an offer; the purchase contract is concluded in accordance with Clause 6.1.

5.5 Changing an Offer

The seller may, in prior consultation with 2nd home, withdraw the offer or adjust the price before a buyer has accepted the offer and a contract has been concluded between seller and buyer. These adjustments can be made in the seller's profile. Changes may lead to a renewed review by 2nd home. As a rule, the change is made within 48 hours and is then visible to buyers.

5.6 Cursory Review by Us

We may check items as to whether they fit into our product range and verify them. We reserve the right not to list items that do not fit into our product range. The seller cannot exclude the possibility of item verification. Should our experts discover a breach of the provisions of these T&C during item verification (e.g. prohibited items), this may lead to the rejection of the item.

5.7 Pricing

The seller sets the price for the item. We are happy to advise you or to support you in determining the price.

6. Purchasing Items on Our Platform

6.1 Formation of the Purchase Contract

Buyers can acquire items on the 2nd home Platform by clicking the “Pay now” button. By completing the ordering process, the buyer submits a binding offer to conclude a purchase contract for the selected item.

However, the purchase contract is only concluded once the seller confirms the offer by shipping confirmation or express acceptance.

6.2 Contract Between Buyer & Seller

When the buyer completes the checkout process, they submit a binding offer to conclude a purchase contract.

The contract is based on

(i) the description and the photos of the item,

(ii) the stated price,

(iii) any other agreements made between the buyer and the seller, such as condition and warranty, and

(iv) the relevant provisions contained in these T&C.

The buyer is obliged to pay for the ordered item, and the seller is obliged to transfer ownership of the ordered item.

It is clarified once again that 2nd home is not a party to this contract.

Unavailability of Items

Since items may also be offered via other sales channels of the seller, it is possible that an item is no longer available after the order has been completed.

In this case, the seller is obliged to inform 2nd home and the buyer without undue delay. In this case, the order will be cancelled and any payments already made will be refunded to the buyer without undue delay.

Any further claims against 2nd home are excluded.

If the seller acts as a business and the buyer is a consumer, the mandatory consumer protection provisions of the country in which the buyer has their habitual residence shall additionally apply, insofar as these offer the buyer more extensive protection than German law.

If, on the other hand, the seller acts as a consumer (private provider), the special consumer protection provisions for contracts between businesses and consumers do not apply.

6.3 Legal Guarantee (Liability for Defects)

(1) Claims based on defects of an item are directed exclusively against the seller. 2nd home is not a party to the purchase contract (Clauses 1.3 and 6.2).

(2) If a consumer buys from a business seller (business (Unternehmer) within the meaning of Section 14 German Civil Code (BGB)), the statutory rights in respect of defects apply. The limitation period for claims based on defects is two years for new items and one year for used items, in each case from delivery. Whether an item is new or used is stated on the product page. The shortened period for used items is specifically pointed out before the order is placed.

(3) If the buyer is a business, the limitation period for claims based on defects is one year from delivery, also for new items.

(4) If a buyer buys from a private seller (consumer), the legal guarantee is excluded to the extent permitted by law.

(5) The reductions under paragraphs 2 and 3 and the exclusion under paragraph 4 do not apply to claims for damages due to injury to life, body or health, to claims for damages arising from an intentional or grossly negligent breach of duty by the seller, in the case of fraudulently concealed defects, where a guarantee (Garantie) has been given, or to claims under the Product Liability Act (Produkthaftungsgesetz).

(6) Mandatory consumer protection provisions of the country in which the buyer has their habitual residence remain unaffected, insofar as they offer more extensive protection (Clause 6.2).

(7) You can find the harmonised notice of the European Union on the legal guarantee at www.2nd-home.io/pages/gewaehrleistung.

7. Sales Fees

7.1 Principle

For each successful brokering of a sale via the 2nd home Platform, 2nd home receives a commission in accordance with the following provisions.

7.2 Commission Basis / Due Date

Our commission is calculated on the basis of the net sales price of the respective item (for consumers: the sales price of the respective item). Our commissions are due for payment immediately.

The respective commission is deducted from the purchase price of the item paid by the buyer and retained by 2nd home. This is done by our secure payment service provider. There may be exceptions, for example for business sellers or for the resale of items, for which other fee structures may apply. The respective commission is included in the sales price of the item stated on the 2nd home Platform.

7.3 Standard Commission Rates

Business sellers: 20% plus the applicable statutory VAT. 2nd home issues monthly invoices and informs the seller by email that the respective invoice is available.
Consumer sellers: 30% (including the statutory VAT payable under German law). If you are resident in another EU country, the statutory VAT applicable there is charged instead of the German VAT. 2nd home issues an invoice for the commission after each successful sale and informs the seller by email that the respective invoice is available.

7.4 No Commission if Not Sold; Exceptions

If your item is not sold, you generally do not pay a sales commission.

However, if you circumvent our 2nd home Platform by selling an item outside the 2nd home Platform, or if you offer your contact information to a user in order to sell listed items outside the 2nd home Platform, we will charge a sales commission for having put you in contact with the buyer. In this case, our commission is calculated on the (net) sales price agreed between buyer and seller.

Furthermore, in the event of circumvention of our 2nd home Platform, we have the right to temporarily or permanently block your account, to temporarily or permanently exclude you from our 2nd home Platform and to terminate the User Agreement with you. If you have been permanently excluded from using the 2nd home Platform or the User Agreement with you has been permanently terminated, you may no longer use our 2nd home Platform and other services (including other user accounts, even those created in the name of third parties) and may not register with us again. We also have the right to remove your listings in whole or in part or to delay or refuse the publication of further listings or other content.

7.5 Commission Credits upon Reversal of Transactions

7.5.1 Business Sellers

Withdrawal by the buyer: We refund our commission.
Rescission (Rücktritt) (e.g. due to the buyer's statutory rights in respect of defects): No refund of the commission.
Other credits: Excluded, unless otherwise agreed in the individual case.

7.5.2 Consumer Sellers

Rescission by the buyer due to statutory rights in respect of defects: We refund our commission once the reversal has been successfully completed.
Reversal due to fraudulent misrepresentation (arglistige Täuschung) towards the buyer: We refund our commission.
Other credits: Excluded, unless otherwise agreed in the individual case.

7.6 Changes to the Commission

2nd home reserves the right to adjust the commission (e.g. by introducing a new fee scale). Changes to the commission will be communicated to the user in good time before the change takes effect. A change to the commission does not give rise to any claim to refunds for transactions already completed, even if the commission has changed since then.

8. Payment for an Item

8.1 Payment Methods Offered

On our 2nd home Platform, we offer various payment methods for purchasing items. These are currently: ShopPay, Amazon Pay, Apple Pay, PayPal, Google Pay, card payment (MasterCard, Visa, American Express, Maestro), Sofort, Klarna “Buy now pay later”, Klarna instalment purchase.

The availability of the payment methods is displayed at the time of purchase.

In addition, we use the provider Stripe to manage payments to our sellers (see Clause 8.3).

Please note that the respective payment service providers are responsible for processing the payments. 2nd home assumes no liability for problems arising in connection with the services of the payment service providers.

Even though we enable transactions, we do not become either the buyer or the seller of the ordered items. 2nd home only offers intermediary services and does not itself become a party to the contract concluded between buyer and seller.

By using the payment methods offered on the 2nd home Platform, users agree to the terms of use of the respective payment service providers. It is recommended that you familiarise yourself with these terms before selecting a payment method.

Note on taxation: The Platform Tax Transparency Act (Plattformen-Steuertransparenzgesetz, PStTG) has been in force since 1 January 2023. Under certain circumstances, operators of digital platforms are obliged to report their users' transaction data to the competent tax authorities. 2nd home falls under this Act and is obliged to report. Your data will be reported if, within one year, you sell more than 30 items on our platform or earn more than EUR 2,000.00 from them; this also applies to private sales. This note does not claim to be complete or up to date.

8.2 Integration of Payment Service Providers

2nd home has concluded corresponding contracts with the payment service providers mentioned above in order to integrate and offer their services on our 2nd home Platform. 2nd home itself is not a payment service provider and acts merely as an intermediary between buyers, sellers and the payment service providers.

8.3 Stripe (Escrow Processing / Payouts)

We use Stripe to maintain a special “seller account” in which incoming payments from buyers are managed on a fiduciary basis and in which the sellers' balances are held.

This account is prepared by 2nd home and Stripe as soon as sellers register (provisionally, until the first sale takes place).

The revenue (processed by Shopify Payments using the payment service providers described above) is transferred to the escrow account at Stripe with a clear reference to the respective transaction and the respective seller. This takes place for each sales transaction. The proceeds, less any shipping costs, are managed separately. Stripe holds the balance in trust for each seller and each transaction. Stripe uses an escrow account to which 2nd home has no direct access.

As Stripe offers regulated payment services, Stripe is obliged under financial laws and regulations to carry out a so-called KYC check. On their first sale, sellers are asked to complete an identification as part of a Know Your Customer (KYC) process. For this purpose, sellers receive all necessary information and a link to Stripe's portal by email. Different information is required depending on the type of seller:

Required information for private sellers (examples):

personal bank account details (IBAN as identification),
address,
date of birth,
where applicable, country, nationality and/or identity documents.

Required information for business sellers (examples):

full name of the business owner/company,
industry (e.g. furniture retail),
commercial register number or registration number,
full and registered business address,
IBAN format validation,
IBAN ownership verification document,
where applicable, proof of the company's registration,
information on the beneficial owners (name, nationality, date of birth, address, control/management),
identification document.

Once this process has been completed successfully, the sales proceeds can be paid out.

Payout times:

private sellers: 7 days after shipping;
business sellers: 21 days after shipping of the sold goods, provided that the successful purchase is confirmed by the buyer and (for business sellers) no return has taken place.

After successful verification, the purchase price less the agreed commission on the sales proceeds is paid out by 2nd home to the seller. The payout is made on behalf of 2nd home GmbH from Stripe's account.

By using 2nd home under the terms and conditions set out here, the Stripe Services Agreement and the Stripe Connected Account Agreement are accepted.

8.4 Taxes, Shipping Costs, Currency

All prices must be stated in the user's national currency, including any applicable VAT.

9. Shipping of Items

We ourselves do not provide any shipping services.

The buyer and the seller generally organise the transport of sold items themselves. 2nd home offers assistance, for example by brokering suitable shipping service providers.

During the payment process, we provide information on the available transport options (usually collection by the buyer or shipping).

If sellers allow collection, we indicate this on the product page. If the buyer chooses collection, they receive an email with the seller's contact details in order to arrange a collection appointment.

In the case of shipping, we provide information on the shipping method by which the respective items would be transported. Depending on the item and its size, these are in particular parcel and bulky goods shipping as well as freight forwarding (including 2-person handling).

In some cases, business sellers offer their own shipping and transport solutions. This is indicated on the respective item page of the business seller.

If, when listing an item, the seller chooses to have shipping services brokered by 2nd home, 2nd home organises the booking of the shipping service on behalf of the seller. If the buyer chooses shipping, they pay the shipping costs shown in the payment process. After completion of the payment process, the seller and the buyer receive the necessary information and shipping details (shipping label, tracking, etc.) by email or in the account area. In the case of freight forwarding, the forwarding agent contacts the buyer and the seller a few days before collection or delivery to arrange the exact date.

Shipping times:

Sales by private sellers: Ship smaller items within 5 working days. For larger products, the shipping time is 10 days to 3 weeks after handover to the transport company.
Sales by business sellers: On average approx. 2 weeks; depending on location, 3 days to 6 weeks.

The buyer bears any import duties (e.g. customs fees).

If the buyer refuses acceptance upon delivery, they bear any shipping costs.

10. Removal of Content; User Suspensions & Other Measures

We reserve the right to remove a user's listings or other content in whole or in part or to delay or refuse their publication if there are concrete indications that the listing or content violates these T&C or statutory provisions or that the user has culpably breached contractual obligations. In such a case, we may also warn you and/or temporarily or permanently exclude you from using the 2nd home Platform.

In the event of a temporary or permanent suspension, we will inform the user 30 days before the suspension takes effect and explain the reasons on a durable medium (e.g. email), unless there are urgent reasons to the contrary. This period does not apply if the termination or permanent suspension is based on statutory obligations or an official order, or if we can prove that the user has repeatedly violated these T&C.

We are entitled to use automated software and algorithms to identify items or content and to remove them from the platform without prior notice. The use of such automated software does not imply any guarantee or obligation on our part to monitor or actively search for unlawful acts or content on the platform.

Furthermore, we reserve the right not to publish or to remove listings if there are indications that the listed item may not be freely sold or is otherwise offered unlawfully, or if there are indications of abusive purposes. We may exclude certain products from being listed and remove corresponding listings if these items are typically listed for unfair or abusive purposes.

If a user has been excluded or the User Agreement has been terminated, the user may no longer use our services (including other user accounts, even those created in the name of third parties) and may not register again.

We reserve the right to restrict or discontinue access to the 2nd home Platform in whole or in part and to delay the publication of listings or other content if this is necessary due to capacity constraints, security or integrity concerns regarding the servers, to carry out technical measures, or for the proper or improved provision of the services (maintenance work).

If 2nd home takes any of the aforementioned measures, in particular in the case of restriction, suspension or termination, you have the opportunity to clarify the underlying facts in the internal customer service procedure.

11. Communication & Messaging on the Platform

On our 2nd home Platform, you can contact us via email, WhatsApp chat, Instagram and Facebook Messenger. For more information on the processing of personal data, please see our privacy notice.

It is also possible to communicate via forms, reviews and ratings.

In addition, we offer a callback service.

12. Liability

12.1 Liability of Users

All users are fully liable for all information they publish on our 2nd home Platform and for the items they offer, sell or pass on to other users. Users expressly accept that they are responsible for listing items and for item descriptions, photos, videos and all information and statements towards buyers or other users, as well as for the accuracy of any other information provided (including private messages, reviews and forum posts) (hereinafter collectively “content”).

Users bear sole responsibility for transactions with other users and for any conflicts arising therefrom, unless the disputes result from a breach of 2nd home's obligations under these T&C.

Users are obliged to comply with all applicable laws, rules and regulations when using the 2nd home Platform. This includes in particular refraining from:

infringements of third-party rights,
infringements of intellectual property rights or the listing of counterfeit items,
listing items that violate laws or regulations,
calls for criminal offences, discrimination, hatred or violence on the grounds of ethnic origin, nationality or similar,
sharing inaccurate or confidential information,
spreading defamatory statements,
acts that could endanger minors,
publishing personal data of third parties or violating data protection provisions,
unlawful appropriation of another person's identity,
uploading or sharing unlawful, false or misleading content.

Users are expected to use the 2nd home Platform in compliance with the law.

Indemnification: The user indemnifies 2nd home against all claims asserted against 2nd home by other users or other third parties due to the infringement of their rights by offers and other content posted by the user or due to the user's other use of 2nd home's services. In this respect, the user shall bear the costs of 2nd home's necessary legal defence, including all court and lawyers' fees at the statutory rate. This does not apply if the user is not responsible for the infringement. In the event of a claim by third parties, the user is obliged to provide 2nd home, without undue delay, truthfully and completely, with all information necessary to examine the claims and for a defence.

If you use the 2nd home Platform as a business seller, you are obliged to provide all legally required provider and consumer information (in particular legal notice (Impressum), withdrawal instruction, T&C, information on legal guarantee/consumer rights, VAT information, price information) correctly, completely and up to date. You indemnify 2nd home against all third-party claims (including the costs of warning letters (Abmahnungen) and of authorities) based on incorrect, incomplete or unlawful information, insofar as 2nd home is not responsible for the infringement.

12.2 Liability of 2nd home

2nd home acts exclusively as an intermediary between buyers and sellers and, to the extent permitted by law, assumes no liability for damage or losses incurred by users or third parties, unless these result from a breach of 2nd home's obligations under these T&C. In particular, 2nd home is not liable for: (i) acts or omissions of users, (ii) the accuracy, completeness and lawfulness of content, (iii) the safety, quality or conformity with their description of items sold or bought via the 2nd home Platform, or (iv) problems in connection with transactions.
2nd home assumes no responsibility for content and items created by users. The users themselves bear the responsibility. As a hosting provider, 2nd home has no contractual obligation to review content and items and cannot be held liable for damage or losses relating to such content and items. However, 2nd home will remove unlawful content that has been properly reported in an appropriate manner and take measures against users whose content or items violate applicable law or these T&C.
2nd home is liable in accordance with the statutory provisions in cases of intent and gross negligence. In the case of simple negligence, 2nd home is only liable if a material contractual obligation (wesentliche Vertragspflicht) has been breached. In this case, liability is limited to the foreseeable damage typical for the contract. A material contractual obligation is an obligation whose fulfilment makes the proper performance of a contract possible in the first place and on whose compliance the other party may regularly rely. The above limitations and exclusions of liability also apply in favour of 2nd home's legal representatives, employees and vicarious agents (Erfüllungsgehilfen). They do not apply in the event of injury to life, body and health or to other claims that cannot be waived.
2nd home is not responsible for tax obligations or reporting obligations incurred by users through their activities on the 2nd home Platform. Users are solely responsible for any tax reporting obligations arising from the transactions carried out via the platform.
2nd home takes reasonable steps in accordance with applicable laws to ensure the security of the data provided by users. Nevertheless, unforeseeable events such as cyberattacks may affect the systems. 2nd home is not liable for compromises of user data or software that occur despite reasonable security measures. Users are strongly urged to take their own precautions to protect their data and software, in particular against internet viruses.

13. User Obligations

When using the 2nd home Platform, users are obliged to comply with the obligations set out in these T&C. These include in particular, but are not limited to:

13.1 General Catalogue of Obligations

(1) Registration & User Accounts

provide truthful information when registering;
create only one account (exception: an unauthorised third party gains access; in this case, inform 2nd home, and we may permit an additional account).

(2) Lawfulness & Fairness

not use the platform for unlawful or fraudulent acts or transactions;
not provide misleading or incorrect information;
ensure that price information and other item information are correct.

(3) Information & Content

provide correct, complete and detailed information when selling;
not copy any content or information on the platform that has been uploaded by 2nd home or other users;
not use content for unlawful purposes or publish content that promotes terrorism, racism, discrimination, etc.;
not infringe any intellectual property rights of third parties (trademarks, designs, copyrights).

(4) Images & Media

use only photos for which usage rights exist;
not use photos showing other persons without their consent;
not upload pornographic, violent or otherwise immoral content.

(5) Technical Restrictions

not use external software tools such as bots, scrapers, crawlers or spiders without permission;
not upload programs/files containing viruses or disrupt the operation of the platform;
not engage in data mining or screen scraping;
not disassemble, decompile or reverse engineer the platform;
not adapt, copy, modify, edit, distribute or market content without prior written consent.

(6) Account Security Users must keep their login data and passwords secret and are solely responsible for all actions carried out via their user account. If unauthorised access is suspected, 2nd home must be informed without undue delay.

(7) Up-to-Date Data Outdated or incorrect information (including account information and item details) must be updated without undue delay.

13.2 Provisions under the Digital Services Act (DSA)

13.2.1 Content

While using the service, you will only upload user content that (a) is correct and not confidential; (b) does not violate applicable laws, contractual restrictions or third-party rights and for which you have the permission of any third parties concerned; (c) is free of viruses, adware, spyware, worms or other harmful code. The content must not contain any information that makes another person identifiable or violates the privacy of a user.

In particular, the user content must not contain any of the following elements:

comments or materials that are sexually motivated, explicit or suggestive or that exploit people in a sexual or violent manner;
comments or materials that are violent or degrading towards an ethnic, gender or religious group;
comments or materials that harass another person or advocate their harassment;
comments or materials that promote the illegal use of alcohol, drugs, tobacco or firearms/weapons;
comments or materials that are false or misleading or that promote behaviour that is insulting, threatening, obscene, defamatory or libellous;
comments or materials that infringe the trademarks, trade secrets or copyrights of a third party; or
comments or materials that violate these terms of use.

Measures: We reserve the right to take appropriate measures if user content violates these provisions or applicable law. This includes removing, blocking, editing, moving, deactivating or permanently deleting content.

Where possible, you will be informed before the measures are implemented. In any case, you will be informed after the measure takes effect. This information contains a clear statement of reasons and a reference to the complaints procedure (see Clause 13.2.3).

Please send reports to: support@2nd-home.io. Further information on our DSA point of contact: https://www.2nd-home.io/pages/hilfe-kontakt

13.2.2 User Measures

If you violate these terms of use or applicable law in the course of using our services, we are entitled to exclude you from using our services. The exclusion may be permanent or temporary. We may also restrict the use of certain functions. The nature and scope of the measure depend on the severity of the violation.

Where possible, you will be informed before the measure is implemented. In any case, you will be informed after the measure takes effect, with a statement of reasons and a reference to the complaints procedure (Clause 13.2.3).

13.2.3 Complaints Procedure

You can lodge a complaint against a measure taken under Clause 13.2.1 or 13.2.2 that affects you. To do so, please contact: support@2nd-home.io

We will then review the matter again in a complaints procedure. In doing so, we will assess in particular whether the original measure was based on a careful, objective and proportionate examination of the facts, taking into account the rights and legitimate interests of all parties involved as well as the fundamental rights of users (including freedom of expression, freedom of the media and pluralism).

We will inform you of the outcome. The measure may be confirmed, modified or revoked.

Further information on the DSA point of contact: https://www.2nd-home.io/pages/hilfe-kontakt

14. Grant of Rights

14.1 Grant of Rights of Use

The user grants 2nd home, without territorial or content restrictions and for the duration of the statutory term of protection, all rights of use, exploitation rights and ancillary copyrights (Leistungsschutzrechte) in all information uploaded in the course of creating an offer (in particular item descriptions, photos and videos) as simple (non-exclusive) rights for the purpose of offering and advertising the respective item on the 2nd home Platform and for advertising the respective item by 2nd home on 2nd home's social media channels (e.g. Instagram, TikTok, Pinterest, Facebook, X/Twitter). The grant of rights includes in particular, but not exclusively, the right of reproduction, publication, distribution and making available to the public. The grant of rights includes the right to sublicense the rights to vicarious agents engaged by 2nd home. The grant of rights is limited in time until the end of an offer. The user agrees that 2nd home is not required to name the author.

14.2 Freedom from Third-Party Rights / Indemnification

The user warrants that the information uploaded by them is free of third-party rights, that they can freely dispose of the rights granted under Clause 14.1 and that the exercise of the granted rights by 2nd home does not infringe any third-party rights or statutory provisions. The user indemnifies 2nd home against all claims asserted by other users or other third parties due to the infringement of their rights through the exercise of the granted rights. The user bears the costs of the necessary legal defence (court and lawyers' fees at the statutory rate). In the event of a claim, the user is obliged to provide 2nd home, without undue delay, truthfully and completely, with all information necessary to examine the claims and for a defence.

15. Termination of the User Agreement

Unless otherwise agreed, the user may terminate the User Agreement at any time in text form (Textform) without observing a notice period. A notice of termination by email to 2nd home's customer service (support@2nd-home.io) or by post to: 2nd home GmbH, Ravensberger Str. 20, 33602 Bielefeld is sufficient for this purpose.

2nd home may terminate the User Agreement at any time by ordinary termination with a notice period of 30 days in text form.

The right to extraordinary termination in text form remains unaffected.

Upon termination of the User Agreement, all of the user's active listings will be removed from the 2nd home Platform and the user account will be deactivated. Access to the user account is no longer possible from that point on. The user account and all stored data will be deleted no later than six months after termination of the agreement. This does not apply to data that 2nd home is legally obliged to retain or in whose retention there is a legitimate interest (e.g. to prevent re-registration after a justified suspension). Aggregated data generated through use may generally also be retained after the end of the agreement.

2nd home further reserves the right to irrevocably deactivate and delete user accounts with incomplete registration data and user accounts that have been inactive for at least 12 months. 2nd home will notify the user on a durable medium (e.g. email) at least 30 days before the user account is deleted.

16. Final Provisions

Should any of the contractual provisions or any agreement concluded on the basis of this contract be invalid, the parties shall without undue delay replace it by way of a supplementary agreement with such an arrangement as comes closest to the purpose and the economic result of the invalid provision. In case of doubt, the invalid provision shall be deemed replaced by such an arrangement. The validity of the contract or the agreement shall otherwise remain unaffected.

This contractual relationship is governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If the user acts as a consumer, the mandatory consumer protection provisions applicable in the state in which the user has their habitual residence shall additionally apply, insofar as these grant the user more extensive protection.

If the user is a merchant (Kaufmann) and has their registered office in Germany, the exclusive place of jurisdiction for all disputes arising from the User Agreement and the agreements based on it is Bielefeld. The same applies if the participant moves their place of residence abroad after conclusion of the contract or has no general place of jurisdiction in Germany.

2nd home is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board (Section 36(1) no. 1 Consumer Dispute Resolution Act (Verbraucherstreitbeilegungsgesetz, VSBG)).