Terms of service

General Terms and Conditions

2nd home 

1. General 

2nd home GmbH, represented by its managing directors Cloudy Zakrocki and Michael Munder, Brunnenstraße 183, 10119 Berlin, registered in the commercial register of the Charlottenburg District Court under HRB: 250162 B (hereinafter referred to as "2nd home" or "We"), operates a German-language website and technology-based online platform for the sale and brokerage of furniture and other furnishings under the name "2nd home platform."

1. These General Terms and Conditions (GTC) govern the terms under which you (hereinafter also referred to as "User," "You," or "Seller"/"Buyer") may use the 2nd home platform. Any terms and conditions that deviate from these conditions will not apply unless confirmed in writing by 2nd home.

2. 2nd home exclusively provides brokerage services and does not own the products. Each user acts on their own behalf. 2nd home is not a party to the purchase agreement between the Buyer and the Seller.

3. Our offer is exclusively intended for adult consumers and entrepreneurs within the meaning of §§ 13, 14 of the German Civil Code (BGB).

4. If you use the 2nd home platform as a consumer and enter into contracts for paid services with 2nd home, you have a legal right of withdrawal, which we will inform you about as follows:

Cancellation Policy

Right of Cancellation

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

The withdrawal period is fourteen days in the case of service contracts, starting from the day of contract conclusion.

To exercise your right of withdrawal, you must inform us (2nd home GmbH, Brunnenstraße 183, 10119 Berlin, Germany, Phone: 015168537662, Email: support@2nd-home.io) by means of a clear statement (e.g., a letter sent by post or an email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but it is not mandatory.

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

Consequences of Cancellation

If you cancel this contract, we will refund to you all payments received from you, including the delivery costs (except for the additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we receive notice of your cancellation of 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 for such reimbursement.

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

Special Notice 

Your right of withdrawal expires prematurely if we have fully provided the service owed and we have commenced the execution of the service after you have given your explicit consent and at the same time confirmed your awareness that you will lose your right of withdrawal upon complete contract fulfillment by us.

Sample Cancellation Form 

(If you wish to cancel the contract, please fill out this form and return it.)

• 2nd home GmbH, Brunnenstraße 183, 10119 Berlin, Germany, Email: support@2nd-home.io
• I/we ( * ) hereby revoke the contract concluded by me/us ( * ) for the purchase of the following goods ( * )/the provision of the following service ( * )
• Ordered on ( * )/received on ( * )
• Name of the consumer(s)
• Address of the consumer(s)
• Signature of the consumer(s) (only if this form is submitted on paper)
• Date

( * ) Delete as applicable.

End of Cancellations Policy 

 

 2. Description of Services 

1. 2nd home is a brokerage service. Through the 2nd home platform, we provide an online service that allows users to create and publish listings (referred to as "ads") for (used) furniture and various other furnishings, using text and photos. Users can also view ads posted by other users who are interested in these items.

2. Our 2nd home platform is designed for publishing ads and connecting sellers with potential buyers of the listed items. We do not act as the actual sellers of the items advertised in the ads. We charge a commission for successfully facilitating the purchase contract between the buyer and the seller, as specified in section 7.

3. In the course of displaying ads and on a user's profile page, we may also provide additional information about the user. This may include details like response rate and/or average response time to inquiries about published ads, which are known as "activity indicators."

4. We enable users to follow other users or ads and save search queries.

5. Search results on 2nd home are automatically sorted by "relevance" and "recency." These results encompass products, collections, pages, blog articles, and other relevant content. Various options exist that can influence the ranking of these resultsSearch results on 2nd home are automatically sorted by "relevance" and "recency." The results include products, collections, pages, blog articles, and other relevant content. Various options can influence the ranking in this regard.

• Search Relevance (including the search query),
• Newest Articles/Date on which articles are uploaded,
• Bestselling articles and articles visited by many users in a short time,
• Data on the buyer's previous usage behavior (such as price range and brands of the offers) in anonymized form.

The purpose of this ranking based on various parameters is to provide users with the best possible search experience. By using the aforementioned parameters, 2nd home ensures that the offers presented higher in the ranking correspond to the users' search expectations to the highest extent.

Users can choose to sort the offers by price or date themselves using filtering options in the catalog or on the product listing pages. If users decide to sort the offers by price and date, the search results will be aligned with the preferences specified in the user's profile.

6. We are always committed to ensuring the proper operation of the 2nd home platform and the services offered. However, we do not assume any responsibility or liability for the uninterrupted usability of our website and the 2nd home platform, as well as all other functions, especially not for technically induced delays, interruptions, and failures. You have no claims arising from this.

3. Amendment of these Terms and Conditions 

If we propose changes to these General Terms and Conditions, we will publish the revised General Terms and Conditions on the 2nd home platform and adjust the date under "Last Updated" at the beginning of these General Terms and Conditions. Furthermore, we will inform you of the proposed changes via email at least thirty (30) days before the effective date of the new General Terms and Conditions. If the proposed changes to these General Terms and Conditions are substantial, we will ask you to explicitly agree to the revised General Terms and Conditions. In the case of (i) insignificant changes to these General Terms and Conditions that do not affect essential provisions, especially provisions defining the nature and scope of the services provided by 2nd home, or (ii) changes required by law, a legally binding court decision, or a binding order from a competent authority, your continued use of the 2nd home platform after the effective date of the planned changes will be considered as consent to the revised General Terms and Conditions. In this case, we will also inform you in the email about your right to reject the proposed changes, the timeframe in which you can do so, and your right to terminate this contract free of charge at any time before the effective date of the proposed changes in accordance with these General Terms and Conditions.

4. Registration and Usage 

1. Registration
1. In order to offer, purchase, or sell items on the 2nd home platform, it is necessary to register on the 2nd home platform and create a user account. Registration requires the user to be a natural person, legal entity, or partnership. By registering, you commit to providing accurate, 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 platform use), and a password (either directly in the registration form or, if you prefer, by linking your Facebook, Google, or Apple ID profile) to enable us to identify you with each access. For commercial sellers, we also require the company name and legal form, as well as the name of the contact person and a telephone number.
   
2. By submitting the registration form, you make an offer to enter into a user agreement with 2nd home, accepting the validity of these General Terms and Conditions and confirming that you have reviewed the data protection information. If we accept the registration, you will receive a confirmation email with a personalized link. Upon receipt of the confirmation email, a contract for the use of the 2nd home platform (hereinafter "User Agreement") is formed between 2nd home and the user. To complete the registration, you must click on the link provided in the confirmation email and verify your email address. There is no entitlement to conclude a User Agreement.
   
2. Usage

1. After successful registration, a user account is created for you, which you can access using your email address and the password you chose during registration. You can change your password at any time in the password-protected user area. You are obligated to keep your password confidential and securely stored to prevent unauthorized access by third parties. If you discover or suspect that your login credentials are being used by an unauthorized third party, you must immediately inform us and change your password without delay.

2. Each user is allowed to register with us on the 2nd home platform for private use and for commercial or freelance use ("commercial users") only once. User accounts are not transferable. We would like to point out that commercial users are obligated to state whether they are entrepreneurs within the meaning of § 14 of the German Civil Code (BGB). As an entrepreneur, you are legally required to fulfill the statutory information obligations, including providing a complete provider identification that complies with legal requirements. You are personally responsible for compliance with all legal requirements (for example: regulations of consumer law, PAngV, regulations of the UWG, etc.).

3. safety of other users, and verify the accuracy and completeness of the data you provided, we may occasionally review the information contained in it at the time of registration and afterward, or request you to answer specific questions, provide information, or correct false or incomplete information, or carry out verification processes. This is to ensure that only you access your user account and/or conduct transactions from there. The security procedures are appropriate and proportionate with respect to the security objectives pursued. As part of the security procedures, we may verify the user's phone number, email address, credit card, debit card, or other payment method, or the user's bank account. In cases of incomplete or incorrect information and/or lack of cooperation from the affected user, we may terminate the services or suspend their provision until the situation is rectified.

4. We reserve the right to test new or modified features and functions, limited to specific user groups, for the purpose of enhancing the user experience, to the extent reasonable for users considering 2nd home's legitimate interests. This may result in different displays for different users.

5. Offering items on our 2nd home platform.

 

6. Kauf von Artikeln auf unserer Plattform

1. Conclusion of Purchase Agreement

Buyers can acquire items on the 2nd home platform by clicking the "Buy Now" button.

1. Contract Between Buyer and Seller

When the buyer completes the checkout process, it establishes a legally binding contract between the buyer and the seller. The contract is based on (i) the description and photos of the item, (ii) the specified price, (iii) any (other) agreements made between the buyer and the seller, and (iv) the relevant provisions contained in these General Terms and Conditions. The buyer is obligated to pay for the ordered item, and the seller is obligated to transfer ownership of the ordered item. It is reiterated that 2nd home is not a party to this contract. If the seller acts as a business entity and the buyer is a consumer, the mandatory consumer protection regulations applicable in the state where the user has their habitual residence are applicable, provided they provide the user with greater protection. If the seller acts as a consumer, the specific regulations for consumer contracts do not apply to the contract.

7. Verkaufsgebühren

1. 1. 2nd home receives a commission for every successful sale mediated through the 2nd home platform, in accordance with the following provisions.

   2. The basis for our commission calculation is the net selling price of the respective item (for consumers: the selling price of the respective item). Our commissions are immediately due for payment.

   The respective commission is deducted from the purchase price paid by the buyer of the item and retained by 2nd home. This is done through our secure payment service provider. There may be exceptions, such as for commercial sellers or the resale of items, where different fee structures may apply. The respective commission is included in the selling price of the item as stated on the 2nd home platform.

   Unless otherwise agreed with 2nd home, the following commissions apply:

   For sales by commercial sellers, our commission is 20% plus the applicable value-added tax (VAT). 2nd home sends monthly invoices. 2nd home informs the seller by email about the availability of the respective invoice. For sales by consumer sellers, our commission is 30% (including the statutory VAT according to German law). If you have your residence in another EU country, the statutory VAT of that country applies instead of the German VAT. After each successful sale, 2nd home sends an invoice for the commission. 2nd home informs the seller by email about the availability of the respective invoice.

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

8. Payment for an Item

1. Offered Payment Methods

On our 2nd home platform, we provide various payment methods for purchasing items. Currently, these include ShopPay, Amazon Pay, Apple Pay, Paypal, Google Pay, card payments (MasterCard, Visa, American Express, Maestro), Sofort, Klarna Buy now pay later, Klarna installment payments.

The availability of payment methods will be displayed at the time of purchase.

Additionally, we use the provider Payaut for managing payments to our sellers, as described below.

It's important to note that the respective payment service providers are responsible for processing payments. 2nd home assumes no liability for issues related to the services of the payment service providers.

Even though we facilitate transactions, we do not become the buyer or seller of the ordered items. 2nd home solely provides intermediary services and does not become a party to the contract concluded between the buyer and the seller.

By using the payment methods offered on the 2nd home platform, users agree to the terms and conditions of the respective payment service providers. It is recommended to familiarize oneself with these terms before selecting a payment method.

Note on taxation: The Platform Tax Transparency Act (PStTG) has been in effect since January 1, 2023. This means that operators of digital platforms are legally obligated to report transaction data of their users to the relevant tax authorities under certain circumstances. 2nd home falls under this law and is obligated to report. Your data will be reported if you sell more than 30 items or earn more than EUR 2,000.00 on our 2nd home platform within a year – this also applies to private sales. This notice is not exhaustive and may not be up-to-date.

2. Integration of Payment Service Providers

2nd home has entered into contracts with the payment service providers mentioned above to integrate and offer their services on our 2nd home platform. It's important to note that 2nd home is not a payment service provider itself and acts solely as an intermediary between buyers, sellers, and the payment service providers.

1. Payaut

We use Payaut to manage a special "Seller Account" where incoming payments from buyers are held in trust, and the balance of sellers is maintained. This account is set up by 2nd home and Payaut when sellers register on the 2nd home platform. It remains provisional until the first sale occurs.

The revenues processed by Shopify Payments using the payment service providers described above are transferred to the trust account at Payaut for each sales transaction, with clear reference to the specific transaction and seller. This is done for every sales transaction. The proceeds from this transaction, minus any shipping costs, are separately managed. Payaut holds the balance from sales proceeds for each seller and each transaction in trust. Payaut uses a trust account that 2nd home does not have direct access to.

As Payaut offers regulated payment services, it is required to conduct a so-called KYC check under financial laws and regulations. This means that when sellers make their first sale, they are prompted to undergo an identification process as part of a know-your-customer (KYC) process. Sellers receive all necessary information and a link to Payaut's portal via email. Different information is required depending on the "seller type":

For private sellers, Payaut requests personal account information (IBAN is used as identification), as well as address, date of birth, and optionally nationality and/or identification documents.

For commercial sellers, Payaut asks for the complete name of the entrepreneur/business, the industry of the business (e.g., retail clothing), the trade register number or registration number, the complete and registered business address, IBAN format validation, IBAN ownership verification document, and proof of business registration. Additionally, information about the beneficial owners is checked, including name, nationality, date of birth, address, information about control and management of the business, identification documents.

Once this process is successfully completed by sellers, the payout of the sales proceeds can be processed.

The payout of the purchase price to the seller occurs (i) for private sellers after 7 days following the shipment and (ii) for commercial sellers after 21 days following the shipment of the sold goods, provided that the successful purchase is confirmed by the buyer and no returns occur in transactions with commercial sellers. After successful review, the purchase price minus the agreed commission is paid to the seller from the sales proceeds on behalf of 2nd home GmbH from Payaut's account.

1. Declaration of Taxes, Shipping Costs, Currency

All prices should be specified in the user's country currency, including any applicable value-added tax.

9. Shipping of Items

 

10. Removal of Content; User Blocking and Other Measures

1. We reserve the right to fully or partially remove ads posted on our 2nd home platform or other user content if there are concrete indications that the ad or content violates these Terms and Conditions or legal provisions, or if the user has breached their contractual obligations. In such cases, we may also issue a warning to the user and/or temporarily or permanently exclude them from using the 2nd home platform. In the case of a temporary or permanent block, we will inform the user about it 30 days before it takes effect and provide reasons in writing (e.g., via email), unless there are compelling reasons against doing so. The aforementioned deadline does not apply when the termination or permanent block is due to legal obligations or regulatory orders or when we can demonstrate that the user has repeatedly violated these Terms and Conditions. Additionally, we are authorized to use automated software and algorithms to identify and remove items or content from the platform without prior notice. The use of such automated software does not imply our obligation to monitor or actively seek out unlawful actions or content on the platform.

   Furthermore, we reserve the right to not publish or remove ads from our 2nd home platform if there are indications that the advertised item is not freely saleable or is otherwise offered unlawfully, or if there are indications that the ad is intended or has been used for abusive purposes. We also reserve the right to exclude certain products from advertising and remove corresponding ads if these items are typically advertised for unfair and abusive purposes.

   If a user has been excluded from using the 2nd home platform by us or if the user's user agreement has been terminated, the user may not use our 2nd home platform and other services, including other user accounts created on behalf of third parties, and may not register with us again.

   We reserve the right to restrict or discontinue access to the 2nd home platform in full or in part, as well as delay the publication of ads or other user content if this is required due to server capacity constraints, security or integrity concerns, or for the implementation of technical measures, or if it serves the proper or improved provision of services (maintenance).

   If 2nd home takes one of the aforementioned measures, especially in the case of a restriction, block, or termination, you have the opportunity to clarify the underlying circumstances of such a measure within the framework of 2nd home's internal customer service process.

   
   

11. Communication and Messages on the Platform

On our 2nd home platform, you can contact us via email, WhatsApp chat, Instagram, and Facebook Messenger. For more information regarding the processing of personal data, please refer to our Privacy Policy.

Additionally, there is the option to communicate through forms, reviews, and ratings.

Furthermore, we provide a callback service.

 

12. User Liability

1. All users are fully responsible for all the information they publish on our 2nd home platform, as well as for the items they offer, sell, or transfer to other users. Users expressly accept that they are responsible for listing items on our 2nd home platform, as well as for item descriptions, photos, videos, and all information and explanations provided to buyers or other users, and for the accuracy of other provided information (including private messages, reviews, and forum entries) (hereinafter referred to collectively as "Content"). Furthermore, users are solely responsible for transactions with other users and any resulting conflicts unless the disputes result from a violation of 2nd home's obligations under these Terms and Conditions.

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

   • Violating the rights of third parties,
   • Infringing intellectual property rights or listing counterfeit items,
   • Listing items that violate laws or regulations,
   • Inciting criminal activities, discrimination, hatred, or violence based on ethnic origin or nationality, etc.,
   • Sharing false or confidential information,
   • Spreading defamatory statements,
   • Taking actions that could endanger minors,
   • Publishing third-party personal data or violating data protection regulations,
   • Wrongfully appropriating the identity of another person, and
   • Uploading or sharing unlawful, false, or misleading content. It is expected that users will use the 2nd home platform in compliance with the law.
   1. The user indemnifies 2nd home from all claims that other users or third parties assert against 2nd home due to the user's offers and other content posted through the 2nd home platform or other use of 2nd home's services. The user shall bear the costs of the necessary legal defense of 2nd home, including all court and attorney's fees in statutory amount. This does not apply if the user is not responsible for the infringement. The user is obliged to promptly, truthfully, and completely provide 2nd home with all information necessary for the examination of claims and a defense in the event of a third-party claim.

 2. 2nd home's Liability

1. 2nd home exclusively acts as an intermediary between buyers and sellers and, to the extent permitted by law, assumes no liability for damages or losses incurred by users or third parties, unless these result from a breach of 2nd home's obligations under these General Terms and Conditions. In particular, 2nd home is not liable for: (i) the actions or omissions of users, (ii) the accuracy, completeness, and legality of content, (iii) the security, quality, or conformity of items with their descriptions sold or bought through the 2nd home platform, or (iv) issues related to transactions.

2. 2nd home assumes no responsibility for content and items created by users. Users are solely responsible for their content. As a hosting provider, 2nd home has no contractual obligation to review content and items and cannot be held liable for damages or losses related to this content and items. However, 2nd home will reasonably remove unlawful content that has been properly reported and take action against users whose content or items violate applicable law or these General Terms and Conditions.

3. 2nd home is liable for intent and gross negligence in accordance with statutory provisions. In the case of ordinary negligence, 2nd home is only liable if it concerns the violation of an essential contractual obligation. In this case, 2nd home's liability is limited to the foreseeable, typical damage under the contract. An essential contractual obligation is an obligation whose fulfillment is essential for the proper execution of a contract and on which the other party may regularly rely. The above liability limitations and exclusions also apply in favor of 2nd home's legal representatives, employees, and vicarious agents. The above liability disclaimers and limitations do not apply in the event of injury to life, body, and health and other non-waivable claims.

4. 2nd home is not responsible for users' tax obligations or reporting requirements arising from their activities on the 2nd home platform. Users are solely responsible for any tax reporting obligations resulting from transactions conducted through the 2nd home platform.

5. 2nd home takes reasonable steps in accordance with applicable laws to ensure the security of data provided by users. However, unforeseen events such as cyberattacks may impact the systems. 2nd home is not liable for data compromises or software issues that occur despite reasonable security measures. Users are strongly encouraged to take their own precautions to protect their data and software, particularly against internet viruses.

 

13. User Responsibilities

1. Users are obligated to adhere to the obligations specified in these General Terms and Conditions when using the 2nd home platform. These obligations include, but are not limited to:

1. • Registration and User Accounts
   • Create only one account unless an unauthorized third party gains access to the account; in such cases, 2nd home must be informed and may permit an additional account.

2. Legality and Fairness

   • Not use the platform for unlawful or fraudulent activities or transactions.
   • Avoid providing misleading or inaccurate information.
   • Ensure that the price and other information about items offered for sale are accurate.

3. Information and Content

   • Provide accurate, complete, and detailed information when selling items.
   • Not copy content or information uploaded by 2nd home or another user.
   • Not use or publish content for unlawful purposes or that promotes terrorism, racism, discrimination, etc.
   • Not infringe upon the intellectual property rights of third parties, including trademarks, design rights, and copyrights.

4. Images and Media

   • Do not use photos for which the user does not have usage rights.
   • Do not use photos showing other individuals without their consent or that violate moral standards (e.g., pornographic or violent content).

5. Technical Limitations

   • Do not employ external software tools like bots, scraping programs, crawling programs, spiders, etc., unless approved by 2nd home.
   • Do not use programs or files containing viruses or that disrupt the platform's operation.
   • Refrain from data mining, screen scraping, or searching the 2nd home platform with a web crawler.
   • Do not disassemble, decompile, or reverse-engineer parts of the 2nd home platform.
   • Do not adapt, copy, modify, edit, distribute, or market content from the 2nd home platform without prior written consent from 2nd home.

2. Users must keep their login credentials and passwords confidential and are solely responsible for all actions conducted through their user accounts. They must inform 2nd home immediately if unauthorized access is suspected.

3. Users must promptly update outdated or incorrect information on the 2nd home platform, including account details and information about listed items.

14. Rights Transfer

1. The user grants 2nd home, both spatially and in terms of content, an unlimited, non-exclusive right for the duration of the statutory protection period to all usage, exploitation, and performance protection rights in all information uploaded as part of creating a listing (especially item descriptions, photos, and videos) for the purpose of the listing and promotion of the respective item on the 2nd home platform and for the promotion of the respective item by 2nd home on 2nd home's social media channels (e.g., Instagram, TikTok, Pinterest, Facebook, X/Twitter). The rights transfer includes, but is not limited to, the right to reproduce, publish, distribute, and make them publicly accessible. The rights transfer also includes the right to further grant the rights to agents commissioned by 2nd home. The rights transfer is limited in time until the end of a listing. The user agrees that no attribution by 2nd home is required.

   2. The user guarantees that the information uploaded by them as part of creating a listing is free from third-party rights, and they have the right to transfer the rights specified in section 14.1. The exercise of the transferred rights by 2nd home does not violate the rights of third parties or other legal provisions. The user indemnifies 2nd home from all claims that other users or third parties assert against 2nd home due to the exercise of the rights transferred under section 14.1 by 2nd home. The user shall assume the costs of the necessary legal defense of 2nd home, including all court and attorney fees in accordance with statutory rates. The user is obligated to provide 2nd home immediately, truthfully, and completely with all information necessary for the examination of the claims and for a defense in case of claims by third parties.

 

15. Termination of the User Agreement

1. The user can terminate the user agreement at any time without observing a notice period in written form, unless otherwise agreed. For this purpose, sending a termination notice by email to 2nd home Customer Service (support@2nd-home.io) or by postal mail to: 2nd home GmbH, Brunnenstraße 183, 10119 Berlin is sufficient.

2. 2nd home can terminate the user agreement with a notice period of 30 days in written form at any time.

3. This is without prejudice to the right to terminate in written form without notice.

4. Upon the termination of the user agreement, all active listings of the user on the 2nd home platform will be removed, and the user's account will be deactivated. Access to the user's account by the user is no longer possible from this point onward. The user's account and all data stored therein will be deleted no later than six months after the termination of the agreement. This does not apply to data for which 2nd home is legally obligated to retain or for which there is a legitimate interest in retention, such as preventing re-registration after a legitimate suspension. Aggregated data generated through use can generally continue to be retained after the end of the agreement.

5. 2nd home also reserves the right to irrevocably deactivate and delete user accounts with incomplete registration data and user accounts that have been inactive for a period of at least 12 months. 2nd home will notify the user of the impending deletion of the user account no later than 30 days in advance using a permanent data carrier (e.g., email).

16. Final Provisions

1. Should any of the contract provisions or an agreement concluded under this contract be invalid, the parties shall promptly replace it through a supplementary agreement with a provision that comes closest to the purpose and economic outcome of the invalid provision. In case of doubt, the invalid provision shall be considered replaced by such an agreement. The validity of the contract or the agreement is otherwise unaffected.

2. This contractual relationship is subject to the laws 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 regulations applicable in the state where the user has his habitual residence shall apply, insofar as they provide the user with greater protection.

3. If the user is a merchant and has his registered office in Germany, the exclusive place of jurisdiction for all disputes arising from the user agreement and agreements based on it is Berlin. The same applies if the participant relocates his place of residence abroad after the conclusion of the contract or has no general place of jurisdiction in Germany.

4. 2nd home is neither willing nor obliged to participate in consumer dispute resolution proceedings before a consumer arbitration board (§ 36 para. 1 No. 1 VSBG).