General Terms and Conditions for Consumers

Terms and Conditions of Contract and Use

§ 1 Service and Advertisement Application

COCOLI is a digital marketplace for buying and selling high-quality second-hand pieces for the home - this includes furniture, lighting, and accessories.

The seller can create and publish an advertisement (hereinafter referred to as advertisement or listing). Interested parties can view published advertisements of other sellers. This usage agreement is exclusively for consumers according to § 13 BGB. If you are a business according to § 14 BGB or are otherwise engaged in commercial activities, this contract does not apply to you. In this case, please contact us at the email info@cocoli.com or by phone at+49 (0) 228 76382930.

1. The COCOLI Internet portal serves for publishing advertisements and for bringing together sellers and buyers of the listed goods and services. COCOLI itself is not a seller/owner of the products advertised with the respective advertisements.
2. Next to the presentation of the listing, COCOLI will display additional information about the seller and their activities (e.g. information on response rate and/or average response times to inquiries about listings, so-called activity indicators) COCOLI reserves the right to identify the seller based on certain criteria.
3. COCOLI allows sellers and buyers to mutually and publicly evaluate each other based on a rating system set by COCOLI.
4. COCOLI publishes the listings on its website and advertises them. COCOLI may display the entire listing or only parts of it on other websites, within software applications ("apps"), in emails, in print, radio, and television marketing campaigns, or in other media. For this purpose, COCOLI will allow third parties to access their advertisements so that they can be optimally integrated into advertising campaigns. The seller/advertiser agrees to this and hereby transfers all necessary rights of use to texts, images, etc. At the same time, he assures that he is the owner of these rights of use and that they are free of rights of third parties.
5. Inquiries, suggestions, or complaints can be sent free of charge to COCOLI, by email to
   info@cocoli.com or by phone to +49 (0) 228 76382930.
6. The customer service department documents submitted complaints, checks them carefully and will take the necessary measures within a reasonable time frame and inform the seller/buyer about this or about the result of the complaint procedure.
7. Sellers and buyers can communicate via the COCOLI internet portal. COCOLI reserves the right to convert texts and images into suitable file formats as necessary so that they can be optimally displayed in all output formats, such as mobile applications and web pages.
8. COCOLI provides the seller and the buyer with an internal search engine. Here, sellers/buyers can assign features to the offered or sought-after goods (such as category, age, condition, price, etc). In addition, advertisements are also displayed in the search results for whose highlighted presentation (e.g. as a top ad) the respective seller has declared themselves ready to pay an additional fee. You can inquire about the options for a highlighted presentation in the context of the advertisements by email to info@cocoli.com*

Section 2 Seller Account

1. For the full use of the COCOLI consumer sales portal, particularly for posting advertisements, displaying certain contact details of sellers, and exchanging electronic messages with other sellers, a seller's registration with COCOLI is required. A prerequisite for registration is that the seller is an adult consumer within the meaning of § 13 BGB.
2. The seller is obliged to provide the data collected during the registration of COCOLI truthfully and completely. If the data changes after registration, the seller is obliged to notify customer service immediately by email to info@cocoli.com or by phone at +49 (0) 228 76382930, or to update it themselves in the password-protected seller area of COCOLI*.
3. By submitting the registration form, the seller makes an offer to enter into a usage agreement with COCOLI, with which he accepts the applicability of the terms and conditions and declares knowledge of the privacy policy. If COCOLI accepts the registration, the seller will receive a confirmation email with a personalized link. Upon receipt of the confirmation email, a usage agreement between COCOLI and the seller comes into effect for the use of the COCOLI internet portal. To complete the registration, the seller must call up the link provided with the confirmation email and thus verify his email address. There is no entitlement to enter into a usage agreement.
4. With successful registration, a seller account is created for the seller, which they can access using their email address and the password chosen during registration. The password can be changed by the seller at any time through the password-protected seller area*. It is to be kept secret by the seller and stored in a manner that is protected from access by unauthorized third parties. If the seller discovers or suspects that their access data is being used by a third party without authorization, they must inform COCOLI immediately and change their password immediately.
5. Each seller may only register once for private use on COCOLI. Seller accounts are not transferable.
6. COCOLI may make the use of certain functions of the sales portal or the extent to which individual functions can be used, dependent on the fulfillment of additional requirements, e.g. the provision of additional data, an examination and verification of the seller's data, the duration of use, the type of use (private/commercial), the seller's previous payment behavior and/or the submission of certain proofs.
7. The seller receives an overview on their seller profile page of the ads they have published. In addition, they receive information about their activity indicators and can make changes to their settings, preferences, and data.*
8. Within the COCOLI internet portal, COCOLI has access to various information about sellers, including personal data. This particularly includes information that sellers submit as part of the use/registration on COCOLI (e.g., contact or listing information) as well as those that are generated during the provision and processing of the COCOLI internet portal (e.g., ratings, activity indicators, or communication)*.
9. COCOLI provides certain seller groups with analytical data about their activities and the advertisements they have placed. COCOLI only forwards the advertisements, including the information contained therein about sellers, as well as other information from the COCOLI internet portal to third parties or provides third parties with access to this information if this is necessary for the provision of the COCOLI offer (such as to increase reach in the case of the promotion of the COCOLI 3 offer and the publication of the advertisements via third parties in accordance with § 1 No. 8 of these terms of use) or if COCOLI is legally or contractually authorized to do so.

§ 3 Listing Agreement

1. Once the seller has successfully registered with COCOLI, they have the opportunity to create and publish their own ads for free via the COCOLI internet portal.
2. By entering the listing data, if applicable, selecting paid additional services, and submitting the corresponding form, the seller makes a binding offer to COCOLI to conclude a contract for the limited-time publication of the listing (hereinafter "Listing Agreement") to the COCOLI, for which additional conditions may apply. The process can be canceled at any time before submitting the form by closing the browser window or the application. The seller also has the option to check the content of the designed listing with the help of a preview function before submitting the form and to correct their information if necessary. COCOLI reserves the right to edit the uploaded photographs and to place them in the overall picture of the website in a modified form. COCOLI reserves the right to reject individual pictures if they are not meaningful.
3. COCOLI reserves the right to refuse products that do not fit into our range or that must be excluded from shipping due to their materials and nature.
4. COCOLI can accept the offer to conclude an advertising contract through a separate declaration to the seller or by activating the advertisement. With acceptance of the offer by COCOLI, the advertising contract is concluded. COCOLI is not obliged to accept contract offers from the seller.
5. The advertisement data is stored electronically. The seller can manage their advertisements in the password-protected seller area of COCOLI, in particular also delete them there.* The text of the advertising contract is not stored separately. However, the seller can access the terms of use, which form the basis of the advertising contract, at any time via the COCOLI website and subsequently save them in reproducible form.
6. Even after the conclusion of a listing agreement, it is possible for technical reasons that the listing cannot be found immediately after being activated through the category search or with the help of search terms within the COCOLI internet portal.
7. In the case of an invoice shipment, this is done exclusively by electronic means.
8. It is not permitted for the seller to offer or provide the acquired services to third parties without approval from COCOLI.

§ 4 Listing Contents

1. The seller is obliged to place each listing in the appropriate category and to truthfully describe their respective offer with all relevant features and properties in words and, if possible, also through meaningful images and videos. COCOLI can support the seller, for example by suggesting a category or additional features for the offered item based on the given title. The seller is obliged to carefully check all entries and only adopt appropriate suggestions for their listing.
2. Posting advertisements, texts, images, videos, or other content that violates legal regulations, these terms of use, the rights of third parties, or public decency is prohibited. In particular, it is forbidden to post content that: -violates copyright, trademark, and competition law regulations or legal provisions on youth protection, -violates the principles of the COCOLI internet portal regarding prohibited content, or -contains false information or is otherwise misleading.

Section 5 Obligations of the Seller

1. The seller is obliged to refrain from any actions that could endanger the safe operation of the COCOLI Internet portal or harass other sellers, or that otherwise go beyond the intended use of the COCOLI. In particular, the seller is obliged to refrain from: -Sending email advertising, SMS advertising, chain letters, or other harassing content, -Sending viruses or other technologies that could damage the COCOLI Internet portal, the interests, or the property of other sellers, subjecting the COCOLI infrastructure to excessive load, or otherwise disrupting or endangering the functioning of the COCOLI Internet portal, -Reproducing, making publicly accessible, distributing, editing, or otherwise using content from the COCOLI Internet portal in a manner that goes beyond the intended use of the COCOLI Internet portal without prior consent from COCOLI, -Reproducing, making publicly accessible, distributing, editing, or otherwise using content from third parties without their prior consent in a manner that goes beyond the intended use of the COCOLI Internet portal, -Collecting or using information, in particular email addresses or phone numbers, about other sellers without the prior consent of the sellers, -Circumventing measures designed to prevent or restrict access to the COCOLI Internet portals.
2. The seller is obliged to back up and archive all data and information stored within the COCOLI Internet portal that he currently needs or may need in the future for purposes of evidence preservation, accounting, or other purposes, on his own storage medium.
3. The seller is obliged to inform COCOLI immediately if the product listed in the advertisement no longer corresponds to the specifications, or is no longer available for sale.
4. When listing the item, the buyer commits to sending a short video upon request from COCOLI that shows the condition and quality of the item in detail. This video is used to conduct the COCOLI product inspection for the buyer. Without this video, the listing cannot be posted.

Section 6 Deletion of Listings, Seller Blocking, etc.

1. COCOLI is authorized to delete advertisements or other content of the seller, in whole or in part, posted on the COCOLI Internet portal or to delay or not to publish advertisements or other content of the seller if there are specific indications that the advertisement or content violates these Terms of Use or legal requirements, or that the seller has otherwise culpably violated contractual obligations. COCOLI can also warn the seller in such a case and/or temporarily or permanently exclude the seller from using the COCOLI Internet portal. In the case of a temporary or permanent block, COCOLI will inform the seller of this circumstance 30 days before the block becomes effective and justify it on a permanent data carrier (e.g., email), unless there are compelling reasons against it. The aforementioned period does not apply if the termination or permanent block is due to mandatory legal provisions or official orders or if COCOLI can prove that 5 of the sellers have repeatedly violated these Terms of Use, which has led to termination or permanent block.
2. COCOLI also reserves the right not to publish advertisements or to remove them from the COCOLI internet portal if there are indications that the advertised product is not freely available for sale or is otherwise offered in an illegal manner, or if there are indications that the advertisement is intended to be placed or has been placed for abusive purposes. COCOLI also reserves the right to exclude certain products from being advertised and to remove corresponding advertisements if these products are typically advertised for abusive purposes.
3. If a seller has been excluded from using the COCOLI Internet portal by COCOLI or if the usage agreement with the seller has been terminated, the seller may no longer use the COCOLI Internet portal with other seller accounts, including those seller accounts that were set up for third parties, and may not re-register for registration with the COCOLI Internet portal.
4. COCOLI is entitled to restrict or terminate the provision of the COCOLI Internet portal in whole or in part, as well as to delay the publication of advertisements or other content from sellers if this is necessary with regard to capacity restrictions, the security or integrity of the servers, or for the implementation of technical measures, or if it serves the proper or improved provision of services (maintenance work)
5. Take COCOLI one of the measures for restriction, blocking, or termination, sellers have the opportunity to clarify the facts underlying such a measure with COCOLI as part of a rebuttal.

§ 7 Fees

1. For offering items and for the use of additional options, COCOLI charges the seller fees. When an item is sold, the seller has to pay a sales commission to COCOLI. The amount of the individual fees as well as the sales commission depends on the respective item, e.g. furniture type, size, etc. With the help of the sales price calculator, the seller can calculate the sales price in advance. The seller enters in the sales price calculator what sales price he wants to achieve. COCOLI then calculates the listing price, which consists of the seller's sales price and COCOLI's commission. The seller can now decide whether he wants to offer the item for sale at the calculated listing price. A change in the sales price is possible at any time during the calculation process. By pressing the button "List now" the seller confirms the listing price and concludes the listing contract with COCOLI.
2. COCOLI will charge a sales commission: It will be displayed directly when creating the listing. The commission for all products listed before February 1, 2025, is 0% of the selling price that the seller wants to achieve. For all products listed from February 1, 2025, onwards, the commission will be calculated based on the selling price the seller wants to achieve, as follows: For a selling price of under 51€, the commission is 20% of the selling price, for 51€-100€, the commission is 15% of the selling price, for 101€-5,000€, the commission is 10% of the selling price and for items over 5,000€, the commission is 7% of the selling price. The commission is displayed in advance when creating the listing.
3. Should the item not have been sold after 12 weeks, the listing contract for the seller ends for free, without the need for termination.
4. COCOLI's partner Stripe handles the payment processing with the buyer. Once an item is sold, shipped, and has been in the possession of the buyer for more than 48 hours and no claim has been made, the seller can initiate the transfer of the sales price achieved (listing price, minus COCOLI's sales commission). More details under Paragraph 8.
5. COCOLI issues an invoice to the seller for the sales commission incurred. COCOLI informs the seller by email about the provision of the respective invoice. The seller can access the document in their COCOLI account*.
6. Sellers are prohibited from circumventing the fee structure of COCOLI, in particular from selling the item bypassing the commission claim of COCOLI.
7. COCOLI reserves the right to charge a flat fee for the deletion of offers or other content or for the blocking of users, insofar as the user is responsible for the violation, unless the user proves that no damage has occurred or that the damage occurred to a significantly lesser extent. Similarly, COCOLI may charge a fee for the reactivation of a blocked account. The amount of the flat fee is regulated in the current fee schedule (link).
8. COCOLI can change the sales commissions at any time, as long as the listing has not yet been published. Price changes will be communicated to users in good time before they take effect.

§ 8 Payment

COCOLI handles the payment transactions with the buyer via the payment platform Stripe. Stripe is a company specializing in payments.

To receive your transfer after a sale, you must set up a Stripe customer account. Once your item has been sold, you will receive an email with a personalized link to set up the account. To set up the customer account, first go to My Account and then to Payment Settings. Consumers will then be asked for documents that prove your identity.

Stripe will also ask you to upload a picture of your ID and a proof of residence. These documents are needed to validate the security conditions required by the platform. If you are a private seller and a company or website name is requested, please enter www.COCOLI.com.

§ 9 Delivery options

The delivery time is calculated from the time of the contract conclusion. The seller can choose when creating the listing whether they want to ship the item to the buyer's location and whether they want to offer the item in addition or only for pickup or not.

In the case of shipping, this is carried out by COCOLI. COCOLI will commission a forwarding agent who will collect the item from the seller and deliver it to the buyer's location.

For items up to a girth measurement of 360cm (girth measurement = 1x length + 2x width + 2x height) and a weight up to 31.5 kg, the shipment will be made by parcel service. In this case, the seller must pack the product safely and properly for shipping. In the event of transport damage that can be traced back to incomplete or incorrect packaging, the seller is liable. COCOLI offers the seller a link via email after the sale, where they can find instructions for safe packaging. It is recommended to take photos during and after the packaging process and keep them for any possible claims for compensation. COCOLI is not liable for transport damage due to improper packaging.

For items whose size or weight exceeds this limit, delivery will be made by a courier or a freight forwarder. In the case of delivery by a courier or freight forwarder, the item will be professionally packed for transport and delivered to the buyer. If the item is delivered in parts, neither the seller nor COCOLI is obligated to provide assembly.

The cost of delivery is calculated after entering the necessary item details and is shown before the contract is concluded in the sales price calculator during checkout.

Delivery is arranged in consultation with the seller and the buyer, but not less than two days after payment of the full purchase price to COCOLI.

§ 10 Liability

1. The advertisements and other content published by sellers on the COCOLI internet portal do not reflect the opinion of COCOLI and are not checked by COCOLI for their legality, correctness, and completeness. COCOLI does not guarantee the correctness and completeness of the information contained in the advertisements and also does not guarantee the quality, safety, or legality of the goods or services offered by sellers.
2. COCOLI is liable according to the statutory provisions for intent and gross negligence, as well as their legal representatives, senior employees or other vicarious agents. The same applies to the assumption of guarantees or any other assumption of liability independent of fault as well as claims under the Product Liability Act or in the case of culpable injury to life, body or health. COCOLI is liable for simple negligent breaches of essential contractual obligations caused by its representatives, senior employees and other vicarious agents, i.e. those obligations on the fulfillment of which the seller may regularly rely and trust for the proper execution of the contract, but in this case limited in amount to the typically occurring, foreseeable damage. Any further liability of COCOLI is excluded.
3. As far as the liability of COCOLI is excluded or limited, this also applies in favor of the personal liability of its legal representatives, executive officers, and other vicarious agents.

Section 11 Liability of the Seller

1. The seller releases COCOLI from all claims that other sellers or other third parties assert against COCOLI due to a violation of their rights by advertisements and other content posted by the seller on the COCOLI internet portal or due to the seller's other use of the COCOLI internet portal. The seller assumes the costs of the necessary legal defense of COCOLI, including all court and attorney costs at the statutory rate. The claim for release does not exist if the seller is not responsible for the legal violation.
2. The seller is obliged, in the event of a claim by a third party, to provide COCOLI with all truthful and complete information for defense upon request without delay, which is necessary for the examination of the claims and a defense against them.
3. A liability of the seller beyond these regulations remains unaffected.
4. The seller guarantees that they are the owner, or authorized by the owner, to sell the listed item free of third-party rights. The seller guarantees that they have the necessary usage rights, such as the right to reproduce and the right to make publicly accessible the transmitted images, and transfers these rights to COCOLI under the terms of this contract.

Section 12 Termination of contract

The seller can terminate the usage agreement, unless otherwise agreed, at any time without observing a notice period in text form. To do this, it is sufficient to send a notice of termination by email to the customer service of COCOLI at info@cocoli.com or by letter to MöbelFirst GmbH, Heussalle 40, 53113 Bonn, Germany.

• COCOLI can terminate the usage agreement at any time in an orderly manner with a notice period of 30 days. COCOLI will justify the termination to the seller on a durable data medium (e.g. email). The seller may not book any new services of the COCOLI internet portal after receiving a termination declared by COCOLI. The period does not apply if the termination is due to mandatory legal provisions or official orders. The right to terminate without notice for important reasons remains unaffected
• With the termination of the usage agreement, all ongoing advertisements of the seller are removed from the COCOLI internet portal and the seller's seller account is deactivated. Access to the seller account by the seller is no longer possible from this point. The seller account and all related data stored by the seller are deleted no later than six months after the termination of the contract. This does not apply to data for which COCOLI is legally obliged to retain or which it has a legitimate interest in retaining, e.g. to prevent a new registration after a legitimate blocking. Aggregated data that was generated through usage may generally continue to be stored even after the contract has ended.
• COCOLI also reserves the right to irrevocably deactivate and delete seller accounts with incomplete registration data and seller accounts that have been inactive for a period of at least 12 months. COCOLI will notify the seller at least 30 days before deleting the seller account, on a permanent data storage medium (e.g. by email).

Widerrufsbelehrung

(1) Widerrufsrecht


a. If the seller is a consumer, he has the right to revoke this contract within fourteen days without giving any reasons.

b. The revocation period is fourteen days from the day of the conclusion of the contract.

c. To exercise the right of revocation, the seller must inform us of MöbelFirst GmbH, Heussalle 40, 53113 Bonn, Telephone +49 (0) 228 76382930, E-Mail info@cocoli.com, by means of an unequivocal declaration (e.g. a letter sent by post or e-mail) of his decision to revoke this contract. He may use the attached model revocation form, which, however, is not mandatory.

d. To observe the revocation period, it is sufficient for the seller to send the notification of the exercise of the right of revocation before the revocation period has expired.


(2) Consequences of revocation


a. If the seller revokes this contract, the MöbelFirst GmbH shall immediately and at the latest within fourteen days from the day on which the notification of the revocation of this contract is received by the MöbelFirst GmbH repay all payments received from the seller, including the delivery costs (with the exception of the additional costs resulting from the seller having chosen a type of delivery other than the cheapest standard delivery offered by the MöbelFirst GmbH), using the same means of payment that the seller used for the original transaction, unless expressly agreed otherwise between the contracting parties; in no case will the seller be charged any fees for this repayment.

b. If the seller has requested that the services be provided during the revocation period, he must pay the MöbelFirst GmbH a reasonable amount that corresponds to the proportion of the services already provided by the MöbelFirst GmbH up to the point in time at which the seller informed the MöbelFirst GmbH of the exercise of the right of revocation in respect of this contract, in comparison with the total scope of the services provided for in the contract.

(Signatures of the parties)
Declaration pursuant to § 356 para. 4 BGB Hereby, the seller confirms that he has taken note that his aforementioned right of revocation for the above-mentioned broker contract expires if the MöbelFirst GmbH has created and published a complete listing, and the seller has already concluded a contract with the buyer without the need for further activities by the MöbelFirst GmbH . The seller has been informed of § 356 para. 4 BGB.

§ 13 Data Protection

Detailed information on the collection, processing, and use of personal data by the seller in connection with the registration, execution of the user agreement, and use of the COCOLI internet portal can be found in the Privacy Policy of COCOLI.

Section 14 Final provisions

1. The terms and conditions of the contract, the contract and all agreements based thereon between COCOLI and the seller are subject exclusively to the laws of the Federal Republic of Germany. The application of the UN Sales Law (CISG) is excluded.
2. COCOLI is neither willing nor obliged to participate in dispute resolution procedures with consumers before a consumer arbitration board (§ 36 Abs. 1 Nr. 1 VSBG).
3. Should individual provisions of these Terms of Use be or become null and void or ineffective in whole or in part, the effectiveness of the remaining provisions shall not be affected. The law shall replace any provisions of these Terms of Use that are not included or are ineffective. If such statutory law is not available in the respective case (regulatory gap) or would lead to an unacceptable result, the parties will enter into negotiations to agree on an effective provision that is as close as possible to their economic interests.

* Some features of the website are not yet available as of this version. As of September 2026.