for the individual purchase of emission reduction certificates
1.1
Envalor GmbH (hereinafter referred to as "Envalor") offers services on the website https://klimapi.com (hereinafter referred to as "platform"), among other things, for mediating and selling emission reduction certificates as climate offset measures.
1.2
These general terms and conditions (hereinafter referred to as "GTC") apply to all contracts between Envalor and the customer concerning the purchase of emission reduction certificates via the platform, unless the customer is already a registered business customer of Envalor.
1.3
General terms and conditions of business, delivery, or payment of the customer do not become part of the contract unless Envalor has expressly agreed to their validity. Envalor expressly objects to the validity of such customer conditions that have not been expressly agreed upon, even for the future. Section 305b of the German Civil Code (BGB) remains unaffected.
The offers made by Envalor on the platform or in text form are non-binding. The contract with the customer is concluded only when Envalor confirms the conclusion of the contract in text form to the customer or when the customer has successfully completed the payment process.
3.1
Envalor owes the mediation of offsetting measures by purchasing and retiring emission reduction certificates within the agreed scope through certification and mediation agencies Clean Development Mechanism (CDM) of the United Nations Framework Convention on Climate Change (UNFCCC), Gold Standard, or VERRA. Unless otherwise agreed, Envalor decides at its reasonable discretion within the categories and standards selected by the customer, for which of the projects participating at CDM, VERRA, or Gold Standard the emission reduction certificates are purchased. Envalor carefully selects the projects but does not guarantee that the selected project actually saves or verifiably offsets the emissions underlying the certificate. Envalor is not liable for the accuracy and completeness of the project data transmitted by the certification and mediation agencies.
3.2
Envalor generates a custom landing page for the customer, on which the project for which the emission reduction certificates were purchased, the amount of CO2 equivalent (in kilograms) corresponding to the emission reduction certificates, and the Envalor ID of the purchased emission reduction certificates assigned to the serial numbers granted by the certification and mediation agency are mentioned. The URL to this landing page is displayed once after the order process is completed. Envalor sends the URL to this landing page to the customer by email if the customer provides his name and email address during the ordering process on the platform.
3.3
The service results from Envalor are not suitable for use in the creation of emission reports under TEHG or other governmental regulations for emissions trading or as a report or basis for the non-financial part of the annual management report under § 289c of the German Commercial Code (HGB) or to fulfill other legal obligations of the customer.
4.1
The fee is due upon conclusion of the contract and must be paid no later than 14 days after receipt of the invoice.
4.2
Invoices are issued exclusively electronically. The customer agrees to receive the invoices in PDF format by email.
4.3
Payment is processed by the payment service provider Stripe Payments Europe, Limited, an Irish company based at c/o A&l Goodbody, Ifsc, North Wall Quay, Dublin 1, registration number 513174 (hereinafter referred to as "Stripe"). Stripe may use other payment service providers for processing payments, for which special payment conditions may apply, about which the customer will be separately informed.
5.1
Envalor may process customer or personal data within the meaning of Art. 4 No. 2 of the EU General Data Protection Regulation, as far as this is necessary to enable the customer to use the contractually owed services or to invoice the agreed fees. Envalor is entitled to make data necessary for the execution of the contract available to cooperation partners for the processing of the services. This includes in particular affiliated companies, service providers for data communication and IT support, and payment service providers.
5.2
Envalor ensures that all personal data are protected from unauthorized access or insight by third parties.
6.2
The contract is subject to the law of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
6.3
If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from and in connection with the contract is Munich (Germany), unless a mandatory exclusive place of jurisdiction is established by law. This agreement on the place of jurisdiction does not apply to the dunning procedure.
6.4
All collateral agreements, changes, or declarations related to or in connection with the contract require text form, unless a stricter form is contractually or legally prescribed.
6.5
Should any of the provisions of these GTC or other contract components be invalid, or should the contract including these GTC as a whole contain a gap, the validity of the remaining contractual provisions shall not be affected. Insofar as the invalidity of the contractual provision does not result from legal regulations that serve to protect a contracting party, the invalid provision shall be replaced by a valid one and a missing one shall be added in such a way that the expressed will of the contracting parties and the purpose of the contract are largely met.
End of Terms and Conditions