1 . Contract, Conclusion of Contract and Contract Components
The General Terms and Conditions for THG Quota Marketing regulate the option granted by Autohaus Anders GmbH, Autohaus Sieg GmbH and Anders Automobile GmbH (hereinafter referred to as the Contractor) to the Customer to use the THG Quota and the associated services.
The contract is concluded as follows:
The customer makes a binding offer to use the GHG quota on the website for the current calendar year by entering the requested information, surname and first name, address and e-mail address, and confirming the following items by clicking on checkboxes:
Until the registration is completed in the last step of the platform, the customer can cancel the process at any time by not tapping the last confirmation button ("Submit").
The customer receives a message about the successful registration and uploading of the registration certificate to the e-mail address entered by him. By sending this e-mail, the contractor accepts the offer.
2. contract term,
The contract is concluded for the periods specified in the offer. It ends automatically, without the need for termination, at the end of the corresponding year.
3. obligations of the customer
The Customer shall designate the Contractor as a third party within the meaning of § 37a Para. 6 BImSchG for electrical power that is drawn or has already been drawn from the grid for use in road vehicles with electric drives.
The Customer authorizes the Contractor to designate other third parties to use the electric power used by the Customer in road vehicles with electric drive (energetic quantity) as third parties within the meaning of § 37a para. 6 BImSchG for the use of GHG quotas under this Contract for GHG quota fulfillment.
In this respect, the Customer also consents to the disclosure of the data by the Contractor to a third party who is designated by the Contractor as a third party within the meaning of § 37a Para. 6 BImSchG in accordance with Item 1.1.
Customer represents and warrants that the electric power (energetic quantity) used through its charging points in on-road electric vehicles is not otherwise certified by the Federal Environmental Agency as a GHG quota and/or is being or has been used to meet the GHG quota obligation.
The Customer shall ensure the records required to obtain the certification of the GHG quotas by the Federal Environmental Agency in accordance with the legal requirements and shall transmit them and the documents required for the certification of the GHG quotas by the Federal Environmental Agency to the Contractor.
At the request of the Federal Environment Agency, the customer shall immediately provide the contractor or a third party named by the contractor with the notification to the Federal Network Agency of the installation of a charging point.
4. Duties of the contractor
The Contractor shall provide the following services for the Client's public charging points and electric vehicles:
If the Federal Environment Agency rejects the certification for certain energetic quantities, the Contractor shall inform the Customer. A claim to remuneration does not arise for these energetic quantities.
The Contractor is entitled to engage other third parties for the fulfillment of these obligations.
The Contractor shall be entitled to disclose to other third parties data necessary for the performance of this Contract and the marketing of GHG quotas under this Contract.
5. Payment
For the GHG quota certified by the Federal Environment Agency, the customer receives a credit note from the contractor in the amount agreed upon when the contract was concluded. The agreed amount already includes any applicable value added tax. The credit note can be issued by the Contractor itself or by a third party commissioned by the Contractor, who invoices in the name of and for the account of the Contractor.
6. Liability
In all other respects, the Contractor shall only be liable if the damage results from culpable injury to life, limb or health or if the damage is based on an intentional or grossly negligent breach of duty by a party, its legal representatives and its vicarious agents. The Contractor shall also be liable in the event of culpable breach of material contractual obligations, but in the event of slight negligence, the amount of liability shall be limited to the damage typical for the contract and foreseeable at the time of conclusion of the contract. Material contractual obligations are those whose fulfillment characterizes the contractual relationship and on which the customer may rely.
Any further legal limitations of liability (e.g. according to TMG or comparable standards) shall remain unaffected.
Insofar as liability is excluded or limited above, this shall also apply with regard to the personal liability of the Contractor's employees, staff and bodies as well as their vicarious agents including their employees, staff and bodies.
The provisions of the Product Liability Act shall remain unaffected.
7. Privacy
Within the framework of the contractual relationship existing between the customer and the contractorthe data required for the performance of the contract will be collected, stored and processed in compliance with the applicable data protection provisions. You can find more details in the data protection information on the homepage of the contractor.
8. Final provisions
Should existing conditions or conditions supplemented in the future be or become legally invalid or unenforceable in whole or in part, the validity of the remaining GTC shall not be affected thereby. Insofar as the condition is ineffective or unenforceable, the content of the contract shall be governed by the statutory provisions. The contract shall be invalid if adherence to it would constitute an unreasonable hardship for one of the contracting parties, even taking into account the amendment provided for in the previous sentence.
In the event of disputes arising from the conclusion, performance or termination of this contract, the parties agree that the place of jurisdiction shall be Oldenburg (Autohaus Anders GmbH and Anders Automobile GmbH) and Bad Oyenhausen (Autohaus Sieg GmbH). The place of performance is Vechta (Autohaus Anders GmbH and Anders Automobile GmbH) and Minden (Autohaus Sieg GmbH). German law shall apply to the contract
9. Consumer information
Information on online dispute resolution:
The EU Commission has made available an Internet platform for the online settlement of disputes (so-called "ODR platform"). The ODR platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. The ODR platform can be accessed via the following link: http://ec.europa.eu/consumers/odr
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