§ 1 Scope of application, definitions

(1) These General Terms and Conditions of Sale (hereinafter: GTC) apply to all contracts concluded via our online shop between us, Silva Viridis GmbH Lena-Christ-Straße 2, 82031 Grünwald, +49 89 277 825 460, info@silvaviridis.de (hereinafter "Supplier" or "We") and you as our customer (hereinafter "Customer" or "You"). The GTC apply regardless of whether you are a consumer, entrepreneur or merchant. The version of the GTC valid at the time the contract is concluded shall apply.

(2) We do not accept deviating terms and conditions of the customer. This shall also apply if we do not expressly object to their inclusion.

(3) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.

§ 2 Customer account

(1) To purchase the CO₂ reduction service, the customer must create a simple customer account free of charge. To do so, they enter their name and email address in the registration form, choose a password of their choice and accept these GTC. Further data can be entered on the personal profile page after the customer account has been created. Each customer may only register once. The customer must be of legal age to open a customer account.

(2) After submitting the completed registration form, the customer will receive an automatically generated e-mail containing a hyperlink that can be used for authentication.

(3) The customer is obliged to choose a sufficiently secure password and to keep it secret. As soon as the customer has learnt or should have learnt that his password is accessible to a third party, he must change the password immediately.

§ 3 Conclusion of contract

(1) The presentation and advertising of items in our online shop do not constitute a binding offer to conclude a purchase contract.

(2) The customer can select products from the provider's range, in particular CO₂ reduction services, and collect them in a so-called shopping basket using the "Add to basket" button. The customer submits a binding request to purchase the goods in the shopping basket by clicking on the "Order with obligation to pay" button. Before submitting the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these terms and conditions by clicking on the "Accept terms and conditions" button and has thereby included them in his application.

(3) The provider then sends the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the application. The contract is only concluded when the provider issues a declaration of acceptance, which is sent in a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the contract text (consisting of the order, GTC and order confirmation) is sent to the customer by us on a permanent data carrier (e-mail or paper printout) (contract confirmation). The text of the contract is stored in compliance with data protection regulations.

(4) The contract shall be concluded in German.

§ 4 Delivery, availability of goods

(1) If no delivery time is specified in our online shop, the digital product is immediately available in the customer account, provided that the purchase price has been paid in advance.

(2) If online delivery is not possible at the time of the customer's order, the supplier shall inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the supplier shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.

(3) If the product specified by the customer in the order is only temporarily unavailable, the supplier shall also inform the customer of this immediately in the order confirmation.

§ 5 Prices, availability for download

(1) All prices stated on the provider's website include the applicable statutory value added tax.

(2) When purchasing CO₂ reduction services, the supplier shall make the goods available to the customer via their customer account.

§ 6 Terms of payment

(1) The customer can make payment by direct bank transfer, credit card or PayPal.

(2) The customer can change the payment method saved in his customer account at any time.

(3) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, the customer shall pay the provider interest on arrears for the year at a rate of 5 percentage points above the base interest rate.

(4) The customer's obligation to pay default interest does not preclude the provider from claiming further damages caused by default.

§ 7 Reservation of title

The delivered goods remain our property until the purchase price has been paid in full.

§ 8 Warranty for material defects, guarantee, updates

(1) The supplier shall be liable for material defects in accordance with the applicable statutory provisions, in particular in accordance with §§ 327 d-h ff. BGB. In relation to entrepreneurs, the warranty period for CO₂ reduction services delivered by the provider is 12 months.

(2) An additional guarantee only exists for the goods delivered by the supplier if this was expressly stated in the order confirmation for the respective article.

(3) Necessary updates (in particular function-maintaining updates and security updates) shall be made available to the customer by the provider or the manufacturer in accordance with Section 327f I 3 No. 2 BGB. The provider shall inform the customer of the provision. Customers are obliged to install updates that affect the security and functionality of the goods.

§ 9 Liability

(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.

(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless the customer's claims for damages are based on injury to life, limb or health.

(3) The restrictions of paragraphs 1 and 2 also apply in favour of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.

(4) The limitations of liability resulting from paragraphs 1 and 2 shall not apply if the supplier has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the supplier and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.

§ 10 Data protection

You can find detailed information on data protection with us, in particular on the scope of the processing of your data and your legal rights, in our privacy policy at: https://www.silvaviridis.de/start/datenschutz/

§ 11 Legal right of cancellation for consumers

Cancellation policy

Right of cancellation:

You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the date of conclusion of the contract.

To exercise your right of cancellation, you must inform us Silva Viridis GmbH by means of a clear statement (e.g. a letter sent by post or email) of your decision to cancel this contract. You can use the attached sample cancellation form, but this is not mandatory.

You can also electronically complete and submit the sample cancellation form or another clear declaration on our website www.co2-zertifikate-deutschland.de/widerruf. If you make use of this option, we will immediately send you a confirmation of receipt of such a cancellation (e.g. by e-mail).

To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period expires.

Consequences of the cancellation:

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 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.

Cancellation form template:

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

Silva Viridis GmbH

- I/we (*) hereby cancel 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 for notification on paper)

- date

(*) Delete as appropriate.

§ 12 European dispute resolution for consumers

(1) We refer to the online dispute resolution for consumers in accordance with Art. 14 para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/. Here you can enter into an out-of-court settlement of consumer disputes arising from online contracts.

(2) We are not willing or obliged to participate in a dispute resolution procedure before a consumer arbitration board.

§ 13 Applicable law and place of jurisdiction

(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.

(2) If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of the provider. Otherwise, the applicable statutory provisions shall apply to local and international jurisdiction.

(3) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the statutory provisions, if any. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.