1.1 SQUAKE.earth GmbH is registered with the Commercial Register of the Local Court of Charlottenburg (Amtsgericht Charlottenburg) under HRB 234303 B, with business address: Rosenthaler Str. 32, 10178 Berlin, Germany (hereinafter “we/us”).
1.2 We provide an interface for end-to-end carbon calculations and climate contributions measured in CO2 equivalents (“Climate Contributions”). Our end-customers (hereinafter “you”) have the option to purchase Climate Contributions from projects included in our marketplace.
1.3 Our Climate Contribution projects are available under https://www.squake.earth/climate-projects.
These are the general terms and conditions for the relationship between you and us when you purchase Climate Contributions through one of our services for specific purchases – whether you are a consumer or a merchant.
3 Object of the Contract
3.1 We offer the following services
(a) calculation of your personal carbon emissions (in grams of CO2), and
(b) purchase of Climate Contributions from projects that are available on our marketplace.
3.2 Based on our calculation, we offer you Climate Contributions from specific projects at the total price and scope shown on our check-out page. You accept this offer legally binding by clicking the payment button.
3.3 Before completing the transaction, we display the specific projects that you will contribute to with your purchase on our check-out page. In the unlikely event that one of the projects offered is not available anymore, we shift your Climate Contribution towards a similar project in terms of certification and price. If we are confronted with a shortage of Climate Contributions supply we offer you a refund of your Climate Contributions.
3.4 We will issue a contribution confirmation for your Climate Contributions based on the CO2 amount, price and project upon conclusion of the contract. CO2 footprints are calculated according to market standards and publicly available frameworks.
4 Your Obligations
You provide us with data and authorize us to make use of all or any such information to the extent required for the provision of the services. Furthermore, you shall ensure that all such information which is given to us was properly and lawfully obtained and may properly and lawfully be provided to us.
5 Collection of Data
We shall be entitled to rely upon information obtained from public sources and shall not in any respect be responsible for the accuracy or completeness of such information or have any obligation to verify the same.
6 Remuneration and Payment Conditions
6.1 Calculation services pursuant to section 3.1(a) are free of charge.
6.2 For Climate Contributions pursuant to section 3.1(b), we charge the price depending on the project and a net percentage administrative charge including payment fees from our payment provider. If you complete the purchase in a currency other than Euro, the administrative charge may include an exchange rate fee. We forward the Climate Contributions price less the administrative charges and less VAT directly to the respective project.
6.3 All prices include VAT to the statutory amount.
6.4 We accept payments by credit card only.
7.1 In case of intent or gross negligence of us or our agents or vicarious agents, we are liable according to the provisions of applicable law; the same applies in case of breach of fundamental contractual obligations.
7.2 Our liability for culpable damage to life, body or health shall remain unaffected.
7.3 We are only liable for the loss of data according to the above paragraphs if you could not have prevented this loss by adopting suitable data backup measures.
7.4 Any liability not expressly provided for above shall be excluded.
7.5 Claims of you based on the breach of any duty become time-barred, except in the event of intention or gross negligence, within one year from beginning of the limitation period. This shall not apply if the damage in question incurred by you consists in personal injury. Claims for personal injury become statute-barred within the statutory limitation period.
8 Revocation Policy
8.1 You have a right to cancel your order in accordance with §§ 312g, 355 BGB.
8.2 The details of such revocation policy are set out in clauses 9 and 10.
9 Right to Revocation
9.1 You have the right to revoke this contract within 14 days without giving any reason.
9.2 The revocation deadline shall be 14 days, starting from the day of the conclusion of the contract.
9.3 To exercise your right of revocation, you must inform us (SQUAKE.earth GmbH, address: Rosenthaler Straße 32, 10178 Berlin Germany; e-mail: email@example.com) of your decision to revoke this contract by means of a clear declaration sent by e-mail. You can use the revocation form attached hereto, but this is not mandatory.
9.4 To meet the deadline for revocation, it shall be sufficient that you send away the notice on the revocation of this contract prior to the expiry of the revocation deadline.
10 Effects of Revocation
10.1 If you revoke this contract, we shall refund to you all payments that we have received from you, without undue delay and at the latest within 14 days from the day on which we received the notification of your revocation of this contract.
10.2 For this repayment, we shall use the same payment mode that you have used for the original transaction, unless expressly agreed otherwise with you; in no case shall you be charged for this repayment.
11 Alternative Dispute Resolution
We do not participate in any alternative dispute resolution schemes with a customer arbitration panel and are not legally required to do so.
12 Final Provisions
12.1 You shall only have a right of set-off, reduction and/or retention against us if your counterclaim has been legally established, undisputed or acknowledged by us.
12.2 All declarations concerning this contractual relationship must be submitted in text form.
12.3 Neither party may assign any of its rights or delegate any of its duties under the contract between the parties without the prior written consent of the other party, not to be unreasonably withheld.
12.4 This contract shall be governed by and construed and interpreted in accordance with German law, excluding the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG). If you are a consumer within the meaning of Art. 6 par. 1 Rome I Regulation and have your place of jurisdiction in another member state of the European Union, the choice of German law does not deprive you of the right to invoke more advantageous consumer protection provisions applicable in your country.
Berlin, August 2022
(If you wish to revoke the contract, please complete and return this form.)
- To SQUAKE.earth GmbH, address: Rosenthaler Straße 32, 10178 Berlin Germany; e-mail: firstname.lastname@example.org:
- 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 consumer(s)
- Signature of the consumer(s) (only in case of paper communication)
(*) Delete where inapplicable.