§ 1 Scope, Definitions

(1) These terms and conditions regulate the use of the app for the sale of greenhouse gas reduction quotas (hereinafter "GHG quotas") with the provider eQuotNow UG (limited liability), Adlzreiterstr. 30, 80337 Munich (hereinafter "App" or "We") by customers (hereinafter "Customer" or "You"). By using the app, you accept these terms and conditions.

(2) The customer is a consumer within the meaning of § 13 BGB, insofar as the purpose of the ordered deliveries and services cannot be attributed predominantly to his commercial or independent professional activity. On the other hand, according to § 14 BGB, 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 Description of Services

(1) The app allows customers to sell their GHG quotas. 

(2) We buy the GHG quotas and have the bundled CO2 savings certified by the Federal Environment Agency. We then sell the emissions saved to companies that are subject to quotas.

 

§ 3 Registration

(1) In order to be able to use the app, customers must first register. Registration takes place by entering the customer's personal data.

(2) This data will be treated confidentially by us and will only be saved for the purpose of using the app.

(3) The customer is obliged to keep his registration data up to date and truthful.

 

§ 4 Conclusion of contract, sale of GHG quotas

(1) GHG quotas are sold via the app by accepting the app’s offer. The customer must accept the terms and conditions, as well as the cancellation policy and data protection declaration, and upload a picture or scan of the vehicle registration document. The final contract is in German.

(2) The customer is responsible for ensuring that he is entitled to sell the GHG quotas offered. The app assumes no responsibility for the accuracy of this information.

(3) The customer is prohibited from misusing the app. Multiple accounts are prohibited. In the event of violations of this, we reserve the right to block the account.

(4) The customer is obliged to inform us by email (support@equotnow.de) within a period of 3 months if his vehicle has been sold.

 

§ 5 Payment by bank transfer or Paypal

(1) For the payment of the sales proceeds, customers can choose between transfer to a bank account or payment via PayPal.

(2) For payment by bank transfer, the app requires the customer's bank details. For payment via PayPal, the app requires the customer's email address, which is linked to the PayPal account. There is a fee for payment via Paypal, which is to be borne by the customer. The current fees are shown here:www.paypal.com/de/webapps/mpp/merchant-fees 

(3) Payment will be made after the registered vehicles have been certified by the Federal Environment Agency. We expect the confirmations two to six weeks after submission and then market the quota bundles to buyers who are subject to quotas. The greenhouse gas quota can then be paid out. We will announce the outgoing payment by e-mail.

(4) There are no additional fees for the payment.

(5) If certification according to paragraph 3 is rejected or no payment is made to us by the company subject to the quota for other reasons, we are released from the payment to the customer.

(6) Customers have the option to donate a portion of their GHG Premium. Either for the expansion of the charging infrastructure, where we determine where the money will be donated, or for environmental protection to an environmental protection project of our choice. Further information is available at:www.equotnow.de/spender 

 

§ 6 Restrictions on Payout

The app reserves the right to limit or refuse payments if the customer violates these GTC or applicable law or if there are doubts about the identity of the customer or the authenticity of the vehicle registration document. The app is entitled to request additional documents or proof from the customer in order to check the payment.

 

Section 7 Tax Obligations

Customers are obliged to fulfill their tax obligations independently and, if necessary, to pay taxes on their income from the sale of GHG quotas. The app assumes no liability for the fulfillment of tax obligations by customers. According to the current legal situation, the sale of the GHG quota is tax-free for private individuals.

 

§ 8 Fees

(1) Customers can use the app free of charge.

(2) However, a fee of 8% of the proceeds from the sale of the GHG quota plus a fee of 4% for German customers and 8% for Austrian customers will be charged for the sale of GHG quotas, which will be deducted by us from the payout amount to the customer is automatically deducted.

(3) The price information in the app only represents a reference/estimated value. The decisive factor is the remuneration actually paid to us, which we pass on to you minus the commission according to paragraph.

 

§ 9 Liability

(1) Customer claims for damages are excluded. Excluded from this are claims for damages by the customer from injury to life, limb, 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 us, our legal representatives or vicarious agents . Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

(2) In the event of a breach of essential contractual obligations, we shall only be liable for the contractually typical, foreseeable damage if this was caused simply by negligence, unless the customer is concerned with claims for damages resulting from injury to life, limb or health.

(3) The app assumes no liability for damage resulting from the use of the app. In particular, the app is not liable for damage resulting from incorrect or incomplete information provided by customers.

(4) The restrictions also apply in favor of our legal representatives and vicarious agents if claims are asserted directly against them.

 

§ 10 Data Protection, Contacting Customers

(1) The app undertakes to comply with the applicable data protection regulations. Personal data is only collected, processed and used for the purpose of using the app. The data will be treated confidentially and will not be passed on to third parties. The data protection declaration, which can be called up at any time via the app, regulates the details.

(2) The customer agrees that we may remind them of the annual new application for the GHG quota using the existing contact information. The consent is given with the terms and conditions, but can be revoked by the customer at any time by notifying us.

 

Section 11 Intellectual Property

(1) All rights to the app, in particular copyrights, trademark rights and other property rights, belong to the app or its licensors. Customers are not entitled to reproduce, distribute or otherwise use the app or parts thereof, unless this is expressly permitted in these GTC.

(2) The customer is not entitled to resell our services to third parties.

 

§ 12 Expiry of the right of withdrawal

Entrepreneurs have no right of withdrawal. Customers who are consumers acknowledge that the right of cancellation expires when the service has been rendered in full and that we may begin to provide the service before the cancellation period has expired. Otherwise, reference is made to our cancellation policy.

 

§ 13 Term

When the contract is concluded, the GHG quota is only applied for for one year. There is no contract extension for subsequent years. However, the customer can make use of our services every year.

 

§ 14 Availability

The app is made available as part of the technical and operational possibilities. The app is entitled to temporarily restrict or completely discontinue the availability of the app, especially in the case of maintenance work, technical faults or other reasons that are beyond the app's control.

 

§ 15 Affiliate Program

(1) The app offers an affiliate program that enables customers to encourage other users to use the app and receive remuneration for doing so.

(2) For each friend who registers with eQuotNow using the customer's personal invitation link and successfully registers their first vehicle, you will receive a bonus of 15% of our profits. You can access the personal invitation link by clicking on one of the green buttons in the app below the portfolio overview or in the profile, or by clicking on the menu item "Invite friends now" in the settings. Then simply share it with friends, e.g. B. via WhatsApp, Facebook or SMS.

(3) Special affiliate program for customers who are companies and/or influencers: Influencers and companies receive a commission that has been agreed in a separate contract. In addition, users can enter a partner's code in the app and receive a bonus of 5% of our profit.

(4) In the event of misuse of the affiliate program or violation of legal provisions when using it, we reserve the right to refuse the payment of the bonus according to paragraph 2.

(5) The affiliate program can be discontinued at any time without giving reasons.

 

Section 16 Applicable Law

These GTC are subject to German law. The legal regulations on the restriction of the choice of law and the applicability of mandatory regulations, in particular of the state in which the customer as a consumer has his habitual residence, remain unaffected.

 

Section 17 Place of Jurisdiction

The place of jurisdiction for all disputes in connection with the use of the app is Feldkirchen (Bavaria) if the customer is a merchant, a legal entity under public law or a special fund under public law.

 

§ 18 written form

Subsidiary agreements, changes or additions to these GTC must be in writing to be effective.

 

§ 19 Contact

If they have any questions, suggestions or complaints, customers can contact us using the contact details provided in the app.

 

§ 20 Arbitration

(1) The EU platform for out-of-court online dispute resolution can be reached at the following Internet address:

https://ec.europa.eu/consumers/odr/ 

(2) We are neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.

 

§ 21 Changes to the General Terms and Conditions

(1) The app reserves the right to change or supplement these GTC at any time, insofar as this is necessary to adapt to changed legal or technical framework conditions.

(2) The changed terms and conditions will be communicated to the customer by e-mail or in another suitable way.

(3) If the customer does not object to the changed terms and conditions within 30 days of receipt of the notification, the changed terms and conditions are deemed to have been accepted.

 

Section 22 Severability Clause

Should individual provisions of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision will be replaced by a provision that comes closest to the purpose of the invalid provision.

 

 

As of March 18, 2023