T&C

re.venture GmbH

GENERAL TERMS AND CONDITIONS (GTC)

Version 1.2 from January 01. 2022

 

§ 1 Services

  1. Upon acceptance of the order for a technical-commercial energy industry services such as energy procurement and/or for the optimization of commercial energy-related costs, a service relationship arises between re.venture GmbH (re.venture) and the client (“Client”). The content and scope are based on the written agreement.
  2. re.venture advises the client in the context of renewable energy project projects. The customer is free to decide whether to accept the recommended energy supply offer. Beyond the aforementioned services, re.venture is not obliged to provide comprehensive advice and clarification with regard to the recommended offers and excludes any liability for breach of the duty to provide advice and information.
  3. A contract is concluded exclusively on the basis of these General Terms and Conditions (“GTC”). Deviating or conflicting conditions do not apply, even if they have not been contradicted in the individual case. These T&Cs also apply to all future transactions between re.venture and the Client.

§ 2 Data collection, data use, data protection

  1. re.venture treats all customer-related data on energy supply received from the customer or obtained on behalf of the customer confidentially.
  2. re.venture manages the customer’s data on local data carriers or with the help of Internet-based systems. The customer can request a comprehensive report on the stored data at any time.
  3. The customer agrees to the disclosure of the data to third parties to the extent necessary for the provision of services. This also applies to the storage and processing of customer data on third-party IT systems. re.venture will also oblige these third parties to use the data confidentially for the benefit of the customer.
  4. The customer agrees that re.venture may pass on the customer’s data to a credit agency for credit checks.
  5. re.venture may use all data to comply with legal obligations vis-à-vis authorized authorities use.

§ 3 Warranty

  1. Insofar as re.venture merely brokers services, re.venture does not become a party to the contract between the customer and the party whose service is brokered. re.venture does not assume any liability for the suitability, availability and quality of the services of third parties and for the proper execution and required performance of the contracts concluded between the Client and third parties.
  2. Insofar as re.venture itself owes the provision of a service to the customer and makes use of third parties in the provision of the service, re.venture assigns all warranty claims against the third party to the customer. The customer must first enforce warranty claims arising from defects in the third party’s area of responsibility directly against the third party. The customer’s right to withdraw from the contract remains unaffected. However, subsidiary liability of re.venture shall continue to exist under the other statutory conditions and in accordance with these GTC if satisfaction from the assigned right fails (e.g. due to final refusal by the third party) or the enforcement of the named claims against the third party is hopeless (e.g. due to insolvency). A legal claim against the third party by the customer is not necessary. During the duration of a legal dispute against the third party, the limitation period for the respective warranty claims of the customer against re.venture shall be suspended. Joint and several liability between re.venture and the third party is excluded.
  3. re.venture does not assume any liability for the accuracy and completeness of the customer’s data. The customer is solely responsible for checking the data before using the data.

§ 4 Liability

  1. In the event of negligent breach of material contractual obligation by re.venture, re.venture’s liability shall only be limited to the damages foreseeable and typical of the contract at the time of conclusion of the contract. A material contractual obligation is an obligation the fulfilment of which is essential for the proper performance of the contract in the first place and on the fulfilment of which the contractual partner regularly relies and may rely. Any further liability, including for indirect damages and loss of profit, is excluded.
  2. Liability is limited to the simple value of the underlying contract.
  3. Notwithstanding any other provision in these GTC, re.venture shall be liable to the Client without limitation in the event of intent or gross negligence and in the event of injury to life, bodily injury or health.
  4. The above limitations of liability shall also apply in the event of breaches of duty by or for the benefit of third parties for whose fault re.venture is responsible in accordance with statutory provisions.
  5. The limitations of liability set out in these Terms and Conditions do not apply to claims under data protection law.
  6. re.venture shall not be liable for errors in the reports and other measures transmitted to the customer within the scope of the agreed scope of services, or for the resulting damages, insofar as these errors are based on incorrect or incorrectly transmitted data and information on the part of the customer or third parties.

§ 5 Final Provisions

  1. If re.venture or the customer become aware of circumstances that prevent or complicate the execution of the concluded contract, re.venture or the customer is obliged to inform the other contracting party of these circumstances without delay.
  2. re.venture is entitled to transfer the rights and obligations arising from the business relationship as a whole to a third party. The transfer will only take effect with the customer’s consent. This is deemed to have been granted if the customer does not object in writing within eight weeks of the written notification of the transfer of rights and obligations.
  3. Changes and additions to the existing agreement between the Client and re.venture as well as to these General Terms and Conditions must be made in writing.
  4. Should individual provisions of the agreement with the customer, including these General Terms and Conditions, be or become invalid or unenforceable in whole or in part, or should a gap become apparent, this shall not affect the validity of the remaining provisions. The parties undertake to replace the invalid or unenforceable provision with a valid or enforceable provision that comes as close as possible to the original provision in terms of economic and technical results. The same applies to any gaps in the regulation.
  5. The place of jurisdiction for all disputes arising from and in connection with the concluded contract is Berlin.