Unofficial English translation — not legally binding
This page is provided for information only. In case of any discrepancy, the German version at /agb prevails.
Terms and conditions
Effective 11 June 2024
§1 Scope
These General Terms and Conditions ("Terms") apply to all services provided by ... ("Operator") to its contractual partners ("Client"). A Client is any visitor to this website who wishes to order an energy performance certificate or has already ordered one through this website.
§2 Contractual partner
..., ..., ..., commercial register: Local Court Freiburg, HRA 708548, operates this website under the brand ... and is therefore the contractual partner.
§3 Offer
The presentation of products on this website does not constitute a legally binding offer but an invitation to order.
§4 Conclusion of contract
By ordering an energy performance certificate and clicking "Order with obligation to pay", a purchase contract is formed under these Terms. By initiating the order process, you confirm that you have read and agree to the contractual conditions.
§5 Subject matter
Under these Terms, the Client enters into a contractual relationship regarding the creation of an energy performance certificate. The subject matter is the issuance of energy performance certificates for residential and non-residential buildings under the German Building Energy Act (GEG).
§6 Warranty
Once all data has been received, the certificate will be issued and delivered to the Client electronically or in writing. If a certificate cannot be issued for a building, the Operator will inform the Client. If a certificate is incorrect, the Operator will correct it.
§7 Client obligations
The Client must provide all building data truthfully. Data collection is carried out by the building owner or a person authorised by the owner. If review of the data submitted raises concerns about whether a certificate may be issued, the Operator will inform the Client.
§8 Right of withdrawal by Operator
There is no obligation to issue a certificate. The Operator may withdraw from or cancel an order without giving reasons. Any claims for damages by the Client are excluded in such cases.
§9 Prices
(1) Unless otherwise agreed individually, the Operator's price lists valid at the time of contract conclusion apply.
(2) Prices shown on product pages include statutory VAT and other price components.
(3) If special requests by the Client cause additional effort, the Operator may charge this extra work on an hourly basis according to the current price list.
§10 Payment
(1) The Client may pay by invoice or credit card (Visa / Mastercard). Credit card payments are processed with Stripe Payments Europe, Limited ("Stripe"). Stripe's terms of use are available here. Your personal data is handled in accordance with Stripe's privacy policy.
(2) Payment is due by the date stated on the invoice.
(3) If the Client is in default of payment, the Operator may charge statutory default interest. The obligation to pay default interest does not exclude claims for further default damages.
§11 Liability for defects
If the subject matter of purchase is defective, statutory provisions apply. Assignment of these claims by the Client is excluded. Further claims by the Client — regardless of legal grounds — are excluded. The Operator is therefore not liable for damages not arising on the delivered item itself, in particular not for lost profit or other financial loss.
Right of cancellation (consumer information)
Right of cancellation
You have the right to cancel this contract within fourteen days without giving reasons. The cancellation period is fourteen days from the day of contract conclusion. The right of cancellation does not apply to individually created energy performance certificates prepared under the Building Energy Act for a specific building based on object-specific building data and therefore meeting the requirements of § 312g para. 2 no. 1 German Civil Code (BGB). The right of cancellation therefore does not apply to issued certificates. To exercise your right of cancellation, you must inform us, ..., ..., ..., ..., by a clear statement (e.g. letter sent by post or e-mail) of your decision to cancel this contract. You may use the attached model cancellation form, but it is not mandatory.
Effects of cancellation
If you cancel this contract, we will reimburse all payments received from you, including delivery costs (except additional costs arising if you chose a delivery method other than our cheapest standard delivery), without undue delay and at the latest within fourteen days from the day we receive notice of your cancellation. We will use the same payment method you used for the original transaction unless expressly agreed otherwise; you will not be charged fees for such reimbursement.
We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent them back, whichever is earlier. You must return or hand over the goods without undue delay and in any event no later than fourteen days from the day you inform us of cancellation. The deadline is met if you send the goods before the fourteen-day period expires. You bear the direct cost of returning the goods.
End of cancellation policy
Model cancellation form
(If you wish to cancel the contract, please complete and return this form.) To ..., ..., .... I/We hereby cancel the contract I/we concluded for the following service: _____________________. Service received on: _____________________. Name of client(s): _____________________. Address of client(s): _____________________.