Terms of service
§ 1 User
The user of these GTC is deemed to be:
PQ Wirt GmbH
Registration number: 129623
Register court: Local court Hamburg
§ 2 Scope of application
These General Terms and Conditions apply to all legal transactions between the User and a consumer (according to § 13 of the German Civil Code, a "natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity").
§ 3 Conclusion of contract and storage of the contract text
The provisions of these GTC apply to orders which consumers conclude via the website www.shop4tesla.com of the online store Modellshop.
The contract is concluded with the user (see § 1).
The presentation and description of the goods on the website of the Modellshop www.shop4tesla.com does not constitute a contract offer.
By ordering a product by clicking on the button "order with costs" at the end of the ordering process, a consumer makes a binding offer to conclude a purchase contract. Only with the dispatch of an order confirmation by e-mail by the user, the contract is concluded.
The text of the contract is stored for orders. Consumers receive an e-mail with the order data and the applicable terms and conditions. After conclusion of the contract, the order data can no longer be viewed online.
§ 4 Payment
The statutory sales tax and other price components are included in the prices shown. Shipping costs are not included in the displayed price and may be additional.
When shipping to non-EU countries, additional taxes or costs (e.g. customs duties) may be incurred in connection with your order, which will not be paid by us or invoiced by us, but must be paid by you directly to the relevant customs or tax authorities. For details, please contact the respective competent authorities.
The following payment options are available to consumers:
- Bank transfer
- Credit card
- Apple Pay
- Google Pay
§ 5 Delivery, delivery restrictions
Delivery is made - unless the description of a selected product explicitly states otherwise - within 3 business days.
This period begins to run on the day after the payment order is placed.
§ 6 Transfer of risk
The risk of accidental deterioration or accidental loss of the goods shall remain with the User until the goods are handed over and shall pass to the Consumer upon handover.
§ 7 Retention of title
The User shall retain title to the goods until the purchase price has been received in full.
§ 8 Warranty
The statutory warranty provisions shall apply.
For the utilization of GHG quotas offered by PQ Wirt GmbH.§1Subject of the GTC
(1) PQ Wirt GmbH, Bäckerbreitergang 12, 20355 Hamburg (hereinafter "Provider"), provides a platform (hereinafter "Platform") for an uncomplicated assertion and marketing of the right regarding the greenhouse gas reduction quota for battery-powered vehicles and non-public charging points (hereinafter "GHG Quota"). This pooling activity (bundled marketing) is based on the amendment of the 38th Federal Immission Control Ordinance, which came into force on 01.01.2022.
(2) Operators of non-public charging points within the meaning of the Charging Station Ordinance who are owners of road vehicles with electric drives (hereinafter "electric vehicles") have the opportunity to register on the platform in order to exercise their right to assert and market the right regarding the GHG quota.
(3) These General Terms and Conditions (hereinafter referred to as "GTC") govern the provision of the Services by the Provider and the use of these Services and transfer of rights regarding THG Quotas by the Platform Users (hereinafter referred to as "Users"). They apply exclusively between the Parties. Any general terms and conditions of customers are hereby expressly rejected. All references refer to provisions of these GTC, unless otherwise stated herein.
§2 Registration on the platform; conclusion of contract
(1) The Provider offers both consumers within the meaning of § 13 BGB (hereinafter referred to as "Private Users") and entrepreneurs within the meaning of § 14 BGB (hereinafter referred to as "Business Users") the opportunity to register on the Platform free of charge.
(2) The prerequisite for the registration of a Private User is that the Private User is a natural person of legal age who is resident in Germany.
(3) The prerequisite for the registration of a Corporate User is that it is a company with its registered office in Germany.
(4) The presentation of the registration option is only a non-binding invitation to submit an offer to the Provider, so that the User has no claim against the Provider for registration.
(5) In order to register on the platform, the User must enter the information requested in the input mask. He must then click the "Send registration" button and confirm the validity of the GTC.
§ 3 Rights, duties and liability of the user
(1) The user is given the opportunity on the platform to register electric vehicles for claiming the GHG quota.
(2) The user is obliged to provide only truthful information and to ensure that his data is up to date and correct, and must in particular be authorized to dispose of the right to claim and market the GHG quota (cf. Section 1 (1) and (2)).
(3) The user is prohibited from making multiple use of his right to claim and market the GHG quota for the same period.
(4) The user shall be liable for all damages incurred by the provider due to the fact that the user has intentionally or grossly negligently provided false information.
§4 Registration of an electric vehicle
(1) Electric vehicles whose registration certificate Part I (hereinafter: "ZLB") indicates "electric" for the fuel are eligible for registration (code: 0004). Hybrid vehicles are expressly not eligible for registration.
(2) To register, the User must upload a mutually legible copy of its ZLB on the platform. This must show that the User is the owner of an electric vehicle pursuant to § 4 (1).
(3) The Provider shall check the information provided, in particular the ZLB, with a reasonable effort for the Provider, e.g. by means of IT-supported evaluation processes, and inform the User about the outcome of the check. Only after confirmation by the Provider shall the transfer of the right to assert and market the right with respect to the GHG quota be deemed to have taken place.
§5 Transfer of the right to market
(1) With the upload of his ZLB, the user transfers all rights with regard to the assertion and marketing of the GHG quota for the vehicle named in the respective ZLB to the provider. The period for which the transfer takes place shall be governed by § 7 (2).
(2) The supplier shall offer the rights transferred pursuant to Section 5 (1) in its own name and for its own account to purchasers for further assertion and marketing of the GHG quota.
(3) The Provider shall use its best efforts to market or exploit this right to assert and market the GHG quota at the highest possible price. In doing so, it shall be at the exclusive discretion of the Provider to decide on the price, the time and the manner of marketing or exploitation of the right. In particular, the provider has no influence on the price dynamics in the greenhouse gas reduction market.
(4) The successful assertion and marketing of the right with regard to the GHG quota depends, among other things, on the competent authority confirming the existence of the right.
§6 Payment of the proceeds
The User shall receive a monetary amount from the Provider for the transfer of its right to assert and market the GHG quota, which shall be the total proceeds of the marketing less the costs and remuneration specified by the Provider upon conclusion of the contract and, in the case of corporate Users, any additional statutory taxes.
§7 Term of contract; termination
(1) The contract regarding the pure registration on the platform according to § 2 is concluded for an indefinite period of time. It may be terminated by either party with two weeks' notice to the end of the month.
(2) If a user registers his electric vehicle on the platform in order to thereby transfer his right to claim and market the GHG quota, the registration period shall end on 31.12. of the respective current calendar year. In case of a registration until 31.12.2021, the registration period ends exceptionally on 31.12.2022. The user has the right to register his electric vehicle directly for several periods and thus to transfer his right to claim and market the GHG quota for these additional periods.
(3) The Provider shall be entitled to extraordinary termination without notice for good cause. Such cause shall be deemed to exist, in particular, if the User has made untruthful statements contrary to § 3 (2) and/or was not authorized to dispose of the right to assert and market the respective GHG quota registered by him.
(4) If the contract is terminated before the end of the registration period selected in each case after the user has already transferred his right(s) to assert and market the GHG quota to the provider, the provider shall remain entitled to assert and market the transferred GHG quotas; i.e. there shall be no re-transfer, but an assertion and marketing of the quota for the registration period registered in each case. In particular, the user may not make use of already transferred rights either himself or with the help of a third party (cf. § 3 para. 3). If the proceeds are paid out, the Provider shall transfer them to the User (in accordance with these GTC) despite the termination of the contract to the bank account previously indicated on the platform. The amount of these proceeds shall be governed by § 6.
§8Deregistration of the electric vehicle with the Provider
(1) The User has the right to deregister the electric vehicle registered on the platform. In this case, the effects of § 7 para. 4 come into effect. The User can only re-register the respective electric vehicle for the next registration period, if desired.
(2) The User is obliged to notify the Provider immediately if he is no longer the owner of the vehicle.
§9 Limitation of liability
(1) The Provider shall be liable without limitation for damages caused by the Provider or by their legal representatives, executive employees or simple vicarious agents intentionally or through gross negligence.
(2) In other cases, the Provider shall only be liable - unless otherwise stipulated in paragraph 4 - in the event of a breach of a contractual obligation, the fulfillment of which is a prerequisite for the proper execution of the contract and on the observance of which the User may regularly rely (so-called cardinal obligation), limited to compensation for the foreseeable and typical damage.
(3) The restrictions of paragraphs 1 and 2 shall also apply in favor of the legal representatives, executive employees and simple 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 in the case of fraudulent intent, in the case of damage resulting from injury to life, body or health, in the case of the assumption of guarantees or other liability without fault, or for claims under the Product Liability Act.
§10 Form and language of declarations; contract text storage
(1) All declarations made within the framework of the contractual relationship shall be made electronically (e.g. via the contact options on the platform), unless expressly stated otherwise in these GTC or mandatory applicable statutory provisions require a different form of communication.
(2) Before sending a contract-relevant declaration, the user is given the opportunity to check his input and correct any input errors by clicking the "back" button and re-entering the respective information. In addition, the user can edit his details at any time in his profile set up after registration.
(3) The contract language is German. The text of the contract will be stored by the provider for three years from the conclusion of the contract.
§11 Online dispute resolution for consumers (§ 13 BGB) and participation before consumer arbitration boards
(1) The EU Commission provides a platform for online dispute resolution on its website under the following Internet link: http://ec.europa.eu/consumers/odr
This platform serves an out-of-court settlement of disputes arising from online purchase or online service contracts in which a consumer is involved as a buyer or service beneficiary.
(2) The provider is neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.
§12 Changes to the GTC
(1) The Provider reserves the right to change these GTC at any time with effect also within the existing contractual relationships, insofar as
a) this is necessary for valid reasons, in particular due to a changed legal situation or supreme court rulings, technical changes or further developments, regulatory gaps in the GTC, changes in market conditions or other equivalent reasons and does not unreasonably disadvantage the user, and
b) the changes do not alter the essential business features of the contract, in particular the paid services owed by the Provider.
(2) The Provider shall notify the User of such changes at least two (2) months before the planned entry into force of the changes. The User may either agree to the changes prior to their planned entry into force or reject the changes. The User shall be deemed to have given his consent if he has not indicated his rejection before the planned entry into force of the changes. The Provider shall specifically draw the User's attention to this approval effect in its offer.
(3) If the User rejects the changes, both parties have the right to terminate the business relationship extraordinarily. The Provider shall separately inform the User of this mutual extraordinary right of termination within the scope of the notification of changes.
§13 Applicable law
These GTC shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
§14 Place of jurisdiction
If the user is a merchant, the place of jurisdiction for all disputes arising from these GTC is the registered office of the provider.
Cancellation policy for consumers in the sense of § 13 BGB
You have the right to revoke this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
To exercise your right of withdrawal, you must send us
PQ Wirt GmbH, Bäckerbreitergang 12, 20355 Hamburg, Germany
Represented by Nicolas Pliquett
by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the attached sample withdrawal form, which is not mandatory.
The legislator provides the following model withdrawal form in Annex 2 to Article 246a § 1 (2) sentence 1 number 1 and § 2 (2) number 2 EGBGB:
PQ Wirt GmbH, Bäckerbreitergang 12, 20355 Hamburg, Germany.
Represented by Nicolas Pliquett
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/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 in case of notification on paper)
If you make use of this option, we will send you confirmation of receipt of such revocation without delay (e.g. by e-mail).
To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of 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 for this repayment.
If you have requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
End of the cancellation policy