General Terms and Conditions

§ 1 Scope and Contractual Partner

(1) These General Terms and Conditions (hereinafter "GTC") apply to all contracts concluded between

GreenPlanVision
Bernhard Mike Petrovic
Av. Octavio Paz 12, Portal 1, Esc. 1, 4ºE
29190 Málaga, España
E-Mail: info@greenplanvision.com
VAT ID: ESX2101427D

(hereinafter "Provider") and the customer (hereinafter "Customer") via the website www.greenplanvision.com.

(2) These GTC shall apply exclusively. Deviating, conflicting or supplementary terms and conditions of the Customer shall only become part of the contract if the Provider has expressly agreed to their applicability in writing.

(3) These GTC are structured as follows:

• Part A – General provisions (apply to all services)
• Part B – Advisory and distribution mandates with entrepreneurs
• Part C – Consumer contracts for services

In the event of conflict, the special provisions (Parts B and C) prevail over the general provisions (Part A).

§ 2 Definitions

(1) An Entrepreneur within the meaning of these GTC is a natural or legal person, or a legal partnership with legal capacity, who acts in the exercise of their commercial or independent professional activity when concluding the contract (§ 14 German Civil Code, BGB).

(2) A Consumer within the meaning of these GTC is a natural person who concludes the contract for purposes that are predominantly neither attributable to their commercial nor their independent professional activity (§ 13 German Civil Code, BGB).

§ 3 Conclusion of contract

(1) The presentation of services on the website is not a binding offer. It invites the customer to make an enquiry (invitatio ad offerendum). The website has no shopping cart and no button labelled “order with obligation to pay”.

(2) A contract is concluded in the following steps:

1. The customer describes the project via the contact form, by email, or by booking an introductory call.
2. The provider sends an individual offer in text form. It states the service, the fee and, where agreed, the term.
3. The contract is formed when the customer accepts the offer in text form, usually by email.
4. A customer account on this website is not part of the contract.

(3) The provider stores the contract text and sends it to the customer by email together with these terms and the notice of acceptance.

(4) The language of the contract is German, unless the individual offer names another language. If language versions of these terms differ, the German version prevails.

§ 4 Prices and payment

(1) The website does not state binding list prices. Fees, expenses and statutory VAT are set out in the individual offer.

(2) Payment is typically by bank transfer to the account named in the offer or the invoice. Due date and account are stated there. No payment service provider is embedded on this website. A named payment service provider appears only if an individual offer names one; that provider’s terms then apply in addition. The provider does not store full payment-card numbers.

(3) The total price including VAT is shown in the offer before acceptance. For intra-Community services to entrepreneurs the reverse-charge mechanism may apply. The tax treatment in the individual case is a matter for the customer and the customer’s tax adviser.

(4) The provider issues invoices electronically (PDF by email).

(5) If the customer is in default, the statutory rules apply. Towards entrepreneurs the provider may claim default interest of 9 percentage points above the base rate (§ 288 (2) BGB).

(6) No subscription is concluded through this website.

§ 5 Liability

(1) The Provider shall be liable without limitation for damages arising from injury to life, body or health, as well as for intentional conduct and fraudulent concealment of defects.

(2) In the event of a breach of material contractual obligations (cardinal obligations), the Provider shall also be liable for slight negligence, but limited to the foreseeable damage typical for the contract.

(3) In all other cases, liability for slight negligence is excluded.

(4) The above limitations of liability shall also apply in favour of the Provider's vicarious agents.

§ 6 Data Protection

(1) The Provider processes personal data exclusively in accordance with the GDPR and the Spanish LOPDGDD (Ley Orgánica 3/2018).

(2) Details are set out in the separate Privacy Policy .

(3) Hosting is GDPR-compliant on servers in Germany (EU).

§ 7 Confidentiality

The Provider shall treat all information obtained from the Customer within the scope of the contractual relationship as confidential and shall not disclose it to third parties, unless the Customer has consented or the Provider is legally obliged to disclose it.

§ 8 Dispute Resolution

(1) The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr/

(2) The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board (§ 36 VSBG).

§ 9 Final Provisions

(1) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) If the Customer is an entrepreneur, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes shall be Málaga, Spain (the Provider's registered place of business).

(3) Should individual provisions be or become invalid, the validity of the remaining provisions shall remain unaffected.

(4) Amendments and supplements to these GTC require text form.

§ 10 Consulting Engagements

(1) Advisory services include, in particular, market entry into the German energy market, storage clusters and battery storage, virtual power plants, advice accompanying the formation of an energy utility, and energy law in Spain. Distribution of XCharge GridLink for the Spanish market becomes part of the contract only if the offer says so expressly. The manufacturer of the station is XCharge Europe GmbH.

(2) Scope, term, remuneration and termination modalities are agreed in an individual consulting contract.

(3) The Provider owes an activity, not a result. The consulting is based on the information known at the time of service provision and the professional assessment of the Provider.

(4) There is no statutory right of withdrawal towards entrepreneurs within the meaning of § 14 BGB. If a private individual concludes a distance contract for a service, § 12 applies.

§ 11 Applicability to consumers and entrepreneurs

(1) Services may be commissioned by entrepreneurs (§ 14 BGB) and by consumers (§ 13 BGB). A contract with a consumer is formed only if the offer is addressed to a private individual, in particular for an assessment of home storage.

(2) The specific scope of services follows solely from the individual offer.

§ 12 Right of withdrawal for consumers

Withdrawal Instructions

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract.

To exercise your right of withdrawal, you must notify us

GreenPlanVision – Bernhard Mike Petrovic
Av. Octavio Paz 12, Portal 1, Esc. 1, 4ºE, 29190 Málaga, España
Email: info@greenplanvision.com

by means of a clear declaration (e.g. a letter sent by post or an email) of your decision to withdraw from this contract.

To meet the withdrawal deadline, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse all payments received from you without undue delay and no later than fourteen days from the day on which we received the notification of your withdrawal from this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction; in no event will you be charged any fees for this reimbursement.

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 at which you notify us of the exercise of the right of withdrawal, compared to the total scope of the services provided for in the contract.

Premature Expiry of the Right of Withdrawal

The right of withdrawal expires prematurely if the service has been fully performed and the consumer expressly consented and confirmed before the commencement of performance that their right of withdrawal expires upon complete performance of the contract (§ 356 para. 4 no. 2 German Civil Code, BGB).

Model Withdrawal Form

(If you wish to withdraw from the contract, please complete this form and return it.)

To: GreenPlanVision – Bernhard Mike Petrovic, Av. Octavio Paz 12, Portal 1, Esc. 1, 4ºE, 29190 Málaga, España, Email: info@greenplanvision.com

I/We (*) hereby withdraw from the contract concluded by me/us (*) for the provision of the following service (*)

Ordered on (*): __________
Name of the consumer(s): __________
Address of the consumer(s): __________
Date: __________
Signature (only for paper notification): __________

(*) Delete as applicable.

§ 13 Forecasts and warranty

(1) The provider performs services in line with the state of the art and on the basis of the information supplied by the customer.

(2) Yields, storage revenues and economic calculations are forecasts. They are not warranted figures.

(3) The limitation period for defect claims is two years for consumers and one year for entrepreneurs from acceptance of the service.

(4) Statutory rights of consumers remain unaffected.