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Terms and Conditions

 

Latest update of these terms and conditions: 18.03.2022. 

Klimate.co is owned and operated by:

Klimate ApS

Hauser Pl. 30a

1127 København K, Denmark

Company Number: DK-41057165

support@klimate.co

+ 45 41 71 84 29

Purchase of Carbon Removal Portfolios

Portfolio Distribution & Projects

Klimate buys the removal of a net amount of kilograms of CO2 from the atmosphere on behalf of its clients through different removal projects and combines it into portfolios. Klimate offers nine different portfolios composed of different projects and therefore priced differently, and there is also the option for clients to create a customised portfolio. All portfolios are available in Klimate’s website, and clients can also get a direct proposal, which is not binding and should not be considered as legal or investment advice.

The projects included in each portfolio are subject to availability and therefore are updated on a quarterly basis. In the event that some projects are not available, Klimate will find a replacement that is as close as possible to the original project. 

Price

The price for each portfolio is based on the projects from which Klimate is purchasing CO2 removal services and the distribution of these. When making an order, the client is committing to a price per ton, and a total volume of removal. 

Payment

Payment by card

Clients can use their credit card when buying directly through Klimate’s website, where they allow Klimate to withdraw the agreed amount on the payment card. Clients can use Visa, Mastercard, Discover or American Express as means of payment. Klimate does not charge any card fees. 

Clients can at any time recall the permission given to Klimate to withdraw an amount on the payment card.

Clients may file a chargeback concerning ”unauthorised debiting” against their card issuer, however not later than 8 weeks after the purchase, unless any other terms have been agreed upon with the card issuer.

Klimate uses Stripe to handle payments. They handle everything related to gathering and treating card data and are the ones to be contacted in case of any questions related to handling of card data.

For any other issues, Klimate can be contacted via e-mail on support@klimate.co.

Payment by invoice

Payments through invoices are due within 14 (fourteen) days of the invoice date, unless any other agreement has been made. The invoice is sent on the same day as the service is purchased.

Klimate Fee

Klimate charges a commission of 20% on all orders. This fee is included in the prices that are listed on the klimate website. For larger orders, Klimate may offer a reduced fee, based on individual agreement with the client. 

Delivery

The client can create an order via the Klimate.co website. When an order is placed, it is the responsibility of the client to pay for said order.
Klimate will guarantee the purchase on behalf of the Client of CO₂ removal credits and will provide documentation to the Client that CO₂ has been removed if and when such removal has been successfully confirmed by Klimate's suppliers, both in accordance with the Klimate Terms of Service and the portfolio agreed.
Klimate will provide a certificate for the client certifying that the removal credits have been purchased.
Klimate will provide a report in PDF format with information related to the removal services purchased on behalf of the Client.

Warranty

Klimate reserves the right to spend up to 90 (ninety) days from payment is received to fulfil the delivery of the portfolio. 

Upon receiving the payment from the client, Klimate will begin the process of contracting the carbon removal as specified in the order. If there are changes to the order, this may affect the distribution of the portfolio. Klimate may change the distribution of the included projects to match the price specified. The distribution will be made in order to maximise the Climate Impact of the portfolio. 

If Klimate is not able to deliver the portfolio within this specified time, Klimate is responsible for informing the client and to suggest a revised portfolio. 

If the Client does not approve the revised portfolio, payment for any part of the portfolio which was not specified previously may be reimbursed.

If the agreed purchase of CO2 removal is not possible, the Parties will agree to adjust the carbon removal portfolio. If the Parties cannot agree on an adjusted portfolio, Klimate will refund the Client the amount of removal that could not be purchased on behalf of the Client (in tons) multiplied by the Price.

Klimate shall be solely responsible for the fulfilment of its obligations towards each of Klimate’s suppliers of removal services, including but not limited to any payment obligation, and the Client expressly disclaims any liability thereof. Klimate will provide no warranty for the delivery of CO2 removal until such removal has been finally confirmed by Klimate's suppliers of carbon removal. If such removal cannot be confirmed by a supplier due to technological issues, the supplier's insolvency or the like, Klimate shall not be liable for such failure of supply. Once delivery of CO2 removal has been confirmed by the supplier, Klimate will provide a confirmation of CO2 removal for the Client.

No other warranty, express or implied, is made by Klimate, and none shall be imputed or presumed.

Force Majeure

"Force Majeure" shall mean a circumstance that is beyond the control of the party concerned and whose effects said party could not reasonably have prevented or overcome, including but not limited to war, civil war, riot, political unrest, public restrictions, regulatory orders, import or export prohibition or other public intervention, natural disasters, vandalism, theft, failing energy supply, breakdown of communication lines, seizure of funds, industrial disputes, lockouts and strikes, disease outbreak, epidemics, pandemics, or acts of God.

Neither party shall be liable for any failure or delay in the performance of its obligations arising out or caused, directly or indirectly, by Force Majeure affecting the party for the duration of such event of Force Majeure. In the event of a Force Majeure that lasts more than 30 (thirty) days, Klimate or the client may terminate the part of the contract not yet delivered. Upon such termination, each party shall be relieved from its remaining respective obligations without liability, and for amounts of CO2 removal not yet purchased, Klimate will refund the Client the amount of removal that could not be purchased on behalf of the Client (in tons) multiplied by the Price.

Certificates and communication

When the portfolio is delivered, a certificate will be issued to the client, which can be verified online and includes links to all underlying purchase orders made by Klimate. This ensures full transparency for all parties involved. 

At any time, you can login to your account and see your customer ID and validate your certificate.  If you want your legal name to be printed on your certificate, you need to give us an explicit consent and instruction hereof.

The delivery of a certificate will be processed as fast as possible, however no later than 90 days from the date in the order confirmation. Deviations from these terms shall be agreed upon in writing.

Certificates issued by Klimate can be used by clients when communicating their removal efforts. However, clients may need permission from specific suppliers to communicate they are using their services. For more information see “Supplier-specific terms and conditions”. 

Term and Termination

If the client has a contract with Klimate, it shall enter into force when it has been signed by both parties and shall terminate with 30 days’ notice when either of the parties in writing informs the other party of the termination.

For orders made via the Klimate platform that have been paid, termination is not possible. 

Rights of Withdrawal

Clients are not entitled to rights of withdrawal, when purchasing Klimate’s services. This is due to the fact that Klimate buys the removal of the purchased kg of CO2 from the atmosphere every month (corresponding to purchase of individualised goods).

Our projects & supplier partnerships 

Klimate offers several different projects in its portfolios for CO2 removal through different methods by partnering with the companies owning these projects. These companies will be referred to as “Suppliers”

Supplier-specific terms and conditions

Climeworks

Through the partnership with Climeworks AG (hereafter “Climeworks”), Klimate offers to buy the removal of a net amount of kilograms of CO2 (hereafter the “Service Weight”) from the atmosphere. Climeworks has developed technology to capture CO2 from ambient air. Through combination of this technology with underground mineralization, performed by one of Climeworks partners, it is possible to completely and permanently remove CO2 from the atmosphere. This process, in combination with the partnership between Klimate and Climeworks, is referred to as being Klimate CDR (Carbon Dioxide Removal) Reselling Service.

The Service Weight is determined and measured by a mass flow metre installed in the particular Climeworks facility, where the CO2 capture is taking place. CO2 emitted in connection with the Climeworks CDR Service process is deducted and only the net CO2 Service Weight is sold to the customer.

The Klimate CDR Reselling Service buys Climeworks CDR Service directly from Climeworks, their processes herein including the capture and underground mineralization of CO2, does not happen on an industrial scale, and is based on new and experimental technology. Climeworks is working hard on scaling and industrialising these technologies.

In addition to the issued certificate, both Klimate and Climeworks are keeping a detailed log over the Service Weight. Clients can request to transfer the Service Weight to a third party. For this service and for re-issuance of certificates, Klimate will charge a separate fee, covering the re-registration and issuance of the certificate.

If a customer wants to communicate that they are removing CO2 through Climeworks, they need permission from Climeworks, to be obtained through Klimate. 

Partnerships

Klimate engages with several partners that offer CO2 calculation services. Klimate can recommend one or more partners to customers interested in getting their emissions calculated, but is not liable for the quality of the calculations being performed.

Privacy Policy

Klimate requires the following information when clients make a purchase:

Name, address, phone number and e-mail.

Klimate respects the requirements of the current legal framework in relation to data processing and with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

Klimate only registers the personal data that is necessary to deliver the service as well as information needed for statistical purposes. 

As a standard, Klimate does not share the client’s personal data with any third party, except for companies that store and process data. These companies solely process data on Klimate’s behalf and may not use them for other purposes. Klimate only works with data processors in the EU and in countries that can ensure proper protection of the client’s data.

In case client’s consent is required to share information with Klimate’s partners, Klimate will explicitly and separately ask for consent.

The party responsible for data at klimate.co is Klimate ApS and personal data is registered at Klimate ApS and stored permanently. If the client would like the data to be removed, the client can contact Klimate ApS directly.  The client has the right to be informed about what data Klimate processes about them.

In case the client finds this information to be incorrect, they have the right to have it corrected. In certain circumstances, Klimate is obliged to delete the client’s personal data if requested by them. This could for instance be if the client data is no longer necessary in relation to the original purpose for which it was needed. The client can also contact Klimate if they are dissatisfied with any aspect of processing their personal data or if they find it to be in violation with the law. If the client wishes to use one or several of their rights related to GDPR, the client can contact us at support@klimate.co

Cookie Policy

The website and mobile applications used by Klimate may use cookie technology to collect additional user and usage data on how they use the website. Klimate uses cookies to better understand how clients use the website services, to monitor aggregate usage by website users and to provide services.

The client may use browser software to stop accepting cookies. If the client chooses not to accept cookies, parts of the functionality of the websites and mobile applications delivered by Klimate may be impaired.

VAT, Tax and charges

Purchase of Klimate’s Carbon Removal is equivalent to CO2 credits in tax related circumstances. CO2 credits are not subject to VAT, but subject to VAT with reverse payment obligation. If the client purchases on behalf of a VAT registered company, it is the client’s duty to report VAT for this purchase to their local tax authority. Any other charges, taxes or tolls that may apply are charged in addition to the amount, subject to applicable local law. Additional charges or taxes are to be borne by the client.

Limitation of liability

The liability of either party is excluded for incidental, special, indirect or consequential losses or damages arising out of or in connection with Klimate’s Carbon Removal Services.

To the extent permitted by law, the liability of either party under or in connection with Klimate services, shall be limited to the Klimate’s service fee.

Validity, Applicable Law and Choice of Venue

The validity of these terms and conditions shall not be affected in case of invalidity or unenforceability of parts of these terms and conditions. These terms and conditions, and any order confirmations made with Klimate, shall be subject to Danish Law. If a dispute cannot be resolved, the Copenhagen City Courts, Denmark, shall have exclusive jurisdiction.

Complaints

If the client as a user wants to complain about a purchase, they can contact Klimate at support@klimate.co. If it is not possible to find a solution, the client may send a complaint to:

Center for Klageløsning
Nævnenes Hus
Toldboden 2
8800 Viborg
https://naevneneshus.dk/

If the client resides in a different EU country than Denmark, complaints may be sent via the EU Commission’s online complaint portal here - http://ec.europa.eu/odr

 

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