CLIMATE POSITIVE

BUSINESS TO CONSUMER TERMS AND CONDITIONS

Agreed terms

When you buy from us you are agreeing to the terms set out in this document (these Terms). Please read these Terms carefully before placing your order.

Any new features or tools which are added to the current store shall also be subject to these Terms. You can review the most current version of these Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this website.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the services, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of these Terms will result in an immediate termination of your services.

These Terms were last updated on 11th of November 2022

1. About us
   • SCB Environmental Markets SA (company number CHE-113.417.077), trading as Climate Positive (we and us), is a company registered in Switzerland and our registered office is at Avenue Perdtemps 23, 1260 Nyon, Switzerland. We operate the website climate-positive-store.myshopify.com (Website).  
   • To contact us, telephone our team at +41 78 411 62 13 or email us at support@climatepositive.com.
2. General conditions
   • By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Website.
   • You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).
   • You must not transmit any worms or viruses or any code of a destructive nature.
   • A breach or violation of any of these Terms will result in an immediate termination of your Services.
3. Accuracy, completeness and timeliness of information
   • We are not responsible if information made available on this Website is not accurate, complete, or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Website is at your own risk.
   • This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
   • We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this Website is void where prohibited.
   • We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
4. Accuracy of billing and account information
   • We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
   • You agree to provide current, complete and accurate purchase and account information for all purchases made on our Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
5. Optional tools
   • We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
   • You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
   • Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
   • We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
6. Third-party links
   • Certain content, products and Services available via our Website may include materials from third-parties.
   • Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
   • We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
7. Errors, inaccuracies and omissions

Occasionally there may be information on our Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on our Website is inaccurate at any time without prior notice (including after you have submitted your order).

8. Modifications to the service and prices
   • Prices for our products and services are subject to change without notice.
   • We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time.
   • We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.
9. Our contract with you
   • These terms and conditions (Terms) apply to the order by you and the supply of Services by us to you (Contract).
   • These Terms and the Contract are made only in the English language.
   • You should print off a copy of these Terms or save them to your computer for future reference.
10. Our services
    • We give individuals, via individual contract, the opportunity to determine their greenhouse gas emissions and offset these emissions through our decommissioning of CO₂ certificates from the climate protection projects we support (Services).
    • We will ensure that a sufficient quota of suitable emission certificates is available for the contractually agreed CO₂ offset. You have no claim to the personal receipt of CO₂ certificates, or to the purchase, or any other specific use, of emission reduction certificates. Under these Terms, you only receive confirmation of retirement as an offset of the amount of CO₂ you declared in your order.
11. Climate protection projects
    • The CO₂ savings realised via our climate protection projects comprise a third-party service provided by independent operators, for which we assume no liability of our own and on which we may have no direct influence.
    • Any descriptions or illustrations on our Website are published for the sole purpose of giving an approximate idea of the projects described in them. They do not have any contractual force.
    • Although we only select projects whose operators are considered trustworthy and who are contractually obliged to comply with fixed standards (e.g. the ‘Gold Standard’ or the ‘Verified Carbon Standard’), we cannot guarantee a specific result in the reduction of emissions via a particular project. If there is an unforeseen delay to one of our carbon offset projects or if a carbon offset project fails to achieve certified emission reductions, we will ensure that CO₂ offsetting is provided through another project. Under no circumstances do we guarantee that the CO₂ offsets you order will be provided via one particular project that we support.
12. Placing an order and its acceptance
    • Please follow the onscreen prompts to place your order. You may only submit an order using the method set out on our Website. Each order is an offer by you to buy the Services specified in the order subject to these Terms.
    • Sometimes we may have to reject orders due to geographical or age restrictions. Presently, the Services are provided in the United Kingdom only. You must be at least 16 years old to be able to place an order for the Services, and by using our Services you warrant and represent that you meet our minimum age requirements. Furthermore, we may not be able to provide the Services to you, if you fail to provide the information set out in clause 12.5 below.
    • Please check your order carefully before confirming it. You are responsible for ensuring that your order is accurate.
    • We will contact you to confirm we’ve received your order and then we will contact you again to confirm that we have accepted your order (Order Confirmation).
    • For the purposes of providing the Services to you, we will ask you for your vehicle and engine types and other relevant information which will enable us to calculate the emissions that you wish to offset. You are responsible for making sure that all such details are correct. If you have any questions concerning your CO₂emissions, please contact our Customer Service Team at support@climatepositive.com.
13. Cancellation and immediate provision of Services
    • If you change your mind, please contact our Customer Service Team at support@climatepositive.com. We refund you as soon as possible and within 14 days of you telling us you've changed your mind. We refund you by the method you used for payment. We don't charge a fee for the refund.
    • For most of our Services purchased online, you have the right to change your mind. You have 14 days after the date we send you an Order Confirmation to change your mind about a purchase, but:

you lose the right to cancel any Service when it’s been completed. This means that if you expressly request supply of Services during the cancellation period and we cancel the relevant carbon credits in connection to the Services, your right to cancel the Services will be lost. This is because once credits are cancelled for the purpose of providing the Services to you, it will not be possible to reinstate them in the relevant registry.

• For some of our Services purchased online there is no right to cancel your order. This is because such Services fall under the category of services for which the price is dependent on fluctuations in the financial market which cannot be controlled by us and which may occur within the cancellation period.

14. Payment  
    • We will charge you when you order.
    • We will not handle any financial transaction with you: your transaction will be processed through our third-party payment services provider. You authorise our payment services provider to request funds from your credit, debit or other card provider. It is your responsibility to familiarise yourself with our payment services provider’s terms and conditions, which are different from these Terms.  
    • Once funds have been credited to our account, the name that will appear on your billing statement will be SCB Environmental Markets SA.
15. We are not responsible for the delays outside of our control

If our supply of your service is delayed by an event outside our control, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Service Team at support@climatepositive.com to end the Contract and receive a refund for any Services you have paid for in advance, but not received, less reasonable costs we have already incurred.

16. Changes to these terms
    • We can always make the following changes to these Terms:
      • to reflect changes in relevant laws and regulatory requirements; and
      • to make minor technical adjustments and improvements, for example to address a security threat.

These are changes that don't affect your use of the service.

• We will always give you a prior written notice of the changes we made that are likely to affect your use of the Services.

17. We can suspend supply of any of our Services

We do this to:

• deal with technical problems or make minor technical changes;
• update the service to reflect changes in relevant laws and regulatory requirements; or
• make changes to the service.

18. We can end our Contract with you and claim any compensation due to us if:
    • you don't make any payment to us when it's due and you still don't make payment within 14 days of our reminding you that payment is due; or
    • you don't, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the service, for example information concerning your CO2 emissions.
19. We do not compensate you for losses caused by us or by our Services
    • We are responsible for losses you suffer which are caused by us by virtue of breach of any of these Terms unless the loss is:
      • unexpected; it was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable);
      • caused by a delaying event outside our control; as long as we have taken the steps set out in the section We're not responsible for delays outside our control;
      • avoidable; something you could have avoided by taking reasonable action, including following our reasonable instructions for use; or
      • a business loss; our liability for any loss you suffer in connection with your trade, business, craft or profession is limited.

20. Intellectual property rights
    • Anyone may access and view our Website or any other website controlled or owned by us, which links to these Terms, provided:

 

• it is used for information purposes only and is not reproduced for commercial gain or on any other website;
• no links are created to the Website; and
• no part of the Website is copied, stored, or transmitted in any way to any third-party without our prior written permission.

We are only responsible for content on our Websites for which we create, host, publish and disseminate the content ourselves. We are not liable for the accuracy and legality of third-​party information and statements even if this information is made accessible on our Website or social media platform that we operate.

• We, and/or our third party licensors, own all of the rights, title and interest, including the copyright, in all of the information, data, text, graphics, links or computer code published, contained or available on the Website (Materials).  Unauthorised use of the Materials, including but not limited to its reproduction, storage, modification, distribution or republication, without our prior written consent or, where applicable, the respective copyright owner(s), is prohibited. The “Climate Positive” logo is our registered trademark. You are not permitted to use any of our trademarks without our prior written approval.
• We grant you the right to display the Climate Positive logo sticker you receive from us on your motor vehicle/automobile. You agree not to reproduce, duplicate, copy, forge or otherwise manipulate, sell, resell, or exploit the sticker for any commercial purposes. You agree not to use the sticker in any fashion that conflicts with our values and goals.

21. Third-party websites
    • The Website may, from time to time, contain links to third-party websites that are not operated by us. Such links are provided for your convenience only and may include, among others, websites necessary for the purposes of taking payment from you, such as Stripe. We do not control such websites and are not responsible for their content.  By including links to third-party websites, we are not endorsing any of the material on such websites or any association with their operators. You are solely responsible for assessing the accuracy and completeness of any information contained on third-party websites, and the value and integrity of any goods and services offered by such websites, and use of those third-party websites is entirely at your own risk.
22. Privacy and data protection
    • We are committed to protecting your personal data.  For more information, read our privacy policy. We will process your personal information in accordance with our privacy policy. the terms of which are incorporated into these Terms.
    • We use cookies to enhance customers’ online experience. For further information, read our privacy policy.
    • We cannot guarantee the security of information transmitted via the internet. Any loss incurred or sustained by you in transmitting information via e-mail or other internet links shall be borne solely and exclusively by you. In no event shall any such loss in whole or part be borne by us.
23. How to resolve disputes with us
    • If you have a problem, you can always contact our Customer Service Team, and we will do our best to promptly resolve any dispute.
    • In the event if we were unable to resolve your dispute, you have the right to bring your claims against us in the English courts. These Terms are governed by the laws of England and Wales and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the courts of England and Wales.
24. Additional terms of the Contract
    • Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of the Contract for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our Website. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate the Contract at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

• Entire agreement

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this Website or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

• Waiver

We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.

• Severance

Each clause of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining clauses will remain in full force and effect.

• Nobody else has any rights under the Contract

The Contract is between you and us. No other person has any rights to enforce any of its terms.