ClimateTrade Auctions Terms & Conditions
1. General Terms and Conditions. Acceptance.
The present Terms and Conditions regulate the access and participation of potential buyers to the system of sales of carbon credits lots offered by CLIMATETRADE (hereinafter referred to as “ClimateTrade Auctions”).
Through the acceptance of the present Legal Conditions, the User declares:
1.1. That he/she has read and understands what is set forth herein.
1.2. That he/she is a person with sufficient legal capacity to enter into a contract acting as a buyer.
1.3. That he/she assumes all the obligations set forth herein.
1.4. That he/she has legal age (18 years old) to access this Website and to participate in the commercial actions carried out on it. Parents, guardians or legal representatives of minors who access and participate in ClimateTrade Auctions or any other commercial action promoted by ClimateTrade, will be held responsible for the acts performed by minors in their care. Users are responsible for the truthfulness and accuracy of the information they provide.
Participation in ClimateTrade Auctions gives the potential buyer the status of User (hereinafter “the User”).
2. General Information
The offer of carbon credits in the “first in-first out” method, is an online modality that has as its object the sale of carbon credits from different offset projects made available by ClimateTrade S.L. for this purpose and through its sales channels.
In this type of offer, ClimateTrade and its legal figure ClimateTrade S.L. act as mediators between the developers of the offset projects, owners of the carbon credits object of the auction, and the User, the buyer of carbon credits lots and as such, it is under the rules and regulations in force.
Before participating in ClimateTrade Auctions, Users must expressly accept these Terms and Conditions.
The parties involved, the seller-project developer and Users, shall comply with the legislation in force applicable to each of them.
In no case shall ClimateTrade S.L. be claimed any compensation for carbon credits lots that, having been sold and/or awarded, have been removed from the ClimateTrade Austions by the seller-project developer or are not available for reasons not imputable to ClimateTrade S.L., waiving the User to demand any refund of money and/or financial compensation to ClimateTrade.
ClimateTrade will not be responsible under any circumstances in case the seller-project developer delivers to the User a batch of carbon credits different from the one offered in the ClimateTrade Auctions.
No claim will be accepted under any circumstances on the lots awarded to the User, with the understanding and consent of the User that the purchase offer made by the User in the ClimateTrade Auctions is binding. Once the purchase of the lots of carbon credits placed under the ClimateTrade Auctions has been offered, the User may not retract or renounce and any claim in this respect shall have no validity whatsoever.
The data contained in the project description relating to name, registration and identification number in the corresponding registry, location, minimum prices per ton, available lot and linked Sustainable Development Goals, have been previously verified by ClimateTrade S.L. Notwithstanding the above, in case of an error in any of the data provided, ClimateTrade S.L. assumes no responsibility whatsoever. Interested parties should form their own opinions regarding the projects offered, once they become aware of them.
4. Rules for use of the services and/or contents of ClimateTrade
The User agrees to make appropriate use of the services and/or contents of ClimateTrade, following the law, ethics, public order and these Terms and Conditions and not to use them for illegal or criminal activities that violate the rights of others and/or violate the regulations on intellectual and industrial property or any other rules of the applicable legal system.
5. Sales Conditions
5.1. Prices, conditions and terms
All carbon credits lots offers subject to ClimateTrade Auctions will start with the value per ton established by ClimateTrade (“Price Floor”) and published in the sale. The value of the tons offered will rise based on bids made by Users. Bids are subject to the conditions listed in each bid (e.g., lot available, registration, location, etc.). The offers of the Users will be binding and the Users will be able to bid during the 15 (fifteen) days counted from the reception of the newsletter. Notwithstanding, ClimateTrade reserves the right to formalize transactions of purchase and sale of the carbon credits with the bidding Users during those 15 (fifteen) days in the “first in-first out” modality.
5.2. Purchase process
Products commercialized through ClimateTrade sales channels under ClimateTrade Auctions may be purchased as follows:
The User will receive a newsletter to participate in the ClimateTrade Auctions. Participation in ClimateTrade Auctions is free of charge.
Together with the newsletter, the User will receive a link that will take him/her to an order form (“Order Form”) to complete it with the data required therein. Once completed and accepted these Terms and Conditions, the User will send the form to ClimateTrade.
The User shall confirm its intention to contract by completing the Order Form and accepting these Terms and Conditions. The User’s offers may be outbid by other Users. The User may modify his/her/its offer only in ascending order, as many times as he/she wants until the last minute of the period for the submission of proposals.
The User who has made an offer is not obliged to increase it. If the purchase/sale is not confirmed with the bidding User, the bidding User shall not be obliged to make any payment.
In the event of a tie, carbon credits shall be awarded to the one who has made the bid first in time.
After winning the sale, the winning User, once notified, must make the payment by bank transfer to the bank account informed by ClimateTrade at the time of giving notice to the winner.
ClimateTrade will notify via email and/or phone call the corresponding User informing him/her that his/her proposal has been the winner and the User must formalize the payment within 72 (seventy-two) hours from the receipt of such notification. In case the payment is not received by ClimateTrade within 72 hours, the User must send proof of payment to ClimateTrade. The carbon credits will be transferred to the winning User of the sale once the corresponding payment has been received by ClimateTrade.
If payment is not received after the expiry of the deadline set after the completion of the sale, the outstanding invoice will be subject to review for possible automatic debiting. ClimateTrade may also proceed to block the User and the User will lose the right to receive the carbon credits.
6. Personal Data Protection
For the execution of the object of these Terms and Conditions, ClimateTrade could have access to personal data protected by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on natural persons about the processing of personal data and the free movement of such data (RGPD), as well as in the Spanish regulations in force in this area, so it undertakes to carry out use and processing of the affected data that will be following the actions that are necessary for the proper provision of the services regulated in these Terms and Conditions.
Also, ClimateTrade assumes the obligation to keep secret all information received, managed and articulated concerning personal data and not to communicate them to third parties, with the exceptions mentioned, as well as to destroy, cancel or return them at the time of termination of the contractual relationship between the two parties, as well as to implement the necessary security measures.
The rights of access, rectification, cancellation and opposition may be exercised by writing to the following e-mail address firstname.lastname@example.org.
By accepting these Terms and Conditions, the User consents to ClimateTrade to treat their personal data for the proper execution of the services object of ClimateTrade Auctions.
7. Intellectual and industrial property
All the contents of ClimateTrade Auctions, which are understood to be, but are not limited to, texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as its graphic design and source codes, are the intellectual property of ClimateTrade S.L. or third parties, and none of the exploitation rights recognized by the current legislation on intellectual property on them can be understood to have been transferred to the User. The trademarks, trade names or logos are owned by ClimateTrade S.L. or third parties, without it being understood that access to the Web Site attributes any right over them.
8. Actions in case of breach of the Terms and Conditions
ClimateTrade reserves the right to exercise whatever actions are available at law to enforce the liabilities arising from the breach of any of the provisions of these Terms and Conditions by the User.
9. Applicable Law and Jurisdiction
The sales transactions of ClimateTrade Auctions are subject to the provisions of Spanish Law. In case of discrepancies between the parties for reasons of sales operations, the seller, the buyer and ClimateTrade Auctions, waiving any other jurisdiction that may correspond to them, shall submit to the jurisdiction of the Courts and Tribunals of the city of Valencia.