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1. Scope
These Terms and Conditions apply to all purchases made via the Senken Checkout (https://app.senken.io/checkout), operated by Senken GmbH, Zehdenicker Straße 8a, 10119 Berlin, Germany ("Senken"). The checkout is intended exclusively for business customers (B2B). Purchases by consumers within the meaning of § 13 BGB are not permitted. By completing a purchase, the customer confirms that they are acting in the exercise of their commercial or independent professional activity.
2. Subject of the Agreement
Senken provides services for the retirement of carbon credits from selected portfolios ("Services"). The customer commissions Senken to retire the purchased volume of credits on its behalf. Retirement is carried out through the relevant registries. The credits remain under Senken's operational control until retirement is completed.
3. Prices and Payment
All prices are stated exclusive of VAT. Payment is processed via Stripe in accordance with Stripe's own terms of service. Invoices are issued upon request.
4. Retirement Process
Senken will retire the purchased carbon credits as part of its regular retirement cycles. Retirements are processed in batches, and the timing depends on the projects involved and their individual issuance timelines. Senken does not guarantee a specific retirement date and is not liable for delays caused by registries, project developers, or other third parties outside Senken's reasonable control. Upon completion of a retirement, Senken will make corresponding retirement records available to the customer upon request.
5. Refunds and Cancellation
Once a purchase has been confirmed and the payment has been allocated to specific projects or portfolios, the purchase is binding and refunds are excluded, except where mandatory statutory provisions require otherwise.
6. Use of Name and Logo
The customer grants Senken the non-exclusive right to reference the business relationship and to use the customer's name and logo in Senken's marketing, sustainability communication, and impact reporting, solely in the context of the services provided. The customer may revoke this right at any time in writing with effect for the future. Any use of Senken's name, logo, or marks by the customer, in particular in public communication referring to the purchased credits or the collaboration, requires Senken's prior written consent, which shall not be unreasonably withheld.
7. Intellectual Property
All rights in the Senken brand, name, logos, and related marks remain the exclusive property of Senken GmbH. No rights beyond those expressly granted in these Terms are transferred to the customer.
8. Liability
Senken shall be liable without limitation for intent and gross negligence, as well as for injury to life, body, or health, and under the German Product Liability Act. In cases of slight negligence, Senken shall be liable only for the breach of material contractual obligations (Kardinalpflichten), and such liability shall be limited to foreseeable damages typical for this type of contract. Any further liability is excluded.
9. Data Protection
Personal data is processed in accordance with applicable data protection law and Senken's Privacy Policy available at https://senken.io/privacy.
10. Governing Law and Jurisdiction
These Terms are governed by the laws of the Federal Republic of Germany, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG). Exclusive place of jurisdiction for all disputes arising from or in connection with these Terms is Berlin, Germany, provided the customer is a merchant, a legal entity under public law, or a special fund under public law.
11. Final Provisions
Should any provision of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected. Amendments and supplements to these Terms must be made in writing. These Terms are concluded in English, which is the binding version.