Terms & Conditions

General terms and conditions for tree sponsorships and online platform use

1. Scope of application

1.1. Exclusively these general terms and conditions (hereinafter referred to as “GTC”) shall apply with respect to all deliveries and services rendered by Treems GmbH, Munich („TREEMS“), to the customer, in particular with respect to the use of the online platform and the sponsorship of a tree. Conditions of the customer are not accepted unless TREEMS explicitly consents to their validity in writing.

1.2. The customer is regarded as a consumer insofar as the object of the contract cannot be attributed to his (For the purposes of these GTC the use of the masculine gender shall automatically include the feminine gender as well.) commercial or self-employed professional activities (section 13 German Civil Code (BGB)). An entrepreneur shall be any natural person or legal entity or incorporated partnership who/which acts in their commercial or self-employed professional capacity upon conclusion of the contract (section 14 BGB).

1.3. All agreements between TREEMS and the customer, which are not subject to Sections 3 and 4, require written form. Written form, or a written confirmation of TREEMS, shall apply with respect to the content and interpretation of contracts, amendments or supplements to contracts as well as to individual arrangements.

1.4. Legally relevant declarations and announcements which are to be made by the customer towards TREEMS after conclusion of the contract, such as deadlines, notices of defects or cancellations, can be transmitted in writing or via email.

2. Right of Amendments

2.1. TREEMS is entitled to amend these GTC at any time if the amendment is reasonable for the customer by considering TREEMS’ interests and if there is an adequate reason for the amendment. An adequate reason constitutes in particular adjustments to changed legal requirements or amendments which improve the functionality of the TREEMS website and the payment arrangements.

TREEMS informs the customer of the amendments to the GTC via email to the email address indicated by the customer.

2.2. Consent to the amendment to the GTC shall be deemed given if the customer does not object within six weeks after receiving the amendment notification or if the consumer does not terminate the contract.

2.3. If a consumer objects to an amendment to the GTC, TREEMS is entitled to extraordinarily terminate the contract.

3. Conclusion of contract

3.1. By clicking on the buttons „register” (use of the online website) or „submit payment” (accepting a tree sponsorship) or similar buttons on the TREEMS website the customer submits a binding offer to conclude the contract. Prior to submitting the offer the customer can change and view the data entered at any time. However, the offer can only be submitted and transmitted if the customer accepts the contractual provisions by clicking on “I have accepted the GTC” and “I have read the instruction on revocation” and thus by including them into the contract and by having been instructed on his rights of revocation.

3.2. The offer for registration to use the TREEMS online platform is accepted by an automatically generated email to the email address indicated by the customer, which email address is also used to transmit the customer’s data stored at TREEMS for information purposes.

3.3. By clicking on the button “continue” the customer proceeds to the payment page where he can choose between different payment methods. To effect payment the customer has to click on the button “submit payment”. On the following page the customer will be asked to enter his personal data (first name, last name, email address, date of birth, sex, name of company (optional), telephone number (optional), postal address) and the customer can decide whether he wants to receive the TreemsNewsletter and create a profile. The customer is bound by this offer until the end of the third working day after submitting the offer. The offer is accepted by an email sent by TREEMS to the email address indicated by the customer within these three days. This email contains an invoice and a certificate with data of the protected tree. Upon receipt of this email the contract is concluded.

3.4. The customer can decide whether the tree sponsorship should occur for himself on his own behalf or for a third party. In the latter case the customer receives a voucher code via email after receipt of payment, which voucher a third party can redeem on the TREEMS online platform in order to register himself as customer.

4. Registration

4.1. Upon registration the customer determines a user name and a password (“access data”) for his access to the TREEMS online platform (“TREEMS account”). It is inadmissible to choose user names the use of which violates the rights of third parties, in particular trademark rights or rights to a name , or which user names are contrary to applicable law or accepted principles of morality. The customer undertakes to keep the access data secret and to protect them against access by unauthorized third parties. If the customer loses the access data or finds out or suspects that his access data are being used by a third party, he has to inform TREEMS forthwith. TREEMS does not assume any liability for damage caused by access data that was obtained in an unauthorized way without TREEMS’ fault. TREEMS and its employees will at no time ask the customer about access data or passwords except at registration on the TREEMS website. The customer will be registered at TREEMS with his first name, last name, postal address and email address.

4.2. The customer can revoke his registration at any time by written notification or by email to TREEMS at contact@treems.com. After revocation the customer cannot use the TREEMS online platform and the TREEMS account any more. Claims from this contract shall remain unaffected by the revocation. The customer is not allowed to transfer his TREEMS account to third parties without TREEMS’ previous written (also via email) consent.

5. Operator

The TREEMS online platform is provided by Treems GmbH (Treems GmbH, Oberanger 38, 80331 Munich, Germany, CEO Mr. Matthias Rosenberger, future@treems.com, 0049 – 89 45 20 545 50, commercial register: HRB 185060, share capital € 25.000, VAT ID number: DE271074013) as the service provider pursuant to section 2 Telemedia Act (Telemediengesetz).

6. Tree sponsorship

6.1. TREEMS offers the possibility to customers to assume a fixed-term sponsorship against payment of a fee for certain trees in selected countries and areas (“godtrees”). TREEMS undertakes to foster and protect the godtrees at its utmost knowledge and ability. TREEMS, either by itself or by local partners, takes measures to protect the godtree. A claim of assuming a sponsorship for certain trees, or trees in certain countries or regions, does not exist. TREEMS’ offer of procuring tree sponsorships is subject to confirmation; in particular TREEMS cannot assume any liability for the availability of suitable trees as well as local organizations (6.2 lit. c) which allow for sensible measures within the meaning of Section 6.2.

6.2. Measures for the protection of the godtrees are in particular:

a) Measures in order to physically protect and foster the land on which the godtrees grow (“protection area”), e.g. by employing rangers and using satellite surveillance.

b) Measures in order to motivate the inhabitants in the surrounds of the godtrees to behave in an environmentally protective way that conserves resources and reflects a responsible treatment of nature and environment, including development aid by way of education and training measures as well as expansion of infrastructure and support of sustainable economic systems.

c) Purchase or lease of land, or the conclusion of protection contracts, via local organizations regardless of whether they are registered under corporate, private or public law, including public-law entities, in particular for the use as a protection area of, or as a warranty to, a sustainable cultivation.

d) On its website TREEMS explains the implemented or planned protection measures for the respective godtrees.

If the actual political and economic circumstances impede or substantially impair the realization of originally planned protection measures, TREEMS is entitled to change the protection measures at its discretion by considering the local circumstances.

6.3. The confirmation email pursuant to Section 3.3, which the customer receives upon successful payment, again contains the personal data provided as well as a certificate on the protected godtrees. TREEMS assigns only one sponsorship per tree. The customer can check the data of the tree for which the sponsorship exists on his TREEMS account at any time.

6.4. The terms “to buy a tree”, “My/Your tree...” as well as similar wordings shall always refer to one tree sponsorship within the meaning of this Section 6 only. It is not possible for the customer to purchase trees, parts of trees or land.

6.5. The customer has the possibility to publish his sponsorship and his godtree in his profile on the TREEMS website. Furthermore, TREEMS makes an effort to cooperate with social networks, in particular Facebook, so that the customer can also publish his sponsorship and godtree there if he wishes to do so. In this context the first name and last name, and/or the name of the company can be displayed by TREEMS or the social network in connection with the customer’s sponsored trees.

6.6. The duration of the respective tree sponsorship is determined by TREEMS and it corresponds to the display on the TREEMS online platform. If the tree sponsorship ends and TREEMS is able to take further measures pursuant to Section 6.2 at this point in time, the customer has the possibility to extend his tree sponsorship. For this purpose TREEMS allows a period of one month, starting from the end of the expiring tree sponsorship. If this period expires without the sponsorship being extended, the godtree will be removed from the customer’s profile.

6.7. If TREEMS cannot perform, continue or substitute measures pursuant to Section 6.2 for reasons of force majeure, in particular for natural disasters of any kind, in particular storms, earthquakes, floodings, volcanic eruptions, fires, war, riots, civil war, revolution, terrorism, state sanctions, in particular supported by military or police, or for similar reasons, or if the godtree perishes due to natural death or force majeure, a replacement will not be provided. TREEMS can substitute the perished godtree if it was destroyed by intentional behavior of a third party.

6.8. The customer can only transfer the tree sponsorship to a third party subject to TREEMS’ prior consent. Consent will be given if the due and proper fulfillment of the customer duties, in particular the payment of the fee, are not at risk, or if the justified interests of TREEMS or other customers are not expected to be impaired.

7. Prices and payment conditions

7.1. The valid price is the price on the TREEMS online platform when clicking on the button “submit payment”. The indicated prices include the respective taxes which will be displayed separately.

7.2. The payment by the customer will be effected via direct debit (only Germany and the Netherlands), text message, credit card or PayPal. The invoices are due for payment immediately. For a timely payment the receipt of the payment on TREEMS’ account is decisive.

7.3. The customer is not entitled to assign his contractual claims to third parties. The customer is only entitled to set off if his counterclaims are uncontested or were declared legally binding.

7.4. The same shall apply to the right of retention or the right to reject performance pursuant to sections 320, 273 BGB. The customer is only allowed to exercise such rights if they result from the same contractual relationship. In an ongoing business relationship each individual order is regarded as an individual contract.

7.5. Each payment will be processed in Euros. For other currencies the average exchange rate of the European Central Bank on the day of the conclusion of the contract shall be valid.

8. Customer duties

8.1. The customer is responsible for the fact that the technical requirements for the access to the TREEMS online platform are met at his end, in particular regarding his hardware and operating system software, his connection to the internet and his current browser software. Upon request the provider will inform the customer about which browser to use.

8.2. The proper usability of the TREEMS online platform requires that the customer’s system accepts the cookies transmitted by the TREEMS server. It is the customer’s responsibility to adjust the appropriate settings.

9. Use of the TREEMS online platform, registration

9.1. The TREEMS online platform may only be used for legally permitted purposes. It is prohibited to use TREEMS in order to spread defamatory, pornographic or unlawful material as well as to threaten, to molest third parties or to violate rights (including personal rights) of third parties. It is prohibited to use TREEMS in a way that negatively affects the availability of the TREEMS online platform or other services of TREEMS. The customers are responsible for the fact that their comments posted are free of viruses, worms, Trojans or any other harm which could endanger or impair the functionality or the inventory of TREEMS or the websites of other customers.

9.2. In particular, it is prohibited to publish pictures, comments or other contents of the following kind on TREEMS website:

Political articles, in particular commercials for political parties;

Personal data of other customers or third parties, unless the customer is entitled to do so;

Links to internet websites with illegal contents.

TREEMS is entitled to control the use and to block the access to the TREEMS online platform in case of illegal use and to terminate the contract for good cause. TREEMS retains the right to report offences to the police.

10. Termination, cancellation

The parties shall have a right to extraordinarily terminate the contract for good cause without observing a deadline. Good cause shall exist in particular if the customer uses the online data base in an illegal way pursuant to Section 9.

11. Right of revocation

The customer was separately instructed on his right of revocation pursuant to the statutory provisions.

12. Right of use and copyright notice

12.1. In connection with a data base license agreement the customer receives a simple, non-exclusive right of use in the contents of the TREEMS online platform unless explicitly stipulated otherwise in the contract.

12.2. Without TREEMS’ consent the contents may not be copied, forwarded or changed and used any further, in particular they may not be sold or licensed to third parties.

12.3. All copyrights shall be reserved. The content of the TREEMS website is in particular protected by copyright law, trademark law, data base rights as well as other industrial property rights.

13. Exclusion and limitations of liability

13.1. TREEMS does not assume any liability for the correctness, completeness, topicality or quality of the information contained in the online data base.

13.2. It is the customer’s sole responsibility to use the TREEMS website and its contents outside of Germany. TREEMS does not assume any liability in case the use of the website or its contents are illegitimate in foreign countries and could constitute a punishable offence.

13.3. TREEMS does not assume any liability for contents of linked external websites.

13.4. TREEMS assumes unlimited liability for intent and gross negligence.

13.5. TREEMS only assumes liability for slight negligence if an obligation is violated the performance of which renders the due and proper execution of the order or contract possible and on the performance of which the customer may rely as a matter of fact. In any such cases TREEMS’ liability is limited to the predictable damage typical for such a contract.

13.6. Limitations and exclusions of liability pursuant to this Section shall not apply to claims regarding the Product Liability Act and in case of damage resulting from the violation of life, body or health.

13.7. Insofar as TREEMS’ liability is excluded or limited this shall also apply to the personal liability of TREEMS’ committees, staff, representatives and agents.

14. Data protection

The customer agrees that, as a result of the online registration, his data are stored by TREEMS pursuant to the regulations of the Federal Data Protection Act (BDSG) in machine-readable form, and that the data are processed in connection with the business relationship with the customer. It will not be forwarded to third parties unless it is necessary for the completion of the contract; forwarding data to the TREEMS foundation (currently in foundation), Sandgrube 29, CH-9050 Appenzell, Switzerland, shall constitute an exception to this provision.

15. Special provisions for entrepreneurs

15.1. Place of jurisdiction for any disputes arising out of this contract with respect to deals with entrepreneurs, legal entities under public law or special public trusts shall be Munich. TREEMS can also sue the customer at his general place of jurisdiction.

15.2. Towards entrepreneurs the GTC shall always apply in their respectively current version, also in case of follow-up businesses without having to make specific reference to it or agreeing upon it.

15.3. Section 7.3 shall apply subject to the provision that section 354a German Commercial Code (HGB) remains unaffected.

16. Applicable law, place of jurisdiction, miscellaneous, transfer of the contract

16.1. The law of the Federal Republic of Germany shall apply exclusively. Applying the German international private law as well as the UN sales law (UN CISG) shall be excluded.

16.2. If individual provisions of this contract are or become void wholly or in parts, or if the contract contains a gap, the validity of the remaining provisions shall not be affected by this.

16.3. TREEMS is entitled to transfer contracts entered into with the customer to the TREEMS foundation (currently in foundation), Sandgrube 29, CH-9050 Appenzell, Switzerland, including all rights and obligations, and to transfer data of the respective customer to the TREEMS foundation. Already now does the customer agree to a possible transfer of his contract to the TREEMS foundation, Switzerland.