These general terms and conditions apply to all business relationships for the supply of electricity, as well as metering point operation in the German low-voltage grid and in customer installations by EINHUNDERT Energie GmbH (EINHUNDERT) or by third parties commissioned by EINHUNDERT. (Status 01.06.2020)
1. When does my electricity contract come into effect?
(1) EINHUNDERT requires a complete order from you for this purpose, which you can place by completing the online form, by sending the completed and signed order form or by telephone.
(2) The electricity contract is concluded as soon as EINHUNDERT confirms this to you in text form and notifies you of the start of delivery, at the latest when EINHUNDERT commences delivery. The prerequisite for the conclusion of the electricity contract and the start of delivery is that all necessary prerequisites have been met. For example, that the confirmation of the termination of the previous electricity contract from your upstream supplier as well as the confirmation of the start of grid usage from the grid operator are available, or in the tenant electricity model that the customer system has been completely constructed and commissioned.
(3) The contract is also concluded if the electricity meter of your apartment is supplied with multi tenant self consumption by EINHUNDERT as part of a so-called customer system when you move in and you are aware of this supply, these GTC and the corresponding conditions.
(4) EINHUNDERT is entitled to reject your order without giving reasons.
(5) If the start of delivery by EINHUNDERT on the day of the order is more than six months in the future, EINHUNDERT reserves the right to adjust the stated prices. Of course you will be informed about this in advance. See paragraph 12. (5) & (6).
2. When will clean electricity from EINHUNDERT start flowing to me?
(1) Electricity delivery will commence, taking into account the regulations on the change of supplier, on the earliest possible date specified by us or on a later date specified by you. EINHUNDERT will confirm the date in text form (usually by e-mail). However, delivery will not begin before the end of your existing electricity contract with the previous supplier or, in the case of a move-in under the tenant electricity model, not before the move-in date.
(2) With your order, you grant EINHUNDERT power of attorney for all processes relevant to the change of electricity supplier. For the change to the supply with tenant electricity, you expressly authorize EINHUNDERT also to decommission your electricity meter on the grid side. This enables EINHUNDERT to organize the change of supplier and the electricity supply in your interest. EINHUNDERT will facilitate the change of supplier quickly and free of charge.
3. Is EINHUNDERT allowed to perform a credit check?
(1) EINHUNDERT is entitled to perform a credit check. For this purpose EINHUNDERT may transmit the necessary data to a credit agency. In addition, EINHUNDERT may obtain creditworthiness information and score values using address data based on recognized mathematical-statistical methods. In particular, EINHUNDERT may refuse your order if you have a negative credit rating.
4. What term and notice periods apply to my contract?
(1) The term of your electricity contract begins from the date of the start of delivery confirmed to you by EINHUNDERT.
(a) 100.solarhaus customers / Multi tenant self consumption: After the end of the agreed initial term of twelve months, your electricity contract will be extended by twelve months at a time if it has not been terminated in text form by you or us with three months’ notice to the end of the term. In any case, a registration of the electricity meter in the distribution network must take place for the change of the electricity supplier. This process will be taken care of for you. Your contract will not end until a supplier or the local basic supplier has started supplying the meter outside the multi tenant self consumption system. EINHUNDERT will confirm this date to you without delay.
(b) 100.watt customers: After the end of the agreed initial term of 24 months, your electricity contract will be renewed for twelve months at a time if it has not been terminated in text form by you or us with three months’ notice to the end of the term.
(2) EINHUNDERT may terminate the electricity contract extraordinarily with two weeks’ notice in text form if there is good cause. Good cause exists in particular if EINHUNDERT ceases operation of the customer’s system (multi tenant self consumption system) or if you are in default with a due payment despite a reminder and EINHUNDERT has given you two weeks’ notice of the extraordinary termination.
5. What happens to my contract when I move?
(1) In the event of moving out or relocating, you must notify EINHUNDERT of this, including your new address, in text form three months before the date of moving out. If EINHUNDERT products are available at the new address, we reserve the right to make you an appropriate offer. In the event that you do not wish to be supplied by EINHUNDERT at the new address, the existing contract will end on the day you move out.
(2) If the notification is made late or not at all, you will be liable to EINHUNDERT for any damages resulting therefrom, in particular for electricity drawn by third parties at the originally agreed upon point of delivery.
6. What is the communication process for my contract?
(1) Invoices and other communications relating to the performance of your electricity contract will be sent to you by e-mail or made available in your personal portal access. You waive the right for EINHUNDERT to send invoices and other notices by mail. However, EINHUNDERT reserves the right to send individual notices by mail.
(2) EINHUNDERT will provide you with password-protected access to a closed portal area online for viewing your energy data.
(3) In order to be able to guarantee the execution of the contract, you are obligated to create and maintain the technical requirements, such as in particular access to a computer with internet connection and installed browser program and e-mail address. You are obligated to always provide EINHUNDERT with a current e-mail address that is ready for receipt.
7. What does it mean if I choose offline communication?
(1) If you opt for offline communication, invoices and other communications for the performance of your contract will be sent to you by mail. In addition to the valid address, you undertake to always provide a valid telephone number at which EINHUNDERT can reach you within the scope of your contract.
(2) Since we are convinced of the added value of digital solutions for our customers and want to keep our company’s paper consumption as low as possible, we will charge you 2 Euro per month if you choose offline communication to cover the additional expense incurred.
8. What is the composition of EINHUNDERT’s purchased electricity mix?
(1) To fulfill your contract, EINHUNDERT obtains electricity exclusively from sustainable energy sources or, in the case of multi tenant self consumption products, possibly also from modern, decentralized generation plants, such as combined heat and power. Detailed information on the EINHUNDERT electricity mix can be found at www.einhundert.de/en/electricitymix.
9. What does metering point operation with digital meters mean for me?
(1) EINHUNDERT is one of the first providers in Germany to offer you monthly billing based on your actual consumption. We use digital electricity meters (so-called smart meters) for this purpose.
(2) By placing the order, EINHUNDERT is authorized by you to carry out metering point operation in accordance with § 5 MsbG (German Metering Point Act) or to assign it to a partner company approved as a metering point operator, as well as to carry out all processes relevant to the conclusion and subsequent execution of the metering point contract with a third party. You expressly waive the right to commission another third party with this.
(3) If the installation of hardware at your connection is necessary to fulfill the metering point operation pursuant to paragraph 2, we shall give reasonable notice of this.
(4) The charges for metering point operation shall be levied in accordance with the price sheet for your product.
(5) If provisions of the metering point contract and provisions of these general terms and conditions regarding metering point operation contradict each other, the provisions of the metering point contract shall apply.
10. What is included in the price?
(1) The prices include all procurement costs for the electricity from suppliers, as well as the costs for the electricity production (e.g. costs for the operation of the solar system including maintenance and insurance, the fee for the meter-reading and metering point operation of an electronic meter (the metering services can be provided by a service provider selected by EINHUNDERT), if applicable. In addition, the prices include our sales expenses, the grid usage fee payable to the local grid operator, billing, electricity tax, value-added tax at the respective statutory rate, concession fees, the offshore grid surcharge, the switch-off load surcharge, as well as the surcharges from the Renewable Energy Sources Act (EEG surcharge), the Combined Heat and Power Act (KWK surcharge), and the Electricity Grid Fee Ordinance (surcharge pursuant to § 19 paragraph 2 StromNEV) as amended from time to time.
11. How EINHUNDERT bills my electricity consumption?
(1) EINHUNDERT is entitled to use the electricity meter data according to 9. for billing.
(2) You will be billed for your electricity consumption based on the meter reading determined in accordance with paragraph 1. As a rule, electricity consumption is billed once a month, unless an interim or final bill is issued ahead of time.
(3) If the electricity prices change in accordance with item 12, EINHUNDERT may adjust the invoices due after the change accordingly. EINHUNDERT will notify you in text form of invoice amounts due at least five working days before collection by direct debit.
(4) Due payments will be reminded by EINHUNDERT in text form after expiration of the specified due date and can then be collected by an authorized third party. For each bank return, reasonable and justified third-party fees will be passed on to the customer.
(5) In the event of non-fulfillment of a payment obligation despite a reminder, EINHUNDERT is entitled to have the supply interrupted 4 weeks after warning. This does not apply if the consequences of the interruption of supply are disproportionate to the seriousness of the violation or if you demonstrate that there is a reasonable prospect that you will meet your obligations. You will be notified of the start of the interruption 4 working days in advance.
12. Why and how do my prices change?
(1) If your EINHUNDERT electricity product has a price guarantee, the corresponding prices apply until the end of the agreed guarantee period. The price guarantee does not include the passing on of changes in value added tax, electricity tax, levies in accordance with the EEG, KWKG, § 19 (2) StromNEV, the switchable load levy and the offshore levy; the passing on of these changes is governed by paragraph 3.
(2) If, after conclusion of the contract, further energy taxes, other levies, surcharges or comparable state-induced charges on the procurement, transmission, grid usage or consumption of electrical energy become effective, paragraph 1 shall apply accordingly.
(3) Price changes by EINHUNDERT shall be made by way of unilateral determination of performance in the exercise of equitable discretion in accordance with § 315 of the German Civil Code (BGB). Only changes in costs that are relevant for the price determination are to be taken into account. EINHUNDERT is entitled to pass on cost increases and is obligated to fully consider cost reductions in the price determination. In particular, EINHUNDERT is obligated to consider cost increases in the price change only under consideration of opposite cost reductions and thus to balance cost increases and cost reductions in each consideration of the cost development and in each price determination. EINHUNDERT must determine the scope and timing of a price change in such a way that cost reductions are taken into account according to the same factual and temporal standards as cost increases. In particular, EINHUNDERT is obligated, with respect to cost reductions, not to set a longer time interval between the consideration of the cost development and the implementation of a price change than is the case with cost increases.
(4) Changes to the prices in accordance with paragraph 3 shall only become effective after notification to you in text form (usually by e-mail), which must be made at least 6 weeks before the intended change. If you have opted for offline communication, changes to the prices pursuant to paragraph 3 will only become effective after notification to you by mail, which must be made at least six weeks before the intended change.
(5) If EINHUNDERT changes the prices, you may terminate the electricity contract with a notice period of 4 weeks or on the next possible logistically feasible date. The termination must be in text form. EINHUNDERT will confirm termination in text form immediately upon receipt.
(6) If the consumption-dependent gross prices change within a billing period, the consumption relevant for the new prices will be calculated pro rata temporis.
13. Customer data and privacy
(1) Your data collected in connection with this contractual relationship will be automatically stored, processed and used by EINHUNDERT within the scope of the purpose of the contractual relationship (e.g. consumption billing, invoicing, customer support) in compliance with data protection provisions and may be passed on to commissioned third parties for the purpose of implementing the contractual relationship. This data also includes data that is generated during the measurement of consumption with so-called digital metering devices, modern metering devices and intelligent metering systems (smart meters) within the meaning of the Metering Point Operation Act.
(2) EINHUNDERT offers you the possibility to analyze your costs and consumption in your personal customer portal in addition to other services. For this purpose EINHUNDERT is entitled to access your consumption values determined by the metering point operator every second and to use and visualize them for analysis purposes. If it is necessary to pass on your data to third parties for this purpose, your data will be transmitted anonymously so that it is not possible to draw any conclusions about your person.
(3) You shall notify us immediately of any changes to your billing address, bank details, e-mail address or other data required for the performance of the contract.
(4) You can request information about your stored personal data at any time in accordance with § 34 BDSG. After termination of the contractual relationship, the collected data shall be deleted, unless they must be retained due to legal provisions or for the execution of the contractual relationship.
14. When is EINHUNDERT not obliged to deliver?
(1) EINHUNDERT will take the possible measures to supply you with electricity at the end of the grid connection. However, in the event of disruptions to network operations, including the network connection, EINHUNDERT shall be released from its obligation to perform. This also applies if EINHUNDERT is prevented from supplying electricity due to force majeure or other circumstances, the elimination of which is not possible or cannot be economically expected of EINHUNDERT.
15. Who can I contact in the event of an interruption in electricity supply?
(1) If an interruption or irregularity in the supply of electricity occurs as a result of a disruption in the operation of the grid, including the grid connection, you may assert your resulting claims directly against the local grid operator. Upon request, EINHUNDERT will immediately provide you with information about the facts related to the cause of the damage by the network operator if they are known to EINHUNDERT or can be reasonably clarified by EINHUNDERT. EINHUNDERT is directly liable to you if EINHUNDERT has your supply interrupted without justification.
16. What happens in the event of a dispute?
(1) At EINHUNDERT we have an open ear for you at 0221 – 888 7 999 9, email@example.com or by mail. If a mutual solution cannot be found, you as a consumer as defined by § 13 of the German Civil Code (BGB) can apply for arbitration at the Energy Arbitration Board (Schlichtungsstelle Energie). The statute of limitations is suspended when the application is submitted to the conciliation board. The contact details of the conciliation body are: Schlichtungsstelle Energie e. V., Friedrichstraße 133, 10117 Berlin, phone: 030-2757240-0, fax: 030-2757240-69, homepage: www.schlichtungsstelle-energie.de, e-mail: firstname.lastname@example.org. Your right to appeal to the courts remains unaffected. You can also obtain information about your rights from the Consumer Service of the Federal Network Agency, P.O. Box 8001, 53105 Bonn, Germany, telephone: 030-22480500, e-mail: email@example.com.
17. When may EINHUNDERT change the general terms and conditions?
(1) EINHUNDERT is entitled to amend these GTC. In this case, EINHUNDERT will inform you in a timely manner and in a transparent and understandable manner about an intended change to the GTC and about your rights of withdrawal. In the event of an amendment to the GTC, you have the right to terminate the contract in text form without observing a notice period as of the date on which the amendment takes effect. EINHUNDERT will expressly point this out to you in the notification of the impending change.
18. Involvement of third parties, legal succession
(1) EINHUNDERT may use third parties to fulfill its obligations.
(2) If, instead of EINHUNDERT, another company whose business purpose is the supply of electricity enters into the rights and obligations arising from the contractual relationship with you, your consent is not required. However, you must be informed of the change. If you do not agree, you may terminate the contractual relationship with immediate effect.
19. Final clause
(1) Should individual provisions of the contract or these GTC be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions of the contract. In this case, the invalid provision shall be replaced by a valid provision that comes as close as possible to the economic intent of the parties. The same shall apply in the event of a loophole. In addition, the provisions of the Ordinance on General Terms and Conditions for Grid Connection and its Use for Electricity Supply in Low Voltage (Low Voltage Connection Ordinance – NAV) and the Ordinance on General Terms and Conditions for the Basic Supply of Household Customers and the Substitute Supply of Electricity from the Low Voltage Grid (Basic Electricity Supply Ordinance – StromGVV) shall apply in their respective valid versions.
Right of revocation
(1) You have the right to revoke your contract within fourteen days from the date of the conclusion of the contract without giving any reason. To exercise your right of revocation, you must inform us (EINHUNDERT Energie GmbH, Lichtstrasse 25, 50825 Cologne, Germany, Tel.: +49 221 888 7 999 9, firstname.lastname@example.org) of your decision to revoke this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
(1) If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
(2) If you have requested that the delivery of electricity should commence during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.