Conditions générales de participation à un achat collectif

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Version: February 2025

These general conditions govern participation in the Collective Purchase scheme. The aim of the Collective Purchase is to facilitate group procurement, ensuring competitive offers from Installers for Participants. By enrolling in the scheme, Participants acknowledge and agree to the terms outlined herein, which govern their participation and interactions with the Project Coordinator, Community Leader, and Installers.

Definitions

“Participant” refers to a person or entity who registers for the Collective Purchase and meets all eligibility criteria. Participation is non-transferable.

“Installer” refers to a licensed and qualified contractor who provides installation services for heat pumps or other products as part of the Collective Purchase.

“Collective Purchase” refers to a group procurement process where the Project Coordinator facilitates negotiations with Installers, providing Participants with offers from vetted Installers. The Participant independently decides whether to purchase a heat pump and/or other products/services under the negotiated terms.

“Project Coordinator” refers to Shiftup GmbH, a private limited liability company registered at In der Hardt 18, 76698 Ubstadt-Weiher and with register court Mannheim HRB 751363, organising and facilitating the Collective Purchase but not assuming responsibility for the quality, safety, or performance of the products/services offered by Installers.

“Community Leader” refers to an individual or organisation supporting the Project Coordinator in organising the Collective Purchase but without legal responsibility for its execution.

“Writing” includes communication via letter, email, or electronic submission through the internet.

1. Introduction

1.1. These General Conditions along with the Project Coordinator’s Privacy Notice apply when the Participant registers on or use the Project Coordinator’s website and affiliated websites designed for Collective Purchase schemes organised by the Project Coordinator (the “Sites”) or when registering through a Community Leader. By accessing and using these Sites or the Project Coordinator’s paper-based (offline) service, the Participant agrees to be bound by these General Conditions and the Privacy Notice. If the Participant does not agree, they must discontinue use immediately.

1.2. The Project Coordinator provides an independent service that enables Participants to take part in a Collective Purchase scheme. This service is free for Participants. Nothing on the Sites or in written communications from the Project Coordinator constitutes a recommendation or endorsement of any specific Installer, product, or service, nor does the Project Coordinator guarantee the availability of Installers or specific outcomes. While the Project Coordinator takes every effort to provide accurate information, all content on the Sites or in written communications is intended for general informational purposes only. It is provided to help Participants assess whether they are interested in entering into a direct contract with an Installer. Installers participating in the group procurement process submit competing offers outlining their terms for eligible Participants.

1.3. It is the Participant’s sole responsibility to assess the suitability, adequacy, and appropriateness of any product or service they are considering. The decision to enter into a contract with an Installer rests entirely with the Participant and the Participant acknowledges that any contractual or warranty claims must be made directly to the Installer and not the Project Coordinator. If the Participant has any doubts regarding the suitability, adequacy, or appropriateness of a product or service, they are encouraged to seek independent professional advice before entering into a contract with an Installer.

2. Registration and participation

2.1. Participation in the Collective Purchase scheme is free of charge and open to individuals, businesses, or organisations that meet the eligibility criteria specified by the Project Coordinator. The Project Coordinator reserves the right to modify these criteria at its discretion. These eligibility criteria include but are not limited to:

The Participant must be the owner of the building where the heat pump and/or other products/services will be installed or have explicit written permission from the owner. Such permission must clearly authorise the installation and any related modifications to the building.
The building where the installation is to take place must be located within the designated area of the Collective Purchase scheme.
The Participant must be at least 18 years old and have a verifiable residential address, or they must be a registered company (limited by shares or by guarantee).
The Participant must not be subject to any legal, regulatory, or practical constraints that would prevent their lawful participation in the Collective Purchase scheme, including but not limited to planning restrictions, building regulations, or property covenants.

2.2. To participate, the Participant must complete the registration process by providing accurate and complete information as requested. The Participant must inform the Project Coordinator of any changes to their information to ensure accurate communication and processing of their participation. If the selected Installer has already been notified, the Participant must inform them as well.

2.3. The Project Coordinator reserves the right to set a maximum number of Participants and to adjust this number retrospectively. Such adjustments may be made in particular for organisational reasons, due to capacity limitations, or to ensure the quality of implementation.

2.4. The Project Coordinator reserves the right to refuse participation if the Participant does not meet the eligibility criteria, provides inaccurate information, or fails to comply with these General Conditions.

3. Role of the Project Coordinator

3.1. The Project Coordinator facilitates the Collective Purchase scheme by organising a group procurement process. It does not sell, install, or provide any products or services directly.

3.2. The Project Coordinator selects Installers through a competitive procurement process, aiming to secure favourable terms for Participants. However, it does not guarantee the performance, quality, or suitability of any Installer, product, or service.

3.3. The Project Coordinator provides Participants with information about the selected Installer’s offer, but the final decision to enter into a contract remains solely with the Participant.

3.4. The Project Coordinator reserves the right to modify the procurement process, selection criteria, and timeline at any time to ensure the effectiveness of the scheme. Such modifications will be communicated to Participants in writing.

3.5. The Project Coordinator aims to respond to Participant inquiries within five business days but does not guarantee specific response times. Communication will primarily be conducted through email or the Site, unless circumstances require alternative means of communication.

3.6. The Project Coordinator may limit the number of participating Installers and cannot guarantee Installer availability in all areas within the designated region of the Collective Purchase scheme.

4. Participant’s responsibilities

4.1. The Participant acknowledges that their participation in the scheme does not obligate them to enter into a contract with an Installer.

4.2. The Participant is responsible for carefully reviewing the Installer’s offer, including all terms and conditions, before making a decision.

4.3. The Participant must provide accurate and up-to-date information during the registration process and throughout their participation. The Participant bears full responsibility for any consequences resulting from inaccurate or misleading information provided, including but not limited to disqualification from the scheme.

4.4. If the Participant decides to proceed with an installation, they must enter into a direct contract with the Installer and comply with the agreed terms. The Project Coordinator is not a party to any contract between the Participant and the Installer.

4.5. The Participant is responsible for obtaining all necessary permits, permissions, and approvals required for the installation, including but not limited to planning permissions, building regulations approval, and listed building consent where applicable.

5. Limitation of liability

5.1. The Project Coordinator acts solely as a facilitator and is not liable for the performance, quality, or outcome of any contract entered into between the Participant and the Installer.

5.2. The Project Coordinator does not provide any warranties, express or implied, regarding the accuracy, reliability, or completeness of the information provided on the Site or in communications.

5.3. The Participant agrees that the Project Coordinator will not be held liable for any loss, damage, or dispute arising from the Participant’s decision to enter into a contract with an Installer.

5.4. The Project Coordinator is not liable for failures or delays caused by Force Majeure events, including but not limited to natural disasters, pandemics, regulatory changes, cybersecurity threats, or any event beyond the Project Coordinator’s reasonable control.

5.5. Due to the nature of digital communications and infrastructure, the Project Coordinator cannot guarantee uninterrupted access to the Sites or its services and is not liable for any defects, losses, or damages resulting from service interruptions, cyber intrusions, viruses, technical faults, or similar issues affecting the Sites. No legal rights can be derived from such interruptions or technical issues.

5.6. Under no circumstances shall the Project Coordinator be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:

Participant’s participation in the Collective Purchase scheme,
Participant’s access to or use of the Sites, or
any conduct or content of any third party in connection with the scheme.

6. Data protection

6.1. The Project Coordinator processes personal data in accordance with applicable data protection laws and the Project Coordinator’s Privacy Notice.

6.2. By participating in the scheme, the Participant agrees to the collection, processing, and sharing of their personal data as necessary to facilitate their participation, communicate relevant information, and coordinate with the selected Installers for the implementation of the project.

7. Amendments and termination

7.1. The Project Coordinator reserves the right to amend these General Conditions at any time. Participants will be notified of significant changes. Continued participation constitutes acceptance of the revised terms.

7.2. The Project Coordinator shall provide notice of amendments to these General Conditions at least 30 days before they take effect by email, unless immediate implementation is required for legal or regulatory compliance.

7.3. The Participant may withdraw from the scheme at any time by informing the Project Coordinator in writing.

7.4. The Project Coordinator reserves the right to terminate the Participant’s involvement if they breach these General Conditions or engage in activities that disrupt the scheme.

8. Governing law and jurisdiction

8.1. These General Conditions are governed by the laws of Germany.

8.2. Any disputes arising from participation in the scheme shall be resolved through negotiation. If no resolution is reached, the place of jurisdiction shall be Germany.

9. Final provisions

If any provision of these General Conditions is deemed invalid or unenforceable, the remaining provisions shall remain unaffected and continue in full force and effect.