Terms and Conditions for the supply of electricity

Scope of Application

These General Terms and Conditions form the basis of the contract between you as a consumer within the meaning of § 13 BGB and Stadtwerke Duisburg AG for the supply of electricity. Otherwise, the Regulation on General Conditions for the Basic Supply of Household Customers and the Emergency Supply with Electricity from the Low-Voltage Grid (Electricity Basic Supply Regulation - StromGVV) in the version of 26.10.2006 (last amended on 22.11.2021) applies accordingly to this contractual relationship, unless different regulations are made below. In the event of changes to the StromGVV, Stadtwerke Duisburg AG is entitled to demand an adjustment to the respectively valid version. All legal transactions, e.g. written communications, confirmations, offers, acceptances as well as public announcements may also be made in text form, e.g. by email, deviating from the StromGVV, unless another form is expressly specified below.

What is the subject of the contract and how is it concluded?

The subject of the contract is the supply of electricity to the consumption point you have specified with a standard load profile, i.e. without registering power measurement, whereby the annual withdrawal quantity may not exceed 100,000 kWh of electricity. The contract also includes grid usage as well as measurement by the responsible metering point operator cf. § 2 No. 5 Metering Point Operation Act (MsbG). Prerequisites for concluding the contract are the specification and maintenance of a valid billing address and - if you have concluded an online contract with us - a valid email address. In the event of a change to your email address and/or your billing address, you are obligated to inform Stadtwerke Duisburg AG immediately. The contract is concluded by confirmation of the supply order signed by the customer (order form) by Stadtwerke Duisburg AG in text form (contract confirmation), at the latest with the start of supply.

How long is the contract term and how can the contract be terminated?

The initial contract term and the term of the respective contract extensions correspond to the product selection you made in the course of placing the order and can be found in the attached product data sheet. The contract can be terminated by both contracting parties at the end of a contract term. The notice period can be found in the attached product data sheet. The termination must be in text form. If the contract has not been terminated or otherwise ended, it shall be extended indefinitely with a notice period of one month. In the case of a change of residence, the customer is entitled to extraordinary termination with a notice period of six weeks. The termination can be declared with effect from the time of moving out or with effect from a later date. This does not apply if the supplier offers the customer within two weeks of receiving the termination in text form a continuation of the supply contract at his new place of residence under the previous contractual conditions and supply at the new withdrawal point is possible. For this purpose, the customer must communicate his future address or a market location number used to designate his future withdrawal point in his extraordinary termination.

Credit Check

a. In accordance with the consent to the credit check given by the customer in the registration process, Stadtwerke Duisburg AG is entitled to obtain credit information about the customer. Our company regularly checks your creditworthiness when concluding contracts. b. Stadtwerke Duisburg AG is entitled to reject a contract conclusion with the customer in particular if the information from the credit check suggests insufficient creditworthiness of the customer to fulfill his payment obligations under this contract.

When does delivery begin and when do I have to pay?

a. Delivery begins at the earliest on the date specified by you and listed by Stadtwerke Duisburg AG in the contract confirmation, provided that delivery is actually and legally possible at this time. Otherwise, the start of delivery will be determined by Stadtwerke Duisburg AG. If delivery cannot begin within twelve months of contract conclusion, Stadtwerke Duisburg AG will inform you of this. Both parties then have the opportunity to withdraw from the contract within 14 days of receiving this notification. If neither party withdraws from the contract within this period, the start of delivery will be determined by Stadtwerke Duisburg AG. A possible supplier change is generally free of charge and is carried out quickly by Stadtwerke Duisburg AG within the statutory deadlines. The price you have to pay is based on your actual consumption in connection with the product you have selected and the individual product configuration you have made, which you can find in the product data sheet. The payment obligation begins with the start of delivery.

How is my price composed, how do price changes occur and do I have a right of termination in case of price changes?

a. Your electricity price includes the following costs: procurement and distribution costs, VAT, electricity tax, concession fee, fees for grid usage, for measurement and metering point operation of conventional and modern measuring devices by the responsible metering point operator, billing costs, additional charges according to § 12 EnFG (from the obligations of the Combined Heat and Power Act and the offshore grid surcharge), the Electricity Grid Fee Regulation (StromNEV) according to § 19 para. 2 and the surcharge for interruptible loads according to § 18 para. 1 AbLaV. b. (1) If you have chosen a tariff that is designated as a classic tariff in the product data sheet, and your consumption is recorded via an intelligent measuring system (iMSys), you will be charged a basic price reduced by the amount specified in the product data sheet. Stadtwerke Duisburg AG will bill you separately for the costs of measurement and metering point operation using iMSys in the amount actually incurred, at the latest with the billing. Paragraphs d. to g. do not apply. The actual costs for an iMSys vary depending on the metering point operator. The statutory price caps serve as cost orientation, see price sheet for the price caps for intelligent measuring systems (iMSys). You can find their amount in the price sheet of your responsible metering point operator. Stadtwerke Duisburg AG communicates the exact amount with the contract confirmation. If you have commissioned your own metering point operator, you will be charged a basic price reduced by the amount specified in the product data sheet. (2) If you have chosen a tariff that is designated as an intelligent tariff in the product data sheet, and your consumption is recorded via an iMSys, the measuring price for iMSys specified in the product data sheet of the tariff you have chosen applies in addition to the basic price. If you have commissioned your own metering point operator, the measuring price for iMSys will not be charged. c. If you have commissioned your own metering point operator, they will bill you directly for the fees for measurement and metering point operation; no billing via Stadtwerke Duisburg AG takes place. d. Price changes by Stadtwerke Duisburg AG are made by way of unilateral performance determination in the exercise of reasonable discretion according to § 315 BGB. The customer can have this reviewed by civil court according to § 315 BGB. In the unilateral performance determination by Stadtwerke Duisburg AG, only changes in costs that are decisive for price determination according to paragraph a and paragraph b (2) are to be considered. Stadtwerke Duisburg AG is entitled to carry out a price change in case of cost increases, obligated in case of cost reductions. In price determination, Stadtwerke Duisburg AG is obligated to consider cost increases only taking into account offsetting cost reductions and to carry out a balancing of cost increases and cost reductions. e. Stadtwerke Duisburg AG reviews cost development at least every twelve months. Stadtwerke Duisburg AG must determine the scope and timing of a price change so that cost reductions are taken into account according to the same business criteria as cost increases. In particular, Stadtwerke Duisburg AG may not pass on cost reductions later than cost increases. f. Price changes only become effective after written notification to customers, which must be made at least one month before the intended change. g. If Stadtwerke Duisburg AG changes prices, the customer has the right to terminate the contract without observing a notice period upon the change taking effect. Stadtwerke Duisburg AG will expressly point this out to the customer in the written notification of the upcoming change. The termination must be in text form. Stadtwerke Duisburg AG must confirm the termination immediately upon receipt in text form. The right to extraordinary termination according to § 314 BGB remains unaffected. h. Paragraphs d)- g) apply accordingly if the procurement, generation, delivery, distribution, placing on the market or consumption of electricity is subject to a new tax, levy or other sovereign imposed, generally binding burden (i.e. no fines etc.) after contract conclusion, insofar as this has direct influence on the costs for the services owed under this contract. The same applies if the amount of a passed-on tax, levy or other sovereign burden changes or ceases. i. Deviating from paragraphs d)-h), changes in VAT according to the VAT Act are passed on at the time the change takes effect without announcement and without extraordinary termination possibility. j. Due to the tariff diversity, Stadtwerke Duisburg AG points out for reasons of practicability and clarity for special contract customers, deviating from the information obligations of a basic supplier according to § 2 para. 3 of the StromGVV, exclusively the federally uniform applicable state or regulatory induced surcharges and burdens contained in the electricity price on their website. Reference is also made to the information platform of the transmission system operators regarding surcharges and burdens. Regarding the non-federally uniform burdens (currently grid fees and concession fees), reference is also made to the information platform of the local grid operator.

What does my price guarantee cover?

a. If your selected electricity product includes a price guarantee, changes, new introductions and elimination of taxes and levies as well as state-induced burdens and reliefs that affect procurement, generation, grid connection, grid usage (transmission and distribution) or consumption of electrical energy are excluded from this price guarantee. The passing on of these burdens and reliefs in the price guarantee period is carried out according to section 6 paragraphs d) to g). For a tariff designated as a classic tariff in the product data sheet, the costs for measurement and metering point operation using iMSys are also excluded from the price guarantee. The passing on of these costs is carried out according to section 6 paragraph b(1). For a tariff designated as an intelligent tariff in the product data sheet, the measuring price for iMSys according to section 6 paragraph b(2) is covered by the price guarantee. b. The term of your price guarantee depends on the electricity product you have selected. After the expiration of the first price guarantee, another price guarantee follows. You can find the duration of the price guarantee and the subsequent price guarantee in the product data sheet. Price changes at the beginning of another price guarantee are carried out according to section 6 paragraphs d to g.

Billing, Invoicing, Payment

a. Payment can be made at your choice by bank transfer or alternatively by granting a SEPA basic direct debit mandate (direct debit procedure). If you choose the direct debit procedure, we will inform you of our creditor identification number and the mandate reference number assigned to your direct debit authorization in text form. You can also find this information in the purpose of your account statement for SEPA basic direct debits. b. If you have granted us a SEPA basic direct debit mandate, the minimum period for the advance notification (pre-notification) for collections in the SEPA basic direct debit procedure is shortened to a period of five calendar days before due date. c. During the billing period, you pay monthly or quarterly advance payments depending on your selected product configuration, which result from your actual or estimated previous year's consumption or the ordered energy quantity. The first payment becomes due at the earliest from the start of delivery, the subsequent advance payments follow depending on your selected product configuration at intervals of one or three months respectively. The advance payments are credited to the billing. The amount of the advance payments will be communicated to you with the contract confirmation for first-time supply and with the consumption billing for continued supply. For electricity products with an intelligent tariff whose metering point is equipped with an intelligent measuring system [iMSys], consumption billing is carried out periodically via an actual billing. In this case, no advance payments are collected. Invoice amounts and advance payments become due at the time specified by Stadtwerke Duisburg AG, but at the earliest two weeks after receipt of the payment request. Outstanding payments are reminded after due date. The costs for the reminder can be found in the product data sheet. You are always permitted to prove lower costs. For bank returns, i.e. if bank collection is not possible, appropriate and justified third-party fees in the amount actually incurred are passed on to the customer. The assertion of default interest at the statutory rate as well as further default damages in the amount actually incurred remains reserved. The higher actual damage is then asserted instead of the flat-rate damage, crediting any reminder cost flat rates already paid. e. The customer's electricity consumption is determined and billed annually at the end of the billing period, subject to paragraph f). f. Deviating from paragraph e), billing is also carried out monthly, quarterly or semi-annually at the customer's request. The customer is further entitled to free electronic transmission of billings and billing information as well as free annual transmission in paper form. In case of electronic transmission, billing information is made available to the customer free of charge at least every six months, upon request every three months. Customers for whom remote transmission of consumption data takes place receive billing information via the supplier's online customer portal monthly free of charge. g. The customer receives the consumption billing from Stadtwerke Duisburg AG at the latest six weeks after the end of the billing period and a final billing at the latest 6 weeks after the end of the supply relationship with the actual electricity consumption in the billing period as well as information on the actual determination of the meter reading. If billing is carried out monthly, the deadline for billing is three weeks. h. If the billing results in a credit for the customer, Stadtwerke Duisburg AG will refund this within two weeks or fully offset it against the next advance payment demand. Future advance payments are adjusted accordingly. Credits from a final billing are paid out within two weeks.

When can the supply be interrupted?

a. Stadtwerke Duisburg AG is entitled to have the electricity supply interrupted by the grid operator without prior threat if you culpably act contrary to the contract including these general electricity supply conditions to a not insignificant extent and the interruption is necessary to prevent the use of electricity by bypassing, influencing or before installation of the measuring devices. b. For other contraventions, particularly for non-fulfillment of a payment obligation despite reminder, Stadtwerke Duisburg AG is entitled to have the electricity supply interrupted 4 weeks after threat. This does not apply if the consequences of the interruption are disproportionate to the severity of the contravention or if you demonstrate that there is sufficient prospect that you will meet your obligations. Due to payment default, Stadtwerke Duisburg AG may only have an interruption of electricity supply carried out under the aforementioned conditions if you are in default with payment obligations of at least 100.00 euros after deduction of any advance payments. In calculating the amount, those non-titled claims that you have objected to in proper form and time and with sound reasoning are not considered. Furthermore, those arrears are not considered that are not yet due because of an agreement between you and Stadtwerke Duisburg AG or that result from a disputed and not yet legally decided price adjustment by Stadtwerke Duisburg AG. c. You will be informed four weeks before a planned supply interruption due to non-payment in an appropriate manner clearly and easily understandably about possibilities to avoid the supply interruption that do not cause additional costs for you. d. The beginning of the interruption of electricity supply will be announced to you three working days in advance. e. Stadtwerke Duisburg AG must have electricity supply restored immediately as soon as the reasons for its interruption have ceased and you have compensated the costs of interruption and restoration of supply. The costs of interruption and restoration of supply can be found in the product data sheet. You are always permitted to prove lower costs.

Bonus Payment

a. Insofar as Stadtwerke Duisburg AG has agreed a new customer bonus with you upon contract conclusion, the following regulations apply: The one-time bonus payment is made provided the contractual relationship has existed uninterrupted for twelve supply months. The bonus will be credited and offset to you after the expiration of twelve months with the next consumption billing; any customer credit exceeding after this offset will be paid out. For granting a new customer bonus applies: New customer is who has not been supplied by Stadtwerke Duisburg AG in his household in the last six months before contract conclusion. The amount of the bonus depends on the consumption actually calculated in the first annual consumption billing. You can find a table with bonus amounts for the respective consumption segments on the product data sheet. b. Insofar as Stadtwerke Duisburg AG has agreed an immediate bonus with you, this becomes due at the time communicated to you in your contract confirmation, but at the latest sixty days after start of delivery. Stadtwerke Duisburg AG does not have to grant the immediate bonus if the energy supply contract is terminated before the time specified in the contract confirmation or if you are not a new customer according to the definition in section 10 a. Stadtwerke Duisburg AG may refuse payment of the immediate bonus as long as outstanding claims exist. If an immediate bonus is promised, a bank connection must be specified upon contract conclusion to which Stadtwerke Duisburg AG can transfer the immediate bonus on the due date.

Who is liable for claims from supply disruptions?

In case of a disruption or irregularities in electricity supply, Stadtwerke Duisburg AG is exempt from its performance obligation according to § 6 para. 3 StromGVV insofar as it concerns consequences of a disruption of grid operation or metering point operation. Claims from supply disruptions within the meaning of § 6 para. 3 sentence 1 StromGVV are, insofar as they concern consequences of disruption of grid operation, to be asserted against the grid operator or, insofar as they concern consequences of disruption of metering point operation, against the responsible metering point operator. For damages caused in other ways including damages due to non-compliance with contractually agreed service quality, which also includes inaccurate or delayed billings, Stadtwerke Duisburg AG is liable for intent and gross negligence, also of their vicarious agents, according to statutory provisions. The same applies to negligently caused damages from injury to life, body or health. For negligently caused property and financial damages, Stadtwerke Duisburg AG and their vicarious agents are only liable for breach of an essential contractual obligation, but limited in amount to the damages foreseeable and typical for the contract at the time of contract conclusion. Essential contractual obligations are those whose fulfillment characterizes the contract and on which the customer may rely.

Changes to the General Terms and Conditions (GTC)

Changes to the General Terms and Conditions will be communicated to you by Stadtwerke Duisburg AG at the latest four weeks before taking effect in text form and by publication on the internet. In case of a change to the General Terms and Conditions, you have the right to terminate the contract without observing a notice period at the time the changes take effect. A unilateral change to the General Terms and Conditions is only permissible if there is an objective necessity for adjustment, such as in case of changes to laws, ordinances or case law with effects on the effectiveness of the GTC or on the reasonableness of unchanged contract continuation. The termination must be in text form.