Terms & Conditions
I. Scope and contracting party
(1) The Customer’s contracting party within the meaning of these General Terms and Conditions of Business and Delivery is EV-IG GmbH, Stockkamp 10, 22607 Hamburg, Managing Directors: Liliana Fortich, Commercial register: District Court of Hamburg, HRB 155937 (hereinafter EV-IG GMBH).
(2) Only the following General Terms and Conditions of Business and Delivery in the version valid at the time of the order/redeeming of a voucher/offer shall apply to the business relationship between EV-IG GMBH and the Customer. Any contract offers made by the Customer with reference to its terms and conditions shall be herewith refuted.
(3) No verbal agreements were made. Third parties who work for EV-IG GMBH but are not EV-IG GMBH employees are not authorised to make agreements deviating from these terms or provide any assurances. This also applies for retrospective changes and addenda.
(4) Customers within the meaning of the terms and conditions are both consumers and business owners and legal entities under public law. Consumers within the meaning of the terms and conditions are natural persons who have entered into a business relationship and who are not acting within a commercial or independent means of making a living. Business owners within the meaning of the terms and conditions are natural persons or legal entities or partnerships with legal capacity who have entered into a business relationship and who are acting within the context of a commercial or independent means of making a living, as well as legal entities under public law.
1. Conclusion of contract
The presentation of products in the online shop or of software and hardware solutions and other services does not constitute a legally binding offer, but rather a non-binding online catalogue. By clicking the button “ORDER FOR A FEE”, the Customer places a binding order for the items contained in the basket. Immediately after the order is placed, confirmation of receipt of the order is provided together with the acceptance of the order by an automatic e-mail. The contract of sale enters into force with this e-mail confirmation.
In the event that EV-IG GMBH provides the Customer with a written offer for products and/or services, the contract comes into effect if this is accepted by the Customer (preferably in writing) within the time limit and/or if the Customer avails itself of services offered by EV-IG GMBH.
The content and scope of the service owed by EV-IG GMBH are based on the service description provided by EV-IG GMBH in the order form, voucher or offer. EV-IG GMBH or the third parties entrusted with the provision of the service shall not be obliged to carry out any work that goes beyond the contractually agreed service (such as breakthroughs, any adjustments or additional work, in particular if the existing electric installation is insufficient and/or if there is no suitable power connection available.) This work shall be the sole responsibility of the Customer.
3. Delivery, shipping
a. The shipping of goods shall be from the warehouse to the kerbside of the delivery address provided by the Customer. In the event of an international delivery or service, the Customer shall bear all custom duties, fees and other taxes. The transfer of risk is based on clause 4 of these General Terms and Conditions of Business and Delivery.
b. The delivery time for goods and services shall be agreed on an individual basis or shall be indicated by EV-IG GMBH upon acceptance of the order. Unless a binding deadline has been expressly agreed, EV-IG GMBH does not guarantee a delivery time. If, despite prior notice of the delivery time, the Customer is not present for delivery and did not communicate this promptly in advance, EV-IG GMBH shall be entitled to request all additional costs incurred as a result, in particular those arising from further delivery attempts or storage costs.
c. The Customer shall be entitled to withdraw from the purchase if EV-IG GMBH is culpable of not adhering to a binding agreed deadline or if it defaults for another reason and the Customer has subsequently given EV-IG GMBH an appropriate extension period to deliver the service to no avail.
d. EV-IG GMBH reserves the right not to perform installation services due to unforeseen circumstances or for reasons for which EV-IG GMBH is not responsible. EV-IG GMBH shall inform the Customer about this by e-mail immediately. The Customer shall be refunded the purchase price already paid.
e. EV-IG GMBH reserves the right to make partial deliveries provided that this is acceptable to the Customer.
4. Transfer of risk
a. If the Customer is a business owner, the risk of accidental loss or damage to the goods shall transfer to the Customer upon delivery; in the case of a mail order transaction, the risk shall transfer to the Customer when the goods are delivered to the forwarder, haulier or other entity designated to ship the goods.
b. If the Customer is a consumer, the risk of accidental loss or accidental damage to the goods sold shall be transferred to the buyer upon delivery, even in the event of mail order transactions.
c. The transfer shall be deemed to have taken place, even if the Customer delays in accepting the goods.
5. Provision of services by third parties
EV-IG GMBH shall reserve the right to appoint third parties to provide the services owed, either in their entirety or in part.
6. Prices, payment and maturity
a. The prices stated at the time when the goods in the order form are ordered, when the voucher is purchased or in the offer for goods shall apply (subject to clause III). All specified prices are stated in euros, including sales tax and excluding any delivery and shipping costs stated there. Additional or special services shall be invoiced separately.
The Customer shall be billed for the services or goods ordered after the delivery of the goods or provision of the service ordered, if not otherwise specified in III or separately regulated. There is no possibility of any cash discount.
c. Should the Customer default by receiving a reminder after the due date or default automatically once thirty days have lapsed following receipt of the invoice, EV-IG GMBH shall reserve the right to charge default damages (e.g. collection fees, reminder fees (for companies, these are EUR 40.00 in accordance with legal requirements) and default interest).
d. In the case of a voucher being used, the redeeming of the voucher counts as the settlement of the invoice in the amount of the voucher value or for the service described therein. Points 6.b. and 6.c. are not relevant.
7. Retention of title
Until payment is made in full, the delivered goods shall remain the property of EV-IG GMBH. The Customer shall be obliged to properly insure the items for which EV-IG GMBH retains ownership (i.e. insurance against theft, fire, water and weak current). Proof of the relevant insurance must be provided to EV-IG GMBH upon request. In the event of damage, the Customer’s insurance claim shall be deemed assigned to EV-IG GMBH.
8. Duty of the Customer to cooperate
a. The Customer is responsible for procuring all public and private permits necessary for the installation, connection and operation of the charging station.
b. If the installation and connection of a charging station or an installation check/site check has been agreed, the Customer must
(1) ensure that there is a suitable and clear space available for the installation check/site check, the installation and the connection of the charging station
(2) make any adjustments to ensure that the installation, connection and later operation of a charging station is possible
(3) be present at the time and date agreed for the installation or authorise a third party to take his/her place,
(4) provide EV-IG GMBH with the necessary information on the location of concealed electricity cables, gas pipes, water pipes or any similar facilities as well as the necessary static details without being requested to do so,
(5) grant EV-IG GMBH or third parties commissioned by same the usage, access and manipulation rights to the affected plot of land, buildings and premises,
(6) guarantee that, should they not be the owner of the property, they have acquired all permits for the installation and connection of the charging station and shall fully indemnify and hold blameless EV-IG GMBH or the third party commissioned by same.
c. If the installation and connection of a charging station or hardware for the service specified under item III is not carried out by an installer contracted by EV-IG GMBH, the Customer must ensure that the handover protocol according to the current template is sent.
d. If the service cannot be provided at the agreed time because of a violation of the Customer’s duty to cooperate or due to other reasons for which the Customer is responsible, a new date shall be agreed and EV-IG GMBH shall be entitled to charge separately for additional costs arising from the service delay or interruption (e.g. any additional journeys required).
a. Any claims for damages by the Customer are excluded. Exceptions to this are the Customer’s damages arising from injury to life, physical injury or damage to health and the liability for other damages resulting from intent or gross negligence on the part of EV-IG GMBH or its statutory representatives or vicarious agents. Furthermore, this shall not affect liability for the breaching of duties, the fulfilment of which is a pre-requisite for the proper performance of the contract and adherence to which the Customer may routinely rely on, or maliciously concealed defects. In the event of a slightly negligent violation of these contractual duties, EV-IG GMBH shall only be liable for damages that are foreseeable and typical under this agreement, unless the Customer claims damages relating to injury to life, body or health.
b. Paragraph 1 also applies in favour of EV-IG GMBH’s statutory representatives or vicarious agents if claims are asserted directly against them.
c. The provisions of the German Product Liability Act shall remain unaffected.
d. Liability for indirect or consequential damages, such as loss of profit, unrealised savings, work stoppage, third-party claims and consequential damages or damages due to loss of data shall be excluded to the extent permitted by law.
e. Temporary disruptions, restrictions and/or interruptions to the EV-IG GMBH customer portal (for example, due to maintenance work) are possible and are not deemed technical defects. They do not entitle the Customer to damages and/or compensation claims.
f. The EV-IG GMBH contractual duties function partly (cf. for example clause III) with help from the essential communication infrastructure such as mobile or wired internet connections. EV-IG GMBH shall not be liable for damage caused by malfunctioning of the communications infrastructure and/or power supply. The same shall apply if the Customer commissions a third party with the installation of components and/or the configuration of the components and/or if there are vehicle defects which make proper charging at least temporarily impossible. Controllers obtained from EV-IG GMBH only function in conjunction with the software provided by EV-IG GMBH. Charging stations obtained from third parties only function if the additional prerequisites – over which EV-IG GMBH has no control – associated with the EV-IG GMBH software are met.
g. EV-IG GMBH is only liable for demonstrable adequate causal damages, in accordance with applicable legal regulations.
h. In the event of data loss, EV-IG GMBH is only liable for the outlay required to restore the data when the Customer is backing up the data correctly. In the event of slight negligence on the part of EV-IG GMBH, this liability shall only apply if the Customer backed up data properly immediately before the action which led to the data loss.
10. Claim for defects
a. The guarantee is in accordance with statutory provisions.
b. If a Customer is a business owner, the Customer must inspect the items immediately after their delivery, as far as this is feasible in the orderly course of business. The items must also undergo a functional test. Should the inspection or functional test reveal a defect, EV-IG GMBH is to be notified thereof without undue delay. The Customer should handle the goods with due care. If the report is not made, then any liability for defects of the items shall be excluded. The condition of the items shall be deemed approved if the Customer fails to notify EV-IG GMBH within 14 days of delivery of the items. Concealed defects that could not have been found within the aforementioned time period can then only be asserted against EV-IG GMBH if the notice of defects is received within one year of the items being transferred.
c. EV-IG GMBH is not liable for guarantee commitments by device manufacturers.
d. If the installation of a product is not carried out by EV-IG GMBH or by a third party authorised by EV-IG GMBH, EV-IG GMBH shall not be liable for faulty installation, defects or damages which are caused by faulty installation and, in particular, by non-compliance with the applicable installation regulations.
e. The Customer must describe defects in as much detail as possible and inform EV-IG GMBH in writing.
11. Limitation period for claims for defects
a. If the Customer is a business owner, claims for defects relating to the production and delivery of new goods lapse after one year. If the Customer sells on an item delivered by EV-IG GMBH within the framework of normal business operations, the recourse claims according to § 478 of the German Civil Code – contrary to the periods stated in clause 1 – remain unaffected.
b. If the Customer is a consumer, claims for defects relating to the production and delivery of new goods lapse after two years and in the case of delivery of a used item, after one year.
The business customer agrees to be named as a reference by EV-IG GmbH after the order has been placed. EV-IG GmbH is also entitled to use the logo of the business customer on its own website and in marketing documents. This agreement may be terminated at any time without stating a reason.
The Customer only has a right of set-off if his counterclaims are established as legally valid or are undisputed.
14. Taking over of contract
EV-IG GMBH is entitled to transfer this contract, together with all rights and duties, to a company of its choice. If this contract is transferred to another company, the user has an exceptional right of termination, which must be exercised vis-à-vis EV-IG GMBH within one week of receiving notification in writing.
15. Service and support
Customer queries (e.g. questions about operation, reports of technical malfunction etc.) can be made by e-mail and/or telephone from Monday to Friday from 8.00 to 16.00. Queries will usually be answered within two working days, but the Customer has no entitlement to an answer within two days. Regulations which deviate from clause II 14 must be agreed separately in writing by EV-IG GMBH and the user.
16. Force majeure
Impediments to performance caused by force majeure or similar unforeseen events which are not the responsibility of either party entitle each party to the contract to delay its service owed under the terms of the contract for as long as the impediment lasts and for as long as it is impossible to fulfil the obligation due to this situation, provided that one of the parties to the contract notifies the other party to the contract of this within two weeks of the beginning of force majeure. This does not apply to payments due in accordance with the contractual relationship.
17. Right of cancellation
If the Customer has entered into a contract with EV-IG GMBH for the delivery of good as a consumer, the Customer has a right of cancellation according to the following cancellation policy:
Cancellation policy for goods
(1) Right of cancellation The Customer has the right to cancel the contract within fourteen days, without stating a reason. The cancellation period is fourteen days from the day on which the Customer or a third party acting on behalf of the Customer, who is not the carrier, has taken possession of the last item. In order to exercise the right of cancellation, the Customer must inform EV-IG GMBH: EV-IG GmbH, Stockkamp 10, 22607 Hamburg email@example.com, about the decision to revoke the contract by means of an unambiguous declaration (for example, a letter sent by post, a fax or an e-mail). The Customer may use the attached sample cancellation form for this purpose, but this is not mandatory. The timely dispatch of the cancellation notice prior to the cancellation deadline is sufficient for the cancellation deadline to be met.
(2) Consequences of cancellation: if the Customer withdraws from a contract, EV-IG GMBH must repay all the payments that it has received from the Customer, including delivery costs (with the exception of additional costs that have resulted from the Customer having chosen a different delivery service to the cheapest standard delivery service offered by EV-IG GMBH), within fourteen days at the latest of EV-IG GMBH receiving notification of cancellation of the contract. EV-IG GMBH will use the same payment method for repayment as the Customer used for the original transaction, unless explicitly agreed otherwise with the Customer; in no circumstances will the Customer be charged for this repayment. EV-IG GMBH can refuse repayment until it has the goods in its possession again or until the Customer has provided evidence that the goods have been sent back, whichever is the case sooner. The Customer must return or deliver the goods to EV-IG GMBH promptly and always within fourteen days of advising EV-IG GMBH about the cancellation of the contract. The deadline is met if the Customer sends the goods before the expiry of the fourteen-day period. The Customer bears the direct costs of sending back goods which can and cannot be sent as by post. The cost returning goods which cannot be sent by post is estimated to be EUR 30 at most. The Customer shall only pay for any loss in value of the goods if this loss in value is due to handling other than what is necessary to ascertain the condition, nature and functioning of the goods. The collection of the goods by EV-IG GMBH or at the expense of same is only valid if this was specifically agreed or if – in accordance with legal regulations – it is not possible to return the goods by post.
Cancellation policy for services
(1) Right of cancellation The Customer has the right to cancel the contract within fourteen days, without stating a reason. The cancellation period is fourteen days from the day of the conclusion of contract. In order to exercise the right of cancellation, the Customer must inform EV-IG GMBH: EV-IG GmbH, Stockkamp 10, 22607 Hamburg firstname.lastname@example.org about the decision to revoke the contract by means of an unambiguous declaration (e.g. a letter sent by post, a fax or an e-mail). The Customer may use the attached sample cancellation form for this purpose, but this is not mandatory. The timely dispatch of the cancellation notice prior to the cancellation deadline is sufficient for the cancellation deadline to be met.
(2) Consequences of cancellation: if the Customer withdraws from the contract, EV-IG GMBH must repay to the customer all the payments that it has received from the Customer, including delivery costs (with the exception of additional costs that have resulted from the Customer having chosen a different delivery service to the cheapest standard delivery service offered by EV-IG GMBH), within fourteen days at the latest of EV-IG GMBH receiving notification of cancellation of the contract. EV-IG GMBH will use the same payment method for repayment as the Customer used for the original transaction, unless explicitly agreed otherwise with the Customer; in no circumstances will the Customer be charged for this repayment. If the Customer has requested that the services should begin during the cancellation period, the Customer must pay EV-IG GMBH an appropriate amount equivalent to the proportion of the services already provided up to the point in time at which the Customer informs EV-IG GMBH that it is exercising its right of cancellation of the contract, compared to the full scope of the services stipulated in the contract.
(3) Special instructions: In the case of a contract for the supply of a service, the right of cancellation shall expire early if the contract is executed in full by both sides at the explicit request of the Customer, before the Customer has exercised the right of cancellation.
18. Data protection / confidentiality
EV-IG GMBH obliges its employees to comply with the provisions of the Data Protection Act.
The contracting parties shall treat in confidence any company and business secrets of the other party that become known to it within the context of the business relationship, during and also after the termination of the business relationship, unless one of the parties releases the other party from this confidentiality obligation in writing.
EV-IG GMBH is obliged – and shall oblige its employees through appropriate contractual regulations – to keep secret all documentation handed over by the Customer, information exchanged and knowledge acquired which relates to this contract and its fulfilment, even if this not explicitly designated as secret or confidential. The confidentiality obligation of EV-IG GMBH and its employees also continues to apply once the contract has come to an end. This does not apply to a disclosure before the courts or the authorities, insofar as this disclosure is made based on statutory requirements or on an order by a court or an official body. Furthermore, this does not apply to documents, information and acquired knowledge in respect of which and insofar as the Customer has given its written consent to the disclosure.
Exempted from this obligation is such information
(a) as was demonstrably already known to the recipient when the contract was concluded or as was disclosed to it by a third party after the conclusion of the contract, without any confidentiality agreement, statutory requirements or official decree being contravened, or
(b) as was known by the public when the contract was concluded or was made public thereafter, so long as this disclosure did not breach this contract.
3. Billing, direct debits, penalties
a. The respective amounts payable shall be collected from the Customer or company by means of an automatic direct debit or by means of a bill from EV-IG GMBH. The period of prior information of the SEPA Direct Debit Mandate shall be reduced to one day. The Customer or the company must ensure that the amounts to be collected can be debited from the bank account specified. If the automatic direct debit cannot be collected, EV-IG GMBH shall charge the Customer or the company a processing fee of EUR 10 for each unsuccessful transaction.
b. The Customer shall be given access to the EV-IG GMBH customer portal. Customer data should be checked and, where appropriate, updated or completed. The user is obliged to truthfully declare all his data. If payment is by means of automatic direct debit and there is not already a direct debit authorisation stored in the customer portal, the user must also upload a valid direct debit authorisation by his company, issued by a person authorised to do so and for the benefit of EV-IG GMBH. The user is obliged to communicate any changes to his data promptly in the customer portal or in writing to EV-IG GMBH.
c. The identification of the user at the charging station as well as the services used in accordance with clauses III .1 to III.2 take place via an RFID card or an RFID chip. This is used exclusively to identify the user at a charging station, where the corresponding RFID number is stored. EV-IG GMBH shall only check the identification of the user.
(1) In the case of loss or theft of the RFID card, this should be immediately communicated to EV-IG GMBH. EV-IG GMBH can block the RFID card following receipt of the report of the loss or theft complete with the card identification number. The user is responsible for all transactions made with the RFID card before it was reported as lost or stolen by the user and blocked by EV-IG GMBH.
(2) If an RFID card is lost or stolen, EV-IG GMBH shall issue the user with a new RFID card for an additional fee.
(3) The user is only entitled to activate one appropriately assigned vehicle per RFID card. In the case of culpable violation and the activation of several vehicles/users by means of the same RFID card, EV-IG GMBH reserves the right to claim from the user, in addition to the costs for the procurement of another RFID card saved, a penalty in the form of a surcharge of 100% of the procurement costs per violation. The right to assert a further claim for damages is reserved; the previous penalty shall count towards the damages. In addition, EV-IG GMBH is entitled to provisionally block the RFID card.
During the contractual period, EV-IG GMBH shall make EV-IG GMBH software updates available to the Customer/user if necessary. These usually include further developments of the standard product and are for the purpose of contractual functionality. The Customer/user incurs no additional fees for these.
During the contractual period, EV-IG GMBH may offer the Customer/user upgrades of the original software purchased, subject to a fee. These usually relate to further product modules, which can be separately ordered or purchased by the Customer/user.
IV. Closing provisions
1. These general terms and conditions are subject to the law of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
2. The language of the contract is decreed to be German only.
3. If the Customer is a businessman, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from the contractual relationship between EV-IG GMBH and the Customer shall be Munich.
4. In the event that individual provisions of the contract are legally invalid, the remaining provisions shall remain in force.