I. Scope and contractual partner
1. The customer's contractual partner within the meaning of these General Terms and Conditions of Business and Delivery is ExTra F.B. s.r.o., c.p. 130, 439 63 Libesice, Czech Republic, Managing director: Ing.Filip Blahout (hereinafter referred to as EFB).
2. The business relationship between EFB and the customer is governed exclusively by the following General Terms and Conditions of Business and Delivery in their valid version at the time of the order/when a voucher is redeemed/at the time the offer is submitted. All contractual offers made by the customer with reference to its own Terms and Conditions are hereby rejected.
3. No verbal ancillary agreements have been made. Third parties who perform work for EFB but are not employees of EFB are not authorized to reach agreements that deviate from these contractual terms or to give warranties. This also applies in case of subsequent changes and amendments.
4. Under these Terms, customers can be either consumers (private customers) or companies (business customers). Consumers as defined by these Terms are natural persons with whom business relations are established without this involving commercial or independent professional activity. Companies as defined by these Terms are natural persons or legal partnerships with whom business relations are established and who are pursuing commercial or independent professional activities, as well as legal entities under public law.
1. Formation of contract
The presentation of products in the online shop along with software and hardware solutions and other services does not constitute a legally binding offer, but rather a non-binding online catalog. By clicking the button "ORDER NOW", the customer submits a binding order for the goods in the shopping cart. Confirmation of order receipt occurs together with acceptance of the order directly after sending in the form of an automatic email. The purchase agreement is established by this email confirmation.
If EFB submits a written offer to the customer for products and/or services, the contract is established if the customer accepts the order, preferably in writing, within the deadline and/or if the customer makes use of the services offered by EFB.
2. Scope of service
The content and scope of the service owed by EFB are based on the description of services provided by EFB in the order form, voucher, or offer. EFB or third parties engaged by EFB to perform services are not obliged to carry out work that exceeds the contractually owed service (e.g. passthroughs, adjustment work and/or extra work, particularly if the existing electric installation is insufficient and/or no utility-scale power connection is provided). The customer bears sole responsibility for such tasks.
3. Delivery, shipment
a. The goods will be shipped ex works to the curb at the delivery address indicated by the customer. For cross-border delivery or service, the customer must pay the customs duties, fees, and other charges incurred. The transfer of risk is determined by Clause 4 of these General Terms and Conditions for Delivery and Service.
b. The delivery period for goods and services will be agreed individually or indicated by EFB upon acceptance of the order. Unless a binding date is expressly agreed, EFB makes no guarantees for a delivery period. If the customer fails to be present on the delivery date despite prior announcement and the customer did not communicate this absence in advance, EFB is entitled to demand compensation for all extra costs incurred as a result, particularly for additional delivery attempts or storage costs.
c. The customer is entitled to withdraw from the purchase if EFB culpably fails to comply with a bindingly agreed deadline or if EFB enters into default for another reason and the customer subsequently sets an appropriate grace period for EFB to provide the service that elapses unsuccessfully.
d. EFB reserves the right to refrain from carrying out an installation service due to unanticipated reasons or reasons for which EFB is not responsible. EFB will communicate this to the customer by email without undue delay. The previously paid purchase price will be reimbursed to the customer.
e. EFB is entitled to perform partial deliveries as long as this is reasonable for the customer.
4. Transfer of risk
a. If the customer is a company, the risk of accidental destruction or accidental deterioration of the goods is transferred to the business customer upon handover, or in case of purchase involving shipment, upon delivery of the goods to the forwarding company, freight carrier, or other person specified to carry out the shipment.
b. If the customer is a consumer, the risk of accidental destruction or accidental deterioration of the purchased goods, even in case of purchase involving shipment, is not transferred to the buyer until the handover of goods.
c. The transfer of risk is the same if the customer is in default of acceptance.
5. Performance of services by third parties
EFB is entitled to engage third parties to perform the services owed, either in part or in full.
6. Prices, payment and maturity
a. The definitive prices are the prices indicated in the order form at the time of ordering the goods, when purchasing the voucher or in the offer for goods (notwithstanding Clause III). All listed prices are in Euros without VAT before the delivery and shipping costs also listed there, where available. Extra services or special services are billed separately.
b. The costs for ordered goods or services are invoiced to the customer after delivery of the goods or completion of the ordered service unless otherwise stipulated in III. or separately. No option to deduct discounts is provided.
c. If the customer enters into default of payment by receiving a warning after the due date or otherwise automatically after three days have elapsed since receipt of the invoice, EFB reserves the right to claim default damages (e.g. collection fees, reminder fees (for companies, 40.00 Euros in accordance with the statutory regulations), default interest).
d. When using a voucher, redeeming a voucher is considered equivalent to settling an invoice amounting to the voucher value or for the service described on the voucher. Points 6b. and 6c. are not relevant.
7. Reservation of title
Until complete payment, the delivered goods remain the property of EFB. The customer is obliged to properly insure the reserved goods that are still the property of EFB (i.e. theft, fire, water and low-voltage insurance). On request, evidence of appropriate insurance must be submitted to EFB. In case of damages, the customer's insurance claim is transferred to EFB.
8. Cooperation obligation of the customer
a. The customer is individually responsible for obtaining all necessary public and private authorization for the assembly, connection and operation of the charging infrastructure.
b. If the agreement involves the assembly and connection of the charging infrastructure or an installation check/site check, the customer must
(1) ensure that a suitable cleared space is provided for the installation check/site check, the assembly and connection of the charging infrastructure,
(2) perform any adjustment work to enable the assembly and connection of the charging infrastructure as well as subsequent operation,
(3) personally attend the installation appointment at the agreed time or be represented by an authorized third party,
(4) provide EFB or the third party engaged by EFB with the necessary information about the location of concealed power, gas, water lines or similar facilities along with the required static data without being requested to do so.
(5) grant EFB or the third party engaged by EFB the required rights of use, access and manipulation for the affected properties, buildings and rooms,
(6) guarantee that, insofar as the customer is not the owner of the property, the customer has obtained all authorizations in order to ensure the assembly and connection of the charging infrastructure and will fully indemnify and hold harmless EFB or the third party engaged by EFB in this regard.
c. If the assembly and connection of the charging infrastructure with regard to the services outlined under III is carried out by an installer not engaged by EFB, the customer must ensure that the installation is carried out within 3 months after the delivery of goods and the handover certificate is sent to EFB according to the latest template.
d. If it is not possible to perform the services at the agreed time due to a breach of the customer's cooperation obligations or other reasons for which the customer is responsible, a new date and time will be agreed and EFB is entitled to separately charge the extra costs for the delay of services or interruption of services (e.g. additional travel required).
a. The customer's claims to compensation for damages are excluded. This does not apply for the customer's claims to compensation owing to the injury of life, body or health, or to liability for other damages that are owing to a willful or grossly negligent breach of duty on the part of EFB, its legal representatives or agents. Furthermore, this does not affect liability for the breach of duties which are indispensable for the fulfillment of the contract, and for which the customer regularly relies and is entitled to rely on compliance, or for maliciously concealed defects. For merely negligent breaches of these contractual duties, EFB is only liable for foreseeable damages that are typical for this type of contract, unless customer's claims to compensation are due to the injury of life, body, or health.
b. Paragraph 1 also applies to the benefit of the legal representatives and agents of EFB if claims are asserted directly against these parties.
c. The regulations of product liability law remain unaffected.
d. Liability for indirect or consequential damages such as lost profits, unrealized savings, interruption of operation, third-party claims and damages owing to defects or loss of data are excluded as far as legally permissible.
e. Temporary disruptions, restrictions and/or interruptions of the ChargePilot web portal or EFB customer portal (e.g. due to maintenance work) are possible and are not considered a technical defect. They do not entitle the customer to claims for refunds and/or compensation.
f. The services owed by EFB under contract rely in part (see also Clause III.) on necessary communications infrastructure such as mobile or cable-based internet connections. EFB is not liable for damages that occur as a result of a disruption to the communications infrastructure and/or power supply. The same applies if the customer engages third parties to install and/or configure the components and/or the vehicle contains defects that make proper charging impossible at least temporarily. The Smart Charging Controllers acquired by EFB only work in conjunction with the software provided by EFB. The charging infrastructure acquired by the customer only works subject to the presence of additional conditions that EFB is unable to influence, in conjunction with the software provided by EFB.
g. In compliance with the applicable statutory regulations, EFB is only liable for damages for which a sufficient causal relationship can be identified.
h. In case of loss of data for which EFB is responsible, the liability of EFB is restricted to the expense required for data recovery.
i. No liability is accepted for consequences arising due to changes made by the customer or a third party to the software and/or charging infrastructure or due to improper handling or incorrect use of the software and/or charging infrastructure.
10. Claim for defects
a. The warranty is provided based on the statutory regulations.
b. Insofar as the customer is a company, the customer must inspect the goods promptly after delivery to the extent feasible in the ordinary course of business. If necessary, the goods must also be subjected to a functional test. If the inspection or functional test reveals defects, EFB must be informed without undue delay. The business customer must handle the goods with the due care of a prudent enterprise. If defects are not reported, all liability for defective goods is excluded. The quality of the goods is deemed as approved if no defect report is received by EFB within 14 days after delivery of the goods. Concealed defects that cannot be discovered within the above period can only be asserted against EFB if the notice of defects is received within one year after the handover of the goods.
c. EFB does not assume responsibility for warranty promises of equipment manufacturers.
d. If the installation of a product is not carried out by EFB or a third party authorized by EFB, EFB is not liable for faulty installation or defects or damages that can be attributed to the faulty installation, in particular failure to comply with the applicable installation regulations.
e. The business customer must describe defects in as much detail as possible and report them to EFB in writing.
11. Limitation period for claims for defects
a. If the customer is a company, defect claims for the manufacture and delivery of new goods become time-barred after one year. If the business customer resells the goods delivered by EFB during the course of usual business, the customer's recourse claims under Section 478 BGB remain unaffected, by way of derogation from the limitation period mentioned in Sentence 1.
b. If the customer is a consumer, defect claims for the manufacture and delivery of new goods become time-barred after two years, and defect claims involving the delivery of used goods become time-barred after one year.
The business customer agrees to be mentioned as a reference by The Mobility House GmbH after placing an order. The Mobility House GmbH is also entitled to use the business customer's logo on its own website and in marketing documents. This agreement can be withdrawn at any time without indicating reasons.
The customer only has the right to offset claims if the counterclaims are established by a legal decision or uncontested.
14. Transfer of contract
EFB is entitled to transfer this contract along with all rights and obligations to a company of its choice. If this contract is transfered to another company, the user is entitled to a special right of termination that must be asserted vis-à-vis EFB within one week after written notification.
15. Service and support
Customer inquiries (e.g. questions about operation, reports of technical disruptions etc.) can be submitted by email and/or phone from Monday to Friday from 8:00 a.m. to 6:00 p.m. Inquiries are generally answered within two working days. Nevertheless, the customer is not entitled to receive an answer within 2 days. Regulations deviating from Clause II 14. must be agreed separately in writing between EFB and the user.
16. Force majeure
In case of obstacles to performance that are caused by force majeure or similar unforeseen events for which neither party is responsible, either contracting party is entitled to suspend the services owed under this contract for the duration of the impediment for as long as fulfillment is impossible due to this situation, provided that one contracting party receives notification of these circumstances from the other contracting party within two weeks after the occurrence of the force majeure event. This does not apply for payments owed under the respective contractual relationship.
17. Right of cancellation
If the customer as a consumer has concluded a contract with EFB concerning the delivery of goods, the private customer has a right of cancellation in accordance with the following cancellation policy:
a. Cancellation policy for goods
(1) Right of cancellation: The private customer has the right to withdraw from the contract within fourteen days without indicating reasons. The cancellation period is fourteen days starting from the day on which the private customer or a third party named by the private customer who is not the freight carrier took the last goods into their possession. In order to exercise the right of cancellation, the private customer must inform EFB: ExTra F.B. s.r.o., cp 130, 439 63, Libesice, Czech Republic, shop(a)evmotion.eu, by means of an unambiguous declaration (e.g. a mailed letter or email) regarding the customer's decision to withdraw from the contract. The private customer can use the Sample Cancellation Form for this purpose, though this is not required. To comply with the cancellation deadline it is sufficient if the private customer sends the notification about exercising the cancellation right before the cancellation period has elapsed.
(2) Consequences of cancellation: If the private customer withdraws from a contract, EFB must reimburse all payments that EFB has received from the private customer including delivery costs (with the exception of additional costs resulting because the private customer chose a delivery method other than the cheapest standard delivery method offered by EFB) without undue delay, no later than within fourteen days starting from the date on which EFB received the notification of withdrawal from the contract. For this reimbursement, EFB will use the same payment method that the private customer used for the original transaction unless otherwise expressly agreed with the private customer; the private customer will not be charged for fees due to this reimbursement under any circumstances. EFB can refuse reimbursement until the goods have been returned to EFB or until the private customer has provided proof that the goods were shipped back, depending on whichever date is earliest. The private customer must send back or hand over the goods to EFB without undue delay and no later than fourteen days after the date on which the customer informed EFB of its withdrawal from the contract. To observe the deadline, the private customer must send the goods before the period of fourteen days has elapsed. The private customer will bear the direct costs of return shipping for goods whether or not they can be shipped in parcels. The costs for return shipment of goods that cannot be shipped in parcels is estimated at no more than 30.00 Euros. The private customer only has to pay for a potential loss of value in the goods if this loss of value can be attributed to handling the goods in a manner other than as required to inspect their quality, characteristics, and functionality. The goods only need to be picked up by EFB or at the cost of EFB if this was separately agreed or if the goods cannot be sent back by mail according to the statutory regulations.
b. Cancellation policy for services
(1) Right of cancellation: The private customer has the right to withdraw from the contract within fourteen days without indicating reasons. The cancellation period is fourteen days starting from the date of contract conclusion. In order to exercise the right of cancellation, the private customer must inform EFB (at the contact address outlined under II. 17. a. (1)) by means of an unambiguous declaration (e.g. a mailed letter, faxed or email) regarding the customer's decision to withdraw from the contract. The private customer can use the Sample Cancellation Form for this purpose, though this is not required. To comply with the cancellation deadline it is sufficient if the private customer sends the notification about exercising the cancellation right before the cancellation period has elapsed.
(2) Consequences of cancellation: If the private customer withdraws from the contract, EFB must reimburse the private customer for all payments that EFB has received from the private customer including delivery costs (with the exception of additional costs that are incurred because the private customer chose a delivery method other than the cheapest standard delivery method offered by EFB) without undue delay and no later than within fourteen days starting from the date on which EFB received the notification of withdrawal from the contract. For this reimbursement, EFB will use the same payment method that the private customer used for the original transaction unless otherwise expressly agreed with the private customer; the private customer will not be charged for fees due to this reimbursement under any circumstances. If the private customer has requested for the services to begin during the cancellation period, the private customer must pay EFB an appropriate amount corresponding to the part of the service already completed by the date on which the private customer informs EFB of his or her withdrawal from the contract, in proportion to the total scope of the services outlined in the contract.
(3) Special note: For a contract concerning the provision of a service, the right to cancellation lapses prematurely if the contract is fully performed by both parties at the express request of the private customer before the private customer exercises the right of cancellation.
18. Data protection/Confidentiality
EFB obliges its employees to comply with the provisions of data protection law. More information can be found at "https://www.evmotion.eu/data-privacy-notice/".
Furthermore, the contracting parties will treat as confidential any business and trade secrets of the other contracting party of which they obtain knowledge during the business relationship and after the end of the business relationship, unless one party releases the other party in writing from this obligation of secrecy.
EFB is obliged, and commits to obliging its employees through appropriate contractual provisions, to maintain secrecy concerning all documents handed over by the client, information exchange and knowledge obtained concerning this contract and its performance, even if they were not expressly designated as secret or confidential. The confidentiality obligation for EFB and its employees continues to apply after the end of the contract. This does not apply for disclosure to a court or an authority insofar as this disclosure occurs due to statutory obligations or based on the order of a court or an authority. Nor does this apply for those documents, information and knowledge obtained if and insofar as the customer consented in writing to their publication.
This obligation does not apply to information
(a) that was demonstrably known to the recipient when concluding the contract or subsequently became known due to a third party without any breach of a confidentiality agreement, statutory regulations, or official orders; or
(b) that was public knowledge when concluding the contract or subsequently became public knowledge as long as this is not due to a breach of this contract.
III. Final provisions
1. These General Terms and Conditions are subject to the laws of the Federal Republic of Germany, to the exclusion of the UN Convention on the International Sale of Goods.
2. English is the sole contract language.
3. The place of jurisdiction for all disputes concerning contractual relationships between the customer and EFB is Prague, Czech Republic if the customer is a company, a legal entity under public law or a public-law special fund.
4. The remaining sections of the contract remain binding even if individual points are legally invalid.
In Prague, 1.1.2020