1. Subject Matter of the Contract
1.1. vaylens GmbH ("vaylens") shall supply you with electricity at publicly accessible charging points on the basis of these General Terms and Conditions after (1.) you have properly connected the vehicle to the charging point and (2.) you confirm the button "CONFIRM PAYMENT" when paying by credit card or PayPal.
1.2. You are responsible for using a proper charging cable approved for the charging capacity and for monitoring the charging process.
1.3. You must check the charging cable and the plug-in devices for visible damage. In particular, if damage, kinks, cracks, bare spots, etc. are found, the charging cable must not be used under any circumstances. In addition, the manufacturer's specifications must be observed. The charging cable must have at least a CE mark.
1.4. Charging at the charging point is carried out with the maximum technically feasible charging power.
2. Ordering process
2.1. Access via QR code scan
2.1.1. Scan the QR code for direct payment attached to the charging point with the barcode scanner of your smartphone. Alternatively, you can also enter the designated URL directly in your Internet Explorer. In addition, you will then be asked to enter the charging point number of the charging point.
2.1.2. Start the process with "CHARGE NOW".
2.1.3. Select your preferred payment method - credit card or PayPal and, if necessary, a tariff.
2.1.4. When you have completed the selection for your charging process, confirm the terms and conditions and press "CONTINUE".
2.2. Payment via PayPal
2.2.1. After the selection page, you will be asked to log in to your PayPal account.
2.2.2. Enter the requested information of your PayPal account below.
2.2.3. After successful entry and submission, the charging process will start. You will be prompted to connect your car to the charging point. The charging process will start automatically.
2.3. Payment via Credit Card
2.3.1. After the selection page, you will be asked to enter your credit card information.
2.3.2. Press the "CONFIRM PAYMENT" button to complete the process.
2.3.3. After successful input and transmission, the charging process will be started. You will be prompted to connect your car to the charging point. The charging process will start automatically.
3. Billing process
3.1. After the charging process you will receive an invoice that is made available electronically. Therefore, we require a current e-mail address (private or business) and a correct address (private or business). You will be asked to provide these in the payment process. With the beginning of each charging session you confirm at the same time that you are neither an entrepreneur (Unternehmer) nor a legal entity that is not an entrepreneur (juristische Person). Regarding our current data protection information, please refer to section 10.
3.2. Please make sure to provide your professional e-mail address and/or your business address when charging for professional purposes. If you provide a private address, exactly this private address will appear in the single invoice. For technical reasons, we will not be able to make any subsequent corrections or issue a second invoice.
3.3. An amount of 50 EUR will be pre-authorized by vaylens and charged after the end of the charging process, in individual cases the pre-authorization may remain in place for up to four weeks.
3.4. Please note that there are no additional security measures for sending the single invoice by e-mail. The content of the e-mail is not encrypted, which, however, is the current standard worldwide. The sending of the e-mail as such is of course encrypted.
4. Prices, Billing
4.1. The price can be accessed at any time free of charge via the eCharge+ App (available free of charge in the Apple App Store as well as in the Google Play Store) as well as via the website epowerdirect.com. The gross prices stated are commercially rounded. The invoice amount is calculated on the basis of net prices and finally increased by the statutory value added tax applicable at the time of performance.
4.2. If the tariff specifies billing by kWh, you will be shown a tariff per kWh. The total costs of your charging process will be calculated after completion of the charging process depending on the amount of energy charged (kWh) - if applicable plus further price components not based on kWh. Please note that vaylens reserves the displayed amount in advance of the charging process. Within 7 days, the reserved amount will be offset against the actual amount for your charging transaction. If you need a proof of the actual amount, please choose the option "Create invoice".
4.3. The electricity price includes the following costs: The sales tax, the electricity levy (Elektrizitätsabgabe), the renewable energy surcharge (Erneuerbaren-Förderbeitrag), the grid charges (Netzentgelte), the billing costs and the procurement and distribution costs. Also included are the costs from the use of the charging infrastructure.
5. Exemption from Performance in the Event of Interruptions or Irregularities
5.1. In the event of interruptions or irregularities in the electricity supply, vaylens shall be exempt from its obligation to perform insofar as these are the consequences of a disruption in grid operation including the grid connection, force majeure or other circumstances which vaylens is unable to rectify or cannot be expected to rectify economically.
5.2. Upon request, vaylens shall be obliged to immediately provide you with information on the facts related to the cause of the damage (e.g. by the network operator) to the extent that they are known to vaylens or can be reasonably obtained by vaylens.
6. Liability
6.1. vaylens shall not be liable in the cases of section 5.
6.2. In all other respects, liability for damages resulting from a breach of duty under this contract by vaylens or its vicarious agents is excluded, unless the breach of duty was committed intentionally or through gross negligence. The exclusion of liability shall not apply (i) to damages resulting from injury to life, limb and health, (ii) to liability under the Product Liability Act and (iii) to liability due to negligent breach of material contractual obligations. Material contractual obligations are obligations the fulfillment of which is necessary for the proper performance of the contract.
7. Contracting party
vaylens GmbH, Ezzestraße 8, 44379 Dortmund
Management board: Dr. Gregor Schmeken, Jörg Lohr
Registered office of the company: Dortmund
Registered at Dortmund Local Court
Commercial register no.: HRB 30359
VAT-ID.: DE352928826
8. Customer service
Customer hotline
E help@emobility.software
T 00 800 46 66 49 73 (internationally free of charge)
9. Final provisions
9.1. This contract is subject to German law without regard to its conflict of laws provisions and excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction for all disputes arising from or in connection with this contract shall be Dortmund, Germany, unless a statutory exclusive place of jurisdiction exists. However, this choice of law shall not affect the applicability of mandatory consumer protection provisions of the Republic of Austria. You, as a consumer, continue to be protected by these provisions.
9.2. Should individual provisions of this contract be invalid or unenforceable in one jurisdiction, the validity and enforceability of the remaining provisions of this contract and the validity and enforceability of the relevant provisions in other jurisdictions shall remain unaffected. Should the parties determine that individual provisions are ineffective or unenforceable, they shall in good faith and by mutual agreement bring about an adjustment of this Agreement in order to come as close as possible to the original objective in order to secure the performance of the business relationship governed by this Agreement to the greatest extent possible.
9.3. The EU Commission has created an Internet platform for online dispute resolution. The platform serves as a contact point for the extrajudicially settlement of disputes concerning contractual obligations arising from online purchase contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr. vaylens is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
10. Informational
Reference is made to the current data protection information of vaylens which is made available in the order process.