Specific terms of sale of the enodrive zen (postpaid)
Specific terms of sale of the enodrive zen (postpaid)
The present document constitutes the Specific Terms of Sale under which Enovos Luxembourg S.A., a Luxembourgish company with registered office at 2 Domaine du Schlassgoard, L-4327 Esch-sur-Alzette, Grand Duchy of Luxembourg, registered with the Luxembourg Trade and Companies Registry under number B 44.683 (“Enovos”) sells its service “enodrive zen” to customers. By purchasing an enodrive zen service, the Customer accepts the present Specific Terms of Sale which form an integral part of the purchase contract regarding the enodrive zen service, together with the General Terms of Sale. In the scope of the contract, Enovos acts as charging service provider (“fournisseur de service de charge”) as defined by article 1 d) of the Grand-Ducal regulation dated December 3rd, 2015 regarding public infrastructure for electric mobility.
1.1. “Chargy” is the name of a network of 800 public charging stations including an IT platform in Luxembourg to be installed until 2020. The Chargy charging points are visible via the “Chargy” logo. Please find more information under https://chargy.lu/.
1.2. “Chargy OK” is the name of an additional charging infrastructure in the Chargy IT platform. The Chargy OK charging points are visible via the “Chargy OK” logo. Please find more information under: https://chargy.lu
1.3. “Chargy card” is the Verkéiersverbond mKaart Chargy, which offers access to mobility services. It allows the customer to activate different services on a unique card, to choose freely which services to add, and to access other mobility services such as access to the bicycle mBox from Verkéiersverbond, access to P&R or Chargy charging stations.
1.4. “Electric Vehicle” means any electric or Plug-In Hybrid electric vehicle.
2. Description of the enodrive zen
2.1. enodrive zen is a service allowing the Customer to use its purchased Chargy card to charge electricity into its Electric Vehicle at all Chargy and Chargy OK charging points in the Grand Duchy of Luxembourg.
2.3. The Customer bears the total cost of electricity charged via its Chargy card.
2.4. Under certain conditions and additional costs to the Customer, it is possible to add additional access rights to a separate charging infrastructure accessible to the Customer with a Chargy card. The charging infrastructure needs to fulfil certain technical requirements therefore and Enovos needs to liaise with the owner of the separate charging infrastructure. Should the Customer be interested in adding a specific additional charging point to the charging points accessible through the enodrive zen service, then please contact Enovos at: email@example.com.
2.5. It is possible for Customers having purchased a Chargy card in combination with the enodrive zen service to charge transportation tickets with the Luxembourg transportation authority. This is an additional third party service. Please find more information under: https://www.mobiliteit.lu/se-deplacer/titres-de-transport/mkaart.
2.7. The locations of all Chargy and Chargy OK charging points until 2020 can be found under www.chargy.lu.
3.2. The price of electricity mentioned under article 3.1. includes regulated tariffs for utilization of the grid, electricity tax, contribution to the compensation mecha¬nism (“fonds de compensation”) and VAT. Any additional taxes and charges which may be imposed by competent authorities during the contract term and which are in force on the day the invoice is drawn up are due by the Customer and will be payable in addition to applicable prices.
4. Invoicing & Payment
The following replaces articles 3.1 to 3.4 of the General Terms of Sale:
4.1. When placing its order on the Platform, the Customer indicates its billing details, email address for electronic invoicing, delivery details and delivery method for the Chargy card. Payment method will be by direct debit.
4.2. The Customer is invoiced on a monthly basis. Invoices are only issued electronically, unless otherwise agreed between the Customer and Enovos.
4.3. Invoices are payable within 15 days. A payment is considered to have been made when the full invoiced amount has been credited to Enovos’s account. In case of payment delay, Enovos will send a payment reminder to the Customer electronically. If payment is not made within 10 days of such reminder, (i) Enovos has the right to block the Customer’s Chargy card and visualization services, in which case a blockage notice will be sent to the Customer electronically, and (ii) Enovos is entitled to give the Customer formal termination notice. If payment of all outstanding amounts is made by the Customer within 10 days of said formal termination notice, the Customer’s Chargy card is unblocked by Enovos. If such payment is not made, the Contract is terminated with immediate effect upon expiry of the 10 days’ notice.
5. Term and termination
5.1. The contract is concluded for an Initial Term of 12 months.
5.2. In addition to ordinary termination cases provide in the General Terms of Sale, Enovos is entitled to proceed with early contract termination in the following cases of serious breach of its obligations by the Customer, after formal termination notice remained unsuccessful for 10 days:
- payment delay as provided in article 4.3.
- serious or repeated misuse of the enodrive zen service or of the associated Chargy card as provided in article 6.9.
6.1. Enovos provides only the enodrive zen service but is not responsible for the Chargy or Chargy OK charging infrastructure. The Customer has to contact Chargy if it has problems with the Chargy or Chargy OK charging infrastructure. Hotline support for the Chargy network is not covered by the Enovos hotline. The telephone number of Chargy may be found on the relevant charging points. Chargy services, contact details & information can also be found on the website of Chargy (www.chargy.lu).
6.2. Enovos is not responsible for the availability of the Chargy and Chargy OK charging points.
6.3. Enovos, as charging service provider, is not responsible for the characteristics of the electricity made available at Chargy and Chargy OK charging points.
6.4. Enovos is not liable with respect to additional third party services added to the Chargy card.
6.5. The Customer is solely and fully responsible for the use of the Chargy card and for the entire consumption of electricity via the Chargy card, irrespective of the amounts of electricity charged via the Chargy card, irrespective of whether the Chargy card was used by the Customer itself or by a third party, and irrespective of whom the charged Electric Vehicle belongs to or is used by.
6.6. Enovos declines any liability:
- i. in case of unusually high or abnormal consumption via the Chargy card,
- ii. in case of loss or burglary of the Chargy card, and
- iii. generally in case of any misuse of the enodrive zen service or of the associated Chargy card, including use by a third party without the Customer’s knowledge or consent.
6.7. Enovos reserves the right to block any Chargy card for which an unusually high or abnormal consumption is detected. In this case, Enovos will send a blockage notice to the Customer electronically informing it of the card blockage. The Chargy card is unblocked by Enovos subject to clarification of the circumstances with the Customer.
6.8. The Customer has the obligation to inform Enovos immediately of any loss or burglary of the Chargy card. Enovos will permanently block the lost or stolen Chargy card from further charging on any stations upon receiving the Customer notification. The Customer may purchase a new Chargy card.
6.9. The Customer is liable for misuse of the enodrive zen service or of the associated Chargy card. In case serious or repeated misuse of the enodrive zen service or Chargy card is detected by Enovos, Enovos is entitled to (i) block the Chargy card, in which case Enovos will send a blockage notice to the Customer electronically, and (ii) terminate the contract after formal notice sent to the Customer and remained unsuccessful for 10 days. If the Customer becomes aware of any use of the enodrive zen service or of the associated Chargy card by a third party without its consent, the Customer has the obligation to inform Enovos immediately in order to allow Enovos to take appropriate measures, without prejudice to Enovos’s right to proceed with early contract termination in case such misuse is serious or repeated.
6.10. In all cases of blockage of the Chargy card by Enovos, any consumption via the Chargy card until blockage of the card remains due by the Customer.
6.11. Enovos does not warrant a permanent functioning of the consumption visualization services via the platform.
7. Governing Law and jurisdiction
7.1. These Specific Terms of Sale shall be governed by and construed in accordance with Luxembourg law or with the law of the country where a consumer Customer has its habitual residence.
7.2. If Enovos and the Customer are unable to reach an amicable settlement of a dispute, they agree to submit any disputes arising from the conclusion, construction, performance or termination of these Specific Terms of Sale to the courts of the city of Luxembourg, or, in case the Customer is a consumer, to the forum of the competent jurisdiction pursuant to the applicable rules of judicial competence for consumers, if different.
8. Data protection
In order to allow Enovos to render the enodrive zen service, the Customer specifically:
- (i) hereby agrees to the collection, treatment, storage and use of its consumption data by Enovos in order to render the enodrive zen service (in particular the detailed consumption visualization services);
- (ii) allows Enovos to transmit the identification number of its Chargy card to the different charging point operators in order to enable a proper usage of the Chargy card, and
- (iii) allows Enovos to transfer consumption estimates based on consumption data collected via the visualization platform, to the extent that this is required by the grid operator and/or balance responsible party.