Terms & Conditions
GENERAL TERMS AND CONDITIONS OF CHARGEE B.V.
Revision: April 14, 2024
These General Terms and Conditions (terms capitalized have the meaning ascribed to them in Article 1) form part of the Agreement between you (hereinafter: you or your) and Chargee B.V., with its registered office in Valkenswaard and office at (5617 BD) Torenallee 36-02, Eindhoven, Netherlands, registered with the Chamber of Commerce under number 88555461, VAT: NL864685944B0 (hereinafter: Chargee or we or us or our) for the sale and delivery of the Equipment and the provision and use of the Platform.
GENERAL SECTION
DEFINITIONS AND INTERPRETATION
Below is an explanation of the meaning of each term.
Subscription means the limited, personal, revocable, non-exclusive, and non-transferable right to access and use the Platform in accordance with the provisions of the Agreement.
General Terms and Conditions means these General Terms and Conditions of Chargee for the sale and delivery of the Equipment and the provision and use of the Platform.
Equipment means the equipment that can be used in conjunction with the Platform and which may or may not be purchased by you from Chargee, such as the Chargee dongle.
Cooling-Off Period means the period within which you can exercise your Right of Withdrawal.
Data means all data and information processed by or on behalf of you via the Equipment and the Platform.
User Conditions means the conditions that further elaborate the rules for the use of the Platform, as included in Annex II of these General Terms and Conditions.
Right of Withdrawal means the option you have to withdraw from the Agreement within the Cooling-Off Period.
Model Withdrawal Form means the model form for exercising the Right of Withdrawal as included in Annex I of these General Terms and Conditions.
Agreement means a distance agreement concluded between you and Chargee for the remote sale of Equipment and/or a usage right on the Platform, where only or partly one or more techniques for remote communication are used up to and including the conclusion of the agreement.
Force Majeure means any event or circumstance beyond the reasonable control of a Party that wholly or partly prevents a Party from performing its obligations under the Agreement or makes the performance of these obligations so difficult or expensive that these performances would be commercially unreasonable. Without limiting the foregoing, Force Majeure includes, but is not limited to: changed legislation, government action, riots, disturbances, war, strikes, lockouts, delays, long-term shortages of energy or other necessities, epidemics, pandemics, fire, hurricane, typhoon, earthquake, lightning, flood, explosion, or force majeure of another kind, including but not limited to non or late delivery or non or late compliance with the obligations by suppliers of Chargee or by companies engaged by it, and/or solvency and/or liquidity problems and/or bankruptcy of third parties engaged by Chargee, insofar as each of these circumstances prevents Chargee from fulfilling its obligations under the SLA.
Party means you or Chargee individually.
Parties means you and Chargee collectively.
Platform means the platform of Chargee accessible via current or future (mobile) application(s) or website(s) and underlying pages of Chargee, which provides you with access to Chargee’s online ‘software as a service (SaaS)’ solution.
Product means the Equipment and Platform collectively.
Website means the website https://chargee.energy/.
The headings of the articles in these General Terms and Conditions are intended only to assist you in navigating through these General Terms and Conditions. They do not affect the meaning of the articles.
If these General Terms and Conditions state that a Party is not allowed to do something, this also means that the Party is not allowed to permit a third party to do it.
The term "Parties" also includes their successors and legal representatives.
In these General Terms and Conditions, 'written' also means by mail, email, or other customary electronic means of communication.
APPLICABILITY
These General Terms and Conditions apply to every offer from Chargee and every Agreement between Chargee and you.
Before the Agreement is concluded, we will send you the text of these General Terms and Conditions electronically. If this is not possible, we will inform you of how you can view the General Terms and Conditions with us and that we will send them to you free of charge if you so wish.
If there is anything in the Agreement that contradicts these General Terms and Conditions, the terms of the Agreement shall prevail.
If any part of these General Terms and Conditions does not apply, this does not affect the remainder of the General Terms and Conditions.
OFFER
If an offer is temporary or has special conditions, this will be clearly stated in the offer.
The images, models, and examples shown by Chargee and other descriptions are as precise as possible but are only intended to give you an idea. You cannot derive any rights from them. For an accurate representation of the Equipment and/or Platform, the (product) description applies.
If the offer in the quotation is based on the information you have provided and that information is incorrect or incomplete, or changes later, Chargee is allowed to adjust the prices, rates, and/or delivery times accordingly.
CONCLUSION OF AGREEMENT
The Agreement is concluded, subject to the provisions of Article 4.4, at the moment you place the order in the webshop of the Website and meet the conditions set therein.
Chargee confirms receipt of the acceptance of the offer via electronic means. As long as Chargee has not confirmed this receipt, you can dissolve the Agreement.
Chargee takes appropriate measures to keep the electronic transmission of data secure and ensures a safe web environment. Chargee also provides appropriate security measures for the electronic payment via the webshop of the Website.
Chargee will provide you with the following information at the latest upon delivery of the Product, in writing or in a way that you can easily store it:
how to contact Chargee if you have complaints;
the terms and conditions and the manner in which you can exercise the Right of Withdrawal, or a clear statement if the Right of Withdrawal does not apply;
information about warranties and existing after-sales services;
the price of the Product, including all taxes; any delivery costs; method of payment, delivery, or performance of the Agreement;
if you have a Right of Withdrawal, the model withdrawal form. See also Annex I for the withdrawal form.
COOPERATION AND MANAGEMENT
The functioning of the Platform and the Equipment depends on good cooperation between the parties. We therefore ask you to provide all cooperation that we reasonably request. If you make your own software, equipment, or other means available to Chargee for use in conjunction with the Product, you must ensure that Chargee receives all necessary licenses or approvals. You are responsible for managing the Product. For example, think of checking the settings and using the Product.
RIGHT OF WITHDRAWAL
You can dissolve the Agreement within the Cooling-Off Period of at least 14 (fourteen) days without giving any reason. This Cooling-Off Period starts on the calendar day after the Consumer has received all parts of the Product/made them available for use.
During the Cooling-Off Period, we ask you to handle the Equipment with care. You may unpack/test the Equipment as you would do in a store, but no more than that.
If you do more with the Equipment during the Cooling-Off Period than is allowed, you are liable for the depreciation of the Equipment resulting from this.
EXERCISE OF THE RIGHT OF WITHDRAWAL AND THE COSTS THEREOF
If you want to exercise the Right of Withdrawal, please let us know within the Cooling-Off Period. This can be done by filling out and sending the form.
Return the Equipment as soon as possible, but within 14 (fourteen) days after your notification as described in Article 7.1, to us (or a person designated by us). You have met the deadline in any case if you return the Equipment before the Cooling-Off Period has expired.
Return the Equipment with all delivered accessories, if reasonably possible, in the original condition and packaging. Follow the instructions given to you by Chargee.
You are responsible and bear the risk for the correct and timely termination of the purchase of the Product. The costs of returning the Equipment are your responsibility.
If you exercise your Right of Withdrawal, the Agreement will be automatically dissolved, and your access to the Platform will be terminated.
WHAT WE DO IN CASE OF WITHDRAWAL
If you inform us that you wish to exercise your Right of Withdrawal, we will send you an immediate message confirming that we have received your notice. Chargee will refund all payments you have made as soon as possible, but no later than 14 (fourteen) days after you have informed us that you wish to exercise your Right of Withdrawal. Chargee will use the same payment method that you used unless you agree to another method. The refund will be free of charge for you. If you chose a more expensive shipping method than the cheapest standard delivery, Chargee is not obliged to refund the additional costs toyou.
EXCLUSION OF THE RIGHT OF WITHDRAWAL
Chargee may exclude specific Products from the Right of Withdrawal. We will inform you of this before you make the purchase.
PRICES
All mentioned prices are in euros, including VAT, other taxes or charges, and excluding shipping costs unless we state otherwise.
The Platform has both a paid and unpaid version. The Agreement will specify which version applies to you. As long as the offer is valid, we will not increase prices for the purchase of Equipment and the Subscription, except if VAT rates change.
Chargee may increase its prices within 3 (three) months after concluding the Agreement if necessary due to legal regulations.
Chargee may increase its prices after 3 (three) months after concluding the Agreement. In this case, you will be notified, and you have the right to terminate the Agreement from the date the price increase takes effect.
PAYMENT TERMS
Unless we agree otherwise with you, you must make payment within 14 (fourteen) days after the Cooling-Off Period begins or, in the absence of a Cooling-Off Period, within 14 (fourteen) days after concluding the Agreement. Regarding the Subscription, the payment term starts on the day after you receive the confirmation of the Agreement. If you have a Subscription to the paid version of the Platform, you will receive an invoice every month. You pay us before or at the start of each payment period.
If you do not pay on time, we will send you a reminder and give you another 14 (fourteen) days to pay. If you still have not paid, we will charge you the statutory interest on the amount you owe us. We may also charge the extrajudicial collection costs we have incurred. The extrajudicial collection costs are calculated based on what is customary at that time in Dutch debt collection practice.
INTELLECTUAL PROPERTY RIGHTS
Chargee reserves all intellectual property rights that Chargee has under the law, such as copyright, trademark rights, patent rights, design rights, trade name rights, database rights, and neighboring rights, domain names, trade secrets, and know-how. This applies to all information presented on the Equipment and the Platform, such as texts, graphics, and logos.
PRIVACY AND PERSONAL DATA
To execute the Agreement, it is necessary to process your personal data. Chargee will handle your personal data carefully in accordance with applicable law and our privacy policy. The most recent version of our privacy policy is available on our website.
COMPLAINTS
If you have complaints about the execution of the Agreement, please let us know as soon as possible. We want you to be satisfied, so provide us with as many details as possible.
We will try to respond within 14 (fourteen) days of receiving your complaint. If we need more time, we will inform you and give you an idea of when you can expect a more detailed response.
We ask you to give us at least 4 (four) weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute resolution as referred to in Article 17.5.
FORCE MAJEURE
If we cannot fulfill our obligations under the Agreement due to a situation that can be considered Force Majeure, Chargee is not liable for this.
Chargee will notify you as soon as possible in the event of a Force Majeure situation. Chargee will then consult with you to determine what measures are necessary to minimize the consequences of the Force Majeure situation.
If the Force Majeure situation continues for more than 4 (four) consecutive weeks, each Party is entitled - without liability - to terminate the Agreement with immediate effect. Termination can be done via written notice to the other Party.
ENGAGEMENT OF THIRD PARTIES
We may engage other persons or companies to assist us in executing the Agreement. We always do this at our own expense and risk.
GENERAL PROVISIONS
The Agreement replaces all previous agreements and communications between you and Chargee on the subject of the Agreement. If a Party does not take immediate action to enforce something or take measures, this is not considered a waiver by that Party regarding the later enforcement of rights or taking measures in the event of future breaches of the Agreement.
If any part of these General Terms and Conditions or the Agreement is deemed invalid or unenforceable, this will not affect the validity of the rest of these General Terms and Conditions or the Agreement.
The Agreement is governed exclusively by Dutch law.
If there is a dispute between you and Chargee, an attempt will be made to resolve it in mutual consultation. If this is not successful, the dispute will be submitted to the competent court in your place of residence.
ADDITIONAL PROVISIONS PLATFORM
SUBSCRIPTION AND RESTRICTIONS
Provided that you comply with the obligations under the Agreement, you will receive a Subscription to the Platform. Depending on what has been agreed with you, you will have access to the paid or unpaid version of the Platform.
The User Conditions apply to the access and use of the Platform. Use of the Platform is only permitted in line with the provisions in the User Conditions.
You are not allowed to reverse-engineer, decompile, modify, or create derivative works of the source code, underlying ideas, underlying techniques of the interface, or algorithms of the software or Platform in any way, directly or indirectly, or disclose any of the foregoing. Any information you receive from us may not be shared with third parties or used to create software that is broadly similar to the Platform.
DURATION OF SUBSCRIPTION, RENEWAL, AND TERMINATION
The Subscription is entered into for the period specified in the Agreement. At the end of this period, the Agreement will be renewed for the same term unless you or Chargee have terminated the Agreement in time (1 (one) month before the end of the contract term) or the Agreement has been dissolved based on a statutory right. After the first contract term, you can cancel the Subscription at any time, but with a notice period of 1 (one) month. If you wish to cancel, you can do so by sending a message via the Platform or by email to [email protected].
PLATFORM WARRANTY, MAINTENANCE, UPDATES, AND UPGRADES
Chargee will make efforts in accordance with industry standards to deliver and maintain the Platform in a manner that minimizes errors and interruptions. Chargee provides no further warranty unless otherwise agreed in writing. Chargee further disclaims any warranty that (a) the Platform will meet your requirements; (b) the Platform will be continuously available, uninterrupted, timely, secure, or error-free; (c) the results obtained from the use of the Platform will be effective, accurate, or reliable; and/or (d) any errors or defects in the Platform will always be corrected.
Chargee provides you with support for using the Platform by granting access to specific online knowledge bases and self-help tools related to the use of the Platform. Contact with Chargee can also be made via the Platform.
Chargee will make efforts to fix errors on the Platform within a reasonable time if and to the extent that it concerns software developed by Chargee itself and you have provided us with a detailed, written description of the defects concerned. Chargee is entitled to install temporary solutions, workarounds, or other restrictions on the Platform that may or may not temporarily circumvent the problem.
Sometimes it is necessary to temporarily take the Platform out of service, in whole or in part, for preventive, corrective, or adaptive maintenance or other forms of service. We try to keep this as brief as possible. If we know that the maintenance will affect the availability of the Platform, we will inform you at least 5 (five) days in advance in writing. Chargee will only provide you with updates and/or upgrades, including patches/fixes, to the Platform free of charge if we also make them available to other customers with a similar Subscription. In the event of an upgrade and/or update, Chargee will inform you in writing at least 5 (five) days in advance where possible.
DATA
You remain the rightful owner of the Data stored, processed, or entered on the Platform. You determine which Data is stored, processed, or entered on the Platform.
Chargee is not responsible or liable for any damage resulting from the Data entered by or on behalf of you. We reserve the right to change, refuse, block, or remove Data from the Platform if we deem it necessary. We do this only with your written consent, unless it is really unavoidable. For example, if we need to act immediately to avoid breaking the law, disregarding a court order, endangering the continuity of Chargee, or if the Data infringes on the rights of a third party.
ADDITIONAL PROVISIONS EQUIPMENT
EQUIPMENT AND WARRANTY
Your Equipment is used in conjunction with the Platform.
Chargee guarantees that the Equipment complies with the Agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the Agreement.
If, in Chargee's reasonable judgment, repair of Equipment purchased from Chargee is not possible, takestoo long, or involves disproportionately high costs, Chargee may replace the Equipment free of charge with other, similar, but not necessarily identical equipment.
Equipment or parts thereof replaced under warranty become the property of Chargee.
The costs of work and repair of Equipment outside the scope of the applicable warranty will be charged by Chargee at its usual rates.
DELIVERY AND PERFORMANCE
Chargee makes every effort to execute your order as carefully as possible.
The address where the Equipment is delivered is the address you provided to us.
Chargee carries out accepted orders as agreed in the Agreement. If delivery is delayed or if an order cannot be executed or can only be partially executed, we will inform you of this no later than 30 (thirty) days after you placed the order. You may dissolve the Agreement without costs after 30 (thirty) days and are entitled to any compensation. If you dissolve the Agreement, we will refund the amount you paid us as soon as possible but no later than 30 (thirty) days.
The risk of damage and/or loss of Equipment lies with Chargee until the moment of delivery to you or a representative previously designated by you and made known to Chargee, unless you have agreed otherwise with us.