General terms and conditions

 

1. Scope and Contracting Parties
(1) The Contracting Party of the Customer according to these terms and conditions is The Mobility House GmbH, St.-Martin-Str. 63, 81669 Munich, Managing Directors: Marcus Fendt, Stefan Ritter, commercial register: District Court Munich, HRB 195965 (hereinafter referred to as TMH).

(2) The business relationship between TMH and the Customer shall be governed solely by the following general terms and conditions in force at the time of order/redeeming a voucher. Any contract offers by the Customer referring to his Terms and Conditions are hereby rejected.

(3) There shall be no oral subsidiary agreements. Third Parties acting for TMH who are not employees of TMH are not authorised to enter into agreements or any give any assurances departing from these Terms and Conditions. This also applies to subsequent amendments and additions.

(4) Customers within the meaning of the terms and conditions are both consumers and businesses, and legal entities under public law. Consumers within the meaning of the terms and conditions are natural persons with whom transactions are entered into and who are not acting in the course of a business or independent professional activity. Businesses within the meaning of the terms and conditions are natural or legal persons or partnerships with legal personality with whom business relationships are maintained who are acting in the course of a trade or profession, and also legal entities under public law.

2. Ordering
The presentation of products in our online shop is not a legally binding offer, but a non-binding catalogue. By clicking on the "KOSTENPFLICHTIG BESTELLEN" button, you are placing a binding order for the items in your shopping cart. The confirmation of receipt of your order along with the acceptance of the order shall be sent via an automated email immediately after the order has been placed. The contract of sale is formed with this email confirmation.

3. Scope of services
The content and scope of services owed by TMH depends on the performance specified in the order, the coupon or offer from TMH. TMH, or third parties authorised by TMH to provide services, shall not be required to carry out tasks that go beyond the contractually-owed service (e.g. wall penetrations, any adjustment work or additional work, especially if the existing electrical installation is insufficient or no more powerful power supply is available). These works shall be the sole responsibility of the Customer.

4. Provision of services by third parties
TMH shall be entitled to let third parties provide services in whole or in part.

5. Shipment of goods
TMH is entitled to make partial deliveries if this is appropriate for the customer.

6. Price and payment
(1) The applicable prices of the items in your order are those that are quoted at the time of ordering, of the purchase of the voucher or of an offer. All prices are in euro including VAT, delivery costs and shipping costs that are also mentioned there. Additional or special services shall be charged separately.

(2) The cost of ordered services or goods shall be charged to the Customer upon delivery of the goods or after performance of the services as ordered. No discounts will be given.

(3) If the Customer defaults on payment, either as a result of receiving a reminder after the due date or otherwise automatically upon the expiration of thirty days after receipt of the invoice, TMH reserves the right to claim damages for by delay (e.g. collection fees, late fees, default interest).

(4) If a voucher is to be used, redemption of the voucher shall be considered as settlement of the invoice in the amount of the value of voucher or for the service described therein. Points 6(2) and 6(3) are not relevant.
 
7. Delivery and Shipping
(1) Delivery of goods from the warehouse to the kerb shall be effected at the address provided by the customer. The Customer shall bear the applicable duties, fees and other charges for international delivery of goods or services.

(2) The delivery period for services and support services shall be individually agreed or stated by TMH upon acceptance of the order. If, despite the delivery date being previously agreed, the Customer is not present and TMH has not been previously notified of this, TMH shall have the right to charge for any additional costs incurred, in particular for further delivery attempts or storage costs.

(3) The Customer shall be entitled to cancel the purchase if TMH fails culpably to comply with a binding agreed deadline, if TMH defaults for any other reason, or if the Customer has set a reasonable extension of time for the delivery and TMH has let this lapse.

(4) TMH maintains the right in unforeseen circumstances, or for reasons which are not the fault of TMH, to refuse to carry out an installation. TMH will immediately inform the customer of this by e-mail. Any part of the sale price which has already been paid will be reimbursed.
 
8. Passage of Risk
(1) If the Customer is a business, the risk of accidental loss or accidental deterioration of the goods shall pass on handover, or where the goods are shipped, on delivery of the goods to the carrier, freight forwarder or person otherwise appointed to execute the shipment.

(2) If the Customer is a Consumer, the risk of accidental loss or accidental deterioration of the goods only shall pass only on handover of the goods to the buyer, even where the goods are shipped.

(3) The handover shall be unaffected if the Customer is in default of acceptance.
 
9. Customer's duty of cooperation
(1) The customer is responsible for obtaining all necessary public and private permits for the installation, connection and operation of the charging station.

(2) When the installation and connection of a charging station or an installation check is agreed, the Customer shall

a) ensure that an appropriate and cleared site is available for the installation check, the installation and connection of the charging station,

b) carry out any adjustment work so that it is possible to install and connect the charging station and subsequently to operate it,

c) be present at the appointed time on the installation date,

d) provide the necessary information about the location of concealed electric power, gas and water mains or similar installations, as well as the necessary structural data, without this being requested,

e) grant TMH or third parties engaged by them the necessary rights to use, access and modify the affected land, buildings and premises,

f) ensure that s/he, if s/he is not the owner of the property, has obtained all permits necessary to secure the installation and connection of the charging station, and shall indemnify and hold the TMH and all third parties harmless.

(3) If, due to a breach of the Customer's duty of co-operation or any other reason attributable to the Customer, it is not possible to deliver or provide the services on the agreed date, a new appointment shall be made and TMH shall be entitled to charge separately for the additional costs of delay or interruption to work (e.g. any necessary additional travel).
 
10. Retention of title
The delivered goods shall remain the property of TMH until payment in full. The Customer shall be obliged to properly insure anything that belongs to TMH (i.e. against theft, fire, water and low voltage). TMH shall be shown proof on demand that the Customer has taken out appropriate insurance. In case of damage, the insurance claim by the customer shall be deemed to be assigned to TMH.
 
11. Liability
(1) The Customer shall not make any claims for damages. This shall exclude claims for damages by the customer for death, bodily injury or damage to health, as well as liability for other damages based on an intentional or grossly negligent breach of duty by TMH, its legal representatives or agents. Nor shall it exclude liability for breach of duties, the fulfilment of which is essential to the proper performance of the contract and on which the Customer can rely. If these contractual obligations are breached due to ordinary negligence, TMH shall only be liable for the typical foreseeable loss, unless there the Customer claims damages for death, bodily injury or damage to health.

(2) Subsection 1 above shall also apply to the benefit of TMH's legal representatives and agents, if claims are asserted directly against them.

(3) The provisions of the Product Liability Act shall remain unaffected.
 
12. Claims for defects
(1) The warranty shall be subject to statutory provisions.

(2) If the Customer is a business, s/he shall examine the product immediately after delivery, if this is feasible in the orderly course of business. If necessary, the product shall also be subjected to a performance test. If a defect is found during the examination or performance test, this shall be reported to TMH without delay. The Customer shall deal with the goods with the diligence of a prudent businessman. If there is no report is made, all liability for defects in the product shall be excluded. The condition of the item shall be deemed to be approved unless TMH receives a complaint within 14 days of delivery of the goods. Claims for hidden defects that cannot be discovered within the above-mentioned period can only be raised against TMH if the defects are reported within one year after delivery of the goods.

(3) TMH shall not be liable for warranties given the Manufacturer.
 
13. Limitation of claims for defects
(1) If the customer is a business, claims for defects in the manufacture and supply of new goods must be made within a year. If the Customer sells the product delivered by TMH in the ordinary course of its business operations, this shall not affect her/his claims under Section 478 BGB, notwithstanding the time limits specified in the first sentence.

(2) If the Customer is a consumer, claims for defects in the manufacture and supply of new products shall be made within two years, and for delivery of used goods within one year.
 
14. Set-off
The Customer shall only have the right to set off if her/his counterclaims have been legally established or are undisputed.
 
15. Using the ChargeCard
(1) Scope of services

a) By acquiring a ChargeCard (hereinafter "ChargeCard"), the Customer shall receive a right of access to the public charging infrastructure for electric vehicles of the partner network from the cooperation between TMH and PlugSurfing GmbH (hereinafter "partner network") in the amount of the value of the card or the loaded prepaid credit. The prepaid charge card allows access to and use of the partner network's charging stations at the current price on one or more sessions.

b) The ChargeCard shall be provided with a pin number and identification number in the form of a unique number, with which the Customer can identify himself at the charging process at any of the partner network's charging stations.

c) The locations of the partner network's charging stations can be found at www.mobilityhouse.com. The ability to charge at any time, however, cannot be guaranteed. The Customer shall not have any right to the establishment and maintenance of charging stations.

d) The ChargeCard is not specific to the individual. There is no requirement for a contract is intended by TMH to be permanent. The ChargeCard shall be valid for ten years.

e) Charging stations outside the partner network shall require a separate contract with the charging station's operator. The ChargeCard's payment function shall only work at the charging stations of TMH's partner network.

(2) Utilisation sessions

a) Every utilisation session of the charging infrastructure when the ChargeCard is used shall give rise to a separate licence agreement between the operators of the partner network and the Customer.

b) The license agreement shall entitle the Customer to use the charging station for the duration of the connection time in accordance with these General Conditions, and in the amount of the card's value or the amount of kilowatt hours equivalent to the current balance (hereinafter "kWh"). Access to and authentication at the partner RWE AG's charging stations shall only be possible with the ChargeCard with the help of the intercharge app, which is available from the Apple Inc. App Store or Google play Store. The ChargeCard's unique identification number and PIN shall be required to use the intercharge app.

c) The ChargeCard may only be used at the partner network's charging stations as named in subsection (1) c), and only for the purchase of energy for 2- or 4-wheeled electric vehicles. Other vehicles or equipment may be damaged by connecting to the charging station, and can damage the charging station.

d) The Customer shall be responsible for ensuring that the electric vehicle to be charged and the necessary tools such as cables, comply with all applicable legal requirements at all times. In the event that the electric vehicle cannot be safely charged due to a fault in the vehicle itself and/or the tools used, TMH shall not be liable.

(3) Credit, price, billing

a) Upon purchasing the ChargeCard, the card shall have a starting balance of a fixed amount of kWh corresponding to the purchase price, and which is recorded on the ChargeCard. The balance of the ChargeCard will be debited per kWh used for charging from the beginning of the utilisation session.

b) Each utilisation session shall reduce the card's prepaid credit (or starting credit) by a whole number of kWh used for charging. Individual charging sessions will not be billed.

c) The ChargeCard's credit value corresponds to a fixed amount of kWh. TMH guarantees customers a constant price per kWh for the initial credit, and also for prepaid credit when recharging.

d) After acquiring the charge card, no other fees or minimum sale fees shall be incurred by the Customer in addition to the cost of the utilisation sessions. The credit shall not bear interest.

e) The ChargeCard can be topped up online on shop.mobilityhouse.com and can be used immediately, with topping-up taking no longer than 24 hours.

f) The display of the ChargeCard's current credit value cannot be guaranteed at each of the partner network's charging stations during charging. However, the Customer can check her/his current balance by calling the free hotline from Monday to Saturday, 8 a.m. to 7 p.m., on +49 800 400 80 66, and quoting the identification number. Current balance queries are provided by partner PlugSurfing subject to a debiting delay of 24 hours.

g) The Customer shall not be entitled to proof of individual charging sessions processes at the partner network's charging stations.

h) If TMH or their infrastructure partners find any tampering with the ChargeCard or abuse of the charging sessions, then TMH or the network partner shall reserve the right to block the ChargeCard.

(4) Loss/ theft of the ChargeCard

a) TMH shall be informed immediately in the event of loss or theft of the ChargeCard. TMH can block the ChargeCard when informed of loss or theft if the Customer specifies the card's identification number. All transactions carried out with the ChargeCard before the Customer reports it lost or stolen shall be borne by the Customer.

b) In the event of loss or theft of the ChargeCard, the Customer shall receive a new ChargeCard with the remaining balance of the original ChargeCard subject to a fee of EUR 10 and compliance with the reporting obligation specified in subsection a).

(5) Liability

a) Temporary disturbances, restrictions or interruptions to charging posts or the card system are possible, and should not be regarded as a technical defect of the ChargeCard. They shall not be grounds for claims for refunds or damages.

b) TMH shall accept no liability for the constant availability and functionality of the partner network's charging stations. TMH shall not accept liability for loss resulting from a lack of availability, truncation or corruption of the data transmitted, and which are not due to wilful misconduct or gross negligence on the part of TMH.

c) Section b) shall not apply to death, bodily injury or damage to health.

d) The Customer shall be liable for all damages resulting from improper or incorrect use of the ChargeCard, or improper or abusive charging under general tort law. No liability shall be accepted for loss or theft.
 
16. Final Provisions
(1) These terms and conditions shall be governed by the laws of the Federal Republic of Germany, excluding the UN Sales Convention.

(2) The contract language shall be exclusively German.

(3) If Customer is a merchant, a legal entity under public law, or public law special fund, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and TMH shall be Munich.

(4) Even if individual items are legally invalid, the remaining parts of the Contract shall remain binding.
 
17. Storing the Contract text
We shall save a copy of the Contract and send you the ordering information and our terms and conditions via e-mail. You can also view the terms and conditions at any time here. Your past orders can be found in our customer login.
 
As of December 2014