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General terms and conditions of sale for the charging service

GENERAL TERMS AND CONDITIONS OF SALE FOR THE CHARGING SERVICE

The GTC define the conditions of access, use and sale of the Charging Service. Access to and use of the Charging Service by the User are subject to the User’s acceptance of and compliance with the GTC, translated into the language of the country where the Service is provided.

1. DEFINITIONS

For the purposes of these GTC, capitalized terms shall have the meanings set out below:

DRIVECO Application: means the application developed by DRIVECO SAS enabling the User to access the Charging Service.

DRIVECO badge: means a badge provided by DRIVECO allowing access to the Charging Service.

External Badge: refers to a badge supplied to the User by a Mobility Operator or any third party other than DRIVECO.

Charger: refers to a charger that is part of the DRIVECO Network.

GTC: refers to these general terms and conditions of sale of the Charging Service.

User Account: refers to the user account available within the DRIVECO Application.

DRIVECO:

  • When the Charging Service is used in France: refers to the company DRIVECO SAS, a French simplified joint-stock company with a share capital of €482 154, whose registered office is located at 34, avenue des Champs-Elysées, 75008 Paris, France, registered with the Paris Trade and Companies Register under number 818 943 938.

    Customer service: +33 9 72 56 26 80

  • When the Charging Service is used in Spain: refers to the company DRIVECO ESPAÑA S.L., with its registered office at Calle Castelló 66, 3°A, 28001, Madrid, Spain, registered with the Madrid Mercantile Registry under number M-812977, and with tax identification number (NIF) B56890817.

    Customer service: +34 911 23 42 91

  • When the Charging Service is used in Italy: refers to the company DRIVECO ITALIA S.R.L., a limited liability company with a share capital of €10,000. Registered office: Via Porlezza 12, 20123 MILAN (MI), Italy. REA number: MI – 2721159. VAT number: IT2721159

    Customer service: +39 02 9475 1772

  • When the Charging Service is used in Belgium: refers to the company SRL DRIVECO BELGIUM, a private limited liability company with its registered office at 1000 Bruxelles, 37 rue du Congrès, Belgium, registered with the Crossroads Bank for Enterprises under number 1002.802.430

    Customer service: +32 2 808 31 45

Parking Spot: means a space for parking an Electric Vehicle located within a Charging Station, and which is associated with a Charge Point.

Mobility Operator: refers to a mobility operator or any other service provider (other than DRIVECO) offering charging services for electric or plug-in hybrid vehicles.

Charge Point: refers to a charge point integrated into a Charging Station.

Web Portal: means the internet page set up by DRIVECO SAS to enable the User to access the Charging Service.

Owner: refers to the natural or legal person who owns a Charging Station.

DRIVECO Network: refers to the network of Charging Stations operated by DRIVECO and accessible as part of the Charging Service. The Charging Stations may belong to DRIVECO or to Owners.

Charging Service: refers to the service provided by DRIVECO or third parties allowing Users to charge Electric Vehicles at Charging Stations, subject to these GTC.

Charging Station: refers to the combination, on a single site, of several Chargers and parking spaces dedicated to the Charging Service.

User: refers to the person using the Charging Service.

Electric Vehicle: refers to the User’s electric or plug-in hybrid vehicle.

2. RECHARGE SERVICE DESCRIPTION

The purpose of the Charging Service is to enable a User to recharge its Electric Vehicle by connecting it to a Charge Point.

The power of the Charging Service may vary depending on the type of Charge Point selected by the User.

The power indicated at a Charge Point corresponds to a maximum theoretical value and is non-contractual.

The User acknowledges that the power of the Charging Service is not guaranteed and may depend on the type of Electric Vehicle, the state of the Electric Vehicle’s battery, and the charging conditions defined by the Electric Vehicle’s manufacturer, and/or the state of occupancy of the Charging Station. In addition, the power available at each Charge Point may be modulated.

The Charging Service may also include the provision of the parking space associated with the Charge Point for a fee. In this case, the fee for this service is specified in the Charge Point’s pricing conditions.

The Charging Service is provided by DRIVECO or by an Owner through DRIVECO. The list of Charging Stations in the DRIVECO Network is available on the DRIVECO Application or on the DRIVECO website accessible at the following address: www.driveco.com. Information relating to the DRIVECO Network is provided for information purposes only and is non-contractual. DRIVECO reserves the right to update this information and to modify the composition of the DRIVECO Network at any time.

In addition, DRIVECO in no way guarantees the accuracy of any information available on any website, application or medium developed by third parties.

3. CONDITIONS OF ACCESS TO THE CHARGING SERVICE

DRIVECO application

The User can access the Charging Service via the DRIVECO Application.

The DRIVECO App can be downloaded to devices running compatible Android and iOS operating systems.

The DRIVECO Application allows the User to create and access its User Account. The User can associate a DRIVECO Badge with its User Account via the DRIVECO Application. The User also has the option of entering its payment card details via the DRIVECO Application to simplify the procedures for accessing and paying for the Charging Service. Full payment card details are not stored by DRIVECO.

Web portal

The User can use its cell phone (or any other compatible device) to scan the QR code associated with the Charge Point to which he wishes to connect its Electric Vehicle.

The User is redirected to the Web Portal so that he can enter its contact details and access the Charging Service in accordance with the GTC.

DRIVECO is the owner of intellectual property rights or holds the rights of use on all the elements comprising and/or accessible on the Web Portal, in particular the texts, images, graphics, logos, icons and software. Any reproduction, representation, modification, publication or adaptation of all or part of these elements is prohibited, except with the prior written authorization of DRIVECO.

Pre-authorization (Charging service at extra cost)

To access the Charging Service, the User must enter its credit card details on the DRIVECO Application or on the Web Portal, unless the User uses the DRIVECO Application or the DRIVECO Badge and its credit card details have already been entered into its User Account.

DRIVECO will issue a pre-authorization request. The amount of the pre-authorization request is shown on the DRIVECO Application or on the Web Portal.

If the pre-authorization request is successful, the User can benefit from the Charging Service and recharge its Electric Vehicle; The User receives a tracking link by email, allowing them to monitor the provision of the Charging Service and to end the Charging Service

A bank pre-authorization does not constitute a debit. The time during which funds are held depends entirely on the User’s bank.

DRIVECO badge

When a User has associated a DRIVECO Badge with its User Account and entered its payment card details in its User Account, the User can access the Charging Service using only the DRIVECO Badge.

Use of the DRIVECO Badge, subject to the successful completion of the pre-authorization request, results in the immediate provision of the Charging Service under the conditions in force on the date the DRIVECO Badge is validated. It is therefore the User’s responsibility to consult the pricing conditions applicable to the Charge Point before validating the DRIVECO Badge.

4. PRICING APPLICABLE TO THE RECHARGING SERVICE

The pricing applicable to the use of the Charging Service for the Charge Point selected by the User appears on the DRIVECO Application or on the Web Portal and/or on an illuminated display totem on the site concerned. Pricing is based on fluctuations in electricity market prices. In any event, this pricing is displayed.

The User thus acknowledges that he/she may enquire about the price of the Charging Service at any time before and during its provision.

DRIVECO reserves the right to modify pricing at any time to consider changes in electricity prices or any other market condition. However, no change in pricing will apply to the User during the Charging Service.

Energy supplied is always due, even if the session is terminated prematurely.

5. CALCULATION OF TOTAL RECHARGE SERVICE PRICE

The total price of the Charging Service begins to be calculated from the start of charging of the Electric Vehicle until the Charging Service is stopped.

The Charging Service is stopped when the cable connecting the Electric Vehicle to the Charge Point is disconnected, or automatically if the pre-authorization request amount is reached.

The Charging Service can also be stopped remotely by DRIVECO.

The User can follow the evolution of the total price for the performance of the Charging Service directly within the DRIVECO Application or via the Web Portal upon opening the tracking link that was sent by email. Any dispute regarding a transaction must be raised within sixty (60) days from the date of the Charging Service.

Once the Charging Service has been completed, a summary of the recharging session is sent to the User or made available on its User Account. The User may request an invoice by contacting DRIVECO.

Recharging sessions lasting less than two minutes and resulting in the delivery of less than 500 Wh are not billed (except in the case of abusive or misappropriate use of the Charging Service by the User).

6. TERMS OF PAYMENT

The total price of the Charging Service is paid using the credit card entered by the User.

The total price of the Charging Service cannot exceed the amount of the pre-authorization request made by DRIVECO on the bank card entered by the User: consequently, the Charging Service will automatically stop once the pre-authorization amount has been reached.

7. ROAMING PLATFORM

Charging Stations may be accessible via a service provided by a Mobility Operator, using an External Badge. Where applicable, this service is provided in accordance with the conditions determined by the Mobility Operator.

For any questions concerning the use of this service, the User must contact the Mobility Operator concerned directly.

8. CONDITIONS OF USE OF THE RECHARGING SERVICE

Parking on Charging Stands

To use the Charging Service, the User must park the Electric Vehicle in the Parking Space associated with the Charge Point he wishes to use. The Electric Vehicle must not encroach on adjacent parking spaces.

The use of a Parking Space is exclusively dedicated to the use of the Charging Service.

The duration of use of the Parking Spot is limited to the time required to fully recharge the Electric Vehicle. Any use of the Parking Spot, beyond the time strictly necessary to fully charge the Electric Vehicle may give rise to the invoicing of a fixed fee for extended parking, the amount of which is shown in the pricing conditions associated with the Charge Point selected by the User. This flat-rate fee applies without prejudice to any other parking penalties that may be applied locally by third parties.

Neither DRIVECO nor the Owners may be held responsible for any obligation of custody or supervision in respect of the Charging Service. Consequently, except in the case of willful misconduct, they exclude all liability in the event of theft, damage or vandalism affecting the Electric Vehicle, the cable and/or any property or personal effects associated with or present within the Electric Vehicle. The physical and operational availability of the Charging Stations is not guaranteed. In any event, DRIVECO’s liability is limited to direct damages, excluding, but not limited to, losses relating to business interruption, loss of turnover, loss of data, vehicle immobilisation, etc.

Any non-compliant use of a Parking Spot may result in the removal of the Electric Vehicle, at the User’s risk and expense.

Charging the Electric Vehicle

The User must make normal use of the Charging Service and the Charging Stations in accordance with the technical characteristics of its Electric Vehicle. In particular, the User undertakes to comply with all charging recommendations issued by the manufacturer of the Electric Vehicle (about charging power and duration). It is the User’s sole responsibility to check that its Rechargeable Vehicle, cable (if applicable) and the Charge Point used are compatible.

When the charging cable is attached to the Charge Point, the User is obliged to use this cable. In the event of damage to this cable, the User must not use the cable concerned and must immediately notify DRIVECO of this situation by contacting the customer service department, using the contact details provided in the “User assistance and mediation” article.

Where no charging cable is attached to the Charge Point, the connection cable is provided by the User at its own expense. A User may only use a charging cable that complies with the standards applicable in the country in which the Charging Service is used. The User must ensure that this cable is in good condition and is compatible with the Charge Point connectors. Under no circumstances may the User use a damaged or faulty cable, or one that does not comply with applicable standards.

In the event of a default reported by the Charger, the User must immediately stop using, or seeking to use, the Charging Service.

Unauthorized use of the DRIVECO badge or DRIVECO application

The User is solely responsible for the use of its DRIVECO Badge or the DRIVECO Application installed on the User’s device. DRIVECO and the Owners decline all responsibility in the event of unauthorized use of the DRIVECO Badge or the DRIVECO Application on the User’s device. The User is liable for all expenses incurred through its DRIVECO Badge or the DRIVECO Application installed on its device.

In the event of loss or theft of its DRIVECO Badge, the User must inform DRIVECO’s customer service without delay to deactivate the DRIVECO Badge. DRIVECO may apply a replacement fee.

In the event of failure of the DRIVECO Badge, the User may contact DRIVECO’s customer service to replace the DRIVECO Badge. The replacement is carried out free of charge by DRIVECO if the failure is not the result of improper use or storage of the faulty DRIVECO Badge.

9. RESPONSIBILITY OF THE USER

The User is responsible for any damage he may cause while using the Charging Service, the Charging Stations and/or the Parking Spots, in particular any damage that may be caused by its Electric Vehicle. Repair costs arising from misuse may be charged to the User.

In the event of improper, fraudulent, dangerous, in breach of the GTC or abusive use of the Charging Service, in particular for the purpose of enabling the User to benefit from preferential pricing conditions in contradiction with the terms of a promotional offer, DRIVECO reserves the right to suspend or prohibit the User’s access to the Charging Service, all without prejudice to the possibility of exercising any recourse to obtain recovery of any sum owed by the User for the use of the Charging Service.

DRIVECO may amend the technical terms and conditions of the Charging Service to ensure they comply with legal or regulatory requirements.

10. PERSONAL DATA

Pursuant to the applicable regulations governing the processing of personal data, in particular the provisions of Law No. 78-17 of 6 January 1978 on information technology, data files and civil liberties, and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, the User’s personal data is processed by DRIVECO in its capacity as data controller, where applicable, jointly with the Owners.

The User’s personal data will be collected by DRIVECO for the following purposes:

  • To provide the Charging Service to the User. The collection is based on the legal basis of the performance of the GTC, whatever the medium (DRIVECO App, Web Portal, DRIVECO Badge, External Badge, etc.);
  • To provide the User with commercial information relating to DRIVECO or its partners. The collection is based on the User’s consent.

The data is retained for the duration of the contractual relationship plus 5 years.

The personal data collected is intended for DRIVECO’s operational departments and, where applicable, the Owners’ operational departments.

Users have the right of access, erasure, objection, rectification, data portability and the right to restrict the processing of their data.

To exercise these rights or for any queries regarding the processing of personal data, the User may contact the Data Protection Officer (DPO) by email: dibbdpo@dibb.fr

If, after contacting the DPO, the User considers that its rights have not been respected, it may at any time refer the matter to the competent supervisory authority:

  • In France: the National Commission for Information Technology and Civil Liberties (www.cnil.fr).
  • In Spain: the Spanish Data Protection Agency (https://www.aepd.es/)
  • In Italy: Garante per la protezione dei dati personali (https://www.garanteprivacy.it/home)
  • In Belgium: the Data Protection Authority – Gegevensbeschermingautoriteit (https://www.autoriteprotectiondonnees.be/citoyen)

For further information on data management, rights and freedoms, DRIVECO’s privacy policy is available on the DRIVECO website at the following address: https://driveco.com/politique-de-confidentialite/

11. APPLICABLE LAW AND RIGHT OF WITHDRAWAL

These GTC are governed by the law of the country in which the Charging Service is provided, without prejudice to any mandatory provisions protecting the consumer.

If the User qualifies as a consumer under the applicable legislation in the country where the Charging Service is used, the User acknowledges that it has given its consent for the Charging Service to be performed immediately, before the end of the withdrawal period.

Without prejudice to the foregoing, given the nature of the electric charging services provided under the GTC, the following provisions shall apply:

  • Article L. 221-28 of the French Consumer Code shall apply in France,
  • Article 103 of the Spanish LGDCU shall apply in Spain,
  • Article VI.53 of the Belgian Code of Economic Law shall apply in Belgium,
  • Article 59, letter o) of the Italian Consumer Code shall apply in Italy.

12. USER SUPPORT AND MEDIATION

Any request for information or complaint relating to the Charging Service and/or the GTC may be addressed to DRIVECO using the following contact details:

Sales support: By email: support@driveco.com

If a dispute with the User has not received a satisfactory response, or if the dispute has not been resolved within two months from the date the complaint was received, the User has an additional period of ten months to contact directly and free of charge:

  • When the disputed Charging Service was used in France: The Consumer Mediation Center of Justice Conciliators (CM2C) can be contacted:
    • Via their website: https://www.cm2c.net/declarer-un-litige.php
    • By email: cm2c@cm2c.net
    • By mail at the following address: CM2C, 14 rue Saint Jean, 75017 Paris.
  • In the case of services provided within the EU: If you are a foreign consumer located within the European Union, you may refer to the European Online Dispute Resolution platform available accessible https://consumer-redress.ec.europa.eu/list-alternative-dispute-resolution-adr-bodies_en.

These alternative dispute resolution methods are optional for the User, who may at any time bring the matter before the competent judicial courts.

13. FORCE MAJEURE

Neither party shall be liable for any delay or failure to perform resulting from force majeure as defined by applicable law, including natural disasters, labor disputes, massive power outages or cyber-attacks.

14. MISCELLANEOUS

Should any provision of the GTC be invalid or unenforceable for any reason whatsoever, the remaining provisions remain in full force and effect.

These GTC may be modified at any time by DRIVECO. The GTC applicable to the Charging Service are those in force on the date on which the Charging Service is provided.

The applicable law is that of the country in which the Charging Service is provided. Any disputes shall be submitted to the jurisdiction of the courts of the country where the Service is provided, subject to mandatory local legal provisions protecting consumers.