EVBox General Terms and Conditions
These are the general terms & conditions of EV-Box B.V. a private limited company under the laws of the Netherlands having its statutory seat in Almere, the Netherlands, and its registered seat at Pedro de Medinalaan 31, 1086 XP Amsterdam, the Netherlands. EV-Box B.V. is registered at the Dutch Chamber of Commerce under number: 32165082.
Table of Contents
Article 1 - Definitions
1.1 In these general terms and conditions of EV-Box B.V. words, abbreviations and expressions written with a capital letter have the meanings given in clause 1.2 (other terms with a capital not defined in this provision are defined in the specific clause.
Agreement: means the Quotation signed by the Customer, including any appendices to the Quotation, and in any case including the Terms and Conditons ;
BackOffice: the cloud-based management system to which the Customer can log on to with use of his username and password via the website of EV-Box: http://backoffice.ev-box.com;
Charge Card: the card provided by EV-Box to the Customer after purchase of a Charge Point or upon order of an extra charge card providing acces to one or more Charge Points;
Charge Keyfob: key ring of EV-Box providing access to the use of one or more Charge Points;
Charge Point: station the End-user can use for charging his Electric Vehicle via the Charge Card, Charge Key Fob or Chargenet and also allows him to stop or break-off Charging Sessions;
Charge Point Network: collection of Charge points of all Charge Point Operators which are accessible through EV-Roaming;
Charge Point Operator: an operator of Charge Points which are accessable through EV-Roaming;
Charge Point Provider: Customer owning an EV-Box Charge Point situated on his property which is accessible for Guest-use through EV-Roaming;
Charging Session: the period the Electric Vehicle is connected to the Charge Point which is started or stopped by a Charge Card or Charge Key Fob;
Consumer: a natural person whose actions are not carried out for objectives relating to the course of a trade, a profession or a business;
contract: a contract relating to a series of products and/or services, whereby the obligation to supply and/or purchase is spread over a period of time;
Customer: means every legal entity or natural person that enters into an agreement with EV-Box, wishes to enter into a contractual relationship with EV-Box or has already done so. A customer is also an End-user if he makes use of the Products or Services of EV-Box;
Data-storage medium every medium– including emails – that enables a Consumer or EV-Box to store information that is addressed to him in person in a way that facilitates its future use or consultation during a period that is in keeping with the objective for which the information is intended, and which facilitates the unaltered reproduction of the stored information;
Digital content: data that are produced and supplied in digital form;
Distance contract: an Agreement concluded between EV-Box and Consumer within the framework of system organized for the distance sale of products, digital content and/or services, whereby sole or partly use is made of one or more techniques for distance communication up to and including the moment that the contract is concluded;
Electric Vehicle: a vehicle for the road fully or partially propulsed by an electric motor which uses electricity which is stored in any way and which is chargeable through use of an EV-Box Charge Point;
End-user: the natural person or legal entity using the EV-Box Products, Services or EV-Box Network;
EV-Box: EV-Box B.V. a private limited company under the laws of the Netherlands;
EV-Box Network: A collection of Charge Points operated by EV-Box;
EV-Roaming: is a Service provided by EV-Box which allows different Charge Point Operators to communicate and exchange data with each other. EV-Roaming allows End-users to use different Charge Points from different Charge Point Operators domestically and abroad;
Guest-use: the situation an End-user uses a Charge Point of a Charge Point Provider via a Charge Card or Charge Key Fob not owned by the Charge Point Provider;
Provider: provider of Charge Cards and Charge Key Fobs which can be used in the EV-Box Network;
right of withdrawal: the European model form for right of withdrawal that is included in Appendix I of these Terms and Conditions. EV-Box is not obliged to provide Appendix I if the consumer has no right of withdrawal with regard to his order;
Party/Parties: EV-Box and/or Customer;
Products: products delivered by EV-Box to the Customer, including – but not limited to – Charge Station, Charge Card, Charge Cables and other gear;
Quotation: every quotation, proposal and/or statement issued by EV-Box to Customer for the delivery of one or more Products and/or Services;
Right of withdrawal: the possibility for a Consumer to waive a distance contract within the withdrawal period as stated in the chapter Right of withdrawal distance contract at the end of these Terms & Conditions;
Services: services provided by EV-Box including – but not limited to – Subscriptions, EV-Roaming and Technical Services;
Subscription: Services provided by Ev-box granting access to the functionalities of the EV-Box management system BackOffice or access to the Charging Point Network via the EV-Box Charge Card or Charge Key Fob;
Technique for distance
communication: means that can be used for communication regarding the Quotation made by EV-Box and concluding a Agreement, without the necessity of the Consumer and EV-Box being in the same place at the same time.
Technical Services: means the services provided by EV-Box, including – but not limited to - Smart Charging, Load Balancing, Hub / Satellite configurations, Proactive notifications and firmware updates;
Terms and Condtions: these general terms and conditions including any appendix;
Article 2 – Terms and Conditions
2.1 All Quotations, Agreements and other statements and communications by EV-box shall be subject to these Terms and Conditions.
2.2 Deviations from these Terms and Conditions shall only apply where agreed in writing between the Parties and only apply to the specific Agreement containing the deviation
2.3 The applicability of any of the Customer’s purchasing or other general terms and conditions is expressly rejected, unless agreed otherwise by EV-Box in writing.
2.4 EV-Box has provided Customer with these Terms and Conditions before concluding the Agreement. The Terms and Conditions can be consulted via the website of EV-Box: http://www.ev-box.com/general-terms-conditions/.
2.5 All that is stipulated in these Terms and Conditions and any further Agreements, are also stipulated for affiliated companies of EV-Box, intermediaries and other third parties involved in the performance of the Agreement.
2.6 If any provision of these Terms and Conditions is null and void or is voided, the other provisions of these Terms and Conditions will remain fully in effect. In this case, EV-Box and the Customer will consult with one another to agree new provisions to replace the void or voided ones. In doing so, the purpose and meaning of the void or voided provision will be taken into account as far as possible
2.7 Changes to the Terms and Conditions enter into force thirty (30) days from the day they are announced, unless a later date is announced in the notice. The changes will also apply to existing Agreements. If a Consumer does not wish to accept the changes to the Terms and Conditions he may in writing terminate the existing Agreement within the abovementioned period and provided that EV-Box receives the notification within the abovementioned period and the change to the Terms and Conditions justify termination.
2.8 In the event of changes to these Terms and Conditions that (i) gives EV-Box the right to increase the agreed price within three months after the conclusion of the Agreement or (ii) grant EV-Box the power to provide a Service which substantially deviates from the promised performance, the Consumer has the right if he does not agree with the modifications and / or additional conditions to terminate the Agreement on the condition that Consumer notifies EV-Box in writing within a period of thirty (30) days. This provision does not apply to alterations of the Terms and Conditions due to changes in relevant legislation and / or regulations.
3.1 All Quotations EV-Box are non-binding and can be withdrawn by EV-Box, even if they contain a deadline for acceptance. Quotations can be revoked in writing by EV-Box within seven (7) calendar days after receipt of acceptance, in which case no Agreement is concluded between the Parties.
3.2 Quotations may only be accepted writing (including via electronic means). EV-Box is nevertheless entitled to confirm a verbal acceptance as if it were in writing. At the moment Customer or EV-Box receive a confirmation by email, by mail and/or other usual (electronic) communication, or EV-Box commits and act showing that EV-Box acknowledges or executes the Agreement ( "Effective Date") an Agreement is concluded and a binding Agreement is established between the parties.
3.4 Printed and digital communications in the broadest sense of the word, such as catalogs, price lists, brochures, other websites, emails etc. recorded data are not binding for EV-Box.
3.5 The Quotation is also based on the information provided by Customer. Customer warrants that the information is complete and correct.
Article 4 – Providing information and cooperation
4.1 Customer undertakes to ensure that all data, documents and contacts, which EV-Box considers necessary for the timely and proper execution of the Service and/or Product, are provided on time by Customer and in the form and manner required by EV-Box.
4.2 Customer ensures that EV-Box is informed immediately about all facts and circumstances that may be of importance to the proper and correct performance of the Agreement.
4.3 Unless the nature of the Agreement dictates otherwise Customer is responsible for the correctness, completeness and reliability of the data and documents provided to EV-Box, even if they originate with or from third parties.
4.4 Any extra costs and extra fees resulting from the delay of the performance of the Agreement due to overdue delivery or not proper delivery of the requested information, documents, or facilities are for the account of and payable by Customer.
4.5 EV-Box is not liable for any damages of Customer or third parties as a result of incomplete, overdue delivery of information or providing incorrect information on the part of the Customer.
Article 5 – Prices, Products and Services
5.1 Customer owes the rates as is specified in the Quotationissued by EV-Box and is valid for the duration of the Quotation.
5.2 All prices quoted by EV-Box are based on the price-determining factors known to EV-Box at the moment of issue of the Quotation.
5.4 EV-Box is at all time authorized to immediately adjust prices if a legal price-determining factor, such as taxes, statutory supplements and levies require to do so.
5.5 EV-Box has the right to unilaterally change in writing (including email) to change the prices and tariffs of its Products and Services. If Customer does not wish to agree to a price change that occurs within three (3) months after the conclusion of the Agreement, the Customer has the right to terminate the Agreement within fourteen (14) days after the written notification of EV-Box. If EV-Box maintains a period of more than three (months) after the conclusion of the Agreement for a price change, the Customer is not entitled to terminate the Agreement.
5.6 EV-Box has no influence on the applicable rates and prices of other Charge Point Operators and Charge Point Providers within the Charge Points Network. Clause 5.5 is not applicable to EV-Roaming, Article 3 Section 2 of these Terms and Conditions, insofar Customer uses this Service and uses a Charge Point of another Charge Point Operator.
Article 6 – Billing and payment Products, Services and Charging Sessions
6.1 The amounts to be invoiced are in accordance with the Agreement concluded by EV-Box and Customer.
6.2 Payment of the Products and Services is to take place at one of the following ways: 1) in advance, 2) via SEPA direct debit or 3) within a payment term of fourteen (14) days from the invoice date. The manner of the Products and Services Payment is determined in the Quotation.
6.3 EV-Box sends invoices for Products, Subscriptions, possible Technical Services and Other Services, by email to the email address specified by Customer.
6.4 EV-Box is at all time entitled to demand security from Customer for the proper and timely fulfillment of his payment obligations.
6.5 If the delivery of Services and/or Products takes place in parts, each part can be invoiced separately by EV-Box, unless otherwise agreed with the Customer.
6.6 If Customer does not agree with the invoice, Customer must notify EV-Box in writing within the payment term, giving the reasons for his objections by e-mail: firstname.lastname@example.org.
6.7 If Customer chooses to pay by direct debit, the debit will take place every month, unless the Parties have agreed otherwise in writing. Customer warrants that the amount billed monthly by direct debit is collectible.
6.8 A Consumer can reverse direct debit without stating the reasons why up to sixty (65) days after collection date. If the Consumer does not express his objections in accordance with Article 6.6 within in the payment term mentioned on the invoice he has to pay the invoiced amounts.
6.9 If Customer, not being a Consumer, does not pay within the agreed payment term or direct debit for whatever reason is unable, or not fully carried out, Customer is legally in default and this - without requirement of a notice of default - from the invoice date and is due an interest of 1% per (part of a) month on the outstanding amount with a minimum of € 40, - (Forty Euro’s) excluding VAT, without prejudice to any further rights accruing to EV-Box.
6.10 Consumer is only in default and liable for extrajudicial costs in the situation stated in clause 6.11 or in case he does not pay within the agreed payment or direct debit for some reason can not, or can not fully take place in accordance payable article 6.8 after having been given notice to comply with a notice period of fourteen (14) days starting from the receipt of the demand and does not meet the demand for payment. The notice shall be deemed received on the second business day following dispatch, where Monday is considered not to be a business day.
6.11 In case of payment default by the Customer all judicial costs and extrajudicial collection costs incurred by EV-Box in order to achieve fulfillment of the obligation are borne by Customer. The extrajudicial collection costs amount to 15% of the outstanding invoice amount, with a minimum of € 40, - excluding VAT charged to the Customer, without prejudice to the EV-Box further rights to compensation under Article 6:96 BW.
6.12 In case of payment default EV-Box is entitled to suspend, terminate or rescind the execution of the Agreement and all related agreements, without prejudice to the right of EV-Box to recover/claim an y incurred damages.
6.13 The Customer’s payments will first be used to settle all interest and costs and then the invoices which have been outstanding the longest, even if the Customer states that the payment relates to a later invoice.
6.14 Set-off by the Customer of any amount is not permitted unless EV-Box acknowledges the cliam of Customer unconditionally writing.
6.15 Payments done by Customer to EV-Box electronically, including via the Internet and using credit cards are for the risk of the Customer. EV-Box is not liable for damages of the Customer related or the result of payments done electronically via the Internet or through credit cards. Providing credit card information to EV-Box via the Internet or otherwise is for account of the Customer.
7.1 All work carried out by EV-Box will be performed to its best knowledge and ability in accordance with the requirements of good craftsmanship. All works are performed on the basis of a best efforts obligation on the part of EV-Box, unless expressly provided otherwise in writing.
7.2 EV-Box determines the manner in which the Service is performed, taking into account any requirements of Customer as much as possible.
7.3 EV-Box has the right to involve third parties in the performance of the Agreement, if this is necessary for the performance of the Agreement.
8.1 All (delivery) periods and (delivery) dates stated or agreed by EV-Box are to the best of its knowledge and on the basis of the information known to EV-Box at the conclusion of the Agreement. All (delivery) periods, (delivery) dates, completion dates, provisional or interim completion dates stated or agreed between the Parties are non-binding and are only an indication for delivery or completion.
8.2 The mere fact that a final delivery or completion date stated or agreed between Parties has lapsed does not mean EV-Box is in default. In all cases - thus even where Parties explicitly and in writing agree to a final (delivery) period or delivery or completion date agreed - EV-Box only is in default after Customer has given writen notice and EV-Box fails to adhere to this notice. The notice must contain a complete and detailed description of the fault/defect of EV-Box so that EV-Box is able to respond adequately to the occasion.
9.1 The method of delivery of the Products is determined in the Agreement. Customer is charged above the agreed price for the following costs of delivery, delivery by mail or by courier, shipping costs and any import duties, in addition to the agreed price.
9.2 EV-Box has fulfilled its delivery obligations in connection with the delivery of Products if the Products are ready for transport and are ready to be collected or made available to Customer at the agreed location, depending upon what is agreed by Parties in the Agreement / Quotation. If delivery is made by means of electronic transmission, delivery is considered to have taken place as soon as EV-Box is in possession of a proof of posting.
9.3 Delivery of Products is done, unless agreed otherwise by Parties in writing, in accordance with the applicable Incoterms: Ex works.
10. The risk of loss, theft, misappropriation or damage to Products, business, data, documents, software, databases or data (codes, passwords, documents, etc.) that are manufactured or used in connection with the performance of the Agreement will pass to Customer at the time they are put at the actual disposal of the Customer or an assistant used by the Customer. To the extent that these objects are in the actual possession of EV-Box or agents of EV-Box, EV-Box carries the risk of loss, theft, misappropriation or damage.
11.1 All goods and/or Products delivered to Customer remain the property of EV-Box until all amounts due by Customer to EV-Box under the Agreement have been paid by Customer in full. If the Customer (part) creates a new object out of goods, items, Products delivered by EV-Box, Customer keeps this new object for EV-Box untill Customer has paid all outstanding amounts in full. EV-Box remains owner of the newly created object untill all outstanding amounts are paid in full by Customer.
11.2 Rights, including any usage rights, will be granted and transferred to Customer under the condition that the Customer paid all amounts due under the Agreement in full. If Parties have agreed to periodic payments a usage right will be granted as long as Customer meets his payment obligations.
12.1 EV-Box is entitled to retain all goods, items in its possession which are the property of Customer until the Customer has met all his obligations towards EV-Box, insofar the related goods, items have a direct or sufficient connection with these obligations.
13.1 EV-Box can if assigned by the Customer take care of the complete installation of the Charge Point, by assigning a qualified installation partner.
13.2 The installation partner works in accordance with the applicable laws and regulations and the applicable installation regulations.
13.3 A charge Point can only be installed at a location where the electrical installation complies with the relevant requirements.
13.4 If (parts of) the installation is performed by a third party assigned by Customer EV-Box can not be held responsible or liable for any installation error or any damage as a result of an incorrect installation or an installation which is not performed according to the installation instructions.
13.5 Customer warrants that all information provided by the Customer for the Quotation or to the installation partner at inspection are correct and accurate. If during installation it becomes clear that the information provided by Customer is not correct, the costs for all additional work from the installation are for the account of Customer.
13.6 EV-Box preserves the right to monitor, maintain or release new software for the installed Charge Points from the BackOffice sytem.
13.7 Any damage to a Charge Point must be reported to EV-box immediately via email@example.com.
13.8 All damage suffered by Customer related to inaccurate or incomplete information provided by himself, including information provided by the Customer about the use of different plugs in the meter cupboard, are for the account and risk of the Customer.
13.9 EV-Box and its installation partner are not liable for damage caused by or related to the temporarily turn off of the electricity on the site for the installation of the Charge Point.
13.10 Customer shall, at its own expense and risk, take all necessary precautions (including the observance of the instructions of the installation partner) to enable a safe and trouble-free installation of the Charge Point on site. Customer indemnifies EV-Box and any third party engaged by EV-Box in the performance of the installation against any damage they suffer if Customer does not take the necessary precautionary measures or the precautionary measures taken by Customer are inadequate.
14.1 The installation partner of EV-Box can , if necessary, within a reasonable time after the conclusion of the Agreement contact the Customer to arrange a date for inspection.
14.2 Additional costs of installation are agreed with Customer on site and signed for approval by Customer. If the data on the use of different plugs in the meter cupboard are not correct, all resulting risks are borne by Customer.
14.3 If Customer cancels an installation appointment less than forty-eight (48) hours in advance or if there is no one present at the time of the appointment, EV-Box will charge a fee consisting out an amount for the late cancellation plus an amount for travel costs if the installer must return empty-handed because no one is present.
14.4 When the installation is completed the handover takes place. Customer must be present at the delivery of the Charge Point. The installation partner will check the acceptance document together with the Customer.
14.5 Customer is required during delivery to report any defects to the installation he detects or can reasonably detect. The installation partner will specify the defects in the acceptance document.
14.6 Delivery is accepted, as soon as Customer agrees in writing, by signing the acceptance document.
14.7 The acceptance of completion means Customer has accepted the installation of the Charge Point, with the exception to the possible defects listed in the acceptance document.
14.8 Defects which have been identified during the completion of the Charge Pointby the customer but not notified on completion or might reasonably have been discovered by the Customer at the delivery accepted by the acceptance of completion.
14.9 The installation partner will repair the defects as specified in clause 14.8 within a reasonable period specified in Article 14.8.
14.10 Minor defects which can be repaired within a reasonable period, will not be grounds for the Customer to withhold acceptance of delivery of the Charge Point, provided these defects do not hinder use of the Charge Point.
14.11 If a third party is present and accepts the delivery of the Charge Point in accordance with clauses 14.4 up to and including 14.10 on behalf of Customer, Customer has the right to withdraw acceptance within forty-eight (48) hours after delivery.
14.12 If Customer uses the Charge Point before delivery has taken place and delivery is accepted the day of first use is considered to be the day of acceptance of the Charge Point.
14.13 If Customer does not accept the delivery, he or she will indicate in writing within forty-eight (48) hours why he or she does not accept the delivery. The installation partner will contact Customer within a reasonable time to agree a new delivery date. The new delivery takes place in accordance with clause 14.6 and following clauses in this provision.
15.1 Products have a two-year warranty against defects in materials or manufacturing defects. If Customer detects any damage / defect / shortcoming to the Product he must notify, within a reasonable time and in any event within ten (10) days, EV-Box under statement of all possible details of the defect, the defect or malfunction via: firstname.lastname@example.org and / or 088, 77 55 444.
15.2 Clause 15.1 applies only to Products which are taken directly from EV-Box and not by third parties such as resellers, installation partners or other third parties.
15.3 EV-Box can charge Customers not being consumers, travel costs, transportation costs or other costs of resolving a defect or malfunction.
15.4 Customer should send loose Products such as faulty cables, Charge Cards or Charge Key Fobs, back to EV-Box. Any transportation costs are for the expense of the Customer.
EV-Box does not guarantee that the Products and Services it delivers are without defects and will function without interruption EV-Box has a best effort obligation to repair defects in the Products and Services within a reasonable time.
15.5 In case the customer has reported a malfunction, defect or failure EV-Box can postpone the recovery of the defects until a new version of the Product and/or Service is put into service. EV-Box does not guarantee that defects in software or other items that are not developed by EV-Box, will be repaired. EV-Box is entitled to apply problem avoiding restrictions and/or apply workarounds. If a Service and/or Product is developed by EV-Box and commissioned by Customer EV-Box can charge its usual rates for repair of any defects.
15.6 EV-Box is not responsible for checking the accuracy and completeness of the results of the Service and the data generated using the Service. Customer can check the results of the Service and the data generated using the Service.
15.7 Customer shall, on the basis of the information provided by EV-Box on measures to prevent and limit the consequences of failures, defects in service, mutilation, loss of data or other incidents, identify the risks to its organization and, if necessary, take additional measures . EV-Box is prepared upon request by Customer to if reasonably possible to cooperate with Customer to incorporate the additional measures necessary. EV-Box can charge Customer for the additional work using its normal fees. EV-Box is not responsible for repair of damaged or lost data.
16.1 Customer and/or End-user will use the Products in a good and proper manner, and if necessary install the Products, subject to the conditions and safety instructions included in the accompanying documentation.
16.2 EV-Box is not be responsible or liable: 1) for any improper use of the Products by the Customer and/or End-user 2) for defects in products which are not developed by EV-Box, 3) damage to products developed by third parties that are not operable with EV-Box Products and/or Services, 4) damage to products of EV-Box or a third party products due to the use of products that are not operable with EV-Box products, 5) the use of charging cables or other products without CE mark or otherwise are defective, 6) the use of charging cables that are not suitable for the load capacity of the Electric Vehicle, 7) charging or an attempted charge of unsuitable (electric) vehicles and/or other items, 8) failure to observe the conditions stated in the documentation and/or the in the documentation stated safety instructions for the Product, 9) failure to observe safety instructions from other Charge Points Operators or other Charge Points Customer and/or End-user use to charge their Electric Vehicle or attempt to recharge, 10) failure to act in accordance with legal requirements and 11) any other iacts or omissions of Customer and/or End-usser causing damage.
16.3 All costs of (unauthorized) use and / or abuse of Products and Services are the sole responsibility and risk of the Customer.
17.1 Customer can contact EV-Box to report interruptions, failures, defects and ask questions about the operation of his Charge Point, Charge Card, Subscriptions and/or BackOffice. Customer Support at +31 (0) 88 7755 450 or via email@example.com.
17.2 EV-Box will do its best to answer all notifications and questions as soon as possible.
Article 18 – Intellectual Property
18.1 All intellectual property rights developed in accordance with the Agreement or delivered to Customer including software, websites, databases, equipment or other materials such as analyzes, designs, documentation, reports, quotations, as well as preparatory material, vest exclusively in EV-box, its licensors or its suppliers. Customer shall only acquire the rights of use expressly granted in these Terms and Conditions and/or Agreement and the law. A Client of right of use is revocable, non-exclusive, non-transferable and non-sublicensable.
18.2 EV-Box warrants that its Products as such do not infringe Dutch patent rights, design rights or other rights of industrial or intellectual property of third parties.
18.3 All intellectual property rights pursuant to the Agreement provided by the Customer to EV-Box, such as the logo of Customer, (not being a Consumer) for the purpose op placing this on the Charge Card, remains the property of Customer.
18.4 Customer is not allowed to remove or change any intellectual property right, such as a logo and trademark, on EV-Box Products and/or Services, software, documentation and materials.
Article 19 – Confidentiality & personal data
19.1 Each Party shall treat any confidential information which they obtained from the other Party, including commercial, strategic, financial, technical and/or other data, information and/or knowledge related to that other Party, strictly confidential and does not notify any third party about this information. Such information wiII in any case be considered as confidential if it is indicated in such a way by one of the Parties. The parties are mutually held to take adequate (precautionary) measures to keep confidential information secret.
19.2 Clause 19.1 is not applicable if (i) the information is made public with the prior written consent of the other Party and/or (ii) the information is made public as fulfillment of an judgement/order issued by a judicial authority , in which case the Party which is forced to disclosure will notify the other party in advance notify and will take such steps the other Party may reasonably require to minimize disclosure and to protect confidentiality of the information as much as possible.
19.3 EV-Box treates all personal data provided in accordance with the applicable law, in particular the Data Protection Act. EV-Box has a privacy statement which is published on its website.
19.4 If EV-Box is obliged to provide some form of information security, the security measures shall be of such a level that, having regard to the state of the art, the sensitivity of the data and the costs associated with the implementation of the security measures are not unreasonable.
19.5 If computer, data or telecommunications facilities are used during the performance of the Agreement or otherwise, EV-Box shall be entitled to assign access or identification codes to Customer. EV-Box shall be entitled to change the access or identification codes assigned. Customer shall treat the access and identification codes as confidential and with due care and shall only disclose these codes to authorised members of staff.
19.6 EV-Box shall under no circumstances be liable for any damage or costs arising from the use or misuse of access or identification codes.
19.7 Customer shall indemnify (including without limitation reasonable attorney's fees, fines, other fees, and other damages to third parties) EV-Box against any claims by any third party individuals whose personal data is recorded or processed within the context of a personal data registration maintained by Customer or for which Customer is responsible pursuant to the law, data processing agreement or otherwise, unless the Customer is able to demonstrate that the acts that form the basis of the claim are exclusively attributable to EV-Box.
Article 20 - Liability
20.1 Unless performance is permanently impossible by EV-Box, EV-Box is only liable for any breach in the performance of an agreement if Customer notifies EV-Box in writing through a notice of default with due observance of a reasonable period for recovery of at least ten (10) days and EV-Box fails to repair the breach within the reasonable period set by Customer. The notice must contain a complete and detailed description of the Breach, defect or failure, so that EV-Box can respond adequately to the occasion.
20.2 EV-Box is not liable for indirect damages, including - but not limited to – consequential damages, loss of profits, loss of savings, loss of revenue, loss of or damage to (data) files and damage due to business interruption.
20.3 EV-Box is not liable in respect of any damage caused by EV-Box to Customer in connection with materials provided by Customer to EV-Box in accordance with the Agreement.
20.4 The liability of EV-Box is never more than the net invoice amount of the delivered Product or in the case of a Service the net invoice amount for the month in which the damage arises or results from. The maximum amount payable by EV-Box in any case is EUR 50.000, - (fifty thousand Euros).
20.5 The limitations mentioned in this provision shall be canceled if the damage is caused by intent or deliberate recklessness on the part of EV-Box. EV-Box is not liable for damages caused by intent or deliberate recklessness of third parties engaged by EV-Box.
21.1 Customer is not allowed to transfer all or part of its rights and obligations under the Agreement to a third party without the prior written permission of EV-Box.
21.2 EV-Box is entitled to transfer its rights and obligations under the Agreement to third parties, or engage third parties (including affiliates) in the performance of the Agreement. Customer hereby grants his permission to aforementioned rights in advance.
22.1 If fulfillment on the part of EV-Box and/or third parties or on the part of Customer as result of force majeure is delayed longer than one (1) month, each party - to the exclusion of other rights – is entitled to terminate the agreement according to the law. Products and Services already delivered or works already performed by EV-Box will be paid pro rata.
22.2 In any case force majeure of EV-Box and/or an engaged third party of EV-Box includes:
- the fact that EV-Box and/or an engaged third party does not (timely) receive or receive in a proper manner a performance (including a performance by Customer) important or necessary for their performance of the Agreement;
- disruptions in traffic;
- Government measures preventing EV-Box and/or Customer in performing its/his obligations on time or properly;
- riots, war;
- extreme weather conditions;
- import, export, and / or transit prohibitations.
23.1 Each Party has the right to terminate the agreement without further notice or judicial intervention, in whole or in part, with immediate effect by means of a written letter:
a) if the other Party requested or obtained moratorium or the other Party is declared bankrupt;
b) when the undertaking of the other Party is voluntarily or involuntarily liquidated;
c) if a considerable part of the capital and reserves of the other Party is seized.
23.2 EV-Box is entitled to terminate the Agreement in accordance with Article 23.1 if the company of Customer merges or is acquired by a third party.
23.3 Each of the Parties is only entitled to terminate the Agreement, except as provided in the preceding clauses, if the other Party after a proper and detailed written notice, in accordance with the provisions of article 19, attributable fails to perform material obligations under the Agreement and provided that failure justifies the termination of the Agreement.
23.4 If the Agreement is terminated, Any amounts due by Customer are immediately payable upon termination. If EV-Box suspends fulfillment of its obligations, it will retain its rights under the law and the Agreement.
23.5 EV-Box always retain the right to claim damages already incurred or claim future damages.
24.1 Any disputes that may arise between EV-Box and Customer on the basis of an Agreement concluded between EV-Box and Customer or as a result of further Agreements, these Terms and Conditions that arise from such an Agreement, shall be will exclusively be brought before the competent civil court in Amsterdam, the Netherlands. Consumer always has the right to bring any dispute before the competent court according to the applicable law.
24.2 The Agreements between EV-Box and Customer, these Terms and Conditions are exclusively governed by Dutch law. The applicability of the Convention on Contracts for the International Sale of Goods 1980 is excluded.
1.1 The Subscriptions of EV-Box are activated when Customer chooses a Subscription via the Back Office. The time of activation is considered the date of subscription.
1.2 The Subscription is concluded for a period of one (1) year, that is twelve (12) calendar months, unless agreed otherwise. The subscription can not be canceled during this period. After the first period, the Subscription is renewed for an indefinite period and the Subscription can be canceled per month. Cancellations can be made by sending an email to: firstname.lastname@example.org.
1.3 The applicable rates and the content of the different Subscriptions are available on the EV-Box website: http://www.ev-box.com/products/subscriptions
1.4 Subscriptions are billed annually by EV-Box unless otherwise agreed in writing.
2.1 The Charge Card and Charge Key Fob and the processed (electronical) data using the Charge Card and Charge Key Fob remain property of EV-Box at all times.
2.2 From the time of delivery of the Charge Card and/or Charge Key Fob Customer is liable for all obligations arising from the use of the Charge Card and/or Charge Key Fob. If the Customer no longer meets the obligations under the Agreement and any legal obligations, EV-Box is entitled to withdraw Charge Card and/or Charge Key Fob.
2.3 Customer guarantees EV-Box that the Charge Card and/or Charge Key Fob is not copied or altered in any way, in any form, and Customer indemnifies EV-Box for any use of these copied or altered Charge Card and/or Charge Key Fob. EV-Box is entitled to change the Charge Card and/or Charge Key Fob settings (through its BackOffice). Customer must return the Charge Card and/or Charge Key Fob after termination of the Agreement to EV-Box immediately or after written notification of EV-Box destroy the Charge Card and/or Charge Key Fob.
2.4 If Customer suspects abuse, unauthorized use of the Charge Card and/or Charge Key Fob, Customer must request EV-Box is immediately to block the Charge Card and/or Charge Key Fob at +31 (0) 88 7755 450. EV-Box will block use of the Charge Card and/or Charge Key Fob immediately after receiving the request, unless EV-Box has reasonable doubt that the possibility of suspension of operation is being misused.
2.5 Until the moment the Charge Card and/or Charge Key Fob is blocked the Customer is responsible and liable for any damages resulting from loss, theft or other use of the Charge Card and/or Charge Key Fob.
2.6 Where appropriate EV-Box reserves the right to charge fees for activations and/or providing a new Charge Card and/or Charge Key Fob. Customer will be informed about the chafges in writing by EV-Box.
3.1 EV-Roaming provides Customers with a EV-Box Charge Card and/or Charge Key Fob the possibility to use the EV-Box Network and the Charge Point Network of other Charge Point Operators with whom EV-Box has an agreement with. EV-Box can not guarantee that Customer can use all Charge Points in The Netherlands and abroad through EV-Roaming.
3.2 If the Customer activates EV-Roaming via the Back Office, Customer agrees to the rates of EV-Box and other Charging Point Operators.
3.3 EV-Box is charged by other Charge Point Operators for the Charging Sessions of the Customer with these operators. EV-Box will charge these costs to Customer in full.
3.4 The cost for a Charging Session can include a starting rate, a charge rate for power consumption (kWh) and/or a rate for the duration of the charging Session (for example per minute). These rates can vary with each Charge Point and can be changed without limitations by the Charge Point Operators.
4.1 Unless otherwise indicated Smartphone Apps are provided without charge by EV-Box through its website and various app stores.
4.2 EV-Box does not guarantee that in the context of making available and keeping available the Smartphone Application, these Smartphone Applications will be error-free and will operate without interruption. EV-Box will do its best to repair defects / malfunctions within a reasonable period.
4.3 Maintenance of Smartphone Applications by EV-Box will as far as possible take place outside office hours.
4.4 EV-Box does not guarantee that Smartphone Applications at any time will display the currently available Charging Points in the Network, but will make every effort to ensure it does.
4.5 EV-Box is not liable for failure or improper functioning of Smartphone Applications due to hardware or software running on the Customer's system, whether it be a PC, laptop, tablet or mobile phone. Customer is responsible for the platform on which the Smartphone Spplication is installed meets the system requirements imposed by the application. Article 16 shall apply mutatis mutandis to this article.
5.1 Customers who are not Consumers may activate their EV-Box Charging Point for Guest Use and set a chargeable rate for use.
5.2 Depending on the Subscription Customer can set different types of rates.
5.3 EV-Box reserves the right to restrict the setting of rates to a maximum.
5.4 Customer is responsible for setting the applicable rate for Guest Use. EV-Box is not liable for any damage suffered by the set rate. The limitation of liability include - but is not limited - to situations where the set rate is lower than the current energy costs of the Customer or negative reactions of End-users to the set rates.
5.5 The amount of the total compensation is determined by EV-Box using the Guest use and the set rates.
5.6 The Charge Point Provider receives a credit note showing specifying the compensation to be receive. Payment of the compensation will take place per month and one and half months after the relevant month in which the Guest Use has taken place.
5.7 EV-Box reserves the right to limit payment of the compensation to the Customer actual current energy costs if EV-Box cannot charge the compensation to the other Mobility Service Providers.
Article 1 – Right of Withdrawal
Upon delivery of Products:
1.1 When purchasing Products, a Consumer has the right to dissolve the Distance contract, without giving reasons, during a period of at least 14 days. EV-Box is allowed to ask a consumer for the reason of this dissolution, but the Consumer is under no obligation to state his/her reason(s)
1.2 The period stipulated in clause 1.1 commences on the day after the Product was received by the Consumer, or a third party designated by the Consumer, who is not the transporting party, or:
- a) if the Consumer has ordered several Products: the day on which the Consumer, or a third party designated by the Consumer, received the last Product. EV-Box may refuse a single order for several Products with different delivery dates, provided he clearly informed the Consumer of this prior to the ordering process;
- b) if the delivery of a Product involves different deliveries or parts: the day on which the Consumer, or a third party designated by the Consumer, received the last delivery or the last part;
- c) with contracts for the regular delivery of Products during a given period: the day on which the Consumer, or a third party designated by the consumer, received the last Product.
Upon delivery of services and digital content that is not supplied on a material medium:
1.3 A Consumer has the right to dissolve a Distance contract for the supply of Services or digital content that is not supplied on a material medium during a period of at least fourteen days. EV-Box is allowed to ask a consumer for the reason of this dissolution, but the consumer is under no obligation to state his/her reason(s).
1.4 The period stipulated in clause 1.3 commences on the day after the Distance contract was concluded.
Extended withdrawal period for products, services and digital content that is not supplied on a material medium in the event a consumer was not informed about the right of withdrawal:
1.5 If EV-Box did not provide the Consumer with the statutorily obligatory information about the Right of withdrawal or if the Model form was not provided, the withdrawal period ends twelve months after the end of the originally stipulated withdrawal period based on the previous clauses of this article.
1.6 If EV-Box provided the Consumer with the information referred to in the previous paragraph within twelve months of the commencing date of the original withdrawal period, the withdrawal period shall end 14 days after the day on which the Consumer received the information.
Article 2 - Consumers’ obligations during the withdrawal period
2.1 During the withdrawal period, the Consumer shall treat the Product and its packaging with care. He shall only unpack or use the Product in as far as necessary in order to assess the nature, characteristics and efficacy of the Product. The point of departure here is that the Consumer may only handle and inspect the Product in the same way that he would be allowed in a shop.
2.2 The Consumer is only liable for the Product’s devaluation that is a consequence of his handling the Product other than as permitted in the clause above.
2.3 The Consumer is not liable for the Product’s devaluation if EV-Box did not provide him with all the statutorily obligatory information about the Right of withdrawal before the Distance contract was concluded.
Article 3 - Consumers who exercise their Right of withdrawal and the costs involved
3.1 A Consumer who wants to exercise his Right of withdrawal shall report this to the EV-Box, within the withdrawal period, by means of the Model form for right of withdrawal or in some other unequivocal way.
3.2 As quickly as possible, but no later than 14 days after the day of reporting as referred to in clause 3.1, the Consumer shall return the Product, or hand it over to (a representative of) the EV-Box. This is not necessary if the EV-Box has offered to collect the Product himself. The Consumer will in any case have complied with the time for returning goods if he sends the Product back before the withdrawal period has lapsed.
3.3 The Consumer returns the Product with all relevant accessories, if reasonably possible in the original state and packaging, and in accordance with the reasonable and clear instructions provided by the EV-Box.
3.4 The risk and the burden of proof for exercising the Right of withdrawal correctly and in time rest upon the Consumer.
3.5 The Consumer bears the direct costs of returning the Product. If the EV-Box has not declared that the Consumer shall bear these costs or if the EV-Box indicates a willingness to bear these costs himself, then the Consumer shall not be liable to bear the costs of returning Products.
3.6 If the Consumer exercises his Right of withdrawal, after first explicitly having asked that the Service provided or the delivery of gas, water or electricity not prepared for sale shall be implemented in a limited volume or a given quantity during the period of withdrawal, the Consumer shall owe the EV-Box a sum of money that is equivalent to that proportion of the contract that the EV-Box has fulfilled at the moment of withdrawal, in comparison with fulfilling the contract entirely.
3.7 The Consumer shall bear no costs for implementing services or the supply of water, gas or electricity not prepared for sale – in a limited volume or quantity – or for delivering city central heating, if:
- a) EV-Box did not provide the Consumer with the statutorily obligatory information about the right of withdrawal, the costs payable in the event of withdrawal or the Model form for right of withdrawal, or:
- b) the Consumer did not explicitly ask about the commencement of implementing the service or the delivery of gas, water, electricity or city central heating during the period of withdrawal.
- c) The Consumer shall bear no costs for the entire or partial supply of digital content that is not supplied on a material medium, if:
- i) prior to delivery, he did not explicitly agree to commencing fulfilment of the contract before the end of the period of withdrawal;
- ii) he did not acknowledge having lost his Right of withdrawal upon granting his permission; or
- iii) the EV-Box neglected to confirm this statement made by the consumer.
- iv) If a Consumer exercises his Right of withdrawal, all supplementary agreements are legally dissolved.
Article 4 - EV-Boxs’ obligations in a case of withdrawal
4.1 If the EV-Box makes it possible for a Consumer to declare his withdrawal via electronic means, then after receiving such a declaration, he sends immediate confirmation of receipt.
4.2 EV-Box reimburses the Consumer immediately with all payments, including any delivery costs EV-Box charged for the returned Product, though at the latest within 14 days after the day on which the Consumer reported the withdrawal. Except in cases in which the EV-Box has offered to retrieve the Product himself, he can postpone refunding until he has received the Product or until the consumer proves he has returned the Product, depending on which occurs earlier.
4.3 For any reimbursement, EV-Box will use the same payment method that was initially used by the Consumer, unless the Consumer agrees to another method. Reimbursement is free of charge for the Consumer.
4.4 If the Consumer chose an expensive method of delivery in preference to the cheapest standard delivery, the EV-Box does not have to refund the additional costs of the more expensive method.
Article 5 – Precluding the Right of Withdrawal
5.1 EV-Box can preclude the Right of withdrawal for the following Products and Services, but only if the EV-Box stated this clearly when making the offer, or at least in good time prior to conclusion of the contract:
5.2 Products or Services whose prices are subject to fluctuations on the financial market over which the EV-Box has no influence and which can occur within the period of withdrawal;
5.3 Service contracts, after full completion of the service, but only if:
- a) implementation started with the explicit prior agreement of the Consumer; and
- b) the Consumer declared having lost his Right or withdrawal as soon as the EV-Box had completed the contract in full;
- c) Products manufactured according to the Consumer’s specifications, which were not prefabricated and were made based on a Consumer’s specific choice or decision, or which are clearly intended for a specific person;
- d) Sealed products that, for reasons relating to the protection of health or hygiene, are unsuited to returning and whose seal was broken subsequent to delivery;
- e) Sealed products that, for reasons relating to the protection of health or hygiene, are unsuited to returning and whose seal was broken subsequent to delivery;
- f) Products that, due to their nature, have been irretrievably mixed with other products;
- g) Sealed audio/video-recordings and computer apparatus whose seal was broken after delivery;
- h) The delivery of digital content other than on a material medium, but only if:
- i) the delivery commenced with the Consumer’s explicit prior agreement; and
- ii) the Consumer declared that this implied his having lost his right of withdrawal.
(this form should only be completed and returned if you want to withdraw from the contract)
To: EV-Box B.V.
Pedro de Medinalaan 31
1086 XP Amsterdam
I/we* herewith inform you that, in respect of our contract regarding
The sale of the following products: [description of the product}*
The delivery of the following digital content: [description of the digital content]*
The supply of the following service: [description of the service]*
I/we* exercise our right of withdrawal.
– Ordered on*/received on* [date of ordering services or receiving goods]
– [Consumer(s)’ name]
– [Consumer(s)’ address]
– [Consumer(s)’ signature] (only if this form is submitted on paper)
*Delete or provide supplementary information, as applicable.
You can download the offline version of our Terms and Conditions here.