General Terms and Conditions of WIRELANE GmbH
A. INTRODUCTORY PROVISIONS
1. SUBJECT MATTER
- 1.1 On its website www.wirelane.com WIRELANE GmbH (“WIRELANE”) operates a portal (“Portal”) through which customers can use certain WIRELANE services (“Services”) free of charge and purchase charging stations (Ladestationen), RFID cards and other products sold by WIRELANE (“Products”).
- 1.2 These General Terms and Conditions (“GTCs”) govern the registration on the Portal and the customers’ use of the Services and their purchase of Products.
- 1.3 The offer applies to private use by the consumer. A consumer is a natural person who purchases a product or service for purposes that cannot be attributed primarily to that person’s trade or independent professional work.
- 2.1 The customer may complete his or her one-time registration by entering certain data on the Portal of WIRELANE at https://backoffice.wirelane.com/en/register and may create his or her own login data (username and password). WIRELANE will prescribe the requirements for user names and passwords at the time of registration.
- 2.2 There is no right to registration. WIRELANE reserves the right to reject registrations (e.g., when the customer is behind in his or her payments owed to WIRELANE).
- 2.3 After a successful registration, the customer will be given a customer number and a user account.
3. TERMINATION / DELETION
- 3.1 WIRELANE may terminate the user account at any time upon providing 30 days’ notice to the end of a given month.
- 3.2 The customer may terminate his user account at any time by deleting it.
- 3.3 Both parties retain the right to terminate the user account for good cause (aus wichtigem Grund).
This Part B (clauses 4 through 7) applies exclusively to the Services.
4. PRECONDITION OF USE
- Precondition for using the Services is that the customer successfully registers on the Portal and has a user account.
5. CONTENT OF SERVICES
- 5.1 The Services allow the customer, on the Portal, (i) to search for charging stations, (ii) to filter charging stations, (iii) to tag charging stations as favorites, and (iv) to view a history of charging processes.
- 5.2 The Services are made available to the customer free of charge.
6. WIRELANE APP
- 6.1 After the successful registration, the customer may acquire, free of charge, an app that allows the customer (i) to search for charging stations, (ii) to filter charging stations, (iii) to tag charging station as favorites, (iv) to reserve charging stations pursuant to clauses 6.2 and 7, (v) to start and stop a charging processes at a charging station, (vi) to pay for a charging transaction, (vii) to order RFID cards, and (viii) to view a history of charging transactions.
- 6.2 The customer may reserve only one charging station for the respective charging transaction period.
7. CHARGING STATIONS
- In some cases, the charging stations may be made available by a third-party operator. Thus, the terms and conditions of the third-party operator may apply where appropriate. The customer will be informed of this fact at the time the reservation is made.
This Part C (clauses 8 through 13) applies exclusively to the purchase of the Products.
8. OFFERS AND FORMATION CONTRACT
- 8.1 The customers may purchase the Products regardless of whether or not he or she has registered on the Portal.
- 8.2 The Product descriptions on the Portal serve merely to inform the customer and do not constitute a binding offer from WIRELANE.
- 8.3 In order to purchase a Product, the customer must first select the desired Product on the Portal. The customer will then provide his or her personal data (name, address, email address and data, information for handling payment). Thereafter, the customer will be afforded an opportunity to review all information one more time and, if necessary, make corrections. The customer may correct entry errors by simply pressing the “back” (“zurück”) button before clicking the “complete binding order” button (“Zahlungspflichtig bestellen”). By clicking the “complete binding order” button, the customer is formally making an offer to conclude a contract. The customer will be bound by his or her offer for a period of ten days after WIRELANE receives the purchase order.
- 8.4 After placing the purchase order, the customer will receive via email an acknowledgement that the purchase order was received. This order placement acknowledgement and any subsequent status reports do not yet constitute WIRELANE’s acceptance of the offer but are instead intended merely to inform the customer. The contract will be formed if and when WIRELINE sends the customer an order confirmation via email within ten days following receipt of the purchase order or it delivers the ordered products and notifies the customer thereof via email. If payment is made using a method that allows for immediate payment, then the contract will have been already formed when the customer placed the purchase order.
- 8.5 WIRELANE reserves the right to review a purchase order in advance and/or, at its own discretion, to accept the purchase order or to reject it without providing any reasons and without assuming any liability vis-à-vis the customer (e.g., if Products are exhibited in the Portal but are not available, or if it is known or presumed that the purchase order was placed through the use of software, robots, web crawlers, spiders or other automated means or devices).
- 8.6 If the customer has a user account, then the purchase order will be stored by WIRELANE in the user account. In the user account, the customer may view, store and print out the purchase order. If the customer does not have a user account, then the purchase order may not be stored by WIRELANE and may no longer be retrieved, viewed or stored by the customer after the contract is formed. The purchase order data and the GTCs (including the Information concerning the Consumer’s Right of Withdrawal) may be viewed again, however, in the purchase order confirmation and may be printed there in a file format.
9. CUSTOMER RIGHT OF WITHDRAWAL
The customer is entitled to the following right of withdrawal (Widerrufsrecht):
Information concerning the Right of Withdrawal
Right of withdrawal
You have the right to withdraw from this contract within fourteen (14) days without giving any reason.
The withdrawal period will expire after fourteen (14) days from the day on which you or a third party, whom you have designated and who is not the carrier, has taken possession of the goods.
To exercise your right of withdrawal, you must inform us (WIRELANE GmbH, Dudweiler Str. 56, 66111 Saarbrücken, Germany, Telephone: +49 (0)681 992788 0; Telefax: +49 (0)681 992788 10; Email: email@example.com) of your decision to withdraw from this contract and do so by making an unequivocal declaration (e.g. a letter sent by post, fax or email). For this purpose, you may use the attached model withdrawal form, but it is not obligatory.
You may also fill-out and transmit electronically the model withdrawal form or another unequivocal declaration by going on to our website [www.wirelane.com/de/] If you take advantage of this opportunity, then we will send you without undue delay (e.g., per email) a confirmation about our receipt of any such withdrawal.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, then we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen (14) days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same method of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may refuse to make a reimbursement payment until we have received the returned goods or until you have proven that the goods were sent back, whatever point of time is earlier.
You must return or physically deliver to us the goods without undue delay and in any case no later than fourteen (14) days from the day on which you notified us about the withdrawal from this contract. The deadline will be met if you ship (dispatch) the goods before the fourteen (14) days have expired.
We shall bear the costs of returning the goods.
You are responsible for compensating for any loss in the value of the goods, but only if the loss in value is attributable to your handling the goods in a manner that was not required for purposes of inspecting the condition, qualities and functionality of the goods.
Model Withdrawal Form
(If you wish to withdraw from the contract, please fill out this form and return it.)
– To: WIRELANE GmbH, Dudweiler Str. 56, 66111 Saarbrücken, Germany, Telephone: +49 (0)681 992788 0, Telefax: +49 (0)681 992788 10, E-Mail: firstname.lastname@example.org
– I/we (*) hereby withdraw from the contract that I/we (*) concluded and that relates to the purchase of the following goods (*) / the performance of the following service (*)
– Ordered on (*) / received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if notice given in hard copy)
– Date (*) strike what is irrelevant
- 10.1 The customer may view the prices on the Portal.
- 10.2 The prices are listed in euro (EUR) and include the statutory value added tax and packaging costs. Any shipping costs to be borne by the customer shall be separately itemized.
- 10.3 To make payments, the customer may select a payment method shown in the Portal (e.g., credit card payment, SEPA direct debits). In those cases, the general terms and conditions of the respective payment service provider may apply where appropriate.
11. DELIVERY, RETENTION OF TITLE
- 11.1 Delivery shall be made to the address that the customer indicated in the purchase order (delivery address).
- 11.2 The delivery period will be no more than thirty days from the date that the contract was formed.
- 11.3 WIRELANE may make instalment deliveries to the extent that such deliveries would be reasonable and acceptable for the customer, specifically if the delivery of the remaining ordered Products is ensured and the customer does not thereby incur any significant additional efforts or expenses. Each instalment delivery may be separately invoiced.
- 11.4 Until the purchase price is fully paid, WIRELANE shall retain title to the delivered products.
12. DEFECT REMEDIES
In case of defects, the customer will be entitled to the statutory warranty rights.
13. NOTICE REGARDING INSTALLATION
The customer is responsible for installing the charging stations. The customer will perform the installation at its own expense.
D. FINAL PROVISIONS
- 14.1 Subject to clause 14.2 below, WIRELANE shall not be liable to the customer for compensation of any damages and expenses, regardless of its legal basis (contract, tortious act, breach of contractual obligations indemnity, etc.).
- 14.2 The exclusion of liability under clause 14.1 shall not apply (i) to the issuance of a guarantee, to any liability based on the Product Liability Act, in cases involving intentional acts or omissions (Vorsatz), fraud (Arglist) or gross negligence (grobe Fahrlässigkeit), if there has been an injury to life, body and health, and (ii) if there has been a breach of essential contractual obligations (wesentlicher Vertragspflichten), which are those duties, the very performance of which renders the implementation of the contract even possible and the compliance with which is a fact upon which the customer routinely relies and should be allowed to rely. For any simple negligent breach (leicht fahrlässigen Verletzung) of material contractual duties, the liability of WIRELANE will be limited, however, to compensation of the foreseeable damages that are typical for that contract type (vertragstypisch, vorhersehbare Schäden)
- 14.3 WIRELANE will be liable for the loss of data (i) only in accordance with the preceding limitations of liability and (ii) only if the loss was also unavoidable even with the customer taking reasonable data security measures.
- 14.4 To the extent that WIRELANE’s liability is excluded or limited pursuant to the preceding clauses, such exclusions and limitations of liability shall also apply to the personal liability of WIRELANE’s agents, representatives or employees.
15. INFORMATION REGARDING WIRELANE
Prinzregentenplatz 15, 81675 München
Telephone: +49 (0)681 992788 0
Telefax: +49 (0)681 992788 10
Registered place of business: Saarbrücken
Court of registration: Munich, HRB 225921
Managing Director: Constantin Schwaab
- 16.1 The laws of the Federal Republic of Germany shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). If, however, the laws of the country, in which the customer has his or her habitual abode, grant mandatory consumer protection rights that apply to the customer and are more favorable than German law, then the customer may still enforce those more favorable consumer protection rights..
- 16.2 WIRELANE is neither willing nor obligated to participate in any dispute resolution proceedings before a consumer arbitration office (Verbraucherschlichtungsstelle) pursuant to of the German Consumer Dispute Resolution Act (VSBG).
- 16.3 If any provisions of these GTCs are or become unenforceable, then the enforceability of the other provisions under these GTCs will not be affected thereby.