Allgemeine Geschäftsbedingungen

CLEVER's terms and conditions of sale

Date of entry: 1st of July 2014

 

1 The parties

This agreement is entered into by the customer ("Customer" or "you") and CLEVER A/S, company registration (CVR) no 32 46 83 49, Støberigade 14, 3rd floor, 2450 Copenhagen SV ("CLEVER"). The parties have rights and obligations under the agreement.

 

2 Scope

These terms and conditions apply to CLEVER's agreements for the sale of charging boxes, charging units, charging stations ("Charging Equipment") or other equipment and for any installation in relation to the purchase of such equipment. The terms and conditions also apply to CLEVER's agreement for the sale of pre-paid charging cards. Deviations from these terms and conditions must be agreed in writing to be in force. Any agreement will specify the subject-matter of the relevant agreement.

 

3 Conclusion of the Agreement

 

3.1 Registration and processing of information:

A. When an agreement is entered into, private customers must state their name, official address and an e-mail address.

 

B. If the Customer is a legal person/undertaking, including sole trading businesses, information about the undertaking's name, address, corporate form and company registration (CVR) number and an e-mail address must be provided when the agreement is entered into. In connection with the installation of Charging Equipment an installation address (es) must also be provided.

 

In case of an electronic order CLEVER will forward an order confirmation and invoice (the same document). The agreement is not deemed to have been entered into until an order confirmation has been forwarded by e-mail.

 

Information in relation to orders will be processed as stated in CLEVER's privacy policy. Click here to read more www.clever.dk/privacypolicy.

 

3.2 Right of cancellation:

The rules on right of cancellation in the Danish Act on Consumer Transactions apply to private customers (consumers) who have placed an order via CLEVER's website. These provisions do not apply if the order (i) is placed when the Customer attends CLEVER's place of business or (ii) is placed by a trader.

 

As a consumer you are entitled to cancel the agreement without having to provide a reason within 14 days from the day

-       on which you or a third party designated by you, but not the carrier, take actual possession of the products (purchase of goods).

-       on which the agreement about delivery of a service was concluded (services).

 

In case of different products which are part of the same order but are to be delivered one by one (ie separate delivery) the cooling-off period expires 14 days after the day on which you or a third party designated by you, but not the carrier, takes actual possession of the final product.

 

Exercise of the right of cancellation

 

In order to exercise the right of cancellation you must give us notice of your decision to cancel this agreement in an unambiguous declaration (for example by letter sent by mail, fax or e-mail). The cooling-off period has been observed if you send your notice of exercise of the right of cancellation before the expiry of the cooling-off period.

 

Consequences of a cancellation

 

You must return the goods without undue delay and no later than 14 days from the date on which you informed us of the exercise of the right of cancellation of the agreement. The time-limit has been observed if you return the product before the expiry of the 14 days.

 

The goods must be returned to:

 

CLEVER A/S

Støberigade 14, 3rd floor

2450 Copenhagen SV
Denmark

 

In relation to any return please ensure that the products have been properly packed. You are liable for the package/the products until we receive it. Save your postal receipt and any track and trace number.

 

You must pay the costs of the return of the product when you cancel the sale.

 

Please note: We do not accept parcels sent COD.

 

Repayment

 

If you exercise your right of cancellation, we will refund all payments received from you, including delivery costs (but not any additional costs as a consequence of your own choice of another type of delivery than the cheapest type of standard delivery which we offer) without undue delay and in any circumstance no later than 14 days from the date on which we received notice of your decision to cancel this agreement. We carry out the repayment using the same mean of payment - if possible - that you used in the original transaction unless you have expressly accepted another method. In any circumstance you will not be subject to any fees as a consequence of the repayment.

 

If you wish that delivery of services is to be commenced before the expiry of the cooling-of period, you must pay us an amount proportionate to the scope of the services delivered until the time at which you informed us of your exercise of the right of cancellation of the agreement compared to complete performance of the agreement.

 

NOTE!
You are only liable for any impairment of the value of the products that is due to other handling than what is necessary in order to establish the nature and properties of the products as well as their mode of operation.

 

The receipt must be enclosed with the product to be returned. If only a part of the products delivered is returned, this must be indicated clearly on the receipt.

 

4  Delivery

CLEVER delivers to any address in Denmark. Postal charges in Denmark and any insurance are stated in the price list applicable at any time. Postal charges for sending pre-paid charging cards to addresses outside Denmark are stated on the price list applicable at any time. Please contact CLEVER in respect of products to be sent to addresses outside Denmark. Delivery in Denmark will normally take place within 3 days.

 

5 Provisions applicable for installation of Charging Equipment 

If the parties have agreed that CLEVER is to install the Charging Equipment, the following applies to installation and connection of Charging Equipment:

 

The Customer may select various installation options, including a standard installation, and decide the time of installation. The elements of a standard installation is specified on CLEVER's website: www.CLEVER.dk.

 

If the Customer wishes that the Charging Equipment be installed in another place than suggested by CLEVER, CLEVER will comply with this if it is possible and against payment of the related costs. If the Customer wishes an extended connection with other elements than contained in the standard installation, CLEVER will carry out such connection against separate payment. The Customer will receive a quotation before the work is commenced.

 

If the Customer and CLEVER have agreed on an individual connection of the Charging Equipment, the special provisions agreed in the order confirmation will apply in addition to these terms and conditions.

 

The Customer or the Customer's representative must be present at the time of installation and ensure that CLEVER has unobstructed access to the installation of the combination relay, routing and connection of the Charging Equipment. If CLEVER does not have unobstructed access at the agreed time of delivery, CLEVER is entitled to invoice the Customer in accordance with the current price list. Any change of the time of installation must be made at least 3 work days before the agreed or fixed time of installation and notice must be given in writing to CLEVER at kundeservice@clever.dk with reference to the order number.

 

The Customer provides for repairs of the building such as painting, rendering and paper-hanging or restorations according to construction regulations which are a necessary consequence of making the installations.

 

6 Provisions applicable for to pre-paid charging cards

If the parties have made an agreement about pre-paid charging cards to be used in charging units in the public domain in Denmark, one or more charging cards will be issued which entitles the Customer to charge an electric vehicle in public on all charging units belonging to CLEVER or a third party with which CLEVER has entered into an agreement and to which an identification module has been connected.

 

Your pre-paid kWh on the charging card may be used in the 12 months from the time of the agreement and they will expire after such time.

 

The charging unit may only be used for charging of electric vehicles of the type which is approved by CLEVER and you may only use your charging card for charging of the electric vehicle following from your order confirmation. The charging units must not be subjected to corrective action and no adapters etc must be added to the charging unit which are not approved in writing by CLEVER.

 

Pre-paid charging cards may only be purchased and used by Customers residing outside Denmark and will only be sent to addresses abroad. The pre-paid charging card is personal and may only be used for the cars approved by CLEVER.

 

The Customer is liable for the safe-keeping of the card(s). The Customer must destroy or return a damaged charging card to CLEVER. CLEVER replaces damaged charging cards against payment. If a code is used in connection with the charging card, CLEVER will send the charging card code information to the address provided and registered  in relation to the Customer. For safety reasons codes will not be supplied by telephone.

 

CLEVER is not liable for losses due to a lost, damaged or otherwise defective charging card. The charging card belongs to CLEVER and must be destroyed or returned if required by CLEVER including at the termination of the agreement. Interference, copying etc of the charging card is not allowed by others than CLEVER.

 

Under the Danish Act on subscribed services CLEVER is liable for any loss due to another person's unauthorised use of the charging card unless the Customer has acted fraudulently or deliberately omitted to meet the obligations of these terms and conditions. If the Customer loses the charging card, the Customer must call + 45 86 16 88 88 immediately in order to have the charging card blocked to avoid unauthorised use. CLEVER may require a written confirmation from the Customer in relation to the blocking and in case of theft CLEVER may also require that the Customer reports the incident to the police.

 

7  Prices and payment

All prices are stated on the price list applicable at any time. The price list can be found on www.CLEVER.dk. We are not responsible for any misprints and wrongly stated prices and any product is subject to availability.

 

Payment may be made by means of the most common payment and credit cards and is made in DKK. Any charges which the credit card issuers charge with CLEVER will be added to our prices. The price of any order will not be withdrawn from the Customer's account until the products have been sent from the warehouse.

 

8 Defects and the right to claim compensation

The products will be defective if they do not comply with the description accompanying the product (the instruction manual) or following from CLEVER's website. The products may only be used in compliance with the instruction manual. The Charging Equipment may be used for the charging of electric vehicles of the type(s) and with the amperage stated in the order confirmation from CLEVER. In case of the Customer's change to another electric vehicle the Customer must contact CLEVER in order to clarify if the Charging Equipment requires replacing. If the Charging Equipment is used for charging electric vehicles of another type and/or with another amperage than that which is stated on the order confirmation from CLEVER, the Customer is liable for any damage to the Charging Equipment and/or the electric vehicle.

 

Under the rules of the Danish Sale of Goods Act consumers must claim compensation no later than 2 years from the time of sending of the products. Traders must claim compensation within 1 year. Complaints must be made within a reasonable time and in respect of consumers no later than 2 months after the defect is or should have been discovered. In case of damage incurred in transit the Customer must complain to the carrier or CLEVER within 7 days from delivery.

 

In case of products which have been reported faulty and in which case the faults have not been described or are due to events for which CLEVER is not liable, CLEVER will claim payment based on time spent. The price for this service is stated on the price list applicable at any time.

 

9 Liability

The parties are liable under the general rules of Danish law, but with the restrictions below:

 

CLEVER is not liable in damages for indirect losses, loss of profit, loss of data, loss of production, loss as a consequence of the lapse, breach etc of an agreement with a third party. CLEVER is not liable for errors, breakdowns, interruptions, quality of the current etc that may be attributed to other suppliers, including suppliers of electricity, producers or service providers. Clever is also not liable for damage or loss that the Customer may suffer and that may be related to user errors, including but not limited to erroneous charging, virus etc.

 

CLEVER is not obligated to fulfil the agreement if this is prevented by circumstances beyond CLEVER's control, including, but not limited to, fires, war, military actions, riots, strikes, lock-outs, natural disasters, including strokes of lightening and floods, material interruptions or disruptions of technical and IT systems that CLEVER could not have avoided or overcome without unreasonable costs or that could not have been taken into consideration at the conclusion of the agreement.

 

10 Customer services

Customer services may be contacted on tel + 45 82 30 30 30. E-mails to customer services may be sent to kundeservice@CLEVER.dk. Inquiries in writing must be sent to CLEVER A/S, Støberigade 14, 3rd floor 2450 Copenhagen SV, Denmark. Customer services may also be contacted if the Customer wishes to complain.

 

Price list

Delivery charge - charging cable DKK 195.00

Delivery charge - charging equipment DKK 295.00

Delivery charge in respect of isles with no bridge DKK 595.00

Price per metre of cable in excess of 10 metres in relation to installation of charging equipment DKK 337.50

Hourly rate in relation to fault finding in connection with faults which cannot be attributed to CLEVER DKK 495.00

Delivery charges for deliveries outside Denmark As agreed

Reminder fee DKK 100.00 + interest

Fee for an unsuccessful visit by a technician DKK 1,495.00

Fee for fault clearance of charging equipment outside normal working hours plus actual costs DKK 495.00

Price per hour for a technician in connection with customer faults (the Customer's own fault) DKK 795.00

Surcharge for transport to Danish isles with no bridge or outside Denmark Actual costs

Fee for ordering charging cards by telephone DKK 195.00

Fee for express delivery outside Denmark DKK 195.00

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