GENERAL TERMS AND CONDITIONS OF SALE FOR EVZEN SERVICES
ARTICLE 1 – PURPOSE
These general terms and conditions of sale for EVzen services (hereinafter the 'GTCS') apply exclusively to drivers of electric vehicles who use the services of the company SMEG Développement (' SMEG Développement ') to recharge their vehicle using a means of access and payment provided by SMEG Développement (the ' Customers ') through its websites, web applications, and mobile applications (the 'Sites'). They set out the rights and obligations of each party, in the context of the use of the electric charging services offered by SMEG Développement (the ' Services ').
On the other hand, these GTCS do not apply to the electric vehicle charging infrastructure operator services offered by SMEG Développement to the owners of publicly accessible car parks that are likely to host EVzen IRVEs.
SMEG Développement reserves the right to unilaterally modify the content of these GTCS at any time, in order to comply with any new regulations or to improve the use of its Services.
Together with the GTCU and the Personal Data Protection Policy, these GTCS constitute the contract between SMEG Développement and the Customer (the ' Contract ').
ARTICLE 2 – LEGAL INFORMATION
ARTICLE 3 – SERVICES
The Services are the electric vehicle charging services which appear on the Sites published by SMEG Développement.
SMEG Développement reserves the right to modify the Services at any time.
The photographs used to present the Services are not of a contractual nature ; they are as accurate as possible but are not binding upon SMEG Développement in any way.
Use of the Services requires the Customer to open an online account, which contains a detailed list of the transactions carried out by the Customer, which may be consulted in a personal online space accessed using identifiers such as an email address and a password.
ARTICLE 4 – CUSTOMER ACCOUNT
Opening an account
The Customer opens an Account by providing at least a valid email address and a password. Where the Services used require a physical object, such as an RFID badge, to be sent by post, a postal address is also required.
The Customer may also open a Temporary Account when they wish to use the Services without prior identification and on an ad hoc basis.
The Customer declares that he/she has read and understood these General terms and conditions of sale before opening an Account or a Temporary Account. Opening an account of any kind implies unreserved acceptance of these GTCS.
Withdrawal when opening an account
Customers who are individuals and who are acting for purposes that do not fall within the scope of their professional activities have a right of withdrawal within 7 days after the date on which any account is opened.
Customers wishing to exercise their right of withdrawal must send SMEG Développement's customer service department the standard withdrawal form by registered letter with acknowledgement of receipt (see Annex 1 - Withdrawal form). Any costs to return physical objects, in particular the RFID badge, shall be borne by the Customer. The Customer shall be reimbursed for the RFID badge upon its receitp by SMEG Développement.
However, the Customer may not exercise his/her right of withdrawal if he/she has already used a Service offered by SMEG Développement before the end of the withdrawal period
Duration and termination
There is no time limit for Accounts. Customers wishing to cancel their account may do so by registered letter with acknowledgement of receipt or by email to the customer service department.
The duration of Temporary Accounts is limited to the one-off use of the Services by the Customer on this account.
SMEG Développement reserves the right to suspend or terminate any account in the event of late payment or non-payment.
Reimbursement
In the event of a request for reimbursement of any credit existing on an account, the request must be sent by email to support@evzen.com, accompanied by bank account details. The request shall be processed within 60 days, with this period allowing SMEG Développement to check any consumption of paid Services that may not have been settled by the date of the reimbursement request. The remaining balance shall be reimbursed by bank transfer to the account indicated on the bank details form.
ARTICLE 5 – RFID BADGE
An RFID badge can be purchased and linked to a Customer's account. It is valid for an unlimited period.
In the event of a malfunction or malfunction caused by normal wear and tear, the badge shall be replaced free of charge, on request, after the defective badge has been returned by post at the Customer's expense. If it is found that the badge is not defective or has been abnormally used or damaged, the replacement shall be invoiced at the price of a new badge, according to the rate in force (see Article 6 - Rates).
ARTICLE 6 – Rates
Only the rates for the Services displayed on the Sites are binding. SMEG Développement shall not be bound by the conditions and rates published by third parties concerning the Services offered by SMEG Développement.
The rates shown on the Sites are in Euros (€) and include all taxes.
SMEG Développement reserves the right to modify its rates at any time and without prior notice, it being understood, however, that the rates shown on the Sites on the day an order is placed shall be the only rates applicable to the Customer. It is the Customer's responsibility to check the rates on the Sites before using the Services.
ARTICLE 7 – TERMS AND CONDITIONS OF PAYMENT
Use of the Services is invoiced to the Customer via an invoice in electricity format, sent to the Customer's email address. If the Customer has an Account, each invoice is also accessible on their personal online area.
Invoices must be paid within 15 days of the date of issue, unless otherwise stated on the invoice.
The rates are payable by payment card:
- For Customers with an Account : at the end of each transaction carried out via their account
- For Customers with a Temporary Account : at the end of the one-off use of the Services via their account
ARTICLE 8 – PROCESSING OF PERSONAL DATA
ARTICLE 9 – LIABILITY
Use of the Services
The Client is solely responsible for his use of the Services and for the direct and indirect consequences of such use.
It is the Client's responsibility to use the Services as intended, i.e., by connecting an electric vehicle approved in France or the country in question to the charging service via a cable that complies with the regulations in force.
SMEG Développement reserves the right to suspend or terminate any account of Clients who fail to comply with the provisions of the Contract.
Disclaimer
SMEG Développement shall not be held responsible for the non-functioning, inaccessibility, or malfunctioning of the services provided by the Client's internet service provider.
SMEG Développement shall not be responsible for the content of external links to Sites managed by third parties.
Under no circumstances shall SMEG Développement be held responsible for any damage, direct or indirect, of any nature whatsoever, resulting from the use of the Services. SMEG Développement may only be held liable for proven fault and for direct and foreseeable damage caused exclusively by a breach of its obligations.
SMEG Développement does not guarantee the availability of the Services or of the EVCI to which the Services give access. SMEG Développement shall not be held responsible for anything that may arise from misuse or malfunction of the EVCI. The same shall apply to the EVCI's environment, such as, but not limited to, the power supply to the charging infrastructure, the charging cable, and the vehicle. SMEG Développement shall not be responsible for any damage, deterioration, or theft of the Client's charging cables or vehicles.
Force majeure
SMEG Développement shall not be held responsible in the event of force majeure.
ARTICLE 10 – CLIENT SERVICE
For any request for help or assistance, the Client may contact SMEG Développement's Client Service department, which will do its best to respond within an acceptable timeframe.
Client Service can be contacted on the following numbers:
SMEG Development
EVzen Client Service
C/o SMEG, 10 avenue de Fontvieille 98000 Monaco, MONACO
Contact: support@evzen.com
Phone: 09 69 39 09 03
ARTICLE 11 – DISPUTES
These GTC are governed by Monegasque law.
In the event of a dispute, the Parties shall endeavour to settle any disputes that may arise between them amicably.
If no amicable solution is found, the competent courts shall be:
- In the case of a Client who is an individual acting for his own personal needs, the courts of the place of residence of the Client who is an individual acting for his own personal needs
- In the case of a Client who is a business, the courts of Monaco.
ARTICLE 12 – MANAGEMENT ON BEHALF OF THIRD PARTIES
For charging performed on certain networks, SMEG collects the revenue in the name of and on behalf of third parties, for which it has a management mandate.
Under the terms of its mandate, SMEG is authorised to carry out the following operations:
- Bill Clients for access to the EVCI under the conditions defined by the Principal
- Collect the revenue due for this access from Clients
- Collect the revenue paid
- Reimburse wrongly collected revenue
- Collect any outstanding payments from Clients
- Pay the collected revenue collected to the Managing Agent.
In particular, SMEG has a management mandate from the following local authorities:
- The Métropole Aix-Marseille-Provence for its larecharge network
- The Syndicat Mixte d'Energie du Département des Bouches-du-Rhône and the Communauté de Communes Vallée des Baux-Alpilles for their shared Simone network.