General Terms&Conditions for the Sale of an Electric Vehicle Charger for Private and Business Customers

Valid as of: 01.01.2023

1. GENERAL PROVISIONS

1.1. If you buy an electric car charger from the website of Multicharge OÜ (hereinafter VOOL) www.vool.com, you as a client (hereinafter the Client) are bound by these general terms and conditions (hereinafter the Terms). These Terms together with the information and conditions contained in the purchase order and website (product purchased together with specifications, price, payment terms, delivery terms etc.) form an integral agreement (hereinafter the Agreement) between VOOL and the Client.

1.2. These Terms, privacy policy and prices are subject to change from time to time. Therefore, before making a purchase, make sure that you have reviewed the latest terms of sale and prices valid at the moment of placing the order.

2. MAKING A PURCHASE

2.1. VOOL Devices can be purchased from the web shop by any natural or legal persons residing or established in the European Union.

2.2. The products (hereinafter the Device) sold on the website of VOOL have features described on the website and include the software and other digital components if advertised so.

2.3. An Agreement is concluded after the Client has made the payment (full or partly payment as required at the web shop) or has concluded an agreement for financing the device with the creditor. The ownership of the Device is transferred to the Client after the payment has been made in full (reservation of title).

2.4. Once the Client has placed the order, VOOL will send you the confirmation of receipt of the order on the email address provided by the Client.

2.5. If the Client has made the payment partly (including the presales) VOOL will inform the Client once the Device is ready for shipment and asks the Client to make the final payment or sign credit agreement with the client’s financial partner. VOOL will ship the Device when the payment is received, or credit agreement is signed.

2.6. If VOOL is unable to fulfil the order and sell the Device for any reason, we will submit the withdrawal application to the Client´s email address and return the total paid purchase amount within 14 calendar days at the latest. VOOL shall refund the sum using the same payment method that the Client used for the payment unless the Client has given consent to a different payment method to be used.

3. DELIVERY OF THE DEVICE

3.1. VOOL will ship the Device to the Client directly using third party partners and it will be Client’s responsibility to have it installed by a certified electrician following the installation instructions and requirements provided by VOOL.

3.2. The Client is solely responsible for ensuring that it has all the necessary permits, approvals, consents and other necessary documents (including building notice/building permit, consent of the apartment association, etc.) and that all the necessary preparatory work for the installation of the Device has been carried out. VOOL is not responsible for unsuitability of the Device for the use in Client´s location.

3.3. The Client undertakes to check the visual condition and defects of the Device (including the condition of the packaging) once the shipment has arrived before accepting the Device. VOOL should be informed immediately of any problems and shortcomings of the Device.

4. WITHDRAWAL FROM THE CONTRACT

4.1. VOOL has the right to cancel the Agreement extraordinarily if the Client significantly violates the obligations arising from the Agreement, including the obligation to pay for the Device.

Withdrawal for legal persons

4.2. The Client has the right to withdraw from the Agreement before the delivery of the Device without giving a reason.

Withdrawal for natural persons (consumers)

4.3. The Client who is a natural person (i.e., consumer) and has bought the Device from a web shop may additionally withdraw from the Agreement without giving a reason within 14 (fourteen) days after the delivery of the Device to the Client.

4.4. To withdraw from the order/Agreement, the Client must send a message expressing the wish to withdraw to the e-mail address [email protected] and provide information about the order (order number, name of the purchaser etc.). The withdrawal does not affect the financing agreement concluded between the Client and the financer.

4.5. The Client must stop using the Device immediately after submitting the withdrawal notice. The Client must follow VOOL's instructions for packing and transporting the Device in order to ensure the preservation of the Device and its original packaging until the Device reaches VOOL.

4.6. The Device must be returned no later than in 14 (fourteen) days after the day, when the Client notified VOOL of withdrawal from the Agreement. VOOL gives instructions to the Client, where and how the Device must be returned. The Device must be removed by a qualified electrician if it has been installed.

4.7. Upon withdrawal from the Agreement, VOOL shall return the payments made for the Device to the Client without delay, but no later than 14 (fourteen) days after the returned Device has reached VOOL and there is no basis to reduce or settle the amount to be returned according to clause 4.10 of the Agreement. VOOL shall refund the sum using the same payment method that the Client used for the payment unless the Client has given consent to a different payment method to be used. VOOL has the right to refuse refunds until VOOL has received the Device and checked the condition and completeness of the Device.

4.8. The Device must be returned to VOOL with the original packaging (can be with signs of opening, but not damaged) and in original completeness (include all items in the product packaging, including installation and operating instructions, fasteners, accessories etc.).

4.9. The direct costs (including shipping) of returning the Device must be borne by the Client. The Device must be removed by a qualified electrician and VOOL is entitled to request a certificate of this from the Client.

4.10. If the Device returned by the Client has been used or tried in a way other than this would normally be allowed in the store or has been used more than it is necessary to understand its nature, characteristics and functioning, the Client is responsible for the possible decrease in the value of the Device. In case the Customer does not agree with a decrease in the value assessed by VOOL, the Client has the right to turn to an expert to seek additional assessment.

5. LIABILITY AND HANDLING OF DEFECTS

5.1. All claims related to the performance of the Agreement must be submitted to the other Party without a delay in a format that can be reproduced in writing (e.g., e-mail).

5.2. If the Client is a consumer, VOOL is statutorily liable for two years for production defects or other non-conformities of the Device, provided that the defect or non-conformity existed at the time of delivery of the Device to the Client. The liability is subject to limitations set out in the applicable law. If the Client is a consumer, it is presumed that the non-compliance with the Agreement having occurred within one year from the date of handing the Device over to the Client existed at the time of delivery of the Device. In the case of legal entities, the manufacturer's warranty period is followed.

5.3. The Device must comply with the terms of the Agreement. The Device does not comply with the terms of the Agreement if at least one of the following circumstances exists:

5.3.1. Device does not meet the technical conditions advertised by VOOL;

5.3.2. Device is unsuitable for the purpose for which the Device is normally used, considering the conditions of installation and use of the Device.

5.4. VOOL is not responsible for the defects of the Device if they are the result of the following (non-exhaustive list):

5.4.1. The Device is removed and/or relocated by an unqualified person;

5.4.2. In case of normal wear and tear of the Device;

5.4.3. The Client does not submit required documentation to VOOL (purchase invoice, handover-acceptance act etc.);

5.4.4. The serial number, control sticker or the marking sticker is damaged or removed;

5.4.5. the defect is caused by external factors (thunder, non-compliant electrical voltage, voltage fluctuations, moisture, liquid, mechanical damage, etc.);

5.4.6. The Device has been installed and/or used contrary to the installation instructions and requirements provided by VOOL, Device user manual, technical documents etc.;

5.4.7. The Device has been repaired by a person not authorized by VOOL;

5.4.8. The Client does not allow VOOL to check the Device in the event of defect.

5.5. A handling fee must be paid for the examination/diagnosis performed on the Device (including transport), if:

5.5.1. The Device does not have the defects described by the Client and the Device is in working order according to the diagnostics results;

5.5.2. VOOL is not responsible for eliminating the defect that appeared on the Device;

5.5.3. the circumstance specified in clause 5.4 are present.

5.6. The Client, who is a consumer, does not have to pay the processing fee for diagnostics during the first one year from receiving the Device. After that, the Client shall pay the handling fee as specified in clause 5.5.

5.7. If, as a result of the examination, it turns out that the defects are caused by the factors listed in clause 5.4, but the Device can be repaired, the Customer has the option to order a paid repair service from VOOL.

5.8. The maximum liability of VOOL is limited to the amount that is equal to the amount the Client has paid to VOOL during the previous three months from the occurrence of the event that resulted in VOOL's liability. The Client understands and agrees that VOOL will not be liable to the Client or any third party for any loss of profits (income), use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, fines (including imposed by state authorities), punitive damages and penalties (including contractual penalties of third parties). In all other respects, the VOOL shall be liable for damage caused intentionally or only for the direct property damage caused by gross negligence, taking into account the restrictions and specifications agreed in the Agreement.

5.9. The Parties shall not be liable for breach or non-performance of their obligations under the Agreement if it has been caused by force majeure. If the effect of force majeure is temporary, non-performance is excused only for the period during which force majeure impeded the performance of the obligation. Force majeure events are unforeseeable circumstances that the Party having violated the obligation is unable to control and the prevention of which by the same cannot be expected proceeding from the principle of reasonableness. Examples of force majeure include but are not limited to severe acts of nature, war, riot, acts of terrorism, epidemics, pandemics, the activities of public authorities (e.g., the state, local government) and other circumstances independent of the parties (e.g., strike, general failure of the computer system, failure of communications lines or power failure, denial-of-service attack).

6. WARRANTY

6.1 VOOL has provided additional five (5) year commercial warranty for the Device. Please refer to VOOL EV charger warranty terms and conditions.

7. TRANSMISSION OF NOTICES

7.1. Notifications, consents, approvals and other declarations of intent are deemed to be delivered and received in accordance with the Agreement, if the statement of intent has been communicated to the other party in the written, reproducible or electronic form.

7.2. The Client immediately informs VOOL of any changes in the contact details specified in the Agreement. Client can change the contact information by sending an e-mail to [email protected].

8. FINAL PROVISIONS

8.1. VOOL processes the Client's personal data in accordance with VOOL's Data Processing Principles, which are available on VOOL´s website.

8.2. If a provision of the Agreement turns out to be partially in conflict with the applicable legislation or completely void, this shall not affect the validity of the remaining provisions or parts thereof. Parties shall make their best efforts to replace the invalid provision with a valid provision that corresponds to the content and aim of the Agreement.

8.3. VOOL reserves the right to unilaterally modify these General Terms and Conditions by giving at least one month’s notice to the Client. In the event that the Client does not agree to the amendment of the General Terms and Conditions, the Client has the right to terminate the Agreement.

8.4. In the event that one Party has to incur expenses to collect a debt from the other Party (incl. expenses for assigning the right of claim), the other Party undertakes to compensate all associated costs. Amounts paid to cover the debt shall firstly cover unpaid arrears (default interest), then costs related to debt collection (including legal aid expenses) and lastly principal debt.

8.5. The Agreement is governed by the laws of the Republic of Estonia, except for the conflict of laws rule.

8.6. All disagreements arising from the Agreement will be resolved by the Parties through negotiations. If the Parties are unable to resolve the dispute the dispute shall be resolved in Harju County Court, Estonia according to the laws of the Republic of Estonia.

8.7. Consumers have the right to turn to local Consumer Protection Authority for dispute resolution. If the Client is a consumer and has bought the Device online, the Client can use the EU online dispute resolution site - ec.europa.eu/odr/.