General Terms and Conditions ("GTC") – E-Commerce / Online Shop
1 Scope
These General Terms and Conditions ("GTC") apply to the sale, delivery, and updating of charging infrastructure and accessories (hereinafter: "E-Mobility Equipment") by Volkswagen Group Charging GmbH (hereinafter: "Elli") to the purchaser (hereinafter: "Customer"), regardless of whether Elli manufactures the hardware itself or procures it from suppliers (Sections 433, 650 of the German Civil Code (BGB)). These GTC apply to Customers who are consumers (Section 13 BGB) or business customers (Section 14 BGB).
2 Amendments to these GTC
Elli may amend these terms from time to time with future effect. Changes only become effective with the Customer's consent.
3 Subject Matter of the Contract
3.1 Under this contract, Elli sells and delivers E-Mobility Equipment to the Customer, which the Customer can order via Elli's end-customer webshop (hereinafter: "Webshop"), and provides updates for the E-Mobility Equipment.
3.2 The available E-Mobility Equipment, including applicable product specifications, can be viewed by the Customer at any time in the Webshop. Depending on the type of E-Mobility Equipment, installation and use of software may be required for full functionality.
3.3 The type and quantity of E-Mobility Equipment provided by Elli to the Customer is determined by individual orders pursuant to clause 3.2.
3.4 For E-Mobility Equipment with LTE functionality:
Use is permitted only in authorized countries, which the Customer can view in the applicable product specifications in the Webshop.
3.5 If LTE functionality is used in an unauthorized country, Elli reserves the right to deactivate the LTE connection and block LTE communication.
3.6 Any use of the LTE data volume provided by Elli for the E-Mobility Equipment for purposes other than intended is prohibited. Misuse will result in immediate deactivation of the LTE functionality.
3.7 The usability of certain features of the E-Mobility Equipment may depend on the Customer establishing and maintaining an internet connection (e.g., OCPP certificates for wallboxes). Product-specific details can be found in the product description in the Webshop.
4 Conclusion of Contract
4.1 Elli’s offers in the product and service descriptions are non-binding. The Customer’s order of E-Mobility Equipment constitutes a binding offer to conclude a contract.
4.2 The Customer can select products, place them in the shopping cart, and order them via the Webshop. The order may be placed as a guest or, for consumers, via a personal Elli account.
4.3 If the Customer does not yet have an Elli account, they may create one before checkout by entering an email address and password, followed by a confirmation link sent by email. The account is activated once the email is confirmed.
4.4 The Customer can then complete their personal data required for order processing. Information such as shipping address, billing address, email, and phone number will be saved in the Elli account. For guest checkouts, these details must also be provided but will not be saved. Before finalizing the order, the Customer can review and correct all details. Clicking “Place binding order” submits a legally binding offer.
4.5 Elli will immediately acknowledge receipt of the order by sending a non-binding confirmation email. This email does not yet constitute acceptance unless explicitly stated.
4.6 The contract is concluded once Elli confirms the order via order confirmation (usually by email) or delivers the goods. The contract text and invoice will be sent to the Customer on a durable medium (e.g., email or PDF) and stored in compliance with data protection laws.
4.7 Invoices are issued electronically.
4.8 Elli reserves the right to reject the order. In this case, no contract is concluded and any payments already made will be refunded.
4.9 The contract language is German.
5 Delivery and Availability
5.1 The delivery period is agreed individually or stated by Elli upon acceptance. Delivery may take up to approximately 3 months after the binding order.
5.2 If delivery delays occur due to circumstances beyond Elli’s control (e.g., supply issues), Elli will inform the Customer and provide a revised delivery timeline.
5.3 If the E-Mobility Equipment remains unavailable, both parties may withdraw from the contract, and any payments will be refunded. Unavailability includes failed supply by a supplier through no fault of Elli, or where Elli was not obligated to procure.
5.4 Delivery is limited to Customers with a billing address and delivery address in Germany.
6 Delivery, Place of Fulfillment, Transfer of Risk
6.1 Delivery is made to the address provided by the Customer, which also determines the place of fulfillment.
6.2 Costs and risk transfer to the Customer upon delivery. The exact location is defined in clause 6.1.
7 Prices and Shipping Conditions
7.1 All prices listed in the Webshop include applicable VAT.
7.2 Shipping costs are indicated during checkout and are borne by the Customer unless the right of withdrawal is exercised.
7.3 In case of withdrawal, the Customer bears the direct cost of return shipping.
8 Retention of Title Ownership of the E-Mobility Equipment remains with Elli until full payment is received.
9 Payment Terms
9.1 Various payment options are available as listed in the Webshop.
9.2 The purchase price is due immediately upon contract conclusion. If payment is overdue, interest of 5 percentage points above the base rate may apply.
9.3 This does not affect Elli’s right to claim further damages.
9.4 All payments must be made in EURO.
9.5 Payment via Klarna: In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment method:
Direct debit: Payment is made to Klarna after the product is shipped. The exact date will be provided by email. More information here.
Use of Klarna requires a positive credit check. For Klarna’s terms and privacy policy, click here.
10 Warranty Claims
10.1 Elli guarantees the E-Mobility Equipment is free from material and manufacturing defects and complies with legal standards.
10.2 Elli is liable for defects in accordance with applicable law, particularly Sections 434 ff. BGB.
10.3 Additional warranties only apply if expressly stated in the order confirmation.
10.4 Installation, removal, maintenance, or repair must be performed by a qualified electrician. Improper handling may void warranty rights.
10.5 If a defect claim is found to be due to improper handling, all inspection costs must be covered by the Customer.
10.6 Elli is not liable for wear and tear due to normal use.
11 Liability 11.1 Elli is liable for intent and gross negligence. For simple negligence, Elli is only liable in case of: a) Injury to life, body, or health, b) Breach of essential contractual obligations. In this case, liability is limited to foreseeable, typical damages.
11.2 These limitations also apply to agents of Elli. They do not apply if Elli fraudulently concealed a defect or gave a quality guarantee or if product liability law applies.
11.3 Elli is not liable for unforeseeable indirect damages, consequential damages, or lost profits unless clause 11.1 applies.
11.4 The Customer may only rescind or terminate the contract due to non-performance if Elli is at fault. Free termination under Sections 650, 648 BGB is excluded.
12 Software Updates 12.1 Elli ensures necessary software updates (including security updates) are provided and communicated. Optional updates may also be provided. Failure to install a required update within a reasonable time voids warranty for resulting issues.
12.2 During installation, charging is not possible. Installation time depends on update size.
13 Final Provisions German law applies excluding the UN Sales Convention. If the Customer is a consumer, mandatory consumer protection laws of their country of residence remain unaffected.
14 Dispute Resolution Elli is neither willing nor obliged to participate in dispute resolution before a consumer arbitration board.
Status: September 2024