1. Scope
The following Terms of Use (“ToU”) apply to the sale, delivery, and updating of charging infrastructure and related equipment (hereinafter: “e-mobility equipment”) from Volkswagen Group Charging GmbH (hereinafter: “Elli”) to the purchaser (hereinafter: “customer”), regardless of whether Elli manufactures the hardware itself or purchases it from suppliers (Sections 433 and 650 of the German Civil Code (Bürgerliches Gesetzbuch, BGB)). The following ToU apply if the customer is a consumer (Section 13 BGB) or an entrepreneur (Section 14 BGB).
2. Changes to these Terms of Use
Elli can make changes to these Terms of Use that are reasonable for the purchaser. However, changes to these Terms of Use shall not become part of the contract unless the customer has been notified of the changes by e-mail, the customer does not object within six (6) weeks of being notified, and Elli has expressly informed the customer of the impact thereof in the notification of change. If the customer objects to the changes in due time, the changes shall not be valid for the customer. In this case, Elli has the right to terminate the contract with the customer with one (1) month’s notice if it is not possible or it is unreasonable for Elli to continue the contract without the changes.
3. Object of the Contract
3.1 Under this contract, Elli sells and supplies e-mobility equipment to the customer, which the customer can order on the Elli end customer web store (hereinafter: “web store”), and provides the customer with updates for the e-mobility equipment.
3.2 The customer can call up information on the available e-mobility equipment, including the associated applicable product specifications, on the web store at any time. Depending on the type and nature of the e-mobility equipment, the installation and use of software may be necessary in order to make use of the full range of functions.
3.3 The type and quantity of e-mobility equipment that Elli makes available to the customer are determined based on individual orders pursuant to Section 3.2.
3.4 The following applies to the purchase of e-mobility equipment with the LTE functionality:
This may only be used in authorized countries, which the customer can view at any time in the relevant product specifications found in the web store.
3.5 If the LTE functionality is used in a non-authorized country despite this not being allowed, Elli reserves the right to deactivate the LTE connection and block communication over LTE.
3.6 Any use of the LTE data volume provided by Elli for the e-mobility equipment for other purposes is prohibited. Any misuse of the data volume will result in the immediate deactivation of the LTE functionality.
3.7 In some cases, use of certain functions of the e-mobility equipment may require that the customer establish and maintain an Internet connection with the e-mobility equipment (this applies, for example, with regard to the OCPP certificates of chargers). Product-specific information can be found at any time in the relevant product description of the e-mobility equipment available on the web store.
4 Conclusion of Contract
4.1 Offers from Elli within the scope of the service and product descriptions are non-binding. An order from the customer for e-mobility equipment is deemed to be a binding contract offer and is made on the basis of individual orders placed by the customer.
4.2 The customer can select the e-mobility equipment offered by Elli, add it to his/her shopping cart, and order it in the web store. The customer can complete the order process as a guest or, if he or she is a consumer, via his/her Elli customer account.
4.3 If the customer does not have a personal customer account with Elli (Elli customer account) yet, he/she can create one prior to the start of the order process (checkout). To do so, the customer enters an e-mail address and a password and then receives automatic confirmation by way of an e-mail sent by Elli. To activate his/her Elli customer account, the customer must confirm his/her e-mail by clicking the link in the e-mail. This verifies that the e-mail address he/she entered also exists.
4.4 The customer is then logged in to the web store and he/she can add any customer information for the order, shipping, and payment process. Information such as the shipping address, billing address, e-mail address, and phone number that are provided by the customer during checkout are stored for the customer in his/her Elli customer account. When placing an order as a guest, the customer information specified in clause 1 must also be provided by the customer in order for the order to be processed. However, the customer’s personal data is not stored in his/her Elli customer account when he/she places an order as a guest. Before submitting the order, the customer is given the opportunity to check all information he/she entered (such as the product description, quantity, name, address, payment method) again and make changes if necessary. The customer does not submit a binding offer to Elli to conclude a purchase contract until he/she clicks the “Order with obligation to pay” button.
4.5 Elli will send an e-mail confirming that the order has been received without delay after it was submitted. The order confirmation does not constitute acceptance of the customer’s offer to buy, unless Elli acknowledges that the offer has been accepted in addition to confirming that it has been received.
4.6 A contract is concluded when Elli accepts the customer’s order by means of an order confirmation (typically sent by e-mail) or by delivering the goods. The text of the contract, including the invoice, will be sent to the customer by Elli on a durable medium (e-mail, PDF) in this e-mail or in a separate e-mail, at the latest upon delivery of the e-mobility equipment. The text of the contract is stored in compliance with data protection regulations.
4.7 Invoices are sent by e-mail.
4.8 Elli reviews the customer’s order and reserves the right not to accept it. In such cases, no contract is concluded. Elli will inform the customer of this without delay and refund any payments already rendered immediately.
4.9 German is the language in which the contract is concluded.
5 Delivery, Product Availability
5.1 The delivery period is agreed individually or specified by Elli when accepting the order. If Elli specifies a delivery period in days, weeks, or months, the delivery period is calculated from the time the delivery period is specified or agreed in accordance with clause 1. In individual cases, the delivery period may be approx. three (3) months after the customer has placed a binding order.
5.2 If Elli is unable to meet binding delivery deadlines for reasons for which it is not responsible (non-availability of performance), Elli will inform the customer of this without delay while at the same time notifying the customer of the expected new delivery date.
5.3 If the e-mobility equipment is still not available within the new delivery period, Elli and the customer are entitled to withdraw from the contract in whole or in part; Elli will immediately refund any payments already rendered by the customer via the payment method chosen by the customer. A case of non-availability of performance is deemed in particular to be late delivery by a supplier if Elli has concluded a matching hedging transaction, neither Elli nor the supplier is responsible or at fault, or Elli is not obligated to purchase in the individual case.
5.4 Elli only ships to customers who have their habitual place of residence (billing address) in Germany and are able to provide a shipping address in that country.
6 Delivery, Place of Performance, Transfer of Risk
6.1 Elli shall deliver the e-mobility equipment to the location specified by the customer in the order; this shall determine the place of performance for delivery and supplementary performance. The customer shall be notified of the delivery date pursuant to Section 5.1.
6.2 Costs and risks are transferred to the customer on delivery of the e-mobility equipment. The precise location for the transfer of risk is specified in Section 6.1.
7 Prices and Terms of Delivery
7.1 All prices quoted by Elli on the web store include the applicable statutory value-added tax.
7.2 The customer can find information on the relevant shipping costs on the order form; these shall be borne by him/her, unless the customer – as a consumer – makes use of his/her right of withdrawal.
7.3 In the event of withdrawal from the contract asserted as a consumer, the customer shall bear the direct costs of return shipment.
8 Retention of Title and Transfer of Ownership
The e-mobility equipment remains the property of Elli until such time as the purchase price has been paid in full.
9 Payment Methods
9.1 Elli offers the customer a range of payment methods which are specified in the web store.
9.2 Payment of the purchase price is due without delay when the contract is concluded. If the due date for payment is specified by reference to the calendar, the customer is already in default if he or she fails to meet the due date. In this case, the customer shall pay Elli interest on arrears for the year at a rate of five (5) percentage points above the prime rate.
9.3 The customer’s obligation to pay interest on arrears shall not preclude the assertion of claims for further damages caused by delay by Elli.
9.4 The purchase price is payable in euros.
9.5 Paying with Klarna In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we are able to offer the following payment option:
Direct debit: The payment is made to Klarna. The funds are deducted from the customer’s account when the product or products are shipped. An e-mail is sent at that time to notify him/her that the items have been dispatched. Click here for further information.
A positive credit check is required in order for the customer to select direct debit as his/her payment method. For more information and to view Klarna’s terms of use, click here. Click here for general information about Klarna. The customer’s personal data will be handled by Klarna in accordance with the applicable privacy policy and as specified in Klarna’s Privacy Notice.
10 Claims for Defects, Customer’s Warranty Rights
10.1 Elli guarantees that the e-mobility equipment is free from defects in materials and workmanship and complies with the legal standards.
10.2 Elli shall be liable for material defects pursuant to the applicable statutory provisions, in particular Section 434 et seq. BGB.
10.3 Any additional guarantee shall only apply to the e-mobility equipment supplied by Elli if this was expressly indicated in the order confirmation.
10.4 E-mobility equipment may only be installed, uninstalled, maintained, or repaired by a qualified electrician. Faulty or inappropriate installation, repair, or modification of the e-mobility equipment, for example due to poor storage, use of non-original spare parts, changes contrary to the intended use, and inadequate implementation of the operating and installation instructions, may invalidate the warranty rights.
10.5 If the customer asserts his/her warranty rights in the event of a defect in the e-mobility equipment and it becomes known during the inspection of the e-mobility equipment by Elli that the defect in the e-mobility equipment is attributable to improper or incorrect installation, removal, repairs, or maintenance (in particular by unqualified personnel), the customer shall bear any and all costs incurred by Elli for examination of the defect.
10.6 Elli shall not be liable for defects or damage to e-mobility equipment caused by normal wear and tear.
11 Liability
11.1 Elli shall be liable for damages – irrespective of the legal grounds – within the scope of fault-based liability in cases of intent and gross negligence. In the case of ordinary negligence, Elli shall only be liable, subject to statutory limitations of liability (e.g., diligentia quam in suis (rebus); minor breach of duty)
a) for damages resulting from loss of life, physical injury, or injury to health;
b) for damages arising from the breach of a material contractual obligation (obligation whose fulfillment is essential for the proper execution of the contract and on whose fulfillment the contractual partner regularly relies and may rely); in this case, however, Elli’s liability is limited to compensation for foreseeable damages that typically occur.
11.2 limitations of liability arising from Section 11.1 also apply to breaches of duty by or for the benefit of persons for whom Elli is responsible under statutory regulations. They shall not apply if Elli has fraudulently concealed a defect or has assumed a guarantee for the quality of the e-mobility equipment and to claims asserted by the customer under the Product Liability Act.
11.3 Elli shall not be liable for unforeseeable indirect damage, consequential damage, or loss of profit, unless a situation as set forth in Section 11.1 exists.
11.4 The customer may only withdraw from or terminate the contract owing to a breach of duty which does not constitute a defect if the breach of duty is attributable to Elli. A free right of termination on the part of the customer (in particular pursuant to Sections 650 and 648 BGB) is excluded. In all other respects, the statutory requirements and legal consequences shall apply.
12 Software Updates
12.1 Elli undertakes to ensure that software updates required for the e-mobility equipment to continue to meet the contract requirements are provided to the customer and that the customer is notified accordingly. The required software updates also include security updates. In addition, Elli also provides optional software updates to extend the functionality of the e-mobility equipment. If the customer fails to install a required update provided to him/her within a reasonable period of time, Elli shall not be liable for any product defect solely attributable to the update not being installed.
12.2 While the software updates are being installed, the e-mobility equipment cannot be used for charging. The amount of time required to install an update will vary based on the size of the update.
13 Final Provisions
Contracts between Elli and the customer shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the event that the customer is a consumer, the statutory regulations limiting the choice of law and on the applicability of mandatory provisions, in particular those of the country in which the customer as a consumer has his/her habitual place of residence, remain unaffected. Overriding statutory provisions, in particular provisions on exclusive jurisdiction, remain unaffected in such cases.
14 Settlement of Disputes
Elli is neither disposed nor obliged to take part in a dispute resolution proceeding before a consumer arbitration board.
Last updated: June 2025