the Electra app
the Electra app
ELECTRA
TERMS AND CONDITIONS OF ACCESS AND USE
2022
These Terms and Conditions of Use apply to the Electra Charging Service, which the User Customer hereby accepts. Electra’s head office is located at: 7 rue Henri Rochefort, 75017 Paris, identified under the French SIRET number 891624884-00013. Contact: hello@go-electra.com
ARTICLE 1: DEFINITIONS
Electra App: means the mobile phone app available for download on Google Play and Apple Play. The Electra App is free to download and works after creating a Customer account.
Charging Station(s): refers to one or more vehicle charging stations set up, made available and managed by Electra.
Customer(s): refers to any user using the Services.
Equipment: refers to any equipment issued by or certified by the vehicle manufacturer to provide vehicle charging. Electra disclaims any responsibility for non-compliant or non-compatible Equipment used by the Customer.
Charge: refers to accelerated charging of a Vehicle available through the Electra Service. It is specified that Electra cannot guarantee the charging level of the Vehicle, as several factors influence the amount of electrical power (expressed in kW) of your charge:
the temperature
the car model
the charge level
the power available at the charging point
Electra Service: refers to the charging service covered by the Contract, which can be accessed on the Charging Station network and through the Personal Area.
Charging Hub: refers to all the equipment, including one or more Charging Stations, as well as all the elements made available to the User by Electra for his/her charge (booking screens, lighting, WiFi access, etc…).
Vehicle: refers to the Customer's or User's private vehicle, either electric or chargeable hybrid, and for which the Charging Service is used. Without any further clarification, the term “Vehicle” refers to a private passenger vehicle.
ARTICLE 2: PURPOSE
The Electra Terms and Conditions define the conditions of access and use of the Electra Service and the Customer. The use of the Electra Service is subject to the Customer's acceptance of and compliance with these Terms and Conditions.
ARTICLE 3: CHARGING PROCEDURE
The Customer can use the Electra Service via the Electra App or his/her credit card. The use of the Electra Service by means of a credit card requires the acceptance of these Electra Terms and Conditions on his/her mobile phone, either from the online payment Website or the Electra App, upon prior acceptance and compliance with the Electra Terms and Conditions.
The Customer using the Prepaid charging method by credit card must fill in his/her contact details before ordering the Charge so that the Electra Terms and Conditions are sent to him/her and that he/she accepts them.
Using the Electra App, the Customer can reserve a Charging Station for the Charge. Electra shall not be held responsible for the unavailability of the parking space enabling the Charge in case of failure to use the designated space by any third party or any other Customer. Any booking that remains unused after 30 minutes will be deemed cancelled.
ARTICLE 4: RIGHT OF WITHDRAWAL
Any private Customer is entitled to a right of withdrawal that he/she may exercise without penalty, within thirty days from the date of purchase, unless he/she has carried out the Charge within this period.
Le The right of withdrawal shall be exercised by using the withdrawal form available on Electra's website or in the Electra App (more precisely via the booking cancellation of a charging slot) or by a letter mailed to Electra at the above address specifying “Right of withdrawal” on the envelope. Exercising the right of withdrawal without Charge entitles the Customer to a refund of any amount paid by the Customer, within thirty days from the date Electra was informed of the Customer's decision to withdraw.
ARTICLE 5: PRECAUTIONS FOR USING THE SERVICE
The Customer must use the Charging Stations and the equipment made available at the Charging Hubs in the correct conditions defined by the manufacturer of his/her vehicle and with the correct Equipment. Any damage caused by non-conforming use will result in the Customer's liability and obligation to compensate Electra for the damage suffered.
The Customer is liable for any damage caused by his/her use of the Charging Station.
The Customer must comply with any warning or alert message or information displayed on the Charging Station screen.
In the event of a malfunction of the Charging Station, a support service is available at the Charging Station or in the Electra App.
ARTICLE 6: DURATION
The Service is available as long as the Customer's account is activated and his/her payment methods remain valid.
ARTICLE 7: PRICE – PAYMENT METHODS
The Charge is carried out at the rate applicable at the time of ordering the Charge and is invoiced and debited from the Customer upon completion of the Charge.
Invoices are issued in electronic format.
Invoices to Customers using the Electra App are available in their personal area or by email.
In case of total or partial default of payment, the unpaid amounts incl. VAT may be increased ipso jure and without prior formal notice or reminder, with interests amounting to three times the legal interest rate.
The total or partial default of payment is notified by Electra to the Customer by email.
ARTICLE 8: OBLIGATIONS
The Customer uses the Service in accordance with Electra's Terms and Conditions.
Electra is bound by an obligation of means in fulfilling its obligations.
Electra's liability in case of wrongful failure to fulfil its obligations is limited to the reimbursement of the Service not performed.
ARTICLE 9: PERSONAL DATA
Electra applies and complies with the provisions of Law No. 78-17 of January 6, 1978, as amended, relating to information technology, files and freedoms and the European Regulation (EU) 2016/679 of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and the free movement of such data. The Customers' personal data is subject to processing for which Electra is the controller. The data collected is intended for Electra, and, if the Customer agrees, its partners and external service providers. The Customer can view Electra's privacy policy at: https://www.go-electra.com/en/privacy/.
This data is collected as part of the subscription and performance of the Service. Data collection is mandatory when it is necessary for the management of the Contract, billing and payment collection, or for exercising the right of withdrawal. Any failure to provide this data will result in the impossibility to use the Service.
Commercial prospecting by electronic means by Electra or its partners is possible if the Customer has previously given his/her express consent.
The data collected by Electra will be retained as long as the Electra App is installed and the Customer's account is activated and 3 years from the deactivation of the Customer's account or, in case of Charge via credit card, 3 years from the last Charge.
With respect to his/her personal data, the Customer has the right to access, rectify, oppose without charge the use of such information for commercial prospecting purposes, as well as the right to limit its processing.
The Customer or the User can, by giving proof of his/her identity if necessary, exercise the above mentioned rights at Electra by e-mail at dpo@go-electra.com or from his/her personal area. In the case of electronic prospecting, he/she can also use the unsubscribe link provided in the e-mail sent by Electra.
ARTICLE 10: SERVICE TERMINATION
The Customer may terminate the Plan at any time without notice or penalty by deactivating his/her Customer account.
Electra may terminate the Service in the event of non-payment by the Customer or misconduct in relation to these Electra Terms and Conditions.
ARTICLE 11: APPLICABLE LAW – DISPUTES
The law applicable to the Electra Terms and Conditions is French law. In the event of a dispute relating to Electra's Service provision, the Customer may submit a written claim to Electra. In the event of a dispute, the Customer may refer the matter to the Mediator CM2C.
APPENDIX – WITHDRAWAL FORM
For the attention of Electra, “Right of withdrawal”, 7 rue Henri Rochefort, 75017 Paris, identified under the SIRET number 891624884-00013. Via registered letter with an acknowledgement of receipt or by email at: hello@go-electra.com
I/We (*) hereby notify you of my/our (*) withdrawal from the contract for the provision of the service (*) below …………………………………………………………………………………………………………………………
— Ordered on (*) / received on (*) …………………………………………………………………………………………………………….
— Name(s) of consumer(s) ………………………………………………………………………………………………………
— Address(es) of consumer(s) …………………………………………………………………………………………………
— Date …………………………………………………………………………………………………
— Signature of consumer(s) (only if you are submitting your withdrawal request via this form using a printed version) …………………………………………………………………………………………………………………………
. (*) Cross out where not applicable.