General Terms of Use of e-mobilio.de

Preliminary remark

A. e-mobilio GmbH, Gisela-Stein-Str. 21, 81671 Munich, Germany, ("e-mobilio") is the owner and operator of the internet platforms "e-mobilio.de" and "e-mobilio.at". The purpose of the platform is to provide needs-specific and neutral advice to potential customers and to present third-party goods and services relating to electromobility from a consumer perspective, thereby serving to promote electromobility.

B. Users ("Users") receive neutral, manufacturer- and brand-independent advice on e-mobilio.de, the e-mobility package that is individually suitable for them, including forwarding to relevant providers, and are supported by helpful services during the purchase decision and use.

C. Via the web-based brokerage platform ("e-mobilio platform") provided by e-mobilio and available on e-mobilio.de and other third-party websites, users are first automatically guided through the e-mobilio platform by means of digital purchasing advice in order to be suggested suitable components for an individual e-mobility package ("e-mobilio package"). In cases where the e-mobilio platform is offered via partner websites, i.e. websites other than e-mobilio.de, the advice may be limited to the goods and services of these partners.

 

1 Scope of application

1.1 These General Terms of Use of e-mobilio.de ("Terms of Use") apply to the use of the e-mobilio platform by users in the version valid at the time of use.

1.2 Use within the meaning of section 1.1 includes, in particular, the entry of information and data by the user for the purpose of advising the user and the forwarding of this information and data by e-mobilio to cooperation partners for the purpose of referring the user to the cooperation partner for the conclusion of a contract, as well as consent to the forwarding of this information and data by e-mobilio to cooperation partners. The activity of e-mobilio is therefore limited to the provision of information and the receipt of information and data and the technical forwarding of this information and data of the user to the cooperation partner.

1.3 e-mobilio is not a party to any contract between the user and the cooperation partner that is concluded outside of the e-mobilio platform.

1.4 These terms of use do not apply to orders placed by the user, in particular via a wall charging station ("wallbox") or via the e-mobilio installation check. In this respect, the General Terms and Conditions of the e-mobilio online store, available here, apply exclusively.

 

2 Functionality and use of the e-mobilio platform

2.1 The e-mobilio platform is used to provide information and receive information and data from users and the technical forwarding of this information and data to a suitable cooperation partner for components of the e-mobilio package selected by the user.

2.2 Depending on the selected components of the e-mobilio package, the user enters information on the e-mobilio platform, such as their contact details and other information and data regarding the desired components of the e-mobilio package, into a search mask. By entering this information and data in the search mask and clicking on the "Send request" button, the user consents to the forwarding of this information and data by e-mobilio to a suitable cooperation partner.

2.3 The e-mobilio platform uses this information and data to filter out the appropriate goods/services and, if relevant, the appropriate cooperation partner for the user with the help of a mediation logic with regard to the desired components of the e-mobilio package.

2.4 e-mobilio forwards the user's information and data to the appropriate cooperation partner, who then contacts the user. If the user requests a charging tariff via the e-mobilio platform, e-mobilio does not forward any data to the charging tariff provider. Rather, e-mobilio sends the user the necessary information so that the user can contact the provider himself.

2.5 Under no circumstances is e-mobilio an agent or representative for the user.

2.6 The use of the e-mobilio platform is free of charge for the user.

2.7 If the user provides information to e-mobilio on the e-mobilio platform, for example to enable a cooperation partner to contact the user, the data must be provided truthfully and completely.

2.8 The user of the e-mobilio platform is prohibited from mass extracting the information and data displayed on the e-mobilio platform (e.g. through "scraping") and/or reusing the information and data outside of the e-mobilio platform.

2.9 Configurations made on the e-mobilio platform can be retrieved via a code provided by e-mobilio by e-mail.

 

3 Conclusion of contract

3.1 The descriptions of the goods and services of the cooperation partners contained on the e-mobilio platform do not constitute offers on the part of e-mobilio. However, the options for requesting goods and services from cooperation partners contained on the e-mobilio platform do constitute offers on the part of e-mobilio.

3.2 The user can accept this offer via the online form integrated into the e-mobilio platform. After placing the selected services and goods for which the user wishes to request further information from the cooperation partner in the virtual shopping cart and completing the electronic input process, the user accepts the offer with regard to the requests contained in the shopping cart by clicking the "Send request" button at the end of the order process. This commissions e-mobilio to send the request to the cooperation partner (conclusion of contract). This order is free of charge for the user.

3.3 e-mobilio will then send the user an automatic confirmation by e-mail, in which the user's order is listed again and which the user can print out using the "Print" function. The automatic confirmation documents that e-mobilio has received the user's acceptance.

3.4 When an order is placed via the online form, the text of the contract is saved by e-mobilio and sent to the user in the form of a link in the confirmation e-mail. No further access to the contract text is provided by e-mobilio.

3.5 Before placing an order via the online form, the user can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. The user can correct his entries during the electronic order process using the usual keyboard and mouse functions until he clicks on the "Send request" button, which concludes the order process.

3.6 Only the German language is available for the conclusion of contracts via the e-mobilio platform.

3.7 Order processing and contact are generally carried out by e-mail and automated order processing. The user must ensure that the e-mail address provided by him/her for order processing is correct so that e-mobilio can receive e-mails sent to this address. In particular, when using SPAM filters, the user must ensure that all e-mails sent by e-mobilio or by third parties commissioned by e-mobilio to process the order can be delivered.

 

4. Limited availability of the e-mobilio platform

Unlimited availability of the e-mobilio platform is not guaranteed. e-mobilio is entitled to partially or completely discontinue the availability of the e-mobilio platform, in particular if the e-mobilio platform requires maintenance or revision for technical and/or operational reasons.

 

5 Liability

5.1 Insofar as e-mobilio displays advertisements from cooperation partners on the e-mobilio platform, e-mobilio only provides information and data from the cooperation partners with regard to the content of the individual advertisements. There is no verification of correctness and up-to-dateness. Therefore, e-mobilio is not responsible for such content. If any errors are caused by e-mobilio, e-mobilio shall be liable in accordance with sections 4.2 and 4.3 of these terms of use.

5.2 e-mobilio is liable for damages in accordance with the statutory provisions, unless otherwise specified below. In the event of breaches of duty - regardless of the legal grounds - e-mobilio shall be liable for intent and gross negligence. In the event of simple negligence, e-mobilio is only liable for damages resulting from the breach of a material contractual obligation (an obligation whose fulfillment is essential for the proper execution of the contract and on whose compliance the user regularly relies and may rely); in this case, however, liability is limited to compensation for foreseeable, typically occurring damages.

5.3 The above limitations of liability do not apply in the case of (i) strict liability and within the scope of mandatory law, (ii) assumption of a guarantee or a quality agreement, (iii) fraudulent concealment of defects and (iv) damages resulting from injury to life, body or health.

5.4 e-mobilio is responsible for the fault of its legal representatives and other third parties to the same extent as for its own fault (subject to the limitation of liability stipulated in this Section 5), if and insofar as these third parties act as vicarious agents of e-mobilio. The limitations of liability in favor of e-mobilio regulated in these terms of use also apply to cases of personal liability of employees, executives, representatives and vicarious agents of e-mobilio.

 

6 Applicable law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

 

7 Alternative dispute resolution

7.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

7.2 e-mobilio is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

 

8. Final provisions

Should any provision of these terms of use be legally invalid or unenforceable, this shall not affect the validity or enforceability of any other provision of these terms of use. In this case, the user and e-mobilio shall replace the invalid or unenforceable provision with a valid and enforceable provision that comes as close as possible to the economic meaning of the invalid or unenforceable provision.