General Terms and Conditions

1. Validity

1.1 These General Terms and Conditions (“GTC”) apply for orders for goods and services from the Webasto Thermo & Comfort SE online shop at www.webasto-charging.com (“Website”). They do not apply for the downloading of digital contents from the website.

1.2 They also apply for orders that come from countries other than the delivery area Germany.

2. Contract Parties, Billing, Conclusion of Contract

2.1 The contract partner of the customer who places orders via the online shop website (“Customer”) is:

Webasto Thermo & Comfort SE („Webasto“)
Friedrichshafener Str. 9
82205 Gilching
Deutschland

Postfach 1410, 82199 Gilching
Tel.: +49 (89) 8 57 94-0
Fax.: +49 (89) 8 57 94-4 48

E-Mail: info.de@webasto-charging.com
www.webasto-charging.com

2.2 By clicking on the order button, the customer submits a binding offer to purchase the goods and/or services in the shopping cart and must also agree herewith to the validity of these GTC, the processing of the data in accordance with the Data Protection Declaration and the transfer of certain data to third parties for the performance of services. An order confirmation with a summary of the order details will automatically be sent to the e-mail address provided by the Customer after the order has been sent.

2.3  The Customer will receive a separate e-mail with a shipping confirmation as soon as the goods are being shipped.

2.4 All prices quoted are exclusive of tax and delivery charges; they are indicated in euros, unless expressly stated otherwise.

3. Installation of Wall Boxes: Use of external service providers

3.1 If the Customer has also purchased installation services for the charging station via the Website, these installation services are provided by external installation service providers (“Service Provider”) on behalf of Webasto. For this purpose, Webasto has concluded a corresponding service contract with the respective Service Provider. The Service Providers have the specialist know-how in the areas of electromobility that is required for the provision of services as well as the necessary licences for the respective markets.

3.2 The Customer can purchase a voucher for these installation services via the online shop, with which he can make use of the services of the Service Provider. However, no contract shall be concluded between the Customer and the respective Service Provider; in this case, as well, the Customer's contractual partner is Webasto.

3.3 Contact between Service Provider and Customer is arranged by Webasto. The Service Provider will contact the Customer to set up an appointment. The Customer may cancel or request postponement of the appointment with a lead time of at least three working days (Mon to Fri, without public holidays). Details of the entire inspection and installation appointments can be found in the explanations in the online shop.

3.4 The respective Service Provider has made a contractual commitment to Webasto to treat the personal data of the customers about which the Service Provider is informed in the course of providing services to Webasto in accordance with the provisions of the German Federal Data Protection Act (BDSG) or the applicable country-specific data protection laws. The Service Provider shall, in particular, obligate his employees to protect data secrecy, i.e., to undertake not to collect, process or use such personal data without authorization. The Service Provider shall furthermore also ensure that personal data are securely stored in accordance with the appropriate industry standard and that they are inaccessible to unauthorized persons.

3.5 The Customer’s obligation to co-operate in connection with the installation result from Section 10 of these GTC.

4. Availability of Goods

If the goods ordered by the Customer are not available at the time of the order, Webasto reserves the right not to accept the order, so that no contract is concluded. The Customer shall be informed about this without delay. Payments already made shall be returned to the Customer without delay.

5. Delivery of Goods

The goods for orders from other countries shall also be delivered from the Webasto logistics warehouse in Germany. Place of performance for ordered goods is Germany; with regard to inspection or installation, the place of performance is the Customer's place of residence.

6. Payment

6.1 Invoices are issued by Webasto Thermo & Comfort SE for orders and deliveries within Germany and by the respective national companies for orders from and deliveries to countries outside Germany.

6.2 All prices on the website www.webasto-charging.com are quoted in euros and include the applicable statutory value-added tax. For payment of the order the Customer has the payment methods indicated at the end of the order process at his disposal.

6.3 At the time of ordering, the Customer will be notified of the amount of shipping costs on the respective goods.

6.4 Payment via the payment method selected by the Customer is offered within Europe by Webasto in cooperation with an external payment service provider (“Payment Provider”).

After selecting the relevant payment method, the Customer is redirected to a separate payment page, where he is asked to enter all relevant data.

6.5 The data entered for payment processing is not stored by Webasto, but by the Payment Provider. No contract shall be concluded between the Customer and the Payment Provider; in this case as well, Webasto shall remain the Customer's contractual partner.

7. Retention of title

Until complete payment the delivered goods remain property of Webasto.

8. No sale to commercial customers

The goods offered via Webasto's website are only sold to customers as consumers or to entrepreneurs as end consumers. The Customer is not permitted to resell the goods commercially. Webasto therefore reserves the right not to accept contract offers that appear to be made for the purpose of commercial resale of the goods.

9. Right of cancellation of the Customer as consumer

9.1 If the Customer is a natural person who concludes a legal transaction for a purpose which can predominantly neither be attributed to his commercial nor his independent professional activity (consumer), the Customer has a right of cancellation in accordance with Section 312g in conjunction with Section 355 of the German Civil Code (BGB).

9.2 Right of cancellation for sales contracts for goods:


Cancellation Policy

Right of Cancellation

You have the right to cancel this contract within fourteen days without giving reasons.

In the case of a contract of sale, the period of cancellation is fourteen days from the date on which you or a third party you have designated, who is not the carrier, took possession of the goods.

In the case of a contract for several goods, which you have ordered as part of a single order and which are delivered separately, the cancellation period shall be fourteen days from the date on which you or a third party designated by you, who is not the carrier, took or has taken possession of the last goods.

In the case of a contract for the delivery of an item in several partial deliveries or parts, the cancellation period shall be fourteen days from the date on which you or a third party designated by you, who is not the carrier, took or has taken possession of the last part.

In the case of a contract for the regular delivery of goods throughout a set period of time, the cancellation period shall be fourteen days from the date on which you or a third party designated by you, who is not the carrier, took or has taken possession of the first part.

To exercise your right of cancellation you must inform us (Webasto Thermo & Comfort SE, Friedrichshafener Str. 9, 82205 Gilching, Deutschland, E-Mail:info.de@webasto-charging.com, Tel.: +49 (89) 8 57 94-0, Fax.: +49 (89) 8 57 94-4 48)

In order to comply with the cancellation period, it is sufficient that you send the notice of exercise of cancellation before the expiry of the cancellation period.

Consequences of Cancellation

If you cancel this contract, we will refund all payments we have received from you, including delivery costs (except for the additional costs resulting from your choosing a delivery method other than the cheapest standard delivery offered by us), immediately and at the latest within 14 days from the day we receive notice of your cancellation of this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you can prove that you have returned the goods, whichever is earlier.

You must return the goods to Webasto Neubrandenburg GmbH, Werner-Baier-Straße 1, 17033 Neubrandenburg, Deutschland, immediately and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch or hand over the goods before the expiry of the fourteen-day deadline. We shall bear the costs of returning the goods.

You shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods which is not necessary for checking the nature, properties and functioning of the goods.

End of cancellation policy


9.3 Right of cancellation for services:


Cancellation policy

Right of Cancellation

You have the right to cancel this contract for the purchase services within fourteen days without giving reasons.

The period of cancellation is fourteen days from the date of conclusion of the contract.

To exercise your right of cancellation you must inform us (Webasto Thermo & Comfort SE, Friedrichshafener Str. 9, 82205 Gilching, Deutschland, E-Mail:info.de@webasto-charging.com, Tel.: +49 (89) 8 57 94-0, Fax.: +49 (89) 8 57 94-4 48)

In order to comply with the cancellation period, it is sufficient that you send the notice of exercise of cancellation before the expiry of the cancellation period.

Consequences of Cancellation

If you cancel this contract, we will refund all payments we have received from you, including delivery costs (except for the additional costs resulting from your choosing a delivery method other than the cheapest standard delivery offered by us), immediately and at the latest within 14 days from the day we receive notice of your cancellation of this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this refund.

Please keep in mind:

If you have requested that the Services commence during the cancellation period, you shall pay us an appropriate amount corresponding to the proportion of the Services already provided by the time you notify us of the exercise of the right of cancellation under this contract compared to the total scope of the Services provided for in the contract.

If you have cancelled the service in due time during the cancellation period and an appointment has already been agreed between you and the Service Provider, you can only cancel this appointment up to three working days (Mon to Fri without public holidays) at the latest. Otherwise, the appointment must be billed as if it had actually taken place. In this case, i.e. a cancellation with a shorter lead time than two working days in advance, we cannot refund the payments already received for the purchased service.

End of cancellation policy


9.4 The right of cancellation does not apply to the following contracts:

a) Contracts for the supply of goods which are not prefabricated and for the manufacture of which individual choice or destination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,

b) Contracts for the delivery of goods if, after delivery, they were inseparably mixed with other goods due to their nature,

c) Contracts in which the consumer has expressly requested the supplier to be contacted by the consumer to carry out urgent repair or maintenance work; this does not apply to other services provided during the visit which the consumer has not expressly requested or to goods supplied during the visit which are not necessarily required as spare parts during the maintenance or repair.

9.5 In the event of a cancellation of the entire order, the Customer will be fully reimbursed for the flat shipping costs. If part of an order is cancelled, the flat shipping charge will only be refunded if the cancelled goods have actually incurred shipping costs. Shipping costs shall not be reimbursed insofar as the Customer has additionally incurred them because he has opted for a different type of delivery than the cheapest standard delivery offered by Webasto.

10. The Customer’s obligation to co-operate during installation

10.1 It is the responsibility of the Customer to ensure that installation at the installation site is legally permissible and the owner of the building in which the charging station is to be installed agrees to the installation, unless the Customer is the owner of the building.

10.2 Furthermore, the Customer is obliged to cooperate as necessary for the performance of the installation, i.e. in particular to be present at the agreed date, to have provided any necessary personal services that have been discussed with the installation partner during the inspection appointment and to grant the Service Provider's employee access to the premises in which the inspection and/or installation is to take place.

11. Liability

11.1 Claims of the Customer for damages are, as far as legally permissible, excluded. Excluded from this exclusion of liability are claims for damages by the Customer arising from injury to life, body or health as well as liability for other damages, which are based on an intentional or grossly negligent breach of duty by Webasto, its legal representatives or vicarious agents. Furthermore, liability for the breach of obligations remains unaffected, the fulfilment of which is essential for the proper execution of the Contract and on whose compliance the Customer may regularly rely. In the event of a slightly negligent breach of these contractual obligations, Webasto shall only be liable for foreseeable damage typical for the Contract, unless the Customer's claims for damages are based on injury to life, body or health.

11.2 Webasto shall expressly not be liable for damages incurred by the Customer as a result of the fact that he fails to fulfil his obligation to cooperate in accordance with Section 10 of this Contract or fails to do so sufficiently, in particular if installation is not permitted at the intended installation location for legal reasons.

11.3 Paragraph 1 shall also apply in favour of Webasto's legal representatives and vicarious agents if claims are asserted directly against them.

11.4 The requirements of the German Product Liability Act (ProdHaftG) as well as of the German Federal Data Protection Act (BDSG) remain unaffected.

12. Warranty Claims

12.1 The statutory limitation period of two years from delivery of the goods shall apply.

12.2 During the limitation period for claims for defects, the Customer may assert his claims against Webasto due to defects in the goods as follows: via the customer hotline of Webasto at +800 CHARGING (00 800 24274464). Further information is available on the website www.webasto-charging.com.

12.3 If the Customer is an entrepreneur, i.e. if the Customer acts in the exercise of his commercial or independent professional activity when placing his order, claims for defects lapse within 12 months after delivery of the goods. Excluded from this are claims for injury to life, body or health based on a negligent breach of duty by Webasto or an intentional or negligent breach of duty by a legal representative or vicarious agent of Webasto.

12.4 The assignment of claims for defects is excluded, unless the Customer is a consumer.

13. Final Provisions

13.1 These GTC are subject to the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

13.2 If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and Webasto shall be Webasto's registered office.

13.3 The remaining parts of the contract remain binding even if individual points are legally ineffective. The ineffective points shall be replaced, if available, by the statutory provisions.

13.4Complaint procedures via online dispute resolution for consumers (OS): http://ec.europa.eu/consumers/odr/. We are ready to settle disputes with consumers before the following consumer arbitration body. Consumers may contact the following consumer arbitration body for this purpose: https://www.economie.gouv.fr/mediation-conso/liste-des-mediateurs-consommation


Model cancellation form

(If you want to cancel the contract, please fill out this form and send it back.)

To

Webasto Thermo & Comfort SE („Webasto“)
Friedrichshafener Str. 9
82205 Gilching
Deutschland

Postfach 1410, 82199 Gilching
Tel.: +49 (89) 8 57 94-0
Fax.: +49 (89) 8 57 94-4 48

E-Mail: info.de@webasto-charging.com
www.webasto-charging.com

Cancellation

I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*):
 ________________________________________________________
 ________________________________________________________
 ________________________________________________________

Ordered on (*)/received on (*): _______________________________________________
 Name of customer(s): _________________________________________________
 Address of customer(s): _______________________________________________

 ________________________________________
 Signature of customer(s)
 (only on paper)
 Date: __________________________________
 (*) Delete as applicable.

 You can also download the model cancellation form here.

Hotline

+800-CHARGING
00800-24274464

24/7 free of charge for your service