AGB

New Inergy GmbH, Duisburger Str. 13, 68723 Schwetzingen, Germany

 

info@newinergy.de

 

Company Registration Number: HRB 739413, Registergericht: Amtsgericht Mannheim,

 

1. General

 

These Terms of Use (the “Agreement”) are entered into between the entity/person using or accessing the Services (the “User” or “You”) and New Inergy GmbH (“New Inergy” or “we”), collectively referred to as the “Parties” or each a “Party”.

 

This Agreement together with the New Inergy GmbH Privacy Policy governs your use of the services operated by New Inergy (“Services”). These Services may include mobile applications and/or websites operated by New Inergy under its own brand or under its partners’ brands. The Services include features such as user portals, content, and user interfaces, associated with Click2Charge, our platform for electric vehicle drivers and charge point operators, where users can manage and find charge points to start and pay for charging electric vehicles.

 

2. Acceptance

 

By registering for the Services and accepting this Agreement, you enter into an agreement with New Inergythat allows you to use the Services. All transactions related to the Services, including but not limited to initiating charging sessions are governed by this agreement. Registration without explicit acceptance of this Agreement is not possible.

 

When you make an order for the charging of an electric vehicle through the Services, whether at a public charge point (public charging) or a private charger (private charging) New Inergy acts as a facilitator to manage your charging experience on behalf of the Operator or the private wallbox owner, including overseeing the process and any related transactions.

 

If during the process of public charging New Inergy receives a payment on behalf of an Operator, such payment discharges your obligation towards the Operator. When you make an order to charge an electric vehicle at a charge point not integrated into the New Inergy platform, New Inergy acts as an e-mobility provider (EMP), and the sale of electricity is concluded directly between you and New Inergy.

 

3. Prices 

 

Click2Charge is free for personal use and enterprises with charging stations branded as DaheimLader or Injet purchased from New Inergy, but may charge for certain Services, such as transaction fees for facilitating the sharing of charge points with other users.

 

For enterprises, businesses, and other partners with charging stations that are not branded as DaheimLader or Injet, Services may be subject to monthly subscription plans and usage fees as agreed. 

 

Premium services will also apply to charging stations branded as DaheimLader or Injet (e.g., public charging, integration into roaming networks, sponsored charging for employees, or managing more than three EV charging stations). These services may be subject to monthly subscription plans and usage fees as agreed upon.

 

For consumers, all applicable prices are listed inclusive of VAT. For businesses, applicable prices are exclusive of VAT unless otherwise stated. All prices are indicated on the Services before a charging process or any other transaction is initiated. New Inergy estimates the charging price before the start of a charge and reserves the necessary amount.

 

Before a public charging process is initiated, prices will be displayed as fees per kWh of consumed energy, parking fees for time of parking at the charging station, and if applicable, session starting fees and time-of-charging fees. There may also be reservation fees if the User reserves a charging station but does not show up or overstays. The final price of the charging service depends on actual usage, such as the amount of energy consumed.

 

New Inergy will issue a receipt for each charging transaction.

 

4. Billing

 

New Inergy may charge you using various payment methods, such as your Wallet, debit/credit card, or by invoice.

 

Invoices may be sent by New Inergy via mail or email and are also accessible in your user account. Full payment for invoices must be received by New Inergy within fifteen (15) days of the issue date, unless otherwise stated or agreed. The due date will be clearly indicated on the invoice. Unpaid amounts may incur a charge of 1.5% per month on the outstanding balance or the maximum permitted by law, whichever is lower, plus all expenses of collection, and may result in the immediate suspension of the Services.

 

New Inergy may suspend access to the Services with immediate effect if the User fails to pay any fees invoiced. Suspension does not relieve the User from the obligation to pay any outstanding amounts.

 

5. Obligations

 

You are responsible for providing complete and accurate information as required by New Inergy to supply the Services.

 

It is your responsibility to ensure that the registered payment method is valid and has sufficient balance. If payment fails, New Inergy reserves the right to suspend your access until the overdue balance is fully paid.

 

You are responsible for complying with parking restrictions and regulations at the charging station.

 

You must use the charging station according to the provided instructions and ensure the station is suitable for your vehicle. If the charging station is damaged or defective, you should inform New Inergy.

 

You must protect your Click2Charge account from misuse and promptly notify New Inergy of any detected misuse. You are responsible for securing your account and ensuring that others do not gain access.

 

You are obligated to notify New Inergy immediately if you suspect that your account or charging key has been misused or accessed by an unauthorized person. New Inergy may block your access in such cases to prevent further misuse.

 

In the event of loss of your charging key or mobile phone where the application is installed, you must notify New Inergy immediately to prevent further misuse.

 

6. Liability

 

The use of the Services is the sole responsibility of the User. The Services are provided “as is” and may be modified, updated, interrupted, suspended, or discontinued at any time without notice or liability.

 

To the fullest extent permitted by law, New Inergy excludes all implied warranties and conditions. New Inergy(or its affiliates, licensors, or suppliers) is not liable for any loss of profits, contracts, business, or indirect, incidental, or consequential damages arising from or related to this Agreement or the Services.

 

7. Force Majeure

 

Neither party will be liable for any delay or failure to perform obligations under this Agreement (except payment obligations) if such failure is due to causes beyond its reasonable control, including but not limited to natural disasters, war, strikes, government action, or telecommunications outages.

 

8. Termination

 

This Agreement may be terminated by either party at any time without notice. Upon termination, you will no longer have access to the Services.

 

Termination does not affect existing claims related to charging sessions initiated before termination.

 

9. Data Protection

 

New Inergy and commissioned service providers will process data in accordance with GDPR and applicable national data protection legislation. Personal data and transactional details may be shared with partners for the purpose of activating charge points, resolving issues, and invoicing.

 

For more details, see our Privacy Policy.

 

10. Waiver

 

New Inergy’s decision not to enforce any provision of this Agreement does not constitute a waiver of that provision.

 

11. Assignment

 

The User may not transfer any rights or obligations under this Agreement to a third party without New Inergy’sprior written consent.

 

12. Severability

 

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in effect.

 

13. Consumer Withdrawal and Complaint Rights

 

You have the right to withdraw from a purchase of physical goods within fourteen (14) days of receipt, by notifying New Inergy. You must return the goods at your own expense. New Inergy will refund the payment within fourteen (14) days of receiving the returned products.

 

For charging services, the right of withdrawal ceases once the service is completed. If you request the service to start before the withdrawal period expires, you may still be charged for the portion of the service provided.

 

Complaints about defects must be directed to New Inergy at the provided contact details.

 

14. Wallet

 

The Click2Charge Wallet is a virtual payment method used for charging services. The Wallet can be funded by credit card or other accepted payment methods and can be used only within the Click2Charge app. Users may not hold more than EUR 250 in their Wallet at any time. A Wallet with a negative balance must be settled immediately.

 

Funds must be used or withdrawn within five years of the top-up date or they will expire.

 

The User is responsible for reviewing transactions and reporting any misuse or errors promptly.

 

15. Governing Law and Jurisdiction

 

This Agreement is governed by the laws of Germany. Any disputes arising from or in connection with this Agreement shall be settled in the courts of Mannheim, Germany.

 

16. Changes to These Terms

 

New Inergy may update this Agreement from time to time. Updates will take effect immediately upon posting, and continued use of the Services indicates acceptance of the updated terms.