1. RECITALS
1.1. These general terms and conditions (“T&C”) govern:
i. the use of the website www.esolutionscharging.com (“Site”);
ii. the purchase of products and services sold via the Site;
iii. the use of the “eSolutions Charging” software application (“App”).
1.2. Before browsing the Site or proceeding with a purchase, please carefully read:
(a) the T&C;
(b) the cookie policy (available here); and
(c) the personal data protection policy (available here) (together with the cookie policy, the “Data Protection Policies”).
1.3. We recommend you save the T&C, the Data Protection Policies and all the contractual documents relating to your purchases on a durable medium, for example by saving them on the hardware of the device from which you are connecting.
1.4. The T&C, the Data Protection Policies and the content of the services referred to in Article 4.1 below may be modified, supplemented and updated (“Changes”) over time, with justification such as: a change in the legal or regulatory framework, a development or change in the features of the services/products or networks under which they are sold, a change in the technical and commercial costs incurred for the provision of services/products, as well as for technical or safety requirements. Should the Changes have a non-negligible impact on existing contracts and/or on the use of the Site and/or on the use of the App, we will inform you, clearly and comprehensively, at least 30 days before they enter into force, by means of a message to the e-mail address associated with your account and a notification in the App. Should you not agree with the Changes, you will be entitled to terminate the existing contract within 30 days of receiving the relevant information.
1.5. We remain at your complete disposal to respond to any of your requests, doubts or needs for clarification regarding the T&C, the Data Protection Policies and otherwise regarding the use of the Site; you can contact us via the details provided in Article 2 below.
2.1. Free2move eSolutions S.p.A., with its registered office in Milan at Piazzale Lodi, 3, Tax Code and VAT number in the Companies Register of Milan, Monza, Brianza, Lodi 11479180967, share capital of €32,755,531 (fully paid-up) (“F2MeS”).
2.2. Contact details:
(a) telephone number: +39 800 920 155, open from Monday to Friday, from 08:00 to 20:00;
(b) e-mail address: esolutionscharging.app.support@f2m-esolutions.com;
(c) contact form: available here.
2.3. All contact details may change over time, but are also available in the “contacts” section of the Site, available here.
3. ACCURACY OF CONTENT
3.1. We make every reasonable effort to ensure the best browsing and shopping experience for our users, and constantly attempt to improve ourselves.
3.2. Specifically, we make every effort in order that:
(a) the information published on the Site is accurate and kept up to date. However, it cannot be guaranteed that no errors whatsoever will occur. As such, the published information and documents may contain inaccurate data or typographical errors. Please therefore check very carefully all the information and documents that we publish and do not hesitate to contact us immediately if you have any doubts or require any clarification;
(b) the use of the Site is safe and seamless. However, access to and navigation on the Site may be interrupted, in whole or in part, and the said Site and the server whereby it is provided may be attacked by viruses or other harmful elements. At all times, please therefore take the precautions that every user of websites should normally follow (for example, installing suitable antivirus software on your device) and notify us immediately if any of the aforementioned circumstances occur.
4.1. Making purchases on the Site and use of the Services is exclusively reserved for adult natural persons.
5. PROCESS TO PURCHASE THE SERVICES
5.1 The Site includes:
i. an indication and precise description of the services (“Services”) that we offer for sale from time to time;
ii. an indication and precise description of the offers we may make for the purchase of the Services (“Offers”).
5.2 To purchase the Services, you must:
i. register on the Site, on the appropriate page, and create a personal account. To do so, you will need to provide the following details: given name, surname, telephone number, e-mail address, password for your personal account;
ii. read and accept the T&C and view the Data Protection Policies;
iii. identify and subscribe to the Offer that you believe matches your requirements.
iv. select the payment method from those available and enter your payment details for a direct debit for the Offer as indicated on the Site.
v. before confirming your order, carefully check the accuracy of the details entered, that the Offer corresponds to what you wish to purchase, the total price and any other contractual aspect, and confirm that you are subscribing to the Offer.
vi. Subscribe to the Offer by clicking the "buy" button, with an obligation to pay.
Instructions for registering and signing up for the Service are available in the “FAQ” section of the Site.
5.3. After completing the procedure set out in Article 5.2 above, you will receive an e-mail to confirm activation of the Offer, including:
(a) a copy and confirmation of the Offer you have selected;
(b) a copy of the T&C you have accepted and the form to exercise your right of withdrawal;
(c) instructions to download the App.
5.4 Should you enter false data when registering for the Site and/or when subscribing to the tariff plans, we reserve the right to terminate the contract. In this regard, if we believe that you have entered false details, we will promptly e-mail you with notice consisting of all the relevant information. You will have five (5) days to explain your reasons. Should it not be possible to send you an e-mail, we will contact you by telephone. In the event that we are unable to contact you, if you do not provide any clarification or if it is otherwise ascertained that the details are false, we will terminate the contract, disable your Account and reimburse you for the amounts we have received corresponding to the unused proportion of the Services.
5.5 NB: you will only start using the Services once 14 days have elapsed since you subscribed to the Offer (i.e. after the “Withdrawal Period” referred to in Article 7 below). Should you wish that the provision of the Services commence during the Withdrawal Period, you must make an express and explicit request as such, by clicking in the relevant box provided during the purchase process. Should you then wish to exercise the right of withdrawal referred to in Article 7 below after requesting the immediate activation of the Services, you will be required to pay us (i.e. we will deduct from your account) an amount for the Services you have used until we receive your notice of withdrawal. The said amount will be calculated in proportion to the total price agreed.
6.1. The cost of the Offer includes VAT and any additional taxes as applicable.
6.2. Payment can also be made by credit card. To reduce the risks of unauthorized access, card data will be encrypted.
6.3. Payment for the Services is made automatically, using the payment method you selected in advance and associated with your Account, and is subject to a pre-authorization, as described below in article 6.4.
6.4. In order to verify the capacity of your credit/debit card, F2MeS will make a pre-authorization (by temporary freezing a specific amount on your credit/debit card) based on the selected Offer please note that the pre-authorized amounts will be immediately released at the end of the charging session. In particular:
6.4.1. In case of Pay per Use (activated by selecting the Offer so-called “Pay as You Move Beginner”), upon charging session request, F2MeS will request a pre-authorization amounting to euro 50, in relation to AC chargers, and euro 100, in relation to DC chargers.
Following the pre-authorization:
· if the Customer recharges for an amount lower than the pre-authorized amount, part of the pre-authorization will be transformed into a charge and the pre-authorized amount in excess will be released at the end of the charging session;
· if the Customer recharges for an amount greater than the pre-authorized amount, F2MeS will cancel the pre-authorization request and will charge an amount equal to the price of the recharged kWh, increased by the amounts, if any, described in art.9.3 of these T&Cs.
· At the end of the charging session, an e-mail containing all the relating details will be sent to the Customer. Such details will be available also on the charging session history section of the APP.
6.4.2 In case of Pay as You Move Advanced Offer activation (subscription Offer), F2MeS will make:
(i) at the moment of the Offer subscription request, a pre-authorization having the same value of the cost of the first month of subscription, based on the selected Offer; the charge equal to the cost of the first month will be offset against the pre-authorized amount; an e-mail containing the relating details will be sent to the Customer;
(ii) upon charging session request and before starting the session, a pre-authorization as described in article 6.4.1.
6.5. Should the pre-authorization be unsuccessful, the charging session will be not allowed until the Customer corrects the payment method by inserting a valid credit/debit card.
6.6. Should the payment be unsuccessful, no further charging sessions will be allowed until the overdue amount has been paid. An email containing the relating details will be sent to the Customer.
Please note that your Account will be suspended until you provide a new valid payment method. Otherwise, should the suspension exceed the limit of 30 days, we will exercise the right to terminate the contract in accordance with Art. 1454 of the Italian Civil Code, subject to notice to comply within a minimum period of 15 days.
6.7. In case you’d like to receive the invoice of the current month, you shall send the relating request by the 20th day of the month to the following address: customer-f2mes@f2m-esolutions.com, indicating your invoicing details. Customers subject to the Italian law shall indicate the SDI code.
For those who are subject to the Italian law (which correctly indicated the SDI code) the relevant invoice, containing details on your transactions (credits/debits) performed during the month, will be available on the dedicated section of the Italian “Cassetto Fiscale”.
For those who are not subject to the Italian law, the relevant invoice, containing details on your transactions (credits/debits) performed during the month, will be sent end of month to the e-mail address indicated during the Account creation process.
Please note that you can request only invoices relating to the month during which the request will be sent.
Right of withdrawal provided for by law
7.1. In accordance with Articles 52 to 59 of the Italian Consumer Code, if you are a consumer you are entitled to withdraw from the Offer without justification and without incurring any costs, other than as indicated below, within 14 days (“Withdrawal Period”). The said period of 14 days begins on the day on which you subscribed to the Offer.
7.2. To exercise the said right, simply send us notice of your express declaration that you wish to withdraw from the contract (including by using the form provided at the end of the T&C) (“Notice of Withdrawal”).
To enable us to handle your withdrawal promptly, please notify us by e-mail to: esolutionscharging.app.support@f2m-esolutions.com. Alternatively, you can:
(a) use the contact form provided on the Site. In this case, we will promptly confirm receipt, on a durable medium, of the withdrawal exercised;
(b) send a registered letter with acknowledgement of receipt.
7.3. Upon receipt of the Notice of Withdrawal, F2MeS will send an e-mail acknowledging your request and will disable the Service.
7.4. If you have made an express request to use the Services during the Withdrawal Period, we will charge you the related costs as provided for in Article 6.5 above.
Withdrawal from indefinite contracts
7.5. Where the Offer provides for an indefinite term of the contract, you may withdraw from the said contract (at no additional cost), at any time and at your sole discretion, in the same manner as set out in the Notice of Withdrawal. In this case, however, the disabling of the Service will take effect on the expiry date of the month in which the Customer has sent the Notice of Withdrawal. Consequently, until that date the Customer will be able to use the Service and will not receive any refund of the amount paid. Withdrawal by the Customer will result in the deactivation of the Account, and the automatic dissolution of the contract and of any relationship resulting from or in relation to the Service.
8.1. We are liable for any lack of conformity of the Services that occurs at any point during the contract. In all cases, you must take action within 26 months of the last provision of the Services.
8.2. We are obliged to provide you with Services in accordance with the contract, without undue delay after the conclusion of the said contract. The Services are in accordance with the contract if, inter alia, they correspond to the description and fulfil the functionality, compatibility, interoperability and other features referred to in the said contract or as can be reasonably expected. We are duty-bound to keep you informed of available updates, including safety updates, required to maintain the conformity of the Services and to provide you with such updates.
8.3. In the event of a lack of conformity, you are entitled to the conformity of the Services being restored, free of charge and without significant inconvenience, to receive a reasonable reduction in the price, or to terminate the contract.
8.4. To exercise the right to terminate the contract, simply send us a declaration expressing the said wish.
8.5. Any refunds due to a reduction in the price or due to the termination of the contract will be made within 14 days of our receipt of notice of your decision and we will pay the said refunds via the same payment method that you used to conclude the contract.
8.6. While you are using the Services, F2MeS: (i) will inform you of available updates, including safety updates, required to maintain the conformity of the Services, specifying the consequences arising from non-installation; will provide you with these updates, with the relevant instructions for proper installation. Once these services have been performed, F2MeS may not be held liable for any lack of conformity arising solely from failure to provide the relevant update.
9.1 The right to use the Services is personal and non-transferable. You are prohibited from reselling or making any other commercial use of the Services.
9.2 It is strictly prohibited: (i) to communicate your login credentials (eSolutions Charging username and password) to any third parties; (ii) to access the App simultaneously from multiple devices.
9.3 If the Vehicle remains at the Charging Point for a period longer than as indicated in the Map Section (which can be viewed by clicking on each Charging Point), extra costs (i.e. parking), clearly indicated in the App before starting the charging session, may be applied by the operator of the Charging Point and will be charged directly to the credit card the details of which you provided upon registration (hereinafter, “Extra Costs”).
10. CHARGING CODES & ENERGY CARD. OVERVIEW AND METHODS OF ACTIVATION
CHARGING CODES
10.1 If you have a credit to use for public charging ("Charging Code"), you can use the Services free of charge, according to the methods and within the limits specifically indicated in the relevant information material and in this section.
10.2 To use the Service provided to you by means of the Charging Code, you must subscribe to the Offer known as "Pay As You Move Beginner" or the "Pay As You Move Advanced" Offer, the terms and conditions of which we invite you to read carefully on the Site or on the App and which – broadly – provide for the charging (i) of the costs of each charging session, according to the prices applied to the charging point you use (in addition to the tariff requested by F2meS depending on the offer subscribed to) and (ii) of any Extra Costs (as set out in Art. 9.3 above).
10.3 When subscribing to the "Pay As You Move Beginner" Offer or the "Pay As You Move Advanced" Offer, you must enter the unique alphanumeric code you received with your Charging Code (the "ID Code").
10.4 The ID Code must be redeemed within the activation period indicated when it was delivered ("Activation period").
10.5 The credit reserved for you must be used within the period indicated when the ID Code was delivered ("Period of Use").
10.6 Except as provided for each initiative, the ID Code does not cover the Extra Costs, which will be charged directly to the payment method you indicated when activating the offer.
10.7 At the end of the Period of Use, you will continue to use the Services according to the terms, conditions and costs of the subscribed Offer referred to in paragraph 10.2, without prejudice to the right to withdraw from the contract or to modify the Offer. You can check the remaining credit for your Charging Code at any time in the "Active Subscriptions" section of the eSolutions Charging app.
10.8 In the event of partial use of the credit provided to you by means of the Charging Code, upon the expiry date of the same, you will not be entitled to any kind of refund for the remaining unused credit, which will be cancelled.
ENERGY CARDS
10.9 If you are a beneficiary of the service called "Energy Card", in order to activate the Service – according to the instructions in the User Manual supplied by your employer – you must: (i) download the F2meS App; (ii) create a new account on the F2meS App according to the terms and conditions set out therein; (iii) associate the unique alphanumeric code received with your Energy Card ("Pairing Code") to your account; (iv) associate the RFID to your account.
10.10 The Service must be activated, by associating the Pairing Code to your account, within 12 (twelve) months of you receiving the Pairing Code from your employer.
10.11 The Cost of the Service will be agreed between you and your employer based on company policies.
10.12 At the end of the Energy Card’s term of use, the duration of which may vary based on agreements between your employer and F2meS, you can continue to use the F2meS Services by activating your personal account and subscribing to one of the offers referred to in paragraph 10.2
11. PROCESS TO PURCHASE THE PRODUCTS
11.1 The process to purchase the Products consists of the following steps:
i. carefully select the Products you intend to purchase, by reading the information provided on the Site to check the features, the arrangements for use, the possibility that extra work may be required, the total price and any limitations on the purchase (for example, if the Product is only available for a limited period of time, if it is reserved for a specific category of customers or if there are delivery restrictions);
ii. add the preferred Product to your basket;
iii. enter the address where you wish to receive the Products and check delivery times and costs, where applicable;
iv. accept the T&C and read the Data Protection Policies, where applicable;
v. select one of the payment methods indicated on the Site;
vi. before confirming the order, carefully check the selection made, the total price including shipping fees (where applicable) and all other aspects of the contract;
vii. submit the purchase order. In this regard, please note that submitting the order constitutes an obligation to pay, as expressly indicated beside the “Confirm” button.
11.2 After completing the procedure set out in Article 12.1 above, you will receive an e-mail to confirm your purchase, including:
(a) full information regarding the purchase, including the delivery date;
(b) a copy of the T&C you have accepted;
(c) a copy of the purchase invoice.
Right of withdrawal provided for by law
12.1 In accordance with Articles 52 to 59 of the Italian Consumer Code, if you are a consumer you are entitled to withdraw from the contract for the purchase of the Products without justification and without incurring any costs, other than as indicated below, within 14 days. This period of 14 days starts from the day on which you – or a third party other than the carrier, designated by you – acquire physical possession of the Products; or if they are delivered separately or if you purchase several Products in a single order which are delivered separately, from the day on which you – or a third party other than the carrier, designated by you – acquire physical possession of the last Product purchased.
12.2 To exercise the said right, simply send us notice of your express declaration that you wish to withdraw from the contract (including by using the template withdrawal form provided at the end of the T&C).
To enable us to handle your withdrawal promptly, please notify us by e-mail to: esolutionscharging.app.support@f2m-esolutions.com. Alternatively, you can:
(a) use the contact form provided on the Site. In this case, we will promptly confirm receipt, on a durable medium, of the withdrawal exercised;
(b) send a registered letter with acknowledgement of receipt.
12.3 You are only responsible for the decrease in the value thereof resulting from handling other than as required to establish the nature, characteristics and functioning of the Products in accordance with Article 57, paragraph 2 of the Italian Consumer Code. As such, without prejudice to the termination of the contract and the return of the Products, you will be required to reimburse us for the relevant decrease in value should the said Products be damaged.
12.4 You must send us the Products within 14 days of the date on which you notified us of your decision to withdraw from the contract. NB: you will be liable for the costs relating to the return of the aforementioned Products. We request that you:
(a) package the Products (if possible, with the original packaging, labelling, accessories, user manual and warranty, where applicable). Use of the original packaging will limit the risk of any damage during shipping;
(b) take into account any return instructions that we may send you. We suggest you return the Products in such a manner that you receive acknowledgement of receipt.
12.5 We will refund any amounts you have paid within 14 days of the date on which we receive the Products, or of the date on which you can prove that you have sent them, if earlier. The refund will be made via the same means of payment used for the original transaction, unless an alternate arrangement has been made with you. In any event, you will not incur any costs as a result of the refund.
13.1. If you are a consumer, you are entitled to the legal warranty for conformity in accordance with Articles 128 et seq. of the Italian Consumer Code. We suggest you retain a copy of the documents relating to the purchase of the Offer.
13.2. On the basis of the said rules, we are liable to you for any lack of conformity that occurs within 2 years of delivery of the Products. NB: your entitlement to the legal warranty is proscribed, i.e. it can no longer be exercised, should you not report the lack of conformity within 26 months of delivery.
13.3. You may report the lack of conformity by any means of communication: by registered letter with acknowledgement of receipt, by e-mail or using the online form. Otherwise, our customer services can be contacted using the details set out in Art. 2.2.
13.4. WE remain responsible for checking whether the fault depends on a lack of conformity. Specifically:
(a) for defects that occur in the first year from the delivery date of the Products, checking will remain at our expense at all times, given the assumption that the said defects existed upon delivery;
(b) once one year has elapsed since delivery, we reserve the right to request a refund of the cost
– indicated in advance – incurred for checking only in the event that the fault does not result from a lack of conformity.
13.5. At your discretion and without incurring any expense, you may request repair or replacement, unless the remedy requested is objectively impossible or incurs disproportionate costs on us in relation to the other party, taking into account all the circumstances and specifically as follows:
(a) the value of the Products should no lack of conformity have occurred;
(b) the extent of the lack of conformity;
(c) the possibility that the alternative remedy could be made without significant inconvenience to you.
13.6. Repairs or replacements will be carried out within a reasonable period of time from the request, without you having to bear any costs and without causing you significant inconvenience.
13.7. At your discretion, you may request a reasonable reduction in the price or the termination of the contract where one of the following situations occurs:
(a) we have not carried out or have declared that we do not intend to carry out the repair or replacement;
(b) despite our intervention, a lack of conformity recurs;
(c) the lack of conformity is sufficiently serious as to justify an immediate reduction in the price or the termination of the contract.
13.8. Our obligation to provide you with the legal warranty of conformity also includes the removal of the installed Products and the installation of the repaired or replaced Products, or the obligation to bear the costs of removal or installation. You will not be required to pay any amount for the normal use of the replaced Product in the period prior to the replacement thereof.
The App can be used to access the following features:
i. Charging of the electric/hybrid vehicle associated with the software application known as “eSolutions Charging” (“App”), at public charging stations, both direct current (DC fast charging) and alternating current (AC charging) (the “Charging Points”), as indicated by the “eSolutions Charging” App within the desired search range;
ii. The option to use the Service alternatively by means of an RFID card that can be associated with the Account in the App;
iii. The map of the Charging Points and section of general information relating thereto (i.e. availability, connector type, charging or parking fees, costs for other services located nearby);
iv. Saving of your favorite Charging Points;
v. Unlocking the Charging Point to start and stop the session via the eSolutions Charging App/RFID card;
vi. A timer with notification at the end of charging (the notification does not stop the charging session, which must be performed manually);
vii. The charging session history section.
For as long as you use the App, F2MeS: (i) will inform you of available updates, including safety updates, specifying the consequences arising from non-installation; (ii) will provide you with these updates, with the relevant instructions for proper installation. Once these services have been performed, F2MeS may not be held liable for any lack of conformity arising solely from failure to provide the relevant update.
14. INTELLECTUAL PROPERTY
14.1 By accessing the Site, you acknowledge and agree that all copyright, trademarks and any intellectual property rights to the materials or content presented as an integral part of the Site are owned by us or by those who have granted us a license to use them.
14.2 The Customer expressly acknowledges that all intellectual and industrial property rights arising from and/or related to the Service, the App, the dedicated website and its content (such as layout, images, photographs, works, videos, graphics, colours), trademarks and distinctive signs of F2MeS, promotional correspondence and its content, software, source code, hardware, applications, patents, formulae, algorithms, models, databases, materials from F2MeS or otherwise made available to the Customer by F2MeS (the “IP”), are and remain the property of F2MeS and of the entities of which it is the legitimate licensee. The Customer may not copy, reproduce, alter, modify, disassemble, sell, assign, license, confer, transfer to third parties or create derivative works from the IP and/or from anything owned by F2MeS and/or the entities of which it is the legitimate licensee, nor permit third parties to do so by means of the Customer or their electronic device.
15.1. The use of the Site and purchases made thereby are governed by Italian law.
15.2. If you are a consumer, for any dispute arising from or relating to the use of the Site and/or the making of a purchase, jurisdiction resides with the court of your place of residence or domicile, if in Italy.
15.3. As required by Regulation (EU) No 524/2013, it is possible to attempt an out-of-court resolution of any disputes via the European Online Dispute Resolution (ODR) platform, at http://ec.europa.eu/consumers/odr.
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(only complete and return this form if you wish to withdraw from the contract) FAO:
Piazzale Lodi, 3
20137 Milan Italy
by e-mail to esolutionscharging.app.support@f2m-esolutions.com or by registered letter with acknowledgement of receipt
I hereby give notice of withdrawal from the contract relating to the Offer to which I am subscribed: Consumer name:
Consumer address:
ID number:
Consumer signature (only where this form is issued on paper) Date