Terms and Conditions for the Supply, Delivery and Updating of Battery Chargers and Accessories

1  Scope of application

 The following Terms and Conditions shall apply to the sale, delivery and updating of charging infrastructure and accessories (hereinafter referred to as “E-Mobility Equipment”) by Volkswagen Group Charging GmbH (hereinafter referred to as “Elli”) to the buyer (hereinafter referred to as “Customer”), regardless of whether Elli personally manufactures the hardware or buys it from suppliers (sections 433 and 650 of the German Civil Code (BGB)). The following Terms and Conditions shall apply only if the Customer is a consumer (section 13 of the BGB).                  

2  Amendments to the Terms and Conditions

Elli reserves the right to amend these Terms and Conditions in a way deemed reasonable for the Customer and exclusively with future effect. Changes will only take effect with the consent of the customer.

3 Subject matter of the agreement

3.1 Elli shall sell and provide the Customer with E-Mobility Equipment under this agreement and provides updates of the E-Mobility Equipment to the Customer; the Customer may order the equipment from the Elli web shop for end customers (hereinafter referred to as “Web Shop”).

3.2 The Customer may access available E-Mobility Equipment, including the associated applicable product specifications, from the Web Shop at any time. Depending on the type of E-Mobility Equipment, software may need to be installed and used in order to access the full range of functions.

3.3 The type and quantity of E-Mobility Equipment Elli provides to the Customer shall be based on individual purchase orders pursuant to item 4.2.

3.4 The following shall apply to the purchase of E-Mobility Equipment with LTE functionality:

The LTE functionality may only be used within the EU member states and in the United Kingdom, Switzerland and Norway. Use in the following European (overseas) territories is not permitted: North Cyprus, the Faroe Islands, the French overseas territories (French Guiana, Polynesia, Tahiti, Guadeloupe, La Réunion, Martinique, New Caledonia, Saint-Barthélemy, Saint-Pierre and Miquelon, Wallis and Futuna, Clipperton Island, and the French Southern and Antarctic Lands), Gibraltar, Greenland, Guernsey, the Isle of Man, Jersey, the Netherlands Antilles (including the ABC Islands and Sint Maarten), the Portuguese territories excluding the mainland, Madeira and the Azores, and the Spanish territories excluding the mainland, the Balearic Islands, the Canary Islands, Ceuta and Melilla.

3.5 If the LTE function is nevertheless used in an unauthorised country, Elli reserves the right to disconnect the LTE connection and block communication via LTE.

3.6 Any use of the LTE data volume provided by Elli for the E-Mobility Equipment for other purposes is prohibited. Any misuse of the data volume will result in the immediate deactivation of the LTE functionality.

4 Conclusion of the agreement

4.1 Elli’s offers disclosed in the service and product descriptions are non-binding. When the Customer orders the E-Mobility Equipment, that shall be deemed to be a binding contractual offer and shall be based on the Customer’s individual purchase orders.

4.2 The Customer may select the E-Mobility Equipment offered by Elli, place it in their shopping basket and order it via the Web Shop. The Customer may complete the order process as a guest or via their Seat customer account.

4.3 If the Customer does not yet have a personal customer account with Seat S.A. (Seat ID account), they can create one before beginning the order process (checkout). The Customer provides an email address and a password for this purpose and then receives an automatic confirmation email from Seat S.A.. The Customer must confirm their email address by clicking on the link contained in the email in order to activate their Seat ID account. This process verifies that the email address provided by the Customer exists. Subsequently and before the Customer will be able to continue the checkout, they must agree that their profile data as provided in the Seat ID account (basic profile, address, telephone number) may be shared with Elli.

4.4 Once this process is complete, the Customer is registered in the Web Shop and can complete the customer data needed for the order, delivery and payment process. Information such as delivery address, billing address, email and telephone number which the Customer provides during checkout will be stored for the Customer in the Seat ID account. When ordering as a guest, the customer data specified in sentence 1 must also be provided by the Customer for order processing. However, the Customer’s personal data will not be stored in the Seat ID account if an order is placed as a guest. Prior to sending the purchase order, the Customer will be given the opportunity to verify and, if necessary, change any and all data (e.g. item name, item quantity, name, address, method of payment). The Customer only submits a binding offer to Elli to conclude a purchase agreement when they click on the “Buy now” field.

4.5 Directly after having received the purchase order, Elli shall confirm receipt of the purchase order by sending a non-binding order confirmation by email. The order confirmation does not constitute an acceptance of the purchase offer submitted by the Customer, until and unless Elli confirms therein not only the receipt but also the acceptance of the offer.

4.6 An agreement will only be deemed to be concluded when Elli accepts the Customer’s purchase order by means of an order confirmation (normally by email) or by delivering the goods. Elli will send to the Customer the text of the agreement, including the invoice, either in this email or in a separate email, however not later than upon delivery of the E-Mobility Equipment, on a permanent data medium (email, PDF). The text of the agreement will be stored in compliance with data protection provisions.

4.7 Invoices will be prepared electronically.

4.8  Elli will verify the Customer’s purchase order and reserves the right to not send a confirmation of acceptance. In this case, no agreement will be concluded. Elli will inform the Customer immediately and will immediately refund any payment which it has already received.

4.9  The agreement will be concluded in English.

5 Delivery, availability of goods

5.1 The delivery period will be agreed individually or specified by Elli upon acceptance of the purchase order. Insofar as Elli states the period in days, weeks or months, the delivery period will be calculated from the time of said statement or the agreement of the delivery period pursuant to sentence 1. The delivery period may, in some individual cases, be approx. nine (9) months after the submission of the binding purchase order by the Customer.

5.2 Insofar as Elli is unable to comply with binding delivery periods for reasons not attributable to Elli (non-availability of the service), Elli will immediately notify the Customer of this and simultaneously inform them as to the foreseeable new delivery period.

5.3 If the E-Mobility Equipment is not available even within the new delivery period, Elli and the Customer shall be entitled to withdraw from the agreement, in full or in part; any payment which has already been made by the Customer will immediately be reimbursed by Elli via the payment method selected by the Customer. A case of non-availability of the service as defined herein shall be deemed to exist, in particular, if Elli fails to receive deliveries in due time from its own suppliers, if Elli concluded a matching hedging transaction, if neither Elli nor the supplier are at fault, or if Elli is not obliged to make the procurement in an individual case.

5.4 Elli will only deliver to customers that have their usual place of residence (billing address) in Ireland and if they are able to provide a delivery address in the same country.

6 Delivery, place of fulfilment, transfer of risk

6.1 Elli will deliver the E-Mobility Equipment to the place communicated by the Customer in the purchase order, which shall constitute the place of fulfilment for the delivery and subsequent performance. The Customer will be informed of the delivery date pursuant to item 5.1.

6.2 The costs and risks associated with the delivery of the E-Mobility Equipment will be transferred to the Customer, subject to item 5. The specific place for the transfer of risk is specified in item 6.1.

7 Prices and terms of delivery

7.1 All prices quoted by Elli on the Web Shop include the statutory value added tax applicable at the time.

7.2 The relevant shipping costs will be disclosed to the Customer in the purchase order form and shall be borne by the Customer, unless the Customer makes use of their right of cancellation.  The Customer may, in addition, view the amount of the shipping costs in the Web Shop.

7.3 In the event of a cancellation, the Customer shall bear the direct costs of returning the goods.

8 Retention of title and transfer of ownership

The E-Mobility Equipment shall remain the property of Elli until the purchase price has been paid in full.

9 Methods of payment

9.1 Elli offers the Customer various methods of payment, each of which is specified in the Web Shop.

9.2 The payment of the purchase price shall be due immediately upon conclusion of the agreement. If the due date of the payment is determined by calendar date, the Customer shall be deemed to be in default as soon as they fail to comply with the deadline. In this case, they shall pay to Elli interest for default in the amount of 5 percentage points above the base interest rate for the year.

9.3 The Customer’s obligation to pay interest for default will not exclude the assertion of other damages incurred by Elli due to the default.

9.4 The purchase price shall be payable in euros.

10  Claims for defects, warranty rights of the Customer

10.1 Elli guarantees that the E-Mobility Equipment is free of defects of material and workmanship and complies with the legal standards.

10.2  Elli shall be liable for material defects according to the applicable legal provisions, in particular, sections 434 ff. of the BGB.

10.3 Any additional guarantee shall only apply to the E-Mobility Equipment delivered by Elli if this was explicitly specified in the order confirmation.

10.4 The E-Mobility Equipment may only be installed, uninstalled, maintained, or repaired by a qualified electrician. Incorrect or improper installation, repair or modification of the E-Mobility Equipment (e.g. due to improper storage, use of non-original spare parts, modification contrary to the intended use, improper implementation of the operating and installation instructions) may void the warranty rights.

10.5 If the Customer exercises its warranty rights in the event of a defect in the E-Mobility Equipment and if the inspection of the E-Mobility Equipment by Elli reveals that the defect in the E-Mobility Equipment is due to improper or faulty installation, uninstallation, repair or maintenance (in particular by personnel who are not appropriately qualified), the Customer shall bear all costs incurred by Elli for the inspection of the defect.

10.6  Elli shall not be liable for defects or damage to the E-Mobility Equipment that are due to normal wear and tear.

11 Customer’s right of withdrawal

11.1 If the Customer has also engaged Elli to install the E-Mobility Equipment and if it turns out, after the conclusion of the agreement, that installation is not possible due to circumstances not attributable to the Customer, the Customer may withdraw from the purchase of the E-Mobility Equipment.

11.2 In the case of item 11.1, Elli will immediately refund to the Customer any amounts already paid and take back the E-Mobility Equipment free of charge if it has already been delivered to the Customer. 

12 Liability

12.1 Elli shall be liable for damages – regardless of the legal reason – in the context of fault-based liability in the event of intent and gross negligence. Elli shall be liable, in the event of simple negligence, subject to the legal limitations of liability (e.g. duty of care in their own matters, minor breach of duty) only

a)    for damages resulting from injury to life, body or health,

b)    for damages caused by the breach of an essential contractual duty (an obligation, the fulfilment of which is essential for the proper performance of the agreement and on compliance with which the contractual partner regularly relies and may rely); in this case, Elli’s liability shall, however, be limited to the reimbursement of the foreseeable damage which is typically incurred.

12.2  The limitations of liability arising from item 12.1 shall also apply to breaches of duty by or in favour of persons for whose fault Elli is responsible according to the legal provisions. They shall not apply if Elli has maliciously concealed a defect or assumed a guarantee for the quality of the E-Mobility Equipment and for claims of the Customer under the Product Liability Act.

12.3  Elli shall not be liable for unforeseeable, indirect damages, consequential damages or lost profit, unless a case pursuant to item 12.1 exists.

12.4  The Customer may only withdraw from or terminate the agreement on account of a breach of duty which does not constitute a defect if the breach of duty is attributable to Elli. Any free right of termination of the Customer (in particular pursuant to sections 650 and 648 of the BGB) shall be excluded. In all other respects, the legal prerequisites and legal consequences shall apply.

13  Software updates

In order to maintain or extend continuous functionality and to ensure the security of the E-Mobility Equipment, Elli reserves the right to perform software updates on the customer's E-Mobility Equipment at regular intervals. The software updates serve exclusively to maintain or extend the functionality as well as the safety of the E-Mobility Equipment.

The E-Mobility Equipment cannot be used for charging during the installation process. The duration of the installation depends in particular on the scope of the software update.

14  Final provisions

14.1 Agreements between Elli and the Customer shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Sales Convention. The legal provisions on restriction of choice of law and on the applicability of mandatory provisions, in particular of the country in which the Customer as consumer has their usual place of residence, shall remain unaffected. Overriding legal provisions, in particular regarding exclusive competence, shall remain unaffected.

14.2  Amendments or supplements to this agreement shall be made in writing. This also applies expressly to any change to the written form requirement. The plea of verbal amendment of the agreement is expressly waived.

14.3  Should any of the provisions of this agreement be or become ineffective, or should a loophole be found in the agreement, the effectiveness of the agreement shall otherwise remain unaffected. The parties undertake to replace an ineffective provision with an effective provision which comes as close as possible to the economic sense and purpose of the ineffective provision. The same shall apply in case of a loophole in the agreement.

Version of August 2021

General Terms and Conditions for the Performance of Charger Installation Services

1 Scope

The following General Terms and Conditions shall apply to the installation of charging infrastructure and accessories by Volkswagen Group Charging GmbH (hereinafter referred to as “Elli”) at the Customer’s premises, regardless of whether Elli performs the installation of the charging infrastructure itself or uses a third party to perform it. The following Terms and Conditions shall apply only if the Customer is a consumer (section 13 of the BGB).

2 Subject matter of the agreement

2.1 Within the framework of the following conditions, Elli shall install the charging infrastructure and related services (hereinafter referred to as “Installation Services”) for the Customer.

2.2 The prerequisite for ordering Installation Services is that the Customer has also purchased charging infrastructure from Elli.

2.3 The Installation Services shall include an individual home check in accordance with item 4 and the installation of the charging infrastructure in accordance with item 6.

2.4 Elli is entitled to have the Installation Services carried out by an authorised specialist company (hereinafter referred to as “Installation Partner”).

2.5 The Customer orders the Installation Services via the Elli B2C Web Shop (hereinafter referred to as “Web Shop”).

2.6 The Installation Services are offered by Elli as a standard installation package at a fixed price.  The corresponding components and conditions of the standard installation package can be viewed by the Customer at any time in the Web Shop and seen in the service description of the Customer’s agreement.

3 Conclusion of the agreement

3.1 Elli’s offers disclosed in the service and product descriptions are non-binding. The order of the Installation Services by the Customer shall be deemed to be a binding contractual offer.

3.2 The Customer may select the Installation Services offered by Elli, place them in their shopping basket and order them via the Web Shop. The Customer may complete the order process as a guest or via their Seat customer account.

3.3 If the Customer does not yet have a personal customer account with Seat S.A. (Seat ID account), they can create one before beginning the order process (checkout). The Customer will provide an email address and a password for this purpose and will subsequently receive an automatic confirmation email from Seat S.A.. The Customer must confirm their email by clicking on the link contained therein, in order to activate their Seat ID account. This process verifies that the email address provided by the Customer exists. Subsequently and before the Customer will be able to continue the checkout, they must agree that their profile data as provided in the Seat ID account (basic profile, address, telephone number) may be shared with Elli.

3.4 Once this process is complete, the Customer is registered in the Web Shop and can complete the customer data needed for the order, delivery and payment process. Information such as delivery address, billing address, email and telephone number which the Customer provides during checkout will be stored for the Customer in the Seat ID account. When ordering as a guest, the customer data specified in sentence 1 must also be provided by the Customer for order processing. However, the Customer’s personal data will not be stored in the Seat ID account if an order is placed as a guest.

3.5 Prior to sending the purchase order, the Customer will be given the opportunity to verify and, if necessary, change any and all data (e.g. name, address, method of payment). The Customer only submits a binding offer to Elli to conclude an agreement when they click on the “Buy now” field.

3.6 Directly after having received the purchase order, Elli shall confirm receipt of the purchase order by sending a non-binding order confirmation by email. The order confirmation does not constitute an acceptance of the purchase offer submitted by the Customer, until and unless Elli confirms therein not only the receipt but also the acceptance of the offer.

3.7  An agreement will only be deemed to be concluded when Elli accepts the Customer’s purchase order by an order confirmation (normally by email) or by performing the Installation Services. Elli will send to the Customer the text of the agreement, including the invoice, either in this email or in a separate email, however not later than upon performance of the Installation Services, on a permanent data medium (email, PDF). The text of the agreement will be stored in compliance with data protection provisions.

3.8  Invoices will be prepared electronically.

3.9 Elli will verify the Customer’s purchase order and reserves the right to not send a confirmation of acceptance. In this case, no agreement will be concluded. Elli will inform the Customer immediately and will immediately refund any payment which it has already received.

3.10 The agreement will be concluded in English.

4 Home check

4.1 Elli offers the Customer a “home check” as part of the standard installation package.  The home check includes a detailed examination and evaluation of the local environment and network infrastructure.

4.2 In order to carry out the home check, the Installation Partner will contact the Customer by telephone or email after conclusion of the agreement in accordance with item 3.7 and arrange an appointment for the home check.

4.3 The execution of the (on-site or remote) home check varies depending on the country and the local conditions at the Customer’s premises. The Customer can check in the Web Shop which variant (on-site or remote home check) will be carried out at the Customer’s premises.

In a remote home check, the local conditions are analysed by means of an online questionnaire, image upload, video call and telephone call.

The on-site home check requires the local presence of the Installation Partner at the Customer’s premises. To carry out the on-site home check, the Installation Partner requires access to the fuse box in particular, as well as to all spaces and outdoor areas relating to the installation.

4.4  Following the home check, the Customer receives a binding assessment from the Installation Partner as to whether it is possible to install the charging infrastructure at their premises.

4.5  Furthermore, the Customer will be informed by the Installation Partner whether it is possible to install the charging infrastructure at their premises within the scope of the standard installation package offered by Elli. If installation of the charging infrastructure requires additional costs, the Installation Partner will submit a binding additional offer to the Customer in the Installation Partner’s own name, which the Customer can accept. The agreement is then concluded between the Customer and the Installation Partner.

5  Customer’s right of withdrawal

5.1 In the cases envisaged by items 4.4 and 4.5, the Customer can withdraw from the installation service agreement with Elli. In such a case, Elli reserves the right to charge a fee for the on-site home check in individual cases.

5.2 The Customer is also entitled to the right according to item 5.1 if the Customer has purchased charging infrastructure from Elli. The Customer may then withdraw from the purchase agreement for charging infrastructure under the same conditions as in item 5.1.

5.3  In the cases envisaged by items 5.1 and 5.2, Elli will immediately refund to the Customer all amounts already paid, less any fee pursuant to item 5.1.

6  Installation

6.1 The installation of the charging infrastructure is carried out by the Installation Partner on site at the Customer’s premises.

6.2 To carry out the installation, the Installation Partner will coordinate with the Customer after the home check has been completed and arrange an appointment for the installation of the charging infrastructure. The appointment will be confirmed to the Customer by Elli and/or the Installation Partner by email or telephone.

6.3 To carry out the installation, the Installation Partner requires access to the fuse box, as well as to all spaces and outdoor areas relating to the installation.

6.4 The installation includes the laying of the cable route from the sub-distribution to the charging station, the installation of legally required fuses, as well as the assembly, electrotechnical acceptance and commissioning of the charging station.

7 Fee and methods of payment

7.1 The Customer pays a one-time fee for the Installation Service (standard installation package). The Customer can see the amount of the fee at any time in the Web Shop and on their order confirmation.

7.2  All prices quoted by Elli on the Web Shop include the statutory value added tax applicable at the time.

7.3 The payment of the fee shall be due immediately upon conclusion of the agreement. If the due date of the payment is determined by calendar date, the Customer shall be deemed to be in default as soon as they fail to comply with the deadline. In this case, they shall pay to Elli interest for default in the amount of 5 percentage points above the base interest rate for the year. Elli reserves the right to assert further claims for damages caused by default.

7.4 The fee shall be payable in euros.

8 Access to the charging infrastructure, obligations of the Customer

8.1 The Customer shall allow Elli and/or the Installation Partner access to the property as well as the charging infrastructure after prior agreement, if this is necessary for the performance of the Installation Services. Access to the property also includes access to switch boxes, distribution boxes and transformer boxes.

8.2 In particular, the Customer is obliged to ensure access to the fuse box and to clear any work spaces that may be affected.

8.3 If the Customer’s charging infrastructure is located on the premises of a third party or in a residential complex, the Customer shall take all reasonable and necessary measures to ensure access to the charging infrastructure in accordance with item 9.1 so that Elli and/or the Installation Partner can properly perform the Installation Services. In particular, the Customer must ensure access to the main distribution board and, if necessary, coordinate this with the responsible caretaker or building management.

8.4 Depending on the type of charging infrastructure, it may be necessary for the installation and proper functioning or commissioning of the charging infrastructure that the Customer grants Elli and/or the Installation Partner access to the Customer’s Internet connection. The Customer shall permit Elli and/or the Installation Partner to use the Customer’s Wi-Fi if this is necessary for setting up the charging infrastructure.

9  Liability

9.1 Elli shall be liable for damages – regardless of the legal reason – in the context of fault-based liability in the event of intent and gross negligence. Elli shall be liable, in the event of simple negligence, subject to the legal limitations of liability (e.g. duty of care in their own matters, minor breach of duty) only

a)   for damages resulting from injury to life, body or health,

b)   for damages caused by the breach of an essential contractual duty (an obligation, the fulfilment of which is essential for the proper performance of the agreement and on compliance with which the contractual partner regularly relies and may rely); in this case, Elli’s liability shall, however, be limited to the reimbursement of the foreseeable damage which is typically incurred.

9.2  The limitations of liability arising from item 9.1 shall also apply to breaches of duty by or in favour of persons for whose fault Elli is responsible according to the legal provisions. They shall not apply if Elli has maliciously concealed a defect or assumed a guarantee and for claims of the Customer under the Product Liability Act.

9.3 Elli shall not be liable for unforeseeable, indirect damages, consequential damages or lost profit, unless a case pursuant to item 9.1 exists.

9.4 The Customer may only withdraw from or terminate the agreement on account of a breach of duty which does not constitute a defect if the breach of duty is attributable to Elli. Any free right of termination of the Customer (in particular pursuant to sections 650 and 648 of the BGB) shall be excluded. In all other respects, the legal prerequisites and legal consequences shall apply.

10  Final provisions

10.1 Agreements between Elli and the Customer shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Sales Convention. The legal provisions on restriction of choice of law and on the applicability of mandatory provisions, in particular of the country in which the Customer as consumer has their usual place of residence, shall remain unaffected. Overriding legal provisions, in particular regarding exclusive competence, shall remain unaffected.

10.2  Amendments or supplements to this agreement shall be made in writing. This also applies expressly to any change to the written form requirement. The plea of verbal amendment of the agreement is expressly waived.

10.3  Should any of the provisions of this agreement be or become ineffective, or should a loophole be found in the agreement, the effectiveness of the agreement shall otherwise remain unaffected. The parties undertake to replace an ineffective provision with an effective provision which comes as close as possible to the economic sense and purpose of the ineffective provision. The same shall apply in case of a loophole in the agreement.

Version of August 2021 

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There might be some challenges for installing a Charger at your home. But don’t worry, we will do our best to find a solution for you! Below you will find our detailed suggestions, please refer to the one that best reflects your answer.

Challenge 1:

It is not allowed to mount a private charge in an off-street parking space in the Republic of Ireland.

How to proceed:

We recommend to check again the possibilities to install the charger in another place. For further information and advice, please contact our customer support.

Challenge 2:

If you are not the owner of the property or do not have the consent of your landlord to carry out the installation then an installation will not be possible.

How to proceed:

Please gain permission before continuing with the purchase.

Challenge 3:

Local conditions are unclear and it may appear that the charger can’t be fitted on a wall, e.g. there is no straight wall measuring at least 30 cm wide, in the vicinity of your vehicle to attach the charger to.

How to proceed:

Usually, the charger needs to be mounted to a wall or a similar surface, which is stable enough to hold a wallbox. In case there’s nothing like this close to your parking spot, our local installation partner will try to recommend a suitable alternative, although this mean the installation falls outside our standard installation package. We recommend to continue with the order and clarify details during the home check with our installation partner. You may cancel the order if any costs exceed your expectations.

For further information, please contact our customer support.

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Regardless of the result, both we and our installer will do our best to make an installation possible.

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The OLEV grant will reduce the cost of your Seat Charger Pro and its installation by £350. We can apply on your behalf for the grant in case you meet the following requirements. Please check them and confirm your eligibility. To learn more about the OLEV grant scheme please have a look at the section Financial Support or find out more on the OLEV website.

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