This document constitutes the Specific Terms of Sale under which Enovos Luxembourg S.A., a company under Luxembourg law with its registered office at 2 Domaine du Schlassgoard, L-4327 Esch-sur-Alzette, Grand Duchy of Luxembourg, registered in the Luxembourg Trade and Companies Register under number B 44.683 (“Enovos”) sells its “enodrive zen” Service to the Customer (as this term is defined in the General Terms of Sale). By Subscribing to the enodrive zen Service, the Customer accepts these Specific Terms of Sale, which form an integral part of the purchase contract relating to the enodrive zen Service, together with the General Terms of Sale. Under the contract, Enovos acts as a charging service provider, within the meaning of Article 1 of the amended Grand-Ducal Regulation of 3 December 2015 on public infrastructure relating to electric mobility.
1.1. "enodrive zen Application" or "Application" means the mobile application associated with the enodrive zen Service, downloadable free of charge from the App store and Google Play, which lists on an Interactive Plan all the Chargy and Roaming network charging points accessible via the enodrive zen Service. The application allows the Customer to view his/her charging and billing history by logging into his/her Customer Account.
1.2. “Blocking" means Enovos suspending the functionality of the enodrive Zen Service in accordance with Article 5.
1.3. "enodrive zen Card" or "Card" means the card giving access to the enodrive zen Service allowing access to the charging stations of the Chargy and Roaming networks as well as to the mobility services offered by the Verkeiersbond in Luxembourg.
1.4. "Chargy" means a network of public charging stations including a computer platform in Luxembourg. The charging stations accessible in the Chargy network are marked by the Chargy logo or by the Chargy OK logo. For more information, go to the website https://chargy.lu/en/.
1.5. "Customer Account" means the Customer's personal account linked to the enodrive zen Service, allowing him/her to access the functionalities of the enodrive zen Platform and Application.
1.6. "Payment Method" means the payment method chosen by the Customer for the payment for charging made on the Chargy network and on the Roaming network via the enodrive Zen Service. Payment can be made either by SEPA mandate through a bank account or by direct payment by credit card. Selecting of a Payment Method and providing valid personal banking details are mandatory in order to take advantage of the enodrive zen Service.
1.7. "Interactive Map" means an interactive map on which all the charging stations of the Chargy network in Luxembourg and the Roaming network abroad appear. This interactive map allows the Customer to consult the location, availability and main characteristics (types of connectors, power, etc.) of each charging station. The Interactive Map can be consulted using the enodrive Zen Platform and Application.
1.8. “Platform” means the online platform associated with the enodrive zen Service, which can be accessed at my.enodrive.lu, allowing the Customer to view his/her detailed charging and billing history and consult the Interactive Map by logging into his/her Customer Account.
1.9. "Card Price" means the purchase price of the enodrive Zen Card as set out in Article 4.
1.10. “Charging Price" refers to the price of electrical charging made using the enodrive Zen Service at the Chargy and Roaming network recharging stations, as set out in Article 4.
1.11. "Roaming" means an international network of operators of charging infrastructures located abroad and accessible with the enodrive Zen Service. All the Roaming network charging stations accessible in the various countries appear on the Interactive Map that can be consulted using the enodrive Zen Platform and Application.
1.12. "enodrive zen Service" or "Service" means the provision by Enovos to the Customer of all the enodrive zen functionalities enabling him/her to access the charging stations of the Chargy network and the Roaming network in order to charge his/her Electric Vehicle under the conditions of this contract. This Service includes access to the my.enodrive.lu Platform and the enodrive Zen mobile Application, as well as use of the enodrive zen Card.
1.13. "Subscription" means the purchase by the Customer of the enodrive zen Service in accordance with Article 3.
1.14. "Electric Vehicle" means any electric vehicle or plug-in hybrid electric vehicle that can be charged at an electric charging station.
2. Description of the enodrive zen Service
2.1. Access to charging stations and charging process
2.1.1. The enodrive zen Service allows the Customer to charge his Electric Vehicle at any of the charging stations of the Chargy network in Luxembourg and the Roaming network abroad.
2.1.2. The Interactive Map that can be consulted via the Platform and via the Application enables the Customer to identify the available charging stations, their main characteristics (types of connectors, power, etc.) and to locate them in order to get there.
2.1.3. The process of charging at the available stations can always be started using the enodrive zen Card. At some charging stations, the charging process can also be started by scanning the QR code displayed at the charging station, or by activating directly in the Application. In all cases, the charging process will be started provided that the charging station selected is functional and that the Customer has connected his/her Electric Vehicle to it in compliance with the operating rules of the station.
2.1.4. The charging process ends when the Electric Vehicle is disconnected from the station, regardless of whether it is fully or partially charged. The Customer must check that the charging process started and ended correctly.
2.1.5. Before any charging, it is the Customer's responsibility to ensure the availability of the charging station and its compatibility with his/her Electric Vehicle and with any associated equipment (for example any converter, adapter or cable), which must be suitable for their function and comply with the standards in force. Stations displaying an error message or visible defaults or damage must not be used. The information on the availability of charging stations on the Interactive Map is purely indicative and depends on the quality of the data transmitted by the charging infrastructure operators and may be subject to change.
2.1.6. It is the Customer's responsibility to comply with the maximum charging times and to vacate the charging station in accordance with the charging operator's instructions indicated at the station. The charging station must in all cases be vacated within 30 minutes of the Electric Vehicle being fully charged, and the total time of uninterrupted connection to a charging station may not exceed 12 hours for an AC type station and 4 hours for a DC type station.
2.2. Viewing consumption and billing data
2.2.1. By logging into his/her Client Account on the Platform or on the enodrive zen Application, the Client can view:
- his/her electricity consumption on the Chargy and Roaming network charging stations launched via his/her enodrive zen Card or from his/her smartphone (by activating charging in the Application or by scanning a QR code); and
- his/her detailed charging history and billing data.
2.2.2. The user login enabling the Customer to connect to his/her Customer Account and to access the functionalities of the Platform and the Application will be sent to him/her when he/she subscribes to the enodrive zen Service, in accordance with Article 3.
2.2.3. By subscribing to the enodrive zen Service, the Customer accepts the terms and conditions of use of the Platform and the Mobile Application. A high speed internet connection is required to access the Platform and the mobile Application and must be provided by the Customer.
2.3. Additional services
2.3.1. Under certain conditions and at an additional cost to the Customer, it is possible to add additional access rights to a private charging station, which the Customer can access using an enodrive zen Card. The charging station must meet certain technical requirements and Enovos must therefore contact the owner of the charging station in question. If the Customer wishes to add an additional private charging station to the charging stations that he/she can access with the enodrive zen Service, the Customer should contact Enovos at: email@example.com.
2.3.2. Customers who have purchased an enodrive zen Card have the opportunity to access, at no extra cost, additional third-party services from the Verkéiersbond of the Luxembourg Government via the mobiliteit.lu platform, such as loading valid tickets issued by the Luxembourg public transport network, access to MBox stations for Verkéiersverbond bikes and access to P&R (Park and Ride) services. The Customer can find additional information on this third party service on the website: https://www.mobiliteit.lu/en/services-en/mkaart/.
3. How to Subscribe to the enodrive zen Service
3.1. The Customer may subscribe to the enodrive zen Service either by purchasing an enodrive zen Card at an Enovos point of sale or online from the eshop shop.enovos.lu, or by registering on the enodrive zen Mobile Application (the "Subscription"). Use of all or part of the enodrive zen Service requires prior Subscription in accordance with the terms and conditions set out in this article.
3.2. The Customer can purchase an enodrive zen Card at Enovos' physical points of sale or by placing an order on the eshop shop.enovos.lu. For this purchase the Customer must immediately pay the price of the Card, in person or online as the case may be, and fill in a registration form. The Customer Account is then created by Enovos and the login details to connect to it will be sent to the email address provided by the Customer. The Customer must then change his/her initial password.
3.3. The Customer may also download the enodrive zen mobile Application free of charge and create a Customer Account directly via the Application, by entering his/her email address and the password of his/her choice.
3.4. It is essential to order an enodrive zen Card after subscribing to the Service via the Application in order to be able to access all the Chargy and Roaming network charging stations. Only certain stations allow you to start a charging process just with a smartphone without using the Card.
3.5. In all cases, when registering after purchasing the Card or downloading the Application, the Customer undertakes to fill in all the mandatory fields and to provide accurate, complete and up-to-date information. This registration information includes in particular:
- the Customer's email address to which the Service Subscription confirmation, Customer Account login details and bills will be sent;
- the Payment Method chosen for the monthly payment of top-ups made using the enodrive zen Service, it being specified that the Customer must first accept a direct debit via SEPA mandate;
- the valid bank and billing data corresponding to the selected Payment Method;
- the postal address to enable the physical delivery of the enodrive zen Card if applicable and of the SEPA Mandate to be returned signed to Enovos.
3.6. Whichever Subscription method is used, the enodrive zen Service is only activated after creation of the Customer Account, choice of Payment Method and receipt by Enovos of the corresponding valid billing information: bank details and signed SEPA mandate or credit card details if applicable.
3.7. Once payment by credit card is set up, the Customer will be able to change the chosen Payment Method and opt for payment by credit card rather than by SEPA direct debit by logging into his/her Customer Account.
3.8. In all cases the password giving access to the Customer Account must be protected against fraudulent use by others and the Customer must inform Enovos immediately in case of fraud. It is the Customer’s responsibility to ensure the security of his/her password, not to write it down in case third parties identify it as such and not to use it in any other way that would allow other people to access the information.
4. Pricing, billing and payment
4.1. By subscribing to the enodrive zen Service, the Customer agrees to pay:
- (i) the price of the enodrive zen Card purchased in-store or ordered online, at the price indicated (the "Card Price"), and
- (ii) the price of all electricity chargin carried out at Chargy and Roaming network charging stations via the Customer’s enodrive zen Card or via his/her smartphone (by scanning a QR code or by activating charging in the Application) the “Charging Price”).
4.2. The Price of the Card is billed and paid according to the terms and conditions set out in Article 3 of the General Terms of Sale.
4.3. The Charging Price is set, billed and paid under the following terms, which replace Articles 3.1 to 3.4 of the General Terms of Sale exclusively with regard to the Charging Price:
4.3.1. Setting the Charging Price:
126.96.36.199. The Charging Price is calculated by applying the unit prices in force at each charging station to the charging processes performed by the Customer. All the unit prices in force at the Chargy and Roaming network stations can be consulted via the Application by selecting the relevant station on the Interactive Map. The unit prices indicated for the Roaming network's charging stations are based on the prices applied by the different charging operators and are therefore provided on an indicative basis.
188.8.131.52. All unit prices on the Application include all taxes and are in euros (€). If charging is carried out in a third country using another currency, the exchange rate applicable at the start of the charging process will be applied to give the unit price applicable to that station.
184.108.40.206. Unit prices may be shown as a charge per kWh of energy, a charge per time an Electric Vehicle is parked at the charging station, a fee for starting the charging session, and any other unit fee indicated.
220.127.116.11. The final price of a charging process depends strictly on the use made by the Customer, for example the charging time, the value in kWh of energy consumed, and is therefore not always provided automatically before the start of the charging process. The final price of a charging process is given on the Platform and on the Application as soon as possible after the end of the charging process, depending on the time taken by the different charging operators to transmit this data.
18.104.22.168. The unit prices applicable to each charging station and the accounting of the charging process (e.g. charging time or the value in kWh of energy consumed) are based on the information provided by the charging operators managing the various stations of the Chargy and Roaming networks. As far as possible and within the means at its disposal, Enovos checks the information shared by the charging station operators. Nevertheless, it can under no circumstances be held responsible for the information provided if it is inaccurate, out of date or incomplete. If the Customer is of the opinion that there is a material error in the calculation of the price of the charging process, he/she must immediately notify Enovos.
4.3.2. Billing the Amount for charging:
22.214.171.124. The amount is billed on a monthly basis: The monthly bills include all the charging processes performed by the Customer during the past month, provided that all the information relating to the charging processes has been received by Enovos in due form from the different charging operators. In the event of a delay in the transmission of this information, the corresponding charging processes will be billed at the end of the month during which the information is received.
126.96.36.199. Bills are issued in electronic form only.
188.8.131.52. The charging price is billed in euros (€) including for charging carried out in a third country using another currency, in which case the exchange rate applicable at the start of the charging process will be applied to bill for this charging.
184.108.40.206. Monthly bills must be paid within 15 days of the billing date, and bills are debited within 15 days of the due date of the bill. It is the Customer's responsibility to ensure that the bank account entered in his Customer Account has a large enough balance and, if applicable, that the registered payment card is valid and is not blocked.
220.127.116.11. Payment is considered completed when the total amount of the bill has been credited to Enovos' account.
4.4. In the event of total or partial non-payment of a bill on its due date:
4.4.1. Enovos has the right to make a new attempt to obtain the payment corresponding to the chosen Payment Method:
- SEPA direct debit: Enovos will send an electronic reminder to the Customer's bank;
- Credit card: Enovos will carry out 2 additional attempts to debit 24 hours apart.
4.4.2. In the event of failure, Enovos is entitled to Block the Service in accordance with Article 5 until payment by the Customer. Enovos is also entitled to give the Customer formal notice to pay all remaining amounts due within 10 days, during which time Enovos may attempt to obtain payment under the terms of Article 4.4.1. If payment is not made within this period, the contract will be terminated with immediate effect upon expiry of the 10-day period.
4.5. In the event of a dispute about the amount of the bill, any complaint must be sent to Enovos within three (3) months of the date of the bill in question. If the complaint is accepted, the Customer will be compensated without delay. If a complaint is rejected, Enovos will inform the Customer of the result of the investigation, giving reasons for its position.
5.1. Blocking allows Enovos to suspend the functionality of the enodrive zen Service in the cases provided for in this Agreement, so that neither the Customer's enodrive zen Card nor his/her smartphone can be used to initiate charging processes via his/her Customer Account during the period of blocking. Blocking also suspends the viewing of the Customer's charging and billing history and consulting the Interactive Map.
5.2. In the event of Blocking, a Blocking notice will be sent in electronic form to the Customer informing him/her of the suspension of the enodrive zen Service. The enodrive zen Service will be unblocked by Enovos when the circumstances that gave rise to the Blocking are resolved.
5.3. Payment for all charging processes using the enodrive zen Service outside the Blocking period remain due by the Customer.
5.4. Enovos bears no liability where the Service was blocked for reasons that ultimately prove to be incorrect, provided that Enovos had, at the time of the Blocking, reason to believe that there was a reason for Blocking under the contract.
6. Term and termination of the enodrive zen contract
6.1. By derogation to Article 8.2 of the General Terms of Sale, the contract is open-ended. The Customer may terminate the contract at any time by giving one month's notice. The contract must be terminated in writing. After termination, the Customer will no longer have access to the enodrive zen Service.
6.2. In the event of a serious breach of its obligations by the Customer, and in particular in the event of:
- failure to pay as under Article 4.4;
- serious or repeated misuse of the enodrive zen Service, associated functionalities (Card, Application, Platform) or charging stations;
Enovos has the right to block the enodrive zen Service under Article 5 and to give the Customer formal notice to comply with its obligations within 10 days, failing which the contract will be terminated with immediate effect upon expiry of this period.
6.3. In all cases of termination, the contract is terminated with immediate effect upon expiry of the 10-day period and payment for all charging processes carried out up to the date of termination, via the Customer's enodrive zen Card or from his smartphone, remain due by the Customer, without prejudice to any damages.
7.1. Enovos is liable for the enodrive zen Service in accordance with the General Terms of Sale. In addition to the limitations of liability set out in Article 10 of the General Terms of Sale, Enovos excludes all liability for:
- Material error in the information that can be consulted via the Application or Platform, which depends on the data communicated by the various charging operators, in particular the unit prices applicable to the charging stations, their availability for charging and their characteristics (power, type of connectors, etc.);
- Failure, malfunction or inaccessibility of the charging stations, where the charging operators have sole responsibility for maintaining them in a functional and accessible state;
- Failure, malfunction or unavailability affecting the continuous operation, characteristics or quality of the electricity supply, internet connection and communication system required for the charging process;
- Malfunction or temporary unavailability of the viewing of the Interactive Map and consumption data on the Platform or on the Application, which depend on third party providers;
- Malfunction or damage caused by a defect in the Electric Vehicle or associated equipment, or their incompatibility with the charging station;
- Failure to provide assistance at the number indicated on the charging stations, as this hotline assistance is not part of the services provided by Enovos in the provision of the Service and is the exclusive responsibility of the charging operators;
- Lack or inadequacy of additional services from third party providers.
7.2. The Customer is exclusively and entirely responsible for the use of the enodrive zen Service and for all electricity consumption via his/her zen enodrive Card or on his/her Customer Account via the Application, regardless of the quantities of electricity consumed and of the Price of Charging, regardless of whether the Card or the Application was used by the Customer himself/herself or by a third party, and regardless of the owner or user of the Electric Vehicle being charged.
7.3. Consequently, the Customer is solely responsible in the following cases:
- in the event of unusually high or abnormal consumption via the enodrive zen Service,
- in the event of loss or theft of the enodrive zen Card or smartphone with the enodrive zen Application, or unauthorised access to the Customer Account, and
- in general, in the event of misuse of the enodrive zen Service, the associated functionalities (Card, Application, Platform) or the charging stations, including by a third party without the Customer's knowledge or consent.
In the cases mentioned above, the Customer is required to inform Enovos immediately as soon as he/she becomes aware thereof. Enovos will proceed with Blocking the Service immediately upon receipt of the Customer's notification, and in all cases as soon as Enovos detects one of the above situations.
Any notification to Enovos in connection with the contract should be addressed to firstname.lastname@example.org or otherwise via the helpdesk of the Application.
9. Governing law and competent court
9.1. These Specific Terms of Sale are governed by Luxembourg law or by the law of the country in which a Consumer Customer has his/her habitual residence and will be interpreted in accordance with Luxembourg law or the law of that country.
9.2. If Enovos and the Customer are unable to settle a dispute amicably, Enovos and the Customer agree to submit any dispute arising out of the conclusion, interpretation, performance or termination of these Terms of Sale to the courts of the City of Luxembourg or, if the Customer is a consumer, to the competent court under the rules of jurisdiction applicable to consumers, in case of divergence.
10. Data protection
10.1. Enovos or the service providers engaged collect, process and use your data for the implementation of the contractual relationship in accordance with the provisions of the General Data Protection Regulation (2016/679) and other applicable national data protection legislation.
10.2. The unique identification number that is used to identify you, the personal data and transaction details may be transferred to the operator of the charging station for the purpose of initialising the charging stations, resolving potential problems with the charging service and billing. Personal data, contact details and transaction details are transferred to a partner responsible for managing the platform and billing on behalf of Enovos (platform data is stored in the EU).
10.4. Enovos may use the non-personal data / anonymised personal data collected as part of providing the service in order to
- i. improve the service and its other products and services, and
- ii. share statistical information with its cooperation partners.
11. Amending the Specific Conditions
11.1. These Specific Conditions may be amended at any time by Enovos. The Customer will be notified in advance by email or in the Application. Any new version of the Specific Terms and Conditions can also be consulted at any time on the enodrive.lu website. The Customer must accept the new Specific Terms and Conditions in order to continue to used the enodrive zen Service from the date they apply. Otherwise, he/she will have the option to terminate this contract without notice by requesting in writing the deletion of his/her Customer Account.
12. EEE Waste
In view of the waste management obligations applicable to issuers of electrical and electronic equipment ("EEE"), the Customer must hand over the enodrive zen Card to Enovos at the end of use or dispose of it in such a way as to enable recycling.
These Specific Terms of Sale as well as the General Terms of Sale are provided in English for information purposes. In case of discrepancy with the French version thereof, the French version shall prevail.