Version dated 05/12/2021
Last applicable conditions before 05/12/21
Société par actions simplifiée
(simplified joint-stock company)
Registered capital €42,000
Incorporated under RCS STRASBOURG 809 844 731
NAF Code: 6202A
Intracommunity VAT No.: FR37809844731
7 allée Cérès – 67200 STRASBOURG - France
CHARGEMAP is a registered trademark. Any, even partial, reproduction or use thereof without due authorisation is strictly forbidden.
These General Terms and Conditions of Sale and Use are systematically brought to the User’s attention when placing an Order for the Chargemap Pass. A reminder of these General Terms and Conditions of Sale and Use is also given systematically for information purposes prior to any Order within the scope hereof.
CHARGEMAP is a mobility service provider. CHARGEMAP provide its Users with numerous services including services providing access to charging through a Mobile Application and a Website.
Chargemap’s Mobile Application is provided free of charge and can be downloaded on a smartphone. It lists Charging Stations - not just Compatible Charging Stations benefiting from the Chargemap Pass service - throughout Europe and the entire world, and information relating thereto such as connector types, access times and means of access etc. Chargemap’s Website, also free of charge, provides Users with similar services.
All these free services are governed by Chargemap’s General Terms and Conditions of Use (lien CGU). The document herein only provides the framework for services supplied in relation to the payment service.
Each User can contribute to supplementing the CHARGEMAP database by sharing information, photographs, comments or indicating new Charging Stations.
Each User may also profit from the Payment Services proposed by CHARGEMAP by placing an Order for a Chargemap Pass.
Badge Number: refers to the unique number featured on the User’s Chargemap Pass and linked to said User’s account.
Chargemap Support: refers to the User support service attached to the Payment Service and the Chargemap Pass.
Chargemap Pass: refers to a personal badge in the User’s name linked to the holder User’s CHARGEMAP account once it has been successfully activated and the use of which is subject to these General Terms and Conditions of Sale and Use. The badge allows Users to identify themselves at Compatible Charging Stations and to pay for electrical Charging whatever the partner network used. This badge may take a physical form or be dematerialised in the Mobile Application. The dematerialised badge is a digital Chargemap Pass integrated into the Mobile Application, notwithstanding technical compatibility, allowing Users to identify themselves at Compatible Charging Stations.
Charging: refers to the operation of charging a vehicle with electricity at a Compatible Charging Station.
Charging History: refers to the report which can be accessed from the User Account tracking all the electrical charging carried out and related costs, and also information on the Compatible Charging Station used.
Charging Station: refers to any and all equipment allowing an electric vehicle to be charged.
Compatible Charging Station: refers to a Charging Station where charging access and/or payment can be carried out using the Chargemap Pass.
Contact Form: refers to the form via which Users can contact CHARGEMAP for any request for information, help or support. This form is available on the Website or the Mobile Application under the heading “Contact”.
General Terms and Conditions of Sale: refers to the General Terms and Conditions herein governing the terms and conditions of the CHARGEMAP Payment Service and the terms and conditions of sale and use for the Chargemap Pass which are related thereto.
General Terms and Conditions of Use: refers to the General Terms and Conditions of Use governing the terms and conditions related to accessing and using the Mobile Application Website and can be consulted at https://fr.chargemap.com/about/cgu (lien).
Mobile Application: refers to the Android or iOS application designed and used by CHARGEMAP.
Objection Procedure: refers to the procedure by which Users can process an objection to CHARGEMAP with reference to their Chargemap Pass.
Order: refers to the purchase of the Chargemap Pass. Users may order via the Website or the Mobile Application. Payment for the Order is carried out by debit/credit card. Any delivery costs are included in the price paid for the Order.
Partner Operator: refers to any private individual or legal entity operating Charging Stations that are Compatible with the Chargemap Pass and the associated Payment Service.
Payment Service: refers to the payment service proposed by CHARGEMAP related to using the Chargemap Pass and subject to the provisions laid down in the General Terms and Conditions of Sale herein.
Personal Data: refers to the personal information registered by the User when registering with CHARGEMAP’s Services and/or provided in the frame of using CHARGEMAP’s Services.
Registration Form: refers to the registration form that the User must fill out to benefit from CHARGEMAP’s Services after reading the General Terms and Conditions of Use available on: https://fr.chargemap.com/about/cgu[a] and these General Terms and Conditions of Sale and Use.
Services: refers to all the services proposed by CHARGEMAP by any means whatsoever including the Payment Service.
User: refers to the private individual who is legally and financially liable for the Chargemap Pass linked to the Payment Service. The User may be a consumer or a professional. There are differences between the status of consumer and professional, who shall be identified as follows: Consumer-User and Professional User.
User Account: refers to the personal account opened in the name of the User once the Registration Form has been duly filled out and validated. The User Account is subject to the provisions of the General Terms and Conditions of Use herein.
Website: refers to the website CHARGEMAP.COM made available to the public on the Internet where Users can create their personal space and connect up using their logins, in particular with the aim of managing their Personal Data and the Payment Service.
Withdrawal Form: refers to the form by which Users can exercise their right of withdrawal.
The purpose of these General Terms and Conditions of Sale and Use is to define the terms and conditions by which CHARGEMAP provides its Payment Service, and the terms and conditions by which said company markets the Chargemap Pass.
Placing an Order for the Chargemap Pass and using the related Payment Service are reserved for Users who have accepted the General Terms and Conditions of Sale herein unconditionally and in full to the exclusion of all other provisions.
The User undertakes to fill in all the compulsory entries on the Registration Form and to give exact, full and subsisting information. In the event of an error and/or modifications to the information communicated to create the User Account, the User must make any necessary corrections as quickly as possible via the function “Change personal data” which can be accessed from the home page of the User Account.
A valid electronic address must be entered by the User during registration. It may be used as a login and a password must be linked to it by the User. The electronic address registered and linked to the User Account shall be the only electronic address used in the event of a procedure to recover the password (password forgotten, password changed due to hacking, etc.).
The User undertakes to check that any emails which may be sent to them by CHARGEMAP are not considered as spam. CHARGEMAP cannot be held liable should this occur.
The User’s login (email or User’s name) and password are strictly confidential and reserved for personal usage only. The User alone is liable for safeguarding them and must answer for any acts or actions by any person using their User Account, even without their knowledge.
The Payment Service can only be activated by a User who has previously created a personal User Account.
CHARGEMAP carries out the actions of opening the User Account and activating the Chargemap Pass for the User on the basis of information said User provides when placing the Order.
CHARGEMAP reserves the right to proceed with prior checks when the User Account is created and the Order for the Chargemap Pass placed and to refuse any subscription to Chargemap’s Services for a legitimate reason such as:
In this instance, the registration and/or Order shall be cancelled and payment reimbursed.
Should the case arises, the User is liable for all legal and out-of-court costs incurred by CHARGEMAP, including all reasonable expenses for legal advice relating to the management of any claim.
The User undertakes to use the Chargemap Pass solely within the framework of CHARGEMAP’s Payment Service.
The Chargemap Pass cannot be used to prove the Users identity. Any requests to subscribe to Chargemap Services from Users, or third parties, using the Chargemap Pass for purposes of identification shall not be met with a positive reply.
The User may order a personal Chargemap Pass on the Website or the Mobile Application.
Before placing any Order for a Chargemap Pass, the User must make sure they can enjoy full and complete usage (legal capacity, legal age etc.).
The various phases are detailed on the Website throughout the Order placing process. The User undertakes to fill in all the compulsory entries required to obtain the Chargemap Pass. The information registered by the User once the Order for the Chargemap Pass has been validated, are deemed to be exact, sincere, complete and subsisting.
Concluding the Order follows the rules of the double-click procedure. To this end, the User validates the Order with a first click. The User will then be able to check the details and total price of their Order and correct any errors before confirming via a second click. The User is informed of the means of payment accepted by CHARGEMAP in clear terms at the beginning of the Order process at the latest.
By validating the Order using the double-click procedure and then ticking the box “I acknowledge that I have read the General Terms and Conditions of Sale and Use”, the User irrevocably and unconditionally accepts the Order and the General Terms and Conditions of Sale and Use herein. By giving their acceptance through this procedure binding the parties, the User formally enters the contractual agreement between the User and CHARGEMAP.
Any Order commits the User to an obligation to pay.
An email confirming the Order, giving the details of the Order, the essential data provided by the User and the invoice number, shall be sent to said User at the electronic address entered on the Registration Form. This Order confirmation sent to the User after final validation is valid as a payment receipt.
The User must make sure that the contact details given at the time of placing the Order are correct. They are necessary to receive the confirmation of the Order and the Chargemap Pass ordered. It is up to the User alone to make sure that the information communicated is correct.
The Chargemap Pass that has been ordered shall be sent directly to the postal address given by the User when placing the Order.
Should an Order be placed for a dematerialised Chargemap Pass, it will be activated directly in the Mobile Application.
Packaging and delivery charges are included in the price of the Chargemap Pass displayed on the Website and the Mobile Application.
The price of the Chargemap Pass is set at nineteen euros and ninety centimes inclusive of VAT (€19.90 incl. VAT).
This price may change over time. The User shall be duly informed thereof and is held to the price in force at the time the Order is placed.
Under all circumstances, the cost of accessing the Internet network via a remote communication service is payable by the User.
The Chargemap Pass is payable on line using a debit/credit card or any other means of payment made available to the User on the Website when the Order is placed.
Only persons with full capacity who are of age may use the Chargemap Pass Payment Service.
Once the User has subscribed to the Payment Service, the means of payment used to place the Order for the Chargemap Pass will be recorded as the User’s default of means of payment to pay for Charging at Compatible Charging Stations.
The data communicated when registering the User’s means of payment is neither known nor stored by CHARGEMAP, although it shall be by the service provider specialised in secure payments (STRIPE).
The pre-approval of the bank is obtained after the means of payment has been registered and the Order placed for the Chargemap Pass has been validated.
As soon as the User accepts the full amount of the Order and pays for it, the bank account linked to the means of payment used is debited immediately and the Order is registered for execution.
Purchasing the Chargemap Pass shall only be finalised once the full payment has been received by CHARGEMAP and the amount corresponding to the Order has been collected by CHARGEMAP’s banking institution.
Once the Order for the Chargemap Pass has been finalised and paid for in full, the User accepts the processing period for their file which may last up to thirty (30) working days, during which they shall receive the Chargemap Pass by post directly to the delivery address specified when the Order was placed.
The Chargemap Pass is not activated when delivered and may contain a Charging credit (Cf. 3.3.1 Discount coupon and charging credit) or not, according to the type of Order placed by the User.
In the event of late delivery, CHARGEMAP may inform the User of this situation by email.
However, by activating the Chargemap Pass, the User acknowledges receipt thereof and expressly waives any claim to a delay in delivery with the aim of cancelling the Order.
In the event of non-receipt or late receipt of the Chargemap Pass, CHARGEMAP cannot be held liable for post going astray during the delivery process.
The Chargemap Pass bears a number. This number is unique and specific to each Chargemap Pass. It is required to activate the Chargemap Pass before any use at Compatible Charging Stations.
The Chargemap Pass can only be used by the User online on the Website. To do this, armed with the Badge Number, the User must go to the “Pass” heading, accessible from the home page on their User Account, then “Activate your Chargemap badge" and follow the instructions displayed on the screen. The User must log in to activate the Chargemap Pass.
One single Chargemap Pass at a time can be activated per User Account.
The Chargemap Pass is valid for a period of two (2) years and is automatically renewable, unless it has been deactivated on a permanent basis beforehand for any reason whatsoever. If no Charging has been carried out using the User’s Chargemap Pass for a period of two (2) years, it is considered as being inactive, i.e. the Payment Service is deactivated and the User can no longer use the Badge for electrical Charging.
With reference to Articles L. 221-18 to L. 221-28 of the French Consumer Code, each Consumer-User benefits from a right of withdrawal. This right of withdrawal is valid for a period of fourteen (14) days from the time the Chargemap Pass is activated by the Consumer-User.
To exercise this right of withdrawal, the Consumer-User has fourteen (14) days to inform CHARGEMAP of their intention to withdraw by filling out and sending the Withdrawal Form at their disposal in the Annex or by sending the Form by email to the following address: [email protected] or by any other clearly stated declaration, expressing the User’s intention to withdraw (Withdrawal form)
When the Withdrawal Form is sent by email to CHARGEMAP, an acknowledgement of receipt thereof is addressed to the Consumer-User. The withdrawal request takes effect immediately upon receipt of the request by CHARGEMAP.
Subsequently, the Consumer-User returns the Chargemap Pass intact and in perfect condition, by post, as rapidly as possible and at the latest within fourteen (14) days from the time the Withdrawal Form was sent, together with a copy of the invoice, to CHARGEMAP at the following address: 7 allée Cérès – 67200 STRASBOURG - France.
The costs and risks of the return are exclusively payable by the Consumer-User.
CHARGEMAP undertakes to reimburse the Consumer-User the price of the Chargemap Pass for which the withdrawal has been made within fourteen (14) days of receiving the Chargemap Pass or at least proof that the Chargemap Pass has been sent. It is imperative that the Chargemap Pass is not damaged and can be marketed once more by CHARGEMAP.
If the Chargemap Pass incurs any damage due to the Consumer-User, or the Consumer-User’s employees or any other third party through their fault, before the expiry date of the right of withdrawal, the withdrawal shall not be accepted.
In all cases, once the withdrawal period has expired, no cancellation, modification and/or reimbursement can be accepted. Any Chargemap Pass that has not been used shall not be exchangeable, reimbursable or transferable.
The right of withdrawal does not apply to Services performed in full before the expiry date of the right of withdrawal and where the performance thereof was started with the agreement or at the express request of the Consumer-User.
However, for Services that have not been fully performed, Users benefit from the possibility of using the right of withdrawal within a period of fourteen (14) days from the time the Service contract was finalised by informing CHARGEMAP of their intention to withdraw. In this instance, Users shall be obliged to pay for the fixed and proportional costs related to the provision of the Service, the performance of which began before the expiry date of the right of withdrawal at the express request of the User.
Any electrical Charging carried out by the Consumer-User before the withdrawal request takes effect shall be invoiced in compliance with the provisions herein and remain rightfully due to CHARGEMAP.
Furthermore, the Consumer-User also benefits from the option to cancel the Order pursuant to the provisions of Article L. 216-2 of the French Consumer Code in the event of late delivery relative to the delivery time stated and after requesting CHARGEMAP to send the Chargemap Pass by recorded delivery with acknowledgement of receipt within a reasonable time limit, if this reasonable time limit is not respected.
The User is fully responsible for the Chargemap Pass allocated and must ensure its protection.
The User undertakes to ensure the confidentiality of their password in order to protect their User Account and all the data stored therein.
The User undertakes, insofar as this is possible, to make sure that the connections and peripheral equipment used, in particular their computer and smart phone, are sufficiently secure.
The User must take all steps to ensure the Chargemap Pass is safeguarded and must assume the consequences for its use and related payments as long no objection has been processed.
In the event of loss, theft, fraud, misappropriation or any other non-authorised usage of the Chargemap Pass, User Account or associated data, the User may lodge an objection against their Chargemap Pass or request CHARGEMAP to suspend the Payment Service via the Chargemap Pass.
To lodge an objection, the User must go to the heading “I have lost my Chargemap badge /My Chargemap badge has been stolen!” which can be accessed on the User Account interface via the Website.
The objection lodged shall take effect immediately upon CHARGEMAP’s receipt of the request.
Following the deactivation of the Chargemap Pass, the User will be able to replace it. Ordering a new Chargemap Pass is invoiced at €7.00 including VAT and delivery costs.
If a new Chargemap Pass is not ordered following the deactivation of the Chargemap Pass that has been lost, stolen, misappropriated or subject to fraud or any other non-authorised usage, another Chargemap Pass may be ordered subsequently under the heading “Renew your Chargemap Pass”.
The User is bound to pay all electrical Charging conducted within the frame of the Payment Service as long as no objection has been lodged.
CHARGEMAP cannot, under any circumstances, be held liable for non-authorised payment transactions with the exception of those carried out after an objection has been lodged, notwithstanding the User’s good faith. CHARGEMAP is not bound, under any circumstances, to reimburse any amounts debited within this frame.
The burden of proof of any usage of the Payment Service non-authorised by the User cannot be placed on CHARGEMAP under any circumstances whatsoever.
If relevant, lodging an objection may lead to the mere suspension of the Payment Service and/or the Chargemap Pass, or to the permanent deactivation thereof.
In the event of the Chargemap Pass being suspended, it can be unblocked directly online via the heading “Unblock a Chargemap Pass” which can be accessed via the User Account interface. The User may also contact CHARGEMAP on this matter by email or via the Contact Form available on the Website and the Mobile Application.
Should the Chargemap Pass be deactivated following theft or confirmed loss, it cannot be reactivated and the User must order a new Chargemap Pass, on the proviso the User respects the provisions of the General Terms and Conditions herein.
CHARGEMAP disclaims all liability in the event of damage to the Chargemap Pass due to usage that does not conform to its purpose.
The User shall, in particular, ensure the Chargemap Pass is not folded or pierced, for example in order to attach it to a keyring, with the risk of damaging the chip.
Replacement of the Chargemap Pass attributable to the User due to misuse or loss shall be invoiced at the rate of seven euros inclusive of VAT (€7 incl. VAT).
The Chargemap Pass is a payment instrument enabling the User:
The User is bound to use the Payment Service in an appropriate manner. The User also undertakes to use the Compatible Charging Stations with all due care and in accordance with the safety instructions and not to make any unauthorised usage thereof.
By accepting these General Terms and Conditions, the User declares that all the prerequisites defined in Article 1.3 herein have been fulfilled and respected.
Use of the Charging Stations is subject to the sole terms and conditions of use of the Partner Operator that owns the Charging Station.
Before each use of the Chargemap Pass, the User undertakes to check whether they are in a position to cover the Charging operation envisaged financially. The User undertakes to consult the rate applied by CHARGEMAP for said Charging Station beforehand. If it is impossible to access the rates, the User must abstain from carrying out any Charging with the Chargemap Pass. Otherwise, the User shall be deemed to have accepted said rates without incurring the liability of CHARGEMAP.
The User is bound to respect the safety instructions in force and any other regulations applicable with reference to the Charging Station used and the vehicle concerned.
Before each Charging operation, the User must check that the vehicle and the charging cable are compatible with the Compatible Charging Station concerned and that they are also in compliance with the regulations in force.
The User is bound to hold the Chargemap Pass in front of the RFID reader to activate charging and to badge at the Compatible Charging Station again to stop charging. This procedure may vary according to the type of Compatible Charging Station and the operating procedure set up by the Partner Operator. Hence, the User is bound to consult any instructions displayed at the Compatible Charging Station.
Each Chargemap Pass is personal and associated with a unique User Account belonging to a single User.
The use of a Chargemap Pass by any person other than the User is strictly forbidden, unless this person is one of the User’s employees, should said User have a professional account.
Users must always safeguard their Chargemap Pass, connection logins and passwords giving access to the User Account. Users must make sure they have the Chargemap Pass in their possession or in possession of their employees and never leave it anywhere where a third party can take it. They must retrieve it after each Charging session.
CHARGEMAP cannot, under any circumstances, be held liable for any negligence on the part of the User. The User is liable for any and all fraudulent usage of their Chargemap Pass and/or User Account. The User is liable for each Charging operation, payment and procurement.
Generally speaking, any connection, Order, and use or transmission of data carried out via the User Account and Chargemap Pass are deemed to have been executed by the User thereof, or their employees if this is relevant, under the full responsibility and liability of said User.
The User is bound to compensate CHARGEMAP for any prejudice incurred through fraudulent usage and undertakes not to take any legal action in this matter in the broadest sense of the term.
The User must fully collaborate with CHARGEMAP and, if relevant, the competent authorities in the event of an enquiry with reference to a Charging operation or any other use of the Chargemap Pass, User Account or Payment Service.
The rates for electrical Charging are set by CHARGEMAP and may be modified at any time without prior notice, in particular to take into account modifications in the rates of Partner Operators. Consequently, the rates are updated on an ongoing basis on the Website and the Mobile Application.
The data displayed at Compatible Charging Stations (duration and power rating) are given for information purposes and only the charging report transmitted to CHARGEMAP by the Partner Operator is valid.
The User must therefore refer to the price chart available on the Website and the Mobile Application before each vehicle Charging operation via the Payment Service, in order to know the exact price that will be invoiced.
Each Compatible Charging Station has a specific price chart available on the Website or the Mobile Application.
Under no circumstances may any prices posted at the Compatible Charging Station by the Partner Operator define the price of Charging for the User. The prices posted on the Website and the Mobile Application at the time of charging are the only valid prices.
These prices are expressed in clear, legible terms and are quoted inclusive of VAT and in euros only.
These prices include:
In order to calculate the Charging cost, the energy values and connection time are rounded up to the closest whole number.
CHARGEMAP cannot be held liable if the pricing system is misunderstood.
If the User has no connection and/or cannot access the Mobile Application or the Website, said User is explicitly advised not to proceed with Charging.
If, however, the User decides to carry out Charging despite being off-line and/or unable to access the Mobile Application or Website, said User may not reproach CHARGEMAP for the lack of information or legibility of the pricing system or the price invoiced. Consequently, any User carrying out vehicle Charging without having access to the pricing system is deemed to have unconditionally accepted CHARGEMAP’s pricing system in force.
CHARGEMAP reserves the right to set a maximum monthly ceiling for payment or electrical Charging volume in order to preserve the User from any major invoicing incident.
The User is expressly informed that each time the Chargemap Pass is badged at the place provided for this purpose at a Compatible Charging Station and the Charging service required is selected, said User fully consents to the Charging operation and related payment.
Once this consent given, payment is deemed to have been authorised by the User together with the irrevocable and indisputable order to pay, notwithstanding the provisions of Article 2.6 Right of withdrawal[b].
Payment is carried out in euros only.
All transactions shall be conducted via an SSL secure server. An authorisation service will be consulted once the User has provided their debit/credit card number, date of validity and the code given on the back of the debit/credit card. The data shall then be checked in order to avoid misuse and fraud. The servers are in encrypted mode and any information passing through is protected and encrypted (SSL protocol). Nothing travels on the Internet unencrypted.
Information communicated during banking transactions via the Website shall not be stored on CHARGEMAP’s servers and the company cannot read or consult said information at the time it is entered or transferred.
In all circumstances, the User undertakes to keep a sufficient bank balance available on their bank account linked to the debit/credit card associated to the User Account to cover the cost of each Charging session.
The User may have a partner code providing a right to a Charging credit. This may be obtained through promotional offers proposed by CHARGEMAP or CHARGEMAP’s partner companies.
Depending on the promotional offer, the Charging credit may be directly integrated without the User having to carry out any specific operations when the Order for the Chargemap Pass is placed.
Failing this, the User must indicate the partner code received under the heading dedicated to this effect when placing the Order for the Chargemap Pass.
Should the User benefit from a partner code providing a Charging credit:
Partner codes and Charging credits cannot give rise to a restitution, conversion or payment in euros credited to the User’s bank account.
Once the Charging credit has been duly registered on the User’s User Account, CHARGEMAP reserves the right to prioritise the payment of future Charging sessions by the User by means of the Charging credit.
In the event of outstanding payments, once the User has been informed thereof by email, CHARGEMAP shall continue to attempt to debit the sum invoiced every forty-eight (48) hours for a period of one (1) month.
In between these attempts to collect payment, the Chargemap Pass shall be suspended and not be available for use by the User until the sums owing are duly paid. Furthermore, the Payment Service shall be cancelled under the terms and conditions defined in these General Terms and Conditions.
The User shall be informed by email following the first attempt, again after four (4) days, then six (6) days, twelve (12) days and finally twenty-six (26) days.
Should these attempts fail, CHARGEMAP shall initiate a collection procedure against the User.
The cost of sending the formal notification thereof shall be invoiced to the User by CHARGEMAP at ten euros inclusive of VAT (€10 incl. VAT) as a lump sum to cover the cost of the reminder.
Furthermore, if payment cannot be made in full on the due date for whatever reason whatsoever, Professional Users shall rightfully owe, without prior notice:
When the User benefits from Charging through the Payment Service using the Chargemap Pass, an informative record pertaining to the Charging operation is sent by email. The consumption record thus transmitted together with the related prices constitute required factors for invoicing. Users are free to consult their Charging History via their User Account. Users are provided with all the information relating to the Charging session: date, time, place and cost of the transaction.
Each Charging session at a Compatible Charging Station is listed on an overall, monthly, detailed invoice sent to the User by CHARGEMAP.
The monthly invoice shall be sent by electronic mail and can be consulted and downloaded on the User Account via the heading “Invoices”. Users undertake to consult their electronic invoice once a month once it has been sent by CHARGEMAP.
The amount invoiced for Charging conducted over the past month N is debited at the beginning of the following month (N+1). Users are bound to pay the amounts communicated in this manner to CHARGEMAP, unless proof to the contrary is reported to CHARGEMAP (cf. 4.1.5 Claims).
For reasons beyond CHARGEMAP’s control, Charging may be invoiced at a later date. In this case, the User should refer to the Charging History.
If the Chargemap Pass is deemed to be inactive under Article 2.5 of the Terms and Conditions herein (if no Charging has been conducted using the User’s Chargemap Pass for a period of two (2) years), CHARGEMAP reserves the right to suspend the Chargemap Pass.
In the event of suspect activity detected on the User Account, or suspect use of the Chargemap Pass, suspected fraudulent use or failure to respect the Terms and Conditions herein or should any legislation in force impose such action, CHARGEMAP reserves the right to proceed with a verification procedure and, if necessary, to suspend the Payment Service and set up a verification procedure. Likewise, the Service quoted above may be suspended in the event of suspect bank activity or a payment incident. This is a unilateral right that only concerns CHARGEMAP and shall not give rise to the settlement of any indemnity of any nature whatsoever.
Should the Chargemap Pass be suspended, it may be unblocked pursuant to the terms and conditions mentioned in Article 2.7.3[c].
CHARGEMAP also reserves the right to limit authorisation to use the Chargemap Pass in all or part of a given territory if such use proves or could prove to be contrary to the General Terms and Conditions herein or local legislation.
Likewise, CHARGEMAP reserves the right to limit authorisation to use the Chargemap Pass if the User, one of the User’s employees or a third party is suspected to be the perpetrator or to become the perpetrator of an offence or misuse or fraudulent use of the Chargemap Pass.
For all requests for assistance or support, the User may contact CHARGEMAP by the following means:
CHARGEMAP shall make all reasonable efforts to solve any problem encountered by Users brought to their attention within a reasonable deadline, without however being able to guarantee that a permanent solution can be provided within this deadline. The company does not guarantee, under any circumstance, that the problems submitted shall be solved, even partially. To this effect, it is bound by an obligation of means and not an obligation of results.
Response time is measured according to the operating timetable of the Telephone Support Service: 7 days a week and 24 hours a day (notwithstanding any modification by CHARGEMAP of which the User shall be informed by email at least 15 days in advance).
CHARGEMAP’s Telephone Support Service may not, under any circumstances, be solicited by Users by telephone for any information on how to use the Website and the Payment Service, particularly with regard to: creating the User Account, placing an Order for the Chargemap Pass, activating the Chargemap Pass, etc. If necessary, the User shall be redirected by CHARGEMAP towards the Support service that can be contacted by electronic mail or using the Contact Form.
CHARGEMAP’s Telephone Support Service may ONLY be solicited by Users carrying out or attempting to carry out Charging using the Chargemap Pass. CHARGEMAP’s Telephone Support Service cannot be solicited by logged-in Users to activate and stop Charging at a Compatible Charging Station belonging to a Partner Operator within the contractual limits imposed on CHARGEMAP by said Partner Operator.
Should a Compatible Charging Station be faulty, CHARGEMAP may redirect Users towards the nearest Charging Station. CHARGEMAP’s Telephone Support Service may, in this case, pass on the information as to the state of the Compatible Charging Station to the Partner Operator in the Users’ stead.
At the request of logged-in Users, CHARGEMAP’s Telephone Support Service may search for and send a breakdown service in the event of:
Any request for a breakdown service for an operational vehicle shall be refused.
Any costs linked to the intervention of a breakdown service remain payable by the User. Payments covering such costs must be carried out directly with the company offering the breakdown service. CHARGEMAP shall not invoice the User for these costs and shall not carry out the role of intermediary between the User and said company offering the breakdown service. CHARGEMAP does not provide a Support Service for third-party products.
The Chargemap Pass benefits from the legal guarantee of conformity pursuant to the provisions laid down in Articles L.217-7 to L.217-14 of the French Consumer Code.
Consequently, CHARGEMAP is bound to deliver a Chargemap Pass that is in conformity with the contract and answer for any non-conformance resulting from the packaging, assembly and installation instructions when the company is in charge of said delivery under the contract or it has been conducted under the company’s responsibility.
Products are deemed to conform when:
Any action relating to the guarantee of conformity is limited to two (2) years from the time the product is delivered. Consumers-Users cannot invoke the guarantee of conformity coming under Article L.217-8 in three cases:
When non-conformance is duly stated, CHARGEMAP offers to replace or repair the product for the Consumer-User. It is up to the Consumer-User to decide which option to accept, unless said option generates manifestly disproportionate costs for CHARGEMAP in view of the value of the product and the extent of the defect. The Consumer-User may obtain termination of the contract or a reduction (reduction in the price of the product) if the defect is serious and the time lapse for the solution opted for exceeds one (1) month from the time the request was made; or if there are no possible means of restoring conformance. The Consumer-User cannot be requested to pay any costs for replacement or repairs, or the termination or reduction in the contract.
The Chargemap Pass also benefits from the legal guarantee against hidden flaws, provided for in Articles 1641 to 1649 of the French Civil Code. CHARGEMAP is therefore bound by the guarantee for any hidden flaws in the product sold which would make it unsuitable for the usage for which it has been designed, or which reduces usage to such an extent that the purchaser would not have bought it or would only have been bought it at a reduced rate, if said purchaser had been aware thereof. CHARGEMAP cannot held liable for apparent defects or defects which purchasers convince themselves exist. Any defect must be prior to the sale and make the product unsuitable for the use for which it was designed. The purchaser has the choice between giving the product back and being reimbursed the price thereof or keeping the product and being reimbursed for part of the price. Any action must be taken within two (2) years from the moment the flaw or defect is discovered.
In the event that a change in the Chargemap Pass is made necessary for technical reasons or any other updating required to ensure the continuity of the Payment Service using the Chargemap Pass, CHARGEMAP shall inform Users thereof beforehand by email and online on the Website via their User Account at least thirty (30) days in advance. Under these conditions, the change shall be carried out free of charge and as rapidly as possible by CHARGEMAP.
A new Chargemap Pass shall be sent by post to Users, who will have to deactivate their former Chargemap Pass and activate the new one following the instructions sent with it.
The User must submit any problem encountered on the Website or when using the Compatible Charging Stations with the Chargemap Pass as rapidly as possible and at the latest within seven (7) days following reception of the charging report.
Should an error be stated by the User, particularly concerning a Charging operation, said User can contact CHARGEMAP. After examining the request, User Account and the circumstances surrounding the operation concerned, CHARGEMAP shall send the User a report listing the information in its possession.
Excepting legal and contractual provisions to the contrary, CHARGEMAP reserves the right to request Users to provide any original written proof of any electronic document transmitted or any information provided to support their claim.
Electronic media are deemed to constitute, a minima, prima facie evidence in writing.
Unless proven otherwise, only the electronic documents produced by CHARGEMAP shall be deemed reliable and authentic.
All evidence relating to the claim must be received by CHARGEMAP at least fifteen (15) days following the claim or the request for information and/or documents drawn up by CHARGEMAP. If such action is not taken, CHARGEMAP reserves the right to file the claim without further action.
Depending on the outcome of the claim, if inaccurate payment has been debited from the User’s account, the sum shall be reimbursed by CHARGEMAP and credited to the Users debit/credit card without CHARGEMAP having any other obligation towards the User.
Users are liable for all damage caused by all or part of their vehicle and charging cable.
Users are liable for any prejudice incurred in the case of not respecting the regulations in force or the terms, conditions and instructions for using the Charging Station, the electric vehicle and/or the charging cable concerned.
Users alone are liable for the use of their User Account and Chargemap Pass. They are liable for safeguarding them and must answer for any acts or actions of any person using their User Account and/or their Chargemap Pass, even without their knowledge. Users alone are liable for any information they communicate themselves or are deemed to have communicated to CHARGEMAP.
Users are responsible for regularly updating their appliances and the Mobile Application in order to benefit from the latest features. Chargemap shall not suppress the User Account if updates are not conducted regularly. However, access to the User Account and its operation may be limited. Furthermore, should Users fail to update, CHARGEMAP disclaims any liability for the malfunctions incurred by the User’s refusal to carry out the update. Chargemap reserves the right to impose an update for the Mobile Application for the purposes of accessing the mobile interface and its features.
Generally speaking, CHARGEMAP cannot be held liable for damage subsequent to misuse or total or partial breach of the regulations in force, the safety instructions in force or any other rule with reference to the Charging Stations or the electric vehicle concerned.
CHARGEMAP disclaims any liability in the event of damage incurred as a result of malfunctions, failures and absence of connection (Internet, mobile, etc.), including disruption in services, malfunctioning data flow, intrusion from external sources and any slowness etc.
CHARGEMAP cannot be held liable for foreseeable or unforeseeable damage of any nature whatsoever, arising from the use of or the total or partial impossibility to use the User Account or the Chargemap Pass.
Insofar as it is possible with the means at its disposal, CHARGEMAP checks the information shared by Users. It cannot be held liable under any circumstances for any information given, should such information prove to be inexact, out of date or partial. CHARGEMAP does not owe any obligation of means on this subject.
In the event of an error being stated, the User concerned may contact CHARGEMAP and, insofar as this is possible, inform CHARGEMAP in a precise manner of the incorrect or missing information on the Website.
CHARGEMAP cannot be held liable in the event of damage incurred by Users, or one of their employees, if they have been warned of a risk, even a potential risk, by a message posted about the Compatible Charging Station, the Website and/or the Mobile Application, by email or any other means of communication.
CHARGEMAP disclaims all liability in the event of damage resulting from defects in the electric vehicle or the electric charging cable.
CHARGEMAP disclaims all liability in the event of damage resulting from defects in the Compatible Charging Stations, infrastructures and electricity utilities.
All items relating to confidentiality and personal data can be consulted in Chargemap’s Confidentiality Policy.
All items accessible from the Website are protected by intellectual and industrial property law.
Users may not, under any circumstances, reproduce, modify, transmit, publish or adapt them on any medium whatsoever or by any means whatsoever or use them in any way whatsoever either totally or partially without CHARGEMAP’s prior, written consent.
Users undertake not to breach the intellectual property rights and other rights held by CHARGEMAP.
The insertion of hypertext links towards any part of the Website is forbidden without CHARGEMAP’s prior, written consent.
The Users’ usage rights are strictly limited to viewing any on-screen information given and any documents transmitted by CHARGEMAP, and the use of the Chargemap Pass under the sole terms and conditions defined in the General Terms and Conditions herein.
No right to reproduce, represent or redistribute for commercial reasons is authorised in the frame of these General Terms and Conditions, excepting with CHARGEMAP’s prior, written consent.
The law applicable to these General Terms and Conditions of Sale and Use is French law.
In all relations between CHARGEMAP and Professional Users, any and all disputes to which the General Terms and Conditions herein may give rise, with reference to the validity, interpretation, execution and termination thereof, and any consequences, shall be referred to the competent jurisdictions and Courts of Strasbourg, France.
Any and all disputes falling within the purview of a specific attribution of competence shall be referred to the
competent French Courts and jurisdictions.
In all relations between CHARGEMAP and Consumers-Users, the designation of territorial competence is up to the claimant: the jurisdiction of the place of residence of the defendant, the jurisdiction of the place of actual delivery of the product or the place of execution of the service, or the jurisdiction of the place of residence of the Consumer-User at the time the contract was entered into or the time the prejudicial event occurred.
In the event of failure to reach a friendly settlement for the claim on the part of CHARGEMAP’s Support Service, Consumers-Users may appeal to the consumer mediator free of charge as pursuant to Article L. 612-1 of the French Consumer Code.
The competent mediator is CM2C and can be contacted by the following means:
Likewise, Users may appeal free of charge to the platform of the European Commission in relation to out-of-court settlements for disputes by following this link: http://ec.europa.eu/consumers/odr.
CHARGEMAP cannot be bound to execute its obligations in the event of force majeure and in any circumstances whereby it would be prevented from doing so by a situation external to its services.
Excepting provisions to the contrary, the fact that one of the parties does not demand the application of any clause whatsoever in these General Terms and Conditions, cannot under any circumstance be construed as a waiver of this party’s rights resulting from said clause.
Should one of the stipulations in the General Terms and Conditions herein be deemed null and void due to a legal rule, law in force or court decision in a competent jurisdiction, such stipulation shall be deemed as being unwritten. However, the other stipulations in the General Terms and Conditions shall retain their validity and scope. Furthermore, the parties agree that in the event of a clause being annulled by a competent court’s decision, the nullified clause shall be replaced by a valid clause close to the spirit and economics of the contract provided herein.
Any transfer by the User of the rights and obligations resulting from the General Terms and Conditions herein without CHARGEMAP’s prior consent is strictly forbidden. However, by accepting these General Terms and Conditions, Users give their prior consent for any transfer of CHARGEMAP’s rights and obligations resulting from said General Terms and Conditions to a third party. In the event of a transfer, and pursuant to Article 8.5, Users shall be informed of any modifications to the General Terms and Conditions of Sale.
The General Terms and Conditions herein can be modified at any time. It is therefore imperative for Users to consult and accept the General Terms and Conditions at the time they place their Order to be aware of the provisions applicable to said Order, in particular.
Users shall be informed of any modifications by email and a concurrent posting of said modifications on the Website within a reasonable period. The modified General Terms and Conditions of Sale shall therefore be brought to the attention of the Users and their consent shall be required so that the new General Terms and Conditions of Sale shall be enforceable.
Users shall then have the option of requesting the suspension or suppression of their User Account, if they do not accept said modifications, in accordance with the following rules. At any time and on simple request by letter or by electronic mail, Users may request the suppression of their User Account stored on the Website. The request can be addressed to CHARGEMAP via the Contact Form available in the “Contact” section of the Website, heading “About”, or at the following address: CHARGEMAP - 7 allée Cérès - 67200 STRASBOURG – France.
Complete suppression may take a few days.
WARNING: Suppression of the User Account does not, under any circumstance, cancel any invoices outstanding, which must be paid in full so that CHARGEMAP can finalise the total suppression of the data. Deactivation of the Chargemap Badge does not, under any circumstance, cancel the invoicing of Charging operations conducted up to the point the Badge is fully deactivated.