Attention! This service is not intended to charge your vehicle commercially. Therefore, you will be treated as a consumer for billing purposes and will also receive an invoice with VAT thereafter!

General terms and conditions

General

These General Terms and Conditions (GTC) apply to Charging Processes at a Charging Station used at Wattify. Wattify is a trademark of Wattify BV (hereinafter referred to as "Wattify"). When a Charging Process is performed, a contract is entered into between you and Wattify in accordance with the provisions of these GTC. The GTC are exclusively applicable. Any differing terms and conditions are not accepted by Wattify and are hereby rejected. This does not affect any additional regulations of the Charging Station operator, owner, parking lot manager or other third parties at the Charging Station location. You are solely responsible for complying with these additional regulations.

Information about your contract partner

Wattify BV,
 kriephoekstraat 25
9230 Wetteren, Belgium
E-mail: info@wattify.be
European IDR: BE*WTF

VAT ID: BE0777610990
Company purpose: IT service provision,

Definitions

Wattify is the software developed and managed by Wattify for the operation and billing of Charging Stations/Charging Processes. Wattify is a registered trademark of Wattify.
EVSE-ID (Electric Vehicle Supply Equipment Identifier) is a unique alphanumeric identifier of a Charging Point of a Charging Station.
Charging Station is the set of technical facilities (hardware and software) for charging electrically powered vehicles with electric power. A Charging Station has one or more Charging Points for connecting an electrically powered vehicle to charge its batteries.
Charging Process is the entire process of charging an electrically powered vehicle at a technically suitable Charging Point of a Charging Station, which consists of several events. In particular, a Charging Process is defined by a start and end time and by a start and end meter value. The start and end time determined by the Charging Station, as well as the associated meter values and the data relevant for allocation and billing, are transmitted by the Charging Station to Wattify and processed by Wattify for billing purposes.
Force Majeure means an event beyond Wattify's reasonable control that prevents Wattify from performing its obligations under this GTC, including but not limited to natural disasters, extreme weather, floods, lightning, explosions, fires, epidemics, pandemics, riots, war and military operations, national or local emergencies governmental acts or omissions, import, export or transportation bans, economic disputes of any kind, strikes or other industrial actions, collapses, disruptions of transportation or power networks, the impaired operation or failure of third-party networks, systems or equipment as well as negligence of any person or entity beyond the reasonable control of Wattify.
Mobile Payment Site means the website provided by Wattify over the Internet for the purpose of conducting a Charging Process and making a non-cash payment for a Charging Process at a Charging Station operated by Wattify. Through this website, you will see the rate applicable to the respective Charging Station as well as a link to this GTC. Through the Mobile payment site, you can initiate and pay for a Charging Process as described under point 5) of this GTC.
A Consumer is anyone who performs a Charging Process to charge a vehicle used for private purposes.

Subject

When a Charging Process is performed at a Charging Station operated by Wattify, a contract is entered into between you and Wattify in accordance with the provisions of this GTC. Therefore, you will receive an invoice for the Charging Process only from Wattify after the Charging Process has been completed.
The subject of this contract is the execution, non-cash payment and electronic billing of a Charging Process at a Charging Station operated by Wattify, including the supply (within the meaning of VAT legislation) of the electricity charged.
This contract does not constitute an ongoing obligation. This means that you do not enter into a long-term contract or subscription and you are not obliged to purchase certain minimum quantities. You are obliged to pay Wattify in full for the Charging Process you have performed in accordance with the provisions of this GTC. This contract ends automatically when the Charging Process is completed and paid in full.
This contract does not cover any additional charges incurred at the Charging Station location or any additional, ancillary or other third party services that you have actually used while performing the Charging Process. See also paragraph 7) of this GTC.

Execution of a Charging Process.

At the Charging Stations operated by Wattify, a QR code sticker is attached to each Charging Point, which, in addition to the QR code, also contains Wattify's logo and the EVSE ID of the relevant Charging Point.
If you scan a QR code with your cell phone, you will be taken to the Mobile Payment Site, where you can view the rate applicable to the relevant Charging Point and where you can pay and thus start a Charging Process. If you want to scan a QR code, you may need an appropriate app. The Mobile payment site is available in several languages.
The Mobile payment site first displays the rate applicable to the relevant Charging Point as well as links to this GTC and the privacy policy. To enable Wattify to comply with its disclosure and information obligations to you in accordance with Directive 2000/31/ and Directive 2011/83/ and to send you the invoice for the Charging process you have carried out and this GTC, you are required to enter your email address.
After you have entered your email address and checked two boxes, by which, on the one hand, you expressly declare your unconditional consent to the displayed rate and to this GTC and, on the other hand, expressly request Wattify that it should begin providing the service before the expiration of the period in which you can exercise your right of withdrawal, to which you are entitled as a Consumer, you will be directed to the selection of available payment providers by clicking on the corresponding button.
After you have selected the desired payment provider and completed all displayed fields, click on the "Pay" button. The Charging process will begin automatically after the payment process is completed, provided the car is connected to the Charging Station.
If you click Stop or disconnect the car from the Charging Station, the Charging process will be terminated and an invoice will be sent to the email address you provided.

Offer and Acceptance.

The information provided by Wattify through the Mobile Payment Site does not constitute a binding offer to enter into a contract, but by clicking the "Pay" button, you in turn make a binding offer to enter into a contract. Acceptance by Wattify takes place by initiating the Charging Process, which establishes the contract between you and Wattify.

Rates and Additional Charges.

The tariff displayed on the Mobile Payment Site may consist of a price per kilowatt hour (kWh), a price per minute or period, a flat rate per Charging Process or a combination thereof. Unless expressly stated otherwise, all prices are always inclusive of the VAT applicable at the location of the Charging Station and in the national currency applicable at the location of the Charging Station.
It is noted that in the case of a tariff consisting (at least in part) of a price per kWh or a price per minute, the actual total cost of the Charging Process cannot be calculated and displayed in advance, as it depends on the actual amount of energy charged or the actual duration of the Charging Process. By agreeing to this GTC, you hereby expressly state that you agree to this.
It is also noted that any additional fees or charges incurred at the Charging Station location for additional, supplemental or other third party services that you have actually used during the Charging Process are not included in the rate displayed on the Mobile Payment Site. Additional fees may be charged, in particular for Internet usage in connection with accessing the Mobile Payment Site with respect to your mobile carrier and for parking your vehicle during the Charging Process with respect to building owners or parking lot managers at the Charging Station location. Wattify has no control over the occurrence and amount of such additional charges. You are responsible for informing yourself of any additional charges and paying them to the relevant entities. By agreeing to this GTC, you expressly state that you agree.

Payment providers, payment processing and payment reservation.

Only the payment providers or non-cash payment methods available on the Mobile Payment Site are accepted. In connection with payment processing, additional terms and conditions of your payment provider may apply, over which Wattify has no influence.
Depending on the payment provider, Wattify will reserve an amount of up to EUR 80.00, or an equivalent amount in the national currency applicable to the location of the Charging Station, on your payment method or the relevant amount will be debited as a deposit. It is your responsibility to ensure that the payment method you have provided is valid, not blocked and that you have sufficient financial resources.
Should the actual total cost of the Charging Process be less than the amount reserved on your payment method or debited as a deposit, the difference will be released or refunded via your payment method immediately upon successful completion of the Charging Process, but at the latest within thirty (30) calendar days. Should the actual total cost of the Charging Process exceed the amount set aside on your payment method or debited as a deposit, the remaining amount must be paid immediately upon receipt of the invoice.
Charging Processes that take less than two (2) minutes or amount to less than 0.1 kWh will be considered faulty and therefore will not be charged. In this case, the full amount reserved on your payment method or debited as a deposit will be released again through your payment method or refunded immediately, but at the latest within thirty (30) calendar days.

Billing, payment, arrears and complaints

After the Charging Process is completed, you will receive an invoice from Wattify for the actual total cost of the Charging Process. Invoices are only sent electronically to the email address you have provided. Therefore, there is a rebuttable presumption that the invoice date matches the delivery date. By agreeing to this GTC, you expressly agree to this.
You are obligated to pay Wattify in full for the Charging Process performed by you in accordance with the terms of this GTC. If your payment method is invalid or blocked, or if insufficient funds are available, or if you or your payment provider subsequently cancel a payment transaction, Wattify is entitled to compensation for the actual total cost of the Charging Process, as shown on the invoice, plus any bank charges actually incurred. In these cases, the invoice date corresponds to the due date and Wattify is entitled to charge you interest on overdue payments at 4% per annum from the invoice date .

Your other obligations.

You must provide all information on the Mobile Payment Site truthfully and completely and confirm that the information you provide cannot be corrected on the invoice by Wattify after the Charging Process is completed. If the information you provide is incorrect or incomplete, we may not be able to provide you with the legally required information and invoice for the Charging Process you completed. In such cases, you expressly waive your right to the post-contractual provision of the legally required information in a durable medium and the transmission of the invoice for the Charging Process you have completed. Your obligation to pay in full for the Charging Process you have performed in accordance with the provisions of this GTC remains unchanged.
It is your sole responsibility to select a Charging Station or Charging Point for the Charging Process with the appropriate plug size for your vehicle. Not all Charging Stations or Charging Points are compatible with all vehicles.
A defective or obviously damaged Charging Station should not be used. This may result in damage to your vehicle or personal injury. The same applies if the Charging Station displays an error message. Damage or error messages must be reported immediately to the Charging Station operator or any employees present.
Charging Stations must always be used carefully and cautiously in accordance with the operating instructions provided at the Charging Station location or in accordance with the instructions of Charging Station operator or any employees present. Damage, in particular due to improper use or the use of incompatible plugs is to be avoided.
You are also required to inform yourself about and comply with any additional rules or regulations applicable at the location of the Charging Station, in particular operating instructions, traffic and parking regulations, as well as company or garage regulations.
Subject to any differing regulations applicable at the location of the Charging Station, you must remove your vehicle from the Charging Station immediately upon completion of the Charging Process in order to clear the associated parking area for third parties.

Limitations of Warranty and Liability.

Wattify contractually requires the operators of Wattify Charging Stations to maintain and repair them to ensure safe access to and use of these Charging Stations.
However, Wattify does not warrant and is not liable for the availability or operation of individual Charging Stations at all times and without interruption. This applies in particular to the performance of necessary maintenance and repair work, as well as to interruptions, breakdowns or damage to the Charging Station or the networks, impediments to access to the Charging Station or force majeure events beyond Wattify's influence or control.
Wattify will ensure that your vehicle is charged with the maximum possible charging power, however, in accordance with current network load, network capacity and safety parameters. The maximum available charging power is usually displayed or shown on the Charging Station.
Wattify, however, cannot guarantee and is not liable for any specific charging power of individual Charging Stations or individual Charging Points. In particular, if several Charging Points of a Charging Station are used simultaneously by several vehicles, the charging capacity of the individual Charging Point may be less for technical reasons. In addition, Wattify has the right to adjust or completely suspend the charging capacity of individual Charging Stations or individual Charging Points based on the currently available total capacity of the grid connection.
Subject to the foregoing, the general statutory warranty provisions apply to Consumers with respect to the proper billing of the Charging Process.
In addition, Wattify's liability for damages resulting from minor negligence is excluded. The above limitations of liability do not apply to personal injury. Furthermore, the above limitations of liability do not apply to Consumers for damages resulting from a breach of material contractual obligations.
To the extent Wattify's liability is excluded or limited according to the above provisions, this also applies to its managing directors, executive officers, (freelance) employees, representatives and other vicarious agents.

Right of withdrawal of Consumers

If you are a Consumer, you have the right, within fourteen (14) calendar days of contract conclusion (the withdrawal period), to withdraw from contracts entered into remotely or otherwise without giving any reason. To exercise your right of withdrawal, you must inform Wattify of your decision to withdraw from the contract concluded with Wattify by means of a clear statement. For this purpose, you can use the withdrawal form included in Appendix A of this GTC. It is sufficient to send the withdrawal statement within the withdrawal period.
If you withdraw from the contract, Wattify will immediately, but no later than fourteen (14) days after the day Wattify received your withdrawal statement, refund all payments already received from you, using the same payment method for reimbursement that you originally chose yourself. However, the following exceptions apply:

Online dispute resolution for Consumers

As a Consumer, you can file a complaint on the European Commission's European Online Dispute Resolution Platform. This can be accessed via the following link: https://ec.europa.eu/odr. The European Online Dispute Resolution Platform can be used to settle out-of-court disputes arising from a contract entered into with Wattify. Wattify is not obliged to participate in such a procedure for settling out-of-court disputes.
You can also send your suggestions or complaints directly to Wattify. To do so, please send an e-mail to info@wattify.be or contact Wattify via the contact form at https://wattify.be/nl/boek-demo#contacteerons.

Data protection

Wattify processes the personal data provided by you (e-mail address and other data provided by you) solely for the purpose of executing this contract, i.e. for the purpose of making and processing the non-cash payment and electronic billing of a Charging Process at a Charging Station operated by Wattify. Wattify does not use your personal data for purposes other than those stated.
The processing of personal data by Wattify is carried out on the basis of the applicable data protection regulations, in particular in accordance with the AVG.
The detailed information on data protection (Privacy Policy) in accordance with Article 13, ff. of the AVG can be found in the Privacy Policy on the use of our Mobile Payment Site (Appendix B).

Applicable law

This GTC is governed by Belgian substantive law. If you are a Consumer, it shall only apply to the extent that it does not limit mandatory statutory provisions of the state or country in which you ordinarily reside.

Place of jurisdiction

The court of jurisdiction for all disputes arising out of or relating to this GTC shall be the court at Wattify's headquarters that has jurisdiction based on the amount in dispute. With respect to Consumers, the statutory courts of competent jurisdiction shall apply.

Notifications

You must either send written notifications to the address listed in item 2) of this GTC or submit them through the contact form at https://wattify.be/nl/boek-demo#contacteerons. Written notifications are considered timely if sent before the relevant deadline (postmark date). For reports submitted via the contact form, the time of sending the contact form will apply.

Provision of and amendments to this GTC.

The current version of this GTC will be posted on the Mobile Payment Site and sent to the email address you provided after the Charging Process is completed. In addition, you may access this and older versions of this GTC at any time through our website at https://www.wattify.be.

Severability Clause

Should any provision of this GTC be or become invalid due to mandatory legal requirements, this shall not affect the validity of the remaining provisions. With respect to Consumers, the statutory provision shall apply instead of the invalid provision.

Version: March 2024

Appendix A

Annex B

1 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce')

2 Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council ('Consumer Rights Directive')

3 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation)


Copyright © 2024 Wattify, Inc. All rights reserved.