1. Introductory provisions
1.1. These General Terms and Conditions of the POLYFAZER service govern the contractual relationship for provision of the POLYFAZER service by the company QMX s.r.o., with its registered office at Plzeňská 183/181, Prague 5, Postal Code 150 00, Identification No.: 27232212, Tax Identification No.: CZ 27232212, entered in the Commercial Register administered by the Municipal Court in Prague, Section C, File No. 106333 (hereinafter referred to as the “Provider”) and use of the POLYFAZER service by a legal entity or natural person (hereinafter referred to as the “User”).
1.2. The General Terms and Conditions govern the mutual rights and obligations of the Provider and the User and are available in their current wording electronically on the Provider’s website at www.polyfazer.cz.
2. Definition of terms
Service: The subject of the Service is the Provider’s commitment to enable the User, under the conditions set forth in these General Terms and Conditions, to charge electric vehicles at POLYFAZER charging stations located in the Czech Republic.
Charging Stations: POLYFAZER electric-vehicle charging stations operated by the Provider. A list of charging stations and a charging socket type for connecting an electric vehicle are provided in the Application and on the Provider’s website.
Application: Application for mobile devices connected to the internet (smartphones, tablets, etc.), which enables charging of electric vehicles at Charging Stations. The application is available for download free of charge from the provider of the operating system of the User’s device (e.g. App Store, Google Play)
Price of charging: The price of charging an electric vehicle at a POLYFAZER Charging Station is set forth in the pricelist at www.polyfazer.cz and in the Application.Payment: A payment is understood to be a payment rendered by the User for electricvehicle charging by means of a payment card or in the form of a Premium SMS/MMS. User Account: A virtual account established by the User, by means of which the User logs into the application or the customer section of the website at www.polyfazer.cz.
3. Conditions for provision of the POLYFAZER service
3.1. The legal
relationship between the Provider and the User is governed by:
3.1.1. These General Terms and Conditions
3.1.2. The process described in the application and on the website at www.polyfazer.cz
3.1.3. Act NO. 89/2012 Coll., the Civil Code, as amended
3.1.4. If the User is a consumer, Act No. 634/1992 Coll., on Consumer Protection, as amended
3.2. In order to use the Service, the User must have the Application installed and an established User Account.
3.3. By establishing a User Account, the User expresses agreement with these Terms and Conditions.
3.4. Use of
the Service commences when:
a) the User connects an electric vehicle to a Charging Station
b) the User selects the location of a Charging Station via the Application
c) the User selects “charge” and chooses the type of Payment in the Application.
4. Billing and payment conditions
4.1. The Provider shall issue a simple, electronic tax document for the utilised Service upon completion of charging.
4.2. Tax documents shall be provided to the User in electronic form in the customer section of the Provider’s website.4.3. Tax documents shall be issued in accordance with Act No. 89/2012, the Civil Code, and appurtenances of the tax documents shall fulfil the conditions stipulated by Act No. 235/2015 Coll., on Value Added Tax.
5. Protection of personal data
5.1. The User agrees that the Provider shall be entitled to process and store personal data provided by the User and shall do so in accordance with the Act No. 101/2000 Coll., on Protection of Personal Data. The User has the right to be informed of the type of User data that the Provider registers and is authorised to change such data or withdraw, by means of a written notification, his/her consent to the processing of such data. Supervision of protection of personal data is carried out by the Office for Protection of Personal Data.
5.2. The User can inform the Provider that he/she wants to terminate the sending of commercial information and may do so via the electronic address obtained in connection with registration.
6. Complaints, refunds, cancellation
6.1. Complaints and refunds pertaining to provision of the Service are governed by the generally binding legal regulations (Act NO. 89/2012 Coll., the Civil Code, as amended, and Act No. 634/1992 Coll., on Consumer Protection, as amended).
6.2. The contact for registering complaints and refunds is email@example.com. Complaints and refunds will be handled without undue delay, no later than within 30 days from the date of submission. 6.4. Due the Service characteristics, no Service cancelation can be provided
7. Final provisions
7.1. Means of remote communication (particularly the internet) are used in the provision of the Service. Costs arising in association with the use of such means of communication (primarily the costs of connecting the Application to the internet) shall be paid by the User according to the pricelist of the User’s provider of electronic communication services.
7.2. Correspondence pertaining to provision of the Service shall be conducted in written form, sent either by e-mail, SMS, registered post or personal delivery.
7.3. In the case of inquiries pertaining to technical matters, it is possible to contact firstname.lastname@example.org or call +420 270 007 900.
7.4. These General Terms and Conditions are valid from 1 November 2015.