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Terms and Conditions
2024 TERMS AND CONDITIONS OF ACCESS AND USE
These Terms and Conditions of Use apply to the DejaBlue Charging Service, which the User Customer hereby accepts. DejaBlue’s headquarters are located at: 1 rue de Chantilly 75009 Paris, identified under the French SIRET number 977 957 893 00018. Contact: contact@dejeblue.energy
ARTICLE 1: DEFINITIONS
DejaBlue App: means the mobile phone app available for download on Google Play and Apple Play. The DejaBlue App is free to download and works after creating a Customer account.
DejaBlue App Clip (or Instant): means the mobile phone light app available after scanning a QR code of NFC chip and with no download on the Apple Store and Google Play Store. The DejaBlue App Clip is free and works without creating a Customer account.
Charge: refers to charging of a Vehicle available through the DejaBlue Service. It is specified that DejaBlue cannot guarantee the charging level of the Vehicle, as several factors influence the amount of electrical power (expressed in kW) of your charge:
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The car model
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The charging cable
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The power available at the charging point
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The charge level
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The temperature
Charging Station(s): refers to one or more vehicle charging stations set up, made available and managed by DejaBlue.
Customer(s): refers to any user using the Services.
Equipment: refers to any equipment issued by or certified by the vehicle manufacturer to provide vehicle charging. DejaBlue disclaims any responsibility for non-compliant or non-compatible Equipment used by the Customer.
Charging Hub: refers to all the equipment, including one or more Charging Stations, as well as all the elements made available to the User by DejaBlue for her/his charge (booking screens, lighting, WiFi access, etc…).
DejaBlue Service: refers to the charging service covered by the Contract, which can be accessed on the Charging Station network and through the Personal Area.
Vehicle: refers to the Customer's or User's private vehicle, either electric or plug-in hybrid, and for which the Charging Service is used. Without any further clarification, the term “Vehicle” refers to a private passenger vehicle.
ARTICLE 2: PURPOSE
The DejaBlue Terms and Conditions define the conditions of access and use of the DejaBlue Service and the Customer. The use of the DejaBlue Service is subject to the Customer's acceptance of and compliance with these Terms and Conditions.
ARTICLE 3: CHARGING PROCEDURE
The Customer can use the DejaBlue Service via the DejaBlue App or DejaBlue App Clip or via an RFID card provided by DejaBlue at private charging sites. The use of the DejaBlue Service by means of an RFID card requires the acceptance of these DejaBlue Terms and Conditions on her/his mobile phone, either from the online payment Website or the DejaBlue App, upon prior acceptance and compliance with the DejaBlue Terms and Conditions.
ARTICLE 4: RIGHT OF WITHDRAWAL
Any private Customer is entitled to a right of withdrawal that he/she may exercise without penalty, within thirty days from the date of purchase, unless he/she has carried out the Charge within this period.
The right of withdrawal shall be exercised by using the withdrawal form available on DejaBlue's website or in the DejaBlue App (more precisely via the booking cancellation of a charging slot) or by a letter mailed to DejaBlue at the above address specifying “Right of withdrawal” on the envelope. Exercising the right of withdrawal without Charge entitles the Customer to a refund of any amount paid by the Customer, within thirty days from the date DejaBlue was informed of the Customer's decision to withdraw.
ARTICLE 5: PRECAUTIONS FOR USING THE SERVICE
The Customer must use the Charging Stations and the equipment made available at the Charging Hubs in the correct conditions defined by the manufacturer of her/his vehicle and with the correct Equipment. Any damage caused by non-conforming use will result in the Customer's liability and obligation to compensate DejaBlue for the damage suffered.
The Customer is liable for any damage caused by her/his use of the Charging Station.
The Customer must comply with any warning or alert message or information displayed on the Charging Station screen.
In the event of a malfunction of the Charging Station, a support service is available at the Charging Station or in the DejaBlue App.
ARTICLE 6: DURATION
The Service is available as long as the Customer's account is activated and her/his payment methods remain valid.
ARTICLE 7: PRICE – PAYMENT METHODS
The Charge is carried out at the rate applicable at the time of ordering the Charge and is invoiced and debited from the Customer upon completion of the Charge.
Invoices are issued in electronic format.
Invoices to Customers using the DejaBlue App are available in their personal area or by email.
In case of total or partial default of payment, the unpaid amounts incl. VAT may be increased ipso jure and without prior formal notice or reminder, with interests amounting to three times the legal interest rate.
The total or partial default of payment is notified by DejaBlue to the Customer by email.
ARTICLE 8: OBLIGATIONS
The Customer uses the Service in accordance with DejaBlue's Terms and Conditions.
DejaBlue is bound by an obligation of means in fulfilling its obligations.
DejaBlue's liability in case of wrongful failure to fulfill its obligations is limited to the reimbursement of the Service not performed.
ARTICLE 9: PERSONAL DATA
DejaBlue applies and complies with the provisions of Law No. 78-17 of January 6, 1978, as amended, relating to information technology, files and freedoms and the European Regulation (EU) 2016/679 of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and the free movement of such data. The Customers' personal data is subject to processing for which DejaBlue is the controller. The data collected is intended for DejaBlue, and, if the Customer agrees, its partners and external service providers. The Customer can view DejaBlue's privacy policy at: https://www.dejablue.energy/privacy.
This data is collected as part of the subscription and performance of the Service. Data collection is mandatory when it is necessary for the management of the Contract, billing and payment collection, or for exercising the right of withdrawal. Any failure to provide this data will result in the impossibility to use the Service.
Commercial prospecting by electronic means by DejaBlue or its partners is possible if the Customer has previously given her/his express consent.
The data collected by DejaBlue will be retained as long as the DejaBlue App is installed and the Customer's account is activated and 3 years from the deactivation of the Customer's account or, in case of Charge via credit card, 3 years from the last Charge.
With respect to her/his personal data, the Customer has the right to access, rectify, oppose without charge the use of such information for commercial prospecting purposes, as well as the right to limit its processing.
The Customer or the User can, by giving proof of her/his identity if necessary, exercise the above mentioned rights at DejaBlue by email at dpo@dejablue.com or from her/his personal area. In the case of electronic prospecting, he/she can also use the unsubscribe link provided in the email sent by DejaBlue.
ARTICLE 10: SERVICE TERMINATION
The Customer may terminate the Plan at any time without notice or penalty by deactivating her/his Customer account.
DejaBlue may terminate the Service in the event of non-payment by the Customer or misconduct in relation to these DejaBlue Terms and Conditions.
ARTICLE 11: APPLICABLE LAW – DISPUTES
The law applicable to the DejaBlue Terms and Conditions is French law. In the event of a dispute relating to DejaBlue's Service provision, the Customer may submit a written claim to DejaBlue. In the event of a dispute, the Customer may refer the matter to the Mediator CM2C.
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