General terms and conditions of sale for electric mobility services
These conditions apply to electric vehicle users who use Freshmile's services to charge their vehicle using a means of access and payment provided by Freshmile, such as the Freshmile Pass, the Freshmile mobile application or on-demand charging.
Article 1 - Purpose
The present general terms and conditions of sale relate to the services marketed through the websites, web applications and mobile applications published by Freshmile SAS.
They determine the rights and obligations of each party, in the context of the use of these services.
Freshmile SAS reserves the right to modify unilaterally, and at any time, the content of the present conditions.
Article 2 - Company
Freshmile SAS
Registered Office : Aéroport Strasbourg, Bâtiment Blériot
67960 Entzheim, France
RCS Strasbourg n° 818 611 220
APE code: 7112B
Intracommunity VAT number: FR 88 818 611 220
Article 3 - Definitions
CGU : general conditions of use of the Sites, available on the freshmile.com website.
CGV : general terms and conditions of sale of the Services
Account : detailed list of the Operations of a User, which can be consulted on a personal online space, to which the User has access through identifiers such as an email address and a password.
Temporary Account: Account resulting from the occasional use of the Services without identification, in Guest Mode.
Contract: the whole of the GCU and the GTC.
EVSE: Electric vehicles supply equipment, i.e. a set of one or more recharging stations and their related equipment and facilities.
Guest Mode: mode by which a User accesses the Services without prior identification.
Operations: use of the Services by the User, whether these services are paid or free.
Services: services offered by the Company, in particular for electric vehicle recharging services, whether these services are paid for or free of charge.
Sites: all the websites, web applications and mobile applications made available to the Users by the Company.
Company: the company Freshmile SAS, as identified in the legal notice.
User: any person using the websites and the services, being identified by means of an email address and a password, or not identified.
Article 4 - Account
Opening conditions
The User opens an Account by providing, as a minimum, an email address and a password. When the Services used require the mailing of an object, such as an RFID card, a postal address is also required.
The User opens a Temporary Account when using the Services in Guest Mode. It is understood that by construction a Temporary Account is anonymous and has a lifetime limited to the Operations resulting from the Services used in Guest Mode.
The opening of an Account or a Temporary Account implies adherence to the Contract.
Withdrawal in the context of opening an account
Users who are natural persons, acting for purposes that are not part of their professional activities, have a right of withdrawal of 14 days after the date of opening the Account, provided that no paid or free Service has been consumed.
The User wishing to exercise his right of withdrawal must send his request to the customer service department by registered letter with acknowledgement of receipt (see Article 10).
Duration and termination
Any Account other than a Temporary Account has an unlimited lifetime. It may be terminated by registered letter with acknowledgement of receipt or by email.
The Company reserves the right to suspend or terminate the Account in the event of late payment or non-payment.
Refunds
In the event of a request for reimbursement of a possible credit on the User's Account, the request must be sent by email to support@freshmile.com, accompanied by a bank account number.
The request will be processed within 60 days, this period allowing the Company to check any consumption of paid Services that may be outstanding at the date of the request for reimbursement. The remaining balance is refunded by bank transfer to the account indicated on the bank details.
Article 5 - Pass
An RFID Pass can be purchased and associated with the Account. It can take the form of a card or a key ring. It is valid for an unlimited period.
In the event of a malfunction or malfunction due to normal wear and tear, the Pass is replaced free of charge, on request, after returning the defective badge by post, at the User's expense.
If the Pass is found not to be faulty or to have been abnormally worn or damaged, the replacement will be invoiced at the price of a new Pass, in accordance with the tariff in force (see Article 9).
Article 6 - Payment
With the exception of Freshmile Fleet accounts, the Accounts are prepaid or pay-as-you-go, when a bank card is filled in. When paying by credit card, a bank imprint of 50€ is made as a guarantee.
Payment methods accepted are bank card (Visa, Mastercard), bank transfer and cheque.
When an invoice is issued, the payment period is 15 days from the date of issue, unless otherwise stated on the invoice.
Invoices are available in electronic form. Paper invoices sent at the Customer's request are charged at €2.40 (€2 excluding VAT) per item.
One-off payments are subject to a minimum charge of €0.50 including VAT.
Article 7 - Processing of personal data
In accordance with the amended law n°78-17, relating to data processing, files and freedoms of 6 January 1978, information of a personal nature relating to Users of the Sites and Services may be subject to automated processing. The Company reserves the right to collect information on Users, including by using cookies.
Users may object to the disclosure of their details by notifying the Company. Similarly, Users have the right to access and rectify data concerning them. To do so, Users may contact the Company by email at web@freshmile.com.
The automated processing of information, including the management of e-mail addresses of Users of the Websites and Services, has been declared to the CNIL and registered under number 1975383.
Article 8 - Responsibilities
Use of the Services
The User is solely responsible for the use he makes of the Services and the direct or indirect consequences of this use.
It is the User's responsibility to make proper use of the Services. Proper use means connecting to the EVSE via a cable that complies with the regulations in force for an electric vehicle approved in France or in the country of the EVSE concerned.
The Company reserves the right to close the Accounts of Users who do not comply with the provisions of the Contract.
Limits of liability
The Company shall not be held responsible for the non-functioning, impossibility of access or malfunctioning of the services of the User's Internet access provider.
The Company is not responsible for the content of links outside the Sites that are managed by third parties.
Under no circumstances may the Company be held responsible for any damage, direct or indirect, of any nature whatsoever, resulting from the use of the Services. The Company's liability may only be sought for proven fault and for direct and foreseeable damage, exclusively caused by a failure to fulfil its obligations.
The Company does not guarantee the availability of the Services or of the EVSE to which the Services give access.
The Company cannot be held responsible for what may result from the misuse or malfunction of the EVSE. The same applies to the environment of the EVSE, such as, but not limited to, the power supply of the charging infrastructure, the charging cable, and the vehicle.
The Company is not responsible for any damage, deterioration or theft concerning the charging cables and the User's vehicles.
Force majeure
All the obligations incumbent on the Company do not apply in the event of force majeure.
Article 9 - Rates
Only the prices of the Services displayed on the Sites are authentic. The Company is not bound by the conditions and rates published by third parties concerning the Services offered by the Company.
Prices are subject to change without notice. It is the User's responsibility to check the rates on the Sites before using the Services.
Article 10 - Customer service
The customer service can be reached at the following address:
Freshmile Customer service
Strasbourg Airport, Blériot Building, 67960 Entzheim
support@freshmile.com
03 69 24 67 32
Article 11 - Mediation
In accordance with Article L152-1 of the French Consumer Code, the Company offers an internal mediation service for cases where the customer service department has not provided satisfaction. It can be reached at the following address:
Freshmile
Mediation Service
Strasbourg Airport, Bâtiment Blériot, 67960 Entzheim
03 69 24 67 32
Freshmile also offers an external mediation service provided by the Centre de la Médiation de la Consommation de Conciliateurs de Justice. It can be reached at the following address:
CM2C
14 rue Saint-Jean
75017 Paris
Article 12 - Disputes
These GTC are subject to French law.
In the event of a dispute with an individual User-customer, acting for his or her own personal needs, mediation will be proposed as provided for in Article 11, with a view to an amicable settlement of the dispute. In the event that no amicable solution is found, the court seized shall be, at the option of the claimant, either the courts of Strasbourg (jurisdiction of the Company's registered office) or the courts of the territorial jurisdiction of the User's place of residence.
In the event of a dispute with a professional client User, the parties shall endeavour to settle amicably any disputes that may arise between them relating to the performance or interpretation of these GCU. In the absence of an amicable settlement, the parties intend to confer exclusive jurisdiction on the Strasbourg courts.
Terms and conditions for charging infrastructure operator services
These conditions apply to charging point owners, installers and maintainers of charging points using Freshmile's services to manage electric vehicle charging points.
Article 1 - Definitions
- GTC: the present general terms and conditions of sale.
- Customer: user of the Products and Services.
- Contract: operating contract concluded between the Customer and the Supplier, consisting of the quotation accepted by the Customer and the general sales and use conditions.
- Quotation: commercial document given by the Supplier to the Customer, detailing the services offered and their price.
- Supplier : Freshmile SAS.
- EVSE: Electric Vehicle Supply Equipment, i.e. a set of one or more Charging Points and their related equipment and fittings.
- Software: all websites, software, web and mobile applications made available by the Supplier under the Contract.
- Private Charge Point: a charge Point to which access is reserved for certain Users, whether charging is paid for or free of charge.
- Public Charging Point: a charge Point whose access is open to all Users, whether charging is paid or free.
- Products and Services: all products, services and software licences marketed by the Supplier.
- User: end user of the charging Point, i.e. a natural person recharging an electric vehicle.
Article 2 - Purpose
These GTC define the conditions of the supply of Products and Services to the Customer by the Supplier.
Article 3 - Description of the Products and Services
The Products and Services and the related Software are subject to continuous development and may be updated or modified without notice by the Supplier. Therefore, the following list is not an exhaustive description:
Software
Freshmile Park, Freshmile Move, Freshmile Charge, Freshmile Charge mobile application, freshmile.com website, and white label versions of the above mentioned tools.
Services
Operation of an EVSE technical supervision centre, operation of a call centre and a customer relations centre, collection of revenue on own account and on behalf of third parties, management of roaming relationships on own account and on behalf of third parties, related IT development.
Supply of equipment
Supply of SIM cards and related telecommunication subscriptions, supply of equipment such as terminals and modems.
Article 4 - Supply and commissioning
The Products and Services are supplied for the duration of the Contract. The supply of the Software implies a user licence, limited to the purpose of the Contract. The Client is granted rights to use the Software, but does not acquire any intellectual property rights.
The equipment and its installation, when carried out by a Supplier's representative, are supplied with a one-year warranty covering parts and labour. The date of commencement of the guarantee is the earlier of the following two dates: the date of receipt of the equipment delivered, or the date of the first commissioning of the equipment plus one month.
Commissioning is considered effective on the date of the first reception of the IRVE data from the physical installation site of the EVSE.
Article 5 - Billing
Commissioning and subscription
The Supplier shall invoice the Products and Services from the date of commissioning. The commissioning invoice is sent immediately after this date.
The subscription invoices are issued in arrears. Invoices are sent electronically. Paper invoices sent at the request of the Customer are invoiced at €2 excl. Invoice submissions on digital platforms at the Customer's request require special procedures which are subject to specific invoicing. The Customer shall be informed of this billing when these special procedures are implemented.
Accepted methods of payment
Invoices may be paid by bank transfer, cheque or direct debit in accordance with the methods described on the invoices.
Complaints
Complaints must be addressed by the Customer to the Supplier in writing, before the due date for payment. In the event of a partial complaint, not relating to the entire invoice, the amounts not affected by the complaint must be paid on the due date.
Late payment
In accordance with the provisions of the Commercial Code, any delay in payment shall automatically entail, in addition to the late payment penalties, an obligation on the part of the debtor to pay a fixed indemnity of €40 for collection costs. This is due from the day after the due date shown on the invoice.
An additional indemnity may be claimed, with proof, when the collection costs incurred are higher than the fixed indemnity.
In accordance with the regulations in force, the indemnity for collection costs does not apply when the Customer is in the process of safeguard, recovery or judicial liquidation proceedings.
Penalties for late payment
In the event of late payment, a new invoice will be issued taking into account an amount corresponding to three times the legal interest rate in force for each working day of delay.
Charging pricing
For technical reasons, the Supplier reserves the right to validate the recharge rates decided by the Customer before applying them. Any request for a change in pricing will be passed on within 30 days at the latest. This period may be extended in the event of constraints due to roaming relationships.
Fee-for-service payments by bank cards are subject to a minimum charge of €0.50 including VAT.
Retrocessions of revenue
Revenue refunds owed by the Supplier to the Customer are issued in the form of a credit note or are refunded directly, quarterly in arrears.
Article 6 - Responsibilities
Obligations of the Customer
The Customer is solely responsible for any damage caused by its use of the Products and Services. The Customer is responsible for the security of its identifiers allowing access to the Software.
The Customer is responsible for maintaining the EVSE's parameters throughout the duration of the Contract. These parameters include in particular the settings of the local computer network, the modem(s) and the EVSE. The Customer is solely responsible for the use and maintenance of the EVSE.
Supplier's obligations
The Supplier is responsible for the implementation of the means necessary for the proper functioning of the services of the offer. The availability of the Software is guaranteed to be at least 98%.
In the event of non-compliance with the availability of a service, a fixed penalty corresponding to one month's subscription to the corresponding service shall be applied. This penalty compensates for the entirety of the loss suffered and may only be activated once a month. The Customer waives any other claim for damages. The request must be addressed in writing to the Professional Customer Service.
If the Supplier proves that the failure is not attributable to him (e.g. misuse of the Software, modification of the parameters on site, technical failure of an EVSE, malfunction due to third party operators), the penalty is not due.
If the Supplier proves that the failure is not attributable to him (e.g. misuse of the Software, modification of the parameters on site, technical failure of an EVSE, malfunction due to third party operators), the penalty is not due.
Limits of liability of the Supplier
The Supplier is not responsible for the quality of the telecommunication network used (Ethernet, 4G, etc.), nor for any loss of communication, which could lead to a temporary shutdown of all or part of the Products and Services.
The Supplier is not responsible for problems resulting from incorrect installation of equipment that has not been installed under the Contract, a defect in the EVSE, a defect in the vehicle, incorrect handling by the User or improper use. Proper use means connection to the EVSE via a cable that complies with the regulations in force for an electric vehicle approved in France or in the country of the EVSE in question.
The Supplier is not responsible for elements ancillary to the EVSE, such as the power supply for the charging infrastructure, the charging cables and the Users' vehicles, as well as the services provided by third-party operators.
The Supplier is not responsible for any damage, deterioration or theft of the charging cables and the Users' vehicles.
The Supplier is not liable for any indirect damage, such as operating loss, loss of turnover, loss of data, commercial and financial damage.
The Supplier's financial liability for direct damage is limited to one time the amount of the Contract for a maximum period of six months.
Article 7 - Duration, suspension, termination
For Products and Services that are not one-off, the Contract is concluded on the date of acceptance of the Quotation. It is valid for 12 months from the date of commissioning. The duration of the Contract may be longer than 12 months, depending on the offer taken out by the Customer.
In the event that the Customer does not comply with these GTC, the Supplier reserves the right to suspend the Products and Services in whole or in part, after formal notice has been sent by registered letter and remained without effect for a period of fifteen days.
By way of exception, the Supplier reserves the right to suspend the services as of right, without prior notice or compensation in the following cases
- Attempted hacking of the Supplier's servers from the Customer's accounts;
- Non-compliant use of the Products and Services.
After the initial term of the Contract has expired, the Customer may terminate the Contract by giving 3 months' notice. The termination request must be sent in writing to the Professional Customer Service.
Article 8 - Data
The Supplier, in its capacity as data processing manager, undertakes to comply with the provisions of Law no. 78-17 of 6 January 1978 relating to data processing, files and freedoms, as amended by Law no. 2004-801 of 6 August 2004 relating to the protection of individuals with regard to the processing of personal data.
The Supplier has declared the processing of data to the CNIL (declaration n°1975383). Customer data is not passed on to third parties for advertising purposes. However, Customer data may be communicated for regulatory or technical reasons, in particular but not only in the context of the roaming of electric vehicle charging.
Data relating to Charging Points and charging sessions may be transmitted to third parties, such as mapping sites, mobility operators, roaming platforms, government services and organisations mandated by them.
Article 9 - Professional customer service
The Professional Customer Service can be reached at the following address:
Freshmile | Professional Customer Service
Strasbourg Airport, Blériot Building, 67960 Entzheim
office@freshmile.com
03 69 24 67 32
Article 10 - Force majeure
Neither the Customer nor the Supplier shall be held liable for the non-performance of their obligations in case of force majeure.
Article 11 - Jurisdiction
This Agreement shall be governed by French law. The parties shall endeavour to settle amicably any disputes that may arise between them in connection with the performance or interpretation of this Contract. Failing this, the parties intend to confer exclusive jurisdiction on the Strasbourg courts.
General conditions of use of the sites
Article 1 - Purpose
The purpose of the present general terms of use is to define the terms and conditions of the websites, software, web and mobile applications published by Freshmile SAS.
Article 2 - Legal notice
Freshmile
Simplified joint stock company with a capital of € 2 011 200
Registered office: Aéroport Strasbourg, Bâtiment Blériot, 67960 Entzheim, France
RCS Strasbourg n° 818 611 220
APE code: 7112B
Intracommunity VAT number: FR 88 818 611 220
Contact : web@freshmile.com
Telephone : 03 69 24 67 32
Director of publication: Mr Arnaud Mora
Hosting: Scalingo, 15 avenue du Rhin, 67100 Strasbourg, France; Scaleway / Online SAS, 8 rue de la Ville l'Evêque, 75008 Paris, France ;OVH SAS, 2 rue Kellermann - 59100 Roubaix - France
Article 3 - Definitions
- GCU: the present general conditions of use of the Sites.
- Personal Data: all data collected about the User, including cookies, through the Company's Sites.
- Sites: all websites, software, web and mobile applications published by the Company.
- Company: Freshmile SAS
- User: any person using the Sites, being identified by means of an email address and a password, or not identified.
Article 4 - Access to the content
The Sites offered by the Company are available for use throughout the world, without any voluntary geographical exception.
The graphic or photographic representations on the Sites are not contractual and cannot be interpreted as representing exactly the products and services sold by the Company.
The use of the Sites implies the unreserved acceptance of these GTC.
Article 5 - Intellectual property
Sites
All elements of the Sites are and remain the exclusive intellectual property of the Company. Any reproduction, even partial, exploitation, redistribution or use of the elements of the Sites, in any form whatsoever, is strictly forbidden under penalty of criminal prosecution.
Trademarks
Any total or partial reproduction of trademarks and logos made from elements of the Sites, without the express authorisation of the Company, is prohibited (Art. L.713-2 and following of the Intellectual Property Code).
Content
The User shall refrain from any action aimed at appropriating or attempting to appropriate unduly any information or any content of the files. The right of use enjoyed by the User includes the viewing of information on screen and the copying of documents made available. It does not confer any reproduction or redistribution rights for commercial purposes.
Article 6 - Processing of personal data
In accordance with the amended law n°78-17, relating to data processing, files and freedoms of 6 January 1978, information of a personal nature relating to Users of the Sites may be subject to automated processing. The Company reserves the right to collect information on Users, including by using cookies. Users may object to the disclosure of their details by notifying the Company. Similarly, Users have the right to access and rectify data concerning them. To do so, Users may contact the Company by email at web@freshmile.com.
The automated processing of information, including the management of e-mail addresses of Users of the Sites, has been declared to the CNIL and registered under number 1975383.