Our terms & conditions

E-Cap Mobility GmbH Terms & Conditions

1 Scope, definitions

(1) The business relationship between E-Cap Mobility GmbH (hereinafter referred to as the "Vendor") and the Buyer (hereinafter referred to as the "Customer") shall be governed exclusively by the following General Terms & Conditions (GTC) in the version valid at the time of conclusion of the contract, with the exception of orders placed via the Vendor's online shop.

(2) In these Terms & Conditions, customers are both consumers and entrepreneurs.

(3) In these Terms & Conditions, a consumer means every natural person who enters into a legal transaction for purposes that predominantly are outside his or her trade, business or profession (Section 13 of the German Civil Code (BGB)).

(4) In these Terms & Conditions, an entrepreneur means a natural or legal person or a partnership with a legal entity who or which, when entering into a legal transaction, acts in exercise of his/her or its trade, business or profession (Section 14 paragraph 1 of the German Civil Code).

(5) The Vendor shall not recognize any deviating terms and conditions of the Customer unless it has expressly agreed to their validity.

2 Contractual partners, offers, the scope of delivery and conclusion of the contract

(1) The contractual partner of the customer is E-Cap Mobility GmbH.

(2) The Vendor's contractual offers shall be conditional and non-binding unless expressly indicated as binding.

(3) Specifications from the Vendor about the object of delivery (quantity, weights, dimensions, etc.) are not guaranteed qualities, but a description or identification of the goods or service. Deviations customary in the trade shall be permitted.

(4) The transfer of concluded contracts to third parties (assumption of contract) requires the prior consent of the Vendor to be valid.

3 Prices, terms of payment and electronic invoice

(1) Prices are stated are in euros and include VAT, but not include shipping. Custom duties and similar charges shall be borne by the Customer.

(2) Unless expressly agreed otherwise, the Vendor shall make delivery only in return for advance payment.

(3) The Customer agrees that the Vendor will send the invoice as an electronic invoice (invoice issued and received in an electronic format, e.g. as a PDF document) to the Customer by e-mail. The Vendor may, at its own discretion, also send the invoice to the Customer on paper.

4 Set-off and retention

(1) The Vendor shall be entitled to rights of set-off and retention as well as the defence of non-performance of a contract to the extent permitted by law.

(2) The Customer may only set off his own claims against claims of the Vendor if the counterclaims are undisputed or legally established. The Customer may only withhold services owed by him or her due to legitimate counterclaims from the same contractual relationship.

5 Terms of delivery

(1) The Vendor shall be under obligation to comply with a completion date designated in writing as binding.

(2) Irrespective of its rights concerning default on the part of the Customer, the Vendor may demand an extension of delivery and performance deadlines or a postponement of delivery and performance dates by the period in which the Customer fails to meet his or her contractual obligations to the Vendor.

(3) If the scope of work changes or expands compared to the original order and a delay occurs as a result, the Vendor shall without delay give a new completion date, stating the reasons.

(4) The Vendor shall not be liable for deliveries that are not possible or are delayed, insofar as they have been caused by force majeure, such as in particular damage caused by fire, floods and diseases (including epidemics and pandemics) insofar as a risk level of at least “moderate” is defined by the Robert Koch Institute or by other events unforeseeable at the time the contract was concluded (e.g. operational disturbances of all kinds, difficulties in material or energy procurement, transport delays, strikes, legal lockouts, a shortage of workforce, energy or raw materials, difficulties in procuring necessary official approvals, official measures or non-delivery or incorrect or late delivery by suppliers), for which the Vendor is not responsible. Insofar as such events make it significantly more difficult or impossible for the Vendor to deliver or perform and the hindrance is not only of temporary duration, the Vendor is entitled to withdraw from the contract. In the case of hindrances of temporary duration, the delivery or service deadlines shall be extended or postponed by the period of the hindrance plus a reasonable start-up period. If, as a result of the delay, the Customer cannot be expected to accept the delivery or service, he or she may withdraw from the contract by giving the Vendor prompt written notification.

(5) Should the Vendor default on delivery or service, the Vendor's liability for damages shall be limited to 5% of order value, unless the default is due to at least gross negligence on the part of the Vendor. Section 14 of these Terms & Conditions shall otherwise apply. Default shall occur only if the Vendor does not perform within a reasonable grace period, despite a reminder from the Customer.

6 Warranty claims/guarantees of the vehicle manufacturer/seller

Conversion to electric drive may invalidate any warranty and/or guarantee claims that may still exist for the vehicle undergoing conversion. The Customer is encouraged to get in touch with the manufacturer or dealer about this in advance. A check of this is expressly not the object of the service being provided by the Vendor.

7 Performance of workshop services

(1) The workshop service shall be performed in the workshop at the Vendor's registered office in Winsen (Luhe) on the agreed delivery and performance date.

(2) If a deadline cannot be met by one party, the other party shall be informed of this without delay. The Customer shall be offered an alternative date without delay. If it is unreasonable to adhere to the contract due to the non-observance of a deadline, the parties shall be free to withdraw from the contract and assert claims for damages and reimbursement of expenses.

(3) On the agreed handover date, the Customer shall hand over to the Vendor his or her vehicle together with the keys and vehicle registration document (Registration certificate Part I) and free of personal and other valuables for the performance of the workshop service.

(4) The Vendor is entitled to carry out drives or test drives with the vehicle.

8 Subsequent extensions to workshop services

(1) If during the performance of the order, the Vendor discovers that further work is required on the Customer's vehicle in order to perform the workshop service or that further repair work is required, the Vendor shall inform the Customer of this without delay and submit a new, individual quote to the Customer, taking into account the subsequent extensions. If the customer accepts the new quote, a new order shall be concluded under the terms of the new quote.

(2) The Vendor reserves the right to withdraw from the contract or to terminate it in accordance with the statutory provisions if it becomes apparent during the performance of the workshop services that further necessary work must be carried out in order to fulfil the contractually owed service, without which the contractually owed success cannot occur, and the Customer refuses to consent to the performance of this additional work.

9 Acceptance of workshop services

(1) The acceptance of the object of the order by the Customer shall take place at the Vendor's place of business unless otherwise agreed.

(2) On the pick-up date, the Customer shall be obliged to accept the workshop service performed in accordance with the contract, unless acceptance is excluded due to the nature of the workshop service. Acceptance shall be deemed to have taken place if the Customer does not accept the workshop service within a period of one week set for him or her, although he or she is obliged to do so. In this case, the Vendor shall waive receipt of the declaration of acceptance.

(3) After the workshop service has been performed and no later than one week after receipt of the completion notification and handover/sending of the invoice, the Customer is obliged to pick up and accept his or her vehicle. In the case of workshop services that are carried out within one working day, this period shall be reduced to two working days.

If the Customer commissions the Vendor to convert a vehicle to an electric drive, upon completion of the service and an appropriate deadline set by the Vendor, he or she is required to pick up the dismantled components (e.g. engine, fuel tank, exhaust system) or to have them picked up at his or her own expense.

(4) In acceptance is delayed, the Vendor may charge the Customer the customary local standing or storage costs. The risks of storage shall be borne by the customer.

10 Right of cancellation by consumers

(1) When concluding a distance selling deal, consumers generally have a statutory right of cancellation, which the Vendor hereby informs them of in the following:

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Purchase contract cancellation policy

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Right of cancellation

You have the right to cancel this contract within a period of fourteen days without giving any reason. The cancellation period is fourteen days from the day

a) on which you or a third party named by you, who is not the carrier, has taken possession of the goods if you have ordered one or more goods as part of a uniform order and the item or goods is or are delivered uniformly; or

(b) on which you or a third party other than the carrier and designated by you have taken possession of the final goods, if you have ordered several goods as part of a single order and the goods are delivered separately; or

(c) on which you or a third party other than the carrier and designated by you have taken possession of the last consignment or the final item if you have ordered goods which are delivered in several consignments or items.

To exercise your right of cancellation, you must inform us (E-Cap Mobility GmbH, Messerschmittstr. 6, 21423 Winsen (Luhe), Germany, Tel.: +49 (0)4171 6794700, Telefax: +49 (0)4171 668716 8, E-mail: info@ecap-mobility.com) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to cancel this contract. You can use the attached sample cancellation form for this purpose, which is, however, not mandatory.

To comply with the cancellation period, it is sufficient for you to send the notification of your exercise of the right of cancellation before the end of the cancellation period.

Consequences of cancellation

If you cancel this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the inexpensive standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction unless expressly agreed otherwise with you; in no case will you be charged for this repayment.

We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever occurs first.

You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the end of the fourteen-day period.

You bear the direct costs of returning goods that can be sent by parcel post. You shall also bear the direct costs of returning goods that cannot be sent by parcel post. These costs are estimated at a maximum of approximately EUR 200.00.

You only have to pay for any loss in value of the goods if this loss in value is attributable to handling of the goods that is not necessary for checking the quality, characteristics and functioning of the goods.

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Service contract cancellation policy

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Right of cancellation

You have the right to cancel this contract within a period of fourteen days without giving any reason.

The cancellation period is fourteen days from the day of the conclusion of the contract.

To comply with the cancellation period, it is sufficient for you to send the notification of your exercise of the right of cancellation before the end of the cancellation period.

Consequences of cancellation

If you have requested that the services begin during the cancellation period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of your exercise of the right of cancellation in respect of this contract compared to the total scope of the services provided for in the contract.

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(2) Exclusion of the right of cancellation

The right of cancellation does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

(3) Sample cancellation form

(If you wish to cancel the contract, please complete and return this form).

E-Cap Mobility GmbH To E-Cap Mobility GmbH, Messerschmittstr. 6, 21423 Winsen (Luhe), Germany, Telefax: +49 (0)4171 668716 8, E-mail: info@ecap-mobility.com
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of consumer(s) (only in case of a notification on paper)
Date

(*) Strike through where not applicable

11 Set-off, retention

The Customer shall only have a right of set-off if his or her counterclaims have been legally established or recognised by the Vendor. The Customer shall only be entitled to exercise a right of retention insofar as his or her counterclaim is based on the same contractual relationship.

12 Retention of title

(1) The goods delivered to the Customer shall remain the Vendor's property until complete payment of all secured receivables has been effected.

(2) The Customer shall not be entitled to process and sell reserved-title goods. Pledges and transfers by way of security are not permitted.

(3) In the event that the Customer combines the goods subject to retention of title with another item in such a way that they become an integral part of a unified item, it is agreed that the Vendor directly acquires the property or - if the connection with movable property is with several owners or the value of the other items is higher than the value of the reserved title goods - joint ownership (fractional ownership) of the newly created goods in proportion to the value of the goods subject to retention of title to the value of the newly created goods.

(4) In the event that the goods subject to retention of title are resold, the Customer shall assign the Vendor the resulting claims against the buyer in an amount proportionate to the Vendor's ownership of the goods delivered.

(5) If third parties attempt to seize the goods subject to retention of title, specifically by way of seizure, the Customer shall without delay notify them of the Vendor's ownership and the Vendor of this fact to enable it to take steps to secure its ownership rights.

13 Warranty, defects

(1) If the Customer is a consumer, he or she is entitled to statutory rights for any defects. (2) If the Customer is a legal entity under public law, a special fund under public law or an entrepreneur who is acting in the exercise of his or her commercial or independent professional activity when concluding the contract, the warranty period shall be one year from the date of delivery or, should acceptance be required, from acceptance. This period does not apply to claims for damages by the Customer resulting from injury to life and limb or health generally or from an intentional or grossly negligent breach of duty on the part of the Vendor or its vicarious agents, which expire in accordance with legal requirements.

(3) If the Customer is a legal entity under public law, a special fund under public law or an entrepreneur who is acting in the exercise of his or her commercial or independent professional activity when concluding the contract, he or she must carefully inspect the goods delivered by the Vendor immediately upon receipt. The goods shall be deemed accepted insofar as, with regard to obvious defects or other defects which would have been recognisable in the course of an immediate, careful examination, no corresponding notification is immediately made to the Vendor. With respect to other defects, the goods shall be deemed accepted if the Vendor does not receive notification of defects within seven business days after the date the defect was reported; if the defect was previously reported by the user during normal use at an earlier point in time, this earlier time shall be determinative for the beginning of the complaint period.

(4) Any further claims of the Customer against the Vendor, insofar as these are not the result of an acceptance of a guarantee, are excluded. This does not apply in the case of intent, gross negligence or breach of essential contractual obligations on our part.

14 Liability

(1) Claims of the Customer for damages are excluded. Excluded from this are claims for damages by the Customer resulting from injury to life, limb or health or from the breach of material contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty on the part of the Vendor, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.

(2) In the event of a breach of material contractual obligations, the Vendor shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless it is a matter of claims for damages by the Customer arising from injury to life, limb or health.

(3) The restrictions of paragraphs (1) and (2) shall also apply in favour of the Vendor's legal representatives and vicarious agents if claims are asserted directly against them.

(4) The limitations of liability resulting from paragraphs (1) and (2) do not apply insofar as the Vendor has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies insofar as the Vendor and the Customer have reached an agreement on the quality of the item.

(5) The provisions of the Product Liability Act shall remain unaffected.

15 Data protection

(1) The Vendor undertakes to treat the Customer's data collected in the course of the performance of contracts confidentially in compliance with the provisions of data protection law.

(2) In all other respects, reference is made with regard to data protection-relevant consents granted by the Customer and further information on data collection, processing and use to the Privacy Policy, which is available in printable form on the Vendor's website (www.ecap-mobility.com) at any time via the "Privacy" link at the bottom of the page.

16 Final provisions

(1) The law of the Federal Republic of Germany shall apply under the exclusion of the UN Law of International Sales (CISG).

(2) If the Customer is a merchant, a legal entity under public law or a special fund under public law or has no place of general jurisdiction in the Federal Republic of Germany, the sole place of jurisdiction for any dispute in connection with or arising from the business relationship between the Vendor and the Customer is the place of business of the Vendor in Winsen (Luhe). The Vendor is also entitled to file suit before a court responsible for the registered office or a branch of the Customer.

(3) The contract concluded between the Vendor and the Customer, including these General Terms and Conditions, shall remain binding in all other respects even if individual points prove to be legally ineffective.

17 Consumer dispute resolution

(1) The Vendor is not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board pursuant to the Consumer Dispute Resolution Act (VSGB).

(2) You can access the EU Commission's platform for online dispute resolution at the following link: http://ec.europa.eu/consumers/odr/.

You can contact E-Cap Mobility GmbH via info@ecap-mobility.com

(Revised June 2021) E-Cap Mobility GmbH