• Terms of use

Terms of use

Pevna Energy Terms of use

DEFINITIONS

Application

Software in the form of resultant code operating as a mobile application under the name ‘Pevna Energy’, the functionality of which allows integration with a Charging Station with the Software installed, and the use by the User of the Charging Service for which Pevna Energy holds the rights.

Private price list

A price list established by the Operator for a selected group of Users, in which prices may differ from those resulting from the Public Price List.

Public Price List

A list of prices for the use of the charging service for a particular Station, broken down by day of the week for each Station. The level of prices is determined by its Operator. The Public Price List also contains information on the availability of a given Station on given days of the week. The public price list is available in the Application.

Pevna Energy / Service provider

Pevna Energy PSA with its registered office in Cracow, ul. Czyżówka 16/154, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for Cracow-Centre in Cracow, XI Economic Division of the National Court Register, under KRS number: 0001114669, holding NIP: 6793303565, with share capital: PLN 100,000; e-mail address of the Service Provider: biuro@pevna.pl.

Consumer

A natural person making a legal transaction with an entrepreneur which is not directly related to his/her commercial or professional activity.

Account

Service provided electronically by Pevna Energy; the part of the Application that is individually allocated to the User and which allows the use of the Services.

Charging

A service for charging an electric vehicle and electric personal transport devices that is provided by the Operator through Pevna Energy (i.e. the resale by Pevna Energy to Users of charging services purchased from Operators at Stations where Pevna Energy is not acting as Operator) or by Pevna Energy being the Operator.

Operator

The operator of a public charging station within the meaning of the Electromobility and Alternative Fuels Act of 11 January 2018 or the operator of a private charging station, responsible for the construction, management, operational safety, operation, maintenance and repair of the Station.

Fee

The Charging Fee, the amount of which depends on the Station, the Billing Profile, the type and time of Charging, resulting from the Public Price List or the Private Price List. The amount of the Charge may also be influenced by other factors determined independently by the Operator.

Parking Fee

The charge for leaving the Vehicle in the area of the Station, resulting from the Public Price List or the Private Price List.

Platform

Pevna Energy’s online platform that provides an operator system for Station owners and Operators.

Vehicle

A personal transportation device (bicycle, board or electric scooter) or electric vehicle that, in accordance with the Station’s operating instructions and the provisions of these Terms and Conditions, can be connected to the Station for Charging and has the appropriate functionality to enable Charging.

Privacy Policy

Document governing the security of privacy protection and processing of Users’ personal data.

Fleet Profile

Functionality of the System where Users can share a payment method.

Technical Break

Related to the necessity of repair, maintenance or modernization work, an interruption in the availability of the Application, preventing or impeding the use of the Services.

Terms and Conditions

These Terms and Conditions for the execution of the Agreement and provision of the Services.

Force Majeure

An event that could not have been foreseen with the diligence required in professional relations, which is external to both Pevna Energy and the User, and which they could not have prevented by acting with due diligence.

Station (charging)

A facility including at least one Charging Point owned by the Operator and allowing a Vehicle to consume electricity for the purpose of propulsion of that Vehicle; Stations may vary in power and depending on the power of a particular Station, the Charging time and Fee may vary.

Agreement

The agreement between Pevna Energy and the User, the subject of which is the User’s use of the Services, and the general provisions of which are set forth in these Regulations.

Services

All services provided by Pevna Energy to Users, including Charging services and making the Application available for use.

User

An entity, having full legal capacity, being the owner or holder of a Vehicle, using the Services and Charging, under the terms and conditions indicated in the Regulations.

1. INTRODUCTION

1.1. These Terms of Use set out the general conditions for the use of the Services, as well as the rights and obligations of Users.

1.2. These Terms of Use shall be made available in the Application free of charge to each User prior to the conclusion of the Agreement, and also – upon the User’s request – in such a manner that enables the acquisition, reproduction and recording of the content of the Terms of Use by means of the tele-information system used by the User.

1.3. The User may use the Services only after he/she has previously read and accepted the content of the Regulations and the Privacy Policy. The User’s failure to accept the Terms of Use or the Privacy Policy shall mean that he/she may not use the Services. In the case of a User who is not a Consumer, the User shall be deemed to have read and accepted the content of the Regulations and the Privacy Policy without reservation at the latest at the moment of starting to use the Services.

1.4. These Terms of Use apply to Application Users. Platform Users are additionally subject to the Pevna Energy Platform Terms and Conditions, which are available at: www.pevna.pl.

1.5. The Privacy Policy, which supplements and forms part of the Regulations, is available at www.pevna.pl and on the Application.

2. PEVNA ENERGY AND OPERATORS

2.1. Pevna Energy shall provide the Services to Users in respect of:

2.1.1. making the Application available for use for purposes directly related to the acquisition and operation of the Charging (including but not limited to billing purposes), and.
2.1.2. that the Charging is sold directly by Pevna Energy to you; and
2.1.3. the provision of parking and parking space for Charging, such provision may be for a fee.

2.2. In order to provide the Services, Pevna Energy shall enter into a business relationship with the Operators whereby the Operators, as the entities responsible for the construction and comprehensive management of the Stations using Pevna Energy’s software (Application and Platform), shall contract Pevna Energy to act as a charging service provider to the Users at the Operators’ Stations.

2.3. Within the Platform, the Operators establish the terms and conditions for the provision of Charging services and the provision of parking and parking spaces, including the amount of Charges and Parking Fees. These conditions are indicated to the Users in the Application.

2.4. In cases where Pevna Energy does not act as the Operator of the relevant Station, Pevna Energy does not determine the terms and conditions for Charging or the use of parking/parking spaces, nor the amount of Fees and Parking Fees associated with the use of the Station, but merely acts as a charging service provider under the terms and conditions set by the Operator of the relevant Station.

3. GENERAL CONDITIONS OF SERVICE

3.1. In order to use some of the Services provided electronically within the Application, the following minimum technical requirements must be met on the User’s part: (a) a device with Internet access, which enables the installation of the Application and the correct display of its interface, (b) an active electronic mail (e-mail) account. The Mobile Application can be downloaded using the AppStore (for iOS) or Google Play (for Android). Pevna Energy provides technical support for the Application for iOS or Android systems no more than two versions backwards from the released most current official version of that system.

3.2. Upon installation of the Application, Pevna Energy grants the User, under the terms and conditions indicated in these Terms and Conditions, a non-transferable, non-exclusive, revocable and territorially unlimited licence to use the Application for the User’s own personal and non-commercial use and exclusively within the functionality of the Application, without the right of sub-licence. The licence is granted for the duration of the User’s possession of the Account. Unless otherwise indicated, any subsequent versions, updates or other additions to the functionality of the Application, will be subject to this licence. The Application is made available for use ‘as is’, without the User’s right to request modifications to the Application. Users may, however, raise concerns and comments to Pevna Energy regarding the operation, expandability and recommended changes to the functionality of the Application, the consideration of which is left to Pevna Energy’s sole discretion. Pevna Energy is not obliged to take a position on the objections and comments raised, including responding to the User by whom they were raised.

3.3. The use of the Application is free of charge, subject to possible data transmission costs, which shall result from agreements concluded by the User with telecommunications operators or other Internet providers, or from other agreements in the area of such data transmission.

3.4. You may not provide unlawful content or use the Application and the Services in a manner contrary to the provisions of these Terms of Use, applicable law, morality and principles of social co-existence. Specific provisions regarding the regulation of inappropriate use of the Application and the Services are described in the following paragraphs of the Terms.

3.5. Pevna Energy does not place electronic offers within the Application.

3.6. Pevna Energy reserves all rights to the Services and the Application not expressly granted to the User under the Agreement. In particular, the Agreement does not allow the User to: (a) reproduce, distribute, lend, dispose of and any other way of redistributing the Application directly and indirectly, whether for a fee or free of charge, bypassing Pevna Energy, (b) modify, reverse engineer or otherwise interfere with the software of the Application, (c) use and develop the intellectual property belonging to Pevna Energy to create your own products and services, (d) use the intellectual property belonging to Pevna Energy for an unlawful purpose or to the detriment of Pevna Energy. Any behaviour fulfilling the above-mentioned prerequisites will be treated as a gross breach of the Agreement.

4. USERS

4.1. Users may be natural persons who are at least 18 years of age and have full legal capacity, or legal persons and other organisational units without legal personality which are granted legal capacity by law.

5. ACCOUNT AND AGREEMENT

5.1. In order to use the Services, the User must have an active Account. The possibility of creating an Account is excluded for persons who are not Users within the meaning of clause 4.1 of the Terms of Use.

5.2. The User shall create an Account via the Application by following the registration procedure made available within the Application. The creation of an Account by means of registration in the Application requires the User to have an active e-mail account and to accept the Terms and Conditions.

5.3. The functionality of the Application allows you to register a new Account directly in the Application, as well as to log in to the Application through an account registered in the domains selected and indicated in the Application. The simultaneous effect of logging in to the Application through an account created in another domain and accepting the Terms and Conditions, is the creation of an Account in the Pevna Energy Application.

5.4. Upon the creation of an Account, an Agreement is concluded between Pevna Energy and you for an indefinite period of time. By creating an Account, the User declares that he/she fulfils the conditions set out in paragraph 4.1 of the Terms of Use, as well as that he/she undertakes to be liable to Pevna Energy for any damage arising from or in connection with the submission of a false declaration.

5.5. The Application may send, within the functionality of the Account, functional messages and messages regarding changes in the use of the Services and, subject to consent, marketing messages.

5.6. There is a dashboard within your Account which allows you to view a summary of statistics on your use of the Pevna Energy Platform, including your last Charge, your expenditure and your most frequently used Stations.

5.7. You may delete your Account at any time, without giving any reason, via the ‘Delete Account’ functionality. The deletion of your Account is the same as the termination of the Agreement with immediate effect and the resignation from further use of the Services. The user declares that he/she accepts that the deletion of an account by the user entails the loss of all account data and that such data is not automatically restored if a new account is created (also if the new account is created in the same technical manner and with the same data as the deleted account).

5.8. The User is responsible for what happens in and through his/her Account (unless his/her Account has been hijacked through no fault of the User who is a Consumer). The User may not share his/her Account with third parties and is responsible for maintaining the confidentiality of his/her login and password provided at registration, as well as the login and password for accounts created at external domains with which the User may log in to the Account. If the User notices that someone unauthorized is using or has used his Account, the User shall immediately inform Pevna Energy.

5.9. The Account may only be used by one User at a time. The Account is also non-transferable and non-transferable. Unless mandatory provisions state otherwise, the person who has unauthorisedly transferred the Account data to another person shall be liable in the event of use of the Account by unauthorised persons.

5.10. The User, by creating an Account, agrees that, by using the Services and within the Application, he/she will not: (a) perform any actions that may hinder or disrupt the functioning of the Services or use the Services in a way that is disruptive to other Users, (b) take actions to the detriment of other Users, third parties or Pevna Energy, (c) violate the terms of the Agreement, the Regulations or the provisions of the applicable law, (d) act contrary to the instructions for use of the Station.

6. USE OF THE STATION

6.1. The Station is accessed via the Application. The User also starts and finishes the charging process via the relevant functionalities of the Application.

6.2. At all times when using the Station and during the time of charging, the Application must be active and running, which requires in particular that the User has an active and running device for the Application, an Internet connection and the possibility of data transmission and reception.

6.3. Before using the Station, the User must ensure that the device with which he intends to use the Application has a sufficient charge level to use the Application for the entire intended or actual charging time. Before using the Station, the User must also ensure that he/she does not lose his/her connection to the Internet during the Charging and that he/she has the capacity to transmit and receive data to the extent necessary for the correct and uninterrupted use of the Charging and the settlement of the payment for the Service.

6.4. The access time to a particular Station in order to start charging from the moment it is unlocked is limited. If it has expired, the User should select the ‘Reconnect’ option on the Application screen. Once the Vehicle is correctly connected, the Charging can begin.

6.5. Charging can be suspended by the Station or the User via the Application. No Charges are charged for the period of suspension.

6.6. When the Charging is finished, the User should disconnect the power cable. Once the time to remove the Vehicle from a parking or parking space within the Station has been exceeded, the User may be charged a Parking Charge.

6.7. Before using the Station, the User may select the Billing Profile under which the Charging will be billed.

6.8. When using the Station, the User shall be obliged to bear in mind and comply with the following guidelines and the technical and operational specifications of the Station and the User declares that he/she is aware that his/her safety depends on his/her compliance with these guidelines:

  1. 6.8.1. it is forbidden to connect electric vehicles that are not homologated;
  2. 6.8.2. it is forbidden to connect Vehicles if the respective port at the Station is occupied, even if the Vehicle is in parking mode;
  3. 6.8.3. contact, other than by plugging in the power cable of the Vehicle, with the charging ports is prohibited;
  4. 6.8.4. the use of parts of the Station other than the charging ports is prohibited;
  5. 6.8.5. it is prohibited to bring the charging ports into contact with water or other liquids;
  6. 6.8.6. it is prohibited to attempt to extend the power cable beyond its maximum distance;
  7. 6.8.7. when the Charging is completed, the power cable must be put back in the place intended for it;
  8. 6.8.8. no attempt should be made to connect the power cable to unsuitable connectors;

6.9. For selected stations, it is also possible to access Charging within the Station using an RFID card. To start Charging, the RFID card must be brought close to the RFID reader of the Charging Station. To terminate Charging, the RFID card must be brought back into the RFID reader of the Charging Station. The terms and conditions for ordering and using the RFID card are available at www.pevna.pl.

6.10. Only Vehicles with functionality that allows Charging and in accordance with the requirements specified in the manual available at the Station may be connected to the Station. Connecting another Vehicle may cause damage to the Vehicle or damage to the Station.

6.11. It is forbidden to make any repairs or modifications to the Stations yourself.

6.12. The User shall be obliged to cover all costs of restoring the Station to its original state from the moment of commencement of Charging and caused by the User’s improper use of the Station, with particular reference to paragraph 5.10 above.

6.13. The User is obliged to use the Station in a manner consistent with the rules of use of the Station and its user manual. The rules of use and operating instructions are made available at the Stations by the Station Operators.

7. CHARGING

7.1. Charging is charged under the terms and conditions and in the amount as determined by the Public Price List or the Private Price List (if applicable to the User concerned) for the respective Station. Price lists may also be determined for a given Billing Profile.

7.2. Prior to the activation of Charging, the amount of the Charge for the respective Billing Unit shall be presented to the User for acceptance. The presentation of the amount of the charge constitutes an offer and, upon acceptance by the User, the ordering of the Charging takes place. The amount of the total and final payment for Charging depends on the time and power of the Charging.

8. FEES AND PAYMENTS

8.1. Fees and prices are expressed in gross amounts and include VAT at the rate specified by applicable regulations. The list of prices is available within the Application, after selecting the relevant Station from the list of available ones or from the Station map screen.

8.2. Pevna Energy allows the following payment methods: (i) debiting a Visa or Mastercard authorised by the User within the Account, (ii) pre-paid payment, using vouchers. In addition, in the event that Pevna Energy participates in loyalty programs run by business partners, points (as well as any other named units) earned through loyalty programs will be redeemable for funds to supplement your Account and be used to settle payments for Services – subject to terms and conditions previously agreed between Pevna Energy and the business partner. Detailed rules for the operation of loyalty programs will be set out in separate regulations of business partner loyalty programs. Pevna Energy may independently open and close its own loyalty programs, in which the form of gratification may be funds supplementing the Account and used for payment settlements.

8.3. In the case of card payments, the processing time is counted from the moment of positive authorization of the transaction.

8.4. In the event that a refund is required for:

  1. 8.4.1. a transaction settled by the User with a payment card, Pevna Energy will make a refund to the bank account assigned to the User’s payment card.
  2. 8.4.2. a transaction settled with funds from pre-paid coupons or funds by which the Account has been replenished in connection with participation in the loyalty program, the funds will be refunded to the pre-paid coupon or to the pool of funds replenished in connection with participation in the loyalty program, respectively.

8.5. Payments in the Application are made through PayU SA with its registered office in Poznań, 60-166 Poznań, 186 Grunwaldzka St., registered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań – Nowe Miasto and Wilda in Poznań, VIII Economic Department of the National Court Register under the KRS number 0000274399, holding NIP 7792308495, with share capital: PLN 7,789,000, paid in full, with Pevna Energy having the right to change the payment institution.

8.6. The User may also use a pre-paid coupon. The User has the option to share access codes to the pre-paid coupon with other Users (via e-mail address). The coupon may be available for use with all or selected Operators.

8.7. Entering the payment card data in the Application is tantamount to the User’s consent to charge it with Fees and Parking Fees under the terms and conditions expressed in these Regulations, as well as the agreement or terms and conditions linking the User with the bank or payment card provider. The User also agrees that the payment card may be automatically charged in advance (in advance) with the initial charge, to be credited against the payment for the Service; the initial charge is collected at the latest when the Charging begins, and the portion of the unused initial charge (i.e., in a situation where the initial charge exceeds the actual cost of the Service) is refundable according to the principles set forth in paragraph 8.5.

8.8. The User agrees that the ability to use the Application and the Services is subject to the proper and timely payment of all Charges and Parking Fees that are due and payable as of the time the Services are provided to the User, without separate call for payment. In the event that the Charging Fee or Parking Fee charged exceeds the funds available in the User’s bank account or User’s Account (i.e., the funds from pre-paid coupons or loyalty programs), it will be recorded in the Account as negative funds. The User also accepts that in the event that an arrears condition arises and there are insufficient funds in the User’s Account at the same time to cover the resulting arrears, the functionality of the Application will result in the simultaneous blocking of the User’s Account, and for the duration of the blocking, the Application will not allow Charging and the User cannot use the Services (the Account has a status of “Blocked”). The blockade will be removed if the funds in the User’s Account are replenished to the amount of at least the outstanding payment. The funds by which the Account is replenished will first be credited to the overdue payments.

8.9. For each Recharge, an accounting document in the form of a VAT invoice or, in the case of individuals, a sales document confirming the sale of the Recharge service is issued. The VAT invoice and the sales document are sent to the User’s e-mail address. The prerequisite for issuing and receiving a VAT invoice in the case of the Charging service via the Application is that the User indicates, before the start of the Charging, in his Account the data necessary for issuing a VAT invoice.

8.10. The User agrees to receive invoices electronically. Provision of the Services and Charging shall not be possible if the User withdraws his/her consent to be served invoices electronically.

9. TERMS AND CONDITIONS FOR USING THE PRE-PAID COUPON

9.1. The pre-paid coupon can be used, no later than the expiration of its validity period. In case of expiration of the pre-paid coupon:

  1. 9.1.1. The expired coupon is not subject to addition in the Pevna Energy application,
  2. 9.1.2. unused funds in the Application User’s Account from an expired prepaid coupon are automatically deducted from the User’s account balance (i.e., upon expiration of the coupon, the balance is automatically reduced);9.2. Kupon pre-paid, którego nie dodano do żadnego konta użytkownika aplikacji, nie podlega wymianie na gotówkę, ani zwrotowi. Nie podlegają również wypłacie środki (pieniężne), o które kupon mógłby zasilić Konto Użytkownika aplikacji Pevna Energy.

9.3. The funds in the User Account of the application, coming from the pre-paid coupon recharge, are not subject to withdrawal or refund. In particular, the User is not entitled to demand from Pevna Energy to pay (in cash) the equivalent of the unused funds by which the User’s Account was credited from the pre-paid coupon.

9.4. The provisions of paragraphs 9.2 and 9.3 shall also apply to the expired pre-paid coupon and to the funds by which the balance in the User Accounts of the application was automatically reduced in connection with the expiration of the pre-paid coupon.

10. RESPONSIBILITY

10.1. Pevna Energy provides Users with an Application that allows access to the Station. The technical functioning of the Station and Charging is the responsibility of its Operator.

10.2. Pevna Energy shall not be liable for any damage caused by the User’s culpable failure (and by Users who are not Consumers also not culpable) to comply with the provisions of the Terms and Conditions.

10.3. Pevna Energy shall not be responsible for technical problems or technical limitations in the User’s Vehicle or devices that prevent the proper use of the Application and any of its functionalities.

10.4. Unless otherwise provided in the Terms and Conditions, a violation of the Terms and Conditions by a User who is not a Consumer may result in one or more of the following responses by Pevna Energy: (a) a warning to the User, (b) blocking access to the Account, (c) termination of the Agreement with immediate effect and deletion of the Account, (d) preventing the User from re-establishing the Account and thus using the Services.

10.5. Unless otherwise provided in the Terms and Conditions, a violation of the Terms and Conditions by a User who is a Consumer may result in a request to cease or remove the effects of the violation of the Terms and Conditions, under pain of: (a) termination of the Agreement and deletion of the Account or (b) blocking access to the Account. In the event of ineffective expiration of the period set for cessation or removal of the consequences of the violation, Pevna Energy will be entitled to apply that sanction under which the summons was addressed to the User. It is stipulated that if the sanction of termination of the Agreement and deletion of the User’s Account is applied, Pevna Energy shall be entitled to prevent the User from establishing an Account and using the Services in the future.

10.6. The blocking of the Account due to payment arrears does not require a call to cease or remove the consequences of the violation, but in accordance with Section 8.9. it shall be automatic.

11. SPECIAL PROVISIONS

11.1. Users, who are not Consumers, are subject to these special provisions of the Terms and Conditions:

  1. 11.1.1. Pevna Energy shall not be liable to the User for damages resulting from negligence and shall not be liable for lost profits;
  2. 11.1.2. Pevna Energy shall not be liable for the User’s inability to complete the Charging (subject to the error of the Application, which error was the fault of Pevna Energy); in such cases, the User shall be obliged to pay for the complete Charging;
  3. 11.1.3. Pevna Energy shall not be responsible for the completion of Charging by third parties without the User’s consent through the User’s Account; in such cases, the User shall be obliged to pay for the total Charging;
  4. 11.1.4 Pevna Energy shall not be responsible for the inability of the Application to connect to the Station;
  5. 11.1.5. Pevna Energy shall not be responsible for the faulty connection of the Station with the Vehicle or the lack of connection of the Station with the Vehicle, despite its compliance with the relevant technical requirements;
  6. 11.1.6. if the Station is damaged by the User, Pevna Energy shall be entitled to charge the User for the direct and indirect costs of repairing the Station.

12. TECHNICAL PROWESS OF THE APPLICATION

12.1. Pevna Energy shall use its best efforts to ensure the proper functioning of the Application and undertakes to ensure the continuity of the Services, subject to the following provisions.

12.2. The aforementioned obligation shall not include events and their consequences related to: malfunctions of software external to the Application that are beyond Pevna Energy’s control; problems caused by loss of data due to reasons attributable to the User; unauthorized interference by the User or third parties with the Application; acts of Force Majeure; Technical Interruptions.

12.3. In order to perform maintenance or upgrade work and to update the Application, Pevna Energy reserves the possibility of Technical Interruptions to the Application. Pevna Energy agrees to notify Users of a planned Technical Interruption not less than 12 hours before the date on which the planned Technical Interruption is to occur.

13. COMPLAINTS

13.1. The User has the right to file a complaint about the Services, concerning the technical performance of the Application. The complaint should contain at least data that allows identifying the User and indicating reasonable objections and comments to the Services. The complaint should be addressed to Pevna Energy on a general basis or through Pevna Energy’s user support office or e-mail address: support@pevna.pl

13.2. For Users who are not Consumers, the complaint shall be submitted no later than 30 days from the date of occurrence of the event that is the subject of the complaint.

13.3. Pevna Energy shall consider complaints within 14 working days, unless the User has not described the subject and scope of the complaint in a manner that allows it to be considered, or has not provided data that allows identification of the User. In this case, the time limit for processing the complaint runs from the date on which the User provided Pevna Energy with the missing information.

13.4. The response to the complaint shall be sent by Pevna Energy to the address indicated by the User in his/her complaint submission or in another form chosen by the User (telephone/e-mail address).

14. HELPDESK AND USER SUPPORT

14.1. Any User may contact Pevna Energy’s user support office through the communication channels indicated in the Application.

14.2. If the problem reported to Pevna Energy’s user support office relates to technical issues or defects in the Station, the User, when making a report, shall provide the serial number of the relevant Station so that a member of Pevna Energy’s service team can efficiently locate the defective Station and immediately take steps to repair it.

14.3. If the notification concerns an error occurring in the Application, the User shall describe the error in as much detail as possible so that Pevna Energy can immediately proceed to correct it.

15. DISCLOSURE

15.1. The User who is a Consumer may withdraw from the Agreement concluded with Pevna Energy – based on the provisions of law, without giving any reason, within 14 days from the date of its conclusion. The deadline is considered to have been met if the User sends a statement of withdrawal from the Agreement before its expiration.

15.2. The right of withdrawal from an agreement concluded off-premises or at a distance does not apply to the Consumer, inter alia, with regard to agreements for the provision of services, if the entrepreneur has fully performed the service with the express consent of the Consumer, who was informed before the start of the service that after the performance by the entrepreneur will lose the right to withdraw from the agreement. Pevna Energy informs that placing an order for Charging and commencement of Charging is tantamount to the Consumer’s consent to the provision of the Service (Charging and parking) before the expiration of the withdrawal period, and the Consumer agrees to this. Pevna Energy also informs, and the Consumer accepts, that in the event of withdrawal from the Agreement, the Customer will be obligated to pay for the services provided by Pevna Energy to the User until the withdrawal from the Agreement.

16. AMENDMENT TO THE REGULATIONS

16.1. Pevna Energy may change these Terms and Conditions for important legal reasons (change of generally applicable laws relating to the activities of Pevna Energy, including in particular the Act of January 11, 2018 on electromobility and alternative fuels or the form of activity of the Service Provider) or technical reasons (modernization of the infrastructure of the Application or the panel), as well as in case of the need to adapt Pevna Energy’s offer to market and technical realities and to remove ambiguities or doubts of interpretation. The reason for the change of the Terms and Conditions each time is indicated as indicated below.

16.2. Users shall be informed of the change to the Terms and Conditions in an email sent at least fourteen (14) days prior to the effective date of the Terms and Conditions in their new wording. The change of Regulations is effective for Users who do not resign from the Services within 14 days from the date of notification of the change of Regulations. The cancellation may be made by sending an e-mail message, containing a relevant statement of the User, sent to biuro@pevna.pl, as well as by uninstalling the Application.

16.3. Charging started before the effective date of changes to the Terms of Use shall be performed in accordance with the current Terms of Use. Changes to the Terms of Use may not violate the Users’ acquired rights.

17. FINAL PROVISIONS

17.1. The law applicable to the obligations arising from the Regulations is Polish law. Contracts are concluded in the Polish language.

17.2. The Consumer has the possibility to use alternative methods of dispute resolution (ADR) to court proceedings, in particular through mediation, through conciliation or through arbitration (arbitration court). A list of institutions to which the Consumer may turn to resolve disputes under ADR is available at this link: http://ec.europa.eu/consumers/solving_consumer_disputes/non-judicial_redress/national-out-of-court-bodies/index_en.htm

17.3. Consumers may also use out-of-court complaint and redress procedures by submitting their complaint through the EU ODR web application, available at: http://ec.europa.eu/consumers/odr/

17.4. If the User does not wish to use ADR or ODR, any disputes arising under the Terms and Conditions or the Services shall be resolved by a court of general jurisdiction, determining the jurisdiction of the court shall be guided by the rules set forth in the applicable legal act for the User who is a Consumer.

17.5. Disputes arising between Pevna Energy and a User who is not also a Consumer shall be submitted to the court having jurisdiction over the seat of Pevna Energy.