General Terms and Conditions for the LRT PowerUp App
§ 1 Scope of application, contract language
(1) These Terms and Conditions (T&C) apply to the application ("LRT PowerUp") developed by us, LRT Automotive GmbH, Impexstraße 7, 69190 Walldorf, Germany (later referred to as "Rights Holder"). Any deviating or conflicting terms and conditions will not be recognized by us unless we have expressly agreed to them.
(2) By downloading our application, you agree to these terms and conditions.
(3) The language available for the conclusion of the contract is exclusively German. Translations of these Terms and Conditions into other languages are for your information only. In the event of any differences between the language versions, the German text shall take precedence.
§ 2 Subject matter of the contract
(1) The rights holder has made the application available in the Apple App Store and the Google Play Store.
(2) The application is software that enables entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) and consumers within the meaning of Section 13 of the German Civil Code (BGB) (later referred to as the "Customer") to control charging stations for electric vehicles and to display the associated charging statistics.
The use of the application is free of charge for Customers.
(3) The Android and iOS systems are supported.
§ 3 Conclusion of contract
(1) The application can be downloaded via the Apple App Store and the Google App Store. It should be noted that the contract is concluded with us and not with the respective app store operator.
(2) After downloading, the use of the rights holder's application requires your registration.
(3) You may only register if you are of legal age and have unlimited legal capacity. Minors are not allowed to register. In the case of a legal entity, registration must be carried out by a natural person who has unlimited legal capacity and is authorized to represent the entity.
(4) During the registration process, you will be asked to provide your name, address, e-mail address and mobile phone number. Entrepreneurs must also provide the rights holder with their trade license and their VAT identification number. The rights holder will then send you a code to your mobile device, which you can use to log in and use the application.
(5) You must keep the access data secret and not make it accessible to unauthorized third parties.
(6) It is also your responsibility to ensure that our application is used exclusively by you or by persons authorized by you. If it is feared that unauthorized third parties have gained or will gain knowledge of your access data, we must be informed immediately.
You are liable for any use and/or other activity carried out under your access data in accordance with the statutory provisions.
§ 4 Storage of the contract text
The contractual provisions with details of the application downloaded by you, including these General Terms and Conditions and the cancellation policy, will be sent to you by e-mail with notification of this. A storage of the contract provisions by the rights holder does not take place.
§ 5 Collection, storage and processing of your personal data
(1) You can log in to your account using the code provided by the rights holder.
(2) In order to carry out and process the registration, the rights holder requires the following data from you:
- First and last name
- e-mail address
- postal address
- mobile phone number.
(3) If you wish to use the rights holder's application, the rights holder requires the data specified in paragraph 2 from you.
(4) The rights holder will use the data you provide without your separate consent solely for the purpose of fulfilling and processing the use of its application.
(5) The data you provide will remain stored in your account for 30 days. After that they will be deleted.
(6) If your personal information changes, you are responsible for updating it yourself. All changes can be made online after logging into your account.
§ 6 Rights of use
(1) In order to realize the purpose stated in § 2 (2), we hereby grant the customer the right to use our application.
(2) You are not entitled to edit or add to the source code of the application.
(3) The right to edit the application is limited to maintaining or restoring the agreed functionality of the application.
(4) All name, title and trademark rights to the application are our property. Markings of the application, in particular copyright notices, trademarks, serial numbers or similar may not be removed, changed or made unrecognizable.
(5) You are not granted any further rights to use or exploit the application.
§ 7 Right of revocation
As a consumer you are entitled to a right of revocation. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
To exercise your right of withdrawal, you must send us
LRT Automotive GmbH,
Tel.: +49 (0) 6227 – 63692
Fax: +49 (0) 6227 – 63792
by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory. You may use the enclosed sample withdrawal form for this purpose, which is, however, not mandatory.
To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you 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 most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation 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 any fees because of this repayment.
The right of withdrawal shall also expire in the case of a contract for the delivery of digital content that is not on a physical data carrier if the entrepreneur has begun to execute the contract after the consumer has
1. has expressly consented to the entrepreneur starting to perform the agreement before the end of the cooling-off period, and
2. has confirmed his knowledge that by his consent he loses his right of withdrawal with the start of the execution of the contract.
End of the cancellation policy
Model revocation form
(If you wish to revoke the contract, please fill out and return this form).
LRT Automotive GmbH,
- I/we (°) hereby revoke the contract concluded by me/us (°) for the provision of the following service (°)
- Ordered on (°)/received on (°)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in case of paper communication)
§ 8 Publication
The copyright holder hereby guarantees that the application has already been published.
§ 9 Limitation of liability
(1) The rights holder is liable for intent and gross negligence.
Furthermore, the rights owner is liable for the negligent breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place, the breach of which endangers the achievement of the purpose of the contract and on the compliance with which you as the customer may regularly rely. In the latter case, however, the rights holder shall only be liable for the foreseeable damage typical for the contract. The rights holder shall not be liable for the slightly negligent breach of obligations other than those specified in the above sentences.
The above exclusions of liability shall not apply in the event of injury to life, limb or health. Liability under the Product Liability Act shall remain unaffected.
(2) The Rights Holder warrants and represents that it is the owner of the online usage rights to the Application and that it may freely dispose of the Application in the contractual form. The rights holder also guarantees that the application licensed by him is free of third-party rights. If the rights holder becomes aware that third party rights exist to any components of the application, the rights holder must notify you of this immediately. The rights holder hereby indemnifies you against any claims of third parties in this connection and reimburses you for the costs of legal defense.
(3) You guarantee that you will obtain or have already obtained all rights required for the intended use in addition to the contractual use and indemnify the rights holder in this context against any claims by third parties.
(4) The Rights Holder does not assume any warranty for products or services of the Entrepreneur (Premium User).
§ 10 Data protection
With regard to data protection, the rights holder refers to his Data protection.
§ 11 Final Provisions
(1) The terms and conditions written here are complete and final. Changes and additions to these terms and conditions should be made in writing in order to avoid ambiguities or disputes between the parties regarding the agreed content of the contract.
(2) If the Entrepreneur is a merchant within the meaning of Section 1 (1) of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the courts in Berlin shall have exclusive jurisdiction over all disputes arising from or in connection with the contractual relationship in question. In all other cases, the rights holder or the entrepreneur may bring an action before any court having jurisdiction on the basis of statutory provisions.
(3) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(4) The rights holder draws your attention to the fact that, in addition to the ordinary legal process, you also have the option of out-of-court settlement of disputes in accordance with Regulation (EU) No. 524/2013. Details can be found in Regulation (EU) No. 524/2013 and at the Internet address: https://ec.europa.eu/consumers/odr.
The e-mail address of the rights holder is: email@example.com. The rights holder points out in accordance with § 36 VSBG that he is not obliged to participate in an out-of-court dispute resolution procedure before a consumer arbitration board.
(5) Should individual provisions of these General Terms and Conditions be or become invalid and/or contradict the statutory provisions, this shall not affect the validity of the remaining provisions of these General Terms and Conditions. The ineffective provision shall be replaced by the contracting parties by mutual agreement with a provision that comes as close as possible to the economic purpose of the ineffective provision in a legally effective manner. The above provision shall apply mutatis mutandis in the event of loopholes. The same shall apply in the event that any supplements to the agreement become necessary. § Section 139 of the German Civil Code shall not apply.