Terms and conditions Battery Subscription

Terms and conditions Battery Subscription

1. Scope These Terms and Conditions Battery Subscription (hereinafter referred to as "Terms" or "Terms and Conditions") apply to all declarations of intent, contracts and legal or quasi-legal acts of unu GmbH (hereinafter referred to as "We" or "Us") with its customers (hereinafter referred to as "You" or "You") in relation to the Battery Subscription in addition to our https://unumotors.com/en-de/terms-and-conditions/
Counter-confirmations by you with reference to your own terms and conditions of business and/or purchase are expressly rejected; these do not become part of agreements unless the conditions are expressly confirmed by us in writing.
These Terms apply whether the Battery is used by you in a new or used electric moped purchased from us (the "unu Scooter") and whether the unu Scooter was purchased from us or a third party.
2. Conclusion of contract You are bound by these terms and conditions as soon as a contract has been concluded in accordance with our General Terms and Conditions and you have confirmed the conclusion of a battery subscription in the web store.                                                          
3. Subject                                                          
  1. 1
    The subject of the Battery Subscription is the long-term rental of an accumulator for the drive unit of the unu Scooter ("Battery") for non-commercial purposes (the "Battery Subscription", the underlying contract the "Rental Contract"). The Battery is a legally independent accessory of the unu Scooter within the meaning of § 97 BGB.
  2. 2
    You have no right to the provision of a particular battery, but a right that the functionality and performance of your unu Scooter by providing a battery suitable for the normal purpose remains guaranteed. Changes to the battery or replacements during the rental period are expressly reserved, insofar as this is necessary to achieve the purpose of the contract and insofar as this is reasonable for you, taking into account our interests.
  3. 3
    You must handle the battery properly in accordance with the maintenance instructions and the operating instructions and use it in your unu scooter. You are obliged to ensure the proper and contractual use of the battery in the unu scooter and to comply with the maintenance instructions for the unu scooter on time.
 
4. Rental period, rental fees, other costs, invoicing / input tax deduction
  1. 1
    The rental period begins on the day of delivery of the unu scooter or battery, unless the battery is delivered together with the unu scooter. The handover is certified by corresponding notification of the delivery company.
  2. 2
    The monthly rental rates are consideration for the transfer of use of the battery. The rental fees are calculated taking into account the minimum rental period in accordance with the prices stated in the web store for the respective variant of the battery subscription. If the battery is handed over during the course of a month, the first and last rental rates are calculated to the day. In the case of a minimum term of 24 and 36 months, the rental rate per month is reduced by 10 euros after the expiry of the respective minimum term.            
  3. 3
    The first rental installment is due at the beginning of the rental period. It will be collected monthly in advance by us on the specified installment due date (retroactively, if applicable) using the payment method you selected in the webshop.
  4. 4
    We are entitled to charge you a fee of EUR 85.00 for setting up a battery subscription for a used unu Scooter. A used unu Scooter is any unu Scooter that was not directly purchased together with the conclusion of a Battery Subscription.  
  5. 5
    You bear the costs for any other agreed ancillary services. These are due immediately, unless otherwise agreed. In addition, you bear taxes and other costs, unless they are shown as part of the rental rate.                         
  6. 6
    We and you may request an appropriate adjustment to the rental rate:  
  • If the prices change after the conclusion of the contract, provided that there are more than three months between the conclusion of the contract and the agreed delivery date (this does not apply if the battery is used in a used unu scooter) and
  • In the event of a change in the VAT rate or the introduction of new taxes or levies for the rental rates affected thereby.
7. The rental agreement is not considered an invoice within the meaning of the German Value Added Tax Act. It can therefore not be used - in the case of commercial rent - for input tax deduction. We issue monthly invoices during the term that meet tax invoicing requirements.
                                                          
5. Delivery, delay in delivery, takeover                                     
  1. 1
    The delivery of the battery is usually made together with the delivery of the unu scooter.
  2. 2
    Delivery dates or delivery periods, which may be agreed as binding or non-binding, must be stated in writing. Delivery periods shall commence upon conclusion of the contract.
  3. 3
    In the event that the delivery company exceeds the binding or non-binding agreed delivery date for the scooter and thus also for the delivery of the battery, you are authorized and obligated by us to assert the rights to which we are entitled against the delivery company of the unu scooter in your own name.  
  4. 4
    You are obligated to accept the unu scooter including battery within 14 days after notification of readiness. In the event of non-acceptance, we may exercise our statutory rights. We are entitled to withdraw from the contract by written declaration and/or to claim damages instead of performance.   
                                     
6. Ownership                                        
  1. 1
    The battery is accepted by you on the day of delivery. You have checked the functional capability according to the specifications in the operating instructions of the battery and accepted it as proper.                 
  2. 2
    We remain the owner of the battery.
  3. 3
    You are the owner of the battery and you are in a tenant-user relationship.
  4. 4
    You may not sell, pledge, rent, give away or assign the battery as security.                               
  5. 5
    If you are the owner of the unu scooter, our ownership rights to the battery must be maintained.                        
  6. 6
    Should you dispose of the ownership of the unu Scooter during the term of the rental agreement, i.e. sell, rent or give it away, you shall continue to be liable for all contractual and post-contractual claims of us arising from the rental relationship until we have concluded a new effective (follow-up) rental agreement for the battery with the new legal successor/owner of the unu Scooter. In particular, the regulations from item 19 of the following rental conditions apply.
  7. 7
    You must keep the battery free from third party rights. You must notify us immediately of any third-party claims to the battery, theft, damage and loss. You shall bear the costs for measures to prevent access by third parties that were not caused by us and were not paid by third parties.         
                                                     
7. Your duties                            
  1. 1
    You must fulfill the legal obligations arising from the operation and maintenance of the unu scooter, also insofar as they extend to the battery. You shall bear all expenses associated with the operation and maintenance of the unu scooter including the battery, in particular any insurance premiums, maintenance and repair costs. If claims are made against Us in this respect, We may have recourse against You.
  2. 2
    You are responsible for using the battery with care and for treating it with care in accordance with the recommendations and the operating instructions for the battery. You undertake to comply with these recommendations and to fulfill personally and at his own expense all obligations incumbent on us in our capacity as owner. You must always maintain the battery in an operationally and roadworthy condition at your own expense.
  3. 3
    In particular, you agree to comply with all regulations regarding the charging of the battery. Charging must be carried out at designated sockets.
  4. 4
    You take into account the information provided by the manufacturer that allows you to optimize the use of the battery (especially temperature).
  5. 5
    You are liable for the consequences of any use of the Battery that does not comply with the provisions for the Battery from the Electricity Supply Agreements or with the legal and contractual provisions; in this regard, you shall bear the expenses, fees, costs and any penalties and/or fines provided for by law.
  6. 6
    You undertake to comply on schedule with the respective scheduled and due maintenance programs for the unu scooter with which the battery is used. The maintenance work can only be carried out at our approved workshop ("partner workshop"). You undertake not to carry out any interventions on or in the battery yourself or to have them carried out by a repair store that is not approved for the type of maintenance/repair.
  7. 7
    You agree to protect our property rights. Unlawful dispositions are punishable under criminal law and may result in the initiation of a criminal investigation.       
                            
8. Warranty, Our obligations                 
  1. 1
    We undertake to provide you with a battery in an intended functional condition corresponding to the purpose of the contract at the beginning of the contract. We also undertake to repair defective batteries that no longer permit the intended use of the unu scooter or if the intended use of the unu scooter is so limited that the use of the battery is no longer reasonable for you, or, if the battery can no longer be repaired, to replace it with an intact battery of the same type and quality.
  2. 2
    We will provide you with a battery that corresponds to the state of the art at the start of the contract and that has a sufficient drive power supply for the unu scooter, i.e. charging capacity, suitable for the purpose of the contract for the duration of the rental period. You are aware that this is a new technology and that there are no empirical values yet regarding operating time and performance. The limit value for the guaranteed performance of the battery, for which the specifications of the manufacturer of the battery are the relevant criteria, is evaluated as 75% of the capacity available at the beginning.
  3. 3
    We only recommend using the unu Scooter outside the country in which it was purchased in countries that have a corresponding infrastructure of partner workshops. If the battery is used outside the area of application listed there, you will forfeit its warranty claims according to sections 8.1, 8.2 and 8.4 during this time.
For your protection and attention, please note the following: In different countries, we may subject the terms of use to certain restrictions, especially those of a geographical nature. Any use not defined as permitted will void the warranty of the unu scooter. For an intended use, you must comply with the warranty conditions for the unu Scooter, which are part of its order.
  1. 1
    If, in the course of a diagnosis by us, a level of performance is determined to be below the above limit (clause 8.2), we shall initially have the right to repair. If the performance is limited after repair, you have the right to reduce the rent and can demand that we adjust the rent for the future in proportion to the reduction. If the battery cannot be repaired to that extent after inspection by the manufacturer, you can demand the replacement of the battery taking into account the value replacement point and demand a battery with at least the corresponding charging capacity in accordance with the contract.    
9. General liability provisions                                       
  1. 1
    For destruction, loss, damage of the battery, the charger and the necessary connections to the unu scooter you are liable to us even without fault, but not in case of fault of us.
  2. 2
    We shall only be liable to you for direct and indirect damage caused to you or other persons by the use of the battery in the unu Scooter, by interruption of use or withdrawal of use if we are at fault; any compensation liability on our part for the manufacturer/importer under the Product Liability Act remains unaffected.    
                                                 
10. Functional liability rules, limitations and exclusions of liability
  1. 1
    We shall be liable in cases of intent or gross negligence by us, a representative or a vicarious agent in accordance with the statutory provisions. Otherwise, we shall only be liable for injury to life, limb, health or culpable breach of essential contractual obligations, insofar as this can be attributed to the operation of the battery. The claim for damages due to violation of essential contractual obligations is limited to the foreseeable damage typical for the contract.
  2. 2
    Liability on our part is excluded in the following cases:              
  • In case of damage to the private electrical equipment of you or to the battery or to the unu scooter, if such damage was caused by charging the battery using charging accessories that do not comply with the manufacturer's instructions, or in case of charging on equipment that is not equipped with charging accessories that comply with the manufacturer's instructions as described in the operating manual of the unu scooter,
  • In the event of damage resulting from battery charging carried out in disregard of the charging instructions given in the unu Scooter operating manual,
  • In the event of damage resulting from inadequate maintenance of the unu scooter and the integrated battery, in particular if instructions regarding treatment and the maintenance interval specified in the maintenance booklet or maintenance sheet and in the warranty certificate and operating instructions have not been followed,
  • In the event of damage resulting from repair or maintenance carried out in a workshop that does not belong to the approved and recognized network (i.e. is not a partner workshop) and if the manufacturer's instructions in this regard were disregarded,
  • In the event of damage resulting from the use of the unu scooter and battery in the context of a sporting competition (regardless of the type of sporting competition), and
  • In the event of damage caused by external causes such as an accident, hail, vandalism, precipitation related to an atmospheric phenomenon (especially precipitation of a chemical nature), and by any unavoidable event of force majeure.
11. Our liability is also excluded for:
  • The components of the battery to which modifications have been made by you or third parties, as well as for the resulting consequences (reduction of performance, premature wear, performance fluctuations, etc...) of these modifications for other parts of the battery or the unu scooter or the characteristics of the unu scooter,
  • The maintenance costs incurred by the customer due to the manufacturer's specifications, and
  • The replacement of the parts subject to wear and tear considered normal due to the cumulative use of the battery and its energy in traffic.
 
11. Disposal of used batteries (note according to battery law)              We are responsible for the disposal and the organization of the collection of used batteries.
 
  1. 1
    Claims processing                
    1. 1
      In any case of damage, destruction or other loss of the battery, you must inform us immediately in writing or by telex and take all necessary measures to limit the damage. You must - except in the case of total loss - have any necessary repair work carried out immediately by a repair company recognized by the manufacturer in your own name and at your own expense. You are also obligated to pay the monthly rental installments.
    2. 2
      In the event of a damage event to which at least one of the following criteria applies, the rental agreement may be terminated prematurely by you and/or us (clause 17). In such cases, settlement shall be governed by clause 18. In such cases, the rental relationship shall be terminated after termination with effect from the date of the damaging event.
  • Due to the severity and extent of the damage, total loss of the unu scooter incl. battery is to be assumed or the expected repair costs exceed 60% of the replacement value of the unu scooter incl. battery.
  • For safety reasons, the manufacturer decides that the battery in the damaged unu scooter can no longer be used.
  • The battery shows significant malfunctions or impairments due to damage and the manufacturer decides after a prior investigation for safety reasons that the battery can no longer be used.
  • If applicable, the battery including unu Scooter has been stolen (e.g. theft, misappropriation) and has not been recovered.
  1. 1
    These provisions shall not affect your obligation to pay our further claims for damages due to premature termination of the contract pursuant to clause 18 or any other existing arrears.
  2. 2
    In case of theft (e.g. theft, misappropriation) of the unu scooter including battery, the rental relationship will be continued if the unu scooter is found again - regularly this is a maximum period of 30 days - and for this reason no insurance benefit is provided by the insurance company.
  3. 3
    You are also authorized and obligated beyond the end of the contract - subject to revocation by us - to assert all battery-related claims from a case of damage in your own name and at your own expense. In the event of repair, you must use any amounts received to compensate for the battery damage to settle the repair invoice. If you are not obligated to repair the battery in accordance with clause 7 above and corresponding notice of termination, you must transfer the compensation payments obtained to us. These will be taken into account within the framework of the settlement in accordance with clause 18.
  4. 4
    In the event of total loss, destruction, loss or premature termination of the rental agreement (Section 17), we are entitled to any insurance benefits. Any credit balance in excess of our claims will only be reimbursed to you if you have taken out insurance. If insurance benefits - for whatever reason - are not sufficient, you shall bear the difference in accordance with clause 18. Total loss, destruction, loss or damage of the battery and the unu scooter only release you from the obligation to pay further rental installments if the rental agreement has been effectively terminated in accordance with section 17 and is not continued by mutual agreement.
 
12. Binding commitment for resale of the unu Scooter
  1. 1
    We generally allow the battery subscription even if there is a change in the right of disposal over the unu Scooters.
  2. 2
    If you, as the authorized owner of the unu Scooter, dispose of it during or after the expiration of the battery subscription, i.e. sell it to a third party, give it away or otherwise transfer it and provide proof of your authorization to dispose of it by submitting suitable documents, we are generally prepared to conclude a new battery subscription with the purchasers/buyers of the unu Scooter. In such a case, we are also prepared to largely forego carrying out a bank credit check on the acquirer/buyer, insofar as this does not conflict with legal obligations, e.g. according to money laundering regulations or regulatory obligations, or insofar as the unu Scooter is not simultaneously financed/leased for the acquirer/buyer. However, this promise from us requires that you contact us in good time before the disposal and provide the binding acquisition confirmation with the required data of the new acquirer. You must identify the new contractual partner before handing over the unu Scooter by means of valid identification papers/register extracts.
  3. 3
    In this case, you shall bear all contractual and post-contractual costs incurred until the new battery subscription is legally concluded with the new purchasers, with the exception of such costs for which we are responsible through culpable action.
 
13. Default of payment
You will be in default without a reminder if the rental installments are not received by us on the agreed due date. We are entitled to charge the damage caused by default.
 
14. Consequences of the termination of the provision of services by us
We are allowed to stop the use of the accumulator as soon as the rental contract is finally terminated due to the expiration of time. In the event of premature termination of the contract due to cancellation, we will first give 7 days' notice of the blocking of the use of the battery. The threat can also be made together with the notice of termination. In this case, we shall be entitled, after expiry of the notice period, to discontinue our obligation to perform and to prevent the use of the accumulator. The assertion of the claim for return remains unaffected by this.
 
15. Effects of the assertion of objections and material defect claims on the unu Scooter on the rental agreement
If you successfully assert claims for material defects or other significant objections (e.g. rescission, nullity, statutory revocation options) to the unu Scooter from your purchase contract for the unu Scooter or from assigned rights or are able to enforce these in court, these may affect the rental contract to such an extent that it can no longer be continued because the basis of the business has ceased to exist. In this case, the rental agreement shall be terminated with effect for the future from the date of return of the unu Scooter to the supplier and the payment obligations shall end on the date of return.
 
16. Minimum lease term, automatic contract renewal, termination
  1. 1
    The initial contract term of the battery rental is determined by the minimum term selected by you in the webshop. An ordinary right of termination is excluded during the agreed minimum rental period.
  2. 2
    After expiry of the minimum term, the battery rental shall be extended by a further month in each case if the battery subscription has not been terminated in accordance with the following provisions.
  3. 3
    The lease may be terminated by you at the earliest at the end of the minimum term, subject to a notice period of one (1) calendar month to the end of the month. 
  4. 4
    Each contracting party may also terminate the contract for good cause.
  5. 5
    In particular, in the event of revocation of a loan agreement for financing the unu Scooter, you have the right to terminate the agreement due to the subsequent cessation of the basis of the transaction (§§ 313, 346 German Civel Code).
We also recognize as a special important reason for premature termination of the contract if you demonstrably dispose of your unu Scooter on the basis of your own legal right of disposal, in particular by virtue of your legal position as the owner of the unu Scooter, and sell the unu Scooter in your own name and for your own account to a third party purchaser (e.g. private person, commercial purchaser) and transfer your ownership rights to the unu Scooter to this third party. The rental contract is considered to be terminated at the time when we are able to conclude the rental contract with the purchaser without culpable delay based on your information about the purchaser and the purchaser's written request to conclude the rental contract. Settlement due to premature termination of the contract on your initiative shall be governed by clause 18.1.
17. We shall be entitled to terminate the contract and to demand immediate payment of the entire claim and to claim damages in accordance with clause 18 if
  • You are in arrears with an amount equal to at least two rental installments;
  • You or your personally liable partners experience a significant deterioration in your financial circumstances (e.g. compulsory enforcement measures; application for the opening of insolvency proceedings) that a continuation of the lease is unreasonable for us (Section 490 (1) BGB);
  • You give up your place of residence or business in Germany or Austria;
  • You violate our rights to a considerable extent by significantly endangering the battery left to you by neglecting the care incumbent upon you or by leaving it to a third party without authorization (in particular without authorization contrary to the provisions of the rental agreement) and continuing this behavior even after we have issued a warning; a warning is not required if this is obviously unsuccessful or if immediate termination is justified for special reasons after weighing the interests of both parties; or
  • You provided incorrect information or concealed facts when concluding the contract and therefore we cannot reasonably be expected to continue the rental contract until the expiry of the minimum term or until other termination of the rental relationship.
  1. 1
    If you die, the heir(s) can continue the rental agreement, provided that the rental agreement is not already continued with another tenant. If the rental agreement cannot be continued because the heirs do not have to take over the unu Scooter with the battery as legal successors for legal reasons (e.g. in the case of proven inheritance), the heirs or we can terminate the rental agreement at the time when a rental installment is due and the heirs must hand over the battery to us or to an authorized recipient appointed by us.
  2. 2
    If the unu Scooter and/or the battery has been so severely damaged in a damaging event that at least one of the criteria listed in clause 12.2 is met, the rental agreement may be terminated prematurely by either contractual party. This also expressly applies in the cases of damage described in clause 12.2, in which the damage affects the unu Scooter without exception and for which the rental agreement can therefore not be continued due to the discontinuation of the basis of the business. In all other respects, the provisions under clause 8 shall apply.
18. Settlement after premature end of contract
  1. 1
    In the event of termination of the contract by you pursuant to Section 17.5, we shall be entitled to a processing fee in the amount of EUR 85.00 plus VAT to cover the processing and additional expenses incurred for this reason, unless you provide evidence of lower additional expenses. Your contractual and post-contractual payment obligations then end with the legally binding conclusion or the transfer of the rental agreement. However, this shall not affect your obligation to pay damages in the event of premature termination of the contract within the first twelve months of the contract and we shall be entitled to take this circumstance into account appropriately unless you provide evidence of lower additional expenses.
  2. 2
    After extraordinary termination of the rental agreement by us, we shall settle the rental agreement in concrete terms in accordance with generally applicable principles:
  • The rental installments not yet due at the time of termination of the contract for the remaining agreed rental period will be debited.
  • A lump-sum processing fee of EUR plus85,00 VAT to cover the additional expenses incurred by us due to the premature termination of the contract will be charged, unless you prove a lower additional expense.
  • Our receivables will be reduced by the costs we save because of the early payment.
  1. 1
    In the event of total loss or theft pursuant to Section 12.2, the respective replacement value of the battery shall be taken as a basis. Any indemnification paid to us (by the insurer or the damaging party) will be credited.
  2. 2
    In addition, your obligation to pay existing arrears or claims for damages remains.
  3. 3
    To the extent provided by law, the value-added tax valid at the time of contract settlement shall be charged or reimbursed.
  4. 4
    We are entitled to charge the damage caused by default. If interest on arrears is claimed from private customers (consumers), we may charge 5% above the base interest rate; for commercial customers, we are entitled to charge an interest rate of 8% above the base interest rate. If a collection service is commissioned with the collection of the claim or with the securing of the claim, you shall bear the costs arising from this commissioning.
 
19. Regulations for the end of the battery subscription
  1. 1
    The provisions of this clause are to be differentiated according to the legal relationship you have with unu Scooter.
  2. 2
    The rental agreement is terminated after the notice of termination has been given, unless it has been (automatically) extended or renewed in accordance with the terms and conditions of the rental agreement prior to the expiry of the rental period.
  3. 3
    If you are (still) the owner of the unu Scooter with the right of disposal at that time and the rental agreement is not continued by mutual agreement, it is in your interest that the unu Scooter is sold and transferred to a third party purchaser by you in your own name and for your own account while preserving our rights to the battery. The handling of this case is described in section 13. You shall bear all contractual and legal consequences, including the resulting costs, if they act in breach of trust and continue possession without authorization.
  4. 4
    If you derive your rights to the unu Scooter from a rental/lease agreement with a third party lessor, you are obligated to surrender the unu Scooter to the third party lessor, taking into account and preserving our ownership rights to the battery.
  5. 5
    In the event that a third party finances the purchase of the unu Scooter and it is assigned as collateral to the third party, if applicable, you are obligated to notify the third party of the termination of the rental agreement.
  6. 6
    We are entitled to demand the return of the battery to us or a representative appointed by us in all cases in which the rental relationship has come to an end and there has not been a mutually agreed continuation arrangement before the end of the contract. In this respect, we are also entitled to demand that you present the unu Scooter to us or a third party appointed by us so that the battery can be removed. In order to substantiate our claims, we are entitled to block the use of the battery in accordance with section 15 of the above rental conditions, so that the unu Scooter can no longer be supplied with battery power and driven. In addition, we are entitled to assert our statutory claims and compensation for damages.
 
20. Regulations when returning the battery
  1. 1
    If the battery has to be returned to us according to the above conditions or due to legal regulations, it must be in a condition corresponding to its age and the conditions, free of damage as well as roadworthy and it must have been regularly serviced with the unu Scooter. Normal wear and tear is not considered damage. The return is recorded and signed by both contracting parties or their authorized representatives.
  2. 2
    If the battery is not returned on time, you will be charged 1/30 of the monthly rental rate agreed for the contract period as a basic amount for each day exceeded. Any additional costs incurred due to the late return may also be charged.
  3. 3
    Continued use of the battery by you after termination of the contract shall not result in continuation of the lease. However, subject to further claims by us, the obligations regulated in the contract and other obligations shall continue during the period of unauthorized further use.
21. Other regulations
  1. 1
    All securities given to us as well as existing credit balances are liable for all present and future claims arising from the entire business relationship. We are also entitled to assign your contractual rights claims to third parties, especially for their refinancing. You agree to the transfer of contractual obligations and/or the continuation by a third party.
  2. 2
    You may only offset our claims against an undisputed counterclaim. You are not entitled to a right of retention to the battery or to rental installments, with the exception of expressly permitted cases.
  3. 3
    Your claims and rights under this lease may only be assigned with our written consent.
  4. 4
    We may charge special processing fees oriented to actual costs and payable immediately (e.g. for rescheduling due dates, for changing a tenant/guarantor, for necessary address investigations). Extraneous costs and VAT, if applicable, will be invoiced additionally. All fees are due immediately.
  5. 5
    Berlin is the place of performance. The place of jurisdiction is our registered office if you are a merchant or do not have a general place of jurisdiction in Germany or have moved your place of residence or habitual abode out of Germany or your place of residence or habitual abode is not known at the time the action is brought. Legal regulations about exclusive jurisdiction remain unaffected.