The company SWISH, SAS with capital of 1,181,978.00 Euros, registered in the Trade and Companies Register of Pontoise, under number 977 649 425, with its head office at 385, rue de la Belle Étoile, Parc des Nations - Building T3, 95700 Roissy in France.
Scope
These general conditions (hereinafter: the “CG”) apply to any recharge service provided by
Swish in quality
as a charging service provider, to its customers who use electric or hybrid vehicles
rechargeable.
These T&Cs form part of the charging service contract between Swish and the user of the rechargeable vehicle.
In the T&Cs, the following terms have the meaning specified below:
Recharge service provider: this is Swish, in its capacity as a recharge operator, which offers a charging service for users of plug-in vehicles.
Vehicle means an electric or plug-in hybrid vehicle.
User is a party who has entered into an electric charging service contract for an electric vehicle or plug-in hybrid, with the charging service provider. The user can be a natural person or a legal entity.
The parties jointly designate the charging service provider and the user.
The charging point holder designates the operator who owns charging points or charging station, and/or exploits them for its own account, or on behalf of a third party. The charging point holder determines the price of electricity supply at the charging point.
Charging station means a terminal associated with parking spaces, or a set of terminals associated with parking spaces, supplied by the same delivery point from the public network of electricity distribution, or by the same local energy production or storage installation and operated by a single operator or group of operators.
Charging service refers to a service allowing the user to use charging points, and have access to associated services.
Charging point means an interface associated with a parking space, which allows you to recharge a only vehicle at a time.
Normal charging point means a charging point with a power less than or equal to 22 kW.
Fast charging point means a charging point with a power greater than 22 kW.
RFID card means a card issued to the user of the rechargeable vehicle, allowing the identification of the user of the rechargeable vehicle in a charging station and/or at a charging point.
Power balancing means changing the charging speed, or interrupting the charging of the rechargeable vehicle or the energy supply from the battery of the rechargeable vehicle on the network electric. The electricity network manager is obliged to prepare for sudden imbalances in the electrical system. In the event of a disruption, the main network manager must quickly increase the production of electricity from other resources or reduce consumption. It is therefore specified that in the event disturbance, charging points can receive an automatic command forcing them to reduce the charging power. Such a reduction usually lasts only a short period of time.
The recharge service contract is concluded between the parties, electronically, on the SWISH application or the website https//swishforgood.com, for an indefinite period. It can be terminated at any time, by each of the parties, as indicated in article 7 below.
Prior to concluding the charging service contract, the user must read the these General Terms and Conditions. The user declares to accept them by checking the box provided for this purpose, before the conclusion of the charging service contract. The user undertakes to respect the T&Cs to benefit from said services.
After the conclusion of the charging service contract, that is to say after the finalization of its registration, the recharge service provider sends the user an e-mail mentioning:
The consumer user has a period of 14 days to withdraw, from the conclusion of the contract. contract, in application of articles L.221-18 et seq. of the Consumer Code.
Article L. 221-18 of the Consumer Code:
The consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded
remotely, following telephone canvassing or outside the establishment, without having to justify your decision or
bear costs other than those provided for in articles L. 221-23 to L. 221-25.
The period mentioned in the first paragraph runs from the day:
1) From the conclusion of the contract, for service provision contracts and those mentioned in article L.
221-4;
2) Receipt of the goods by the consumer or a third party, other than the carrier, designated by him, for the
contracts for the sale of goods. For contracts concluded off-premises, the consumer can exercise his right
withdrawal from the conclusion of the contract.
Article L. 221-25 of the Consumer Code:
If the consumer wishes the execution of a provision of services or a contract mentioned in the first
paragraph of article L. 221-4 begins before the end of the withdrawal period provided for in article L. 221-18 and if the
contract subjects the consumer to an obligation to pay, the professional collects his express request by any
means for contracts
concluded remotely and on paper or on a durable medium for contracts concluded off-premises. He asks
the consumer to recognize that after he has fully executed the contract, he will no longer have the
right of withdrawal.
The consumer who has exercised his right of withdrawal from a contract for the provision of services or a contract
mentioned in the first paragraph of Article L. 221-4, the execution of which began, at his express request, before the end
of the withdrawal period pays the professional an amount corresponding to the service provided until the
communication of his decision to withdraw; this amount is proportionate to the total price of the agreed service
in the contract. If the total price is excessive, the appropriate amount is calculated based on the value
merchant for what has been supplied. No sum is owed by the consumer having exercised his right to
withdrawal if his express request has not been received in accordance with the first paragraph or if the professional
did not comply with the information obligation provided for in 9° of article L. 221-5.
The user must take all appropriate measures to protect their stored data and/or software. on its computer equipment. Connection to the application is done under your own responsibility.
Any breach of these T&Cs, any abusive or fraudulent use will automatically result in suspension. with immediate effect, the services of the charging service provider.
For the use of the recharge service, fees will be billed to the user, in application of the rates in in force on the date of use of the recharge service. These prices can be viewed on the Swish application.
The prices for the charging process vary depending on the socket and the power chosen. The details of the price, and in particular the price per kilowatt hour (kWh), are clearly indicated to you in the application when you select the characteristics of the desired charge before the charging process begins. The final amount charged depends on the time of the charging process, and the selected power. The latter is also brought to your attention at the end of the process charge. All prices include value added tax.
Prices are not fixed, and may therefore vary from one recharge operation to another. You cannot claim at a rate other than that(those) indicated at the time of conclusion of the contract.
Payment is made by credit card only.
Use of the recharge service must be paid in advance, with the user required to fund their account customer to be able to use the recharge service. After each recharge transaction, the amount corresponding to the transaction is taken from the customer account. The charging service provider will send to the user, a monthly statement of use of the recharge service, detailing each recharge transaction executed during the month in question. The vehicle user must ensure that their customer account has sufficient balance before each recharge transaction.
The user can fund their customer account at any time. The charging service will therefore be available from the conclusion of the contract provided that the user has funded his customer account as stated above.
The user can also activate an automatic debit option, allowing the account associated with the card to be the user is automatically credited with a predetermined amount when the customer's account balance falls under a certain predetermined limit. It is specified that for the provision of payment services, the charging service provider uses the services of third-party service providers.
The user can fund their customer account via credit generated by means not linked to a payment carried out on the recharge platform, such as free credit offered by the service provider or its partners, credited vouchers, kwh provided as a tribute. This credit generated by means not linked to a payment made on the recharge platform has a validity period of 12 months, the remainder will be eliminated after 12 months from the date of credit activation.
As soon as a user's customer account shows a negative balance, and until the account balance customer in question becomes greater than or equal to 0 again, the user will be automatically liable for penalties of late payment calculated on the basis of three (3) times the legal interest rate applicable in France, plus compensation flat rate for recovery costs equal to forty (40) euros.
Any complaint must be sent by e-mail to the following address: support@swishforgood.com
It is recalled that the electricity network manager, to prevent power supply imbalances, electricity, may force charging points to reduce charging power or interrupt charging, usually for a short period of time. The charging service may therefore be temporarily interrupted. in order to guarantee the balance of the electricity network, the quality of the electricity supply, or other similar aspects.
The charging service provider, or the charging point holder, may at any time interrupt temporarily the recharge service in order to carry out maintenance and update operations.
The charging service provider may also refuse to provide the charging service, or interrupt immediately the service provided to the user, under a legal or regulatory obligation, or in order to comply with a judicial decision, a decision of a jurisdictional or administrative authority or control, or if there are serious suspicion of fraud, or in the event of violation of contractual conditions or the law or the regulation.
Termination does not exempt the user from paying the full amount due for the service. recharge, until the effective date of said termination, it being specified that any month started is due in full.
At the end of the contract, the user will be able to request reimbursement of their available credit on their account.
account, with the exception of any recharge credit not generated by a payment made on the recharge platform
(e.g. free credit offered by the service provider or its partners, credited purchase vouchers, kwh provided in
tribute, etc.). This net amount will then be reduced by the costs of executing and processing the application.
withdrawal, for professional users. The remainder will be returned to him upon his first request, by the
charging service provider. Withdrawal can only be made by transfer to a bank account
personnel of the natural person, or the bank account of the legal entity (account located in France
metropolitan).
Transfer costs may involve fees set at the discretion of the bank, which remains the responsibility of
the professional user.
Termination of access to the recharge service will result in the user being obliged to return the card
RFID.
The charging service provider may also terminate the charging service contract if the user has breach of its obligations, or if the charging service is interrupted or if it is interrupted due to the acts or user negligence.
The user can terminate the recharge service if the recharge service is interrupted for a period minimum consecutive period of forty-eight (48) hours, unless the delay results from force majeure.
The personal data provided by the Customer are necessary for the processing of his order and the establishment
invoices. They may be communicated to SWISH partners responsible for execution, processing,
order management and payment. SWISH may also communicate personal data
personnel of the Client to other companies in the group to which it belongs.
The Customer has the right to access, rectify, modify or delete personal data.
personnel concerning him, by sending a simple letter to the following address: Swish, Customer Service, 385, avenue
de la Belle Etoile, Parc des Nations, Building T3, 95700 Roissy in France; or an email to the following address:
rgpd@swish.fr
For more details, please consult the Privacy Policy accessible on the website and
the application.
These General Conditions are governed by French law.
In accordance with article L.612-1 of the Consumer Code, the consumer customer has the possibility of recourse, in the event of a dispute, a conventional mediation procedure or any other alternative method of settlement disputes.
In the event of a dispute between SWISH and the consumer, they will endeavor to find an amicable solution. In the absence of an amicable agreement, the consumer has the possibility of contacting the consumer mediator free of charge. to which SWISH, namely the Association of European Mediators (AME CONSO), falls, within one year from the written complaint addressed to SWISH.
The referral to the consumer mediator must be made:
-either by completing the form provided for this purpose on the AME CONSO website:
www.mediationconso-ame.com;
-either by mail addressed to AME CONSO, 197 Boulevard Saint-Germain, 75007 Paris.
In accordance with the rules applicable to mediation, any consumer dispute must be referred in advance, in writing, to SWISH Customer Service, before any request for mediation.
The Courts of Paris will have sole jurisdiction in the event of a dispute of any nature linked to the conclusion or execution hereof.
This clause applies even in the event of interim relief, incidental request or multiple defendants or appeal in guarantee, and whatever the method and terms of payment, without the clauses attributing to jurisdiction that may exist over the user's documents may obstruct the application of the this clause.
In the event of a dispute of any nature or dispute relating to these general conditions, and contracts concluded by the consumer user with SWISH, this dispute may be brought before the competent court in application of common law.
Edition 2024.10 – SWISH, SAS with capital of 1,181,978 Euros, registered with the RCS of Pontoise, under number 977 649 425, with its head office at 385, rue de la Belle Etoile, Parc des Nations, Building T3, 95700 Roissy in France.
