1. THE SERVICE AND ITS OWNER
WALL BOX CHARGERS, S.L.U (hereinafter, "WALLBOX"), is a commercial company, with C.I.F. B66542903, with its registered office at aseo Castellana, n.º 95, 28046 Madrid, Spain, and email [email protected], which is duly registered in the Commercial Registry of Barcelona, Volume 44872, Folio 59, General Section, Sheet No. B-469977, 1st Registration.
WALLBOX is the owner of a service aimed at the operation of smart electric vehicle charging devices, comprising devices relating to the "PULSAR", "COPPER", and "COMMANDER" families, as well as any other charging devices (hereinafter, the "Devices"), and accessories for such Devices that it sells (hereinafter and collectively, the "Products"), the smart charging service for electric vehicles through the Devices, converted into charging points, and their energy management and monitoring (hereinafter referred to as the "Charging Service"), the website for the domain names www.wallbox.com, including its versions in different languages, used as an eCommerce platform to purchase the Products (hereinafter, the "Website") the "Wallbox" mobile application (hereinafter the "Application"), the mywallbox.com portal (hereinafter, the "Portal"), the support and knowledge website https://support.wallbox.com/ (hereinafter, "Wallbox Academy") and all the elements that enable the provision of the service, including the front end customer service, call centre and troubleshooting, technical diagnostic service, assistance, and spare parts services, as well as the installer service, data warehouse servers, databases, communication protocols and other technical means (hereinafter known together as the "Service").
These General Conditions bind any person (hereinafter, the "User") who makes use of the Service in any of the methods referred to, including browsing the Website. The mere use of the Service implies the User’s acceptance of these General Conditions. In addition, in the event that the Customer has contracted a Subscription Licence, in accordance with the stated terms, the General Conditions of each corresponding contracted Subscription Licence shall also apply.
Any individual or legal entity who uses the Service, by browsing the Website, by buying the Products from the Website, either directly or from authorised distributors, by using the Devices for charging vehicles through contracting the applicable Subscription Licence, or by using the Application for locating charging points and the electrical and financial management of the power supply.
Any User who signs a contract with WALLBOX to purchase Products from the Website, either directly or from authorised distributors, the use of the Devices through contracting the corresponding Subscription Licence for the vehicle Charging Service, or the use of the Application, either for the User’s own use, or for multiple Charger Users in a manner restricted and authorised by the Customer, or on a public basis in exchange for the payment of a usage fee directly to the Customer.
2.3 Charger User
Any Customer who, upon creating a “myWallbox” Account, makes use of the Charging Service using the Devices, whether they are owned by that Customer, or owned by a Customer who has authorised such use or allows for the Device to be used publicly, to carry out the electric charge of the vehicle, by paying the Charging Fee to the Customer, and its smart management via the Application.
The charging devices manufactured and sold by WALLBOX on its Website, either directly or by authorised distributors, consisting of chargers and smart charging points for electric vehicles, as well as any other devices and charging points that it will develop and sell in the future, which are purchased by Customers, and used in accordance with the applicable contracted Subscription Licence.
The products and services additional to the Devices that WALLBOX makes available to its Customers on its Website, either by direct sale or through its authorised distributors, including installation services,hoses and charging cables, and connectivity solutions, as well as any other accessories that it may develop and sell.
All the Devices and Accessories made available by WALLBOX to its Customers on its Website, either by direct sale or through its authorised distributors.
The latest version of the domain name website www.wallbox.com, including all of its versions in the languages published by WALLBOX.
The latest version of the WALLBOX mobile application available at app stores to be used by Customers and Charger Users, and that offers solutions for Device management, recharging and electric vehicle range, as well as for managing and controlling power costs and charging hours, among other features. By previously creating an Account, the Application allows Customers to manage the Devices, allowing them to add or remove Devices, to organise them, to monitor charging in real time and to configure charging parameters.
The customised website for the Customer, provided by WALLBOX for smart charging management. By previously creating an Account, the Portal allows Customers to manage the Devices, allowing them to add or remove Devices, to organise them, to monitor charging in real time and to configure charging parameters. The Portal also allows the Customer to view general charging statistics, both on an individual level and, depending on the contracted Subscription Licence, on a Charger User group level. In addition, and in accordance with the contracted Subscription Licence, the Portal allows the Customer to manage and organise multiple Charger Users, invite new Charger Users and assign them to subgroups. Where appropriate, the Portal also allows the Customer to manage the payments made on the Devices contracted by the Customer, as well as to manage the transactions resulting from the charging done through the Devices.
The "myWallbox" user account, with registration and use required by Customers and Charger Users for the use of the Portal and the Charging Service, including the use of the Devices and the Application. Registration can be carried out via the Portal or via the Application.
The connection method to the Devices, provided to Customers for charging purposes. WALLBOX allows for both an online connection via Ethernet, Wi-Fi, 3G/4G and an offline connection via Bluetooth to the Devices. The connection can be made via the Application, in your Customer area.
2.12 Subscription Licence
The usage method of the Charging Service contracted by the Customer, for using and managing the Devices and the Application, and which is determined by the number of Devices and Charger User Accounts contracted, as well as the possibility of Customer monetisation of the use of the Devices by Charger Users. WALLBOX makes available different Subscription Licences for its Customers that allow access to different functionalities according to the subscribed and contracted choice.
2.13 Subscription Fee
The fee for using the Charging Service linked to the contracted Subscription Licence, and which allows the Customer to use the Charging Service under certain terms and payment conditions. Payment will be made by the Customer to WALLBOX, in accordance with the contracted Subscription Licence. If one of the Subscription Licences is contracted, the Customer may choose to make the payment on a monthly or annual basis, or with any other payment methods or frequencies that WALLBOX may establish. The invoicing for the Subscription Fee will be automatically generated for each new Device included in the myWallbox account, and the total will be calculated based on the volume of contracted Devices.
2.14 Public Charging
Charging can be done by any Charger User, upon identification by the established system, using the Devices purchased by the Customer under the contracted Subscription Licence. With this system, the Customer can
Monetise the use of the Charging Service carried out by a Charger User, from Public Charging using a publicly accessible Device. Charger Users carry out the charging and make the payment using their Application, and the Customer will receive the commission agreed with WALLBOX, depending on the charge scheduled by the Charger User, according to the established Charging Fee.
3. USER REGISTRATION
3.1 Access to certain provisions of the Service will require the User to register as a Customer, by creating a "myWallbox" Account, with express acceptance of these General Conditions. The creation of the account will allow the Customer to benefit from the smart management of electric vehicle charging, through a contracted Device, or the management of multiple Devices and Charger Users according to the choice of Subscription Licence among those offered by WALLBOX.
3.2 As part of the registration process, the Customer must complete the forms intended for this purpose on the Portal or in the Application. The data entered by the Customer must be accurate, truthful, current and complete, with the Customer being responsible for updating it. The Customer guarantees that any information provided to WALLBOX is truthful, complete and accurate, and that such information is current and correct at all times. The Customer must report any modification of the information provided at all times, and WALLBOX will consider it to be correct until it is modified.
3.3 Customers are responsible for the safekeeping of their passwords, assuming any damage that may arise from any misuse, assignment, disclosure or loss thereof. Access to areas that are restricted or that have limited access and/or the use of services through a user profile shall be understood as being carried out by the User who owns said profile, who will be in all cases be responsible for such access and use.
3.4 Customers may give authorisation to the Charger Users they decide can use the Charging Service on their "myWallbox" Account, creating the corresponding Charger User sub-accounts for this purpose. Such persons will also be considered Users of the Charging Service for all purposes, and will make use of it being fully subjected to these General Conditions. By adding these Charger Users, the Customer undertakes to subject all the authorised persons to these General Conditions, with the Customer being solely responsible for compliance with said conditions by any of them.
3.5 The Customer, depending on the contracted Subscription Licence, may make the Devices available to certain Charger Users, to charge their vehicles by using their own "myWallbox" Accounts. In return the Customer will obtain a commission on the charging established and carried out by the Charger Users and they will pay the Customer for the use of the Charger Service, in accordance with the financial conditions and charging fees set up the Customer through the Customer’s "myWallbox" Account. Under the contracted Subscription Licence, Customers can manage and run the Charging Service operation through their network of Devices, using their own "myWallbox" Account.
3.6 Users, Customers and Charger Users shall be responsible for their own use of the Service. In addition, Users, Customers and Charger Users undertake to make correct and appropriate use of the Service and/or any of its components and/or elements. In an inclusive but not limiting manner, the User, the Customer and the End Charger User are obliged not to use them to introduce computer viruses to the network, use third-party user accounts and, in general, in order to carry out any activities that are unlawful, illegal or contrary to the public order and good faith, at the risk of being deprived from access to the Service.
3.7 Likewise, the Users, Customers and Charger Users undertake to comply with the provisions of these General Conditions and other notifications, usage rules and instructions offered or accessible to them.
3.8.1 If the User or Customer is over 16 years of age, they may contract the service only if they have the necessary legal capacity to sign and accept these General Conditions. Minors without the necessary legal capacity will not be able to contract the Service, and may only use it under the authorisation and full responsibility of the contracting User who is their parent or legal guardian.
3.8.2 WALLBOX under no circumstances will be liable for any damages that may arise from the use of the Service by minors.
4. USE OF THE CHARGING SERVICE
4.1 Service Features
4.1.2 In order to improve the Service, WALLBOX may at any time and without prior notice, unilaterally modify any component and/or element of the Service, or its conditions of operation, techniques and use. Likewise, in order to improve the Service, Customers may suggest any modifications they deem useful to WALLBOX, as well as obtain any additional information or resolve their doubts, complaints or suggestions by getting in touch using the email address in the heading of this document, without this, however, resulting in WALLBOX assuming any obligation.
4.2 Access to the Charging Service through the Application and the Portal
4.2.1 WALLBOX makes the Application available to Customers so that they can access and use the Charging Service on smartphones, tablets, smart watches and any other types of mobile devices (hereinafter "Mobile Devices"). The Application will be available for download for Android and iOS systems through the corresponding app store, which provides information about the Charging Service, including the description, functionality and features of the Application and the technical requirements necessary for its installation and use.
4.2.2 Once the Application has been downloaded or using the Portal and, where applicable, with the corresponding purchased Device, Users may proceed to register and create their "myWallbox" Account, with any of the Subscription Licences established by WALLBOX and following the instructions provided, which will give them access to the Charging Service features for which prior registration is required.
4.3 Contracting the Charging Service
4.3.1 The Charging Service shall be provided in accordance with the Agreements entered into between the Customer and WALLBOX, in accordance with these General Conditions and the financial conditions of the contracted Subscription Licence. The Agreement will be entered into by accepting and paying the applicable Subscription Licence. Entering into the contract will result in a licence for the Customer to use the Charging Service, in accordance with the respective contracted Subscription Licence, and which will be governed by these General Conditions.
4.3.2 WALLBOX may carry out solvency assessments and credit checks on the Customer, within the limits established by the law, and may choose not to enter into the Agreement, or, when applicable, establish specific conditions for said Customer.
4.4 Cancellation of the Subscription Licence
4.4.1. WALLBOX may cancel a Subscription Licence immediately if: a) the Customer does not pay the corresponding price with the contracted Subscription Licence following consecutive attempts, or a payment obligation is breached; b) if the Customer declares himself insolvent, bankrupt or in dissolution or liquidation; c) if any of the charging points are damaged.
4.5 Public Charging
4.5.1 Through the contracted Subscription Licence that includes this option, WALLBOX offers its Customers the provision and management of a Charging Service, via a network of public charging devices that are freely accessible, and without the need for Customer authorisation, for any Charger Users who have an active "myWallbox" Account. Through this contracted Subscription Licence, the Customer may obtain a repayment or monetise the charging carried out by Charger Users via the Device network that it has acquired and made available.
4.5.2 The Customer may purchase the following Devices for the Public Charging System: COMMANDER 2, COPPER S, COPPER SB and COPPER C, as well as any other Devices that could be developed and that provide this public access system.
4.5.3 Once charging is complete, the Charger User must make the payment through the Application. Payment will be made through any other payment services that WALLBOX may establish.
4.5.4 The Customer may set up the payment and use of the Devices, including the configuration of the energy cost and the charging price per hour. In distributing the Charging Fee, the Customer will receive, for each successful charge, the total price paid by the Charger User, minus a ten percent (10%) commission of the total price paid by the Charger User plus a fixed amount set by WALLBOX.
4.5.5 WALLBOX offers no guarantee regarding the availability of a Public Charger network provided by a Customer, or whether it is working properly or available. The use of the Devices shall be subject to these General Conditions, and to the conditions established by the Customer.
4.5.6 Customers may request and obtain an upgrade or downgrade on the provisions of the contracted Subscription Licence, so as to allow them to use the specific features of each Subscription Licence, such as opening a Device for it to have public charging availability, as long as they do not breach any of the limitations established by WALLBOX, in terms of the number of Users and Devices added to the Customer's Account.
4.6 Prices, billing and payments
4.6.1 The Customer must pay the amounts corresponding to each Subscription Licence contracted with WALLBOX, in accordance with the established rates. WALLBOX will bill each Customer, according to the contracted rates.
4.6.2 Any claims relating to invoices issued by the contracted Subscription Licence, must be sent to WALLBOX by email to the address: [email protected]
4.7. Illegitimate Use of the Charging Service
4.7.1 Customers undertake not to use the Charging Service for illicit purposes, contrary to the provisions of these General Conditions, which are harmful to the rights and interests of WALLBOX or third parties, or that in any way could damage, or impair WALLBOX’s image or reputation, or prevent the normal use or enjoyment of the Charging Service.
4.7.2 The Customer may only use the Charging Service for exclusively personal purposes and within the scope set forth in these General Conditions. The Customer will not engage in any activity that may cause damage to the Service and/or its operation and implementation.
4.7.3 In addition to the above, in particular, but without limitation, the Customer shall refrain from using the Charging Service to:
4.7.4 harass or disrupt third parties and/or violate their privacy and confidentiality;
4.7.5 impersonate other users or third parties;
4.7.6 spy on other users or third parties;
4.7.7 make the location of other users known to third parties;
4.7.8 undermine the reputation, image and integrity of other users or third parties; and
4.7.9 for advertising purposes, in order to promote their own or third party products, services or activities, unless previously and expressly authorised by WALLBOX.
4.7.10 Customers are not authorised to assign all or part of their rights and obligations under these General Conditions, except with the prior written authorization from WALLBOX.
4.7.11 WALLBOX reserves the right to block the Customer’s access or to delete the Customer’s account, as well as to take the appropriate legal actions in the event that the Customer contravenes the provisions of these General Conditions.
5. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
5.1 The Service, the Charging Service, the Website, the Application and the Devices, as well as all the components and/or elements integrated therein, including but not limited to, devices, technology, source code, designs, texts, trademarks, logos and images, are protected by intellectual and industrial property rights. WALLBOX owns the corresponding intellectual and industrial property rights, and/or has obtained the appropriate authorisations or licences from the third parties holding them for their use. Therefore, the Service, as well as any of its components and/or elements, may not be used, publicly communicated, reproduced, distributed, transformed, made available or used in any other way that constitutes a violation of Spanish, EU and international legislation on intellectual and/or industrial property, without having obtained prior and express authorisation from WALLBOX to do so.
5.2 WALLBOX shall also own the intellectual and industrial property rights for any modifications or improvements to the Service, or its components and/or elements, as a result of the experience of using the Service, including those arising from suggestions and/or comments made by Users.
5.3 The User must refrain from circumventing any measure or device established to guarantee the intellectual and industrial property rights of the Service and/or any of its components and/or elements.
6. SECURITY IN THE ELECTRONIC PROVISION OF THE SERVICE
6.1 WALLBOX undertakes to implement the necessary technical and organisational security measures that are adequate and sufficient throughout the Service, in accordance with the applicable legislation, to ensure the security of the personal data of Users, ensuring its confidentiality and preventing it from being manipulated, damaged, or lost.
6.2 WALLBOX is not obliged to monitor the presence of viruses, worms or any other IT element that could be harmful, or have a destructive or damaging nature. It is up to the User to have and implement the appropriate tools for detecting, protecting and removing malware or any harmful software programme on the equipment used for access and use of the Service (computers or mobile devices). Consequently, WALLBOX is not responsible for any damage that may occur to the equipment of Users or of third parties due to the use of the Service.
7.2 Browsing and using the Service means that Users consent to cookies being installed on their equipment for the purposes expressed herein. If the User chooses not to accept the use of our cookies, this may mean that the use of the Service is affected, or that certain functionalities no longer work, or even that browsing using this Service is not possible.
Types and purpose of cookies used:
A) Technical Cookies: those that allow the User to browse through this Service and to use the different options or services offered, such, for example, controlling traffic and data communication, identifying the session, accessing restricted access areas, remembering the elements that make up an order, going through the process of purchasing an order, completing a request for registration or participation in an event, using security elements while browsing, storing content in order to broadcast videos or sound or sharing content on social networks.
B) Personalised cookies: those that allow the User to access the Service with some predefined general characteristics based on a series of criteria on the User's device, such as the language, the type of browser used to access the Service, the region the User is accessing the Service from, etc.
C) Analysis cookies: those used by WALLBOX or owned by third parties and that allow the party responsible for them to monitor and analyse the behaviour of Users on the Website. The information collected via this type of cookie is used in measuring activity and to create browsing profiles for Users on these Websites in order to introduce improvements based on the analysis of the usage data made by the Service Users.
D) Advertising cookies: those that allow for the advertising spaces that may be included in the Service to be managed effectively, including obtaining browsing profiles that allow information about User behaviour to be obtained. They allow for the advertising content to be adapted so that it is relevant to the user.
Chrome: https://support.google.com/chrome/answer/95647?hl=es Safari: https://support.apple.com/kb/ph21411?locale=es_ES Firefox: https://support.mozilla.org/es/kb/Borrar%20cookies
Internet Explorer: http://windows.microsoft.com/es-es/internet-explorer/delete- manage-cookies#ie=ie-11
When it considers this appropriate, WALLBOX can modify this policy, and the User is responsible for periodically consulting the policy in force.
8. TRANSMISSION OF CONFIDENTIAL INFORMATION THROUGH THE SERVICE
8.1 Any information submitted by the User through the Service will be treated with due confidentiality and respect. Without prejudice to the foregoing, WALLBOX may delete such information if it is considered inappropriate or offensive, as well as provide the Courts and Competent Authorities with access to such information, provided that this access is in accordance with the applicable legal provisions.
9. TECHNOLOGICAL LIMITATIONS
9.2 As a result of maintenance work, temporary interruptions of the Service may occur in certain cases. Also, WALLBOX notes that, in addition to those indicated above, there are a wide variety of factors that may affect the operation of the Service, such as, but not limited to, environmental conditions, network saturation, connectivity, third-party software, etc.
10. LINKS TO THE SERVICE FROM THIRD PARTY SITES
10.1 Links to the contents of the Website may be established on third-party websites and/or applications, provided that it is clear that they link to a site other than the one on which the links are located. Under no circumstance can such links to the Website be from a website or application with illicit or illegal content that is contrary to good faith. It is also not allowed for these links to be established on websites or applications with high sexual or violent content. Likewise, in an inclusive but not limiting manner, links may not be available on websites or in applications with xenophobic, discriminatory or pornographic content, or that which attack human dignity in some way.
11. LIABILITY DISCLAIMER
11.1 WALLBOX is not responsible for the decisions made by Users as a result of the information offered through the Service regardless of its origin, nor for the damage caused to Users or third parties from the use of the Service.
11.2 WALLBOX will also not be responsible for the speed, browsing and usage quality and the User’s access to the Service, which will depend on the technical conditions that the User has contracted with the User’s service provider. Therefore, WALLBOX shall not be liable for the impossibility, suspension or cancellation of access to the Service or for difficulties in connecting to the communications network through which the User accesses the Service and the failures caused by third parties. Nor shall it be responsible for the continuity and availability of the Service when it cannot be guaranteed as a result of causes beyond WALLBOX’s control.
12. ILLEGITIMATE USE OF THE SERVICE
12.1 The Users undertake not to use the Service for illicit purposes that are contrary to the provisions of these General Conditions, harmful to the rights and interests of WALLBOX or third parties, or that in any way may damage, or degrade WALLBOX’s image or reputation or prevent the normal use or enjoyment of the Service.
12.2 The User may only use the Service for personal purposes and for the scope set forth in these General Conditions. The User will not carry out any activity that could cause damage to the Service and/or its operation and implementation.
12.3 In addition to the above, in particular, but without limitation, the User shall refrain from using the Service to:
harass or disrupt third parties and/or violate their privacy and confidentiality;
impersonate other users or third parties;
spy on other users or third parties;
make the location of other users known to third parties;
undermine the reputation, image and integrity of other users or third parties; and
for advertising purposes, in order to promote their own products, services and activities or those of third parties, unless they are expressly authorised by WALLBOX in advance.
12.4 Users are not authorised to assign all or part of their rights and obligations under these General Conditions, except with the prior written authorisation of WALLBOX.
12.5 WALLBOX reserves the right to block the access of Users or delete their accounts, as well as to take appropriate legal action, in the event that Users contravene the provisions of these General Conditions.
13.1 These General Conditions shall be deemed to be in force as long as Users keep their "myWallbox" accounts active and/or make any use of the Service.
14. MODIFICATIONS TO THE GENERAL CONDITIONS
14.1 WALLBOX reserves the right to modify the General Conditions provided in the Service at any time and without prior notice, with the Users being responsible for reading them each time they contract and/or use the services provided on the Website or the Application. In any case, before contracting any of the services provided, the User must accept the General Conditions that are in force at that time, and will always have access to them prior to the contracting..
15. WRITTEN NOTIFICATIONS
15.1. By accepting these General Conditions, the User accepts that most of the notifications sent by WALLBOX will be electronic. WALLBOX will contact the User via email or by posting notices via the Service. The Users consent to the use of these electronic means of communication and acknowledge that any notification, information and other communications that WALLBOX sends to them electronically comply with the legal requirements of being in writing.
16. JURISDICTION AND APPLICABLE LAW
16.1 These General Conditions shall be governed in accordance with the provisions of Spanish law, without prejudice to the legal regulations established for consumer and user protection that may be applicable.
16.2 In the event of disputes arising out of the provision of the Service, and without prejudice to the mandatory rules of submission established by the legislation for consumer and user protection that may be applicable, the parties expressly waive any other venue or jurisdiction they may be entitled to, and agree to submit themselves to the Courts and Tribunals of the city of Barcelona.
17. USER CARE SERVICE
17.1 If Users wish to contact customer service, they can do so by the following means:
Sending an email to [email protected].
Calling the phone number 00 34 930 18 16 68.
18. INSTALLATION PACK CONDITIONS
We offer you the installation service of your Wallbox charger anywhere in Spain by authorised professionals.
This standard installation includes:
Installation of a Wallbox charger for single-phase equipment (3.7 kW or 7.4 kW)
In a single-family home
10 meters of wiring
The labour needed for the Wallbox-certified installer to successfully complete the installation
Complying with current regulations (ITC-BT-52 which governs the installation of charging infrastructure for electric vehicles).
The installer will contact you to verify the type of installation before installing the Wallbox.
Your installation may not be standard and could require more work, in which case there may be additional costs. Contact us via [email protected] or call us at 00 34 93 018 16 68 so that we can help you. A non-standard installation may require the following:
Three-phase installation instead of single-phase.
More than 10 meters of cable between the charger and the meter/power outlet point.
Work on walls or from one floor to another.
Any carpentry, masonry or plumbing work.
If your installation requires more work than the standard installation, the installer will present you with a separate bill.