The following General Terms and Conditions apply to all services provided by Duferco Energia S.p.A. (hereinafter "Duferco") through the "D-MOBILITY" application and the site mobility.dufercoenergia.com . By flagging the "Login" button, the Customer declares to have carefully read and expressly accepted all the terms and conditions of use of the services listed below (hereinafter the "Services").
The D-MOBILITY application and / or the mobility.dufercoenergia.com website allow you to manage the following operations:
Duferco specifies that some of the services listed above may not be available at the time of acceptance of these General Conditions and that they may be activated at a later stage. Duferco Energia Mobility services are billed monthly or higher and a copy of the invoice will be sent to the Customer at the e-mail address provided. For some recharging stations, directly managed by Duferco and viewable via the website and / or App, it is possible to enable session recharge via SMS and payment of the fee for the recharge service via telephone credit.
Extra threshold and additional consideration
In case of use of a flat monthly subscription offer or similar offer that includes a periodic threshold, when the monthly usage threshold is exceeded, Duferco reserves the right to charge an amount indicated on a contractual basis for each increase in availability between 1 and 100 kWh to be consumed in the same month. In some public recharging infrastructures, expressly reported in the App and on the site, an Additional Fee (hereinafter the "Additional Fee") is applied, the amount of which is indicated in the detail sheet of the individual public recharging infrastructure concerned and it differs according to the type of socket selected. This amount excludes VAT.
Duferco may provide links to other sites or other Internet / Web resources. The Customer acknowledges this and also acknowledges that Duferco cannot be held responsible in any way for the operation of such sites or external resources, nor is it required to check their content and/or the material, including advertising, disclosed to them or the products / Services therein. offered, for any purchase of which the Customer assumes all responsibility.
Prohibition of resale or commercial use of the Services
The Customer's right to use the subscribed Services is personal and non-transferable. The Customer is prohibited from reselling or making any other commercial use of the Services without any written consent of Duferco.
Variations of the General Conditions for regulatory changes and unilateral variations of contractual clauses
These General Conditions prevail over any previous agreement or understanding between Duferco and the Customer. Duferco reserves the right to modify them if necessary for the correct execution of the Services, as well as to automatically implement any obligation imposed by law or by provisions of Public Authorities. Where necessary Duferco will inform the Customer of the consequent changes and their effects. Without prejudice to the previous provisions, Duferco has the right to unilaterally make any changes to the economic, regulatory or technical conditions of the contract (such as, by way of example but not limited to, changes in market conditions or in its commercial policies). The use of even just one Service by the Customer will constitute a confirmation of his willingness to adhere to the General Conditions and the related subsequent amendments.
Intellectual Property Rights
The Customer explicitly acknowledges that all intellectual property rights, which can be protected on the basis of the rules relating to copyright or other provisions (including, but not limited to, know-how, source code, software, hardware, applications, patents, industrial secrets, formulas, algorithms, models and databases relating to the Services coming from Duferco or made available to the Customer under the General Conditions), are and remain the property of Duferco, and cannot be copied, modified, sold and transferred to third parties.
Methods of provision of the recharging service and its interruptions
The recharging service can only take place with a standard cable with type 2 plug (generally called 'Mennekes' single-phase or three-phase) or type 3A (generally called 'Scame', single-phase) equipped with a pilot signal for charging in 3, or the car-side socket type Chademo and Combo 2 as required by the IEC 61851 standards for recharging in public places. The recharging service is provided continuously and can be temporarily interrupted or reduced in power by the respectively competent network operators for reasons of objective danger, for service reasons (such as, by way of example but not limited to, maintenance, repair of faults , expansion, improvement or technological advancement of the plants) and for reasons of safety and efficiency and optimization of the system. These interruptions, as well as interruptions or limitations of the supply due to accidental causes, force majeure or in any case not attributable to Duferco, will not entail any obligation of indemnity or compensation nor will they be able to constitute grounds for termination of the contract. In particular, Duferco is not liable for damages resulting from technical problems not attributable to it concerning the delivery of electricity such as, by way of example and not limited to, variations in the voltage or frequency of the waveform, interruptions in the continuity of the supply or electricity transmission and distribution service, micro-interruptions, voltage dips and, in general, anomalies deriving from the management of the connection of the Customer's systems to the electricity grid. The Customer also declares that his vehicle complies with the above standards and that the cable and socket on board the vehicle have been supplied and approved by the manufacturer of the electric vehicle or are in any case certified and suitable for charging the vehicle. Failure to comply with the intended methods of use and any attempt to misuse and/or tamper with the connection will result in the immediate disabling of the service. Duferco reserves the right to request compensation for any damage resulting from improper use of the infrastructure that does not comply with the specified methods. Duferco will only be liable for any direct damage caused to the Customer following the occurrence of a technical problem in the provision of the top-up service within the limit of € 100,000.00 (one hundred thousand / 00).
Indemnity and waranty
The Customer commits to using the Services exclusively for lawful purposes and permitted by the applicable legal provisions in force, in any case without infringing the rights of third parties and assuming all responsibility for the content of the messages / feedback sent. The Customer commits to indemnify and indemnify Duferco from any dispute or compensation for charges or damages that, directly or indirectly, may arise from it within the scope of this contract and which depend on the fact or behavior of the Customer. Consequently, the Customer commits to immediately notify Duferco of any unauthorized use by third parties of his User Id and / or Password or any other breach of security of which he becomes aware. The Customer acknowledges that the use of the Services takes place at their own risk. Duferco declines all responsibility in the event that the Services do not correspond to the requirements expected by the Customer or in the event that Services are interrupted or for any reason not attributable.
Suspension and/or interruption of the Services by Duferco
Duferco reserves the right to suspend or permanently interrupt the provision of the Services at any time, and without prior notice, in the event of violations of the law or breach of these General Conditions by the Customer.
If a clause or one of the provisions of these General Conditions is invalid, ineffective or inapplicable, it will not result in the invalidity, ineffectiveness or dissolution of the same, without prejudice to the application of art. 1419, paragraph 1, cod. civ ..
Applicable law and competent court
For anything not provided for in these General Conditions, the Services provided through the D-MOBILITY application and the mobility.dufercoenergia.com website are governed by Italian law and by the specific legislation of the sector. For any dispute that may arise between Duferco and the Customer regarding the use of the Services provided, recourse will be made to the consumer court for the individual, natural person, Customer and to the exclusive court of Genoa for the legal entity called Customer.
The Customer expressly declares to accept the content of the following clauses: (Extra threshold and additional consideration); (Variations of the General Conditions for regulatory changes and unilateral variations of contractual clauses); (Methods of provision of the recharging service and its interruptions); (Indemnity and warranty); (Suspension and / or interruption of the Services by Duferco); (Applicable law and competent court).