General conditions for the purchase, installation and connection of a charging station (the "General Conditions" as of 2023, January 1st)

diego Luxembourg S.A. (hereinafter referred to as "diego Luxembourg") sells charging stations to consumers in the Grand Duchy of Luxembourg under these General Terms and Conditions for the purchase, installation and connection of a charging station. Additional deliveries and services are only provided on the basis of a written amendment to the Contract.

1. Terminology

1.1. The "Property" is the building described in the Offer and in which the Charging station is to be installed.

1.2. The "Customer" is one or more natural persons who enter into a diego Luxembourg contract for the purchase, installation and connection of a charging station for their personal use.

1.3. "Force Majeure" means any event occurring after the Contract has been entered into, beyond the control of the party affected, which could not reasonably have been foreseen when the Contract was entered into and the effects of which cannot be avoided by implementing the appropriate measures, which temporarily or definitively prevents the performance of all or part of the obligations deriving from this Contract.

1.4. The "Charging station" designates the charging station, including any equipment and accessories as described in the Offer.

1.5. The "Contract Price" is the fixed price specified in the Offer for all the services to be provided by diego Luxembourg under the Contract. 

2. Purpose of the Contract

2.1. These General Conditions apply to the Contract and related documents, by which diego Luxembourg undertakes to sell the Charging station, to install it and to put it into service by connecting it to the network.

2.2. In return, the Customer undertakes to pay the Contract Price in accordance with the payment terms agreed in point 7 of these General Terms and Conditions.

2.3. diego Luxembourg reserves the right to engage a subcontractor of its choice to perform some or all of the work or services that diego Luxembourg has undertaken to provide under the Contract. The Customer accepts that diego Luxembourg may engage subcontractors. This does not entail any contractual relationship between the Customer and the subcontractor.

2.4. If the contracting parties are unable to fulfil their obligations due to Force Majeure or other circumstances with direct effects on the subject matter of the Contract which they do not have the power to prevent or which cannot be prevented by reasonable technical and/or economic measures, the obligations for the performance of the Contract shall be suspended until the circumstances and their consequences are lifted. The contracting parties will immediately inform each other of these circumstances and their likely duration. The contracting parties will make every reasonable effort to fulfil their obligations as quickly as possible .

3. Preparation of the Offer

3.1. On the basis of the information, plans and photos of the Property provided via the website, by e-mail or by telephone, diego Luxembourg will send an offer (hereinafter referred to as the "Offer") to the Customer. The Offer is only valid for the period of validity indicated.

3.2. The preparation of the Offer is subject to a favourable response from the network operator concerning the installation of a charging station at the Customer's address and limited by the maximum power authorised.

3.3. Depending on the complexity of the planned project, diego will first draw up an initial estimate, which will be reflected in the sales proposal. On the basis of this estimate diego Luxembourg will, prior to any work and at the Customer's request, carry out a technical site visit to verify the information used to produce the sales proposal. Following the technical visit, diego Luxembourg will send the Offer to the Customer, which takes into account any modifications to the general configuration of the project, revealed to be necessary during the technical visit. The Offer is only valid for the period of validity indicated.

3.4. If the charging station is to be installed as part of a multi-residential building, the following special conditions will apply:

3.4.1. the Offer is valid subject to the availability of a location for the installation of the connection and protection devices in the Customer's main switchboard and/or the condominium's main switchboard;

3.4.2. the Offer is only valid if the condominium (copropriété) has given its prior written consent for a direct connection to the Customer's individual electrical meter or, where applicable, for a connection to a shared meter;

3.4.3. the Offer does not include any fire detection system.

3.5. Once the Customer has duly signed and returned the Contract to diego Luxembourg, his commitment to purchase the charging station will become definitive.

3.6. diego Luxembourg reserves all intellectual property rights to the technical documents attached to the Offer.

4. Installation and commissioning of the Charging station

4.1. The charging station will be installed and commissioned in accordance with the parameters agreed in the Offer. All additional work and supplies not included in the Offer are excluded. If, after submission of the Offer or during installation work, the Customer wishes to make changes, these changes are first subjected to a feasibility analysis by diego Luxembourg. If diego Luxembourg accepts these changes, they can be carried out. Additional costs may be incurred for these changes; the Contract Price will be adjusted and invoiced accordingly.

4.2. The installation of the Charging station presupposes compliance with the legal provisions in force and a positive result of the analysis by the local network operator of compatibility with the network, taking into account all the individual requirements of the network operator. The request for analysis by the relevant network operator is made by diego Luxembourg, at the Customer's expense, and is included in the Contract Price.

4.3. The date of delivery and installation of the Charging station is agreed between diego Luxembourg and the Customer. As a general rule, delivery and installation take place within three (3) weeks of the conclusion of the Contract. Minor deviations, which will be discussed with the Customer, are possible depending on the instructions of the network operator. diego reserves the right to modify the installation schedule of the Charging station, provided that the Customer is notified at least 48 hours before the planned date of intervention. If, without legitimate reason, the Customer is not present on the agreed date or if the work cannot be carried out for a reason attributable to the Customer, diego Luxembourg is entitled to invoice the Customer for travel costs.

4.4. The Customer undertakes to carry out all necessary work before the agreed delivery and installation date. Compliance with the applicable building legislation requirements, and in particular conformity of the electrical installation, is also a prerequisite. The corresponding inspection is the Customer's responsibility and does not form part of this Contract.

4.5. diego Luxembourg will take the necessary steps with the relevant network operator in order to connect the Charging station to the network for commissioning. The relevant network operator will carry out all necessary checks, which the Customer will attend and provide any useful support. Once the Charging station has been connected, and after diego Luxembourg has checked that the Charging station is working in the presence of the Customer, the Customer will sign the acceptance of the work. If the Customer is unable to be present, he shall endeavour to return the signed works acceptance form within two (2) weeks.

4.6. Notwithstanding Article 1583 of the Civil Code, all equipment sold and installed remains the property of diego Luxembourg until the Customer has paid the Contract Price in full. During the period of retention of title in favour of diego Luxembourg, the Customer nevertheless bears the entire risk of loss and damage, even if caused by accident or Force Majeure. Until the Customer has paid the Contract Price in full, he/she may not freely dispose of the Charging station, sell or pledge it, or reduce its value in any other way. If the Customer fails to pay the Contract Price within the period specified in point 7 of these General Terms and Conditions, diego Luxembourg reserves the right to cancel the Contract and dismantle the Charging station. The costs of dismantling will be borne by the Customer.

4.7. If the owner of the Charging station changes, all documentation relating to the Charging station (including invoices and product warranty certificates) must be passed on to the new owner.

5. Adaptations, supply arrangements and connection charges

5.1. The technical documents provided with the Offer, such as images, dimensions or plans, are only binding on condition that no changes specific to the construction of the Property have been made in the meantime or after the on-site technical visit and that the legal provisions applicable in this regard have not changed until the installation and commissioning of the Charging station has been completed. If this is not the case, diego Luxembourg must make reasonable changes to the technical documents and reserves the right to do so and to adapt the composition and placement of the Charging station to the new conditions. Minor deviations in usage are possible and permitted.

5.2. The Customer will be informed in advance of any additional costs that may be incurred as a result of modifications that are essential for the proper completion of the Charging station and will be asked for its agreement. If the Customer refuses to give his/her agreement or if he/she does not give his agreement after formal notice respecting a period of ten (10) calendar days, diego Luxembourg has the right to cancel the Contract and to invoice the Customer for the costs already incurred.

5.3. In the event that, between the date of signature of the Contract and the installation of the Charging station, an increase in the price of the material or a problem with the supply of the material proposed in the Offer occurs, diego Luxembourg will inform the Customer. The Customer accepts that these circumstances may result in a reasonable increase in the Contract Price of the Offer, which may not exceed 10%. Should the final Contract Price exceed this ceiling, the Customer has the right to terminate the Contract within eight (8) calendar days.

5.4. diego Luxembourg reserves the right to offer equipment of equivalent quality and subject to equivalent guarantees to that presented in the Offer. Within these limits, the Customer expressly accepts that the equipment supplied may, in particular as a result of difficulties linked to supply chains, differ from the equipment designated in the Offer.

5.5. The costs for the electrical installation, included in the Contract Price, are only valid subject to final confirmation by the network operator of the envisaged connection concept and may, where applicable, be subject to variation. The Contract Price will be adjusted in line with any adjustments imposed by the network operator.

5.6. The network operator's connection charges are not included in the Contract Price and must be paid directly to the network operator.

6. Legal guarantee

6.1. In accordance with Article L. 212-5(1) of the Consumer Code, a legal warranty of two (2) years applies to the Charging station. Within the framework of this legal guarantee, diego Luxembourg guarantees that, at the time of delivery, the materials comply with the recognised technological norms and that they do not have any defect which could nullify or reduce their value or their suitability for normal use. 

6.2. If, against all expectations, this is not the case, the Customer must always give diego Luxembourg the possibility of providing a replacement, or performing additional or adjustment work within a reasonable period. 

6.3. diego Luxembourg guarantees the Customer for a period of two (2) years from the completion of the installation work that the installation carried out complies with the recognised technological norms for this type of service and is free from defects. This installation guarantee is only transferred to a new owner of the Charging station if diego Luxembourg is informed in writing of the change of owner and the details of the new owner within two (2) months of the transfer of ownership. If the Customer entrusts work or repairs on the Charging station to a third party not approved by diego Luxembourg, this will result in the immediate cancellation of the installation guarantee.

6.4. All claims are excluded in the event of minor deviations from the agreed characteristics of the Charging station, minor disruptions to the functionality of the Charging station, natural wear and tear or deterioration and damage caused by incorrect or negligent use after the transfer of risk, poorly executed work by a third party, unsuitable terrain or external influences not taken into account in the Offer. If non-conforming repair work or modifications are carried out by the Customer or by third parties, the consequences of such work or modifications shall not give rise to any claims.

6.5. Within the framework of the legal guarantee, the interventions carried out by diego aiming at providing a replacement, or performing additional or adjustment work according to this article are covered by diego. Nevertheless, if the Customer's request for intervention concerns a problem that originates in an element that is not the responsibility of diego, the costs of the intervention will be borne by the Customer. For these interventions, travel costs are 30 EUR (excl. VAT) within a radius of 30km from diego's registered office, and 50 EUR (excl. VAT) for the entire territory of Luxembourg. The applicable hourly rates are 65 EUR (excl. VAT) per hour for each electrician. If a project manager is required, the hourly rate is 100 EUR (excl. VAT) per hour. These hourly rates are subject to indexation in line with the national consumer price index published by STATEC.

7. Invoicing and payment terms

7.1. The Contract Price is invoiced to the Customer once the Charging station has been connected and must be paid within thirty (30) calendar days of receipt by the Customer.

7.2. If the Charging station is installed in a multi-residential building, the Contract Price is invoiced to the Customer as follows: 

7.2.1. The first invoice for 60% of the Contract Price will be sent to the Customer after receipt of the duly signed Contract and must be paid within thirty (30) calendar days of receipt by the Customer.

7.2.2. The second invoice for 40% of the Contract Price will be issued after confirmation of commissioning and must be paid within thirty (30) calendar days of receipt by the Customer.

7.3. Invoices must be paid by bank transfer. Compliance with the deadline is assessed on the basis of the date of receipt and availability of the amount in the account indicated on the diego Luxembourg invoice.

7.4. In the event of late payment by the Customer of all or part of the amount due, diego Luxembourg is entitled to charge the Customer default interest at the legal rate in force without prior reminder in accordance with Article 12 of the amended law of 18 April 2004 on payment deadlines and default interest.

7.5. In addition to late payment interest, collection costs of forty euros (40 €) may be charged to the Customer.

7.6. Any complaint relating to invoices must be substantiated and notified by registered mail to diego Luxembourg no later than ten (10) calendar days after receipt of the invoice concerned.

7.7. The Customer may only withhold payments if he/she has submitted a written claim, and this withholding may not exceed 10% of the Contract Price.

8. Right of withdrawal

8.1. In accordance with article L. 221-3 of the Consumer Code and provided that the Contract has been concluded in the form of a "distance contract" or "off-premises contract" and that the Customer is considered to be a "consumer", the Customer has a right of withdrawal within a period of fourteen (14) calendar days from the date of receipt of the Charging station. During this period, the Customer may cancel the Contract without giving any reason. To exercise his/her right of withdrawal, the Customer must send diego Luxembourg a written and unambiguous declaration by post or e-mail no later than the last day before the expiry of the withdrawal period, the day of dispatch being decisive. 

8.2. The declaration of withdrawal may, but need not, be worded as follows:
diego Luxembourg S.A.
9, rue Robert Stumper
L-2557 Luxembourg
E-Mail: welcome@mydiego.lu

I/we (*) hereby declare (*) that I/we (*) withdraw from the contract with diego Luxembourg for the purchase and installation of a charging station, concluded on [...], it being specified that I/we (*) took delivery of the Charging station on [...].

(*) Inapplicable text to be deleted.

Customer name
Customer address
Signature
Date

8.3. The right of withdrawal does not apply to the purchase of products which (i) have been made to the Customer's specifications and are of a personal nature or which (ii) by their nature, have been irrevocably mixed with other products after delivery. During the 14-day withdrawal period, the Customer must take the greatest possible care of the Charging station.

8.4. In the event of exercise of the right of withdrawal, diego Luxembourg will, at no additional cost to the Customer, reimburse the payments received from the Customer within fourteen days of receipt of the Customer's decision to withdraw from the Contract, using the same means of payment as that used for the initial transaction unless expressly agreed otherwise with the Customer. However, the costs of services already performed and any damage incurred between the time of installation and the return of the charging station will be deducted in accordance with the terms set out below.

8.5. If the right of withdrawal is exercised, the Customer is obliged, at his/her own expense and risk, to dismantle and return the charging station to the third-party professional designated by diego Luxembourg upon receipt of the declaration of withdrawal. 

8.6. By requesting in writing that the installation work begin before the end of the withdrawal period, the Customer undertakes to compensate diego Luxembourg for the installation work and to bear all costs relating to this work, if he/she exercises his/her right of withdrawal after the installation work has begun. Assembly and installation costs are assessed at 60% of the Contract Price.

8.7. If, on receipt of the Charging station returned by the Customer to diego Luxembourg, diego Luxembourg finds that the Charging station is damaged, the Customer will be invoiced for the respective costs. 

9. Liability

9.1. diego Luxembourg's liability for non-compliance with contractual obligations is limited to damage caused by gross negligence or wilful misconduct as well as by the gross negligence or wilful misconduct of its representatives or agents, unless it involves injury to life, physical injury, or injury to health. 

9.2. Liability is limited to foreseeable and customary damages. diego Luxembourg declines all liability for indirect damages suffered by the Customer. Indirect damages include, but are not limited to, loss of profit and/or other loss of income.

9.3. The Customer warrants to diego Luxembourg that he/she has the necessary rights and authorisations to install and, where applicable, operate the Charging station in the Property, and more generally that the Contract will be performed in compliance with any other contractual commitments made by the Customer to third parties, diego Luxembourg assuming no liability in this respect. In the event that the Customer is not the owner of the Property in which the Charging station is installed, it is the Customer's responsibility in particular to:

9.3.1. ensure that the owner has agreed to the installation and operation of the Charging station in the Property, including any maintenance and repair work that may be carried out;

9.3.2. ensure that the owner authorises all access necessary for the installation and operation of the Charging station, for the benefit of the Customer, diego Luxembourg and any subcontractor or third party intervening at diego Luxembourg's request;

9.3.3. ensure that the owner has agreed to diego Luxembourg taking the necessary steps to connect the Charging station to the network;

9.3.4. agree with the owner of the Charging station what will happen to the Charging station when the Customer's right of use of the Property expires, in particular with regard to the rules of property ownership, it being recalled that in accordance with the General Terms and Conditions, the Charging station, including all installed equipment, remains the property of diego Luxembourg until full payment of the Contract Price by the Customer. If the Customer is not the owner of the Property, the Customer shall indemnify and hold harmless diego Luxembourg from any damage resulting from the acquisition of ownership by the owner of the Property.

9.4. In the event that the Charging station is installed in a multi-residential building, diego Luxembourg accepts no responsibility for the position of the core holes, which must be approved by the property manager (Syndic) before the Charging station is installed. Furthermore, diego Luxembourg accepts no responsibility for the fire detection system. The installation of the devices required in this regard is the responsibility of the Customer or the property manager. Nevertheless, if required by applicable regulations, diego Luxembourg will propose the installation of emergency stop buttons. 

10. Data processing

10.1. The Customer acknowledges that diego Luxembourg as well as its representatives, employees and subcontractors (in particular companies that perform auxiliary services for the execution of the Contract such as installers, maintenance companies, accountants or financial service providers) process and use for the purposes of the Contract the personal data collected in the context of the conclusion and execution of the Contract. diego Luxembourg's privacy policy can be found at https://mydiego.lu/en/vie-privee.

10.2. This data is processed and used in compliance with the legal provisions relating to the protection of individuals when processing personal data. At the written request of the Customer, diego Luxembourg allows the Customer to consult the data to be processed and provides information relating to such data. The Customer has a right of access to his/her personal data and has a right to rectify his/her data in accordance with legal provisions.

11. Advertising

diego Luxembourg reserves the right to use references and images of the work carried out in its advertising, including on its social networks, provided that no reference is made to the Customer's personal data and that the Customer does not appear in any photo taken by diego Luxembourg. The Customer must inform diego Luxembourg, at the time of the order, if he/she does not wish images relating to his/her Charging station to be used.

12. Assignment of the Contract

diego Luxembourg may assign the Contract to a third party, in particular to an affiliated company, provided that the assignment does not adversely affect the Customer's rights. diego Luxembourg shall inform the Customer of the assignment.

13. Derogations

Agreements derogating from the content of the Contract must be made in writing and signed by the contracting parties.

14. Safeguard clause

Should one or more provisions of the General Terms and Conditions or of the Contract be declared unlawful or unenforceable, this shall not affect the validity of the remaining provisions. diego Luxembourg undertakes to replace the unlawful or unenforceable provision with a lawful and enforceable clause

15. Language and applicable law  

In the event of divergence, the French version shall prevail and be the reference for any questions of interpretation.

The Contract as well as the General Conditions are subject to Luxembourg law.