A company registered in INDIA under company number U31900GJ2021PTC125700 ,
101-Labh, Shukan Tower, Judges Bungalow, Bodakdev, Ahmedabad-380054, gujarat, India
EO2 (we, us, our) advertises for sale chargers and accessories for electric vehicles (Product or Products) on our website, www.eo2.in
The sales contract between you and us (Sales Contract) or your written order in response to our quotation shall set out the details of the Products purchased by you from us (Order). You are deemed to have accepted these Terms when the Contract is formed in accordance with clause 1.4 below.
Certain of the Products, including the Genius charger, have pre-installed software, such software has been provided or otherwise made available to you for use with the charger (Software). By purchasing a Product which includes Software you are also subscribing to a licence to use the Software.
Before you purchase any Product, use a charger or run the Software, carefully read these terms and conditions (Terms); by using the Products or running or otherwise using the Software you are agreeing to be bound by these Terms. You should save or print a copy of these Terms for future reference.
You can contact us by emailing firstname.lastname@example.org or on +91 (0) 7574809625. If we have to contact you we will do so by email or by telephone or by pre-paid post to the address you provide to us in your Order. When we refer, in these Terms, to “in writing”, this will include email.
These Terms, and any Contract between us, are only in the English language.
A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
You will be deemed to be a consumer if you are purchasing the Products in your personal capacity rather than on behalf of or in the course of business.
Unless a clause in these Terms specifies whether it applies to a consumer or to a business, it shall be deemed to apply to both consumers and to a business.
1.1 These Terms apply to the Contract to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by custom, practice or through course of dealing.
1.2 The Order constitutes an offer by you to purchase the Products in accordance with these Terms. You are responsible for ensuring that the terms of the Order are complete and accurate.
1.3 Images of the Products on our Website are for illustrative purposes only and your Product may vary slightly from those images. Any samples, drawings, descriptive matter or advertising produced by us are produced for the sole purpose of giving an approximate idea of the Products referred to in them. They shall not form part of the Contract nor have any contractual force.
1.4 We will either confirm our acceptance of your Order by email (Sales Order Acknowledgement), or inform you by email or by telephone as soon as possible if the Product you have ordered is not available. If the Product is not available we will not process your Order (if made) and will refund to you the full amount paid (if any) as soon as possible. The Contract between us will only be formed when we send you written acceptance of your Order (by email or otherwise) or we both sign a Sales Contract (Contract).
1.5 Any quotation for the Products given by us shall not constitute an offer. A quotation shall only be valid for a period of 30 calendar days from its date of issue.
1.6 If you are a consumer you may only purchase a Product from our Website if you are at least 18 years old.
1.7 If you are a business:
2.1 We amend these Terms from time to time. Every time you order Products from us, the Terms in force at the time of your Order will apply to the Contract between you and us.
2.2 If we have to revise these Terms as they apply to your Order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
2.3 We may change a Product:
2.4 With regards to the Software, we reserve the right to modify and upgrade the software / service that you access remotely from time to time.
This clause 3 only applies if you are a consumer
3.1 You have the right to cancel the Contract within 14 days without giving any reason.
3.2 The cancellation period starts from the moment you place an Order for Products and ends 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the Product(s). If the Products are split into several deliveries over different days you have 14 days from the last delivery to change your mind.
3.3 To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement e.g. a letter sent by post or email or by telephone. You may use the attached model cancellation form, but it is not obligatory. Our contact details are as follows:
EO2 Evse Private Limited, Ahmedabad, India +91 (0) 7574809625 and email@example.com
3.4 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
3.5 We are under a legal duty to supply Products that are in conformity with the Contract. The Product must be as described, fit for purpose and of satisfactory quality, if it is not and the 14 day cancellation period has expired you may have a statutory right to a refund, repair or replacement.
This clause 4.1 only applies if you are a business
4.1 Subject to clause 4.3, we warrant that on delivery, and for a period of 12 months from the date of delivery (Warranty Period), the Products shall:
In accordance with clause 12.5, the terms implied by to the fullest extent permitted by law,
excluded from the Contract.
This clause 4.2 only applies if you are a consumer
4.2 Subject to clause 4.3, we warrant that on delivery, and for a period of 12 months from the date of delivery (Warranty Period), the Products shall:
Clauses 4.3 to 4.7 apply if you are a business or if you are a consumer
4.3 Your EO2 electric vehicle charger has the benefit of our manufacturer’s guarantee, which covers the cost of breakdown repairs for one* year from the date of purchase (Standard Warranty). This gives you the reassurance that if, within that time, your charger is proven to be defective because of either workmanship or material defect we will, at our discretion, either repair or replace the charger at no cost to you.
4.4 The Standard Warranty also includes a further two years “return to base” cover. Enhanced warranties are available upon payment of the appropriate fee. Further details of our Standard Warranty and our enhanced warranties can be found at:
4.5 The warranties referred to in clauses 4.1 and 4.2 do not apply to any defect in the Products arising from:
4.6 Subject to clause 4.4, if:
4.7 You agree to provide us and all other persons duly authorised by us with access, including remote access, to your premises and the Products in order to perform the services under the Standard Warranty and any enhanced warranty.
This clause 5 only applies if you are a consumer
5.1 If you cancel the Contract under clause 3, we will reimburse to you all payments received from you in accordance with this clause 5.
5.2 We may make a deduction from the reimbursement for loss in value of any Products supplied, if the loss is the result of unnecessary handling by you.
5.3 We will make the reimbursement without undue delay, and not later than:
5.4 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
5.5 We may withhold the reimbursement until we have received the Products back or you have supplied evidence of having sent back the Products, whichever is the earliest.
5.6 You shall send back the Products or hand them over to us, without undue delay and in any event not later than 15 days from the day on which you communicate your cancellation from this Contract to us. The deadline is met if you send back the Products before the period of 15 days has expired.
5.7 You will have to bear the direct cost of returning the Products unless the Product is faulty or mis-described. You are only liable for any diminished value of the Products resulting from the handling other than which is necessary to establish the nature, characteristics and functioning of the Products.
6.1 Your Order will be fulfilled by the estimated delivery date set out in the Sales Order Acknowledgement / Sales Contract which will be within 30 days of the Sales Order Acknowledgement, unless we contact you and agree a revised estimated delivery date.
6.2 Delivery will be completed when we deliver the Products to the address you gave us at which point the Products will become your responsibility.
6.3 You will only become the owner of the Products once we have received payment in full.
Clauses 6.4 and 6.5 only apply if you are a business
6.4 Until you become the owner of the Products you shall:
6.5 Before you become the owner of the Products or subject to any of the events listed in clause 12.2, then, without limiting any other right or remedy we may have, we may at any time:
6.6 If we miss the 30 day delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:
6.7 If you do not wish to cancel your Order straight away, or do not have the right to do so under clause 6.6, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
6.8 If you do choose to cancel your Order for late delivery under clause 6.6 or clause 6.7, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.
7.1 The prices will be as set out in the Sales Order Acknowledgement or as set out in the Sales Contract. We take all reasonable care to ensure that the prices are correct, but changes will not affect any Order you have already placed.
7.2 If you are a business, the price of a Product excludes GST at the applicable current rate chargeable in the India for the time being.
7.3 If you are a consumer, the price of the Product includes GST at the applicable current rate chargeable in the India for the time being.
7.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you in the Sales Order Acknowledgement or in the Sales Contract, before you confirm your Order.
7.5 Prices are checked regularly. If we discover an error in the price of your Order we will contact you to inform you of this error and give you the option of continuing to purchase the Product at the correct price or cancelling your Order. If we are unable to contact you using the contact details you provided during the Order process, we will treat the Order as cancelled and notify you in writing. If the pricing error is obvious, unmistakable and could have reasonably been recognized by you as a mispricing, we do not have to provide the Product to you at the incorrect (lower) price.
8.1 You can only pay for Products using a bank transfer, Visa or Mastercard debit or credit card.
8.2 Payment for the Products and all applicable delivery charges is in advance unless agreed otherwise.
This clause 10 only applies if you are a consumer
10.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these
Terms or our negligence or our failing to use reasonable care and skill but we are not responsible for any loss or damage that is not foreseeable.
Loss or damage is foreseeable if it is either obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen,
for example, if you discussed it with us during the sales process.
10.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products or a Licence including the right to receive Products / a Licence which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act.
10.3 We only supply the Products to you, including the Software, for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.4 You acknowledge that the Software has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Software as described on our Website meet your requirements.
10.5 Subject to clause 10.2, our total liability to you in respect of all losses arising under or in connection with the Contract, including the Licence, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products purchased by you in the prior 12 months.
This clause 11 only applies if you are a business
11.1 You acknowledge that the Software has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Software as described on our Website meet your requirements.
11.2 Nothing in these Terms limits or excludes our liability for:
11.3 Subject to clause 11.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract, including the Licence, for:
11.4 The terms implied by the Sale of Goods Act are, to the fullest extent permitted by law, excluded from the Contract.
11.5 Subject to clause 11.2, our total liability to you in respect of all losses arising under or in connection with the Contract, including the Licence, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products purchased by you in the prior 12 months. Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products or Licence. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products or Licence are suitable for your purposes.
12.1 If you become subject to any of the events listed in clause 12.2, we may terminate the Contract with immediate effect by giving written notice to you.
12.2 For the purposes of clause 12.1, the relevant events are:
12.3 Without limiting our other rights or remedies, we may suspend provision of the Products and/or Licence under the Contract or any other contract between us if you become subject to any of the events listed in clause 12.2.1 to clause 12.2.12, or we reasonably believe that you are about to become subject to any of them, or if you fail to pay any amount due under this Contract on the due date for payment.
12.4 On termination of the Contract for any reason you shall immediately pay to us all of our outstanding unpaid invoices and interest.
12.5 Termination of the Contract, however arising, shall not affect any of the parties’ rights, remedies, obligations and liabilities that have accrued as at termination.
12.6 Clauses which expressly or by implication survive termination of the Contract shall continue in full force and effect.
13.1 We licence the use of the Software to you on the basis of the licence in this clause 13 (“Licence”). We do not sell the Software to you and we remain the owners of the Software at all times.
13.2 In consideration of your payment of the licence fee as detailed in your Sales Order Acknowledgement / Sales Contract, we grant to you a non-exclusive, non-transferable licence to use the Software in the United Kingdom on the terms of this Licence.
13.4 Intellectual property rights
13.5 Limited warranty
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an act or event beyond our reasonable control.
14.2 If an event beyond our reasonable control takes place that affects the performance of our obligations under the Contract:
15.1 Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or email.
15.2 A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 10.00 am on the second working day after posting or if sent by email, one working day after transmission.
15.3 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
15.4 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
16.1 We may transfer our rights and obligations under the Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
16.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
16.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
16.4 Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
16.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
16.6 If you are a consumer, please note that these Terms are governed by Indian law. This means a Contract for the purchase of Products any dispute or claim arising out of or in connection with it will be governed by Indian law. You and we both agree to that the courts of Ahmedabad will have non-exclusive jurisdiction.
16.7 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation
(including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Ahmedabad, Gujarat, India.