Terms of Use
These terms set out the rules for using the website and for the provision of traction battery diagnostics, certification and valuation services by Voltified Energy.
01General provisions
The service provider is Voltified Energy sp. z o.o. with its registered office in Kielce, ul. Karola Olszewskiego 6, 25-663 Kielce, entered in the register of entrepreneurs of the National Court Register under number 0001247414 (District Court in Kielce, 10th Commercial Division of the National Court Register), NIP 9592094145, REGON 54499175900000, share capital PLN 20,000.00 (the “Service Provider”).
These Terms set out the rules for using the website and the conditions for the provision of services by electronic and other means, in accordance with Art. 8 of the Act of 18 July 2002 on the Provision of Electronic Services. Use of the website and placing an order constitute acceptance of the Terms.
02Definitions
- Service — diagnostics of a traction battery, certification of its condition and valuation of its residual value using the BHV indicator, as well as the supply of batteries, packs and cells.
- BHV (Battery Health Value) — a proprietary model for assessing the condition and residual value of a traction battery, owned by the Service Provider.
- Customer — a natural person, legal person or organisational unit using the Service Provider's services.
- Consumer — a Customer who is a consumer within the meaning of Art. 221 of the Polish Civil Code, as well as — to the extent indicated by law — an entrepreneur with consumer rights.
- Certificate — a document certifying the result of the diagnostics and valuation as at the date on which it was carried out.
03Technical requirements
Using the website requires a device with internet access, an up-to-date browser with JavaScript and cookie support, and an active e-mail account. The Service Provider is not liable for irregularities resulting from a failure to meet the above requirements on the Customer's side.
The Customer is prohibited from providing content of an unlawful nature.
04Types and scope of services
The Service Provider provides diagnostics of the traction batteries of electric and plug-in hybrid vehicles, issues battery condition certificates and residual value (BHV) valuations, makes available a fleet monitoring solution, and supplies new batteries, packs and cells. The detailed scope, timeframe and price are each time agreed in a separate order or contract.
05Conclusion of the contract
Information on the website does not constitute an offer within the meaning of the Polish Civil Code, but an invitation to conclude a contract. The contract is concluded when the Service Provider confirms acceptance of the order or upon signing a separate contract. Individually agreed terms take precedence over the Terms.
06Nature of the BHV valuation
The BHV indicator result and the residual value constitute an expert assessment prepared as at the date of the examination, based on the data read from the vehicle and the adopted methodology. The valuation is informational in nature and does not constitute a commercial offer, a guarantee of the sale price, an appraiser's valuation within the meaning of separate regulations, or an investment recommendation.
The calculator available on the website provides only an indicative estimate based on averaged data and does not replace a full diagnosis. The Service Provider is not liable for decisions taken solely on the basis of the indicative estimate, nor for any discrepancy between the estimate and the result of the full diagnostics.
07Prices and payments
Prices for the services are set individually and stated in the order or contract. Unless indicated otherwise, prices are gross and include VAT. The forms and deadlines for payment are set out in the order or invoice. The Service Provider may make the commencement of the work conditional on payment of an advance.
08Delivery of the service and timeframes
The service is delivered within the timeframe agreed with the Customer. The condition for delivery is making the vehicle available and providing true and complete information. Timeframes may change for reasons attributable to the Customer or as a result of circumstances beyond the Service Provider's control.
09Right to withdraw from the contract
A Consumer who has concluded a distance contract may withdraw from it without giving any reason within 14 days, in accordance with the Act of 30 May 2014 on Consumer Rights. The period is counted from the day the contract is concluded (for services) or from taking possession of the goods (for the delivery of goods).
The right of withdrawal does not apply, among other things, to contracts for the provision of services if the Service Provider has fully performed the service with the express consent of the Consumer, who was informed before performance began that they would lose the right of withdrawal, as well as to goods made to the Consumer's specification or clearly personalised. To exercise the right of withdrawal, a statement should be submitted to [email protected].
10Customer obligations
- making the vehicle available and providing true and complete information necessary to perform the service,
- holding legal title to the vehicle or the consent of its owner,
- using the website and services in accordance with the law, the Terms and good practice,
- refraining from providing unlawful content and from interfering with the operation of the website.
11Liability and its limitations
The Service Provider exercises due diligence in providing its services. The Service Provider's liability towards Customers who are not Consumers (B2B relationships) is limited — to the fullest extent permitted by law — to the amount of the net remuneration paid for the given service and does not cover lost profits, indirect or consequential damages; liability under statutory warranty is excluded in B2B relationships.
The Service Provider is not liable for the condition of the battery arising after the date of the examination, for the consequences of using the vehicle contrary to the manufacturer's recommendations, or for commercial decisions taken by the parties to a transaction on the basis of the certificate or valuation. The above limitations do not exclude or limit the rights of a Consumer arising from mandatory provisions of law, including liability for damage caused intentionally.
12Force majeure
The Service Provider is not liable for the non-performance or improper performance of its obligations to the extent that this results from force majeure — external, extraordinary events that could not be foreseen or prevented (including natural disasters, infrastructure failures, acts of authority, interruptions in the supply of power or communications).
13Battery supply and warranty
The batteries, packs and cells supplied are subject to the manufacturer's warranty terms and — towards Consumers — the provisions on the conformity of goods with the contract. The detailed warranty terms and technical parameters are set out in the product documentation or contract.
14Intellectual property
All rights to the website, the Voltified Energy brand, content, logos and the BHV algorithm, methodology and indicator belong to the Service Provider and are protected by law. It is prohibited to copy, reproduce, modify, decompile or use them for any purpose without the prior written consent of the Service Provider.
15Complaints
Complaints may be submitted to [email protected] or in writing to the registered office address. A complaint should include the Customer's details, a description of the objections and the certificate or order number. The Service Provider will consider the complaint within 14 days of receiving it and will inform the Customer of the outcome.
16Out-of-court dispute resolution
A Consumer may use out-of-court methods of handling complaints and pursuing claims, including before a provincial inspector of the Trade Inspection or a permanent consumer arbitration court. A Consumer may also use the EU online dispute resolution (ODR) platform available at ec.europa.eu/consumers/odr.
17Protection of personal data
The rules for processing personal data are set out in the Privacy Policy, and the rules for the use of cookies — in the Cookie Policy.
18Changes to the terms
The Service Provider may amend the Terms for important reasons (changes in regulations, the scope of services, technical or security considerations). It will give notice of any change on the website. Orders placed before a change are subject to the Terms in their previous wording.
19Final provisions
Matters not regulated herein are governed by Polish law, in particular the Polish Civil Code, the Act on Consumer Rights and the Act on the Provision of Electronic Services. Disputes with Customers who are not Consumers are settled by the court having jurisdiction over the Service Provider's registered office; for Consumers, the competent court is determined in accordance with the general rules. If any provision of the Terms proves invalid, the remaining provisions remain in force.