GENERAL TERMS AND CONDITIONS
The following General Terms and Conditions of AVILOO GmbH, Brown-Boveri-Straße 16, 2351 Wiener Neudorf, (hereinafter referred to as "AVILOO") apply to the purchase of an AVILOO battery test as well as to the participation as a "test driver".
AVILOO specializes in testing lithium batteries in electric vehicles and has developed an independent test procedure for this purpose. The AVILOO battery test provides information about the current condition and quality of the battery of an electric vehicle. To do this, it is necessary to connect the electric or plug-in hybrid vehicle to the AVILOO Box and perform a test drive. After the test drive is completed, the vehicle data read from the vehicle electronics and GPS position data from the AVILOO Box are evaluated and an AVILOO Battery Certificate of health (State of Health) is issued.
In addition to the paid AVILOO Battery Test, users of electric and plug-in hybrid vehicles also have the opportunity to contribute to the further development of the AVILOO test procedure as a test driver and to complete test drives - without obtaining an AVILOO Battery Certificate. The goal of these test drives is to expand AVILOO's pool of comparative data against which the AVILOO battery test is conducted. While participating as a test driver, a test driver can use AVILOO's web portal to access general information about the vehicle equipped with the AVILOO box, as well as information about the trips made. However, the test driver does not obtain any conclusion about the condition of the vehicle battery from this information.
The offers of AVILOO are directed both to entrepreneurs iSd § 1 UGB and to consumers iSd § 1 KSchG.
Contradictory GTC apply only if AVILOO has expressly submitted to them in writing.
AVILOO reserves the right to modify these GTC at any time and without giving reasons. The test drivers will be notified of the changes via e-mail, stating a corresponding deadline after which the changes will take effect. If the Test Driver uses the AVILOO Box after the expiry of the deadline, he thereby agrees to the amended GTC. This legal consequence will be pointed out to the test driver at the beginning of the period within the above-mentioned sending.
2. Test driver and test drive
To become a test driver of AVILOO, interested parties can register for free on the website www.aviloo.com, providing the necessary data. This registration is made with the acceptance of these terms and conditions. AVILOO reserves the right to refuse interested parties without giving reasons. Only with the confirmation of AVILOO and the dispatch of the AVILOO box, an interested party becomes a test driver.
AVILOO provides the test driver with the AVILOO Box free of charge. If the test driver connects the AVILOO Box to his electric or plug-in hybrid vehicle via the analysis plug, its data is read out as well as GPS data of the GPS module of the AVILOO Box is recorded and transmitted to AVILOO via SIM card. The test driver provides the data to AVILOO free of charge.
The AVILOO box only records the data and transmits it to AVILOO when the vehicle is in operation or the AVILOO Box is plugged in and powered. The test driver can stop recording the data at any time by disconnecting the connection between his electric vehicle and the AVILOO Box. In particular, the AVILOO Box records the vehicle identification number, the voltage, temperature, and state of charge of the battery, as well as GPS data. The test driver can furthermore prevent the transmission of GPS data by informally notifying AVILOO by email, no later than 3 hours after the completion of the order, that no recording of GPS data may take place.
A test drive begins as soon as the test driver starts the electric vehicle connected to the AVILOO Box or the AVILOO Box is supplied with power. The respective test drive ends as soon as the vehicle is not in operation or the power supply to AVILOO-Box is interrupted.
AVILOO and the test driver have the right to terminate the participation as test driver at any time. Participation as a test driver ends in any case when either AVILOO notifies the test driver or the test driver permanently disconnects the AVILOO box from the vehicle, but at the latest when the test driver returns the AVILOO box to AVILOO.
The test driver can access various battery and vehicle data via the AVILOO website free of charge during participation as a test driver. The condition of the battery is not apparent in the process.
If a test driver orders a paid AVILOO Battery Test, the issuing of the AVILOO Battery Certificate does not automatically end the test drive.
3. AVILOO Box
AVILOO will provide the AVILOO box free of charge for the duration of the test drive. This remains the property of AVILOO and must be returned to AVILOO immediately after the end of the test drive, at the latest, however, within four weeks. Any costs incurred for the return of the test drive must be borne by the test driver. There are no costs for the purchaser of the AVILOO battery test if the return label enclosed with the shipment is used.
The test driver is required to notify AVILOO immediately of any damage or defects to the AVILOO box. If the test driver damages the AVILOO Box, he shall reimburse AVILOO for the cost of the AVILOO Box in the amount of the material and production costs. These are currently as of February 2021 €150 including tax and duties.
If the AVILOO Box is not returned to AVILOO in due time, AVILOO is entitled to charge a fee for the AVILOO Box corresponding to the material and production costs in the amount of up to €450. This also applies in the event that the AVILOO Box is returned damaged.
4. AVILOO Battery Test
An AVILOO Battery Test can be purchased for a fee for the vehicle models listed on AVILOO's website. The contents of AVILOO on www.aviloo.com are not binding offers under civil law for the conclusion of a contract - the offer for the conclusion of the corresponding contract is made by the customer with the conclusion of his order. AVILOO accepts this offer by sending an order confirmation to the Customer.
Interested parties can purchase such AVILOO Battery Tests either via AVILOO's web store or directly from AVILOO, whereby this is done under agreement with these GTC. A contract concerning the AVILOO Battery Test is concluded when ordering via email only with the confirmation by AVILOO, whereby AVILOO reserves the right to refuse interested parties without giving reasons.
AVILOO reserves the right to withdraw from the contract for battery tests concluded in the web store, giving reasons, if unforeseen technical problems occur with individual vehicle models. In this case, after returning the AVILOO Box, the customer will be refunded the full purchase amount to the payment method chosen via payment service provider Unzer (credit card or instant bank transfer KLARNA) within 14 days from receipt of the AVILOO Box.
The cost of the AVILOO Battery Test is based on the price information in the AVILOO webshop on aviloo.com.
For the AVILOO Battery Test, it is necessary to perform a test drive with the vehicle whose battery is to be tested with the AVILOO Box connected. During the test drive, a discharge of the fully charged high-voltage battery to a state of charge of 10% must take place.
At the end of the test drive, AVILOO evaluates the data and assesses the health of the battery. The customer receives an AVILOO Battery Certificate, which AVILOO transmits within 48 hours on working days. This certificate uses AVILOO ratings to outline the condition of the vehicle's battery.
5. Payment methods
When ordering from AVILOO's web store, the customer can pay by credit card or by instant bank transfer.
For other orders (e.g. direct contact with AVILOO), the customer may pay by invoice, which AVILOO will send to the customer.
6. Terms of delivery
Shipment will be made following order and payment from the web store within 5 working days Free Shipping.
Delivery may take between 3 and up to 5 business days from shipping, depending on the parcel service provider.
After the customer completes the discharge trip, the battery health analysis will be performed within 1 business day and within another business day the AVILOO Battery Certificate will be sent.
In any case, the purchaser shall accept minor delays in delivery without being entitled to any compensation or right of withdrawal.
There are no additional costs for the delivery and return of the AVILOO Box, these are settled with the purchase of the AVILOO Battery Test.
After the battery test has been performed and completed, the AVILOO Box must be delivered within 10 business days to the parcel service provider listed by AVILOO and visible on the return label for return shipment.
7. Right of withdrawal
Buyers who are consumers within the meaning of the Austrian Consumer Protection Act may withdraw from a contract concluded at a distance (or a contractual declaration made at a distance) within a period of 14 calendar days - unless a statutory exception applies. This also applies to contracts for battery tests concluded via AVILOO's webshop.
The withdrawal period is fourteen calendar days. The withdrawal period begins on the day the contract is concluded - that is, on the day AVILOO sends the order confirmation to the customer.
In order to withdraw from the purchase contract, the customer must declare his withdrawal (e.g. by means of a letter sent by post or an e-mail). This declaration is not bound to any particular form. However, in order for AVILOO to be able to process the declaration of withdrawal, the customer must provide the following information in his declaration of withdrawal: Customer's name, vehicle model, vehicle identification number, order date.
It is sufficient if the notice of withdrawal is sent within the deadline without giving any reason. Saturdays, Sundays and holidays count towards the calculation of the deadline.
AVILOO will refund the fee by means of the deposited means of payment. If the customer has already received the AVILOO Box or if it is in transit to the customer, AVILOO will not initiate the refund until the AVILOO Box has been returned to AVILOO.
If the customer has already received the AVILOO Box at the time of submitting the declaration of withdrawal, the customer must return the AVILOO Box to AVILOO within 14 days of submitting its declaration of withdrawal. For this purpose, the customer may use the return label provided by AVILOO. The customer will not be charged for the shipping and return costs incurred for the AVILOO Box if the AVILOO Box is returned within 14 days from the date of withdrawal (date of postmark or parcel service acceptance as reference date). If the AVILOO Box is received by AVILOO later, AVILOO reserves the right to claim back the shipping costs from the customer.
If the Customer has not yet received the AVILOO Box at the time of submitting the notice of withdrawal, but the shipment has already been initiated, the customer is also obliged to return the AVILOO Box to AVILOO immediately upon receipt in accordance with 6.6.
In the event that the customer declares its withdrawal, but the battery test has already started and the test drive has begun, AVILOO reserves the right to claim compensation from the customer for the expenses already incurred. In this regard, AVILOO draws the customer's attention to the fact that a large part of the expenses of a battery test are incurred at the time of its initiation. This may result in AVILOO's claim for reimbursement of expenses just mentioned amounting to EUR 80.
Insofar as AVILOO is liable for damage in accordance with the statutory provisions, liability for damage to property is limited to intent and gross negligence. Any further liability of AVILOO, in particular for slight negligence, atypical damage, loss of profit, damage due to defects, indirect and consequential damage, damage to third parties, etc. is excluded.
AVILOO is not liable for damage to the vehicle connected to the AVILOO Box, provided that it has caused such damage through slight negligence.
In the battery certificate issued after a battery test, AVILOO indicates the condition of the battery with a fluctuation range indicated in each case. AVILOO is not liable to the purchasers of a battery test for the fact that the actual condition of the battery deviates from the indicated value within the indicated fluctuation range. In the event that the certificate result deviates from the actual battery condition by more than the stated variation range, AVILOO shall only be liable to the purchaser of a battery test if such deviation is due to AVILOO's gross negligence or willful misconduct.
AVILOO shall not be liable to the test driver or any third party for any damage caused by accidents caused by carelessness during the test drive, such as averting one's gaze from the road and handling in the mobile AVILOO testapp. The AVILOO Testapp may only be operated while the vehicle is stationary and after it has been safely parked. Using the testapp after the start of the journey is not necessary for the successful execution of the battery test anyway, the end of the test is automatically detected based on the transmitted data and confirmed to the customer via email or SMS.
9. Choice of law, place of performance, place of jurisdiction
Austrian law shall apply, excluding the reference norms of the UN Sales Convention. In the case of consumers, this choice of law shall apply only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence (favorability principle).
The place of performance as well as the place of jurisdiction is the registered office of AVILOO, insofar as mandatory provisions of the Consumer Protection Act do not conflict with this.
10. Final provisions
The invalidity of individual provisions shall not affect the validity of the remaining provisions of these GTC. The invalid clause shall be replaced by a valid clause which, according to its meaning and purpose, comes closest to the former in economic and legal terms or - in the case of consumers - is provided for by law. This also applies mutatis mutandis in the event of a gap in the provisions.