GENERAL TERMS AND CONDITIONS
1. 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 and to participation as a "test driver".
AVILOO specializes in testing lithium batteries in electric vehicles and has developed independent test procedures for this purpose. The AVILOO PREMIUM battery test provides information about the current condition (the so-called State of Health) and the 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 discharge the vehicle from a state of charge of 100% to below 10%. Once this 10% state of charge is reached, the vehicle data read from the vehicle electronics and GPS position data from the AVILOO Box are evaluated and the AVILOO Battery State of Health Certificate is issued. The AVILOO FLASH battery test provides information about the condition of the battery of an electric vehicle. For this purpose, it is necessary that the electric or plug-in hybrid vehicle is connected to the AVILOO Box. During this connection, the vehicle data read out from the vehicle electronics from the AVILOO Box is evaluated and an AVILOO battery report on the condition is issued.
In addition to the paid AVILOO battery tests, 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 AVILOO battery tests are 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 receive any conclusion about the condition of the vehicle battery from this information.
AVILOO's offers are directed at both entrepreneurs as defined by § 1 of the Austrian Commercial Code (UGB) and consumers as defined by § 1 of the Austrian Consumer Protection Act (KSchG).
Conflicting GTCs only apply if AVILOO has expressly submitted to them in writing.
AVILOO reserves the right to change these GTCs at any time and without giving reasons. The Test Drivers will be informed of the changes by sending them an 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/she 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 framework of the above-mentioned sending.
2. Test driver and Test drive
To become a test driver of AVILOO, interested parties can register free of charge on the website www.aviloo.com by 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 can an interested party become 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 and GPS data from the GPS module of the AVILOO Box is recorded and transmitted to AVILOO via SIM card. The test driver provides AVILOO with the data 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 also prevent the transmission of the GPS data by informing AVILOO informally by email no later than 3 hours after completion of the order that no recording of the GPS data may take place.
A test drive begins as soon as the test driver starts up 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 the 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 of this 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.
During participation as a test driver, the test driver can call up various battery and vehicle data via the AVILOO website free of charge. The condition of the battery is not visible.
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 an AVILOO Battery Test. The AVILOO Box remains the property of AVILOO and must be returned to AVILOO no later than two working days after the end of the AVILOO battery test. Any costs of return must be borne by the test driver. No costs will be incurred by the purchaser of the AVILOO Battery Test if the return label enclosed with the shipment is used.
The Test Driver is obliged to inform AVILOO immediately of any damage or defects to the AVILOO Box. If the Test Driver damages the AVILOO Box, he/she shall reimburse AVILOO for the cost of the AVILOO Box in the amount of the material and production costs. As of February 2023, these are currently 550€.
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 550€. This also applies in the event that the AVILOO Box is returned damaged.
4. AVILOO Battery Test
An AVILOO PREMIUM battery test can be purchased for a fee for the vehicle models mentioned on the AVILOO website. The contents of AVILOO at 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 an AVILOO PREMIUM Battery Test via AVILOO's web store, whereby this is conducted under agreement with these General Terms and Conditions. A contract for the AVILOO PREMIUM Battery Test shall only be concluded upon confirmation by AVILOO in the event of an order via email, whereby AVILOO reserves the right to reject interested parties without stating 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 selected via the payment service provider (credit card or KLARNA instant bank transfer) within 14 days of receipt of the AVILOO box.
The costs of the AVILOO Battery Test are based on the price information in the AVILOO Webshop at Aviloo.com.
For the AVILOO PREMIUM battery test, it is necessary that the vehicle whose battery is to be tested is 100% fully charged and discharged to a state of charge of 10% within seven days. The AVILOO PRMIUM battery test must be started within 5 working days from the receipt of the AVILOO box.
After reaching the 10% state of charge, AVILOO will evaluate the data and assess the battery health. The customer receives an AVILOO battery certificate, which AVILOO transmits within 48 hours on working days. In this certificate the State of Health of the battery of the vehicle is stated.
If another diagnostic device is connected to the vehicle to be tested, then this must be unplugged by the customer before the start of the AVILOO battery test. AVILOO does not assume any liability for any damage caused by the fact that another diagnostic device is installed in the vehicle or plugged into the vehicle in addition to the AVILOO Box. AVILOO expressly points out that in such a case, malfunctions may occur in the vehicle. In this case, no guarantee is given for the perfect functionality of the AVILOO battery test.
5. Payment Arrangements
For orders placed in AVILOO's web store, the Customer may 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
The shipment will be made from the order and payment in the webshop within 5 working days free of charge.
The delivery can take between 3 and 5 working days depending on the parcel service provider conducting shipping.
After completion of the AVILOO PREMIUM test by the customer, the analysis of the battery health will be carried out within 1 working day and within another working day the AVILOO battery certificate will be sent.
In any case, the Purchaser accepts possible 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, as these are settled with the purchase of the AVILOO Battery Test.
After the battery test has been carried out and completed, the AVILOO Box must be handed over for return shipment within 5 working days to the parcel service provider indicated by AVILOO and visible on the return label.
7. Right of Withdrawal
Purchasers 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 starts on the day of the conclusion of the contract - i.e. 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, date of order.
It is sufficient if the notice of withdrawal is sent within the deadline without giving reasons. Saturdays, Sundays and public holidays count towards the calculation of the deadline.
AVILOO will refund the fee using 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 arrange for 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 notice of withdrawal, the Customer must return the AVILOO Box to AVILOO within 5 days of submitting its notice 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 5 days from the date of withdrawal (date of postmark or parcel service acceptance as reference date). If the AVILOO Box is received by AVILOO at a later date, AVILOO reserves the right to reclaim 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 shipping 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 has already started the battery test, 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 effort involved in a battery test is incurred when it is initiated. This may result in AVILOO's claim for reimbursement of expenses previously mentioned amounting to EUR 80.
Insofar as AVILOO is liable for damage in accordance with the statutory provisions, liability for material damage is limited to intent and gross negligence. Any further liability of AVILOO, in particular for slight negligence, atypical damage, loss of profit, damage caused by defects, indirect and consequential damage, damage caused by third parties, etc. is excluded.
AVILOO shall not be liable for damage to the vehicle connected to the AVILOO Box if it has caused such damage through slight negligence.
In the battery certificates issued after a PREMIUM battery test, AVILOO states the condition of the battery with a fluctuation range indicated in each case. AVILOO shall not be liable to the purchasers of a PREMIUM battery test for the fact that the actual condition of the battery deviates from the stated value within the stated fluctuation range. In the event that the certificate result deviates from the actual battery condition by more than the stated fluctuation range, AVILOO shall only be liable to the purchaser of a PREMIUM Battery Test if this deviation is due to gross negligence or intentional action on the part of AVILOO.
AVILOO shall not be liable to the test driver or any third parties for damage due to accidents caused by carelessness, such as averting one's gaze from the road and handling of the mobile AVILOO Testapp. The AVILOO Testapp may only be operated while the vehicle is stationary and after it has been safely parked. It is not necessary to use the testapp after the start of the journey for the successful completion of the battery test anyway, as the completion 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 applies, excluding the reference standards of the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law only applies insofar as this does not deprive the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence (favourable principle).
The place of fulfilment and jurisdiction is the registered office of AVILOO, insofar as there are no mandatory provisions of the Consumer Protection Act to the contrary.
10. Final Provisions
The invalidity of individual provisions does not affect the validity of the remaining provisions of these terms and conditions. The invalid clause is replaced by an effective clause which, in terms of 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.