General Terms and Conditions

Foundation:

 

  1. The following 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 for participation as a “test driver.”
  2. 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 in an electric vehicle. For this it is necessary that the electric or plug-in hybrid vehicle is connected to the AVILOO Box and a test drive is carried out. After completion of the test drive, the vehicle data read from the vehicle electronics and GPS position data from the AVILOO Box are evaluated and an AVILOO battery certificate is issued for the state of health of the battery.
  3. 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 and to complete test drives as test drivers – without receiving an AVILOO battery certificate. The aim of these test drives is to expand the pool of comparison data from AVILOO, on the basis of which the AVILOO battery test is carried out. While participating as a test driver, a test driver can use the AVILOO web portal to access general information about the vehicle equipped with the AVILOO Box as well as information about the journeys made. However, the test driver does not receive any conclusions about the condition of the vehicle battery from this information.
  4. AVILOO’s offers are aimed at both entrepreneurs within the meaning of Section 1 of the Austrian Commercial Code and consumers within the meaning of Section 1 of the Consumer Protection Act.
  5. Conflicting terms and conditions only apply if AVILOO has explicitly submitted to them in writing.
  6. AVILOO reserves the right to change these terms and conditions at any time and without providing reasons. The test drivers will be informed of the changes via email, which includes a corresponding deadline after which the changes will take effect. If the test driver uses the AVILOO Box after the deadline has expired, he / she thereby agrees to the changed terms and conditions. The test driver will be informed of this legal consequence at the beginning of the period in the context of the above-mentioned mailing.

 

Test Driver and Test Drive

  1. In order to become an AVILOO test driver, interested parties can register free of charge on the website aviloo.com by providing the necessary data. This registration takes place in agreement with these terms and conditions. AVILOO reserves the right to refuse interested parties without providing reasons. An interested party only becomes a test driver after confirmation from AVILOO and the shipment of the AVILOO Box.
  2. AVILOO provides the test driver with the AVILOO Box free of charge. If the test driver connects the AVILOO box to his or her electric or plug-in hybrid vehicle via the analysis plug, the vehicle’s data is read and GPS data from the GPS module of the AVILOO Box is recorded and transmitted to the AVILOO via SIM card. The test driver provides AVILOO with the data free of charge.
  3. 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 supplied with power. The test driver can stop recording the data at any time by disconnecting the connection between his or her electric vehicle and the AVILOO box. Specifically, the AVILOO Box records the vehicle identification number, the voltage, temperature, and battery level of the battery as well as GPS data. The test driver can also prevent the transmission of the GPS data by informing AVILOO by email no later than 3 hours after completing the order that the GPS data may not be recorded.
  4. A test drive begins as soon as the test driver puts the electric vehicle connected to the AVILOO box into operation 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.
  5. AVILOO and the test driver have the right to terminate participation as a test driver at any time. Participation as a test driver ends 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
  6. The test driver can access various battery and vehicle data on the AVILOO website free of charge while participating as a test driver. The condition of the battery is not visible.
  7. If a test driver orders and pays for an AVILOO Battery Test, the issue of the AVILOO battery certificate does not automatically end being a test driver.

 

AVILOO-Box

  1. AVILOO provides 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 four weeks following the test. The test driver must bear any costs for the return him- or herself. There are no costs for the purchaser of the AVILOO Battery Test if the return label enclosed with the shipment is used.
  2. 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 or she has to reimburse AVILOO for the costs of the AVILOO Box in the amount of the material and production costs. As of February 2021, the total cost is currently €150, including taxes and duties.
  3. If the AVILOO Box is not returned to AVILOO by the scheduled due date, AVILOO is entitled to charge a fee for the AVILOO Box of up to €450 in accordance with the material and production costs of the AVILOO Box. In addition, this applies in the event that the AVILOO Box is returned defective.

 

AVILOO Battery Test

  1. An AVILOO Battery Test can be purchased for the vehicle models listed on the AVILOO website. The content of AVILOO on
  2. Interested parties can purchase an AVILOO Battery Test either via the AVILOO webshop or directly from AVILOO, with the acceptance of these terms and conditions. A contract for the AVILOO Battery Test is provided via email only after confirmation by AVILOO, whereby AVILOO reserves the right to refuse interested parties without giving reasons.
  3. AVILOO reserves the right to withdraw from contracts in cases where the battery tests are finalized in the webshop, if unforeseen technical problems occur with individual vehicle models. In this case, after returning the AVILOO Box, the full purchase amount will be transferred back to the customer using the payment method selected by the payment service provide Unzer (credit card or instant transfer KLARNA) within 14 days of the AVILOO Box being received at AVILOO GmbH.
  4. The costs of the AVILOO Battery Test are based on the price information in the AVILOO webshop at aviloo.com
  5. For the AVILOO Battery Test it is necessary that the vehicle, whose battery is to be tested, is tested with a connected AVILOO Box. During the test drive, the fully charged high-voltage battery must be discharged to a charge level of 10%
  6. 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 delivers within 48 hours during working days. In this certificate, the condition of the vehicle’s battery is shown using the AVILOO rating.

 

Methods of Payment

  1. When ordering on the AVILOO webshop, the customer can pay by credit card or by direct transfer
  2. For other orders (e.g. direct contact with AVILOO), the customer can pay by invoice, which AVILOO will send to the customer.

 

Terms of Delivery

  1. Shipping is free of charge within 5 working days of the order and payment in the webshop.
  2. Depending on the shipping company, delivery can take between 3 and 5 business days after shipment.
  3. After the customer has completed the test drive and discharged their battery, the battery health analysis is carried out within 1 business day and the AVILOO battery certificate is transmitted within a further business day.
  4. In all cases, the buyer accepts minor delays in delivery times without being entitled to a claim for damages or a right of withdrawal.
  5. There are no additional costs for the delivery and return of the AVILOO Box; these are covered by the purchase of the AVILOO Battery Test
  6. After the battery test has been carried out and completed, the AVILOO Box must be returned within 10 business days to the delivery service provider listed by AVILOO and shown on the return label

Cancellation Right

  1. Buyers who are consumers within the meaning of the Austrian Consumer Protection Act can within a period of 14 calendar days – unless there is a statutory exception – withdraw from a contract concluded remotely (or a contract declaration made remotely). This also applies to the battery test contracts that were finalized via the AVILOO webshop.
  2. The withdrawal period is fourteen calendar days. The withdrawal period begins on the day the contract is finalized – i.e. on the day on which AVILOO sends the customer the order confirmation.
  3. In order to withdraw from the purchase contract, the customer must declare his withdrawal (e.g. by means of a letter sent by mail or an email). This declaration is not bound to any particular form. However, so that AVILOO can process the declaration of withdrawal, the customer must provide the following information in his or her declaration of withdrawal: name of the customer, vehicle model, vehicle identification number, and order date.
  4. It is sufficient if the declaration of withdrawal is sent within the fourteen-day period without providing reasons for withdrawal. Saturdays, Sundays, and public holidays are included in the calculation of the deadline.
  5. AVILOO will refund the purchase using the means of payment previously provided. If the customer has already received the AVILOO Box or it is on the way to the customer, AVILOO will only initiate the reimbursement when the AVILOO Box has been returned to AVILOO.
  6. 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 his declaration of withdrawal. The customer can use the return label enclosed by AVILOO for this. The shipping and return costs incurred for the AVILOO Box will not be charged to the customer if the AVILOO Box is returned within 14 calendar days of the cancellation (date of postmark or shipping service acceptance as reference date). If the AVILOO Box arrives at AVILOO later, AVILOO reserves the right to reclaim the shipping costs from the customer.
  7. If the customer has not yet received the AVILOO Box at the time of submitting the declaration of withdrawal, but the shipment has already been initiated, the customer is obliged to return the AVILOO Box to AVILOO immediately upon receipt in accordance with 6.6
  8. In the event that the customer declares his resignation from the contract, but the beginning of the battery test has already started, AVILOO reserves the right to demand reimbursement for the expenses already incurred from the customer. In this regard, AVILOO points out to the customer that a large part of the work involved in a battery test is incurred when it is initiated. This can lead to AVILOO claiming reimbursement for expenses amounting to EUR 80.

 

 

  1. If AVILOO is responsible for damage in accordance with the statutory provisions, liability in the event of property damage is limited to intent and gross negligence. Any further liability on the part of AVILOO, in particular for slight negligence, atypical damage, lost assets, damage due to defects, indirect and consequential damage, damage to third parties, etc. is excluded.
  2. AVILOO is not liable for damage to the vehicle that is connected to the AVILOO Box if the damage was caused by slight negligence.
  3. In the battery certificates, which are issued after a battery test, AVILOO indicates the condition of the battery with a specified margin of fluctuation. AVILOO is not liable to those purchasing a battery test when the actual condition of the battery deviates from the stated value within the stated fluctuation range. In the event that the certificate results deviate from the actual battery condition by more than the stated range of fluctuation, AVILOO is only liable to the purchaser of a battery test if this deviation is due to grossly negligent or willful action on the part of AVILOO.
  4. AVILOO is not liable to the test driver or any third party for damage caused by accidents caused by carelessness during the test drive, such as looking away from the road and handling the mobile AVILOO test app. The AVILOO test app may only be used when the vehicle is stationary and after it has been safely parked. In any case, it is not necessary to use the test app after the journey has started for the battery test to be carried out successfully; the end of the test is automatically detected on the basis of the data transmitted and confirmed to the customer via email or SMS.

 

Choice of law, place of fulfillment, jurisdiction:

  1. Austrian law applies to the exclusion of reference norms of the UN Sales Convention. For consumers, this choice of law only applies insofar as this does not remove the protection granted by mandatory provisions of the law of the state in which the consumer is habitually a resident (“favorability principle”).
  2. The place of fulfillment and place of jurisdiction is the registered office of AVILOO, provided that this does not conflict with the mandatory provisions of the Consumer Protection Act

 

Final Provisions

  1. The ineffectiveness of individual provisions does not affect the validity of the remaining provisions of these terms and conditions. The ineffective clause is replaced by an effective clause that comes closest to the former in terms of its meaning and purpose, economically and legally, or – in the case of consumers – is provided by law. This also applies accordingly in the event of a loophole in the provisions.