General Terms and Conditions

  1. Preamble

    1. Enertì SA (hereinafter “Enertì”) provides the customer (hereinafter the “user” or “users”) with charging stations for rechargeable electric or hybrid vehicles (hereinafter “vehicle” or “vehicles”). Enertì allows access to these charging stations to users who have taken out an emotì subscription.

    2. These General Terms and Conditions of Sale (hereinafter ”Terms and Conditions”) correspond to the emotì subscription and the vehicle charging service.
  2. General
    1. Enertì has installed, and will continue to install, charging stations throughout the Ticino and Mesolcina. Users may, by selecting one of the several payment options on their emotì account, plug their vehicle into Enertì’s charging stations.
    2. By accessing and making use of the charging service, users agree to be bound by these Terms and Conditions which establish a contractual relationship between Enertì and the user.
    3. Users shall be responsible in particular for using the charging stations in accordance with the law and with these Terms and Conditions and for the timely payment of the services obtained.
    4. The charging service may be used by individuals and companies subject to acceptance of these Terms and Conditions and supply of the information required for subscription.
    5. Under the terms of the charging service, users may charge their vehicle at a charging station or in a parking space equipped with a charging point. Users access and use the charging service by means of the access options offered by Enertì.
  3. Definitions
    1. Enertì: a joint stock company encompassing the nine largest power distribution companies operating in the Canton of Ticino.
    2. emotì charging station: charging station forming part of the emotì network; it may be used by emotì subscribers and by any other driver of an electric vehicle, providing the vehicle has an access system that is compatible with the emotì network.
    3. Vehicle: all rechargeable electric and hybrid vehicles authorised to park in the space associated with the charging station.
    4. Operator: the entity (public, business or private service) that manages a charging station network.
    5. emotì card: card associated with an emotì subscription. It enables use of the charging stations in the emotì network.
    6. App: the official Enertì application, which allows users to monitor and top up their account and activate the charging station during the charging process. Like the emotì card, it provides access to the charging stations in the emotì network.
    7. Badge: general term for a card, badge or other device equipped with an RFID chip compatible with emotì charging stations.
  4. emotì account
    1. In order to use the services offered by Enertì, users must either have opened an account on the www.emoti.swiss website or have an access system provided by a different operator that is compatible with the emotì network via roaming. The information supplied to emotì at the time of setting up the account shall be subject to the provisions of these Terms and Conditions.
    2. Users declare that all information and documents supplied at the time of subscription are accurate and undertake to notify Enertì immediately of any change to said information by updating their emotì account. The supply of incorrect or incomplete information may result in the automatic termination of the right to use the charging service.
    3. Users have access to a dedicated personal area on the emotì website through which they can consult their bills and consumption history (location, duration, cost of each charge).
    4. Users are responsible for the safekeeping of the login and passwords assigned to them. It is the responsibility of users to instigate all security precautions that this information may require. In the event of the loss or theft of a user’s login and/or password, or in the event that they become aware of the unauthorised use by a third party of their login and password, they should contact Enertì immediately.
  5. Badge and application
    1. Each badge is equipped with a chip and antenna and must be treated with basic precautions in order to function properly. Users have sole responsibility for the use of each badge issued and undertake to respect all of the instructions of use provided for their information, notably refraining from bending, folding or cutting it, protecting it from excessive heat and cold, electromagnetic exposure, high levels of humidity and any other factors clearly incompatible with the proper functioning of the badge.
    2. Failure to follow these instructions may result in a reduction in effective access to the service.
    3. Lost, stolen or damaged badge(s):
      1. In the event of the loss or theft of badge(s), users should immediately deactivate their badge via their account on the www.emoti.swiss website. Should this not be possible, users should get in contact with Enertì. Users may request the issue of replacement badges which will be delivered and billed under the conditions in accordance with the prices in force at that time.
      2. In the event of failure to take the above steps, Enertì does not accept any liability in the event of the misuse by a third party of a lost or stolen badge, the user remaining liable for the amounts accruing from any use of each badge they hold.
      3. In the event that a badge is defective, the user shall notify Enertì immediately and return the badge to Enertì at the address stated under Article 17. If the defect is not due to the actions of the user, the defective badge will be replaced free of charge. Enertì will then deactivate the badge with effect from the time it received notification of the loss, theft or defective state of the badge.
    4. Enertì may itself initiate the deactivation or, where applicable, replace the badge in the event of termination of the contract by Enertì or in cases of fraud or if the badge has been tampered with or infringed or if it becomes obsolete following changes made by Enertì to the charging service and/or to the charging stations. In all events, Enertì shall prove prior notification to the user and, where applicable, supply a new badge.
    5. As an alternative to the badge, users may download the free App to their smartphone. Several mobile devices may be linked to one emotì account.
    6. The provisions of points 5.1 to 5.4 apply to the App by analogy.
  6. Charging a vehicle
    1. Users undertake to use the services offered by Enertì in accordance with the rules in force. In the event of use in breach of the rules in force, Enertì accepts no liability in the case of damage.
    2. Charging stations are equipped with integrated charging leads with plugs that are suitable for connecting motor vehicles. Other vehicles, in particular ebikes, scooters, tricycles and quadricycles, will need to be equipped with a charging lead that is compatible with the charging station and suitable for connecting the vehicle.
    3. Use of the emotì charging service is subject to taking out an emotì subscription. Before a charging station may be used, it must be activated using the badge or via the App or via an access system provided by a different operator that is compatible with the emotì network via roaming
    4. Users undertake to use the charging socket or plug that is appropriate for the needs and technical characteristics of their vehicle
    5. Before charging a vehicle, users must swipe their badge over the reader on the charging station in order to unlock access to the socket and to allow the vehicle to be plugged in. Users should connect the charging lead first to the charging station (if applicable) and then to their vehicle.
    6. At the end of use, users must free up the charging station by swiping their badge on the reader and disconnecting the charging lead from their vehicle and then (if applicable) from the charging station socket.
    7. In the event that a user cannot correctly disconnect from the charging station, they must notify the operator on the telephone number given under Article 17.
    8. It is not possible to simultaneously charge several vehicles using the same subscription.
  7. Allocation of parking spaces for charging
    1. Charging station parking spaces intended specifically for charging vehicles can only be used for charging vehicles. Users shall therefore refrain from parking in these spaces when no vehicle is being charged.
  8. User safety
    1. Users are reminded of the importance of verifying that all accessories are in good working order before they use the charging stations.
    2. Users must remain vigilant to any warning light alerts on the charging station and/or on their vehicle.
    3. In the event a problem is detected, such as an anomaly or fault noted on the charging terminal, users shall take all necessary steps to ensure the safety of the vehicle and third parties, such as, in particular, unplugging their vehicle and calling the number given under Article 17.
  9. Price, billing and payment terms
    1. emotì subscription: emotì subscription prices and rates can be consulted on the www.emoti.swiss website.
    2. Charging prices: the price list is available on the www.emoti.swiss website or via the App. Parking costs may vary depending on the location. These rates apply solely to charging stations operated by Enertì as part of the emotì project: other rates may be imposed by other operators.
    3. Billing: payment is made automatically by credit card, or via a prepaid account, directly on the www.emoti.swiss website.
    4. Users may top up their account via the www.emoti.swiss website or the App.
    5. Except in the case of prepaid user accounts, charging is subject to a maximum limit of CHF 1,000 per month.
    6. Email notification of any debit made directly on the user’s credit card will be sent to the address recorded on the user’s account.
  10. Intellectual property
    1. For the term of the contract, the customer has a non-transferable and non-exclusive right to use the services and products. The content and scope of this right is set out in the contract documents. Enertì – or authorised third parties – reserve all intellectual property rights either existing or that may emerge in the performance of the contract regarding its services and its products.
  11. Limitation of use
    1. Enertì shall make every endeavour to ensure a high level of availability of its charging station network. It cannot however guarantee operation without interruption or interference to the network, nor determined charging times or capacity. Enertì reserves the right to carry out maintenance works at any time that may potentially interrupt the operation of its charging station network and its website.
    2. Enertì makes no warranty in respect of availability, quality, maintenance, operation or assistance. Enertì shall do its utmost to offer customers access to charging stations. To facilitate access to the charging stations, Enertì shall provide, on its website and via the App, a tool allowing users to view the location and availability of charging stations in real time.
    3. Enertì does not guarantee constant physical access to the charging stations, in particular when these charging stations are located in car parks that are closed at night.
  12. Enertì’s rights and responsibilities
    1. Enertì reserves the right to modify its rates, services and the Terms and Conditions at any time. Users will be notified of modifications by Enertì in an appropriate manner, generally via its website.
    2. Enertì is not liable for damage caused by minor negligence. It will, however, reimburse damages up to the value of the services supplied over the course of the previous contractual year, up to a maximum value of CHF 1,000.
    3. In so far as permitted by law, Enertì shall not in any event be held liable for any consequential losses, lost profits or lost data nor shall it be held liable for damages resulting from the use of its services in breach of legal and contractual provisions.
    4. Furthermore, Enertì does not accept liability in the event that the supply of its services is momentarily suspended, restricted in full or in part or rendered inaccessible by reason of force majeure. A case of force majeure is understood to mean natural phenomena of particular intensity (avalanches, floods etc.), armed conflict, strikes, unforeseen official restrictions, power outages, the spread of a virus etc.
    5. Enertì may not under any circumstances be held liable to the user for:
      1. Loss of or damage to the vehicle and its accessories or personal items and effects during the charging process. Enertì does not accept any liability for safeguarding nor will it under any circumstances be held liable for any damage or disappearance of the vehicle not caused by it, specifically in cases of acts of vandalism;
      2. Fraud or the abuse or misuse of a badge for uses other than its intended purpose by the user;
      3. Any malfunction of or temporary disruption to the charging service, one or more charging stations or the website, in the event that they are disrupted or rendered temporarily unavailable for technical and/or operational reasons.
  13. The user’s rights and responsibilities
    1. If Enertì increases its rates and, in so doing, users incur a higher overall price or if Enertì changes a service contracted by the user to the significant detriment of the latter, the user shall be entitled to request the early termination of the service in question up until the time and at the effective date of the modification, with the customer bearing no financial consequences therefrom. If the user does not take this action, within a maximum period of 30 days from the date on which the user was notified of the modification(s), the modification(s) shall be deemed accepted.
    2. Users use the charging stations, the emotì card and the App at their own risk (use in normal conditions).
    3. Users undertake to update the App as soon as updates become available. In the event that a user does not do so, the App may cease to function.
    4. The customer is responsible for the use of the charging stations, including by third parties, if their account is used by them. It is bound in particular to pay all sums billed following the use of charging stations. This also applies to products and services ordered or obtained using their account.
    5. Users undertake to use the charging service in accordance with these Terms and Conditions. In particular, users undertake to:
      1. Use the charging station in an appropriate manner, in line with its intended purpose and the technical characteristics of the vehicle concerned;
      2. b. Respect the instructions of the vehicle manufacturer as regards the maximum charging duration and capacity;
      3. Only plug rechargeable electric or hybrid vehicles that are lawfully placed on the market into the charging station;
      4. Notify Enertì of any breakdown or damage to the charging station by calling the number given under Article 17.
  14. Data protection
    1. Enertì collects and uses personal data within the context of its services in accordance with applicable law, in particular the Federal Act on Data Protection (FADP).
    2. Enertì takes steps to ensure the protection, integrity and confidentiality of the personal data from users that it collects, holds or processes. However, absolute protection against unlawful interception cannot be guaranteed. Enertì does not accept any liability for such events.
    3. The mandatory or optional nature of data collection is specified on the various forms. Any failure to provide mandatory information may be incompatible with becoming or remaining a user.
    4. Enertì only collects, records and processes such data as is necessary for the supply of its services, the payment of the services and the establishment and maintenance of its relationship with its clientele.
    5. This data will be used within the framework of performing and managing the contract and the charging service. Other personal data from the user, such as, in particular, data pertaining to the charging of the vehicle and modes of use of the charging service by the user, may also be collected (more specifically by the charging stations) and used anonymously by Enertì.
    6. If a Enertì service is supplied in collaboration with third parties, Enertì may transmit the data corresponding to the customer to said third parties, in so far as they are necessary for the supply of the services in question.
  15. Validity
    1. These Terms and Conditions are effective as of 1 October 2017 for an indefinite term.
    2. In the event that any clauses of these Terms and Conditions become null and void, the other clauses shall remain in full force. In this event, and if necessary, the null and void or obsolete clause shall be revised in order to preserve the meaning of the Terms and Conditions as a whole.
  16. Jurisdiction and applicable law
    1. These Terms and Conditions shall be subject to Swiss Law. Lugano is the place of jurisdiction for all proceedings. Mandatory places of jurisdiction remain reserved (see in particular Articles 32 and 35 of the Swiss Civil Procedure Code [CPC] on consumers).
    2. Any dispute arising from the interpretation or performance of these Terms and Conditions shall be brought before the courts of the place in which Enertì is headquartered.
  17. Correspondence and information
    1. The contact email address is info@emoti.swiss.
    2. There is a hotline, available 24 hours a day, 7 days a week, on +41 58 221 96 60 for all technical problems concerning the charging stations.
    3. Address: emotì, c/o Enertì SA, Via ai Ronchi 1, CH-6802 Rivera