Terms of service
1. Service Provider
1.1 The service provider of Stella’s charging services and appurtenant application and software (”App”) is:
Stella - part of Viggo HQ
CVR-nummer 40308350
Nelson Mandelas Allé 12
DK-2450 København SV
(”Stella”, ”we”, ”us” etc.)
W: https://stellaenergy.io
E: contact@stellaenergy.io
2. Scope
2.1 These general terms and conditions (the ”Terms”) apply to all use of Stella's electrical charging stations, charging services and appurtenant app (collectively referred to as the ”Charging services”).
2.2 Upon downloading Stella’s App the customer is asked to review and accept the Terms. By accepting the Terms or using the Charging services, the customer accepts that the Terms apply to the customer’s purchase of the Charging services.
2.3 The Terms apply to both private and corporate customers’ use of the Charging services as the Terms, whose contents indicate that they are specifically directed at private customers (consumers) only apply to private customers, including e.g. section 8.8 about automatic debiting of charge cards and section 15.2 about avenues of complaint for private customers.
3. Support services
3.1 Stella customer support service is available by email support@stellaenergy.io.
4. Conditions for the use of Stella App
4.1 Stella App and appurtenant intangible rights are Stella’s property.
4.2 By downloading Stella app, the customer only obtains a non-exclusive, non-assignable right to use Stella App and appurtenant software.
4.3 The customer must comply with the at all times applicable conditions of use, including the Terms, which the customer receives when the App is downloaded as well as any subsequent instructions or conditions issued by Stella. The at all times applicable Terms are available on Stella’s website: https://stellaenergy.io/terms-of-service.
4.4 Stella App is downloaded from App Store or Google Play.
4.5 Stella App is only usable for charging at the charging stations which are part of Stella’s charging network as well as the charging stations that are accessible on Stella App via Monta’s roaming network.
4.6 Payment for each transaction is registered to the customer and the use of Stella App is at all times considered an acceptance by the customer of the charge and of the completion of an agreement between the customer and Stella to purchase charges.
4.7 If the customer becomes aware of unauthorised use of Stella App in the customer’s name, the customer must immediately contact Stella’s customer service by sending an email to support@stellaenergy.io, and block the Stella App account to avoid abuse. Stella may demand that the customer confirms this blocking in writing and in case of theft, Stella Energy may also demand that the customer reports the incident.
4.8 According to the Payment Act regarding unauthorised transactions with payment instruments, the customer may also object to a payment or withdrawal from the customer’s payment card that the customer believes to be unauthorised. The customer may contact Stella’s customer service via the contact information mentioned above or contact the customer’s payment card provider.
4.9 However, in case of unauthorised transactions resulting from the customer’s breach of the obligations resting upon the customer under the Terms, such as gross negligence, the customer is liable for the whole amount up to a maximum of DKK 10,000. The customer is never liable for any losses that occur after blocking the Stella app, cf. section 4.7 above.
4.10 Apart from what follows from section 4.8 above and unless anything else follows from statutory legislation, Stella cannot be held liable for losses occurring from unauthorised transactions.
5. Equipment and use of Stella’s charging stations
5.1 Stella ensures that the charging stations within Stella’s network comply with applicable standards, legislation and regulations.
5.2 The charging capacity for the charging stations depends on several factors such as the technical condition and battery level of the electric vehicle as well as the charging station’s capacity where the lowest common denominator will decide what effect the electric vehicle can receive. Consequently, Stella cannot guarantee that it is possible to charge the customer’s electric vehicle within a minimum/maximum effect interval.
5.3 Instructions to use Stella’s charging stations are either found in the Stella app, on or next to the charging stations. Customers must at all times comply with the instructions for use of Stella’s charging stations that are available in the App or on or next to Stella’s charging stations. Stella accepts no liability for damages occurring from non-compliance with the instructions for use of Stella’s charging stations.
5.4 The charging stations may only be used to charge electric vehicles.
6. Availability
6.1 The Charging services are available to the customer 24/7, but in practice the charging possibilities may be limited, e.g. because some of the charging stations are not available at certain times of day due to specific and/or local limitations such as parking regulations.
6.2 Stella endeavours to ensure that the charging stations within Stella’s network are as functional as at all possible. If the charging station is affected by technical issues, Stella will endeavour to remedy the issue as soon as possible. If a charging station is non-operational for a longer period, this may be indicated in the overview on Stella App.
6.3 Stella reserves the right to amend or limit the access to or temporarily close down the Charging services or charging stations in order to carry out e.g. updates, maintenance and error corrections or due to force majeure issues outside Stella’s control without compensating the customer.
7. Prices
7.1 The at all times applicable price for charging from a charging station within Stella’s network appears from the overview for said charging location on Stella App and is described in detail to the customer before charging can commence.
7.2 General composition of the general cost of electricity
- 7.2.1 Generally, the customer’s electricity cost is comprised by 3 parts, (i) payment for electricity consumption, (ii) transport of electricity and (iii) payment for public obligations and fees.
- 7.2.2 Payment for electricity consumption:
- 7.2.2.1 Consumption is invoiced at Stella’s purchase price + a fee for letting Stella manage the electricity purchase. (These cost elements include the consumption cost per kWh, which is made up by the basic load, the profile cost (the customer’s actual consumption pattern) and Stella’s risk coverage.
- 7.2.3 Payment for transport of electricity:
- 7.2.3.1 Stella re-invoices on behalf of the electrical grid company all costs received, including but not limited to: electrical grid subscription, network tariffs and invoices to Energinet.dk for the supply of electrical grid and system performance etc.
- 7.2.4 Payment for public obligations and rates:
- 7.2.4.1 The customer pays the applicable rates for public obligations, electricity charges and VAT which Stella is obliged to charge the customer on behalf of the local government.
8. Purchase of and payment for the Charging services
8.1 Registration of a payment card is required for the payment for using the Charging services via Stella app. The customer is obliged to ensure that the card information provided is always updated and correct in order to ensure completion of a payment.
8.2 The customer is explicitly informed that the customer will be making a binding purchase of electricity if the customer uses Stella’s charging station to charge his electric vehicle.
8.3 Payment for the charging is then made via the payment card provided by the customer. The customer may subsequently change the payment card via the Stella app. The actual payment is carried out via the payment service provider Adyen.
8.4 Charges carried out via Stella App are invoiced upon charging to the payment card registered by the customer. The customer receives a receipt on Stella App and by email, from which the total charging consumption and total cost will appear.
8.5 The customer only pays for the electrical consumption charged via Stella’s charging station. However, the minimum price for a charge carried out using Stella App is DKK 6 incl. VAT.
8.6 In case voucher codes are used, the customer must enter said voucher code in the Stella App in order to charge at the price provided by the voucher code.
8.7 If charges are made on Stella’s charging stations via another platform than Stella app, Stella does not accept liability for any additional costs imposed by this platform or provider.
8.8 Specifically about automatic withdrawals from payment cards if you are a private customer:
- 8.8.1 If you are a private customer and register a payment card, you agree that Stella will automatically charge future invoices to that card, we will request your consent to settle future invoices from said payment card.
- 8.8.2 If you wish to withdraw your consent to automatic payments, you can do so at any time by removing the payment card from the app. However, if there are outstanding unpaid invoices, Stella may restrict the removal of the payment card until all invoices are settled.
- 8.8.3 As mentioned in section 4.8 the customer may also object to the customer’s payment card provider about ”unauthorised debits”. However, this must be carried out no later than 8 weeks after the debiting unless otherwise stipulated in the agreement with the payment card provider.
8.8 Specifically about automatic withdrawals from payment cards if you are a corporate customer:
- 8.9.1 If you are a corporate customer and add a payment card, you agree that Stella will automatically aggregate multiple charges into a single invoice and capture the total amount in a single payment to that card. Stella will automatically charge future invoices to that card, we will request your consent to settle future invoices from said payment card. Additionally, charges made by corporate members on behalf of the corporation will be aggregated and billed to that card.
- 8.9.2 If you wish to withdraw your consent to automatic payments, you can do so at any time by removing the payment card from the app. However, if there are outstanding unpaid invoices, Stella may restrict the removal of the payment card until all invoices are settled.
- 8.9.3 As mentioned in section 4.8 the customer may also object to the customer’s payment card provider about ”unauthorised debits”. However, this must be carried out no later than 8 weeks after the debiting unless otherwise stipulated in the agreement with the payment card provider.
9. Locality data and other processing of personal data
9.1 Collection of locality data is vital to the functionality of Stella app. If the locality function is not accepted, the customer cannot receive information about the location of Stella’s charging stations via the App. The locality information is stored and used only in the app.
9.2 Stella requests the customer’s consent to use locality data via the Stella app. The user may at any time switch off this access under settings for the Stella app. If the Stella App is deleted, all stored information is deleted with it.
9.3 Information regarding downloads and updates of Stella App is used to improve the App and for analyses and administration.
9.4 The user has a right to insight into the collected information as well as to verification, limitation and removal hereof. The user also has a right to object to the processing of his information. Please see Stella’s privacy policy, cf. the link below, for additional information about the customer’s rights relating to Stella’s processing of personal data.
9.5 Please see Stella’s privacy policy, which is available on the App as well as on Stella’s website here: https://www.stellaenergy.io/privacy-policy for more information about Stella’s processing of personal data.
10. Liability for faults and defects
10.1 Stella is liable for faults and defects in accordance with the general Danish law of damages with the modifications and exceptions that follow from the Terms. However, Stella does not accept liability for indirect losses, including loss of expected profits or turnover, losses relating to time spent or any other indirect loss.
10.2 Furthermore, under the statutory provisions on product liability Stella is liable for the charging stations made available by Stella. However, Stella is not liable for damages occurring as a result of non-compatibility between the customer’s electric vehicle and the charging station nor for the customer’s use of the Charging services or the charging station if the customer has acted contrary to the instructions and the technical requirements listed in the Terms or as otherwise explained to the customer by Stella.
10.3 Stella is not liable for indirect damages or consequential damages which may be ascribed to damages to the customer’s property and are the result of the customer’s use of Charging services or the charging station.
10.4 The customer is not entitled to damages if a charging station within Stella’s public network is closed or malfunctioning.
10.5 The customer is responsible for complying with the guidelines and requirements comprised by Stella’s instructions from time to time. This includes responsibility for ensuring that the electric vehicle used by the customer in connection with the Charging services fulfils all charging requirements.
10.6 The customer is also responsible for ensuring that Stella App is not used by unauthorised persons.
10.7 Stella reserves the right to block the customer’s access to charging via Stella App with immediate effect in case of abuse, if there is a risk of unsecured use of Stella app, suspicion of unauthorised use or a risk that the customer does not fulfil its obligations towards Stella, including, but not limited to, unpaid invoices.
10.8 Stella accepts no liability for any customer losses resulting from incorrect or inaccurate information provided by the customer in connection with the customer’s creation of a user profile with Stella or any other use of Stella app. The same applies to situations where Stella App is not operative, unless statutory legislation stipulates otherwise.
11. Force majeure
11.1 Stella is not liable for non-performance or delays to the Charging services if such non-performance or delay is caused by war, riots, civil unrest, general strikes or labour market unrest, fires, epidemics or pandemics, including the corona (COVID-19) pandemic, flooding or other natural disasters, currency restrictions, trade embargos, transport delays, stoppages or breakdowns or issuance of new legislation, guidelines, restrictions, orders or prohibitions issued by public authorities or any other reason outside Stella’s reasonable control and which prevents Stella from fulfilling its obligations or delivering the services agreed when the agreement was entered and the Terms accepted.
12. Assignment
12.1 The customer acknowledges that Stella may assign its rights and obligations under this agreement, either in part or in whole, to another group company or to another party who may reasonably be expected to fulfil the obligations under the agreement in a satisfactory manner.
12.2 The customer is not entitled to assign or in any way transfer or hand over its rights or obligations under the agreement between the customer and Stella to another party.
13. Commencement and termination
13.1 The agreement between the customer and Stella enters into force at the time of the customer’s download of Stella App and acceptance of the Terms or by using the Charging services, cf. section 2.1 - 2.2 of the Terms.
13.2 The customer may at all times terminate the agreement with Stella by deleting the user profile on Stella app.
13.3 If the customer deletes its user profile, the customer can no longer use Charging services unless the customer sets up a new user profile with Stella.
13.4 Stella is entitled to terminate the agreement with the customer effective immediately if the customer is in significant breach of the Terms or in any other way uses the Charging services or a charging station in a manner which is detrimental or is significantly inconvenient to Stella.
13.5 Furthermore, Stella is entitled to terminate the agreement effective immediately if the customer has provided wrong payment card information and does not correct this information upon written request in order to ensure completion of the payment.
14. Amendments to the terms
14.1 Stella is entitled to amend these terms and conditions upon 30 days prior notice to the customer via email or notification in the app, unless statutory legislation prescribes longer notification.
14.2 If Stella notifies the customer of amendments that are detrimental to the customer, the customer may always terminate the agreement with Stella by deleting the user profile, cf. section 13.1, upon which the notified changes will not become effective for the customer.
15. Customer complaints
15.1 Stella encourages all customers who wish to complain to write to Stella, Nelson Mandelas Allé 12, DK-2450 Copenhagen SV providing a reason for the complaint and a description of the issues of discontent. Stella will then review the complaint and make a decision regarding the further course of events on the basis hereof.
15.2 Avenues of complaint for private customers (consumers)
- 15.2.1 If you are a consumer and do not agree with Stella’s decision, you may complain to::
Energy Supplies Complaint Board
Carl Jacobsens Vej 35
2500 Valby
Phone +45 41 71 50 00
W: https://www.energianke.dk
E: mailpost@energianke.dk- 15.2.2 If you are a consumer resident in another EU country, you may complain via the EU Commission’s online portal - https://ec.europa.eu/odr
16. Governing law and dispute resolution
16.1 The Terms are subject to Danish law and must be interpreted in accordance herewith.
16.2 Any disputes arising between the customer and Stella shall be decided by the ordinary courts of law. Disputes must be brought before Stella’s legal venue unless otherwise stipulated by statutory legislation.
