BLINK APP TERMS & CONDITIONS OF SALE

Date of Last Revision: 02 August 2024

1. These terms may have changed since you last reviewed them

From time to time, we change these terms.  Therefore, please always review them carefully to ensure that you are familiar with our current terms.

2. Where to find information about us and our services

You can find everything you need to know about us (Blink Charging UK Limited) and our services generally on our website at https://blinkcharging.co.uk/ and in the app before you order.  

The specific charging service that you request that we provide will be confirmed at check-out.  This includes:

• the location of selected electric vehicle charge point (the Charger) and the associated parking space (the Parking Space) and other details about the Charger (e.g. providing a fast charge at 7kW);

• the cost per kWh for the Charger and the estimated cost to charge your vehicle for the duration of time that you have indicated.  (The actual cost will depend on the total electricity used by you, as described below in section 9).

We also confirm by email the key information to you after you order.

3. Our services

When you buy from us you are agreeing that:

• you must be a consumer (see section 4)

• our Mobile App Ts & Cs of Use also apply (see section 5)

• we only accept orders when we've checked them (see section 6)

• sometimes we reject orders (see section 7)

• we put a ‘hold’ on your card when you when you order (see section 8)

• when and what we charge you (see section 9)

• we charge interest on late payments (see section 10)

• our delays (see section 11)

• you have a legal right to change your mind (see section 12)

• you have rights if there is something wrong (see section 13)

• what you must do (see section 14)

• what you must not do (see section 15)

• we can end our contract with you (see section 16)

• we don’t compensate you for all losses caused by us or our services (see section 17)

• we use your personal data as set out in our privacy policy (see section 18)

• you have several options for resolving disputes with us (see section 19)

• other important terms apply to our contract (see section 20)

4. You must be a consumer

These terms are only for adult UK consumers only.  (We deal with businesses on different terms and conditions.)  If you agree to these terms, you legally promise (warrant) that:

• you are aged 18 or over;

• you are a consumer (i.e. an individual acting for purposes that are wholly/mainly outside of your trade, business, craft or profession);

•  your habitual residence is in the UK.

5. Our Mobile App Ts & Cs of Use also apply

The Mobile App Ts & Cs of Use [MR1] and these terms form two separate contracts between us and you.  However, these terms will apply instead of the Mobile App Ts & Cs of Use where there are differences between the two.

6. We only accept orders when we’ve checked them

We contact you (normally within five minutes) to confirm that we’ve accepted your order.  At that point, a contract will be formed between us and you on these terms.

7. Sometimes we reject orders

Sometimes we reject orders.  This may be, for example, because:

• there has been an issue with the hold that we placed (or attempted to place) on your debit/credit card;

• you are not (or we have reason to believe that you are not):

  • aged 18 or over;

  • a consumer.

• you have (or we have reason to believe that you have) breached a previous/another contract between us; or

• the services were accidentally mispriced by us.

When this happens, as soon as possible, we will let you know and remove the hold from your credit/debit card (see section 8). 

8. We put a ‘hold’ on your card when you when you order

When you place your order, we put a ‘hold’ on your credit/debit card for the estimated cost of the services. This means that we have reserved the estimated cost of the services on your card but not yet actually charged your card.

9. When and what we charge you

We will charge you for the actual electricity used.  This is calculated based on the cost (provided to you when you placed your order) of electricity per kWh for the Charger and the amount of electricity with which you charged your vehicle using the Charger.

We will email you to confirm the final cost once you stop charging your vehicle or your vehicle has been fully charged.

10. We charge interest on late payments

If we’re unable to collect any payment you owe us, we charge interest on the overdue amount at the rate of 2% a year above the Bank of England base rate from time to time.  This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount (whether before or after judgment).  You pay us the interest together with any overdue amount.

11. Our delays

If our supply of your services is delayed, please contact our customer service team (see ‘our complaints policy’ in section 19) inform us and/or should you wish to end the contract.  If you end the contract, we will remove the hold from your debit/credit card and will not charge you.

This does not affect any other rights that you may have, including your right to change your mind (see section 12).

12. You have a legal right to change your mind

You have a legal right to change your mind about your purchase and (where applicable) receive a refund of what you paid for it.  This is subject to some conditions, as set out below.

When you can’t change your mind.  You can’t change your mind about an order for services once the provision of those services has been completed.

The deadline for changing your mind.  If you change your mind about your order, you must let us know no later than 14 days after the day that we confirm that we have accepted your order.

How to let us know.  To let us know you want to change your mind:

• contact our customer service team (see ‘our complaints policy’ in section 19); or

• complete a copy of the Model Cancellation Form attached [MR2] and post it to us at 45 Grosvenor Road, 1st Floor, St. Albans, AL1 3AW.

You have to pay for services you received before you change your mind.  For any services that you received before you told us that you’d changed your mind:

• if we have taken payment, we don’t refund you;

• if we have not taken payment, we charge you.

When and how we refund you.  For any services not delivered and for which we have taken payment, we refund you as soon as possible and within 14 days of you telling us you’ve changed your mind.

13. You have rights if there is something wrong

If you think there is something wrong with our services, please contact our customer service team (see ‘our complaints policy’ in section 19). We honour our legal duty to provide you with services that:

• are as described to you on our website and this app; and

• meet all the requirements imposed by law.  

Remember too that you have several options for resolving disputes with us (see section 19).

14. What you must do

In addition to other obligations in these terms, you legally promise (warrant) that:

• with respect to the vehicle that you will charge using the Charger, you and it are insured to the minimum extent required by law;

• you will:

  • behave reasonably at all times when:

    • plugging into, unplugging from, and using the Charger; and

    • entering, leaving and using the Parking Space;

      This includes (but is not limited to):

    • appropriately replacing and securing all plugs and cables.  This may include, after use of the Charger, locking the plug in place and/or coiling the cable so as to ensure that it does not present a trip hazard;

    • not causing a nuisance or behaving in an inconvenient or annoying manner (e.g. playing music loudly in your vehicle, littering the Parking Space);

    • where applicable, removing your own charging cable after using the Charger;

  • take all reasonable steps to check whether:

    • any parking charges are applicable for your use of the Parking Space and, if so, pay those parking charges;

    • there are any rules and policies relating to the Charger and/or the Parking Space (e.g. visible in/around the Parking Space) and, if so, comply with those rules and policies;

  • take all reasonable precautions for your own safety and those of others when:

    • plugging into, unplugging from, and using the Charger; and

    • entering, leaving and using the Parking Space;

      This includes (but is not limited to):

    • not using any Charger or charging cable that is damaged or has been tampered with; and

    • ensuring that the charging cable does not create a trip hazard;

  • leave the Parking Space promptly (and, in any event, within 10 minutes) after you have stopped charging your vehicle or your car has become fully charged;

• you will comply with:

  • all of the terms of our Mobile App Ts & Cs of Use [MR3] that apply to consumers; 

  • any rules and policies of third party owners and/or operators of the Charger and/or the Parking Space of which you become aware (or would have become aware, if you had acted reasonably).  These may, for example (without limitation), be:

    • provided to you by us; and/or

    • posted on signs at/near the Parking Space;

    • provided to you by the operator of a parking payment app;

  • all reasonable requests and instructions that we may provide to you at any time in relation to the Charger, the Parking Space and your use of them.

15. What you must not do

In addition to other obligations in these terms, you legally promise (warrant) that you will not:

·             use any parking spaces associated with our Chargers without promptly (and, in any event, within 5 minutes of parking in any of our parking spaces) placing an order to charge your vehicle;

• allow anyone else to:

  • charge their vehicle using the Charger; or

  • park in the Parking Space,

  unless you have transferred this contract to them first (see section 20);

• ·             damage the Charger or any vehicles near to the Charger or injure any person while:

  • plugging into, unplugging from, and using the Charger; or

  • when entering, leaving or using the Parking Space.

  If you do so:

  • you legally promise (warrant) that you will immediately inform us using the details/options:

    • by email at: Support.uk@blinkcharging.com; or 

    • by phone: 03301110076.

  • or someone alleges that you have done so, we may – in accordance with our privacy policy – provide your details to the relevant third parties (e.g. the police);

• leave your vehicle in the Parking Space beyond the duration of time for which you reserved the Charger and the Parking Space.

16. We can end our contract with you

We can end our contract with you and claim any compensation due to us if:

• the hold on your debit/credit card is removed prior to you using the Charger and/or the Parking Space;

• we’re unable to take any payment that you owe us and you still don’t make payment within 14 days of our reminding you that payment is due;

• we become aware that you are not:

  • aged 18 or over;

  • a consumer.

17. We don’t compensate you for all losses caused by us or our services

We’re responsible for losses you suffer caused by us breaking this contract unless the loss is:

• unexpected.  It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in law, the loss was unforeseeable);

• avoidable.  Something you could have avoided by taking reasonable action.  For example, damage to your vehicle which was caused by use of the Charger but which you could have avoided by following our instructions for use of the Charger;

• a business loss.  In other words, it relates to your use of the Charger and/or the Parking Space for the purposes of your (or someone else’s) trade, business, craft or profession.

Where you choose to use your own charging cable, we will not be responsible for any:

• damage to that charging cable unless the damage was caused by us (e.g. was caused by a defective Charger);

• any loss or theft of that charging cable where you leave it behind, except where:

  • the cable becomes trapped in a Charger due to a defect of the Charger (i.e. not due to a defect of the cable or improper use); and

  • you have contacted us to obtain our assistance in untrapping the cable and:

    • you have taken all reasonable steps that we have directed to attempt to untrap the cable; and

    • a reasonable period has passed since first contacting us and the cable remains trapped.

18. We use your personal data as set out in our privacy policy

How we use any personal data you give us (or we otherwise collect about you) is set out in our privacy policy.

19. You have several options for resolving disputes with us

Our complaints policy.  Our customer service team will do their best to resolve any problems you have with us or our services, in accordance with our complaints policy.  You may contact them by:

• post at:  45 Grosvenor Road, 1^st Floor, St. Albans, AL1 3AW;

• email at: support.uk@blinkcharging.com

• phone on: 0330 111 0076.

You can go to court.  These terms are governed by English law.  Wherever you live, you can bring claims against us in the English courts and – if you live in Wales, Scotland or Northern Ireland – you can also bring claims against us in the courts of the country you live in.  We can claim against you in the courts of the country you live in.

20. Other important terms apply to our contract

We can transfer our contract with you, so that a different organisation is responsible for supplying your services.  We’ll contact you to let you know if we plan to do this.  If you’re unhappy with the transfer, you can contact our customer service team (see ‘our complaints policy’ in section 19) to end the contract within 28 days of us telling you about it and we will remove the hold from your debit/credit card and will not charge you.

Contracting Party and Payment Collection. By using this application for charging services, you acknowledge and  agree that you are entering into a contract for the supply of charging services with Blink Charging UK Limited, a company incorporated under the laws of England and Wales. Blink Charging UK Limited has appointed Blink Network BV, a company incorporated under the laws of the Netherlands, as its agent for processing and collecting on its behalf all payments for charging services provided in the UK. Consequently, any receipts or invoices you receive will be issued by Blink Network BV, a legal entity within the Blink group. In the future, this contracting entity may change to another legal entity within the Blink group of companies (the “Blink Group”).

The collection of payments for the charging services will be handled by Blink Network BV, a legal entity within the Blink Group. Blink Network BV is responsible for processing and collecting all payments made through this application on behalf of Blink Charging UK Limited. In the future, the payment collection entity may change to another legal entity within the Blink Group.

By accepting these terms, you consent to the aforementioned contracting and payment collection arrangements, including any future changes to the specific entities involved, provided they remain within the Blink Group.

You can only transfer your contract with us to someone else if we agree to this.  We may not agree if:

• that person is not (or we cannot verify that they are) over the age of 18, located in the UK and a consumer;

• we reasonably believe that that person may not pay us any amounts owed to us or which may become due to us.

We can require the new owner to prove that you transferred the contract to them.

Nobody else has any rights under this contract.  This contract is between you and us.  Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

If a court invalidates some of this contract, the rest of it will still apply.  If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

Even if we delay in enforcing this contract, we can still enforce it later.  We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.V