General Terms and Conditions of Delivery and Service

Our following terms and conditions of delivery and service (hereinafter referred to as the "Conditions") apply to all contracts concluded between Centhree Advanced Mobility GmbH (hereinafter referred to as "Centhree", "we" or "us") and the customer, insofar as the customer is a consumer within the meaning of § 13 BGB. By registering and as part of his order on the website www.cenya.de, the customer confirms that he is a consumer and that the purpose of the deliveries and services he has ordered cannot predominantly be attributed to his commercial or self-employed professional activity.

These Conditions apply exclusively and to the entire contractual relationship between Centhree and the customer. Conflicting or deviating terms and conditions of the customer are not binding on Centhree, unless Centhree expressly agrees to their validity in writing. Any terms and conditions of the customer are hereby objected to, even in cases where they are transmitted to Centhree in a confirmation letter or in any other way, or where Centhree provides services to the customer without reservation, or accepts services from the customer without reservation, without again objecting to the customer's terms and conditions.

The written form required in these Conditions is also satisfied by transmission via fax or email.

The presentation and advertising of the services offered by Centhree on the website www.cenya.de is non-binding and in particular does not constitute a binding offer to conclude a contract for the provision of these services. It merely constitutes an invitation to the customer to submit an offer.

On the website www.cenya.de, the customer can select services from Centhree's range of services. The customer first enters his vehicle model (make, year of manufacture, mileage, registration plate) and then selects the desired services from Centhree's offering. The customer additionally selects a pickup time slot (date, time) and enters the pickup address. Finally, the customer selects a payment method (cf. § 8 below). After entering the aforementioned data, the customer places his order by clicking the button "Order with obligation to pay". Before submitting the order, the customer can change and review the data he has entered at any time. However, the order can only be placed and transmitted if the customer accepts these Conditions by clicking on the button "Accept terms and conditions" and thereby incorporates them into his offer.

By placing his order, the customer makes a binding offer to purchase the relevant service. Centhree will send the customer a confirmation (by email) of receipt of the offer immediately upon receipt, which does not constitute acceptance of the offer, unless the confirmation of receipt is accompanied by a declaration of acceptance.

The offer is only deemed to have been accepted by Centhree once Centhree declares acceptance to the customer (by email). In this declaration of acceptance, or in a separate email, but at the latest upon performance of the service, the contract text (consisting of the order, terms and conditions, and order confirmation) is sent to the customer by Centhree on a durable medium (email or paper printout) (contract confirmation). The contract is concluded in German.

Centhree owes the customer the provision only of those services that are explicitly described in the respective individual contract. The contractually agreed scope of services may be amended, supplemented or specified at any time by mutual agreement of the parties (§ 6).

The customer acknowledges that Centhree uses third-party products (tyres, lubricants, etc.) in the provision of services and that these are equivalent parts, i.e. spare parts for which the manufacturer can demonstrate that they are structurally and functionally identical to those of the original manufacturer. All statements made about the equivalent parts originate from the respective manufacturer; Centhree makes no statements of its own in this regard. Centhree only guarantees the suitability of the products used and services rendered for the customer to the extent that Centhree has expressly confirmed this in writing to the customer.

Unless expressly agreed otherwise, Centhree is not responsible for ensuring that the services are suitable for any use other than ordinary use or that they meet any further expectations of the customer.

Consumers are generally entitled to a statutory right of withdrawal when concluding a distance contract; however, this right expires under certain conditions.

The customer's right of withdrawal expires pursuant to § 356 (4) BGB if Centhree begins providing the commissioned services with the customer's consent before the expiry of the 14-day withdrawal period, upon full provision of the commissioned service. The customer gives the required consent by clicking the button "I agree that Centhree may begin performing the commissioned services before the expiry of the withdrawal period, and confirm that the right of withdrawal expires upon full performance of the contract". Only after clicking this button can the customer place his order (see clause 2.2 above).

The customer warrants to Centhree that the vehicle handed over to Centhree for the purpose of providing services is roadworthy and properly registered and insured. If this is not the case, the customer is obliged to expressly inform Centhree of this when placing the order. In addition, the vehicle handed over to Centhree for the purpose of providing services must be sufficiently fuelled or charged.

The customer further warrants that he is reachable during the provision of services (from the pickup of the vehicle until the return of the vehicle). For this purpose, he will provide Centhree with a telephone/mobile number at the start of the contract and ensure that, in particular, short-term decisions can be made within the scope of service provision.

The customer assumes all duties to cooperate and contribute mentioned in paragraphs 4.1 and 4.2 above as his own essential contractual obligation.

The dates and deadlines agreed with the customer are decisive for the services to be provided by Centhree. These dates and deadlines are binding for both parties and may only be changed by mutual agreement or in accordance with the following provisions.

Centhree assumes no liability for late provision of services that falls within the responsibility of third parties (tyre manufacturers, etc.) and for which Centhree is not responsible. In particular, Centhree assumes no procurement risk.

If, in the course of providing services, Centhree determines that the vehicle handed over by the customer is not roadworthy or not properly registered and insured, Centhree is entitled to suspend or definitively refuse the provision of services. The customer cannot derive any rights from this. However, Centhree is entitled to compensation for the resulting damage, including any additional expenses, if the customer is responsible for the aforementioned circumstances.

If Centhree recognises that a binding deadline cannot be met, Centhree will inform the customer immediately, using the stored contact details, of this and of the expected duration of the delay.

If a binding deadline is exceeded for reasons for which Centhree is solely and directly responsible, the customer must first request Centhree in writing, allowing a reasonable period of at least 8 days, to provide the owed service. Only after this period has expired without result does Centhree fall into default.

Centhree is not liable for impossibility or delay of service provision insofar as this has been caused by force majeure or other events not foreseeable at the time of the order for the affected service (e.g. operational disruptions of any kind, mobilisation, war, riots, strikes, traffic accidents, traffic jams, severe weather, natural disasters, sabotage, serious illness of key employees, pandemic, epidemic, quarantine, border closures, lockdown, curfews, official or governmental interventions or similar events) for which Centhree is not responsible. Insofar as such events make the provision of services significantly more difficult or impossible for Centhree and the impediment is not merely temporary, Centhree is entitled to withdraw from the specific individual contract. In the case of impediments of a temporary nature, performance deadlines are extended or performance dates postponed by the period of the impediment plus a reasonable start-up period. If the customer cannot reasonably be expected to accept the service as a result of the delay, he may withdraw from the affected individual contract by means of an immediate written declaration to Centhree.

If the customer fails to fulfil his duties to cooperate or contribute, in whole or in part, or fails to do so on time, the affected performance dates lose their binding nature for Centhree; in particular, Centhree does not fall into default.

The customer has the right to cancel his order free of charge up to 24 hours before the agreed start of the provision of services. If the cancellation is made less than 24 hours before the agreed start of the provision of services, Centhree is entitled to charge the customer 80 % of the agreed price. The same applies if the customer does not make use of a commissioned service without cancelling it in advance ("no-show").

The customer may suggest changes to the agreed scope of services or the agreed performance time at any time prior to the provision of services. However, an obligation to implement the requested changes only exists if both parties have agreed on the implementation of the corresponding change.

As part of its concierge service, Centhree handles the pickup of the contractual vehicle from the customer at the agreed pickup location and the return at the same location after the service has been provided.

For this purpose, the customer will inform Centhree in good time of the exact pickup location (street, house number, town, any local particularities) and ensure that the pickup location is freely accessible. Centhree and the customer will agree the pickup and return time slots separately.

Upon pickup and return of the contractual vehicle, Centhree carries out a detailed condition documentation (mileage, any pre-existing damage, etc., plus documentation by photo or video); the customer confirms the recorded condition documentation in each case with his signature.

As part of its concierge service, Centhree provides the customer with a replacement vehicle free of charge for the duration of the service provision. There is no entitlement to the provision of a specific replacement vehicle (make, vehicle type, etc.).

Upon handover and return of the replacement vehicle, Centhree carries out a detailed condition documentation (mileage, fuel/charge level, any pre-existing damage, etc., plus documentation by photo or video); the customer confirms the recorded condition documentation in each case with his signature.

The replacement vehicle may only be used by the customer. Transfer to third parties is not permitted.

A maximum mileage of 100 km during the period of provision is agreed. Additional kilometres must be reimbursed by the customer at EUR 0.40 per additional kilometre.

The customer warrants to Centhree that he is in possession of a valid driving licence and will demonstrate this to Centhree upon handover of the replacement vehicle.

The use of the replacement vehicle is permitted exclusively within the Federal Republic of Germany. Use abroad is not permitted.

The use of the replacement vehicle for commercial purposes is prohibited. Use of the replacement vehicle for particularly risky purposes (motorsport events, etc.) is prohibited.

The customer is obliged to handle the replacement vehicle with care. The customer is liable to Centhree for any damage to the replacement vehicle caused by the customer's fault in accordance with statutory provisions.

When using the replacement vehicle, the customer will comply with all statutory provisions, in particular the provisions of the StVO (Road Traffic Regulations) and the StVG (Road Traffic Act).

After use has ended, the replacement vehicle is to be returned to Centhree in proper condition and fully fuelled or charged.

The replacement vehicle has third-party liability and fully comprehensive insurance. The customer's deductible in the event of damage is EUR 500.

If the customer does not return the replacement vehicle to Centhree at the agreed return time and is responsible for this, he is liable for the damages (loss of use, etc.) incurred by Centhree as a result, in accordance with statutory provisions.

For the contractually agreed services, the customer owes Centhree the agreed price. All prices stated on the website www.cenya.de include statutory value added tax.

Centhree invoices the price owed immediately upon conclusion of the contract (due date). Centhree will only confirm acceptance of the order, and thereby the conclusion of the contract, to the customer once the customer has fully fulfilled his payment obligations.

The customer may pay by credit card, SEPA direct debit, or Apple or Google Pay, as well as further payment methods offered on the platform. Payment processing is carried out via the service provider Stripe Payments Europe Ltd. (Dublin) ("Stripe"). The general terms and conditions of Stripe apply. Centhree assumes no responsibility whatsoever for the payment services offered and provided by Stripe.

The customer is not entitled to set off claims of Centhree, except where the counterclaim is undisputed or has been finally established by a court. Furthermore, the customer is not entitled to withhold payments or suspend any other obligations incumbent on him, unless Centhree materially breaches due obligations from the same contractual relationship despite written warning and has not offered adequate security. § 215 BGB does not apply. In the case of defects in the services, the customer's counter-rights remain unaffected.

Centhree is liable for material defects and defects of title of the products delivered, and for the conformity of the services provided, in accordance with statutory provisions. The limitation period for statutory warranty claims is two (2) years and begins with the return of the contractual vehicle to the customer.

With the exception of liability under the German Product Liability Act (ProdHaftG), for fraudulent concealment of a defect, for a guarantee that Centhree has assumed in writing for the quality of the services, or for damage arising from culpable injury to life, body or health, Centhree is liable to the customer for damages for breach of obligations arising from the contract concluded between Centhree and the customer only in accordance with the following provisions, without however waiving the statutory requirements for such liability.

Centhree is liable for damages — regardless of legal grounds — only in the event of culpable breach of essential contractual obligations and in the event of intentional or grossly negligent breach of other contractual obligations owed to the customer. Essential contractual obligations are those obligations the fulfilment of which makes the proper performance of the contract possible in the first place and on whose fulfilment the customer regularly relies and may rely.

In the event of slightly negligent breach of essential contractual obligations, Centhree's liability is limited to compensation for the foreseeable damage typically occurring.

In the event of slightly negligent breach of other, i.e. non-essential, contractual obligations owed to the customer, Centhree's liability is excluded.

The above limitations of liability also apply to breaches of duty by or in favour of persons whose fault Centhree is responsible for under statutory provisions.

The above limitations do not entail a change in the burden of proof to the customer's disadvantage.

Centhree collects, uses and processes the customer's personal data provided by the customer, in particular his contact details, for the purpose of contract performance pursuant to Art. 6 (1) (b) GDPR. Details can be found in the Privacy Policy.

All protective rights in the contractual services, including copyrights, trademark rights, company identifier rights, or other identifiers and know-how, where applicable, belong solely to Centhree and are owned solely by Centhree. Centhree reserves ownership and copyright in offers, drafts, concepts, calculations and other documents; these may only be made accessible to third parties with the prior written consent of Centhree.

German law applies to the legal relationship between Centhree and the customer, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

No oral or written collateral agreements exist.

Should any provision of these Conditions be or become wholly or partially invalid, this shall not affect the validity of the remaining provisions of these Conditions. The parties agree at this stage to replace the invalid provision with a legally permissible provision that comes closest to what was economically intended. This also applies in the case of an unintentional gap in the rules.