Valid from 1.4.2023
§ 1 Framework Agreement
(1) Partymaker s.r.o. ("Partymaker") rents rechargeable power banks using its software application for internet compatible mobile phones. Only customers who are registered via the BattteryBox application (hereinafter referred to as "Users") can rent the batteries.
(2) These Terms and Conditions apply to the use of the BatteryBox App and to leases that are entered into through the BatteryBox App
(3) The Customer's contractual partner is:
Partymaker 2 s.r.o.,
Paradise 3
811 08 Bratislava
ID: 47870125
VAT NUMBER: SK2024141152
+421 911 245 254
support@batterybox.sk
www.partymaker.group
(4) Partymaker reserves the right to make changes to these Terms of Service as necessary to comply with changed legal or technical framework conditions and rules. Customer will be notified of changes by notice and posting on Partymaker's website and BatteryBox app
All changes shall be deemed to be approved if the customer does not object in writing within four weeks of receipt of the notice of change.
Partymaker will specifically inform the customer of the right to object and the legal consequences of silence together with the notification of the change. In the event of the customer's disagreement with an amendment to these Terms of Service, Partymaker shall be entitled to terminate the contract with the customer on the basis of these Terms of Service upon four weeks' notice.
§ 2 Conclusion of a contract for the use of the BatteryBox application
(1) To rent a BatteryBox power bank, the customer must register by creating a user account through the app. Each customer can only register once. Only the registered customer is entitled to use Partymaker's contractual services
(2) After registration of the required basic data (name and surname, e-mail address, personal mobile phone number, valid payment data) and acceptance of these General Terms and Conditions in connection with the registration process, a contract for the use of the BatteryBox application is concluded between the customer and Partymaker.
(3) The rental of the power bank is subsequently carried out by concluding a rental agreement in accordance with the provisions of these General Terms and Conditions of Service (point 4).
(4) Partymaker reserves the right to refuse to register a customer or to conclude a lease if there are reasonable doubts about the customer's behaviour in accordance with the contract.
§ 3 User account in BatteryBox
(1) The user account must indicate an account or credit card holder identical to the customer. The customer must keep the personal data stored in the user account up to date. This applies to the customer's address, e-mail address, personal mobile telephone number and payment details.
(2) The login data (username, password, PIN) must not be transferred to other persons. This also applies if the third party is the customer. The customer undertakes to change the password immediately if there is even one suspicion of misuse of the customer's login data and to inform Partymaker immediately.
(3) In order to use the app, the customer must own a mobile phone with internet access that meets the technical requirements of the app. Each time the app is downloaded, the internet-compatible mobile phone is automatically checked to ensure that it meets these requirements. The customer must provide mobile data communication capability and bear any data transmission costs incurred against the customer's mobile operator.
(4) The Customer may not read, copy or manipulate the BatteryBox application using information technology methods. A culpable violation or, in the case of suspected attempts, leads directly to exclusion from the use of the application. Partymaker reserves the right to make any claim.
(5) The Customer shall immediately notify Partymaker of the loss or theft of its mobile phone associated with the User Account or other suspected misuse by a third party. To prevent misuse, Partymaker will block access until the situation is clarified and will notify the customer via email.
§ 4 Use of the service and conclusion of rental agreements
(1) Only power banks that are available according to their location can be used in the BatteryBox application.
(2) The lease period shall commence upon the conclusion of the individual lease and shall end upon the return of the power bank by the customer pursuant to section 3, or if the maximum lease period pursuant to section 4(5) has expired.
(3) The maximum rental period is 24 hours.
(4) The customer is obliged to immediately report all defects and malfunctions that affect the functionality of the product before or during the rental period to the Partymaker hotline service at +421 911 911 245 254 254
(5) Partymaker may require the Customer to call the mobile telephone number stored in the User's personal account data in the event of a serious malfunction in the User's usage process.
§ 5 Termination of the lease
(1) The rental process can only be completed through the app. When the customer wants to end the rental, he/she scans the QR code at the charging station, which returns the power bank to the charging station in accordance with Section 5.
(2) The rental process can only be completed through the BatteryBox app at its available locations in collaboration with Partymaker's partner locations
(3) After the end of the use of the power bank, the loaned product must be returned in the same condition and at the respective charging stations at the respective partner locations that cooperate with Partymaker.
(4) If the customer does not complete the rental process via the BatteryBox application after taking possession of the power bank, the process of termination of the rental shall automatically begin pursuant to § 4 (5).
(5) If the rental process cannot be completed via the BatteryBox application for technical reasons despite the conditions set out in paragraph 3, the Customer shall immediately notify the Partymaker helpline at +421 911 383 789 for assistance and further action with Partymaker for a possible refund of the unused rental period, if warranted.
(6) The obligation to pay the rent shall cease at the moment of completion of the rental process, unless the rental process could not be completed for reasons for which the customer is not responsible.
(7) Upon completion of the rental process, the customer will receive confirmation of the total rental period and the total price in each case. The customer will also receive an invoice to the email address associated with the customer's user account.
§ 6 Proper return of the powerbank
(1) The customer is obliged to return the rented power bank in the condition in which it was made available to him in terms of its functional and technical characteristics.
(2) The cables on the power bank must be in place in the charging station before returning it.
(3) The power bank must be inserted back into the charging station according to the direction of the arrows on the power bank.
(4) When the rental has been correctly completed and the power bank has been correctly returned to the charging station, the robotic voice confirms this with the word "successful".
§ 7 Payment for rent
(1) The customer undertakes to pay the relevant rent. Before concluding the rental contract, the customer will be shown the rental price for 30 minutes in the app. The total price is inclusive of the legally required VAT. The rent must be paid at the end of the rental period.
(2) If the Power Bank cannot be used in accordance with the Contract, even if it has been marked as "available/ready" in the App, the Customer will not be charged any rental fee.
(3) In the case of a lease, there will be an accounting for the relevant lease as per per. minutes run. Billing per 30 minutes.
(4) Partymaker cooperates with various payment service providers. Payments are made according to the payment method selected in the respective registration process. When concluding the contract, the customer confirms that he/she is entitled to the specified direct debit account. The customer must ensure adequate cover for their means of payment. If payment cannot be made due to insufficient cover or for other reasons for which the customer is responsible, Partymaker will charge the customer the actual costs incurred or a fixed amount according to the fee schedule on Partymaker's website.
(5) The Customer may only set off Partymaker's claims if the Customer's counterclaim is undisputed or has been validly admitted.
(6) The customer may only assert a lien if the customer's counterclaims are undisputed or legally supported.
§ 8 Transfer
Partymaker reserves the right to assign its claims arising from this contractual relationship to a third party for collection purposes. The customer will be informed of this in due time. In this case, the customer may only make payments to the third party in cooperation with Partymaker as fully responsible for general customer inquiries or complaints.
§ 9 General obligations and prohibitions
(1) The customer is obliged to treat the Partymaker power bank with care.
(2) The customer is obliged to:
(3) To protect the environment, Partymaker encourages its users to use our power banks in an environmentally and energy friendly way.
§ 10 Limitation of Partymaker's liability
(1) Partymaker shall be liable in accordance with the general rules of tort law for damages caused intentionally or through gross negligence by its agent or its agent's agent.
(2) Liability for indirect and unforeseeable damages is excluded.
(3) Liability for damage to life, body or health remains unaffected.
(4) The limitations of liability resulting from paragraph 2 shall also apply to persons for whose erroneous actions Partymaker is liable. They do not apply if Partymaker has fraudulently assumed the warranty or for product liability claims the law. Partymaker's liability for violation of the General Data Protection Regulation (GDPR, Art. 82) also remains unaffected.
(5) In other cases, Partymaker's liability to the customer is excluded.
§ 11 Liability
(1) The customer is liable for damages as a customer. This includes in particular breach of
misuse or theft, damage or loss of the power bank. Partymaker shall be entitled to indemnify the customer for legitimate third party claims if the customer does not have insurance. This includes the costs of any legal defence that may be necessary. It is clearly stated that any co-liability on the part of the third party is taken into account.
(2) The customer is not liable if the damage is covered by an insurance policy and does not claim recourse against Partymaker.
§ 12 Temporary blocking of the user account and exclusion of use
(1) Partymaker has the right to temporarily block one user account:
if the data necessary for the performance of the contract are not correctly entered in the user account
if the customer is in default despite a previous reminder to pay a not insignificant amount,
in the event of other material breaches of contract for which the customer is liable
if the customer has lost the mobile phone linked to the user account, the mobile phone has been stolen or there has been any other possible unauthorised use of the user account by a third party.
(2) The blocking of the user account removed immediately after the termination of the activity that led to the breach of contract by the customer.
(3) Partymaker may disqualify a customer from using a user account after prior notice of failure if the customer has repeatedly acted in violation of the Agreement.
§ 13 Terms and Termination of the Application Use Agreement
(1) The contract for the use of the application is concluded for an indefinite period of time and can be terminated by both parties in text form with a notice period of two weeks at the end of the month.
(2) The right of the parties to terminate the contract by way of exception is unaffected. This applies if the customer
§ 14 Cancellation of the lease agreement
In connection with the framework contract, the consumer has the right to withdraw from the conclusion of the rental contract under the following conditions:
The customer has the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the date of conclusion of the contract. In order for the customer to exercise his right of withdrawal, please contact support@batterybox.sk of his decision to cancel this contract.
In order to comply with the withdrawal period, Partymaker must acknowledge receipt of the withdrawal on the withdrawal form prior to the expiry of the withdrawal period.
Refunds will be made to the same means of payment used for the original transaction, unless otherwise agreed with the customer.
§ 15 Data protection
(1) Partymaker collects and processes the personal data of the customer necessary to carry out the business transaction. When processing the customer's personal data, Partymaker complies with the applicable legislation, in particular the provisions of the EU General Data Protection Regulation.
(2) With regard to the details and scope of the collection, storage and processing of the Customer's personal data, reference is made to the data protection terms and conditions on the Partymaker website.
§ 16 Miscellaneous
(1) Contracts between the Customer and Partymaker are governed by Slovak law.
(2) If the customer is a merchant who acts within the scope of his profession is a public court or is not domiciled or habitually resident in Slovakia, the court in Bratislava shall be the venue for disputes arising out of and in connection with the contract and/or the lease agreement. The binding rules on venue remain unaffected.
(3) The Customer may only transfer the rights under the aforementioned agreements to third parties with the prior written consent of Partymaker.
§ 17 Customer Service / Complaints
(1) In case of questions, complaints and other requests, the Customer may contact support@batterybox.sk.
(2) The European Commission has an online out-of-court dispute resolution platform (the "OS Platform") for the resolution of disputes relating to contractual obligations arising from online sales contracts concluded between consumers and businesses, which is available at www.ec.europa.eu/consumers/odr.
(3) Partymaker is not legally obliged to participate in any dispute resolution procedure under the Dispute Resolution Act. Voluntary participation shall be disregarded.
(4) Partymaker is not subject to any codes of conduct.
