1.      General

1.1.    These Terms and other information are available in Icelandic and English.

1.2.    Insofar as the provisions of the Act on Consumer Purchases No. 48/2003 or the Act on the Sale of Services No. 42/2000 apply and are more favourable to the user as a consumer, see the third paragraph of Article 1 of Act No. 48/2003, than the provisions of these Terms, such provisions shall prevail over incompatible provisions of the Terms. If the buyer is not a consumer, the above does not apply.

1.3.    Buyers are asked to read these Terms carefully before completing an order in the app. Here you will find information about transactions in the app, how the transactions are conducted, about the delivery of products, changes and other important matters.

1.4.    Information and comments related to the app and orders can be sent by email to n1@n1.is. The user can also call 440 1000.

1.5.    The terms of the N1 card and other terms of N1 also apply to transactions in the app as appropriate.

1.6.    Please note that special terms and conditions apply to some N1 services, such as trailer rental. If such other terms prevail over the provisions of these Terms, then such other terms shall apply.

2.      About the service provider and customer

2.1.    N1 ehf., reg. no. 411003-3370 with offices at Dalvegur 10-14, 201 Kópavogur (hereinafter also referred to as "N1" or the "seller") provides access to the app.

2.2.    Electricity transactions with N1 or companies in the same group as N1 are subject to special terms of sale, which users of the app are advised to familiarize themselves with.

2.3.    The user or customer is the person who creates an account in the app and purchases products or services through the app and is the registered buyer in the app.

3.      Prices and business terms

3.1.    N1 publishes prices and terms of business in the app subject to errors. Prices and other business terms are based on the N1 tariff as current at any time.

3.2.    N1 may change its business terms, discount categories, discount structure, price arrangements or customer loyalty terms. No such change shall be considered an addition to the discounts or business terms that have been agreed with a customer.

3.3.    The N1 service included in the use of the app is free of charge. If a third party requests a fee for a service purchased through the app, N1 is permitted to claw it back from the customer concerned.

3.4.    In order to conduct transactions in the app, the user must enter payment card information in my pages during the registration process, or use the N1 cash transaction option as further described below.

3.5.    Users are responsible for their access to the app and must ensure that passwords and other important information or hardware do not fall into unauthorised hands. N1 is not responsible for the misuse of the app.

4.      Product selection, order and delivery

4.1.    The seller provides information about products to the best of his knowledge at all times. The seller publishes all information subject to faults, viruses, printing, display and typing errors in text, prices and images. The seller reserves the right to cancel the buyer's order in whole or in part if the product is sold out.

4.2.    An order is binding once it has been registered on N1's server. N1 will then be obliged to process the order in accordance with the pricing and product range. All orders suspected to be fraudulent and/or affected by a software bug will be cancelled. The customer's right to cancel an order is subject to the rules of the Act on Consumer Purchases. N1 reserves the right to damages if the cancellation of an order results in a loss for N1.

4.3.    N1 specifies the probable delivery time for order transactions. It is based on an estimate as to when delivery will take place. It is always a possibility that an order will be delayed. The customer is bound by his order in such cases, as long as delays in delivery are not excessive.

4.4.    In the case of service appointments, N1 will inform the customer as soon as possible if uncontrollable circumstances make it impossible to provide the ordered service at the appointed time.

5.      Data protection

5.1.    The seller is committed to ensuring the security of customers' personal data and all processing of personal data is carried out in accordance with Act No. 90/2018 and N1's Privacy Policy, which is available on N1's website (see https://www.n1.is/um-n1/personuvundartstefna/) and in the app.

6.      Liability for damage

6.1.    N1's liability shall always be limited to the amount paid to the company for use of the app. The company shall not be liable for any indirect damage, consequential damage or loss of profit that users, members or others may suffer as a result of the app.

6.2.    N1 shall not be liable for damage resulting from defects or malfunctions in software or hardware whether owned by the customer or N1.

6.3.    The customer shall indemnify N1 against all losses, claims, actions, damage, liability, fines, penalties and costs incurred by N1 as a result of or in connection with transactions or the Customer's acts or omissions, whether caused by intent or negligence of the customer, his agent or representative in connection with the parties' agreement or resulting from a breach of the parties' agreement. This indemnification shall not in any way limit the legal rights that N1 may have due to possible breach of contract by sellers.

6.4.    N1's liability is in any event dependent on the customer having otherwise fulfilled their obligations, observed the duty of care and conducted the transactions in every respect in accordance with the provisions of the law, regulations and, as the case may be, according to the rules or terms of other service providers.

6.5.    N1's liability for all losses, claims or damage arising out of or from a breach of the parties' agreement shall be limited to the amount N1 received from the customer during the twelve (12) months prior to the breach. If the limitation of damage is deemed to go beyond what the law permits, these Terms shall apply to the extent permitted by law.

6.6.    In the event of any errors, interruptions or delays in N1's services, N1's liability shall be limited to correcting such errors, interruptions or delays as soon as possible. If gross negligence on the part of N1 caused the damage, N1 shall be liable for it in accordance with these Terms.

6.7.    N1 is not always the seller of power to customers of charging stations. The seller of power is the owner of the relevant charging station and N1 bears no responsibility for the sale/delivery of power to customers of charging stations at those charging stations. N1 is not responsible for the station owners' fulfilment of the obligation to sell/deliver power to customers. N1 is therefore not liable for any damage that customers of charging stations may suffer during the delivery/sale of power to customers of charging stations, e.g. due to breakdowns in equipment at charging stations, imbalance (disruption) in electricity, etc., nor damage that charging stations may suffer during such delivery and/or sale. In addition, N1 is not responsible for equipment at charging stations and does not guarantee, for instance, the presence of connection equipment at charging stations. The sale price of power to customers of station owners is determined by the owner of the respective charging station and is of no concern to N1. Transactions at charging stations are subject to an agreement for such transactions

6.8.    The customer undertakes to comply with all reasonable safety and usage protocols in respect of the services the customer receives from N1.

7.      Statements and invoices

7.1.    For customers who do not pay by means of cash transactions, statements and invoices are sent out once a month, unless otherwise agreed, and the information is broken down by product category. N1 shall be permitted to issue invoices solely in electronic form. The invoices show where delivery took place. If a payment deadline is not agreed separately, the due date shall be two weeks after the invoice is issued.

7.2.    N1 strives to ensure the accuracy of all statements and information in the app. However, the company reserves the right to correct typing and printing errors. Such errors shall not give rise to any rights for users.

8.      Default

8.1.    In the event that the customer fails to pay for withdrawals on the due date, the seller shall be permitted to stop servicing the customer immediately. If the seller stops providing services, it shall not be obliged to resume service unless the customer pays the outstanding debt or provides a guarantee for payment that the seller deems satisfactory. The customer shall pay the highest permitted default interest from the due date to the date of payment in case of non-payment.

8.2.    The seller shall be permitted to terminate all business with the customer in the event of significant default.  Failure to remedy non-payment shall always be regarded as significant default.

8.3.    In the event of bankruptcy, suspension of operations, moratorium or the initiation of composition negotiations, N1 shall be permitted to stop servicing the customer and immediately invoice him for all uninvoiced product withdrawals.

9.      Force majeure

9.1.    The seller cannot guarantee that he will be able to fulfil all the provisions of these Terms and maintain the same service in the event of uncontrollable circumstances arising from unforeseen events (force majeure), e.g. trade barriers, damage during transportation, fire, storm, epidemic, strike, natural disaster, state of war, terrorism, mass casualty or disruption of telecommunications or energy supplies.

10.  Assignment

10.1. N1 shall be permitted to entrust another company owned by it or within the same group of companies as N1 with the performance of a contract with a customer, provided that it can fulfil the obligations undertaken by the seller under the contract in the same way. The customer shall be permitted to assign the contract to another company within the same group of companies with the permission of the seller.

11.  Changes to terms

11.1  N1 reserves the right to change these Terms as often as necessary. N1 will notify the buyers of changes and they will take effect upon notification, unless otherwise stated in the notification.

11.2. N1 specifically reserves the right to make, at any time and without notice, the following changes to the terms and conditions: change prices or service fees, including by charging for services that have previously been free of charge; ii) change prices at individual service centers; iii) change the structure of the discount system.

12.  Jurisdiction

12.1  The seller will strive to ensure that any complaints of the buyer and potential disputes between the parties are resolved by mutual agreement and in the simplest and most cost-effective way for both parties.

12.2  If a dispute cannot be resolved by mutual agreement, the parties may, depending on the circumstances, refer it to the Complaints Committee for the Purchase of Goods and Services for a ruling on the rights and obligations of the parties.

12.3  These Terms are subject to Icelandic law. In the event of a dispute between the parties that cannot be settled amicably, such dispute may be referred to the District Court of Reykjavik.

13.  Period of validity

13.1  These Terms are valid from 22 July 2022

Special provisions on charging stations

Customers agree to these Terms that apply their access to the app which enables them to transact with charging station owners for the purpose of purchasing power for vehicles. The app only makes it possible to transact with charging stations that have concluded agreements with N1 for services pertaining to the sale/delivery of power. Please note that separate terms apply to the electricity purchase itself and the use of the charging stations.

N1 has reached agreements with certain operators/owners of charging stations, hereinafter station owners, regarding their services for the sale/delivery of power to users/owners of electric vehicles. The app contains a list of the charging stations covered by N1's service agreements.

The following special terms apply to electricity transactions. The general part of the Terms of Use for the N1 app only applies to cash transaction customers.

I. Terms of transactions conducted through user accounts

1.      Scope of section I

These terms only apply to those customers who enter into a contract for access to N1 charging stations. Registered members are those who enter into an agreement for access to payment methods provided by N1 together with login access to the app. Electricity is paid according to the N1 tariff as current at any time. When the station owner requires payment for the charging or service offered at a charging station, the user must pay for it.

II. Terms of cash transactions

1.      Scope of section II

This part of the terms applies only to those users who choose to charge without a contract and without becoming a member of the N1 customer network.

2.       Fees

N1's service to customers is free of charge as long as station owners do not require payment for the charging or services offered at a charging station. Electricity is paid according to the N1 tariff as current at any time. When the station owner requires payment for the charging or service offered at a charging station, the user must pay for it. In order to make a cash transaction payment, customers must provide a card number and/or provide other necessary information so that payment can be made at that time. When paying by means of a cash transaction, a longer-duration contract is not concluded with the electricity service provider.

3.      General Terms and Conditions

N1's General Terms and Conditions apply to cash transactions with respect to data protection and liability for damage, unless circumstances require otherwise.