Imprint, terms and conditions, data protection
I. Terms and Conditions
1. DEFINITIVE ELEMENTS The general terms and conditions will apply to all sales of goods and services by ELECTRICSUN SRL, through the virtual store www.ElectricSun.de to the Buyer and can only be modified with the express written consent of both parties. Thus, the following terms will mean:Buyer - the person, company, company or other legal entity issuing an Order.Seller - commercial company ELECTRICSUN SRL, Trade Register Registration Number: J02/858/02.12.2010, Unique Registration Code (VAT number): RO27769953, Headquartered in Arad, 12 Gorunului Street, Post Code 310212, Romania, Work schedule: Monday – Friday, 08.00 – 15.00 (lunch break 11 – 12) Phone number: +40 720 607 111 ; +40 257 457 395 E-mail:office[at]electricsun.deThe prices displayed are in (EUR, GBP, RON, HUF, BGN, PLN) and include VAT (19%). Discounts are valid until the end of the month, but are within the available stock limit.Prices include green stamp costs, related to the collection, treatment and disposal of WEEE, No. RO-2017-05-EE-2871-I.Goods and Services - any product or service, including the documents and services mentioned in the Order, to be provided by the Seller to the Buyer. Order - an electronic document that intervenes as a form of communication between Seller and Buyer by which the Seller agrees to deliver Goods and/or Services and the Buyer agrees to receive these Goods and/or Services and to make payment for them. Contract - an Order confirmed by the Seller. Intellectual Property Rights (as follows IPR) – all intangible rights such as know-how, copyright, database rights, design rights, model rights, patents, registered trademarks and domain name registrations for any of the above. Specifications - all specifications and/or descriptions of Goods and Services as specified in the Order.
2. CONTRACTUAL DOCUMENTS By placing an electronic order on the above mentioned website, the Buyer agrees to the form of communication (by e-mail) through which the Seller conducts its operations. The order will be composed of the following documents, in order of importance: A. Order (along with clear statements on delivery and billing dates) and its specific conditions B. Buyer Specifications (where applicable) C. Terms and conditions If the Seller confirms the order, this will imply a full acceptance of the terms of the Order. Acceptance of the order by the Seller is considered completed when there is an electronic confirmation (e-mail) from the Seller to the Buyer, without requiring a receipt from the Seller. The Seller does not at any time consider an unconfirmed order to have the value of a Contract. This Agreement shall enter into force upon confirmation of the order by the seller. Confirmation is done electronically (e-mail). The general terms and conditions of sale will form the basis of the contract thus concluded, also adding the Warranty Certificate issued by the Seller or a supplier thereof.
3. EXTENT OF THE SELLER'S OBLIGATIONS A. The Seller will use his professional and technical knowledge to achieve the result stipulated in the Order and will deliver the Goods and Services that meet the Buyer's requirements, needs and specifications; B. The information presented on the seller's websites is informative and may be modified by the Seller without prior notice. Also, for reasons related to space and the consistency of the information structure, product descriptions may be incomplete but the seller makes efforts to present the most relevant information, so that the product is used within the parameters for which it was purchased; C. Communication with the store – can be done by interacting with it, posting opinions about products or communicating through the addresses mentioned in the “contact” section. Opinions or comments containing insults or inappropriate language will be excluded from the site or ignored. The seller is free to manage the information received without having to justify it.
4. CESSION AND SUBCONTRACTATION The seller may assign and/or subcontract a third party for services related to the honouring of the order, with the buyer’s information, without the buyer’s consent required. The seller will always be responsible to the buyer for all contractual obligations.
5. INTELECTUAL AND INDUSTRIAL PROPERTY RIGHT (DPI) The Buyer understands the intellectual property right and will not disclose to a third party or make public (on the internet or media) any of the information received from the Seller. Also, the name of the site as well as the graphic markings are trademarks registered in the property of ELECTRICSUN SRL, TAGU SRL or ENERGY KOREA INC. and cannot be taken over, copied or used without the written consent of the owner.
6. CONFIDENTIABILITY - PUBLICITY Information of any kind provided by the Buyer to the Seller will remain the property of the Seller. They can only be used for the performance of the contract and can only be made known with written consent to the Seller and after obtaining a commitment of confidentiality from the recipient. No public statement, promotion, press release or any other means of disclosure to third parties shall be made by the Buyer in respect of the order without the Seller's prior written consent. Customer data may not be used or provided to other parties. By transmitting information or materials through this website, you give the Seller unrestricted and irrevocable access to it, the right to use, reproduce, display, modify, transmit and distribute these materials or information. You also agree that the Seller may freely use, for his own benefit, these ideas, concepts, know-how or techniques that you have sent us through the www.ElectricSun.de website. ElectricSun will not be subject to obligations relating to the confidentiality of the information sent, unless the legislation in force provides for further specifications. Under the legal conditions regarding the protection of personal data, the Seller will not disclose without authorization any information regarding the Buyer. On the basis of express and unequivocal consent and only within the limits of the legislation in force, in order to respond to your requests by offering new products/services, it is possible to offer such information to third parties (e.g. marketing service providers, other service providers; state, government agencies, when specified by the legislation provides for it; other companies with which we can develop joint programs to offer our products and services on the market).
7. DELIVERY TERMS The delivery deadline is 3-7 working days from the moment of confirmation or payment of the price, the date of the order. Saturdays and Sundays and the legal holidays are not calculated. Exceptions can also been made during the period of holidays (vacation), holidays announced on the contact page of the website under the program heading. If the delivery and/or start-up deadlines of the order cannot be met, the seller is obliged to notify the buyer of the estimated delivery completion deadline. The buyer will have the right to claim additional damages from the seller, when permitted by law, in case of total or partial non-fulfilment by the seller of the performance of the contract in accordance with the deadlines set. The price of transport is between 20 and 200 EUR, but the buyer receives promotional FREE DELIVERY, the promotion is valid only in case of acceptance of products and not in case of returns. If the Seller receives incorrect information about the billing or delivery of the products, a new deadline will be set for the order, which will be within 3 working days.
8. BILLIND AND PAYMENTS The Seller will issue an invoice to the Buyer for the Goods and/or Services to be delivered, the Buyer's obligation being to provide all the information necessary to issue the invoice in accordance with the legislation in force and to pay the price.
8.1.1 Online payment with bank card is done through the 3D-Secure e-commerce service, you have 100% transaction security by using an SSL-EV (SSL Extended Validation) certificate that ensures the encryption of the exchange of information between the client's browser simultaneously with the PCI-DSS authentication and certification of the BCR-EuPlatesc.ro, ensures IT compliance of the online cashing solution with the security requirements imposed by international card organizations by offering a PCI-DS Merchant Level 1 certified solution , PCI-DSS certification of EuPlatesc.ro is ensured by daily scanning against vulnerabilities performed by McAfee and monthly penetration tests performed by TrustWave, zero commission for the buyer. The minimum order must be more than 100 EUR with VAT in order to benefit from free delivery. The price, payment method and payment term are also specified in the Order.8.2. Payment by Bank Transfer - Payment Order to one of the following bank accounts: IBAN account in GBP: RO34BTRLGBPCRT00C3710601; at Banca Transilvania, SWIFT: BTRLRO22 IBAN account in EUR: RO42BTRL00204202C37106XX; at Banca Transilvania, SWIFT: BTRLRO22 IBAN account in HUF: RO02BTRLHUFCRT00C3710601; at Banca Transilvania, SWIFT: BTRLRO228.3. Payment on delivery - Refunds - Cash, is paid to the delegate-delivery company TNT, TCE or DPD, it is only valid in certain countries, not in the UK.
9. RISKS AND RESPONSIBILITIES A. Delivery The Seller undertakes to ship goods and services in door-to-door courier system to the Buyer, with DPD, TNT, TCE or other courier company. B. Reception If the package (box) is damaged at reception from the courier, the buyer must take pictures and the courier will draft a damage report (the courier has a template in his PDA). If the buyer accepts delivery without a damage report, the seller is no longer responsible for risks or damages. If the package (box) is damaged at reception from the courier and the delivery note specifies ”Verification on delivery”, and the buyer accepts delivery without taking photos or drafting a damage report, the seller is no longer responsible for risks or damages. C. Transport - Packaging Unless differently agreed upon by the seller and buyer, the seller assumes the risks and responsibilities associated with the goods and/or services when handing them over to the internal or external courier company with which the seller collaborates. The seller discharges the risks and responsibilities associated with the Goods and/or Services at the time of their surrender to the internal or external courier company with which the Buyer collaborates or to the buyer’s representative. The seller will ensure the proper packaging of the Goods and/or Services and ensure the transmission of accompanying documents. The seller will deliver goods and services in any area, locality in to all mainland UK and Europe.
10. RECEPTION AND RETURNS Reception will be made when the goods and/or services comply with the technical characteristics mentioned in the Order. If the Buyer discovers that the Products delivered and/or the Services provided do not comply with the technical specifications, then the Seller will bring the goods and/or services to conformity. Also, for products sold and delivered by www.ElectricSun.de (ElectricSun SRL) according to OUG no. 34/2014, the buyer individually benefits from the return of new, unused products, within 14 days from the date of receipt, bearing the costs of shipment for delivery and return. Returns from the UK cannot be processed for the moment.If the product is returned in a state where it can no longer be sold as new (open packaging, missing accessories, damaged), the seller reserves the right to claim a fee for returning the product to the original state, as the case may be, or to cover the price difference resulting from the sale of the product as resealed or, at the Buyer’s request, re-shipping the product, the delivery expenses being borne by the Buyer.
The seller (will process refunds) will make payment to the buyer in the bank account specified by the buyer within a maximum of 7 days after the arrival of the goods in the seller’s warehouse.
11. GARANTIES All products marketed by the www.ElectricSun.de website, benefit from warranty conditions in accordance with the legislation in force and the commercial policies of the manufacturers. The products are new, in the appropriate packaging and come from sources authorized by each manufacturer. In the case of products sold and delivered by www.ElectricSun.de, warranty certificates are either issued directly by the manufacturer, if it has a national service network, or are issued by www.ElectricSun.de (ElectricSun SRL). In the case of warranty certificates issued by www.ElectricSun.de (ElectricSun SRL), the "Pick-up & Return" service involves taking over and delivering the products under the conditions specified in the warranty certificate. In the case of products purchased from our distributor partners, you will receive a warranty certificate upon delivery for each product, with all the details of the service centre. The warranty of the products purchased from our partners is guaranteed by the partner who sold the product or by the authorized service centre of the manufacturer, as appropriate. In the case of warranty certificates issued by manufacturers, the product claimed defective during the warranty period must be presented directly to the nearest service centre mentioned in the certificate. This manufacturer/authorized centre will take over the full responsibility of resolving the warranty. The lack of the product warranty certificate must be reported within 48 hours of receiving the goods on the e-mail address: firstname.lastname@example.org . Any subsequent referral will not be taken into account.
12. PROPERTY TRANSFER Ownership of the Goods and/or Services will be transferred at the time of payment from the Buyer to the location indicated in the order (by delivery understanding signature of receipt of the transport document provided by the courier or signature of receipt on the tax invoice in case of deliveries made by the Seller’s staff). In case of delivery by courier, the Buyer is authorized to open the packages before signing the delivery, but this will be done according to the courier company’s policy.
13. LIABILITY The Seller may not be liable for any damages of any kind that the Buyer or any third party may suffer as a result of the Seller's performance of any of its obligations under the Order and for damages resulting from the use of the Goods and Services after delivery and in particular for the loss of products. The Seller will be liable if the sub-contractors and/or their partners of any kind involved in the execution of the Order do not fulfil any of the contractual obligations.
14. MAJOR FORCE Neither party shall be liable for non-performance of its contractual obligations if such non-execution is due to a force majeure event. The major force is an unpredictable event, outside the control of the parties that cannot be avoided.
15. APPLICABLE LAW - JURISDICTION This contract is subject to Romanian law. Any disputes arising between the organizer and the participants in the campaign will be resolved amicably or, if not possible, the disputes will be resolved by the competent Romanian courts in the municipality of Arad.
16. INFORMATION ON WEEE Waste from Electrical and Electronic Equipment (WEEE) may contain hazardous substances that have a negative impact on the environment and human health if not collected selectively. Considering the provisions of OUG 195/2005 – relating to environmental protection, OUG 78/2000 – on the waste regime, pursuant to the provisions of Article 5 of Regulation (EEC) No 2081/92, 10 of H.G 448/2005, on waste electrical and electronic equipment, customers will consider the following: - Customers have an obligation not to dispose of waste electrical and electronic equipment (WEEE) as unsorted municipal waste and to selectively collect these WEEEs; - The collection of these wastes (WEEE) will be carried out through selective collection points made available to manufacturers by the local public administration authorities which have the obligation under Article 5(1) of HG 448/2005 to collect WEEE separately from private household waste and to make available to manufacturers the spaces necessary for the establishment of WEEE collection points; - Customers can hand over WEEE free of charge at the collection points specified at the time of purchase of a new product of the same category The symbol indicating that electrical and electronic equipment is the subject of a separate collection represents a wheeled bin with two X-shaped lines, as in the next image.
This icon indicates that WEEE should not be mixed with household waste and that it is the subject of selective collection. After damage, electrical heating panels should not be thrown away, but go to specially arranged centres for WEEE collection. (a) users are required to collect electrical waste and electronic equipment WEEE separately and not to dispose of WEEE together with unsorted municipal waste; (b)users of WEEEs in private households will hand over all WEEE waste for re-use, recycling and other forms of WEEE recovery to collection centres; (c) potential harmful effects on the environment and human health as a result of the presence of dangerous substances in the EEI; (d) the meaning of the symbol of a waste container on which an X is affixed signifies the prohibition of the storage of WEEE together with unsorted municipal waste.
17. MISCELLANEOUS PROVISIONS The parties to the contract shall be considered independent contractors and neither party shall be granted the right or authority to assume or create any obligation on behalf of or against the other. The terms and conditions of this agreement replace other previous written or verbal agreements between the Parties mentioned, relating to the subject matter of this Agreement and may be amended or changed only by written agreement signed by both Parties.