Terms and Conditions and GDPR [#$$#]
Welcome to the website www.ecosolaris.ro. We invite you to carefully read the terms and conditions of use below. By accessing and visiting this site, you agree to comply with and be bound by the Terms and Conditions of Use, thereby representing your explicit agreement to them and establishing the entire understanding (contract) between the parties.
ECOSOLARIS SERVICES SRL, as the author/owner/administrator of the website www.ecosolaris.ro, reserves the right to modify and update the content of this website at any time, as well as the Privacy Policy and Terms and Conditions of Use, without any prior notification. Therefore, we recommend that you periodically visit this section to review the terms and conditions that you have agreed to abide by.
TO REMEMBER:
The products sold on our website benefit from a guarantee according to the legislation in force.
Considering the specifics of selling photovoltaic equipment and systems, as well as transport costs, product returns can only be made for defective products.
Confirmation of product availability, their stock, changes in technical specifications, packaging or transport conditions will be communicated to customers as soon as they become available. Errors may occur in the processing of data on the site, for which we apologize in advance, but do not assume responsibility for them.
Applicability
The presented terms and conditions are valid and apply to all websites in the www.ecosolaris.ro domain, for which ECOSOLARIS SERVICES SRL is the author/owner/administrator. All these websites (as they currently exist or will be subsequently implemented), as well as the www.ecosolaris.ro website, will be referred to generically, individually or collectively, as Site and/or Sites in what follows.
In this document, singular words include the plural, plural words include the singular, masculine words include the feminine, and feminine words include the masculine.
Copyright
ECOSOLARIS SERVICES SRL is the author of the Websites and benefits from all legal rights recognized by authors, according to Romanian and international legislation. Unless otherwise specified, all materials, including images, illustrations, designs, icons, photos, audio/video clips, etc., are the property of ECOSOLARIS SERVICES SRL or are licensed by ECOSOLARIS SERVICES SRL to be used. The registered trademarks used on the website www.ecosolaris.ro are the property of the owners of the respective trademarks.
Licenses to use
ECOSOLARIS SERVICES SRL will grant a limited license to access/visit the Site, without the possibility to modify it without an agreement from ECOSOLARIS SERVICES SRL. This license does not include:
- The resale or use for commercial purposes of the information presented on the Site;
- Downloading or copying information related to user accounts;
- Use of data mining techniques, robots or similar technologies that enable data extraction and analysis.
ECOSOLARIS SERVICES SRL will grant you a limited, revocable and non-exclusive license to create a hyperlink to the home page of the Site, so long as this link does not describe ECOSOLARIS SERVICES SRL or any of its partners/affiliates in a false, misleading or disparaging manner. The license granted will not allow the use of the ECOSOLARIS SERVICES SRL brand within this hyperlink without the prior written consent of ECOSOLARIS SERVICES SRL. [#$$#]
The content of the Sites, in whole and/or in part, cannot be reproduced, duplicated, copied, resold, visited or exploited for commercial purposes without the prior written consent of ECOSOLARIS SERVICES SRL.
Brands
The use of the ECOSOLARIS SERVICES SRL or ecosolaris.ro domain or name, in direct or hidden form (such as, but not limited to, meta tags or other indexing techniques, web search) without the prior written permission of ECOSOLARIS SERVICES SRL is prohibited and punishable by law. Their unauthorized use immediately revokes the licenses granted by ECOSOLARIS SERVICES SRL, in accordance with the above.
Terms of Use and Warranties
The information published on our site corresponds to the reality at the time of their registration on the Site or when the various pages of the Site are updated. ECOSOLARIS SERVICES SRL periodically scans the site and servers for viruses, but cannot guarantee that the Site, the servers on which it is hosted or the emails sent from ecosolaris.ro are free of viruses or other potentially harmful computer components. The user uses the Site at his own risk, ECOSOLARIS SERVICES SRL being free from any responsibility for any direct or indirect damages caused by the use or access/visiting of the Site or as a result of the use of the information on the Site. ECOSOLARIS SERVICES SRL is not responsible for errors or omissions that may occur in the drafting or presentation of materials on the Site. ECOSOLARIS SERVICES SRL does not grant any kind of guarantee for the content and use of this Site.
Security
If you use the Site, you are responsible for ensuring the confidentiality of your access account data, such as your username and password, and you agree to take full responsibility for the activities/actions performed on the Site with your account and password. If you suspect that, for various reasons attributable to you or not, the confidentiality of these access data has been compromised, you will immediately notify ECOSOLARIS SERVICES SRL to block access to the account and to generate a new set as quickly as possible. Performing unauthorized operations on this site and attempting to perform them, including but not limited to: misuse, fraudulent use, unauthorized access, modification, copying of information for the purpose of commercialization, blocking access, etc., will be punished according to the law.
Communications
Users of our Website can send comments, notes, suggestions, ideas or observations regarding the content and structure of the Website, respectively they can ask questions as long as their content is not illegal, obscene, threatening, defamatory, affecting private life, the intellectual property rights of ECOSOLARIS SERVICES SRL or of third parties and which do not contain viruses, do not carry out political/electoral campaigns, commercial requests, chain letters, mass mailings of emails or any other form of spam. You may not use a false email address or impersonate another person or entity. ECOSOLARIS SERVICES SRL reserves the right, but not the obligation, to remove or edit such transmitted information. [#$$#]
By submitting such information, unless otherwise specified, you grant ECOSOLARIS SERVICES SRL and its partners/affiliates a free, non-exclusive, perpetual, irrevocable and sublicensable license/right to use, reproduce, modify, adapt, publish, translate, derive, distribute or display it in any media, worldwide. You grant ECOSOLARIS SERVICES SRL and its partners/affiliates the right to use the name you submitted in conjunction with the information, if they so choose. You represent and warrant that you own or control all rights regarding the information submitted, that it is correct and that its use does not contradict the Terms and Conditions of Use, that it will not cause damage to a third party and that you will fully indemnify ECOSOLARIS SERVICES SRL or its partners/affiliates for all claims resulting from the information thus submitted.
Minors
ECOSOLARIS SERVICES SRL does not sell products and/or services intended for purchase by minors. ECOSOLARIS SERVICES SRL can sell or collect the value of some products/services intended for minors, but purchased by an adult. If you are a minor and access a Site, you may do so only under the supervision of a parent or legal guardian.
Intellectual property rights
ECOSOLARIS SERVICES SRL respects the intellectual rights of others. If you believe that your work has been copied in a way that violates intellectual property rights, please send ECOSOLARIS SERVICES SRL a notification that includes:
- The physical or electronic signature of the person authorized to represent the owner of the property right;
- A description of the copyrighted material that you believe has been infringed;
- An indication of the location on the Site where you believe these rights have been infringed;
- Your address, telephone number and email address;
- A statement on your own responsibility that you are satisfied that the disputed use has not been authorized by the rights holder, the proxy or the law;
- A notarized statement under your own responsibility that you are acting in good faith, that the notice is complete and correct, and that you are the rights holder or are acting on behalf of.
Privacy Policy
ECOSOLARIS SERVICES SRL does not provide or send your data to third parties, except for the purpose of fulfilling the concluded contract. ECOSOLARIS SERVICES SRL may send periodic, but not more than one information per month, offers or price reductions that strictly refer to the products on this website. The user has the possibility to request the cancellation of the account or the refusal to receive information through an email sent to the address of contact@ecosolaris.ro.
Legislation
The terms and conditions of use are subject to Romanian legislation. In the event of a dispute, an amicable solution will first be attempted, within 30 working days from the registration of the complaint at the headquarters of ECOSOLARIS SERVICES SRL. If an agreement cannot be reached within the previously specified term, the court in the same administrative structure as the headquarters of ECOSOLARIS SERVICES SRL will be considered competent.
General terms and conditions of sale:
By placing an electronic or telephone order on the site, the Buyer agrees to the form of communication (telephone or e-mail) through which the Seller conducts its operations. The order will consist of the following documents, in order of importance:
- The order (together with the clear mention of delivery and billing dates) and its specific terms; [#$$#]
- Buyer's Specifications (where applicable);
- General terms and conditions of sale.
If the Seller confirms the order, this will imply full acceptance of the terms of the Order. The acceptance of the order by the Seller is considered completed when there is a verbal (telephone) or electronic (e-mail) confirmation from the Seller to the Buyer, without requiring a confirmation of receipt from the Buyer. The Seller does not at any time consider an unconfirmed order as having the value of a Contract.
Article 3 – Validity
This Agreement enters into force upon confirmation of the Order by the Seller. Confirmation is done by phone or electronically (e-mail). The general terms and conditions of sale will form the basis of the Contract thus concluded, supplemented by the Warranty Certificate issued by the Seller or one of its suppliers.
Article 4 – Extension of the seller's obligations
4.1 The Seller will use its professional and technical knowledge to achieve the result stipulated in the Order and deliver the Goods and Services that meet the Buyer's requirements, needs and specifications;
4.2 The information presented on the Seller's websites is informative and is documented or modified by the Seller according to the Manufacturers' presentation sheets/sites. Also, due to considerations related to space and the coherence of the information structure, the product descriptions may be incomplete, but the Seller makes efforts to present the most relevant information according to the information received from the Producers, so that the product is used within the parameters for which it was purchased;
4.3 Communication with the store - can be done by interacting with it, posting the opinion about the products or communicating through the addresses mentioned in the "contact" column. Opinions or addresses containing insults or inappropriate language will be excluded from the site or ignored. The seller has the freedom to manage the information received, without having to provide justifications for it.
Article 5 – Assignment and subcontracting
ECOSOLARIS SERVICES SRL can assign and/or subcontract a third party for the services related to the fulfillment of the order, with the information of the Buyer, without his consent being necessary. ECOSOLARIS SERVICES SRL will always be responsible to the Buyer for all contractual obligations.
Article 6 – Intellectual and industrial property rights (IPR)
The buyer understands the intellectual property right and will not disclose to a third party or make public (on the Internet or the media), any of the information received from ECOSOLARIS SERVICES SRL.
Also, the names of the sites as well as the graphic signs are registered trademarks owned by ECOSOLARIS SERVICES SRL and cannot be taken over, copied or used without the written consent of the owner.
Article 7 – Privacy – Advertising
All plans, documents and information of any nature provided by the Buyer to ECOSOLARIS SERVICES SRL, including but not limited to the order, will remain the property of ECOSOLARIS SERVICES SRL. They can only be used for the execution of the contract and can be made known only with the written consent of ECOSOLARIS SERVICES SRL and after obtaining a confidentiality commitment from the person who receives them.
No public statement, promotion, press release or any other way of disclosure to third parties will be made by the Buyer regarding the order without the prior written consent of ECOSOLARIS SERVICES SRL. [#$$#]
Article 8 – Penalty terms
If the deadlines for delivery and/or start of the Order cannot be met, ECOSOLARIS SERVICES SRL is obliged to notify the Buyer of the estimated deadline for completing the delivery.
If the Buyer delays the payment of the goods due to his fault within the term provided in the invoice issued by ECOSOLARIS SERVICES SRL, he is obliged to pay a penalty of 0.5% per day of the amount due.
If ECOSOLARIS SERVICES SRL receives erroneous information related to the invoicing or delivery of the products, a new deadline for honoring the order will be established, falling within 3 working days.
The term of completion, if not modified by ECOSOLARIS SERVICES SRL by notifying the Buyer, is 30 days from placing the order.
Article 9 – Billing – Payments
The price, payment method and payment term are specified in the Order. ECOSOLARIS SERVICES SRL will issue an invoice to the Buyer for the Goods and Services delivered, the Buyer's obligation being to provide all the information necessary to issue the invoice in accordance with the legislation in force.
In the case of using components that are not purchased from ECOSOLARIS SERVICES SRL, we do not assume responsibility for compatibility and data.
Article 10 – Risks And Responsibilities
10.1 Delivery
ECOSOLARIS SERVICES SRL undertakes to ship the Goods and Services door-to-door to the Buyer.
10.2 Transport – Packaging
Unless otherwise agreed by ECOSOLARIS SERVICES SRL and the Buyer, ECOSOLARIS SERVICES SRL discharges the risks and responsibilities associated with the Goods and Services at the time of their delivery to the internal courier company with which ECOSOLARIS SERVICES SRL collaborates or to the Buyer's representative.
ECOSOLARIS SERVICES SRL will ensure the proper packaging of the Goods and Services and will ensure the transmission of the accompanying documents.
ECOSOLARIS SERVICES SRL will deliver the Goods and Services on the territory of Romania.
10.3 On-site services
ECOSOLARIS SERVICES SRL can provide, at the express request of the Buyer, services consisting of download, installation, start-up and delivery acceptance. These services will be negotiated directly between ECOSOLARIS SERVICES SRL and the Buyer, regarding the price, terms of payment and terms of their provision.
Article 11 – Acceptance [#$$#]
Acceptance will be made when the Goods and Services conform to the technical characteristics stated in the Order. If the Buyer discovers that the Products delivered or the Services provided do not comply with the technical specifications, then ECOSOLARIS SERVICES SRL will bring the Products and Services into compliance within a maximum period equal to the execution term of the Order, without imposing on the Buyer any costs related to these operations. Also, ECOSOLARIS SERVICES SRL will comply with the provisions of Law 51/2003 for the approval of Government Ordinance no. 130/2000 on the legal regime of distance contracts, which gives the Buyer (only under the conditions of the mentioned normative act) the right to unilaterally terminate the Contract within 10 days, and to receive within 30 days of the unilateral written termination (document signed by the Buyer and sent electronically or by mail with confirmation of receipt) the price of the Contract, conditional on the return of the Goods and Services. ECOSOLARIS SERVICES SRL has the right, when it considers that the Buyer's actions were with bad intention, to request damages to the Buyer, under the terms of the law.
Article 12 – Surplus Goods
Any goods delivered in excess of the quantity specified in the Order may be refused by the Buyer within 7 calendar days of delivery.
Article 13 – Guarantees
In addition to any other guarantees provided by the applicable laws and detailed in the Guarantee Certificate issued by ECOSOLARIS SERVICES SRL, it guarantees the Buyer against any non-conformity that may affect all or part of the Goods and Services, except for normal wear and tear, for a period of 24 months from the date of issue of the sales invoice. Exceptions are consumable products, which do not benefit from a guarantee.
Article 14 – Transfer of Property
Ownership of the Goods and Services will be transferred at the time of payment by the Buyer to the location indicated in the order (understanding by delivery – the signature of receipt of the transport document provided by the courier or the signature of receipt on the tax invoice in the case of deliveries made by the Seller's personnel). In the case of delivery by courier, he is not authorized by the Seller to allow the Buyer to open the parcels before the delivery is signed, but only after the delivery is signed and the eventual payment of their value has been paid. The Seller cannot be held responsible for the contents of the shipped parcels unless it exists in the document concluded by the Buyer and the representative of the courier who made the delivery.
Article 15 – Compliance with Laws and Standards
The Seller shall comply with all laws, regulations and ordinances applicable to its contractual performance, including without limitation the manufacture, assembly, handling, transport, storage, packaging or delivery of the Goods and Services and applicable to health, safety, environment.
Article 16 – Liability
The Seller cannot be responsible for 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.
Promotions are valid while stocks last.
The Seller will be liable if its sub-contractors and/or partners of any kind involved in the execution of the Order do not fulfill any of the contractual obligations. [#$$#]
Article 17 – Breach – Termination
If the seller fails to fulfill its obligations, including during the warranty period, the Buyer shall notify the Seller of this default. An action plan will be validated between the Parties within 3 days of notification.
The Buyer may cancel an Order by email before it has been delivered. Otherwise, the order will be subject to the return of the goods, mentioned on the Seller's websites.
Article 18 – Force Majeure
Neither party shall be liable for failure to perform its contractual obligations if such failure is due to a force majeure event. Force majeure is the unforeseeable event beyond the control of the parties and which cannot be avoided.
Article 19 – Applicable Law – Jurisdiction
This contract is subject to Romanian law. Any disputes arising from the interpretation and execution of this contract will be resolved amicably, and if an agreement is not reached in this way, the competent courts at the Seller's headquarters will be appealed.
Article 20 – Miscellaneous Provisions
If one or more provisions of these TCGV conflict with any legally applicable requirement, said provisions will not be applied and the Parties will try together to agree on new provisions that respect the spirit of the original provisions.
The parties to the contract shall be considered independent contractors and neither party shall have the right or authority to assume or create any obligation for or against the other. The terms and conditions of this contract supersede any prior written or oral understandings between the said Parties relating to the subject matter of this Contract and may not be modified or changed except by written agreement signed by both parties.
Data processing
The fundamental rights regarding the collected data are:
– The right to be informed about how your data is collected and used;
– The right to access the data we have about you;
– The right to request the rectification of the data we have about you;
– The right to request the deletion of the data we hold about you;
– The right to request the sending of your personal data to you or to another operator;
– The right to file a complaint, with reference to the use of your data, to the competent authorities.
Your data is processed in order to fulfill our contractual obligations for the delivery and installation of the products on our website. ECOSOLARIS SERVICES SRL processes your data through shipping partners, payment processors, appointed installers, accounting firms.
Any notification, complaint or request to modify or delete your personal data can be sent to the email address: contact@ecosolaris.ro or at the phone number: +40 31 433 7099.
