Terms & Conditions
Definitions and Terms
Seller – ENSYS RENEWABLE SOLUTIONS SA, a Romanian legal entity, with its headquarters in Oradea, Bicazului Street No. 6-8, registered in the Trade Register under No. J5/132/2006, unique fiscal registration code RO18306569.
Client – can be any individual who is over 18 years of age or gains access to the CONTENT through any means of communication provided by ENSYS RENEWABLE SOLUTIONS SA (electronically, by phone, etc.) or based on an existing user agreement between ENSYS RENEWABLE SOLUTIONS SA and completes the data in the provided form.
User – any individual registered on the Site who, by completing the Account creation process, has agreed to the specific clauses of the website in the General Terms and Conditions section.
Loyalty code – a pseudonym received by each Client upon registration. It consists of the surname and registration number. Example: Popescu188
Order – an electronic document that serves as a form of communication between the Seller and the Buyer, through which the Client transmits their intention to purchase Goods and Services from the Site to the Seller.
Goods and Services – any product or service listed on the site, including the Goods mentioned in the Order, which will be provided by the Seller to the Client as a result of the concluded Contract.
Campaign – the action of commercially promoting a finite number of Goods and/or Services with limited and predefined stock, for a limited period of time determined by the Seller.
Contract – represents the distance contract concluded between the Seller and the Buyer, without the simultaneous physical presence of the Seller and the Client.
Content
● all the information on the Site that can be visited, viewed, or otherwise accessed through the use of electronic equipment;
● the content of any email sent to Buyers by the Seller through electronic means and/or any other available means of communication;
● any information communicated by an employee/associate of the Seller to the Client, according to the contact information provided or not provided by the Client;
● information regarding the Goods and/or prices practiced by the Seller in a specific period;
Period
● information regarding the Goods and/or Services and/or prices practiced by a third party with whom the Seller has partnership contracts in a specific period;
● data relating to the Seller or other privileged data of the Seller.
Commercial Communications – a periodic means of electronic communication, including but not limited to email/SMS/telephone/mobile push/web push, etc., containing general and thematic information, information regarding similar or complementary products to those purchased, information regarding offers or promotions, information regarding Goods and Services added in the “My Account/Shopping Cart” section or the “My Account/Favorites” section, as well as other commercial communications such as market research and opinion polls.
Transaction – the collection or refund of a sum resulting from the sale of a Good and/or Service by ENSYS RENEWABLE SOLUTIONS SA to the Client, using the services of a card processor approved by the Seller, regardless of the delivery method.
Specifications – all specifications and/or descriptions of the Goods and Services as specified in their description.
1 Contractual Documents
1.1 By placing an Order on the Website, the Buyer agrees to the form of communication (telephone or email) through which the Seller conducts its commercial operations.
1.2 The notification received by the Buyer after placing the Order is for informational purposes only and does not constitute acceptance of the Order. This notification is sent electronically (via email) or by phone.
1.3 For justified reasons, the Seller reserves the right to modify the quantity of Goods and/or Services in the Order. If the quantity of Goods and/or Services in the Order is modified, the Seller will notify the Buyer at the email address or phone number provided to the Seller when placing the Order and will refund the paid amount.
1.4 The Contract is considered concluded between the Seller and the Buyer upon the Buyer’s receipt of the notification of Order dispatch from the Seller, sent via email and/or SMS.
1.5 The document and information provided by the Seller on the Website will form the basis of the Contract.
2 Online Sales Policy
2.1 Access for placing an Order is granted to any Customer who meets the mandatory requirements of the CASA VERDE program.
2.2 Registration on the ENSYS RENEWABLE SOLUTIONS SA list does not guarantee obtaining financing for the Casa Verde program.
2.3 The Customer who has completed the registration form and paid the registration fee will receive a registration number. This number guarantees the order of submission of registration documents within the Casa Verde 2021/2022 program. The registrations will be processed in the order of the registration number.
For justified reasons, ENSYS RENEWABLE SOLUTIONS SA reserves the right to restrict the Customer’s access to placing an Order and/or to certain accepted payment methods, if it considers that the Customer’s conduct or activities on the Site could potentially harm ENSYS RENEWABLE SOLUTIONS SA in any way. In any of these cases, the Customer can contact the Customer Relations Department of ENSYS RENEWABLE SOLUTIONS SA to be informed about the reasons that led to the application of the aforementioned measures.
2.4 Communication with the Seller can be done through direct interaction with them or through the addresses mentioned in the “contact” section of the Site. The Seller has the freedom to manage the received information without being required to provide justifications for this.
2.5 In case of an unusually high volume of traffic originating from an internet network, ENSYS RENEWABLE SOLUTIONS SA reserves the right to request Customers/Buyers to manually enter captcha validation codes in order to protect the information within the Site.
2.6 ENSYS RENEWABLE SOLUTIONS SA may publish on the Site information about Goods and/or promotions practiced by them or by any other third party with whom ENSYS RENEWABLE SOLUTIONS SA has partnership agreements, for a certain period of time and subject to stock availability.
2.7 All prices related to Goods and/or Services presented on the Site are expressed in Romanian lei (RON) and include VAT.
2.8 Price offers are informative and will be updated at the time of contract signing. The offered prices may be subject to change due to the applied commercial strategy and fluctuations in energy-related raw material prices.
2.9 In the case of online payments, the Seller is not and cannot be held responsible for any additional costs incurred by the Buyer, including but not limited to currency conversion fees applied by the issuing bank of their card, if the issuing currency differs from RON. The responsibility for this action lies solely with the Buyer.
2.10 All information used for the description of Goods and/or Services available on the Site (static/dynamic images, multimedia presentations, etc.) does not constitute a contractual obligation from the Seller. They are solely used for presentation purposes.
3 Assignment and Subcontracting
3.1 The Seller may assign and/or subcontract a third party for Services related to fulfilling the Order, with the Client’s notification, without requiring their consent. The Seller will always remain responsible to the Buyer for all contractual obligations.
3.2 By signing the financing request, I agree that my project will be submitted by ENSYS RENEWABLE SOLUTIONS SA and its partners, partners who meet the conditions imposed by the Environmental Fund Administration through the Funding Guide, as well as the Validated Installer status within the Program for the installation of photovoltaic systems for electricity production, in order to cover the consumption needs and deliver the surplus to the national grid. ENSYS RENEWABLE SOLUTIONS SA fully assumes responsibility for the quality and eligibility of the documents submitted through its partners.
3.3 If the project is admitted and it has been submitted through one of ENSYS RENEWABLE SOLUTIONS SA’s partners, the project will be transferred to ENSYS RENEWABLE SOLUTIONS SA through the procedure agreed upon by the Environmental Fund Administration.
4 Intellectual and Industrial Property Rights
4.1 The Content, as defined in the preamble, including but not limited to logos, stylized representations, trademarks, static images, dynamic images, text, and/or multimedia content presented on the Site, is the exclusive property of ENSYS RENEWABLE SOLUTIONS SA, and all rights obtained directly or indirectly in this regard are reserved. 4.2 No Content transmitted to the Client, through any means of communication (electronic, telephone, etc.), or acquired by the Client through access, visitation, and/or visualization constitutes a contractual obligation on the part of ENSYS RENEWABLE SOLUTIONS SA and/or its employee/representative who facilitated the transfer of the Content, if applicable, with respect to that specific content.
5 Order
5.1 The Client can place Orders on the Site by completing the form and selecting the desired product, and then completing the Order by making payment through one of the expressly indicated methods. Once a product is selected, it is available for purchase as long as there is stock available.
5.2 By finalizing the Order, the Client agrees that all data provided by them, necessary for the purchase process, is correct, complete, and true at the time of placing the Order.
5.3 By finalizing the Order, the Buyer consents that the Seller may contact them, through any available/agreed means, in any situation where contacting the Client is necessary.
5.4 The Seller may cancel the Order placed by the Buyer, following prior notification to the Client, without any subsequent obligation of either party towards the other or without either party being able to claim damages from the other in the following cases:
5.4.1 Non-acceptance by the issuing bank of the Client’s card transaction in the case of online payment;
5.4.2 Invalidating the transaction by the card processor approved by ENSYS RENEWABLE SOLUTIONS SA, in the case of online payment;
5.4.3 The data provided by the Client/Buyer on the Site is incomplete and/or incorrect;
5.4.4 The Client does not meet the requirements of the Casa Verde program.
5.5 The Buyer has the right to withdraw from the Contract and renounce the product within 24 hours from the issuance of the invoice, without invoking any reason, but an amount of 200 Lei representing the registration and processing fee will be retained.
5.6 If the Buyer decides to withdraw from the Contract, they must submit a request to casaverde@ensys.com.ro.
5.7 If the Client requests to withdraw from the Contract within the deadline set in Article 5.5 of contract withdrawal, and if the Order has been paid, the Seller will refund the amount within a maximum of 60 days from the date the Buyer informs the Seller of their decision to withdraw from the Contract. The refund will be made as follows:
5.7.1 For Orders paid with an online card payment -> through a refund to the account from which the payment was made or by issuing a voucher, at the Client’s choice;
5.7.2 For Orders paid with Cash on Delivery/Bank Transfer/Card payment -> through a bank transfer or by issuing a voucher, at the Client’s choice;
5.7.3 For Orders paid with consumer credit -> cancellation/recalculation of the installment contract.
5.8 The Seller may postpone the refund until the receipt of the sold Goods or until receiving proof that they have been dispatched if they have not offered to retrieve the Goods themselves (the later date will be considered).
5.8.1 Information regarding the product characteristics is available on the product pages of our Site. From a legal perspective, the content of the Site does not constitute an offer for a purchase contract but a presentation of our offers. Therefore, if you place an order through our Site, your order constitutes an offer to purchase a product listed on this Site. Your order is followed by our acceptance, as described below.
5.8.2 An order can only be placed through our Site. To do so, you will go through a simple process, at the end of which you will confirm the order by pressing the “finalize order” button. The button will clearly indicate that placing the order implies your obligation to pay. Before confirming the order, you will always be informed of the total price to be paid, and you will always have the opportunity to check and, if necessary, correct the order.
5.8.3 After placing an order, you will receive an email confirming the receipt and registration of your order (“Order Receipt/Confirmation”). This does not mean that this order has been accepted. As established above, your order constitutes an offer to purchase a product listed on our Site. All orders are subject to acceptance by us. The contract between you and us will be formed only after we accept your order. The contract will only refer to the situation where you have been accepted as a customer. In this situation, you will receive a proforma invoice. The contract is considered secured once payment is made.
6 Loyalty Program for the Casa Verde 2021/2022 Program
6.1 Each client who registers in the Casa Verde program, upon explicit request, will be allocated a discount code consisting of their last name followed by the registration number. No intermediate elements such as spaces or punctuation marks will be used. Example: Popescu76.
6.2 Each client who registers in the program has the possibility to enter a discount code authorized in advance by ENSYS RENEWABLE SOLUTIONS SA. This code will grant them a discount.
6.3 The discount code represents a loyalty program for individuals who wish to promote ENSYS RENEWABLE SOLUTIONS SA products. Each new client who enters the loyalty code will receive a discount. Loyalty bonuses are granted to individuals or legal entities who bring in a minimum of 10 clients. Additional bonuses will be awarded based on the number of clients brought in, as follows:
| Number of beneficiaries | LOYALTY BONUS |
|---|---|
| 10-50 | 100 RON/pers |
| 50-100 | 100 RON/pers |
| 100-500 | 100 RON/pers |
| Peste 500 | 100 RON/pers |
6.4 The loyalty program is valid exclusively for beneficiaries validated by AFM (Administration of the Environmental Fund) who have completed all the steps of the program.
7 Order for the CASA VERDE 2021/2022 program
7.1 The Client can place Orders on the Website by completing the form and selecting the desired product, and then completing the Order by making payment through one of the specified methods. Once a product is selected, it is available for purchase as long as it is still in stock.
7.2 By finalizing the Order, the Client agrees that all data provided by them, necessary for the purchase process, is accurate, complete, and true at the time of placing the Order.
7.3 By finalizing the Order, the Buyer agrees that the Seller may contact them, through any available/agreed means of communication, in any situation where contact with the Client is necessary.
7.4 Registering with ENSYS RENEWABLE SOLUTIONS SA does not guarantee obtaining financing for the Casa Verde program.
7.5 The Client who has completed the registration form and paid the participation fee will receive a registration number. This number guarantees the order of submitting the registration documents within the Casa Verde 2021/2022 program. The registrations will be processed in the order of the registration numbers.
7.6 After registration, the client is obliged to submit the documents within the agreed deadline and comply with the validity period of the documents.
7.7 ENSYS RENEWABLE SOLUTIONS SA will review the existence and accuracy of the documents and data provided, and will notify the Client of the situation. ENSYS RENEWABLE SOLUTIONS SA WILL NOT VERIFY their legal status. Any problems leading to the rejection of the file due to legal issues (accuracy and errors in the land register extract or other documents, additional supporting documents in specific situations) are not the fault of ENSYS RENEWABLE SOLUTIONS SA.
7.8 If AFM (Administration of the Environmental Fund) requests additional documents, the client will be notified and will be required to provide clarifications within 3 days to be uploaded in the application.
7.9 If AFM rejects the application, within 3 days of the decision, the Client will be required to submit the documents requested by ENSYS RENEWABLE SOLUTIONS SA if requested to appeal against AFM’s decision.
7.10 If AFM rejects the Client’s application, the Client is obliged either to sign the appeal filed on their behalf by ENSYS RENEWABLE SOLUTIONS SA against the rejection decision issued by AFM, or to provide, within the legal term of 5 days from receiving the rejection decision, proof to ENSYS RENEWABLE SOLUTIONS SA of their personal or authorized representative’s registration of the appeal with AFM. In case of non-compliance, the Client waives any claims against ENSYS RENEWABLE SOLUTIONS SA, which will be released from any past and future obligations towards the Client.
7.11 For Clients who have been accepted into the program, a technical project will be prepared to obtain the Technical Connection Approval from the Distribution Operator. The technical project will be agreed upon with the operators. If documents related to the municipality (urban planning certificate, etc.) are required, the Client will be responsible for obtaining them. The authorization file will be sent to the Client by courier for submission to the relevant Distribution Operator.
7.12 Once the Technical Connection Approval is issued, it will be sent to ENSYS RENEWABLE SOLUTIONS SA to be uploaded in the AFM application and endorsed by them. The costs related to the Technical Connection Approval and endorsement are the responsibility of the Client. Once the application is approved, another contract will be signed between the Beneficiary, ENSYS RENEWABLE SOLUTIONS SA, and AFM for the subsequent stages.
8 Confidentiality
8.1 ENSYS RENEWABLE SOLUTIONS SA will maintain the confidentiality of any information you provide. Disclosure of the provided information will only be made under the conditions stated in this document.
8.2 No public statement, promotion, press release, or any other form of disclosure to third parties shall be made by the Client regarding the Order/Contract without the prior written consent of the Seller.
8.3 By transmitting information or materials through this website, you grant the Seller unrestricted and irrevocable access to them, with the right to use, reproduce, display, modify, transmit, and distribute these materials or information. You also agree that the Seller may freely use, for its own interest, such information, ideas, concepts, know-how, or techniques that you have sent us through the website. ENSYS RENEWABLE SOLUTIONS SA shall not be subject to obligations of confidentiality regarding the information sent, unless otherwise specified by applicable law.
9 Commercial Communications
9.1 The Buyer/User can modify their consent to receive Commercial Communications containing general and thematic information, including information about offers or promotions, at any time, as follows:
9.1.1 By accessing the unsubscribe link displayed in the Commercial Communications received from the Seller, or
9.1.2 By contacting the Seller.
9.1.3 Opting out of receiving Commercial Communications does not imply renouncing the consent given for this document.
The Client/User can unsubscribe from the Commercial Communications mentioned above at any time by accessing the unsubscribe link displayed in the commercial messages received from the Seller or by contacting the Seller in this regard.
Furthermore, to improve the range of Goods and Services and the purchasing experience, we may use your data to conduct market research and opinion surveys. The information obtained from these market research and opinion surveys will not be used by us for advertising purposes, but only for the purposes mentioned above. Your responses to market research and opinion surveys will not be associated with your identity, transmitted to third parties, or published. You can object to the use of your data for market research and opinion surveys at any time by accessing the unsubscribe link displayed in the message or by contacting the Seller.
10 Invoicing – Payment
10.1 The prices of Goods and Services displayed on the website www.casaverde.ensys.com.ro include VAT according to the applicable legislation.
10.2 The price, payment method, and payment terms are specified in each Order. The Seller will issue an invoice to the Buyer for the delivered Goods and Services, and it is the obligation of the Client to provide all the necessary information for issuing the invoice in accordance with the applicable legislation.
10.3 The Seller will send the Client the invoice related to the Order containing Goods and/or Services sold by ENSYS RENEWABLE SOLUTIONS SA, as well as any other payments related to the Order, exclusively in electronic format, by sending the invoice via email to the address provided by the Buyer in the order form.
10.4 Through this communication method, the Buyer will have a record of the invoices issued by ENSYS RENEWABLE SOLUTIONS SA and can save and archive them at any time and in any desired manner.
10.5 By submitting the Order, the Buyer agrees to receive invoices in electronic format by adding them by ENSYS RENEWABLE SOLUTIONS SA to their Account or via email to the address provided in the order form.
10.6 The payment card details of the Client/User/Buyer will not be accessible to ENSYS RENEWABLE SOLUTIONS SA, nor will they be stored by ENSYS RENEWABLE SOLUTIONS SA or the payment processor integrated into the Site, but only by the Transaction authorization institution or another entity authorized to provide card identification data storage services, whose identity the Client/User/Buyer will be informed of prior to entering the data.
The authorized entity to provide card data storage services is NETOPIA S.R.L., with its registered office at Bd. Pierre de Coubertin Nr. 3-5, Office Building, 4th Floor, Sector 2, Bucharest, 021901, Romania, registered with the Trade Registry under no. J40/9170/04.07.2003, unique registration code: R15565496.
11 Warranty
11.1 All Goods sold by ENSYS RENEWABLE SOLUTIONS SA are covered by warranty conditions in accordance with the applicable legislation and the manufacturers’ commercial policies. The Goods are new, in their original packaging, and sourced from authorized suppliers for each respective manufacturer.
11.2 In the case of warranty certificates issued by manufacturers, if a defect occurs within the warranty period, the defective Goods should be presented directly at the nearest authorized service center mentioned in the warranty certificate. The authorized service center will assume full responsibility for resolving the warranty claim. The absence of the warranty certificate should be reported within 48 (forty-eight) hours of receiving the goods to the email address casaverde@ensys.com.ro.
12 Refunds for Casa Verde 2021/2022 Program
12.1 Prior to the official start of the AFM – Casa Verde – Photovoltaic Systems program, customers may request a refund of their deposit at any time in accordance with the provisions of Article 5.5.
12.2 The amount of 200 lei representing the registration and processing fee will not be refunded.
12.3 In case the application for the Casa Verde program is rejected due to documentation issues (false documents, incorrect data, etc.) or multiple registrations with different installers, the registration and processing fee will be retained.
13 Liability
13.1 The Seller cannot be held responsible for any damages suffered by the Buyer or any third party as a result of the Seller fulfilling any of its obligations according to the Order, and for damages resulting from the use of the Goods and Services after delivery, especially for their loss.
13.2 By creating and using the Account, the Client/User/Buyer assumes responsibility for maintaining the confidentiality of the Account data (username and password) and for managing access to the Account, and, to the extent permitted by applicable law, is responsible for any activity conducted through the Account.
13.3 Subsequent to the creation of the Account, the use of the Content is considered acceptance of any changes made to the Terms and Conditions of the Site and/or the updated versions of the Terms and Conditions of the Site.
13.4 The Terms and Conditions of the Site may be modified at any time by ENSYS RENEWABLE SOLUTIONS SA, and they become binding for the Clients/Users/Buyers from the date they are displayed on the Site. Acceptance of the Terms and Conditions of the Site is confirmed by checking the corresponding checkbox on the Site and/or by submitting an Order and/or by making an online payment.
13.5 ENSYS RENEWABLE SOLUTIONS SA reserves the right to update the Terms and Conditions at any time, at its own discretion, to take into account legal changes, industry-specific changes, or any other changes that require an update of these terms and conditions. Users will be notified of any changes to the Terms and Conditions via the provided email address. The most recent version of the Terms and Conditions is available on the website www.ensys.com.ro. The Seller recommends that Users read the entire Terms and Conditions and regularly check them. The documents are in effect from the date of the last update.
13.6 ENSYS RENEWABLE SOLUTIONS SA is not responsible for the actions and decisions taken by AFM regarding the Beneficiary.
14 Processing of Personal Data
14.1 Please refer to the Privacy Policy regarding the processing of personal data.
15 Force Majeure
15.1 Neither party shall be liable for the non-performance of its contractual obligations if such non-performance, in whole or in part, is due to a force majeure event. Force majeure is an unforeseeable event, beyond the control of the parties, and which cannot be avoided.
15.2 If, within 15 (fifteen) days from the date of its occurrence, the respective event does not cease, each party shall have the right to notify the other party of the automatic termination of the Contract, without either party being able to claim any further damages from the other.
16 Applicable Law – Jurisdiction
16.1 This Contract is governed by Romanian law. Any disputes between ENSYS RENEWABLE SOLUTIONS SA and Clients/Buyers shall be resolved amicably or, if not possible, the disputes shall be settled by the competent Romanian courts at the seller’s registered office.
* Last updated on the terms and conditions on 30.08.2022.