GENERAL TERMS
applicable to the sale of products supplied by AmonRa Energy AD
I. TRADER. PRODUCTS
Art. 1. These General Terms and Conditions (“General Terms and Conditions”) shall apply in the relations between “AmonRa Energy” AD, a joint-stock company established and existing under the laws of the Republic of Bulgaria, entered in the Commercial Register and the Register of Non-Profit Legal Entities at the Registry Agency, with UIC 206304834, with headquarters in Bulgaria and address of Sofia Region, Stolichna Municipality, P.O. Box 1220, ul. “Lokomotiv”, No 1 (“the Merchant”), with contact details: e-mail – [email protected], tel.: 0700 16886, official website www.amonraenergy.eu (the “Official Website”) and persons who purchase products manufactured or supplied by the Merchant (collectively “Customers” and individually “Customer”), including natural or legal persons. The Merchant and the Clients are collectively referred to as the “Parties” below.
Art. 2. These General Terms and Conditions shall apply in the relations of the Merchant with its Clients as follows:
a) Clients – natural persons who have the status of “consumer” according to § 13, item 1 of the Additional Provisions of the Bulgarian Consumer Protection Act;
b) Clients (natural or legal persons) who carry out commercial activity and have the quality of “traders” within the meaning of Art. 1 of the Bulgarian Commercial Act.
Art. 3. (1) The Trader shall offer for sale the following equipment for photovoltaic plants and installations, manufactured by third parties:
1. photovoltaic panels;
2. inverters (grid, island, hybrid, pump);
3. batteries, cables, structures (for roof and ground) and accessories;
4. charging stations;
5. equipment for electric cars, as well as other products (hereinafter collectively referred to as the “Products” and separately as the “Product”).
(2) The Merchant maintains a product catalog on the Official Website, in the “Product Categories” section.
(3) The type and number of Products that the Client wishes to purchase shall be specified in an individual contract between the Parties.
Art. 4. (1) The relations between the Client and the Merchant shall be settled on the basis of an individual contract and these General Terms and Conditions (“Individual Contract”). In case of discrepancy between these General Terms and Conditions and what is provided for in the individual contract, the agreement shall be in force.
(2) The Merchant may also conclude individual framework contracts for long-term cooperation with its Clients (“Individual Framework Contract”).
II. SUBJECT
Art. 5. The Merchant undertakes to transfer to the Client the ownership of the Products ordered by the Client and to hand them over to the Client in accordance with the agreement between the Parties and the requirements of these General Terms and Conditions. The Client, in turn, undertakes to pay the Merchant the agreed price of the Products.
III. PROCUREMENT
Art. 6. (1) The Client has the right to order Products in one of the following ways:
1. by means of a written order in free text, sent by e-mail to the Merchant.
2. by placing an order through the Official Website of the Merchant;
3. by ordering by phone for contact of the Merchant.
(2) Upon receipt of an order from the Client under the procedure of Para. 1, items 1, 2 or 3, if the Merchant is able to execute the order, he describes the terms of the purchase in a proforma invoice (“Proforma Invoice”) and sends it to the Proforma Invoice to the Client for signature. The proforma invoice contains the following arrangements for the order: Product(s), price, term and method of payment, address and date of receipt of the Product(s), person who will receive and accept the Products for the Client.
(3) The Client shall confirm the acceptance of the Proforma invoice by signing it with a handwritten signature or confirm its acceptance with an electronic statement to the Merchant, signed with an electronic signature (qualified, advanced or ordinary electronic signature), sent to the Merchant by e-mail immediately, but not later than three days from the date of receipt of the Proforma invoice. By confirming the Proforma Invoice, the Client accepts these General Terms and Conditions and undertakes to comply with them.
(43) The Client shall pay the Proforma Invoice no later than three days from the date of its receipt. 3, With its payment of a Proforma invoice, it is considered that the Client accepts the Proforma Invoice and these General Terms and Conditions and undertakes to comply with them.
(4) The Merchant has no obligation to accept and execute each order and has the right not to send a Proforma Invoice, including in case it is unable to deliver the Products requested by the Client.
(5) The Proforma Invoice confirmed by the Parties under Para. 3 or 4 shall have the force of an Individual Contract between the Parties.
Art. 7. (1) The Client can place an order through the Official Website in the following ways:
a) by creating a profile on the Official Page through the “Create an account” function, or
b) by ordering the Products with the status of “guest” (following the instructions on the Official Website).
(2) In both ways under letters “a” and “b” of Para. 1, after selecting the desired products from the “Product Categories” section through the “Add to Cart” function on the Official Page, the Client should click on the field (“checkbox”) “I have read and agree with the terms and conditions of the site”, thus the Client accepts these General Terms and Conditions and undertakes to comply with the provisions therein.
(3) With regard to the terms and conditions for acceptance of the order and the conclusion of an Individual Contract between the Parties, Art. 6.
Art. 8. The Merchant may indicate the circumstance that a specific Product is not available on the Official Website or inform the Client by phone or in another appropriate way.
IV. PRICE AND METHOD OF PAYMENT
Art. 9. The price of the ordered Products is agreed in the Individual Contract.
Art. 10. The unit price of each of the Products is available on the Official Website (“Product Categories” section) and is indicated with value added tax (“VAT”) included.
Art. 11. (1) Unless otherwise agreed, the price of the Products shall be paid in Bulgarian leva, VAT included.
(2) The price of the Products does not include the cost of delivery of the Product to the Customer’s address.
Art. 12. The price of the Products shall be paid by the Client once in full, and the agreed price shall be final and not subject to subsequent amendments, except with the express consent of both Parties.
Art. 13. (1) The payment shall be made by transfer to the bank account of the Merchant, specified in the respective Proforma Invoice, under the following conditions:
1. If the Client has chosen delivery of the purchased Product by courier, the Product shall be delivered to the Client within 5 working days after the amount paid by the Client is credited to the bank account of the Merchant;
2. If the Client has chosen to receive the purchased Product on site at the Merchant’s warehouse, the Client has the right to receive the Product after the amount paid is credited to the Merchant’s bank account (within the Merchant’s working hours).
(2) As an exception, cash on delivery may be agreed in the Individual Contract. In this case, if the Client has requested delivery of the Product by courier, the Client has the opportunity to pay in cash or by bank card the price of the Product upon receipt of the same at the office of a courier company or upon delivery by courier, to the address specified by the Client.
(3) Cash on delivery is possible only if it is explicitly indicated as a method of payment in the Individual Contract and provided that the total price of the purchased Products does not exceed the maximum allowable amounts that can be paid in cash, according to the applicable legislation. The Merchant will notify the Client in case the total price of the products ordered by the Client exceeds the permissible maximums.
(4) In case of overpayment, the Client receives a refund of the amount paid to the bank account through which the payment was made.
(5) The return of funds under the preceding para. 4 shall be made after the Client sends to the Merchant a written notification of the overpayment under the preceding para. 4 by email or notify the Merchant by phone.
V. DELIVERY AND DELIVERY OF THE PRODUCTS
Art. 14. (1) The delivery of the Products may be carried out in the warehouses of the Merchant, at the following addresses:
1. Varna Sofia, 1220, ul. “Lokomotiv” No 1; or
2. Varna Dragoman, ul. “Reños” No 1.
(2) The Parties may agree that the Products shall be delivered by courier to an address specified by the Client.
(3) The Client shall indicate to the Merchant the full name and personal identification number of the person/persons who will appear to receive the Product in the Merchant’s warehouse or respectively, who will accept the courier delivery.
(4) The Merchant has the right to refuse to provide a Product to a person who is not indicated by the Client as a person who has the right to receive the Product under the procedure of Para. 3.
Art. 15. The risk of accidental loss or damage of the Product passes from the Merchant to the Customer at the time of delivery of the Product to the Merchant’s warehouse.
Art. 16. In case the Client has chosen to receive the purchased Product by courier, the risk of loss or damage to the Products passes to the Client from the moment the Products leave the Merchant’s warehouse.
Art. 17. Upon delivery of the Product, the Merchant and the Client sign an Invoice and/or Acceptance and Delivery Protocol to confirm receipt…
Art. 18. (1) In case the Client fails to appear or does not send a representative (pursuant to Art. 14, para. 3 above) to receive the Product at the Merchant’s warehouse on the agreed day of receipt, but not later than 5 working days from the date of issuance of the invoice for the Product, the Client owes the Merchant warehouse costs for each day, in which the Product remains in the warehouse of the Merchant.
(2) Warehouse costs shall be charged according to the current tariff of the Merchant, which shall be published on the Official Website of the Merchant.
(3) In the cases under Para. 1, the risk of loss or damage to the Product passes to the Client on the date on which the Client should have received the Product as agreed between the Parties.
Art. 19. Until the full amount of the price of the purchased Products is received by the Merchant, the Products remain the property of the Merchant. If unpaid Products are handed over to the Client, the Client bears the risk of their loss or damage.
VI. RIGHTS AND OBLIGATIONS OF THE TRADER
Art. 20. The Merchant is obliged to deliver the Product within the agreed period and in accordance with the other requirements of these General Terms and Conditions.
Art. 21. The products must correspond to the description, type, quality, quantity and functionalities specified on the Official Website or agreed in the respective Individual Contract.
Art. 22. The Merchant is obliged to hand over those of the Products in the condition in which they were received by the Merchant from their distributor or manufacturer.
Art. 23. The Merchant is obliged to hand over the Products together with all accompanying documentation attached by their manufacturer, including packaging, instructions for use, etc.
Art. 24. The Merchant is obliged to issue an invoice to the Customer regarding the purchase of the Products.
Art. 25. The Merchant has no obligation to carry out any activities in connection with the installation of the Products. Any installation activities should be organized by the Client in accordance with the best practices, applicable legislation and all manufacturer’s instructions.
Art. 26. In the event that a Product purchased by the Customer is not provided with installation instructions from the respective manufacturer, the Merchant is not obliged to provide such instructions.
Art. 27. The Merchant will indicate information about the prices of the Products on the Official Website and will maintain the same up-to-date information about the availability of the Products.
Art. 28. The Merchant has the right to receive the price of the purchased Products in the amount and according to the terms and conditions agreed with the respective Client.
VII. RIGHTS AND OBLIGATIONS OF THE CLIENT
Art. 29. The Client has the right to receive the purchased Products according to the agreed terms and conditions.
Art. 30. The Client is obliged to pay the Merchant the agreed price of the Products within the period stipulated in the respective Individual Contract.
Art. 31. In case the Client wishes the purchased Products to be delivered to him by courier service, the Client is obliged to indicate an exact delivery address in the Republic of Bulgaria or in one of the following territories outside Bulgaria – the European Union, Serbia, the Republic of North Macedonia, Albania, Kosovo, Moldova and Ukraine.
Art. 32. The Client is obliged to bear the cost of delivering the Products to the address specified by the Client.
Art. 33. The Client is obliged to review the received Products immediately after they are handed over to him.
Art. 34. The Client is obliged to sign the Acceptance and Delivery Protocol, which accompanies the Products. The parties accept that the person under Art. 14, para. 3 of the General Terms and Conditions has the right to review, accept the Products and sign the Acceptance and Delivery Protocol for the Client.
Art. 35. (1) In case the Client finds defects in the Products or any other type of non-compliance of the Products with the terms of purchase agreed between the Client and the Merchant, the Client is obliged to notify the Merchant within 10 (ten) days from the date of receipt of the Products of the existence of the identified defects/discrepancies of the Products with the agreed terms.
(2) The notification under the preceding paragraph may be made in writing at the address of management of the Merchant, or by sending a message to the e-mail address of the Merchant specified in Art. 71, para. 2 below.
(3) In case the Client fails to notify the Merchant of the presence of defects or discrepancies within the time limit under Para. 1 shall be deemed that the Client has approved the Products.
Art. 36. The Client is obliged to provide access to the courier, respectively to appear at the Merchant’s warehouse for the receipt of the purchased Products (depending on the agreed method of delivery of the purchased Products), on the respective agreed date and time.
Art. 37. For the avoidance of doubt, in case the Client is not found within the delivery deadline or refuses to receive a purchased Product unreasonably, the Client owes payment of the full amount of the agreed price, as well as the delivery costs.
Art. 38. If the delivered Product clearly does not correspond to the description available on the Official Website or to the one agreed in the Individual Contract, the Client has the right to request the Merchant to replace the delivered Product with one that meets the requirements within a reasonable time. The term under the previous sentence may not be shorter than 3 (three) months from the date on which the Client has notified the Merchant of the non-compliance.
Art. 39. In case the Client has created a profile on the Official Website pursuant to Art. 7, para. 1, letter “a” above, and accordingly has generated his/her username and password for access to the account, the Client is fully responsible for the protection of the username and password, as well as for all actions performed by him/her or by a third party by using the username and password. The Client is obliged to immediately notify the Merchant of any case of unauthorized access by using his/her username and password, as well as to notify the Merchant whenever the Client has reason to believe that such use exists.
Art. 40. The Client is not entitled to use in commercial activity or in any other way, any objects of protection such as intellectual and industrial property of the Merchant or the manufacturer of the Products, without their explicit, prior, written permission, including any patents, utility models, layouts of integrated circuits, trademarks, industrial designs, copyright or related to copyright, know-how or any other subject matter of intellectual and industrial property protection. The restriction specified in the preceding sentence does not apply to the use of the purchased Products according to their intended purpose.
Art. 41. In case of violation of the obligations of the Clients under the previous article of these General Terms and Conditions, the Client is obliged to compensate the Merchant in full in relation to all damages and lost profits suffered by the Merchant, as well as for sanctions imposed on the Merchant by state authorities or claims directed at the Merchant by third parties (including, but not limited to, claims of the manufacturers of the Products), including for any costs and paid attorneys’ fees incurred as a result of claims filed in connection with the unlawful use by the Client of any materials and information owned by the Merchant or the manufacturers of the Products.
Art. 42. (1) In its relations with the Merchant, the Client undertakes not to load, send, transmit, distribute or use in any way, including when working with the Official Website or in any other way of communication with the Merchant, computer programs (“software”), digital or electronic files, applications or other materials or information, containing (or those that there is reasonable suspicion that they may contain) computer viruses, unauthorized remote control systems (“Trojan horses”), computer codes, or any other materials designed to interrupt, hinder, disrupt or limit the functioning of the Merchant’s computer hardware or software, or the Merchant’s telecommunication facilities, or which are intended to gain unauthorized access to the Merchant’s resources or software.
(2) In case of violation of the obligations under the preceding para. 1., The Client is obliged to compensate the Merchant in full in connection with all damages and lost profits suffered by the latter, as well as for sanctions imposed on the Merchant by state authorities or claims directed at the Merchant by third parties.
VIII. PRODUCTION WARRANTY OF THE PRODUCTS
Art. 43. (1) The Merchant does not provide a commercial warranty and warranty service in connection with the Products.
(2) The liability of the Merchant in respect of defects and inconsistencies in the Products shall be limited to the obligations of the seller of goods provided for in the current Bulgarian legislation.
Art. 44. (1) At their discretion, the manufacturers of the Products may provide a guarantee regarding their quality and normal functioning, and accordingly provide warranty service under certain conditions (“Production Warranty”).
(2) The instructions for use of the Products and the terms of the respective Manufacturing Warranty shall be provided to the Customers upon delivery of the Product, and the Customers shall comply with the instructions and conditions of the Manufacturer.
Art. 45. (1) Customers should direct all their claims regarding the Production Warranty to the respective manufacturer.
(2) The Merchant shall not bear any responsibility for the provision of warranty service under the Production Warranty.
IX. LIABILITY OF THE MERCHANT
Art. 46. To the extent permitted by applicable law, the Merchant shall not be liable for damages caused by non-fulfillment or inaccurate performance of its obligations under these General Terms and Conditions and the Individual Contracts, except in case of non-performance or inaccurate performance due to intent or gross negligence on the part of the Merchant.
Art. 47. The Merchant shall not be liable for loss or damage to the Products that occurred during their delivery and transportation (in cases where the Client has chosen the Products to be sent to him by courier).
Art. 48. The Merchant is not responsible for damages to the Products that occurred as a result of their improper use by the Client.
Art. 49. In case of defects and inconsistencies in the Products, the Client should contact the relevant manufacturer directly to resolve the issue, and the Merchant, if possible, may assist the Client in contacting the relevant manufacturer.
Art. 50. The Merchant is not responsible in cases of false information on the packaging, instructions and any documents attached to the Products by the respective manufacturer.
Art. 51. (1) The Merchant does not provide installation services, is not responsible for the correct and lawful installation of the Products, and is not responsible for damages and defects caused during installation.
(2) The Merchant is not obliged to provide instructions in connection with the installation of the Products.
Art. 52. The Merchant is not responsible for delayed deliveries of a purchased Product when this is due to the manufacturer’s delay in delivering the Product to the Merchant.
Art. 53. The Merchant is not responsible in case at any time the Product desired by the Customer is not in stock and does not assume responsibility at any time to maintain in stock all Products described in the product catalog available on the Official Website.
Art. 54. In case the ordered Product is not available, the Merchant has the right not to send the Client a Proforma invoice in confirmation of the purchase, according to Art. 6 of these General Terms and Conditions.
Art. 55. (1) In the absence of stock of a Product already ordered and paid for by the Client, the Merchant shall notify the Client of the depletion of the respective Product within 7 (seven) business days from the date of establishing the absence by a message to the e-mail address specified by the Client or to the telephone number provided by the Client.
(2) In the cases under Para. 1 of this Member, the Client will be able to choose between a refund of the amount paid by him/her by canceling the purchase of the Product or to be handed over another replacement Product (respectively paying the value of such Product or returning the difference – in case the replacement Product is at a lower price than the original one).
(3) For the avoidance of doubt, in the cases under the preceding paragraphs, the Merchant shall not owe the Client any compensation, penalty or compensation in connection with the exhausted availability of the respective Product.
Art. 56. The Merchant shall not be liable in case a purchased Product cannot be delivered to the Client due to a change in the Client’s address, for which the latter has not notified the Merchant or due to an inaccurate delivery address provided by the Client.
X. FORCE MAJEURE
Art. 57. The Merchant shall not be liable for full and partial non-fulfillment of its obligations arising from these General Terms and Conditions or from the agreements with the Clients in the Individual Contract, when the failure to perform is due to “force majeure”.
Art. 58. Any event of extraordinary nature that occurred after the conclusion of the Individual Contract, which the Merchant could not foresee and does not depend on his will, will be considered force majeure. Natural disasters are considered to be force majeure including, but not limited to, natural disasters – storms, heavy rains, floods, hail, earthquakes, glaciations, drought, landslides, etc. natural disasters, embargoes, government bans, issuance of acts by state authorities, legislative changes, strikes, riots, epidemics, declaration of martial law, state of war or other state of emergency, as well as in non-military crises such as civil unrest; shortage of raw materials; difficult or seriously delayed deliveries, etc.
Art. 59. The Merchant notifies the Clients of the occurrence of force majeure within 30 (thirty) days from the date of occurrence of force majeure.
Art. 60. For force majeure under Art. 57 and 58 above, all cases of delay or non-performance on the part of the manufacturers or suppliers of such Products to hand over or deliver the same to the Merchant are also considered, as a result of which the Merchant is unable to provide the same to the Client.
XI. DEFAULT
Art. 61. (1) In the event that, for reasons for which he is responsible, the Merchant delivers the Product in a condition and/or quantity that does not correspond to the agreement between the Parties, the Client has the right to return the Product to the Merchant and request a refund of the price paid (in case it has been paid in advance).
(2) In the case under Para. 1 The Parties may agree that the Customer shall retain the Product and its price shall be reduced according to the defect/damage in the Product.
Art. 62. (1) In the event that the Client is in arrears in payment of the price or of the due installment for the price of the purchased Products, the Client shall be obliged to pay the entire price immediately, as well as the statutory interest for delay from the date of the delay to the date of the final payment of the price, without the need for the Merchant to send him an invitation for payment.
(2) For the avoidance of doubt, in case the Client unreasonably refuses to receive a purchased Product, the Client owes the full price of the Product as well as the costs of delivery of the same (in case delivery to the Client’s address has been agreed), together with the statutory interest for delay under Para. 1. In addition, the Client owes the Merchant payment of the warehouse costs under Art. 18 of the General Terms and Conditions for each day that the Product remains in the warehouse of the Merchant.
(3) In the cases under the preceding paragraphs, the Merchant shall have the right to terminate the Individual Contract immediately with a notification sent to the Client, and the obligations under the preceding paragraphs shall remain due.
XII. PROCESSING OF PERSONAL DATA
Art. 63. The Merchant processes personal data of the Clients in accordance with the current Bulgarian and European legislation. For more information about the processing of personal data in connection with the Merchant’s activities and in connection with what is described in these General Terms and Conditions, Clients should familiarize themselves with the Merchant’s Privacy Policy, available on the Official Website.
XIII. CHANGES TO THE GENERAL TERMS AND CONDITIONS
Art. 64. (1) The Merchant has the right to unilaterally change or supplement the General Terms and Conditions at any time, and the changes shall enter into force from the date of their publication on the Official Website.
(2) The amendments and supplements to the General Terms and Conditions under the preceding para. 1 shall have effect and bind the parties to existing contractual relations when:
1. The Merchant notifies the Client of the changes in the General Terms and Conditions by publishing them on the website and/or by notifying the Client by e-mail or through another correspondence address of the Client; and
2. The Client does not send an explicit written disagreement with the changes made within 30 days of publication or respectively from the notification.
(3) Within the time limit under Para. 2, above, the Client has the right to explicitly refuse the amended General Terms and Conditions to apply to him/her by sending an explicit written notification to the Merchant by e-mail [email protected] to this effect.
XIV. SIGNING
Art. 65. In the relations between the Merchant and the Client, the advanced and ordinary electronic signature have the force of a handwritten signature.
XV. APPLICABLE LAW. DISPUTES
Art. 66. The current legislation in the Republic of Bulgaria shall apply to these General Terms and Conditions, including with regard to all disputes arising or relating to the interpretation of the same, their invalidity, performance or termination.
Art. 67. The Parties shall endeavour to resolve all disputes between themselves in a spirit of understanding and through negotiations.
Art. 68. In case of failure to reach an agreement, in respect of all Clients for whom the current Bulgarian legislation allows dispute resolution by an arbitration court, all disputes arising from or relating to these General Terms and Conditions, including disputes arising from or relating to their interpretation, invalidity, performance or termination, as well as disputes for filling gaps in the General Terms and Conditions or their adaptation to new circumstances, will be resolved by the Court of Arbitration at the European Court of Law, Sofia. Sofia, in accordance with its Rules for Cases Based on Arbitration Agreements. In case the consideration of a dispute by an arbitration court is not applicable in relation to a specific category of Clients under the applicable law, disputes with them will be resolved by the competent civil court.
XVI. GENERAL PROVISIONS
Art. 69. Each provision of these General Terms and Conditions shall have an independent meaning. The nullity of individual clauses of these General Terms and Conditions or of the individual agreements between the Merchant and the Client shall not lead to the nullity of the entire General Terms and Conditions or of the Individual Contracts.
Art. 70. Unless otherwise expressly stipulated in the Individual Contract, all communications between the Merchant and the Client in connection with the purchase of Products shall be made in writing.
Art. 71. (1) The written form shall be deemed to be complied with when sending messages by e-mail.
(2) For the purposes of these General Terms and Conditions, the contact details of the Merchant are as follows: e-mail – [email protected], tel.: 0700 16 886.
Updated and sent to all current partners and customers on 18.11.2024
APPROVED:
Dimitar Kirilov Beleliev, Executive Director
General Terms and Conditions are published on the Official Website on 18.11.2024.
APPLICATIONS:
1. Sample of a Proforma invoice; – Sample Order_