1. DEFINITIONS AND TERMS
Restart Energy – is the commercial name of RESTART ENERGY ONE S.A., a legal entity of Romanian nationality, with its registered office in Timișoara, Strada Gheorghe Doja, No. 11, floor 2, office OG-01, district Timiș, 300195, with order number in the Trade Register J35/1297/2015, unique tax registration code RO34583200.
Seller – Restart Energy One S.A.
Buyer – natural person/legal person or any legal entity that visits the site or expresses its intention to conclude an electricity supply contract.
Producer – the one that generates electricity. This can be done in several ways, from hydropower plants to nuclear reactors.
Campaign – the act of exposing for commercial purposes, a number of Services, having a limited and predefined volume , for a limited period of time established by the Seller.
Contract – represents the remote contract concluded between the Seller and the Buyer, without the simultaneous physical presence of the Seller and the Buyer.
Seller – Restart Energy One S.A.
Buyer – natural person/legal person or any legal entity that visits the site or expresses its intention to conclude an electricity supply contract.
Producer – the one that generates electricity. This can be done in several ways, from hydropower plants to nuclear reactors.
Campaign – the act of exposing for commercial purposes, a number of Services, having a limited and predefined volume , for a limited period of time established by the Seller.
Contract – represents the remote contract concluded between the Seller and the Buyer, without the simultaneous physical presence of the Seller and the Buyer.
Content
• all information on the Site that can be visited, viewed or otherwise accessed through the use of electronic equipment;
• the content of any e-mail sent to Buyers by the Seller by electronic means and/or any other available means of communication;
• any information communicated by any means by an employee/collaborator of the Seller, the Buyer, according to the contact information, specified or not by him;
• information related to the Services and/or rates charged by the Seller in a certain period;
• information related to the Services and/or rates charged by a third party with whom the Seller has concluded partnership contracts, in a certain period;
• data related to the Seller, or other privileged data of the Seller.
• the content of any e-mail sent to Buyers by the Seller by electronic means and/or any other available means of communication;
• any information communicated by any means by an employee/collaborator of the Seller, the Buyer, according to the contact information, specified or not by him;
• information related to the Services and/or rates charged by the Seller in a certain period;
• information related to the Services and/or rates charged by a third party with whom the Seller has concluded partnership contracts, in a certain period;
• data related to the Seller, or other privileged data of the Seller.
2. CONTRACTUAL DOCUMENTS
2.1. By registering a request on the Site, the Buyer agrees to the form of communication (telephone or e-mail) through which the Seller conducts its commercial operations.
2.2. The notification received by the Buyer, after making the Request, is informative and does not represent its acceptance. This request is made electronically (e-mail) or by telephone.
2.3. The request is considered concluded between the Seller and the Buyer at the moment the Seller receives from the Buyer, via electronic mail or physically, the supply contract and related documents.
2.4. The document and information made available by the Buyer on the Site will form the basis of the Contract, in addition to which a series of information requested from the Customer is required.
3. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
3.1. The content, as defined in the preamble, including but not limited to logos, stylized representations, trade symbols, static images, dynamic images, text and/or multimedia content presented on the Site, is the exclusive property of Restart Energy, its all rights obtained in this regard directly or indirectly (through licenses for use and/or publication) being reserved.
3.2. The Customer/Purchaser is not permitted to copy, distribute, publish, transfer to third parties, modify and/or otherwise alter, use, link to, display, include any Content in any context other than that originally intended by Restart Energy, include any Content outside the Site, removing the signs signifying the copyright of Restart Energy on the Content, as well as participating in the transfer, sale, distribution of materials made by reproducing, modifying or displaying the Content, except with the express written consent of Restart Energy.
3.3. Any Content to which the Customer/Purchaser has and/or obtains access by any means, is subject to the Document, if the Content is not accompanied by a specific and valid user agreement concluded between Restart Energy and it, and without any guarantee implied or expressly made by Restart Energy with reference to that Content.
3.4. The Customer/Buyer may copy, transfer and/or use the Content only for personal or non-commercial purposes, only if they do not conflict with the provisions of the Document.
3.5. If Restart Energy gives the Customer/Purchaser the right to use, in the form described in a separate user agreement, certain content, to which the Customer/Purchaser has or obtains access following this agreement, this right extends only to that or those contents defined in the agreement, only for the period of its existence or those contents on the site or the period defined in the agreement, according to the defined conditions, if they exist and do not represent a contractual commitment on the part of Restart Energy for that Customer or any other third party who has/obtains access to this transferred content, by any means and who may be or is harmed in any way by this content, during or after the expiration of the user agreement.
3.6. No Content transmitted to the Client or Buyer, through any means of communication (electronic, telephone, etc.) or acquired by him by accessing, visiting and/or viewing does not constitute a contractual obligation on the part of Restart Energy and/or the Restart employee/representative Energy that brokered the transfer of Content, if any, against that content.
3.7. Any use of the Content for purposes other than those expressly permitted by this Document or the accompanying user agreement, if any, is prohibited.
4. THE CONTRACT
4.1. The Client/Buyer can make the request to conclude the Contract on the Site, by making an express request in this regard.
4.2. By completing the request, the Buyer agrees that all the data provided by him, necessary for the contracting process, are correct, complete and true at the date of placing the Request.
4.3. By completing the request, the Buyer agrees that the Seller can contact him, by any means available/agreed by the Seller, in any situation in which it is necessary to contact the Buyer.
4.4. The buyer has the right to withdraw from the Contract, respectively to renounce the services provided at any time during the contractual period, without invoking any reason and without incurring any other costs.
4.5. If the Buyer decides to withdraw from the Contract, he will complete a written request to this effect.
5. CONFIDENTIALITY
5.1. Restart Energy will keep any information you provide confidential. The disclosure of the information provided will only be possible under the conditions mentioned in this Document.
5.2. No public statement, promotion, press release or any other form of disclosure to third parties shall be made by the Customer regarding the Contract without the prior written consent of the Seller.
5.3. By submitting information or materials through this site, you grant the Seller unrestricted and irrevocable access to, the right to use, reproduce, display, modify, transmit and distribute such materials or information. You also agree that the Seller may freely use, for its own benefit, such information, ideas, concepts, know-how or techniques that you have submitted to us through the Site. Restart Energy will not be subject to obligations regarding the confidentiality of the information sent, if the legislation in force does not provide for other specifications in this regard.
6. MARKETING
6.1. The Restart Energy newsletters are sent through the specialized partners approved by Restart Energy. Thus, the confidentiality and security of information are ensured.
6.2. When the Customer creates an Account on the Site, he has the opportunity to express his agreement regarding the receipt of Newsletters.
The Customer may change its option regarding the agreement issued to the Seller at any time:
6.2.1. by contacting Restart Energy in this regard.
6.2.2. by accessing the unsubscribe link displayed in the commercial messages received from the Seller.
6.3. Renunciation of receiving Newsletters does not imply renunciation of the acceptance given for this Document.
7. BILLING - PAYMENT
7.1. The prices of the Services are displayed on the website in the customer's account and include VAT. according to law.
7.2. The price, payment method and payment term are specified in each Contract. The Seller will issue an invoice to the Buyer for the Services delivered, the Buyer's obligation being to provide all the information necessary to issue the invoice in accordance with the legislation in force.
7.3. The Seller will send the Buyer the invoice related to the consumption according to the Contract in electronic format, by adding the invoice to the Buyer's Account or by electronic mail, to the e-mail address mentioned by the Buyer in his Account.
7.4. For a correct communication of the invoice related to the services, the Buyer has the obligation to update his Account data whenever necessary and to access the related information and documents existing in the Account.
7.5. Through this method of communication, the Buyer, accessing his Account, will have a record of the invoices issued by Restart Energy, being able to save and archive them in turn or at any time and in any way he wishes and consult the consumption history recorded in the place/places of consumption.
8. DELIVERY OF SERVICES
8.1. The seller undertakes to deliver, according to the legislation in force, the services established by the Contract at the agreed prices.
9. LIABILITY
9.1. The Seller shall not be liable 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 Contract and for damages resulting from the use of the Services after delivery.
9.2. By creating and using the Account, the Client/User/Purchaser assumes responsibility for maintaining the confidentiality of the Account data (user and password) and for managing access to the Account, and, to the extent permitted by the legislation in force, is responsible for the activity carried out through his Account .
9.3. By creating the Account and/or using the Content, the Client/User/Purchaser expressly and unequivocally accepts the Terms and Conditions of the Site in the latest updated version that is communicated within the Site, existing on the date of creating the Account and/or using the content and /or on the date of placing the Order.
9.4. After the creation of the Account, the use of the Content is equivalent to the acceptance of the changes made to the Terms and Conditions of the Site and/or the updated versions of the Terms and Conditions of the Site.
9.5. The Terms and Conditions of the Website may be modified at any time by Restart Energy, and they are binding on Customers/Users/Buyers from the date of their publication on the Website. Acceptance of the Terms and Conditions of the Site is confirmed by ticking the corresponding checkbox on the Site and/or by sending the Order and/or by making an online payment.
10. PERSONAL DATA PROCESSING
10.1. Restart Energy One is registered in the Registry of Personal Data Processing.
10.2. According to the requirements of Law no. 677/2001 for the protection of individuals with regard to the processing of personal data and the free movement of such data, amended and supplemented, Restart Energy has the obligation to administer in safe conditions and only for the specified purposes, the personal data provided.
10.3. The purpose of data collection is:
– informing the Clients/Buyers regarding the status of their Account, including validation, shipping and monthly invoicing or to resolve problems of any nature that may arise;
– sending newsletters and/or periodical alerts, by using electronic mail (e-mail, SMS);
- market research.
10.4. By completing the data in the Account creation form and/or from the express acceptance of the Buyer declares and accepts unconditionally that his personal data will be included in the Restart database, he gives his express and unequivocal consent that all this personal data will be stored, used and processed for the purpose provided above in point 10.3.
10.5. By reading the Document, you have become aware of the fact that you are guaranteed the rights provided by law, namely the right to information, the right to access data, the right to intervene, the right to oppose, the right not to be subject to an individual decision, the right to address justice in case of violation of the rights guaranteed by Law 677/2001 for the protection of individuals regarding the processing of personal data and the free movement of such data.
10.6. Also, Restart Energy may provide the Buyer's personal data to other companies with which it is in partnership, but only on the basis of a confidentiality commitment from them and only for the purposes mentioned in point 10.3., by which it guarantees that these data are kept safe and that the provision of this personal information is done in accordance with the legislation in force, as follows: to courier service providers, marketing service providers, payment/banking service providers, telemarketing or other services, provided by companies with which we can develop joint bidding programs on the market for our Goods and Services, insurers.
11. FORCE MAJEURE
11.1. Neither party shall be liable for failure to perform its contractual obligations if such failure to perform timely and/or properly, in whole or in part, is due to a force majeure event. Force majeure is the unforeseeable event beyond the control of the parties and which cannot be avoided.
11.2. If within 15 (fifteen) days from the date of its occurrence, the respective event does not cease, each party will have the right to notify the other party of the full termination of the Contract without any of them being able to claim other damages to the other.
12. APPLICABLE LAW – JURISDICTION
The concluded supply contract is subject to Romanian law. Any disputes arising between RESTART ENERGY and Clients/Buyers will be resolved amicably or, if this is not possible, the disputes will be settled by the competent Romanian courts in the Municipality of Bucharest.
13. GENERAL INFORMATION REGARDING THE CHANGE OF ELECTRICITY SUPPLIER
Producer: The one who generates the electricity. This can be done in a number of ways, from hydroelectric plants to nuclear reactors.
Distributor: The one who takes the energy from the producer and takes it to people's homes. He is responsible for the infrastructure and network.
Supplier: Delivers the energy to the final consumer, collects the money and distributes it to the producer and distributor.
ANRE – National Energy Regulatory Authority: Its role is to protect and inform the consumer and to ensure that the producer, distributor and supplier respect their commitments.
Since 1 July 2007, when the energy market became competitive, all customers have the right to choose an electricity supplier from the open market. The consumer analyzes the options in the energy market, asks for offers from several suppliers and selects the most advantageous offer for him.
The change of electricity supplier by the end customer is done in accordance with ANRE Order no. 105/2014, being a free process and does not involve technical changes.
Although the supplier changes, the Distribution Operator remains the same and there are no interruptions in supply. Power quality and continuity remain unchanged.