1. DEFINITIONS AND TERMS
RestartEnergy – is the commercial name of RESTART ENERGY ONE S. A., legal person of Romanian nationality, having its registered office in Timisoara, Gheorghe Doja Street, No. 11, 2nd floor, office OG-01, Timiș, 300195, having the order number in the Trade Registry J35 / 1297/2015, unique fiscal registration number RO34583200.”
Seller – Restart Energy One SA
Buyer – the individual / legal entity or any legal entity visiting the site or expressing its intention to conclude a contract for the supply of electricity.
Producer: The one that generates electricity. This can be done in several ways, from hydropower plants to nuclear reactors.
Campaign – the action to expose for commercial purposes a number of Services with a limited and predefined volume for a limited period of time set by the Seller.
Contract – represents the distance contract concluded between Seller and Buyer, without the simultaneous physical presence of Seller and Buyer.
- all informationa on the Site that can be accessed, viewed or otherwise accessed by using electronic equipment;
- the content of any email sent to Buyers by the Seller by electronic means and / or any other means of communication available;
- any information communicated by any means by an employee / collaborator of the Seller, the Buyer, according to the contact information, whether specified or not;
- information on the Services and / or tariffs practiced by the Seller in a given period;
- information on Services and / or tariffs practiced by a third party with whom the Seller has signed partnership contracts in a given period;
- seller’s data, or other privileged data.
2. CONTRACTUAL DOCUMENTS
2.1. By registering a request on the Site, the Buyer agrees with the form of communication (by telephone or e-mail) through which the Seller carries out his commercial operations.
2.2. The notification received by the Buyer after the Request has been made has the role of information and does not represent its acceptance. This request is made electronically (by e-mail) or by telephone.
2.3 The request is deemed to have been concluded between the Seller and the Buyer upon receipt by the Seller from the Buyer, by electronic or physical mail, of the supply contract and the related documents.
2.4. The document and information provided by the Buyer on the Site will form the basis of the Contract, in addition to being required a series of requested information from the Client.
3. THE INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
3.1. Content, as defined in the preamble, including but not limited to logos, stylized representations, commercial symbols, static images, dynamic images, text and / or multimedia content presented on the Site, are the exclusive property of Restart Energy, has reserved all rights obtained directly or indirectly (through usage and / or publication licenses).
3.2. Customer / Buyer is not permitted to copy, distribute, publish, transfer to third parties, modify and / or otherwise alter, use, bind, expose, include any Content in any context other than the original purpose of Restart Energy, in addition to the Site, the removal of the Restart Energy’s copyrights on the Content and the participation 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 within the scope of the Document if the Content is not accompanied by a specific and valid user agreement concluded between Restart Energy and this and without any warranty either implicitly or expressly formulated by Restart Energy with reference to that Content.
3.4. Customer / Buyer may only copy, transfer and / or use the Content for personal or non-commercial purposes only if they do not conflict with the provisions of the Document.
3.5. In the event that Restart Energy grants Customer / Buyer the right to use as described in a separate use agreement, a certain content to which the Customer / Buyer has or obtains access under this Agreement, this right extends only to that or those content defined in the agreement, only during its existence or content on the Site or the period defined in the Agreement, under the defined terms, if any, and is not a contractual commitment from Restart Energy to that Customer or any other third party who has / has access to this transferred content by any means and who may or may be harmed in any way from this content during or after the expiration of the use agreement.
3.6. No Content transmitted to the Customer or Buyer by any means of communication (electronic, telephone, etc.) or acquired by accessing, visiting, and / or viewing constitutes a contractual obligation from Restart Energy and / or the employee / which mediated the transfer of Content, if any, to that content. 3.7. Any use of the Content is forbidden for any purpose other than those expressly permitted in this Document or the use consent accompanying it, if it exists.
4. THE CONTRACT
4.1. The Customer / Buyer may make the request for the conclusion of the Contract on the Site, by express request to do so.
4.2. By completing the request, the Buyer agrees that all data provided by the Purchaser required for the contracting process is correct, complete and true at the time the Application is placed.
4.3. By completing the request, the Buyer agrees that the Seller may contact him / her by any means available / agreed by the Seller in any situation where contact with the Buyer is required.
4.4. The Buyer has the right to withdraw from the Contract, respectively to give up 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 fill out a written request to do so.
5.1. Restart Energy will keep the confidentiality of any kind of information you provide. Disclosure of the information provided may only be made under the conditions set out in this document.
5.2. No public statement, promotion, press release, or other disclosure to third parties will be made by the Customer with respect to the Contract without the prior written consent of the Seller.
5.3. By transmitting 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 these materials or information. You also agree that the Seller may freely use for your own benefit such information, ideas, concepts, know-how or techniques that you have sent us through the Site. Restart Energy will not be subject to obligations regarding the confidentiality of the submitted information, unless the legislation in force provides for further specification in this respect.
6.1. The Restart Energy newsletters are transmitted through specialized and agreed partners of Restart Energy. This ensures confidentiality and security of information.
6.2. When Customer creates an Account on the Site, he or she has the possibility to express their consent to receive Newsletters.
The customer may change his / her 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. Discontinuing the receipt of the Newsletters does not imply the waiver of your acceptance of this Document.
7. INVOICING – PAYMENT
7.1. Service prices are displayed within the site in your client account and include T.V.A. according to law.
7.2. The price, method of payment and payment term are specified in each contract. The Seller will issue to the Buyer an invoice for the delivered Services, the Buyer’s obligation being to provide all the information required for issuing the invoice in accordance with the legislation in force.
7.3. The Seller will provide the Purchaser with an invoice relating to the Consumption according to the Contract in electronic format, by adding the invoice to the Buyer’s Account or by e-mail, to the e-mail address mentioned by the Buyer in his / her Account.
7.4. In order to correctly communicate the service invoice, the Buyer has the obligation to update his account data every time and to access the related information and documents existing in the Account.
7.5. By this way of communication, the Purchaser, accessing his Account, will have a record of the bills issued by Restart Energy, and can save the archive in turn at any time and in any way they wish and consult the consumption history recorded in place / places of consumption.
8. SERVICES DELIVERY
8.1. The Seller undertakes to deliver according to the legislation in force the services stipulated by the Contract at the agreed prices.
9.1. Seller may not be liable for damages of any kind that the Purchaser or any third party may suffer as a result of Seller’s performance of any of its obligations under the Agreement and for damages resulting from the use of the Service after delivery.
9.2. By creating and using the Account, the Customer / User / Buyer assumes responsibility for maintaining the confidentiality of account data (user and password) and for managing account access and, to the extent allowed by applicable law, is responsible for the activity performed through the Account or .
9.3. By creating the Account and / or using the Content, the Customer / User / Buyer expressly and unambiguously accepts the Terms and Conditions of the Site in the latest updated version that is communicated within the Site, existing at the time of creating the Account and / or using the content and or on the placement of the Order.
9.4. Subsequent to the creation of the Account, use of the Content is equivalent to accepting the changes made to the Site Terms and Conditions and / or updated versions of the Site Terms and Conditions.
9.5. Site Terms and Conditions may be changed at any time by Restart Energy, which is opposed to Customers / Users / Buyers from the date of entry into the Site. Accepting the Site Terms and Conditions is confirmed by checking the appropriate checkbox on the Site and / or sending the Order and / or making an online payment.
10. PROCESSING OF PERSONAL DATA
10.1. Restart Energy One is registered with the Personal Data Processing Register.
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, modified and completed, Restart Energy has the obligation to administer the personal data provided only safely and for the specified purposes only.
10.3. The purpose of data collection is:
– informing Clients / Buyers about the situation of their Account including monthly validation, dispatch and invoicing or for solving any problems that may arise,
– sending periodic newsletters and / or alerts, using electronic mail (e-mail, SMS)
– market research.
10.4. By filling in the data in the account creation form and / or by expressly accepting the Purchaser, he declares and accepts unconditionally that his or her personal data are included in the Restart database, expressly and unambiguously agrees that all such personal data be stored, used and processed for the purpose set out in point above.
10.5. By reading the Document, you are aware that you are guaranteed the rights provided by the law, namely the right to information, the right of access to data, the right to intervene, the right of opposition, the right not to be subject to an individual decision, the right to address justice in case of violation of the rights guaranteed by the Law 677/2001 for the protection of individuals with regard to the processing of personal data and the free circulation of such data.
10.6. Also, Restart Energy may provide the personal data of the Buyer to other companies with which it is in partnership, but only on the basis of a confidentiality commitment on their part and only for the purposes mentioned in point 16.3, which guarantees that these the data is kept secure and that the provision of such personal information is made in accordance with applicable law as follows: courier service providers, marketing service providers, payment / banking services, telemarketing or other services provided by companies with which we can develop joint programs of market offer of our goods and services, insurers.
11. MAJOR FORCE
11.1. Neither party shall be liable for non-performance of its contractual obligations if such non-performance on a timely basis and / or appropriately, wholly or in part is due to a force majeure event. Force majeure is the unpredictable event beyond the control of the parties and can not be avoided.
11.2. If within 15 (fifteen) days of its occurrence, that event does not cease, each party shall have the right to notify the other party of the termination of the Contract without one of them being able to claim the other damages.
12. APPLICABLE LAW – JURISDICTION
The concluded supply contract is subject to Roman law. Any disputes arising between RESTART ENERGY and Clients / Buyers will be solved amicably or, if this is not possible, the litigation will be settled by the competent Romanian courts in Bucharest.
13. GENERAL INFORMATION CONCERNING THE CHANGE OF THE ELECTRICAL
Manufacturer: The one that generates electricity. This can be done in several ways, from hydropower plants to nuclear reactors.
Distributor: The one who takes the energy from the producer and takes it to the homes of the people. It is responsible for infrastructure and networking.
Supplier: Provides energy to the end consumer, collects the money and distributes it to the manufacturer and distributor.
ANRE – National Regulatory Authority for Energy: It has the role of protecting and informing the consumer and ensuring that the manufacturer, the distributor and the supplier comply with their commitments.
Starting July 1, 2007, when the energy market became competitive, all customers have the right to opt for a free electricity supplier. The consumer analyzes the energy market options, requests offers from multiple suppliers and selects the most advantageous offer for him.
The change of the electricity supplier by the final customer is made in accordance with ANRE Order no. 105/2014, being a free trial and not involving technical changes.
Although the provider changes, the Distribution Operator remains the same and there are no power interruptions. The quality and continuity of energy remain unchanged.