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General conditions of sale
Given that the user has made a purchase request through the ecommerce site of Gaia Energy, for the purchase of products for the production of electricity from photovoltaic source/ investment solutions for the construction or acquisition of plants for the production of electricity from photovoltaic source.
Given that the Company has all the technical, organizational and economic-financial requirements necessary for the supply of the above products, in compliance with the technical regulations on the production of electricity from alternative sources and in the field of safety at work as indicated by current legislation; for which it is in a position to complete it within the time limits provided for in this contract.
The foregoing premise, accepted by the Parties, shall form an integral and substantial part of this Act and shall constitute its first covenant.
Art. 1 General provisions
The user browsing this area accesses the e-commerce of Gaia Energy srl, accessible by identification with personal ID and password from urlhttps://www.gaiaenergy.it/ecommerce/ .
The navigation and the transmission of a purchase order on the site imply the acceptance of the Conditions and Data Protection Policies adopted by the site indicated therein.
These General Conditions of Sale apply to the sale of products with exclusive reference to purchases made on the site in accordance with the law in force by Gaia Energy srl, via Ferrovie dello Stato snc, 81030 – Gricignano di Aversa (Ce) with VAT number 04874961214.
The user is obliged, before accessing the products provided by the site, to read these General Conditions of Sale which are generally and unequivocally accepted at the time of purchase.
The user is invited to upload and print a copy of the purchase form and these General Conditions of Sale whose terms Gaia Energy reserves the right to change unilaterally and without notice.
Art. 2 These
General Conditions of Sale govern the offer, submission and acceptance of purchase orders for products on Gaia Energy E-commerce and do not govern, instead, the provision of services or the sale of products by subjects other than the seller that are present on the same site via banner links or other hyperlinks.
Before placing orders and purchasing products and services from different parties, we suggest checking their conditions of sale.
Art. 3 Conclusion of the contract
To conclude the purchase contract, you will need to complete the form in electronic format and send it following the instructions.
The contract is concluded when the seller receives the form filled in by the user, after checking the correctness of the data contained.
Once the contract is concluded, the seller takes charge of the order for its processing.
The customer is obliged to pay the price from the moment when the online forwarding procedure will be concluded and in any case no later than 15 days from the date of submission of the order. If payment is not made on the 15th day, the order will lapse.
Purchases made through ecommerce channel will have the right of pre-emption on any other form of order received by the seller.
Art. 4 Registered users
In completing the registration procedures, the user undertakes to follow the instructions on the site and to provide their company and personal data in a correct and truthful manner.
Once registered, the user will receive a confirmation email to the e-mail address provided by him. The first login must be made within 5 days as confirmation of activation of the profile. After this period, in the absence of confirmation, Gaia Energy will be released from any commitment to the user.
The confirmation by first access will in any case exempt Gaia Energy from any responsibility for the data provided by the user. The user undertakes to promptly modify any change in their data at any time communicated.
If the user communicates incorrect or incomplete data or even if there is a dispute by the interested parties about the payments made, Gaia Energy will have the right not to activate or to suspend the service until a remedy of the relative deficiencies.
When you first request a profile to be activated, Gaia Energy will assign the same username and password. The latter acknowledges that these identifiers constitute the system for validating the user’s access to the Services and the only system suitable to identify the user that the acts performed through such access will be attributed to him and will have binding effect in his comparisons.
The user undertakes to maintain the confidentiality of the access data and to keep them with due care and diligence and not to transfer them even temporarily to third parties.
Art. 5 Availability of products
The availability of the products refers to the actual availability of the moment when the user places the order. This availability must however be considered purely indicative because, due to the simultaneous presence on the site of several users, the products may have come to other users before the order confirmation.
If the user requests the cancellation of the order, by terminating the contract, the seller undertakes to refund the amount paid within 30 days from the moment he became aware of the buyer’s decision to terminate the contract.
Art. 6 Products offered
Through the portal ecommerce Gaia Energy markets products and accessories for the installation of photovoltaic systems; transfer of the authorization rights and/ or ownership of plants built or being built for the production of energy from renewable sources.
Art. 7 Payment methods and prices
The price of the products will be as indicated from time to time on the site, unless there is a manifest error.
In case of error, the customer will be notified as soon as possible allowing the confirmation of the order at the right price or cancellation. In any event, the seller shall not be obliged to supply at a lower price than the lower price incorrectly indicated.
The prices shown on the site are excluding VAT and do not include shipping costs. Prices may change at any time. The changes do not concern orders for which the order confirmation has already been sent.
Once selected the products of interest they will be added to the cart. Simply follow the purchase instructions, entering or verifying the required information at each step of the process.
The consideration by bank transfer.
In the case of purchase of authorization rights or ownership rights of a photovoltaic system the payment of the amount will be due as indicated below:
With own resources by bank transfer:
o 50%, in addition to VAT when sending the order, that is within and no later than 15 days from the date of order confirmation;
o 50% at the time of the registration of the property deed.
Payments are always made at the registered office of the Company even if made by authorized agent, bank receipts, wire transfers, bank checks or by acceptance of bills of exchange or drafts.
Art. 8 Delivery
Gaia Energy undertakes shipments throughout Europe. Delivery will be made only to the address indicated by the customer during registration.
Delivery is generally made within the estimated time limit at the time of notification to the customer of receipt of the amount due.
If delivery is not possible, the order will be sent to deposit. In this case a notice will specify the place where the order is located and how to arrange a new delivery. If you are not able to be at the place of delivery at the agreed time, the customer is required to contact the seller to agree on a new delivery date.
If the delivery cannot take place for reasons not attributable to the seller after thirty days from the date on which the order is available for delivery, the will will be assumed to terminate the contract.
Shipping costs are charged to the customer, are explicitly highlighted when sending the confirmation of receipt of the amount due for the purchase of goods/ services.
Art. 9 Withdrawal
In accordance with the legal provisions in force, the purchaser has the right to withdraw from the purchase pursuant to article of art. 52 Right of Withdrawal – Consumer Code – Chapter I of consumer rights in distance contracts and off-premises contracts, has a period of 14 days to withdraw from the contract without having to give any reasons and without having to pay different costs.
Art. 10 Warranty
The guarantees on the products supplied and/or installed are those issued by the manufacturers and/or suppliers of materials and/or systems (photovoltaic modules, inverters, accessories, etc.). The warranty period starts from the delivery of the product regardless of the installation.
the customer may request at the time of conclusion of the contract or even later temporal extensions of the validity of the warranty on the products and provided that this is provided by the manufacturer and applicable.
Art. 11 Limitation of Liability
In no case can the seller be held responsible for any problems in the use of the product and/ or its components caused by a use that does not comply with the information in the relevant technical documentation. It is also excluded any liability of the reseller for the interruption, for the suspension of the usability or for the malfunction of the Product and/or its components, for causes attributable to parties other than the seller.
The seller shall not be liable for any damage suffered by the customer or third parties as a result of the improper use of the product and/or its components by the customer or third parties. The seller may not, in any case, be held liable for damages caused to the customer by activities and/ or equipment of third parties by the same customer responsible for carrying out, on their own or third parties, maintenance, verification of operation or repair of the Product and/or individual components. The seller is not liable in any case for damages resulting from unauthorized access to the property or fires or other events that have not been directly caused by any lack of conformity of the product and/or its components.
In relation to the activities carried out by the SE, the SE may not be called upon to answer:
a) failure to carry out the relevant activities, where this depends on the customer’s unavailability;
b) the damage caused by the customer’s request for the use of an electrical installation that is not suitable for the power of the installed product;
c) the breach by the customer of any provision and/or provision issued by local authorities, condominium regulations and any other relevant administrative and/or urban planning provisions;
d) damage resulting from the customer’s failure to comply with the applicable safety provisions in relation to the maintenance and care of the product and/or its components.
Moreover, the seller cannot be held responsible for cases of force majeure and unforeseeable circumstances.
Art. 12 Processing of personal data
Gaia Energy SRL has always been committed to protecting the privacy of those who access or interact with its structure.
On 27 April 2016, the European Commission presented a Regulation to update the legislation concerning the protection of individuals with regard to the processing of personal data and the free movement of such data.
In compliance with Reg.EU 679/2016, the company has prepared a summary document and a register of processing pursuant to art.30 to track the activities, explain how personal data acquired and/or used for the provision of services rendered are processed in order to allow data subjects to give express and informed consent.
For the different treatments carried out, specific information is drawn up pursuant to art. 13 of the EU Regulation 2016/679. The information and data provided are processed in compliance with the provisions of the Regulation and the confidentiality obligations that inspire the activity of Gaia Energy SRL to the rules of the Regulation, the processing carried out by Gaia Energy SRL is based on the principles of lawfulness, correctness, transparency, limitation of purposes and storage, minimisation of data, accuracy, integrity and confidentiality.
The data controller is Gaia Energy SRL in person of the legal representative pro tempore and can be contacted at the head office in Gricignano di Aversa (CE) at via Ferrovie dello Stato, snc or at e-mail firstname.lastname@example.org.