General conditions GROUP ENERGY SL 

 

Article 1: definitions

  • Seller: ENERGY FOR PEOPLE & BUILDINGS (GROUP ENERGY SL), Calle Terasa Bergenza 3 03177 San Fulgencio

  • Buyer: any natural or legal person who purchases a good or service from the seller.


Article 2: applicability

  • The general terms and conditions apply to all offers made by GROUP ENERGY SL.

  • By placing an order, the buyer accepts the general terms and conditions.

  • It is only possible to deviate from the general conditions in writing and explicitly.


Article 3: offers, orders and conclusion of the agreement

  • The offers made by GROUP ENERGY SL are always without obligation and can be changed at any time by the seller without prior notice and without any right to compensation.

  • Unless stated otherwise, an offer expires 30 calendar days after the date of the offer.

  • In the event of annulation, the buyer owes a fixed compensation of 20% of the value of the order


Article 4: delivery and delivery times

  • The seller has fulfilled his delivery obligation by offering the goods to the buyer at the agreed time. The offer for delivery is equated with delivery.

  • Exceeding the term only leads to the seller being in default and cannot give rise to any compensation from the seller.


Article 5: force majeure

  • Force majeure means any circumstance beyond the control of the provider, whether or not foreseeable, which makes it more difficult to fulfill the agreement.

  • It includes shortcomings of transporters and / or suppliers for whatever reason, strikes of personnel or the supply of energy or water, shortage of raw materials, (war) danger, sabotage, flooding, fire or other destruction in factories.

  • In the event of force majeure, the provider is not liable for the resulting damage and the seller can, at his option, suspend the fulfillment of his obligations or terminate the agreement in whole or in part by means of a written statement to that effect, without being obliged to pay any compensation. . In the event of such dissolution, a buyer is not entitled to a refund by the seller of payments in respect of services already performed unless the buyer demonstrates that the services would not benefit from the incomplete performance of the agreement.


Article 6: payment

  • The buyer is, unless explicitly agreed otherwise, obliged to pay the invoices within 8 days after the invoice date in the manner indicated by the seller. Settlement with any claim against seller is excluded.

  • All our invoices are payable in cash at our registered office. The seller retains ownership until full payment.

  • Any objection to an invoice must arrive in writing and by registered letter within 8 days after the invoice date at the registered office of the seller and this on pain of forfeiture.

  • In the event of late payment, the buyer owes an interest of 10% of the invoice amount for each month that the payment period has expired. In addition, a damages clause of 10% is due.

  • The extrajudicial collection costs amount to 10% with a minimum of EUR 500.00


Article 7: liability and indemnity

  • The seller is not liable for damage that the buyer suffers in connection with the agreement concluded, unless the buyer demonstrates that the damage is the direct result of attributable failure or unlawful behavior on the part of the seller.

  • The seller does not accept any liability with regard to advice provided by the seller without an agreement explicitly aimed at providing advice.

  • The seller is under no circumstances liable for indirect damage, including but not limited to business and / or stagnation damage

  • In the event that, notwithstanding the liability exclusions contained in the previous articles, any liability rests with the seller, the seller's compensation obligation will in any case be limited to reimbursement of the invoice amount excluding VAT that the seller has charged the buyer for the relevant agreement. brought.

  • The liability that the offering of works, goods and / or services may incur will be entirely borne by the buyer - principal as soon as they are made available to him.

  • The buyer must indemnify the seller with regard to claims from third parties for compensation in connection with the goods / services supplied by the seller insofar as this damage is not for the account of the seller under the agreement, including the general terms and conditions.

  • The seller is not liable for not achieving the objectives set out in the study agreement. It is a resource commitment from the seller.


Article 8: guarantee

No guarantee is provided by the seller on the goods / services supplied, unless this has been expressly agreed between the parties.


Article 9: applicable law and disputes

  • Spanish law applies to the general terms and conditions and the agreements concluded with the seller.

  • The applicability of the Vienna Sales Convention is expressly excluded.

  • In the event of a dispute, only the court of the district of Alicante has jurisdiction, being the Court of First Instance, the Court of Commerce or the Peace Court of Alicante.