General Terms and Conditions

This General Terms and Conditions (later referenced as GTC) sets the basic terms of the usage of Konstructhor ALL SRL smart home products’ reseller / wholesales web store, available at https://www.kinetic-energy.eu (later referenced as Web Store):

 

    1. Contracting Parties  

The operator of the Web Store (later referenced as: Distributor):

Company name: KONSTRUCTHOR ALL SRL

Registered seat: Romania, 400573 Cluj-Napoca, 53A Teleorman Street.

EU VAT ID: RO33997069

Email: info@kinetic-energy.eu

Customer / User: a private person representing, acting in the name of a corporate entity (such as a company or self-employed professional, with activity of retail reseller, e-retail reseller, electric or smart home installer, integrator or manufacturer) and registering as a user of electronic services of the Web Store.

 

    1. Acceptance of the general terms and conditions

Acceptance of the general terms and conditions is the pre-condition of using the services of the Web Store. Creating a user registration or sending an order is deemed acceptance of the general terms and conditions. Acceptance of GTC does not qualify as a printed contract, is not registered, therefore is not retrievable later.

 

    1. Electronic services

Registration as reseller, creating an account

Sending purchase orders via the Web Store is reserved to registered and approved Customers / Users. During the registration, valid and full data has to entered, with name, title/position, company name and VAT ID, as well as, email address and phone number. Users may add invoice and shipping address data before sending the first order.

The User can use its Account for an undefinity time, at no cost. Users may request deletion of their accounts at any time by sending an email to the Web Store requestion account delete.

Web Store service geographic availability

Web Store’s delivery service is available for registered corporate customers

 

    • with delivery and invoice address in the below EU countries:
      Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, Switzerland;

    • with delivery and invoice address in the below non-EU countries:
      Serbia or United Kingdom.

Complaints and comments related to Electronic Services

You can send your comments and complaints to our customer care via email, or postal mail to our above official addresses. Please do include the circumstances (date and time, identified defects, technical environment (OS with version number, Browser with version number, language settings etc.) into your email, as well as, your User id and your contacts.

Our customer care shall respond as soon as possible, but latest in 10 working days.

 

    1. How to order

4.1 Prices

Distributor product prices displayed on the B2B wholesale web store are EXW prices, and all exclude VAT.

Product prices exclude e.g. cost of shipping to customer address, insurance, export customs process cost and custom fees (if exported to outside of EU), and import custom process costs and fees (if exported to outside of EU).

Some of our products have their prices based on the EUR-USD exchange rates, therefore their unit price may change automatically from time to time, possibly even multiple times per day, based on the exchange rate changes.

All product prices are only valid for actual stock quantities. As product prices are greatly depending on currency exchange rate changes and fast changes of the global shipping costs, Distributor reserves the right to change the prices for backordered items when they arrive to stock and are ready to ship. In case of such price changes of backordered items, Costomer has the right to remove these items from the order.

4.2 Composing an order

In order to compose and send an order, Customers need to log in to the Web Store, navigate, add the required quantities of the products into the Cart, enter and verify shipping and invoicing address, EU VAT number (if any), then send the order. After sending the order, the order data cannot be modified in the Web Store. Data required for ordering: name, invoice name and address, EU VAT number, email address, phone number, products, quantities, delivery address. Sending an order is a free service of the Web Store.

Distributor is only accepting wholesale orders above the minimum order amount of 200 EUR, excl. VAT.

4.3 Payment

Prices shown in the Web Store are defined in EUR and exclude VAT. During the checkout process all prices, including taxes, delivery and other costs are displayed on the checkout page. In accordance with laws, VAT is charged only to EU customers without a valid EU VAT id. The moment, when Customer sends its order on the Checkout page, Customer initiates to conclude a sales contract.

Payment for the products shall be made via EUR bank transfer to Distributor’s bank account. Payment data is included in the confirmation email sent immediately by the Web Store as a receipt confirmation of the Purchase Order. Payment shall be made not later than 5 days after sending the order, or Distributor has the right to cancel the order.

Unpaid orders do reserve stock until they get paid.


4.4 Confirmation of the order

When Customers sends its order, the Web Store sends an immediate and automatic confirmation email with the order data entered and the items ordered, just in order to acknowledge the receipt of the order. The confirmation email is in no way an acceptance or confirmation of the order, nor the acceptance or the sales contract initiated by the Customer. The Purchase Order becomes accepted and sales contract legally created when the Distributor later informs the Customer about the delivery.

Should any changes be made to the order (invoice or delivery address, items or quantities), the Customers should immediately inform the Distributor via email.

In case no change is required, Customer shall make the payment as per the email instructions included in the mentioned receipt confirmation email.

The Distributor shall start delivery as soon as possible after the payment by customer, but no later than 3 working days. When products have been handed over to the courier company, Distributor is sending a notification email about Order Delivery. The contract between Customer and Distributor is established when this email is sent by the Web Store.

Customer accepts that the mentioned contract contains (1) the purchase order, (2) product specifications as described on the Web Store, (3) this GTC’s terms. The contract is deemed a written contract and the  is governed by the regulations of Romania.

In case the Distributor is not able to deliver some products, Distributor shall inform the Customer as soon as possible, and refund any payments already  made after order cancellation.

The Distributor has the right to  refuse the order in case in particular in cases where the Customer has violated the provisions of the GTC during any previous order or has any unpaid debt to the Distributor.

4.5 Delivery

Product delivery is currently only available to certain countries listed in this Terms sheet. The cost of shipping the product will be displayed on the Checkout page before the Customers is sending their order, and are based on favourable shipping terms negotiated by the Distributor for its customers.

The customer may also also chose to use its on own shipping company and pick up the order from Distributor warehouse.

The Distributor delivers the products with the involvement of third party courier companies, chosen and contracted by the Customer. Delivery terms are regulated by the GTC of the courier companies.

With regards to EXW (Ex Works parity), Distributor provides their goods in appropriate packaging and labelling to the carrier company chosen by the Customer. Customer is responsible for risks associated with loading the goods onto trucks, and transferring them to the destination address, meeting customs regulations and pay customs fees, if there is any.

Shipping cost may include insurance in case of certain shipping carriers, according their General Terms and Conditions, possibly with an insurance value limit.

Customer is required to check the integrity of the package upon delivery. In case of damaged packaging, the defect must be recorded on site in the presence of the courier. In the absence thereof, Distributor is not in a position to support or report any such complaints.

4.6 Pre-orders

As a general practice, Distributor sells products from immediately available stock, however, from time to time some products may not be on stock, because

(a) temporarily running out of stock due to increased demand, or

(b) a newly introduced product’s first shippment has not arrived yet.

In any of the cases, order form will normally display that the product is out of stock. Customer may order those products not on stock as a pre-order, as part of his/her regular order sent via the Web Store.

Also, Customers may order more quantity from a product than the actual stock level, displayed on the web site. Such extra quantities are are also considered as pre-orders.

Contrary to regular orders, Distributor has no standard commited delivery date for Pre-Orders, as availability of the missing products is out of its scope and control, and is depending on the manufacturers / suppliers of the products. Usually, pre-orders are delivered within 2-3 weeks, but longer delivery time may happen from time to time, if there is a general shortage of the product in the manufacturer warehouse.

In case the waiting time is longer than 4 weeks, the Customer has the right to cancel its pre-order and ask refund or use the paid amount as a payment for another order.

 

    1. Warranty 

We provide 2 year warranty for all products sold and delivered.

Warranty claims shall be sent to us:

By e-mail: info@kinetic-energy.eu

As part of the warranty claim, please add:

 

    • name of defective product(s)

    • detailes description of the problem reported by the end-customer,

    • photos / videos (if any available) about the defect

The Distributor shall make a statement regarding the notification no later than 14 calendar days after end-user report of the problem . From time to time, it may be to send back the product deliver the product to the address of the Distributor for examination.

 

    1. Right of Withdrawal

Given that this reseller webshop only sells to resellers (companies and other corporate entities), the right of cancellation of orders under this Regulation does not apply to our customers.

 

    1. Ownership

Until the purchase price is paid in full, the Product remains the property of the Distributor. If, however, the Product is in the possession of the Purchaser for any reason, before the full payment of the purchase price, he shall be liable to the Distributor for any damage for which no one shall be liable.

 

    1. Liability

Customer may use the Webshop solely at its own risk and accepts that Distributor shall not be liable for material or non-material damage resulting from its use, beyond liability for deliberate breach of contract and damage to human life, bodily integrity or health.

The Distributor disclaims all responsibility for the conduct of the Webshop users. Buyer is responsible for ensuring that the use of the Webshop does not directly or indirectly violate the rights of third parties or the law. Customer is fully and exclusively responsible for its own behavior, in which case Distributor fully cooperates with the acting authorities to investigate the violations.

The Distributor is entitled, but not obliged, to verify any content made available by Customers through the use of the Webshop, and the Service Provider is entitled, but not obliged, to look for signs of unlawful activity.

Web Store pages may contain links that lead to sites of other companies and service providers. The Distributor is not responsible for their privacy practices and other activities.

Due to the global nature of the Internet, Customer agrees to be bound by the applicable national laws when using the Webshop. If any activity related to your use of the Webshop is not permitted under the laws of the Customer’s state, you are solely responsible for your use.

If the Customers discovers objectionable content on the Webshop, he must immediately notify the Distributor. If the Distributor deems the signal to be justified in good faith, it shall be entitled to immediately delete or modify the information.

 

    1. Final Provisions

The contents of the Web Store, together with texts, graphics, photographs, animated photographs, films, illustrations and in some cases sounds and programs, are the property of Konstructhor All SRL. These contents are protected by copyright. They may only be used with the permission of Konstructhor All SRL. The Service Provider reserves the right to unilaterally modify the GTC, in whole or in part, at any time, with the notice of the user. The GTC and any amendments thereto shall enter into force upon publication.

The General Terms and Conditions contain the general terms and conditions of the legal relationship between the Service Provider and the customer who enters into a contractual relationship with it. With respect to issues not regulated here, the prevailing Romanian laws and regulations governing the operation of the Service Web Store, in particular in the Civil Code, on certain issues of e-commerce services and information society-related services on the detailed rules of contracts between the consumer and the business.