Terms of service

These General Terms and Conditions (hereinafter referred to as "GTC") set out the terms and conditions for the wholesale activities and services of Energrosso Limited Liability Company (hereinafter referred to as "the Company"). The GTC apply to all sales/delivery contracts concluded with customers for the sale of products distributed by the Company, unless otherwise agreed in writing by the parties concerned. These General Terms and Conditions shall enter into force on the date of their entry into force.

 

1. Company details:

a. Company name: Energrosso Ltd.

b. Registered office and mailing address: 1172 Budapest, Pásztó utca 40.

c. Company registration number: 01-09-382171

d. Tax number: 29176328-2-42

e. Community tax number: HU29176328

f. Managing Director: Endre Szenyán

g. Central contact: at our office (1222 Budapest, Méz utca 11), by phone: +36 20 432 1763, by e-mail: info@energrosso.com

 

2. Definition of the scope of activities

Wholesale of solar panels and photovoltaic system components.

 

3. Defining the customer base

The Company's customers are considered to be companies and individual entrepreneurs engaged in the construction of solar systems, whose activities include the installation of electricity, other electrical equipment and solar installation. The Company reserves the right to verify the existence of the scope of activities. The Company confirms that it does not sell goods to natural persons acting outside the scope of their profession, self-employment or business activity in its wholesale trade, and therefore the Government Decree 45/2014 (26.II.26.) on the detailed rules of contracts between consumers and businesses does not apply to legal transactions. Hereinafter referred to as the "Buyer".

 

4. Establishment of the sales/delivery contract

The Customer may place his/her order request with the relevant seller via the dedicated webshop - www.energrosso.hu - as well as by e-mail, telephone or in person. If the ordered goods are in stock, the Seller will issue a quotation or a price request, as requested by the Buyer, which will include the items ordered by the Buyer, their quantity, the price, and in some cases the amount of the advance payment.

If the goods ordered are out of stock and awaiting procurement, the Seller will send the Buyer a letter requesting an advance payment of the agreed amount. In the case of goods which are out of stock and awaiting delivery, payment of the advance shall be a condition for delivery of the goods. No credit line may be used for the advance payment of goods in shortage and awaiting delivery.

The Customer, by paying the fee for the order by the due date, irrevocably accepts the terms, conditions, prices and provisions of the GTC and the order is concluded.

It is the responsibility of the Customer to check the content of the document containing the order after it has been sent. The Buyer shall be liable for any delay or inaccuracy in the delivery of the order.

If the full amount of the fee request is not transferred by the payment deadline, the reservation of the product quantities recorded in the ERP system at the time of the order will be cancelled and the order will be cancelled.

 

5. Prices and pricing

Buyers (wholesale partners) can find our prices in our periodically sent price lists and in our regularly updated webshop. After the new price list is sent out, the previous price lists and promotions are no longer valid.

The price list shows the price of the products in HUF. The price list contains net prices. We also have a parallel price list in euros for those customers who wish to pay in euros. Before ordering, please contact our sales team to discuss the currency.

In the event of a price change, orders already irrevocably accepted in accordance with point 4 shall not be subject to the new prices.

 

6. Accomplishment

The Company shall only be obliged to fulfil an order confirmed in writing by the Company. If, for reasons beyond the Company's control, it is impossible to obtain the goods or if the fulfilment of the order would be disproportionately difficult due to similar circumstances, the Company shall be released from its obligation to deliver for the duration of the circumstances by giving notice to the Customer to that effect.

 

7. Receipt and storage of the goods

Accepted orders can be picked up after consultation with the seller. The goods may be collected by the customer in person at the warehouse or at the consignment warehouse in the countryside, or by delivery to the address indicated by the customer. In the case of personal delivery of the goods, the Company is obliged to provide the necessary personal and material conditions for the delivery of the goods and the Customer is obliged to provide the necessary personal and material conditions for the receipt of the goods. The release of the ordered equipment and goods to customers who are not yet qualified in the Partner Program shall take place only after the payment of the full purchase price, i.e. the receipt of the exact amount in Energrosso's bank account or the activation of a credit line. The defaulting party shall be liable for any adverse consequences resulting from the failure to comply with the obligations under this subsection. In the event of delivery by the Buyer, the Company's performance shall be effected upon delivery to the forwarder/carrier. The freight forwarder/carrier shall be liable for any damage or injury caused during the transport and any handling or insurance procedure shall be the responsibility of the party ordering the transport.

 

8. PastPay

On the www.energrosso.hu webshop, it is possible to pay for the goods purchased at a later date instead of immediately. This is provided through an external financial partner, Péntech Financial Solutions Zrt. In this case, if you select PastPay (factoring) as the payment method on the web interface and Péntech agrees to finance the transaction, the invoice issued by the Service Provider to you will be factored by Péntech, i.e. the Service Provider will purchase your outstanding receivables from you and pay the invoice to the Service Provider on your behalf. In this case, the invoice issued by the Service Provider will already contain the specific legal characteristics of the scheme and the necessary information.

IMPORTANT: After the factoring, your payment obligation to Péntech is exclusively to the Péntech account number indicated on the invoice. Payment must be made no later than the due date of the invoice, otherwise a surcharge of EUR 40 will be charged. By using PastPay, you consent to your contact details (name, email address, telephone number) being transmitted to Péntech. This is mainly necessary in order to send you the information and notifications necessary for the assignment and the payment. Péntech's Privacy Policy here Please find here. In case Péntech does not finance the transaction, this payment method is not available - of course you can still make the purchase, please choose another payment method

 

9. Consequences of delay

In the event of late payment, the Buyer shall be obliged to pay the amount of the(which on the date of the conclusion of the present contract is the base rate of the central bank valid on the first day of the calendar half-year affected by the delay + 8%, i.e. plus eight percent), plus 40 (forty) euros in HUF calculated according to the official average exchange rate of the Hungarian National Bank on the date of the commencement of the obligation to pay interest on arrears. The Company shall issue an interest debit note for the amount of the default interest, which the Buyer shall pay within 8 (eight) days from the date of issue. The Company shall be entitled to set off any amounts paid by the Customer under any title against its claim for interest on arrears first. The Company shall be entitled to refuse to execute further orders until the Customer has paid the amount owed plus interest.

 

10. Right to change the price

The Company unilaterally determines the purchase price and may unilaterally adjust it at any time, including in pending cases where the advance invoice has already been settled or the final invoice has not yet been settled or issued, without prior notice.

 

11. Payment guarantees

If the Customer is in default of payment, the consideration for the goods purchased and resold by the Customer under the contract shall be due directly to the Company. In addition, in the event of default of payment by the Customer, goods purchased from the Company and not yet resold shall be security for the payment obligation to the Company. If the Buyer, in breach of the provisions of this clause, withholds the consideration or goods as security for the Company's claim, he shall be liable for all consequences resulting therefrom.

In case of personal or delivered receipt of the goods, the Buyer is responsible for inspecting the goods received and confirms by signature that he has received the correct quantity of the goods or he must indicate on the delivery note any defects, shortages or damage. After receipt of the goods, the Company does not accept any complaints.

The goods can be collected during the opening hours of the warehouse on working days from 6 a.m. to 2 p.m., at a time agreed with the Company in advance. In the case of consignment warehouses, the opening hours indicated on the website, which may vary from warehouse to warehouse, are also agreed.

In the case of personal collection, the Customer must take delivery of the goods ordered, if they are in stock, or arrange for their delivery within 8 calendar days.

If the ordered goods are out of stock, the Seller must take delivery of the goods or arrange for their delivery to the Buyer within 8 calendar days of the Seller's notification of the arrival of the goods.

In case of storage beyond the 8th calendar day after the payment, the Company charges a storage fee of HUF 10.000/m2/day net. The storage fee for solar panels is calculated on a pallet basis (1.8 m2) for each whole and fragmented pallet, calculated as a whole pallet, and for inverters and fixings on a EUR pallet basis (0.96 m2), calculated in proportion to the number of EUR pallets that can actually be transported, and on a HUF 1,000 per m/sec basis for sub-pallets.

 

12. Repackaging fee

If the Customer has requested that the order be bundled and it has already been prepared for shipment, and there is a subsequent change in the number, subject or final quantity of the order at the Customer's request, the Company will charge a repackaging fee of HUF 3000 per pallet or bundle touched.

Failure to take delivery of the goods on the requested date: if the Customer has requested that the order be put together and it has been prepared, and the Customer subsequently fails to take delivery of the goods on the requested date, a storage fee will be charged from the 2nd day after the order has been put together, at the same rate as the storage fee for the period of 8 calendar days.

 

13. Right of withdrawal and taking back the goods

The buyer has the right to withdraw from the purchase within 14 calendar days of the purchase. To exercise the right of withdrawal, the following conditions must be met:

- The goods must be returned to the Company's central warehouse in their original and undamaged packaging, intact and unused condition.
- In all cases, the customer must consult the salesperson in contact with him/her by telephone or e-mail before returning the goods.
- The Company charges a return fee for administrative and logistical costs, which is 10% of the net price of the goods for all products purchased from the Company.

 

14. Handling defective products

If the customer has received a faulty product from the factory or the wrong size or product has been delivered, the customer must immediately notify the Company by telephone or e-mail. The Buyer must take photographs of the defective products with size or colour discrepancies in a clearly visible manner and send the photographs to the Company. The customer will be informed of the further steps to be taken at the time of the consultation.

 

15. Return procedure

Before returning the product(s), the customer must check with the seller to whom he/she is connected the exact return conditions.

• In order to return the product(s), the buyer must ensure that the product(s) are in their original packaging, complete, unused and unused, in a clean condition, with the original invoice and completed a completed cancellation declaration packed with the original and a completed and signed declaration of withdrawal.
• The original carton(s) of the product(s) should not be directly glued or cellulose-coated. The box must be placed in a packaging material (bag, paper, box) suitable for transport and sealed.
• If the product is dirty, missing, glued or the original box is damaged, 10% will be deducted from the price of the product(s).

 

16. Additional guidelines

• If the product fails within 14 days due to a manufacturer's defect or material quality, the customer must report this by e-mail, enclosing photos of the defective product and the order number.
• The Company does not accept COD parcels.

 

17. Receipt and storage at the point of receipt

Orders can also be picked up at a pick-up point, the address and contact details of which are listed on our website. We reserve the right to make changes to the pick-up points, but any changes will be communicated on the website.

The collection points have their own stock. Purchases from this stock are subject to agreement with the sales colleague and the payment conditions specified above.

Products not in stock at the point of collection can be provided after transfer from the central warehouse. Transit may take 1-2 weeks, but in this case the pick-up is free of charge and no delivery costs will be charged.

In the event that the customer wishes to receive the ordered product at the point of delivery faster than the normal delivery schedule mentioned above. We will do so for a delivery fee agreed in advance with the sales colleague.

The buyer has 3 working days to take delivery of the product ordered at the point of delivery after receipt and notification of the point of delivery. In the event of storage beyond 3 working days, the Company will charge a storage fee of HUF 10,000/m2/day net for the point of delivery. For the storage fee, the storage fee for solar panels is calculated on a pallet basis (1.8 m2) for each whole and fragmented pallet, calculated as a whole pallet, and for inverters and fixings on a EUR pallet basis (0.96 m2) in proportion to the number of EUR pallets that can actually be delivered, and on a 0.03 m2/rail-metre basis for sub-rails.

 

18. Reservation of ownership

The Company retains title to the goods until full payment of the purchase price. The Buyer shall tolerate any action taken by the Company to enforce its retention of title.

 

19. Warranty, guarantee, technical conformity and documentation

The Company provides a warranty according to the conditions specified by the manufacturers, which can be indicated by the invoice and a brief description of the defect.

The place of the warranty claim is the Company's warehouse: 1225 Budapest Ipartelepi u. 3/A, as well as the service centre indicated on the manufacturer's website. If the manufacturer maintains a service network in Hungary, the Company is not obliged to proceed with the warranty claim (repair or replacement).

It is the customer's task and responsibility to check the design and allocation, system compliance, the number of fixtures and the technical and static compliance.

The solar panels and inverters are delivered with English language instructions for use and installation or online download, which are not translated by the Company, except for products where the manufacturer provides instructions for use and installation in English language.

 

20. Termination of the contract

The Buyer may cancel the confirmed and accepted order for items held in stock by paying a 1% cancellation fee, which will be deducted from the deposit and invoiced as an administrative charge.

The Buyer may cancel items not in stock but already ordered by the Company free of charge only if the Company's supplier partner accepts the cancellation of the order without any legal consequences. In case of cancellation, all costs incurred shall be borne by the Customer, in addition to a cancellation fee of 1%.

The Company shall be entitled to withdraw from the sale/delivery contract by unilateral declaration or to make the delivery subject to the provision of additional securities if the Buyer is subject to bankruptcy, liquidation, winding-up, compulsory winding-up, insolvency, tax account cancellation, enforcement or other legal proceedings affecting its solvency, in which case the Company shall reimburse the advance payment to the Customer.

 

21. Data management

In connection with the identification of the Customer, the verification of his/her company data and the assessment of his/her operation, the Customer agrees that his/her data may be processed and verified by the Company in compliance with the legal provisions and the Company's data management policy.
The Customer accepts and agrees that the Company may notify its business information and credit insurance partners of any payment delays.

The Company is obliged to provide the Customer with information about the personal data it holds on the Customer's own data at the Customer's request. If the Customer fails to notify the Company of any change in the data held by the Company, the Company shall be discharged from its obligations in relation to the processing of the data for the duration of the Customer's failure to notify.

The Company may store, keep and process the data it records for the period of time specified in the Privacy Statement. The Company may also provide data contrary to the Customer's privacy statement as set out in the Privacy Statement.

 

22. Confidentiality and protection of reputation

The Parties undertake to treat as confidential and business secrets any data or information concerning the other Party of which they become aware in connection with the performance of the contract, and declare that they will not disclose or make available such data or information to any unauthorised third party, except in the event of an official request by a public authority, and that they will use such data or information only to the extent necessary for the performance of the contract. The obligation of confidentiality shall apply to the Parties during the term of the contract and for 2 (two) years after its termination. The Party in breach of confidentiality shall be liable to pay compensation for any damage incurred in this connection. The obligation of confidentiality provided for in this clause shall not extend to the provision of information relating to payment discipline.

The Buyer undertakes to refrain from any conduct or behaviour that may damage the reputation of the Company during the term of the contract and after its termination.

 

23. Contacts, notifications

The parties shall provide each other with any statements relating to the exercise of their rights or the performance of their obligations under the contract in writing (by e-mail or by registered or certified mail). Postal items sent by the Parties to each other shall be deemed to have been delivered at the time of receipt, provided that they have been duly acknowledged. A declaration sent by registered letter with acknowledgement of receipt to the mailing address of the other Party (1222 Budapest Méz utca 11.) shall be deemed to have been delivered on the 5th (fifth) day after the date of posting, even if the letter is returned to the sender marked "not sought", "moved", "unknown" or "not received".

The Buyer shall notify the Company in writing of any changes to its details (in particular, changes to its name, registered office, place of business or branch, senior management, bank account number or tax number) no later than the date on which such changes come into effect. The Buyer undertakes to inform the Company in writing without delay in the event of compulsory liquidation, bankruptcy, winding-up, liquidation or enforcement proceedings being instituted against it or of any other circumstance which may jeopardise the performance of the contract or the satisfaction of the Company's claims. The Buyer shall be liable to pay compensation for any loss or damage arising from any failure or delay in the performance of this obligation. The Customer may not assign any of its rights or obligations under the Contract, in whole or in part, without the prior written consent of the Company.

 

24. Amendment of the GTC

The Company reserves the right to unilaterally modify the provisions of the current GTC, by informing the Customer of any changes to the provisions of the GTC by electronic mail at least 8 days before the changes take effect, with the details of the changes and the availability of the new GTC. Any modification of the GTC shall not affect orders already in progress. If the Customer does not accept the new GTC and its modifications, this shall not exempt him from paying the price of the service in progress, but he shall inform the Company in writing, in a verifiable manner, within 8 days of the invoice due date, that he does not accept the GTC or any modification thereof. If the Customer settles the invoice after the GTC and any amendment thereto have been accepted by the Company, this shall be deemed to constitute express acceptance of the GTC and any amendment thereto by the Customer.

 

25. Invalidity

If any provision of these GTC or of the contract were or would become invalid in whole or in part, this shall not affect the validity of the other provisions, unless the Parties would not have concluded the contract without the invalid provision. The Parties shall immediately replace the invalid provision by a valid provision which is as close as possible to the meaning of the original provision or to the intention of the Parties. In the event of any discrepancy or inconsistency between the Hungarian and any foreign language version of these GTC or the Specific Terms and Conditions, the Hungarian version shall prevail as the sole applicable version for the purposes of the legal relationship between the Company and the Customer.

 

26. Governing law

The contractual legal relationship between the Parties shall be governed by Act V of 2013 on the Civil Code (hereinafter referred to as the Civil Code) and other applicable Hungarian legislation.

The relevant provisions of these GTC are governed by the Civil Code. 6:77-6:81 of the present General Terms and Conditions shall apply.

 

27. Storage and management of data
The data controller manages the data in a proprietary ERP system.
The data is stored in two places:

• Cloud hosting by Cloudflare Inc. located in the Eastern Europe region.
• On-site server (Synology device) at A1 Solar Ltd.

The controller shall ensure that the data are stored and processed in accordance with the applicable data protection legislation, in particular the provisions of the GDPR.

 

28. Jurisdiction clause

The Parties shall seek to resolve any disputes through negotiation. If the conciliation does not lead to a result, the Parties shall submit to the jurisdiction of the competent territorial court of the Company's domicile or the competent tribunal for the settlement of any disputes arising out of or in connection with the contract, depending on the respective legal threshold. The jurisdiction stipulated by the Parties shall not preclude the Company, at its option, from bringing proceedings against the Buyer before a court otherwise having jurisdiction under the rules of the Civil Code.

 

Budapest, 27 January 2025.