I. Scope of application – Pre-contractual information

These General Terms and Conditions of Sale (GTC) apply, without restriction or reservation, to all sales of products and services offered by ENERGIA ("the Seller") to consumers ("the Customer") in the context of orders placed outside of business premises, in accordance with the Consumer Code.

Before signing the order form, and in accordance with Article L.221-5 of the Consumer Code, the Customer acknowledges having received:

• information relating to the identity and activity of the Seller,
• the essential characteristics of the Products and Services,
• prices, delivery times, installation conditions,
• information about the existence of a right of withdrawal.

Any order implies the Customer's full and complete acceptance of these GTC, which prevail over any other document.

The essential characteristics of the Products are described in the catalogs, technical data sheets, and commercial documents provided to the Customer. Photographs, images, and graphics are provided for illustrative purposes only and are not contractually binding.

For photovoltaic installations, data relating to electricity feed-in tariffs are provided for information purposes only. The final applicable tariff is that in force on the date of submission of the complete connection application to the grid operator.

Product offers are valid while stocks last and subject to the fulfillment of the conditions precedent indicated in this document.

Seller's contact details:
ENERGIA – 23 avenue de Lardière – 13220 Châteauneuf-les-Martigues

II. Acceptance and enforceability of the GTC

These Terms and Conditions are provided to the Customer prior to the conclusion of the contract. They constitute the sole contractual framework applicable between the parties. Any modification must be made in writing and signed by both parties.

The failure of ENERGIA to enforce a clause at a given time shall not constitute a waiver. If a clause is invalid, the other provisions shall remain applicable.

Quotes and commercial offers are valid for 30 days, unless otherwise specified.

III. Order

The order becomes final upon signature of the order form by the Customer and subject to the right of withdrawal. Its validity is subject to the following conditions precedent:

a) Technical feasibility

The order is only confirmed after technical validation of the installation. If it is technically impossible, the order is canceled and the deposit is refunded in full.

b) Photovoltaic installations

The order is subject to obtaining:

• of the administrative urban planning permit,
• the absence of recourse within the legal time limits.

c) Bank financing (if applicable)

In the event of financing through an ENERGIA partner, the order is only valid once the credit has been approved. If the credit is refused, the order will be canceled.

The Customer may expressly waive the benefit of a condition precedent.

In the event of termination of the contract, the deposit shall be refunded in full.

The Client may authorize ENERGIA to:

• prepare and track administrative requests,
• prepare and submit the financing application.

The Customer must provide the necessary documents as soon as possible.

IV. Order modification

Any changes requested by the Customer must be made in writing before the equipment is shipped. This may result in:

• a price change,
• longer delays,
• a revision of the payment terms,
• or cancellation of the order.

If a Product is unavailable, ENERGIA may offer equivalent equipment after obtaining the Customer's agreement.

V. Administrative file – Connection – Commissioning

5.1 Administrative authorizations

Certain installations require prior authorization. The Customer authorizes ENERGIA to take the necessary steps and must provide the requested documents. Administrative delays may delay or prevent installation without ENERGIA being held liable.

5.2 Photovoltaic installations – Connection

The Customer authorizes ENERGIA to deal with the network operator (ENEDIS).

Electricity purchase rates may change between the time of order and connection: ENERGIA is not responsible for this.

Trenching costs are covered up to 30 meters; beyond that, they are the responsibility of the Customer.

Payment is due upon installation, regardless of:

• the CONSUEL inspection,
• the ENEDIS connection,
• third-party deadlines.

VI. Delivery – Installation

Unless otherwise specified, delivery and installation will be made to the address on the purchase order.

The maximum installation period is 180 days, subject to:

• obtaining administrative approvals,
• funding approval.

If the intervention requires the consent of a third party, the Customer must obtain it. Any unnecessary travel will be billed.

In the event of force majeure, technical impossibility, administrative refusal, or stock shortage, ENERGIA may cancel the order and refund the deposit.

In the event of technical developments, ENERGIA may install equivalent or superior equipment at no additional cost.

VII. Receipt of products

The Customer must check the condition of the Products upon delivery and note any reservations on the delivery note.

Any damage must be reported to ENERGIA within 72 hours, by registered mail.

Claims for apparent defects must be made within 8 days of installation.

VIII. Right of withdrawal

The Customer has a period of 14 days to exercise their right of withdrawal.

• For services: deadline from the date of signature.
• For goods: period starting from receipt.

ENERGIA will refund the amounts received within a maximum period of 14 days.

If the Customer requests early performance, they must pay for the part already completed (Art. L.221-25).

IX. Warranties – Liability

9.1 Legal warranties

The Products benefit from:

• the legal guarantee of conformity,
• the legal warranty against hidden defects.

ENERGIA will repair or replace defective Products within 30 days of discovery.

9.2 Guarantee of perfect completion – 1 year

Covers defects discovered within one year of installation.

9.3 Manufacturer's warranty

The warranties specific to each Product are provided to the Customer.

9.4 Exclusions

The following are excluded:

• abnormal use,
• intervention by an unauthorized third party,
• lack of maintenance,
• non-compliant electrical installation,
• force majeure,
• unauthorized modification.

9.5 Ten-year insurance

ENERGIA holds ten-year insurance covering the work carried out.

X. Customer Commitments

The Customer guarantees the accuracy of the information provided. Any omission may result in:

• additional quote,
• longer delays,
• ENERGIA's exemption from liability.

XI. Price

Prices are inclusive of tax and include the following for photovoltaic systems:

• administrative procedures,
• equipment,
• installation,
• internal connection up to 30 m,
• ENEDIS meter.

Not included:

• roof compliance,
• shadow removal,
• trenching costs beyond 30 m,
• unplanned services.

XII. Payment

No payment may be requested before the legal withdrawal period has expired.

• Cash payment: balance due upon installation.
• Financing: payment triggered by the completion certificate.

Late payment: penalty = 1.5 × legal interest rate.

After 48 hours following a formal notice, ENERGIA may:

• suspend its services,
• demand immediate payment,
• terminate the contract.

XIII. Cancellations

Purchases made at trade fairs or exhibitions are not covered by the right of withdrawal.

XIV. Subsidies – Regulations

The Customer is solely responsible for applying for grants, subsidies, and tax benefits. Failure to obtain them does not constitute a condition precedent.

XV. Insurance

The Customer must declare the installation to their home insurer.

XVI. Retention of title

The Products remain the property of ENERGIA until full payment has been received. The transfer of risks takes place upon delivery.

XVII. Mediation

The Customer may refer the matter to the consumer ombudsman free of charge:

MED IMMO CONSO
Allée du Parc de Mesemena – Bât A – CS 25222 – 44505 La Baule Cedex
contact@medimmoconso.fr – www.medimmoconso.fr

XVIII. Applicable law – Jurisdiction

The contract is subject to French law.

In the event of a dispute, jurisdiction shall be at the discretion of the claimant:

• courts of the Customer's place of residence,
• or courts of ENERGIA's registered office.

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