1. DEFINIȚII ȘI TERMENI
Anche Yakubu – is the trade name of Anche Yakubu, a Romanian legal entity, with its registered office in Timișoara, Gheorghe Doja Street, No.11, 2nd floor, office OG-01, Timiș county, 300195, registered under the trade registry with the number J35/1297/2015, and fiscal identification code RO34583200.
Vânzător – Anche Yakubu
Cumpărător – natural person/legal entity or any legal entity visiting the website or expressing the intention to conclude a contract for the supply of electric energy.
Producător: The entity generating electric energy. This can be done in several ways, from hydroelectric power stations to nuclear reactors.
Campanie – the action of commercially exposing a limited and predefined number of Services for a limited period of time established by the Seller.
Contract – represents the distance contract concluded between the Seller and the Buyer without the simultaneous physical presence of the Seller and the Buyer.
Conținut
2. DOCUMENTE CONTRACTUALE
2.1. By registering a request on the Site, the Buyer agrees to the form of communication (phone number or email) through which the Seller conducts its commercial operations.
2.2. The notification received by the Buyer after submitting the Request is for informational purposes and does not represent its acceptance. This request is made electronically (via email) or by phone.
2.3. The Request is considered concluded between the Seller and the Buyer at the moment the Seller receives from the Buyer, through electronic mail or physically, the supply contract and related documents.
2.4. The document and the information made available by the Buyer on the Site will form the basis of the Contract, and in addition to this, a series of information requested from the Client will be necessary.
3. DREPTUL DE PROPRIETATE INTELECTUALĂ ȘI INDUSTRIALĂ
3.1. The Content, as defined in the preamble, including but not limited to logos, stylized representations, trademarks, static images, dynamic images, text, and/or multimedia content presented on the Site, are the exclusive property of Anche Yakubu, with all rights obtained in this regard being reserved directly or indirectly (through usage and/or publication licenses).
3.2. The Client/Buyer is not allowed to copy, distribute, publish, transfer to third parties, modify and/or otherwise alter, use, link to, display, include any Content in any other context than the original one intended by Anche Yakubu, including any Content outside the Site, removing the signs that signify the copyright of Anche Yakubu over the Content, and participating in the transfer, sale, or distribution of materials made by reproducing, modifying, or displaying the Content, without the express written consent of Anche Yakubu.
3.3. Any Content to which the Client/Buyer has or obtains access by any means is subject to the Document, in case the Content is not accompanied by a specific and valid usage agreement concluded between Anche Yakubu and the Client, and without any implicit or express warranty formulated by Anche Yakubu regarding that Content.
3.4. The Client/Buyer may copy, transfer, and/or use the Content only for personal or non-commercial purposes, only if these do not conflict with the provisions of the Document.
3.5. In the event that Anche Yakubu grants the Client/Buyer the right to use as described in a separate usage agreement, certain content to which the Client/Buyer has or obtains access following this agreement, this right extends only to that or those defined contents in the agreement, only for the duration of the existence of that or those contents on the site or for the period defined in the agreement, according to the defined conditions, if they exist, and does not represent a contractual commitment on the part of Anche Yakubu for the respective Client or any other third party who has/obtains access to this content transferred, by any means, and who may be or is prejudiced in any way by this content, during or after the expiration of the usage agreement.
3.6. No Content transmitted to the Client or Buyer, through any means of communication (electronic, phone, etc.) or acquired by them through access, visitation, and/or viewing, constitutes a contractual obligation on the part of Anche Yakubu and/or the employee/representative of Anche Yakubu who mediated the transfer of the Content, if it exists, with respect to that content.
3.7. Any use of the Content for purposes other than those expressly permitted by this Document or the accompanying usage agreement, if it exists, is prohibited.
4. CONTRACT
4.1. The Client/Buyer can make the request to conclude the Contract on the Site, by expressly requesting it.
4.2. By finalizing the request, the Buyer consents that all data provided by them, necessary for the contracting process, are correct, complete, and true at the time of placing the Request.
4.3. By finalizing the request, the Buyer consents that the Seller can contact them, by any means available/agreed upon by the Seller, in any situation where it is necessary to contact the Buyer.
4.4. The Buyer has the right to withdraw from the Contract, i.e., to waive the services provided at any time during the contractual period, without invoking any reason and without incurring any additional costs.
4.5. If the Buyer decides to withdraw from the Contract, they will complete a written request to this effect.
5. CONFIDENTIALITY
5.1. Anche Yakubu will maintain the confidentiality of any information you provide. The disclosure of the information provided will only be made under the conditions mentioned in this Document.
5.2. No public statement, promotion, press release, or any other form of disclosure to third parties will be made by the Client regarding the Contract without the prior written consent of the Seller.
5.3. By transmitting information or materials through this site, you grant the Seller unrestricted and irrevocable access to them, the right to use, reproduce, display, modify, transmit, and distribute these materials or information. You also agree that the Seller may freely use, for its own interest, this information, ideas, concepts, know-how, or techniques that you have sent to us through the Site. Anche Yakubu will not be subject to obligations regarding the confidentiality of the information sent, if the current legislation does not provide other specifications in this regard.
6. ADVERTISING
6.1. Anche Yakubu's newsletters are transmitted through specialized and authorized partners of Anche Yakubu. Thus, the confidentiality and security of the information are ensured.
6.2. When the Client creates an Account on the Site, they have the possibility to express their consent to receive newsletters.
The Client can change their option regarding the consent given to the Seller at any time:
6.2.1. by contacting Anche Yakubu in this regard.
6.2.2. by accessing the unsubscribe link displayed in the commercial messages received from the Seller.
6.3. Waiving the receipt of newsletters does not imply waiving the consent given for this Document.
7. INVOICING AND PAYMENT
7.1. The prices of the Services are displayed on the client's account within the site and include VAT according to the current legislation.
7.2. The price, payment method, and term of payment are specified in each Contract. The Seller will issue an invoice to the Buyer for the delivered Services, and the Buyer's obligation is to provide all the necessary information for issuing the invoice in accordance with the current legislation.
7.3. The Seller will transmit to the Buyer the invoice related to the consumption according to the Contract in electronic format, by adding the invoice to the Buyer's Account or by email, to the email address mentioned by the Buyer in their Account.
7.4. For a correct communication of the invoice related to the services, the Buyer is obliged to update their data in their Account whenever necessary and to access the existing information and documents in the Account.
7.5. Through this communication method, the Buyer, by accessing their Account, will have a record of the invoices issued by Anche Yakubu, being able to save and archive them at any time and in any way they wish, and to consult the recorded consumption history at the place/places of consumption.
8. SERVICE DELIVERY
8.1. The Seller undertakes to deliver the services established by the Contract at the agreed prices in accordance with the current legislation.
9. LIABILITY
9.1. The Seller cannot be held responsible for any damages suffered by the Buyer or any third party as a result of the Seller fulfilling any of its obligations under the Contract and for damages resulting from the use of the Services after delivery.
9.2. By creating and using the Account, the Client/User/Buyer assumes responsibility for maintaining the confidentiality of the Account data (username and password) and for managing access to the Account, and, to the extent permitted by applicable law, is responsible for the activity carried out through their Account.
9.3. By creating the Account and/or using the Content, the Client/User/Buyer expressly and unequivocally accepts the Terms and Conditions of the Site in the latest updated version communicated within the Site, existing at the time of creating the Account and/or using the content and/or at the time of placing the Order.
9.4. Subsequent to creating the Account, the use of the Content is equivalent to accepting the changes made to the Terms and Conditions of the Site and/or the updated versions of the Terms and Conditions of the Site.
9.5. The Terms and Conditions of the Site may be modified at any time by Anche Yakubu, and these are binding on Customers/Users/Buyers from the date of display on the Site. Acceptance of the Terms and Conditions of the Site is confirmed by checking the corresponding checkbox on the Site and/or by placing the Order and/or by making an online payment.
10. PROCESSING OF PERSONAL DATA
10.1. Anche Yakubu One is registered in the Registry of Personal Data Processing Records.
10.2. In accordance with the requirements of Law no. 677/2001 on the protection of individuals with regard to the processing of personal data and the free movement of such data, as amended and supplemented, Anche Yakubu is obliged to safely manage and only for the specified purposes, the personal data provided.
10.3. The purpose of data collection is:
- informing Customers/Buyers about the status of their Account including validation, monthly dispatch, and billing or for resolving any problems that may arise,
- sending newsletters and/or periodic alerts, using electronic mail (e-mail, SMS),
- market research.
10.4. By completing the data in the Account creation form and/or by the Buyer's express acceptance, they declare and unconditionally accept that their personal data be included in the Restart database, and expressly and unequivocally consent to all this personal data being stored, used, and processed for the purpose set out above in section 16.3.
10.5. By reading this Document, you are aware that you are guaranteed the rights provided by law, namely the right to information, the right of access to data, the right to intervene, the right to object, the right not to be subject to an individual decision, and the right to appeal to the courts in case of violation of the rights guaranteed by Law no. 677/2001 for the protection of individuals with regard to the processing of personal data and the free movement of such data.
10.6. Additionally, Anche Yakubu may provide the Buyer's personal data to other companies with which it has partnership relations, but only under a confidentiality commitment from them and only for the purposes mentioned in point 16.3., guaranteeing that this data is kept safe and that the provision of this personal information is in accordance with the applicable legislation, as follows: courier service providers, marketing service providers, payment/banking service providers, telemarketing, or other services provided by companies with which we can develop joint offering programs for our Goods and Services on the market, insurers.
11. FORCE MAJEURE
11.1. Neither party shall be liable for the non-performance of its contractual obligations if such non-performance on time and/or properly, in whole or in part, is due to a force majeure event. Force majeure is an unforeseeable event, beyond the control of the parties and which cannot be avoided.
11.2. If, within 15 (fifteen) days from the date of its occurrence, the event does not cease, each party shall have the right to notify the other party of the full termination of the Contract, without either party being able to claim any other damages.
12. APPLICABLE LAW – JURISDICTION
The supply contract concluded is subject to Romanian law. Any disputes between Anche Yakubu and Clients/Buyers will be resolved amicably or, if this is not possible, the disputes will be settled by the competent Romanian courts in Bucharest.
13. GENERAL INFORMATION REGARDING THE CHANGE OF ELECTRICITY SUPPLIER
Producer: The entity that generates electricity. This can be done in several ways, from hydroelectric power plants to nuclear reactors.
Distributor: The entity that takes the electricity from the producer and delivers it to people's homes. It is responsible for the infrastructure and the grid.
Supplier: Provides electricity to the end consumer, collects the money, and distributes it to the producer and distributor.
ANRE – National Energy Regulatory Authority: Its role is to protect and inform the consumer and to ensure that the producer, distributor, and supplier fulfill their commitments.
Starting from July 1, 2007, when the energy market became competitive, all customers have the right to choose an electricity supplier from the free market. The consumer analyzes the options in the energy market, requests offers from multiple suppliers, and selects the most advantageous offer for them.
The change of the electricity supplier by the final customer is done in accordance with Order no. 105/2014 of ANRE, being a free process and not involving technical changes.
Although the supplier changes, the Distribution Operator remains the same, and there are no interruptions in supply. The quality and continuity of energy remain unchanged.