Enphase.store available at the internet address: https://enphase.store/ is run by the company:

SMARTX Sp. z o.o.
Falista 2, 41-906 Bytom, Poland
EU PL6263025957, REGON 367550779, KRS 679187
The company is entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for Katowice-Wschód, VIII Commercial Division, under KRS number 0000679187
tel. +48 791 503 000, email: office@smartx.pl
Bank: ING Bank Śląski
IBAN PL89 10501230 1000 0090 8052 6511 (for EUR payments)
SWIFT INGBPLPW

1. DEFINITIONS

Terms and Conditions - these T&Cs of sale using means of distance communication and the provision of electronic services in accordance with art. 8 of the Act of 18 July 2002 on the provision of electronic services (i.e. Journal of Laws of 2013, item 1422 as amended).

Account - a subpage of the Enphase.store Platform, under which, after logging in, the Business Partner may, among others, manage data, receive notifications about the change in the status of the Order, control and manage: the status of Orders placed by him, purchase history.

Product - a product in the catalog that is the subject of sale.

Sales contract - a contract for the sale of goods within the meaning of the Civil Code, concluded between the Seller and a Business Partner using means of distance communication.

Enphase.store Platform - a website available only to logged in Business Partners at the internet address: https://enphase.store

Service Provider - SMARTX Sp. z o.o., ul. Falista 2, 41-906 Bytom, Poland, EU VAT PL6263025957

User / Business Partner - an entity with full legal capacity, using the Services as part of its professional or business activity.

Requirement - a declaration of intent of a Business Partner, aimed at concluding a Distance Sale Agreement via the Enpahse.store Platform, quantifying the products selected by the User.

Order - Partner's declaration of will, aimed directly at the conclusion of a Distance Selling Agreement via the Enphase.store Platform, specifying the type and number of Products. Requirement becomes an order when it is fully paid on the basis of the Proforma Invoice issued.

Registration - providing the necessary details for contact and execution of the placed Order via the registration form.

2. RULES OF USING ENPHASE.STORE PLATFORM

  1. The Service Provider undertakes to provide the Services to the extent and under the conditions set out in the Terms and Conditions, respecting the provisions of generally applicable law.
  2. The contract for the provision of electronic services is concluded upon the successful completion and acceptance of the registration form by the Business Partner. The contract for the provision of electronic services is concluded for an indefinite period.
  3. In order to be able to use the Enphase.store Platform, a Business Partner must register an account using the Registration Form, in which they should provide true data for the purposes of a possible order.
  4. Each registration of a new user requires approval of their account by the platform administrator, and the user gains access to their account after activating it by the administrator.
  5. The Service Provider is not an internet service provider or a provider of other publicly available telecommunications services within the meaning of the Telecommunications Law and is not responsible for any disruptions resulting from poor quality of electronic devices used by the Business Partner or technical conditions attributable to Internet providers or technical disturbances, or for any events, resulting from reasons beyond the Service Provider's control.
  6. The Business Partner is solely responsible for the activities performed by him as part of the Enphase.store Platform.
  7. The Service Provider is not responsible for the consequences of using the Enphase.store Platform by the Business Partner in a manner inconsistent with applicable law, the provisions of the Terms and Conditions or the customs adopted in this regard.
  8. SMARTX Sp. z o.o. reserves the right to block the Partner from using the services of the Enphase.store Platform in the event of:
    1. Violation of the provisions of these Terms and Conditions by the Business Partner or performing legal actions contrary to the generally applicable law.
    2. Providing false data by the Business Partner or misrepresentation or violating the rights of third parties.
    3. Violations of the principles of social coexistence.
    4. A business partner whose right to use the Enphase.store service has been blocked may not conclude a contract for the provision of electronic services with the Service Provider again without the prior consent of the Service Provider.
  9. In the event of depriving the possibility of using the Enphase.store Platform, the Partner has the right to obtain data on the previous order history in the form of PDF files.

3. PRODUCT INFORMATION

  1. The platform includes descriptions, technical and functional parameters and prices of the offered products.
  2. The basic price of the Product on the Enpahse.store website is expressed in EUR.
  3. The Product price visible on the platform's website is the net price, to which the appropriate tax on goods and services will be added - if applicable. If Business Partner has EU VAT number, then the sales is with 0% VAT. Product prices do not include delivery costs, which are to be handled by the Business Partner according to the conditions given in Delivery section.
  4. Information about the price provided via the Enphase.store service does not constitute a purchase and sale contract, and is binding only from the moment of receiving an e-mail with information confirming the demand along with a proforma invoice.
  5. The products available on the https://enphase.store/ platform are new and of full value.
  6. The products have a manufacturer's warranty. The Service Provider informs that in the case of products covered by the warranty, the rights in this respect should be exercised in accordance with the conditions set out in the warranty card. The warranty conditions for all products are available at https://enphase.com/en-uk/warranty

4. REQUIREMENTS AND ORDERS

  1. The Enphase.store platform is available 24 hours a day. In the event of service work and the unavailability of the platform, the Service Provider will notify about it with an appropriate message on the B2B website.
  2. In order to conclude a Distance Sale Agreement for a Product via the Enphae.store Platform, you must select the Product available in the offer and submit a request indicating the place of delivery of the Product, and all necessary data needed to fulfill the Requirement and to issue a correct pro-forma invoice, and finally a VAT invoice.
  3. After submitting the Request, the Business Partner will receive an e-mail confirming the request within a maximum of 2 working days, together with a proforma invoice stating the costs of the goods indicated in the request, order processing time and information needed to make a bank transfer.
  4. Receiving an email with a proforma invoice means placing an order with the obligation to pay.
  5. In the event of the cancellation of the Requirement by the Business Partner prior to its payment, SMARTX Sp. z o.o. reserves the right to charge an administrative fee of 23% of the value of the requirement.
  6. An order with fully paid proforma is considered an accepted order.
  7. The date of acceptance of the order placed is the date on which the funds are credited to the Smartx Sp. z o.o. bank account.
  8. The time of order fulfillment depends on the current availability of products in warehouses in Poland and in central warehouses of producers and the current list of orders in progress. Standard order fulfillment time depends on the selected product and its availability in the local warehouse. If the goods are available, the order is processed within 5-14 days. In the event that the selected product is not available, the approximate time of the demand fulfillment will be provided on the proforma invoice. In the event that it is necessary to extend the term of the contract, the Business Partner will be notified as soon as possible.
  9. Any arrangements for order processing dates are made only in writing by stating them on the sales documents, eg. Proforma Invoice.
  10. Once the order is despatched, it is considered completed and cannot be cancelled.
  11. The VAT invoice for the order placed is issued on the day of / after the order is collected / despatched.

5. PAYMENT

  1. The service provider offers the following form of payment:
    • Pre-payment of 100% of the order value by bank transfer to the Service Provider's account - the Business Partner is obliged to pay for the ordered goods to the account provided by the Service Provider. All data for the transfer along with the total value of the order are given on the proforma invoice.
  2. The Service Provider does not cover the costs to be borne by the Business Partner in connection with the payment to the Service Provider. Any bank fees, currency exchange rates etc are to be covered by the Business Partner.

6. DELIVERY

  1. The order processing time depends on the current availability of products in warehouses in Poland and supplier production and delivery time (in case a product is not in stock).
  2. The approximate time of order fulfillment will be given on the proforma:
    • for products in the warehouse of SMARTX Sp. z o.o., the order processing time is usually between 5-14 business days;
    • for products not in stock, the time of order fulfillment will be determined individually in accordance with the Manufacturer's plan of production and delivery.
  3. Orders are processed in the order of their acceptance, that is when the payment is accounted for in the bank account.
  4. Order processing time is the time needed to complete and prepare the shipment and starts one day after payment acceptance.
  5. Buyer is responsible for ordering the shipment, declaring its content and value (for insurance, if applicable).
  6. Once the order is packed and ready for shipment, we will email the package(s) (box or pallet) weight and dimensions.
  7. Orders are always well packed, secured and protected for the shipment.
  8. Delivery time depends solely on the type of transport method chosen by the Buyer.
  9. Shipment can only be commissioned after Smartx confirms its readiness and provides the weight and dimensions.
  10. Collection address: SMARTX Sp. z o.o., Falista 2, 41-906 Bytom, Poland
  11. Should the Buyer book shipment before the order is ready for it, SMARTX will not be able to release the order and cannot be hold liable for any additional costs for re-booking the collection.
  12. Should the Buyer wish SMARTX Sp. z o.o. to organize the shipment, notify about it when placing the order or right after receiving the proforma so it can be amended and include freight cost.
  13. In case SMARTX is commissioned to book the transport, we will organize it providing full value for insurance purposes. Transport cost will be added to the proforma invoice.
  14. SMARTX Sp. z o.o. responsibility for the order ends when the package is collected by the courier / freight company.

7. NON-CONFORMITY OF THE GOODS WITH THE CONTRACT, PRODUCT SUPPORT

  1. SMARTX Sp. z o.o. is not the manufacturer of the Goods. Complaints regarding non-compliance of the Goods with the Sales Agreement or the manufacturer's warranty may be submitted in accordance with generally applicable regulations or in accordance with the Product warranty card directly to the manufacturer.
  2. The warranty conditions for all products are available at https://enphase.com/en-uk/warranty website.
  3. Manufacturer’s support and resources are available at:
    • Enphase Installer support: https://enphase.com/en-uk/support/solar-professionals
    • Installer’s tools and resources: https://enphase.com/en-us/support/solar-professionals/tools
    • Support services: https://enphase.com/en-us/homeowners/services
    • Manufacturer’s warranty: https://enphase.com/en-uk/warranty
    • Manufacturer’s support contact: support_emea@enphaseenergy.com or call +441908828928 or visit: https://enphase.com/en-uk/support/contact

8. PERSONAL DATA AND PRIVACY POLICY

  1. The Service Provider is the administrator of the Business Partner's personal data collected via the online store.
  2. Personal data of a Business Partner collected by the Administrator via the online store platform are collected in order to implement the Sales Agreement concluded with them, issue a pro-forma and VAT invoice and contract for registration by the Partner of his Account at online store platform at enphase.store. The partner has the right to access their data, modify and delete them, for this purpose, please contact us at: office@smartx.pl
  3. Providing personal data by the Business Partner is voluntary, however, failure to provide personal data results in the refusal to conclude a sales contract.
  4. The Administrator may refuse to delete the Business Partner's data only in cases indicated by applicable regulations, in particular if the Partner has not paid all amounts due to the Administrator.
  5. The recipients of the Business Partner's data will be:
    • entities involved in the performance of the contract;
    • trade information offices (in cases specified by law);
    • law / debt collection offices (if it is necessary to bring claims to court).
  6. The Business Partner is obliged to obtain the consent of their customers to process their personal data and transfer them to SMARTX Sp. z o.o. to register the installation on the manufacturer's website - if needed and applicable. Customer data will be processed only for the purposes necessary to register the installation.
  7. The Business Partner consents to the transfer of the Partner's and their customers' data to SMARTX Sp. z o.o. and / or third parties for the purposes necessary to supervise the installation in monitoring systems provided by third parties for Products purchased by the Business Partner via the online store platform.
  8. The Service Provider /Administrator makes every effort to ensure all means of physical, technical and organizational protection of personal data against accidental or deliberate destruction, accidental loss, alteration, unauthorized disclosure, use or access, in accordance with all applicable regulations.
  9. The Business Partner has the right to lodge a complaint with the supervisory body - in Poland, this body is the President of the Office for Personal Data Protection

9. OTHER RIGHTS AND OBLIGATIONS

  1. Each Party may terminate the contract for the provision of electronic services at any time and without giving reasons, subject to the rights acquired by the other Party before the termination of the above-mentioned. the contract and the provisions below.
  2. In order to terminate the contract with a 14-day notice period, it is necessary for the Business Partner or the Service Provider to send an appropriate message via e-mail.
  3. The Service Provider has the right to withdraw from the provision of the Service immediately, in the event of a breach by the Commercial Partner of the provisions of these Terms and Conditions and as a result of the Partner's unsuccessful call to stop the above-mentioned violations within 1 (say: one) business day.
  4. Settlement of any disputes arising between the Service Provider and the Business Partner shall be submitted to the court having jurisdiction over the seat of the Service Provider, unless otherwise provided in written agreements between the Parties.
  5. The Service Provider declares that the Terms and Conditions are always available at https://enphase.store/.
  6. The Terms and Conditions are implicitly accepted by the Business Partner also in the case of effective further placing of orders via the Enphase.store Platform.
  7. By starting to use the Enphase.store Platform, the Business Partner declares that:
    • they have been informed and accept the terms of the Enphase.store Platform;
    • they understand and accept the terms of placing orders and their acceptance;
    • they have read and accepted the terms of payment and delivery.

10. FINAL PROVISIONS

  1. Recognition of individual provisions of these Terms and Conditions in the manner prescribed by law as invalid or ineffective, does not affect the validity or effectiveness of the remaining provisions of the Regulations. In place of the invalid provision, the rule that is closest to the purposes of the invalid provision and the entire Regulations will be applied.
  2. The contract is concluded in English and under the jurisdiction of Polish law.
  3. The Service Provider reserves the right to amend the Terms and Conditions. Amendments to the Terms and Conditions are effective from the moment they are clearly indicated and posted on the Service Provider's website, with the proviso that Orders placed before the entry into force of these changes will be implemented according to the current rules.
  4. Refusal to accept changes to the Terms and Conditions is tantamount to termination of the contract for the provision of electronic services.
  5. The Regulations enter into force on March 25, 2021.