Terms & Conditions

1) Company details

Enerlogic Advisory Kft.
Registered office: 2800 Tatabánya, Szent Borbála út 29. A. ép. Fsz. 1. ajtó, Komárom-Esztergom County, Hungary
Tax/VAT No.: 32906077-2-11  |  Company reg. no.: 11-09-031811
Website: www.deyenergie.com
Email: info@deyenergie.com

2) Scope & parties

These Terms apply to all business relationships between Enerlogic and its contractual partners (each a “Customer”), including offers/quotations, sales of goods, work/performance, and services. Unless expressly agreed otherwise in writing, these Terms prevail over any Customer terms. Deviating Customer terms apply only if Enerlogic has expressly confirmed them in writing.

3) Offers, quotations & contract formation

• Non-binding offers: Our offers and quotations—whether oral or written—are non-binding unless expressly marked as binding or state an acceptance deadline.
• Order & acceptance: A signed returned quotation or Customer purchase order constitutes an offer. A contract is formed once Enerlogic issues a written order confirmation within a reasonable time or performs the agreed delivery/service with Customer’s consent.
• Order confirmation controls: The written order confirmation (including these Terms) contains the complete agreement on the nature, scope and timing of delivery/performance.
• Changes in writing: Additions or amendments (including to this clause) require written form; fax or email with read confirmation is sufficient.
• Product data: Information on delivery dates, dimensions, technical data, drawings and images are approximate unless exact conformity is expressly required for the contractual purpose. Commercially customary or technically necessary deviations and the use of equivalent components are permitted where they do not impair the agreed use.
• Guarantees: Any guarantee of characteristics or durability must be agreed separately in writing.

4) Prices, surcharges & adjustments

• Currency & parity: Unless otherwise stated in the order confirmation, prices are in EUR, EXW Budapest (EU-customs-cleared), including packaging; ancillary charges and VAT applicable on the day of delivery are itemised on the invoice.
• Low-order fees: Enerlogic may charge a lump-sum surcharge of EUR 15 for orders up to EUR 500 net order value.
• Handling/commission fee: For orders up to EUR 100 net, a EUR 5 handling fee applies; for orders above EUR 100, a EUR 15 fee applies. No surcharge for “direct shipments”.
• List price changes: If prices are based on Enerlogic’s list prices and delivery occurs more than 2 months after contract conclusion, the list prices valid at the time of delivery apply (less any agreed discount). After 2 months, price adjustments are permitted to reflect cost drivers (e.g., supplier prices, material/energy costs).
• Force-majeure cost shifts: Events beyond our control (e.g., exchange-rate changes, war, epidemics) and supplier price changes entitle Enerlogic to adjust agreed prices accordingly.

5) Payment terms

• Prepayment: Unless otherwise agreed in writing, payment is due in advance.
• Instruments: Bills of exchange and cheques are not payment until credited; any discounting and incidental costs are borne by the Customer.
• Allocation: Payments are allocated first to costs, then interest, then principal—even if the Customer designates otherwise.
• Set-off/withholding: Only with undisputed or finally adjudicated counterclaims.
• Default: In case of delay, default interest of 8% applies without prejudice to further claims; timeliness is measured by Enerlogic’s receipt of funds.
• Deterioration of creditworthiness: If after contract conclusion circumstances arise that significantly reduce the Customer’s creditworthiness and jeopardise payment of outstanding claims, Enerlogic may perform only against prepayment or security.

6) Delivery, lead times & delays

• Factory delivery: Delivery is ex works (manufacturer).
• Lead times: Quoted times are indicative unless expressly fixed. Lead times start no earlier than on the date of order confirmation and only after all technical and financial requirements are clarified.
• Customer remedies: If a fixed delivery time is significantly exceeded, the Customer must first set a reasonable grace period. If delivery still fails, the Customer may rescind the contract for the affected part by written notice; damages for delay are limited per Section 9.
• Force majeure: In case of force majeure or comparable impediments (e.g., procurement issues, operational disruptions, strike, staff or transport shortages, regulatory actions, including at suppliers/sub-suppliers), Enerlogic may reasonably extend delivery/performance or rescind the unperformed part.
• Long impediments: If the impediment lasts more than 3 months, the Customer may rescind the unperformed part after setting a reasonable deadline; prepaid amounts will be refunded for the unperformed part.
• Call-off & acceptance: If the Customer fails to take delivery within 10 days of the confirmed date or to call off quantities within 10 days of availability, Enerlogic may (after a grace period) dispose of the goods and reschedule, store the goods and charge 0.5% of the order value per commenced week, or cancel all or part of the order and charge a 10% cancellation fee.
• Non-stock or special items: Return is subject to supplier approval and a handling fee of at least 25% plus transport costs.
• Repeated postponements: From the second Customer-caused postponement of a confirmed date, Enerlogic may charge a EUR 50 handling fee each time. If the postponement reaches at least 28 calendar days, Enerlogic may apply the measures described above for storage/cancellation.

7) Place of performance, shipping & transfer of risk

• Place of performance: Unless agreed otherwise, performance for all obligations is in Budaörs, Hungary.
• Mode & packaging: Determined by Enerlogic at its reasonable discretion.
• Risk transfer: Risk passes at the latest when the goods are handed over to the carrier/forwarder/other third party commissioned with shipment (start of loading is decisive), including partial deliveries. If shipment is delayed due to Customer reasons, risk passes when the goods are ready for shipment and notice is given.
• Insurance: Shipment is insured against theft, breakage, transport, fire and water damage, and other insurable risks only upon Customer request and at Customer cost.
• Acceptance of installations: Where acceptance is required, acceptance is deemed to have occurred if (i) delivery and—if agreed—installation are complete, (ii) Enerlogic notifies the Customer referring to deemed acceptance, (iii) 12 business days have elapsed since delivery/installation (or 6 business days if the goods have been put into operation), and (iv) acceptance is not refused for a defect that makes use impossible or significantly impairs it and that has been notified to Enerlogic.
• Compliance (Austria): For goods purchased from Enerlogic in Austria, the Customer assumes any waste management costs and agrees to pass on relevant obligations to end-users under §10(3) EAG-VO (WEEE) and §15(2) Battery Ordinance.

8) Inspection, complaints & warranty

• Immediate inspection: Upon delivery the Customer (or its designated third party) must immediately inspect and note any complaints on the delivery note. Even minor packaging or product damage must be recorded in writing (e.g., “Goods received damaged”). Detailed claim with photos and description must reach Enerlogic within 4 days of delivery; later claims are rejected by carriers/insurers.
• Return for inspection: Upon request, goods must be returned carriage paid. For justified claims, Enerlogic refunds the most economical return freight (no refund if (1) goods are located away from the place of intended use or (2) the goods are outside Europe).
• Remedy: For timely, justified defects, Enerlogic at its option will repair on site/at the factory or replace with defect-free goods. If subsequent performance fails twice, the Customer may reduce the price or rescind the affected part.
• Exclusions: No warranty if Customer or third parties perform repairs/alterations without approval, hinder remedy, commission contrary to instructions, or if defects result from improper handling or normal wear. Extra costs caused by modifications are borne by the Customer. If the goods are outside Europe, Enerlogic bears no transport costs.
• Used goods: If supplied by separate agreement, they are sold without warranty for defects.

9) Liability

Enerlogic’s liability—regardless of legal ground (including impossibility, delay, defective or incorrect delivery, breach of duty, culpa in contrahendo or tort)—is limited as follows:

• We are liable only for intent and gross negligence of our organs, legal representatives, employees or vicarious agents.
• In such cases, liability is limited to the damages foreseeable at contract conclusion as typical for this type of contract; indirect or consequential damages are compensable only to the extent typically foreseeable for the intended use.
• The above limitations apply mutatis mutandis in favour of our organs, legal representatives, employees and agents.
• Free technical information or advice outside our contractual obligations is provided without liability.
• Exceptions: The above limitations do not apply to liability for guaranteed characteristics, injury to life, body or health, or under mandatory product liability law.

10) Retention of title

• Retention: Title to all delivered goods remains with Enerlogic until full settlement of all claims arising from the business relationship.
• Custody & location: The Customer shall store the reserved goods separately free of charge and inform us upon request of their installation/location.
• Permitted disposition: The Customer may resell or process the reserved goods in the ordinary course of business (no pledge/transfer by way of security), provided it is not in default or insolvency.
• Processing/combination: Processing is deemed for Enerlogic as manufacturer. The Customer acquires sole or—if involving third-party materials or higher value—co-ownership pro rata; failing that, it assigns future ownership (or share) to Enerlogic as security. If combined into a single item or inseparably mixed with a principal item owned by the Customer, the Customer assigns a share in the principal item to Enerlogic.
• Advance assignment of receivables: The Customer hereby assigns to Enerlogic, by way of security, claims against its buyers arising from resale or otherwise replacing the reserved goods (including insurance or tort claims for loss/destruction). The Customer is revocably authorised to collect the claims; Enerlogic may notify the debtor at any time.
• Third-party access: The Customer must indicate Enerlogic’s title and notify us immediately. If third parties cannot reimburse costs, the Customer is liable.
• Release: Enerlogic will release securities at its discretion if their value exceeds secured claims by more than 50%.
• Breach: In case of material breach (e.g., payment default), Enerlogic may take back reserved goods at the Customer’s expense or demand assignment of surrender claims against third parties. Such repossession or pledge does not constitute rescission.

11) Returns, credits & cancellations

11.1 Returns policy

• Returns are an exceptional, goodwill measure and require Enerlogic’s prior written consent.
• Only goods delivered and invoiced by Enerlogic, in original packaging and resalable condition, are eligible.
• Returns are excluded where (i) net value < EUR 100, (ii) goods were not purchased directly from Enerlogic, (iii) delivery occurred > 3 months ago, (iv) non-saleable/custom/modified items, or (v) items were clearly marked as non-returnable.
• Before returning, request authorisation from info@deyenergie.com stating part no., quantity, delivery note and invoice no. If approved, return must be received within 2 weeks of written consent; otherwise we will refuse delivery and return at your risk and cost.
• Unpaid/unauthorised returns will be refused and returned at Customer risk/cost.
• Credit notes: Returns are credited less a 25% handling fee of the net value and offset against the next invoice; cash refunds are not made. Complaints about credit notes are accepted only for the current and previous month.

11.2 Order cancellations (after confirmation)

Custom/special orders: Cancellation is excluded where goods are custom-made, not part of our standard range, or specifically procured for you.

12) Force majeure

Events beyond Enerlogic’s control (including supplier delays, strike, lockout, border closures or similar circumstances) entitle Enerlogic to cancel outstanding obligations or extend deadlines by the duration of the impediment.

13) Governing law, jurisdiction & ODR

These Terms are governed by the laws of Hungary. The parties submit to Hungarian jurisdiction for transactions covered by these Terms, without prejudice to mandatory consumer protection rules (where applicable). EU consumers may use the European Commission’s ODR platform: ec.europa.eu/consumers/odr.

14) Language & severability

In case of discrepancies between multilingual versions, the Hungarian version prevails. If any provision is invalid or unenforceable, the remaining provisions remain in force; gaps shall be filled by applicable law.

15) Processing notice

The Customer expressly agrees that Enerlogic may store and process data arising from the contractual relationship for order processing and, where necessary for performance, forward such data to third parties (e.g., logistics, accountants). For details, see our Privacy Policy.

16) Changes to these Terms

We may update these Terms from time to time. Material changes will be announced (e.g., banner/email). Continued orders or use after the effective date constitute acceptance of the updated Terms.

17) Contact

Questions about these Terms? Contact us at info@deyenergie.com.