Powersave S.A. - general Conditions of entry and participation

The present general conditions of entry and participation (the " terms and Conditions ") govern the relationship between Powersave sa, a public limited company under luxembourg law, established and having its registered office at L-1331 Luxembourg, 49, Boulevard Grande Duchesse Charlotte, registered at the register of commerce and companies of Luxembourg under the number B263337 (" Powersave ") and the customer-an individual or a professional (the " Customer ") in connection with the registration for a bulk purchase of electricity, gas, fuel oil, oil, coal, and any other form of energy, as more fully described below.

1. Services provided by Powersave to the Client

According to its statutes, Powersave offers, among other things, the Client intermediation services business (purchasing) power (all types of energy), or energy commodities (electricity, gas, coal, fuel oil, petroleum, etc.) as well as derived products, brokerage services in energy or raw materials, energy and electricity, exploration services oil, gas and mining, intermediation services or consultancy relating to the assets, rights, bonds and securities related to the production and consumption of energy : energy guarantee of origin, quota, CO2, certificate energy saving, electricity production capacity, the ability to erase and in general, any operation including advertising, affiliate marketing or brokerage, Internet and phone connection therewith in order to get the offer the more competitive and thus allow the Customer to save money.

The procedure for registration and participation in a group buy is broken down as follows :

1.1. Registration on the internet site of Powersave

The Client, depending on whether a professional or an individual meets a specific registration form on the website, in Powersave enable Powersave to establish the profile of the Customer and understand their needs.

The entry made by the Customer and is completely free, not worth it in any case no commitment to subscribe for the offer of the provider which will be retained as a result of the work of the brokerage advisors Powersave at the end of the second stage of the procedure of purchasing (the " preferred Supplier ").

In order to enable Powersave to provide the Client with an estimate custom of its invoice on the basis of the final bid, it is recommended to provide Powersave all the information necessary for the registration, and the assurance of their accuracy through registration forms available on the website of Powersave.

1.2. Bidding and/or consultations suppliers 

POWERSAVE invites all of its energy suppliers, partners, through a system of consultation or call offers in order to get the best offer for the supply and delivery of energy

In order to get the best offer for the Client, taking account of the needs of this last mentioned in the application form completed on the website of Powersave, Powersave then negotiates with one or more of these suppliers to tender for the supply and delivery of energy to submit to the Client.

If applicable, Powersave may retain the offers of different suppliers and let the Client the freedom to determine the supplier with which it wishes to engage on the basis of the deals negotiated by Powersave. 

1.3. Submission of the offer negotiated with Clients

Powersave puts in relation the Successful Supplier and the Customer. Then, the Selected Provider (if applicable, the Selected Suppliers) send(s) to the Customer, by regular mail or by email, a draft contract for the provision reflecting an offer on the terms negotiated between Powersave and the Provider (the " Supply Agreement").

The offer of the Successful Vendor (if applicable, of the Successful Vendors) is valid for 30 calendar days of the date of its receipt by the customer by email or by post.

The Client is free to accept or refuse of the Supplier(s) Retain(s).

The lack of acceptance on the part of the Customer within the period of [30 calendar days], the offers of the Selected Provider becomes null and void.

Powersave attracts the attention of the Customer that the terms and conditions negotiated with the Successful Supplier are only valid for the duration of 30 days, unless otherwise specified in the offer personalized sent to the Customer by the Selected Provider. However, these conditions may vary because of changes in the taxes and charges levied on the electricity or energy involved.

In case of acceptance, the Supply Contract is concluded between the Successful Vendor and the Customer. Powersave is not a party to the Supply Contract. 

This is the preferred Supplier who will be responsible for the realization of the change or of the delivery of the fuel vis-à-vis companies.

Powersave recommends the Customer to ensure they have read and understood the terms and conditions of the Supplier Selected before switch energy suppliers and sign the Supply Contract. Powersave may, at the request of the Customer, assist in the review of the terms and conditions of the Successful Vendor ( see registration form) pay option.

Powersave reserves the right to reject any request or to prevent any future participation in group purchasing, or its brokerage services in the energy, if it considers that the Client is not using the service responsibly and/or if the Customer has supplied false or misleading information.

Powersave writes the information offered on its website and organizes the presentation with the greatest of care. Nevertheless, it may happen that this information is temporarily obsolete in view of a change of law or regulation relating to the different energies. No right, claim, commitment or warranty shall not arise out of the information and content of the site. Thus, no warranty, guarantee or make any commitment with respect to a certain result by virtue of the information provided on the website shall not be required to be paid by the Customer.

2. Change of supplier

Powersave makes every effort to provide the Customer with the customized offer the most reliable possible on the basis of the final offer. This offer custom is carried on the basis of information provided by the Client.

Powersave cannot exclude that the price varies in time due to the evolution of the fees and charges imposed on the type of energy that is provided by the laws and regulations in force.

Any energy contract concluded by the Customer in the framework of "Purchasing" or through the brokerage services of Powersave is made between the Customer and the Supplier Selected. Powersave is not a party to the contract for the supply of energy between the Client and the Successful Vendor.

The Successful Supplier will take care of all the formalities related to the change of the supplier of electricity or energy for the account of the Customer. Powersave is, however, at the Customer's disposal to answer questions and assist in the procedure of change of the supplier of electricity or energy.

If the Customer has explicitly accepted the offer of the Successful Vendor, and that, subsequently, finally decided not to change provider, it has a legal period of withdrawal from his or her acceptance of the offer of the winning Supplier.

3. Costs

The services offered by Powersave in the field of purchasing and brokerage services to the Customer are paid up to a maximum of 60€/POD per year for electricity and/or 40€/POD per year for natural gas. Our intervention is totally free for the negotiation of prices in the oil. 

Powersave may receive commission from the Vendor Selected in the case where the Customer decides to enter into a Supply Contract with the Successful Supplier. This commission helps to guarantee a service that is reliable and accessible to all. 

4. Responsibility

The responsibility of Powersave will not be liable if it is shown that Powersave has failed to comply with any of its obligations, and that such failure has caused a certain prejudice and direct to the Customer.

It is clarified that Powersave acts only as an intermediary between the Client and the Successful Vendor and does not represent the Client or the Supplier Selected in the conclusion of the Supply Contract.

Powersave cannot be held responsible for the consequences of the conclusion of the Supply Contract between the Client and the Successful Vendor.

Powersave cannot be held responsible for the damages that would be caused by the Successful Supplier. Powersave shall in no case be liable for damages resulting from a breach on the part of the winning Supplier.

Powersave writes the information offered on its website and organizes the presentation with the greatest care and the greatest attention. Nevertheless, it may happen that this information should be on a short-term, obsolete, taking into account, for example a change of law or regulation related to the rates of energies. No right, claim, commitment or warranty shall not arise out of the information and content of the site. Thus, one cannot claim warranty or commitment as to a certain result by virtue of the information provided on the site.

Information about the savings that can be published on the website or on our studies of the economies are provided purely for informational and guidance purposes. The figures, cost savings and prices calculated do not provide an indication of the amount that the participants could save on the annual bill. Only a formal contract with the future energy provider will determine final price.

Powersave cannot be responsible for any defects in connection with an unauthorized intrusion into its computer system or by the presence of virus that would be caused by certain features of the site.

Considering the technical features of the Internet Powersave cannot exclude the possibility that access to the site may be temporarily unavailable, due to maintenance work, a slowdown in the transfer of information or of a failure.

5. Major force

Powersave will not be held liable vis-à-vis the Client for any delays or failures in performance of its services or that are attributable to a case of force majeure, as generally recognized by the case law.

Without this list being exhaustive, are considered as cases of force majeure releasing Powersave its obligation to provide its services during the period of their existence : the total or partial strike, occurring in Powersave, a flood, an explosion, a fire, a war, a terrorist attack, riots, disaster, disruption, or an incident in communication networks, in particular, the internet, any other event whatsoever in the political, economic, social or natural, of a nature to disturb, to disrupt or suspend completely or partially the services of internet communication, despite the fact that these events would not be of force majeure.

6. Customer Service, and additional information

Customer service is available to the Client if it encounters difficulties to the entry and participation in a group buy, or if he wants additional information about the services provided by Powersave or the subject of the General Conditions.

The customer service of Powersave is available from Monday to Friday (excluding holidays) from 9 am to 17 pm at the following telephone number : +352 691 324 313 or to the following address : 49, Boulevard Grande Duchesse Charlotte L-1331 Luxembourg.

7. Protection of personal data

In accordance with the provisions of the applicable law, including regulation (EU) 2016/679 of 27 April 2016 (Regulation on data protection " RGPD "), the Customer recognizes having been informed and accepts that Powersave uses the data provided in the context of the registration in a group buy and pass it to the Provider Selected in the framework of the aforementioned services only.

Powersave confirms that the use and transfer of personal data of the Client will be made in respect of the rights of the Client and of the rules applicable in the matter to which the RGPD.

Powersave will retain Customer data for a period not exceeding that necessary for the purposes for which they are collected and processed.

The Customer has a right to information and a right to rectify his or her personal data, the right to be forgotten and may require the erasure of personal data, as far as constraints and legal obligations do not object. These requests are to be addressed to the head office of Powersave or to the following email address “contact@powersave.lu”.

8. Intellectual property

The website of Powersave and all its contents are the exclusive property of Powersave and are protected by intellectual property rights.

Any reproduction, publication, transmission, total or partial, is prohibited without the express consent of Powersave.

The brand "Powersave" is a registered trademark. It can not be used without the agreement of Powersave.

9. Acceptance of terms and Conditions

The General terms and Conditions are published on the website of Powersave (www.powersave.lu).

Before to confirm his / her registration to the bulk purchase, the Customer must confirm that you have read and agreed to the terms and Conditions by ticking the box provided for this purpose during the registration. The Customer's registration will not be validated without this confirmation.

10. Modification of terms and Conditions

The update of the General terms and Conditions is published on the website of Powersave (www.powersave.lu).

Powersave reserves the right to make amendments to the terms and Conditions and agrees to publish on its website the changes and to insert references of change compared to the previous version of the Terms and conditions at least 7 business days prior to their entry into force.

In addition, the Customer will receive the new terms and Conditions by email. In the absence of written refusal and the reasons for its part within 10 working days following the date of dispatch of the email containing the new General Conditions, the Customer will be deemed to have read and accepted without reservation the terms and Conditions.

11. The nullity or invalidity of any clause of the General Conditions

The General terms and Conditions shall be interpreted in accordance with the applicable law.

If any provision of the terms and Conditions should be determined to be void or ineffective, such nullity or invalidity will not affect the other clauses of the General Conditions.

12. Applicable law and competent court

The General terms and Conditions are governed exclusively by the laws of the Grand Duchy of Luxembourg and will be interpreted in accordance with them.

It is expressly agreed that all disputes arising out of the terms and Conditions are for the exclusive jurisdiction of the courts of Luxembourg city. In case of dispute, the Customer will address by priority Powersave to find an amicable solution.