Article 1- Purpose – scope of the General Terms and Conditions
These general conditions of sale (CGV) govern the sales contracts for products, concluded between the company SolarTech Energy Solutions, LLC, (hereinafter the “Seller”) and any customer, whether professional or consumer (hereinafter the “Seller”). Customer”) on the Seller’s website at the address: https://www.sunplicity.us. (hereinafter the “Site”). The General Terms and Conditions exclusively govern distance sales within the meaning of the Consumer Code, excluding transactions concluded in or outside the Seller’s premises. They define the rights and obligations of the parties, and are an integral part of the concluded sales contract.
Prior to ordering, the Customer declares to have read these General Terms and Conditions and to accept them without restriction or reservation. This acceptance is deemed to have been acquired in a clear and unequivocal manner, by computer validation of these General Terms and Conditions on the Seller’s Website; as required before placing any order. The fact, for any Customer of placing an order for goods on the Site, in any case implies their full, complete and unreserved acceptance of these General Terms and Conditions, which take precedence, where applicable, over any other particular conditions emanating from the Professional Customer.
The Seller reserves the right to modify these General Terms and Conditions at any time by publishing a new version on its Website, which can be consulted at the following address: https://www.sunplicity.us. In the event of modification, the applicable General Terms and Conditions are those in force at the time the order is placed.
The fact that the Seller does not avail itself of any provision of these General Terms and Conditions cannot be interpreted as a waiver on its part to subsequently avail itself of said provision.
If one of the stipulations of these General Terms and Conditions or of the sales contract were to be canceled, the clause concerned would be deemed unwritten and the nullity would not entail that of the other stipulations which would remain in force, unless otherwise mandatory.
Article 2 – Pre-contractual information:
Prior to ordering, the Customer expressly declares and acknowledges (1) being able to contract under United States law and/or validly representing the legal entity
for which he is contracting; (2) having benefited from the necessary advice and information from the Seller in order to ensure the suitability of the offer to its needs;
Seller Information: the Seller, the sole co-contractor of the Customer, is constituted by the Company SolarTech Energy Solutions, a US Limited Liability Company, EIN 83-1743633. Head office address: 5505 126th St. Suite 115, Lubbock, Texas, 79424. The Seller specializes in solar energy equipment, including the SUNplicity solar cooker, made in France.
Contact Seller: For more information or for any complaints, the Customer can contact the Seller by email at the address: sunplicity.us@gmail.com; or by telephone on 806-787-2533, or via the contact form on the link https://sunplicity.us/contact/.
Product Information: The goods whose sale is governed by these General Terms and Conditions consist exclusively of a foldable solar oven and its accessories, the essential characteristics of which are defined and accessible to the Customer on the Site (hereinafter “the Product” ).
Price information and conditions: The conditions relating to the price of the Products, delivery costs and accessories, the terms of payment, delivery and execution of the contract, are made available to the Customer on the Site https://www. sunplicity.us and remain accessible before any Order is placed. The Customer certifies having read it before entering into the contract.
Article 3 – Conclusion of the contract online:
The conclusion of the Sale between the parties necessarily presupposes, subject to the Consumer Customer’s right of withdrawal, (1) the Customer’s obligation to inquire and read the information presented on the Site relating to the essential characteristics of the offer. of Product; (2) the Customer’s selection of the Product and, where applicable, its options or accessories; (3) computer entry by the Customer of essential data concerning him (identification, address, etc.), and relating to the terms of his order; (4) acceptance of these General Terms and Conditions by the Customer; (5) verification of the terms of the order by the Customer and their possible correction; (6) payment for the Products in full. Except under specific conditions, the property rights granted hereunder are only granted to the natural person signing the order (or the person holding the email address communicated), the Seller being bound only by the terms and in the limits of the Customer’s order formulated during its computer entry. The Seller reserves the right (1) to refuse any
abnormal or excessive order, with regard to its technical, commercial, financial, logistical capabilities, or containing conditions exceeding the terms hereof, or which would be submitted to it in bad faith, in an illegitimate purpose or motive; and/or (2) not to record a payment, or not to confirm an order in the event of a supply problem, without its liability being incurred for any of these facts.
Article 4 – Orders:
Orders are placed by the Customer exclusively on the Seller’s Website, and through the interface made available to them, to the exclusion of any other process. Any order from the Customer is firm, definitive and binding, from its receipt by the Seller, subject to the right of legal withdrawal available to the Consumer Customer. Any subsequent modification of the Order for any reason whatsoever is only valid with the express prior agreement of the Seller. The contractual information brought to the Customer’s attention when taking the order is presented in the USA and is the subject of a summary and confirmation at the time of validation of this Order. Any order confirmation entails the Customer’s full acceptance of these General Terms and Conditions, and constitutes acceptance of the operations carried out. All data provided and entered by the Customer, as well as the recorded order confirmation, will constitute proof of the transaction. Upon validation of the Order, the Customer receives by email at the email address indicated (1) confirmation of payment made,
(2) an order confirmation email summarizing the terms, as well as (3) a copy in pdf format of these General Terms and Conditions, as previously validated during the award.
Article 5 – Deliveries:
Deliveries are made to the address indicated by the Customer when ordering, and under the conditions indicated on the validation page. The delivery time for Products is 9-12 days (working days), except in exceptional cases, after receipt of the full price of the order. The delivery time for products is ensured by La Poste via Colissimo from the manufacturer in France and by US carriers in the US, such as FedEx and UPS. In the event of late delivery exceeding 30 days beyond the indicated deadline, the Consumer Customer may cancel it and resolve the contract by a letter/email addressed to the Seller, under the conditions defined in the Consumer Code UCC §§ 2- 313–2-315. The Seller then reimburses the Product and shipping costs, under the conditions of the Consumer Code. Concerning sales concluded with non-consumer Customers, delivery delays cannot, however, give rise to any damages, price reduction, withholding, modification or cancellation of orders in progress. In all cases, the Seller will not be held responsible for delivery delays resulting from the unavailability or absence of the Customer after several unsuccessful appointment
proposals. The Seller provides the Customer with a telephone contact point (cost of local communication from a landline) indicated in the order confirmation email in order to monitor the Order.
Article 6 – Execution – Availability of goods:
The Seller undertakes to honor the Customer’s Order within the limits of available Product stocks and the stocks of its suppliers. In the event of unavailability of the Product for a period exceeding 90 working days, the Customer will be immediately informed by the Seller of the expected delivery times, and the Order may be canceled according to the terms set out in Article 5 of these General Terms and Conditions.
Article 7 – Price – delivery costs:
The price of the Products appearing on the order page are expressed in US Dollars, all taxes included, but excluding any processing, shipping and delivery costs, remaining at the responsibility of the Customer. These costs and the related formalities are the sole responsibility of the Client (declarations, payment to the competent authorities, etc.). The Seller reserves the right to modify its prices and pricing conditions at any time, but the Product will be invoiced on the basis of the price in force as appearing on the Site at the time of validation of the Order.
Article 8 – Payments:
All sales on the website are settled in cash. Payment is due immediately upon placing the Order, including for pre-ordered products. The Customer can make payment by credit card, by PayPal, or by bank check made out in USD to the order of SolarTech Energy Solutions and mailed to SolarTech Energy Solutions, 5505 126th St. Lubbock, Texas, 79424. If the Customer wishes to send a wire transfer, please contact SolarTech for the appropriate banking information.
Any late payment attributable to the Client results in: For Professional Clients: (1) the immediate payment of all sums due; in addition to the application of (2) late payment penalties corresponding to three times the legal interest rate and (3) a fixed compensation for recovery costs of $50, without prejudice to any other compensation that the Seller may claim. For Consumer Customers: (1) the immediate payment of all sums due after sending a formal notice which remains unsuccessful for 8 days, in addition to (2) the application of late payment penalties corresponding to the legal interest rate . In all cases, the Seller may suspend or terminate all current Customer Orders after sending a formal notice by email, or regular mail, which remains unsuccessful for more than 8 days from its receipt.
Article 9 – Reservation of ownership clause
Ownership of the Products remains with the Seller until the Customer has paid the full sale price. Concerning Professional Customers, the Seller retains ownership of the Products even in the event of collective proceedings opened against the Customer, in accordance with the American Commercial Code.
Article 10 – Refund Policy
A statutory right to cancel a contract or return a purchase because you change your mind is not the norm in Texas. SolarTech Energy Solutions will refund any purchase made within 14 days of receiving the goods, under the following conditions: 1) the client writes and email to sunplicity.us@gmail.com indicating his/her wish to return the cooker for a full refund, and he/she receives an authorization to return, 2) the client then returns the cooker in the same condition it was received in, in the same
shipping container, at their own expense. When the cooker is received and it is in resalable condition, SolarTech will then refund the amount paid, minus shipping costs,to the client. It will be returned to the same credit/debit card with which it was purchased.
Article 11 – Guarantees:
The Seller guarantees the Customer against (1) hidden defects affecting the Products sold under the conditions provided for in articles the civil code and (2) defects in conformity affecting the Products sold, under the conditions referred to in articles. of the Consumer Code for Consumer Customers only. Under the terms of this legal system, Products that are defective or do not correspond to the Order may be returned, refunded in whole or in part, or exchanged under the conditions set out below.
The Seller’s warranty does not apply to cases of apparent defects, as well as to defects, deterioration or destruction resulting from natural wear and tear of the Product, a case of force majeure, or when the alleged defect is consecutive to the use or misuse of the Product, imprudence, negligence of the Customer, or modification of the characteristics of the Product.
Article 12 – Liability:
Compliance: The Products sold comply with current Texas and USA legislation.
Receipt and apparent defects: The Seller is not responsible or liable for apparent defects (missing deterioration or other) which are noted by the Customer upon
receipt. It is therefore up to the Customer to check the Products upon receipt. In the event of apparent damage noted, it is up to the Customer (1) to notify the carrier of written and precise reservations email or regular mail within 3 (three) days following receipt of the Products, excluding public holidays, with a copy to Seller, and at the same time (2) to send a complaint to the Seller containing a precise description of the apparent defects noted, this email or regular mail within 7 (seven) calendar days, from receipt. If the Customer fails to comply with these conditions, the Products will be deemed to have been accepted without reservation by the Customer. This provision does not, however, prevent the Customer-Consumer from implementing the legal guarantees referred to in Article 11 of these General Terms and Conditions.
Transfer of risks: The transfer of risks to the Customer takes place: (1) concerning Professional Customers, upon delivery of the Products to the carrier by the Seller; (2) concerning Consumer Customers, from delivery of the Products. In accordance with articles of the Consumer Code, it is recalled that the risks of loss or damage to the Products are transferred to the Consumer Customer from the moment they take physical possession by the latter.
Use: The Seller cannot be held responsible for damage resulting from improper use of the Product by the Customer.
Professional Customers: Finally, the Seller cannot be held liable for any direct or indirect immaterial damage suffered by a Professional Customer.
Article 13 – Intellectual property rights:
These General Terms and Conditions do not constitute an assignment or transfer of any intellectal property rights belonging to the Seller. All related rights of the company SolarTech Energy Solutions, such as intellectual and industrial property rights, copyrights, other intangible elements (such as trademarks, patents, domain names, products, images, videos, texts, etc.); all elements, content, and information present on the Seller’s Website remain its exclusive property. Any reproduction, total or partial, modification, exploitation, use, distribution, of any of these elements, as well as the creation of any simple link or reference by hypertext link to the Seller’s Website must clearly mention the SUNplicity brand . The Customer publicly presenting the Product undertakes not to delete, alter or modify the distinctive signs of the Seller which are affixed to the Products. When using the Products publicly, in particular for commercial or promotional purposes, the Customer undertakes to
reproduce and mention on its communication media the Seller’s contact details, its logo, and the address of its website.
Article 14 – Protection of personal data:
In accordance with the Data Protection Act, the Customer has the right to access, modify, oppose, rectify and delete personal data concerning him, as collected by the Seller during the Order. To this end, he simply needs to make the request by simple mail addressed to the Seller, at the following address: SolarTech Energy Solutions, 5505 126th St., Suite 115, Lubbock, Texas, 79424, or by e-mail: sunplicity.us.@gmail.com.
By adhering to these General Terms and Conditions, the Customer consents to the collection and use by the Seller of his personal data necessary for the execution of these Terms. He also agrees to receive information and promotional offers concerning products and services from the Seller at the email address indicated. The Customer may object to the transmission of information concerning him and/or no longer receive announcements and special offers from the Seller, by e-mail or by regular mail addressed to the Seller at the addresses indicated for the Seller.
Article 15 – Force majeure:
In the event of the occurrence of a fortuitous event or force majeure, the performance of the Seller’s obligations hereunder will be suspended, without its liability being able to be sought in this respect. The Seller will notify the Customer of the occurrence of such an event as soon as possible.
Article 16 – Complaints – Refunds:
All complaints, requests for exchange, reimbursement or guarantee must be sent to the Seller by post sent by or by e-mail to the following address: : SolarTech Energy Solutions, 5505 126th St., Suite 115, Lubbock, Texas, 79424, or by email to: sunplicity.us@gmail.com
No return of Products may be made unilaterally by the Customer without the prior written consent of the Seller. This article applies without prejudice to the right of withdrawal enjoyed by the Consumer Customer in application these General Terms and Conditions.
Article 17 – Disputes:
In the event of a dispute of any nature or dispute relating to these General Terms and Conditions and/or the sales contracts concluded, this dispute will be submitted (1) for any sale concluded with a Consumer Customer, to the competent jurisdiction in application of common law and in accordance with the provisions of the Consumer Code; (2) for any sale concluded with a Professional Customer, to the Commercial Court of Lubbock, Texas, to the exclusion of any other jurisdiction, even in the event of an incidental claim, multiple defendants or warranty claims.
Article 18 – Applicable law:
These General Conditions of Sale, as well as sales concluded on the Site in accordance with these General Conditions of Sale, are governed by American law. In the event of a dispute, the Texas courts have sole jurisdiction.