Terms and conditions

1. General provisions

This agreement sets out all the terms and conditions that will govern use of the mobile application and website (hereinafter 'the platform'), as well as the terms and conditions for the sale of the products offered on the platform (hereinafter, the 'Terms and Conditions'), in accordance with the Ley Federal de Protección al Consumidor and Mexican Official Standard NMX-COE-001-SCFI-2018. By accepting these Terms and Conditions, the User (a natural person who interacts through this platform) accepts and acknowledges that they have read them, and expresses their full submission to them. By accepting these Terms and Conditions, the User acknowledges that they are of legal age and have full legal capacity to bind themselves, and that the legal relationship they will have with the company SOLFIUM MÉXICO, S.A. DE C.V. (hereinafter “SOLFIUM”) will be governed solely and exclusively by the clauses contained herein. The User also accepts and acknowledges that these Terms and Conditions may be amended unilaterally by SOLFIUM, and that the Terms and Conditions in force are those published on the platform on the date the corresponding transaction is carried out, or on the date the platform is used. The following terms and conditions will apply to every quotation, sales contract (including advisory items), and other contractual acts. Particular agreements that depart from these conditions will be valid only if confirmed in writing. All quotations are made without obligation, unless expressly agreed otherwise.

2. Our details

In order to comply with section III of article 76 BIS of the Ley Federal de Protección al Consumidor and with section 5.2.1.1 of Mexican Official Standard NMX-COE-001-SCFI-2018, the following details are provided so that the User can identify the supplier:

Name: SOLFIUM MÉXICO, S.A. DE C.V.
Physical address: Av. Fray Junípero Serra Km 17, Int. 1, Col. El Salitre, C.P. 76127, Santiago de Querétaro, Querétaro
RFC: SME210210K14
Telephone: +52 442 226 4254
Email: info@solfium.com
Social media: https://www.linkedin.com/company/solfium
Hours and days of service: Monday to Friday, 8:00 a.m. to 5:00 p.m.

3. Your data and your visits to our platform

Information or personal data provided by the User will be processed through an information system managed by SOLFIUM, which ensures transparent and effective protection, in accordance with accepted information-security and e-commerce security standards. The User accepts and acknowledges SOLFIUM’s processing of that information and data, solely and exclusively for use of the platform and for purchases made through it. The User declares that all information or data the User has provided is truthful.

4. Quotation, approval, modification, and scope

The purchase order is a document issued by SOLFIUM to record the agreement it describes and which, together with the terms and conditions of the Purchase Order, any order issued by the User, any communication, and any special terms and conditions applicable to any specific order, published by SOLFIUM, will be the complete and exclusive statement of the purchase order. The offer must be accepted in writing by signing the Purchase Order or through the platform, when the customer clicks “accept offer” and makes the payment.

5. The price

The stated price includes Value Added Tax and the costs of shipping and installing the product. That price is stated in national currency. Offers and price lists, published manually or electronically, are indicative, and Solfium México reserves the right to increase or change those prices without prior notice. Orders will be accepted subject to a possible price increase. Any modification or additional cost for these items will be borne by the User. The price will be as set out in the Purchase Order and the order confirmation. If special circumstances require an alternative price, a separate purchase order must be issued to cover those cases. The prices of all purchase orders are fixed, as agreed, unless the User changes all aspects of the Purchase Order in a way that affects SOLFIUM’s costs.

6. Delivery times and interruption of delivery

Equipment and services will be delivered on time and in proper form, unless force majeure prevents SOLFIUM from meeting the delivery times, including measures taken in connection with labor or commercial disputes and other events that cannot be avoided despite exercising the care appropriate to the circumstances, regardless of whether those events occur within part of SOLFIUM’s work team or for reasons outside it, and cases not attributable to SOLFIUM such as transport stoppages, government actions, and incorrect or delayed deliveries. In those cases the delivery period will be extended by the length of the delay, plus a reasonable additional period. If it is unreasonable or impossible for SOLFIUM to make the delivery because of circumstances of the kind mentioned above, we reserve the right to limit its scope in an appropriate manner. If delivery becomes impossible as a result of those circumstances, both parties may, by mutual agreement, rescind the contract. In the event of delay or impossibility of delivery by the supplier, the buyer has the right to rescind the contract subject to the legal requirements. Claims for compensation for non-performance are excluded unless SOLFIUM is liable for intentional damage, gross negligence, or breach of a contractual obligation. If delivery is late because of SOLFIUM’s negligence and the User suffers a resulting loss because of it, the User may claim compensation for the demonstrable loss of one half of one percent for each full week of delay, up to a maximum of five percent of the value of the total delivery. In any event, the User will be notified immediately if there is any delay in the delivery of parts or the provision of services.

7. Payment terms

Payment must be in cash or through financing (through a third party). Installation will be carried out when the cash payment has been made, or when the financing has been approved. That financing is subject to authorization by the responsible financial institution. The User may pay by credit card, debit card, PayPal, and/or bank transfer. SOLFIUM may later add other payment methods on its platform. The User accepts that, in order to minimize the risk of unauthorized access to their information, their credit card data will be encoded. Once SOLFIUM receives the order, a pre-authorization will be placed on the card to ensure that sufficient funds exist to complete the transaction. The charge to the User’s card will be made when the order leaves SOLFIUM’s warehouses. If the payment method is PayPal, the charge will be made when SOLFIUM confirms the order to the User. By clicking 'Authorize Payment', the User accepts that they are confirming they are the holder of the credit card. Credit cards will be subject to checks and authorizations by the issuing financial institution, but if that institution for any reason does not authorize the payment, the User accepts that SOLFIUM will not be responsible for any delay or failure to deliver. During the payment process, SOLFIUM will ask the User for the corresponding tax details in order to complete the transaction and so that SOLFIUM can send the tax receipt to the User.

8. Invoices

Except as otherwise provided, SOLFIUM must submit invoices for the parts purchased or services performed, and must include on each invoice the Purchase Order number, where applicable. Those invoices will not refer to more than one purchase order and must include the following details: quantity or part number, and a description of the item or service. The invoice must be delivered to the User once the service is finished or when the product is delivered to the User, and payment must be made within no more than one week.

9. Warranties, complaints, and liability for defects

SOLFIUM states that the Photovoltaic System and its installation have WARRANTIES, as set out in the “Warranty Breakdown” included in the proposal that SOLFIUM sends before the contract is signed, consisting of repair of the damaged or malfunctioning item and, if repair is not possible, replacement with an item of equal or similar quality. The WARRANTIES vary in duration according to their components, as detailed in the corresponding purchase order. SOLFIUM is responsible for any damage to the property or to the goods inside it during the installation process, once the occurrence of that damage and responsibility for it have been demonstrated. The request must be reported to SOLFIUM within a period that must not exceed 15 calendar days; after that period, no claim in that regard will be accepted. SOLFIUM also states its willingness to take out civil liability insurance on the terms the USER stipulates, at the User’s expense. Complaints about obvious defects must be made in writing and within the first 90 calendar days from the date the User receives the product, when those goods have defects or hidden defects that make them unfit for the uses for which they are ordinarily intended or that reduce their quality or the possibility of use. The User will be entitled to this return provided the product is in the same condition in which it was received, except for the defect or hidden defect it presents. In any event, the User must deliver, together with the product to be returned, the electronic receipt received with the Shipping Confirmation, which can also be found in the User’s account. All recommendations for use of the products will be given to the User at the end of the installation. SOLFIUM is not responsible for losses suffered in connection with a warranty claim arising from breach of accessory contractual obligations, erroneous advice, unauthorized actions, or breach of contract, and especially if this damage does not arise from the delivery position, or from our legal representatives or indirect agents. Compensation claims are also excluded once the warranty has expired, unless otherwise stated in writing.

10. Cancellation for breach

Any cancellation of a project by the User will generate a charge of 30% of the total amount. Notwithstanding the foregoing, the 30% charge does not apply when, within five business days counted from delivery of the product or acceptance of the service, whichever occurs last during that period, the Consumer revokes their consent without liability or any justification. That revocation will be carried out provided the good or product has not been used or consumed, or the service has not been performed; the goods or products have been kept in the original condition in which they were delivered (including accessories, packaging, manuals, and the like); and the purchase and payment of the good, product, or service can be proven. Goods or products that by their nature cannot be returned, or that are made to measure, are excluded.

11. Changes

If the User wishes to change the design (including plans, materials, and specifications), the packaging method, the shipping, or the place of delivery of the parts and services, this will cause an increase or decrease in cost or an effect on the performance schedule, and the User must bear those costs, and the purchase price and delivery times will be adjusted equitably. In the particular case of a decrease as described above, a retention proportional to the effect on SOLFIUM will be applied. SOLFIUM reserves the right to make a technical and economic modification of the given systems, products, and equipment because of a change in particular construction specifications or in the conditions of the project location, while nevertheless guaranteeing that the products, designs, and services will be suitable for use. The same concept will apply when, during performance of the project, technical or safety difficulties arise for carrying out the work, as well as those that require urgency in construction because of fortuitous events or force majeure, which will be justified by a technical opinion. That opinion will include the form, style, distribution, or functional design of the work and will be expressed through plans, calculation reports, general and particular specifications, or any other element that makes it possible to carry out the work.

12. Civil liability

Claims for compensation of any kind, including outside the warranty, brought against the supplier are excluded unless the losses were caused by the supplier intentionally or through gross negligence, or through breach of a contractual obligation.

13. Ownership

The goods supplied remain the property of SOLFIUM until they have been paid for in full, including installations that are already in operation. SOLFIUM is entitled to remove them if the debt is not settled within the agreed time or in cases of insolvency on the part of the buyer.

14. Intellectual property

The User acknowledges that the industrial and intellectual property rights contained in the platform, whether trademarks, commercial notices, copyrights, or any other distinctive sign, invention, or copyright, are the property of SOLFIUM, unless otherwise indicated in that content, and the User may not in any way make use of that material.

15. Assignment of environmental assets

The User declares and accepts that they assign to Solfium, for Solfium’s benefit, each and every environmental asset generated in any way as a result of the installation of the solar panels, including any rights resulting from the reduction of greenhouse gas emissions. The User also undertakes to cooperate with everything necessary for Solfium to obtain exclusive title to those environmental assets and to monitor them properly.

16. Governing law and jurisdiction

Both parties agree that use of the platform and the legal acts that may arise from it will be governed by Mexican law, in particular by the Código de Comercio and the Ley Federal de Protección al Consumidor. Any dispute that arises from or relates to use of the platform or to those contracts will be submitted to the jurisdiction of the courts of the City of Querétaro, Querétaro, and the User expressly waives any other venue that might correspond to them by reason of their present or future domicile or for any other cause.

17. Mechanisms for claims, clarifications, comments, and suggestions

The User may send any request for clarification, claim, comment, or suggestion through our contact channels set out in the “our details” section. They will be handled by SOLFIUM, which, if necessary, will provide an identification number for the clarification or claim so that it can be followed up.

Any question or comment about the terms and conditions should be sent to info@solfium.com