Terms & Conditions
(Only for residential and commercial projects)
The terms and conditions of Solfium México, S.A. are detailed below. de C.V. for residential and commercial projects. The use of the website and/or mobile application will be understood as an acceptance of the same.
General
This agreement establishes all the terms and conditions by which the use of the mobile application and website (hereinafter 'the platform') will be regulated, as well as the terms and conditions for the commercialization of the products offered on the platform ( hereinafter, the 'Terms and Conditions'), in accordance with the Federal Consumer Protection Law and the Official Mexican Standard NMX-COE-001-SCFI-2018. The User (natural person who interacts through this platform) by accepting these Terms and Conditions accepts and acknowledges that they have read them, expressing their broadest acceptance and submission to them. The User acknowledges by accepting these Terms and Conditions that he is of legal age and that he has full exercise capacity to be bound and that the legal relationship that he will have with the company SOLFIUM MÉXICO, S.A. DE C.V. (hereinafter 'SOLFIUM') will be governed solely and exclusively by the clauses contained therein, as well as accepting and acknowledging that these Terms and Conditions may be unilaterally modified by SOLFIUM, the current Terms and Conditions being those that are published on the platform, on the date on which the corresponding operation is carried out, or the use on it. The following terms and conditions will apply to all quotes, sales contracts (including concepts for advice), and other contractual actions. Private agreements that deviate from these conditions will only be valid if they are confirmed in writing. All quotes are made without obligation, unless expressly agreed.
Our Data
For the purposes of complying with the provisions of section III of article 76 BIS of the Federal Consumer Protection Law and by numeral 5.2.1.1. of the Official Mexican Standard NMX-COE-001-SCFI-2018, the following information is 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 Phones: +52 442 226 4254 Email: info@solfium.com Social networks: https://www.linkedin.com/company/solfium Opening hours and days: Monday to Friday from 8:00 a.m. to 5:00 p.m.
Your data and your visits to our platform
The information or personal data provided by the User will be processed through an Information System administered by SOLFIUM, which guarantees transparent and effective protection, in accordance with accepted security standards in terms of information security and trade. electronic. The User accepts and acknowledges the treatment of said information and data by SOLFIUM, solely and exclusively for the use of the platform and for making purchases by virtue of it. The User declares that all the information or data that the User has provided is true.
4. Quotation, approval, modification and scope
The purchase order is a document issued by SOLFIUM, to sign the agreement that it describes and that, together with the terms and conditions of the Purchase Order, any order issued by the User, any communication, and any applicable special terms and conditions to any specific order, published by SOLFIUM, will be the complete and exclusive declaration of the purchase order. The offer must be accepted in writing by signing the Purchase Order or through the platform, when the client clicks 'accept offer' and make the payment.
The price
The established price includes Value Added Tax, shipping and installation costs of the product. Said price is established in national currency.
Offers and price lists, published manually or electronically, are indicative, reserving Solfium Mexico the right to increase or modify said prices without prior notice. Orders will be accepted subject to a possible increase in price. Any modification or additional cost for these concepts will be borne by the User. The price will be adjusted to the provisions of the Purchase Order and order confirmation.
If special circumstances require alternative pricing, a separate purchase order must be issued to cover these cases.Prices for all purchase orders are fixed, as agreed, unless the User changes all aspects of the Purchase Order, impacting SOLFIUM's costs.
Delivery times, delivery interruption
The delivery of equipment and services will be done in a timely manner unless due to force majeure this limits SOLFIUM to comply with the delivery deadlines, the measures adopted in relation to labor or commercial conflicts and other events that are unable to be avoided despite exercising appropriate care in the circumstances, regardless of whether these events occur as part of the SOLFIUM work team or through no fault of its own, and cases that are not attributable to SOLFIUM such as transport stops, government actions , incorrect deliveries or delays in them; in these cases the delivery period will be extended by the duration of the delay, plus an appropriate period of time.
In the event that it is unreasonable or impossible for SOLFIUM to make the delivery due to circumstances of the aforementioned type, we reserve the right to the right to limit the scope thereof in an appropriate manner. If the delivery is impossible subsequent to the circumstances, both parties by mutual agreement, may terminate the contract. In the event of delay or impossibility of delivery by the supplier, the buyer has the right to withdraw from the contract subject to legal requirements. Claims for compensation for non-performance are excluded unless SOLFIUM is liable for intentional damage or gross negligence or breach of a contractual obligation.
If delivery is carried out late due to SOLFIUM's negligence and because of this the User suffers a consequent loss, it is possible to claim compensation for the demonstrable loss for half of one percent for each full week of delay, but up to a maximum of five percent of the value of the total delivery. In any of the cases, the User will be notified immediately if there is any delay in the delivery of the parts or the provision of services.
Payment terms
Payment must be in cash or through financing (through a third party). The installation will take place when the cash payment is made, or when the financing has been approved. Said financing is subject to authorization by the responsible financial entity.
The User may use credit, debit, PayPal and/or bank transfer cards as a means of payment. SOLFIUM may later add other various payment methods to its platform.
The User accepts that in order to minimize the risk of unauthorized access to their information, their credit card details will be encoded. Once SOLFIUM receives your order, a pre-authorization will be done on your card to ensure that there are sufficient funds to complete the transaction. The charge on the User's card will be made at the time the order leaves the SOLFIUM warehouses. If the means of payment is Paypal, the charge will be made at the time that SOLFIUM confirms the order to the User. By clicking on 'Authorize Payment', the User accepts that they are confirming that they are the holder of the credit card. Credit cards will be subject to checks and authorizations by the issuing financial institution, but if said entity for any reason does not authorize payment, the User accepts that SOLFIUM will not be responsible for any delay or non-delivery.
Within the payment procedure, SOLFIUM will request the corresponding tax data from the User in order to perfect the operation and so that SOLFIUM can send the tax receipt to the User.
Invoices
Except as provided, SOLFIUM must present the invoices for the parts purchased or services performed, must include the Purchase Order number on each invoice and if applicable. Said invoices do not refer to more than a single purchase order and must include the following information: Quantity or part number, description of the article or service. The invoice must be delivered to the User once the service is finished or upon delivery of the product to the User and the payment must be made within a period of no more than one week.
Warranties, complaints and liability for defects
SOLFIUM declares that the Photovoltaic System and its installation have GUARANTEES, as provided in the 'Breakdown of Guarantees' included in the proposal that SOLFIUM sends prior to signing the contract, which consist of repairing the damaged or malfunctioning element. and if its repair is not possible, a replacement will be made for an equal or similar quality item.
GUARANTEES vary in time depending on their components as detailed in the corresponding purchase order.
SOLFIUM will responsible for any damage occurred to the property or the goods contained in it during the installation process, demonstrating the occurrence and responsibility of said damage. The request must be reported to SOLFIUM within a period that shall not exceed 15 calendar days, after said period no claim will proceed in this regard. SOLFIUM also expresses its willingness to contract civil liability insurance under the conditions stipulated by the USER, at the User's expense.
Complaints for obvious defects must be made in writing and within the first 90 calendar days from the date in which the User receives the product, when said goods present defects or hidden defects that make them unsuitable for the uses for which they are normally destined or diminish their quality or the possibility of use. The User will be entitled to this return as long as the product is in the same condition in which it was received except for the defect or hidden defect that it presents. In any case, the User must deliver together with the product to be returned the electronic ticket that he will have received attached to the Shipping Confirmation, which can also be found in his User account.
All the recommendations for the use of the Products will be expressed to the User at the end of the installation. SOLFIUM cannot be held liable for losses incurred within the framework of the warranty cause of non-compliance with contractual accessories accessories, erroneous advice, unauthorized actions, breach of contract and especially if this damage does not arise from the position of delivery, nor our legal representatives or vicarious agents. Claims for compensation are also excluded after the warranty has expired, unless otherwise stated in writing.
Cancellation for default
Any project cancellation by the User will generate a charge of 30% of the total amount. In terms of the foregoing, the 30% charge is excepted when the User, within five business days from the delivery of the product or the acceptance of the service, whichever occurs last during that period, the Consumer can revoke his consent. without responsibility or justification. Which will be carried out, as long as the good, product has not been used or consumed or the service has been provided; that the goods or products have been preserved in the original state in which they were delivered (including accessories, packaging, manuals, among others), as well as when the purchase and payment of the good, product or provision of the service is accredited; excluding those goods or products that by their nature cannot be returned or that are made to measure.
Changes
If the User wishes to change the design (including drawings, materials and specifications), the method of packaging, the shipment and the place of delivery of the parts and services, this will cause an increase or decrease in the cost or an affectation in the execution calendar, and the User must absorb these expenses and adjust the purchase price and delivery terms in an equitable manner.
In the particular case of a decrease as previously expressed, a proportional withholding will be applied to the affectation to SOLFIUM, who reserves the right to technical-economic modification of the given systems, products and equipment, due to changes in particular construction specifications or conditions of the project location, guaranteeing however that the products, designs and services will be the appropriate to be used, this same concept will be applied when during the execution of the project there are technical or security difficulties for the development of the works as well as those that require urgency in their construction derived from a fortuitous event or force majeure, which will be justified under a technical opinion, which will include the form, style, distribution or functional design of the work and will be expressed by means of plans, calculation reports, general and particular specifications or some other element that allows the work to be carried out.
Liability
Compensation claims of any kind, even outside the warranty, brought against the supplier are excluded unless the losses were caused by the supplier with intent or gross negligence or breach of a contractual obligation.
Right of property
The merchandise supplied is the property of SOLFIUM until full payment thereof, including the facilities that are in operation, being entitled to withdraw, if the debt is not settled within the agreed time or insolvency cases on the part of the buyer.
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. contrary in said content and the User may not in any way make use of said material.
Assignment of environmental assets
The User declares and agrees to assign to Solfium all and each of the environmental assets that are generated in any way as a result of the installation of the solar panels, including any rights arising from the reduction of greenhouse gas emissions. Likewise, the User agrees to cooperate with everything necessary for Solfium to obtain exclusive ownership of said environmental assets and their proper monitoring.
Applicable law and jurisdiction
Both parties agree that the use of the platform and the legal acts that may arise will be governed by Mexican legislation, in particular by the Commercial Code and the Federal Consumer Protection Law. Any controversy that arises or is related to the use of the platform or with said contracts will be submitted to the jurisdiction of the courts and tribunals of the City of Querétaro, Querétaro, the User expressly waiving any other jurisdiction that may correspond to them due to their present or future domicile or for any other cause.
Mechanisms for claims, clarifications, comments and suggestions
The User may send any request for clarification, complaint, comments and suggestions through our contact channels established in the 'our data' section, which will be attended by SOLFIUM, who, if necessary, will give a telephone number. identification of the clarification or claim for its corresponding follow-up.
Any questions or comments about the terms and conditions please direct them to info@solfium.com