1- SCOPE OF APPLICATION.
These Terms and Conditions apply to all sales, contracts, or services provided to CUSTOMERS by YOFI SUN, SL e DC-PV DECENTRALIZED PHOTOVOLTAICS LDA, hereinafter referred to as SELLER, for orders placed online on the website www.pvpartner.comby email or in a physical store. These conditions will prevail over any others, and YOFI SUN, SL and DC-PV DECENTRALIZED PHOTOVOLTAICS LDA reserve the right to change them, always in writing, without the need for the CLIENT's agreement. Placing an order constitutes acceptance of these Terms and Conditions.
The terms of sale are Incoterms 2000: EXW. The registered office of YOFI SUN, SL is located at Paseo General Martínez Campos, Num. 49, Planta 6, 28010 MADRID (Madrid) Spain. The registered office of DC-PV DECENTRALIZED PHOTOVOLTAICS LDA is located at Rua José Ramalho Viegas nº5 R/C Esq, 8005-226 Faro.
2- ORDER/CONTRACT.
Orders must be placed by email or through the online store and are only considered binding when accepted in writing by the SELLER, through a written confirmation sent via one of the indicated means of communication. After receiving the order confirmation, the CUSTOMER must verify it and inform the SELLER in writing of any errors within 24 hours. Otherwise, the product description and technical specifications indicated in the order confirmation sent by the SELLER will be considered correct, and the order is confirmed.
3- PRICE AND PAYMENT CONDITIONS.
Quotations or economic offers are only valid when detailed in writing and for the period expressly indicated therein. If no deadline is specified, a maximum period of 3 days is considered, without the possibility of extension. The product price, as well as the terms and conditions of payment, are defined in the confirmation of each order. Prices do not include taxes, fees, insurance, assembly or other additional costs that may arise from the delivery of the products, which will be the responsibility of the CLIENT unless expressly agreed in writing in the order. If, for reasons beyond the SELLER's control, such as variations in exchange rates, tariffs, insurance or other production costs (including those of components and services), there is a need to change the price, the SELLER reserves the right to modify the price.
Payment must be made at the time of ordering or, where applicable, as stipulated in the terms and conditions set out in the order confirmation. The SELLER may suspend delivery of goods or services until the total amount has been paid in full. In case of late payment, all additional costs will be added to the final amount, and a late payment interest rate of 1% per month will be applied to the CLIENT on the outstanding balance, from the due date until full payment.
Before shipping goods or providing a service, the SELLER reserves the right to verify the approval of payment methods by the corresponding entities for as long as necessary. In the event of total or partial non-payment on the agreed due date, the SELLER may suspend or cancel any pending shipment or contract, without incurring any liability for any damages or losses, including loss of profits, or damages caused by delays or loss of production.
Under no circumstances will the aforementioned power exempt the CLIENT from its contractual obligations regarding payments due and the receipt of products.
If the customer resides outside the European Community and wishes to benefit from tax exemption, they must send the SELLER a copy of the invoice and proof of residence abroad after receiving the order. Once the invoice is presented to Customs, the customer must send it along with their bank details to proceed with the tax refund.
4- DELIVERY/TITLE/RISK.
The goods will be delivered to the CLIENT within the timeframe and at the location specified in the order confirmation. Deliveries may occur in installments. Delivery is considered complete when the SELLER makes the products available to the CLIENT.
It is the CLIENT's responsibility to check the condition of the products upon receipt, indicating on the delivery document any observations or claims of damage that may be justified (see delivery conditions). If delivery is refused without the SELLER's approval, all resulting costs and/or damages are the CLIENT's responsibility.
The CUSTOMER is not entitled to claim for missing products or visible damage to products, unless such observations are recorded on the transport document or delivery note and transmitted in writing within a maximum of 24 hours of their occurrence.
The CUSTOMER must ensure that they have the means to unload the goods and that the delivery address is suitable for unloading the order. The SELLER is not responsible for the lack of unloading means, nor for the inadequacy of the unloading area at the chosen location. If the goods are not accepted within the delivery period, the SELLER has the right to charge the CUSTOMER for storage costs and new delivery costs.
The SELLER is not responsible for the non-performance of its obligations in unforeseeable or unavoidable situations, or in circumstances beyond its control (force majeure or acts of God). This includes, but is not limited to: acts of government, strikes, lockouts, civil unrest, earthquakes, natural disasters, shortages of raw materials, supplies or equipment, and lack of operation of facilities. The goods supplied, notwithstanding the fact that their direct possession has already been transferred to the CLIENT, shall remain the property of the SELLER until the full price is paid. The CLIENT may not pledge or assign these goods to third parties as security, whether real or personal, until full payment is made. Until this occurs, the CLIENT must keep the goods in good condition and identify them, if applicable, as the property of YOFI SUN, SL or DC-PV DECENTRALIZED PHOTOVOLTAICS LDA. The exercise of the reservation of title does not imply the waiver of the right to demand the performance of the contract or compensation for damages.
5- ACCEPTANCE OF GOODS.
The Customer must examine the products immediately upon delivery, having 24 hours to inspect and report any defects or damage resulting from the delivery. After this period, the delivery of the product will be considered accepted without reservation by the customer, and the seller will not be responsible for any damage, with the CUSTOMER losing any right to claim for it. If a product needs to be returned for justified reasons and the SELLER has been informed, the merchandise must be returned in its original condition, with its packaging, return note, and proof of purchase. Return shipping costs will be borne by the CUSTOMER, unless there is a justification for the return in terms of the product warranty included in the package.
6- RETURNS.
The CUSTOMER may request the return of a product within 10 days of the date of receipt, in accordance with the right of free resolution provided for in applicable legislation.
For the return to be accepted, the product must have its original packaging, with no signs of use, damage or alteration, accompanied by all accessories, manuals and documents sent.
The CUSTOMER must contact customer service via email at shop@pv-partner.com, providing the order number and the reason for the return.
After the request, instructions for sending the product will be provided. The shipping cost may be the responsibility of the customer, except in cases of defects or errors in the order.
If the return meets all the previous conditions, a credit note will be issued to be discounted from a future purchase.
7-WARRANTIES.
The CUSTOMER shall use the goods in accordance with the manufacturer's manual and instructions for use. Therefore, the SELLER is not responsible for any damage caused to property or third parties due to incorrect handling and failure to comply with the instructions contained in the user manual or the product's Safety Standards. The SELLER is not responsible for incorrect installation or malfunction of the product. If the product(s) supplied are defective during the warranty period stipulated by the manufacturer, the SELLER will assist in all necessary communications with the product supplier or manufacturer for repair or replacement within a reasonable timeframe. The CUSTOMER shall allow the SELLER or third parties exclusively defined by the SELLER to examine the product at their location or at the facilities indicated. The SELLER will give the necessary attention to resolving problems within an appropriate period according to the existing circumstances.
The SELLER does not guarantee or assume responsibility for:
- Damage caused by improper installation, use, modification or repair by unauthorized third parties or by yourself;
- Damage caused by any person or other external force;
- Product suitability for a specific purpose or use different from that intended;
- Lack of response or attention from the supplier or manufacturer of the product;
- Transport or repair costs invoiced by the manufacturer/supplier.
The SELLER's liability for any breach of this warranty, its service commitments, or for any other reason, shall in no case exceed the price of the product indicated in the order confirmation. The warranty covers only labor and defective parts, thus limiting the SELLER's liability. The SELLER is not responsible for the replacement of consumables, abnormal use of the products, malfunctions in accessories, damage caused by external causes to the device, or deterioration caused by adaptations or adjustments. The warranty is not invalid if the product's serial number has been modified, in case of shocks, accidents and/or improper transport, handling by personnel other than the technical service recommended by the manufacturer and SELLER, or manipulation of any identification/control seal or label, normal wear and tear, damage due to natural phenomena or catastrophes such as storms. The warranty does not also exclude floods, lightning, earthquakes, fires, insolvency of the product supplier or manufacturer, etc.
METHOD
Before the CLIENT sends any material, it is essential to contact the SELLER. The shipment will not be accepted if a tracking number has not been assigned prior to sending, and the material will be returned to the CLIENT plus the shipping cost.
To place an order, the CUSTOMER must send an email to shop@pv-partner.com with the following information:
- Product reference
- Product serial number
- Invoice number.
- Detailed description of the defect or aspect to be repaired.
- Shipping address for the repaired product, if different from the billing address.
Once the process is complete, the CLIENT will receive an email informing them how to proceed with the return of the material. Shipping costs will be borne by the CLIENT, who is responsible for any damage and/or loss resulting from the transport of the product.
8- SERVICES.
When services to be provided by the SELLER are agreed upon, the estimated response times are indicative and may vary depending on the location or accessibility of the product. The service may be provided by telephone or internet, depending on the characteristics and circumstances. If agreed upon and indicated in the order confirmation, the service offer may include advice and training on the product(s).
Unless expressly stated in the order confirmation, the service does not include: items excluded from the warranty, configuration changes, repositioning, preventive maintenance, work that, according to the SELLER, is not necessary, or issues related to the electrical environment.
9- EXPORT CONTROL.
The product may include technology and software subject to applicable U.S. export control laws and/or the laws of the country where the product is delivered or used, and these laws must be respected by the CLIENT. The product may not be sold, rented, or transferred to end users or countries subject to such laws or users involved in weapons of mass destruction or genocide. U.S. restrictions may vary frequently depending on the product, so it is necessary to consult the applicable U.S. regulations in each specific case. Once this notice is issued, the SELLER is exempt from any liability, with the end CLIENT being solely and jointly liable for any resulting contingencies and damages.
10- FORCE MAJEURE.
The SELLER is not liable for delays (including deliveries or services) resulting from circumstances beyond its reasonable control, and an extension of time is granted for the performance of these obligations. This includes, but is not limited to: strikes, transport, supply or production problems, exchange rate fluctuations, government action and natural disasters. If the force majeure event persists for more than two (2) months, either party may terminate this contract without entitlement to compensation.
11- CONFIDENTIALITY.
The parties will treat all information and documents received or issued by any means and referring, directly or indirectly, to this transaction as “confidential”, without the possibility of using it for other purposes, but only the satisfaction and fulfillment of the object of this contract.
12- RESOLUTION.
YOFI SUN, SL and DC-PV DECENTRALIZED PHOTOVOLTAICS LDA. may terminate this contract upon prior written notice, for any of the reasons set forth in the civil code of the country of origin and headquarters of YOFI SUN, SL and DC-PV DECENTRALIZED PHOTOVOLTAICS LDA., and if: 1) the price is not paid on time, for which the parties expressly agree that the total or partial non-payment will result in the automatic termination of the contract without the possibility of any claim by the breaching party; 2) the CLIENT violates, or YOFI SUN, SL and DC-PV DECENTRALIZED PHOTOVOLTAICS LDA. suspect that the CLIENT has violated, export control laws. Either party may terminate this contract if the other: (1) materially and persistently breaches this contract and fails to remedy such breach within 30 days of being requested in writing to do so; or 2) is declared to be in judicial reorganization, bankruptcy, or unable to pay its debts by the due date. A contracting party that has faithfully fulfilled its obligations as agreed may choose to demand fulfillment of the obligations acquired by the counterparty, or request the termination of the agreement and demand compensation.
13- CUSTOMER OBLIGATIONS.
The CLIENT's primary obligation is to pay the price of the product and/or associated services in accordance with the agreed terms and conditions.
The CLIENT is responsible for the product and its suitability for a specific intended purpose; the CLIENT must also cover their telephone and postage expenses, if applicable, to contact the SELLER. They will address our staff with due courtesy, demonstrating the same manners required of a good merchant, as established in the Commercial Code, providing all necessary information and cooperating with the SELLER to enable them to faithfully fulfill their commitments.
14- DATA PROTECTION.
By making a purchase with YOFI SUN, SL and DC-PV DECENTRALIZED PHOTOVOLTAICS LDA, the CUSTOMER consents to the collection, storage and processing of their personal data, as provided for in the General Data Protection Law (LGPD – Law No. 13.709/2018).
Data collected includes, but is not limited to: name, shipping address, email, telephone and payment information.
Personal data will be used to:
- Processing and delivery of orders;
- Issuing invoices and complying with legal obligations;
- Payment processing through authorized third parties;
- Communication with the CUSTOMER regarding the status of the purchase and delivery;
- Sending offers and promotions, if authorized by the CLIENT.
The SELLER may share the CLIENT's data with:
- Transport companies and logistics services for product delivery;
- Payment gateways and financial institutions to process transactions;
- Technology providers responsible for website operation and Customer support;
- Government authorities, when necessary to comply with legal obligations.
The SELLER adopts appropriate security measures to protect data against unauthorized access. The CLIENT may exercise their rights under the LGPD (Brazilian General Data Protection Law), including:
- Access to your stored data;
- Request for correction or deletion of unnecessary information;
- Revocation of consent for use of data for marketing;
- Request for data portability to another service provider.
To exercise these rights, the CLIENT must contact us via email at shop@pv-partner.com.
The SELLER reserves the right to modify this clause to meet new legal requirements or improve data protection, informing the CLIENT in advance of any significant changes.
15- COOKIES.
The website (www.pv-partner.comWe use cookies to improve user experience, analyze statistics, and display personalized content. In accordance with the GDPR (General Data Protection Regulation, EU Directive 2016/679), we use:
- essentials (necessary for the site to function).
- Performance and analysis (They optimize the user experience).
- Functional (They personalize their preferences).
- Advertise with us! (They offer relevant ads).
The use of non-essential cookies requires prior consent, managed via a consent banner. The user can modify or revoke their preferences at any time. For more information or to exercise your rights (access, deletion, data restriction), please contact us at shop@pv-partner.com
16- CONSUMER RIGHTS.
If the CLIENT is a consumer, nothing in this contract affects in any way the rights guaranteed by public policy legislation regarding the protection of consumer rights.
17- JURISDICTION/COMPETENCE.
These terms are governed by and construed in accordance with the laws of the country of origin and headquarters of each party, with YOFI SUN, SL being governed by the laws of Spain, with its headquarters in Madrid, and DC-PV DECENTRALIZED PHOTOVOLTAICS LDA. being governed by the laws of Portugal, with its headquarters in Faro. For the resolution of any doubts, discrepancies or disagreements arising from the execution and interpretation of this Agreement, the parties submit to the jurisdiction of the Courts of the city of Madrid, Spain, with respect to YOFI SUN, SL, and the Courts of the city of Lisbon, Portugal, with respect to DC-PV DECENTRALIZED PHOTOVOLTAICS LDA., expressly waiving any other jurisdiction that may be applicable to them.
18- MISCELLANEOUS.
If any provision of this contract is declared invalid or unenforceable by one party, the remaining provisions shall not be affected. You may subcontract your obligations to third parties. Neither party may assign or transfer any obligations or rights. Notices must be given in writing (email or mail) and sent to the legal representative of the other party.
