ARTICLE 1 - SCOPE OF APPLICATION

These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales and service contracts concluded by the company INFINERGY, operating under the brand SOLEILEX ("the Seller"), with non-professional buyers ("the Clients or the Client"), wishing to acquire the products or services offered by the Seller ("the Products") by placing an order outside the establishment as defined by the Consumer Code.

They specifically outline the conditions of ordering, payment, delivery, and installation of the Products ordered by the Clients.

The main characteristics of the Products, including specifications, illustrations, and indications of dimensions or capacity, are presented to the Client through catalogs.

The photographs and graphics presented are non-contractual and do not engage the Seller's liability. The Client must refer to the description of each Product to know its essential properties and features.

Product offers are subject to availability.

The Client declares having read and accepted these General Terms and Conditions of Sale before placing an order. As these General Terms and Conditions may be subject to subsequent changes, the version applicable to the Client's purchase is the one in effect on the date of the order.

The Client's validation of the order constitutes acceptance without restriction or reservation of these General Terms and Conditions of Sale.

ARTICLE 2 - ORDERS

Product and service orders are made by signing the purchase order by the Client. Subject to the right of withdrawal defined below, the sale of a Product will only be considered final after the fulfillment of the following conditions precedent:

  1. For photovoltaic installations, obtaining by the Client or their representative of the required administrative authorization for the installation of the Product after processing the work request and the absence of any appeal against this authorization within the legal deadlines.
  2. In case of using bank financing through a financial partner of SOLEILEX as an option specified on the purchase order, the Client must obtain this loan.

As part of the services offered to the Client, the latter may entrust SOLEILEX with the mandate to manage work authorization requests with the administrative services. In this case, the Client must promptly send the Seller a copy of any correspondence received from the various administrations related to this installation, and more generally, respond to any request for documents from SOLEILEX for this purpose.

SOLEILEX will carry out the equipment installation either directly or through an approved installer.

ARTICLE 3 - RIGHT OF WITHDRAWAL

3.1. Period

In accordance with Article L221-18 of the Consumer Code, the Client has a period of fourteen days to exercise their right of withdrawal without needing to justify their decision or bear any costs other than those provided for in Articles L221-23 to L221-25 of the same Code.

The period begins from the day:

  • The contract is concluded for service contracts;
  • The consumer or a third party, other than the carrier, designated by them, receives the good for sales contracts. For contracts concluded outside of an establishment, the consumer may exercise their right of withdrawal from the contract's conclusion. For a contract involving multiple goods delivered separately or an order of goods consisting of lots or multiple parts whose delivery is staggered over a defined period, the period runs from the receipt of the last good or lot or part.

3.2. Exercise Procedures

To exercise the right of withdrawal, the Client must notify SOLEILEX of their decision to withdraw from this contract through an unambiguous declaration (for example, a letter sent by mail, fax, or email to: legal@soleilex.com). The Client may use the withdrawal form template, but it is not mandatory.

To meet the withdrawal deadline, it is sufficient for the Client to send their communication regarding the exercise of the right of withdrawal before the expiration of the withdrawal period provided for in Article L221-18 of the Consumer Code as mentioned above.

3.3. Withdrawal Effects

In the event of withdrawal, SOLEILEX will reimburse the Client for all payments received, including the deposit, no later than fourteen days from the day on which SOLEILEX was informed of the decision to withdraw from this contract.

SOLEILEX will refund using the same payment method as the initial transaction.

SOLEILEX will collect the Products at its own expense, and the Client will only be liable for the depreciation of the Products resulting from handling other than that necessary to establish the nature, characteristics, and proper functioning of the Product.

3.4. Request for Service Execution Before Expiry of the Withdrawal Period

In accordance with Article L221-25 of the Consumer Code, the Client may request SOLEILEX to perform services aimed at installing Products before the end of the above-mentioned withdrawal period, which expires 14 days from the receipt of the goods.

This option is specifically provided to allow the Client to benefit from immediate installation of photovoltaic panels and other bulky products upon delivery, without requiring the Client to store the Products during the 14-day withdrawal period and bear the associated risks until their subsequent installation.

SOLEILEX must obtain this express request from the Client on paper or any other durable medium.

This option does not deprive the Client of their right of withdrawal.

However, the Client is informed that in the event of an express request for service performance before the end of the withdrawal period, they must pay, in accordance with Article L221-25 of the Consumer Code, an amount corresponding to the service provided up to the communication of their decision to withdraw. This amount will be proportional to the total price of the service agreed upon in the contract and will not exceed 35% of the contract's total inclusive price.

ARTICLE 4 - SELLER'S LIABILITY & WARRANTY

The Products offered for sale comply with the regulations in force in France and have performance suitable for non-professional uses.

The Products sold by the Seller come with, by law and at no additional cost, in accordance with legal provisions:

  • A legal conformity warranty for apparently defective, damaged, or non-compliant Products.
  • A legal warranty against hidden defects due to material, design, or manufacturing flaws affecting the delivered products, rendering them unfit for use.

To assert their rights, the Client must inform the Seller in writing of the non-compliance of the Products within the deadlines indicated above.

4.2 Completion Guarantee for Installation

The installer of the product will be required to repair defects that occur within two (2) years following the completion of the work, regardless of their significance and nature. However, this guarantee does not cover repairs required to address the effects of normal wear and tear or usage.

4.3 Manufacturer's Warranty

The contractual warranties related to the Products, as well as their conditions of application, are set by the Product supplier. These contractual warranties may vary depending on the nature of the Product and the brand chosen by the Client. Details of the warranties are provided on the Product presentation sheet given to the Client before placing the order, which the Client acknowledges having read.

The warranty period begins upon receipt of the Products.

In general, the manufacturer's warranty does not cover:

  • Malfunctions resulting from improper use and/or lack of maintenance of the product.
  • Malfunctions related to normal wear and tear of the Products and the replacement of accessories, wear parts, and consumables.
  • Damage due to various impacts on the Products.

4.4 Ten-Year Warranty

In accordance with Law No. 78-12 of January 4, 1978, concerning building works insurance, the Seller has taken out an insurance policy covering its liability under Articles 1792 and following of the Civil Code.

The Seller reminds that, in accordance with NF EN 62446-1 standard of January 2017, the project owner must carry out regular inspections of the solar installation. Thus, the project owner must perform an annual inspection (every three years if they are a private individual outside of professional activity) that includes at least:

  • Visual inspection of the modules, mounting system, and fixations
  • Inspection of the condition of cables, connections, and junction boxes
  • Verification of each inverter and electrical installation
  • Cleaning of the panels and the electrical enclosure
  • Thermal camera inspection of the entire installation.

The Client is solely responsible for maintaining and ensuring the solar installation's compliance with current standards. The Seller disclaims any responsibility for damages resulting from the lack of inspection or maintenance of the solar installation in accordance with current standards. It is also reminded that the ten-year insurer may require the inspections specified by the standard to validate the ten-year warranty in the event of a claim.

ARTICLE 5 - PRICE

The price for the sale and installation of equipment is indicated in euros, including all taxes, on the purchase order, including any connection fees to the electricity distribution network.

This price does not include:

  • The cost of any additional supplies and services not provided for in the purchase order, particularly those related to roof compliance required to carry out the installation.
  • Work necessary to install panels without shading, notably due to vegetation, trees, antennas, satellite dishes, or chimney pipes, which remain at the Client's expense.

The Client will bear the costs of any trimming or removal of obstructive elements before the installation.

ARTICLE 6 - PAYMENT

The Client acknowledges being informed of the different payment methods and conditions indicated on the purchase order.

Notably, the Client acknowledges that they have the option to choose a financing institution different from the Seller's usual financial partners. In this case, the Client will be deemed to have waived the condition precedent related to financing, and the order will be payable in full to the Seller.

If financed through a banking institution partnered with SOLEILEX, the total inclusive sale price will be paid directly by the financial institution to SOLEILEX after installation and upon signing a delivery certificate by the Client.

For cash payments, a deposit of 10% will be required, with this deposit not being payable before the expiration of a 15-day period from the conclusion of the purchase order in accordance with Article L221-10 of the Consumer Code. The amount of this deposit will be indicated on the purchase order. The execution of the order is suspended until full payment of this deposit.

The balance, or 50% of the total amount, will be due upon receipt of the non-opposition from the town hall to the preliminary declaration. The final 40% payment will be required upon delivery of the installation on-site without waiting for the completion of administrative procedures with CONSUEL and ENEDIS. Soleilex is not responsible for delays caused by these administrative bodies. The final payment must be made within a maximum of 10 days following the delivery of the installation on-site.

If the project does not require waiting for the town hall's non-opposition to the preliminary declaration, an initial deposit of 60% of the total amount will be requested. The remaining 40% will be paid in the same manner as explained in the previous paragraph.

If another payment method is agreed upon in the quote, the signed quote is valid with this method.

Any amount, including the deposit, not paid by its due date will automatically incur late payment penalties at the legal interest rate applicable to the total amounts due. These late payment penalties will be automatically and rightfully owed to the Seller, without any formalities or prior notice.

These interest charges will be due until the day the owed sum, including interest, is fully paid.

ARTICLE 7 - DELIVERY & DEADLINES

Unless otherwise specified, delivery or service completion will occur at the Client's address indicated on the front of the purchase order.

SOLEILEX undertakes to ensure delivery and to carry out the ordered work, including, where applicable, the installation of equipment within the timeframes specified in the purchase order.

These timeframes may, however, be adjusted in the event of unforeseen circumstances, force majeure, or suspension for legitimate reasons. In such cases, the deadline will be extended by the number of days during which the contract's execution was suspended due to one of these events.

The Client acknowledges having been duly informed:

  • That the commissioning of the photovoltaic system intended for resale cannot occur on the day the panels are installed by SOLEILEX.
  • That the installation of the production meter before the system's connection and commissioning depends on the timeframes set by ENEDIS and/or electricity authorities, for which SOLEILEX cannot commit.

ARTICLE 8 - ACCEPTANCE

At the end of the equipment installation, the Client will finalize an acceptance report. If the acceptance is subject to justified reservations, SOLEILEX will have a period of 30 days to address them. Once the reservations are resolved, acceptance will be confirmed by establishing a report signed by both the Client and the Seller. The Client's refusal to sign must be based on justified, real, and serious grounds. In any case, the Client must provide written reasons for refusing acceptance. If the Client uses any part of the installation without formally pronouncing acceptance, they are deemed to have accepted it without reservation.

ARTICLE 9 - TERMINATION

If the Products or services ordered have not been delivered and/or completed within 30 days from the initially agreed dates, the sale or service contract may be terminated at the Client's written request, under the conditions provided in Articles L216-2 and L216-3 of the Consumer Code, independently of the Client's right of withdrawal under the legal conditions.

In such cases, any sums paid by the Client will be refunded no later than fourteen days following the termination notice, excluding any compensation or deductions. No termination for delay can be invoked if the delay is justified by any of the scenarios outlined in Article 7 above.

ARTICLE 10 - UNFORESEEABILITY

In the event of an unforeseeable change in circumstances during the contract's conclusion, in accordance with Article 1195 of the Civil Code, the Party that did not agree to assume the risk of excessively burdensome performance may request a renegotiation of the contract from its co-contractor.

ARTICLE 11 - DISPUTE RESOLUTION

All clauses in these General Terms and Conditions of Sale, as well as all related sales operations, are governed by French law. Any disputes arising from purchase and sale operations governed by these General Terms and Conditions of Sale, concerning their validity, interpretation, execution, termination, or consequences, which cannot be resolved amicably between the Seller and the Client, will be submitted to the competent courts under common law conditions.

The Client is informed that, in accordance with Article L612-1 of the Consumer Code, any consumer has the right to seek free mediation for amicable resolution of disputes with a professional.

In case of persistent disputes despite a prior written complaint sent directly to SOLEILEX, the Client may refer the matter free of charge to the consumer mediator associated with the professional, namely the Association of European Mediators (AME CONSO), within one year from the date of the written complaint to the professional.

The mediation process can be initiated:

  • By completing the form available on the AME CONSO website: www.mediationconso-ame.com
  • By mailing a request to: AME CONSO, 11 Place Dauphine – 75001 PARIS.

It is expressly reminded that contacting the Consumer Mediator is optional.

ARTICLE 12 - PRE-CONTRACTUAL INFORMATION & CLIENT ACCEPTANCE

In accordance with Article L.152-1 of the Consumer Code, the Client may also seek mediation services from CM2C by contacting:

The Client acknowledges having received, prior to placing an order, in a clear and understandable manner, all the pre-contractual information and details required by Articles L111-1 and L111-2 of the Consumer Code, as well as Article L221-5 of the same Code, including:

  • The essential characteristics of the Product, taking into account the communication medium used and the Product concerned;
  • The price of the Products and any associated fees (e.g., delivery);
  • The date or deadline by which the Seller commits to delivering the Product;
  • Information regarding the Seller's identity, postal address, telephone, and electronic contact details, and activities, if not evident from the context;
  • Information on legal and contractual guarantees and how to exercise them;
  • The functionalities of digital content and, where applicable, its interoperability;
  • The possibility of conventional mediation in case of a dispute;
  • Information regarding the right of withdrawal (existence, conditions, deadline, exercise procedures, and standard withdrawal form), the cost of returning Products, termination conditions, and other important contractual conditions.

Placing an order with SOLEILEX using the purchase order implies full and unconditional acceptance of these General Terms and Conditions of Sale by the Client, who expressly acknowledges this by waiving any contradictory documents that would be unenforceable against the Seller.

ARTICLE 13 - PERSONAL DATA PROTECTION (GDPR)

The Seller is responsible for processing the Client's personal data. The data collected is necessary for the execution of the sales contract between the Seller and the Client. The collected data includes essential information such as the Client's name, surname, phone number, email address, delivery address, as well as additional information required for service execution. These data are collected and processed in accordance with Law No. 78-17 of January 6, 1978, on information technology, files, and liberties, as amended by Law No. 2018-493 of June 20, 2018, and Regulation (EU) 2016/679 of April 27, 2016 (GDPR).

In accordance with current regulations, the processing of the Client's personal data has been declared to the Commission Nationale de l'Informatique et des Libertés (CNIL). The Client has the right to access, rectify, limit, oppose, or delete their data, as well as the right to data portability under the conditions provided by law and GDPR. To exercise these rights, the Client may contact the Seller at the address indicated in these General Terms and Conditions.

By using the Seller’s services and accepting these General Terms and Conditions, the Client consents to the collection and processing of their personal data in accordance with applicable legal and regulatory provisions.

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