Purpose and scope of application

The present General Sales Conditions (hereinafter the "GSC") will govern the contractual relations between DISTRIBUCIONES SOLARES DEL PRINCIPADO S.L (hereinafter DSPSOLAR) and its clients (hereinafter the "Client"), derived from the sales of PHOTOVOLTAIC and similar products (hereinafter the "Product" or the "Products") that DSPSOLAR makes to the Client for the orders that the latter places and that DSPSOLAR accepts.

The Client recognizes that he/she accepts, without any reservation, the present GTC when placing an order for Products, having prior knowledge of their content because DSPSOLAR has provided him/her with a copy of the same, as well as the GTC being published on the Internet web page https://distribucionessolares.es.

The CCGG exclude the application of any general conditions of own purchase of the Client.

The orders of sale of Products will be governed by the present GTCG; that will be completed, in its case, by the particular conditions that DSPSOLAR and the Client can agree. These particular conditions will prevail over the GTCG when DSPSOLAR has accepted them expressly and in writing.

Formulation of orders

The Customer shall send DSPSOLAR the orders for the Products in writing (e-mail or web), specifying the type of Products, reference, quantity (in case of "closed" orders) and delivery date concerned.

The order must be accepted by DSPSOLAR in order for the agreement for the sale of the Products to be considered completed and binding. DSPSOLAR will inform the Customer of its acceptance within 7 days of receipt of the order. Once an order has been accepted by DSPSOLAR, the Customer may not cancel all or part of the order except by express agreement with DSPSOLAR.

The order will be considered "closed" when the Customer specifies the specific quantity of Products to be delivered by DSPSOLAR to fulfill the order, as well as the estimated delivery date.

DSPSOLAR is under no obligation to accept any order and, therefore, reserves the right to reject it, without deriving or implying any liability in respect thereof.

Delivery

Delivery times for Product orders shall be understood to be estimated or approximate, and in no case of essential compliance. Therefore, DSPSOLAR shall not be liable to the Customer for any delays in the delivery of the Products unless so agreed.

In any case, DSPSOLAR will endeavor to meet and deliver the Product orders within the deadlines agreed with the Customer, provided that its resources and production capacities allow it to do so. Similarly, DSPSOLAR may make partial deliveries of the order, with each partial delivery accruing the corresponding payment obligation to be paid by the Customer.

DSPSOLAR shall deliver the Products according to the Incoterms 2010 rules in force and agreed with the Customer in the sales contract.

The ownership of the Products shall be agreed with the Customer in the sales contract.

The risk, transport and insurance responsibility, as well as the point of delivery, is regulated by the Incoterms 2020 agreed in the sales contract; if not expressly agreed, the Incoterm used will be DAP.

Compliance and complaints

The Customer's conformity as to the quantity of Products delivered with respect to an order in question shall be confirmed by signing the corresponding delivery note at the time of delivery. If the Customer does not complain about a possible defect in quantity at the time of receiving the Products, DSPSOLAR shall not assume any liability.

The Customer shall examine the Products, as soon as possible after receipt, to verify their conformity with the type of Product ordered, and the absence of apparent or hidden defects in them. In any case, after receipt of the Products, the Customer shall have a period of 24 hours to complain to DSPSOLAR for any difference in type of the Products delivered with those ordered or for the existence of an apparent defect in them. If the Customer detects a possible internal or non-apparent defect in the Products, the Customer shall have a period of 7 days after receipt of the Products to complain to DSPSOLAR.

DSPSOLAR will not accept claims received after the expiry of the aforementioned deadlines. If the Customer's claim is justified and received in due time, DSPSOLAR shall have the sole and exclusive obligation to replace the defective Products with substitute Products, and shall not be liable for any loss or damage that may arise for the Customer from the delay or non-delivery of conforming Products, in particular loss of profit, loss of production or loss of profit, as provided for in Condition 6 below.

The eventual replacement of the Products shall not entail the return of the non-conforming Products, unless expressly authorized or requested by DSPSOLAR.

In the event of a delay in the receipt of the Products by the Customer, DSPSOLAR may store the Products at the Customer's expense, cost and risk, at DSPSOLAR's own premises or at those of a third party.

The final product may vary from the product in the published photograph both in the applicable rates and in the image on the website.

Price and payment terms

The sales prices of the Products shall be those set out in the offers and rates of DSPSOLAR, communicated to the Customer; or in the specific conditions agreed between DSPSOLAR and the Customer. The corresponding taxes shall be added to these prices.

The prices shall be understood to include everything that DSPSOLAR must provide or carry out (packaging costs, shipping costs, duties, taxes, transport costs in force on the day of delivery, etc.) in order to deliver the Products in accordance with General Condition 3.3.

DSPSOLAR may change the selling prices of the Products at any time. The increase in the selling price shall not affect orders for Products in progress, which have been previously accepted by DSPSOLAR. In the event that the Customer places an order for Products at the wrong price, DSPSOLAR will communicate the correct price and, if applicable, its acceptance of the order, provided that the Customer expressly confirms it (with the correct price) within the following two days.

The Customer shall pay the price corresponding to each order of the Products, by bank transfer, credit card, direct debit receipt, promissory note, PayPal, Bizun or any other means accepted by DSPSolar under the terms agreed with DSPSolar.

In the event of total or partial non-payment of the price of any order of Products, at the due date, in application of Law 3/2004 of 29 December, Article 5, the amount due and unpaid will accrue the corresponding interest for late payment without the need for notice of maturity or any intimation by DSPSOLAR, in addition to being for the account of the Customer the return costs that DSPSOLAR may incur.

DSPSOLAR shall also be entitled to suspend or cancel pending deliveries of Products to the Customer until the order for which payment is due and payable is paid, or to require prepayment of any new order.

DSPSOLAR reserves the right to set a credit limit for each customer and to make deliveries subject to this limit and/or to the presentation of a sufficient guarantee of payment. In the event of a delay or payment incident, DSPSOLAR may take action to recover the unpaid goods and/or take any legal action to which it may be entitled. DSPSOLAR reserves the right to claim prejudicial costs, in particular the costs of injunctions and legal fees.

Liability and warranty

The Customer is solely responsible for the choice of the Product that is the object of the sale and purchase, as well as the use or function for which it is intended. Consequently, DSPSOLAR is not responsible for and does not guarantee that the Product is suitable for the technical applications intended by the Customer, or to achieve, in whole or in part, the objectives envisaged by the Customer when purchasing the Products. In this regard, the Customer shall not be entitled to return the Products and claim the price paid. Any technical advice provided by DSPSOLAR. Verbally or in writing, or by carrying out tests, before and/or during the use of the Product, is provided in good faith, but without further guarantee. Any advice that may be given by DSPSOLAR does not release the Customer from its obligation to test the Product supplied to determine its suitability for the processes and uses for which it is intended.

DSPSOLAR shall not be liable for any damages caused by defects in the Products, except where it is expressly required to do so by applicable mandatory law. Likewise, DSPSOLAR shall not be liable for incidental, indirect or consequential loss or damage, loss of profits, loss of production or profits, risks of development of the Products.

In any case, if DSPSOLAR is obliged to assume any liability for damages suffered by the Customer, such liability shall be limited to an amount equivalent to the amount corresponding to the order of the Product causing the damage, unless an applicable mandatory law imposes a higher quantitative limit on DSPSOLAR. Likewise, the Customer may not claim against DSPSOLAR for any damage after one (1) year after the risk of the Products has been transferred to the Customer in accordance with the provisions of Condition 3.5 above, unless applicable law provides for a longer period.

The Customer shall be solely liable, exonerating DSPSOLAR as appropriate, for damages arising against its own employees or third parties for improper use, storage, conservation, handling or processing of the Products; in particular, but not limited to, when it has not observed the indications, warnings or instructions that DSPSOLAR or the manufacturer may have provided in this regard.

DSPSOLAR shall in no event be liable to third parties for causes beyond its control, including non-compliance by the Customer with the regulations applicable to chemical products and substances. The Customer shall hold DSPSOLAR harmless from any liability for any claims, damages and/or losses arising, directly or indirectly, from the breach of the obligations assumed by the former by virtue of their contractual relationship.

DSPSOLAR will only assume product liability for as long as it maintains its contractual obligation under current commercial legislation, and the customer must, after this period, contact the manufacturer of the product directly. For this purpose, the customer is informed that the product warranties are published on the websites of the relevant manufacturers.

Service procedure

The Customer must demand the provision of the warranty through the procedure set out in the following document and on its website. Before sending any product to DSPSOLAR it is essential to obtain an RMA number, for this it is necessary that the Customer requests and returns the completed application through the mail service@distribucionessolares.com DSPSOLAR will not accept equipment that is not received properly labeled and identified with the RMA number. If the equipment is under warranty, the Customer must additionally provide the purchase document of the equipment.

The warranties do not cover in any case the shipping costs. The average repair time of the equipment is 15 days. If the equipment is working properly, the Customer must assume the cost of the equipment overhaul. The cost of revision will range between 30 and 150 €, this service cannot be considered a warranty service. If the equipment is repairable, DSPSOLAR will send a quotation which the Customer may accept or decline by picking up the damaged equipment or accepting its destruction. If the equipment is not repairable, DSPSOLAR will offer the Customer an equal or similar unit at a special price which the Customer may accept or decline by picking up the damaged equipment or accepting its destruction.

The product must be shipped in its original packaging. DSPSolar is not responsible for any damage in transport. Once the Customer has been informed about the situation of the equipment, he will have a period of 1 month from the date of communication to accept and formalize any of the proposed solutions, otherwise, the equipment will be destroyed without charge to the Customer and without further notice, not having the option to claim again once the corresponding period has elapsed. The repairs will have a warranty period of six (6) months. The new or replacement equipment will be covered by the corresponding warranty of the new equipment or the one indicated at the time for replacement equipment.

Return policy

Our goal is to satisfy the demands of our customers, so we will do our best to solve the occasional inconvenience with total diligence.

In the case of not being fully satisfied with the product, you have 14 calendar days from the delivery of the order to return it, in this case you will be responsible for the cost of transportation to our facilities, which must be verified within that period. Also, you must send us the product in perfect condition, together with its original packaging, with the original seals, labels and instructions in perfect condition. It is very important that you return the products perfectly packed. If the products are damaged due to improper packaging, we will not accept the return. Before sending any product to DSPSOLAR is essential to obtain an RMA number for it is necessary that the customer request and return the completed application through the mail ventass@distribucionessolares.com. DSPSOLAR will not accept equipment that is not received properly labeled and identified with the RMA number.

The Customer must send the product to our facilities with all components and packaging in perfect condition, at your expense. Once the product is received and only if it shows no signs of having suffered misuse or failure due to poor installation, etc., our sales department, depending on the condition of the equipment, will indicate the amount of return (with a possible depreciation).

In the event that the return is due to a malfunction of the equipment attributable to a manufacturing problem or that is covered by the warranty of the equipment, DSPSOLAR will bear the cost of collection and return of the equipment. We are not responsible for improper use, the consequences of faulty installations, handling errors, damaged products, etc.

These return conditions shall not apply to goods made to customer specifications, custom-made, manipulated or treated goods, customized goods, goods made to order and/or ordered specifically from the Customer's catalog that are not part of DSPSOLAR's regular stock.

Force majeure

DSPSOLAR shall not be liable for any failure or delay in the performance of its obligations to the Customer, if caused by any unforeseeable circumstances or force majeure affecting DSPSOLAR or its suppliers or carriers, including strikes, other labor or industrial contingencies, lack or impossibility of obtaining raw materials, etc.

If the cause of force majeure lasts for more than 2 months, DSPSOLAR or the Customer may consider the orders of Products in progress to be cancelled and without effect, without any indemnity or compensation in favor of the Customer.

Applicable law and competent jurisdiction 

The contractual relations between DSPSOLAR and the Customer, object of the present GTC, shall be governed solely by Spanish Law, with the exclusion of the Vienna Convention on the International Sale of Goods of 1980.

For the resolution of all litigious matters arising from the contractual relations object of the GTC, DSPSOLAR and the Customer submit, expressly waiving any other jurisdiction that may correspond to them, to the exclusive jurisdiction of the Courts of the city of OVIEDO. However, in the event of breach by the Customer of any payment obligations arising from these GTC, DSPSOLAR may choose, alternatively, to exercise the legal actions that correspond to the Courts of the place where the Customer's address is located.