TERMS AND CONDITIONS OF SALE

SOLAR BROTHER
SAS with capital of 302,493.83 euros
Head office: 112 avenue de Paris – CS 60002
94306 VINCENNES Cedex
family@solarbrother.com
RCS Creteil 818 655 250
APE Code: 4669B –
VAT: FR 64 818 655 250

Article 1 – Purpose

The present conditions govern sales by SOLAR BROTHER, located at 112 avenue de Paris – CS60002 94306 Vincennes Cedex of solar products sold on the www.solarbrother.com website.

Article 2 – Prices

The prices of our products are indicated in euros, inclusive of all taxes (VAT and other taxes applicable on the day of the order), unless otherwise indicated and exclusive of processing and shipping costs.
In the event of an order to a country other than metropolitan France, you are the importer of the product(s) concerned. Customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums are not the responsibility of SOLAR BROTHER. You will be responsible for all such costs, both in terms of declarations and payments to the relevant authorities and organizations in your country. We advise you to check with your local authorities.
All orders, whatever their origin, are payable in euros.
SOLAR BROTHER reserves the right to modify its prices at any time, but the product will be invoiced on the basis of the price list in effect at the time the order is validated and subject to availability.
The products remain the property of the company SOLAR BROTHER until the complete payment of the price.
Please note: as soon as you take physical possession of the products ordered, the risk of loss or damage to the products passes to you.

Article 3 – Orders

To place an order, visit www.solarbrother.com
For all special orders, please send an e-mail to family@solarbrother.com
Contractual information is presented in French and will be confirmed at the latest when your order is validated.
The company SOLAR BROTHER reserves the right not to record a payment, and not to confirm an order for any reason whatsoever, especially in case of supply problems, or in case of difficulty concerning the order received.

Article 4 – Validation of your order

Any order placed on the www.solarbrother.com website implies acceptance of these General Terms and Conditions. Any confirmation of an order implies your full acceptance of these terms and conditions of sale, without exception or reservation.
All the data provided and the recorded confirmation will constitute proof of the transaction.
You declare that you are fully aware of this.
Confirmation of the order will constitute signature and acceptance of the operations carried out.
A summary of your order information and these General Terms and Conditions will be sent to you in PDF format via your order confirmation e-mail address.

Article 5 – Payment

The fact of validating your order implies for you the obligation to pay the indicated price.
You can pay for your purchases by credit card using the secure Stripe system or by Paypal.

Article 6 – Withdrawal

In accordance with the provisions of article L.221-8 of the French Consumer Code, you have a cooling-off period of 14 days from receipt of your products to exercise your right of withdrawal without having to justify your decision or pay any penalty.
Returns must be in their original condition and complete (packaging, accessories, instructions). In this case, you are liable. Any damage suffered by the product on this occasion may defeat the right of withdrawal.
You are responsible for return shipping costs.
In case of exercise of the right of withdrawal, the company SOLAR BROTHER will reimburse the sums paid, within 14 days of notification of your request and via the same means of payment used when ordering.

EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

In accordance with the provisions of article L.121-21-8 of the French Consumer Code, the right of withdrawal does not apply to :

The supply of services fully executed before the end of the withdrawal period and whose execution has begun after prior express agreement by the consumer and express renunciation of his right of withdrawal.
The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period.
The supply of goods made to the consumer’s specifications or clearly personalized.
The supply of goods likely to deteriorate or expire rapidly.
The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.

MODEL WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract).

For the attention of Solar Brother,
I hereby notify you of my withdrawal from the contract for the sale of the following item:
Ordered on (*) / received on (*) under order number (*)
Full name: (*)
Address: (*)
Date: (*)
Signature (only if this form is submitted on paper) :
(*) Complete with your information

Article 7- Availability

Our products are offered as long as they are visible on the www.solarbrother.com website and while stocks last.
If a product is unavailable after you have placed your order, we will inform you by e-mail. Your order will be automatically cancelled and no bank debit will be made.

Article 8 – Delivery

Products are delivered to the delivery address indicated during the order process, within the time indicated on the order confirmation page.
In the event of a delay in shipment, an e-mail will be sent to you to inform you of any consequences for the delivery time indicated.
In accordance with legal provisions, in the event of late delivery, you have the right to cancel the order under the terms and conditions defined in article L 216-2 of the French Consumer Code. If you receive the product in the meantime, we will reimburse you for the cost of shipping and handling in accordance with Article L 138-3 of the French Consumer Code.
In the case of deliveries by a carrier, SOLAR BROTHER cannot be held responsible for late delivery due exclusively to the customer’s unavailability after several proposed appointments.

Article 9 – Warranty

All our products are covered by the legal guarantee of conformity and the guarantee against hidden defects, as stipulated in articles 1641 et seq. of the French Civil Code. In the event of non-conformity of a product sold, it may be returned, exchanged or refunded.
For all claims under the legal warranty, please write to family@solarbrother.com or to SOLAR BROTHER 112 avenue de Paris – CS 60002, 94306 VINCENNES Cedex.
When acting under the legal warranty of conformity, you :
You have two years from the date of delivery to take action;
may choose between repairing or replacing the good, subject to the cost conditions stipulated in Article L. 211-9 (L.217-9) of the French Consumer Code;
you are exempt from having to prove the existence of a lack of conformity for six months following delivery of the goods. This period is extended to twenty-four months from March 18, 2016, except for used goods.
The legal warranty of conformity applies independently of any commercial warranty.
You may decide to invoke the warranty against hidden defects in the item sold, as defined in article 1641 of the French Civil Code, in which case you may choose between rescinding the sale or reducing the purchase price in accordance with article 1644 of the French Civil Code”.

Article 10 – Liability

The products offered comply with current French legislation. SOLAR BROTHER cannot be held responsible for non-compliance with the legislation of the country where the product is delivered. It is your responsibility to check with local authorities about the possibility of importing or using the products or services you intend to order.
Furthermore, SOLAR BROTHER cannot be held responsible for damages resulting from improper use of the product purchased.
Finally, SOLAR BROTHER cannot be held liable for any inconvenience or damage inherent in the use of the Internet, in particular a break in service, external intrusion or the presence of computer viruses.

Article 11 – Consumer ombudsman

In accordance with Articles L.616-1 and R.616-1 of the French Consumer Code, our company has set up a consumer mediation system. The selected mediation entity is: SAS CNPM – MÉDIATION – CONSOMMATION. In the event of a dispute, the consumer may file a claim on the website http://cnpm-mediation-consommation.eu or by post by writing to

CNPM – MEDIATION – CONSUMER AFFAIRS
27, avenue de la Libération –
42400 SAINT-CHAMOND

Article 12 – Applicable law in the event of disputes

The language of this contract is French. These conditions of sale are governed by French law. In the event of a dispute, the French courts shall have exclusive jurisdiction.

Article 13 – Intellectual property

All elements of the www.solarbrother.com site are and remain the exclusive intellectual property of SOLAR BROTHER. No one is authorized to reproduce, use, rebroadcast or use for any purpose whatsoever, even partially, elements of the site, whether software, visual or audio, without the express written consent of SOLAR BROTHER.

Article 14 – Personal data

SOLAR BROTHER reserves the right to collect nominative information and personal data concerning you. They are required to process your order and improve the services and information we send you.
It may also be transmitted to companies that contribute to this relationship, such as those responsible for carrying out services and orders for their management, execution, processing and payment.
This information and data is also stored for security purposes, in order to comply with legal and regulatory obligations.
In accordance with the French Data Protection Act of January 6, 1978, you have the right to access, rectify and object to personal information and data concerning you, directly on the website.

Article 15 – Archiving Evidence

SOLAR BROTHER will archive order forms and invoices on a reliable and durable medium constituting a true copy in accordance with the provisions of Article 1348 of the French Civil Code.
The computerized records of SOLAR BROTHER will be considered by all parties concerned as proof of communications, orders, payments and transactions between the parties.

Article 16 Extended producer responsibility (EPR)

The unique identifier FR291903_05ZTLQ attesting to registration in the register of producers of the EEE sector, in application of article L.541-10-13 of the French Environment Code, has been allocated by ADEME to SOLAR BROTHER (Siret 81865525000020). This identifier attests to the company’s compliance with its obligation to register with the Register of Producers of Electrical and Electronic Equipment, and to file its marketing declarations withEcosystem.

The unique identifier FR291903_06URTV attesting to the company’s registration in the register of producers of batteries, in application of article L.541-10-13 of the French Environment Code, has been awarded by ADEME to SOLAR BROTHER (Siret 81865525000020). This identifier attests to the company’s compliance with its obligation to register with the register of battery producers, and to declare to SCRELEC that it has placed batteries on the market.

The unique identifier FR291903_01LUMJ attesting to the company’s registration in the Packaging Sector Producer Register, pursuant to Article L.541-10-13 of the French Environment Code, has been assigned by ADEME to SOLAR BROTHER (Siret 81865525000020). This identifier attests to the company’s compliance with its obligation to register with the packaging producers’ register and to file its marketing declarations with ADELPHE.