Chat on WhatsAppTwo sets of terms: sales to consumers, followed by sales to professionals.
General terms and conditions of sale to consumers
These terms govern distance sales of SOLYPOD equipment to consumers. The specific terms agreed for the order supplement them without reducing the customer’s mandatory rights.
Seller and scope of the contract
The seller is ALKI INMOGROUP S.L., NIF B26737767, registered office Paraje Ledua C-82, 03660 Novelda (Alicante), Spain, registered with the Alicante Commercial Register under ref. IRUS 1000469542067, operating the SOLYPOD brand. Contact: office@solypod.com; telephone +34 615 84 25 39. Correspondence address: Calle Italia 6, 03698 Agost, Alicante, Spain. Website: solypod.com. These terms apply to purchases made for purposes outside any professional activity. The customer’s legal status prevails over any box ticked. The mandatory rights of legal persons or other protected non-professionals are reserved.
A customer ordering for a professional activity provides their company name, business contact details and VAT number where they have one, and declares that they are acting for the purposes of that activity. SOLYPOD may verify this information. Providing a VAT number does not in itself change the legal classification of the purchase; the absence of one does not in itself rule out a professional activity.
Product information
The product sheet provided before the order and the confirmation specify the references, quantity, dimensions, power, components, included accessories, finish, any waterproofing, limitations of use and instructions. Lifestyle photographs and simulations are identified as illustrations; they do not remove any expressly advertised characteristic. Vehicles, foundations and decorative accessories are included only if they appear in the description. Any discrepancy likely to alter an essential characteristic is corrected before the customer’s agreement. No product will be substituted without the customer’s express agreement.
Photographs, digital renderings and in-situ images are provided for illustrative purposes. Slight differences in appearance or shade, due in particular to screens, may exist without altering the agreed characteristics. This reservation does not authorise any change to the reference, the colour ordered, the dimensions, the components, the waterproofing or the contractual performance without the customer’s prior agreement.
Studies and installation
The sale relates exclusively to the supply of the equipment described in the order. No installation, foundations, soil or siting study, administrative formalities, permit, assembly, connection or commissioning is included. The customer arranges and has these operations carried out at their own expense and under their own responsibility by professionals holding the required qualifications, in compliance with the instructions and the applicable regulations. The customer has the feasibility of the project, the anchoring, the wind and snow loads and the compatibility with the actual site conditions checked. A demountable structure is not, by that fact alone, exempt from permits. SOLYPOD retains its own obligations regarding the conformity of the equipment, product safety, the instructions and the information and advice it provides. Supply alone does not reduce the obligations to bear costs arising from an applicable legal guarantee.
Prices and quotations
Consumer prices are expressed in euros, inclusive of taxes. Delivery, unloading, optional services and all other known charges are stated before commitment. If certain costs cannot reasonably be calculated, the method of calculating them and whether they may become payable are communicated before agreement. No paid extra is pre-ticked. The quotation states its validity date and the total price. The accepted price cannot be increased unilaterally. An alleged error does not give the seller an automatic right of cancellation; the parties seek a correction in accordance with the applicable law.
Formation and proof
The customer must be able to check and correct their basket, download the general terms and conditions of sale and view the delivery time before confirming “Order with obligation to pay”. Confirmation of the order constitutes a commitment to pay. The contract is concluded upon that confirmation, subject to the payment conditions expressly stated before the order. An automatic acknowledgement of receipt does not alter the accepted terms. For a sale on quotation, the contract is formed by acceptance of the quotation within its period of validity. SOLYPOD sends without delay a confirmation on a durable medium containing the order, the accepted documents, the withdrawal form and the guarantee information. A mere request for a quotation does not entail any commitment to purchase. Any subsequent amendment requires an agreement of both parties in a form that can be retained.
Payment and pre-order
The payment methods actually available are displayed before confirmation. The quotation or basket states the amount due immediately and each instalment. Deposits are set off against the price and do not remove any right of withdrawal, termination or refund. Pre-orders expressly state the stock status and the contractual delivery period, determined in accordance with Article 7. An estimated date of departure from the factory is not a delivery date. Anti-fraud checks must be necessary, proportionate and explained; a refusal of payment does not allow any sum to be retained without a performed contract. No financing is offered without separate, verified terms.
Where a pre-order provides for a reservation payment of €250, that sum is credited in full against the total price. The customer has a commercial option to cancel with a full refund of that sum for as long as actual production of their order has not begun. The request may be sent to office@solypod.com, identifying the order. The refund is made without undue delay and at the latest within fourteen days of the admissible request, using the original means of payment, unless a different arrangement is expressly agreed at no cost.
The customer completes and validates the delivery questionnaire in their personal area; SOLYPOD then sends them an e-mail confirming the start of production and keeps proof of the actual date of that start. Mere validation of the questionnaire or the sending of an e-mail does not allow the €250 to be retained if manufacturing has not actually begun. Once manufacturing has begun, this commercial option ends; it does not remove any legal right of withdrawal, termination or refund applicable to the order.
Delivery and risk
The agreed place, time limit, method of delivery and unloading means are set out in the order. The available destinations and delivery restrictions are indicated before confirmation. The customer communicates known access restrictions, in particular width, height, gradient, permitted weight and manoeuvring possibilities. A crane, forklift or handling team is at the customer’s expense only if this was agreed before the purchase. No hazardous unloading may be required. Charges for redelivery or waiting time are payable only if they were announced, accepted and are attributable to the customer, subject to the customer’s legal rights. For orders with no other validly agreed time limit, delivery takes place at the latest within thirty days of conclusion of the contract. The customer may exercise their legal rights in the event of delay, in particular by requesting delivery within an appropriate additional period and then terminating the contract; the cases of immediate termination provided for by law are preserved. A supplier’s delay is not automatically force majeure. Split deliveries do not give rise to any supplement that has not been accepted. Risk passes to the customer when they, or a third party designated by them other than the carrier, take physical possession of the goods. The statutory exception relating to a carrier chosen independently by the consumer applies where that carrier was not offered by SOLYPOD. Signing the delivery note without reservations does not remove rights against the seller. The customer is invited to check the packages on receipt and to report any anomaly promptly, describing the damage precisely on the carrier’s delivery note where possible. Photographs may facilitate processing. These steps are not a condition of the legal rights against SOLYPOD.
Where the order follows the pre-order process with a delivery questionnaire, the maximum delivery period is one hundred and eighty (180) calendar days from the customer’s validation of the delivery details in the completed questionnaire in their personal customer area, unless a shorter period is expressly agreed. This period and its starting point are presented before the customer commits. The validation date is recorded in the customer area and confirmed by e-mail, together with the corresponding delivery deadline. The e-mail confirming the start of production is sent after the questionnaire has been completed and validated. A delay in sending the e-mail does not postpone the starting date of the period already established.
SOLYPOD makes the questionnaire available without delay after the order and clearly indicates the information essential for delivery. The customer provides accurate and complete information on the address, access and unloading means. Any missing or inconsistent essential information is the subject of a specific request for additional information, without discretionary validation or indefinite postponement attributable to SOLYPOD. If the customer area malfunctions, SOLYPOD allows an equivalent written validation by e-mail. A subsequent change to the delivery arrangements does not automatically restart the 180-day period; any consequences are agreed in writing. Orders outside this process follow the period expressly stated when they were concluded.
The transport charges invoiced include the transport insurance provided by the transport company for carriage and unloading at the agreed place of delivery. SOLYPOD communicates the relevant terms of this cover on request. The limits and exclusions of the insurance do not reduce SOLYPOD’s contractual or legal obligations towards the customer; settlement of a claim by the insurer is not a condition for the exercise of the customer’s remedies against the seller.
Withdrawal and returns
The consumer has fourteen days from taking possession of the goods to give notice of withdrawal without giving any reason; for an order of several goods delivered separately, the period runs from the last item in accordance with the statutory rules. The consumer may use the form at the end of these terms, an unequivocal statement or the online function https://solypod.com/withdrawal. The consumer may give notice of their decision before delivery. After notification, the consumer sends the goods back within fourteen days, unless collection is organised by SOLYPOD. The customer bears only the direct costs of return of which they were informed before the order. For goods that cannot be returned by post, the cost of return, or a reasonable maximum estimate of it, is given before commitment: €750 incl. VAT. In the absence of legally sufficient information, these costs remain with the seller. No automatic flat-rate restocking fee is applied. The refund is made within fourteen days of the notification, using the same means of payment unless expressly agreed otherwise at no cost, and includes the initial standard delivery. The supplement for express delivery chosen by the customer is not refundable. SOLYPOD may withhold the refund until it has received the goods back or until proof of their dispatch, whichever is the earlier, unless it offers to collect them itself. A diminished value may be charged only under the statutory conditions, for handling beyond what is necessary to establish the nature, characteristics and functioning of the goods, and provided that the consumer received the required information. Installation does not automatically entail loss of the right. The legal guarantees are independent of withdrawal.
The customer makes contact in writing to obtain return instructions suited to the nature and volume of the equipment; this step does not make their right of withdrawal subject to authorisation by SOLYPOD. The customer complies with the applicable transport rules, in particular those for batteries. No flat-rate fee for processing, internal handling or reconditioning is automatically added to the direct return costs legally chargeable to the customer.
Returned equipment is inspected promptly. Any diminished value charged to the customer is assessed case by case, justified by objective evidence and communicated with its calculation. A missing part, a scratch or a deformation does not automatically lead to a total refusal of the refund. Restoration costs are withheld only to the extent that they correspond to a loss of value legally chargeable to the customer, without double charging. The inspection procedure does not extend the statutory refund deadlines.
Strict exceptions
The exception relating to goods made to the consumer’s specifications or clearly personalised is invoked only if the facts justify it and if the information was provided before the contract. A standard colour, a combination of catalogue options, an order placed with the supplier, a kit or a pre-order are not automatically excluded. The precise personalisation and its effect on withdrawal are set out in the specific terms. A tick box does not turn a standard product into a made-to-measure product.
Orders originating from the Projects section follow the same criteria: only genuine and identifiable personalisation can justify this exception. Manufacture after the order or the selection of standard options is not sufficient on its own. The absence of a right of withdrawal for a genuinely personalised product does not remove rights in the event of a defect, lack of conformity or failure by the seller.
Guarantees and after-sales service
The seller is personally liable under the applicable legal guarantee; it cannot require the consumer to deal exclusively with the manufacturer. The chosen Spanish law provides, for the new goods concerned, for liability for any lack of conformity becoming apparent within three years of delivery and for a presumption that it existed at the time of delivery for two years, subject to the statutory reservations. The mandatory protections of the country of habitual residence remain applicable if their conditions are met. The additional rules concerning France and Belgium are set out below. Bringing the goods into conformity is free of charge, within a reasonable time and without significant inconvenience. The customer benefits from the statutory remedies: repair or replacement, then price reduction or termination in the cases provided for by law, without excluding the cases in which these are available immediately. The necessary costs of transport, removal and reinstallation are borne where the legal guarantee so requires. Software and updates necessary for conformity follow the obligations applicable to goods with digital elements. Commercial guarantees do not affect legal rights, and their durations are promised only on the basis of terms provided before purchase and confirmed on a durable medium.
Where sending a replacement part allows conformity to be effectively restored under the statutory conditions, SOLYPOD may propose this solution with free shipping of the part recognised as defective. No hazardous handling or technical work falling to a professional may be imposed on the consumer. This procedure removes neither the other statutory remedies nor the coverage of labour, removal or reinstallation where the law so requires.
The customer is invited to report the defect as soon as it is discovered, preferably within fifteen calendar days, via the form on the website or at office@solypod.com, with the order reference, a description and photographs where reasonably available. This indicative period and the provision of photographs are not conditions on pain of forfeiture of the legal guarantee.
Complaints and liability
Complaints: office@solypod.com or the address given in Article 1, stating the order, the defect and a means of contact. The serial number and photos may facilitate diagnosis; the absence of the original packaging does not cause the loss of a legal guarantee. In the event of risk, stop using the product and follow the safety instructions, without opening a battery or working on a live circuit. SOLYPOD is liable for damage legally attributable to it. No clause limits the mandatory rights relating to personal injury, defective products, conformity or a fault for which liability cannot be excluded. The fault of a third-party installer is examined according to its causal role; it does not automatically exempt the seller from liability for its own faults.
Damage established as having been caused by incorrect installation, use contrary to adequate instructions or unauthorised modification is not covered as a defect attributable to the seller. This exclusion is limited to the parts and damage actually affected by that cause; it does not remove the guarantee on a component unrelated to the error. It does not cover a product defect, inadequate instructions or an error attributable to SOLYPOD. The statutory rules relating to proof remain applicable.
Impediment and disputes
An external event has the effects of force majeure only if the conditions of the applicable law are met. SOLYPOD informs the customer promptly, limits the consequences and preserves the customer’s rights to termination and refund. The data necessary for the order, delivery and after-sales service are processed by ALKI INMOGROUP S.L. The purposes, recipients, retention periods and rights are detailed in the privacy policy available on the website. Acceptance of the general terms and conditions of sale does not constitute consent to direct marketing. The applicable terms are those accepted at the time of the order; an update of the website does not alter earlier contracts. The contract is governed by Spanish law, without depriving a consumer of the protective mandatory provisions of their country of habitual residence under the conditions of Article 6 of Rome I. The competent courts are those designated by the applicable rules, in particular Brussels I bis; no exclusive jurisdiction of the courts of Alicante is imposed on the consumer. Recourse to an out-of-court mechanism does not deprive the customer of their right to bring proceedings before the competent courts. The language chosen at the time of purchase is retained in the confirmation; no precedence of Spanish can override promised information or a mandatory right.
Additional national guarantees
The rules below apply where their statutory conditions are met, without reducing the rights arising from the Spanish law chosen in Article 12. They do not constitute an additional commercial guarantee.
For consumers habitually resident in France, the legal guarantee of conformity provided for by the French Consumer Code (Code de la consommation) covers defects becoming apparent within two years of delivery of the goods. For new goods, defects appearing during this period are in principle presumed to have existed at the time of delivery. Conformity must be restored free of charge and at the latest within thirty days of the request, without significant inconvenience. Repair, replacement and immobilisation of the goods give rise to the extensions, renewals and suspensions of the guarantee provided for by the statutory regime applicable to the contract. The consumer also benefits from the guarantee against hidden defects under articles 1641 et seq. of the French Civil Code (Code civil); the action must in principle be brought within two years of discovery of the defect, within the statutory limits, and may lead to return of the goods against a refund or to a reduction in price.
The consumer has a period of two years from delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of a lack of conformity appearing. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared.
Where the contract for the sale of the goods provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal guarantee applies to that digital content or digital service throughout the intended period of supply. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or digital service and not the date on which it appeared.
The legal guarantee of conformity entails an obligation on the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods.
The legal guarantee of conformity entitles the consumer to repair or replacement of the goods within thirty days of their request, free of charge and without significant inconvenience to them.
If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.
If the consumer requests repair of the goods but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.
The consumer may obtain a reduction in the purchase price while keeping the goods, or terminate the contract and obtain a full refund against return of the goods, if:
1° The professional refuses to repair or replace the goods;
2° The repair or replacement of the goods takes place after a period of thirty days;
3° The repair or replacement of the goods causes significant inconvenience to the consumer, in particular where the consumer ultimately bears the costs of taking back or removing the non-conforming goods, or bears the costs of installing the repaired or replacement goods;
4° The lack of conformity of the goods persists despite the seller’s unsuccessful attempt to bring them into conformity.
The consumer is also entitled to a reduction in the price of the goods or to termination of the contract where the lack of conformity is so serious that it justifies an immediate price reduction or termination of the contract. The consumer is then not required to request repair or replacement of the goods first.
The consumer is not entitled to termination of the sale if the lack of conformity is minor.
Any period during which the goods are immobilised for repair or replacement suspends the remaining guarantee period until the repaired goods are delivered.
The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the French Consumer Code.
A seller who in bad faith obstructs the implementation of the legal guarantee of conformity is liable to a civil fine of up to €300,000, which may be increased to up to 10% of average annual turnover (article L. 241-5 of the French Consumer Code).
The consumer also benefits from the legal guarantee against hidden defects under articles 1641 to 1649 of the French Civil Code, for a period of two years from discovery of the defect. This guarantee entitles the consumer to a price reduction if the goods are kept or to a full refund against return of the goods.
For consumers habitually resident in Belgium, the legal guarantee of conformity covers defects becoming apparent within two years of delivery of the goods. Defects appearing during this period are in principle presumed to have existed at the time of delivery, unless this is incompatible with the nature of the goods or of the defect. The consumer has the statutory remedies free of charge, without prejudice to the guarantee against hidden defects and other applicable rights.
The durations specific to the commercial guarantees for structures, panels, inverters, batteries or EV chargers are set out in the guarantor’s terms provided before purchase. A panel performance guarantee is not to be confused with a guarantee of the product or of the installation as a whole. The legal rights against SOLYPOD remain independent of any steps taken with the manufacturer.
The commercial guarantee terms specific to each component are identified and accessible before purchase, in particular in the corresponding manuals or guarantee documents, and are then provided on a durable medium. They specify the guarantor, the duration, the territorial scope, the services and the exclusions. They do not reduce the seller’s legal guarantees.
Estimates of solar production, savings and payback period do not constitute a guarantee of results. They depend in particular on exposure, shading, location, annual sunshine, temperatures, configuration, cleanliness of the panels, maintenance, usage and energy tariffs. The assumptions and sources used are identified in the simulations provided; actual results may differ. This reservation removes neither the contractual technical characteristics nor a performance guarantee expressly granted by the manufacturer under its own terms.
Return procedure and safety
To arrange a return, the customer contacts office@solypod.com. Return address: Calle Italia 6, 03698 Agost (Alicante), Spain. In the event of withdrawal, SOLYPOD may, at the customer’s request, offer specialised transport on quotation. The customer is free to accept this service or to choose another suitable carrier while complying with the statutory time limits. The quotation issued after purchase does not replace the prior information on return costs provided for in Article 8. The direct transport costs legally borne by the customer may be deducted from the refund with the customer’s express agreement to the quotation and to that deduction. No quotation is needed to give valid notice of withdrawal.
The customer adequately protects the goods for transport. The complete original packaging is strongly recommended; equivalent packaging offering sufficient protection is accepted. The goods are secured on a safe pallet where their nature and the mode of transport so require. A loss of value resulting from insufficient packaging may be charged to the customer only on proof of their responsibility and of the damage, within the statutory limits. The customer is not automatically liable for a fault of the carrier or for a loss that is not attributable to them.
Returns due to a defect covered by the legal guarantee are distinct from returns following withdrawal: SOLYPOD bears the necessary costs where the law so requires. A battery that is damaged, swollen, has suffered a significant impact or shows an anomaly must not be shipped as an ordinary parcel. The customer contacts SOLYPOD for a procedure suited to the safety and transport rules. A safety recall remains independent of commercial returns.
Annex: withdrawal form
Please complete and return this form only if you wish to withdraw from the contract. You may also send any other unequivocal statement setting out your decision to withdraw.
For the attention of ALKI INMOGROUP S.L. - SOLYPOD, Calle Italia 6, 03698 Agost (Alicante), Spain, office@solypod.com.
I hereby give notice that I withdraw from the contract for the sale of the following goods:
- Description of the goods:
- Ordered on / received on:
- Order number, if available:
- Name of consumer:
- Address of consumer:
- Date:
- Signature of consumer, only if this form is submitted on paper:
General terms and conditions of sale to professionals
These terms apply to purchases made for the purposes of a professional activity. They do not replace the consumer terms and conditions of sale where the customer legally has that status, nor the mandatory rules protecting certain non-professionals.
Scope and order of precedence
Between ALKI INMOGROUP S.L., NIF B26737767, operating SOLYPOD, registered office Paraje Ledua C-82, 03660 Novelda (Alicante), Spain, registered with the Alicante Commercial Register under ref. IRUS 1000469542067, office@solypod.com, telephone +34 615 84 25 39, and the professional identified in the order, these terms govern the supply of equipment. They must be communicated and accepted before the order. In order of priority: signed amendment, negotiated specific terms, approved specifications and drawings, these terms and conditions of sale, referenced logistics and technical annexes. The customer’s terms of purchase are accepted only by written agreement. A battle of the forms is expressly resolved before performance. Public procurement contracts require a review of their own documents; these terms and conditions of sale do not replace tender documents.
A customer ordering for a professional activity provides their company name, business contact details and VAT number where they have one, and declares that they are acting for the purposes of that activity. SOLYPOD may verify this information. Providing a VAT number does not in itself change the legal classification of the purchase; the absence of one does not in itself rule out a professional activity.
Orders and amendments
For sales on quotation, the order becomes firm upon written acceptance of the quotation and payment of the deposit where one is provided for. For an online order, the professional checks and corrects their order, accepts these terms and confirms using the button indicating the obligation to pay. The contract is concluded upon that confirmation, subject to the payment conditions expressly displayed beforehand. SOLYPOD sends a confirmation of the order that can be retained. If SOLYPOD requires a confirmation, this condition and its time limit are stated in the quotation before acceptance. No change of reference, quantity, drawing or destination takes effect without an amendment specifying the price, lead time and unrecoverable costs. Any accepted commercial cancellation entails the direct costs that are justified, reasonable, actually incurred and non-recoverable, after deduction of savings and resale opportunities; no cumulation with compensation for the same loss is permitted. Professional purchases do not benefit from a general contractual fourteen-day right of withdrawal. Any return for convenience requires SOLYPOD’s written agreement. This rule does not reduce any right of withdrawal or termination exceptionally granted by a mandatory provision applicable to the customer.
Where a pre-order provides for a reservation payment of €250, that sum is credited in full against the total price. The customer has a commercial option to cancel with a full refund of that sum for as long as actual production of their order has not begun. The request may be sent to office@solypod.com, identifying the order. The refund is made without undue delay and at the latest within fourteen days of the admissible request, using the original means of payment, unless a different arrangement is expressly agreed at no cost.
The customer completes and validates the delivery questionnaire in their personal area; SOLYPOD then sends them an e-mail confirming the start of production and keeps proof of the actual date of that start. Mere validation of the questionnaire or the sending of an e-mail does not allow the €250 to be retained if manufacturing has not actually begun. Once manufacturing has begun, this commercial option ends; it does not remove any legal right of withdrawal, termination or refund applicable to the order.
For convenience returns that it accepts on a commercial basis, SOLYPOD may require prior written agreement and equipment that is complete, unassembled, unused and in resaleable condition, in its original packaging and on a suitable pallet. Products genuinely manufactured specifically for the customer may be excluded from this commercial option. Outbound and return transport, handling, inspection and reconditioning costs are charged only under the conditions and in the amounts agreed in advance for that return, with supporting evidence where this is provided for. The condition of the return and the refund are examined within the period set in the return agreement. These convenience conditions do not apply to claims for defects, lack of conformity or non-performance attributable to SOLYPOD.
Prices and payment
Prices exclusive of taxes and currency as stated in the quotation. In the absence of an expressly agreed credit period, the balance is payable before dispatch, after proof of availability. Any credit is subject to a ceiling and a payment schedule. Under Spanish law, payment periods comply with Law 3/2004, in particular its applicable ceiling of sixty days; late payment automatically gives rise to the statutory commercial interest provided for in Article 7 and the fixed compensation of €40, as well as justified reasonable additional costs under the conditions of Article 8. The mandatory rules of the market concerned prevail. The rate is the one applicable to the half-year concerned, officially published in accordance with that law. A price variation after the order requires a negotiated specific clause stating a public index, a base reference, a symmetrical formula, frequency, threshold and an exit right. Failing this, the accepted price is firm. A discretionary increase in costs or freight is not sufficient. Any change to bank details is confirmed through an independent channel already known.
Suspension and security
Where formal notice has remained without effect for ten calendar days, SOLYPOD may suspend deliveries affected by an unpaid amount that is due and not seriously disputed and, if the breach is material, terminate the unperformed part. An objectively documented deterioration of the credit risk may justify a proportionate request for security for future deliveries. Any acceleration of payment must be notified and justified; the mandatory rules on insolvency and safeguard proceedings prevail. No automatic termination is based solely on the opening of such proceedings where the law prohibits it.
Ownership and risk
SOLYPOD retains title to goods that can be individually identified until their price has been paid in full. The customer keeps them identifiable and gives notice without delay of any seizure or insolvency proceedings. This clause permits neither forced repossession without an enforceable title nor unauthorised entry onto the premises. Before cross-border delivery, the parties complete the local formalities necessary for the clause to be enforceable against third parties, in particular in the event of incorporation into real property or resale. Retention of title applies within the limits and under the conditions of the competent law. Risk passes in accordance with the Incoterms 2020 rule and the precise place stipulated in the quotation. In the absence of an Incoterm, risk passes after unloading at the agreed place by SOLYPOD or its carrier; the customer bears damage attributable to handling that it carries out itself. The transport charges invoiced include the transport insurance provided by the transport company for carriage and unloading at the agreed place of delivery. SOLYPOD communicates the relevant terms of this cover on request. The limits and exclusions of the insurance do not reduce SOLYPOD’s contractual or legal obligations towards the customer; settlement of a claim by the insurer is not a condition for the exercise of the customer’s remedies against the seller.
Delivery and receipt
Where the order follows the pre-order process with a delivery questionnaire, the maximum delivery period is one hundred and eighty (180) calendar days from the customer’s validation of the delivery details in the completed questionnaire in their personal customer area, unless a shorter period is expressly agreed. This period and its starting point are presented before the customer commits. The validation date is recorded in the customer area and confirmed by e-mail, together with the corresponding delivery deadline. The e-mail confirming the start of production is sent after the questionnaire has been completed and validated. A delay in sending the e-mail does not postpone the starting date of the period already established.
SOLYPOD makes the questionnaire available without delay after the order and clearly indicates the information essential for delivery. The customer provides accurate and complete information on the address, access and unloading means. Any missing or inconsistent essential information is the subject of a specific request for additional information, without discretionary validation or indefinite postponement attributable to SOLYPOD. If the customer area malfunctions, SOLYPOD allows an equivalent written validation by e-mail. A subsequent change to the delivery arrangements does not automatically restart the 180-day period; any consequences are agreed in writing. Orders outside this process follow the period expressly stated when they were concluded.
SOLYPOD promptly informs the customer of foreseeable delays and their consequences. No automatic additional grace period of ninety days is agreed. The remedies applicable in the event of non-performance remain reserved. The customer inspects the packages on receipt and reports apparent defects within five working days, making precise reservations to the carrier within the applicable time limits. This procedure does not automatically extinguish remedies for hidden defects or lack of conformity not detectable on receipt. Waiting, storage or redelivery charges are payable only if they were agreed, are attributable to the customer and are justified.
Conformity and guarantee
SOLYPOD guarantees conformity with the contractual specifications and with the regulatory obligations incumbent on it. The customer reports any defect discovered without undue delay and preserves the evidence. After a joint diagnosis, SOLYPOD proposes repair, replacement or another remedy in accordance with the applicable law. The manufacturer’s guarantees provided with the quotation constitute an additional remedy; they do not replace the seller’s own commitments. The legally applicable time limits and remedies regarding lack of conformity and hidden defects remain reserved.
The professional customer reports any defect discovered without undue delay and, at the latest, within fifteen calendar days of its discovery, via the form or by e-mail to office@solypod.com, with the reference, a description and photographs where reasonably available. Late notification does not in itself entail a general extinction of remedies; its consequences are assessed in accordance with the applicable law and the established loss.
Where a commercial guarantee applicable to the component is expressly provided for in the documents provided before purchase, it may be limited to the supply of the part recognised as defective and its free shipping, without assembly or labour services from SOLYPOD. Its duration and conditions are those of the guarantee document identified in the order. This limitation of the commercial service does not exclude the seller’s own remedies and liabilities, mandatory obligations or the remedies legally applicable for lack of conformity or hidden defects.
Allocation of liability
The customer is responsible for its studies, permits, storage, installation and advice to its own customers. No installation service, siting study, foundations or permit is included in the sales governed by these terms. SOLYPOD is liable for defects in its equipment, the instructions it provides and the compatibilities it undertakes to ensure. Each party indemnifies the other against the proven direct consequences of its own breaches, within the statutory limits; no global transfer of the seller’s faults is agreed. Any limitation of the amount of liability must be the subject of negotiated and expressly accepted specific terms. These terms and conditions of sale do not set a general liability cap. Any limitation excludes personal injury, wilful misconduct, gross or serious fault, mandatory product liability and essential obligations where their limitation would be unlawful. Refunds owed, conformity remedies and legally mandatory safety measures are not absorbed by this cap. An exclusion of loss of production or profit must be expressly negotiated and does not cover foreseeable direct damage arising under an essential obligation.
Damage established as resulting from incorrect assembly, lack of maintenance or use contrary to adequate instructions remains the responsibility of the party responsible for it. This exclusion concerns only the parts and damage causally linked to the failure; it does not cover defects in the equipment, instructions or advice attributable to SOLYPOD, nor liabilities that cannot be excluded.
Confidentiality and intellectual property
Each party protects for five years the non-public confidential information received for the contract; trade secrets remain protected for as long as the conditions for such protection are met. Disclosures necessary to advisers, insurers and authorities and for legal obligations are reserved, with limited access. No right to the trade mark or drawings is assigned beyond the use necessary for delivery, installation, maintenance and legal obligations. The processing of personal data is described in the privacy policy available on the website. The parties enter into the agreements required by their respective roles where necessary.
Governing law and dispute resolution
Spanish law; express exclusion of the 1980 Vienna Convention on Contracts for the International Sale of Goods in the relationships covered by these terms and conditions of sale. The parties seek an amicable solution for thirty days, without preventing protective measures or interrupting statutory time limits. In the absence of a separate jurisdiction agreement that is lawful and validly accepted, the competent courts are determined by the applicable national and international rules. Mandatory rules of jurisdiction remain reserved. Electronic communications are admissible as evidence, without making the seller’s data alone irrebuttable. The invalidity of a clause does not authorise its unilateral rewriting; the applicable default rules take over.
Supply, installation and resale
SOLYPOD supplies exclusively the equipment described in the order. Soil and siting studies, foundations, permits, assembly, connection, commissioning and maintenance are excluded. The customer arranges them at its own expense with qualified contractors and undertakes to comply with the applicable rules. The customer has the suitability of the wind and snow loads, anchoring and equipment for the site conditions checked and complies with the instructions. SOLYPOD remains responsible for its own advice and technical commitments.
The reseller or installer provides its customer with the necessary documents and instructions, complies with the safety rules and maintains the traceability of references and serial numbers. It may not modify the characteristics, markings or guarantees or present itself as SOLYPOD’s agent without authorisation. It sets its resale prices freely. No exclusivity, territory or volume commitment is granted under these terms and conditions of sale.
Any incident likely to affect safety is reported to SOLYPOD without delay. The parties cooperate in the diagnostic, withdrawal or recall measures required by law. The allocation of costs depends on the legal obligations, the established liabilities and the applicable specific agreements; it does not prevent an urgent safety measure.
Photographs, digital renderings and in-situ images are provided for illustrative purposes. Slight differences in appearance or shade, due in particular to screens, may exist without altering the agreed characteristics. This reservation does not authorise any change to the reference, the colour ordered, the dimensions, the components, the waterproofing or the contractual performance without the customer’s prior agreement.
Estimates of solar production, savings and payback period do not constitute a guarantee of results. They depend in particular on exposure, shading, location, annual sunshine, temperatures, configuration, cleanliness of the panels, maintenance, usage and energy tariffs. The assumptions and sources used are identified in the simulations provided; actual results may differ. This reservation removes neither the contractual technical characteristics nor a performance guarantee expressly granted by the manufacturer under its own terms.
The reseller does not promise, on behalf of SOLYPOD, a commercial guarantee or a result that SOLYPOD has not expressly granted. It provides its customers with the instructions and guarantee terms applicable to the components.
Impediment and final provisions
The impeded party promptly informs the other party of the event, its foreseeable effects and the measures taken to limit its consequences. Force majeure has effect only if the conditions of the applicable law are met. A supplier’s delay does not automatically constitute a case of force majeure. Legally due termination rights and restitutions remain reserved.
The applicable terms are those accepted at the time of the order. Changes to them on the website do not alter earlier contracts. The language of the order and the accepted version are retained in the confirmation. Complaints are sent to office@solypod.com or to the seller’s registered office, with the information needed to identify the order and the difficulty encountered.