GENERAL TERMS AND CONDITIONS OF SALE

GENERAL TERMS AND CONDITIONS OF SALE

  1. Object

The following general terms and conditions of sale (hereinafter referred to as the “Contract”) define the methods and terms by which Fly Solartech Solutions S.r.l. transfers ownership of the product named “iCarus” (hereinafter also referred to as the “Goods”) to the Customer, who accepts it, along with the technical documentation attached to this agreement (Annex A).

 

  1. Price

The Goods are regulated jointly by this Contract and the “Economic Conditions” that are an integral part of the Contract itself. The Goods can be requested by residential customers (hereinafter referred to as the “Customer”), meaning an individual residing in a private residence who intends to use it for purposes other than any entrepreneurial or professional activity they may carry out.

The consideration shall be paid by the buyer via bank transfer within 3 days from the date of acceptance of this agreement.

If the aforementioned payment terms expire without payment being made, Fly Solartech Solutions S.r.l. may, in accordance with and for the purposes of Article 1456 of the Civil Code, terminate the Contract automatically, following the procedures set forth in Article 8.

 

  1. Right of Withdrawal

In accordance with the provisions of distance contracts and contracts negotiated outside of commercial premises, the Customer may also exercise the right of withdrawal in the forms and methods provided for in Articles 52 and following of Legislative Decree No. 206/2005 (Consumer Code) within the period, starting from the date of delivery of the Goods, of (i) 14 (fourteen) days from the date of delivery of the Goods for contracts concluded at a distance and contracts negotiated outside of commercial premises, and (ii) 30 (thirty) days for contracts concluded in the context of unsolicited visits by a professional to a consumer’s home. Specifically, the Customer must send a written communication to the postal address Fly Solartech Solutions S.r.l., Via dell’Industria, 41/C – 33028 Tolmezzo (UD), or via certified email to the address flysolartech@pec.it, expressing the intention to withdraw from the Contract and stating the date of delivery of the Goods. Within the following 14 (fourteen) days from the date of such communication, the Customer must return the Goods intact, in their original packaging, and accompanied by any accessories, by shipping them to the address provided by Fly Solartech Solutions S.r.l. The shipping costs are borne by the Customer. All contact details for exercising the right of withdrawal are also available on the website of Fly Solartech Solutions S.r.l.

 

Fly Solartech Solutions S.r.l. reimburses the amounts already paid by the Customer within 14 days from the date of receipt of the Goods, using the same payment methods chosen by the Customer, unless otherwise indicated. Specifically, in the case of cash on delivery, by bank transfer; in the case of payment by credit card, if the charge has not yet been made, Fly Solartech Solutions S.r.l. requests the cancellation of the transaction from the bank through the customer; if the charge has already been made on the credit card, Fly Solartech Solutions S.r.l. requests the reversal of the transaction, that is, the refund directly to the credit card.

 

  1. Delivery

The Parties agree that Fly Solartech Solutions S.r.l. will carry out the delivery of the Goods within 12 months from the payment of the price as specified in Article 2.

The Goods will be delivered to the Customer at their place of residence.

Upon delivery, all risks regarding the custody and loss of the product will be transferred to the Customer.

In the event that the seller is unable to make the delivery on the agreed date, they will promptly notify the buyer, indicating the new delivery date.

Any delay attributable to Fly Solartech Solutions S.r.l. shall not be considered their fault if it is due to force majeure or acts or omissions of the Customer (such as the failure to provide necessary instructions for the provision of the goods).

 

  1. Notification

Upon delivery, the Customer must inspect the received Goods. Any complaints regarding the condition of the packaging, quantity, number, or external characteristics of the product must, in any case, be notified to the seller by registered letter with acknowledgment of receipt, within 10 days from the date of receipt, under penalty of forfeiture.

Any defects or non-conformities that are not detectable through diligent inspection at the time of receipt must be reported by the Customer via registered letter with acknowledgment of receipt, within 60 days from the date of discovering the defect, and in any case, within 24 months from the delivery, under penalty of forfeiture.

 

  1. Installation – Exclusion of Liability

Subject to what is provided in Article 5, upon delivery, the Customer shall declare that they have inspected the Goods and found them suitable for the intended use.

The parties acknowledge that the sold Goods must be installed in the property designated by the Customer. In light of the above, the installation can be carried out through two different operational methods:

  1. a) via a “plug & play” model intended for a maximum production of 350 watts, which the Customer can install independently;
  2. b) through the creation of a single-line diagram that must be created by a professional specifically appointed and remunerated by the Customer, for a maximum production of 800 watts.

The parties expressly agree that no responsibility can be attributed to Fly Solartech Solutions S.r.l. for defects and/or damages and/or lack of quality and/or malfunction and/or non-compliance that are attributable to causes other than the installation kit. For this reason, the seller’s warranty shall not apply to issues arising from causes other than the sold Goods, including but not limited to the buyer’s electrical system, electrical outlets, electrical panels, incorrect design of the diagram created by the appointed third-party professional, incorrect positioning of the Goods, the Customer’s behavior, etc.

Similarly, the warranty will not cover defects caused by the Customer due to negligence, misuse, or non-compliant use of the Goods, or caused by repairs, component replacements, or maintenance performed by unauthorized parties.

 

  1. Warranty

Fly Solartech Solutions S.r.l. undertakes to replace or repair the Goods or its components if, within the term specified in Article 5, malfunctions or issues arising from manufacturing defects that render it non-compliant with its intended use are identified.

Fly Solartech Solutions S.r.l. does not guarantee that the Goods meet specific specifications or technical characteristics or their suitability for specific uses, unless such characteristics have been expressly agreed upon between the parties in a separate agreement.

 

  1. Termination Clause

Failure by the Customer to make payment within the term specified in Article 3 shall entitle Fly Solartech Solutions S.r.l. to terminate the contract, after giving notice to comply within a period of 15 days from its notification.

Failure by Fly Solartech Solutions S.r.l. to deliver the Goods within a period of 12 months from the payment specified in Article 3 shall entitle the Customer to terminate the contract, after giving notice to comply within a period of 15 days from its notification.

Upon termination, the Customer shall be required to return the Goods, and Fly Solartech Solutions S.r.l. shall be required to refund the payment.

 

  1. Partial Invalidity

The possible invalidity or ineffectiveness of one or more clauses of this agreement or a part thereof shall not result in the invalidity or ineffectiveness of the entire contract pursuant to Article 1419 of the Civil Code.

 

  1. Tolerance

Any tolerance by Fly Solartech Solutions S.r.l. regarding the Customer’s non-compliance with the obligations stipulated in this agreement shall not be construed as a waiver by Fly Solartech Solutions S.r.l. to assert its rights at any time.

Article 11 – Modification of Economic and/or Contractual Conditions

Fly Solartech Solutions S.r.l. has the right to unilaterally modify the economic conditions, both in terms of type and extent, as well as the structure of fees and charges borne by the Customer in any form, and to vary the contractual conditions, by providing the Customer with at least 30 days’ notice and ensuring that the Customer has the right to withdraw without penalties or costs during that period.

Notwithstanding the above, Fly Solartech Solutions S.r.l. may exercise the aforementioned right to unilaterally modify the economic conditions and contractual conditions:

(i) for technical, managerial, and/or economic reasons, such as changes in commercial policies and/or technical changes and/or changes in production or marketing structures;

(ii) due to changes in the relevant regulatory and legal framework and/or related jurisprudential guidelines, including technical and/or managerial aspects of the provided Goods;

(iii) due to changes in market conditions that affect the economic balance and/or the aforementioned technical and/or managerial aspects of the provided Goods;

(iv) for necessary updates to ensure the proper use of the Goods in relation to abusive and/or fraudulent practices.

 

Article 12 – Force Majeure

Force majeure refers to any event, unforeseeable or unavoidable, that is beyond the control of Fly Solartech Solutions S.r.l., and whose occurrence is not attributable to any action or omission on its part, and which by its nature prevents the fulfillment of obligations arising from the Contract. In particular, it is understood that damages or malfunctions of any kind to the Goods resulting from natural events such as, for example and not limited to, floods, storms resulting in lightning strikes, fires, and other natural disasters, do not entail any obligation of free repair/replacement by Fly Solartech Solutions S.r.l.

 

Article 13 – Treatment of Personal Data

The Customer’s personal data acquired within the scope of this Contract are used by Fly Solartech Solutions S.r.l. for the sale of the Goods. The Customer has the right to access their data at any time and to exercise other rights provided for in Article 7 of the Privacy Code (e.g., request information on the origin, correction, or updating of data, etc.), by contacting Fly Solartech Solutions S.r.l. free of charge. For further information on the use of personal data, rights, and to view or request the full text of the privacy policy, the Customer can consult the website www.flysolartechsolutions.com.

 

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The signature affixed to the translation automatically validates the original document in Italian as well. Therefore, we consider the original text in Italian to be officially signed.