Section1: Scope of application
The present Terms and Conditions are applicable to all business dealings and contracts between the I'M SOLAR SA. („seller“ in the following) and any person („buyer“ in the following) concluding a sales contract via the website www.im.solar („website“ in the following) with the seller. The conclusion of a sales contract via the website correlates with the buyer’s acceptance of the present terms and conditions.
The seller reserves the right to change the services or the present Terms and Conditions at any time without prior notice except for the display of a notification on the website.
The Terms and Conditions shall apply as displayed on the website of the time of contract conclusion. The contract is concluded through digital signature with a click performed by the buyer on the website.
It is assumed that the buyer read and accepted the Terms and Conditions as an integral part of the sales contract.
Section 2: Headquarters
The seller is the I'M SOLAR SA. headquartered at: 7 rue Mil cent neufs, L-2157 Luxembourg, LUXEMBURG.
Section 3: Contract
3.1. The content of the website is and remains the property of the seller and is a call to submit an offer to the seller. If the buyer transmits personal and other information to the seller using the website, he submits such an offer to the seller.
The acceptance of the offer to buy goods or services requires the buyer to explicitly accept the Terms and Conditions. The acceptance of the offer results in the Terms and Conditions becoming an integral part of the contract.
After the buyer submitted an offer to the seller and he accepted it, the seller sends an order confirmation to the buyer. The order confirmation may include the price of goods or services such as installation support, the VAT, other taxes, transport and shipping fees for goods and the total price. It also states the expected delivery date.
3.2. The sales contract shall then be deemed concluded. The file is kept at the following address: 7 rue Mil cent neufs, L-2157 Luxembourg, LUXEMBURG.
3.3. The I'M SOLAR SA. only uses fully secure online payment systems. Customers‘ banking details are kept secret at all times and no banking details are directed through or transmitted to the website www.im.solar.
Section 4: Proof of purchase
The contract parties mutually declare that e-mails and digital data suffice as a proof of purchase. All other conditions of the Terms and Conditions shall remain unchanged. Trusted secure preservation of data is ensured through the systematic digital saving of data in a non-alterable database.
Section 5: Right of revocation for consumers within the EU
5.1. Definition: An online retail contract is concluded between the I'M SOLAR SA. and a private buyer (consumer) residing in a EU member state. As a consequence, the consumer reserves the right to withdraw from the contract on the purchase of goods without giving reasons within 14 calendar days starting from the day the consumer or a third party appointed by him (not the forwarding company) receives the purchased goods or, if multiple goods are purchased and shipped separately, receives the last good or, if one good is purchased and split into different elements for shipping, receives the last element of the purchase or, if the regular delivery of goods over a certain period of time is purchased, receives the first of such regularly delivered goods. The buyer suffers no harm in the event of a withdrawal, which cannot be sanctioned with a penalty.
The private buyer (consumer) residing in a EU member state reserves the right to withdraw from a contract on the delivery of services without giving reasons within 14 calendar days starting from the date of contract conclusion. The buyer suffers no harm in the event of a withdrawal, which cannot be sanctioned with a penalty.
The buyer must give prior notice to the seller through the website www.im.solar of his intention to withdraw from the contract. After withdrawing from the contract, the buyer is responsible for restituting the purchased good at his own expense and at its own risk to the warehouse of the I'M SOLAR SA. The good(s) must be returned in their original packaging and in perfect condition, together with the respective bill and delivery note. The buyer is to be held accountable of any damages and depreciation of the good(s) resulting from steps which are not strictly necessary for determining the nature and function of the good(s). The buyer shall return the goods within 14 days starting on the date the withdrawal from the contract was announced and thus effective. If the buyer returns the good(s) in their original packaging, in due time, in perfect condition and unused, the I'M SOLAR SA. shall reimburse the full purchase price to the buyer within 14 days after reception of the return delivery.
Professional buyers (with a VAT number) and private buyers (consumers) which are non-EU residents do not benefit from a right of revocation.
Section 6: Methods of delivery
6.1. Shipping address The buyer indicates the shipping address of his choice as well as a phone number to coordinate appointments with the forwarding company when ordering. The buyer can choose to: - have the goods delivered to a shipping address of his choice (excluding PO boxes) - or to collect the goods himself at the address indicated on the website. If the buyer decides to collect the goods himself at the seller’s address, no transport or shipping fees apply. If the buyer wants the goods delivered at the shipping address of his choice, additional transport costs apply. The exact amount of the additional shipping fees is stated in the order confirmation. In the event of the absence of the buyer upon delivery, he shall contact the forwarding company in order to set another appointment. The forwarding company reserves the right (in some rare cases) to refuse a second delivery until the additional transport fees are paid.
6.2. Delivery time The I'M SOLAR SA. informs the buyer upon confirmation of the order of an estimated delivery time. The buyer commits himself to delivering all goods at the delivery time (“in due time”) if possible. However, the delivery time is not an integral part of the contract and no claims result from it. If the seller fails to deliver in due time, this failure to comply does not constitute any right to withdraw from the contract, to cancel it, to refuse acceptance of the goods or to claim reimbursements or compensation. The I'M SOLAR SA. shall inform the buyer of any delay in delivery occurring without fault.
6.3. Delivery of the goods and transport risk The transport risk is borne by the seller until the goods are delivered to the shipping address indicated by the seller. Upon delivery of the goods, the buyer shall check the complete and perfect delivery of the goods (for instance: damage of packaging). In the event of identified defects or doubts on the perfect conditions of the delivered goods, the seller shall mention these on the delivery note and sign it. Die buyer receives a bill and the delivery note upon delivery. The buyer shall inform the seller within 48 hours of any identified defects, indicating the corresponding serial numbers and adding supportive documentation including photos. The seller is responsible for verifying and fixing the defects, provided that the buyer has mentioned them on the delivery note upon delivery. Upon delivery of the goods, the risk is solely borne by the buyer. In the event of a return shipment to the I'M SOLAR SA., the transport risk is solely borne by the buyer.
Section 7: Modalities for the performance of services
If the seller and buyer conclude a contract about support services for installation, the installer contacts the buyer to schedule an appointment. If the seller is unable to keep the appointment, he shall inform the buyer as soon as possible and set another appointment. After provision of the services, the installer and the buyer jointly fill out the final acceptance protocol for the photovoltaic installation.
Section 8: Payment terms
8.1. Advance payment Payment is due with order. The buyer can choose from various payment methods: - payment per credit or bank card: VISA, EUROCARD or MASTER CARD, - payment per bank transfer. Should the banking institute refuse the payment, the seller shall cancel the order. Upon reception of the payment at the I'M SOLAR SA., the order is confirmed, saved and the buyer receives a payment confirmation via e-mail. Goods cannot be reserved prior to reception of the payment via bank transfer. If no payment is received within 7 calendar days after placement of an order, the seller shall cancel the order.
Section 9: Force majeure
In the event of force majeure, the I'M SOLAR SA. shall not be liable for non-performance of the contract.
Bei non-performance of a contract between the seller and a professional buyer, the I'M SOLAR SA. shall not be liable for any damages directly or indirectly deriving from the non-performance, including but not limited to operating loss, lost profit, other loss, damage or costs.
Section 10: Data protection
The conclusion of a sales contract via the website www.im.solar requires the buyer to share personal data with the seller to enable order processing. The I'M SOLAR SA. reserves the right to use information that was shared by customers or visitors of the website who shared their e-mail address in order to contact them with spontaneous offers or business information. The I'M SOLAR SA. commits itself to the non-disclosure of personal data to a third party, legal or natural person. According to the copyright and author’s rights law currently in force, the buyer reserves the right to access, correct, delete the personal data he shared with the seller at any time. Buyers can claim this right by contacting the following address and providing a proof of identity:
I'M SOLAR SA 7 rue Mil cent neufs, L-2157 Luxembourg , LUXEMBURG.
Section 11: Warranty
Warranty claims are only admissible if the buyer kept the bill and delivery note in the original. The manufacturer warranty is described in the product guarantee. The modalities for warranty claims can be displayed and downloaded on the website www.im.solar. The buyer can purchase a warranty extension within 6 months after purchasing a product. After expiration of this deadline, the I'M SOLAR SA. reserves the right to refuse a warranty extension. In the event of a breakdown in the warranty period, the manufacturer is responsible for repairing or replacing the product in the customary scope. The I'M SOLAR SA. is responsible for establishing the contact between the buyer and the manufacturer.
Section 12: Company address
Headquarters of the I'M SOLAR SA.: 7 rue Mil cent neufs, L-2157 Luxembourg, LUXEMBURG.
This is NOT the contact address of our customer service! Please contact the customer service of the I'M SOLAR SA:
- • in the „Contact“ section of the website www.im.solar
- • via e-mail: firstname.lastname@example.org
N.B.: In order to speed up the processing of your inquiry, please use the specific subject “Customer Service” followed by:
- • Unsubscription
- • Reimbursement
- • Providing supporting documentation
- • Simple inquiry
- • Shipping Please also include your name, surname, e-mail address and an order number in your inquiry.
Section 13: Copyright
The whole of the website www.im.solar and all its content is and remains the exclusive property of the I'M SOLAR SA. The reproduction, modification, distribution and every kind of digital or analogue exploitation of the website’s content beyond the scope of the copyright law shall require explicit approval by the I'M SOLAR SA. Violators will be prosecuted.
Section 14: Applicable law and competent jurisdiction
The present Terms and Conditions are governed by Luxembourgian law. Any dispute relating to the validity, applicability, interpretation, implementation and/or exclusion of the present Terms and Conditions is governed by Luxembourgian law and comes under the jurisdiction of the city of Luxemburg. Legal competence remains unaffected in the event of several defendants, incidental claims, third-party proceedings and appeal proceedings.