Scope and Object of the General Store Conditions

These General Conditions are intended, together with the order form and other elements referred to therein, to regulate the terms and conditions governing the provision of the Online Store Service by Energia Efectiva Lda, with headquarters in Montijo, under the unique registration and tax identification number 517111977.

The Service consists of providing information through the address www.bysolar.store access to the Store Online , relating to a set of products and/or services, allowing the User, electronically, to order the products advertised therein, under the terms and conditions described here.

The order of products must be made by Users aged 18 (eighteen) years or over (individuals under the age of 18 must have authorization from their representatives). The elements and information transmitted by the User will enjoy full legal effects, with the User recognizing electronic purchases, and the User cannot claim the lack of signature for non-compliance with the obligations assumed.

Product Information and Contents

Energia Efectiva Lda will do everything possible to ensure that the information presented does not contain typographical errors, which will be quickly corrected whenever these occur. If you purchase a product that has characteristics different from those shown online , you have the right to terminate the purchase contract under the applicable legal terms (right to free termination - see point 9).

Energia Efectiva Lda will do everything possible to send all the products ordered, but it is possible that, in certain cases and due to factors external to Energia Efectiva Lda, it will not be possible to make some of the products requested by the User available. If a product is not available after placing the order, you will be notified by email or telephone. At that moment you will be presented with the possibility of canceling the order with a corresponding refund, if you have already made the payment.

All information about price, products, specifications, promotional actions and services may be changed at any time by Energia Efectiva Lda.

Responsibilities

3.1 All products and services sold in the Store Online Effective Energy are in accordance with Portuguese Law.

3.2 The Store has adequate security levels, however Energia Efectiva Lda will not be responsible for any losses suffered by the User and/or third parties, due to delays, interruptions, errors and suspensions of communications that originate from factors outside its control. control, in particular, any deficiencies or failures caused by the communications network or communications services provided by third parties, the computer system, modems, connection software or possible computer viruses or resulting from downloading through the file service infected or containing viruses or other properties that may affect the User's equipment. If, for any reason due to an error in accessing the Energia Efectiva Online Store website, it is impossible to provide the service, Energia Efectiva Lda will not be responsible for any losses.

3.3 Data and information consultations carried out within the scope of this Service are presumed to have been carried out by the User, and Energia Effetiva declines any responsibility arising from the abusive or fraudulent use of the information obtained.

3.4 Energia Efectiva Lda will not be responsible for any losses or damages caused by abusive use of the Service that are not directly attributable to it as an act of intent or gross negligence.

3.5 Energia Efectiva Lda is not responsible for losses or damages arising from non-compliance or defective performance of the Service when this is not directly or indirectly attributable to it as an act of intent or gross negligence, and is not responsible in particular for: (i) errors, omissions or other inaccuracies relating to information made available through the Service; (ii) damages caused by the fault of the User or third parties, including violations of intellectual property, (iii) by non-compliance or defective performance resulting from compliance with judicial decisions or administrative authorities or (iv) by non-compliance or defective performance resulting the occurrence of force majeure situations, that is, situations of an extraordinary or unpredictable nature, external to Energia Efectiva Lda and which cannot be controlled by it, such as fires, power cuts, explosions, wars, riots, civil insurrections, decisions governmental actions, strikes, earthquakes, floods or other natural cataclysms or other situations not controllable by Energia Efectiva Lda that prevent or harm the fulfillment of the obligations assumed.

3.6. Energia Efectiva does not guarantee that:

i) the Service is provided uninterruptedly, is secure, error-free or functions infinitely;

ii) the quality of any product, service, information or any other material purchased or obtained through the Service meets any User expectations in relation to it;

iii) any material obtained in any way through the use of the Service is used at the User's own risk, the User being solely responsible for any damage caused to their computer system and equipment or for any loss of data resulting from this operation.

iv) no advice or information, whether oral or written, obtained by the User from or through the Service will create any guarantee that is not expressed in these General Conditions.

3.7. The User accepts that Energia Efectiva Lda cannot in any way be held responsible for any damage, including, but not limited to, damages for loss of profits, data, content, or any other losses (even if previously warned by the User about the possibility of these damages occurring), resulting in:

i) the use or inability to use the Service;

ii) the difficulty in obtaining any substitute for goods/services;

iii) unauthorized access or modification to personal databases.

Consumer Obligations

4.1. The user undertakes to:

i) Provide personal data and correct addresses;

ii) Do not use false identities;

iii) Respect the imposed order limits.

4.2. If any of the data is incorrect or insufficient, and for this reason there is a delay or impossibility in processing the order, or eventual non-delivery, the responsibility lies with the User, and Energia Efectiva Lda declines any responsibility. If the consumer violates any of these obligations, Energia Efectiva Lda reserves the right to eliminate future purchases, block access to the store, cancel the provision of any other services made available simultaneously by Energia Efectiva Lda to the same User; and, furthermore, not allow the User's future access to any or all services provided by Energia Efectiva Lda.

Order cancellation

5.1 At the User's request

The user may cancel the order, as long as it has not yet been sent or processed, and must inform Energia Efectiva by email or telephone.

5.2 Energia Efectiva Lda reserves the right not to process orders when it finds any inconsistency in the personal data presented or observes misconduct on the part of the buyer. Energia Efectiva Lda reserves the right not to process any order or refund, in the event of errors in the values ​​and/or characteristics of the products, when these arise from technical problems or errors beyond the control of Energia Efectiva Lda.

Return (Right of Resolution)

6.1. The user/consumer may return the purchased equipment within 15 days. Returned goods will only be accepted if the following conditions are scrupulously respected:

1- The returned item must be intact and without any marks/damage from use;

2- You will have to return the item together with its packaging, manuals and immaculate accessories;

3- Along with the returned item, you will have to attach the invoice containing that same item.

In case of violation of any of these points, we will not be able to accept the return (and the consequent refund) or exchange.

Manufacturing defect

7.1. In the event of a "manufacturing defect", that is, when faults are detected in the equipment that, in principle, do not fall within the scope of the respective warranty, the User must return the equipment, together with a copy of the invoice and the “Order” form. “Equipment Exchange/Return” form completed, within a maximum period of 10 consecutive days from the date of the invoice, to the following address:

[NAME]

[HOUSEHOLD]

If the User chooses other forms of return, the respective shipping costs will be their responsibility.

7.2. In order for the product to be exchanged, you must ensure that the packaging is complete (box, instruction manual, warranty certificate, terminal and accessories) containing all the components that make it up, in excellent condition.

7.3. If any of the elements mentioned above are missing, or if any of the components are not in excellent condition, there will be no exchange and the product will be sent back to the User.

Guarantee

8.1. All equipment available in the Store is duly certified by the competent international entities.

8.2. Equipment and accessories have a warranty period defined by the manufacturer, which under legal terms is at least 2 (two) years. This period is considered from the date of the equipment invoice and can only be exercised upon presentation of the duly completed warranty certificate and/or proof of purchase (invoice). Some materials have a guarantee of more than 2 years, a guarantee given by the manufacturers.

9.3. Equipment that has exceeded the period defined by the manufacturer or presents defects caused by abnormal wear, improper installation, bad weather, electrical discharges, negligence or accidents, poor handling, infiltration of moisture/liquids, use of accessories not originals and technical interventions by unauthorized personnel.

9.4. If the equipment fails, and if it is covered by the warranty, the User can go with it, and respective proof of purchase and/or warranty, to a technical assistance center of the brand.

9.5. Accessories covered by the warranty, which are damaged, must be sent, with the corresponding proof of purchase and/or warranty, to the following address:

[NAME]

[HOUSEHOLD]

If the User chooses other forms of return, the respective shipping costs will be their responsibility. The User must always request the CTT receipt that proves the order was sent.

9.6. If the equipment fails and this failure is not covered by the warranty, the User can send it to us, so that we can estimate the cost of the repair.

Intellectual property

10.1. The Store is a registered website and the Service provided by the website itself is the responsibility of Energia Efectiva Lda.

10.2. The User acknowledges that the Service contains confidential information and is protected by copyright and related rights, industrial property and other applicable legislation.

10.3. The User acknowledges that any content appearing in the advertising, highlight, promotion or mention of any sponsor or advertiser is protected by laws relating to copyright and related rights, laws relating to industrial property and other property protection laws, therefore Any use of these contents may only occur with the express authorization of the respective owners.

10.4. The User undertakes to fully respect the rights referred to in the previous paragraph, in particular by refraining from carrying out any acts that may violate the law or said rights, such as reproduction, commercialization, transmission or placement making these contents available to the public or any other unauthorized acts that have the same contents as their object.

Service Security Conditions

11.1. The User undertakes to observe all applicable legal provisions, namely, not to practice or encourage the practice of illegal or offensive acts of good customs, such as the indiscriminate sending of unsolicited communications ( spamming ) in violation of the provisions of the legislation applicable to the processing of personal data and advertising communications through automatic calling devices, and must also observe the rules for using the Service, under penalty of [NAME] suspending or deactivating the Service under the terms set out in point 14.

11.2. The User expressly acknowledges and accepts that the IP Network constitutes a public electronic communications network capable of being used by several users, and as such, subject to IT overloads, meaning that Energia Efectiva Lda does not guarantee the provision of the Service without interruptions, loss of information or delays.

11.3. [NOME] also does not guarantee the provision of the Service in situations of unpredictable overload of the systems on which it is supported or force majeure (situations of an extraordinary or unpredictable nature, outside Energia Efectiva Lda and which cannot be controlled by it) .

11.4. In the event of interruption in the provision of the Service due to unpredictable overload of the systems on which it is supported, Energia Efectiva Lda undertakes to regularize its operation as quickly as possible.

Suspension and deactivation of the Store Service

12.1. Regardless of any prior or subsequent communication, Energia Efectiva Lda may, at any time, and in accordance with its sole discretion, discontinue making the Service and/or part of the Service available to one or all Users.

12.2. Energia Efectiva Lda also reserves the right to immediately suspend or terminate access to the Service, in the following cases:

a) When the User does not observe the conditions of use referred to in point 4 and others referred to in the General Conditions;

b) When Energia Efectiva Lda ceases access to the Store, upon prior notice 15 days in advance of the date of cessation.

12.3. The suspension or termination of the Service by Energia Efectiva Lda, in accordance with the previous paragraphs, does not affect the right of the User or third parties to any compensation or other compensation, and Energia Efectiva Lda cannot be held responsible or in any way burdened, for any consequence. resulting from the suspension, cancellation or cancellation of the Service.

12.4. In the situations described above, Energia Efectiva Lda will inform the User in advance so that they can, if they wish, safeguard the content of their order viewing area within 3 (three) working days from sending the email or making information available on the Service's main page.

Communications

13.1. Without prejudice to other forms of communication provided for in these General Conditions, notifications made to the User that relate to the Service, including any changes to these General Conditions, may be made to the User's email address, by SMS or telephone contact .

13.2. The User agrees to receive any and all communications and/or notifications related to the Online Store, to the address, contact telephone number and/or electronic mail (“e-mail”) indicated in the order process.

At any time, you can request not to receive these communications and/or notifications through the Contact Form or through the “Do not receive the Newsletter” option included in each Newsletter.

Applicable law

The Contract is governed by Portuguese law.