1. THE WEBSITE
1.1. Our website is provided “as is” and on an “as available” basis. PROINSO makes no warranty or representation that the website will be free of defects and/or faults. Every effort has been made to ensure that the specifications contained in this website are correct; however, technical data, dimensions and weights serve as a guide only. Sometimes product specifications may change. All sizes and measurements are approximate but we do try to make sure they are as accurate as possible. Images of Goods on our website are for illustrative purposes only and the actual Goods may differ from such images.
1.2. PROINSO accepts no liability for any disruption or non-availability of our website resulting from external causes.
1.3. We aim to update our site regularly and may change the content at any time. If the need arises, we may suspend access to our site. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
2. ONLINE PAYMENT
2.1. PROINSO uses Authorize.net to collect and process all credit card transaction information. Full details of Authorize.net’s Payment security policy can be found at https://proinsosolar.com/secure-shopping.
2.2. Without prejudice to PROINSO’s other rights, if the Customer submits an unjustified credit card, debit card or any other charge-back then PROINSO may terminate any Order between the Customer and PROINSO under these conditions by giving the Customer written notice of such termination.
2.3. For the avoidance of doubt, if the Customer fails to recognize or fails to remember the source of an entry on their card statement or other financial statement and makes a charge-back as a result, this will constitute an unjustified charge-back.
3. THE ORDER
3.2. The price of the Goods shall be the price set out in the Order Confirmation. Unless otherwise specified VAT and any other tax or duty payable by the Customer will be added to the price.
4.1. All unit costs are EXWORKS. Shipping and freight costs will be listed separately and are order specific for which the end client is liable for
4.2. It is the Customer’s responsibility to ensure that all Goods received are checked to establish that quantities match those on the Delivery Note and that there is no apparent damage to the Goods and/or packaging.
4.3. If the Customer considers that there are any discrepancies between the quantity of Goods received by the Customer and the quantity signed for on the Delivery Note, the Customer must bring this to the attention of PROINSO within 24 hours of the delivery. Upon such notification the Customer must provide the Delivery Note with comments on the damage and photographs showing the damage. PROINSO shall be allowed to inspect the Goods.
4.4. The delivery date in the Order Confirmation is approximate only. PROINSO shall not be liable for any delay in delivery of the Goods.
4.5. If the Customer fails to take delivery of the Goods upon the Goods’ arrival at the Delivery Location, the Customer shall be liable to PROINSO for any storage costs and for all related costs and expenses (including insurance).
4.6. If the Customer fails to take delivery of the Goods and fails to agree alternative arrangements with PROINSO (other than by reason of any cause beyond the Customer’s reasonable control or by reason of PROINSO’s fault) then without prejudice to any other right or remedy available to PROINSO, PROINSO may:
4.6.1. store the Goods until actual delivery and charge the Customer for the costs of storage and re-delivery; or
4.6.2. sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Customer for the excess over the price under the Order Confirmation or charge the Customer for any shortfall below the price under the Order Confirmation.
4.7. In the event that the Customer cancels delivery of Goods the Customer shall be liable for any and all loss incurred (whether direct or indirect) by PROINSO as a result of the cancellation (including, but not limited to, any loss of profits).
5. RETURNS POLICY
5.1. Subject to conditions below PROINSO shall not replace or refund any Goods for any reason.
5.2. If the Customer receives any Goods that are damaged, then always provided that:
5.2.1. the Customer gives notice by email to PROINSO within 24 hours after signing of the Delivery Note that (i) some or all of the Goods have been damaged prior to their arrival with the Customer; and (ii) PROINSO is given a reasonable opportunity of examining such Goods (which may include the Customer supplying photographs of the damaged goods); and
5.2.2. the Customer has not used or installed the Goods; and
5.2.3. the Goods have not been soiled and/or damaged by the Customer resulting in them no longer being saleable as brand new; and
5.2.4. the Customer (if asked to do so by PROINSO) returns such Goods to PROINSO’s warehouse in their original packaging at the Customer’s cost;
PROINSO shall, as its option, either replace the damaged Goods, or refund the price of the damaged Goods in full.
6. WARRANTY (DETAILS IN PROINSO’S GENERAL TERMS & CONDITIONS)
6.1. All Goods are supplied by PROINSO with the benefit of the relevant manufacturer’s warranty relating to the relevant Goods (copies of which can be supplied by PROINSO, if requested by the Customer).
6.2. The said warranty may solely be enforced against the manufacturer. If there is any defect or malfunction or any other problem relating to the Goods, the Customer must deal directly with the relevant manufacturer. PROINSO’s sole responsibility will be to offer reasonable assistance to the Customer in such circumstances.
6.3. PROINSO shall have no liability to the Customer in respect of the Goods’ failure to comply with the manufacturers´ warranties.
7. LIMITATION OF LIABILITY
7.1. Notwithstanding anything else in this terms and conditions, and to the extent permissible by law, PROINSO’s aggregate liability arising out of the performance or non-performance of the Order, whether under the law of contract, tort, statute or otherwise, shall be limited to the extent permissible by Law to the price paid to PROINSO by the Customer.
7.3. PROINSO shall not be liable for any business interruption, loss of profit, revenue, materials, anticipated savings, data, contract, goodwill or the like (whether direct or indirect), or for any other form of incidental or consequent damage of any kind.
8. DATA PROTECTION
8.1. PROINSO assures you that we will not pass any of your details on to any other companies and that your details will be held in a secure and responsible way. By submitting any feedback forms from this website you accept that we can store your details. We do not forward them to any other companies; however, we may E-mail you details of your request, special offers, products or news you may be interested in. You can contact us at any time if you wish to have your details removed from our records or if you do not wish to receive any correspondence from us.
9. EXPORT CONTROLS; AVAILABILITY; LAWS
9.1 The Merchandise may be subject to export controls under the laws, regulations and/or directives of the United States and various other countries. The Purchaser must comply with such laws and regulations and not export, re-export or transfer the Merchandise to any country to which such export, re-export, or transfer is forbidden or without first obtaining all required authorizations, permits and/or licenses.
9.2 Due to government regulations and product availability, not all goods sold by the Supplier may be available in every area.
9.3 The Purchaser hereby warrants and represents that it will comply with any and all Laws with respect to the purchase, use, and operation of the Merchandise. For purposes hereof, “Laws” means any international, multinational, national, foreign, federal, state, municipal, local (or other political subdivision) or administrative laws, constitutions, statutes, codes, ordinances, rules, regulations, requirements, standards, policies or guidance having the force of law, treaties, judgments or orders of any kind or nature whatsoever, including, without limitation, any judgment or principle of common law.