Store Terms & Conditions
Last Updated: July 18, 2023
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, INDEMNIFICATION OBLIGATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THE STORE (DEFINED BELOW) IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH PROJECT SOLAR, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these “Terms”) apply to the purchase and sale of products and services available from projectsolar.com/collections/store (the “Store”). These Terms are subject to change by Project Solar, Inc. (referred to as “Project Solar”, “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on https://projectsolar.com/pages/store-terms-conditions, and you should review these Terms before purchasing any product or services that are available through the Store. Your continued use of the Store after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
- ORDER ACCEPTANCE AND CANCELLATION.
You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us (usually within 24-36 hours of placing your order) or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Project Solar and you will not take place unless and until you have received your order confirmation email.
You have the option to cancel your order at any time before we have sent your order confirmation email by contacting our customer support team by sending an email to email@example.com or by calling (256) 669-9660. Any cancellation following delivery of your order confirmation email that is approved by Project Solar may be subject up to a 15% restocking fee.
You agree that all of your transactions with or through the Store, including without limitation any and all transactions in which you obtain assistance from our customer support team, may, at our option, be conducted electronically from start to finish, and that any oral conversations may be recorded by us. If we decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different written terms and conditions provided by us. You are responsible to print or make an electronic copy of these Terms, the order confirmation and any other contract or disclosure that we are required to provide to you.
- PRICES AND PAYMENT TERMS.
All prices posted on the Store are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes (e.g., foreign, federal, state or local sales, use, value-added, excise, gross receipts, personal property, or any similar transaction or consumption taxes, tariffs, duties or other charges imposed on or measured by the use, sale, purchase or ownership of products or receipt of services) or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept major credit cards and certain third party payment processors, as indicated on the checkout page, for all purchases; availability of certain payment methods is subject to change without notice. You represent and warrant that (i) the credit card or other payment information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card or other payment for the purchase, (iii) charges incurred by you will be honored by your credit card company or other payment processor, and (iv) you will pay charges incurred by you at the posted prices, including all shipping fees and applicable taxes, if any.
- PRODUCT CHANGES. At our sole discretion, we may make any changes in the design of or specifications for, or in the way we manufacture or produce, any product if such changes are necessary or desirable to improve the safety, performance or other aspect of such product. Further, we may furnish suitable substitute products or product components for components which are unobtainable by us because of any priorities, rules, orders, regulations or the like established by governmental authorities or agencies, or due to price changes or the non-availability of materials or components from suppliers.
- SHIPMENTS; DELIVERY; TITLE AND RISK OF LOSS.
We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. We currently do not ship products outside of the contiguous United States.
Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
- RETURNS AND REFUNDS. Except for any products designated on the Store as non-returnable, we will accept a return of the products by you purchased directly from the Store for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 30 days of delivery and provided such products are returned in their original condition, including all accessories. Without limiting the foregoing, products that are damaged, destroyed or rendered unusable or unsalable are not eligible for returns or refunds.
To return products, you must obtain a Return Merchandise Authorization (“RMA”) number from our customer support team by sending an email to firstname.lastname@example.org or by calling (256) 669-9660. No returns of any type will be accepted without an RMA number. All returns after such 30-day period, if accepted, are subject to a 15% restocking fee.
After receiving an RMA, return packaging and labels will be sent to you. You are responsible for all shipping and handling charges on returned items (other than for claims arising under the limited warranty below). By way of example only, return shipping costs often exceed $100 for most battery products and hazardous materials. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.
Once we receive the returned item, we will inspect it to ensure it meets the return applicable eligibility criteria. If the product qualifies for a refund, the refund will be processed promptly, but in any event within 7 to 10 business days of our receipt of your merchandise. If product does not qualify for a refund, you will be responsible for all shipping and handling charges on rejected items that are thereafter returned to you.
Your refund will be credited back to the same payment method used to make the original purchase on the Store. If the original payment method is not available or if the refund cannot be processed, we may offer alternative refund options at our discretion. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THE STORE AS NON-RETURNABLE.
- EXCHANGES. If you would like to exchange a product for a different size, model, or variant, please contact our customer support team by sending an email to email@example.com or by calling (256) 669-9660. We will guide you through the exchange process and provide you with further instructions. Exchanges are subject to product availability and may be subject to additional charges or fees (including shipping and handling costs).
- LIMITED WARRANTY.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
THIS LIMITED WARRANTY CAN ALSO BE FOUND IN THE DOCUMENTATION WE PROVIDE WITH THE PRODUCTS.
WE WARRANT THAT DURING THE WARRANTY PERIOD (AS DEFINED BELOW), THE PRODUCTS PURCHASED FROM THE STORE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP.
WE ALSO WARRANT THAT DURING THE WARRANTY PERIOD THE SERVICES PURCHASED FROM THE STORE WILL BE PERFORMED IN A WORKMANLIKE MANNER AND IN ACCORDANCE WITH GENERALLY RECOGNIZED INDUSTRY STANDARDS FOR SIMILAR SERVICES.
WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. OUR RESPONSIBILITY FOR DEFECTIVE SERVICES IS LIMITED TO REPAIR, RE-PERFORMANCE OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.
Who May Use This Warranty? This limited warranty extends only to the original purchaser of products and services from the Store. It does not extend to any subsequent or other owner or transferee of the product or any transferee or other beneficiary of the service.
What Does This Warranty Cover? This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in products and services purchased from the Store.
What Does This Warranty Not Cover? This limited warranty does not cover any damages due to transportation, storage, improper use, failure to follow the product instructions or to perform any preventive maintenance, modifications, combination or use with any products, materials, processes, systems or other matter not provided or authorized in writing by Project Solar, unauthorized repair, normal wear and tear, or external causes such as accidents, abuse, or other actions or events beyond our reasonable control.
What Is the Period of Coverage? This limited warranty starts on the date of your purchase and lasts for one year the “Warranty Period”. The Warranty Period is not extended if we repair or replace a warranted product or re-perform a warranted service. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
What Are Your Remedies Under This Warranty? With respect to any defective products during the Warranty Period, we will, in our sole discretion, either: (i) repair or replace such products (or the defective part) free of charge or (ii) refund the purchase price of such products. We will also pay for shipping and handling fees to ship the defective product to us and, if we elect to repair or replace the defective products, return the repaired or replacement product to you (if we elect to repair or replace the defective products. With respect to any defective services during the Warranty Period, we will, in our sole discretion, either: (i)] repair or re-perform the defective services free of charge or (ii) refund the purchase price of such services.
How Do You Obtain Warranty Service? To obtain warranty service, you must contact our customer support team by sending an email to firstname.lastname@example.org or by calling (256) 669-9660 during the Warranty Period to obtain an RMA number. No warranty service will be provided without an RMA number. Please provide clear and detailed information, including photographs if possible, to help us assess the damage/defect accurately and/or troubleshoot.
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE STORE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- GOODS NOT FOR RESALE OR EXPORT. You agree to comply with all applicable laws and regulations of the various states and of the United States. You represent and warrant that you are buying products or services from the Store for your own personal or household use only, and not for resale or export.
- INTELLECTUAL PROPERTY USE AND OWNERSHIP. You acknowledge and agree that Project Solar and its licensor(s) are and will remain the sole and exclusive owners of all intellectual property rights in and to each product and service made available on the Store and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, trademarks and other intellectual property rights. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products or services made available through the Store, or of any intellectual property rights relating to those products or services.
- FORCE MAJEURE. Neither party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any of your obligations to make payments to us hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) reasonable control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, disease or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other events beyond the reasonable control of the Impacted Party.
- CUSTOMER INDEMNITY. You shall indemnify, defend and hold harmless Project Solar, all direct and indirect subsidiaries of Project Solar, and all of our and their respective officers, directors, affiliates, agents, and employees from and against any and all claims, losses, damages, liabilities, demands, actions, costs, attorneys’ fees and expenses (including without limitation damages arising from personal injury, death or property damage) that may arise out of or result from: (a) any breach by you of these Terms; (b) any violation by you of any applicable law, rule, ordinance or regulation; (c) any use, misuse, modification or resale of any product by you or any other person; or (d) your negligence or willful misconduct.
- GOVERNING LAW AND JURISDICTION. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Utah without giving effect to any choice or conflict of law provision or rule (whether of the State of Utah or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Utah.
- EXCLUSIVE VENUE. THE PARTIES AGREE THAT ALL DISPUTES, LEGAL ACTIONS, SUITS AND PROCEEDINGS ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE BROUGHT EXCLUSIVELY IN A FEDERAL DISTRICT COURT LOCATED IN THE DISTRICT OF UTAH OR THE STATE COURT IN SALT LAKE COUNTY, UTAH (COLLECTIVELY THE “DESIGNATED COURTS”). EACH PARTY HEREBY CONSENTS AND SUBMITS TO THE EXCLUSIVE JURISDICTION OF THE DESIGNATED COURTS. NO LEGAL ACTION, SUIT OR PROCEEDING WITH RESPECT TO THIS AGREEMENT OR ANY PRODUCT OR SERVICE MAY BE BROUGHT IN ANY OTHER FORUM.
- ASSIGNMENT. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
- NO WAIVERS. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Project Solar.
- NO THIRD-PARTY BENEFICIARIES. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Store. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
To give us notice under these Terms, you must contact us as follows: (i) by sending an email to email@example.com (with confirmation of receipt); or (ii) by personal delivery, overnight courier or registered or certified mail to 578 Timpanogos Pkwy building g suite 2100, Orem, UT 84097 USA. We may update the email or address for notices to us by posting a notice on the Store. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
- SEVERABILITY. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.