Premise
The present Terms and Conditions (hereinafter referred to as “General Conditions”) govern the terms of joining, accessing, and using the online platform (hereinafter referred to as the “Platform”) of Solarplace srl, accessible via the web addresses https://solarplace.it, https://solarplace.eu, and https://solarplace.net.
The present General Conditions can be viewed within the Platform along with all other documents, including the Privacy Policy and Sales Conditions, and describe the terms and conditions under which Solarplace offers users access to its sites, services, applications, and tools (collectively, the “Services”).
Anyone using the Services is required to read and accept all the terms and conditions published on the Platform; failure to accept them results in exclusion from using the Services.
The present Conditions can be viewed at any time on the Platform through the dedicated section, printed, or saved on a PC in compliance with D.Lgs. 185/1999.
1. General Provisions
1.1 The Platform is an e-commerce developed, designed, and managed by Solarplace, which allows the conclusion of sales agreements of movable goods between Solarplace and the Clients. Clients, in order to use the Services offered by the Platform, must create their own online account by providing a reference email address, their business information, and accepting these General Conditions and the Sales Conditions viewable at the following address https://solarplace.net/sales-conditions.
1.2 The General Conditions can be modified at any time without any prior notice, by unilateral decision of Solarplace and without any approval from the Users. Any changes and/or new General Conditions will be effective from the moment of their publication on the Platform. Clients are therefore invited to regularly access the Platform to check for any modifications and/or updates of the Conditions. If the modified Conditions are not accepted, the User will no longer be able to use the Platform's services. The use of the Platform, even after modification of the Conditions, is understood in all respects as acceptance of the General Conditions.
1.3 These Conditions are considered accepted if the Client registers for an account on the Platform and/or checks the relevant box when submitting a purchase request. In this case, the Client expressly acknowledges that submitting the purchase request implies their full knowledge and acceptance of these General Conditions and the Sales Conditions.
2. Use of the Platform by the User
2.1 The use of the Platform and the Services provided there is allowed only to:
A. those operating in the design and/or construction and/or installation and/or maintenance of electrical, energy, civil or industrial systems or in the production and/or distribution of related materials;
B. those who have the capacity to act or to those whose use of the Platform has not been temporarily or permanently suspended.
2.2 The use of the Platform and Services entails a prohibition to:
- violate the law, the rights of others, or Solarplace's terms and conditions (whether referred to in this document or not);
- in any way infringe copyright, trademarks, or any other rights of third parties;
- transfer the account and User ID to others;
- post false, inaccurate, misleading, defamatory, or slanderous data including personal information;
- spread viruses or any other technology intended to damage the Platform or its proper functioning or the interests or property rights of Solarplace;
- use robots, spiders, scrapers, or other automatic tools to access the Services for any reason;
- export or re-export any Solarplace application or tool except in compliance with applicable law;
- copy, modify, or distribute rights or content of the Platform or Services, or Solarplace's intellectual property and registered trademarks;
- copy, reproduce, perform reverse engineering, modify, create derivative works, distribute, or publicly disseminate any content (except for your account information) of the Services without the prior authorization of Solarplace, where applicable;
- commercialize a Solarplace application or any information or software associated with such application, or manually or automatically collect or gather in any way information about Users, including email addresses, without their consent;
2.3 Solarplace begins to provide its Services to the Client from the moment of their acceptance of these General Conditions through registration on the Platform, and from the moment Solarplace deems the Client eligible to use the Platform according to chosen criteria (for example, but not limited to: registration allowed only to users operating on behalf of companies in the installation of civil, industrial, electrical, or energy systems) but not necessarily disclosed by Solarplace;
Solarplace also reserves the right to delete or suspend unconfirmed accounts or accounts that have been inactive for a long time.
2.4 The viewing of commercial information, the request for quotes, and the purchase of services, digital or technological goods related to the construction, design, and/or installation of electrical, civil, industrial, and energy systems on the Platform, takes place upon registration in a Solarplace account. Registration is free. To register on the Platform, the User must complete the registration procedure available on the Platform itself.
2.5 The User guarantees that the personal or company information provided during the registration procedure on the Platform is complete and truthful and undertakes to keep the Platform harmless and indemnified from any damage, compensatory obligations, and/or sanctions arising from and/or in any way connected to the violation of the registration rules on the Platform or the preservation of registration credentials.
2.6 In addition to what was mentioned in the previous point (2.4), registration also allows the User to perform the following activities:
- consult online the status of their order and verify the “history” of orders placed, verify the complete order details, including product details, shipping address, and billing address;
- receive product offers;
- manage their personal profile information;
- modify information related to the shipping or billing address;
- download and/or purchase reports, publications, studies, and analyses related to various technological sectors;
- request quotes for the purchase of large volumes of material;
- take advantage of other services that may be activated from time to time by Solarplace.
3. Termination
3.1 Solarplace, at its sole discretion and without providing any justification, reserves the right to limit, suspend, terminate its services, and delete Client accounts, as well as to prohibit Client access and activities related to the Services.
3.2 Solarplace may take the measures mentioned in the previous point (3.1) without any prior notice toward the Client in the following cases:
- The Client has failed to comply with what is stated in the "User use of the Platform" part of these General Conditions;
- The Client has received a number of disputes for unpaid items;
- The Client has taken actions that may cause problems or legal responsibilities for Solarplace or third parties;
- Solarplace has a reasonable suspicion that the Client is violating the rights of third parties;
- The Client is violating these General Conditions or other Platform rules (whether or not referenced in this document) or is abusing Solarplace employees or other Clients;
- The Client fails to make full payment for the products purchased;
- The Client's account is unconfirmed or inactive for a long time.
3.3 Solarplace also reserves the right to decide to be more flexible in the application of its rules.
3.4 The Client can withdraw from these General Conditions with two months' notice by deleting their account through the section dedicated to account settings modification. In the event of withdrawal, Solarplace will proceed to delete the account and all states associated with the account.
4. Platform Functionality and Limitation of Liability
4.1 Solarplace cannot be held responsible for any damages of any kind directly or indirectly caused by accessing the Platform, the inability or impossibility of accessing it, reliance on the information contained therein, or its use.
4.2 Solarplace reserves the right to make, without any notice, technical and aesthetic modifications to the Platform, as well as to limit, modify, or cease the extent and functionalities at any time.
4.3 Although Solarplace endeavors to offer its services without issues or technical faults, the use of the Platform may always be suspended due to maintenance work, updates, new developments, etc. In such cases, Solarplace assumes no responsibility for the availability of the service, technical faults, or data loss.
4.4 Solarplace strives to keep the sites and Services safe and working properly but cannot guarantee continuous operation or continuous access to the Services. Offers, updates, and other notification functionalities in the Services may not operate in real-time. These functionalities are subject to delays beyond Solarplace’s control. Within the limits provided by applicable laws, Solarplace (including parent companies, subsidiaries, affiliates, directors, agents, and employees) will not be liable in any way for economic losses, including losses of data, profits, earnings, business, opportunities, goodwill, or for damage to reputation or for damages that are not reasonably foreseeable and related directly or indirectly to the complete activity concerning the contract.
5. Information Contained on the Site
5.1 Any information or news provided on the Platform is presented purely for indicative and general purposes and exclusively for the informational purpose of guiding a correct choice in the purchase of Products.
6. Updates and Changes
6.1 These General Conditions may be periodically modified by the Company based on the development of its commercial policy, as well as in compliance with any legislative updates and changes. Each contract concluded is considered perfected based on the Sales Conditions in effect at the time of order and published on the Platform. Each update and/or modification will be regularly published on the Platform and will be immediately effective from the date of publication thereof.
7. Intellectual Property
7.1 Solarplace s.r.l., with its registered office at via Tramontana No.1, Carbonia, tax code and VAT No. 03899910925, is the exclusive owner of the trademark and domain names “solarplace.it”, “solarplace.net” and “solarplace.eu” and the related Platform and all services usable on it, of every identifying logo of the telematic portal, domain name, computer program, software, graphics, videos, music, photos, images, documentation, and interactive features, technology, URL, services, information, databases contained therein as well as all intellectual property rights on them.
7.2 Solarplace is a registered trademark.
7.3 The ownership, property rights, and intellectual or industrial property rights related to the domains mentioned in point 7.1 above as well as to the contents accessible through this Platform and the services contained therein are owned by Solarplace and may be protected by copyright laws, trademark protection laws, or other applicable laws.
8. Disputes
8.1 In case of dispute between the Client and Solarplace, the parties will meet to seek an amicable solution. Solarplace will consider reasonable requests to resolve the dispute through other procedures such as mediation and arbitration, as an alternative to judicial avenues.
8.2 The interpretation and implementation of these Platform Conditions are exclusively governed by Italian legislation and jurisdiction.
8.3 The exclusive jurisdiction to judge any dispute arising from these Conditions will be the Court of Cagliari.