Terms and Conditions of Website Use & Sales

 

Welcome to Solio.com. This agreement (“Agreement”) is between you, the user (“you” or “your”) and Better Energy Systems, Ltd (“Better Energy”).  This Agreement governs the sale of products from and all access to the website and any other website owned or controlled by Better Energy (collectively, the “Website”).  We expressly reserve the right revise and update these Terms of Use from time to time so please periodically review them.

BY ACCESSING THE WEBSITE MEMBER ACCEPTS, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT.

 

Privacy

Better Energy knows that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This notice describes our privacy policy. By visiting the Website, you are accepting the practices described in this Privacy Notice.

 

What Personal Information About Customers Do We Gather?

Electronic Communications

The information we learn from customers helps us personalize and continually improve your shopping experience at Website. Here are the types of information we gather.

Information You Give Us: We receive and store any information you enter on our Web site or give us in any other way. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features. We use the information that you provide for such purposes as responding to your requests, customizing future shopping for you, improving our stores, and communicating with you.

Automatic Information: We receive and store certain types of information whenever you interact with us. For example, like many Web sites, we use “cookies,” and we obtain certain types of information when your Web browser accesses the Website. 

E-mail Communications: To help us make e-mails more useful and interesting, we often receive a confirmation when you open e-mail from Us if your computer supports such capabilities. We also compare our customer list to lists received from other companies, in an effort to avoid sending unnecessary messages to our customers. 

Does Better Energy Share the Information It Receives?  Information about our customers is an important part of our business, and we are not in the business of selling it to others. We share customer information only as described below and with subsidiaries Better Energy controls that either are subject to this Privacy Notice or follow practices at least as protective as those described in this Privacy Notice.

Agents: We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes. 

Promotional Offers: Sometimes we send offers to selected groups of Better Energy customers on behalf of other businesses. When we do this, we do not give that business your name and address. 

Protection of the Website and Others: We release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Conditions of Use and other agreements; or protect the rights, property, or safety of Better Energy, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. Obviously, however, this does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes in violation of the commitments set forth in this Privacy Notice. 

How Secure Is Information About Me?  We reveal only the last five digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing. 

 

Access to the Website

We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

 

Limited License for Website Access

Better Energy grants you a limited license to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Better Energy. This license does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.  You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Better Energy and its affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing our or our affiliates’ names or trademarks without the express written consent of Better Energy. Any unauthorized use terminates the permission or license granted by Better Energy. Y ou are granted a limited, revocable, and non-exclusive right to create a hyperlink to the intro page of the Website as long as the link does not portray Better Energy, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Better Energy logo or other proprietary graphic or trademark as part of the link without our express written consent.

 

Your conduct

You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.

You understand that you, and not Better Energy, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.  You must not use the website for any of the following: for fraudulent purposes, or in connection with a criminal offence or other unlawful activity; to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam”; to cause annoyance, inconvenience or needless anxiety.

 

Reviews, comments, communications and other content

Users of the Website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Better Energy reserves the right (but not the obligation) to remove or edit any content.

If you do post content or submit material, and unless we indicate otherwise, you grant Better Energy and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Better Energy and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Better Energy, including the execution of deeds and documents, at the request of Better Energy

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to Better Energy: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable Better Energy policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify Better Energy and its affiliates for all claims brought by a third party against Better Energy or its affiliates arising out of or in connection with a breach of any of these warranties.

 

Copyright and database rights

All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Better Energy, its affiliates or its content suppliers and is protected by United Kingdom and international copyright and database right laws. The compilation of all content on this website is the exclusive property of Better Energy and its affiliates and is protected by United Kingdom and international copyright and database right laws. All software used on this website is the property of Better Energy, our affiliates or our software suppliers and is protected by United Kingdom and international copyright laws. You may not systematically extract and/or re-utilize parts of the contents of the website without Better Energy’s express written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization of any substantial parts of this website, without Better Energy’s express written consent. You also may not create and/or publish your own database that features substantial (eg our prices and product listings) parts of this website without Better Energy’s express written consent.

 

Trademarks

SOLIO, SOLIO PLUG INTO THE SUN, PLUG INTO THE SUN, TURN SUN RAYS INTO SOUND WAVES, THINK DIFFERENT THINK BETTER, BETTER ENERGY and other marks indicated on our website are trademarks or registered trademarks of Better Energy or its subsidiaries, in the European Union and/or other jurisdictions. Better Energy’s graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of Better Energy. Better Energy’s trademarks and trade dress may not be used in connection with any product or service that is not Better Energy’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Better Energy. All other trademarks not owned by Better Energy that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Better Energy.

 

Our Contract

When you place an order to purchase a product from us, we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send e-mail confirmation to you that we’ve dispatched that product to you (the “Confirmation E-mail”). That acceptance will be complete at the time we send the Confirmation E-mail to you. Any products on the same order which we have not confirmed in a Confirmation E-mail to have been dispatched do not form part of that contract.

 

Shipping

Orders will not be shipped until after 9:00 AM London Standard Time of the next business day (Monday to Friday) following placement of your order, excluding holidays and weekends. Change of day is considered to occur at midnight (12:00AM) London Standard Time.

All order shipments are subject to product availability and complete customer order, billing and shipping information being received by Better Energy. Shipments are also pending weather restrictions or natural disasters. Shipping times only apply from the date and time that the order was shipped. Shipping times do not include customs delays.

 

Cancellations

Your order can only be cancelled before 9:00 AM London Standard Time of the next business day (Monday to Friday), following placement of your order, excluding holidays and weekends. After 9:00 AM London Standard Time, a cancellation request is considered to be late and is not guaranteed to be accepted. Better Energy is not responsible for late cancellation notices and the customer will remain liable for all product and shipping and handling fees.

Change of day is considered to occur at midnight (12:00AM) London Standard Time. Cancellations must be made via email request to support@solio.com or phone at +44 (0)207 471 1706.

 

Exchanges & Refunds

Non-Faulty Product

If for any reason you are not satisfied with any of our products, unused merchandise may be returned for exchange within 30 days from the date of receipt and subject to the provisions below:

The product must have been purchased via the www.solio.com online store.  The product must be returned in its original packaging;  Items returned for either exchange or refund must be in their original condition and shipped back in their original packaging.  They must be returned undamaged, unused and unopened.  The original sales receipt must be enclosed (photo copies accepted).

A Return Merchandise Authorization (RMA) must be requested within 30 days of receiving the order:  RMA requests past the 30-day period will NOT be accepted.  Return packages without clearly marked Order ID number will NOT be accepted and returned at the customer’s expense.  The product is mailed within 15 days of receiving an RMA form:  No return packages will be accepted after this time period.  Please return all products via insured parcel post. This shipping method allows for tracking of the package.  Better Energy will not be responsible for lost or damaged packages. In addition to your 30-day returns guarantee, customers in the European Union are entitled to a statutory cooling-off period of seven business days.

Please Note:

Allow 30-days turn around time for exchange or refund items to be processed.

Shipping costs are not refundable. No refund will be made on the shipping portions of your order. We do not accept COD.  The cost of initial shipping and all return shipping is sole responsibility of the customer.  Overseas Orders:  DO NOT input the full commercial value of returned goods on any form you are required to complete. For maximum speed and efficiency simply put a nominal $1 US value.  Clearly mark both sides of the package, GOODS FOR RETURN.  If you do not this we may be asked to pay import customs, in which case we will refuse and your goods will be returned.

We reserve the right not to exchange or refund items that were: damaged due to accident, misuse, abuse, product modification or neglect or damage resulting from the performance of repairs unauthorized by Better Energy.

Damaged or Defective Products:

To ensure the highest possible quality, we fully inspect each product before it is shipped.  We also fully guarantee all of our products to be free from factory and workmanship defects.  If any product is found to be defective, or has been damaged in shipping, Better Energy needs to be informed immediately upon receipt of goods.  Refund may be applied provided the conditions listed in our Exchange and Return policy are met.

 

RMA Request

In order to return or exchange any item purchased from www.solio.com, a Return Merchandise Authorization (RMA) must be requested within 30 days of receiving your order. The email must include your name, e-mail address, order id number (required), product and reason for return.  Once you have received a reply from us, specific return instructions will be provided and must be followed.  Please be sure to read and follow our return policy. To initiate any return, email us at support@solio.com.  You may also request an RMA through our Customer Care section by submitting the Exchange and Return form. Do not send prior to instructions from us.

Return Address:

If outside of the European Union to:

Better Energy Systems LLC
1508 Sixth Street
Berkeley, California 94710      

 

If within the European Union to:

Better Energy Systems Limited
20 Mulberry House
583 Fulham Broadway
London, UK SW6 5UA

 

Children

Better Energy does not sell products for purchase by children. We sell children’s products for purchase by adults. If you are under 18, you may use the Website only with the involvement of a parent or guardian.

 

Electronic communications

When you visit Better Energy or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

 

Losses

Better Energy will be responsible for any losses you suffer as a result of us breaching these conditions if the losses were reasonably foreseeable to both you and us when you commenced using the website, or a contract for the sale of goods by us to you was formed. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website or when a contract for the sale of goods by us to you was formed. Better Energy does not limit in any way our liability by law for death or personal injury caused from our negligence or breach of duty.

 

Alteration of Service or Amendments to the Conditions

We reserve the right to make changes to our website, policies, and these Terms and Conditions of Use & Sale at any time. You will be subject to the policies and Conditions of Conditions of Use & Sale in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

 

Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

 

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Governing law and jurisdiction

These conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts.

 

Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, copy the Notice to Better Energy Systems of Copyright Infringement below into your word processor program, complete it in accordance with the instructions in the Notice and send a printed, signed copy to: Mark Hornor, Copyright Claims, Better Energy Systems 20 Mulberry House 583 Fulham Broadway London, UK SW6 5UA. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed. Please provide your address, telephone number, and e-mail address.

Important Warning: giving false, misleading or inaccurate information in the Notice to Better Energy Systems of Copyright Infringement may result in civil and criminal liability.

 

Notice to Better Energy Systems of Copyright Infringement

In the matter of www.solio.com.

S T A T E M E N T

I, [please set out your full name] of [please give your postal address], [please state your occupation], say as follows:

1. I refer to the website www.solio.com (“the website”). I make this statement in support of my giving Better Energy Systems notice that, via the website, it is causing or contributing to an infringement of copyright.
2. The work in which copyright is claimed to subsist is [please clearly identify and describe the copyright work(s) claimed to be infringed] (“Copyright Work”).
3. [I am] OR [I am authorised to act on behalf of] the owner of an exclusive right in the Copyright Work that is claimed to be infringed. [If the person making the statement is acting on behalf of the Complainant please include the following:] The person/entity claiming that its rights in the Copyright Work have been infringed is [please state name and address of the person/entity] (“Complainant”). I am [please explain the relationship of the signatory to the Complainant].
4. The material which is claimed to infringe the Copyright Work (“Infringing Material”) is: [please clearly identify and describe the infringing material or work(s)].
5. The Infringing Material appears on the website at [please cut and paste the address of the relevant Web page from the website where the Infringing Material appears].
6. The use of the Infringing Material described in paragraph 5 infringes [my rights] OR [the rights of the Complainant] in the Copyright Work and is not authorized by the copyright owner, its agent(s), or the law.
7. I understand that this statement may be used in any court proceedings that may arise out of or relating to the Infringing Material.

Statement of Truth

I declare the facts stated above to be true.

Signed:

Date: