Terms & Conditions

  1. Scope of application

    1. SunPower GmbH, Schumannstraße 27, 60325 Frankfurt am Main, Germany, commercial register HRB 81161- Frankfurt am Main, tax ID DE 047 243 74355, ("SunPower", "we", "us", "our/ours") operates the SunPower One software application ("App") and offers via this App a portal with provision of solar system related information (i.e. telematics) (hereafter referred to as "Services").

    2. The Services provided in the App may vary. Depending on the solar system in use and information provided by you, various telemetric operating data of the solar system can be displayed with the App. In addition, estimates of electricity demand, the electricity mix used, projections of electricity costs and possible CO2 savings can be given based on the devices used in your household. Feedback to information and use may be provided to us through the App so we can share aggregated feedback with other App users based on their usage behaviour.

    3. For further information on the App and Services, please refer to the following documents:

    4. Please read the following terms and conditions ("Terms") carefully before using the App and any Services through the App.

    5. The Terms apply to every agreement concluded between you as a customer ("Customer", "you", "your", "yours") and SunPower regarding the usage of our Services through the App ("Contract"), provided that you have agreed to be bound by these Terms within the registration process on the App.

    6. These Terms are directed exclusively towards consumers; whereas a consumer is any natural person who enters into the contract for purposes that are predominantly outside his/her trade, commercial or profession.

    7. The App is not directed to persons under the age of 18 If you are under 18 years of age, please discontinue use of this App.

 

  1. Registration

    1. You must download the App. The App is available via mobile application distribution platforms operated by third parties ("App Stores"). Purchase via the App Store usually require a prior registration by you in the respective App Store.

    2. The use of the App requires that you have a smartphone or tablet with internet access. The operating system on your smartphone or tablet must meet the following minimum requirements: iOS 10 or Android 4.4 operating systems.

    3. To use the App, the registration of an account with SunPower is required ("SunPower Account").

    4. Once you have downloaded the App, open it and the registration form appears on the screen, which allows you to start the registration process. You will automatically be guided through all necessary steps to create your SunPower Account.

    5. When opening the SunPower Account, the Customer must provide all required information in the registration form. Customer is obliged to provide accurate and truthful information at the time of registration and in case of respective changes to correct without undue delay the information.

    6. By clicking on the Register button at the end of the registration application, the Customer makes a request with SunPower to open a SunPower Account. To be able to press the Register button, you will be required to accept these Terms. You can print out or save this version of the Terms using the corresponding functions of your browser or download it here as a "pdf" and save it on your device. In addition, we will inform you about our Privacy Policy

    7. Before pressing the Register button, input errors can be corrected by the Customer by clicking the Back button. On the data entry page, the Customer can correct the entered data by clicking on the corresponding line and deleting the entered data.

    8. As part of the registration process, we will verify your email address by sending you a verification link to the email address you provided.

    9. Once you have placed your registration, it will be acknowledged via an email which will contain the relevant details of your application. Please note that this e-mail does not constitute an acceptance of your application to open a SunPower Account, it only constitutes an acknowledgement of receipt of your application. Your application is not accepted until a confirmation email is sent to you.

    10. SunPower may accept or reject an application for the creation of an SunPower Account. If SunPower accepts the application for registration, the Customer will receive a confirmation by email to the email address provided by the Customer. This email will include the contractual provisions (including these Terms) together with information on the Services. The contract provisions will be saved and stored after the contract has been concluded internally by SunPower in compliance with data protection requirements but are not stored and saved for the Customer. The registration confirmation and the text of the contract should be kept carefully by the Customer itself.

    11. After successful registration, SunPower will provide the Customer with a personal password-protected SunPower Account and the Customer can log-in to the SunPower Account by inserting the chosen username and password.

    12. A connectable SunPower solar system may be linked with the SunPower Account as set forth here (hereafter referred to as "Linked Solar System").

    13. Customer may view on the App whether and if so, which solar systems are linked with its App. If a respective Linked Solar System is not displayed to a Customer, the Customer may request through the App or through the set-up of the respective Linked Solar System. The set-up of the respective Linked Solar System can be made subject by SunPower to the provision of appropriate proof and in case of a used solar system subject to the deletion of the relevant Linked Solar System by the previous owner.

 

  1. OBLIGATIONS OF THE CUSTOMER

    1. You shall take care for the secrecy and security of your access data to the SunPower Account. This means that you have to keep your access data for the SunPower Account secret, that you are not allowed to pass them on, that you do not tolerate or enable third parties to gain knowledge of them and that you take the necessary measures to ensure confidentiality, e.g. by using a secure password consisting of numbers, letters and special characters and by changing your password regularly. You must keep your mobile phone safe from access by other persons.

    2. You are obliged to establish the technical connection to the SunPower Account only via the App.

    3. You shall maintain regular access and install updates to the App provided by us in accordance with Sections 4.3, 4.4 and Errore: sorgente del riferimento non trovata.

    4. You shall ensure that the email address you have provided is accessible from the time of registration and that it is possible to receive emails.

    5. If you discover the loss or theft of your access data, the misuse or other unauthorised use of your access data, you shall inform us immediately. You shall also report any theft or misuse to the police immediately. If you suspect that another person has gained unauthorized possession or knowledge of your access data or is using your access data, you shall also inform us immediately.

    6. You will take the necessary precautions to back up the data and content entered, uploaded and stored by you in the context of the use of the App on a regular basis and in accordance with the risk, and to make your own back-up copies in order to ensure the reconstruction of the data and information in case of loss.

    7. When using the App you are prohibited from:

    8. carry out attacks on the functionality of the App, such as mass sending of feedback (spam), hacking attempts, brute force attacks, the use or sending of spyware, viruses and worms;

    9. attempting to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the App, SunPower Accounts of other users, or the technology and equipment supporting the App; linking to the App without permission;

    10. using data mining, robots, or other data gathering devices on or through the App;

    11. posting incomplete, false, misleading or objectionable information or material;

    12. disclosing personal information about another person;

    13. using the App in an illegal way or to commit an illegal act in relation to the App or that otherwise results in fines, penalties, or other liability to SunPower.

    14. Services may only be used by owner of the Linked Solar System. Services are solar system-bound and may not be transferred to another connectable solar system or be used in another connectable solar system.

    15. In case of sale or permanent transfer of a Linked Solar System to a third party the Customer has to delete the respective Linked Solar System on the App. The Customer is responsible to deactivate the link between the App and the Linked Solar System.

 

  1. App, Services AND UPDATES

    1. We make every effort to ensure that the content on the App is accurate, correct and up to date. To ensure this, we may modify the App and/or the Services from time to time as set forth in Section 4.4.

    2. SunPower does not warrant that the App or Services provided therein will be available at all times, uninterruptedly and without error. The Customer is aware that the App and Services may not be available due to disruptions, maintenance work and/or security reasons. Accordingly, the Customer is not entitled to constant and uninterrupted availability. App and Services shall, however, endeavour to achieve the highest possible availability and to remedy disruptions without delay.

    3. SunPower will inform the Customer and supply with updates, including security updates, that are necessary to keep the App and Services in conformity. Where the Customer fails to install, within a reasonable time, such updates supplied by SunPower, SunPower shall not be liable for any lack of conformity resulting solely from the lack of the relevant update, provided that (a) SunPower informed the Customer about the availability of the update and the consequences of the failure of the Customer to install it; and (b) the failure of the Customer to install or the incorrect installation by the Customer of the update was not due to shortcomings in the installation instructions provided by SunPower.

    4. SunPower may modify the App and Services to the extent necessary to maintain them in conformity with the Contract. Such modifications are made without additional cost to the Customer. Further, the Customer will be informed in a clear and comprehensible manner of the modification.

 

  1. Warranty

Your statutory warranty rights for defects shall remain unaffected; any claims for damages will be subject to the liability disclaimers set out in these Terms.

 

  1. Limitation of Liability

    1. Unless otherwise stated in Contract including the following provisions, SunPower shall be liable for a breach of contractual and non-contractual obligations in accordance with the statutory provisions.

    2. SunPower shall be liable for damages - irrespective of the legal grounds - within the framework of fault-based liability in the event of intent and gross negligence.

    3. In the event of simple or slight negligence, SunPower shall be liable, subject to statutory limitations of liability (e.g. due care in own affairs; insignificant breach of duty) only

      • for damages arising from injury to life, body, or health, and

      • for damages arising from the breach of a material contractual obligation (obligation, the fulfilment of which is a prerequisite for the proper performance of the Contract and on the observance of which the contractual partner regularly relies and may rely); in this case, however, SunPower’s liability shall be limited to compensation for the foreseeable, typically occurring damage.

    5. These limitations of liability do not apply if SunPower has fraudulently concealed a defect, in case of a fraud or fraudulent misrepresentation, if SunPower has given a guarantee of quality, or has assumed a procurement risk. Furthermore, any mandatory statutory liability, in particular under the Product Liability Act, shall remain unaffected.

    6. The limitations of liability resulting from Section Errore: sorgente del riferimento non trovata shall also apply to SunPower’s executive bodies, legal representatives, employees, staff and vicarious agents and/or other persons (for whose fault SunPower is responsible in accordance with statutory provisions.

 

  1. Withdrawal Right

    As a consumer you have a right of withdrawal in accordance with the following provisions.

    WITHDRAWAL RIGHT INSTRUCTION

    RIGHT OF WITHDRAWAL

    You have the right to withdraw from this Contract within fourteen (14) days without giving reasons.

    The withdrawal period will expire fourteen (14) days from the date of conclusion of the Contract.

    In order to exercise your right of withdrawal, you must inform SunPower (Contact: SunPower GmbH, Schumannstraße 27, 60325 Frankfurt am Main, Germany, 0 800 000 798 0 or dpo@maxeon.com [PLEASE INCLUDE] of your decision to withdraw from this Contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, which is not mandatory.

    To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

    EFFECTS OF WITHDRAWAL

    If you withdraw from this Contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and in any event not later than fourteen (14) days from the day on which we are informed about your decision to withdraw from this Contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

    If you requested to begin the performance of Services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this Contract, in comparison with the full coverage of the Contract.

    Information on the expiry of the right of withdrawal

    The right of withdrawal expires prematurely in the case of Services if the Service has been completely rendered and the Customer requested the Service to start before the expiry of the withdrawal period. The right of withdrawal expires prematurely in the case of contracts relating to digital content if the Customer requests and carries out the download of the digital content before the expiry of the withdrawal period.

    END OF WITHDRAWAL RIGHT INSTRUCTION

    Model Withdrawal Form

    (If you wish to cancel the agreement, please complete and return his form.)


     

    To: SunPower GmbH, Schumannstraße 27, 60325 Frankfurt am Main, Germany, dpo@maxeon.com

    I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*);

    Please describe goods/services precisely so it is possible to identify to which goods or services withdrawal refers.

    Ordered on(*) / received on(*):

    Name of consumer(s):

    Address of consumer(s):

    Signature of consumer (only if this form is notified on paper):

    Date:

    (*) Please delete if not applicable


 

  1. Term and termination

    1. General

      1. A termination may be made in writing, via email [or by the Customer via the App using the function "Terminate".]

      2. Either party’s right to terminate for cause remains unaffected as well any statutory rights to terminate orderly and/or rescind from a contract.

    2. Contract

      1. Customer may terminate the Contract anytime.

      2. SunPower may terminate the Contract with two weeks prior notice.

      3. Upon termination of the Contract, SunPower will prevent any further use of the App and Services by the Customer, in particular by making the App inaccessible to the Customer and disabling the SunPower Account, but without prejudice to the following Sections.

      4. SunPower will refrain from using any content other than personal data, which was provided or created by the Customer when using the App, except where such content:

        1. has no utility outside the context of the App;

        2. only relates to the consumer's activity when using the App;

        3. has been anonymised or aggregated with other data by SunPower and cannot be de-anonymised or disaggregated or only with disproportionate efforts; or

        4. has been generated jointly by the Customer and others, and other Customer are able to continue to make use of the content.

 

  1. Intellectual Property

    1. We grant you a limited non-exclusive license to use the App for personal use only. All content on the App, including any images, illustrations, graphics, design, icons, photographs, videos and written and other materials, including the compilation of this App, is the property of SunPower (or licensed to SunPower) and protected under applicable copyright, trademark, and other intellectual property laws. Any copying, republication, or distribution of this App and/or its content is prohibited unless done with prior written consent from SunPower.

    2. Unless otherwise specified, App and/or Services may only be used to the extent required for the use of the App and/or Services in conformance with the respective contract. Outside of these rights of use, no rights to use the intellectual property are granted expressly or in any other way without the express consent of Us or the relevant licensor.

      In the event that you provide SunPower any ideas, thoughts, criticisms, suggested improvements or other feedback related to any elements of the App, Service and/or Linked Solar System (collectively “Feedback”), you hereby grant SunPower a royalty-free, perpetual, irrevocable, worldwide, non-exclusive and sublicensable right to use, distribute, reproduce, modify, adapt, translate, publicly perform, create derivative works from, publicly display, communicate to the public or otherwise exploit the Feedback in whole or in part and/or to incorporate it in other works for the purpose of providing tips, tricks and feedback to other customers as well as for the purpose of improving the App, Service, Linked Solar System and/or other products by SunPower. SunPower accepts this grant of rights.

 

  1. Use of data and Privacy

    1. SunPower has adopted a separate Privacy Policy to which you can refer in order to, inter alia, understand which categories of personal data we process for which purposes and your related data subject rights.

 

  1. Links and third-party content

    1. The App may contain links to third party applications and/or websites. We dissociate ourselves from the contents of such other sites accessed via hyperlinks or similar from the App. We expressly do not endorse such content and/or websites. The sole purpose of these links is to provide you with more comprehensive information. If you access such third-party websites, please be aware that they may be subject to different terms and conditions. When using these other sites, you may be bound by the terms and conditions posted on those websites.

    2. Further, where another entity is identified on the App in relation to specific content, then such other entity is responsible for this content.

 

  1. Amendments to these terms

    1. SunPower reserves the right to modify the Terms any time, for example, in order to comply with a changed or new legal situation, a change in the scope of the Services provided, or regulatory gaps that have come to light. We will indicate the effective date on the App. Any changes to the Terms will only apply on or after the effective date of the updated Terms. In this respect, the version of the Terms in force and made available at the time of the confirmation shall prevail.

    2. Amendments to the Terms which shall apply to the App and ongoing Services are only made under the following requirements:

      1. Amendments to these Terms shall be offered to the Customer in text form no later than [two (2) months] before their proposed date of entry into force. If the Customer has agreed to communicate with electronic means with us within the framework of the relationship, the amendments may also be offered by this means.

      2. The Customer may either agree to or reject the amendments prior to their proposed date of entry into force.

      3. Insofar as the changes only concern the implementation of new regulatory requirements, requirements of case law with regard to general terms and conditions, or reformulation of the terms and conditions without affecting a main service obligation, the Customer shall be deemed to have given his consent if he has not indicated his rejection before the proposed date of entry into force of the changes. SunPower shall specifically draw the Customer's attention to this effect of approval in its offer.

      4. If changes are offered to the Customer, he may also terminate the contract anytime without notice and free of charge before the proposed date of entry into force of the changes. SunPower shall specifically draw the customer's attention to this right of termination in its offer.

 

  1. Choice of Law, VENUE

    1. These Terms and the Purchase Contract will be governed and construed in accordance with the laws of Germany with the exception of the United Nations Convention on the International Sale of Goods (CISG).

    2. As a consumer habitually residing in an EU Member State, you can choose to bring legal proceedings in respect of these Terms in the EU member state in which you are domiciled or in another EU member state, but if we bring legal proceedings, we may only do so in the EU member state in which you are domiciled. As a consumer, if you are habitually residing in the European Union, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms affects your rights as consumer to rely on such mandatory provisions of local law.

 

  1. Notices and Communications

    Except as explicitly stated otherwise and depending on the form requirements of your notice, all notices you send to SunPower shall be sent by mail to SunPower dpo@maxeon.com

 

  1. Contact details, Customer support

    Your views are very important to us as we strive to ensure that all our Customers receive the best possible shopping experience. If however, you are unsatisfied with your experience then please contact us under

    Tel: 0 800 000 798 0

    Email: dpo@maxeon.com

    [SunPower maintains a customer support available here [Link] Our representatives are available Monday - Friday between [9] am and pm (CET).]

 

  1. EU Online Dispute Resolution

In addition, in accordance with European law, you are informed that the European Co