Terms and Conditions of Sale on the Enphase store
Effective as of March 18, 2021
These terms and conditions of sale (“Terms of Sale”) apply to the purchase of products on the online store operated by Enphase Energy, Inc. (“Enphase,” “we,” “us,” or “our”) available at, https://store.enphase.com (the “Enphase Store”). The term “you,” or “your” refer to you and each visitor of the Enphase Store. The Terms of Sale incorporate the following terms:
- Enphase Energy’s general Terms of Service (“General ToS”), available here.
- The limited warranties for products, as applicable, available here.
- Enphase Energy’s terms for its Installer network, applicable to all Installers part of Enphase’s Installer network available here.
In the event of any conflict with the Terms of Sale and the General ToS, the Terms of Sale will prevail, unless otherwise provided for by applicable law.
2. Creation of Enlighten Account
You agree that in order to purchase products from the Enphase Store, you must create an account on the Enlighten Service, which is a web-based service. For any issues regarding your use of the Enphase Store or your order, please contact customer service at firstname.lastname@example.org or call our helpline (877) 797-4743 anytime between 8:00 am and 4:30 pm Pacific Daylight Time, between Monday and Friday.
3. Order acceptance and cancellation
Upon receipt of your order, we may send you an email or other notification confirming the receipt of your order. Unless expressly indicated in such communication, confirmation of the receipt of your order is not acceptance of your order. Orders for products are accepted when you receive notice that the product has been shipped.
You may cancel your order by contacting customer service using the contact information below: (i) at any time prior to the shipment of your order; or (ii) upon Enphase notifying you of a delay in the shipment of your order. If you need to change or cancel your order prior to order acceptance, you can use your Enlighten Account to log into the Enphase Store and cancel your order in the “My Orders” section or contact our customer service at email@example.com; or call our helpline (877) 797-4743. Restrictions may apply. Except as set forth above in this paragraph, orders placed by you are non-cancellable. Once your order has been shipped, and unless it is designated as “non-returnable,” it can be returned as described in the return policy below, within 30 days of receipt of the shipment.
Please note Enphase reserves the right to decline or cancel orders, in whole or in part, at any time, including after acceptance. Except for the refund obligation described below, we will have no liability for such order declines or cancellations or email notification failure.
When you pay by credit card, you must supply your credit card details when you place your order. You agree to pay all fees and charges for the order you make through the Enphase Store. You agree that Enphase may charge your credit card through the services of our payment service provider’s portal. We reserve the right to verify the identity of the credit card holder by requiring appropriate documentation. Your payment method will be charged when you place your order. We may seek pre-authorization of your card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
If non-payment occurs due to a failed credit card transaction, then we may terminate the applicable order.
We accept Discover Network, Visa, MasterCard, American Express credit cards, through our third party payment service provider’s portal. We use Stripe, Inc. (“Stripe”) as our third party payment service provider. By purchasing a product on Enphase Store you hereby consent and authorize our use of Stripe to process your payment. We disclaim all liability with regards to any fees or problems you have with our payment service provider. Want to know more? Please call (877) 797-4743 for additional information.
Our payment service provider and the credit and debit cards we accept may change without notice.
5. Prices, taxes, fees
Unless otherwise indicated, the prices listed on Enphase Store do not include sales tax, shipping, and handling charges. You will have the opportunity to review product prices and any applicable sales tax, shipping, and handling charges prior to submitting your order or completing the checkout process. Except for sales tax, which is collected by Enphase, prices for products exclude all other taxes, duties, levies or fees, or other similar charges imposed on you by any taxing authority related to your order. You are responsible for payment of such taxes, duties, levies, fees or other similar charges resulting from your order (other than taxes imposed on Enphase's income and we are not responsible for collecting, reporting, paying, remitting to you any such taxes, fees, or charges.
Notify Enphase promptly should you believe your order has a pricing error. Enphase reserves the right to change prices at any time.
Enphase ships merchandise to street addresses within the 50 United States and the District of Columbia.
At Enphase, we know that fast, reliable shipment of your order is important to you. All standard delivery orders are shipped out within three (3) business days from the date on which the order is placed and confirmed. Express delivery orders are shipped according to those terms which will be stated on the Enphase Store, should you opt for an express delivery at the time of making the order.
Your order shipment will be delivered via FedEx or any other carrier we may engage.
For orders placed on weekends or holidays or after cut-off times, the aforementioned three (3) business day period begins on the next business day. Shipment of oversized products may take additional time. Items on backorder or pre-order will ship out on or about the estimated shipping date communicated to you at the time you place your order.
Any electronic software items will be delivered via email or made available for download.
You will receive email confirmation(s) as your order ships. We do not allow address changes after we send such email confirmation of your order shipment.
For your protection, a signature is required for most deliveries. You may not export any products purchased on the Enphase Store.
- Not all delivery options are available in all areas.
- Not all products are available in all areas.
- Please add one (1) business day for orders delivered to Alaska or Hawaii.
- In residential or outlying areas, orders may be delivered as late as 8 p.m.
- We may not ship or deliver on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, or Christmas Day or any other blackout day on which our designated carrier does not operate.
- A signature is required for most deliveries.
Shipping and handling rates:
Shipping rates are based on cart weight and ship-to location.
To calculate your shipping rate:
- Select desired product(s) and add to cart
- Proceed to cart
- Update “Ship-to Zip Code”
- Shipping rate will be listed in cart total
7. Tracking your order
As your order ships, we will send you an email providing the shipment tracking number(s). To see the detailed progress of your shipment, click on the tracking number link provided in your email. Please note that tracking detail may not be active immediately with FedEx or any other carrier we engage; in that case, check back in several hours or the following day.
For your protection, a signature is required for most deliveries. We do not allow address changes after an order has been accepted. You may not export any products purchased at Enphase.
8. Return Policy
Unless a product is identified as being “non-returnable,” you may request a return for any products ordered through Enphase Store within thirty (30) days of receipt of your order, subject to all of the following:
- Returns are accepted on unused products in original packaging only.
- To request a return of a product, you must submit such request to firstname.lastname@example.org, within thirty (30) days from the date of receipt of such product. Once such request is received by Enphase, we will provide detailed instructions on how to return your product.
- Except with respect to defective merchandise or as otherwise set forth in the applicable Enphase limited warranty, you are responsible for the costs related to the return of your product (i.e., shipping and handling costs).
- If you believe you have received a defective product and such product is covered under a U.S. or Canadian Enphase Limited warranty available at https://enphase.com/en-us/warranty , you must call our helpline (877) 797-4743 and request a return materials authorization (RMA) before returning the product.
- We will only issue refunds for products that are returned in accordance with any instructions provided by our customer service team. This may include the use of a specific return shipping label, packaging instructions, and/or marking your packaging with a specific RMA number. Failure to follow instructions may lead to a delay or inability for us to process your refund.
Please allow 7-10 business days for your return to be processed by us. Once we process your return, we will issue your refund. Timing of refunds can vary based on your issuing bank.
9. Non-returnable Products
If you purchase a non-returnable product and believe it is defective, as long as that product is covered under an Enphase Limited warranty for U.S. or Canada (see https://enphase.com/en-us/warranty), you may call our helpline (877) 797-4743 and request a return materials authorization (RMA) before returning the product for repair or replacement, as further described in the applicable limited warranty documentation.
10. Embedded Software
Firmware and software embedded in the products sold on the Enphase Store, and any modified, updated, or enhanced versions of such firmware or software provided by Enphase (“Embedded Software”) is provided under license and is not sold, notwithstanding the use of the words “sale” or “sell” in these Terms of Sale. Subject to these Terms of Sale, Enphase grants to you non-exclusive and non-transferable license, to sublicense on a non-exclusive and non-transferable basis, the rights to: (a) execute and use the Embedded Software solely on the applicable product in accordance with the applicable Enphase documentation for the purpose of installing and configuring the product on a photovoltaic (PV) system; and (b) sublicense to the owner of such PV system the right to execute and use the Embedded Software solely for the PV system owner’s own internal purposes on the applicable product in accordance with the applicable Enphase documentation,. You will not, and will use all reasonable endeavors to ensure that no third party will, reverse engineer, decompile, disassemble the products You purchase from the Enphase Store, or otherwise attempt to derive the source code for the Embedded Software.
11. Limitation of Liability
Notwithstanding anything contained in the General ToS, you agree that, to the full extent permitted by applicable law, Enphase has no liability for indirect, incidental, exemplary, punitive or consequential damages with respect to these Terms of Sale, regardless of whether we have been advised of the possibility of such damages. We shall not be liable for any damages resulting from your access to or use of, or inability to access or use, the Enphase Store, or from your reliance on the Enphase Store. In no event shall our aggregate cumulative liability under these Terms of Sale, for any products purchased by you, exceed the amount paid by you for such products. In case of a delay in shipment, we will not be liable for any amounts in excess of the shipping charges paid by you for such shipment. The foregoing disclaimers, waivers and limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. This foregoing statement will not be deemed to limit any rights you may have under a warranty that accompanies any product you purchase through the Enphase Store. 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.
12. Global Trade Restriction Notice
You understand and acknowledge that Enphase is subject to US and other national export and import regulations and certifies that it is not a citizen, party of a country which is subject to certain trade control embargoes, sanctions, prohibition and restriction, to include all countries identified in country groups D:1, E:1 and E:2, as identified in Supplement No. 1 to Part 740 of the U.S. Export Administration Regulations, (see https://www.bis.doc.gov/index.php/documents/regulation-docs/2255-supplement-no-1-to-part-740-country-groups-1/file), without having first obtained required government authorization. Enphase may suspend performance if you are in violation of any applicable laws or regulations.
These Terms of Sale constitute the entire agreement between Enphase and You, and supersedes all previous communications, course of dealing representations and agreements, whether oral or written, between Enphase and You with respect to the subject matter hereof. The failure by Enphase to enforce at any time any of the provisions in these Terms of Sale will in no way be construed as a waiver of such provisions. If any provision of these Terms of Sale is unenforceable as written, the remainder of these Terms of Sale will remain in effect and the unenforceable provision will be limited or eliminated to the minimum extent necessary so that these Terms of Sale will otherwise remain in full force and effect and enforceable. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not be applied in connection with the construction or interpretation of these Terms of Sale. The term “including” means “including without limitation”. The provisions and covenants set forth in these Terms of Sale are expressly entered into only by and between the parties and are only for their benefit. Neither party intends to create or establish any third-party beneficiary status or right (or the equivalent thereof) in any third party and, to the maximum extent permitted by applicable law, no such third party shall have any right to enforce or enjoy any benefit created or established by the provisions and covenants in these Terms of Sale. Any delay in the performance of any duties or obligations of either party (except the payment of money owed) will not be considered a breach of these Terms of Sale if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, or any other event beyond the control of such party, provided that such party uses reasonable endeavors, under the circumstances, to notify the other party of the circumstances causing the delay and to resume performance as soon as possible.