TERMS AND CONDITIONS

These Terms and Conditions (the “Terms and Conditions”) govern the use of the website powerflowpr.com (the “Site”). This Site is owned and operated by Tropichart Contractors Group LLC. This Site serves as a networking platform.

By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to always abide by them. These Terms and Conditions are governed by the laws of the Commonwealth of Puerto Rico. By using this Site, you agree that any legal disputes will be resolved exclusively in the courts of Puerto Rico.

1. Intellectual Property

All content published and made available on our Site is the property of Tropichart Contractors Group LLC and the Site’s creators. This includes, but is not limited to, images, text, logos, documents, downloadable files, and anything that contributes to the composition of our Site. Users are granted a limited license to access and use the content solely for personal, non-commercial purposes. Unauthorized reproduction, distribution, or modification of any content is strictly prohibited unless expressly authorized by Tropichart Contractors Group LLC.

Any unauthorized use of the Site’s content, particularly in relation to distribution activities, must comply with the provisions of Law No. 96 of June 5, 1973, which regulates multilevel distribution companies in Puerto Rico.

2. Age Restrictions

The minimum age to use our Site is 18 years old. By accessing and using this Site, you confirm that you are at least 18 years old. We do not assume legal responsibility for any false statements regarding age.

Users who participate in any commercial activities or programs related to Power Flow must be at least 18 years old, as required by applicable laws in Puerto Rico. However, certain transactions or agreements may require additional legal capacity, in accordance with the legal age of majority in Puerto Rico.

3. Accounts

When you create an account on our Site to become a member of the Power Flow Layaway & Sales Program, you agree to the following:

You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account.
All personal information you provide to us through your account is up to date, accurate, and truthful, and you agree to update your personal information if it changes.

We reserve the right to suspend or terminate your account if you use our Site illegally or violate these Terms and Conditions.

Any fraudulent or improper use of accounts will be subject to the applicable laws of the Commonwealth of Puerto Rico. Any violation of this nature may result in account suspension and appropriate legal action.

4. Sales of Goods

The products on our Site are offered through a layaway system, where you can reserve a product by making a deposit, which will be deducted from the total price of the product. You have up to six (6) months to pay the full amount for products that cost less than $6,000.00 and up to nine (9) months for product over $6,000.00. The product will only be shipped once full payment is completed within this period. These Terms and Conditions apply to all goods displayed on our Site at the time you access it, including those listed as out of stock. While we strive to ensure that all information, descriptions, or images of our goods are accurate, we do not guarantee the accuracy or completeness of this information. You agree to purchase goods at your own risk.

Products purchased through the PowerFlow Sales and Layaway Program are non-refundable under these Terms and Conditions. The initial deposit is non-refundable under any circumstances. Power Flow reserves the right to modify, reject, or cancel your order when deemed necessary, with proper notification provided. If the selected product is unavailable, we will send a replacement product of the same or higher quality, ensuring that you receive a product that meets or exceeds the original specifications.

In compliance with Law No. 96 of June 5, 1973, PowerFlow's compensation system is based solely on the sales of products made by sales representatives and not on the recruitment of new participants.

5. Compensation System:

PowerFlow sales representatives earn commissions directly from the sales they make and from the sales made by the sales representatives they supervise within PowerFlow's hierarchical structure.

The organizational structure consists of the following levels:

Sales Representative: Earns commissions for each direct sale they make.
Sales Representative Coordinator: Earns commissions both from their direct sales and from the sales made by the sales representatives under their supervision.
Sales Representative Unit Supervisor: Earns commissions based on the sales made by the coordinators under their supervision, as well as on their team’s sales.
Sales Representative Unit Manager: Earns commissions based on the sales of the supervisors and their entire sales team.
Business Unit Leader: Oversees the overall performance of the entire business unit and earns commissions based on the total sales performance of their team.

Layaway and Sales Conditions:

Sales representatives are not required to hold or purchase inventory as a condition to advance within PowerFlow’s structure. Compensation is generated solely when product sales are made and completed through our system.

6. Refund and replacement conditions:

Non-refundable initial deposit: The initial deposit is non-refundable under any circumstances. However, this condition will be clearly disclosed to consumers prior to the transaction, ensuring that they are fully informed before making any payments.
Right to modify, reject, or cancel orders: We reserve the right to modify, reject, or cancel your order, when necessary, provided that the reasons for such actions are justified and communicated to the consumer in a timely manner. Any such decisions will be based on valid operational or logistical reasons, not arbitrary grounds.
Product substitute: If the product is unavailable, we will provide you with one of the same or higher quality, ensuring the substituted product matches or exceeds the original in value.

7. Third-Party Goods and Services

Our Site may offer goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services provided by third parties on our Site.

While PowerFlow does not offer any warranties or guarantees for third-party goods or services, any third-party provider offering goods or services through our Site must comply with all applicable laws and regulations of the Commonwealth of Puerto Rico, including consumer protection standards set by DACO. PowerFlow will not be held responsible for the quality, accuracy, or fulfillment of third-party goods or services. Consumers are encouraged to verify the terms and conditions offered by third-party providers before engaging in any transactions.

8. Sales Structure and Advancement

The Power Flow Sales Program operates through a layaway system on our website, where participants can reserve products by making a deposit. This deposit is deducted from the total cost of the product, and participants have up to nine (9) months to complete the payment before receiving the product, for products that are over $6,000.00, products under $6,000.00 the full payment deducted from your sales structure will be deducted to comply with the full payment of your product.

The program is structured around a sales-based hierarchy, where participants progress through different levels based on their performance, including their personal sales and the sales of their teams. All participants must meet sales targets to remain active in the program, and the specific quotas will be determined according to the needs of the business. The levels within this structure are as follows:

A. Sales Representative:

Role: Sales Representatives are in the entry-level position. They earn commissions based on their own product sales.
Requirement: To remain active in the program, Sales Representatives must meet ongoing sales targets.
Advancement: Upon completing a minimum of 15 or more sales and recruiting 15 or more new Sales Representatives, they are promoted to Sales Representative Coordinator.

B. Sales Representative Coordinator:

Role: Coordinators supervise a team of 15 or more Sales Representatives and earn commissions from both their own sales and the sales made by their team.
Requirement: Coordinators must continue to meet sales performance goals for themselves and their team to maintain their position.
Advancement: Once the Coordinators' team members complete 15 sales and recruit 15 new Sales Representatives, they are promoted to Sales Representative Unit Supervisor.

C. Sales Representative Unit Supervisor:

Role: Supervisors overseen 15 or more Sales Representative Coordinators. They earn commissions based on the sales performance of the coordinators and the overall performance of their unit.
Requirement: Supervisors must ensure that both they and their teams meet the established sales quotas to remain in their position.
Advancement: Supervisors are promoted to Sales Representative Unit Manager when their Coordinators' teams successfully meet their own sales goals and grow their respective teams.

D. Sales Representative Unit Manager:

Role: Unit Managers supervise 15 or more Sales Representative Unit Supervisors and are responsible for the overall performance of the entire sales unit. They earn commissions based on the sales generated by the Supervisors and their teams.
Requirement: Unit Managers must ensure that their entire unit consistently meets collective sales targets.
Reporting: Unit Managers report directly to the Business Unit Leader and play a strategic role in driving sales across the unit.

E. Business Unit Leader:

Role: The Business Unit Leader oversees the performance of all Sales Representative Unit Managers within their business unit. They are responsible for setting strategic sales goals and ensuring that the entire business unit meets its sales objectives. Commissions are earned based on the performance of the entire structure beneath them.

9. Payments

We accept the following payment methods on our Site:

Credit Cards: Visa, MasterCard
PayPal

By providing us with your payment information, you authorize us to use and access the payment instrument you have chosen. We ensure that all transactions comply with the applicable consumer protection and electronic transaction regulations in Puerto Rico. We reserve the right to cancel or reverse your transaction if we believe your payment has violated any law, these Terms and Conditions, or the policies of the payment service provider.

We do not accept personal checks, money orders, or any other payment methods not mentioned above.

We take the security of your payment information seriously and ensure that all data is processed and stored securely in compliance with local and international regulations regarding data protection and secure transactions.

10. Shipping and Delivery

When you purchase goods from our Site, they will be delivered through one of the following methods: Air freight with FedEx for all 48 contiguous states and ground shipping in Puerto Rico by the Power Flow delivery system for items weighing 150 lbs or less, after full payment is made in the 48 contiguous states, Puerto Rico, and the U.S. Virgin Islands.

Delivery will take place as soon as reasonably possible, depending on the delivery method available for the destination, weather conditions and methods available for the product. Delivery times are from 45 business days and above, may vary due to unforeseen circumstances, including delays caused by force majeure events, and do not include weekends or statutory holidays.

You are required to pay delivery charges in addition to the price of the goods you purchase if the delivery is for outside Puerto Rico. Delivery within Puerto Rico is free of charge. The shipping and handling cost for deliveries to the contiguous states of the United States has different costs depending on the weight and measures and delivery company requirements.

All buyers from Puerto Rico must also pay the IVU tax (11.5%) at the time the transaction order is completed using our system’s deferment payment process, which is available for up to six (6) months or until the complete purchase is fully paid off.

You must provide a complete and accurate delivery physical address, including the name of the recipient, telephone and email. We are not liable for any delivery errors caused by inaccurate or incomplete information provided by the buyer. In cases where the goods are delivered to the wrong address or wrong person due to such errors, we are not responsible for any delays or costs associated with reshipping the item. If this happens for clients in Puerto Rico they have to pick up the product at our facilities located in Bayamon and Ponce, or by sending an email to gr.marketing@powerflowpr.com.

If you have any concerns regarding the status of your delivery, please contact us immediately. Our policies on returns or refunds for shipped goods are governed by applicable consumer protection laws in Puerto Rico, including those enforced by DACO. Please review our return and refund policy, if applicable, or contact us for further details.

11. Consumer Protection Law

Where consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. In Puerto Rico, this includes all protections provided under the laws enforced by the Consumers Affairs Department (DACO). These Terms and Conditions will be interpreted as subject to the mandatory provisions of such legislation. If there is a conflict between these Terms and Conditions and the legislation, the mandatory provisions of the legislation will apply.

12. Limitation of Liability

Tropichart Contractors Group LLC and its directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities, and expenses, including legal fees, arising out of your use of the Site, except in cases of gross negligence, willful misconduct, or violations of law. This limitation of liability is subject to the laws and mandatory consumer protection provisions applicable in Puerto Rico, including those enforced by DACO. Where local law does not allow the exclusion or limitation of liability for damages, the provisions of such laws will apply.

13. Indemnity

Except where prohibited by law, by using this Site, you indemnify and hold harmless Tropichart Contractors Group LLC and its directors, officers’ damages, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities, and expenses, including legal fees, arising out of your use of our Site or your violation of these Terms and Conditions. This indemnification is subject to the laws of Puerto Rico and the mandatory consumer protection provisions enforced by DACO. Where local law does not allow certain indemnities, those provisions of the law will apply.

14. Applicable Law

These Terms and Conditions are governed by and interpreted in accordance with the laws of the Commonwealth of Puerto Rico, including all applicable consumer protection laws and regulations enforced by the Consumers Affairs Department (DACO). Any disputes arising out of or related to these Terms and Conditions shall be resolved through binding arbitration, in accordance with the arbitration rules of the Commonwealth of Puerto Rico. Arbitration shall be the exclusive remedy for any disputes, and the decision of the arbitrator(s) shall be final and binding on both parties. Either party may seek injunctive relief in a court of competent jurisdiction in Puerto Rico to prevent irreparable harm pending arbitration.

15. Additional Terms

To become a member of the Power Flow Sales Program, everyone interested must make a non-refundable deposit when selecting their product on our site. This deposit will be deducted from the total cost of the selected product and serves as your initial registration, including the provision of your personal information. The initial deposit also covers the management of your participation in the Power Flow Sales Program.

As a participant in the Power Flow Sales Program, you will be required to provide certain personal information, including your full Social Security number and bank account details (such as account number and routing number). This information will be handled in compliance with all applicable federal and Puerto Rican data privacy laws, including the Gramm-Leach-Bliley Act (GLBA), and will be used exclusively for financial matters and for compliance with tax legislation. Your Social Security number allows us to accurately report your earnings, ensuring that your participation in the program is fully compliant with all applicable tax regulations.

Please be assured that any personal information you provide, including your Social Security number and bank account details, will be used exclusively for financial purposes and compliance with tax laws. We are committed to maintaining the confidentiality and security of your information, and all personal data will be handled in accordance with the highest standards of data protection. Your information will not be shared or used for any other purposes outside of these legal requirements.

Additionally, participants have up to six (6) months to complete the full payment for the chosen product. The system allows for up to six (6) months with three (3) installment payment opportunities to pay off the total balance. Participants must meet sales quotas within this period to remain active in the program.

No shipments will be made until the full payment is completed within the six-month period. These payment terms and conditions comply with the consumer protection regulations enforced by the Consumers Affairs Department (DACO) in Puerto Rico.

16. Severability

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, including the laws of the Commonwealth of Puerto Rico, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal, and the rest of these Terms and Conditions will still be considered valid and enforceable under the applicable laws of Puerto Rico.

17. Awards

When a member of the Power Flow Sales Program achieves the following sales milestones calculated by combining both their personal sales and the sales made by their subordinate team members the system will automatically generate a prize winner notification:

20,000 to 29,999 sales: The award will be Jeep Compass’ recent model or cash for the amount of $38,000.00.
30,000 to 39,999 sales: The award will be Jeep Wrangler recent model or cash amount for the total value of $58,000.00.
40,000 sales and above: The award will be Jeep Grand Cherokee Altitude recent model or cash amount for the total value of $70,000.00.
All this vehicles will be provided by: Benitez Chrysler Auto.

These awards recognize both individual achievement and the ability to lead a successful sales team within the program.

Upon receiving the prize notification, members must forward the notification, along with their personal information, to the Power Flow Sales Program Marketing Department at gr.marketing@powerflowpr.com. This information is necessary to verify eligibility and ensure proper coordination for the award presentation.

Award Conditions:

In compliance with DACO's Rule 27 on Gifts and Awards, the following conditions apply:

No price increase: The price of the products or services associated with this award will not be increased due to the offer of the award.
Clear disclosure: PowerFlow will clearly and adequately identify and disclose all the terms, conditions, and limitations imposed on the award, including its value.
Award delivery: The award will be delivered to the recipient as soon as the announced conditions are met, following verification of eligibility.
Eligibility and rules: All prize winners who meet the conditions will receive the award. If chance or luck is involved in the awarding process, the rules under Chapter VIII of the DACO regulations will apply.

The award will be presented during a special event hosted by PowerFlow, where we celebrate the achievements of our top performing members. This event not only provides an opportunity for recognition but also serves as a platform for networking and engaging with other successful participants in the program. Details about the event, including the date, time, and location, will be provided to the prize winners upon confirmation of their eligibility.

We are committed to maintaining the privacy and security of your personal information, which will be used solely for the purposes of verifying your eligibility and facilitating the award process, in compliance with DACO regulations. Your information will not be shared for any other purpose outside of legal requirements for the prize process.

18. Product Warranties

All products purchased through the Power Flow Sales Program are covered by a limited warranty that applies exclusively to manufacturer defects, as per the regulations of the Consumers Affairs Department (DACO) in Puerto Rico. This warranty does not cover damages resulting from misuse, improper installation, neglect, unauthorized modifications, or any other actions that fall outside the scope of manufacturer defects. Specific details of the warranty, including the duration and the parts covered, will be provided at the time of purchase.

Warranty Claims and Shipping Responsibility

In the event of a warranty claim, the customer is responsible for covering the shipping costs for both sending and returning the item, unless otherwise specified by DACO regulations. The item must be shipped using a service capable of handling heavier items, such as FedEx, and must include insurance covering the full value of the product. Power Flow will not be responsible for any shipping-related damage or losses if the customer fails to insure the product adequately. However, Power Flow will cover all costs associated with repairs or shipping if the claim is deemed valid under DACO guidelines.

Warranty Process

Warranty claims must be initiated within the warranty period specified for the product. Power Flow reserves the right to inspect and verify the legitimacy of the claim before any action is taken. If, upon inspection, the defect is found not to be covered by the warranty, the customer will be responsible for all costs associated with the inspection, return shipping, and any repairs made. If the defect is covered, Power Flow will bear the costs of repair, replacement, and return shipping, as required by DACO regulations.

Refunds, Repairs, and Replacements

If a customer requests a refund instead of a replacement under the warranty, the refund will cover the base cost of the product, excluding sales tax (IVU), shipping expenses, or other fees, as allowed by DACO regulations. Power Flow will comply fully with DACO’s consumer protection laws, ensuring the customer’s right to a replacement, repair, or refund. If a customer requests a refund under the warranty, any commissions they earned from the sale of that product will be deducted from the refund amount. Additionally, any deposits the customer made to reserve the product will not be refunded, in accordance with applicable regulations.

Fraud Prevention and Restrictions

To prevent fraudulent or abusive warranty claims, Power Flow reserves the right to deny warranty coverage in cases where there is evidence of repeated claims that appear to be abusive, opportunistic, or made in bad faith. Power Flow may limit the warranty service to the original purchaser of the product and require proof of purchase and identification before processing any warranty claims.

By accepting these terms, the customer agrees to comply with DACO regulations and acknowledges their right to file a claim with DACO in case of any dispute regarding this warranty.

DESCRIPTION	SKU	Warranty
30L PORTABLE FRIDGE	FR1601	180 DIAS
40L PORTABLE FRIDGE	FR1602	180 DIAS
50L PORTABLE FRIDGE	FR1603	180 DIAS
2500W PORTABLE BATTERY	PB1701	12 YEARS
3600W PORTABLE BATTERY	PB1702	12 YEARS
5000W PORTABLE BATTERY	PB1703	12 YEARS
SOLAR FREEZERS 12.36PC		1 YEAR
KAJAK PEDALES		180 DAYS
SCOOTER		180 DAYS
ELECTRIC BICYCLE’S		1 YEAR
7KW ELECTRIC CAR CHARGER		180 DAYS
30KW ELECTRIC CAR CHARGER		180 DAYS
20KW ELECTRIC CAR CHARGER		180 DAYS
2000W BALCONY FULL SYSTEM PANELS	BP2201	5 YEARS
With Brackets
KAJAK ELECTRICO	KE2301	180 DAYS
WATER SCOOTER	WS2401	90 DAYS
WATCHES		1 YEAR

19. Changes

These Terms and Conditions may be amended from time to time to maintain compliance with the law and to reflect any changes to the way we operate our Site and the Power Flow Sales Program, as well as any updates to how we expect users to interact with our Site. Any changes that may affect the rights or obligations of users will be communicated in advance, in compliance with DACO regulations.

We make changes to these Terms and Conditions at any time without any previous notice, is very important that all sales representatives review periodically these Terms and Conditions to acknowledge any changes. Our Site will place the changes at least 30 days prior to the changes taking effect, giving users an opportunity to review and accept the modified terms.

If users continue to use the Site after the effective date of the revised Terms and Conditions, this will indicate their acceptance of the changes. However, if a user does not agree to the revised terms, they have the right to discontinue the use of the Site and any related services, including participation in the Power Flow Sales Program.

20. Contact Details

Please contact us if you have any questions or concerns. Our contact details are as follows:

Email: gr.marketing@powerflowpr.com