This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.somfy.co.uk/shop (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site.
You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.

Before placing a binding order and paying for it, you will be required to click on the button marked "I have read and I accept the terms and conditions of supply”. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.

You should print a copy of these terms and conditions for future reference.
  1. INFORMATION ABOUT US
      www.somfy.co.uk/shop is a site operated by Somfy Limited (we). We are registered in England and Wales under company number 2429938 and with our registered office at Moorfield Road, Yeadon, West Yorkshire LS19 7BN, UK. Our main trading address is Moorfield Road, Yeadon, West Yorkshire LS19 7BN, UK . Our VAT number is GB556 869 873.
  2. SERVICE AVAILABILITY AND LANGUAGE
      Our site is only intended for use by people resident in the United Kingdom and the Republic of Ireland (“the Serviced Countries”). We do not accept orders placed by individuals located outside those countries.

This site is in English only. Every communication with you will be in English only.
  3. YOUR STATUS
      By placing an order through our site, you warrant that:
    (a) You are legally capable of entering into binding contracts; and
    (b) You are at least 18 years old; and
    (c) You are resident in one of the Serviced Countries; and
    (d) You are accessing our site from that country; and
    (e) You are ordering our products as a consumer for your own private use.
  4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
    4.1 The main 4 steps to place your order are described below. Please note that every choice you make can be changed until you click on “complete payment” in step 4:
    1/ Your basket
      In our site, whenever you see a product we sell online, you will find a link to your basket through an “add to basket” button. If a product is temporarily unavailable within 30 days from your order, you will however not be able to add it to your basket but will be informed that it is unavailable.

In your account, you can order products up to a full global amount of £ 5,000 (five thousand pounds). The site indicates, per product, the capped quantity you can order next to the button “add to basket”. At any time until you confirm your order and we process payment, you can go back to your basket and modify it.
    2/ Identify yourself
      To access your [account], you will need to identify yourself.

If you have already registered yourself on our site, you simply have to indicate your email address and password
.
If you are not yet registered, please register by following the various steps indicated on the site under button “create your account”. Please note that we will indicate when information requested is necessary so that we can process your order.

We will also ask you to choose how we can use your personal data.

Then validate your identification data and your choice.

Our use of your personal data is governed by our “privacy policy” which can be found on our website.
    3/ Delivery
      Depending on the products you order, delivery charges will vary.

You will have to indicate where you want the products to be delivered.

Be aware that delivery address is not necessarily the same as invoicing address, and whenever you have already ordered a product online in our site, the previous delivery address will appear. You can change the delivery address at this point if necessary.

Please note that only one delivery address will be accepted per order. We will send your products in one delivery, and so the estimated delivery time will be based on the product which will take the longest to become available.
    4/ Payment and description of your order
      Payment details :
     
Information on your order will appear, indicating which products you have ordered, the price of the products (VAT included), delivery charges, special refunds if any, full net price, invoice and delivery addresses.

In most cases, an estimated delivery date will also appear. Please note that this is an estimate only and is not binding on us, even if we accept your order, for example by logging out..

At this stage, as at previous stages, you can go back, step by step, and modify any information you provided. You can also simply cancel your order.

If and when you want to place a firm order, then you will have to confirm acceptance of these terms and conditions of supply and to click on the button “proceed to payment” to confirm your order. Such confirmation implies full acceptance of our terms and conditions of supply.

Then you will have to indicate which credit or debit card you want to use for the transaction. Please note that the only currency accepted is the UK £.
Indicate the number of this card (the cards we accept are indicated in 9.6 of the terms and conditions of supply) , validate your data and click on “complete payment”. Such click will process your payment details and take payment.

Once you have confirmed your order and its payment, you will have access to it for 18 months in “your account”, unless you cancel it later on. You can print your order by using the print button of your internet browser.
    4.2 After placing an order, you will receive an e-mail from us acknowledging that we have received your order (the Order Acknowledgment of Receipt). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will indicate such acceptance to you by sending you an e-mail that indicate acceptance.(the Order Acceptance) The contract between us (Contract) will only be formed when we send you the Order Acceptance. We will also send you an email to confirm that the Product has been dispatched (the Dispatch Confirmation) together with the invoice for that order.
    4.3 The Contract will relate only to those Products for which we have accepted an order via an Order Acceptance, and under the terms detailed in the Order Acceptance.
  5. INFORMATION ON SECURITY MEANS USED IN RELATION TO YOUR PAYMENT ON LINE
    5.1 Security - The Somfy website uses the WorldPay payment system which uses a combination of both established and innovative techniques to ensure the security and integrity of all sensitive data. Furthermore, the WorldPay public web servers are certified by Thawte, a public Certificate Authority, ensuring that both the shopper and retailer can have confidence that nobody can impersonate WorldPay to obtain confidential information.

 

 5.2 Transaction Encryption - The transfer of purchase details from the Somfy website to Worldpay are encapsulated using encrypted and digitally-signed protocol. This uses a combination of standard methods such as PGP, RSA and MD5 to ensure that the information passed is secure and tamper-proof via SSL.
5.3 Security for the consumer - Any communication between the consumer and WorldPay is also encrypted to the maximum strength supported by the consumer's browser using 128 Bit SSL. Consumers are also protected from fraudulent use of their card in a "card not present" environment, by their card issuers. The card issuers provide the right for consumer to dispute a transaction if the goods/services did not arrive or if the card was used fraudulently.
  6. CONSUMER RIGHTS
    6.1 If you are contracting as a consumer (please note that under clause 3 you have warranted that you are doing so), you may cancel a Contract at any time up to the seventh working day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 10)
    6.2 To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
    6.3 You will not have any right to cancel a Contract for the supply of any Customized Products:
      Customized Products include but are not limited to all Products cut to measure, and will be identified as such in the site.
    6.4 An explanation of how to exercise the statutory right described above is provided in the web invoice accompanying the Dispatch Confirmation.
  7. AVAILABILITY AND DELIVERY
      Your order will be fulfilled as indicated in the Order Acceptance and in any event within a maximum of 30 days of receipt of your order, unless there are exceptional circumstances or we agree otherwise between us.

Any delivery date indicated on the website, including in the Order Acceptance, are merely estimates and are not binding on us.
  8. RISK AND TITLE
    8.1 The Products will be at your risk from the time of delivery.
    8.2 Ownership of the Products will pass to you only once the Products have been delivered and we have received full payment of all sums due in respect of the Products, including delivery charges.
  9. PRICE AND PAYMENT
    9.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
    9.2 The prices indicated on the site include VAT but exclude delivery costs, possible refunds or any other applicable taxes, which will be added to or deducted from the total amount due as set out in the summary of your order indicated prior to payment processing.
    9.3 Prices are liable to change at any time, but changes will not affect orders we have expressly accepted in an Order Acceptance.
    9.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced.
    9.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
    9.6 Payment for all Products must be by credit or debit card. We accept payment with Visa or Master card. Your credit or debit card will be charged at the time that you complete your payment.
  10. OUR REFUNDS POLICY
    10.1 When you return a Product to us:
    (a) because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 6.1), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
    (b) for any other reason (for instance, because you claim that the Product is defective), we will examine the returned Product and will notify you of whether you are entitled to a refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product.
Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us, providing we are able to verify that the Product is indeed defective.
    10.2 We will usually refund any money received from you using the same credit or debit card reference number used by you to pay for your original purchase.
  11. OUR WARRANTY
    Duration
     

We guarantee the SOMFY Products you purchase on this site for 3 years from the date of order.
    Scope
      During the guarantee period, if your Product does not operate normally because of a defect in components or manufacturing, we will replace it with an equivalent or identical SOMFY Product.
The guarantee does not cover the cost of dismantling and refitting the Products, nor the replacement of consumables such as the transmitter batteries or bulbs.
This guarantee does not affect your statutory rights.
Please note that we do NOT provide installation services and you are fully responsible for arranging installation of the Products.
    Operation of guarantee
     

If your product does not function correctly, please re-consult the instructions sent with the Product, consult our website, or contact our after sales service at 01133913030 on line 5 days a week from 08.45 to 17.00 (normal telephone charges apply), which will help you to identify the cause of your problem and if possible solve it.

Should you consider that your Product bears a defect in components or manufacturing, please send it back to our after sales service at Moorfield Road, Yeadon, West Yorkshire LS19 7BN, UK . You are responsible for paying the cost of returning your product to us.

We will examine the Product. If we reasonably determine that the Product is defective in components or manufacturing, we will replace it with an identical or equivalent product and refund to you the costs of returning the Product to us.

If the Product cannot be covered by guarantee, we will inform you and consult with you as to your instructions for your Product. In any case, should you like the Product returned, it will be at your own cost, pre-paid. We retain the right, should no instructions and/or payment for return be received, to destroy the Product after 30 days.
    Exclusions
   



This guarantee will under no circumstances apply if malfunctions are due to any of the following :
      - If your product has been used for any other purpose than that for which we advised they are supplied.
- If installation, use or maintenance instructions have been disregarded and in particular :
     
  • Connection to an unsuitable power source,
  • Installation on or connection to an unsuitable product,
  • Connection to devices that do not comply with standards
     
- Opening of or modification to the product or its components.
- In the event of shock, fire, lightning, flood, gales or any event beyond our control
  12. PRODUCT LIABILITY
      We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which we advise that they are supplied, or in the absence of any such purposes having been advised, for all the purposes for which products of the type are commonly supplied.
    12.1 SOMFY declines all liability for the consequences of installation, use or maintenance of the product which does not comply with the product characteristics, SOMFY’s instructions, uses, or the standards in force : you shall determine the suitability of the Product for its intended use, with reference to usual standards, completed by information we provide to you. You are fully liable for the installation of our products.
    12.2 We are not responsible for losses which happen as a side effect of the main loss or damage (including but not limited to loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise.
    12.3 Nothing in this clause or elsewhere in these terms and conditions limits in any way our liability:
    (a) For death or personal injury caused by our negligence;
    (b) Under section 2(3) of the Consumer Protection Act 1987;
    (c) For fraud or fraudulent misrepresentation; or
    (d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
    12.4 Subject to the exclusions above, our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.
    12.5 Your statutory rights remain unaffected:
    12.6 We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller
  13. IMPORT DUTY
    13.1 If you order Products from our site for delivery to the Republic of Ireland, we are located in the UK, we charge for our products in UK currency and at the VAT rates applicable in the UK.
  14. PLEASE ALSO NOTE THAT YOU MUST COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS OF THE COUNTRY FOR WHICH THE PRODUCTS ARE DESTINED. WE WILL NOT BE LIABLE FOR ANY BREACH BY YOU OF ANY SUCH LAWS.
  15. WRITTEN COMMUNICATIONS
      Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights
  16. NOTICES
      All notices given by you to us must be given to Somfy Limited at Moorfield Road, Yeadon, West Yorkshire LS19 7BN, UK or at the following e mail address customersupport_uk@somfy.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 15 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
  17. TRANSFER OF RIGHTS AND OBLIGATIONS
    17.1 The contract between you and us is binding on you and us and on our respective successors and assigns, as from our acceptance of your order by sending the Order Acceptance e-mail.
    17.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
    17.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
  18. EVENTS OUTSIDE OUR CONTROL
    18.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
    18.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
    (a) Strikes, lock-outs or other industrial action.
    (b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
    (c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
    (d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
    (e) Impossibility of the use of public or private telecommunications networks.
    (f) The acts, decrees, legislation, regulations or restrictions of any government.
    18.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.  We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
  19. WAIVER
    19.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
    19.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
    19.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15.
  20. SEVERABILITY
      If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
  21. ENTIRE AGREEMENT
    21.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
    21.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
    21.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´ s only remedy shall be for breach of contract as provided in these terms and conditions.
  22. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
    22.1 We have the right to revise and amend these terms and conditions from time to time.
    22.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
  23. LAW AND JURISDICTION
      This site, any exchange arising there-from and any Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to the use of this site or such Contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales.