(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.

4.1

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:
 

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.

5.1

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.

6.1

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

6.4

An explanation of how to exercise the statutory right described above is provided in the web invoice accompanying the Dispatch Confirmation.

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.

9.1

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.

10.1

When you return a Product to us:

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.

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 :

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:

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.

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.

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.

18.1

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:

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.

19.1

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.

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.

22.1

We have the right to revise and amend these terms and conditions from time to time.

22.3

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).