1. ABOUT US AND THESE TERMS
(i) What these terms cover. These are the terms and conditions on which we supply products to you (including those you order from our website: https://shop.somfy.co.uk/). These terms and conditions apply to the supply of both goods and services except where specified to apply to one or the other.
(ii) We only accept orders from over-18s. In order to place an order with us, and enter a contract for the supply products to you, you must be 18 years of age or older.
(iii) Why you should read these terms. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or if you have any questions about them, please contact us to discuss.
(iv) The latest version of these terms is available on our website. We may update our general terms from time to time (but the terms that apply to your order will be the version in force at the date you submit that order). The latest version of these terms will be available on our website at https://www.somfy.co.uk/terms-and-conditions.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
(i) Who we are. We are Somfy Ltd., a company registered in England and Wales (company no. 02429938; VAT no. 556869873). Our registered office is at Unit 7 Lancaster Way, Airport West, Yeadon, West Yorkshire, United Kingdom, LS19 7ZA.
(ii) How to contact us. You can contact us by telephoning our customer service team at 0113 3913030 or by writing to us by email at firstname.lastname@example.org or by post to our registered office (which is set out under clause 2(i) above).
(iii) How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
(iv) "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
(i) How we will accept your order. Our acceptance of any order made by you (whether or not we have previously provided a quotation) will take place when we email you to accept the order. At this point, a contract will come into existence between you and us.
(ii) These are the only terms that apply to your contract. All quotations are made and orders are accepted subject to these terms. No other terms and conditions apply to your contract with us. You should not rely on any statement, representation, warranty or assurance made or given by us (on our behalf) that is not set out in the contract (however, this does not limit our liability for fraudulent misrepresentation).
(iii) If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified. Somfy reserves the right to refuse your order for any reason, including where the quantities of products that you order are abnormally high compared to quantities usually ordered by buyers for their personal and domestic needs.
(iv) Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4. OUR PRODUCTS
(i) Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
(ii) Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
(iii) Accuracy of information. You are responsible for ensuring that your measurements (and any other information you provide to us) are accurate and in accordance with your requirements. If we are making the product to measurements or other specifications you have given us, you are responsible for ensuring that these measurements and/or specifications are correct. You can find information and tips on how to take measurements by contacting us.
(iv) Suitability of the premises and equipment. We are not responsible for ensuring that any premises or equipment to which you provide us access (including interfacing or support that is required for the operation of the products other than where we have agreed to supply this), are suitable for the products you have ordered. We disclaim any liability in this respect, to the fullest extent permitted by law.
(v) Quality of Goods. Somfy warrants that on delivery the Goods shall:
a. comply with the specification (where we have agreed one) in all material respects;
b. be free from material defects in design, material and workmanship; and
c. be fit for the purpose(s) that we hold out (but we will not be responsible for the suitability of the products for any other purposes – you are responsible for identifying your own particular requirements).
(vi) Quality of Services. Somfy warrants that the Services shall:
a. comply with the specification (where we have agreed one) in all material respects;
b. be performed using reasonable care and skill.
(vii) Packaging. We will ensure that the products are properly packed and secured in a manner to enable them to reach their destination in good condition.
(i) For orders completed via our website:
a. The price is shown on our website. Where you buy a product from our website, the price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct.. However please see sub-clause c for what happens if we discover an error in the price of the product you order.
b. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
c. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
(ii) Where we provide you with a quote:
a. For Goods. The cost of the goods will be as shown on our quote. Prices quoted do not include delivery costs unless we state otherwise.
b. For Services. The cost of any services will be calculated on a project-by-project basis, and we will provide you with a quote for these costs.
c. Prices may increase in line with RPI. The prices that we quote will be based on the costs of materials and labour at the date of the quotation. However, we may have to increase the price to reflect increases to the Retail Price Index. Where this is the case, we will let you know as soon as possible that the increase will take place and the amount of the cost increase.
(i) When you must pay.
a. Where you complete an order through our website, you will be asked to pay during the order process.
b. Where we provide you with an invoice. If you purchase products after we have provided a quote, we will send you an invoice . Where you have bought goods, we will send the invoice on the day we despatch the goods you have ordered (or a part of those goods). Where you have bought services, we will invoice you at regular intervals (we will let you know in writing how often this will be). You must pay our invoices within 30 days of the date of the invoice unless we have agreed otherwise in writing.
(i) How you may pay. We accept payment by debit or credit card (Mastercard or Visa) or PayPal.
(ii) If you pay late, we can charge interest. If you do not make any payment to us by the due date, we reserve the right to charge interest to you at 2% per month over Barclays Bank PLC base rate (applying at the time) on all overdue amounts. This interest will accrue on a daily basis from the date that payment becomes due until the date of actual payment of the overdue amount.
(iii) What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
(i) Delivery costs. The costs of delivery will be as displayed to you on our website and/or our quote.
(ii) Delivery note. Each delivery will be accompanied by a delivery note showing your order reference number, and information on type and quantity of the products you have ordered (and, if the order is being delivered in instalments, the outstanding balance of the products awaiting delivery).
(iii) When we will provide the products.
a. Where the products are goods, we will provide you with an estimated date of delivery during the order process, which will be within 7 days after the day on which we accept your order.
b. Where the products are services, we will begin the services on the date agreed with you during the order process. The estimated date of completion of the services will also be told to you during the order process.
(iv) We are not responsible for delays outside our control. If our supply of the products you have ordered is delayed by an event beyond our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may be entitled to end the contract (see clause 11 for more details).
(v) If you delay delivery. If you postpone delivery, fail to take delivery or fail to provide timely and adequate delivery instructions, then:
a. we will contact you for further instructions;
b. we may have to arrange storage of the goods and we may charge you for the reasonable costs of any storage, insurance of the goods during the storage period, and/or further delivery costs;
c. Somfy will have no liability for any losses or costs that you incur as a result of the delay; and
d. if 10 business days after the day on which we contact you for further instructions, you have not contacted us to re-arrange delivery, we may resell or otherwise dispose of part or all of the goods.
8. HOW WE WILL PROVIDE PRODUCTS
(i) We may carry out Tests. We will, in some instances, submit the products to our testing procedures (“Tests”) to ensure that the products are in working order and that they operate in accordance with the specification (where there is one). Where the outcome of the Tests is that the products are in good order and operate in accordance with the specification, we will issue a commissioning statement to you that confirms that "Practical Completion" has occurred.
(ii) It is important that you attend Tests. Where we carry out Tests, you may attend the Tests. We will contact you to arrange a mutually-convenient date and time at which the Tests will take place so that you can choose to attend the Tests. You can contact us if you need to reschedule the Tests. On completion of the Tests, we will issue a witness statement for you to sign. If you sign this witness statement, you will have accepted Practical Completion (i.e., that the products are in good order and operate in accordance with the specification) and we will make it clear on the witness statement that this is what you are agreeing to. However, if you do not attend the Tests at the date and time we have agreed, we will carry out the Tests in your absence and you will be deemed to have accepted Practical Completion.
(iii) Health and safety. You must inform us of any rules and requirements that are in place at the premises where we are due to perform services (such as health and safety or security procedures) within a reasonable period before the planned start date of the services. We will use all reasonable endeavours to comply with those rules and requirements. However:
a. where those rules and requirements will mean that we need to make a significant change to the products you have ordered, then we will follow the procedure under clause 10(iii);
b. where your failure to inform us of those rules and requirements within a reasonable period before the planned start date of the services means that we incur additional costs, we may require you to reimburse us for those costs.
(iv) If you do not allow us access to provide services. If you do not allow us access to your property (or another relevant property) to perform the services as arranged and you do not have a good reason for this, we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to the property we may end the contract and clause 12(ii) will apply.
(v) Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
a. deal with technical problems or make minor technical changes;
b. update the product to reflect changes in relevant laws and regulatory requirements;
c. make changes to the product as requested by you or notified by us to you (see clause 10).
We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for these reasons, we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it (or tell you we are going to suspend it) for a period of more than two months and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
(vi) We may also suspend the supply of products if you do not meet your obligations. If you do not meet your obligations under this contract (for instance, when you do not pay us for the products when you are supposed to), then we might suspend our supply of the products until you start meeting your obligations. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute an unpaid invoice (see clause 6(iv)). We will not charge you for the products during the period for which they are suspended.
(vii) When you own the goods. You will own a product which is goods when we have received payment in full (in cash or cleared funds) for the goods and all other sums that you are due to pay us.
(viii) When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us.
9. YOUR OBLIGATIONS
(i) Co-operation. You must co-operate with us in relation to our provision of the products – for example, you must provide us with uninterrupted access to any premises and other facilities as we reasonably require in order to provide the products.
(ii) Providing information. You must promptly provide us with the information and materials that we reasonably request in order to supply the products. You must ensure that the information you provide to us (such as a specification, drawings, designs, descriptions and other information) – whether you provide it in writing or verbally – is complete and accurate in all material respects and is in accordance with your requirements.
(iii) Premises and equipment. You must prepare your premises (or other relevant premises) and any relevant equipment (which could including hardware or software interfaces, amongst other things) for the supply of the products.
(iv) Permission of the premises owner. If we are providing services on a premises that you do not own, it is your responsibility to obtain the consent of the owner for us to access and attend the premises and provide the services.
(v) Keep our property safe. Where we leave materials, equipment, documents or other property at your premises (or at the premises where the products are provided or another storage area that you have directed us to use), you will be responsible for those items and must keep them safe and in good condition until they are returned to us. You must not dispose of or otherwise use those items unless we instruct or authorise you to do so in writing.
(vi) Timescales. If we have agreed a timescale or deadline for you to do certain things, you must meet those timescales.
10. YOUR AND OUR RIGHTS TO MAKE CHANGES
(i) Your rights to make changes. If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may be able to end the contract (see clause 11).
(ii) Our rights to make minor changes. We may make changes to our products (and/or the specification on which the products are based) where:
a. this necessary to reflect changes in relevant laws or regulations (e.g. safety requirements); or
b. to implement minor technical adjustments and improvements. These changes will not affect the nature or quality of the products in a significant way and will not affect your use of the product.
(iii) If we need to make more significant changes, we will let you know. If we need to make more significant changes to these terms or to our products, we will notify you of this. You may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
11. YOUR RIGHTS TO END THE CONTRACT
(i) Before we have confirmed your online order. You can cancel your order for any reason up until it has been accepted by us and you receive a confirmation email, by sending an email to email@example.com.
(ii) Where we are at fault. Where you are ending the contract for one of the reasons set out at sub-clause a to d below, the contract will end immediately and we will refund you in full for any products which have not been provided. You may also be entitled to compensation. The reasons are:
a. we have told you about an upcoming change to the products or these terms, which you do not agree to;
b. we have told you about an error in the price or description of the products you have ordered and you do not wish to proceed;
c. there is a risk that supply of the products may be significantly delayed because of events outside our control or because we have informed you that we are suspending the supply of products; or
d. you have a legal right to end the contract because of something we have done wrong (including where we have failed to provide services with reasonable care or skill).
(iii) Warranty for goods. We provide a warranty for goods you have ordered for the Periods listed in sub-clause (iv) below. In addition to any other rights you may have under these terms, we will offer to repair or replace those goods if they are defective within the relevant Period where those defects have arisen:
a. after the goods have solely been used properly and in accordance with any instructions that we have provided you with respect to their use;
b. solely as a result of faulty design (other than a design made, furnished or specified by you and/or detailed in the specification), materials or workmanship,
provided that you return the defective goods to us upon our request.
(iv) The "Periods" referred to in sub-clause (iii) above are as follows:
a. in the case of Somfy-branded Products (motors, accessories, control points, automation, control and connected solutions) for rolling shutters, swinging shutters (out of batteries), external/interior blinds (excluding batteries), pergola, curtains, security (alarm systems and cameras), garage doors and Invisio integrated gate motorisation, 5 years from the date of purchase;
b. in the case of Somfy Products for rolling shutters for the S&SO RS 100 and Oximo WireFree RTS solar solution (motor, panel and battery installed exclusively together), 7 years from the date of manufacture with the exception of the battery for Somfy WireFree motor for interior blinds and curtains, for which the Period is 2 years from the date of purchase;
c. in the case of Somfy-branded motors (excluding Invisio integrated motorisation for gate), control box , kits for gates and batteries for swinging shutter motors, 3 years from the date of purchase.
(v) Changing your mind within 14 days for online orders. If you change your mind, you may cancel products ordered online within the 'cooling off' period (which is 14 days following the date of your order of services or 14 days following the date you receive any goods), and receive a refund of the price paid (if any). However, these rights do not apply in respect of:
a. services that you have asked to be performed within the 14-day cooling off period. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind; and
b. any products which become mixed inseparably with other items after their delivery.
(vi) In all other cases (if we are not at fault and there is no right for you to change your mind), you will not have a right to a refund.
12. OUR RIGHTS TO END THE CONTRACT
(i) We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
a. you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
a. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products (for example, measurements that we require in order to supply the products);
b. you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
c. you do not, within a reasonable time, allow us access to your premises to supply the services you have ordered.
(ii) You must compensate us if you break the contract. If we end the contract in the situations set out in sub-clause (i) above then we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
(iii) We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 7 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
13. HOW TO END THE CONTRACT WITH US
(i) Tell us you want to end the contract. To end the contract with us, please let us know. You can use the cancellation form provided in the schedule to these terms, or by following the instructions given in your order confirmation email.
(ii) Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at Unit 7 Lancaster Way, Airport West, Yeadon, West Yorkshire, United Kingdom, LS19 7ZA or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 0113 3913030 or email us at firstname.lastname@example.org for a return label or to arrange collection. If you are exercising your right to change your mind, you must send off the goods within 14 days of telling us you wish to end the contract.
(iii) When we will pay the costs of return. We will pay the costs of return:
a. if the products are faulty or misdescribed; or
b. if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
(iv) What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
(v) How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price if you are exercising your right to change your mind as follows:
a. we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount;
b. the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 7 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option;
c. where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
(vi) When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
a. if the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 13(ii);
b. in all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU. IT IS IMPORTANT THAT YOU READ THIS CLAUSE IN FULL.
(i) There are certain liabilities which cannot be excluded by law and nothing in this contract limits our liability where it is unlawful to do so. This includes liability for death or personal injury caused by our negligence, our fraud, or for breach of your statutory rights.
(ii) We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
(iii) When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
(iv) We are not liable for business losses. We only supply the products to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15. HOW WE MAY USE YOUR PERSONAL INFORMATION
16. INTELLECTUAL PROPERTY
(i) Ownership of intellectual property rights. Any intellectual property rights (such as a patent, trade mark, copyright, registered design, amongst other things) that arises out of or in connection with the supply of products (other than intellectual property rights in any materials provided by you) shall be owned by us.
(ii) You have a right to use the products. We will grant you a right to use our intellectual property rights only to the extent that this is necessary for you to receive and use the products for the purposes for which they have been provided to you. You cannot transfer this right in any way to anyone else.
(iii) We can use your materials. You must grant us a right to use, copy and modify any materials that you provide to us for the purposes of providing products to you. Where you provide us with materials or a specification, and our use of the materials or specification causes a third party to claim that we have (actually or allegedly) infringed its intellectual property rights, then you will be responsible for paying the losses we incur as a result of or in connection with that third party's claim.
(iv) Unauthorised software. You must not use the products we supply in combination with software not supplied or approved in writing by us (on the specification or otherwise). If you do use products in combination with such software, and this causes a third party to claim that we have (actually or allegedly) infringed its intellectual property rights, then you will be responsible for paying the losses we incur as a result of or in connection with that third party's claim.
17. OTHER IMPORTANT TERMS
(i) We might ask other companies to assist us. We may transfer or sub-contract our rights and obligations under this contract (or any part of it) to third-party companies without your consent. This will not affect the quality of the goods or services - where this is the case, those third-party companies will provide the Products and/or Services to the same standard that we would.
(i) Even if we delay enforcing these terms, they can still be enforced later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking the contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
(ii) This contract is only between you and us. No other person shall have any right to enforce any of these terms.
(iii) If a court finds part of these terms illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
(iv) Complaints. If you wish to make a complaint about an order or anything else, you can contact us at email@example.com or using the contact form available on our website. Where there is a disagreement between you and us about these terms, or you raise a complaint about our services, we will attempt to resolve this by discussing it with you. We will tell you the outcome of our investigation into your complaint and give you the chance to discuss it with us. If we have done something wrong, we will apologise to you.
(v) These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
SCHEDULE - MODEL CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
To Somfy Ltd, Unit 7, Lancaster Way, Airport West, Yeadon, West Yorkshire, LS19 7ZA (firstname.lastname@example.org; 0113 3913030)
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate