Terms & conditions of supply
Terms & conditions of supply
In recent weeks, like many other companies around the world, we have been facing significant delays in the supply of raw materials and components, and even shortages. This unprecedented situation is impacting our entire industry and may lead to the extension of certain delivery times. With all our teams and partners, we are doing our utmost to satisfy requests as best we can and, as far as possible, to mitigate any inconvenience.
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.shop.somfy.co.uk (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 agree to Terms & Conditions”. 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.
- INFORMATION ABOUT US
www.shop.somfy.co.uk is a site operated by Somfy Limited B.V. (we). We are registered in the Netherlands under company number 28045903 and with our registered office at Unit 7 Lancaster Way, Airport West, Yeadon, West Yorkshire LS19 7ZA, UK. Our UK VAT number is GB 556 869873.
- SERVICE AVAILABILITY AND LANGUAGE
Our site is open for people ordering from EU countries, however shipping is only to addresses in the United Kingdom (“the Serviced Countries”). We can not accept orders by individuals located outside EU countries and we won’t deliver to addresses outside the United Kingdom. This site is in English only. All communication with you will be in English only
- 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 an EU country; 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 In these conditions:
4.1.1 “Contract” means the contract, comprising these conditions, for supply of Product;
4.1.2 “Customer” means any customer who is purchasing outside the course of his or her business or trade;
4.1.3 “Order” means the order through the relevant page on the Website by you for the Product accepted by us in our Order Confirmation;
4.1.4 “Order Confirmation” means our email to you confirming the Order;
4.1.5 “you” / “your” mean the Customer submitting an order for Product;
4.1.6 “Somfy” in the context of the Product means the Customer specified made to measure motorised blinds to be supplied by us as noted in the Order;
4.1.7 “Standard Product” in the context of the Product means the ‘off the shelf’, ready made Product to be supplied by us as noted in the Order;
4.1.8 “we”/”us”/”our” mean Somfy Limited B.V. trading as shop.somfy.co.uk, registered office, Diamantlaan 6, 2132 AD, Hoofddorp, Holland and registered for UK VAT number is GB 556 869873.;
4.1.9 “Website” means shop.somfy.co.uk.
- HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
5.1 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 “place order” during the checkout process:
5.1.1 Your shopping cart
In our site, whenever you see a product we sell online, you will find a link to your shopping cart through an “add to cart” button. If a product is temporarily unavailable within 30 days from your order, you will however not be able to add it to your shopping cart but will be informed that it is unavailable.
5.1.2 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 an account” on the ‘Customer login’ page. 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.
Unless otherwise expressly agreed in writing, any delivery or supply date or time specified by us in any Order or otherwise is a best estimate only and we will not be liable to you for any loss or damage sustained by you if we fail to meet that time scale because of circumstances beyond our reasonable control. Some UK postcode areas may be subject to a longer delivery time.
Depending on the products you order, delivery charges to the UK mainland will vary:
Orders with a value of £99.00 or above – Free
Orders with a value less than £99.00 – £6.00
We will deliver the Products to the place noted in the Order. To ensure we can deliver your Somfy to you, include as much of your delivery address as possible. E.g – include the flat number or company name if appropriate, and double-check your details to be on the safe side.
The 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. Products may be sent in separate deliveries and the estimated delivery time to complete the order will be based on the product which will take the longest to become available.
5.1.4 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.
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 “place order” to confirm your order. Such confirmation implies full acceptance of our terms and conditions of supply.
Then you will have to indicate which payment option you want to use for the transaction. Please note that the only currency accepted is the UK £.
Complete the payment process (the payment options we accept are indicated in 10.6 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.
After placing an order, you will receive an e-mail from us acknowledging that we’ve received your order and payment (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. We will send you an email to confirm that the Product has been dispatched (the Dispatch Confirmation) together with the invoice for that order.
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.
- INFORMATION ON SECURITY MEANS USED IN RELATION TO YOUR PAYMENT ON LINE
Security – The Somfy website uses the Adyen payment system which uses a combination of both established and innovative techniques to ensure the security and integrity of all sensitive data.
Transaction Encryption – The transfer of purchase details from the shop.somfy.co.uk website to Adyen 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.
Security for the consumer – Any communication between the consumer and Adyen 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.
- CONSUMER RIGHTS
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 fourteenth 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 11).
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.
You will not have any right to cancel a Contract for the supply of a ‘made to measure’ Product:
‘Made to measure’ Products include but are not limited to all Products fabricated to the Customers measurments, and will be identified as such in the site.
- 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.
- RISK AND TITLE
The Products will be at your risk from the time of delivery.
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.
- PRICE AND PAYMENT
The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
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.
Prices are liable to change at any time, but changes will not affect orders we have expressly accepted in an Order Acceptance.
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.
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.
Payment for all Products must be by credit card, debit card or paypal transaction. We accept Visa or Master card credit/debit card options. Your credit card, debit card or paypal account will be charged at the time that you complete your payment.
- OUR RETURNS & REFUNDS POLICY
11.1 Standard Product
If you have cancelled the Contract between us within the fourteen day cooling-off period (see clause 7.1) for a Standard Product, we will process the refund due to you as soon as possible and within 14 days of the day the Standard Product is returned to us. In this case, we will refund the price of the Standard 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.
We will be happy to provide you with a full refund provided that, where delivery has taken place, you have returned the Standard Product to us in the same condition that it was delivered. This right of return is in addition to any other rights, warranties or conditions available to you.
11.2 Made to meaure Product
As the ‘Made to measure’ Product, which you order is manufactured according to the measurements you provide, it is very important that your measurements are accurate. We cannot accept the return of the ‘Made to measure’ Product if the measurements provided to us are incorrect. You are advised to read the measurement information pages of our website for guidance on how to take the required measurements accurately.
11.3 Faulty Product (Standard or Made to measure)
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.
We will examine the returned Product and 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 within 14 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product.
11.4 Product Returns Procedure
Please contact our Customer Services department for guidance on our Product returns procedure. Please send all Product securely in the original packaging.
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.
- OUR WARRANTY
We guarantee the SOMFY Products you purchase on this site for 3 years from the date of order.
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 batteries.
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 refer the instructions sent with the Product, consult our website, or contact a member of our customer services team on 0800 014 6123 or 0345 031 7897 from a mobile to help you identify the cause of the problem.
Should you consider that your Product bears a defect in components or manufacturing, please contact a member of our customer services team at 0800 014 6123 or 0345 031 7897 from a mobile for instructions on our returns process.
If after examining the the Product is we determine that it is defective in components or manufacturing, we will replace it with an identical or equivalent product.
All Product returned will be at the cost of the customer. We retain the right, should no instructions and/or payment for return be received, to destroy the Product after 30 days.
The warranty will under no circumstances apply if faults 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.
- 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.
Somfy Limited declines all liability for the consequences of installation, use or maintenance of the product which does not comply with the product characteristics, instructions provided by us, 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.
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.
Nothing in this clause or elsewhere in these terms and conditions limits in any way our liability:
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.
Your statutory rights remain unaffected:
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.
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.
- 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.
All notices given by you to us must be given to Somfy Limited, Unit 7 Lancaster Way, Airport West, Yeadon, West Yorkshire LS19 7ZA, UK. or at the following e mail address firstname.lastname@example.org. 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 14 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.
- TRANSFER OF RIGHTS AND OBLIGATIONS
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.
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.
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.
- EVENTS OUTSIDE OUR CONTROL
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).
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,
(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.
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.
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.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
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 14.
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.
- OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
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.
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.
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.
- LAW AND JURISDICTION
We have the right to revise and amend these terms and conditions from time to time.
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).
- 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.
The EU Waste Batteries and Accumulators Directive requires all Member EU countries to maximise the separate collection, treatment and recycling of waste batteries and accumulators. The UK Battery Regulations (derived from this Directive) applies to 3 types of batteries and accumulators placed on the market in the UK: Portable, Industrial, and Automotive.
Under Regulation 5 of the Batteries and Accumulators (Placing on the Market) Regulations 2008, “Producers” are required to mark all relevant batteries and battery packs placed on the market in the UK with the “crossed out wheeled bin symbol” to remind consumers not to discard batteries and accumulators in the domestic waste stream. Somfy Ltd encourages all of its customers to make note of this symbol and avoid putting any batteries in your domestic waste bin(s) or container(s). Battery Producer Registration Number – WEE/BPRN07635.
The EU Waste Electrical and Electronic Equipment (WEEE) Directive requires all Member EU countries to maximise the separate collection, reuse and recycling of WEEE. The UK WEEE Regulations (derived from this Directive) applies to all Electrical and Electronic Equipment (EEE) placed on the market in the UK covered by the scope of these Regulations.
Under the UK WEEE Regulations, “Producers” are required to mark all relevant EEE with a “crossed-out wheelie bin” symbol to remind consumers not to discard WEEE in the domestic waste stream. Somfy Ltd encourages all of its customers to make note of this symbol and avoid putting any WEEE in your domestic waste bin(s) or container(s).
Somfy Ltd supports the reuse and recycling of WEEE as there are several environmental benefits of doing so, such as: Reduction of raw material and energy usage, prevention of landfill, prevention of hazardous and/or toxic materials present in some WEEE contaminating the environment. As a Producer under the UK WEEE Regulations, Somfy Ltd complies with its Producer Obligations by being registered as a Member of the WeeeCare Compliance Scheme and obtaining the WEEE Producer Registration Number – WEE/BX4017XB
Under the UK WEEE Regulations, “Distributors” are required to provide a “take-back” system which allows customers (end users) the opportunity to return (or “take-back”) their WEEE to a Distributor free of charge, when supplying new EEE on a like-for-like basis.
As a Distributor under the UK WEEE Regulations, Somfy Ltd allows for end users of the EEE placed on the market in the UK to return WEEE back to us free of charge on a like-for-like basis for new EEE purchased. Such WEEE can be returned to the following location: Unit 7, Lancaster Way, Airport West, Yeadon, West Yorkshire, LS19 7ZA.
If you would prefer us to collect your WEEE from your premises, please contact us as there will be a transport charge for such WEEE from your premises and delivery of such WEEE to an Approved Authorised Treatment Facility (AATF). The charge will only cover the cost of transportation and handling and will not include any cost in relation to the treatment or reprocessing of WEEE as defined by the Regulations.
Alternatively, there is a network of recycling centres across the UK where consumers of WEEE can also take WEEE free of charge to be discarded, reused and/or recycled. The complete list of locations can be found at: www.recyclenow.com
In addition, if a retailer supplying new EEE from retail premises with a sales area relating to EEE of at least 400m², the retailer must provide for the takeback of very small WEEE free of charge to the end user, who has no obligation to buy EEE of an equivalent type.