Terms of sale

SOMFY E-SHOP TERMS AND CONDITIONS OF SALE 

 

1.  Notice of Important Rights, Obligations and Conditions. 

These Somfy E-Shop Terms and Conditions of Sale (the “Terms”) apply to the purchase and sale of products and services from Somfy Systems, Inc. (“Somfy”) through Somfy's e-commerce website store.somfysystems.com (the “Site” or “Website”). This document contains important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please read it carefully. 

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. 

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. 

YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU: (A) DO NOT AGREE TO THESE TERMS; (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH SOMFY, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW. 

These Terms are subject to change by Somfy (referred to as “us,” “we,” or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes. 

These Terms are an integral part of the website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site (see Section 9). 

2.  Order Acceptance and Cancellation.  

You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After we receive your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Somfy and you will not take place unless and until you receive an order confirmation email.  

3.  Prices and Payment Terms. 

(a)  All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total. We reserve the right to cancel any orders arising from typographical errors in any offer by us. 

(b)  Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. You represent and warrant that: (i) the credit card or account information you supply to us is true, correct, and complete; (ii) you are duly authorized to use such credit card or account for the purchase; (iii) charges incurred by you will be honored by your credit card company or payment service provider; and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. 

(c) We collect applicable sales tax on all orders.   

4.  Shipments; Delivery; Title and Risk of Loss. 

(a)  Products purchased through this Site will be sold and shipped to purchasers only within the continental United States, Alaska, and Hawaii. No shipments can be made to United States PO Box addresses, APO or FPO addresses, United States territories, or addresses outside the United States. 

(b) We will arrange for shipment of the products to you. Available shipping options for your products will be on the check-out page. You will pay all shipping and handling charges unless otherwise noted. 

(c)  Title and risk of loss pass to you upon our transfer of the products to the carrier/delivery company. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. 

(d) For in-stock products, below are the anticipated delivery timeframes for each delivery method:     

  • Overnight express: orders placed by 12:00 p.m. Eastern will generally be delivered the next business day 
  • Two-day: orders placed by 12:00 p.m. Eastern will generally be delivered in two business days 
  • Standard ground: orders placed by 12:00 p.m. Eastern will generally be delivered within ten business days  

Please note that these are estimates and cannot be guaranteed.  Deliveries may be delayed due to events outside of our control, such as inclement weather, natural disasters, or terrorist attacks.  We are not liable for delays in deliveries. 

5.  Returns and Refunds.  

Except for any products designated on the Site as non-returnable or any products that are configured-to-order or customized and subject to the limited warranty set forth below, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 30 calendar days of the invoice date and provided such products are returned in their original condition and otherwise consistent with these Terms.  To return products, you must call 1-800-822-7468 or email our Returns Department at onlinereturns_us@somfy.com to obtain instructions on how to return your product. You must return the product to Somfy with its original packaging, including any accessories, manuals, instructions, or other items that were shipped with the product.  

You are responsible for all shipping and handling charges on returned items unless the product is defective and subject to the limited warranty set forth below. You bear the risk of loss during shipment. 

Refunds generally will be processed within approximately 7 business days of our receipt of your merchandise (so long as the merchandise is returned in original condition and returned within 30 days of the invoice date). Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THE SITE AS NON-RETURNABLE OR ON ANY PRODUCTS THAT ARE CONFIGURED-TO-ORDER OR CUSTOMIZED. 

Warranty returns are discussed in more detail below.   

6.  Limited Warranty. 

THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. 

WE WARRANT THAT, DURING THE WARRANTY PERIOD, HARDWARE COMPONENTS OF THE PRODUCTS PURCHASED FROM THE SITE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP. THIS LIMITED WARRANTY DOES NOT INCLUDE ANY SOFTWARE COMPONENTS OF ANY PRODUCTS AND DOES NOT EXTEND TO OTHER EQUIPMENT, COMPONENTS, OR DEVICES THAT A CUSTOMER MAY USE IN CONJUNCTION WITH OUR PRODUCTS. THIS LIMITED WARRANTY ONLY APPLIES TO PRODUCTS PURCHASED DIRECTLY FROM US THROUGH THE STORE.SOMFYSYSTEMS.COM SITE AND DOES NOT APPLY TO ANY PRODUCTS PURCHASED FROM THIRD PARTY SELLERS.  THIS LIMITED WARRANTY DOES NOT GUARANTEE THAT USE OF OUR PRODUCTS WHICH DEPEND ON THE STABILITY OF YOUR WI-FI NETWORK WILL BE UNINTERRUPTED OR ERROR FREE. 

WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THIS LIMITATION MAY NOT APPLY TO YOU. 

OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR SUPPLIERS, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY. 

(a)  Who May Use This Warranty? 

This limited warranty extends only to the original purchaser of products and services from the Site. It does not extend to any subsequent or other owner or transferee.  This limited warranty does not cover any products purchased from third party sellers who may, for example, sell products on sites such as eBay or Amazon. 

(b)  What Does This Warranty Cover? 

This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in the hardware components of products purchased from the Site.  It does not cover any software components of products. 

(c)  What Does This Warranty Not Cover?

This limited warranty does not cover any damages due to: 

  1. transportation; 
  2. storage; 
  3. improper use; 
  4. failure to follow the product instructions or to perform any preventive maintenance; 
  5. modifications; 
  6. combination or use with any products, materials, processes, systems or other matter not provided or authorized in writing by Somfy; 
  7. unauthorized repair; 
  8. normal wear and tear; or 
  9. external causes such as accidents, abuse, or other actions or events beyond our reasonable control. 

This limited warranty does not apply to software components of products, batteries (except SOMFY branded external rechargeable battery pack), or any issues associated with the stability of your Wi-Fi network.  This limited warranty covers only Somfy products and does not cover any other equipment, components, or devices used in conjunction with Somfy products.  

This limited warranty does not guarantee that use of any Somfy product will be error free or uninterrupted. 

(d)  What Is the Period of Warranty Coverage?

This limited warranty starts on the date of your purchase and lasts for five years (the “Warranty Period”).  The Warranty Period is not extended if we repair or replace a warranted product. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive. 

(e)  What Are Your Remedies Under This Warranty? 

With respect to any defective products during the Warranty Period, we will, in our sole discretion: (i) repair or replace such products (or the defective part) with a comparable product or part free of charge; or (ii) refund the purchase price of such products if returned within 30 days of the invoice date. We will also pay for shipping and handling fees to send the repaired or replacement product to you if we elect to repair or replace the defective products. 

(f)  How Do You Obtain Warranty Service? 

All requests for warranty service require proof of purchase from the Site (such as an invoice or order confirmation email). To obtain warranty service (that is, a repair or replacement as a result a defective product), you must call 1-800-822-7468 or email our Customer Service Department at onlinereturns_us@somfy.com during the Warranty Period to receive instructions on how your warranty service will be handled.  We will generally respond within 7 business days with further instruction, including whether you will need to return the product to us and, if so, how to do so.   

(g)  Limitation of Liability. 

THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.  WE ARE NOT LIABLE OR RESPONSIBLE FOR INCONVENIENCE, LOSS OF USE, INSTALLATION COSTS, OR UNAUTHORIZED SERVICE COSTS. 

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. 

(h)  What Can You Do in Case of a Dispute with Us? 

The dispute resolution procedure detailed in Section 12 is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms. 

7.  Goods Not for Resale or Export. 

You agree to comply with all applicable laws and regulations of the various states and of the United States. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export.  

8.  Intellectual Property Use and Ownership.  

You acknowledge and agree that: 

(a)  Somfy is the owner of all rights, title and interest, including the Intellectual Property Rights, in or to the products marketed and/or sold through the Site. For the purpose of this Agreement, “Intellectual Property Rights” shall mean any and all of the following: (a) rights associated with works of authorship throughout the universe, including but not limited to copyrights, moral rights, and mask-works; (b) trademark and trade name rights and similar rights; (c) trade secret rights; and (d) patents, designs, and other industrial property rights. 

(b) You do not have and, by reason or your purchase, will not have or acquire any ownership of any Intellectual Property Rights in or to the products marketed or sold through the Site. 

(c) You will not: (i) distribute, republish or reproduce all or any part of the products; (ii) remove any proprietary notices, labels, or marks on any product or any component of any product; (iii) reverse engineer, decompile, disassemble, or otherwise attempt to reproduce or copy the products or any components of the products. 

9.  Privacy.  

Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products through the Site.  Please review it to understand what kinds of personal data may be collected, how it may be used, and whether and how you may control our use of your personal data.   

Force Majeure.  

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, telecommunication breakdown or power outage. 

10.  Governing Law and Jurisdiction.  

Except for issues governed by federal law, all matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of the State of New Jersey without giving effect to any choice or conflict of law provision or rule (whether of the State of New Jersey or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New Jersey. 

11.  Dispute Resolution and Binding Arbitration. 

(a)  YOU AND SOMFY ARE AGREEING TO GIVE UP (WAIVE) ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. 

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION EXCEPT AS PROVIDED BELOW. 

(b)  The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879. The Federal Arbitration Act will govern the interpretation and enforcement of this section. 

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. 

If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. 

(c) You may elect to pursue your claim in small-claims court rather than arbitration if your claim is within the scope of the small-claims court’s jurisdiction. The small-claims court proceeding will be limited solely to your individual dispute or controversy. 

(d)  You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR SOMFY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. 

(e) If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. 

12.  Product Ratings and Reviews.

Somfy permits customers to provide product ratings and reviews on the Site. Somfy does not guarantee the accuracy of any customer’s product ratings or reviews on the Site.  

If you choose to submit a rating or review on the Site, you acknowledge and agree that: 

(a) To the extent of any conflict between Somfy’s Privacy Policy and these terms, these terms shall control with respect to the ratings and reviews service. 

(b) You, not Somfy, are responsible for the contents of your submission. You are the sole author and owner of any content including any intellectual property rights in any content that you include in a rating or review.  You are not being compensated or provided any consideration by a third party for your rating or review. 

(c) You are at least 18 years old. 

(d) You will not submit any content that: (i) is false, inaccurate or misleading; (ii) infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (iii) violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (iv) is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual or entity; (v) includes any information that references other websites, addresses, email addresses, or phone numbers; or (vi) contains any computer viruses, worms or other potentially damaging computer programs or files. 

(e) You agree to indemnify and hold Somfy (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys’ fees, arising out of either a breach of your representations and warranties set forth above or your violation of any law or the rights of a third party. 

(f) For any content that you submit, you grant Somfy a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you. 

(g) Somfy reserves the right to change, condense or delete any content on Somfy’s website that Somfy deems, in its sole discretion, to violate the content guidelines or any other provision of these terms. Somfy does not guarantee that you will have any recourse through Somfy to edit or delete any content you have submitted. Somfy reserves the right to edit, remove, or to refuse to post any submission for any reason.  

(h) Somfy, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees are not obligated to maintain the confidentiality or privacy of any content you subject through the ratings and reviews service.  

(i) By submitting your email address and any other personal information in connection with your rating and review, you agree that Somfy and its third-party service providers may use the information to contact you about the status of your review and other administrative purposes, and for any other purpose consistent with Somfy’s Privacy Policy. 

13.  Assignment.  

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 14 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. 

14.  No Waivers.  

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Somfy. 

15.  No Third-Party Beneficiaries.  

These Terms do not and are not intended to confer any rights or remedies upon any person other than you. 

16.  Notices. 

(a)  To You. We may provide notice to you under these Terms by: (i) sending a message to the email address you provide; or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current. 

(b)  To Us. To give us notice under these Terms, you must contact us as follows: (i) by email to [store_us@somfy.com]; or (ii) by personal delivery, overnight courier or registered or certified mail to: 

         Somfy Systems, Inc. 

         121 Herrod Boulevard 

         Dayton, New Jersey 08810 

 

We may update the email or mailing address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by email or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent. 

17.  Severability.  

If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms. 

18.  Entire Agreement.  

Our order confirmation, these Terms, our Website Terms and Conditions of Use, and our Privacy Policy (and, if applicable, our California Consumer Privacy Notice) will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.