General Terms and Conditions of services for remote-controlled automation Systems – SOMFY
Last updated November 26 2018 (See previous version as of December 31st, 2016 here)
These terms will come into effect on 10 January 2019.
These General Terms and Conditions of Service apply between the User and the Somfy group entity responsible for the country in which the Equipment is used to access the Services installed. The list of Somfy’s local entities and the respective countries are attached in Annex 1.
Subscription to any of Somfy’s Services for remote-controlled automation Systems, entails the acceptance of these Terms & Conditions of Service, as well as the specific conditions related to each Somfy product and/or service in use, and, if applicable, of the relevant Sales Documentation. Therefore, we kindly request that you carefully read these documents, provided when subscribing to your Somfy Services. These documents are also available on the SOMFY website.
Administrator: A User who has subscribed to the Services and who is authorized to configure them for his/her/their own use as well as for the use of other Users.
General Terms and Conditions of Service: these General terms and conditions of service applicable to all Services provided by SOMFY.
Specific Terms and Conditions: Specific terms and conditions applicable to the Services provided by SOMFY, based on the Equipment, and subscribed to by SOMFY and the Administrator.
Equipment: All connected equipment for which the Services are provided, whether this equipment is compatible SOMFY-brand equipment, or compatible third-party equipment.
Login credentials: Login ID and password, and/or any other access codes and names enabling the Administrator or the User to log in and use the Services.
Software: Computer programs and/or applications and/or add-ons, embedded in the SOMFY Equipment (excluding third-party Equipment), and/or installed on the user’s/administrator’s computer and required for the provision of the Services.
Services: All services provided by SOMFY, as further detailed in the commercial documentation of the Equipment, and used to configure, monitor, control, and use the Equipment, including without limitation the use of the Software and any Additional Services subscribed by the User.
Additional Services: Services provided by SOMFY in the form of paid options that may be subscribed to by the Administrator.
SOMFY: An entity of the SOMFY group, with whom the Administrator enters into Contract and corresponding to the entity named in Annex 1, established in the governing country in which the Equipment used to access the Services is installed, in accordance with Annex 1.
User: Any individual or legal entity, private or business, person using the Services under the control and responsibility of the Administrator, who hereby represents and ensures compliance by any User with the terms and conditions of the Contract, as indicated in Section 10 a).
2. Effective date of the Contract and start of Services and withdrawal right implications)
a. Effective date of the Contract and start of Services
The Contract shall take effect from the confirmation by the Administrator of his/her subscription to the Services.
By ticking the boxes provided for this purpose prior to confirming the subscription to the Services, the Administrator thereby acknowledges having read and agreed to the Contract without reservation and the parties are considered to have entered into the Contract. The signed Contract is communicated to the Administrator in PDF format for the purpose of conservation and archiving at the time of his/her subscription to the Services. SOMFY and the Administrator agree that the signature of the Contract (including signature of each of the General Terms and Conditions and Specific Terms and Conditions) by a simple electronic signature should have the same effect as a hard copy contract signed by hand.
Any amendment of the Contract subsequent to its being entered into shall be brought to the attention of the Administrator and shall be subject to the acceptance procedure referred to in the notification thereof.
The Services shall commence following the first use of the Services by the Administrator. The Administrator hereby may grants his/her approval for an immediate start of the Services, thus he/she may not be entitled to exercise any right of withdrawal associated with the purchase of Additional Services.
*For additional information on withdrawal right, please refer to the specific notice below in section 2 b.
b. Notice regarding the withdrawal right and implications
The Administrator has the right to withdraw from the Contract within fourteen days from its conclusion without giving any reason. In order to exercise the right of withdrawal, the Administrator must inform SOMFY of his/her decision to withdraw from this Contract by an unequivocal statement (e.g., a letter sent by post, fax or email). The Administrator can, but is not required to, use the model withdrawal form included below for this purpose. To meet the withdrawal deadline, it is sufficient that the Administrator sends the notification regarding the exercise of the right of withdrawal before the withdrawal period has expired. If the Administrator withdraws from this Contract, SOMFY will refund to the customer all payments that SOMFY has received from the Administrator without delay and fees for such reimbursement, using the same means of payment as the consumer used for the initial transaction, and within fourteen days from the day on which SOMFY receives the notification of withdrawal of this Contract, at the latest.
Exception to the withdrawal right: the Administrator cannot cancel his order if the performance the Services has started upon the request of the Administrator and with the acknowledgement that he thereby lose his right of withdrawal.
Model Withdrawal Form
The Administrator can use the following form and send it to SOMFY, if s/he wishes to withdraw from the Contract:
To SOMFY (local entity), email: [email address], [telephone number]
I/we (*) hereby withdraw from the contract concluded by me/us (*) regarding the purchase of the following services (*):
Ordered on (*) / available on (*):
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only for notification on paper)
(*) Please delete as appropriate.
3. Access to the Services
a. Technical requirements
It is hereby reminded that the use of the Services is subject to the fact that the Equipment operates using a communication protocol compatible with the Services, such as the Somfy Radio Technology or io-homecontrol® protocols. The compatibility of each piece of Equipment in this respect is specified in its sales documentation.
The Administrator is responsible for the proper installation of compatible devices and/or equipment and/or computers, and proper use of theServices. The Equipment must be installed, configured, used, and maintained in accordance with the instructions for installation, use, and maintenance provided when the Equipment is purchased. In the event of an Equipment malfunction, the Administrator is asked to refer to the terms of sale and warranty granted by the seller when purchasing the Equipment.
- Internet Access
The use of the Services requires a permanent Internet connection through a modem or compatible Internet box. Thus, the Administrator is asked to make sure that the Equipment is installed in a geographic area enabling an Internet connection, that its modem or box is compatible and that it has a current Internet subscription for the full duration of the Services.
The installation and configuring of the box/modem shall be carried out under the Administrator's sole responsibility.
- Computer equipment
The Administrator is responsible for checking the compatibility of the configuration of his/her technical and computer equipment (e.g., software, operating system) with the Services and Equipment. In case of doubt, the Administrator may seek the advice of his/her Equipment seller.
- Bluetooth Feature
If the Equipment uses Bluetooth, the Administrator shall check the compatibility of the terminal concerned as described in more detail in the applicable Specific Terms and Conditions or in the Equipment user instructions.
- Access to telephone service (remote control feature)
When the remote control feature is offered, its use shall be subject to a telephone service that is kept in effect, under the Administrator’s sole responsibility.
- Valid email address
When subscribing to the Services, the Administrator is asked to provide SOMFY with a valid email address. The Administrator hereby acknowledges and agrees that the provided email address will be used to receive any essential or important information and/or documentation that may be sent to this email address throughout the duration of the Services in order to register to the Services, operate the Services, provide notices and/or properly operate, particularly in the event of a technical intervention by SOMFY or the suspension of the Services pursuant to Section 6. Consequently, it is up to the Administrator to regularly check his/her incoming messages and to immediately inform SOMFY of any change in his/her email address throughout the performance of the Contract.
Delivery of an email is in theory almost immediate. However, a delay may occur, for reasons beyond SOMFY's control, such as related to the nature of the Internet network used or the frequency of which the administrator checks his email messages or his configuration settings of his email service. Except in the event of failure or negligence on SOMFY's part, SOMFY shall under no circumstances be held liable for said delay or failure to receive an essential email in a timely manner.
b. Login credentials and identification
When configuring the Services, the Administrator is asked to create his/her login credentials. In this regard, he/she must select a strong password composed of at least 8 characters and 3 different types of characters from among the four existing character types (upper-case, lower-case, numbers, and special characters), and to change it regularly. The Administrator shall be solely responsible for the choice, use, and communication to other Users of his/her Login credentials.
SOMFY does not have the technical resources for verifying the identity of the persons using the Services with the Administrator's Login credentials. The Administrator is advised to keep its Login credentialsdiscrete and safe.
In the event of the loss, theft, unauthorised use or risk of such use of his/her Login credentials, it shall be up to the Administrator to change them immediately. The Administrator may, if he/she so desires, contact SOMFY customer service, which may help him/her change his/her Login credentials or inform him/her of the procedure to follow.
After being alerted by the Administrator, or for security reasons, SOMFY hereby reserves the right to disable the Login credentials, and, where applicable, the access to the Services. SOMFY shall inform the Administrator by email to the address provided by him/her when subscribing to the Services (or subsequently, in the event of an email address change) of the measures taken as well as those to be taken in order to re-establish the Login credentials and the Services where applicable.
c. Moving and/or transfer of the Equipment
In the event of a move, disposal or transfer of the Equipment, and regardless if such disposal or transfer is for a financial consideration or not, the Administrator is asked to inform the SOMFY customer service as indicated in Appendix 1.
In the event of moving or transferring of the Equipment, the Administrator will not need to subscribe to the Services again, and the Contract shall remain in full effect. The Administrator shall be solely responsible for reconfiguring the Equipment and computer, technical, and telecommunications hardware required for the use of the Services.
In the event of the disposal or transfer of the Equipment, the Contract shall be terminated, without notice, court order or other legal proceedings, as of the date of the disposal or transfer of the Equipment and the new owner of the Equipment shall subscribe to the Services by concluding a new Contract, and providing any elements needed to provide proof of the disposal or transfer of the Equipment, as well as the contact information of the former Administrator. The change in Login credentials shall be effective starting from the receipt of the confirmation email from SOMFY, sent to the new owner of the Equipment at the email address provided by him/her when subscribing to the Services.
4. Use of the Services
The Services provided by SOMFY can be configured through the Services configuration interface accessible online at www.somfy-connect.com or from a mobile device running the SOMFY mobile application concerned.
The Administrator and the Users, acting under the Administrator's responsibility, hereby agree to use the Services in accordance with the Contract, in particular with regard to its technical terms and conditions and usage restrictions.
The Services shall be used in accordance with their normal intent and for lawful purposes, in compliance with individual rights and obligations (in particular privacy laws) and public order. Users are hereby prohibited from hindering, falsifying the operation of, and fraudulently importing data into the automated processing systems belonging to SOMFY and/or which may be used as part of the provision of the Services.
The Services may not be resold or used for commercial purposes.
Furthermore, it shall be up to the Administrator to personally oversee the precautions to be taken during any use of the Services by a minor, by another member of his/her household, or authorized third parties (the Administrator must make sure that the confidentiality of the Login credentials is maintained by each User).
5. Contract Duration
Unless provided otherwise in the Specific Terms and Conditions, the Contract is entered into for an indeterminate duration.
6. Contract Suspension
In the event the Services are used negligently in breach of the Contract or in violation of applicable law, SOMFY hereby reserves the right to suspend the Contract and therefore the use of the Services, without prejudice to its other rights. The suspension shall take effect if the breach has not been remedied within a period of 72 business hours after a notice was sent to the Administrator by registered letter with acknowledgement of receipt requested or by email to the address provided by him/her when subscribing to the Services (or subsequently, in the event of an email address change).
If the suspension is due to legitimate, urgent reasons linked to the security of the SOMFY systems, to its interests or to those of third parties and/or the Users, the suspension may occur without advance notice, with SOMFY hereby agreeing, however, to inform the Administrator within 72 hours following this suspension by registered letter with acknowledgement of receipt requested, with delivery confirmation or by email to the address provided by him/her when subscribing to the Services (or subsequently, in the event of an email address change).
The right of suspension under this clause is separate from right to terminate under clause 7-B related to termination of contract, and suspension of contract is not a pre-condition to right of termination under clause 7-B.
Unless provided otherwise in the Specific Terms and Conditions, the Contract may be terminated at any time, without court order or other legal proceedings, subject to complying with the advance notice period specified below. During the notice period, the Contract shall remain in full force.
If the Administrator has concluded multiple Contracts, the termination is hereby understood to be Contract by Contract.
Furthermore, if the Administrator has subscribed to Additional Services, the Contract may be subject to termination for the Additional Services concerned and in accordance with the Specific Terms and Conditions related thereto.
a. Termination by the Administrator
Unless stipulated otherwise in the Specific Terms and Conditions, the Contract may be terminated by the Administrator, at any time and without a reason, unilaterally and without court order or other legal proceedings, by registered letter with acknowledgement of receipt requested or by email sent to SOMFY customer service. The termination shall be effective on the last day of the calendar month in which SOMFY receives the registered letter with acknowledgement of receipt requested (with the delivery confirmation serving as evidence) or the email.
The Administrator shall receive confirmation by email sent to the address provided by him/her when subscribing to the Services (or subsequently, in the event of an email address change), informing him/her of the termination's effective date.
b. Termination by SOMFY
The Contract may be terminated at any time, without notice, court order or other legal proceedings, by SOMFY unilaterally in the event of a breach of the contractual terms or of a violation of current regulations. The following may result in a termination for breach: identity theft, false declarations made during the subscription to or execution of the Contract, or misuse contrary to the contractual stipulations or harming the SOMFY systems, or infringement of others persons ‘rights or any other unlawful activity by the Administrator or on his behalf using SOMFY’S Services.
Unless provided otherwise in the Specific Terms and Conditions, SOMFY hereby reserves the right to ordinarily terminate the Contract unilaterally and without court order or other legal proceedings, for legitimate reasons, such as the discontinuation of a Service offering, subject to a notice period of 3 (three) months.
In both cases, SOMFY shall inform the Administrator by registered letter with acknowledgement of receipt requested or by email to the address provided by him/her when subscribing to the Services (or subsequently, in the event of an email address change).
SOMFY may terminate the contract without recourse to suspension of contract under clause 6.
c. Consequences of termination
In the event of a termination of this Contract, SOMFY hereby agrees to delete all data stored on its servers, particularly data regarding the scenarios programmed by the User, as well as data regarding the subscription of Services by the Administrator within a reasonable time after termination of the Contract.
Unless otherwise stipulated in the Specific Terms and Conditions, in the event of the termination of an Additional Service by the Administrator unilaterally and without a reason, the subscription owed for the current billing period shall remain acquired by SOMFY and the termination of the Additional Service shall take effect starting from the next billing period.
8. Subscription and Payment for Additional Services
The Administrator may subscribe to Additional Services, the billing amount and frequency of which shall be specified in the corresponding Specific Terms and Conditions.
Any missed or late payment shall result in the sending of an email to the address provided by him/her when subscribing to the Services (or subsequently, in the event of an email address change) in which the Administrator will be asked to make a payment for his/her subscription. In the event of payment default, without prejudice to its other rights, SOMFY shall have the option of suspending the use of the Additional Services until the full payment of the corresponding price.
9. Access and Security
SOMFY shall make its best efforts to provide access to the Services but cannot guarantee uninterrupted access to the service, in particular in case of an event beyond its control, such as incidents and outages on the telecommunications networks and/or electricity.
While SOMFY makes its best efforts to implement security solutions, SOMFY cannot guarantee the absence of any risk of unauthorized intrusion, hacking of data or contamination by computer viruses. The Administrator is thus asked to refer to the precautions to be taken in Article 10(a) below.
These provisions are hereby understood to be without prejudice to the application of Section 10b below as well as the statutory and commercial warranties specific to the Equipment as indicated in the terms of sale and warranty granted by the seller of the Equipment.
a. Responsibilities of the Administrator and the User
The Administrator represents and ensures compliance by any User with the terms and conditions of the Contract.
The Administrator shall be responsible for the proper installation of the Equipment and the use of the Services in accordance with the Contract.
In particular, the Administrator may create and define automatic configuration scenarios for the Equipment (e.g., shutters, blinds). The Administrator shall make sure that these scenarios do not threaten the safety of persons or property or pets. It shall be up to the Administrator to verify or have verified the compliance of his/her installation and use of the Equipment and Services with regard to current standards and regulations.
The Administrator shall be solely responsible to communicate and inform users of the services, of any update, notice or notification that he/she receives from SOMFY, by any means.
It shall be up to any user to implement the necessary means in order to protect the confidentiality of his/her personal information. In this regard, the User shall make sure that the computer equipment used to access the Services is protected against contamination by viruses and/or against unauthorised intrusions.
Furthermore, the use of the Service requires additional precautions on the part of the User and persons occupying or visiting his/her residence and or authorised third parties, in order to prevent the risks of damage, particularly the risk of burglary, fire, or flood in the residence.
These additional precautions consist, in particular, of:
- Periodic testing (at least monthly) by the User, of the proper functioning of the Equipment connected to the Services,
- Configuring scenarios that do not present any risk for the occupants of the residence, taking into account the residence's surroundings and any particular situation specific to each occupant (e.g., limited mobility persons, young children, pets),
- The regular maintenance and verification of the Equipment in accordance with the directions contained in the Equipment’s instructions of use.
SOMFY customer service is available to Users in order to advise them and put them in touch with qualified professionals in order to take the above-mentioned extra precautions.
b. SOMFY's responsibility
SOMFY shall be responsible for the proper implementation of its obligations under the Contract, in compliance with current legislation and standards.
To avoid misunderstandings, these limitations shall not apply in case of damages caused by fraudulent acts, gross negligence or wilful misconduct of SOMFY, or any mandatory liability under the applicable law (include product liability legal rules if any).
Subject to the foregoing, SOMFY’s statutory liability for damages shall be limited as follows:
i. SOMFY shall be liable only up to the amount of damages as typically foreseeable at the time of entering into the Contract in respect of damages caused by a slightly negligent breach of a material contractual obligation (i.e. a contractual duty the fulfilment of which is essential for the proper execution of the Contract, the breach of which endangers the purpose of the Contract and on the fulfilment of which the Administrator regularly relies);
ii. SOMFY shall not be liable for damages caused by a slightly negligent breach of a non-material contractual obligation.
SOMFY may not be held responsible for the harmful consequences resulting from the following cases:
- Non-compliance by the User with the instructions regarding installation, start of Services (including the connection and configuration of the Equipment), use, and maintenance of the Equipment and Services (e.g., improper configuration of the computer or telecommunications equipment used to access the Services or improper programming of the operating scenarios for the connected Equipment),
- Disruptions in the internet or telephony connection or the radio environment of the Equipment (presence of a radio screen resulting from electrical devices or constraints in the residence's surroundings), in the residence's telecommunications or electrical networks, and/or disruptions to the bluetooth feature,
- The combined use of the Services with connected computer equipment that is incompatible and/or non-compliant with current standards,
- Computer intrusions, hacking, cyber breaches or attacks that are not due to a security defect of SOMFY's own systems and/or equipment,
- Accidents or natural disasters affecting the Services, electrical networks, telecommunications networks (e.g., power surge, lightning, storms, flooding or moisture, fire, etc.) and any force majeure events (events beyond the control of the Parties),
- And, more generally, any interruptions or malfunctions of the Services which are not attributable to SOMFY.
Unless there are mandatory legal provisions to the contrary, SOMFY may not be held responsible for the harmful consequences to the extent resulting from non-compliance with the additional precautions that must be taken by the User, and as detailed in Paragraph a) of this Article, in particular for damages related to any burglary, fire, flood, or explosion.
c. Force majeure (event beyond the control of the Parties)
Neither of the Parties to the Contract shall be held liable for the non-performance of all or part of its obligations if the non-performance is due to a force majeure event..
In case of a force majeure event, the obligations of this Contract affected by said event shall be suspended throughout its duration.
Nevertheless, if the force majeure event extends beyond thirty (30) consecutive days, each party may rightfully terminate the Contract, without court order or other legal proceedings, by notifying this decision by registered letter with acknowledgement of receipt requested or by email to the other Party, without this termination entitling either Party to any compensation whatsoever.
The termination shall take effect within a maximum period of fifteen (15) days from the date of despatch of this notification by registered letter or email. For the purposes of the aforegoing, a force majeure event may constitute, in accordance with the applicable law, fire, flood, any act of God, explosion, riot, insurrection, or other civil disorder, war (declared or not), hostilities, invasion, act of foreign enemies, rebellion, terrorism, revolution, riot commotion, disorder any natural catastrophe such as an earthquake, hurricane, typhoon or volcanic activity or any strike, lockout or other industrial action by persons other than the workforce or individual employees of the User.
11. Maintenance or technical upgrades required for the quality of the Services
On an occasional basis, and for maintenance purpose or to resolve technical problems, SOMFY may temporarily suspend access to the Services.
SOMFY may also be required to make updates which may include maintenance, corrections, tests, bug fixes or changes made to the features of the Services. SOMFY shall inform the Administrator in advance by email sent to the address provided by him/her when subscribing to the Services (or subsequently, in the event of an email address change), of updates or maintenance activities that may affect the availability of the Services.
12. Changes to the Services
The Administrator may decide at any time to change the Services he/she has subscribed to, by logging in to the related section of the SOMFY website. To learn more about the possibility to change the subscribed Services, the Administrator may refer to the applicable sales documentation or contact SOMFY customer service.
If the Administrator adds or removes an Additional Service, the change shall be effective at the latest on the first day of the month following the change request, unless provided otherwise in the Specific Terms and Conditions of the Additional Services.
13. Intellectual Property
The Services and Software provided by SOMFY for the use of the Equipment may contain software and source codes that are protected by intellectual property rights.
SOMFY shall retain full ownership over the intellectual property rights attached to the Services and to the Software, and the User is hereby prohibited from directly or indirectly infringing upon said intellectual property rights. All rights not expressly granted under this Contract shall remain reserved by SOMFY.
To the extent permitted by the law, any reproduction, representation, modification, translation, or decompiling, for any purpose, of all or part of the Software and/or Services is hereby prohibited.
The User shall be granted, subject to the acceptance of and compliance with all of the terms of the Contract, a non-exclusive, personal and non-transferable right to use the Services and Software, for the sole purpose of using the Equipment. This usage right is hereby granted for the duration of the Contract.
14. Confidentiality and personal data
15. Interoperability of the Services and the Equipment
Some SOMFY Services and Equipment are intended to be used and interact with third-party products, services, and software.
The User hereby acknowledges that the use of any third-party products and services shall be subject to the acceptance by the User of the contractual terms of the third party concerned.
All costs and obligations which under this third party's terms lie on the User shall be the User's sole responsibility. SOMFY shall not make any commitment or guarantee, nor assume responsibility regarding the use of these third-party products or services, even when this third-party product is used interoperably with the SOMFY Services and Equipment.
16. SOMFY Contact/Assistance
The SOMFY customer service is available to the Administrator for any complaints regarding the Services or for any requests for information and advice regarding the use of the SOMFY Equipment. The contact information for SOMFY customer service is listed in Annex 1.
In any electronic, postal, or telephone correspondence with SOMFY, the Administrator shall provide his/her surname, first name, pin code, login ID and telephone number in order to facilitate the processing of his/her request.
17. Contract Transfer
The Administrator's rights and obligations under the Contract are non-transferable and cannot be assigned or re-assigned to any other entity without SOMFY’s explicit and prior consent.
SOMFY may freely dispose of, transfer, delegate, or subcontract all or part of its rights and obligations under the Contract, to the maximum possible extent as provided under applicable law, provided that such disposal, transfer, delegation or subcontract shall not affect or limit the warranties provided by SOMFY for Administrators or the Users. In this case, SOMFY shall notify the Administrator of the transfer, and the Administrator shall have the right to withdraw from the Contract by declaration to SOMFY within four (4) weeks as of the receipt of SOMFY’s notification.
If one or more provisions of this Contract are found to be invalid or considered as such pursuant to a law, regulation or final decision by a competent court, they shall be considered unwritten and the other stipulations shall remain in effect.
19. Applicable Law - Dispute Settlement
This Contract shall be governed by the laws and courts of the place of installation of the Equipment. This clause shall not, however, prevent the User acting in his/her capacity as a consumer, to assert his/her rights in one of the territorially competent jurisdictions pursuant to the applicable civil procedural law or in the jurisdiction of the place where he/she resided when concluding the Contract with SOMFY.
In the event of a dispute, the Administrator shall have the option to have recourse to a mediation procedure or any alternative dispute resolution process.
If you reside in the EU, the European Commission provides consumers with an online dispute settlement platform accessible at the following address: http://ec.europa.eu/consumers/odr/.
The competent consumer Ombudsman for each of the countries in which the Services are marketed is specified in Annex 1.