ADDITIONAL CONDITIONS APPLICABLE TO RESIDENTS OF THE EUROPEAN UNION
SALES OF PRODUCTS
Somfy Protect Hardware and Services are offered for sale on its websites and documents in compliance with Article L. 111-1 of the Consumer Code applicable in France, which specifically provides the potential purchaser with the option of becoming familiar with the essential characteristics of the products he wishes to purchase from the company, before placing a firm order.
RIGHT OF RETRACTION
The Customer bears sole responsibility for selection and purchase of the Hardware or Services. Somfy Protect may not be held liable if the Hardware purchased or the Services contracted are unusable for any reason whatsoever. However, Somfy Protect acknowledges the purchaser’s right, pursuant to the applicable legislation, to retract his order, return the Hardware purchased directly to Somfy Protect and obtain a refund, subject to strict compliance with the following conditions.
1. The Customer covenants to respond to information requests to verify his identity in the event of a Somfy Protect maintenance service call.
2. For the Hardware, pursuant to Articles L. 121-21 ff of the Consumer Code, the purchaser has fourteen (14) full days from the date the order is received to return any product in its original packaging and in condition to be resold, failing which, he may not request replacement or refund. Refund is limited to the order price including VAT but excludes any other compensation for any reason whatsoever. The purchaser is responsible for payment of return shipping costs.
3. For subscription to the Services linked to use of the Hardware, the purchaser has fourteen (14) full days from the contract acceptance date to retract his order.
4. The Hardware must be returned at the Customer’s expense, in perfect working order and in its original packaging, to the following address: Somfy Protect by Myfox S.A.S., Regent Park II – Building 1, 2460 voie l’Occitane, 31670 Labège, France.
5. Somfy Protect covenants to refund to the Customer the full amount billed upon receipt of the returned products, after inspection of the Hardware by Somfy Protect technical services and subject to confirmation that the said hardware has been used normally and in compliance with the recommendations on use appearing in the user manual and on the websites: www.somfyprotect.com, myfox.me, evology.myfox.me, www.myfox-online.com and www.myfox-evology.com. By accepting the refund, the Customer expressly waives any subsequent action intended to incur Somfy Protect’s liability or to seek compensation from Somfy Protect.
By accepting the refund, the Customer expressly foregoes any subsequent legal action invoking Somfy Protect’ responsibility or claiming compensation from it.
SERVER PROVIDER AND LOCATION
Somfy Protect provides the Service using a server (the “Server”) located in a secure facility independent of Somfy Protect, in compliance with the required standards of control, protection and security to ensure internal and external security as well as confidentiality of the database content. The Server hosts are: Intrinsec, limited liability company with capital of €480,000, registered under number 402 336 085 and with its head office located at 215, avenue Georges Clemenceau, NANTERRE; IGUANE Solutions, limited liability company with capital of €44,641, registered under number 432 269 165 and with its head office located at 41, rue Boissy d’Anglas, 75008 PARIS; and Amazon Web Services, a company under United States law with its head office located at 410 Terry Avenue North, Seattle WA 98109-5210.
Somfy Protect hereby notifies the Customer that the installation of cameras in public places or observation of a location open to the public is subject to prior prefecture authorization pursuant to Articles 10 ff of Law No. 95-73 of January 21, 1995. Somfy Protect also notifies the Customer that use of the Services in the context of employer/ employee relations requires notification of the employees affected (Art. L.1222-4 of the Labor Code). For any additional information on the legislation and rules in force governing video surveillance, Somfy Protect encourages the Customer to telephone the Commission Nationale de l’Informatique et des Libertés [national information technology and freedoms commission], visit its website at http://www.cnil.fr, or consult the other competent authorities in other jurisdictions.
CUSTOMIZED REMOTE SECURITY (APPLICABLE TO CERTAIN PRODUCTS IN FRANCE ONLY)
Somfy Protect provides the Customer with a paid Customised Remote Security service which enables the Customer to benefit from remote surveillance and physical confirmation services supplied by GROUPE SCUTUM SAS, a Simplified Joint Stock Company with capital of €2,675,197.39, registered on the Créteil Register of Companies under the number 309 174 589, hereinafter referred to as the “Service Provider”.
Customised Remote Security enables the Customer to choose, using his User Access to the Server, the periods during which he wishes to benefit from a remote surveillance service and the conditions under which this service will be performed. The Service Provider performs the remote surveillance and/or physical confirmation and/or key or means of access storage services in compliance with existing legislation and regulations and in particular the law of the 12th of July 1983. The Service Provider undertakes under the terms and conditions of the Master Agreement to carry out remote surveillance of the Customer’s site according to the conditions and during the periods indicated in the Customised Remote Security area of the Customer’s User Access on the Server, which will be recalled in the specific terms serving as an order form which will be sent by e-mail to the Customer on each Subscription to a Customised Remote Security Service.
The term “remote surveillance” should be understood to mean the handling of all alerts or alarms received as defined in the Master Agreement, passed on automatically to the Service Provider via the Server.
For this purpose, and exclusively during the actual periods of remote surveillance, the Service Provider will implement all the resources necessary for its correct execution and for the application of the instructions agreed with the Customer.
Method of implementation of Customised Remote Security
All the instructions and details of the Service Provider’s remote surveillance service must be specified, updated and approved in the Customised Remote Security area of the Customer’s User Access on the Server. At the time of the initial creation of these instructions and details, or at the time of their modification, an e-mail confirming the information recorded and passed on to the Service Provider will be sent to the Customer.
The Customer will be able to choose between two remote surveillance modes: the "Freedom" package and the "Serenity" package.
In the “Freedom” package, the Customer chooses the period during which he wishes to benefit from the remote surveillance service. Outside these periods, the Service Provider does not provide any service to the Customer.
In the “Serenity” package, the remote surveillance service is provided each time an alarm is passed on to the Service Provider. The Customer has the option of delaying the transmission of the alarms to the Service Provider for a period which may vary between 3 and 4 minutes. If, before this time has elapsed, a person logs into the Server using the identifiers for the Main Access, a Delegated Access or a Unique Random Code, or if the central alarm unit goes from the activated state to the deactivated state, the Server considers the alarm to be non-relevant and does not pass it on to the Service Provider. Otherwise, the alarm will be passed on to the Service Provider. The option of delaying the transmission of the alarms to the Service Provider is exercised under the sole responsibility of the Customer, who will not be able to hold the Service Provider or Somfy Protect responsible in the event of any damage occurring because of the delay in transmission to the Service Provider.
Upon receipt and identification of the alarm or in the absence of an agreed signal, the Service Provider will alert the persons or services designated in the instructions, in the order indicated. The “Serenity” package will result in invoicing per alarm passed on to the Service Provider. For invoicing purposes, an alarm will be considered to include all the codes passed on to the Service Provider over a period of two hours starting from the first code generated.
During the periods of effective remote surveillance according to the “Freedom” package, the Customer will no longer receive alerts in the event of intrusion or smoke detection. During the periods of effective remote surveillance according to the “Serenity” package, the Customer will receive alerts in the event of intrusion or smoke detection only if he has chosen to delay the transmission of the alarms to the Service Provider.
The Service Provider has an interconnected network of remote surveillance stations functioning in mirror mode. In the event of failure or overflow, flows are automatically routed to another station which then intervenes as back-up. It is up to the Customer to deal with the supply, installation and maintenance of the Products essential for implementation of the Customised Remote Security Service.
The Customer must indicate in the space reserved for him on the Server any change in the premises, the rooms or the position of the detectors which has a direct or indirect effect on the implementing of the service.
In the event of any interruption or anomaly observed in their functioning, the Customer must, during the whole corresponding period, take all necessary steps for the protection of the premises, which in such cases can no longer be remotely monitored. The Service Provider and Somfy Protect may not be held responsible for any damage which may occur during such a period.
In addition, the Customer is informed that, as connection to the Server responsible for passing on the information to the Service Provider requires the correct functioning of his Internet access and an electrical power supply, this connection constitutes a weakness in terms of security in the event of a power cut or interruption of the Internet connection. In the event of failure of the distribution network or the customer’s installation, the Service Provider and Somfy Protect may not be held responsible for non-transmission or delay in transmission under these conditions.
Depending on the services subscribed to by the Customer, the Service Provider may have to use video confirmation means whose installation may be subject to legal formalities to be paid for by the Customer, who recognises that he has been informed of this fact by the Service Provider.
In accordance with the regulations in force, calling in law enforcement officers or the fire brigade can be envisaged only after physical confirmation by a security officer and/or by means of video surveillance.
In the event of transmission of an intrusion or smoke alarm, the Service Provider will receive temporary access to the Customer’s video surveillance cameras, enabling him to view live images from the Customer’s premises for a period of 10 minutes after sending of the alarm. The Service Provider may also download the videos recorded as a result of the triggering of an alarm. The Customer expressly authorises the Service Provider’s personnel to access images captured on his premises under the conditions stipulated above. Outside of the triggering of an intrusion or smoke alarm, the Service Provider will have no access to the Customer’s video surveillance cameras.
The Customer is informed that telephone calls are recorded.
The Service Provider will store audio and video recordings in accordance with the rules in force.
Defects – failures
The Customer undertakes to inform the Service Provider without delay of any failure or defect in the equipment or transmission which may come to his knowledge. In return, the Service Provider must inform the Customer as quickly as possible of any malfunction associated with the transmission of the information from said products. The Customer undertakes, as soon as he becomes aware of malfunctions, to take the necessary corrective measures to free the Service Provider of any responsibility.
If the Customer’s installation presents anomalies or defects identified on the Server on switching to effective remote surveillance mode (whether as part of the “Freedom” package or the “Serenity” package), an e-mail and text message alert will be automatically sent to the designated self-monitoring recipients to remind them of the existence of these anomalies and defects. The Service Provider will not be responsible for the handling of these anomalies and defects. The Service Provider and Somfy Protect may not be held responsible in any way if they prevent or hinder his subsequent implementing of the remote surveillance services.
Bringing into conformity
Any modification of the service made necessary by an administrative or regulatory decision will be paid for by the Customer.
Physical confirmation on alarm by the Service Provider:General definition of the service
The Customer may request checking and confirmation interventions which could be carried out following the triggering of an alarm sent by the remotely monitored site’s electronic surveillance system. These interventions may be ordered on an “à la carte” basis or as part of a package in the form of a monthly subscription.
The Service Provider undertakes to send as quickly as possible a security officer who will act on the site in accordance with what is stipulated in the intervention instructions. The Service Provider makes a commitment to perform his services with the greatest possible care, using the resources necessary for the level of security agreed with the Customer, without any performance guarantee.
The Service Provider may, if he considers it necessary, use a subcontracting company of his choice. Naturally, this contract does not cover any tours of inspection and security services which might be performed additionally at the request of the Customer or his authorised agent or as part of the instructions defined in the space reserved for the Customer on the Server, notably for protection of the premises in the event of an incident.
In addition, the Service Provider and Somfy Protect reserve the right to terminate the intervention package at any time for reasons they consider valid, notably in the event of over-frequent negative confirmations.
Means used for interventions
The intervening personnel, for whom the Service Provider is responsible, will have appropriate equipment supplied either by the Service Provider or by the Customer as specified in the specific terms.
The Customer undertakes to allow intervening Service Provider personnel to access the sites to facilitate the performing of the service. The Customer undertakes to meet the obligations of the decree of the 20th of February 1992 concerning health and safety applicable to work performed in an establishment by an outside company and to take all steps (notably in terms of informing the Service Provider and intervening personnel of the risks presented by his site) to ensure that the intervening personnel carry out their intervention under normal safety conditions.
Keeping of keys by the Service Provider
A statement concerning the handling of key and other means of access (badges, remote controls, etc.) by the Service Provider will be signed jointly by the representatives designated by the Customer and by the Service Provider. This statement will indicate the number of keys or other means of access and their numerical code. The Service Provider undertakes to take care of the keys or other means of access which are entrusted to him. If the keys or other entrusted means of access are lost, disappear or are stolen, the Service Provider must advise the Customer immediately of this to enable it to take the appropriate security measures. If the Service Provider’s responsibility is confirmed, the Service Provider shall bear the financial consequences resulting from a loss, disappearance or theft, up to maximum sum of 7500 euros. Consequently, the Customer and his insurers agree not to make any claim against the Service Provider and his insurers beyond this amount.
DESCRIPTION OF THE ASSISTANCE SERVICE
(AVAILABLE FOR CERTAIN PRODUCTS IN FRANCE, MONACO AND ANDORRA ONLY)
Definition of the assistance service
Depending on the paid Services that may be subscribed by the Customer, he may benefit form assistance services (the "Assistance") taken out for his benefit by Somfy Protect with the company IPA Assistance. He is then deemed to be the "Beneficiary", in accordance with the conditions stipulated below.
The service provisions included in the Assistance of which the Beneficiary has the benefit, if called on by the Beneficiary, following forcible entry or attempted forcible entry reported by his Product, consist of arranging and paying for, if necessary, the services listed below according to the conditions and limits specified below.
- Generating event: in the event of forcible entry or attempted forcible entry.
Sending a security officer for confirmation
In the event of an alert by text or email or a voice alert on the Beneficiary's mobile or computer when he is not present in the premises covered, on his request IPA Assistance sends a security officer as quickly as possible. The security officer will only check if there are external signs of forcible entry or human or animal presence.
By subscribing to the paid Service including the Assistance, the Beneficiary authorises the security officer to go the surroundings of the premises provided that access is possible, to carry out a physical check of the exit points of the premises. Under no circumstances will he go inside the premises. If the gate is locked, the security officer may cross it. Under no circumstances does he take the place of the authority of the police.
If a forcible entry is noted, the security officer informs IPA Assistance of this immediately and it advises the Beneficiary so that he can contact the police with jurisdiction in the territory.
IPA Assistance pays for the expenses relating to sending this security officer in the event of an attendance justified by actual forcible entry.
If there are more than 2 call-outs per year not justified by a recorded actual forcible entry, any new request from the Beneficiary for a security officer to attend the premises covered will be payable by the Beneficiary.
In such a case, the expenses for that officer to attend the premises will be advised when the Beneficiary makes the request and will be invoiced to him after the security officer's attendance. He undertakes to settle the amount of these expenses on receipt of the invoice.
Before any request for a security officer to attend, he must carry out the necessary steps for confirmation concerning the alert signal, in particular by the following actions:
- Do his utmost to carry out a video confirmation by means of the Somfy Protect video, if the Customer has one and if the conditions of use so allow.
- Call the premises covered to check that no-one connected to him is there when the Alert signal is received if it is impossible to carry out a video confirmation.
Security of the premises covered following a forcible entry
When the premises where the Products are installed (the "Premises Covered"), following a fortuitous event, can no longer be closed or no longer meet normal security conditions, IPA Assistance looks and pays for the presence of a watchman for a maximum period of 24 hours, consecutively or in 12-hour segments , in order to ensure the safeguarding of the premises.
This service provision is granted if the Beneficiary is not on sire or if he is unable to stay on the premises following the damage caused by the incident.
Arranging and paying for protective measures
If, following a forcible entry to the Premises Covered with material damage, the Beneficiary has to have an urgent repair carried out on the Premises Covered on locks and glazing, IPA Assistance will implement the most urgent protective of security measures by looking for the service provider who can respond the most quickly.
IPA Assistance will advise the service provider's conditions for intervention and, with the Beneficiary's agreement, sends that service provider to the premises covered.
IPA Assistance pays for the repair costs (travel expenses, labour and any parts) up to €200 including all taxes.
In the event of an incident at the premises covered, involving a request for counselling, IPA Assistance's medical team will put the Beneficiary in contact with a specialist who can be consulted 5 days a week, from 8 a.m.to 8 p.m.
IPA Assistance arranges and pays for three telephone consultations.
Beyond these three consultations, the cost of any extension of the counselling will be payable by the Beneficiary.
Help in administrative procedures
By a mere telephone call, from 8 a.m. to 7.30 p.m., from Monday to Saturday, excluding Sundays and public holidays, IPA Assistance will look for and advise the Beneficiary of the documentary information that will allow it to direct its administrative procedures following the occurrence of an incident regarding the following subject matters: Identity card, passport, car/motor bike, tax matters, cheque books, Visa card, bank accounts, insurance, etc.
If the Beneficiary has declared a Claim to his Comprehensive Household or Comprehensive Business insurer, IPA Assistance will repay it, up to a maximum limit of € 100 including all taxes, for the repair costs to the Premises Covered for the amount of the deductible on the Beneficiary's Comprehensive Household or Comprehensive Business insurance policy.
This repayment will only be made on presentation of:
- the acknowledgement of receipt of the Claim declaration,
- the filing of the burglary report with the relevant authorities,
- your Comprehensive Household or Comprehensive Business insurance policy mentioning the Deductible
- the original invoice for the repair of the main residence, or a quote accepted by you,
- full bank account details sent within the next 15 days
Procedures for declaring incidents
To have the benefit of the Assistance cover, the Beneficiaries must call the following telephone number: +33 1 55 92 18 31 (not a premium rate number; the cost of the call is payable by the Beneficiary).