1 . INTERPRETATION
a) In these General Terms & Conditions of Sale the following definitions and rules shall apply:
Company means Indelague – Indústria Eléctrica de Águeda, S.A.;
Contract means together the Quotation, Order Acknowledgment and these General Terms & Conditions of Sale;
Goods mean any item of whatever nature sold or to be sold or supplied by the Company to the Purchaser including services;
Purchaser means the person, firm or corporate body which purchases or has agreed to purchase the Goods;
Incoterm means company would use Ex-work term on dispatch only. Any different terms would require confirmation by the Company in writing.
Quotation means the Company’s priced offer to the Purchaser for Goods or services;
Order Acknowledgement means the Company’s confirmation detailing the order placed by the Purchaser with the Company.
b) Words in the singular include the plural and in the plural include the singular.
c) A reference to a law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.
2 . APPLICATION OF CONDITIONS
a) These General Terms & Conditions of Sale serve as a basis for all contracts on the delivery of goods and provision of services by Indelague – Indústria Eléctrica de Águeda, S.A. and its customers (Purchaser).
b) These General Terms & Conditions of Sale shall apply to and form part of every Contract entered into by the Company to the exclusion of all other terms and conditions (including any terms which the Purchaser purports to apply under any purchase order, confirmation of order, specification or other document).
c) Each purchase order or acceptance of a Quotation for Goods by the Purchaser from the Company shall be deemed to be an offer by the Purchaser to purchase Goods subject to these conditions of sale.
d) Any Quotation is given on the basis that no Contract shall come into existence until the Company dispatches an Order Acknowledgement to the Purchaser.
3 . CONCLUSION OF CONTRACT
a) All Company‘s quotations are without obligation and subject to confirmation.
b) The contract is considered concluded if after receiving the purchase order, the Company has sent a written confirmation of order or a delivery dispatch date to the Purchaser. Upon completion of contract, changes to the order are only possible with the approval of the Company and on the condition of indemnity.
c) The Company reserves the right to accept the order within a suitable acceptance period. The confirmation of receipt does not however constitute a binding acceptance of the order.
d) The Company reserves the right to decline an order, for example upon evaluation of the Purchaser‘s creditworthiness.
e) Special Purchaser‘s instructions such as delivery requests, deadlines, discounts, or like, are considered extraneous proposals. They shall only become a component of the contract if they are expressly recognised as binding by the Company in the Order Acknowledgement.
f) Should events occur after completion of contract that make it no longer possible to fulfill the contract under the stipulated conditions or that make it entirely impossible for the Company to fulfill the contract, the Company is free to withdraw from the contract.
g) All data contained in the Company catalogue, as well as website or any other product datasheet, drawings or other documents is presented with all necessary care, however the company reserves the right to correct any obvious errors.
h) The Company reserves the right to change or withdraw their Goods from the market at any time and without notice.
4 . PRICES
a) The price of Goods shall, unless otherwise stated by the Company in writing, be the prices stated on the current Price List of the Company at the time of dispatch of the Goods (or instalment of the Goods if the Goods are to be delivered in instalments).
b) Unless otherwise expressly stated to be firm for a period, the Company’s prices are subject to variation to take account of variations in wages, materials and other costs. The Company accordingly reserves the right to adjust the price without notice by the amount of any increase or decrease in such costs after the price is quoted.
c) All prices are exclusive of any value added Tax and all costs or charges in relation to loading, unloading, carriage, installation and/or insurance unless the same is otherwise stated elsewhere in the Contract, all of which amounts the Purchaser shall pay to the Company in addition to the price of the Goods.
d) Unless otherwise agreed in writing previously, between the Company and the Purchaser, the prices provided by the Company in the quotations sent to the Purchaser, will be based on the Incoterm Ex-Works. Any different terms would require confirmation by the Company in writing.
5 .PAYMENT
a) Unless otherwise agreed in writing, payments shall be provided in accordance with the General Terms & Conditions of Sale in the stipulated currency (generally EUR) without any deduction and in advance. The Company may agree not to enforce this provision for an agreed period of time from the date of delivery.
b) Unless otherwise agreed in writing previously, the Contract doesn’t provide delivery in instalments, each instalment shall be considered as a separate Contract. If instalments payments are agreed, the failure to pay the instalments or even one instalment will mean that the Purchaser will lose the benefit of paying in instalments and the Company will have the right to immediately request the remaining balance payment.
c) No payment shall be deemed to have been received until the Company has received cleared funds.
d) Without prejudice to any other rights it may have, the Company is entitled to charge default interest at 8% above the applicable European Central Bank Euribor 3-months interest rate on overdue payments from the due date for payment until payment is made. If the Company has exercised its discretion under Condition 5 (b) above, then it may waive its right to interest for the same period as referred to in Condition 5 (b).
e) Additionally and without prejudice to its other rights, the Company shall be entitled to recover all direct expenses reasonably incurred by the Company in collecting or attempting to collect any outstanding payments from the Purchaser.
f) The Purchaser shall make all payments due under the Contract in full without deduction whether by way of set off, counterclaim, discount, abatement or otherwise unless the Purchaser has a valid court order requiring an amount equal to such deduction to be paid by the Company to the Purchaser. The Purchaser is not entitled to retain or offset payment because of warranty claims or other counterclaims.
g) If the Purchaser fails to make any payment when due in accordance with these General Terms & Conditions of Sale, the Company reserves the right in its absolute discretion and without prejudice to any of its other rights or remedies, to suspend all further deliveries until such payment has been made in full, or at the Company’s option, to cancel the balance of the order. In either case, the Company shall hold the Purchaser liable for costs incurred in respect of Goods which are in the course of manufacture or ready for dispatch. Price discounts of new invoices are unacceptable if older and outstanding invoices exist.
h) The products indicated in Quotations will be supplied to the Purchaser by the Company with a “retention of title”. In this case the title of the Products will pass to the Purchaser only when full payment of the Quotation is made, while any possible risk of losing the Products will be the responsibility of the Purchaser from the time of delivery of the Products by the Company even to the carrier in accordance with the agreed INCOTERMS.
6 . INDEMNITY OF THE PURCHASER
The Purchaser shall indemnify the Company in respect of any loss, cost or expense incurred by the Company as a result, directly or indirectly, of the Purchaser’s instructions or lack of instructions or through any failure or delay whatsoever in taking delivery or through any other act, neglect or fault on the part of the Purchaser, its servants, agents or employees.
7 . CREDIT
Any Contract shall be subject to the Company being satisfied as to the Purchaser’s credit references and credit status from which the Company may (in its absolute discretion), having informed the Purchaser that the Goods are ready for dispatch, refrain from delivering the Goods until such time as the Purchaser tenders payment for the Goods in cleared funds to the Company together with any outstanding amounts which may be due to the Company on any account held by the Purchaser or a person, firm or company associated with the Purchaser whatsoever.
8 . PACKING
Where it is necessary to dispatch Goods in crates, cases, special pallets, or other such packing different from the one used by the Company as standard, resulting from a specific demand from the Purchaser, a charge may be made for this.
9 . DELIVERY
a) Where the value of any order exceeds a previously agreed value in writing between the Company and the Purchaser, the cost of delivery of the Goods to the Purchaser’s premises will be included in the price of the Goods, and will be assumed by the Company. For orders whose value is inferior to that previous agreed value, all delivery will be at the Incoterm mentioned as standard in this contact (Ex-Works).
b) Unless agreed in writing by the Company, all times and dates of delivery of the Goods are given in good faith but are approximate only and shall not be of the essence.
c) All times and dates for delivery shall be calculated from the date of acceptance by the Company of the purchase order of the Purchaser, or from the date of receipt by the Company from the Purchaser of all information, instructions and drawings as shall be necessary to enable the Company to carry out the purchase order, whichever shall be the later.
d) Unless otherwise stated in writing, the Company shall be entitled to make earlier and/or partial delivery and invoice of the Goods.
e) Subject to the other provisions of these General Terms & Conditions of Sale the Company shall not be liable for any direct, indirect or consequential loss (all four of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by the Company’s negligence), nor shall any delay entitle the Purchaser to terminate or rescind the Contract unless such delay exceeds 60 days.
f) No delivery is made unless agreed in writing with the Company regarding tailgate truck. All expenses are to be bore by the Purchaser.
g) If no different address is required to deliver the goods, the address that will be considered is the address of the registered office of the Purchaser. If delivery is required in different address after dialling transport additional costs may be charged.
10 .NON DELIVERY OR DAMAGE IN TRANSIT
a) The Company is not responsible for missing products or damaged products that was detectable during the first inspection, if the missing or damage product is not listed on the International Cargo Certificate (CMR) or other obligatory document of acceptance.
b) When the price quoted includes delivery, the Company shall repair or replace free of charge, Goods damaged in transit or not delivered in accordance with the Order Acknowledgement, provided that the Company is given written notification (eg. CMR) of such damage or non-delivery within such time (being not more than 1 working day), as will enable the Company to comply with the carrier’s conditions of carriage as affecting loss or damage in transit.
c) The Purchaser is obliged to inspect each and every product and confirm in writing any damaged product or packaging and list them on the International Cargo Certificate (CMR) or other obligatory document of acceptance, which must show the serial number of the delivery note, identification of the Purchaser, the type and quantity of the delivered goods, the date and place of delivery. The parties agree that confirmation of delivery of the goods is a required condition for fulfilment of all Purchaser’s obligations or, where delivery is made by the Company’s own transport, within 2 working days after receipt of the Goods.
d) Notwithstanding the above undertaking, the Company will only consider claims for alleged shortage if they are received within 2 working days of the receipt of Goods by the Purchaser, together with sufficient information to enable the Company properly to identify the shortage including the Order Acknowledgment number, case number and condition of the case.
e) Any liability for non-delivery of the Goods or damage in transit of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods.
f) If the Purchaser fails to give notice in accordance with Condition 10(c) the items delivered shall be deemed to be in all respects in accordance with the Contract and the Purchaser shall be bound to accept and pay for the same accordingly and all claims in respect of non-delivery, loss, damage, defect or non-compliance (save as set out in Condition 16) shall be wholly rejected.
11 . VARIATIONS
a) The Company shall be under no obligation to alter or vary any part of the Contract or any work connected there in. Any alteration to or amendment or other variation of the specification, including any increase or decrease in the quantity of the Goods or any alteration to any drawing or to the quality performance, weight or measurements of any Goods or any alteration or variation of advised delivery schedules, shall, if requested by the Purchaser, be subject to the agreement of the Company with such alteration or addition to the price and to delivery dates or schedules as may be required by the Company and shall not be binding upon the Company unless and until accepted by the Company in writing.
b) In the event of any variation or suspension of the work at the Purchaser’s instructions or lack of instructions, the Company shall be entitled to adjust the contract price to reflect any additional costs incurred, and to adjust delivery dates or schedules.
12 . STORAGE
If the Company does not receive forwarding instructions sufficient to enable it to dispatch the Goods within fourteen days after notification that the Goods are ready for delivery or that they have been tested under Condition 14, risk in the Goods shall pass to the Purchaser (including all loss or damage caused by the Company’s negligence) and the Purchaser shall thereupon take delivery or arrange for storage. If the Purchaser does not take delivery or arrange for storage, the Company shall be entitled to invoice the Purchaser and be paid for the Goods as though the Goods had been duly delivered in accordance with the Contract and the Company may arrange storage either at the Company’s own works or elsewhere on the Purchaser’s behalf and all charges incurred by the Company as a result of such delay including storage and insurance, shall be payable by the Purchaser.
13 . PERFORMANCE
a) Any data, technical information or performance figures provided by the Company are based on tests performed under standard testing conditions at the Company’s premises or at an independent laboratory. They are believed to be accurate but cannot be guaranteed under different conditions.
b) The light output, current, luminaire input and optical values have a maximum deviation of +/- 10% from nominal. The failure of one LED light point do not compromises the total performance of the luminaire and therefore will not be accepted as reason for claim.
c) LED components are, as a result of innovation, currently subject to fast rate of changes. The Company therefor reserves the right to change components of light, fitted with LED’s as part of additional or replacement delivery.
14 .INSPECTION & TESTS
a) The Company’s products are carefully inspected and manufactured complying with the safety rules provided for by the European Union legislation and are consequently CE marked.
b) If tests other than those specified or tests in the presence of the Purchaser or its representatives are required, the Purchaser will be responsible for the costs of such additional tests. In the event of any delay on the Purchaser’s part in attending tests after the Purchaser has received seven days’ notice that the Company is ready to perform the tests, the tests will proceed in the Purchaser’s absence and the Purchaser accordingly hereby agrees to accept and pay for such tests as if they had been performed in the Purchaser’s presence.
15 . DESCRIPTIVE MATTER & ILLUSTRATIONS
a) All descriptions and illustrations and particulars of weights and dimensions issued by the Company in catalogues, price lists, advertising matter and forwarding specifications are by way of general description and approximate only and shall not form part of any contract or give rise to any liability on the part of the Company.
b) It is the policy of the Company to endeavor to develop and improve its products and accordingly the Company reserves the right to change all specifications without prior notification or public announcement pursuant to such policy.
16 . WARRANTY
The Company provides a manufacturer warranty for its products in accordance with the scope set out in the appendix to these general terms and conditions (MANUFACTURER WARRANTY CONDITIONS). Lighting control systems are excluded from this, the statutory warranty periods shall be applied.
17 . WARRANTY CLAIM
Before making a claim, the Purchaser is obliged to carefully check if defects are applicable for warranty claim as stated in the General Terms & Conditions of Sale.
a) Warranty claims must be made by the Purchaser to the Company Sales Department within 30 days of detection of the defect and the Purchaser should make no further use of the goods.
b) To proceed with the claim the Purchaser is obliged to fill in the “Complain Report”[CIR002], describing precisely the defect and how it presents itself, specifying at least the following information:
Additional information may be requested if necessary.
c) Defect materials have to be returned to the Company in the original packaging, complete with all components and accessories within 30 days maximum and will become property of the Company after replacement. All delivery costs are to be bore by the Purchaser.
d) If a product covered by the Company warranty is returned in compliance with this General Terms & Conditions of Sale, the product will be repaired or replaced with no charge or the Company will refund the Purchaser. In the case of replacement, the Company reserves the right of deviation from the original product due to technological progress (LED colour, Lumen output, etc) or in design and characteristics (size, etc) of the product due to a change in the product. In some cases, the Company can agree with the Purchaser that the Purchaser will ensure the dismantling and assembly of the product at the expenses of the Company, while those costs must be agreed in advance in writing by the Company, based on the price calculation offered by the Purchaser.
e) Products returned unduly by the Purchaser to the Company must be collected at Purchaser expenses within a period no longer than two weeks. After expiration of the term the products will be destroyed/recycled.
18. LIMITATION OF LIABILITY
a) Subject to mandatory provisions of law, the Company’s liability towards the Purchaser is limited to its goods and services under this agreement if evidence is provided of its malicious intent or gross negligence. Liability for slight negligence, the compensation of resulting damages and financial losses, indirect or consequential damages, unrealised savings, interest losses and for damages from third-party claims against the client are excluded to the extent permitted by law.
b) In case the Company is liable for damage, this liability is limited to the maximum amount paid by the insurer to the Company, or at least to the maximum of the invoiced amount, or at least to the part of the invoice to which the liability relates.
c) In the event of non-compliance with any conditions for installation, operational set-up and use or of violation of regulatory or official conditions of approval, any compensation for damages is excluded to the extent permitted by law.
19. RETURN OF GOODS
If the Purchaser want to return goods supplied by the Company, the Purchaser is obliged to carefully check if the goods are in condition of return.
a) The request for Return of Goods must be made by the Purchaser to the Company Sales Department, exclusively upon the condition that:
b) To proceed with the Return of Goods the Purchaser is obliged to fill in the “Return of Goods Report”[CIC005], specifying at least the following information:
Additional information may be requested if necessary.
c) To be accepted the product has to be brand new (without use), in the original packaging, complete with all components and accessories. All delivery costs are to be bore by the Purchaser.
d) If a product returned is in compliance with this General Terms & Conditions of Sale, the product will be accepted upon previous agreement in writing between the Company and the Purchaser, based on a % depreciation of the product value.
e)Products returned unduly or no compliant with this Condition 19 by the Purchaser to the Company must be collected at Purchaser expenses within a period no longer than two weeks. After expiration of the term the products will be destroyed/recycled.
Under no circumstances may goods supplied against a firm purchase order be returned without the Purchaser must have first applied for and obtained the written consent of the Company. A handling charge may be deducted from any credit allowed by the Company where it is established that the returned Goods were not according to this General Terms & Conditions of Sale.
20 . REPAIR OF GOODS
a) If the Purchaser want to Repair Goods supplied by the Company, the Purchaser must have to send a request for Repair of Goods to the Company Sales Department, exclusively upon the condition that:
b) To proceed with the Repair of Goods the Purchaser is obliged to fill in the “Repair of Goods Report”[CIC002], specifying at least the following information:
Additional information may be requested if necessary.
c) The products should be sent to the Company and all delivery costs are to be bore by the Purchaser. After analyzing the product, the Company Sales Department will send a price offer to the Purchaser, which has to be accepted in writing by the Purchaser, in order to proceed with the Repair of Goods.
d) Products returned unduly or no compliant with this Condition 20 by the Purchaser to the Company must be collected at Purchaser expenses within a period no longer than two weeks. After expiration of the term the products will be destroyed/recycled.
Under no circumstances should Products supplied under a confirmed order be sent to the Company in order to proceed with a Repair, without the Company having acknowledged and accepted it in writing.A handling charge may be invoiced to the Purchaser by the Company where it is established that the Goods were not previously accepted for Repair by the Company.
21 .INTELLECTUAL PROPERTY AND COPYRIGHT
a) The Purchaser will indemnify the Company against all damages, penalties, costs, losses and expenses suffered by the Company for which it may become liable in respect of the infringement of any intellectual property including (but without limitation) any patent, copyright, registered design, trade mark, trade name or know-how arising out of the Company’s manufacture of goods in accordance with any specification design drawings or other data supplied by the Purchaser or its servants or agents.
b) Sales information, offers and project documents as well as performance documents such as lighting design plans, product drawings, designs, sketches, and other technical documents as well as samples, catalogues, brochures, illustrations and the like always remain the intellectual property of the Company and are subject to the applicable legal requirements as regards copying, reproduction, competition, etc. The Company is entitled to ask to return documents at any time, and they shall be returned. Any processing, copying, circulation and/or public reproduction other than for private use shall be deemed illegal and prohibited.
22 . FORCE MAJEURE AND OTHER CIRCUMSTANCES
The Company shall be entitled without liability on its part and without prejudice to its other rights, to terminate the contract or any unfulfilled part thereof, or at its discretion suspend or make partial deliveries or extend the time or times for delivery, if the manufacture of the Goods by the Company or the Company’s suppliers, or the delivery of the Goods or the performance by the Company of any of its obligations under the Contract is hindered or delayed whether directly or indirectly due to circumstances beyond the reasonable control of the Company including, without limitation, the Purchaser failing to furnish necessary instructions or information, war or other hostilities, acts of terrorism, civil commotion, fire, explosion, flood, epidemic, acts of God, government action or legislation, interruption of transport, strike, lock out or other form of industrial action (including, without limitation, labour disputes with the Company’s or any subcontractor’s employees), accidents or stoppages to works, shortage of labour, materials, equipment, fuel or power, breakdown of machinery, whether or not such cause exists at the date of the order provided that, if the event in question continues for a continuous period in excess of 180 days, the Purchaser shall be entitled to give notice in writing to the Company to terminate the Contract.
23. PASSING OF PROPERTY AND RISK
a) From the time of delivery, the Goods shall be at the Purchaser’s risk who shall be solely responsible for their custody and maintenance but, unless otherwise expressly agreed in writing, the Goods shall remain the Company’s property until all payments to be made by the Purchaser under the Contract and all other sums which are due or become due to the Company from the Purchaser on any account have been made in full (in cash or cleared funds) and unconditionally. Whilst the Company’s ownership continues the Purchaser shall keep the Goods labelled as belonging to the Company and separately identifiable from all other goods in its possession as bailiff for the Company.
b) Without prejudice to the equitable rules as to tracing, in the event of failure to pay the price in accordance with the Contract or the insolvency or similar of the Purchaser as defined below in Condition 24 the Company shall have the power to enter any premises where the Goods are or may be stored to inspect or, where the Purchaser’s right to possession has terminated, to recover and re-sell the Goods, such power being additional to (and not in substitution for) any other power of sale arising by operation of law or implication or otherwise.
c) Pending payment of the full purchase price of the Goods the Purchaser shall at all times keep the Goods comprehensively insured against loss or damage by accident, fire, theft and other risks usually covered by insurance in the type of business carried on by the Purchaser in an amount at least equal to the balance of the price for the same from time to time remaining outstanding. On request the Purchaser shall produce the policy of the insurance to the Company.
d) To enable the Company to recover the Goods in accordance with Condition 23(b) the Purchaser grants to the Company, its agents and employees an irrevocable license at any time to enter upon any premises in the ownership, possession or control of the Purchaser to recover the Goods.
e) If the Contract is terminated by the Company in accordance with Condition 24, the Company’s rights contained in this Condition 23 shall remain in effect.
24 . INSOLVENCY OF THE PURCHASER
a) This Condition applies if:
b) If this Clause applies, then without prejudice to any other right or remedy available to the Company, the Company shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without liability to the Purchaser, and if the Goods have been delivered but not paid for, the price shall become immediately due and payable not withstanding any previous agreement or arrangement to the contrary.
25 . ARBITRATION
In the event one or more of the provisions in these Conditions are considered to be invalid or ineffective by a Court in relation to future legal or administrative action the other provisions will remain effective and those considered invalid or ineffective will be replaced with provisions that reflect the original intent of the Parties, to the extent permitted by law. If any question, dispute or difference whatsoever shall arise between the Purchaser and the Company upon or in relation to or in connection with the Contract, either party may give the other notice in writing of the existence of such question, dispute or difference, and the same shall be referred to the arbitration of a person to be mutually agreed upon. A submission to arbitration under this Condition 25 shall be deemed to be a submission to a sole arbitrator pursuant to any statutory modification or re-enactment thereof.
26. GENERAL
a) Only the Portuguese version of the General Terms & Conditions of Sale is binding. Other translated versions, are for convenience only. In case of discrepancies between the Portuguese version and other translated versions of these General Terms & Conditions of Sale, the Portuguese version prevails.
b) The Contract shall be governed by Portuguese Law and the parties submit to the non-exclusive jurisdiction of the any Courts within the EU.
c) If any provision of this Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent that such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
d) The parties to the Contract do not intend that any term of the Contract shall be enforceable by the virtue of the Contracts by any person that is not a party to it.
e) The Contract constitutes the whole agreement between the parties and supersedes any previous arrangement, understanding or agreement between the Company and the Purchaser relating to the subject matter of this agreement save that nothing in this Condition 26 shall limit or exclude any liability for fraud or fraudulent misrepresentation.
f) Directive 2012/19/UE Company governed by directive 2012/19/UE, responsibility for recovery and recycling at the end of product’s service life is transferred to the end Client/Holder.
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16. WARRANTY
16.1. MAIN CONTENTS
Under the framework of its commitment to quality and durability, Indelague – Indústria Eléctrica de Águeda, S.A., registered office at Rua da Mina 465 – Covão, Águeda, company registration no./tax code/VAT no. PT500806942 (hereinafter referred to as “Company”) hereby grants a warranty extending beyond legal warranty, under the terms and conditions specified hereunder, the following manufacturer warranty is for products or services with the brand names INDELAGUE, INDELAGUE ESPAÑA and/or ROXO LIGHTING. This MANUFACTURER WARRANTY CONDITIONS is part of the General Terms & Conditions of Sale of the Company.
16.2. WARRANTY PERIOD
a) The Company standardly gives five years (5) warranty for all LED luminaires, starting from the day of invoice, if not stated otherwise. Except custom-made special products, COB LED 230v modules, modified standard versions and outdoor luminaires, in accordance with the provisions stated in the table below.
| LED luminaires powered with Driver | LED luminaires powered by 230v supply/integrated converter | All Outdoor products | Standard luminaires for replaceable LED lamps/bulbs |
|
| Warranty period | 5 years | 3 years | 3 years | 2 years |
| Nominal failure rate | 0,2% per 1000 hours of operation | 1% per 1000 hours of operation | 0,2% per 1000 hours of operation | – |
| Nominal drop in flux | 0,6% per 1000 hours of operation | 5% per 1000 hours of operation | 0,6% per 1000 hours of operation | – |
b) The Company standardly gives two years (2) warranty for all non-LED luminaires, starting from the day of invoice, if not stated otherwise.
c) The Company will warrant all emergency luminaire inverters for 2 years and the emergency batteries for 1 year only, subject to full emergency lighting test procedures.
d) This conditions are only valid for standard products from the Company portfolio as shown on the Company website. These conditions are not applicable for special products or products produced or modified according to the individual order/request of the Purchaser. If goods are manufactured by the Company based on design specifications, drawings, models or other specifications from the Purchaser, the Company’s warranty is limited to careful execution. The warranty period starts on the date of the invoice.
e) Different warranty conditions must be agreed upon in writing.
16.3. WARRANTY CONDITIONS
The Company warrants that the products sold under the brand names INDELAGUE, INDELAGUE ESPAÑA and/or ROXO LIGHTING which are produced in Portugal shall be free from manufacturing, construction and/or material faults following the transfer of risk, if used for their intended purpose.
a) The warranty it’s applied exclusively upon the condition that:
Therefore, subject to compliance with the previous provisions, any operating fault resulting from a design, material or manufacturing defect, gives the Purchaser the right to a refund, exchange or free repair of the defective luminaires within a reasonable time frame and at Company’s discretion. LED luminaires that are replaced under this warranty conditions are themselves warranted for the remaining initial warranty period.
16.4. WARRANTY RESTRICTIONS
The warranty shall cover faults in materials, design and/or manufacturing and shall be applied to the entire product, excluding lamps, LED bulbs/lamps, batteries, starters and other consumable parts. The Purchaser is automatically entitled to the standard warranty and the warranty cannot be transferable (only the Purchaser can claim for a product warranty). A warranty is valid at most until the warranty period has lapsed.
a) The warranty shall not be applied to:
b) If an order, product or a service is carried out by the Company according to Purchaser design specifications, drawings or instructions that were made available by the Purchaser, the Company‘s liability does not extend to the law or correctness of design but only to the conformity of the design to the Purchasers’ specifications.
c) The warranty is not applicable for any error or failures of the product already subject to repair or replacement, neither for the lowering of the price resulting from warranty. If the conditions of warranty have been met, the warranty period will not start again. If the Company complies with this Condition 16 it shall have no further liability in relation to the defect. In particular it shall not be liable for any costs, claims, damages or expenses arising out of any tortuous act or omission or any breach of contract or statutory duty calculated by reference to profits, income, production or accruals or loss of such profits, income, production or accruals or by reference to accrual or such costs, claims, damages or expenses on a time basis.
16.5. SPECIAL CONDITIONS APPLICABLE TO POWER SUPPLY COMPONENTS AND PRODUCTS WITH LED LIGHT SOURCES
Unless otherwise stated and without prejudice to the General Terms & Conditions of Sale, the Company specifies that with regard to power supply components and products with LED light sources, the warranty is valid only on condition that:
It may be possible to agree an “extended warranty” on request, following an evaluation of the specific conditions of application.
Electrical/Optical data are subjected to a tolerance of +/-10%.
16.6. WARRANTY CLAIM
The warranty claim must be made as described in Clause 17 of the General Terms & Conditions of Sale.
16.7. LIMITATION OF LIABILITY
In no case shall the Company be held liable for any loss of profit, loss of business, or depletion of goodwill in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract. Please see Condition 18 of the General Terms & Conditions of Sale.
16.8. APPLICABLE LAW AND JURISDICTION
This warranty is subject exclusively to the Portuguese law, with the exception of the rules on conflicts of law. The Court of Commerce that has competence over the Company, will decide on any dispute that may arise, regarding the interpretation or execution of the warranty.
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It’s considered as identifiable the person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an electronic identifier or other elements that allow the identification of that singular natural person.
Who are the owners of personal data?
The Client or User, a singular natural person, to whom the data relates and who has used INDELAGUE GROUP’s (INDELAGUE and ROXO Lighting) services or products. The Client will be the person who celebrates the contract with INDELAGUE GROUP (INDELAGUE or ROXO Lighting) and the User is the person who uses the services or products of INDELAGUE GROUP, but who may be or may not be the Client. For example:
– In the business segment, the contract with INDELAGUE GROUP is in the company’s name but the Users are the clients or employees of that company;
– In the private segment, a Client will be able to purchase various services, with each person in the household who’s benefiting from the services or products, being considered a User.
In this regard, INDELAGUE GROUP informs that it also protects personal data and respects the rights of clients and users.
What categories of personal data do we process?
The categories of data we process are the following:
Identification and contact details and other identification data
Civil or fiscal/tax identification numbers, payment details, billing/installation address, telephone contact or email address; date of birth, gender
Service
Products and services acquired or subscribed
Profile and interests
Interest in INDELAGUE GROUP’s products or services, Newsletter, social networks, or other preferences and interests.
2 .Treatment of personal data
Who is responsible for the processing of your personal data?
The responsible for collecting and processing of your personal data will be the INDELAGUE GROUP company that provides you with the service or supplies you the product and that in this context decides what data is collected, the means of treatment and purposes for which the data are used.
The Data Protection Officer
INDELAGUE GROUP also has a Data Protection Officer (DPO), who:
How can I contact the Data Protection Officer?
You can contact the DPO at the following addresses:
By letter/mail: Data Protection Officer (DPO) INDELAGUE – INDÚSTRIA ELÉCTRICA DE ÁGUEDA, S.A. – Rua da mina 465, Covão, Zona Industrial EN1 Norte, 3750-792 Trofa, ÁGUEDA PORTUGAL
By Email: dpo@indelague.pt
3 . Basis for the processing of personal data
On what basis can we process your personal data?
These are the circumstances in which we process your personal data:
Consent
When you have your express consent – in writing, orally or through the validation of an option – and prior and if that consent is free, informed, specific and unambiguous. Examples are your consent for INDELAGUE GROUP to analyze the use of services and consumption profile and make recommendations or send marketing messages, to use your identification data or use of services, so to send INDELAGUE GROUP marketing messages.
or
Contract execution and pre-contractual diligences
When the processing of personal data is necessary for the celebration, execution and management of the contract celebrated with the INDELAGUE GROUP companies, such as for the preparation of a service proposal or information on the installation address, for the supply of communication services, for the contacts, information and orders management, for the billing, collection and payments management;
or
Compliance with legal obligation
When the processing of personal data is necessary to comply with a legal obligation to which the INDELAGUE GROUP companies are subjected, such as the communication of identification data or traffic data to police authorities, judicial, fiscal or regulatory entities or of location data so to provide emergency services;
or
Legitimate interest
When the processing of personal data corresponds to a legitimate interest of the INDELAGUE GROUP companies or third parties, such as, for example, the processing of data for, improvement of quality of service, detection of fraud and protection of revenue and when our reasons for its use should prevail over your data protection rights;
4 .Purposes and data processing period
How long do we process your Personal Data?
Your personal data are processed by INDELAGUE GROUP only for the period of time necessary for the accomplishment of the defined purpose or, depending on what is applicable, until you exercise your right of opposition right, right to be forgotten or withdraw your consent.
After the respective conservation period has elapsed, INDELAGUE GROUP will delete or anonymize the data whenever they should not be kept for a different purpose that may exist.
For what purposes do we process your Personal Data?
Marketing and Sales
– Marketing or sales of new products or services;
– Analysis of consumption profiles;
– Adaptation and development of new products or services.
Customer Management and Service Delivery
– Management of contacts, information or requests;
– Management of installation, activation or shutdowns;
– Management of complaints or breakdowns;
– Management of billing, collection and payments;
– Consumption analysis;
Accounting, Tax and Administrative Management
– Accounting, billing;
– Commission management;
– Tax information, including sending information to the tax authority;
Litigation Management
– Judicial and extrajudicial debt collection;
– Management of other conflicts;
Fraud detection, revenue protection and auditing
– Detection of fraud and illicit practices;
– Revenue protection and control;
– Credit risk management;
– Internal audit and investigation;
Network and systems management
Support and improvement of networks and applications that support the Monitoring service, improvement and support of the service
Compliance with legal obligations
– Track call locations to emergency services;
– Judicial requests for interception of communications;
– Investigation, detection and prosecution of serious crimes;
– Response to judicial, regulatory and supervising entities;
Control of information security
– Access management, logs;
– Backup management;
– Management of security incidentes.
Control of physical security
Video surveillance in facilities, namely Offices and Factory
What are the deadlines for processing and retaining personal data?
INDELAGUE GROUP processes and preserves your personal data according to the purposes for which they are processed.
There are cases where the law requires the processing and retention of data for a minimum period of time, namely: for one year, traffic and location data for the purposes of investigation, detection and prosecution of serious crimes or for 10 years the necessary data for information to the Tax Authority for accounting or tax purposes.
But, whenever there is no specific legal obligation, then the data will only be processed for the period necessary to fulfil the purposes that motivated its collection and preservation and always in accordance with the law, the guidelines and decisions of the CNPD (National Commission for Data Protection).
Thus, INDELAGUE GROUP will process and maintain your personal data for the period in which it maintains a contractual relationship with you.
However, the traffic data necessary for billing, for example, the destination and origin numbers of calls made, date/time of communication, duration of communication, IP address and Mac address, will only be kept for a maximum period of 6 months since the data is generated.
With regard to the video surveillance of its facilities, INDELAGUE GROUP will only keep the recordings of images and respective personal data for a maximum period of 30 days.
INDELAGUE GROUP may keep other personal data for periods longer than the duration of the contractual relationship, either based on your consent, or to ensure rights or duties related to the contract, or because it has legitimate interests that underlie it, but always for the period strictly necessary for the achievement of the respective purposes and in accordance with the guidelines and decisions of the CNPD (National Commission for Data Protection).
Examples are contact for marketing and sales purposes, preservation of data within the scope of invoice complaint processes, exercise of warranty rights, return of equipment after customer disconnection or legal proceedings, in the latter case for the period in which they were pending.
5 . Collection of personal data
How do we collect your personal data?
We collect personal data with your consent when you purchase products or services from INDELAGUE GROUP, when you download or use INDELAGUE GROUP products, services and applications or when you participate in market studies.
The collection can be done orally, in writing or through the website of INDELAGUE GROUP.
But your personal information may also be collected from publicly accessible sources or other sources.
How is your personal data indirectly collected?
In order for you to better understand this indirect data collection, we indicate the following cases:
Database Shared between electronic communications operators for contracting purposes
If you have outstanding invoices worth more than 20% of the national minimum wage, your data may be included in a debtor list. But before including your data in the list, INDELAGUE GROUP will notify you so that, within 5 days, the outstanding amount is paid and it’s proven that the debt does not exist or that it is not due. Also, in case you have a debt payment agreement, if you justify the non-payment of invoices with the operator not complying with the contract, or, if you have complained about the invoiced amount or proven that you do not owe the amount charged, you will not be able to be a part of this database. This list is shared between the participating communications operators and the INDELAGUE GROUP may use this list before taking a decision on contracting services with customers.
Other relevant information on credit risk or on identification and contact details for collection management, fraud detection and revenue protection
INDELAGUE GROUP may collect personal data from private entities that maintain relevant information on the credit of personal data holders, provided that these bases comply with the applicable data protection rules. INDELAGUE GROUP may also access, collect or confirm personal data on websites of the Public Administration and private entities, namely, to confirm the accuracy of your identification and contact data.
6.Data protection rights
What are your rights?
See below for your rights and the details of what is safeguarded in each one.
Right of access
Right to obtain confirmation on which of your personal data is being processed and information about them, such as, the purposes of the processing, the retention periods, among others. Right to see/hear or obtain a copy, for example, of invoices, written agreements or calls in which you are involved and which are recorded.
Right of rectification
Right to request rectification of your personal data that are inaccurate or request that incomplete personal data be completed, such as address, VAT number, email, telephone contacts, or others.
Right to data erasure or “right to be forgotten”
Right to have your personal data erased, as long as there are no valid grounds for its conservation, such as in cases where INDELAGUE GROUP has to keep the data in order to comply with a legal obligation of preservation for investigation, detection and prosecution of crimes or because a court case is in progress.
Right to withdraw consent or right to object
Right to oppose or withdraw your consent at any time to data processing, for example in the case of data processing for marketing purposes, provided that there are no legitimate interests that prevail over your interests, rights and freedoms, such as defending a right in a judicial process.
Right of limitation
Right to request limitation of the processing of your personal data, in the form of:
Automated profile and decisions
INDELAGUE GROUP can profile its customers based, for example, on their preferences, personal interests, service use, location, etc., in order to provide services, increase the quality and experience of products and services, adjust marketing communications, etc., provided that such treatment is necessary for the celebration or execution of the contract between the holder and INDELAGUE GROUP, thus, being based on the holder’s consent.
When the processing of personal data, including the processing for the definition of profiles, is exclusively automatic (without human intervention) and may produce effects in your legal sphere or significantly affect you, you will have the right not to be subjected to any decision based on this automatic treatment, except for the exceptions provided for in the law and you will have the right for INDELAGUE GROUP to take appropriate measures to safeguard your rights and freedoms and legitimate interests, including the right for human intervention in the decision-making by INDELAGUE GROUP, the right to express your point of view or contest the decision taken on the basis of the automated processing of personal data.
Right to complain
Right to file a complaint with the supervisory authority, the CNPD, in addition to the company or the DPO.
How can you exercise your rights?
The exercise of rights is free of charge, unless the request is manifestly unfounded or excessive, in which case a reasonable fee may be charged taking into account the costs. Information must be provided in writing but, if requested, may be provided orally. In this case, INDELAGUE GROUP must verify your identity by means other than orally.
The response to requests must be provided within a maximum period of 30 days, unless it is a particularly complex request.
Exercise your rights through the following addresses:
INDELAGUE – INDÚSTRIA ELÉCTRICA DE ÁGUEDA, S.A.
Address: Rua da mina 465, Covão, Industrial Zone EN1 North, 3750-792 Trofa, ÁGUEDA PORTUGAL
Mail: dpo@indelague.pt
Telephone: +351 234 612 310
7 . Transmission of personal data
Under what circumstances is your personal data communicated to other entities, subcontractors or third parties?
Your data may be transmitted to subcontractors so that they can be processed in the name and on the behalf of the INDELAGUE GROUP. In this case, INDELAGUE GROUP will take the necessary contractual measures to ensure that the subcontractors respect and protect the holder’s personal data.
The data may also be transmitted to third parties – entities other than INDELAGUE GROUP or subcontractors, companies with which INDELAGUE GROUP develops partnerships, if the holder has consented – or entities to which the data must be communicated by law, as the tax authority.
8 . Protection of personal data
How does INDELAGUE GROUP protect your personal data?
INDELAGUE GROUP has implemented the appropriate, necessary and sufficient logical, physical, organizational and security measures to protect your personal data against destruction, loss, alteration, dissemination, unauthorized access or any other form of accidental or unlawful processing.
The INDELAGUE GROUP has implemented:
-Logical security requirements and measures, such as the use of firewalls and intrusion detection programs in its systems, the existence of a strict policy on access to systems and information and the recording of actions carried out by the employees of INDELAGUE GROUP on personal data of clients or users (logging);
-Physical security measures, including strict control of access to the physical facilities of INDELAGUE GROUP, by employees, partners and visitors, as well as very restricted and permanently monitored access to the essential technological infrastructures of INDELAGUE GROUP;
-Means of data protection from conception (“privacy by design”), and by using technical means such as mask, encryption, pseudonymisation and anonymisation of personal data, and also a set of preventive measures favourable to privacy (“privacy by default”);
-Scrutiny, auditing and control mechanisms to ensure compliance with security and privacy policies;
-An information and training program for INDELAGUE GROUP employees and partners;
-Access rules to certain products or services for Clients or Users, such as the introduction of a password, in order to reinforce the control and security mechanisms.
9.Useful advice for the protection of your data
INDELAGUE GROUP and third party websites
Regarding the use and processing of personal data from INDELAGUE GROUP websites, be sure to consult the rules on the use of cookies on the respective websites.
The INDELAGUE GROUP websites, products or applications may contain links to third parties websites, products or services, which have no relationship with INDELAGUE GROUP or which are not covered by this Privacy Policy.
The collection or processing of personal data requested by these third parties is your sole responsibility, and INDELAGUE GROUP cannot be held responsible, under any circumstances, for the content, accuracy, truthfulness or legitimacy of these websites or for the misuse of the data collected or processed through them.
We alert INDELAGUE GROUP’s Clients and Users to this fact and to the need of, before using the websites, products or applications, reading and accepting the rules related to the processing of personal data defined by these third parties.
Other advice
INDELAGUE GROUP advises prudence in the exposure of your personal data and in the circulation of this data over the internet, acts that are the client’s full responsibility, since this data is not fully protected against possible violations, the adoption of complementary security measures, including the maintenance of equipment (PCs, tablets or mobile phones) and programs duly updated and configured with firewalls and protection against malicious software (example: antivirus), not browsing websites with dubious reputation or for which you do not have proper authenticity guarantees, the physical protection of your equipment and avoid placing access credentials on publicly accessible computers (example: cybercafés, hotels, etc.) and the use of strong passwords that are differentiated according to each service or website.
What are cookies?
“Cookies” are small text files that are stored on your computer via your Internet browser, retaining only information related to your preferences and therefore do not include your personal data.
Para que servem os cookies?
Os cookies ajudam a determinar a utilidade, o interesse e o número de utilizações dos seus sites, permitindo uma navegação mais rápida e eficiente, eliminando a necessidade de introduzir repetidamente as mesmas informações.
Que tipo de cookies usamos?
Existem dois grupos de cookies que podem ser usados:
Permanent cookies: these are cookies that are stored in the browser of your access device (PC, mobile phone and tablet) and are used whenever you visit one of our websites more than once. They are generally used to direct browsing to the user’s interests, allowing us to provide a more personalised service.
Session cookies: these are temporary cookies that remain in your browser’s cookie file until you leave the website. The information obtained by these cookies is used to analyse web traffic patterns, allowing us to identify problems and provide a better browsing experience.
What do we use cookies for?
They are used anonymously to create and analyse statistics in order to improve the functioning of the website.
Functionality Cookies: These store the user’s preferences regarding the use of the site, so that you don’t have to configure the site again each time you visit it.
Third-party cookies: These measure the success of applications and the effectiveness of third-party advertising. They can also be used to personalise a widget with user data.
Advertising Cookies: Target advertising according to the interests of each user, in order to direct advertising campaigns taking into account the tastes of users, and also limit the number of times you see the advertisement, helping to measure the effectiveness of advertising and the success of the organisation of the website.
How can you manage your cookies?
All browsers allow users to accept, reject or delete cookies, in particular by selecting the appropriate settings on the browsers in the “options” or “preferences” menu. However, by disabling cookies, you may also prevent the proper functioning of certain web services, partially or totally affecting site navigation.
Users can deactivate the use of cookies at any time by modifying their browser settings, for example:
– Google Chrome
– Internet Explorer
– Mozilla Firefox
– Apple Safari
What happens when cookies are deactivated?
Some functions and services may stop working or behave in unexpected ways, such as identifying the user on certain pages or receiving information that takes into account the user’s location, among others.
If you disable cookies on this website, it is likely that you will not be able to access certain areas or that the quality of your browsing experience will be considerably lower.
The cookies used on this website
Below is a table summarising the cookies used on this website:
| Provider | Cookies | Duration | Type | Purpose |
| www.indelague.com | allow_cookies | One year. | Permanent | To identify whether the user has already accepted the cookie policy. |
| _gid | 24 hours. | Permanent | It is part of Google Analytics. It is used to differentiate between users (see more here). | |
| _gali | 30 seconds. | Permanent | It is part of Google Analytics. It is used to identify users’ countries (see more here). | |
| _ga | Two years. | Permanent | It is part of Google Analytics. It is used to differentiate users (see more here). | |
| _gat | 10 minuts. | Permanent | It is part of Google Analytics. It is used to limit the percentage of requests (see more here). |
Additional guarantees and withdrawal of acceptance
GRUPO INDELAGUE is not responsible for the content and veracity of the privacy policies of third parties that may be included on this website.
As an additional guarantee, the recording of cookies on this website may be subject to users accepting cookies during their visit to the website and the installation or updating of the browser used. This acceptance can be revoked at any time in the content and privacy settings, as defined above in point 5 of this policy, or by using the link at the bottom of this page.
Cookies policy update
GRUPO INDELAGUE may amend this cookie policy in accordance with legal or regulatory requirements or adapt this policy to new instructions provided by law.
Whenever significant changes are made to this cookie policy, users of the website will be notified.
More information about cookies
GRUPO INDELAGUE may modify this cookie policy in accordance with legal or regulatory requirements or adapt this policy to new instructions decreed by law.
When there are significant modifications to this cookie policy, users of the website will be notified.
You can find more information about cookies at the following link: www.allaboutcookies.org
Last updated on 20 August 2022.
Tuya Inc., its affiliates and subsidiaries (“we”, “us”, “our”, “Tuya”) are committed to protecting your privacy.
This Privacy Statement (“Statement”) describes our practices in connection with information privacy on personal data we process through your individual use of the following services, products, and related mobile applications (collectively, the “Products”)
• Tuya Smart Mobile Application
• Smart Life Mobile Application
In this Privacy Notice, “Personal Data” means information that can be used to identify an individual, either from that information alone, or from that information and other information we have access to about that individual. “Smart Devices” refers to those nonstandard computing devices produced or manufactured by hardware manufacturers, with human-machine interface and the ability to transmit data that connect wirelessly to a network, including: smart home appliances, smart wearable devices, smart air cleaning devices, etc. “Apps” refers to those mobile applications developed by Tuya that provide end users remote control to Smart Devices and with the ability to connect to Tuya IoT Platform.
For other branded mobile applications powered by Tuya, our Clients control all the Personal Data collected through our Products. We collect the information under the direction of our Clients and the processing of such information shall be limited to the purpose of providing the service for which our Clients has engaged us. If you are a customer of one of our Clients and would no longer like to be contacted by one of our Clients that use our service, please contact the Client that you interact with directly.
What Personal Data do we collect
In order to provide our services to you, we will ask you to provide necessary personal data that is required to
provide those services. If you do not provide your personal data, we may not be able to provide you with our
products or services.
Information You Voluntarily Provide Us
• Account or Profile Data: When you register an account with us, we may collect your contact details, such as your email address, phone number, and user name. During your interaction with our Products, we may further collect your nickname, profile picture, country code, language preference or time zone information into your account.
• Feedback: When using feedback and suggestion features in our Products, we will collect your email address, mobile phone number and your feedback content to address your problems and solve device failures on a timely basis.
Information We Collect Automatically
• Device Information: When you interact with our Product, we automatically collect device information, such as the MAC address of your devices, IP address, wireless connection information, operating system type and version, application version number, push notification identifier, log files, and mobile network information.
• Usage Data: During your interaction with our Sites and Services, we automatically collect usage data relating to visits, clicks, downloads, messages sent/received, and other usage of our Sites and Services.
• Log information: When you use our app, the application and exception log may be uploaded.
• Location Information: We may collect information about your real-time precise or non-precise geo-location when you use our specific Products or Services, such as robot cleaner and weather service.
Smart Devices Related Information:
• Basic information of Smart Devices: When you connect your Smart Devices with our Products or Services, we may collect basic information about your Smart Devices such as device name, device ID, online status, activation time, firmware version, and upgrade information.
• Information reported by Smart Devices: Depending on the different Smart Devices you elect to connect with our Products or Services, we may collect different information reported by your Smart Devices.
For example, smart weights or fitness trackers may report your height, weight, body fat mass (BFM), BMI and
skeletal muscle mass (SMM); smart cameras may report images or videos captured by it.
Purposes and legal basis for processing Personal Data
The purpose for which we may process information about you are as follows:
• Provide You Services: We process your account and profile data, device information, usage data, location information, and Smart Device related information to provide you with our Products and Services that you have requested or purchased. The legal basis for this processing is to perform our contract with you
according to our Terms of Use.,
• Improve Our Services: We process your device information, usage data, location information and Smart Device related information to ensure the functions and safety of our Products, to develop and improve our Products and Services, to analyze the efficiency of our operations, and to prevent and trace fraudulent or
inappropriate usage. The legal basis for this processing is to perform our contract with you according to our
Terms of Use.
• Non-marketing Communication: We process your personal data to send you important information regarding the Services, changes to our terms, conditions, and policies and/or other administrative information.
Because this information may be important, you may not opt-out of receiving such communications. The legal basis for this processing is to perform our contract with you according to our Terms of Use.
• Marketing Communication: We may process your personal data to provide marketing and promotional materials to you on our Products and Services. If we do so, each communication we send you will contain instructions permitting you to opt-out of receiving future communications of that nature. The legal basis for
this processing is your consent. Additionally, if you consent to participate in our lottery, contest or other promotions, we may use your personal data to manage such activities.
• Personalization: We may process your account and profile data, usage data, device information to personalize product design and to provide you with services tailored for you, such as recommending and displaying information and advertisements regarding products suited to you, and to invite you to participate in surveys relating to your use of our Products. The legal basis for this processing is your consent.
• Legal Compliance: We may process your personal data as we believe to be necessary or appropriate: (a)
to comply with applicable laws and regulations; (b) to comply with legal process; (c) to respond to requests
from public and government authorities (d) to enforce our terms and conditions; (e) to protect our operations,
business and systems; (f) to protect our rights, privacy, safety or property, and/or that of other users,
including you; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
Who do we share Personal Data with?
At Tuya, we only share personal data in ways that we tell you about.
We may share your Personal Data with the following recipients:
◦ To our third party service providers who perform certain business-related functions for us, such as website hosting, data analysis, payment and credit card processing, infrastructure provision, IT services, customer support service, e-mail delivery services, and other similar services to enable them to provide services to us.
◦ To our customers and other business partners who provide you, directly or indirectly, with your Smart Devices, and/or networks and systems through which you access and use our Sites and Services.
◦ To an affiliate or other third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including without limitation in connection with any bankruptcy or similar proceedings). In such an event, you will be notified via email and/or a prominent notice on our website of any change in ownership, incompatible new uses of your personal information, and choices you may have regarding your personal information.
◦ As we believe to be necessary or appropriate: (a) to comply with applicable laws and regulations; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations, business and systems; (f) to protect our rights, privacy, safety or property, and/or that of other users, including you; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
◦ To subsidiaries or affiliates within our corporate family, to carry out regular business activities.
Except for the third parties described above, to third parties only with your consent.
Your Rights Relating to Your Personal Data
We respect your rights and control over your personal data. You may exercise any of the following rights:
◦ Via the “Profile – Personal Center” in our Products (for Product version 3.2 and later)
◦ By emailing us at privacy@tuya.com (for Product version before 3.2)
You do not have to pay a fee and we will aim to respond you within 30 days. If you decide to email us, in your
request, please make clear what information you would like to have changed, whether you would like to have
your personal information deleted from our database or otherwise let us know what limitations you would like
to put on our use of your personal information. Please note that we may ask you to verify your identity before
taking further action on your request, for security purposes.
You may:
◦ Request access to the personal data that we process about you;
◦ Request that we correct inaccurate or incomplete personal information about you;
◦ Request deletion of personal data about you;
◦ Request restrictions, temporarily or permanently, on our processing of some or all personal data about
you;
◦ Request transfer of personal information to you or a third party where we process the data based on your
consent or a contract with you, and where our processing is automated; and
◦ Opt-out or object to our use of personal data about you where our use is based on your consent or our
legitimate interests.
Information Security Safeguards
We use commercially reasonable physical, administrative, and technical safeguards to preserve the integrity
and security of your personal information. Tuya provides various security strategies to effectively ensure data
security of user and device. As for device access, Tuya proprietary algorithms are employed to ensure data
isolation, access authentication, applying for authorization. As for data communication, communication using
security algorithms and transmission encryption protocols and commercial level information encryption
transmission based on dynamic keys are supported. As for data processing, strict data filtering and validation
and complete data audit are applied. As for data storage, all confidential information of users will be safely
encrypted for storage. If you have reason to believe that your interaction with us is no longer secure (for
example, if you feel that the security of any account you might have with us has been compromised), you
must immediately notify us of the problem by privacy@tuya.com.
Information Retention Period
We process your personal data for the minimum period necessary for the purposes set out in this Privacy Notice, unless there is a specific legal requirement for us to keep the data for a longer retention period. We determine the appropriate retention period based on the amount, nature, and sensitivity of your personal data, and after the retention period ends, we will destruct your personal data. When we are unable to do so for technical reasons, we will ensure that appropriate measures are put in place to prevent any further such use of your personal data.
Changes to this Policy Notice
We may update this Privacy Notice to reflect changes to our information practices. If we make any material changes we will notify you by email (send to the e-mail address specified in your account) or by means of a notice in the mobile applications prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.
Legal application and jurisdiction
This policy is formulated in accordance with the laws of the People’s Republic of China and shall be governed by the laws of the People’s Republic of China.
If you have any questions about our practices or this Privacy Notice, please contact us as follows:
Tuya Inc.
Postal Mailing Address: 75 E Santa Clara St, 6th Floor, San Jose, CA 95113 or
5, 6, 7, 8 and 11th Floor, No. 3 Building, More Centre, 87 Gudun Road, Xihu District, HangZhou, China.
Email: privacy@tuya.com.
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