EN
1. Presentation
Hestiia is a simplified joint stock company whose capital is 30,191 euros, registered with the Paris Trade and Companies Register under number 818671588, intra-community VAT number FR93818671588, whose head office is located at 128 rue de la Boétie, 75008 Paris, hereinafter referred to as “hestiia”.
The Site and the Products are operated by the company hestiia, which can be contacted at the following coordinates:
Email: [support@hestiia.com]
Telephone: +33 2 59 50 33 43
As a Software publisher, the company hestiia authorizes the Customer to use it according to these Terms of Use.
As the publisher of the Site, the company hestiia authorizes the Customer to use it in accordance with these General Terms of Use.
1. Defined terms
Unless otherwise specified in these General Terms and Conditions of Use of the Site (“CGU”) and Conditions of Use of the Software (“Terms of Use”) or other contractual documents, the plural form of a term or expression defined in the singular form (and vice versa) will have the same meaning as that given in the definition concerned.
” Device ”
Refers to the system integrating and allowing the Software to be used, in this case MyEko Pro®.
” Customer ”
Any natural or legal person, consumer or professional, acting on their behalf, making a purchase of a Product from the Company hestiia and bound herewith.
” Consumer ”
Refers to a consumer within the meaning of the preliminary article of the Consumer Code, i.e. any natural person who acts for purposes that do not fall within the scope of his commercial, industrial, artisanal, artisanal, liberal or agricultural activity.
” License ”
When the Customer purchases Software, he obtains a license granting him the rights to use it, the documentation, the interfaces and all the data accompanying the Device, as described in these Terms of Use, which may be updated or replaced by Software updates or system recovery Software provided by hestiia (“Software Updates”). hestiia retains ownership of the Software and reserves all rights not expressly granted to the Customer.
” Software ”
Refers to application software developed to be used on one or more Devices.
” Parties ”
The Customer is Hestiia.
” Products ”
All Software and Devices presented on the www.hestiia.com website (hereinafter referred to as the “Site”).
” Professional ”
Any natural or legal person acting for purposes that mainly fall within the framework of a commercial, liberal, industrial, craft, or agricultural activity. Exclusive consumer quality.
” Site ”
The hestiia.com website operated by the company hestiia
1. Scope of application
These Software Terms of Use (“Terms of Use”) apply to the use of all Software on Devices.
The fact that any Customer uses a Product implies full and complete acceptance of these General Conditions of Use (“CGU”) and Conditions of Use. The Customer explicitly acknowledges having read it prior to the conclusion of a Pre-Order, an Order, the installation of the Product or during an Update.
In accordance with the provisions of article 1127-1 of the Civil Code, these terms may be kept by any person visiting the Site (by means of a computer recording) and may also be reproduced (by means of printing them on paper).
The publisher, as a Software publisher, may modify these Terms of Use during its execution, subject to notifying the Customer. Notification may be made by any means, including in the form of a notification in the Software. The changes will come into force after a period of one (1) month from the date of notification. The user may oppose the changes by ceasing the use of the Software.
In the event that, after the date of their deletion from the Site and their replacement, these terms and conditions would nevertheless remain accessible to the public via other websites or by any other means, they would however no longer be enforceable against the company hestiia.
These may be supplemented, if necessary, by a Sales Contract and instructions for the technical use of the Products available for delivery.
2. Product Information
myEko Pro® is an electric heating device that reuses the heat from computer cards to heat homes.
An Ethernet connection to a dedicated Internet network should be provided to allow optimal functioning of your MyEko Pro® system.
myEko Pro® comes with a mobile application (available for iOS and Android) to control the Devices.
3. Obligations and responsibilities of the Parties
a. Responsibilities related to the conformity of the Product
hestiia guarantees that its Products comply with the specifications described in their technical instructions. Consequently, hestiia cannot be held responsible for any contrary use. The Customer assumes all responsibilities other than that of ensuring that the Products comply with specifications.
The indications provided by hestiia, in particular on the power released by a Product and the energy consumption of a Product, are evaluated on the basis of existing technology at the time of sale. They are given for information purposes only.
The Customer is solely responsible for the proper functioning of his own equipment, for the compliance of his environment with the specifications contained in the technical instructions and for the quality of his access to the Internet.
The Customer expressly acknowledges having received from hestiia all the information necessary to enable him to assess the suitability of the Product to his needs.
b. Responsibilities related to a Product failure
Hestiia cannot be held liable for damages resulting from natural wear and tear, inappropriate use, incorrect assembly or commissioning by the Customer or a third party, incorrect or negligent handling and excessive use, nor for damage related to any other event attributable to force majeure as defined by the consistent French case law on the subject and not attributable to hestiia. This also applies if the Customer or a third party does not allow hestiia to remedy a defect found.
In any event, the liability that may be incurred by hestiia under these terms is expressly limited to only proven direct damage suffered by the Customer and attributable to hestiia. The total liability of hestiia towards the Customer for any damage (other than what the law may require in cases involving an injury) will in no case exceed the sum of two hundred and fifty euros (250€).
The Customer declares to be insured for damage caused to third parties due to his equipment.
In the event of a failure, failure or a request for recovery, the Customer undertakes to ship, at the expense of hestiia, these elements of the Product, in order to carry out the necessary repairs or changes.
The Customer expressly acknowledges and accepts that, within the limits authorized by the legislation in force, the use of the Software remains at his own risk and that he assumes the entire risk, in a reasonable manner, relating to the quality, performance, accuracy and handling of the Software.
hestiia does not guarantee the absence of problems when using the Software, the adequacy of the Customer's needs to the functions or services contained in or provided by said Software, the non-interruption or absence of errors in the operation of said Software and services, the continued provision of services, the continued provision of services, the correction of any defect in the Software, the compatibility of the Software, or its proper functioning with software, a third party application or service.
4. IT resources and telecommunications
The Customer is responsible for setting up computer and telecommunications resources allowing access to the Site and the use of the Products. Telecommunications costs remain at its expense when accessing the Internet and using the Site and the Products. The various costs inherent in the use of the Product, in particular electricity or any other service delivered by third parties, are the responsibility of the Customer.
The Customer is fully responsible for the proper functioning of all of its computer equipment and its connection to the Internet. It ensures that this equipment does not present problems or viruses. He takes care to set up sufficient security to prevent any intrusion by a third party.
The Customer assumes the technical risks, in particular related to a power outage, an interruption of connections, a malfunction or the overload of networks or systems. hestiia cannot be responsible for the risks relating to Internet access and the risks relating to the transmission of remote data by or to the Customer, in particular in the event of a conflict between the Customer and its Internet access provider, in relation to the confidential/personal nature of the data transmitted., transmission cost, network maintenance Internet or service interruptions.
hestiia cannot be responsible for risks relating to access to electricity, in particular in the event of a conflict between the Customer and its electricity supplier, in relation to the cost per kWh, the maintenance of the electrical network or service interruptions.
A Wi-Fi or mobile data connection is required for some features of the Software. In the absence of a permanent connection, the provisions of Article 8 could apply.
5. Responsibilities related to the use of the Products and the Site
a. Prohibited behaviors
The Software License is a personal, non-exclusive license.
It is strictly forbidden to use the Software:
(a) for commercial purposes, to distribute it, to charge for its use or to serve any other public service without the express permission of hestiia and, in the case of a third party publisher, without that of this publisher.
(b) lease, rent, license, license, publish, modify, adapt, or translate all or part of the Software
(c) emulate the software.
(d) to the fullest extent permitted by law, the Customer is not authorized to reverse engineer, decompile, disassemble, or copy any portion of the Software, or to create derivative works from, or to attempt to create the source code of the Software from its object code.
(e) to deactivate or circumvent any encryption, security, or authentication mechanisms protecting the Devices or any Software, or in order to illegally access or interfere with any account, service, system, system, hardware, software, in any way.
(f) engage in activities that are illegal, fraudulent or that infringe the rights or security of third parties;
(g) engage in an act or activity that diverts the Products for purposes other than those for which they were designed. Customers are strictly prohibited from copying and/or diverting the concept, technologies and other elements of hestiia for their own purposes or those of third parties.
(h) Intercept, consult, derive, block, block, use, decrypt the data that passes between the servers belonging to hestiia and the computer calculation cards
(i) any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Products and the Site;
(j) Any acts likely to infringe the financial, commercial or moral rights and interests of hestiia or its Customers;
(k) assist or induce, in any form and in any manner whatsoever, to one or more of the acts and activities described above;
(l) more generally, any breach of these Terms and Conditions of Use, violation of public order or violation of laws and regulations in force;
b. Third-party links, sites, services, and materials
The Site may contain hypertext links to other websites that do not belong to or are not controlled by hestiia. hestiia has no control over the content, personal data protection policies or practices of third party sites and declines all responsibility in this regard.
hestiia is a third party to any relationship established between the Customer and an advertiser, professional or merchant (including its Partners) present on the Site. hestiia cannot be a party to any dispute arising from this relationship.
The Software may activate other services and websites offered by hestiia and by third parties. The use of these services requires access to the Internet and some services require the communication of the hestiia identifier, the acceptance of additional terms of service and may be subject to additional fees.
6. Responsibilities related to the transfer of Products
The Customer may not rent, lease, lend, sell, redistribute, or sublicense the Software. However, he may make the single and permanent transfer of all his rights to the Software to another party as part of the transfer of ownership of his Device, provided that: (a) this transfer includes the Device and all of the Software, including all of its components, as well as this License; (b) that he does not keep any copy of the Software, complete or partial, including all copy stored on a computer or any other storage unit; and (c) that the beneficiary party receiving the Software takes note of and accepts the terms and conditions of this License.
In the event of the transfer of the building in which the Product was incorporated, the Customer has several options.
(a) The Customer undertakes to transfer to the transferee the rewards allowed by the use of the Software from the date of transfer of the building. It is the responsibility of the Customer - owner of the building - to inform the transferee of the specificities of the Product. hestiia can in no way be held responsible for a breach by the transferor of this obligation.
(b) The Customer decides to transfer the Devices to their new home or premises.
In these situations, the Customer informs hestiia from its application or on the Site.
7. Force majeure
hestiia is not responsible for losses that were not caused by a fault on its part but by the occurrence of a third party or the Customer or a case of force majeure; commercial losses (profits, profits, contracts, contracts, expected economic, economic, economic, expected, economic, data, customers, or superfluous expenses); and losses, indirect or consecutive, that were not foreseeable on the day the Pre-Order or Order was placed.
Force majeure refers to any event that is beyond the control of the Parties and that is impossible to predict and overcome. Thus, hestiia cannot be held responsible for delays or non-fulfilment of its contractual obligations resulting from the occurrence of events beyond its control, such as in particular: meteorological disturbances, absence or suspension of electricity supply, lightning or fire, lightning or fire, decision of a competent administrative authority, decision of a competent administrative authority, decision of a competent administrative authority, war, public disturbances or other events beyond the reasonable control of hestiia.
8. Penalties
In the event of a breach of any of these provisions or, more generally, of a violation of the laws and regulations in force by the Customer, hestiia reserves the right to take any appropriate measures and in particular to:
(a) Suspend or terminate the Pre-Order or the current Order;
(b) Suspend or terminate this License;
(c) Notify any authority concerned.
9. After-sales service
In the event of a defect or failure, the Customer may contact hestiia:
- From its mobile application
- By email to the address: [support@hestiia.com] (mailto: support@hestiia.com)
- By phone at +33 2 59 50 33 43 from Monday to Friday from 9 am to 7 pm (free call from a landline).
10. Guarantees
The Products sold by hestiia are subject by operation of law, and without additional payment, to applicable legal guarantees. The legal regime as well as the applicable legal guarantees differ depending on whether the Pre-Order or the Order was made by a Customer qualified as a Professional or a Consumer.
10.1 Consumer Customer Guarantees
hestiia is required to apply legal guarantees of conformity (articles L.217-4 to L.217-13 of the Consumer Code) and hidden defects (articles 1641 to 1649 and 2232 of the Civil Code) under the conditions provided for by law.
hestiia informs the Consumer Customer that, when the latter acts as a legal guarantee of conformity:
He has a period of two years from the delivery of the property to act;
He can choose between repairing or replacing the goods, subject to the cost conditions provided for in article L.217-9 of the Consumer Code;
He is exempt from providing proof of the existence of the lack of conformity of the goods during the 24 months following the delivery of the goods.
The legal guarantee of conformity applies regardless of the commercial guarantee granted by hestiia.
It is recalled that the Customer may also decide to implement the guarantee against hidden defects in the item sold within the meaning of article 1641 of the Civil Code. In this case, he can choose between the resolution of the sale or a price reduction in accordance with article 1644 of the Civil Code.
To implement these guarantees, the Customer contacts hestiia by email at [support@hestiia.com]
However, hestiia declines any responsibility or guarantee in the case of misuse of the Product, in the case of misuse by the Customer, in the case of a modification of the Product and/or in the case of normal wear and tear of the Product.
The Customer benefits from an additional warranty offered on parts and labor on the Devices of 3 years.
In addition, preventive maintenance is carried out every 5 years on the heater of the appliance.
10.2 Warranty Disclaimers and Limitation of Liability
All routine maintenance operations on the Device are not covered and remain the responsibility of the Customer.
Guarantees do not apply in the following cases:
1. if the defect has its origin in a case of negligence or abnormal use attributable to the Customer, in particular in the use of the Product for purposes other than those for which it is intended;
2. in the event of defects resulting from interventions by the Customer on the Product, not authorized by hestiia;
3. in case of replacement of a part of the Product purchased from another seller;
4. in case of flooding, earthquakes, break-ins or vandalism.
For the repair, modification or replacement of parts out of warranty, an estimate after analysis by hestiia is offered to the Customer.
Any other claim, in particular for compensation for direct and indirect damage not suffered by the Product delivered, is excluded.
Complaints of defects and warranty claims do not under any circumstances release the Customer from his obligation to pay within the agreed deadlines.
11. Availability of spare parts
In application of article L.111-4 of the Consumer Code, the spare parts essential for the use of the Device are available over a period of 5 years. In the event of impossibility, attributable to the manufacturers, to supply one of them beyond this period, hestiia will offer the Customer an equivalent alternative.
12. Software Update
hestiia could make future updates of the Software available, remotely and physically:
(a) to ensure that the Software works as intended (in other words, to resolve bugs and other glitches) and to improve its effectiveness;
(b) for security reasons;
(c) to adapt the Software to a new system or technical environment;
(d) to improve the Software. If applicable, these updates may not necessarily include all existing Software features or new features published by hestiia in the case of newer Devices or other models. The terms of this License govern the updates to the Software provided by hestiia, unless these updates are accompanied by a separate license; in which case the Customer must accept that the terms of this license apply.
The Device will periodically check for Software Updates remotely. Any available update can be automatically downloaded and installed on the Device. By using the Software, the Customer authorizes hestiia to automatically download and install Software Updates on his Device. The Customer can completely deactivate Automatic Updates at any time by modifying the automatic update settings available in the application. However, some Updates (point (a), (b) (c) of this Article) will remain mandatory for the long-term use of the Product, otherwise Article 8 would apply.
hestiia may also offer a physical Update to the Software, taking the form of a change in the electronic cards contained in the Device. The Customer is invited to send, at the expense of hestiia, the old electronic cards to receive new updates.
The use of the Device or the download of an Update, if applicable, implies that the Customer accepts the terms of this License. If he disagrees with the terms of this License, he does not use the Device and does not download the Update.
13. Intellectual property
All software, designs, texts, images, images, sound recordings, sound recordings, sound recordings, animations, brands and other works included in the Products are protected by intellectual property rights and belong to hestiia. No ownership rights are transferred to the Customer or to third parties.
All trademarks, patents, registered designs and copyrights attached to the Products, as well as all other intellectual property rights and database rights relating to hestiia, remain the full and exclusive property of hestiia. The Customer prohibits any reverse engineering activity on the Products.
The Site is the exclusive property of hestiia, which holds all related intellectual property rights. Its content may not be modified, copied, distributed, reproduced, reproduced, reproduced, downloaded, downloaded, downloaded, downloaded, posted, transmitted, or sold in any form or by any means, in whole or in part, without the prior written consent of hestiia.
If the Customer infringes its intellectual property rights, hestiia reserves the right to take all appropriate measures in order to put an end to these actions.
The reproduction of documents communicated as part of the sale of a Product is only authorized for the exclusive purpose of information for strictly personal and private use.
14. Protection of personal data
At all times, personal information concerning the Customer and the measures taken for their conservation are available at
https://www.hestiia.com/conditions-d-utilisation
15. Applicable law and language
These Terms and Conditions of Use of the Software are subject to French law. They are written in French. In the event that they are translated into one or more languages, only the French text would be authentic in the event of a dispute.
16. Autonomy of the clauses
If one or more provisions of these Terms and Conditions of Use of the Software are held to be invalid or unenforceable under a law, regulation or judicial decision that has become final, the other provisions of these Terms of Use will remain valid and applicable.
On the other hand, the temporary or permanent non-application or the absence of claim, by hestiia, of a right that it derives from one or more clauses hereof does not constitute a waiver on its part to invoke this right or the other clauses.
17. Dispute resolution, mediation and jurisdiction
17.1 Customer Consumer
In accordance with the European Directive 2013/11/EU of May 21, 2013 transposed in France by Ordinance No. 2015-1033 of August 20, 2015 and Decree No. 2015-1382 of October 30, 2015, hestiia provides the Consumer Customer with a free system for mediating consumer disputes, accessible online on the internet (https://www.cnpm-mediation-consommation.eu/) or by post writing to:
CNPM - MEDIATION - CONSUMPTION
27 Avenue de la Libération
42400 SAINT-CHAMOND
The Consumer can use the European Commission's online dispute resolution platform in order to resolve the dispute via: http://ec.europa.eu/odr
Recourse to mediation is only possible provided that (i) the Consumer Customer first tried to resolve the dispute directly with hestiia by a written complaint, for which no response was given within ninety (90) days from receipt of the complaint or for which no satisfactory response was given to the Consumer Customer by hestiia, (ii) that his request is not clearly unfounded or abusive and (iii) the dispute has not already been examined by another mediator or by a court.
The Consumer Customer has a period of one year from the date of their written complaint to hestiia to submit their request to the Mediator.
The Consumer Customer may refer, pursuant to article R.631-3 of the Consumer Code, either to one of the courts with territorial jurisdiction under the Code of Civil Procedure, or to the jurisdiction of the place where he lived at the time of the conclusion of the Contract or the occurrence of the harmful event.
17.2 Professional customer
In the event of a dispute, the most diligent party contacts the other party by registered letter with acknowledgement of receipt in order to attempt an amicable settlement within an appropriate period of time. In the absence of an amicable settlement within the time limit thus fixed, either party may then decide, within fifteen days following the expiry of this period, to resort to a mediation procedure.
In the event of an amicable settlement of the dispute or the conclusion of mediation, the parties must agree on the terms of a transactional protocol, within the meaning of article 2044 of the Civil Code, to be drawn up in order to put an end to their dispute. Any mediation costs will be divided between the Parties, for half each, unless otherwise agreed. In the event of failure of the amicable settlement and/or mediation, or if the urgency, duly justified, of the order, is duly justified, the most diligent party may refer the matter to the competent court of the city of Nantes.
