General terms and conditions
esimeos.com
This site is owned and operated by Belloe Limited, a Limited Company incorporated in Ireland, registered with the Registrar of Companies of Ireland under number 566942 , having its registered office at: 66 Baggot Street Lower, Dublin 2, Dublin, D02 FK85, Ireland ("Esimeos", or"we").
1. Object
As a Member, Esimeos offers you access to a database of documents (including Notices and practical guides) at esimeos.com ("Site"), which you can download at your convenience, according to your particular needs.
You can also benefit from a telephone assistance service specialized in household appliances and computers, to help you find instructions and practical guides for the operation and maintenance of your household appliances and computers. However, you are solely responsible for carrying out any interventions or manipulations on your household appliances and computers, as our Service is limited to assistance in finding Notices and not to the interventions themselves.
The C&G govern your access to and use of the Site and Services. By accepting them, you unconditionally agree to all of their terms and conditions.
When opening an account on the Site, you will be asked to tick a box confirming that you have read and accept the C&G, which will then form a valid contract between you and Esimeos.
Thank you for reading the following carefully. Do not use the Site if you do not accept the C&G. We may update the C&G from time to time, and will notify you before such new version goes live.
We may also change the structure and design of the Site, certain Services or content without notice, in order to improve your customer experience.
2. Definitions
In this document,
Account" means the account you must create to become a Member, and have access to the Services available on the Site.
Notices" refers to the database of instructions for use made available to Members from the Site.
Customer Area" refers to your personal, dedicated area, where you can access Services and Store your Notices.
Applicable Laws" has the meaning given to it in Article 16
Member" means any individual or legal entity with an Account on the Site
“Services” désigne tous produits, services, contenu, caractéristiques, technologies ou fonctionnalités qui vous sont proposées au travers du Site, y compris notamment les notices, l’assistance technique téléphonique et le service de Stockage des notices.
“Stockage” désigne le service de stockage des Notices réalisés sur le Site.
3. Opening an account
A. Conditions
You must be at least 18 years of age. You must be at least 18 years of age to access our Services, which you must certify, if applicable, when you open an Account.
Vous devez, le cas échéant, disposer du pouvoir d’engager la société que vous représentez. Vous certifiez que vous disposez du pouvoir d’engager la société ou l’entité pour le compte de laquelle vous accédez à nos Services, et que cette dernière accepte sans réserve les T&G.
B. Create an Account
The Site allows Members to register, then access the Notices search service and then store them on Esimeos's servers. You will not be able to view Notices unless you have registered, nor will you be able to access Storage unless you have first opened an Account and become a Member.
To create an Account, you must fill in the mandatory fields in the registration form (including your first and last name, telephone number and email address), and we will send you a password by email. You will also have to read and accept the present C&G and our Personal data policy.
C. Accuracy of Account Information
You certify that your Account contains accurate and true information, and agree to update it as necessary.
D. Password
You are responsible for your Account password, which you must keep confidential. You agree to notify us of any unauthorized access to your Account or any breach of the security of your Account, such as loss or theft of your login information.
4. Services
The Site is an online platform on which, as a Member:
- you can create your own personalized Customer Area on the Site, from which you can view Notices, practical guides, and Store them;
- you can benefit from a telephone hotline specialized in household appliances and computers, which will be able to assist you in your research. You will also be able to communicate and exchange with Esimeos, by email and chat.,
5. Rules of Conduct for Members on the Site
Use of the Site by Members is subject to rules. By using the Site, you agree to:
- not to infringe the rights and image of Esimeos and its affiliates, such as in particular its intellectual property rights;
- not to infringe the rights and image of entities holding rights on the Notices, such as in particular its intellectual property rights;
- not to open an Account in the name of a person other than yourself;
- not to use any device, software or other item that may interfere with the proper working of the Site, or whose purpose is to destroy, interfere with, intercept or divert any system, data or personal information; and
- more generally, not to do anything that may be contrary to Applicable Laws, and the C&G.
6. Payment
To access the Services, you must pay the monthly subscription fee for the Services (the " Subscription "), or only the trial fee, as described on the Site. Subscription prices are indicated on the Site in euros (€), inclusive of all taxes, and take into account the amount of VAT applicable on the day of subscription.
Any Subscription to the Service is concluded for an indefinite period from the date of subscription. This Subscription may be cancelled at any time.
Esimeos reserves the right to modify the amount of the Subscription and the trial offer. You will be informed in advance 10 days before the end of your current Subscription, and will then have the freedom not to renew your Subscription.
Subscription and trial offer are payable in advance, by direct debit to the payment method indicated on the Site. In the event of non-payment, Esimeos will represent the payment and, in the event of further non-payment, may freely terminate the Services, without indemnity at its expense, but without prejudice to its right to claim from you the payment of the sums due, and any compensation of which it considers itself to be the victim.
7. Intellectual Property
This Site is operated by Esimeos and its affiliates.
Our proprietary software, and the contents on the Site, including but not limited to logos, trademarks, trade names, images, text, illustrations, audio files, video files, as well as the selection, coordination and combination of such elements, are protected by copyright, copyrights and trademark law, and other intellectual or industrial property rights that are either owned by us or owned by others and for whose use we have obtained permission.
It is strictly forbidden to decompile, reproduce, copy, modify or manipulate in any way whatsoever any content present on the Site, in whole or in part.
Any use or exploitation of the Site, and its contents, other than as permitted herein, is strictly prohibited to you.
By becoming a Member, subject to the reservation set forth below regarding the owners of the rights to the Notices, you are granted a non-exclusive, revocable, personal, unlimited territorial and non-transferable license to use the Site, for your personal use, or that of the company you represent, and in accordance with the purpose of the Site and its C&G.
The license granted to you will terminate in the event of non-conforming use of the Site.
Any new versions, updates or modifications to the Site, Services or related content shall be governed by the C&G. Esimeos reserves the right to assert any rights not expressly granted in these C&G.
Under no circumstances does use of the Site and access to the Notices allow you to reproduce or publicly distribute the Site and Notices, to transfer, sell, rent or lend them, in whole or in part, or to make them available to third parties other than as permitted by the C&G.
Esimeos and its affiliates do not claim for themselves, for you or for third parties, any intellectual property rights on the documents included in the databases to which you may have access as a result of accepting these C&Gs.
Insofar as it does not itself own any specific property rights in the Notices to which you may have access on the Site, Esimeos does not assign or grant you any intellectual property rights in them. The Notices have been included in Esimeos's databases because they are freely available on the Internet, or because access to them on the Site has been previously authorized by the holders of the rights to these Notices. Only a Notice search and telephone assistance service is provided as part of the Subscription.
8. Role of Esimeos/ Limitation of Liability
By accepting the C&G, you acknowledge and agree that Esimeos has no control whatsoever over the nature, quality and legality of the Notices. You accept that Esimeos, in its capacity as a simple service provider for the search of Notices, is neither the owner nor the author of the Notices, which remain the sole property of the manufacturers concerned. The latter are solely responsible for the content of the Notices.
We are not responsible for the use of the Notices. You are solely responsible for the use you make of these Notices, Esimeos declining all responsibility in this respect, which you acknowledge and accept without reservation.
You agree to sue Esimeos and its affiliates only for damages based on information provided directly by them. If you bring an action against anyone other than Esimeos or its affiliates, you hereby expressly waive any and all claims against Esimeos and its affiliates in connection with such action.
9. Account Suspension, Access Limitations and Termination
You may terminate your contractual relationship with Esimeos at any time by closing your Account in your Customer Area. The deletion will take effect immediately and your subscription will be automatically terminated.
If you fail to comply with your commitments under the C&G, or if we have good reason to believe that the security and integrity of Esimeos, Members, or third parties are at risk, we reserve the right to immediately terminate the C&G binding you to Esimeos and close your Account.
If necessary, you will be notified of such a measure to enable you to respond. Esimeos may decide at its sole discretion to terminate the measures put in place.
10. Personal Data
We collect and process some of your personal data. By using the Site and registering as a Member, you acknowledge and consent to the processing of your personal data in accordance with our Personal data policy.
11. Accessibility and functionalities
We will use our best efforts to maintain continuous accessibility to the Site. However, access to the Site and use of certain features may be suspended or interrupted without notice due to maintenance, migration, upgrades, network outages or constraints, or for other technical reasons.
We reserve the discretion to modify or suspend all or part of your access to the Site or its features, temporarily or permanently.
12. Hyperlinks
Site may contain links to other sites. We have no control over these sites, and are not responsible for their content. By clicking on these links, you acknowledge that we disclaim any responsibility for the content of these sites, and that we have no specific connection with the persons or entities responsible for these sites.
13. Modification of C&G
These C&Gs and the documents expressly incorporated herein express the entire agreement between you and Esimeos regarding your use of the Site and Services.
Esimeos may modify these C&G in order to adapt them to the technological and commercial environment, and to make them compliant with the legal and regulatory environment. Any modified version of the C&G will be posted on the Site with its effective date, and Esimeos will notify you of such changes before they take effect.
14. Right of withdrawal and refund policy
No request for a refund of a subscription is authorized if it is received after the expiration of a period of fourteen (14) days from the first subscription to the services..
All requests for refunds prior to the expiration of the fourteen (14) day period can be made by phone or email via our customer service department. Customer service will respond within 48 hours and refunds will be processed within 72 hours.
No refund request can be received after the expiration of a period of fourteen (14) days from the subscription to the services.
15. Applicable Laws, Dispute Resolution
The C&G are governed by Irish law, without prejudice to the application of specific rules relating to (i) general conflict of laws rules, and (ii) consumer protective public policy rules of the country from which you access the Services (the " Applicable Laws ").
The public policy provisions of the Irish Consumer Code protecting consumers are thus incorporated into the T&C, by reference, and in particular subject to the reservations referred to in Article 14.
In the event that the dispute cannot be resolved amicably, you agree to submit all disputes to the competent courts within the jurisdiction of the Dublin Court of Appeal.
Esimeos will also reserve the right to initiate, depending on the nature of the dispute, proceedings in your country of residence or, if you have entered into the C&G in the course of a trade or profession, in your principal country of operation.
16. Update date
Version 1.0 01/11/2024
