General conditions of use

Ecomaison (hereinafter referred to as "Ecomaison") is a simplified joint stock company with share capital of €291,000, registered in the Paris Trade and Companies Register under number 538 495 870, having its registered office at 50 avenue Daumesnil 75012 Paris:

L'Espace-services is published by Ecomaison.
The site is hosted on instances of the Google Cloud platform in the Europe - West region.

Definitions

• ADEME: French Environment and Energy Management Agency.
• Member: Producer having signed the Membership Contract with Ecomaison as part of their extended producer responsibility, and up to date with its contributions.
• Scale: scale drawn up by Ecomaison setting out the Eco-participations and forwarded to the Public Authorities for their opinion and made available to the Member.
• Product code: 11-digit identifier used to classify an item of furniture according to the Scale and associated with an Eco-participation amount.
• Code my Products and calculate their Eco-participation: Free online service, accessible via this link, in free access, owned by Ecomaison, which allows to generate the codes of the Products covered by Ecomaison according to its characteristics and to calculate the associated amount of Eco-participation.
• Find out which products are covered by Ecomaison: This free online service, accessible via this link, allows you to determine whether a product is covered by the eco-tax.
• Adhesion Contract: contract by which Producers have adhered to Ecomaison in order to meet their extended producer responsibility by declaring their marketing and paying the contributions received in return for the collection, sorting and recycling of Waste by Ecomaison, and by which non Producers access the services offered by Ecomaison.
• CGU: These General Terms and Conditions of Use applicable to the use of the Espace-services and its services.
• Waste: Product waste.
• Eco-participation: financial contribution payable by members under the Environment Code to finance all WEEE management operations.
• Espace-services : Internet site accessible via the address https://espace-services.ecomaison.com, the aim of which is to bring together services enabling Members to comply with their regulatory obligations and to benefit from the free services offered by Ecomaison to Signatories. The site is partly open access, and partly logged access for services concerning Members only.
• Unique identifier: number assigned to Members by the ADEME Register. Producers must be registered in this register.
• Locate a drop-off point for my used items: This free online service, accessible via this link, allows you to locate drop-off points open to professionals.
• Get my unique identifier: This free online service, accessible via this link, enables you to determine whether a company is a Producer and to retrieve the unique identifiers of its Members.
• Get the sorting/triman sign: Free online service, accessible via this link, which allows you to download the guide to sorting/triman instructions for Furnishing Elements.
• Producers: Manufacturers or Distributors of Products with producer status as defined in article L541-10, L541-10-1 I 10° of the French Environment Code.
• Products: these GCU concern Products subject to the provisions of articles L.541-10, L.541-10-1 I 4° of category 2, 10°,12°, 14° of category 3 and 4 of the French Environment Code.
• Collection points: collection area equipped with collection solutions.
• Signatory: Company that manufactures and/or distributes Products, whether or not it is a Producer, having signed the Adhesion Contract.
• Summary of marketing data: consolidated data based on members' marketing declarations in tonnes and units.
• User: Any user of the site or any natural person employed by it, duly authorized by the latter to have a "Espace-services" account.

Article 1: Purpose and acceptance of these GCU

The purpose of the GCU is to define all the conditions under which the services made available on the Espace-services can be used free of charge, as well as the rights and obligations of the User and Ecomaison.

The User is presumed to know and accept, without reservation, the GCU by the mere fact of using the Espace-services and all the services it provides.

Article 2: Scope of application

Acceptance of the GCU implies that the User has :

• The necessary authorizations from your employer.
• The IT tools needed to use the dedicated website and a secure browser.

The GCU apply to the use of the Service Area by all Users for its unlogged part and by Signatory Users for its logged part.

Article 3: Description of the Espace-services and availability

The Espace-services gives access to services enabling Producers to comply with their regulatory obligations and to benefit from free services offered to furniture companies that are signatories to the Adhesion Contract.

Espace-services is available 24/7.

Access to the service requires an Internet connection. Logging in requires a login and password.

Article 4: Obligations of the User

The User agrees to abide by the terms of the GCU and to use the Space-services in accordance with applicable regulations and Ecomaison's instructions. In this respect, the User agrees to refrain from using the Space-services in any illegal manner, for any illegal purpose or in any manner incompatible with the GCU.

The Adherent User must be up to date with his declarations of marketings and payment of the Eco-participation. The User must keep his billing information up to date on the Espace-services. Failure to do so does not exempt the User from paying his invoices.

Article 5: Ecomaison's obligations

Ecomaison is committed to :

• Use its best efforts to ensure that access to and operation of the Espace-services service are guaranteed 24 hours a day (24H/24) and 7 days a week (7D/7) without interruption.
• To update the information, content and data made available on the site and necessary for the proper functioning of each of the services.

Ecomaison reserves the right to suspend access to the logged-in part of the Espace-services in the event of non-declaration or non-payment of the Eco-participation.

Article 6: Confidentiality

Each User is solely responsible for the use of the Espace-services made under his/her identification. Any connection or data transmission made using the Identifiers will be deemed to have been made by the User and under his/her exclusive responsibility.

Article 7: Intellectual property

7.1 General rules

In general, the User agrees not to infringe Ecomaison's intellectual property rights (copyright, neighbouring rights, sui generis rights of database producers, trademark rights, domain names, etc.).

Ecomaison holds all intellectual property rights to the data, information and content made available, as well as to the structure and content of the Espace-services (texts, logos, images, sound elements, software, icons, layout, databases, etc.) or has regularly acquired the rights to use the structure and content of the Espace-services.

Failure to comply with these prohibitions may result in civil and/or criminal liability on the part of the User. Ecomaison grants the User, free of charge and on a personal basis, the non-transferable and non-exclusive right to use, for his/her own needs, the software and database, and the information included in the Espaces-services within the limits of the GTU.

The rights granted may not be assigned, contributed or transferred to a third party (a subsidiary of the User is considered a third party) in any way whatsoever. The rights of use are not transferable, even in the event of the transfer of the business, lease management, merger or any other operation under which the User's rights would be transferred to a third party.

The license is granted for internal use by the User, the purpose of the Espace-services being to inform the User.

The User agrees not to use the Espace-services in any way that is contrary to the GCU or the law. In particular, the User agrees not to extract or reuse data from the Espace-services other than for internal use.

The User is responsible for compliance with these terms and conditions by any of his or her staff who have access to the Espace-services.

7.2 Specific rules

As an exception to the provisions referred to in 7.1 above, the geographic information dissemination technology used on the Services Area is "GoogleMaps™ API" owned by Google™, governed by the "GoogleMaps™ API" terms of use. Any reproduction, in whole or in part, and use of the contents of "API GoogleMaps™" are subject to the terms of use of "API GoogleMaps™". Content originating from the Services Area, broadcast through the "GoogleMaps™ API" medium, is subject to the intellectual property rules written in 7.1 above.

Article 8: Applicable law and jurisdiction

Any failure by the User, wherever located, to comply with any of the provisions of the GCU and, more generally, any difficulty concerning its execution, interpretation or validity, are subject to French law and the French courts.

Article 9: Nullity of a clause

The invalidity in whole or in part of one or more provisions of these GCU, under the terms of a legal or regulatory provision or a court decision that has become final, does not entail the invalidity of the other provisions or the part of the provision not affected by the invalidity.

Article 10: Liability

10.1 -Responsibility of the User

The User acknowledges that he/she is solely responsible for the use of the Espace-services.

The User is solely responsible for the compatibility of his/her hardware, programs and software or Internet network with the Espace-services, which is designed to operate with Mozilla Firefox, Microsoft Internet Explorer, Opera 6.0 and above, Google Chrome, Safari and other browsers.

By accepting the terms of the GCU, the User expressly agrees not to harm the legitimate interests of Ecomaison and/or its partners. The User shall refrain from any type of use not explicitly provided for by law or not expressly authorized by the GCU, and in particular from modifying or adapting the Espace-services.

Ecomaison reserves the right to suspend or close the account of a User who violates the GCU, and may even incur liability. Each User is entirely responsible for the use of his/her login and password, which he/she undertakes to keep secret and not to divulge in any form whatsoever to third parties. In the event of loss, theft or fraudulent use of User IDs, the User must immediately inform Ecomaison.

Ecomaison cannot be held responsible in case of failure, breakdown, difficulty or interruption of operation, preventing access to the Espace-services. Ecomaison will use its best efforts to restore access to the Espace-services within a reasonable time.

Ecomaison may, at any time, make improvements and/or changes to the Espace-services. These updates may require the suspension of the Espace-services. The User may not make any claim in this respect. The User will then be informed of the date on which the Espace-services will be reopened.

Ecomaison reserves the right to modify the GCU at any time, without prior notice. Any modification of the GCU comes into force on the date it is put online and is immediately enforceable against the User. The User is therefore invited to consult the GCU regularly to keep abreast of any changes.

If the User does not accept the new GCU, he/she must notify Ecomaison in writing and will cease to use the Espace-services as of this notification. Upon receipt of the notification by Ecomaison, the User's access codes will be deactivated, and he will no longer have access to the logged part of the site.

Should the User fail to respect the stipulations of the GCU, he/she will be solely responsible for the consequences and will indemnify Ecomaison for any prejudice, damage, loss or costs (including legal fees) related to any request, action, complaint or claim by third parties or other Users.

10.2 Responsibility of Ecomaison

Although Ecomaison endeavours to provide reliable content on the Espace-services, it does not guarantee that its content is free from errors or omissions and cannot be held responsible for any errors or omissions in the information published on the Espace-services. Ecomaison does not guarantee the reliability of the data contained in the Espace-services and cannot be held responsible for any damage resulting from the User's use of the Espace-services. Ecomaison shall not be held liable for any direct, indirect and/or intangible damage, and more specifically for any operating loss, loss of data, damage to image or reputation or moral prejudice, commercial or otherwise, arising from a connection to or resulting from the use of the Espace-services and/or this information.

Ecomaison shall not be held liable in the event of difficulties in accessing or operating the Espace-services and, more generally, the Internet and, more particularly, the Google API, which the User expressly accepts. The User is informed that the Espace-services may be suspended without notice for maintenance and updating of data necessary for the proper functioning of the Espace-services.

The User shall refrain from modifying or interfering with the software hosted on the Espace-services by any means whatsoever.

The User acknowledges that use of the Espace-services is at his/her own risk, particularly as regards the operation and security of his/her computer system.

Espace-services may be modified, updated, interrupted, suspended or discontinued at any time, in whole or in part, without prior notice, for any technical or legal reason, without Ecomaison being held liable by the User.

Article 11: Consulting market data

The Market Data Viewer Service(accessible via this link) provides access to a summary of market data.

The data comes from quarterly or annual marketing declarations made by Members. Ecomaison undertakes to update the marketing data summaries on a regular basis, subject to signature of the Membership Contract.

It is accessible in the Loguée section of the Espace-services, reserved for Members.

Article 12: Obtaining my unique identifier

The Get my unique identifier service(accessible via this link) allows you to determine whether you are a Producer.

It is accessible to all Users.

Article 13: Products covered by Ecomaison

The "Know the products covered by Ecomaison" service(accessible via this link) lists the products subject to Eco-participation and certain products which raise questions but which are not subject to Eco-participation. The "Know the products covered by Ecomaison" service enables you to search for a product, to find out whether or not it is covered by Eco-participation, to know its Product Code and the amount of its Eco-participation.

It is accessible to all Users.

Article 14: Coding my Products and calculating their Eco-participation

The "Codifier mes Produits et calculer leur Eco-participation" service(accessible via this link) enables you to generate the Product Codes needed to declare the Eco-participation of products placed on the market to Ecomaison, and to calculate their Eco-participation amount.

Product codes are used to classify products according to their characteristics, in line with ADEME regulatory guidelines, and to invoice the Eco-participation declared.

It is accessible to both non-registered and registered Users.

Article 15: Find a drop-off point for my used furniture

The "Locate a drop-off point for my used objects" service(accessible via this link) enables you to locate drop-off points with an Ecomaison contract or agreement and equipped with an Ecomaison collection solution, where you can drop off your WEEE if you are a professional. These drop-off points can be waste collection centers, the premises of social economy players, or the sites of waste operators.

Access to the sites of waste operators and professional waste collection centers is possible on presentation of the professional card issued by Ecomaison on https://extranet-collecte.Ecomaison.fr/default/portail.

It is accessible to both non-registered and registered Users.

Article 16: Getting my sorting/triman sign

The Get my sorting sign service(accessible via this link) gives free access to the Ecomaison sorting sign/triman guide, as well as to downloadable elements related to it. Only Members can freely use Ecomaison sorting signs.

Article 17: Declaration

By making the declaration provided for in the Membership contract and paying the Eco-participation, the Member complies with the regulatory provisions relating to the extended responsibility of the producer of Products.

The "Declaration" service(accessible via this link) allows the User, who has the rights of the Member linked to the declaration, to make the quarterly or annual declaration of the Member to Ecomaison. To do so, he/she must enter the Member's choice of payment method, as well as the declaration method for the year.

If a User declares marketings for a Member of whom he is not an employee via the "Declaration" service, a delegation mandate must be signed between the Member and the representative on his behalf.

The "Declaration" service is accessible only to Users connected to the Espace-services who are attached to a Member and whose rights allow it.

Article 18: Recyclability determination tool

In accordance with the provisions of article R541-220 of the French Environment Code, Producers, importers or any other marketers of new Products are required to inform consumers of the environmental qualities of said Products. They must indicate the words "mostly recyclable product" or "fully recyclable product". 

Ecomaison provides Users concerned by the aforementioned provisions with a tool for determining the recyclability of Products. This tool(accessible via this link) provides the User with the information required by law, according to the recyclability of the product with regard to the five cumulative conditions defined by the regulations.

The tool can be downloaded in Excel format, which may change according to data updates carried out by Ecomaison. The User shall ensure that he uses the latest version made available by Ecomaison each time he uses the tool. 

Ecomaison cannot be held responsible in the event of the User providing incorrect information in the tool.