Publisher:
HELLIO SOLUTIONS, a simplified joint stock company (SAS) with capital of €2,337,000, whose registered office is at 50 rue Madame de Sanzillon - 92110 Clichy, registered in the Nanterre Trade and Companies Register under number 749 891 214.
HELLIO SOLUTIONS is a key player in the energy efficiency market, and in particular in the energy saving certificate scheme (ESC). It operates under the Hellio brand.
Site host:
HUBSPOT FRANCE, SAS, located at 91 boulevard Haussmann, 75008 PARIS - France, registered with the Paris trade and companies register under number 844 620 971.
Definitions:
Website: https://www.hellio.com
Visitor: natural person connecting to the site.
User: natural person registered on the site.
Personal information: “Information that allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies” (article 4 of law no. 78-17 of 6 January 1978).
Obligated party: person referred to in article l. 221-1 of the energy code, including any delegate company.
Delegate: company whose purpose is to pool and take charge of the energy savings obligations of obligated parties within the framework of the EEC scheme and meeting the requirements of articles r.221-5 et seq. of the energy code
These general terms and conditions of use govern the use of the https://www.hellio.com website published by HELLIO SOLUTIONS, a key player in the energy efficiency market, in particular in the energy saving certificate scheme (hereinafter referred to as the “EEC”) and specialising in the customised financing of energy saving operations. HELLIO SOLUTIONS is recognised as a “delegate structure” within the meaning of article r.221-5 of the energy code (hereinafter referred to as the “delegate company”), and as such must carry out, have carried out, or encourage the carrying out of energy-saving operations in order to meet its own energy-saving obligations.
Through the https://www.hellio.com website, Hellio offers to finance all or part of the energy renovation work on the home (hereinafter referred to as the “programme”) that is eligible for the EEC scheme. Use of the website is intended to provide the following services:Establish the beneficiary’s eligibility conditions for the various programmes offered by Hellio, which are the subject of a contract through use of the website and validation of the application by the beneficiary.Where applicable, after verification of the eligibility criteria, be informed about the financing of the work.These conditions of use govern use of the https://www.hellio.com website and determine the rights and obligations of the parties in the context of this connection. Access to the https://www.hellio.com website is free of charge. The costs incurred in accessing the service (computer hardware, software, internet connection, etc.) are borne in full by the visitor. It is forbidden to use the site for commercial purposes without the prior agreement of Hellio, on pain of legal proceedings. The visitor will not be able to claim any compensation linked to the inaccessibility of the website services due to its suspension, interruption, modification without notice for maintenance or any other reason.The visitor has the possibility of contacting the website in accordance with the provisions of article 11.
By simply browsing the https://www.hellio.com website, visitors acknowledge that they are aware of these general terms and conditions of use and accept them unreservedly. This acceptance of these general terms and conditions of use will be confirmed by the validation of the form by the visitor, preceded by the words “by clicking on ‘Validate’, I acknowledge that I have read and accepted the general terms and conditions of use and the privacy policy of the https://www.hellio.com website”. Finally, at the end of the form, the user may agree to receive information and commercial communications from Hellio or one of its partners in order to carry out their energy saving projects.By validating their request, the visitor declares that they have the legal capacity to contract under French law and that they validly represent the natural person for whom they are contracting by virtue of a mandate, or have the authorisation of a tutor, curator or legal representative. In addition, the visitor may authorise Hellio to keep and use their personal data in order to propose to them any future commercial offer relating to energy savings and the energy efficiency system, under the same conditions as those set out in article 13 “Data processing and liberties” herein. In the absence of proof to the contrary, the information recorded by Hellio constitutes proof of all transactions. Hellio reserves the right to modify the present terms and conditions at any time by publishing a new version on the site. The general conditions of use applicable will then be those in force at the date of registration on the site.
The present general conditions of use govern the relations between the users on the one hand and Hellio on the other hand, to the exclusion of all other documents such as prospectuses or catalogues issued by Hellio and which only have an indicative value. The particular conditions of the visitor cannot in any case, except with the written acceptance of Hellio, prevail over these general conditions of use. Any contrary condition opposed by the visitor or the user will therefore, in the absence of express and written acceptance, be unenforceable against Hellio, whatever the moment when it was brought to its knowledge. The fact that Hellio does not avail itself at a given moment of any provision of the present contract may not be interpreted as a waiver of the right to avail itself of the said provision at a later date.
By logging on to https://www.hellio.com, the user submits a request for financing for home renovation work. Hellio will be able to put the user in contact with a partner construction company recognised as an environmentally responsible contractor in order to carry out the work and subsidise it up to 100%, subject to the availability of a contact in the user’s geographical area.
The funding application is made online via the https://www.hellio.com website. The user fills in their personal information in order to be qualified by Hellio in order to confirm their eligibility for the grant. In accordance with article 1316-1 of the French Civil Code, the user undertakes to provide truthful identification details.Following a technical visit, where applicable, the partner contractor will issue an estimate indicating the amount of the grant financed by Hellio’s partners or will conclude that the home renovation work is technically unfeasible.The amount of the grant depends on the nature of the work planned, the type of equipment in the home and the user’s means. The user then has the opportunity to sign the estimate. This estimate commits the user to carrying out the work and to paying any outstanding balance if the proposed subsidy does not cover 100% of the work.The user expressly instructs Hellio to automatically verify their income conditions with the services of the Ministry of Public Finance using the online notice verification service. The user is informed that all the data transmitted by the online notice verification service are archived in order to constitute the energy saving certificate file in accordance with the requirements of the Order of 4 September 2014 setting the list of elements of an energy saving certificate application and the documents to be archived by the applicant. Hellio undertakes to keep this confidential data secure, in accordance with the law and regulations in force. Hellio reserves the right to refuse to offer financing for the work envisaged in the event of any request that is abnormal, made in bad faith or for any legitimate reason. The formalization of the request for a quotation constitutes a declaration by the user of the active and encouraging role of Hellio’s “obliged” or “delegated” partner in the carrying out of the work, even in the event of subsequent contact with the contractor and another organisation for the promotion of EEC.Hellio’s “obliged” and “delegated” partners are:SCA Pétrole et dérivés (RCS Paris 353 597 677),Geo France Finance (RCS Bobigny 809 131 527)HELLIO SOLUTIONS (RCS Paris 809 131 527).
Following the technical visit, the works company will draw up an estimate indicating the cost of the works to be carried out. Hellio cannot be held responsible for the amount of the estimate issued by the works company, nor for the progress of the renovation work on the property. The discount on the cost of the work is valid subject to verification of the elements of the user’s file, following verification of the characteristics of the energy-saving operation, the household’s actual income, thanks to the transmission of tax notices, and the obtaining of the signed declaration on honour.
Hellio reserves the right to refuse any application if it considers that the information or documents provided are insufficient and that transmission of the application to the national energy saving certificate centre may present a regulatory risk for Hellio or one of its partners. Applications rejected by the delegate company may not give rise to a grant. If the delegate company has incurred expenses, these rejected applications will be re-invoiced to the customer. The calculation of the amount of energy saving certificates generated by the implementation of energy saving work complies with regulatory provisions. It will be reviewed regularly in the light of changes in the regulations relating to energy saving certificates. Hellio will make its best efforts to update the functions of its calculation simulator as quickly as possible but will not be held responsible for any delay in updating.
The work is carried out at the address indicated by the visitor when registering on the site. Work completion times are given as an indication only and Hellio cannot be held responsible for them in any way.
Hellio may not, under any circumstances, be held liable for any delay in the execution of the work, or for any defects or faults that may appear following the execution of the work.Hellio endeavours to provide information on the website that is as accurate as possible. However, it may not be held liable for any omissions, inaccuracies or failures to update the information, whether caused by itself or by third-party partners who provide the information.All information on the website is provided for information purposes only and is subject to change. Furthermore, the information on the site is not exhaustive. It is given subject to modifications having been made since it was put on line.Hellio may not be held liable for any material damage arising from the site’s use. In addition, the website user undertakes to access the site using recent, virus-free equipment and with an up-to-date, latest generation browser. In this respect, users of the website must ensure that their hardware and software are in good working order.
The user has a 14-day withdrawal period without having to justify their decision or pay any penalty, in accordance with the provisions of article l.221-18 of the French Consumer Code. In order to exercise their right of withdrawal, in accordance with the legal provisions, the user shall exercise their right of withdrawal by any means, and in particular by physical or electronic mail expressing their wish to withdraw without any ambiguity, and mentioning the request concerned by this withdrawal.The request shall be sent to HELLIO SOLUTIONS - 40 - 48, rue Cambon 75001 Paris.
The site’s customer service is available from Monday to Friday, from 9.00 am to 6.00 pm, by telephone on 01 44 56 00 00, by post addressed to HELLIO SOLUTIONS - 50 rue Madame de Sanzillon, 92 110 Clichy or by email contact@hellio.com. Any complaints should be addressed to the customer service department, by electronic or physical mail to the addresses given above.
Contractual deadlines may be extended for any reason that has made it impossible for Hellio to fulfil its obligations, in particular in the event of force majeure (an external, unforeseeable and irresistible event that the seller cannot reasonably control). In addition to those normally recognised by French case law, the following are expressly recognised as cases of force majeure: any impediment to production attributable to supply difficulties, labour and material shortages, strikes or transport interruptions. These events will be deemed to be force majeure even if they do not have the unforeseeable, irresistible and insurmountable nature of events deemed by law to constitute force majeure.
Pursuant to Act 78-17 of 6 January 1978 as amended by Act no. 2018-493 of 20 June 2018, it is recalled that the personal data that is requested from the customer is necessary for the processing of the customer’s request in the context of pre-contractual measures.According to Article 6 of GDPR 2016/679 of 27 April 2016, the data controller who is responsible for the performance of a pre-contractual measures contract does not need to request the consent of the data subject.This data is kept for a period of six years (unless otherwise specified in the privacy policy charter) and is intended exclusively for the seller and its partners for the execution, processing and payment management of orders and the preparation of applications for energy saving certificates in accordance with the applicable regulations.The processing of information communicated via the “https://www.hellio.com” website meets the legal requirements for the protection of personal data, with the information system used ensuring optimum protection of such data. The user may receive further information on subsequent energy saving operations.In accordance with the national and European regulations in force, the user has the right to permanent access, modification, rectification, deletion or suppression, opposition, portability and limitation of the processing of information concerning them. This right may be exercised by electronic means or by writing to Hellio’s customer service department, whose contact details are given in article 11, or to the data protection delegate: DIPEOO, 95 avenue du Président Wilson, 93100 Montreuil– email : dpo@hellio.com
In order to enable visitors to browse the site optimally and to improve the operation of the various interfaces and applications, Hellio may install a cookie on the visitor’s computer. The cookie makes it possible to store information relating to navigation on the site (date, page, times), as well as any data entered by visitors during their visit (searches, login, email, password). Cookies are intended to be stored on the user’s computer for a variable length of time and can therefore be read and used by the publisher when the user visits the site at a later date. Visitors have the option of blocking, modifying the storage period or deleting these cookies through their browser interface, in which case navigation of the site will not be optimised. In the event that the systematic deactivation of cookies on the visitor’s browser prevents them from using certain services or functionalities provided by the publisher, such malfunctioning shall in no way constitute damage for the visitor, who shall not be entitled to claim any compensation as a result. Furthermore, the publisher reserves the right to collect the public IP (internet protocol) address of all visitors; the collection of this IP address being carried out anonymously and kept for the period required by law, and will only be intended to enable the proper administration of the services offered on the site. The publisher must communicate all personal data relating to a visitor to the police if requested to do so by a court of law, or to any person if so ordered by a court of law. The IP address may be matched with the visitor’s actual identity if this information is communicated by an Internet access provider.
These general terms and conditions of use apply subject to compliance with the mandatory provisions of the French Consumer Code relating to unfair terms in contracts concluded between professionals and consumers.
The contents of the site, the brands, domain names, products, software, images, videos, texts, or more generally any information subject to intellectual property rights are and remain Hellio’s exclusive property. No transfer of intellectual property rights is made through the present general conditions of use of the site. Any total or partial reproduction, modification or use for any reason whatsoever, without prior, express and written authorisation from the seller is strictly forbidden.
These general terms and conditions of use are subject to French law. In the event of any dispute concerning their application or interpretation, the parties agree to seek an amicable solution.
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