Effective as of March 26, 2024
These Terms and Conditions of Use (hereinafter referred to as "TCU") are intended to define the terms and conditions under which Leroy Merlin France provides its mobile application Enki and the available services (hereinafter referred to as "Enki Service(s)") to users (hereinafter referred to as "User(s)").
For a specific Enki Service, the latest version of the TCU shall prevail over previous versions.
Article 1: Legal Notice
The Enki mobile application (hereinafter referred to as "Enki App") is published by: LEROY MERLIN France, a French public limited company (SA) with a share capital of €100,000,000.00, whose registered office is located at Rue Chanzy, 59712 Lezennes, and registered in Lille under the RCS number 384 560 942 (hereinafter referred to as "Enki").
Mr. Laurent Glaser is the Publication Director in his capacity as Deputy General Manager, ENKI Business Leader for Leroy Merlin France.
Article 2: Purpose and Scope
These TCU constitute the general terms and conditions of the App. Please read this page carefully. Users are advised to download and/or print them and keep a copy. If the User does not accept the defined terms and conditions, the latter will not be able to use the Enki App. The TCU apply to any use of the Enki App.
The TCU are deemed to be concluded between the User and Enki upon the User's registration on the Enki App.
Enki reserves the right to modify the TCU subject to applicable law. The fact that the User continues to use the Enki Service signifies that the User continues to accept the terms of the TCU.
The User may access the most recent version of the TCU from the "Privacy" section contained in the Enki App. All Users will be informed of any changes to the TCU so that they can continue to use the Enki Services with full knowledge of the facts.
If the User no longer agrees with these terms of use, the User may request to delete their Enki account at the following address: support@enkiapp.zendesk.com.
These TCU are subject to French law. The language of these TCU is French.
Article 3: User Account
The creation of a User account is a prerequisite for the User to access and use the Enki Services.
The creation of a User account is carried out without any financial compensation from the User. The equipment (smartphones, tablets, etc.) enabling access to the Enki App and the Enki Services shall be the responsibility of the User, as well as the communication costs incurred by their use.
Only one User account may be created per email address.
The User undertakes to provide only accurate and truthful personal information and data. In particular, the User undertakes not to impersonate others.
When creating an account, the User must choose a password. It must be sufficiently secure (including uppercase letters, lowercase letters, numbers, and special characters, to be renewed regularly by the User).
It is the User's responsibility to keep their password confidential. The User is solely responsible for the use of their account. Any use of the Enki Services, connection or transmission of data made through their account with their email address and password shall be presumed to have been made by that User and under their exclusive responsibility, unless a written and duly justified notice is sent to Enki by email at the following address: support@enkiapp.zendesk.com.
Enki cannot distinguish between normal use and fraudulent use of your credentials and therefore encourages its Users not to distribute their credentials.
The User may delete their account at any time from the Enki App, in the "My Account" section, or by sending a request via the email address used to create their account to the following address: support@enkiapp.zendesk.com.
Enki Support reserves the right to request proof of identity from the User before deleting the User account. Enki may temporarily or permanently close a User's Account, without notice or compensation, and thus interrupt or terminate the services usually provided in the following cases:
- Failure to respond to a request for User authentication,
- Use of methods, through or via the User's account, aimed at disrupting the general operation of the Enki App or any other site, application or Enki systems,
- Publication of illegal offers, needs or information,
- Fraudulent activities.
Furthermore, Enki may temporarily or permanently close a User's account, without compensation, but subject to the sending of a formal notice by email, which the User fails to rectify within two (2) calendar days, in the event of any other breach of the TCU by the User.
The User may contact Enki Support either by message directly from the Enki App, or via the enki-home.com website in the Help section, or in France by telephone at 0806 800 886 (French only, cost of a local call).
Enki Support is open from Monday to Saturday, from 9am to 1pm and from 2pm to 6pm.
Article 4: Intellectual Property
The Enki App and its content (hereinafter referred to as "Enki Content") are the exclusive property of Leroy Merlin France. It is forbidden to modify, copy and reproduce Enki Content without its prior written authorization.
The trademarks, logos, graphics, drawings, photographs, animations, videos, computer codes and texts accessible on the App are the exclusive property of Enki and may not be reproduced, used or represented without the express authorization of Enki, under penalty of legal action.
In particular, Users are prohibited from modifying, copying, reproducing, downloading, distributing, commercially exploiting and/or distributing in any way whatsoever and for any purpose whatsoever the pages of the Enki App or any other element of the Enki App (software, visual or sound, etc.) as well as the computer codes of the elements composing them.
Article 5: User Commitment
Users undertake to use the Enki App in accordance with the purpose of the Enki Services. To this end, Enki does not interfere in the Enki Services other than through the optimization suggested to Users, nor in the acceptance of the Enki Services.
In order to guarantee optimal operation of the Enki Service, Users undertake to:
- (i) have an active communication network in good working order and
- (ii) have an active internet plan.
Article 6: Responsibility
Enki shall not be held liable, either towards third parties or the User, for the consequences of using the Enki App, searches by the User or omissions following an unsuccessful, defective, partial or erroneous action, or the misuse of the responses and texts consulted.
Under no circumstances shall Enki be held liable for any non-consequential damages, of any nature whatsoever, including but not limited to loss of business, loss of data or any other financial loss resulting from the use or inability to use the Services covered by these Terms. Furthermore, no assistance provided by Enki in the use of the Enki Services can create an additional warranty in relation to these conditions.
The User is solely responsible for access to the Enki Services and any use made thereof shall remain the responsibility of the User before any modification or cancellation of the means of access. Each User is solely responsible for the use of the Enki App and Service, which the User uses at their own risk.
Enki reserves the right to remove or delete any information from this Service at any time at its sole discretion.
To the extent permitted by applicable law, Enki makes no warranties of any kind, express or implied, including, but not limited to, the merchantability of the Services or the Enki App and their fitness for a particular purpose. Given the various hazards associated with the combination of several technologies implemented, Enki warns the User that the Services provided require additional precautions to be taken by the User and the occupants of their home and/or authorized third parties in order to avoid serious material, non-material and bodily consequences for the occupants of the User's home, such as burglary, fire, flooding in the home. These additional precautions include:
- periodic testing, under the close supervision of the User, of the proper functioning of the objects connected to the Enki Services provided by the Enki App and when adding each new connected object.
- setting up scenarios that present no risk to the occupants of the home, taking into account the environment of the home and any specific situation relating to each occupant (e.g.: young children, presence of animals, persons with reduced mobility).
- regular maintenance and verification of the connected objects or the configuration of the remote control Services for the connected objects by a professional. Enki cannot be held liable for any damages, particularly material, non-material and bodily, resulting from or consecutive to a burglary, fire, explosion or flooding, if Enki, the Enki Services and/or the Enki App are not the cause thereof.
Similarly, Enki cannot be held liable for any damages, particularly material, non-material and bodily, resulting from or consecutive to a burglary, fire, explosion or flooding, if Enki, the Enki Services or the Enki App are the cause thereof but the User has not taken any precautions regarding the use of the Enki Services or the Enki App.
Furthermore, Enki cannot be held liable for repairing any indirect damages suffered by the User when they do not result directly from the failure of the Enki Services provided by the Enki App. Likewise, Enki cannot be held liable for repairing any damages suffered by the User that result directly from the failure of the Services provided by the Application without the User observing the precautions for using the Enki Services or the Enki Application.
These TCU do not in any way replace the insurance contracts that the User must take out to cover all risks that may affect the occupants, the home and the property contained therein (including but not limited to fire, burglary, flooding, explosion).
Article 7: Force Majeure
The following events shall be deemed to constitute force majeure, irrespective of the criteria of irresistibility, unforeseeability and externality if they are beyond the control of the parties and even if they are only partial:
- cessation of energy supply, failure and/or interruption of transmission networks including access to the Internet;
- prohibitions or restrictions by public authorities on the provision of telecommunications services, in particular any interruption of Enki Service expressly requested by an administrative authority or competent court;
- breakdown and/or sabotage of telecommunications equipment, computer hacking acts;
- fire, lightning, flood and other natural disasters, water damage, exceptional weather conditions, damage, epidemic, riot, war, civil war, insurrection, attack, explosion, act of vandalism;
- total or partial strike.
These various events shall constitute cases of force majeure concerning Enki or its partners. Any case of force majeure shall suspend the obligations of these TCU affected by it for its entire duration and as long as the effects of the force majeure are felt, without the liability of Enki or its partners being engaged or without the latter being liable for any compensation.
Article 8: Availability of the Enki App
Enki shall endeavor as far as possible to provide Users with accessibility to the Enki App and Enki Services at all times. The Enki App and Enki Services may be temporarily interrupted, including in the event of force majeure, planned or unplanned maintenance, updates or technical improvements, emergency repairs to the Enki App, in order to modify its content and/or presentation, or due to circumstances beyond Enki's control.
Enki undertakes to take all reasonable measures to limit these disruptions insofar as they are attributable to it and/or the consequences thereof.
Under no circumstances shall Enki be held liable for any unavailability of the Enki App and/or Enki Services, any malfunctioning, impossibility of access, suspension or interruption of the Enki App or Enki Services, or any poor conditions of use of the Enki App and/or Enki Services, for any reason whatsoever, and shall not be held liable for any direct or indirect damages of any nature whatsoever resulting from these facts.
Article 9: Regulations
As an essential and determining obligation of these Terms, when fulfilling its obligations under these TCU, the User is required and agrees to comply with all applicable laws and regulations, and to obtain and comply with the vigilance rules and policies provided by Enki.
The User must also use the Enki App in a manner that prevents any risk of violation of human rights and fundamental freedoms, labor law, serious injury and damage to the environment or health and safety and health regulations.
Article 10: Proof
It is expressly agreed that the data archived and data posted online and stored in the Enki solution's information system, including in its electronic messaging tools, shall constitute proof of the documents sent and of the User's fulfillment of their obligations.
Data on computer or electronic media kept by Enki shall constitute evidence. If they are produced as evidence by Enki in any legal or other proceedings, they shall be admissible, valid and enforceable between Users in the same manner, under the same conditions and with the same probative force as any document that would be drawn up, received or kept in writing.
Article 11: Dispute
In the event of a dispute over the meaning of a term or provision of the TCU, the User may contact Enki at the following address: support@enkiapp.zendesk.com.
In the event of a dispute, Enki and the User shall endeavor to find an amicable solution.
If the User is not satisfied with the response provided, or in the absence of a response, the User may send a written complaint to the FEVAD mediation department, for any claim related to the use of the Services or the Enki App during the last twelve (12) months, by electronic means: www.mediateurfevad.fr. or by mail to the following address:
Médiateur du e-commerce de la FEVAD
60 Rue La Boétie
75008 Paris
The solution proposed by the Mediator is not binding on the parties, who remain free to withdraw from the Mediation process at any time.
Any dispute relating to the execution of these TCU shall be under the exclusive jurisdiction of the courts of Paris. Should any of the clauses of these TCU be deemed invalid, the invalidity of that clause shall not affect the remainder of these TCU.
Any claim related to the Services or the Enki App or in the context of these TCU against Enki shall be time-barred within a period of one (1) year.
Article 12: Security
Enki takes the security of your data very seriously. Enki's computer systems are equipped with a data encryption system and a software protection device. Users' data is hosted on servers in the European Union. Physical and electronic backup procedures are implemented in accordance with the French legislation in force relating to the protection of personal data.
However, Enki does not control the risks associated with the operation of the Internet and draws your attention to the existence of potential risks in terms of occasional loss of data or breach of the confidentiality of data transmitted over this network. The information provided on the Enki App may be interrupted for reasons of force majeure or beyond the control of Enki or for reasons not attributable to Enki.
It is also important to understand that the security of your data implies that your home Wi-Fi network is secure. It is therefore advisable to set up a strong Wi-Fi password and change it regularly.
Likewise, the User must be vigilant about the security of the connected objects using the Wi-Fi network.
Article 13: Personal Data
Enki attaches great importance to the protection and respect of its Users' privacy and personal data. Enki's personal data protection policy aims to inform Users of the practices concerning consent, collection, use, storage, security measures, retention periods, the recipient(s) and sharing of personal data that the User is required to provide when using the Enki Services and the Enki App. The personal data protection policy is available in the "Privacy" section of the Enki app or by clicking on the following link: Enki Data Policy
Thus, Enki protects the privacy of its Users by complying with the legislation in force and by following its internal rules relating to the protection of personal data of Leroy Merlin France, which it has adopted to preserve and guarantee the rights of Users over the data they entrust to it. Enki complies with the formalization and record-keeping obligations for its processing activities.
Enki may collect and process the User's personal data in several ways:
- The connection information provided when creating an account (first name, last name, email address). This information allows the User to be authenticated, to allow access to the Enki Services, to handle and respond to the User's requests.
- Exchanges with Enki Support when the User contacts Enki Support by phone, email, via the Enki App or via the website enki-home.com (contact information, version of the Enki app, version of the Enki box, brand, model and version of the mobile phone OS, User's activities in the context of the Enki Service(s)). This information enables Enki to provide the best possible support to the User, either in terms of assistance with use or in resolving anomalies.
- Technical information concerning the equipment used by the User and that relating to the use and configuration of their installation, associated with a given User, is never transmitted to third parties without the express consent of the User.
The analysis of this personal data allows for the improvement of the Enki Services provided in terms of functionalities, ease of use or content.
This personal data is necessary for the execution of the Enki Services.
In order to benefit from the "Sunrise/Sunset" service within the scenarios, you must enter the city where your home is located. This data is only used to determine the exact time of sunrise and sunset. This data is not mandatory for the proper functioning of the Enki Services.
If the Enki solution is used with partner products that have their own application (Google Home, Somfy, etc.), the signing of these partners' TCU is a prerequisite for the control of these products by Enki.
The User has a right of access, rectification and deletion of all personal data concerning them. They also have a right to object and a right to limit the processing of their data in accordance with the applicable regulations.
The User may exercise their rights directly in the Enki App or by sending a request to the following address: support@enkiapp.zendesk.com.
If the User has specific accounts on the partners' platforms for certain connected objects (e.g.: Philips Hue account), the latter must also send a request for deletion directly on these platforms to exercise their rights.
The personal data processed by Enki is stored and maintained on secure technical servers in France for the entire duration of the Enki Services and for a maximum period of five (5) years from the uninstallation of the Enki App.
For any questions or comments relating to the personal data policy or to the way in which Enki collects and processes personal data, the User may contact the data protection officer (DPO) at the following address: dpo@leroymerlin.fr.
If the User no longer adheres to these TCU, they must send a request to delete their account from the Enki app, under the My Account section, or to Enki Support at the following address: support@enkiapp.zendesk.com.
If the User considers, after having contacted Enki Support, that their Data Protection and Freedom rights are not being respected or that the Enki App does not comply with the data protection rules, they may send an online complaint to the CNIL or by mail.