Enter
The association e-nable france, association loi 1901, registered in the sirene directory under number 818 510 141having its registered office at 4 rue martel, esc. E, rc droite 75010 paris, represented by its president domiciled in this capacity at the said head office.
Hereinafter referred to as “e-nable”,
And
The beneficiary
Article 1 / identification of the service provider
Name of service provider: e-nable france
Association loi 1901
Head office address: 4 rue martel, esc. E, rc droite 75010 paris
Phone number: 09 5004 0402
Siret : 818 510 141 00018
Article 2 / definitions
Beneficiary: beneficiary of the matchmaking service. The beneficiary may be a recipient or a valid maker.
Recipient : the term recipient includes :
The adult member of the e-nable association as a simple recipient member who has requested a device,
A minor over 5 years of age in whose name and on whose behalf a parent or guardian who is a simple recipient member of the e-nable association has requested a device.
Valid Maker: a natural person of legal age, or a legal entity, who is a member of the e-nable association as a simple maker, and who has been validated by e-nable as a valid maker.
Device: assistive device for upper or lower limbs manufactured using 3d printing techniques or any other technique whose plans have been validated by e-nable. e-nable designs (“designs”), including assemblies or components (“components”), are created by volunteers and shared under open source licenses, accessible on various sites, and previously validated by e-nable. To date, e-nable has validated a number of devices, including elbow-operated devices, wrist-operated devices and individual fingers.
Specific device: for the purposes of these general terms and conditions, the term “specific device” is taken to mean a device specifically manufactured for a particular recipient, adapted to that recipient in terms of size, model and color. 3d printing makes it possible to manufacture precisely customized devices, each part of which can be printed in a different color. The general provisions concerning devices apply to specific devices.
Article 3 / pre-contractual information – acceptance of these terms and conditions
The purpose of the e-nable association is to lead a network of volunteers who, using 3d printing techniques or any other technique enabling the objective to be achieved, produce assistive devices for upper or lower limbs, intended to be offered to people over 5 years of age with agenesis or who have been amputated.
Within the framework of these general terms and conditions of service, e-nable puts a recipient in contact with a valid maker so that the latter can manufacture and offer the recipient a custom-made device using 3d printing techniques or any other technique enabling the objective to be achieved.
The purpose of these general terms and conditions is to govern the relationship between e-nable on the one hand and the recipient of the matchmaking service on the other.
Recipient and maker members, having read the information provided in application of articles l 111-1 et seq. and l 112-1 et seq. of the French consumer code and the present general terms and conditions, accept the latter without reservation by formulating a device request for recipient members and a validation request for maker members.
The present terms and conditions, the device request made by the simple recipient member, the validation request made by the simple maker member, and where applicable, the authorizations granted in respect of image rights, are indissociable and constitute the contractual block applicable to relations between e-nable and the beneficiary.
E-nable reserves the right to modify these terms and conditions. This modification will come into force one month after e-nable has sent the beneficiaries the new provisions. The beneficiary may, if he/she does not agree with the modifications made, terminate the contract within one month of the date of dispatch of the new provisions, failing which he/she will be deemed to have given his/her agreement.
Article 4 / Important
E-nable provides a service to connect recipients and valid makers.
E-nable does not provide medical advice or consultation.
E-nable does not provide telemedicine or medical services.
The devices are not medical devices.
The information provided by e-nable on the service does not in any way constitute personalized advice, a diagnosis, an aid to diagnosis, a treatment or an aid to treatment. It is not a substitute for any advice, diagnosis or recommendation provided by a qualified healthcare professional. Users of the e-nable.co.uk website should not use the information provided on this site to make a diagnosis or determine a course of treatment, and should consult the healthcare professionals in charge of their care and follow-up before making any decision.
It is the recipient’s responsibility to carry out any medical check-ups required by his or her state of health, and to follow the advice and treatment prescribed by his or her doctor.
It is the recipient’s responsibility to consult a specialist or occupational therapist about the appropriate use of the equipment.
The recipient is informed and accepts that the device is not intended to be permanent and may break.
The recipient is informed and accepts that the device can be used to grip light, flexible objects, but that it is in no way a substitute for a fully functional hand.
The recipient is informed that, on the basis of preliminary tests and observations of the device’s functionality and capabilities, it has been determined that the device is not currently safe for use with machines, tools or heavy equipment, due to its low gripping force and adhesion to objects gripped with the device.
The device is not suitable for non-walking children, as a fall onto the 3d-printed prosthetic device could result in further injury.
The device is not suitable for people allergic or intolerant to plastic.
The recipient has read and understood the following rules for using the device, and undertakes to comply with them.
Article 5 / operation of the service provided by e-nable
5.1/ presentation of the service
By service, we mean the bringing together by e-nable of a recipient and a valid maker so that the latter can manufacture and offer the recipient a specific device.
5.2/ beneficiaries of the service
Only :
Recipients
Valid makers
Become a recipient
To request a device for yourself or for a minor child, you need to be a member of e-nable france as a simple recipient, and then fill in a device request form on www.E-nable.Fr.
Once the request has been made, the recipient receives an e-mail confirming receipt of the request, and becomes a recipient within the meaning of these general terms of service.
The recipient is then placed on a waiting list until e-nable is able to find a valid maker capable of producing the device.
E-nable recommends that, if the recipient is under the care of a specialist or occupational therapist, he/she involve this professional both at the device request stage and throughout the process of finding an able-bodied maker, as well as during the period of use.
Becoming a validated maker
A maker who is a simple member of e-nable does not have access to the service.
To access the service, the simple member must be validated by e-nable. To do this, the simple member must produce a test hand which must be validated by e-nable. They submit their validation to e-nable via a validation request form accessible on the www.E-nable.Fr e website.
Validation takes place after the test hand has been checked for comfort and safety, and also for the maker’s ability to empathize. E-nable france reserves the right not to validate a maker or to withdraw his or her validation if it deems that his or her level of competence or empathy is insufficient. The refusal or withdrawal of validation must be justified.
Following validation, the simple member maker becomes a valid maker, and can be put in contact with a recipient, as long as he/she remains a valid maker.
5.3/ free service
The service is free of charge.
5.4/ contact
E-nable prefers to put the recipient in contact with a valid maker identified by e-nable as being available, having the expertise to make the specific device in question, and geographically close, which the recipient accepts.
Once e-nable has identified a valid maker who can be matched with a recipient and the valid maker has confirmed his or her availability, e-nable sends an e-mail to the recipient and the valid maker to introduce them. E-nable then forwards the device request completed by the recipient to the validated maker, to which the recipient expressly agrees, to enable the validated maker to make good specific device proposals and scaling.
E-nable does not interfere in the relationship between the recipient and the validated maker, but remains available to answer any questions.
E-nable recommends that the recipient and the validated maker exchange as much as possible, and to this end favors meetings that allow them to get to know each other, validate existing photos, take or repeat measurements if necessary, and offer the recipient the choice of colors.
Manufacture of the specific device
6.1/ the valid maker undertakes to manufacture the specific device, from a device whose plans have been validated by e-nable and in accordance with the manufacturing instructions available on the website: www.E-nable.Fr, and to provide the recipient with a specific device that meets his or her needs.
6.2/ in the event that he becomes unavailable or is no longer able to manufacture the specific device, for whatever reason, he undertakes to inform e-nable without delay at the e-mail address contact@e-nable.Fr so that e-nable can identify another valid maker. The customer undertakes to send by e-mail to e-nable all the elements in his possession mentioned in article 7.3 (measurements carried out, etc.) to enable another valid maker to take over.
6.3/ e-nable has no control over the production of the specific device by the validated maker who, depending on his experience and the complexity of the situation, may choose to produce an intermediate prototype, or to produce the final specific device directly.
6.4/ the valid maker is informed that should he/she have any questions about the type of device, its scaling or its manufacture, he/she can contact e-nable by e-mail at contact@e-nable.Fr or exchange with the makers community via the facebook group “forum des makers” https://www.Facebook.Com/groups/enablefranceforum/.
6.5/ a meeting between the recipient and the valid maker must be organized so that the recipient can try out the specific device. On this occasion, the validated maker will finalize the thermoforming and settings, and validate with the recipient the size and comfort of the specific device.
6.6/ prior to the final delivery of the specific device to the recipient, the validated maker undertakes to send e-nable, at the e-mail address contact@e-nable.Frdes, photographs of all six sides of the specific device for validation. No specific device can be delivered to a recipient before validation by e-nable.
Article 7 / delivery of the specific device to the recipient
7.1/ Once the specific device has been validated by e-nable, the validated maker hands it over to the recipient.
7.2/ no device may be handed over to a recipient before it has been validated by e-nable. At the time of delivery, and once the recipient has given his or her authorization with regard to image rights, the recipient and the validated maker agree to take photographs so that e-nable can use them as part of its communication and for archiving purposes. Photographs may also be taken of the able-bodied maker, provided the latter has given his or her authorization. Photographs must always be taken of the recipient with his or her device on. Photographs should never show the recipient’s disability. Ideally, photographs should show the recipient with hands clasped and fingers drawing a heart, e-nable’s “trademark”.
7.3/ once the specific device has been handed over to the recipient, the able-bodied maker undertakes to send a message to contact@e-nable.Fr to inform the recipient and enable e-nable to close the relationship. The validated maker undertakes to attach to the e-mail the print files of the specific device, the measurements taken, the percentage of enlargement, and any information that will enable another maker to take over when necessary, particularly in the event of unavailability. He also undertakes to attach to the e-mail the photographs taken when the specific device was delivered.
7.4/ the valid maker undertakes not to use the photographs taken at the time of delivery of the specific device, unless he/she has a specific agreement to this effect from the recipient and e-nable.
Article 8 / duration of contract
The contract will last :
For recipients: as long as the recipient of legal age or the legal representative of a minor recipient remains a member of the association and until receipt of the specific equipment, unless the contract is terminated early.
If the recipient wishes to receive a new specific device, he/she may submit a new device request by filling in a new form.
For valid makers: as long as the valid maker remains a member of the association in this capacity and the present contract has not been terminated, the withdrawal of his or her validation will result in the immediate termination of the present contract.
Article 9 / Beneficiaries’ commitments
9.1/ commitments common to all beneficiaries
9.1.1/ general
The beneficiary undertakes to comply with these general terms and conditions of service, to comply with the laws in force, to respect the rights of other members and third parties, and to respect the obligations defined below.
The user undertakes to behave in a manner compatible with the values of e-nable, in a spirit of tolerance and respect for others.
In particular, beneficiaries undertake to :
To use the service in strict compliance with its purpose, which is to put people in need of an assistive device for their upper or lower limbs in touch with people who can make it, this specific device being offered to the recipient;
Not to use the service for professional, commercial or profit-making purposes, or for any purpose other than its intended purpose;
To behave fairly towards e-nable, other members and beneficiaries, and to respect their rights.
9.1.2/ discretion – confidentiality
9.1.2.1/ beneficiaries undertake to maintain the utmost discretion and confidentiality concerning the personal data of persons with whom they have been put in contact.
They are forbidden to divulge this information to any person who is not a member of e-nable, with the exception of healthcare professionals working on the file.
9.1.2.2/ Able-bodied Makers undertake to maintain the utmost discretion and confidentiality concerning the personal data of persons with whom they have been put in contact and the type of disability or amputation of the recipients.
In their exchanges with other able-bodied Makers, in particular when requesting manufacturing advice, able-bodied Makers undertake to communicate only the recipient’s first name and, where applicable, the photographs sent by the recipient when requesting a device, to the exclusion of any other personal information.
Once the device has been delivered to the recipient, the valid maker undertakes not to keep the personal data of recipients for whom he/she has made a specific device, and to destroy them without delay, once he/she has sent the information specified in article 7 to e-nable.
9.2/ commitments specific to recipients
9.2.1/ the recipient undertakes to meet the valid maker in public places only.
9.2.2/ he/she undertakes to inform e-nable as soon as possible if he/she no longer wishes to use a specific device.
9.2.3/ upon delivery of the specific device, it is the recipient’s responsibility to ensure that the specific device is comfortable and functions correctly.
9.2.4/ the recipient undertakes to comply with the rules governing the use and safety of the equipment, of which he/she has been made aware prior to requesting the equipment:
Minors equipped with a device must be supervised at all times.
The device must be used gradually. For children, it is advisable not to exceed 10-minute periods of use.
Use of the device should be discontinued immediately in the event of wrist or elbow pain.
Use of the device must be stopped immediately if any of its components break.
The recipient must ensure that moving parts are not loosened, in particular to prevent choking.
The recipient may develop pressure sores. If redness appears after wearing the device for 15 to 20 minutes, it is the recipient’s responsibility to contact the valid maker who manufactured the device, so that they can readjust the device. Should the redness persist, it is the wearer’s responsibility to contact a healthcare professional.
The device is made from low-temperature plastic and must not be exposed to temperatures above 60°C. For example, a device left in a car on a hot day could be damaged. The recipient undertakes not to expose the device to temperatures in excess of 60°c.
As the fatigue rate of plastic parts printed by 3d printers is currently unknown, it is the recipient’s responsibility to monitor wear and tear and to contact the valid maker or e-nable to replace worn or broken parts.
The recipient must never use the device to pick up a container of boiling water or very hot food. A malfunction of the device could occur, indirectly causing injury.
To avoid excessive perspiration and to allow the skin to breathe, the device should not be worn permanently by the recipient.
The use of a sock is recommended for people with sensitive skin.
It is the user’s responsibility to stop using the device immediately in the event of an allergic reaction to the material used for 3d printing or any other component of the device.
The surface of the device should be cleaned with lukewarm water and a mild detergent.
In the event of repair of the specific device, the recipient is hereby informed and accepts that no replacement device will be supplied, as the devices are specifically manufactured for a particular recipient.
9.2.5/ the recipient undertakes not to offer or pay any remuneration or compensation whatsoever to the valid maker.
9.3/ commitments specific to validated makers
The validated maker undertakes not to meet a minor recipient alone, and to organize any meetings in public places.
When informed that the recipient is under the care of a professional, such as a specialist or occupational therapist, he/she undertakes to suggest that this professional become involved in the project.
When manufacturing the device, he undertakes to give priority to the safety and comfort of the recipient.
He undertakes to manufacture the device at his own expense, with the proviso that the foam and scratch pads are supplied by e-nable as soon as the valid maker is aware of the specific device colors chosen by the recipient.
He undertakes to offer the specific device to the recipient, and not to seek or accept any compensation or remuneration of any kind from either the recipient or e-nable.
Article 10 / intellectual property
The devices are subject to an open source license, accessible on the sites that distribute them.
The valid maker undertakes to respect the terms of the license pertaining to the device manufactured.
Article 11 / evolution or improvement of devices
In the event that a valid maker wishes to make changes or improvements to the devices, their components or materials, he/she undertakes to inform e-nable prior to manufacturing, by e-mail: contact@e-nable.Fr.
It is forbidden to proceed with any evolution or improvement before obtaining e-nable’s agreement, as each device must first be tested and validated by e-nable before being manufactured and used by recipients.
The valid maker undertakes to respect this commitment, without any time limit, and undertakes to ensure that any improvements or enhancements he/she may have imagined or made may benefit as many people as possible free of charge, in compliance with the open-source license accompanying the object that served as the basis for the evolution or enhancement.
Article 12 / Image rights
The beneficiary authorizes e-nable to fix his or her image and to distribute it in accordance with the terms of the authorization granted, where applicable, at the time of the device request or validation request.
Termination of the contract, whatever the time and cause, legal nature (nullity, termination, rescission, etc.) or validity, will have no effect on the authorization thus granted, which will continue for the remaining term of the contract.
The beneficiary declares and guarantees that he/she is not bound by any exclusive contract for the use of his/her image.
Article 13 / liability
The minor recipient remains under the exclusive responsibility of his/her legal representatives.
The mission of e-nable is to put people in touch with each other, to the exclusion of any other service. e-nable is bound by an obligation of means.
The recipient is solely responsible for identifying his or her needs, or the needs of his or her minor child, which led to the request for a device. E-nable does not issue any medical advice and cannot under any circumstances be held responsible for the unsuitability of the device request in relation to the recipient’s disability.
The specific device is, from the time of delivery by the valid maker, in the sole custody of the recipient, who is solely responsible for the use and maintenance of the specific device delivered to him/her. It is the recipient’s responsibility to check the specific device for wear and tear, and to request new parts if necessary.
Article 14 / cancellation
14.1/ the contract may be terminated in the event of default by :
The recipient of any of its obligations under articles 9.1/, 9.2/ of these general terms and conditions,
The valid maker in breach of any of its obligations under articles 6.1/, 6.2/, 6.6/, 7.3/, 9.1/, 9.3/, 11/ of these general terms and conditions.
Except in the event of an emergency or where the situation is not compatible with the time limit stipulated below, termination will take effect 15 days after the first presentation of a formal notice by registered letter with acknowledgement of receipt inviting the defaulting party to remedy its breach, if this breach has not been fully remedied within the time limit.
Termination of the contract will be notified by e-nable by registered letter with acknowledgement of receipt.
14.2/
The contract will be automatically terminated if the valid maker loses his membership of the e-nable association, whatever the reason for the loss of membership, without any prior formality. Termination will take effect on the same day as the loss of membership.
For the valid maker, the contract will be automatically terminated in the event of withdrawal of validation, without any prior formality. Termination will take effect on the same day as the withdrawal of validation, even if the maker remains a member of the e-nable association.
The contract will be automatically terminated in the event of loss of membership of the e-nable association by the adult recipient, or in the event of loss of membership by the holder of parental authority of the minor recipient, whatever the reason for the loss of membership, without any prior formality. Termination will take effect on the same day as the loss of membership.
14.3/ the beneficiary is free to terminate the contract at any time by sending an e-mail to contact@e-nable.Fr.
Article 15 / consequences of termination
15.1/ At the end of the contract, whatever the cause, the valid maker undertakes to send without delay by e-mail to the address contact@e-nable.Fr all the elements that may have remained in his possession, i.e. the print files of the specific device, the measurements made, the percentage of enlargement, and any information that will enable another maker to take over when necessary, as well as the photographs taken when the specific device was handed over.
15.2/ the commitments stipulated in articles 9.1.2/ will continue after the end of the contract, without any time limit.
Article 16 / Data protection
E-nable is responsible for the processing of personal data used in the implementation of the service, and collected at the time of the membership application, the device application and the validation request.
The provision of this data is contractual in nature. This processing is necessary for the execution of the contact service, for the processing and management of device and validation requests, and for the contract concerning image rights.
The beneficiary is informed of the obligatory nature of the answers by an *; if the obligatory fields are not answered, the device or validation request cannot be processed, and the service cannot be executed. The personal data collected is strictly necessary to process and manage these requests and the service.
Personal data may only be communicated to authorized third parties, i.e. e-nable france, the recipients, the requested valid makers and any healthcare professionals collaborating on the file.
Photographs depicting the recipient’s disability are essential for processing the request, as they enable us to offer a suitable device on the correct scale. The recipient expressly consents to the collection and processing of photographs for the sole purpose of enabling the manufacture of this device.
The recipient expressly agrees that photographs representing his/her disability may be communicated to able-bodied makers and, where applicable, to healthcare professionals working on the case.
The recipient accepts that personal information concerning him or her may be shared with another recipient for the purpose of making the connection.
The data is kept for the duration of the membership and for a period of 3 years from the effective end of the membership.
In accordance with French data protection legislation, beneficiaries are informed that they have the right to access, rectify, delete, limit the processing of their data, exercise their right to data portability, and define what happens to their data after their death. This right may be exercised by writing to contact@e-nable.Fr or by post to: association e-nable france – 4 rue martel – 75010 paris with a copy of a signed identity document. You also have the right to lodge a complaint with a supervisory authority.
In the case of photographs, the beneficiary has the right to withdraw consent in the same way.
E-nable makes every effort to protect the beneficiary’s personal data against any form of damage, loss, misappropriation, intrusion, disclosure, alteration or destruction. Physical and electronic back-up procedures for data collected on the e-nable.fr website are implemented in accordance with current French laws on personal data.
Article 17 / change of contact details
Any change of contact details concerning the beneficiary or the holder of parental authority who made the request for the device and which may affect the performance of the contract, in particular change of address, e-mail and telephone number, must be notified to e-nable without delay.
Article 18 / Notices
In the case of a recipient who is a minor, e-nable’s contact is the holder of the parental authority who requested the device.
Except in cases where a registered letter with acknowledgement of receipt is required, all notifications may be made by any written means (e-mail, fax, etc.).
In the event that registered mail is used, the date of first presentation will be taken into account.
Article 19/ Language
The language of the contract is French. In the event of translation of the contract, only the French version shall be deemed authentic.
The beneficiary declares that he/she has fully understood the scope and content of the contractual relationship and commits himself/herself with full knowledge of the facts.
In principle, all exchanges will be conducted in French, unless e-nable agrees to the use of another language.
Article 20 / waiver – nullity
20.1/ The fact that e-nable does not take advantage at a given time of any of the stipulations of the present general conditions cannot be interpreted as a waiver of the right to take advantage at a later date of any of the said conditions.
20.2/ Should one or more stipulations of the present terms and conditions be held to be invalid or declared as such in application of a law, regulation or following a final decision rendered by a competent court, the other stipulations will retain their force and scope.
In such a case, the parties agree to replace the clause declared null and void with a clause that is as close as possible in content to the clause initially agreed.
Article 21 / Assignment of these general terms and conditions of service
The beneficiary authorizes e-nable france to assign or contribute the contract binding them and accepts e-nable’s release for the future. The assignment or contribution of the contract will take effect as soon as the beneficiary is notified that the assignment has taken place.
Under no circumstances may the beneficiary assign the benefit of the contract to a third party.
Article 22 / applicable law – disputes
22.1/ The relationship between the parties is governed by French law.
22.2/ In the event of a dispute or claim, the parties will endeavour to meet and seek an amicable solution.