TERMS AND CONDITIONS OF SALE AND USE

  Version 1.0 effective as of 08/08/2023    

1 Supplier's Identity and Quality

Sethy consulting Single-Member Limited Liability Company with a capital of €8,000 RCS Paris 444 059 463 00042 VAT Number: FR 92 444 059 463 Registered Office: 9 rue Emile Allez 75017 Paris - France. Official publisher of Ajabox products and services for France Hereinafter referred to as the "Supplier."

2 Author's Identity and Quality

Olivier Picard Domiciled for the purpose of this document at Sethy consulting 9 rue Emile Allez 75017 Paris - France. Author of Ajabox products and services and Owner of the brand. Hereinafter referred to as the "Author" or "Owner" as context may dictate.

3 Customer's Identity and Quality

The natural or legal person referred to as the "Customer" in the remainder of this document is the one associated with the customer account on the website ajabox.com who has placed an order. The products and services offered by the Supplier can be used for personal or professional purposes. For a natural person, whether they are considered a professional or not will depend on the nature of the use of the ordered product or service. Legal entities will be automatically considered as professional clients.

4 Application of the Terms and Conditions.

Throughout this document, the Customer and the Supplier may also be individually referred to as "the Party" or collectively as "the Parties." These general terms and conditions of sale (GTC) apply to all sales, rentals, subscriptions concluded with consumers or professionals on the website ajabox.com. These GTC and the transactions resulting from them are governed by and subject to French law. The Customer (consumer or professional) declares that they have read and accepted these GTC by checking the box provided for this purpose before implementing the online ordering process. Unless proven otherwise, the data recorded in the Supplier's computer system constitutes evidence of all transactions concluded with the Customer. You agree that the information requested for the conclusion of the contract or sent during its execution may be transmitted electronically. The GTC may be modified at any time and without notice by the Supplier, with the modifications being applicable to all subsequent orders. The applicable GTC are those in force on the day of the order. The validation of the order by the Customer constitutes acceptance without reservation of these GTC. The Customer acknowledges having the necessary capacity to contract and acquire the products offered on the website.

5 Products and Services.

The essential characteristics of the product or service are indicated on the "product/service page." The Customer is required to take note of this information before placing an order. The choice and purchase, rental, or subscription of a product or service is the sole responsibility of the Customer. The photographs and graphics presented on the website are not contractual and do not engage the Supplier's liability. The Customer is required to refer to the description of each product or service to learn about its essential properties and characteristics. The Supplier may update, improve its product/service pages, or withdraw its products/services from sale.

6 Steps to Place an Order.

The GTC are available on our website and can be downloaded at the time of order validation. You acknowledge having read them thoroughly by the mandatory click on "acceptance of the general terms and conditions of sale" to allow the order to be finalized. An order summary with the invoice download link is sent to you immediately upon order placement. For the first online order, every new Customer must create a "Customer Account"; a username ("login") and a password of at least 12 alphanumeric characters will be required. During each order validation, you will be directed to your account via a secure connection that reflects the content of your order. Your order can be modified at any time before final validation. It will only be definitively recorded after providing the various information and final validation. French is the only language offered for the conclusion of the contract. The Supplier archives the purchase orders and invoices on its servers (a download link for the invoice is provided in the order confirmation email). The contract associated with this order is validly concluded as a result of the "double-click" procedure (you have the possibility to check the details of your order and its total price and to correct any errors before confirming it to express your acceptance). The acknowledgment of your order is confirmed by the automatic email generated by our website to the email address provided when creating the Customer's account. Any abnormal or bad faith order, any fraud or attempted fraud, any incident of payment for an order may result in the deletion and/or deactivation of the concerned Customer's account and/or the refusal of the order. Likewise, the Supplier reserves the right to cancel or refuse any order from a Customer with whom there is a dispute regarding the payment of a previous order.

7 Prices.

The prices on the website are indicated in euros including VAT, excluding delivery charges. The amount of delivery charges is automatically calculated for each order and is displayed on your order summary before final registration. These prices are firm and non-revisable during their validity period, as indicated on the website, with the Supplier reserving the right, outside this validity period, to modify the prices at any time.

8 Formation of the Contract

The Supplier offers various types of services: product sales, product rentals, subscription to services. In this context, the formation of a contract between the Customer and the Supplier is governed by the following rules:

8.1 For Any Type of Service

The contract of sale, rental, or subscription, as the case may be, is definitively formed following the order placement process described in paragraph 6. These General Terms and Conditions of Sale and, if applicable, the specific conditions related to the product or service, have contractual value between the Parties (hereinafter referred to as the "Contract").

8.2 Specifics of the Rental

A refusal to rent may be opposed to a Customer, notably, in the following cases:

1. Missing, incomplete, non-compliant, or unclear identification documents of the Customer;
2. Absence of a security deposit or a security deposit that does not sufficiently guarantee the solvency of the Customer;

• Notorious insolvency of the Customer;

1. Previous non-payment of amounts due by the Customer to the Supplier.

The provision of the equipment may be subject to the production of identification and domicile documents. As a guarantee of payment, the Supplier may request from the Customer the production of a bank guarantee and/or the submission of a security deposit by check or credit card. This security deposit, the amount of which will be determined by the Supplier based on the rented equipment and which may reach its new purchase value, does not yield interest. In the case of full return in total conformity and integrity of the equipment, the Supplier undertakes to refund, if requested, the entire security deposit paid upon the completion of the operational checks.

9 Duration and Termination of the Contract

9.1 Sales Contract

The termination of the sales contract is determined by one of the following events.

9.1.1 Cancellation of the Order for Excessive Preparation Delay

In case of a delay in order preparation exceeding 30 days beyond the normal deadlines indicated in paragraph 10.2, the Customer has the option to request a cancellation of their order. In this case, the order will be fully refunded within 14 days, excluding any compensation or deduction, using the same payment method used by the Customer.

9.1.2 Cancellation of the Order for Non-Payment

If, within 30 days, the amount corresponding to the order has not been received by the Supplier, the latter reserves the right to terminate the sales contract. This does not entitle the Customer to keep the products if they have already been delivered to them. In this case, the Customer must return the equipment with all its accessories, in its original packaging and in perfect working condition to the Supplier by any means and as soon as possible.

9.1.3 Delivery of the Product to the Customer (for Professional Customers Only)

For professional customers, starting from the delivery of the product without valid objections raised within 2 business days, the contract is considered terminated.

9.1.4 Delivery Time of the Product to the Customer (for Non-Professional Customers Only)

For consumers, delivery means the transfer of physical possession or control of the goods. In case of a delay in delivery, you can terminate the contract in accordance with the provisions of Article L.216-2 of the Consumer Code. If the Customer intends to request the resolution of the contract for this reason, the amounts paid by the Customer will be refunded no later than 14 days following the date of resolution of the contract, excluding any compensation or deduction.

9.1.5 Withdrawal and Return of the Product (for Non-Professional Customers Only)

9.1.5.1 Case of Physical Products

For non-professional customers, the withdrawal period of 14 days provided for in the Consumer Code begins on the day after the delivery of the product. The Customer wishing to exercise this right must explicitly request it by any enforceable means or, failing that, by using Annex II of these GTC sent by registered letter with acknowledgment of receipt and return the equipment with all its accessories, in its original packaging, in perfect working condition, as soon as possible. Upon receipt of the product returned by the Customer, the Supplier will inform the Customer within 5 business days of whether the return is in compliance or not. Once the Customer's return is unconditionally accepted by the Supplier, or at the end of the 5 business days without a response from the Supplier, this contract is considered terminated. This contract termination does not release the Supplier from its obligation to refund the order amount within 14 days following the termination of this contract under the aforementioned conditions, excluding any compensation or deduction.

9.1.5.2 Case of Downloadable Digital Products

The 14-day withdrawal period provided for in the Consumer Code is not compatible with our downloadable digital products because you can access them immediately after purchase. When ordering such products, you are notified by a mandatory checkbox that you must give your express agreement to waive this right of withdrawal in order to be able to use the digital product immediately. As a result, regarding our downloadable digital products, it is not possible to interrupt the sales process and terminate the contract for this "withdrawal" reason.

9.1.6 Expiration of the Withdrawal Period (for Non-Professional Customers Only)

At the end of the withdrawal period mentioned in paragraph 9.1.5.1 without explicit indication from the Customer to exercise their right of withdrawal, the sales contract is considered terminated and compliant.

9.2 Rental Contract

The termination of the rental contract is determined by one of the following events.

9.2.1 Cancellation of the Order for Excessive Preparation Delay

The termination of the rental contract, in the case of excessively long preparation delay, is exercised under the same conditions as the sales contract described in paragraph 9.1.1.

9.2.2 Withdrawal and Return of the Product (for Non-Professional Customers Only)

The termination of the rental contract, in the case of the withdrawal period provided by the Consumer Code, is exercised under the same conditions as the sales contract described in paragraph 9.1.5.

9.2.3 Termination of the Rental Contract at the Initiative of the Customer

The Customer commits to a rental period identical to the advance payment they make, after a minimum period of 12 months, regardless of the selected payment frequency. Consequently, beyond the first 12 months of rental, the Customer can terminate the rental at any time. At the end of each paid period, automatic renewal is made for a period of the same duration to avoid service interruption for the Customer. However, the Customer can at any time decide to return the equipment with all its accessories in its original packaging to the Supplier to stop the automatic renewal and terminate the rental contract. Upon receipt of the product returned by the Customer, the Supplier will test the proper functioning of the equipment within 5 business days. At the end of this test, if the equipment is complete with all its accessories and in good working condition, the Supplier will stop the automatic renewal, and the rental contract will terminate. The Customer must make arrangements so that the returned equipment is actually delivered to the Supplier 5 business days before the next scheduled renewal to allow for the return process. Consequently, if a renewal is to occur within 5 business days from the effective receipt of the equipment returned by the Customer, the renewal remains acquired by the Supplier. Without prejudice to the above, if, at the end of this test, there are missing accessories or if the equipment is in poor working condition, the Supplier will contact the Customer to try to find an amicable solution. Failing that, the Supplier reserves the right to charge the Customer for the equipment at its sale price as listed on its website on the day of the return.

9.2.4 Termination of the Rental Contract for Non-Payment

In the event of a payment failure, for any reason, during a recurring payment installment, using the various payment methods offered, including insufficient funds, expired credit card, or other reasons, if, within 30 days, the amount corresponding to the due payment has not reached the Supplier, the latter reserves the right to terminate the contract. Regarding physical products, this does not entitle the Customer to keep the products if they have already been delivered. In this case, the Customer must return the equipment with all its accessories, in its original packaging, and in perfect working condition to the Supplier by any means and as soon as possible.

9.2.5 Termination of the Rental Contract at the Initiative of the Supplier

In the context of any ongoing contract between the Customer and the Supplier, the Customer must comply with the terms of use of the Supplier's products and services described in paragraph 12. In the event of a breach by the Customer or its users of these terms of use, the Supplier reserves the right to restrict, suspend, or even cancel the services. It also reserves the right to invoke the termination of the contract due to breaches. In this regard, the Supplier will not make any refunds to the Customer of the amounts paid. In the event that the wrongful behavior of the Customer or its users has caused harm to the Supplier or the Author of the products, services, and the Owner of the brand, they jointly or individually reserve the right to pursue the Customer and its users for damages and compensation.

9.2.6 Delivery Time of the Product to the Customer (for Non-Professional Customers Only)

The termination of the rental contract, in the case of non-compliance with the delivery time, is exercised under the same conditions as the sales contract described in paragraph 9.1.4.

9.3 Subscription Contract

The termination of the subscription contract is determined by one of the following events:

9.3.1 Withdrawal (for Non-Professional Customers Only)

The termination of the subscription contract, within the withdrawal period provided by the Consumer Code, is exercised under the same conditions as the sales contract described in paragraph 9.1.5.

9.3.2 Termination of the Subscription Contract at the Initiative of the Customer

The Customer commits to a subscription period identical to the advance payment they make. At the end of this period, automatic renewal is made for a period of the same duration to avoid service interruption for the Customer. At any time, the Customer can decide to stop this automatic renewal. To do so, they go to their customer account, access the list of orders, open the order corresponding to the subscription in question, click on the "view" button in the "Related Subscriptions" section of the order page in question. Once on the subscription page, all they have to do is click on the "cancel" button. The cancellation of renewal is taken into account by displaying the message "cancellation pending." The cancellation will become effective on the day of the next scheduled payment without the latter being made. This "cancellation pending" phase allows the Customer to continue to benefit from the services related to their subscription until the end of the already paid duration. During this phase, the Customer also has the option to change their mind by returning to this page and reactivating automatic renewal using the "reactivate" button.

9.3.3 Termination of the Subscription Contract for Non-Payment

The termination of the subscription contract, in the case of non-payment, is exercised under the same conditions as the rental contract described in paragraph 9.2.4.

9.3.4 Termination of the Subscription Contract at the Initiative of the Supplier

The termination of the subscription contract, at the initiative of the Supplier, is exercised under the same conditions as the rental contract described in paragraph 9.2.5.

10 Execution of the Order.

The order execution process begins from the placement of the order as described in paragraph 6. Subsequently, this process follows the steps described below:

10.1 Payment.

During this phase, the order appears with the status "pending" in the Customer's account on the Supplier's website. The order processing proceeds to the next stage upon the effective payment of the amounts due for this order.

10.2 Preparation.

During this phase, the order appears with the status "in progress" in the Customer's account on the Supplier's website. For physical products, the Supplier assembles the products and performs a series of functionality tests at the time of the order before shipping the product. Consequently, the order preparation time is generally 5 business days if all components are in stock at the Supplier's premises and 15 business days if they are in stock with its subcontractors or wholesalers. Otherwise, the Supplier informs the Customer of the preparation time if it is expected to be longer.

10.3 Handover to Carrier.

During this phase, the order appears with the status "ready to ship" in the Customer's account on the Supplier's website. The order is awaiting handover to the carrier. Generally, the Supplier makes daily deliveries to the carrier. Consequently, the timeframe varies depending on the time the Customer's order was completed.

10.4 Delivery.

During this phase, the order appears with the status "out for delivery" in the Customer's account on the Supplier's website. The delivery time is defined from the date and time the product is handed over to the carrier to the date it is made available to the Customer at the delivery address specified in the order. The Supplier delivers the goods, without undue delay, no later than within the timeframe specified in the chosen delivery method at the time of the order. Delivery is made to the address you provided when placing the order. In case of unjustified delivery delay, the Customer has the option to request contract resolution according to the terms outlined in paragraph 9.1.4 if eligible under this clause.

10.5 Receipt.

From this stage, the order appears with the status "delivered" in the Customer's account on the Supplier's website. This stage is triggered when you or a third party other than the carrier offered by the Supplier and designated by you physically takes possession of these goods. It is your responsibility to refuse or have the delivery refused if the merchandise is damaged, missing, or if the package has been opened or reconditioned. In the absence of specific and detailed reservations on the delivery note, reiterated by registered letter with acknowledgment of receipt to the carrier within 3 business days following delivery. In this case, the Customer is advised to immediately contact the Supplier so that the Supplier can provide the procedure for preserving recourse against the carrier.

11  Warranties.

When an issue arises with equipment, we invite you to contact our customer service by visiting our website and using the "Contact" page.

11.1 Manufacturer's Commercial Warranty (All Customers).

For products with a specific manufacturer's warranty (covered directly by the manufacturer, on-site warranty, or specific extended warranty), the Customer must contact the manufacturer directly, bypassing the Supplier, who does not provide any commercial warranty for these products. The Supplier will refuse any return of goods in this context and cannot be held responsible for any manufacturer's failure under this warranty.

11.2 Commercial Warranty (All Customers)

11.2.1 Standard Warranty

Products are warranted by the Manufacturer and, failing that, by us, the Supplier, against any material or manufacturing defect for a period of 12 months from the date of delivery, except for expressly stated special conditions.

11.2.2 Limitation

The Supplier's commercial warranty is limited to repairing, replacing, or refunding the defective goods recognized by the Supplier, taking into account their use, and at its sole discretion. The Supplier undertakes only to replace defective parts and repair damage to goods supplied to the Customer by itself. The Supplier's customer service can only operate within the framework of its warranty or legal warranty. If the equipment cannot be replaced with identical equipment, equivalent or superior equipment, or a credit will be offered to the Customer. Subject to mandatory legal provisions, the Supplier's liability is strictly limited to the obligations defined in these terms and conditions or, where applicable, in express conditions. The Supplier cannot, under any circumstances, be held responsible for the loss or alteration of data or programs on equipment or media (memory card, USB key, hard disks, etc.) returned for technical intervention, whether the products are under warranty or not. The Supplier cannot, under any circumstances, be held responsible for material and immaterial damage occurring during troubleshooting if the Customer mistakenly returns products that were not supplied by the Supplier. The Supplier cannot be held liable under the warranty for breakdowns or damage directly or indirectly resulting from the following cases: - Any unprotected or prolonged storage. - Any negligence, connection or handling error, maintenance, and use of equipment not in accordance with the technical specifications of the Supplier or the manufacturer, or, more generally, defective or clumsy use. - Any addition of additional equipment or accessory to the equipment or use of any parts necessary for the operation of the equipment that do not comply with the technical specifications of the Supplier or the manufacturer. - Any mechanical, electronic, electrical, or other modification or transformation made to the equipment or its connection devices by any third party. In case of bankruptcy or inability to supply by the manufacturer, the Customer cannot turn to the Supplier, which will assume no responsibility for warranty on products benefiting from a manufacturer's warranty.

11.3 Legal Guarantees (Non-Professional Customer Only)

The products supplied by the Supplier benefit automatically and without any additional payment, independently of the right of withdrawal, in accordance with legal provisions: - the legal guarantee of conformity, for products that are apparently defective, damaged, or do not correspond to the order, - the legal guarantee against hidden defects resulting from a material, design, or manufacturing defect affecting the delivered products and making them unsuitable for use, under the conditions and according to the modalities defined in the appendix to these GTC (Conformity Guarantee / Hidden Defects Guarantee). It is reminded that within the framework of the legal guarantee of conformity, the Customer: - has a period of two years from the delivery of the goods to take action against the Supplier; - can choose between repairing or replacing the ordered product, subject to the cost conditions provided for in article L 217-9 of the Consumer Code; - is exempt from providing proof of the existence of the lack of conformity of the product during the 24 months following the delivery of the product, except for second-hand goods. The legal guarantee of conformity applies independently of any commercial guarantee that may cover the product. The Customer may decide to implement the guarantee against hidden defects of the product in accordance with Article 1641 of the Civil Code; in this case, the Customer may choose between canceling the sale or reducing the sale price in accordance with Article 1644 of the Civil Code. In order to assert his rights under the preceding paragraph, the Customer must inform the Supplier, in writing, of the non-conformity of the products within a maximum period of 14 days from the delivery of the products or the discovery of hidden defects within the aforementioned deadlines and return the defective products in the condition in which they were received with all elements (accessories, packaging, instructions...). The Supplier will reimburse, replace, or have repaired the products or parts under warranty that are recognized as non-compliant or defective. Shipping costs will be refunded based on the invoiced rate, and return costs will be refunded upon presentation of supporting documents. Reimbursement for Products found to be non-compliant or defective will be made as soon as possible and no later than 30 days after the Supplier acknowledges the lack of conformity or hidden defect. Reimbursement will be made by crediting the Customer's bank account or by sending a bank check to the Customer. The Supplier's liability cannot be incurred in the following cases: - non-compliance with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to check, - in the event of improper use, professional use of a product version not intended for this purpose, negligence, or lack of maintenance on the part of the Customer, as well as normal wear and tear of the product, accident, or force majeure. In any case, the Supplier's warranty is strictly limited to the replacement or refund of non-compliant or defective products.

11.4 Legal Guarantees (Professional Customer Only)

The Customer may decide to implement the guarantee against hidden defects of the product in accordance with Article 1641 of the Civil Code; in this case, the Customer may choose between canceling the sale or reducing the sale price in accordance with Article 1644 of the Civil Code. In order to assert his rights under the preceding paragraph, the Customer must inform the Supplier in writing of the non-conformity of the products or the discovery of hidden defects within a maximum period of 14 days from the delivery of the products and return the defective products in the condition in which they were received with all elements (accessories, packaging, instructions...). As a professional Customer, the latter irrevocably accepts the 14-day period as sufficient for him to use all the functions of the product in order to detect any hidden defects.

12 Usage Conditions - Customer Obligations

12.1 Skill Level

The Customer is a technically competent user, and the equipment cannot be properly used without a reasonable level of knowledge. The Provider does not need to ensure the technical competence level of the Customer, which is always presumed. The natural person identified at the Customer who activates the equipment is presumed to be the exclusive administrator of this equipment for the entire duration of use.

12.2 Various Obligations

The Customer expressly accepts and acknowledges: Having made the choice, under their exclusive responsibility, of the equipment subject to the contract. Therefore, they will have no action or recourse against the Provider in the event that the supplied equipment proves to be non-compliant with their needs; That any lending or subleasing of the equipment is prohibited. Likewise, the Customer undertakes never to use the equipment as collateral; That any non-compliant use of the equipment, or use outside of the specified environmental conditions by the manufacturer, the Provider, or common sense, during the period of use, is prohibited. Any resulting harmful consequences are the exclusive responsibility of the Customer, as well as any resulting breakdowns; That any modification of the equipment is prohibited, including disassembly. In case of a breakdown, the Customer will not perform any repairs, nor directly engage any maintenance company, without prior written agreement from the Provider. They will not remove the equipment's identification numbers. Any harmful consequences resulting from a modification are the exclusive responsibility of the Customer, as well as any resulting breakdowns; That a sudden and fortuitous electrical or mechanical breakdown of the equipment, not likely to endanger people's safety, whether recent or not (normal wear and tear), is an event that the Provider cannot reasonably control and is possible. Any harmful consequences resulting from such a breakdown for the Customer are in no way attributable to the Provider. Given the frequent risk of computer sabotage (viruses) and the resulting harmful consequences (logical failures), the Customer will also, at their expense, implement any appropriate solution (including antivirus installation) to reduce this risk on other computer equipment connected to the same internal network as the one the Ajabox is connected to. The Provider has no responsibility or obligation in this regard; Not to claim any price reduction, payment suspension, or compensation in the event that the equipment could not be used for any reason, in particular: partial or total operational incompatibility of the delivered equipment with any other equipment and/or software program owned by the Customer, or software for which the Customer has a license, or not.

12.3 Ajabox Usage Rules

The Customer undertakes to respect and ensure that the users invited to their Ajabox comply with the following usage rules:

12.3.1 Compliance with Applicable Laws

The Customer and all users invited to their Ajabox agree to use the service in accordance with all applicable laws, regulations, and standards in the country where the Ajabox is used.

12.3.2 Prohibition of Illegal Content

The Customer and all users agree not to store, publish, distribute, or disseminate via the Ajabox any content that is:

• defamatory, offensive, obscene, violent, or incites violence, racist, xenophobic, or of any other discriminatory nature;
• infringing on copyright or neighboring rights, patent rights, trademark rights, trade secrets, third-party advertising or privacy rights, or any other intellectual property rights;
• promoting or encouraging illegal activity;
• containing viruses or any other code, file, or program designed to interrupt, destroy, limit, or monitor the use of any software, computer hardware, or telecommunications equipment.

12.3.3 Brand Respect

The Customer and all users acknowledge and accept that the domain name associated with the service, as well as the brand under which the Ajabox service is operated, are the exclusive property of the Ajabox service Author. Unauthorized use of this brand is strictly prohibited. The Provider and the Author reserve the right to pursue damages against the Customer and their users for any harm they may have caused to the brand due to non-compliance with all the clauses of these terms of use in section 12.3.

12.3.4 Special Responsibility Related to the Use of Sharing Links

When a user shares content via a link generated from their "AjaCloud" using the domain name ajabox.com, they are fully responsible for the shared content with third parties. The user agrees to indemnify, defend, and hold harmless the Provider and/or the Owner of the brand in the event of a claim, damage, loss, cost, or expense (including attorney's fees) arising directly or indirectly from the use of these links to share content that would violate applicable laws, morals, or infringe on third-party rights. Without limitation, here is a reminder of the main legal texts condemning major illegal behaviors:

12.3.4.1 Defamatory, Offensive, etc. Content:

Press Freedom Act of July 29, 1881: This law punishes, among other things, defamation (Articles 29 and following) and insults (Article 33).

12.3.4.2 Copyright and Neighboring Rights Violations:

Intellectual Property Code: Article L122-4: punishes the reproduction or representation, in whole or in part, of a work without the consent of the Author or their rights holders. Article L335-2: punishes with three years of imprisonment and a €300,000 fine the act of making works, interpretations, phonograms, videograms, or programs available to the public without the authorization of the rights holders.

12.3.4.3 Content Harming Minors:

Article 227-23 of the Penal Code: The act of recording, transmitting, or distributing images or representations of a minor that are pornographic in nature, with a view to their dissemination, is punishable by five years of imprisonment and a €75,000 fine. When the image or representation concerns a minor under fifteen years of age, these acts are punishable even if they were not committed with a view to disseminating this image or representation. The act of offering, making available, or disseminating such an image or representation by any means, importing or exporting it, or having it imported or exported, is punishable by the same penalties. The penalties are increased to seven years of imprisonment and a €100,000 fine when a network of electronic communications is used to disseminate the image or representation to an undetermined public. ...

12.3.4.4 Harmful Content (Viruses, Malware, etc.):

Article 227-24 of the Penal Code: Punishes with five years of imprisonment and a fine of 75,000 euros the act of facilitating or inciting, by any means, a minor to commit an offense. When the incited or facilitated offense is committed, the penalty is increased to seven years of imprisonment and a fine of 100,000 euros.

12.3.4.5 Provocation to Crimes or Offenses:

Article 24 of the Freedom of the Press Act of July 29, 1881: Punishes the incitement to commit crimes and offenses. If this incitement leads to action, the penalties are aggravated.

12.3.4.6 Incitement to Terrorism:

Article 421-2-5 of the Penal Code: Punishes with five years of imprisonment and a fine of 75,000 euros the act of directly provoking acts of terrorism or publicly praising these acts.

12.3.4.7 Incitement to Drug Use:

Article L3421-4 of the Public Health Code: Punishes with five years of imprisonment and a fine of 75,000 euros the act of presenting drugs in a favorable light or advertising their sale, transfer, or use.

12.3.4.8 Incitement to Hatred, Violence, and Discrimination:

Article 24 of the Freedom of the Press Act of July 29, 1881: Punishes the incitement to discrimination, hatred, or violence against a person or group of people based on their origin, ethnicity, nationality, race, or religion.

12.3.4.9 Harmful Content (viruses, malware, etc.):

Art. 323-1 to 323-7 of the Penal Code: These articles sanction offenses related to automated data processing systems, such as the introduction, deletion, or modification of data, or obstructing a system.

12.3.4.10 Violation of Trademark Rights:

Art. L716-1 and following of the Intellectual Property Code: Sanction violations of trademark rights.

12.3.4.11 Protection of Personal Data:

Art. 226-16 to 226-24 of the Penal Code: Concern violations of the provisions of the law on the protection of personal data.

13 Reserved Property

13.1 In the Context of Sale

The goods that will be delivered to you and invoiced will remain the property of the Supplier until full payment of their price. Failure to pay the full amount may result in the reclaiming of the goods by the Supplier, with immediate restitution and the goods being delivered at your expense, risk, and peril. During the period from delivery to the transfer of ownership, the risks of loss, theft, or destruction, as well as any damage you may cause, remain your responsibility.

13.2 In the Context of Rental

The goods that will be delivered to you during the rental agreement will remain the property of the Supplier. Failure to pay may result in the reclaiming of the goods by the Supplier, with immediate restitution and the goods being delivered at your expense, risk, and peril. During the period from delivery to the return of the equipment, the risks of loss, theft, or destruction, as well as any damage you may cause, remain your responsibility.

14 Intellectual Property.

14.1 Copyright on the Website

The website ajabox.com, including its design, structure, design, these general terms and conditions of sale, and its content (text, images, graphics, etc.), is the exclusive property of the Author, the original creator. Any reproduction, copying, modification, publication, adaptation, transfer, or exploitation of all or part of the site, by any means or process, is prohibited, unless prior written authorization from the Author.

14.2 Site Exploitation Right

The Author has granted the Supplier an exclusive exploitation right for the territory of France. However, this concession does not confer on the Supplier or any other third party any ownership or copyright over the content or design of the site.

14.3 Trademark

The Ajabox trademark, including its logo and any other associated distinctive sign, is the exclusive property of the Author. Any use, reproduction, imitation, or application of this trademark without the express authorization of the Author is strictly prohibited and constitutes infringement.

14.4 Software Rights:

14.4.1 General

The software preinstalled on the hardware is protected by copyright and remains the exclusive property of the Author.

14.4.2 Personal Use

When purchasing hardware with preinstalled software for personal use, the Client is granted a non-exclusive, non-transferable right to use the software. This right of use is strictly limited to private and non-commercial use.

14.4.3 Professional Use

When purchasing hardware with preinstalled software for professional use, the Client is granted a non-exclusive, non-transferable right to use the software for the specific needs of their professional activity. Any reproduction, distribution, or exploitation of the software beyond the needs of the purchasing entity, without prior written authorization from the Author, is prohibited.

14.4.4 Common Restrictions

In both cases, whether for personal or professional use, any modification, reverse engineering, decompilation, or any other attempt to access the source code of the software is strictly prohibited.

14.5 Sanctions

Any unauthorized use of the website, the Ajabox trademark, or the software may constitute a violation of copyright, image rights, personal rights, or any other applicable intellectual property regulations and may result in legal action.

15 Data Protection

In accordance with Law 78-17 of January 6, 1978, it is reminded that the personal data requested from the Client are necessary for the processing of their order and, in particular, for the issuance of invoices. This data may be communicated to potential partners of the Supplier responsible for the execution, processing, management, and payment of orders. The processing of information provided through the website has been declared to the CNIL under number 1797436. The Client has, in accordance with current national and European regulations, a permanent right of access, modification, rectification, and opposition regarding the information concerning them, by writing, by mail and by justifying their identity to the Supplier.

16 Imprévision.

These Terms and Conditions expressly exclude the legal regime of unforeseeability provided for in Article 1195 of the Civil Code for all sales operations of the Supplier's products to the Client. The Supplier and the Client therefore waive the right to invoke the provisions of Article 1195 of the Civil Code and the regime of unforeseeability provided therein, committing to fulfill their obligations even if the contractual balance is disrupted by unforeseeable circumstances at the time of the conclusion of the sale, even if their performance proves to be excessively burdensome, and to bear all economic and financial consequences.

17 Exécution forcée

By derogation from the provisions of Article 1221 of the Civil Code, the Parties agree that in the event of a breach by either Party of its obligations, the injured Party cannot demand forced execution. In the event of non-performance of any of the obligations incumbent on the other Party, the injured Party may, in accordance with the provisions of the "Contract Resolution" article, request the resolution of the contract.

18 Exception d’inexécution

It is recalled that in accordance with Article 1219 of the Civil Code, each Party may refuse to perform its obligation, even if it is due, if the other Party does not perform its own obligation and if this non-performance is sufficiently serious, meaning it could jeopardize the continuation of the contract or fundamentally upset its economic balance. The suspension of performance will take effect immediately upon receipt by the defaulting Party of the notice of default sent for this purpose by the injured Party indicating the intention to apply the exception of non-performance until the defaulting Party remedies the observed breach, sent by registered letter with acknowledgment of receipt or on any other durable written medium that provides evidence of sending. This exception of non-performance may also be used preventively, in accordance with the provisions of Article 1220 of the Civil Code, if it is clear that one of the Parties will not perform its obligations by the due date and that the consequences of this non-performance are sufficiently serious for the injured Party. This option is used at the risk and peril of the Party taking the initiative. The suspension of performance will take effect immediately upon receipt by the presumed defaulting Party of the notice of the intention to apply the preventive exception of non-performance until the presumed defaulting Party performs the obligation for which a future breach is clear, sent by registered letter with acknowledgment of receipt or on any other durable written medium that provides evidence of sending. If the impediment were definitive or lasted beyond 6 months, these terms and conditions would be purely and simply resolved in accordance with the modalities defined in the "Contract Resolution" article.

19 Force majeure.

The Parties cannot be held responsible if the non-performance or delay in the performance of any of their obligations described in these terms and conditions results from a case of force majeure, as defined in Article 1218 of the Civil Code.

20 Contract Resolution.

In the event of force majeure, it is expressly agreed that the Parties may terminate this contract automatically, without notice or formality. In the event of non-compliance by either of the Parties with the following obligations: non-payment when due, the contract may be terminated at the option of the injured Party. It is expressly understood that this resolution for a Party's failure to meet its obligations will occur automatically, with the notice resulting solely from the non-performance of the obligation, without notice or formalities. It is expressly agreed between the Parties that the debtor of an obligation to pay under this agreement will be validly put in default by the mere maturity of the obligation, in accordance with the provisions of Article 1344 of the Civil Code. In any event, the injured Party may seek damages in court, subject to the cases provided for in paragraphs 9, 10, and 11 prevailing over this paragraph.

21 Disputes.

All disputes arising from the purchase and sale operations carried out under these Terms and Conditions, concerning their validity, interpretation, performance, termination, consequences, and consequences that could not be resolved between the Supplier and the Client, will be submitted to the competent courts under the conditions of common law. The Client is informed that they can in any case resort to conventional mediation, in particular with the Consumer Mediation Commission (C. consom. art. L 612-1) or with existing sectoral mediation bodies or any alternative dispute resolution method (conciliation, for example) in case of dispute.

22 Pre-contractual Information - Client's Acceptance.

The act of a natural person (or legal entity) ordering on the Internet site implies full and complete acceptance of these Terms and Conditions and the obligation to pay for the products ordered, which is expressly recognized by the Client, who waives, in particular, the right to rely on any contradictory document that would be unenforceable against the Supplier.

23 Miscellaneous Provisions

The Supplier will archive the purchase orders and invoices on reliable and durable media constituting a faithful copy in accordance with the provisions of Article 1348 of the Civil Code. The computerized records of the Supplier will be considered by the Parties as evidence of communications, orders, payments, and transactions between the Parties, unless proven otherwise. French law applies without excluding the application of mandatory legislative rights granted to consumers or a more protective law by the foreign judge seized by a consumer from the corresponding country. If any clause or provision of these Terms and Conditions were to be annulled or declared illegal by a final court decision, this nullity or illegality would not affect the other clauses and provisions, which will continue to apply. The fact that the Supplier does not rely on one of the clauses of these Terms and Conditions at a given time cannot be considered a waiver of the right to rely on these same clauses in the future.

ANNEX I

Provisions on Legal Guarantees

  Article L217-4 of the Consumer Code The seller is obligated to deliver a product that conforms to the contract and is responsible for conformity defects that exist at the time of delivery. It is also responsible for conformity defects resulting from packaging, assembly instructions, or installation when these were made its responsibility by the contract or were carried out under its responsibility. Article L217-5 of the Consumer Code To be in conformity with the contract, the product must: - Be suitable for the usual use expected of a similar product and, where applicable, - Correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model, - Present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer, or its representative, particularly in advertising or labeling, - Or present the characteristics defined by mutual agreement between the Parties or be suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the seller. Article L217-12 of the Consumer Code The action resulting from non-conformity is time-barred after two years from the delivery of the product. Article L217-16 of the Consumer Code When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable property, for restoration under the warranty, any period of immobilization of at least seven days is added to the duration of the warranty that remained to run. This period runs from the buyer's request for intervention or from the availability for repair of the property in question, if this availability is later than the request for intervention. Article 1641 of the Civil Code The seller is bound by the guarantee against hidden defects in the thing sold that render it unfit for the use for which it is intended, or that so diminish this use that the buyer would not have acquired it, or would have given a lower price for it, had he known of them. Article 1648, paragraph 1, of the Civil Code The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.

ANNEX II

Withdrawal Form

  This form must be completed and returned only if the Customer wishes to withdraw from the order placed on the internet, except for exclusions or limitations to the exercise of the right of withdrawal according to the applicable General Sales Conditions. To the attention of: Sethy Consulting Service Ajabox 9 Rue Emile Allez 75017 PARIS   I hereby notify the withdrawal from the contract for the order of the following service: - Order date: - Order number: ................................................... - Customer's name: .............................................. - Customer's address: .........................................   Customer's signature (only in case of notification of this form on paper):