GENERAL TERMS AND CONDITIONS OF SALE AND USE

Version 1.0 in effect as of 08/08/2023

1 Identity and Role of the Supplier

Sethy consulting SARL with a capital of 8000€

RCS Paris 444 059 463 00042

VAT No.: FR 92 444 059 463

Head office: 9 rue Emile Allez 75017 Paris - France.

Official publisher of airbncloud products and services for France

Hereinafter referred to as "Supplier".

2 Identity and Role of the Author

Olivier Picard

Residing for the purposes of this document at Sethy consulting 9 rue Emile Allez 75017 Paris - France.

Author of airbncloud products and services and Owner of the brand.

Hereinafter referred to as "The Author" or "Owner" depending on the context.

3 Identity and Role of the Client

The individual or legal entity referred to as the "Client" in the following document is the one linked to the customer account on the website airbncloud.com who placed the order.

The products and services offered by the Supplier can be used for personal or professional purposes.

For individuals, the qualification of professional or non-professional will depend on the nature of the use made of the ordered product or service.

Legal entities will automatically be considered as professional clients.

4 Application of Terms.

For the purposes of this document, the Client and the Supplier may also be referred to individually 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 airbncloud.com.

These GTC and the operations arising from them are governed by and subject to French law.

The Client (consumer or professional) declares that they have read these GTC and accepted them by checking the box provided for this purpose before the online ordering procedure is initiated. Unless proven otherwise, the data recorded in the Supplier's computer system constitutes evidence of all transactions concluded with the Client.

You agree that the information requested for the conclusion of the contract or provided during its execution may be transmitted electronically.

The GTC may be modified at any time without notice by the Supplier, with the modifications then applying to all subsequent orders or subscription renewals.

The applicable GTC are those in effect on the day of the order or subscription renewal. The validation of the order or non-cancellation before the renewal date by the Client constitutes acceptance without restriction or reservation of these GTC.

The Client acknowledges having the required capacity to contract and use 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 Client is required to review them before placing an order.

The choice, purchase, rental, or subscription of a product or service is solely the responsibility of the Client.

The photographs and graphics presented on the website are not contractual and cannot hold the Supplier responsible.

The Client is required to refer to the description of each product or service to understand its properties and essential features.

The Supplier may update and improve its product/service pages or withdraw products/services from sale.

6 Steps to Place an Order.

The GTC are available on our website and can be downloaded upon order validation. You acknowledge having read them thoroughly by clicking the mandatory "acceptance of general terms and conditions of sale" to finalize the order.

A summary of the order with the download link for the invoice will be sent to you once the order has been completed.

For the first internet order, any new Client must create a "Client Account"; a username ("login") and a password of at least 12 alphanumeric characters will be required.

For each order validation, you will be directed to your account via a secure connection, recalling the contents of your order.

Your order can be modified at any time before final validation. It will only be definitively recorded after entering the required information and final validation.

French is the only language offered for the conclusion of the contract. The version you are currently reading is only a translation of the French original which will be the only authentic one in the event of a contradiction due to a bad translation.

The Supplier archives the order forms 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 due to the "double-click" procedure (the possibility to verify the details of your order and its total price, and to correct any errors before confirming it to express your acceptance).

The receipt of your order is confirmed by an automatically generated email sent to the email address provided when the Client account was created.

Any abnormal or bad-faith order, any fraud or attempt to defraud, any payment incident for the price of an order may lead to the deletion and/or deactivation of the concerned Client's account and/or the refusal of the order.

Similarly, the Supplier reserves the right to cancel or refuse any order from a Client with whom there is a dispute related to the payment of a previous order.

7 Prices.

The prices listed on the website are indicated in euros, inclusive or exclusive of taxes, excluding delivery charges. The absence of indication of TTC (all taxes included) or HT (exclusive of taxes) means a TTC price for France and an HT price for abroad. The delivery charges are calculated automatically based on each order and appear in the order summary before final registration.

These prices are fixed 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 several types of services: product sale, product rental, subscription to services. In this context, the formation of a contract between the Client and the Supplier follows the rules set out below:

8.1 For All Types of Services

The sale, rental, or subscription contract, 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, where applicable, the special conditions related to the product or service have contractual value between the Parties (hereinafter referred to as the "Contract").

8.2 Specificity of Rental

A refusal to rent may be made to a Client, particularly in the following cases:

1. Missing, incomplete, non-compliant supporting documents, or those that do not clearly identify the Client;
2. If requested by the Supplier, absence of a security deposit or one that does not sufficiently guarantee the Client's solvency;

• Notorious insolvency of the Client;

1. Previous non-payments of amounts owed by the Client to the Supplier.

The provision of the equipment may be subject to the submission of identification and address proof.

As payment guarantee, the Supplier may request a bank guarantee and/or 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 acquisition value, does not accrue interest.

In case of full return of the equipment in perfect condition, the Supplier commits to return, where applicable, the full security deposit paid once the equipment's condition has been verified.

In any case, even if no prior security deposit or guarantee was requested, in case of partial return or damaged equipment, the Supplier may request the Client to pay the replacement cost for the missing or damaged equipment. In this case, a processing fee of €50 TTC will be immediately added to the replacement cost of the equipment.

9 Duration and End of the Contract

9.1 Sales Contract

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

9.1.1 Order Cancellation Due to Excessive Preparation Delay

In case of an order preparation delay exceeding 30 days from the normal times indicated in paragraph 10.2, the Client has the option to request the cancellation of their order. If the client exercises their right to cancel the order due to excessive preparation delay, the order will be fully refunded within 14 days, excluding any compensation or withholding, by the same payment method used by the Client.

9.1.2 Order Cancellation Due to Non-Payment

If the corresponding payment for the order does not reach the Supplier within 30 days, the Supplier reserves the right to terminate the sales contract.

This does not entitle the Client to keep the products if they have already been delivered. In this case, the Client must return the equipment with all its accessories, in its original packaging, in perfect working condition, to the Supplier by any means and as soon as possible.

9.1.3 Delivery of the Product to the Client (for Professional Clients only)

For professional clients, in case of a sale, once the product is delivered without valid dispute raised within 2 business days, the contract is deemed terminated.

9.1.4 Delivery Time of the Product to the Client (for Non-Professional Clients only)

For consumers, delivery means the transfer of physical possession or control of the product. In case of delivery delay, you may terminate the contract in accordance with the provisions of Article L.216-2 of the Consumer Code.

If the Client wishes to terminate the contract for this reason, any amounts paid will be refunded within 14 days following the date of contract termination, excluding any compensation or withholding.

9.1.5 Withdrawal and Return of the Product (for Non-Professional Clients only)

9.1.5.1 Physical Products

For non-professional clients, the withdrawal period of 14 days, as provided by the Consumer Code, begins the day after the product is delivered. The Client wishing to exercise this right must explicitly request it by any opposable means or, in the absence thereof, by sending the annex II of these GTC by registered mail and return the equipment with all its accessories, in its original packaging, in perfect working condition, to the Supplier as soon as possible.

Upon receipt of the product returned by the Client, the Supplier will inform the Client within 5 business days of the conformity or non-conformity of the return. Once the return is accepted without reservation by the Supplier, or after the 5 business days have passed without a response from the Supplier, this contract is considered terminated.

This termination does not release the Supplier from its obligation to refund the order amount within 14 days after the end of this contract under the conditions previously mentioned, excluding any compensation or withholding.

9.1.5.2 Downloadable or Online Usable Digital Products

The 14-day withdrawal period provided by the Consumer Code is not compatible with our downloadable or online usable digital products, as they can be accessed immediately after purchase.

When ordering such products, you are notified by a mandatory checkbox that you must explicitly agree to waive the withdrawal right to be able to use the digital product immediately.

Consequently, it is not possible to interrupt the sales process or terminate the contract for this reason of "withdrawal" concerning our downloadable or online usable digital products.

9.1.6 Expiration of the Withdrawal Period (for Non-Professional Clients only)

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

9.2 Rental Contract

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

9.2.1 Order Cancellation Due to Excessive Preparation Delay

The end of the rental contract due to excessive preparation delay follows the same conditions as for the sales contract outlined in paragraph 9.1.1.

9.2.2 Withdrawal and Return of the Product (for Non-Professional Clients only)

The end of the rental contract within the framework of the withdrawal period provided by the Consumer Code follows the same conditions as the sales contract outlined in paragraph 9.1.5.

9.2.3 Termination of the Rental Contract by the Client

The Client commits to a rental period identical to the advance payment they make after a minimum of 12 months, regardless of the selected payment period. Consequently, after the first 12 months of rental, the Client can stop the rental at any time. After each paid period, renewal is automatic for a period of the same duration to avoid service interruption for the Client. However, the Client may at any time decide to return the equipment with all its accessories in its original packaging to the Supplier to stop the renewal and end the rental contract.

Upon receipt of the product returned by the Client, the Supplier will test the proper functioning of the equipment within 5 business days. If the equipment is complete with all accessories and in good working condition, the Supplier will stop the automatic renewal, and the rental contract will end.

The Client must make arrangements so that the returned equipment is delivered to the Supplier 5 business days before the next renewal, allowing the return process to be handled. Consequently, if a renewal is due within 5 business days from the Supplier’s receipt of the returned equipment, the renewal will remain valid.

Notwithstanding the above, if after testing, accessories are missing or the equipment is in poor working condition, the Supplier will contact the Client to try to reach an amicable solution.

If no agreement is reached, the Supplier reserves the right to charge the Client for the equipment at its selling price on the website at the time of return or its replacement price.

9.2.4 Termination of the Rental Contract Due to Non-Payment

In case of payment failure, for any reason, regarding any of the proposed payment methods (e.g., insufficient account balance, expired credit card), if the corresponding funds do not reach the Supplier within 30 days, the Supplier reserves the right to terminate the contract.

For physical products, this does not entitle the Client to keep the products if they have already been delivered. In this case, the Client must return the equipment with all its accessories, in its original packaging, in perfect working condition, to the Supplier by any means as soon as possible.

9.2.5 Termination of the Rental Contract by the Supplier

Under any ongoing contract between the Client and the Supplier, the Client must comply with the terms of use for the Supplier's products and services described in paragraph 12.

In case of a breach by the Client or their users of these terms of use, the Supplier reserves the right to restrict, suspend, or cancel the services.

It also reserves the right to invoke the termination of the contract for such breaches. In this case, no refund will be issued by the Supplier for amounts paid by the Client.

If the Client's or their users' wrongful behavior causes harm to the Supplier or the Author of the products, services, and Owner of the brand, they reserve the right, jointly or individually, to pursue the Client and their users for damages.

9.2.6 Delivery Delay of the Product to the Client (for Non-Professional Clients only)

The end of the rental contract due to non-compliance with the delivery time follows the same conditions as the sales contract outlined in paragraph 9.1.4.

9.3 Subscription Contract

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

9.3.1 Withdrawal (for Non-Professional Clients only)

The end of the subscription contract within the framework of the withdrawal period provided by the Consumer Code follows the same conditions as the sales contract outlined in paragraph 9.1.5.

9.3.2 Termination of the Subscription Contract by the Client

The Client commits to a subscription period identical to the advance payment they make. After this period, renewal is automatic for the same duration to avoid service interruption for the Client.

At any time, the Client can decide to stop this automatic renewal. To do so, they go to their client account, select the order corresponding to the subscription, click the "view" button in the "Related Subscriptions" section of the order page. On the subscription page, they click "cancel." The cancellation will be processed as "pending cancellation." The cancellation will take effect on the next scheduled payment without it being made.

This "pending cancellation" phase allows the Client to continue benefiting from the services until the end of the already paid duration. During this phase, the Client can also change their mind by reactivating the automatic renewal by clicking the "reactivate" button.

9.3.3 Termination of the Subscription Contract Due to Non-Payment

The end of the subscription contract due to non-payment follows the same conditions as the rental contract outlined in paragraph 9.2.4.

9.3.4 Termination of the Subscription Contract by the Supplier

The end of the subscription contract by the Supplier follows the same conditions as the rental contract outlined in paragraph 9.2.5.

10 Order Execution.

The order execution process begins from the moment the order is placed as described in paragraph 6.

Subsequently, this process follows the steps outlined below:

10.1 Payment.

During this phase, the order appears with the status "pending" in the Client's account on the Supplier's website.

The order execution process proceeds to the next step once the payment for the amounts owed under this order is made.

10.2 Preparation.

During this phase, the order appears with the status "in progress" in the Client's account on the Supplier's website.

For physical products, the Supplier assembles the products and conducts a series of functional tests at the time of the order before shipping the product. As a result, 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 at the Supplier's subcontractors or wholesalers. If this is not the case, the Supplier informs the Client of the preparation time if it is likely to be longer.

10.3 Handover to Carrier.

During this phase, the order appears with the status "ready to ship" in the Client's account on the Supplier's website.

The order is awaiting handover to the carrier. Generally, the Supplier performs a handover to the carrier on business days. Consequently, the time frame varies depending on when the Client’s order was completed.

10.4 Delivery.

During this phase, the order appears with the status "in delivery" in the Client's account on the Supplier's website.

The delivery time refers to the date and time the product is handed over to the carrier until the date it is made available to the Client at the delivery address provided in the order form.

The Supplier delivers the goods without undue delay, and no later than within the time frame specified in the chosen delivery method at the time of the order. Delivery is made to the address provided by the Client during the order.

In case of unjustified delivery delay, the Client has the option to request contract termination as per the terms outlined in paragraph 9.1.4 if eligible for this clause.

10.5 Receipt.

From this step onward, the order appears with the status "delivered" in the Client's account on the Supplier's website.

This step is triggered when the Client, or a third party other than the carrier proposed by the Supplier and designated by the Client, physically takes possession of the goods.

It is the Client's responsibility to refuse or have the delivery refused if the merchandise is damaged, missing, or if the package has been opened or reconditioned, and if no specific and detailed reservations are made on the delivery note, reiterated by registered mail to the carrier within 3 business days following delivery.

In such cases, the Client is advised to immediately contact the Supplier so that the Supplier can provide the procedure for maintaining recourse against the carrier.

11 Warranties.

If there is an issue 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 Clients).

For products with a specific manufacturer warranty (warranty coverage directly by the manufacturer, on-site warranty, or specific warranty extension), the Client must contact the manufacturer directly, without going through the Supplier, who provides no commercial warranty for these products. The Supplier will refuse any product return under these conditions and cannot be held responsible for any failure of the manufacturer under this warranty.

11.2 Commercial Warranty (All Clients)

11.2.1 Standard Warranty

The products are covered by the Manufacturer’s warranty and, failing that, by the Supplier's warranty against material or manufacturing defects for a period of 12 months from the delivery date, unless stated otherwise in special conditions.

11.2.2 Limitation

The Supplier’s commercial warranty is limited to the repair, replacement, or refund of goods recognized as defective by the Supplier, taking into account how they have been used, at its discretion. The Supplier is committed only to replacing defective parts and repairing damages to the goods provided to the Client. The Supplier’s customer service can only operate within the framework of its warranty or the legal warranty.

If the equipment cannot be replaced by an identical item, the Client will be offered an equivalent or superior product, or a voucher. Subject to mandatory legal provisions, the Supplier’s liability is strictly limited to the obligations defined in these terms and conditions or, if applicable, in specific conditions.

The Supplier cannot be held responsible for the loss or alteration of data or programs present on the devices or media (memory cards, USB drives, hard drives, etc.) returned for technical intervention, whether the products are under warranty or not.

The Supplier cannot be held responsible for material and immaterial damages during repairs if the Client erroneously returns products not provided by the Supplier.

The Supplier is not liable under the warranty for breakdowns or damages resulting directly or indirectly from the following:

– Any unprotected or prolonged storage.

– Any negligence, incorrect connection or handling, maintenance, or use of equipment not complying with the Supplier's or manufacturer’s specifications, or more generally, defective or careless use.

– Any addition of a supplementary device or accessory to the equipment, or use of any parts required for the equipment’s operation that do not meet the Supplier’s or manufacturer’s technical specifications.

– Any mechanical, electronic, electrical, or other modification made to the equipment or its connection devices by any third party. In case of the manufacturer’s bankruptcy or inability to supply, the Client cannot take action against the Supplier, who will assume no warranty responsibility for products covered by the manufacturer’s warranty.

11.3 Legal Warranties (Non-Professional Clients Only)

The products provided by the Supplier benefit, by law and without additional payment, independently of the right of withdrawal, from the following legal warranties:

– The legal warranty of conformity for products that are apparently defective, damaged, or do not match the order,

– The legal warranty against hidden defects arising from a material, design, or manufacturing defect affecting the delivered products, rendering them unfit for use, under the conditions and as defined in the annex to these Terms and Conditions (Conformity Warranty / Hidden Defects Warranty).

It is reminded that under the legal conformity warranty, the Client:

– has a two-year period from the delivery of the goods to act against the Supplier;

– can choose between the repair or replacement of the ordered product, subject to the cost conditions provided for in Article L 217-9 of the Consumer Code;

– is not required to prove the existence of the product’s conformity defect within 24 months from delivery, except for second-hand goods.

The legal conformity warranty applies independently of any commercial warranty that may cover the product.

The Client can decide to enforce the warranty against hidden defects of the product according to Article 1641 of the Civil Code; in that case, they may choose between canceling the sale or reducing the sale price according to Article 1644 of the Civil Code.

To assert their rights under the previous paragraph, the Client must inform the Supplier in writing of the product's non-conformity within a maximum of 14 days from the delivery of the products or the discovery of the hidden defects within the aforementioned time frames and return the defective products in the condition in which they were received, along with all elements (accessories, packaging, manuals, etc.).

The Supplier will refund, replace, or repair products or parts under warranty found to be non-conforming or defective.

Shipping costs will be reimbursed based on the charged rate, and return costs will be reimbursed upon presentation of receipts.

Refunds for products deemed non-conforming or defective will be processed as soon as possible and no later than 30 days following the Supplier’s acknowledgment of the non-conformity or hidden defect.

The refund will be made via a credit to the Client’s bank account or by check addressed to the Client.

The Supplier's liability will not be engaged in the following cases:

– Non-compliance with the legislation of the country to which the products are delivered, which it is the Client's responsibility to verify,

– In case of misuse, use for professional purposes of a product version not intended for that, negligence, or lack of maintenance by the Client, such as normal wear and tear, accidents, or force majeure.

The Supplier's warranty is, in any case, limited to the replacement or refund of non-conforming or defective products.

11.4 Legal Warranties (Professional Clients Only)

The Client can decide to enforce the warranty against hidden defects of the product according to Article 1641 of the Civil Code; in this case, they can choose between canceling the sale or reducing the sale price according to Article 1644 of the Civil Code.

To assert their rights under the previous paragraph, the Client must inform the Supplier in writing of the product's non-conformity or the discovery of hidden defects within a maximum of 14 days from the delivery of the products and return the defective products in the condition in which they were received, along with all elements (accessories, packaging, manuals, etc.).

As a professional Client, they irrevocably accept the 14-day period as sufficient for using the product’s full functions to detect any hidden defects.

12 Usage Conditions – Client Obligations

12.1 Skill Level

The Client is a technically competent user, as the equipment cannot be properly used without a reasonable level of knowledge. The Supplier does not need to ensure the Client's technical competence, which is always assumed. The person identified as the Client who activated the equipment is presumed to be the exclusive administrator of this equipment for the entire usage period.

12.2 Miscellaneous Obligations

The Client expressly agrees and acknowledges:

Having chosen, under their sole responsibility, the equipment subject to the contract. They will therefore have no recourse against the Supplier if the equipment provided is found to be unsuitable for their needs;

That any loan or subletting of the equipment is prohibited. Similarly, the Client agrees never to pledge the equipment;

That any non-compliant use of the equipment, or use outside the environmental conditions specified by the manufacturer, Supplier, or common sense, during the usage period, is prohibited. Any harmful consequence resulting from this is the sole responsibility of the Client, as well as any breakdown caused by it. It is reminded that the manufacturer's standards and prescriptions are usually found in the technical documentation mentioned above;

That any modification of the equipment is prohibited, including disassembly. In case of breakdown, the Client will not carry out any repairs, nor appoint any maintenance company directly, unless prior written agreement from the Supplier. They will not remove the identification numbers from the equipment. Any harmful consequence resulting from a modification is the sole responsibility of the Client, as well as any breakdown caused by it;

That a sudden and accidental electrical or mechanical breakdown that does not risk endangering people's safety, whether recent or not (normal wear), is an event the Supplier cannot reasonably control and whose occurrence is possible. Any harmful consequence resulting from such a breakdown for the Client is in no way attributable to the Supplier.

That, given the frequent risk of computer sabotage (viruses) and its harmful consequences (logical failures), the Client will also implement, at their own expense, any appropriate solution (notably antivirus installation) to reduce this risk, on other computing equipment connected to the same internal network as the airbncloud box. The Supplier has no responsibility or obligation in this matter;

Not to claim any price reduction, suspension of payment, or indemnity if the equipment could not be used for any reason, in particular: partial or total incompatibility of the delivered equipment with any other equipment and/or software owned by the Client, whether licensed or not.

12.3 airbncloud Usage Rules

The Client agrees to comply with and enforce the usage rules below by users they invite to their airbncloud box:

12.3.1 Compliance with Applicable Laws

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

12.3.2 Prohibition of Illegal Content

The Client and all users agree not to store, publish, distribute, or disseminate via the airbncloud box any content:

• slanderous, defamatory, obscene, offensive, violent, or inciting violence, racist, xenophobic, or any other discriminatory nature;
• violating copyright or related rights, patent rights, trademark rights, trade secrets, third-party rights in advertising or confidentiality, or any other intellectual property rights;
• promoting or encouraging illegal activities;
• containing viruses or any other code, file, or program designed to disrupt, destroy, limit, or monitor the use of any software, hardware, or telecommunication system.

12.3.3 Respect for the Brand

The Client and all users acknowledge and agree that the domain name associated with the service, as well as the brand under which the service is operated, are the exclusive property of the Author of the airbncloud service. Any unauthorized use, reproduction, imitation, or application of this brand is strictly prohibited.

The Supplier and the Author reserve the right to pursue the Client and its users for damages caused to the brand due to non-compliance with these usage conditions under paragraph 12.3.

12.3.4 Specific Responsibility Related to the Use of Sharing Links

When a user shares content via a link generated from their "airbncloud account" using the airbncloud.com domain name, they are fully responsible for the shared content with respect to third parties.

The user agrees to indemnify, defend, and hold harmless the Supplier and/or the Owner of the brand from any claims, damages, losses, costs, or expenses (including lawyer’s fees) arising directly or indirectly from the use of these links to share content that violates applicable laws, public order, or infringes on the rights of third parties.

Without limiting this, here are the main laws condemning illegal behaviors:

12.3.4.1 Defamatory, Offensive Content, etc.:

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 Related Rights Violation:

Intellectual Property Code:

Art. 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.

Art. L335-2: Punishes with three years imprisonment and a fine of 300,000 euros the act of making public works, performances, phonograms, videograms, or programs without the rights holders' permission.

12.3.4.3 Harmful Content:

Article 227-23 of the Penal Code: The act of recording or transmitting the image or representation of a minor in a pornographic manner is punishable by five years imprisonment and a fine of 75,000 euros. If the image involves a minor under the age of fifteen, the act is punishable even if it was not intended for distribution.

The act of offering, making available, or distributing such an image by any means, importing or exporting it, is punishable by the same penalties.
...

13 Ownership

13.1 In the Context of the Sale

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

13.2 In the Context of the Lease

The goods that will be delivered to you during the lease contract remain the property of the Supplier. Failure to make payment may result in the Supplier reclaiming the goods, with immediate return, and the goods delivered at your expense, risk, and peril. During the period from delivery until the return of the equipment, the risks of loss, theft, or destruction, as well as any damages you may cause, remain your responsibility.

14 Intellectual Property.

14.1 Copyright on the Website

The website airbncloud.com, including its design, structure, layout, these general terms and conditions of sale, and its content (texts, 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 is obtained from the Author.

14.2 Exploitation Rights of the Website

The Author has granted the Supplier exclusive exploitation rights for the website within the territory of France. However, this grant does not confer upon the Supplier or any third party any property rights or copyright on the content or design of the website.

14.3 Trademark

The airbncloud 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 would constitute infringement.

14.4 Software Rights:

14.4.1 General Information

The software pre-installed on the equipment is protected by copyright and remains the exclusive property of the Author.

14.4.2 Personal Use

When purchasing the equipment with pre-installed software for personal use, the Client is granted a non-exclusive, non-transferable right to use the software. This usage license is strictly limited to private and non-commercial use.

14.4.3 Professional Use

When purchasing the equipment with pre-installed software for professional use, the Client is granted a non-exclusive, non-transferable right to use the software for the needs of their professional activity. Any reproduction, distribution, or exploitation of the software beyond the requirements 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 airbncloud 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 the law 78-17 of January 6, 1978, it is reminded that personal data requested from the Client is necessary for processing the order and issuing invoices. This data may be shared with the Supplier's potential partners 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 national and European regulations, the right to access, modify, rectify, and oppose the use of their data by writing, by mail, and providing proof of their identity to the Supplier.

16 Unexpected Circumstances

These general terms and conditions expressly exclude the legal regime for unforeseen circumstances provided in Article 1195 of the Civil Code for all sales of the Supplier’s products to the Client. Both the Supplier and the Client waive the provisions of Article 1195 of the Civil Code and the regime of unforeseen circumstances set out therein, agreeing to fulfill their obligations even if the contractual balance is disrupted by circumstances that were unforeseeable at the time of the sale, even if the execution becomes excessively burdensome, and to bear all economic and financial consequences.

17 Forced Execution

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 other Party may not request forced execution. The Party suffering from the breach may, in the event of non-performance of any of the obligations by the other Party, request the termination of the contract according to the terms defined in the "Contract Termination" article.

18 Exception for Non-Performance

It is reminded that under 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 fulfill its own obligation, and if this non-performance is serious enough, i.e., likely to undermine the continuation of the contract or fundamentally disturb its economic balance.

The suspension of execution will take effect immediately upon receipt by the defaulting Party of the notice of breach sent by the Party suffering from the breach indicating the intention to apply the exception for non-performance until the defaulting Party has remedied the identified breach, communicated by registered letter with acknowledgment of receipt or any other durable written medium providing proof of the sending.

This exception for non-performance can also be applied preventively, in accordance with the provisions of Article 1220 of the Civil Code, if it is clear that one Party will not perform its obligations by the due date and the consequences of this non-performance are serious enough for the Party suffering from the breach. This option is taken at the risk and peril of the Party initiating it.

The suspension of execution will take effect immediately upon receipt by the presumed defaulting Party of the notice of the intention to apply the preventive exception for non-performance until the presumed defaulting Party executes the obligation for which a future breach is evident, communicated by registered letter with acknowledgment of receipt or any other durable written medium providing proof of the sending.

If the hindrance is permanent or lasts more than 6 months, the present conditions will be purely and simply terminated according to the modalities defined in the "Contract Termination" article.

19 Force Majeure

The Parties will not be held responsible if the non-execution or delay in executing any of their obligations, as described herein, results from a force majeure event as defined in Article 1218 of the Civil Code.

20 Termination of the Contract

In the case 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 Party with the following obligations: non-payment by the due date, the contract may be terminated at the discretion of the injured Party. It is expressly understood that this termination due to a breach by one Party of its obligations will occur automatically, with the defaulting Party’s failure to fulfill the obligation being the sole cause of the termination, without notice or execution of formalities. It is expressly agreed that the debtor of an obligation to pay under this agreement will be validly put in default by the mere enforceability of the obligation, in accordance with Article 1344 of the Civil Code.

In any case, the injured Party may seek judicial redress for damages, subject to the cases provided for in paragraphs 9, 10, and 11, which prevail over this paragraph.

21 Disputes

Any disputes arising from the purchase and sale operations conducted under these Terms and Conditions, regarding their validity, interpretation, execution, termination, consequences, and follow-up, that could not be resolved between the Supplier and the Client, will be submitted to the competent courts under common law conditions.

The Client is informed that they may, in any case, resort to conventional mediation, particularly with the Consumer Mediation Commission (C. consom. art. L 612-1) or sectoral mediation bodies, or any alternative dispute resolution methods (such as conciliation) in case of a dispute.

22 Pre-Contractual Information – Client's Acceptance

By ordering on the website, a natural (or legal) person fully accepts and adheres to these Terms and Conditions and is obligated to pay for the products ordered, as expressly recognized by the Client, who waives, in particular, 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 a reliable and durable medium constituting a true copy in accordance with the provisions of Article 1348 of the Civil Code.

The Supplier’s computerized records will be considered by the Parties as proof of communications, orders, payments, and transactions between the Parties, unless proven otherwise.

French law is applicable without excluding the application of mandatory consumer rights or any more protective imperative law by the foreign judge seized by a consumer from the relevant country.

If any clause or provision of these Terms and Conditions is annulled or deemed illegal by a final court decision, this nullity or illegality will not affect the other clauses and provisions, which will continue to apply.

The fact that the Supplier does not invoke a clause of these Terms and Conditions at any given moment cannot be considered a waiver of their right to invoke such clauses later.

ANNEX I

Legal Warranty Provisions

Article L217-4 of the Consumer Code

The seller is required to deliver a good that complies with the contract and is responsible for any defects in conformity existing at the time of delivery. The seller is also responsible for defects in conformity resulting from packaging, assembly instructions, or installation if these have been made their responsibility under the contract or performed under their responsibility.

Article L217-5 of the Consumer Code

To be compliant with the contract, the good must:

– Be suitable for the typical use expected of a similar item and, where applicable,

– Match the description given by the seller and possess the qualities presented to the buyer in the form of a sample or model,

– Exhibit the qualities that a buyer may legitimately expect considering the public declarations made by the seller, the manufacturer, or their representative, particularly in advertising or labeling,

– Or present the characteristics mutually agreed upon by the Parties or be suitable for any special use sought by the buyer, communicated to the seller and accepted by them.

Article L217-12 of the Consumer Code

The action resulting from the defect in conformity must be initiated within two years from the delivery of the good.

Article L217-16 of the Consumer Code

When the buyer requests the seller, during the course of the commercial warranty granted to them upon the acquisition or repair of a movable good, to remedy a defect covered by the warranty, any period of immobilization of at least seven days extends the warranty period still to run. This period starts from the buyer's request for intervention or the availability of the good for repair, if this availability occurs after the request for intervention.

Article 1641 of the Civil Code

The seller is responsible for the warranty against hidden defects in the sold item that make it unfit for its intended use or that significantly diminish its use, so that the buyer would not have purchased it, or would have paid a lower price if they had known about the defects.

Article 1648 Paragraph 1 of the Civil Code

The action resulting from hidden defects must be initiated 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 Client wishes to withdraw from the order placed on the internet, except for exclusions or limitations to the exercise of the right of withdrawal under the applicable General Terms and Conditions of Sale.

To:

Sethy Consulting

Airbncloud Service

9 Rue Emile Allez

75017 PARIS

I hereby notify the withdrawal from the contract concerning the order for the services below:

– Order of

– Order number: …………………………………………………..

– Client's name: ………………………………………………………………….

– Client's address: ……………………………………………………………..

Client's signature (only if this form is notified on paper):