Terms and conditions of sale

Definitions

The present General Terms and Conditions of Sale (hereinafter the "GTCS") are proposed by JP GROUP SASU, a simplified joint stock company with a single shareholder, with a capital of 1000 €, company registered with the RCS of Compiegne under the number 820268381, whose registered office is located at 63 RUE DE BOISSY, 60340 SAINT LEU D'ESSERENT (hereinafter "JP GROUP").

In the following, we will refer to :

• "Site": the https://negobrain.ai/ website and all its pages.
• "Products" or "Services": all products (materials) and services (services) that can be purchased or subscribed to on the Site.
• "Vendor": JP GROUP, a legal or natural person, offering its Products or Services on the Website.
• "Customer": the Internet user, individual or professional, purchasing a Product(s) or Service(s) on the Site.
• "Consumer", as defined in the preliminary article of the French Consumer Code: " any natural person who acts for purposes that do not fall within the scope of his or her commercial, industrial, artisanal or liberal activity ".

Internet users visiting the Site and interested in the Products and Services offered by the Vendor are invited to read these General Terms and Conditions of Sale carefully, to print them out and/or to save them on a durable medium, before placing an order on the Site.

The customer acknowledges having read and understood these terms and conditions and accepts them in full and without reservation.

Article 1 - Application of the GCS and purpose of the Site

The Vendor reserves the right to modify the GCS at any time by publishing a new version on the Site. The GCS applicable to the Customer are those in force on the day of the order on the Site.

Legal information concerning the Site's host and publisher, the collection and processing of personal data and the conditions of use of the Site is provided in the general conditions of use, legal notice and data charter of this Site.

This Site offers the online sale of Artificial Intelligence Negotiation Assistance Platforms.

The Site is freely accessible to all Customers. The purchase of a Product or Service implies the Customer's acceptance of the entirety of these GTS, and the Customer hereby acknowledges that he/she is fully aware of them. This acceptance may consist, for example, in the Customer checking the box corresponding to the sentence of acceptance of the present General Terms and Conditions, for example with the words " I acknowledge having read and accepted all the general terms and conditions of the Site ". Ticking this box will be deemed to have the same value as a handwritten signature by the Customer.

Acceptance of these GTC implies that the Customer has the legal capacity to do so. If the Customer is a minor or lacks legal capacity, he/she declares that he/she has the authorization of a tutor, curator or legal representative.

The Customer acknowledges the evidential value of the Vendor's automatic recording systems and, unless he/she provides proof to the contrary, waives the right to contest them in the event of a dispute.

The Publisher makes available to the Customer, on its Site, a privacy policy specifying all information relating to the use of the Customer's personal data collected by the Publisher and to the Customer's rights with respect to such personal data. The data confidentiality policy forms part of the GTC. Acceptance of these GTS therefore implies acceptance of the Data Privacy Policy.

Article 2 - Creating a customer account

The creation of a "customer account" is a prerequisite for any order placed by the Customer on the present Site. To this end, the Customer will be asked to provide a certain amount of personal information, such as first and last name, e-mail address, postal address and telephone number (this list is not exhaustive). The Customer undertakes to provide accurate information. The Customer is responsible for updating his data. He/she must therefore notify the Vendor immediately of any changes. The Customer is solely responsible for the truthfulness, accuracy and relevance of the data provided.

Customers registered with the Site can access it by logging in using their login details (e-mail address defined at registration and password), or by using systems such as third-party social networking login buttons. The Customer is entirely responsible for the protection of his chosen password. They are encouraged to use complex passwords. If you forget your password, you can generate a new one. This password guarantees the confidentiality of the information contained in the "my account" section, and the Customer is therefore prohibited from transmitting or communicating it to a third party. Failing this, the Vendor cannot be held responsible for unauthorized access to a Customer's account.

The customer account enables the customer to consult all orders placed on the Site. Should the data contained in the customer account section disappear as a result of a technical failure or force majeure, the Vendor cannot be held liable, as this information has no evidential value, but is for information purposes only. The pages relating to the customer account may be freely printed by the customer holding the account in question, but do not in any way constitute proof. They are for information purposes only, intended to ensure efficient management of the customer's orders or contributions.

Customers are free to close their account on the Site. To do so, they must send an e-mail to the Vendor indicating that they wish to delete their account. No data recovery will be possible.

The Vendor reserves the exclusive right to delete the account of any Customer who has contravened these GCS (in particular, and without this example being exhaustive, where the Customer has knowingly provided incorrect information when registering and setting up his personal space) or any account which has been inactive for at least one year. Such deletion shall not constitute a loss for the Customer, who shall not be entitled to claim any compensation as a result. This exclusion is not exclusive of the Vendor's right to take legal action against the Customer, where justified by the facts.

Article 3 - How to place an order and description of the purchasing process

The Products and Services offered are those listed in the catalog published on the Site. These Products and Services are offered while stocks last. Each Product is accompanied by a description drawn up by the Seller based on the descriptions provided by the supplier.

The photographs of the Products in the catalog reflect a faithful image of the Products and Services offered, but do not constitute a contractual commitment insofar as they cannot ensure perfect similarity with the physical Products.

The "Shopping Cart" is defined below as the immaterial object grouping together all the Products or Services selected by the Site's Customer for purchase by clicking on these elements. In order to place an order, the Customer selects the Product(s) he/she wishes to order by adding them to his/her "Shopping Cart", the contents of which may be modified at any time.

Once the Customer considers that he has selected and added to his basket all the Products he wishes to purchase, he will be able to validate his order by accessing his basket by clicking on the button provided for this purpose. The Customer will then be redirected to a summary page on which he/she will be informed of the number and characteristics of the Products ordered, as well as their unit price.

If the Customer wishes to validate his/her order, he/she must tick the box indicating ratification of these GTC and click on the validation button. The Customer will then be redirected to a page where he/she must fill in the order form fields. In the latter case, the Customer will be asked to enter a certain number of personal details, necessary for the order to be processed correctly.

All orders placed on the Site must be duly completed and must specify the necessary information. The customer may make changes, corrections, additions or cancel the order until it has been validated.

Once the Customer has completed the form, he/she will be invited to make payment using the payment methods listed in the payment section of these GCS. After a few moments, the Customer will receive an order confirmation e-mail, reminding them of the content and price of their order.

The Products sold remain the property of the Vendor until full payment of their price, in accordance with the present retention of title clause.

Article 4 - Prices and payment terms

Unless otherwise stated, the prices in the catalog are in Euros, inclusive of all taxes, including VAT applicable on the date of the order and excluding any contribution to processing and shipping costs.

JP GROUP reserves the right to modify its prices at any time and to pass on, if applicable, any change in the current VAT rate to the price of the Products or Services offered on the Website. Nevertheless, the price appearing in the catalog on the day of the order will be the only one applicable to the Customer.

The customer can place an order on this site and pay by credit card with Stripe. Credit card payments are made via secure transactions provided by an online payment platform provider.

This Site does not have access to any data relating to the Customer's means of payment. Payment is made directly to the bank or payment service provider receiving the Customer's payment. In the event of payment by cheque or bank transfer, the delivery times defined in the article "Deliveries" of these GTCS only begin to run from the date of actual receipt of payment by the Vendor, who may provide proof of this by any means. Product availability is indicated on the Site, in the description of each Product.

JP GROUP will archive the purchase orders and the invoices on a reliable and durable support constituting a faithful copy. The computerized records will be considered by the parties as proof of communications, orders, payments and transactions between the parties.

Article 5 - Product warranty

Legal provisions to be reproduced

All items purchased on this site benefit from the following legal guarantees, as provided for in the French Civil Code;

Legal warranty of conformity

In accordance with Articles L.217-4 et seq. of the French Consumer Code, the Vendor is required to deliver goods in conformity with the contract entered into with the Consumer Customer, and to respond to any defects in conformity existing during delivery of the Product. The guarantee of conformity may be exercised if a defect exists on the day the Product is taken into possession. However, if the defect appeared within 24 months of this date (or within 6 months if the order was placed before March 18, 2016, or if the Product is sold second-hand), it is presumed to meet this condition. However, in accordance with Article L.217-7 of the French Consumer Code, " the Seller may rebut this presumption if it is not compatible with the nature of the [Product] or the claimed lack of conformity ".

However, after this period of 24 months (or 6 months if the order was placed before March 18, 2016 or if the product is sold second-hand), it will be up to the Customer to prove that the defect existed at the time of taking possession of the Product.

In accordance with article L.217-9 of the French Consumer Code, "in the event of a lack of conformity, the buyer may choose between repair and replacement of the good. However, the seller may not proceed according to the buyer's choice if this choice entails a manifestly disproportionate cost compared to the other method, taking into account the value of the good or the importance of the defect. He is then obliged to proceed, unless this is impossible, according to the method not chosen by the buyer ".

Legal warranty against hidden defects

In accordance with articles 1641 to 1649 of the French Civil Code, the Customer may invoke the warranty for latent defects if the defects presented did not appear at the time of purchase, predate the purchase (and therefore do not result from normal wear and tear of the Product, for example), and are sufficiently serious (the defect must either render the Product unfit for its intended use, or diminish that use to such an extent that the purchaser would not have bought the Product or would not have bought it at such a price had he known of the defect).

Claims, requests for exchange or reimbursement for a non-conforming Product must be made by post or by e-mail to the addresses indicated in the site's legal notices.

In the event of non-conformity of a delivered Product, it may be returned to the Vendor, who will exchange it. If it is impossible to exchange the Product (obsolete Product, out of stock, etc.), the Customer will be reimbursed by cheque or bank transfer for the amount of the order. The costs of the exchange or refund procedure (in particular the cost of returning the Product) are then borne by the Vendor.

Article 6 - Customer service

The Site's customer service department can be contacted by e-mail at contact@negobrain.ai or by post at the address given in the legal notice.

Article 7 - Liability

The Seller JP GROUP cannot be held responsible for the non-execution of the concluded contract due to the occurrence of an event of force majeure. With regard to the Products purchased, the Vendor shall not be held liable for any indirect damage, operating loss, loss of profit, damage or expenses which may arise from the present contract.

The choice and purchase of a Product or Service are the sole responsibility of the Customer. The total or partial impossibility of using the Products, notably due to equipment incompatibility, cannot give rise to any compensation, reimbursement or liability on the part of the Vendor, except in the case of a proven hidden defect, non-conformity, defect or exercise of the right of withdrawal if applicable, i.e. if the Customer is not a Consumer Customer and the contract entered into to acquire the Product or Service allows withdrawal, in accordance with article L 221-18 et seq. of the French Consumer Code.

The Customer expressly acknowledges that use of the Site is at the Customer's sole risk and responsibility. The Website provides the Customer with information on an indicative basis, with imperfections, errors, omissions, inaccuracies and other ambivalences likely to exist. In any event, JP GROUP shall not be held liable for :

• any direct or indirect damage, in particular with regard to loss of profits, loss of earnings, loss of clientele, loss of data, etc., which may result from the use of the Site, or on the contrary from the impossibility of its use;
• malfunction, unavailability of access, misuse or incorrect configuration of the Customer's computer, or the use of a browser not frequently used by the Customer;
• the content of advertisements and other external links or sources accessible by Customers from the Site.

The photographs and visuals of the Products presented on the Site are not contractual and the Vendor cannot be held responsible if the characteristics of the Products differ from the visuals present on the Site or if the latter are erroneous or incomplete.

Article 8 - Exclusion of liability for content generated by artificial intelligence

The user acknowledges and accepts that the content generated by the Artificial Intelligence-based trading tool is provided for information purposes only. JP GROUP cannot guarantee the accuracy, relevance or effectiveness of the information and recommendations generated by this tool.

It is the user's responsibility to exercise his/her judgment and critical faculties to assess the suitability and applicability of this AI-generated content to his/her particular situation. The user must also make sure to verify the information and recommendations provided by the tool before taking any decision or action based on them.

JP GROUP accepts no liability for the direct or indirect consequences of using AI-generated content. The user assumes full responsibility for decisions made and actions taken on the basis of information and recommendations provided by the tool.

Article 9 - Intellectual property rights

All elements of this Site are the property of the Vendor or a third party agent, or are used by the Vendor with the authorization of their owners.

Any reproduction, representation or adaptation of the logos, textual, pictorial or video content, without this list being limitative, is strictly forbidden and is tantamount to counterfeiting.

Any Customer found guilty of counterfeiting may have his account deleted without notice or compensation and without such deletion constituting damage to him, without prejudice to any subsequent legal proceedings against him, at the initiative of the Vendor or his agent.

This Site uses elements (images, photographs, content) whose credits are held by : .

The trademarks and logos contained in the Site may be registered by JP GROUP, or possibly by one of its partners. Any person proceeding to their representations, reproductions, imbrications, diffusions and reruns incurs the sanctions envisaged in articles L.713-2 and following of the Code of the intellectual property.

Article 10 - Independence of clauses

If any provision of the T&Cs is held to be illegal, invalid or for any other reason unenforceable, then such provision shall be deemed severable from the T&Cs and shall not affect the validity and enforceability of the remaining provisions.

These GCS supersede all prior or contemporaneous written or oral agreements. The GCS are not assignable, transferable or sublicensable by the Customer.

A printed version of the GTC and of all notices given in electronic form may be requested in judicial or administrative proceedings relating to the GTC. The parties agree that all correspondence relating to these GTC shall be in the French language.

Article 11 - Applicable law and mediation

These terms and conditions are governed by and subject to French law.

Except in the case of public order provisions, any disputes that may arise in connection with the execution of these GTC may, prior to any legal action, be submitted to the Site Editor for amicable settlement.

It is expressly reminded that requests for amicable settlement do not suspend the time limits for bringing legal action. Unless otherwise provided by public policy, any legal action relating to the performance of these GTS shall be subject to the jurisdiction of the courts of the defendant's place of residence.

Consumer mediation

According to article L.612-1 of the French Consumer Code, " all consumers have the right to have recourse, free of charge, to a consumer mediator with a view to the amicable resolution of a dispute between them and a professional. To this end, the professional guarantees the consumer effective recourse to a consumer mediation scheme ".

In this respect, JP GROUP offers its consumer customers the possibility of mediation by a consumer mediator, whose contact details are as follows:

• MEDIATEUR DE LA CONSOMMATION AGREE - DEVIGNY MEDIATION
• contact@devignymediation.fr
• https://www.devignymediation.fr/consommateurs.php

We remind you that mediation is not compulsory, but only offered as a means of resolving disputes without resorting to the courts.