License Agreement

About the Usine Hollyhock license

You will find below the legal terms of this license, but to simplify, understand that the Usine license is personal and is assigned to a particular user, which can be installed on all personal computers (Mac and PC) respecting certain conditions (see below) but only this user is allowed to use it.

Please note that in the case of use in a company, school, organization there are volume licenses discount very advantageous that might interest you. To inquire about the price of a classroom license, contact us (contact@brainmodular.com) A propos de la licence d'Usine Hollyhock

General

  • These General Conditions of Sale (the "General Conditions") apply to the distance selling of hardware products and the downloading of software products by BRAINMODULAR (the "Products"), a company whose registered office is located at 35 rue Pierre Curie, 93230 Romainville in France (the "Seller") from a buyer who must be of legal age and have full legal capacity (the "Buyer"), collectively referred to as the "Parties". The Parties shall not be bound by any other document or verbal commitment not formally and expressly accepted by each of them. It is specified beforehand that these conditions exclusively govern the sales of the Products offered by the Seller, available on the brainmodular.com website. These conditions apply to the exclusion of all other conditions, in particular those in force for in-store sales.

  • Changes made to the General Conditions are automatically enforceable against the Buyer for orders issued after their communication by any means whatsoever to the Buyer.

  • In the event of translation into a foreign language of these General Conditions, the French version will prevail.

  • The Seller is not intended to sell the Products offered in large quantities and reserves the right to refuse orders placed for the same Product in a certain quantity.

Price

  • The prices of the Products are indicated in euros (or in the Buyer's local currency if applicable, i.e. in dollars for Buyers residing in the United States) and include all taxes (VAT and other applicable taxes) excluding processing and delivery costs which may vary depending on the country concerned and will be brought to the attention of the Buyer before the execution of the order. The applicable price is that indicated on the summary of the Buyer's order. When placing your order, you will be informed of the delivery method(s) available as well as the applicable deadlines and the related costs.

  • In the event of an order to a country other than metropolitan France, you are the importer of the Product. Customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums are not the responsibility of the Seller. They will be at your expense and are your sole responsibility, both in terms of declarations and payments to the competent authorities and/or bodies in your country. We advise you to inquire about these aspects with your local authorities.

  • The Seller reserves the right to modify its General Conditions and its prices at any time, but the Products will be invoiced on the basis of the price agreed by the Party and in force at the time of the confirmation of the Buyer's order. Our product offers are valid as long as they are visible on the site, within the limits of available stocks. In case of unavailability of a Product after placing his order, the Buyer will be informed by the Seller electronically and the order will be automatically canceled and no bank debit will be made.

Ordered. Order confirmation. Modification or cancellation

  • By placing an order with the Seller, the Buyer accepts the application of the General Conditions and acknowledges (i) that the Buyer has been fully informed by the Seller of the characteristics of the Products and the use for which they are intended and (ii) that Buyer has received from Seller the requested information and appropriate advice.

  • The Seller undertakes to honor only firm orders issued by the Buyer via the website https://www.brainmodular.com/, confirmed in writing by the Seller electronically. Any other method of ordering or supplying the Buyer must be the subject of an agreement signed by the Parties, without obligation of acceptance by the Seller.

  • The contract is formed on the date of the order confirmation issued by the Seller under the conditions mentioned therein (the "Contract").

Right to retract

  • You can exercise your right of cancellation/withdrawal within 14 days of receiving your product.

  • You can use the standard cancellation form available at https://www.brainmodular.com/,

  • After notifying us of your decision to exercise your right of withdrawal before the expiry of this period, you must return the product(s) concerned by this right of withdrawal to BrainModular within 14 days from this notification. Returned products must be sent to the following address: BRAINMODULAR 35 rue Pierre Curie, 93230 Romainville

  • If the Buyer exercises his right of withdrawal under the conditions of form and time provided for in point 4.1, he may obtain from the Seller the reimbursement of the price of the returned Product as well as the delivery costs of the order, at the latest within 14 days from the date on which the Seller was informed of the Buyer's decision to withdraw.

  • The Seller will reimburse all sums paid, including the initial delivery costs, within 14 days from the date on which the Seller is informed of the Buyer's decision to withdraw, and using the same method of payment than that which was used when placing the order, unless the Buyer has expressly accepted reimbursement by another method of payment. This reimbursement period may be deferred until the Product is recovered by the Seller or until the Buyer has provided proof of shipment of the product concerned, whichever occurs first. The Seller is not required to reimburse the additional costs if the Buyer has expressly chosen a more expensive delivery method than the standard delivery method offered on the brainmodular.com website.

  • Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) allowing their remarketing in new condition, and if possible accompanied by a copy of the purchase invoice for management optimized. In the event of depreciation of the product resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the product, the responsibility of the Buyer may be engaged.

  • In accordance with the legislation and regulations in force, the right of withdrawal cannot be exercised for:

    • the supply of audio or video recordings or computer software when these have been unsealed by the Buyer after delivery
    • the supply of digital content not provided on a material medium, the execution of which has begun after the Buyer's express prior agreement and express waiver of his right of withdrawal.

    The Buyer expressly accepts that the provision of the software Product(s) to be downloaded takes place during the validation of the Buyer's order, that is to say before the end of the period of 14 days, and the Buyer expressly waives his right of withdrawal. No request for withdrawal, cancellation or reimbursement will be admissible for the period subscribed. The Buyer's waiver of his right of withdrawal for this content is formalized during the validation of the digital content order. Purchases of digital content are firm and final. They cannot therefore give rise to an exchange, refund or the exercise of a right of withdrawal.

    Deliveries. Loss and damage during transport

  • The material Products are delivered to the delivery address indicated by the Buyer during the ordering process, unless access to this address proves impossible, within the deadlines indicated on the order validation page. The delivery time corresponds to the delivery time indicated on the brainmodular.com site during the order placed by the Buyer, as well as the processing and delivery time.

  • In the event of delivery by a carrier requiring an appointment with the Buyer, the carrier will contact the Buyer as soon as possible to agree with you on a delivery appointment, 30 days at the latest from the date of your order validation. The Seller cannot be held responsible for late delivery due exclusively to the Buyer's unavailability after several appointment proposals by the carrier.

  • In accordance with the applicable legal provisions, in the event of late delivery, the Buyer has the right to terminate the contract under the conditions determined by article L 216-2 of the Consumer Code.

  • The Buyer, upon receipt of the Products, must carry out the necessary checks to ensure that there are no losses or damage occurring during transport. If necessary, the Buyer will issue the customary reservations justified on the delivery note submitted for signature by the carrier.

  • Software products are only available for download. By downloading, it is understood the transmission and reproduction of a file, integrating the digital content ordered, on an electronic device connected to the Internet. After validation and acceptance of payment, the Buyer's online order cannot be cancelled.

  • The technical conditions required for downloading and using the Software Products (for example, platform specifications, system requirements, technical compatibilities, etc.) are detailed on each Product sheet on the brainmodular.com website.

Transfer of risk. Any risk of loss or damage to the product is transferred to the Buyer when the latter or a third party designated by him, and other than the carrier proposed by the Seller, takes physical possession of the Product.

RETENTION OF OWNERSHIP. EVEN IF PAYMENT DEADLINES HAVE BEEN GRANTED AND EVEN IN THE CASE OF PARTIAL OR TOTAL USE OF THE PRODUCTS, THE SELLER RESERVES OWNERSHIP OF THE PRODUCTS DELIVERED UNTIL RECEIPT OF FULL PAYMENT OF THE PRICE (IN PRINCIPAL AND IN ACCESSORIES) FROM THE PURCHASER ON THE MATURITY DATE. PAYMENT IS CONSIDERED AS RECEIPT OF THE FULL PRICE BY THE SELLER.

Complaints

  • According to the applicable legal provisions, defects of conformity which appear within 24 months of delivery of the Product are deemed to exist at the time of delivery, unless it is proven that the lack of conformity did not exist at the time of delivery. delivery of the Product. The Buyer may take action against the Seller through the legal guarantee of conformity for a period of two years from the delivery of the Product. However, the Seller cannot contest conformity by invoking a defect which he knew or could not ignore when he placed the order.
    • The Product does not present any lack of conformity:
      • If it is suitable for the use usually expected of a similar Product and, where applicable:
      • if it corresponds to the description given by the Seller and has the qualities that the Seller has presented to the Buyer;
      • if it has the qualities that a Buyer can legitimately expect given the public statements made by the Seller, the producer or his representative, in particular in advertising or labeling;
    • Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the Buyer, brought to the attention of the Seller and which the latter has accepted.
  • In the event of a lack of conformity, the Buyer chooses between two options, the repair or the replacement of the Product. This warranty allows the Buyer to obtain the repair or replacement of the Product free of charge, subject to the cost conditions provided for by law.
  • However, the Seller may not proceed according to the Buyer's choice if this choice entails a manifestly disproportionate cost with regard to the other method, taking into account the value of the Product or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the Buyer.
  • If the repair and replacement of the Product is impossible, the Buyer may return the Product and have the price refunded or keep the Product and have part of the price refunded.
    • The same option is open to the Buyer:
      • If the solution requested, proposed or agreed pursuant to points 8.2 and 8.3 cannot be implemented within one month following the Buyer's complaint;
      • Or if this solution cannot be without major inconvenience for the Buyer given the nature of the Product and the use he is looking for. This warranty does not generate any costs for the Buyer. However, the cancellation of the sale cannot be pronounced if the lack of conformity is minor.
  • The provisions of this section do not deprive the Buyer of the right to exercise the action resulting from redhibitory defects as it results from articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature which is recognized by law.
  • In any case, the aforementioned warranty does not apply and the Seller has no obligation to repair or replace the Product in the event of:
    • misuse/abnormal use of your Product, including, without limitation, a broken product, use in violation of the manufacturer's recommendations or the destination of the Product,
    • modification, repair, integration of the Product by the Buyer
    • apparent defects.

Use of the Products by the Buyer

  • The Buyer ensures, from the date of delivery of the Product, the storage and conservation of the latter at its own expense and risk. The storage and handling of the Products will be carried out under normal conditions for this type of Product.

  • The Seller cannot be held responsible for any inconvenience of any kind resulting from use of the Product that does not comply with its intended purpose.

Payment Terms

  • The fact of validating the order implies for the Buyer the obligation to pay the price indicated. Payment for the Product can be made using the payment methods accepted by the Seller as indicated on the Seller's site brainmodular.com before the final validation of the order.

  • You can reactivate your license by contacting our support team (https://www.brainmodular.com/). They will ask you to settle the payments due and then reactivate your license.

Intellectual property

  • Any use, in whole or in part, of the Products for purposes other than those for which they are intended is strictly prohibited.

  • All texts, works, illustrations, images and software reproduced or represented on the Seller's site are strictly reserved under copyright and intellectual property. As such and in accordance with the provisions of the Intellectual Property Code, only use for private use subject to different provisions of the Intellectual Property Code is authorized. Any total or partial reproduction or representation of the Seller's site brainmodular.com, of part or all of the elements appearing on this site for purposes other than those provided for is strictly prohibited. The corporate names, trademarks and other distinctive signs reproduced on the Seller's site are protected by the legislation in force. The reproduction or representation of all or part of one of the aforementioned signs is strictly prohibited and must be subject to the prior written authorization of the rights holder.

  • By downloading a Software Product under these Terms and Conditions, a license to use is granted to the Purchaser. Any use in violation of these Terms and Conditions and specific Software Product licenses is strictly prohibited. Buyer is responsible for reading and complying with the terms and licenses relating to the Software Products. Software Products may contain identifying information and/or technical measures to monitor and restrict use, or to protect against third parties. The Buyer shall not interfere with these conditions or measures and/or attempt to modify or delete them. The Purchaser is authorized to copy, download, install and use the Software Product in accordance with the applicable terms of the corresponding license. Buyer may make one backup copy of the Software Product, which shall be used solely for storage purposes.

  • All copyrights and intellectual and industrial property rights (patents, corporate names, trademarks, signs, logos and all distinctive signs, software, etc.) as well as all technical, industrial, commercial or financial documents belonging to the Seller, are and will remain the property of the Seller. The Buyer expressly undertakes not to copy, reproduce or duplicate, in whole or in part, any element subject to the Seller's intellectual property rights, as well as the Products supplied by the latter, without its prior written consent.

Transmission of documents. Unless otherwise agreed by the Parties expressed in writing and unequivocally, the contractual documents issued by the Seller are sent to the Buyer by e-mail and/or in any other appropriate form. All transmissions made to the e-mail address indicated by the Buyer are deemed to have been received by the Buyer on the same day as they are sent.

Force majeure

  • The Parties cannot be held responsible for the harmful consequences due to a non-execution or a delay in the execution of their obligations due in particular to: (i) one of the cases of force majeure such as defined by law or commonly retained by case law; (ii) a fire or bad weather, a nationwide strike or blockade resulting in a shortage of raw materials or transport, insurrections, riots or wars; (iii) an internal strike however caused; or (iv) a significant contractual imbalance to the detriment of one of the Parties, following an unforeseen change in circumstances external to the Parties (in particular in the event of the application of any new legal or regulatory requirement or restriction significantly affecting the processes operational).

  • In the event of the occurrence of one of these events, the victim Party must immediately inform its co-contracting party in order to negotiate the conditions for the continuation of the contractual relationship.

  • If the duration of the impossibility of performance is greater than thirty (30) days, the Parties undertake to meet in order to negotiate in good faith an adaptation of the Contract. The Parties must make every effort to reduce the effects of the case of force majeure. If no reasonable agreement can be reached, each Party may unilaterally terminate the Contract.

Seller's liability

  • The Products offered comply with the French legislation in force. The responsibility of the Seller cannot be engaged in the event of non-compliance with the legislation of the country where the Product is delivered. It is up to the Buyer to check with the local authorities the possibilities of importing or using the Products or services before placing any order. Illustrations and photos are for illustrative purposes only. Please refer to the description of each Product to find out its precise characteristics.

  • It is the Buyer's responsibility to back up the data contained in the purchased Products. The Seller cannot be held responsible for any loss of data, files or damage resulting from the absence of data backup. The total or partial impossibility of using the Products, in particular due to incompatibility of equipment, cannot give rise to any compensation or reimbursement or questioning of the Seller's liability.

  • The responsibility of the Seller cannot be engaged in the event of independent technical problems such as: communication problems due to the Buyer's Internet access provider (slow connection, interruption, heavy traffic, etc.), constraints and limitations of the Internet, including network data transmission and data breaches. For technical reasons, in particular maintenance or a network failure, a temporary interruption of services is possible.

  • The Buyer is solely responsible for the use he makes of the Product and cannot hold the Seller liable for any claim and/or proceedings made against him, arising from or related to this use. The Seller can in no way be held liable for damages resulting from improper use of the device by the Buyer.

    Data protection

  • The personal data you provide is collected and processed by BrainModular, the data controller, in connection with the administration and delivery of your purchase.

  • The recipients of your data are third party service providers. These recipients may be located outside the European Union. If your personal data is transferred outside the European Union, your personal data will be processed in accordance with the Privacy Shield Framework, or in accordance with the standard contractual clauses for the transfer of personal data to processors established in third countries, as issued by the European Commission, signed between BrainModular and the service provider.

  • In accordance with the law "Informatique et Libertés" of January 6, 1978 amended by the law of June 20, 2018 and by order n ° 2018-1125 of December 12, 2018 relating to the protection of individuals with regard to the processing of personal data, each participant has the right to access, modify, withdraw, transfer and limit the processing, to object to the processing and to define the post-mortem fate of their personal data by e-mail by contacting https://www.brainmodular.com identifying the data concerned, attaching a copy of a valid identity document.

  • If, after contacting us, you believe that your rights to your data are not respected, you can file a complaint with the National Commission for Computing and Liberties (CNIL).

Applicable right. Jurisdiction of courts

  • Any dispute relating to these General Conditions is subject to French law. In the event of a dispute, the French courts have sole jurisdiction.

  • Online dispute resolution platform: In accordance with Article 14 of Regulation (EU) No 524/2013, an online dispute resolution platform has been set up by the European Commission, facilitating independent settlement by out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/

Validity of the General Conditions

  • In the event that one of the clauses of the General Conditions is declared null, illegal or inapplicable, the validity, legality and applicability of the remaining stipulations will not be affected or altered in any way. In this case, the Parties agree to substitute a valid and enforceable provision that will, to the extent possible, achieve the financial and legal objectives, and the mutual understanding of the Parties under these Terms and Conditions.

Surviving clauses

Articles 6, 8, 11, 14, 15, 16 and 17 of these General Conditions shall survive the termination of the contractual relationship between the Seller and the Buyer for any reason whatsoever.

version 5.2.220915

Edit All Pages