Warranty, termination and refunds

Courtesy translation — the French version prevails.

1. Scope

1.1. These conditions apply to the services supplied by Nexum Technologies to its professional customers — pharmacies, practice companies, buying groups and similar structures — in respect of the voice assistant, Nexum Pro, delivery and stock connection.

1.2. The customer contracts in the course of its professional activity. It is neither a consumer nor a non-professional within the meaning of the preliminary article of the French Consumer Code. The provisions of that code reserved for consumers, in particular the right of withdrawal under Article L. 221-18 and the statutory warranty of conformity under Articles L. 217-4 et seq., therefore do not apply to this contract.

1.3. Patients who use the Nexum Pharma application do act as consumers. Their rights are governed by the general terms specific to that service and not by this page.

2. Contractual warranty of conformity

2.1. Nexum Technologies warrants that the services conform to their contractual description and to the agreed service levels. This warranty is contractual: it does not arise from the statutory warranty of conformity under the French Consumer Code.

2.2. The customer reports any non-conformity to contact@nexum-technologies.fr, stating the service concerned and the behaviour observed. Nexum Technologies acknowledges receipt within twenty-four working hours.

2.3. Where a non-conformity is established, Nexum Technologies corrects it within a reasonable time. If correction is not possible or does not occur within that time, the customer may, in accordance with Articles 1217 and 1223 of the French Civil Code, seek a reduction in the price proportionate to the non-performance or, where the non-performance is sufficiently serious, termination of the contract.

3. Equipment sold

3.1. Equipment sold or made available benefits from the warranty against latent defects under Articles 1641 to 1649 of the French Civil Code. Proceedings must be brought within two years of discovery of the defect, in accordance with Article 1648.

3.2. This warranty does not cover damage resulting from installation that does not comply with the instructions supplied, from modification of the equipment, from abnormal use or from an external cause.

4. Availability and service interruptions

4.1. Maintenance operations that are planned and announced to the customer do not give rise to any credit.

4.2. In the event of unplanned unavailability attributable to Nexum Technologies, the customer may request a reduction in the subscription price pro rata to the duration of the unavailability, on the terms of Article 1223 of the French Civil Code.

4.3. No credit is due for unavailability resulting from the customer’s network, its telephone operator, its pharmacy management software, or an event of force majeure within the meaning of Article 1218 of the French Civil Code.

5. Termination, invoicing and refunds

5.1. The term, renewal and termination conditions of subscriptions are those stipulated in the general terms of service and in the contractual document signed by the customer.

5.2. Services already performed — set-up fees, configuration, bespoke development, equipment delivered — remain payable. Sums corresponding to periods after the termination takes effect are refunded pro rata.

5.3. No refund is due in respect of the remaining period of a subscription suspended or terminated because of a breach by the customer of its contractual obligations.

5.4. The request is sent to contact@nexum-technologies.fr, stating the pharmacy concerned, the invoice referred to and the reason. Refunds are made to the original payment method, through our payment provider, as promptly as possible from their acceptance.

6. Disputes

6.1. The customer and Nexum Technologies shall endeavour to settle any dispute amicably. A written complaint is sent to contact@nexum-technologies.fr; a reply is provided as promptly as possible, and at the latest within one month.

6.2. Failing agreement, the parties may refer the matter, optionally and free of charge, to the Médiation des entreprises (the French business mediation service). That scheme is open to disputes between businesses; it is not consumer mediation, which does not apply to relations between professionals.

6.3. This contract is governed by French law. In the event of a dispute, and failing an amicable settlement, the courts of Paris shall have exclusive jurisdiction, subject to mandatory rules of jurisdiction, as stated in the legal notice.