TERMS AND CONDITIONS FOR CUSTOMERS

Transcription

1 TERMS AND CONDITIONS FOR CUSTOMERS Preamble Prestashop SA is the designer and editor of an open source software solution, distributed under free license, allowing its Customers to create, quickly and in a simplified manner, e-commerce sites. The basic version of this solution can be downloaded for free from the Prestashop Internet website at This solution offers an open and modulated architecture which allows each Customer to personalize his e-commerce site and add additional functionalities (Modules, such as defined hereafter) or choose new graphic charters (Themes, such as defined hereafter). Modules and Themes, which constitute the Addons, are marketed via the Catalogue (such as defined hereafter). Addons are developed either by Prestashop itself, or by third parties who are independent developers (Contributors, such as defined hereafter). These terms and conditions are intended to define the rights and obligations between Prestashop and the Customers (such as defined below). 1. Definitions The terms defined hereafter shall have, within the present terms and conditions (including this preamble), every time they shall start with an upper case letter, whether used in the singular or in the plural, the meaning that has been given to them hereafter. Addons: Means the Modules and Themes referenced and marketed on Prestashop Shop: Means the e-commerce shop using the Solution. Catalogue: Means the catalogue of Addons of the Contributors and of Prestashop referenced and marketed on Prestashop T&C Means the present Terms and Conditions. Customer: Means any individual or company that wants to acquire one or several Addons on Prestashop Addons and/or benefit from the Services. Account: Means the private space made available to the Customer to allow him to download the purchased Addons, to consult his personal information and the history of his purchases on Prestashop Addons, his payments and invoices and his support requests. Contributor: Means any person other than Prestashop having developed one or several Card: Means the presentation card of an Addon indicating especially if the Addon has been developed by Prestashop or by a Contributor. Modules: Means Addons that are meant to add one or several functionalities to the Solution beyond the basic version. Multi-Shop: Means the function allowing the users of the Solution to manage several Shops from one back-office only. Prestashop: Means the corporation with share capital of 250, Euros, with head office located at 55 rue Raspail, in Levallois Perret (92300), registered at the Business and Company Court Registry of Nanterre under number B

2 Prestashop Addons: Means the referencing, marketing and downloading platform of the Addons included in the Catalogue available at this address: (or any url that may replace it). Services: Means the installation and configuration services (other than setting), or update of Addons offered by Prestashop or the Contributors on their respective Solution: Means the e-commerce opensource solution edited by Prestashop, that may be downloaded for free from its website. Theme: Means the Addons intended to offer Customers graphic personalization themes of the Solution not present in its basic version. 2. Agreement to T & C The use of Prestashop Addons is subject to the Terms and Conditions that Prestashop may change at any time, the changes being effective if the case may be as soon as they are posted on the Website of Prestashop Addons, except for downloads in progress. The full and entire agreement, without reserve, by the Customer to the Terms and Conditions is deemed given as soon as the latter ticks the box "I agree to the Conditions and Terms" during the creation of his account or during any update. Failing having ticked that box, the creation of the Customer's account will not be possible and shall not be valid, as the Customer acknowledges hereby. 3. Availability of Prestashop Addons Prestashop shall make its best effort in order to make the download of Addons available on its Website 24h/24 and 7days/7 without interruption other than that required for the needs of curative or evolutive maintenance of Prestashop The Customer is being specifically informed that Prestashop Addons is, as any website and more generally as any IT application, liable to incur dysfunctions, defects, mistakes or interruptions. As a consequence, Prestashop does not guarantee the Customer an uninterrupted operation of Prestashop 4. Access to Prestashop Addons The use of Prestashop Addons is reserved to persons acting in a professional manner, of legal age or emancipated minors, having full legal capacity. In order to download the Addons, the Customer must priorly register on the website of Prestashop Addons, following the procedure indicated therefor. The Customer is solely responsible for keeping the confidentiality of his logins. Prestashop waives any responsibility in case of the use of Prestashop Addons by a person, other than the Customer or a person authorized by him, of his logins. The registration on the Prestashop website is free and without obligation of purchase. 5. Download of Addons The prices may be posted in several currencies (Euro, US Dollar, Pound Sterling) on the Addons Card and do not include tax. The Addons Card is available, in most cases, in French and in English. For more information, the Customer may contact Prestashop by using this link: The Customer wishing to download an Addon clicks on "Add to Cart". The Customer may add several Addons to his cart.

3 The Customer can then enter his order by clicking on "Order" and can pay the price of the selected Addons in order to download them by using the payment facilities offered on the Site. The Customer can only download the ordered Addons after their effective payment. The rejection of payment, for any reason whatsoever, automatically cancels the order. Prestashop reserves itself the right to stop a payment in order to proceed with the controls required by law, in particular against money laundering. The Customer may consult the history of his downloads and invoices on his Account. 6. Services: For certain Addons, Services are offered to Customers in order to assist them in the installation and configuration of the Addons downloaded within their Shop. The operation terms of the Services (especially the price) are posted on the Site, within the Card of the concerned The Customers can subscribe to Services during the download of their Addon(s), or later via their Account. 7. Customers' Claims Any claim pertaining to the operation of Prestashop Addons or to the Addons must be filed with Prestashop via the Customer's Account at the following address: The claims pertaining to the operation of Addons developed by the Contributors shall be sent to the Contributors, in order to process them. Any claim that has not been subject to a satisfactory answer within a period of 3 open days entitles to a refund of the litigious downloaded Addon. The refund request must be sent to Prestashop via the form at: z-nous Once the refund request is being validated, Prestashop undertakes to refund the Customer within 30 days following the refund request. 8. Intellectual Property Prestashop is the owner of the rights of intellectual property related to Prestashop Addons, especially pertaining to the software platform and the graphic elements of Prestashop The T&C do not operate any property transfer to the benefit of another party. As a consequence, the Customer shall not harm in any manner whatsoever the rights of intellectual property held by Prestashop or by the Contributors on the The Customer only benefits from a simple license of use of the downloaded Addons, in a non-exclusive, personal and nontransferable manner, for the entire world, and for the whole duration of the copyrights. This license shall be valid for one shop only. As a consequence, the Customer may in no event distribute, license or operate in any manner whatsoever the Addons as well as any item pertaining thereto (such as, without limitation: functional and technical documentation, logo, etc.), for another purpose than their use within the Customer's Shop. The Customers using the Multi-Shop undertake to pay Prestashop for additional licenses of use, that is one license per Shop, by contacting Prestashop for a quote, at the following address

4 The violation of the terms of this license may result, at Prestashop's discretion, in the termination of the license granted in these T&C for the litigious Addon, and/or the cancellation of the Account, or/and the option for Prestashop to reject the future download of any Addon from the Site by the concerned Customer. From the termination of the license, it is up to the concerned Customer to immediately cease the use of the litigious Addon, to destroy it and to withdraw it from his IT system and all his storage device. 9. Personal Data Pursuant to Law No on IT and Privacy of January 6th 1978 and its application decrees, the Customers dispose of a right of access, modification, rectification and suppression of the personal data that concern them, that can be used via Prestashop or at the following address: z-nous The Customer is informed that his personal data may be communicated to the Contributors as part of the process of their claims or rectifications made to the 10. Liability In no event Prestashop may be held liable to repair a damage of an indirect nature, such as, but not limited to: a loss of income, a loss of clients, a harm to the image or reputation, downloading a bug, loss or theft of data, etc. IN ANY EVENT AND WHATEVER THE REASON THEREFOR, THE LIABILITY THAT PRESTASHOP MAY INCUR FOR WHATEVER REASON IN RELATION TO THE PURCHASE, THE DOWNLOAD OR USE OF ADDONS AND/OR THE PROVISION OF SERVICES, MAY NOT, EXCEPT IN CASE OF FRAUD OR GROSS NEGLIGENCE, EXCEED THE UNIT PRICE BEFORE TAX OF THE ADDON OR OF THE SERVICE FOR WHICH PRESTASHOP'S LIABILITY IS SOUGHT. Notwithstanding the above, Prestashop's liability shall be excluded in the following events: - The Use of an Addon that has not been downloaded from Prestashop Addon and/or that has not been subject to an effective payment; - The Dysfunction of the Addons download related to the configuration or performance of the Customer's station or his Internet connexion. - The Dysfunction of Prestashop Addons linked to curative or evolutive maintenance operations of Prestashop Addons; - The Change by the Customer of the Addon without its author's consent; - Failing the use of the Customer of the latest updated version of the Addon; - Failing the communication by the Customer of the items necessary to the resolution of the issues that may be met by him during the use of an Addon or the provision of the Services; - A mistake in the entry of the information mentioned in the Customer's Account. 11. Force Majeure Prestashop may suspend Prestashop Addons if an event independent from his will occurs, or in a case of force majeure or in the event due to a third party's action.

5 It is agreed that cases of force majeure include especially: legal and statutory change, fire, storm, flood, strike in or outside of Prestashop, disease, overpressure or electrical chock, cooling system and IT equipment failure, bottlenecks and slowdowns of electronic communication networks, computer bugs and hacking, and more generally any event that cannot be foreseen and goes beyond Prestashop's will. 12. Agreement on Proof The information mentioned in the Account, and especially that pertaining to the downloads and services of maintenance, is deemed as probative evidence between the Parties. 13. Governing Law - Jurisdiction The T&C are exclusively governed by French law. IN THE EVENT OF A CLAIM FALLING UNDER THE RELEVANCE OF THE COMMERCIAL JURISDICTION, ANY CLAIM PERTAINING TO THE VALIDITY, INTERPRETATION AND EXECUTION OF THE T&C OF USE SHALL BE EXCLUSIVELY SUBMITTED TO THE RELEVANCE OF THE COURT OF COMMERCE OF NANTERRE, NOTWITHSTANDING MULTIPLE RESPONDENTS OR THIRD PARTY APPEALS.