Preamble
These terms and conditions of use (hereafter, “TCUs”) outline all the provisions applicable to the products and services offered on the website jpresta.com (hereafter, the “Website”).
The TCUs are accessible online on the Website. The customer confirms that it has read and accepted them, the purchase of products and the use of services offered by the company JPresta implying the customer’s express and unreserved acceptance of and adherence to these TCUs as well as, where appropriate, existing contractual documents supplementing or amending the said TCUs.
Article 1 : Definitions
Customer : natural or legal person having full legal capacity at the time of the purchase of the Product or the use of the Services offered by JPresta and/or natural person(s) using these same Products and Services under the responsibility of the customer.
Contract : these TCUs as well as all the contractual documents supplementing and/or amending them (specific terms and conditions of sale, order form, etc).
Services : refers individually or collectively to services such as in particular, but not exclusively, the installation of modules, support, product certification, audits and advice.
Virtual product : any type of intangible goods which may be offered to the Customer by the Company or its Partners, notably but not limited to, a module, graphic theme, video, logo, document template, electronic book, etc.
Customer Services : all the services offering technical or commercial assistance or dealing with claims, provided by the Company to its Customers and which can be contacted at the following address:
JPresta – 8 Grand Kermin 22200 Pabu (France)
Company : JPresta with its head office at 8 Grand Kermin 22200 Pabu (France) and registered on the Trade and Companies register of Saint-Brieuc under the number 491 845 897.
Article 2 : Purpose
The purpose of these TCUs is to define the terms and conditions of the supply of Products and Services offered by the Company and/or its Partners’ Products to the Customer notably in order to enable it to publish, present and sell its own products on the internet and to allow payment via the internet or another payment channel. The TCUs also determine the terms and conditions of the supply of Products to the Company by its Partners.
Article 3 : Online sale
JPresta is an online store, offering Services and virtual Products developed by the Company or its Partners. The financial conditions relating to the sale of Products on behalf of the Partners are detailed in article 3.3 of these TCUs.
Article 3.1 : Processing of the order
The Customer declares that it has read and accepted these TCUs before placing an order. The confirmation of the order therefore implies the acceptance of these TCUs. Unless proved otherwise, the data recorded by the Company constitute proof of all the transactions made with the Customer.
The Customer must check the completeness and conformity of the information provided to the Company when placing the order, notably the invoice address. The Company shall not be held responsible for any errors and resulting consequences.
Article 3.2 : Payment
The Customer can pay for purchases by bank card, or PayPal.
The Company reserves the right to block a transaction for the time required to carry out anti-fraud checks.
Article 4 : License
The Company grants each Customer who buys a virtual Product a user licence, on a non exclusive basis and for the whole world. This licence is only valid once for a single PrestaShop instance in production (opened to public with multi-store allowed) and for a single Prestashop instance in test (closed to public). Moreover the Customer is prohibited from reselling or using in other stores the virtual Products bought on jpresta.com. This restriction includes all the resources supplied with the virtual Product. The Company nevertheless reserves the right to buy virtual Products on behalf of its customers.
Article 4.1 : Updates
The purchase of virtual products through the site of the Company is entitled to an immediate downloads of current and futurs versions of the purchased product as defined in the attached license.
Article 4.2 : Support
The purchase of virtual products carried on the site of the Company entitled to support the use of it by e-mail only and for a period defined in the attached license.
Unless stated otherwise, the installation is not included in the purchase of virtual products.
Article 5 : Disclaimer
Article 5.1 : Website
Notwithstanding any contrary legal provisions in force, the Website and all the functionalities it offers are supplied as is with no guarantee.
The Company assumes no responsibility in the event of the downloading of computer viruses or similar codes from the Website.
Third parties who can express themselves on the Website are not representatives of the Company and their opinions do not necessarily reflect the opinions of the Company.
The Company accepts no responsibility in the event of the loss or theft of the user’s password, username, account or information in the framework of the Website. It also accepts no responsibility in the event of the loss of content or data or damage resulting from the use of usernames by a third party.
The Company accepts no responsibility with regard to the improper use, loss, theft, modification or unavailability of any of its Partners’ content, notably, but not limited to, image banks, external resources, modules, videos, as well as to any resulting consequences.
Article 5.2 : Online sale
With the exception of the obligations it has resulting from its quality of seller (warranty againsthidden defects and guarantee of the conformity of the products) or by virtue of any other legal provisions in force, the Company assumes no responsibility for the virtual Products supplied.
Unless stated otherwise, installation, configuration, design, support and updates are not included with the purchase of virtual Products. Compatibility with future versions of PrestaShop, third party modules or modified Prestashop installations are not guaranteed, and could not open any right to an exchange or refund.
The Website can be consulted from any country without the content being available for the countries in question. The Company has no obligation to feature this information and does not guarantee that the virtual and physical Products are adapted to any countries other than those for which they have been designed.
Article 6 : Delivery date
Virtual Products can be downloaded on the Website as soon as the payment has been received and validated. The Customer is aware that the downloading of its purchases is dependent on the constraints of using the internet and the Company is not responsible for any difficulties in accessing the data which it makes available to the Customer.
Article 7 : Cancellation
Virtual Products and/or Services may be offered in the framework of these TCUs to consumers and the Customer is informed, where appropriate, and in accordance with the applicable provisions of consumer protection law, that it has a right of cancellation which it can exercise within thirty (30) days of the acceptance of the Contract. In this case, the Customer does not need to justify its reasons or pay any penalties, except for any cost of returning goods in the case of the sale of physical Products.
For Services, the Customer will not benefit from this cancellation right if the fulfilment of the supply of services has started before the end of the thirty (30) day cancellation period cited above.
Article 8 : Refund
The products referred to in article 7 of these TCUs are refunded within a maximum period of 30 days following the date on which the right is exercised.
The refund is made by recredit on the same payment method that the one used by the customer to the Customer bank account addressed to the name of the customer having placed the order.
Article 9 : Duty to advise
The purchase of virtual and physical Products can be completely automated without any action on the part of the Company. The company thereby fulfils its duty to advise:
- through sales support provided by email.
- by the presence on the Website of a detailed description of the virtual or physical Product and, where appropriate, the configuration required for its use.
Article 10 : Resolution of disputes
These TCUs are subject to French law.
The Parties will endeavour to resolve any dispute relating to the services of the Company covered by the TCUs amicably. In the event of persistent disagreement, the dispute will fall under the exclusive jurisdiction of the Courts of Saint-Brieuc (France).
Article 11 : Piracy
All users of the Website must report any breach of licence or inappropriate use of the virtual Products offered by the Company.
In the event of a breach of intellectual property by a product offered for sale on the Website by the Company, notification must be made to this effect via the contact form available on the site. In the event of abuse, the user will be liable forthe costs of the counter notification.
Article 12 : Personal information
Information and data relating to the Customer are required by the Company for the management of orders and the business relationship. They may be passed on to companies which are involved in processing the order, notably with regard to online payment. This information is also kept for security reasons and in order to be able to personalise the offers made to the Customer. By virtue of the modified data protection and civil liberties law of 6thJanuary 1978, the Customer has a right to access, rectify and delete information relating to it gathered by the Company as part of its activity. This right can be exercised directly on the Website or by writing to the Company : JPresta - 8 Grand Kermin 22200 Pabu (France).
The Customer can choose when creating or consulting an account whether to receive offers from the Company or partner companies. The Customer can at any time change its preferences on the “personal information” page of its customer account
The Website uses an automatic process to install a cookie in the Customer’s computer in order to be able to record information relating to the navigation of its computer on the Website. The Customer can however block the recording of “cookies” by configuring its internet navigator accordingly.
Finally, the Customer acknowledges that the Company may be required, in accordance with its legal obligations, to reveal personal data relating to the Customer in the framework of legal procedures (court orders, etc.).
Article 13 : Cases of force majeure
The Company undertakes in view of current technology to maintain in the best possible conditions the services offered on the Website. However, it will not be held responsible in the event of disruption to the Website attributable to a case of force majeure or which is caused by a third party or a Customer, as well as technical incidents.
The Company therefore cannot be held liable in the event of failure in its contractual obligations due to circumstances which are unforeseeable, irresistible, and outside the parties’ control.
The Parties acknowledge and agree between them, without this list being exhaustive, that notablyforce majeure, or exceptional circumstances or the fault of a third party refer to damages originating in or caused by: natural catastrophes, fires, floods, lightning, electrical surcharges, strikes, electricitypower cuts, failure of the telecommunications network, civil or foreign wars, riots or civil unrest, terrorist attacks, regulatory restrictions relating to the supply of telecommunications services, loss of connectivity and connection due to public and private operators on whom the Company depends.
These cases of force majeure suspend the obligations of the Company cited in the TCUs, for theirwhole duration. However, if a case of force majeure lasts for more than three (3) months, one or other of the Parties would be entitled to terminate their relationship, after sending a letter by registered mail with acknowledgement of receipt, informing the other Party of this decision.