Terms of Use

Preamble

These terms of use (hereinafter, the "Terms") detailing all of the provisions applicable to the products and services offered on the website prestatoolbox (hereinafter, the "Site").
The Terms are available online on the Site. The customer declares to have read and accepted the purchase of products and use the services offered by the company taking Mediacom87 acceptance and adherence express and unreserved client to these Terms and, if applicable, existing contractual documents supplementing or amending those Terms.

Article 1: Definitions

Client: natural or legal person with full legal capacity with the purchase of the Product or the use of services offered by the company Mediacom87 and / or person (s) physical (s) user (s) of these products and services under the responsibility of the customer.
Agreement: These Terms and all contractual documents supplementing and / or amending these (conditions of sale, order, ...).
Services: means individually or services such as, but not limited to installation of modules, support, product certification (s), auditing and consulting.
Physical product any type of physical property can be offered to the Customer by the Company in connection with its business.
Virtual product any type of material product can be offered to the Customer by the Company or its partners, including but not limited to, module, theme graphics, video, logo, template, ebook ...
Partner person or entity offering products through the company.
Customer Services: All services of technical, commercial or any claim, made available by the company to its customers in the following coordinates:
Mediacom87 - Customer Service - 20 rue des Saulniers - 17230 Villedoux - FRANCE - Tel.: +33 (0) 5 35 54 20 67
Company:EI Mediacom87, whose headquarters 20 rue des Saulniers - 17230 VILLEDOUX – FRANCE and registered with the RCS 503 805 541 LA ROCHELLE.

Article 2:

The TOS are intended to define the terms and conditions of supply of products and services offered by the company and / or products of its Client Partners particular to allow him to publish, display and sell their own products on the Internet and predict the possibility of paying via the Internet or other payment channel. The TOS also determine the terms and conditions of supply of products to the company by its Partners.

Article 3: Online sale

Prestatoolbox is an online store offering the Services, Physical products and virtual products developed by the company or its Partners. Financial conditions related to the sale of products on behalf of the Partners are detailed in section 3.3 of these Terms.

Article 3.1: Order Processing

The Customer declares to have read and accepted these Terms before placing an order. Validating the order implies acceptance of these Terms. Unless proved otherwise, the data recorded by the company constitute proof of all transactions with the Client.
The Client must verify the completeness and adequacy of information provided to the company in the order, including billing address. the company can not be held responsible for any typing errors and consequences.

Article 3.2: Payment

The Customer may make payment of purchases by credit card, PayPal, Moneybooker account for by check or by bank transfer.
Transfers should be sent to the bank account that appear to finalize the purchase. The bank account of the company is domiciled in France and all costs incurred by the transfer shall be borne by the Client.
Beyond ten (10) business days after placing the order without receiving a transfer of an amount equal to the total order, the company will cancel the entire transaction.
Payments by check should be sent to the postal address that appear to finalize the purchase. The company is domiciled in France and all costs incurred by sending the check shall be borne by the Client.
Beyond ten (10) business days after placing the order without receiving a check for an amount equal to the total of the order, the company will cancel the entire transaction.
The company reserves the right to block a transaction time to anti-fraud checks.

Article 3.3: Financial Conditions for Partners

now all cash payments made on the Site.
For every purchase of a virtual product of its partners, the company takes a commission between twenty (20%) and thirty percent (30%) of the tax price of virtual product. Partners can claim the amount due to them in accordance with the following conditions:

  • Product virtual payment has been cashed there are more than forty-five (45) days
  • The sale has not been canceled
  • The total amount due to the partner is at least one hundred (100) euros

The payment is made by bank transfer from France all the costs generated by such payment shall be borne by the Partner.
the company reserves the right to cancel any transaction for a product sold by one partner in particular, but not exclusively, in cases of suspected fraud. the company has no justification to provide the Partner and the Partner shall in no case require the repayment of the commission for the transaction.

Article 4: Specific conditions for Partners Company

the company reserves the right to refuse to offer for sale on the Site any virtual product without having to provide any justification. Any refusal Virtual Products is a sovereign decision of the company subject to appeal.
The company reserves the right to suspend the account of a partner for a certain period, thus limiting its actions, for any legitimate reason including, but not limited to cases of suspected fraud.
Partners can sell their virtual products on other media and distribution channels than those offered by the company. However, they do not have the right to use quality Partner of the company or any other reference Prestashop by Mediacom87 for advertising and promotion to sell their virtual products on these other channels.
the company has the right (but not the obligation) in its sole discretion, at any time to control the virtual products offered by its partners, particularly with regard to their legality and compliance with the following provisions.
May not be offered as virtual products within the scope of the law. Notably, it is the partner to ensure that its Virtual Products is not (i) a violation of intellectual property rights of third parties (in particular, any reproduction of works of the mind whatsoever that the Partner has not personally performed or for which it does not have the necessary permission from the right holders or any third party copyright holder thereof), (ii) a violation of industrial property rights (trademarks, designs, patents etc..), (iii) an offense against persons (image rights, defamation, insults, abuse, etc..) and respect for privacy, (iv) a breach of public order and morality (apology for crimes against humanity, incitement to racial hatred, obscenity, pornography, etc.)..
Thus, the Partner warrants that owns the virtual product and the resources used by it (images, external libraries ...) or has obtained the necessary licenses, and it has the authorization of any person depicted in the content of the virtual product.
Partner ensures the company against any action, claim, third party claim related to all of the above and, in particular but without limitation, those who would question the use of virtual products.
the company reserves the right to pass on any information relating to the use of the Services, including but not limited to those referred to in Article 13 hereof, the competent authorities responsible for enforcing the law, and under the conditions mentioned in this article.
the company reserves the right to advertise virtual products related to its Partners without paying any compensation to them. In this regard, the Partner authorizes the company, without financial compensation, to use the trademarks and logos relating to its virtual products.
the company reserves the right to make changes to the Contract. The changes will be effective and deemed accepted by the Partner, the Partner submits immediately if a new virtual product or within 7 days after the changes if it continues to use the services of the company.

Article 5: Intellectual Property

the company sells virtual products on behalf of its partners on the Site. As a result, the Partner expressly authorizes the company to sell online virtual products which it has submitted to the latter. It still retains the intellectual property of virtual products and the company undertakes not to use it for its own account or to sell under conditions other than those set out in Article 3.
Partner and / or the company grants to each customer who has purchased a Product virtual license to use, and non-exclusive and worldwide. This license is valid only once for a single e-commerce store. No assignment of rights is hereby granted to the Customer by the Partner. It is also forbidden for the Customer to resell or use on other virtual shops Products purchased by Prestashop Mediacom87. This restriction includes all resources provided with the virtual product. However the company reserves the right to purchase virtual products on behalf of its clients.

Article 6: Limitation of Liability

Article 6.1: Website

Unless legal provisions in force, the Site and the features offered by it are provided as is without any warranty.
The company assumes no liability for downloading computer viruses or similar code from the Site.
Third parties who may be expressed on the Site are not spokespersons for the company and their views do not necessarily reflect the views of the company.
The company assumes no liability for lost or stolen password, the username, account or user information in the Site. It also assumes no responsibility for any loss of content or data, or damage related to the use of identifiers by a third party.
the company assumes no responsibility regarding the misuse, loss, theft, modification, or unavailability of any of its content partners, including, without limitation banks images, external resources, modules, videos, as well as the consequences that may result.

Article 6.2: Online sale

Except for its obligations as vendor (implied warranty and guarantee product compliance) or under any other provision of law in force, the company assumes no responsibility for virtual products provided by its Partners . In case of malfunction of the Product with a virtual partner, the latter shall remain fully responsible for changes requested by the Client.
The company assumes no liability for downloading computer viruses or similar code from Virtual Products ordered on the Site.
The company accepts no liability for loss or theft of user data, or any kind of damage during the use of virtual products ordered on the site.
The company assumes no liability for malfunctions related to a service ordered on the Site, including but not limited to, installation of shops and modules, search and bug fixes, specific developments.
Unless stated otherwise, installation, support and updates are not included with the purchase of virtual products. Compatibility with future versions of PRESTASHOP is not ensured. Except special mention this in modules them same, licence of each module to download as well as its updates is proposed that during nine hundred days (900) from the date of purchase. Beyond this date, the customer shall acquire a new license.
The Site may be accessed from all countries without content is available for the countries in question. the company has no obligation to include this information and does not guarantee that the products virtual and physical are adapted to countries other than those for which they were designed.

Article 7: Delivery

A delivery deadline will be communicated to the client before confirming the order, given the choice of carrier desired. Delivery times apply are those indicated in the order validation. However, all orders paid by bank transfer will be processed upon receipt of the said transfer. The shipping must be recalculated from the date of registration of this mode of regulation.
Virtual Products can be downloaded on the website upon receipt and validation of the order. The Customer is aware that downloading of purchases is related to the stresses of Internet use and the company is not responsible for any difficulties in accessing the data it makes available.
Unless otherwise stated by the company, the performance of the Services is subject to a period of five (5) working days from receipt of all necessary elements. This period may be extended if the intervention of an external agent is needed, including but not limited to internet host, the bank or other service provider of the Client.

Article 8: Withdrawal

Of physical or virtual products and / or services that may be offered through these to consumers, the Customer is informed, where appropriate, and in accordance with applicable provisions of consumer law, it has a right of withdrawal may exercise it within seven (7) days after acceptance of the Contract. In this case, the customer will not have to give any reasons or pay penalties, except for any return shipping costs when selling physical products.
However, the Client will not benefit from the right of withdrawal in the event that the performance of the supply of goods or services has begun before the end of the said period of seven (7) days. Particular, purchases of virtual products are inherently firm and final, they will give rise to exchange, redemption or exercise of a right of withdrawal. However, the company agrees to refund or exchange the damaged Virtual Products, including latent defects or does not match the description given on the website.
Are also excluded from the right of withdrawal audio or video recordings and computer software if they have been unsealed by the Customer, as well as physical products manufactured according to customer specifications or clearly personalized.
Client who has exercised his right of withdrawal for a physical product should return it in its original packaging and in good condition, the address will be given by the company.

Article 9: Reimbursement

Reimbursement of products covered by Article 8 of these Terms is made within a maximum of 30 days following the date on which the right was exercised.
Payment is made on a proposal from the company by crediting the Client's bank account or by bank transfer addressed to the customer who placed the order.

Article 10: Duty to advise

The purchase of virtual and physical products can be fully automated without any action on the part of the company. the company fulfills its obligation advice:

  • through commercial support via email and telephone number and the address listed on the Site.
  • by the presence on the site of a detailed description of the physical or virtual product and, where appropriate, the necessary configuration required for its use.

Article 11: Dispute Resolution

These Terms are governed by French law.
The Parties shall endeavor to resolve any dispute relating to the provision of business covered by the Terms amicably. In case of disagreement, the dispute fall within the exclusive jurisdiction of the courts of Paris (France).

Article 12: Hacking

Any user of the Site has a duty to report any violation of license or improper use of virtual products offered by the company.
In case of copyright infringement by a product offered for sale on the Site by the Company, a notification must be made in this direction by mail addressed to the company at the following address: copyright@mediacom87.com by Mediacom87.com. In case of abuse, the user will be liable for costs incurred by the cons-notification.

Article 13: Personal

Information and customer data are necessary for the company to manage orders and trade relations. They can be sent to companies that contribute to order processing, including on-line payment. This information is also stored for security purposes and to better personalize the offers made to the Customer. Under the law relating to computers, files and freedoms of January 6, 1978, the Customer has a right to access, rectify and delete any personal information collected about the company in the its activity. These rights may be exercised directly on the website or by sending a letter to the company: Mediacom87 - RMA Personal Data, 2 rue des Saulniers Villedoux 17230 (France).
Customer can choose from when creating or consulting their account to receive offers of the company or partner companies. The Client may at any time change its preferences on the "personal information" of his account.
The Site implements an automatic method for a cookie in the client computer to record information about the navigation of your computer on the Site. The Client can still oppose the registration of "cookies" by configuring their browser in this direction.
Finally, the Client agrees that the company may be required, in accordance with its legal obligations to disclose personal data in the context of legal proceedings (legal requisitions, etc.)..

Article 14: Force Majeure

the company is committed in view of the current technique to maintain the best possible conditions in the services offered on the Site. However, it can not be held responsible for any interruption of the Website due to a force majeure, due to a third party, Client, as well as uncertainties arising from the technique.
Responsibility of the company can not be held in breach of its contractual obligations due to unforeseeable, irresistible and beyond the control of the parties.
The Parties agree, without this list being exhaustive, conventionally them that stand out, such is the force majeure or fortuitous event, or because of a third party, the damage which their origins or causes in: the natural disasters, fires, floods, lightning, power surges, strikes, stoppages of electricity supply, the failure of the telecommunications network, the civil or foreign wars, riots or popular movements, attacks, regulatory restrictions related to the provision of telecommunications services, and the loss of connectivity connection due to public and private operators on which the business.
These force majeure suspend the obligations of the company mentioned in the TOS, and for the duration of their existence. However, if an event of force majeure lasts longer than three (3) months, one or other of the parties would be entitled to terminate their relationship, and after sending a registered letter with notice reception, making of this decision.