Terms of Use

 

Preamble

These general conditions of use (hereinafter the "Terms") details of all provisions relating to products and services offered on the website prestashop.mediacom87.fr (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 services offered by the company carrying MEDIACOM87 acceptance and adherence unconditional and express the client to these Terms and, where appropriate, existing contractual documents supplementing or amending these Terms.

Article 1: Definitions

Client: The person or entity having full legal capacity with the purchase of the Product or the use of the Services offered by the company MEDIACOM87 and / or person (s) fitness (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, purchase orders, ...).
Services: means individually or services such as including but not limited to the installation of modules, support, product certification (s), auditing and consulting.
Physical product means any kind of material good that can be offered to the Customer by the company as part of its business.
Virtual Product: any product not material that could be offered to the Customer by the Company or its Partners, including, without limitation, module, theme graphics, video, logo, template, ebook ...
Partner: natural or legal person offering products through the company.
Guest Services: All services of technical, commercial or for any claim, made available by the company to its customers at the following address:
MEDIACOM87 - Customer Service - 4 Street Minstrels - 17138 SAINT-XANDRE - FRANCE - Tel. : +33 (0) 9 51 66 23 18
Company: MEDIACOM87 AR, whose headquarters Beaucoleil COMPREIGNAC 87140 (France) and registered with the RCS 503 805 541 LIMOGES.

Article 2: Purpose

The TOS are intended to define the terms and conditions of supply of products and services offered by the company and / or its partners' products include the Client to enable it to publish, display and market their own products on the Internet and for the possibility of a payment via the Internet or another payment channel. The UGC also determine the terms and conditions of supply of products to the company by its Partners.

Article 3: Online sales

Mediacom87 by PrestaShop is an online store, offering services, products, physical and virtual products developed by the company or its partners. Financial terms related to sales of products on behalf of the Partners are detailed in section 3.3 of these Terms.

Article 3.1: Order Processing

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

Article 3.2: Payment

Customer may make payment of its purchases by credit card, PayPal account by Moneybookers account, by check or bank transfer.
Transfers should be sent to the account that appeared at the checkout. The company's bank account is domiciled in France and all costs incurred by the transfer are borne by the Customer.
Beyond ten (10) business days after placing the order without receiving a transfer of an amount equal to the total order, the company may cancel the whole transaction.
The payment by check must be sent to the postal address which is displayed on checkout. The company is domiciled in France and all expenses incurred in sending the check are the responsibility of Customer.
Beyond ten (15) business days after placing the order without receiving a check for an amount equal to the total order, the company may cancel the whole transaction.
The company reserves the right to block a transaction time to anti-fraud checks.

Section 3.3: Financial Conditions for Partners

the company receives all payments made on the Site.
For every purchase of a product's virtual partners, the company takes a commission from twenty (20%) and thirty percent (30%) of the tax price of virtual products. Partners can claim the amount owed to them by the following conditions:

• Payment of virtual product has been cashed there are more than forty-five (45) days
• The sale has not been canceled
• The total amount owed to the Partner of at least one hundred (100) euro

Payment is via bank transfer from France or via a PayPal account and all expenses generated by such payment shall be borne by the Partner.
the company reserves the right to cancel any transaction for a product sold by a particular partner, but not exclusively, in cases of suspected fraud. the company has no justification to provide the Partner and the Partner shall in no way claim the repayment of his commission for the transaction.

Article 4: Specific conditions for business partners

the company reserves the right to refuse to offer for sale on the Site any virtual product without having to give a reason. Any refusal Virtual Products is a sovereign decision of the company not 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 cause, including but not limited to cases of suspected fraud.
Partners can sell their virtual products on other media and channels than those offered by the company. However, they have no right to use them as a Partner of the firm or any other reference to PrestaShop by Mediacom87 for advertising and promotions to sell their products on these other virtual channels.
the company has the right (but not the obligation) in its sole discretion, at any time check the virtual products offered by its partners, especially regarding their legality and compliance with the provisions below.
Can be proposed as virtual products within the scope of the law. Notably, it is the partner to ensure that its products is not virtual (i) violation of intellectual property rights of others (in particular, any reproduction of work of the mind whatsoever that the Partner has not made personally or that he lacks the necessary authorizations from the rightful owner or any third party owns the rights to it), (ii) a breach of industrial property rights (trademarks, designs, patents , etc..), (iii) personal injury (right of publicity, defamation, insults, etc.). and respect for privacy, (iv) a breach of public order and morality (advocating crimes against humanity, incitement to racial hatred, obscenity, pornography, etc.)..
Thus, the Partner warrants that it owns its product and virtual resources used by it (images, external libraries ...) or has obtained the necessary licenses, and he has permission from all person represented in the contents of the virtual product.
Partner company guarantees against any claims, demands, claims of third parties in connection with all of the above and including but not limited to those who would question the use of virtual products.
the company reserves the right to forward any information pertaining 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 related products to its virtual partners without paying any compensation to them. As such, the Partner shall give the Company, without additional compensation, to use the marks and logos relating to its Virtual Products.
the company reserves the right to make changes to the Agreement. The changes will be effective and deemed accepted by Partner, Partner shall submit immediately if a new product or virtual, 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. Accordingly, the Partner explicitly authorizes the company to sell products online virtual it has submitted to the latter. It still retains the intellectual property of their virtual products and the company undertakes not to use it for its own account or sell them under conditions other than those stated in Article 3.
Partner and / or the company grants to each customer who has bought a virtual product license to use, and what a non-exclusive and worldwide. This license is valid only once for a single e-commerce store. No assignment of rights is hereby granted by the Partner to Customer. 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 Warranty

 

Article 6.1: Website

Unless legal provisions in force, the Site and the features offered by it are provided as is without warranty.
The company assumes no liability in case of downloading computer viruses or similar code from the Site.
Third parties who can speak on the Site are not spokespersons for the company and their views do not necessarily reflect the opinions of the company.
the company assumes no liability for lost or stolen password, ID, or account information by the user through 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 person.
the company assumes no responsibility regarding the misuse, loss, theft, modification or unavailability of any content of its Partners, including without limitation banks pictures, external resources, modules, videos, and the consequences that might ensue.

Article 6.2: Online sales

Except for its obligations as vendor (implied warranty and guarantee of product compliance) or under any other provision of law in force, the company assumes no responsibility for the products provided by its virtual Partners . In case of malfunction of the Product of a virtual partner, the latter shall remain fully responsible for the changes requested by the Customer.
The company assumes no liability in case of downloading computer viruses or similar code from Virtual Products ordered on the site.
the company assumes no liability for loss or theft of user data, or all types of damage during use of the Products ordered on the virtual site.
the company assumes no liability for malfunction related to a service operated on the Site including but not limited to, installation of shops and modules, research and bug fixes, specific developments.
Unless otherwise stated, installation, support and updates are not included with the purchase of virtual products. Compatibility with future versions of MEDIACOM87 is not assured.
The site can 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 virtual and physical products are tailored to countries other than those for which they were designed.

Article 7: Delivery

A deadline for delivery will be communicated to Customer prior to confirming the order, given the choice of carrier you want. Delivery times apply are those specified in the order validation. However, any orders paid by bank transfer will be processed upon receipt of such transfer. Shipping time should be recalculated from the date of registration of such settlements.
Products are downloadable on the virtual site on receipt and confirmation of payment. The Client is aware that the download of its purchases is related to the constraints of Internet use and the company is not responsible for any difficulties 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 items. This period may be extended if the intervention of an outside actor is necessary, including but not limited to the host Internet, bank or other provider of Customer.

Article 8: Withdrawal

Product physical or virtual, and / or services may be offered as part of this to consumers, the Customer is informed, where appropriate, in accordance with current rules of consumer law, it has a right of withdrawal he can exercise within seven (7) days of acceptance of the Contract. In this case, the Customer will not give any reasons or incurring penalties, except for any costs of return in case of sale of physical products.
However, the customer will not benefit from this right of withdrawal in the event that the execution of the supply of goods or services started before the end of that period of seven (7) days. In particular, purchases of virtual products are inherently firm and definitive, they may give rise to exchange, redemption or exercise of a right of withdrawal. However, the company will refund or exchange virtual goods damaged, including latent defects or does not match the description given on the Site.
Also excluded from the right to cancel the audio or video recordings and computer software when 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, at which will be indicated by the company.

Section 9: Reimbursement

Reimbursement of products covered by Article 8 of these Terms shall be made within a maximum period of 30 days from the date on which the right has been exercised.
Repayment is on a proposal from the company by crediting the Customer's bank account or by bank transfer addressed to the customer who placed the order.
Article 10: Duty of council

The purchase of virtual and physical products can be done fully automatically without action by the company. the company fulfills its obligation to counsel:

• Through commercial support via email and phone number and address to appear on the site.
• By the presence on the site of a detailed description of the virtual or physical 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 services of the business covered by the TOU 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 the duty to report any breach of license or improper use of products offered by the virtual enterprise.
In case of copyright infringement by a product offered for sale on the site by the company, a notice must be given in that email the company sent to the following address: @ copyright PrestaShop by Mediacom87. com. In case of abuse, the user will be liable for charges incurred by the cons-notification.

Article 13: Privacy

Information and customer data are required for the company to order management and trade relations. They can be sent to companies that contribute to processing the order, including online payment. This information is also stored for security purposes and to better personalize the offers made to Customer. Under the law relating to data, files and freedoms of January 6, 1978, the Customer has a right to access, rectify and delete information collected about the company through its activity. These rights may be exercised directly on the site or by sending a letter to the company: MEDIACOM87 - Privacy Complaint Service, 6 rue Lacepede 75005 Paris (France).
Customer can choose when creating or consulting his account to receive offers from the company or partner companies. The Customer may at any time change their preferences on the "personal information" from his account.
The site implements an automatic process for a cookie to the Customer's computer to record information about your computer's navigation on the site. Customer may nevertheless oppose the registration of cookies by configuring their browser to that effect.
Finally, the Customer acknowledges that the company may have, in accordance with its legal obligations to disclose personal data in connection with legal procedures (legal requisitions, etc.)..

Article 14: Force Majeure

the company is committed in view of the current technique to maintain the best possible conditions the services offered on the Site. However, it can not be held liable for any interruption of the Website due to circumstances of force majeure due to a third of a customer, as well as uncertainties arising from the technique.
The corporate responsibility can not be retained in case of breach of contractual obligations due to unforeseen circumstances, compelling and beyond the control of the parties.
The Parties acknowledge, but not limited to, conventionally, between them, as indicated, including either force majeure or fortuitous event, or because a third party, the damage which their origins or their causes in: natural disasters, fires, floods, lightning, power surges, strikes, stoppages of electricity supply, the failure of the telecommunications network, civil or foreign wars, riots or civil commotion, terrorist attacks, regulatory restrictions related to the provision of telecommunications services, loss of connectivity and connection due to public and private operators whose business depends.
These cases of force majeure shall suspend the obligations of the company listed in the UGC, for the duration of their existence. However, if a force majeure was a period exceeding three (3) months, one or other of the Parties would be entitled to terminate their relationships, and that after sending a registered letter with acknowledgment receipt, expressing the decision.