For the purposes of these General Terms and Conditions of Sale and Use, the following terms are defined as follows:
« General Terms and Conditions of Sale and Use » or « GTCU » : these General Terms and Conditions of Sale and Use.
« Platform » : means the « Prestashop » online platform.
« Distributor » : means the legal entity operating the Platform.
« Provider » or « We » : the company MISE EN PROD (813 547 700 RCS POITIERS).
« You » or « Merchant » or « Customer » or « User » or « Buyer » : any individual or legal entity having installed the application that is the subject of these GCU via the Platform and using the Application's services.
« Party »: means individually the Client or the Service Provider.
« Parties »: means the Customer or the Service Provider together, without this collective designation implying solidarity between them.
« The Application »: means the web application « Store commander » developed by the Provider specifically for the Prestashop platform and distributed on the Platform.
« Services »: all services provided by the Provider via the Application, the use of which is the subject of these Terms and Conditions of Sale and Use.
« Access Code »: email address and password communicated by the Client when creating his/her account and enabling him/her to access the Services.
« Subscription »: contract by which the Customer can (after the trial period) use the Application and the Services.
The Store Commander application is a module for optimised management of e-commerce shops.
The purpose of the present General Terms and Conditions of Sale and Use is to define the terms and conditions under which the Customer may install the Application and use it and the Services.
Any installation and use of the Application implies, on the part of the Customer, the acceptance, without restriction or reservation, of these General Terms and Conditions of Sale and Use.
These General Terms and Conditions of Sale and Use shall prevail over any other document of the Customer and in particular his terms of purchase.
The drawings, illustrations, photographs and more generally any representation of the Application or Services on the Platform or on other digital media are purely figurative and non-contractual.
These General Terms and Conditions of Sale and Use are accessible at any time on the website www.storecommander.com. We reserve the right to modify them at any time. Any use of the Application and the Services by the Customer following a modification of the General Terms and Conditions of Sale and Use shall be deemed to be acceptance of the new General Terms and Conditions of Sale or Use by the Customer without restriction or reservation.
In the event of the cancellation of any of the clauses of these General Terms and Conditions of Sale and Use, the latter shall be deemed to be unwritten and shall not entail the cancellation of these General Terms and Conditions of Sale and Use as a whole, unless it is considered to be substantial and decisive.
Prior to installing the Application and using the Services, the Customer must ensure that it has the necessary technical requirements, which are at least: a remote connection to the Internet or to a private network.
It is the responsibility of the Client User to check the compatibility of the configuration of his personal equipment (computer, tablet, Internet connectivity, firewall, antivirus, wifi access point, software, etc.) with the Services.
Any use of the Application and the Services implies that the Customer acknowledges that his equipment complies with the technical requirements.
We decline all responsibility in the event that the Customer's personal equipment does not work or is incompatible with the Services. Similarly, no cancellation or termination of the Subscription will be accepted for lack of compatibility.
The Customer shall take all steps to ensure that the software and network configurations as well as the connections to the Internet or private network, telephone, electricity and any other necessary connections are always in normal working order. He shall also take all appropriate measures to protect his own data and software from contamination by viruses circulating on electronic communication networks.
In order to use the Application and access the Services, the User must first create an account in the Platform's back office, using personal identifiers chosen by the User. The User is entirely responsible for the protection of these personal identifiers, and is therefore encouraged to use « complex » identifiers.
These personal identifiers are the guarantee of the confidentiality of the information provided on the Application by the User, which is why he/she shall ensure that he/she does not transmit or communicate them to a third party.
By creating your account, installing the Application and using our Services, you guarantee that you are a professional acting for the needs of your business and that you are capable of entering into a contract.
You warrant that the data you provide when creating your account is accurate, complete and true. You undertake to inform us of any changes to the data communicated when creating your account.
You must notify Us immediately of any breach of security or unauthorised use of your account of which you become aware.
You acknowledge that you are solely responsible for any activity that occurs under your account.
The User has a personal, non-exclusive, non-assignable and non-transferable right to use the Application for the duration of his subscription.
The User may only use the Application in accordance with his needs and the purpose of the Application. In particular, the licence relating to the Application is granted for the sole and unique purpose of enabling the User to use the Services, to the exclusion of any other purpose.
This right of use is understood to be the right to represent and implement the Application Services in accordance with their intended purpose, in SaaS (Software as a Service) mode via a connection to an electronic communications network.
The User may not under any circumstances make the Services available to a third party, and is strictly prohibited from any other use, including, but not limited to, any adaptation, modification, translation, arrangement, distribution, or decompilation.
Without prejudice to the other prohibitions stipulated in these GTCU, by using the Application and the Services, the Customer shall not :
Any breach of the prohibitions listed above constitutes a serious breach of the Customer's obligations for which we may, without prejudice to any other remedy, suspend or permanently delete the Customer's account concerned and suspend or terminate any current subscription.
If the Customer fails to comply with the provisions and regulations of these General Terms and Conditions of Sale and Use, the Customer agrees to indemnify the Service Provider in the event of any complaint, action, prosecution or conviction of the Service Provider by any third party (including the Distributor) on any grounds whatsoever.
We undertake to use our best efforts to ensure that access to, consultation of and use of the Application and the Services are secure and in accordance with the rules governing the use of digital services.
We endeavour to allow access to the Application, 7 days a week, except in the event of force majeure or the occurrence of events beyond our control and subject to any breakdowns and maintenance operations necessary for the proper functioning of the Application, which may be carried out without prior notice to the Customer.
Consequently, the Customer acknowledges that the Service Provider cannot guarantee continuous availability of the Application and the Services and that the Customer shall not be entitled to claim any compensation from the Service Provider or the Distributor in the event of unavailability of the Application and the Services.
The Customer declares that he accepts the characteristics and limits of the digital services, in particular that he is aware of :
We reserve the right to make any changes and improvements to the Application and Services that we deem necessary or useful, without obligation to give prior notice to the Customer and without such changes generating any right to compensation for the Customer.
You guarantee the accuracy, lawfulness and security of all data that you transmit to us and/or from you and that passes through our servers. You guarantee in particular that this data does not infringe the rights of a third party (such as property rights, copyright, right to privacy) and does not violate any contractual commitment (confidentiality, exclusivity, etc.).
You guarantee that you are the holder of all rights and authorisations necessary for the communication of this data and more generally for the processing of your subscription and the provision of the Services.
Unless otherwise provided, any request for assistance or complaint concerning the use of the Application and the Services must be made to the Service Provider by e-mail at the following address: support@storecommander.com.
Updates may be made in order to integrate changes to the Application and/or Services, resulting from new developments and/or integrating new technologies and features. The Customer will be notified of this via the Application.
In order to access the Services provided under the App Store Commander, the Buyer must have a Prestashop customer account.
The Buyer shall take out a subscription online, from the online catalogue and using the form on the Prestashop Platform.
The financial conditions of the subscription are set by the Distributor, who will receive the subscription price directly from the Customer.
In order for the order to be validated, the Customer must accept, by clicking on the place indicated on the Platform, the present general conditions. Acceptance of these terms and conditions will result in the sending of a confirmation e-mail, in accordance with the conditions described below.
Any subscription implies acceptance of the prices and descriptions of the Services offered.
For any question relating to the follow-up of a subscription, the Customer must contact the Distributor at the following address: https://addons.prestashop.com/fr/contactez-nous
The provision of the Customer's bank details online and the final validation of the subscription shall constitute proof of the Customer's agreement and shall constitute :
It is hereby recalled that the transaction for the purposes of subscription and online payment of the subscription is between the Customer and the Distributor. The Provider has no access to the Customer's bank details.
In the event of fraudulent use of the Customer's bank details, the Customer is invited to contact the Distributor using the Distributor's contact details.
The buyer of Store Commander application shall benefit from a trial period of seven (7) clear days without obligation to purchase the Services as from the Subscription request made by the Customer.
Should the Buyer decide not to subscribe at the end of the trial period, he/she shall uninstall the Application. Failure to uninstall will result in the subscription becoming binding and the payment of the Subscription price becoming due.
The Subscription is concluded for a monthly period. This term runs from the end of the trial period.
At its end, the Subscription is tacitly renewed for new monthly periods, unless the Customer uninstalls the Application at least 48 hours before the end of the Subscription.
It is hereby recalled that any subscription period started is due in full, regardless of the date on which the Customer uninstalls the Application.
The Service Provider shall have the same right and may therefore terminate the subscription by notifying the Customer, no later than 48 hours before the end of the current period, that the Subscription will be definitively terminated on the date of termination, without renewal of the subscription.
In the context of the provision of the Services, the Provider's liability can only be limited, given the nature of the Services.
Furthermore, we cannot be responsible for the other services of the Platform.
In any case :
In addition, without prejudice to the exclusions of liability provided for in other clauses of the GTCU, the Service Provider shall not be held liable for any damage resulting from :
The personal data collected on the Application are the following: first and last name, address, e-mail address, connection data, usage data.
The use of the Services provided on the Application also makes it possible to fill in a profile, which may include an address and telephone number, and financial data relating to the bank account or credit card.
Cookies are used in the context of the use of the Application. The User has the possibility to deactivate the cookies from the settings of his browser; it being specified that this deactivation causes the User to lose access to the Application.
The personal data collected from the Customer is intended to provide and improve the services of the Application and to maintain a secure environment. More specifically, the uses are as follows :
Personal data may be shared with third-party companies in the following cases
The Provider implements organisational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorised access. However, it should be noted that the Internet is not a completely secure environment and the Service Provider cannot guarantee the security of the transmission or storage of information on the Internet.
In accordance with the regulations applicable to personal data, users have the following rights :
The Client User acknowledges that MISE EN PROD has the right to use its data for statistical purposes and, once they have been rendered anonymous, to transfer or assign the corresponding statistical results to any third party.
The Service Provider reserves the right to make any changes to this data protection clause at any time. In the event of a change to this Privacy Policy, the Provider shall publish the new version on its website. The Provider will also inform the users of the change by e-mail, at least fifteen (15) days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he has the possibility to uninstall the Application.
The Application and the Services and each of their components are the exclusive intellectual property of the Provider in accordance with the provisions of the Intellectual Property Code.
These General Terms and Conditions of Sale and Use do not grant the Client User any ownership rights to the Application and Services and all their components which are and remain the exclusive property of the Provider.
Consequently, the Customer shall refrain from any action or any act likely to infringe directly or indirectly the intellectual property rights held by the Provider. The Customer shall indemnify and hold harmless the Service Provider against any claims that may be brought by third parties against the Service Provider on the grounds that the information that the Service allows to be downloaded, stored and retrieved is subject to intellectual property rights that such features would infringe.
The Customer is not allowed to reproduce, represent, modify, translate and/or adapt, partially or totally, each of the elements of the Service that compose it, nor to reproduce or represent such translations, adaptations and/or modifications, partially or totally, without the prior written consent of the Provider.
All trademarks of products and services contained in or associated with the Services that are not the trademarks of the Provider belong to their owners.
Any deterioration, as well as, in the absence of authorization, any representation, reproduction, modification, commercial use, total or partial, of the various elements of the Application is prohibited and exposes its author(s) to legal proceedings.
On the basis of the data processed by the Service Provider, the Customer acknowledges and agrees that the Service Provider may offer the Customer, upon his first use of the Application, to receive recommendations, through links accessible via the said Application or documents that will be sent directly to the Customer, in order to benefit from offers of services from third party providers meeting some of his needs.
In this respect, the Client may receive advertising messages concerning product or service offers; this is expressly accepted by the Client.
The said third parties may not under any circumstances have access to personal information as long as the Customer has not accepted to access the Services of these third party providers by clicking, for example, and where applicable, on the link to the latter.
The Application may contain hyperlinks to other websites that do not belong to or are not controlled by the Provider. The Service Provider has no control over the content, privacy policies or practices of third party sites and disclaims any liability in this regard.
You acknowledge and agree that the Service Provider is not responsible for the availability of such external sites and resources and does not endorse any advertising, products or other materials on or available from such external sites or resources.
You acknowledge and agree that the Provider shall not be responsible or liable for any loss or damage of any kind incurred by you as a result of the availability of such external sites or resources or as a result of your reliance on the completeness, accuracy or existence of any advertising, products or other materials on or available from such Internet sites or resources.
We encourage you to be aware when you leave the Application and to read the terms and conditions and privacy policies of other sites you may visit or other applications or software you may download.
The Service Provider may publicise the fact that it provides or has provided Services to the Client.
As such, the Customer expressly authorises the Service Provider to quote its name, possibly accompanied by its brand, logo or any other distinctive sign attached to it and to provide the Service Provider, upon request, with proof of ownership rights, reproduction and characteristics of the graphics attached to said distinctive signs.
The Service Provider reserves the right to transfer all or part of the execution of the services to service providers meeting the same qualification requirements.
If the service requires special technical skills, the Service Provider shall inform the Purchaser of the possibility of subcontracting part of the service. The subcontractor shall then act under the sole responsibility of the Service Provider and shall undertake to keep confidential all information that it may learn of during the performance of the services.
All circumstances beyond the control of the Parties, preventing the performance under normal conditions of their obligations, shall be considered as grounds for exoneration from the obligations of the Parties and shall result in their suspension.
The Party invoking the above-mentioned circumstances must immediately notify the other Party of their occurrence and of their disappearance.
In the context of the present contract, cases of force majeure shall include, in addition to the cases recognised by the case law of the French Court of Cassation, all natural disasters, all acts of war, attacks on public order, fires, floods and other disasters, all governmental acts, all strikes, lock-outs, including those of our personnel or those of our usual carriers, epidemics, any disruption of supplies from our own suppliers, as well as all electrical and technical problems external to the Parties preventing communications.
The Parties shall meet to examine the impact of the event and agree on the conditions under which the performance of the Subscription shall be continued. If the case of force majeure lasts longer than three months, the Subscription may be terminated by the injured party.
All claims, whether amicable or legal, relating to the performance of the services must be made within three (3) months of the event giving rise to the dispute.
As the Buyer is a professional pu chasing within the framework and for the needs of his profession, there is no need to apply the right of withdrawal provided for by the Consumer Code.
The fact that one of the Parties does not avail itself of a breach by the other Party of any of the obligations referred to in these GCU shall not be interpreted for the future as a waiver of the obligation in question.
In the event of difficulty of interpretation between any of the headings appearing at the top of the clauses and any of the clauses, the headings shall be declared non-existent.
These general terms and conditions of sale and use are subject to the application of French law. They are written in French. In the event that they are translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.
They may be modified at any time by the Provider or its agent. In case of modification of the general terms and conditions of sale and use, the silence kept by the Customer beyond fifteen (15) days following the notification of the new version of the GTCU will be considered as acceptance of the latter.
The Parties undertake to seek an amicable solution to any dispute relating to the Subscription, the Application, the Services or the GCSU.
It is expressly recalled that the search for an amicable solution does not suspend the period of time available to the User to take legal action.
If they fail to do so, the Parties shall submit the dispute to the Commercial Court of POITIERS (France), which will then have sole jurisdiction to hear any dispute between the Parties concerning, in particular, the formation, performance, interpretation, termination or resolution of the Subscription, the use of the Application and the Services, including for precautionary procedures, emergency procedures, in the event of summary proceedings, appeal under guarantee, petition or multiple defendants.