Term of service
PrestaSOO is the designer and editor of the software solution, allowing its Customers add extra functionalities & personalize their e-commerce site (called Modules and themes, or Addons). Addons are developed by PrestaSOO itself, or independently, by third party developers (Freelancers developers). These terms and conditions are intended to define the rights and duties between PrestaSOO and the Customers, (as defined hereafter).
Prestashop name is a registered trademark and own by Prestashop SA. PrestaSOO is not affiliated with or endorsed by Prestashop SA.
The terms defined hereafter shall carry, within the present terms and conditions (including this preamble), every time that they begin with an upper case letter, whether they are in the singular or the plural, the meaning that is given to them hereafter.
- Account: Refers to the exclusive space made available to the Customer to enable him to download the Addons purchased, access his personal information and purchase history on PrestaSOO website his payments and his requests for support.
- Addons: Refers to the Modules and Themes listed and offered for sale on the site PrestaSOO.
- After-Sales Service (ASS): service provided by PrestaSOO to Customers who have purchased one of its Addons.
- Customer: Refers to any individual or company that wishes to acquire, within his professional activity, one or more Addons on PrestaSOO website and/or benefit from the Services.
- Maintenance: operation and technical restoration of the Addon to its operational state.
- Regular Update : generic technical update for security and debugging.
- Techincal support : generic technical support for addons issues and errors.
- Days Membership : Time for regular update and technical support.
- Modules: Refers to Addons that are intended to add one or more features to the Solution, compared with the basic version.
- Multi-store: Refers to the function that enables users of the Solution to manage several Stores from the back-office of one single store.
- Services: Refers to the installation and configuration services (excluding the settings) in return for financial consideration or free of charge, or Updates of Addons proposed by PrestaSOO.
- ToS: Refers to these terms of service.
- Themes: Refers to the Addons intended to offer Customers themes with personalized graphics for the Solution that do not come with its basic version.
Acceptance of Terms of Service
The use of PrestaSOO is subject to the Terms of Service that PrestaSOO reserves the right to unilaterally change at any time. The modifications shall become effective and are applicable as from their publication on the PrestaSOO site, except for the current downloads.
By clicking the button "Register" when a person creates an account or "Checkout with Paypal" during payment processing, the Customer is deemed to have read and accepted these Terms of Service which shall be applicable and which he must comply with.
Failing to click the button shall prevent the creation of the Customer's account and it shall not be valid, as the Customer hereby acknowledges.
The Customer is informed that the order of Addons and Services is exclusively reserved for professionals, within the meaning of consumer law, and declare that they are acting in this capacity.
As a professional acting for purposes that fall within his commercial, industrial, artisanal or self-employed activity, the Customer acknowledges that he does not have the right of withdrawal which is for the sole benefit of the consumers within the meaning of the Consumption Code. At the time of downloading Addons, the Customer acknowledges that he does not benefit from an option to withdraw on the digital content downloaded as soon as the download has started.
Availability of PrestaSOO
PrestaSOO shall make its best efforts to make the download of Addons accessible from its website 24 hours a day and 7 days a week, without interruption other than that required for the curative and evolving maintenance of PrestaSOO website.
The Customer’s attention is specifically drawn to the fact that the PrestaSOO website is, like any website, and more generally like any IT application, likely to suffer malfunctions, anomalies, errors or interruptions. Consequently, PrestaSOO does not guarantee the Customer the uninterrupted operating of PrestaSOO website.
Access to PrestaSOO website
The use of PrestaSOO website is reserved for people acting on a professional basis, for purposes that fall within their commercial, industrial, artisanal or self-employed activity, individuals of legal age or emancipated minors, who have full legal capacity.
In order to download Addons, the Customer must first register on the PrestaSOO website, following the procedure that is indicated for this purpose.
The registration on PrestaSOO website is free and without any obligation to purchase.
The Customer is solely responsible for maintaining the confidentiality of his login details. He is deemed to be the only person to have and to use them. PrestaSOO waives any responsibility in case of the use of PrestaSOO website by a person, other than the customer or a person authorized by him, who has his login details.
Download of Addons
- The suitability of an Addon for the Customer’s needs;
- The use without any malfunction or anomaly of an Addon as, like any IT application, it is likely to be affected by malfunctions, anomalies or errors;
- The increase in the Customer’s turnover;
- The increase in the number of visitors on the Customer’s Store;
- The quality of any after-sales service which the Customer may set up for its own customers.
The Customer who wishes to download an Addon clicks on “Download”. The prices may be indicated in several currencies on the Addons File and is exclusive of taxes. The Customer then completes his order by clicking on “Checkout with Paypal” and may pay the price of the selected Addons. The Customer may only download the Addons ordered upon completion of their payment.
If the payment is rejected, for any reason whatsoever, the order will automatically be cancelled. PrestaSOO reserves the right to freeze a payment in order to make any verifications required by the law, in particular, concerning money laundering.
PrestaSOO reserves the right to freeze the download of an Addon if it suspects that there is a risk of fraudulent payment in order to proceed with the payment verifications. The Customer may consult the current membership on his account.
Complementary Services may be offered during the purchase of an Addon. Their terms of enforcement (in particular, price and deadlines) are listed on PrestaSOO website. The provision of a Regular Update and Technical Support is assured free of charge for the Days Membership following the purchase of an Addon concerned by said Service. It is understood that the Regular Update and Technical Support provided is solely technical and does not cover the third-party services generated by the Addon or for which it plays an intermediation role with the Customer.
Regular update of the Addon available on its days membership. The purpose of the Regular update is to correct the technical defects and generic security defaults as well as making the Addon compatible with subsequent minor versions of the Solution. Subject to being proposed by PrestaSOO, the Regular update may include functional additions.
In accordance with the foregoing, Regular update and Technical Support is not characterized by specific developments, personalized on request and customized for the Customer or its Boutique. Technical Support does not include the Module Update the purpose of which is the compatibility with a new version of the software and does not constitute an extension for the reimbursement period of the Addon.
Any request sent after the period of ten (10) days mentioned above shall not enable a reimbursement.
PrestaSOO is the holder of the intellectual property rights pertaining to PrestaSOO website, in particular relating to the software platform and the graphic elements of PrestaSOO website.
The Terms and Conditions does not allow for any transfer of ownership in favor of the other party. Consequently, the Customer undertakes not to harm in any way whatsoever the intellectual property rights held by PrestaSOO.
The Customer only benefits from a simple license of use of the Addons downloaded, which is non-exclusive, personal and non-assignable, globally, and for the entire duration of the copyright. This license is valid for only one Store - one domain.
Consequently, the Customer may not under any circumstance distribute, license or make use in any way whatsoever of the Addons and any element that is attached (such as, without this list being exhaustive: functional and technical documentation, logo, etc.), for a purpose other than their use within the Customer’s Store.
The breach of the terms of this license could give rise, at the discretion of PrestaSOO to the termination of the license granted in these Terms of Serivce for the disputed Addon, and/or the deletion of the Account, or/and the option for PrestaSOO to refuse any subsequent download of any Addon from PrestaSOO website by the Customer in question.
As from the termination of the license, or as from the reimbursement by PrestaSOO of an Addon, the Customer is responsible for immediately refraining from using the Addon in question, to destroy it and to remove it from his IT system and all of his storage devices.
By using PrestaSOO website the Customer acknowledges that he is making available to PrestaSOO his personal and commercial data. The aim is to enable PrestaSOO to manage the platform, respond to the Customers’ requests and orders and to personalize the offers made to Customers.
During the creation or consultation of his account, the Customer is informed and accepts to receive offers from PrestaSOO as well as transactional emails from commercial partners, the modules of which were downloaded. The Customer may at any time change his preferences with said partners. The Customer shall be informed that if he does not wish for his data to be submitted to PrestaSOO partners proposing the modules, he must not download said modules.
The Customer shall be informed that his data may be provided for technical, logistic, statistic and commercial purposes to Contributors and companies which contribute to the processing of the order of Modules, Themes and other fee-paying options as well as to the commercial partners of PrestaSOO from whom the User has downloaded a module. The User’s data may also be transferred to third parties for commercial prospection and the adaptation of offers for the User’s needs. These third parties may use this data for commercial prospection, which the Customer acknowledges and accepts. If the Customer does not wish his data to be transferred to said third parties in this context, he must not download Modules or services proposed by these third parties.
Finally, the Customer accepts that PrestaSOO may be obliged, in accordance with its legal obligations, to disclose personal data concerning him in the context of legal proceedings (judicial requisitions, etc.).
The liability of PrestaSOO shall be excluded in the following cases:
- Use of an Addon that was not downloaded from PrestaSOO and/or that was not subject to an actual payment.
- Malfunction of the download of Addons related to the configuration or performance of the Customer’s workstation or his Internet connection.
- Malfunction of PrestaSOO related to the curative or evolutive maintenance operations of PrestaSOO.
- Modification by the Customer of the Addon without the consent of its author and the holder of the related intellectual property rights.
- Failure by the Customer to use the most recent version of Addon.
- Lack of communication by the Customer of the elements necessary for resolving the difficulties that he may encounter when using an Addon or during the provision of Services;
- Error in entering the information mentioned in the Customer’s Account.
- Failure or effect by others Addons that installed on Customer's website.
- The Customer does not have enough resource ( Ram, Cpu, Server Extensions or files ... ) to run / install an Addons that purchased from PrestaSOO.
Combat against counterfeit
In a global approach for the combat against counterfeit on the Internet, the Customer undertakes to ensure that the content of his Store is in compliance with the applicable legislation, not to harm third party rights, and not to offer for sale counterfeit goods. He declares that he is not the subject of any infringement action or otherwise. The liability of PrestaSOO may not be incurred in the event of sale of the objects that are the result of the counterfeit by one of its Customers.
PrestaSOO may suspend PrestaSOO website if an event independent from its control occurs, or in a case of force majeure or due to a third party act.
It is agreed that legal and statutory changes, fires, storms, floods, strikes in or outside of PrestaSOO, diseases, electrical surges and shocks, cooling system and IT equipment failure, bottlenecks and slowdowns of electronic communication networks, bugging and hacking, and more generally any event that cannot be foreseen and that goes beyond PrestaSOO's control shall be deemed cases of force majeure.
Agreement on evidence
The information that is listed (i) in the Customer’s Account, in particular the information relating to downloads, and (ii) the correspondence exchanged between the Customer, PrestaSOO via the messaging tool made available by PrestaSOO, shall be considered as having probative force between the Parties.
Any dispute which may arise from the interpretation or performance hereof or which could be the continuation or consequence, shall prior to any court or arbitration proceedings, be subject to mediation by a mediator referred to by the more diligent party. If the mediation is unsuccessful, the dispute shall be subject to the exclusive jurisdiction of the paris commercial court, notwithstanding multiple respondents or third party appeals.