Terms of sale

Preamble

The purchase of the Products and Services offered by Prestacrea implies the unreserved acceptance of these terms of sale, which prevail over any other terms. Prestacrea reserves the right to modify these terms at any time and without notice.

Custom services are governed by the quote accepted by the Client, which sets out their content, price, deadlines and payment terms. These terms of sale apply to anything not provided for in the quote. In the event of a conflict, the quote prevails.

1. Definitions

Prestacrea: refers to the sole proprietorship SABRINA ROUSSEAU EI (see legal notice).

Client: refers to any natural or legal person who purchases a Prestacrea Product or Service.

Product(s): refers to the intangible products (Prestashop themes) offered by Prestacrea.

Service(s): refers to the services (excluding custom services) offered by Prestacrea.

Custom service(s): refers to the services carried out by Prestacrea on the basis of a quote.

2. Prices and payment

Prices are stated in euros and calculated excluding taxes. Consequently, they are increased by the VAT rate applicable to the Client on the date of the order. Prestacrea reserves the right to modify its prices at any time and without notice, the applicable prices being those in force on the date of the order.

The following payment methods are available:

• Credit card
• Instant bank transfer

Payments are processed by secure payment providers (Stripe, Mollie). No banking information is transmitted to Prestacrea. Prestacrea is not responsible for any payment difficulties related to the operation of these services.

Orders placed on the site are payable in full at the time of ordering. For Custom services, the payment schedule is set by the quote. In accordance with article L441-10 of the French Commercial Code, any late payment gives rise to late payment penalties at a rate of three times the French legal interest rate, as well as a fixed indemnity of €40 for recovery costs. No discount is granted for early payment.

Any established payment offence is liable to prosecution and irrevocably results in the cancellation of the order concerned and the suspension of the Client's account.

3. Ordering and downloading

To place an order on the site, the Client must have a business account and provide accurate, complete and up-to-date information.

The order is confirmed upon receipt of full payment, and the Client can then download the ordered Products from their account. No physical medium is provided.

Any ordered Service requires the Client to open a support ticket from their account in order to request the execution of the service and provide the necessary information. The execution of the service can only begin upon receipt of this information and subject to full payment.

Each ordered Service can only be used once, within a maximum period of one month from the date of purchase. After this period, it can no longer be carried out or refunded.

Prestacrea reserves the right to refuse or cancel any order if the Client provides incorrect information, in the event of a previous dispute with the Client or, more generally, due to any circumstances likely to compromise the proper conduct of the transaction.

4. Withdrawal and refund

As distance transactions between professionals do not give rise to a right of withdrawal and purchases of intangible products are by nature firm and final, no refund or exercise of any right of withdrawal is possible except in the following cases:

• Withdrawal within 7 days of the date of purchase only if the Product has not been downloaded or if the execution of the Service has not started.
• Product with a malfunction that cannot be fixed by Prestacrea only if it is not related to third-party services (Prestashop CMS, third-party modules, hosting...) and if it is likely to impair the proper functioning of the Client's shop.

Any refund request must be made using the contact form within a maximum period of 7 days from the date of purchase. The refund is made as soon as it is accepted.

5. License and copyright

The Products offered by Prestacrea are protected by the laws in force on intellectual property and copyright. The purchase of a Product comes with the granting of a non-exclusive use license valid for a single shop and for the entire legal duration of copyright protection.

One Product purchased = One use license for this Product, valid for a single shop

The purchase of a Product does not imply any transfer of intellectual property rights. The license granted only authorizes the use, display and adaptation of the Product. Any reproduction, exploitation or distribution, in whole or in part, by any means whatsoever, without the prior written consent of Prestacrea, is strictly prohibited and constitutes an infringement.

The license may be transferred in the event of the sale of the shop for which it was acquired. The transferee does not, however, have access to technical support and updates.

A Client who is a web service provider (agency, freelancer...) may include a Product in their services on behalf of their own client, within the limit of one license per shop, but may not resell or distribute it as is. They alone then have access to technical support and updates.

The Client is free to modify, hide or remove the copyright notice included in the Product.

6. Technical support and updates

6.1 Technical support

Technical support is provided for issues related to the use and operation of the Products, but in no case for their customization or their adaptation to the Client's needs.

Technical support is not provided for issues related to the use of third-party services (Prestashop CMS, third-party modules, hosting...) that do not directly concern the Products.

Technical support is only provided for Products that have not been modified by the Client or by a third party, and when used in accordance with the specifications indicated in the technical sheets (compatibility, languages...).

In some cases requiring an intervention, Prestacrea may need access to the back office of the Client's shop and to its FTP server. The Client agrees to waive technical support if they refuse to provide this access to Prestacrea.

For each purchased Product, the Client can choose the duration of access to technical support:

• 3-month technical support: access valid for 3 months from the date of purchase.
• 12-month technical support: access valid for 12 months from the date of purchase.

Any technical support request must be made by opening a support ticket from the customer account and is processed within 24 business hours.

Beyond the subscribed period, technical support is no longer provided. The Client can then only obtain assistance through intervention tickets.

6.2 Updates

The updates included with the purchase of a Product are not limited in time and include bug fixes, improvements and optimizations, new features, as well as upgrades to future minor versions of Prestashop.

They do not include upgrades to future major versions of Prestashop.

Download links are updated automatically. The Client can therefore download the latest versions of the ordered Products from their account at any time.

Prestacrea reserves the right to suspend the distribution of its Products at any time and without notice. Updates and downloads will then no longer be provided for the Products concerned.

7. Liability and limitation of warranty

7.1 Prestacrea Products and Services

The use of the Products offered by Prestacrea is under the Client's sole responsibility. Prestacrea cannot be held liable for any damage of any kind resulting, directly or indirectly, from this use.

It is the Client's responsibility to take all necessary measures to protect and back up their data in the event of an intervention by Prestacrea on their shop. Prestacrea declines all liability for any damage of any kind resulting, directly or indirectly, from this intervention.

Prestacrea reserves the right, at any time and without notice, to modify its Products and Services and their characteristics or to suspend their distribution, and cannot be held liable for any damage of any kind that may result.

The total amount of compensation that Prestacrea may be required to pay to the Client, for any reason whatsoever and subject to proof of fault on the part of Prestacrea, is limited to the sums actually received by Prestacrea for the transaction concerned.

7.2 Force majeure

Prestacrea, like the Client, cannot under any circumstances be held liable for damage, delays or failures caused by events beyond its reasonable control: social unrest, natural disasters, failure of transport or communication means, computer or power failure, illness...

8. Applicable law and disputes

These terms of sale are governed by French law. The reference language for the interpretation and execution of these terms of sale is French.

Unless proven otherwise, the data recorded by Prestacrea constitutes proof of all transactions carried out with the Client.

Any dispute relating to a transaction or to these terms of sale shall be submitted, failing an amicable agreement and unless otherwise provided by law, to the competent courts having jurisdiction over Prestacrea.