The ClicShopping Marketplace has been developped by the Innov\'Concept Consulting company, whose registered office is located at 7043 a Rue Saint Hubert Montreal H2S2N1, Canada, which is the operator of this site / logiciel and called SERVICES PROVIDER. All orders product or service depicted in the Market Place ClicShopping requires prior consultation of these terms and their full acceptance.
Accordingly, the CLIENT recognizes perfectly informed of the fact that its agreement on the content of these conditions does not require the signature of this document, to the extent the CLIENT wishes to order online products or services in connection with the Market Place
The CLIENT has the option to save or print these terms and conditions being specified that both saving and editing of this document are the sole responsibility.
All this information has been translated from French. The CLIENT declares have full legal capacity to engage under these terms and conditions and responsibilities of its own right.
The basic version is free and ClicShopping freely downloadable and must be supplemented with modules available on the Market Placeâ€‹
These terms are in 2 parts. In the case of an order from a module on the Market Place, only the first part of these conditions will apply. In the case of an order for a hosting service, the terms and conditions will apply.
Market Place : Store offering a range of services that the CUSTOMER may view or order .
Module: means addon can be inserted inside the ClicShopping solution
Store / Shop : means an internet store selling based products or services
Catalog: means all services and products offered to the CLIENT
CLIENT / Client: means any natural or legal person desire to acquire one or more modules and / or receive additional services
Customer Account : is a private space available to the client to allow it to download the modules , check / correct personal information and view their order history and billing
Contributor: means any natural or legal person who made a module to download on market place
Services : means the installation, configuration or additional interventions proposed Module
SERVICES PROVIDER : means the e- Imaginis company managing this MarketPlace
OpenSource : means that the product supplied is free to download , modify in respect of certain rights related to licenses
username and password : A term access to different restricted services like the interface for the CLIENT. This service can be access to the personal space of the portal , support , or administration of the client site via the software or software available to the CLIENT.
Offer or Pack : term for commercial offers including a set of features or options.
Support : A term access to a tool for customer relationship management or aid to the CLIENT by various other means.
Design or Template: term for the design of the site .
Email or e-mail: means data transmission and communication
Contractual Dispostions and Commons concerning an order on the ClicShopping Market Place
Article 1: Entirety.
These terms represent all obligations of the parties. In this sense, the CLIENT is considered to accept without reservation all the provisions contained in these terms and conditions. No general or specific in documents sent or given by the CLIENT may be incorporated herein, since these documents are inconsistent with these terms and conditions.
Article 2: Contractual Language
The CLIENT agrees that the French language make strength of original document. In case of dispute or misunderstanding of terms, words, phrases or sentences in another language, French language prevails over the other languages â€‹â€‹in the context of contractual terms and conditions described in this document. CUSTOMER agrees this provision.
Article 3: Purpose
These general conditions is to define the rights and obligations of the parties under the online sale of goods and services provided by SERVICES PROVIDER to the CLIENT.
Article 5: Contract Documents
This contract contains the following contractual documents presented:
1. terms and conditions,
2. the order.
In case of conflict between the provisions contained in the documents of different ranks, the provisions of the document of a higher prevail.
Article 6: Entry into force - time
- These conditions come into force on the date of signature of the order form. These conditions are concluded for the duration necessary for the provision of goods and services purchased, until the expiry of the guarantees owed â€‹â€‹by the service provider.
- Based on changes in laws and regulations, these terms can be changed at any time.
Article 7: Electronic Signature
The full acceptance, without reservation, by the CLIENT general conditions shall be deemed given when it checked the box I accept the terms and conditions when placing his order. Failing to have checked the box, make an order is impossible and invalid, that the CLIENT acknowledges.
Article 8 : Account Access
- Anyone can register on the Market Place if it has full legal capacity. Access to the Market Place requires an insciption beforehand.. The Customer is solely responsible for keeping the confidentiality of his logins and password.
- The PROVIDER waives any responsibility in case of the use of MARKET PLACE by a person, other than the Customer or a person authorized by him, of his logins.
- The registration on the Market Place website is free and without obligation of purchase.
Article 9: Order Confirmation
The contractual information will be confirmed by e-mail no later than at the time of delivery or otherwise, to the address indicated by the Customer in the order form.
Article 10: Proof of the transaction
The records stored in computer systems by the SERVICES PROVIDER, and those in conditions of reasonable safety, will be considered proof of communications, orders and payments between the parties. The archiving of orders and invoices is made â€‹â€‹on a reliable and durable can be produced as evidence.
Article 11: Information on products and services
- The SERVICES PROVIDER has on its website the products / services for sale with the features necessary to allow compliance with Article L 111-1 of the Consumer Code, which provides for the potential CLIENT know before taking final order the essential characteristics of products / services they wish to buy.
- Offers presented by the SERVICES PROVIDER are valid only within the limits of available stocks or services within a limit of time.
- The pictures of products / services are not contractual, the products / services are subject to change presentation or functionality in time
Article 12: Price
Prices are quoted in euros or another currency and are valid only at the date of sending of the order by the Customer. They do not reflect other costs like charged extra, and indicated before the validation of the order. Prices include tax applicable on the date of the order and any change in the applicable tax rate will be reflected in the price of products / services of the Market Place. Payment of the full price must be made when ordering. At any time, payments can not be considered as payments or installments.
Article 13: Failure to comply of the obligations of the CLIENT or non-renewal.
- In case of failure by the CLIENT of any of its obligations, the SERVICES PROVIDER reserves the right to interrupt the service in the first instance and then unilaterally terminate its obligations. The customer will be notified by email. A CLIENT non-response within 7 days will result in a breach of contract between the parties automatically.
- All services may be interrupted and without this suspension can not give right to any compensation whatsoever to the customer.
Article 14: Information obligation
- The CLIENT agrees to notify the SERVICES PROVIDER, without delay, of any changes to his situation including legal problems (insolvency, bankruptcy, reorganization), change of address, change its debit.
- The CLIENT may exercise the right of access and rectification to the SERVICES PROVIDER in accordance with the laws in force in the country, for all the information provided in the case of this contract and those by mail addressed to SERVICES PROVIDER.
Article 16: Guarantee of products / services sell
Products downloaded (not free)from the Market Place were checked on our servers and are functional as mentioned on the site with mention Certified by Innov\'Concept Consulting. Given the diversity of settings for web servers and operating systems, not provide any guarantee of proper operation other than the use of the products on our servers.
- The script in relation wiht the product can have a limited life because the technoloige change and with an update or modification on ClicShopping software does\'nt work.
- The SERVICE PROVIDER will provide its best endeavors to make modules available to download from its website 24h/24, 7/7, without interruption other than that required for the purposes of curative and upgrade maintenance of the Market Place.
- The attention of the CLIENT is specifically drawn to the fact that the market place is, like any website and more generally as any computer application capable of malfunctions, defects, errors or interruptions. Accordingly, the SERVICE PROVIDER does not guarantee the CLIENT the uninterrupted functioning of the Market Place.
- In case a download product was made â€‹â€‹by a third party, the CLIENT should contact the company directly if a problem occurs. The SERVICE PROVIDER shall not be held responsible in this case.
- The open source solution is the subject of a daily update of code, in this sense ClicShopping solution can include a number of bugs that will be evaluated with rectification. Corrections of these bugs can be done on a proposal from the communities or internally. the update will be available in a new version.
- The update of the OpenSource ClicShopping solution does not guarantee interoperability of all modules. In this context, should be the Client to purchase the update module.
Article 17 : Right of withdrawal
- In the case of web hosting , the client has a period of 7 working days to cancel the order. This period runs from the date of delivery of the order CLIENT. If this period expires on a Saturday, Sunday or a holiday or holiday, it is extended until the next business day. All returns must be reported at Customer service by email following the procedure of contacting. The support is linked in the edition of his order in his account.
- In the case of downloading a product, the product is deemed as purchased and the order can not be canceled once the Customer has received its mail order delivery and invoice available in his account.
- This right of withdrawal is without penalty . Assuming the exercise of the right of withdrawal, the Customer has the option of requesting either a refund of monies paid, or exchange the product. In the case of an exchange , charges may apply.
- In case of exercise of the right of withdrawal, the SERVICE PROVIDER will make every effort to reimburse the CLIENT within 30 days.
- The Customer will be refunded by crediting his bank account (secure transaction) if paid by credit card, check or by bank transfer possible.
Any claim relating to operation of the modules must be made to the SERVICE PROVIDER via the account of the CLIENT.
Article 18: Intellectual Property
The modules are delivered in OpenSource, the CUSTOMER may change at will. However, the CLIENT has only a simple license to use the downloaded modules, non-exclusive, personal and not transferable to the world, and for the duration of copyright. This license is only valid for one shop. Breach of the terms of this license may result, at the discretion of PROVIDER, termination of the license granted in these terms and conditions for the issue module and / or account deletion, and / or the ability to SERVICE PROVIDER refuse subsequent downloading any module from the Market Place by the CLIENT concerned.
Article 19: Responsibility
- In any case, the SERVICES PROVIDER shall not be obligated to repair any damage of an indirect nature, such as, but not limited to: loss of income, downloading a virus, loss of goodwill, an impairment in image or reputation, loss or theft of data, etc..
- In any event and whatever the basis, the responsibility that the SERVICES PROVIDER may incur in any capacity whatsoever in connection with the purchase, download or use of modules and / or provision of services, can unless gross negligence, exceed the price excluding tax module or service for which the responsability of the SERVICES PROVIDER is wanted
Notwithstanding the foregoing, the liability of the SERVICES PROVIDER will be excluded for the following cases:
- Using a module has not been downloaded and / or has not been effective resolution from the Market Place and / or not installed correctly
- Malfunction of downloading modules related to the configuration or performance of the CLIENT web server or your Internet connection.
- Malfunction MarketPlace related to operations of the curative or active MarketPlace maintenance.
- Modification by the CLIENT module without the consent of its author.
- Impact on business process of the company
Article 20: Force Majeure
the SERVICES PROVIDER may suspend service if occurrence of an event beyond its control, a case of force majeure or an act of a third party outside the control of the SERVICES PROVIDER. It was agreed that may be particular cases of force majeure: the legislative and regulatory changes, fires, storms, floods, strikes internal or external SERVICES PROVIDER, disease, surges and electrical shocks, failures cooling systems and hardware, bottlenecks and slowdowns of electronic communications networks, computer viruses and hackers, and more generally any unforeseeable and beyond the control of the SERVICES PROVIDER.
Article 21: No partial validation
If one or more provisions of these terms are held to be invalid or declared as such under any law, regulation or following a final decision of a competent court, other provisions shall remain in full force and scope.
Article 22: No Waiver
The fact that one party not to claim a breach by the other party of any of the obligations contained in these Terms shall be construed in the future as a renunciation of the obligation in question.
Article 23: Applicable law
These terms and conditions are subject to French law. This is for the fund rules as to the rules of form. In case of dispute or claim, the CLIENT should first contact the SERVICES PROVIDER for an amicable solution.
In case no amicable solution has been found, all disputes relating to the business relationship between the CLIENT and the SERVICES PROVIDER shall be subject to the exclusive jurisdiction of French courts and subject to the exclusive jurisdiction of the Commercial Court nearest head office of the SERVICES PROVIDER which the parties attribute exclusive jurisdiction regardless of the place of use of the service or the defendant\'s domicile.
Article 24 : Data Protection
Contractual dispostion for web hosting concerning the ClicShopping solution of the service provider
These provisions are in addition to the provision described above and apply as part of a hosting solution ClicShopping the order.
This agreement aims to define the different conditions of use, management, responsibilities of the parties in accordance with the offer made â€‹â€‹by the CLIENT for. This contract does not include all related fees, telecommunication, internet subscription for the CLIENT to access the service. Unless otherwise stated, all updates (except impact on the design), adding features are directly subject to these terms and conditions.
Service delivery does not include hosting the CLIENT site that is only accessible by the public internet network or intranet in case the site is hosted elsewhere on servers SERVICES PROVIDER.
Article 1: Duties of the SERVICES PROVIDER
- The SERVICES PROVIDER agrees to make every effort to ensure the availability, performance and quality of services it offers within its means. He will try wherever possible to limit downtime.
- The SERVICES PROVIDER agrees to implement under the terms of the offer controlled by the CLIENT, a backup of the database and the CLIENT may at the request of the customer restore the data from the last database available. This restoration is charged. However, no commitment is made â€‹â€‹by the SERVICE PROVIDER concenant the quality of stored data and can not be held responsible in case of problems when retrieving data from the server.
- The SERVICES PROVIDER may nevertheless interrupt service to perform maintenance of hardware, software, update used to ensure over time the quality of its services.
- Despite all the means used, the SERVICES PROVIDER can not be held liable for damage suffered by the CLIENT due to server downtime, data loss, refunds or data manipulation and data it support no obligation to repair or compensation related to the problem of access to services or data manipulation tools.
Article 2: Obligations the CLIENT
- The Customer acknowledges and agrees that its data handling can be performed in case of hardware maintenance or software. In case of errors, the SERVICES PROVIDER can not be held liable as mentioned in the last paragraph of the obligation SERVICES PROVIDER section.
- The Customer acknowledges and agrees that the SERVICES PROVIDER may have access to or the software in order to carry out all necessary checks or maintenance of the tool. Under a software maintenance, it may possibly be charged to the customer depending on the contract between the parties
- The CLIENT and users of the tool are prohibited from performing any intrusion or attempted on the server.
- The CLIENT recognizes within an hosting, if the site were to consume too much bandwidth, its site may be moved to a server more in line with their needs. an invoice will be presented to them to meet their needs. In the case of a refusal the CLIENT, termination of subscription may be made by the SERVICES PROVIDER.
Article 3: Domain Name
- The domain name is the client. The Customer may request the SERVICES PROVIDER to create and manage its area to ensure proper operation of the service.
- The SERVICES PROVIDER under certain conditions, can take over some paperwork. In this case, the formalities will be filed on behalf of the CLIENT which fully retains ownership or will be managed by the SERVICE. A billing can be performed.
- The SERVICES PROVIDER disclaims any liability for registered domain names on behalf of the CLIENT, or other administrative actions taken at the request the CLIENT which could result in legal prosecution. It is the customer\'s responsibility to perform all the necessary steps in order not to conflict with national or international laws.
- The SERVICES PROVIDER may take over the management of the domain name of the client. It will establish an invoice so that the customer can set the renewal of the domain name year. In case of non receipt of payment of the domain name in time, the SERVICES PROVIDER shall not be held responsible for the loss of the domain name, inactivity of its website or receiving emails / emails.
- In case the customer uses a service provider to host their domain names, the SERVICES PROVIDER disengages from all liability concerning the non-payment of domain names within the time granted and Liaison its servers.
Article 4: account pop3 and email
The SERVICES PROVIDER is in no way required to provide an SMTP service to the customer, it is usually provided by the internet service provider of the customer and is not responsible for the information circulating via emails or / emails the CLIENT.
He also belongs to the CLIENT to use a messaging who is able to take account of the specific setting allowing access to account protocols SMTP and POP communication proposed by the SERVICES PROVIDER.
Article 5: User Assistance
- In case of billing, customer will be notified by the carrier and shall submit its authorization or not. Its non-authorization may result in the résilisation contret between the parties. The premise update aim to ensure continuity between the equipment, technology and especially security.
- The answers will be available as manufactured and legal work hours. Telephone support made â€‹â€‹at the request of the customer will be invoiced including him in the consulting service.
Article 6: Moral Duty of customer
- The Customer agrees to comply with the laws of the country on the circulation of information, sales, presentation of products and services. He agrees to be aware of the practices and uses, without limitation, compliance with copyright, contrary to public morality and order materials .... the CLIENT acknowledges that the SERVICES PROVIDER provides a solution with respect to the provision of specific service. Any outside intervention on the server automatically result in case of trouble using the services performed, not its responsibility.
- In case of an immoral use and following a request of the judicial authorities, the PRESTAIRES SERVICES able to provide these instances the account access features and content of the offer to the customer.
- SERVICE PROVIDER shall not be held responsible and those whatever the cause raised. The SERVICES PROVIDER may, if the CLIENT affect its legitimacy, reputation, engage all legal proceedings against the CLIENT.
- The client assumes full responsibility for the service, content, orders, payments from customers and their consequences, including tax and its data. He is responsible for all litigation be pursued and can not put the responsibility of the SERVICES PROVIDER for whatever the cause.
Article 7: Restricted FTP
- The customer can have restricted access via FTP to an accommodation after this ask after evaluation and using. This aims to allow access to the CLIENT to make interventions on the software.
- It is forbidden to add to the CLIENT software other than those which aim to improve the functionality of ClicShopping
- The Customer is responsible for any malfunctions arising on ClicShopping or may have a result on the performance of the server generally
Article 8: Specifications
At the customer\'s request, a detailed specification can be achieved for the implementation of a defined benefit. Otherwise, the elements explained and forming part of the quote, order, invoice, will only be realized. Any modifications or re-arrangement will be subject to billing.
Article 9 : Responsabilities
- The CLIENT is solely responsible for the information it makes available to its customers and is available on its website. He claims to be the holder and responsible of the content (images, logos, brands ...) and know the laws applicable to their field of activity.
- The CLIENT guaranteed to SERVICES PROVIDER and whatever nature, automatically entails the implementation of civil or commercial responsibility towards his CLIENT to SERVICES PROVIDER.
- Le CLIENT est le seul responsable de l\'information qu\'il met a disposition de son client et qui est accessible sur son site. Il déclare aªtre titulaire et responsable du contenu diffusé (images, logos, marques â€¦) et connaa®tre les lois en vigueur applicable a son domaine d\'activité.
- The Customer will be responsible for putting its financial resources for the benefit of the SERVICES PROVIDER so that it performs all of its costs. As the SERVICES PROVIDER is not recognized as responsible for the litigation by the competent authority, the CLIENT will support the presumption of liability and will be responsible for paying any interest.
- In the case of disputes related to service website operated by the CLIENT, the SERVICES PROVIDER may unilaterally suspend this contract. The customer will be notified in advance via the media or any other means of communication.
The Customer declares to have full legal capacity to comply with all laws and procedures of the countries concerned.
Article 10: Limitation of access to the Internet and content security
- The Customer declares fully understand the nature and limitations of the internet, intranet and extranet.
- The service would be held liable for any such inaccessibility site hosted because of network saturation at certain periods of piracy resulting in the destruction of data, virus contamination data , CLIENT software, wave propagation (WIFI) whose protection it incurs or malicious intrusions third parties of CLIENT and despite those safeguards put in place by the SERVICES PROVIDER.
- The server SERVICES PROVIDER. The CLIENT acknowledges having all commitments to guard against such eventualities.
- The PRESTAIRE SERVICES may force the customer to update their tools to guard against any attack from a malicious outsider. The customer will be required to comply the ttariffs and requirements imposed by the SERVICES PROVIDER.
- In the absence of non-compliance with this provision of security, the SERVICES PROVIDER may terminate the contract without the customer has the opportunity to pursue a claim or compensation for any reason whatsoever. A registered letter with acknowledgment of receipt or letter will be sent to the email notifying CLIENT terminate the contract within a week.
Article 11: Force Majeure
- The PRESTAIRE SERVICES, given current technology, is committed to maintain the best possible conditions services offered to the CLIENT. However, the SERVICE PROVIDER shall not be held responsible for any interruption of its services due to force majeure, act of a third party, CLIENT or its CUSTOMERS, as well as hazards arising art.
- The parties agree , without this list being limiting , among them , that emerge , including either force majeure or fortuitous event , or because of a third party, damage finding their origins or their in : natural disaster, fires, floods, lightning , failure of the telecommunications network , civil wars , shelves , strikes, stoppages of electrical supplies, equipment damage or failure , riot or civil commotion , terrorist attacks, the loss of connectivity due to public and private operators whose SERVICE PROVIDER depends .
- The case of major force suspend the obligations arising under this contract for the duration of its existence. In case of force majeure would last more than three consecutive months, either party may terminate at any time this contract after sending a registered letter with acknowledgment of receipt with return receipt letter notifying the decision .
- In case the damage would be caused by the SERVICE PROVIDER, it can not be claimed an amount greater than the total amount paid by the CLIENT in connection with its operation.
Article 12: Term, Termination modification of the financial clauses
- This contract commits the CLIENT for a minimum period of 1 year, renewable by tacit renewal period of one (1) year thereafter unless otherwise reached between the parties or developed in the order. The contract may be terminated by either party by registered letter with acknowledgment of receipt indicating unequivocal intention not to continue commercial relations. Registered letter must be received no later than sixty (60) days before the end of the contract period.
- The service provider reserves the right to change its general tariffs and conditions at any time using the hosting service. Non-acceptance of an amendment of the contract may create a termination without the CLIENT can not claim any compensation.
- The SERVICES PROVIDER will inform on the invoice to the customer or granted by letter or email / email changes to this contract clauses or tarif. In case of refusal CLIENT, it must notify the service provider within thirty (30) days, by registered letter with acknowledgment of receipt. This timeout, the changes are deemed accepted by the CLIENT. Failing this countering may be terminated by the SERVICES PROVIDER.tarif. In case of refusal CLIENT, it must notify the service provider within thirty (30) days, by registered letter with acknowledgment of receipt. This timeout, the changes are deemed accepted by the CLIENT. Failing this countering may be terminated by the SERVICES PROVIDER.
- Termination of a contract may result in costs of services that the amount does not exceed â‚¬ 150 excluding taxes. The domain of customer will refunded to him at his request after the full payment of amounts due.
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Article 13: Payment
The Customer pays the services according to the terms defined in the purchase order, quotation or invoice. Invoices are sent by email / mail to the customer over a period of one week to one month before the payment due date. Payment deadlines are listed on the invoice, quotation or order.
- Concerning financial transactions via the ClicShopping solution, a commission is collected on sales made at the time of the transaction. The amount indicated on the rental rates in the order and the conditions of regulations. The amount of the commission can be changed at any time after notifying by email the CLIENT.
- In the event of non-payment of the subscriptions by the customer or provision of services, the SERVICE PROVIDER may interrupt and restrict access to the website. A formal notice of payment will be sent by the SERVICE PROVIDER TO THE CLIENT by email. If it has not been effective for fifteen (15) days after receipt by the CUSTOMER, the SERVICE PROVIDER to break the contract unilaterally and without prejudice to the implementation of the damages and the penal clause provided for In the contract.
Article 14: Breach of the obligations CLIENT or non-renewal.
- In case of failure by the CLIENT of any of its obligations, the SERVICES PROVIDER reserves the right to discontinue the service at first and then unilaterally terminate its obligations. The customer will be notified by email. A non-response CLIENT within 7 days will result in a breach of contract defintive between the parties.
- All services may be interrupted and without this suspension can not entitle to any compensation whatsoever to the customer.
Article 15: Obligation to provide information
- The CLIENT agrees to notify the SERVICES PROVIDER, without delay, of any changes to his situation including legal problems (insolvency, bankruptcy, reorganization), change of address, change its debit.
- The Customer may exercise the right of access and rectification to the SERVICES PROVIDER in accordance with the laws in force in the country, for all the information provided in the case of this contract and those by mail addressed to SERVICES PROVIDER.
Article 16: Confidentialities
- The SERVICES PROVIDER agrees to respect and protect the confidentiality of the CLIENT and agrees not to use the personal information and activity of CLIENT directly or indirectly.
- As part of its own communication, the SERVICES PROVIDER may use the projet in this communication. The CLIENT must inform SERVICES PROVIDER by registered letter with acknowledgment of receipt notifying his wish that his name not be used on communication media SERVICES PROVIDER letter.
- The CLIENT must be aware that the provider may be required to disclose personal information and / or activity in the context of legal proceedings such as a search warrant, subpoena, court decisions ...
Article 17: Applicable law, Legal Litigation
The applicable law is the law or the head office of the SERVICES PROVIDER. Any dispute relating to this contract (interpretation, application) will be submitted, failing agreement, the nearest court to the head office of SERVICES PROVIDER, which the parties attribute exclusive jurisdiction regardless of the location of use service or the defendant\'s domicile.