Preamble

These terms and conditions of use (hereafter, “TCUs”) outline all the provisions applicable to the products and services offered on the website www.librasoft.fr (hereafter, the “Website”).

The TCUs are accessible online on the Website. The customer confirms that it has read and accepted them, the purchase of products and the use of services offered by the company LIBRASOFT implying the customer’s express and unreserved acceptance of and adherence to these TCUs as well as, where appropriate, existing contractual documents supplementing or amending the said TCUs.

 

Article 1 : Definitions

Customer : natural or legal person having full legal capacity at the time of the purchase of the Product or the use of the Services offered by LIBRASOFT and/or natural person(s) using these same Products and Services under the responsibility of the customer.

Contract : these TCUs as well as all the contractual documents supplementing and/or amending them (specific terms and conditions of sale, order form, etc).

Services : refers individually or collectively to services such as in particular, but not exclusively, the installation of modules, support, product certification, audits and advice.

Physical product : any type of tangible goods which may be offered to the Customer by the Company in the framework of its activity.

Virtual product : any type of intangible goods which may be offered to the Customer by the Company or its Partners, notably but not limited to, a module, graphic theme, video, logo, document template, electronic book, etc.

Customer Services : all the services offering technical or commercial assistance or dealing with claims, provided by the Company to its Customers and which can be contacted at the following address:
Librasoft, 17 Allée des pinsons 13012 Marseille - France - Tel : +33(0)972 121 608.

Company : Librasoft SASU with capital of 2 700 euros, with its head office at Librasoft, 17 Allée des pinsons 13012 Marseille (France) and registered on the Trade and Companies register of Marseille under the number 507 671 477.


Article 2 : Purpose

The purpose of these TCUs is to define the terms and conditions of the supply of Products and Services offered by the Company and/or its Partners’ Products to the Customer notably in order to enable it to publish, present and sell its own products on the internet and to allow payment via the internet or another payment channel. The TCUs also determine the terms and conditions of the supply of Products to the Company by its Partners.


Article 3 : Online sale

Librasoft is an online store, offering Services, physical Products and virtual Products developed by the Company or its Partners. The financial conditions relating to the sale of Products on behalf of the Partners are detailed in article 3.3 of these TCUs.

Article 3.1 : Processing of the order

The Customer declares that it has read and accepted these TCUs before placing an order. The confirmation of the order therefore implies the acceptance of these TCUs. Unless proved otherwise, the data recorded by the Company constitute proof of all the transactions made with the Customer.

The Customer must check the completeness and conformity of the information provided to the Company when placing the order, notably the invoice address. The Company shall not be held responsible for any errors and resulting consequences.

Article 3.2 : Payment

The Customer can pay for purchases by bank card, or PayPal.

The Company reserves the right to block a transaction for the time required to carry out anti-fraud checks.


Article 4 : Intellectual Property

The Company grants each Customer who buys a virtual Product a user licence, on a non exclusive basis and for the whole world. This licence is only valid once for a single e-commerce store. Moreover the Customer is prohibited from reselling or using in other stores the virtual Products bought on www.librasoft.fr. This restriction includes all the resources supplied with the virtual Product. The Company nevertheless reserves the right to buy virtual Products on behalf of its customers.


Article 5 : Disclaimer

Article 5.1 : Website

Notwithstanding any contrary legal provisions in force, the Website and all the functionalities it offers are supplied as is with no guarantee.

The Company assumes no responsibility in the event of the downloading of computer viruses or similar codes from the Website.

Third parties who can express themselves on the Website are not representatives of the Company and their opinions do not necessarily reflect the opinions of the Company.

The Company accepts no responsibility in the event of the loss or theft of the user’s password, username, account or information in the framework of the Website. It also accepts no responsibility in the event of the loss of content or data or damage resulting from the use of usernames by a third party.

The Company accepts no responsibility with regard to the improper use, loss, theft, modification or unavailability of any of its Partners’ content, notably, but not limited to, image banks, external resources, modules, videos, as well as to any resulting consequences.

Article 5.2 : Online sale

With the exception of the obligations it has resulting from its quality of seller (warranty againsthidden defects and guarantee of the conformity of the products) or by virtue of any other legal provisions in force, the Company assumes no responsibility for the virtual Products supplied.

Unless stated otherwise, installation, configuration, design, support and updates are not included with the purchase of virtual Products. Compatibility with future versions of PrestaShop, third party modules or modified Prestashop installations are not guaranteed, and could not open any right to an exchange or refund.

The Website can be consulted from any country without the content being available for the countries in question. The Company has no obligation to feature this information and does not guarantee that the virtual and physical Products are adapted to any countries other than those for which they have been designed.

Article 5.3 : Updates

The purchase of virtual products through the site of the Company is entitled to an immediate and unlimited downloads for a period of 90 full days from the date of order.

For each virtual product purchased, it is possible to subscribe to the paying option "Updates for one year" that will extend the term of the download link of the products ordered over 365 days from the date of receipt payment, and so take advantage of updates to upcoming products purchased and covered by this option for the specified time.

Article 5.4 : Support

The purchase of virtual products carried on the site of the Company entitled to support the use of it by e-mail only and for a full 90 days from the date of order.

Unless stated otherwise, the installation is not included in the 90 days support included to the purchase of virtual products.

 

Article 6 : Delivery date

A delivery date will be given to the Customer before the order is validated, according to the selectedtransporter. The applicable delivery dates are those indicated at the time the order is validated. However, any order paid by bank transfer will only be processed when the said transfer has been received. The shipping dates must be recalculated from the date this mode of payment is recorded.

Virtual Products can be downloaded on the Website as soon as the payment has been received and validated. The Customer is aware that the downloading of its purchases is dependent on the constraints of using the internet and the Company is not responsible for any difficulties in accessingthe data which it makes available to the Customer.

Unless stated otherwise by the Company, the fulfilment of Services is subject to a delay of five (5) working days after reception of all the necessary elements. This period may be extended if the involvement of an external party is required, notably but not exclusively the web host, the bank or any other provider of the Customer’s service.


Article 7 : Cancellation

Physical or virtual Products, and/or Services may be offered in the framework of these TCUs to consumers and the Customer is informed, where appropriate, and in accordance with the applicable provisions of consumer protection law, that it has a right of cancellation which it can exercise within seven (7) days of the acceptance of the Contract. In this case, the Customer does not need to justify its reasons or pay any penalties, except for any cost of returning goods in the case of the sale of physical Products.

However, the Customer will not benefit from this cancellation right if the fulfilment of the supply of products or services has started before the end of the fourteen (14) day cancellation period cited above. In particular, as purchases of virtual Products are by nature firm and definitive, they cannot result in an exchange, refund or exercising of a cancellation right. However, the Company undertakes to reimburse or exchange damaged virtual Products, including hidden defects or Products which do notcorrespond to the description given on the Website.

Also excluded from the cancellation right are audio or video recordings as well as computer software when they have been unsealed (downloaded) by the Customer, as well as physical Products created according to the Customer’s specifications or significantly personalised.

A Customer who has exercised its cancellation right for a physical Product must return it, in its original packaging and in good condition, to the address given by the Company.


Article 8 : Refund

The products referred to in article 7 of these TCUs are refunded within a maximum period of 14 days following the date on which the right is exercised.

The refund is made by recredit on the same payment method that the one used by the customer to the Customer bank account addressed to the name of the customer having placed the order.


Article 9 : Duty to advise

The purchase of virtual and physical Products can be completely automated without any action on the part of the Company. The company thereby fulfils its duty to advise:

  • through sales support provided by email and by telephone at the number and address indicated on the Website.
  • by the presence on the Website of a detailed description of the virtual or physical Product and, where appropriate, the configuration required for its use.


Article 10: Dispute Resolution

Article 10.1: Responsibility

In no event LibraSoft not be held to repair damage of an indirect nature, such as, but not limited to: a loss of revenue, loss of customers, a damage to the image or reputation, downloading of a virus, data loss or theft, etc.

IN ANY ASSUMPTION AND WHATEVER THE FOUNDATION, THE LIABILITY THAT MAY INCUR A LibraSoft SASU ANY PART WHATSOEVER IN CONNECTION WITH THE PURCHASE, DOWNLOAD OR USE MODULE AND / OR THE PROVISION OF SERVICES SHALL EXCEPT FRAUD OR GROSS NEGLIGENCE, EXCEED THE UNIT PRICE DUTY FREE MODULE OR THE SERVICE FOR WHICH LIABILITY IS SOUGHT LibraSoft.

Notwithstanding the foregoing, the responsibility LibraSoft will be excluded for the following cases:

- Using a module that has not been downloaded from the website www.librasoft.fr;

- Module and / or have not been subject to effective regulation;

- Malfunction of downloading modules related to the configuration or performance of the position of the Customer or its Internet connection;

- Site www.librasoft.fr dysfunction related to curative or evolutionary maintenance operations;

- Modification by the Client Module without the consent of its author;

- Failure by the Customer to use the latest updated version of the module;

- Failure to communicate the Customer of the elements necessary to the resolution of the difficulties that may be encountered by him in the use of a module or the provision of services (This includes, in another, access to the back office, and FTP server the client's site) ;

- Entry error information mentioned in the Customer's Account;

Article 10.2: Module Compatibility

PrestaShop compatibility of our modules is indicated very clearly on their fact sheet (the add button to cart level and in the technical characteristic).

Upon acquisition of a module, the client acknowledges having read this information. No claim or refund can be made in case of incompatibility with the version of client PrestaShop.

Article 10.3: Convention on evidence

The information in the account, including those relating to downloads and support services, will be considered to have probative force between the parties.

Article 10.4: Applicable law - Jurisdiction

These Terms are governed by French law.

The Parties shall endeavor to resolve any dispute relating to the Company's benefits covered by the TOU amicably. In case of disagreement, the dispute subject to the exclusive jurisdiction of the courts of Marseille (France).


Article 11 : Piracy

All users of the Website must report any breach of licence or inappropriate use of the virtual Products offered by the Company.

In the event of a breach of intellectual property by a product offered for sale on the Website by the Company, notification must be made to this effect by an email sent to the Company at the following address: contact [ At ] librasoft.fr In the event of abuse, the user will be liable forthe costs of the counter notification.


Article 12 : Personal information

Information and data relating to the Customer are required by the Company for the management of orders and the business relationship. They may be passed on to companies which are involved in processing the order, notably with regard to online payment. This information is also kept for security reasons and in order to be able to personalise the offers made to the Customer. By virtue of the modified data protection and civil liberties law of 6thJanuary 1978, the Customer has a right to access, rectify and delete information relating to it gathered by the Company as part of its activity. This right can be exercised directly on the Website or by writing to the Company : Librasoft, 17 Allée des pinsons 13012 Marseille (France).

The Customer can choose when creating or consulting an account whether to receive offers from the Company or partner companies. The Customer can at any time change its preferences on the “personal information” page of its customer account

The Website uses an automatic process to install a cookie in the Customer’s computer in order to be able to record information relating to the navigation of its computer on the Website. The Customer can however block the recording of “cookies” by configuring its internet navigator accordingly.

Finally, the Customer acknowledges that the Company may be required, in accordance with its legal obligations, to reveal personal data relating to the Customer in the framework of legal procedures (court orders, etc.).


Article 13 : Cases of force majeure

The Company undertakes in view of current technology to maintain in the best possible conditions the services offered on the Website. However, it will not be held responsible in the event of disruption to the Website attributable to a case of force majeure or which is caused by a third party or a Customer, as well as technical incidents.

The Company therefore cannot be held liable in the event of failure in its contractual obligations due to circumstances which are unforeseeable, irresistible, and outside the parties’ control.

The Parties acknowledge and agree between them, without this list being exhaustive, that notablyforce majeure, or exceptional circumstances or the fault of a third party refer to damages originating in or caused by: natural catastrophes, fires, floods, lightning, electrical surcharges, strikes, electricitypower cuts, failure of the telecommunications network, civil or foreign wars, riots or civil unrest, terrorist attacks, regulatory restrictions relating to the supply of telecommunications services, loss of connectivity and connection due to public and private operators on whom the Company depends.

These cases of force majeure suspend the obligations of the Company cited in the TCUs, for theirwhole duration. However, if a case of force majeure lasts for more than three (3) months, one or other of the Parties would be entitled to terminate their relationship, after sending a letter by registered mail with acknowledgement of receipt, informing the other Party of this decision.