The User is informed that using PrestaShop Download to create an e-commerce site (“the Retail Site”) intended to sell goods and services over the internet is exclusively reserved for professionals as defined by applicable consumer law and declares being in compliance.
As a professional acting to the ends that fall within the scope of its business, industrial, artisanal or professional activity, the User recognizes that they do not benefit from the right of withdrawal from which only consumers benefit, as defined by French consumer law. In this sense, the User recognizes and accepts that they do not have the right to withdraw from digitally downloaded content from the moment the download has begun.
2. Downloading the solution – How can I access PrestaShop?
Downloading PrestaShop Download is free of charge.
The PrestaShop company is subject to an obligation of means as regards supplying PrestaShop Download. PrestaShop will make its best efforts to ensure that PrestaShop Download is available to the User 24 hours a day, 7 days a week, without interruption other than those required for Solution maintenance or upgrades. PrestaShop denies all responsibility and will have no obligation to indemnify should the solution not work or not work well due to the lack of an internet connection or lack of respect for Configuration Requirements.
3. Scope of the Solution and customizing the Retail Site – How can I use PrestaShop?
The Solution’s scope is exclusively technical in nature. It allows users to create a retail site operated by the User to the ends of his or her online business activity.
The Retail Site may be customized by installing Modules and Themes offered by PRESTASHOP S.A. through its Addons marketplace. PrestaShop presents certain Modules and Themes by default in the Retail Site’s back office; these can be freely installed by the Retail Site. In all cases, the User remains responsible for installing and configuring Modules and Themes.
As part of using the Solution, no technical assistance is provided or guaranteed to the User. However, the user may purchase technical assistance offered by PrestaShop via its official marketplace, PrestaShop Addons.
By using PrestaShop Addons, the User creates an account and declares having read the PrestaShop Addons Terms and Conditions and accepts them via a checkbox.
Notably, it is the User’s responsibility to manage the sales, logistics, marketing, and finances of the future Retail Site, towards which the PrestaShop company remains separate.
Notably, PrestaShop does not make any commitment or guarantee relative to:
- the Retail Site’s suitability for the User’s needs;
- the performance of the Retail Site in search engine rankings;
- obtaining a minimum number of visits to the Retail Site;
- the profitability of the Retail Site;
- the lack of errors or anomalies on the Retail Site.
4. User Commitments – How can I use PrestaShop?
Faithful and appropriate use of the Solution
The Solution can be used to create and operate a Retail Site that respects public order and decency. The User agrees to respect legislation and regulations that apply to its internet site and the customers to whom the site is accessible.
The User agrees to use the Solution according to the usual standards of the profession and, where applicable, to respect the provisions governing relations between professionals and consumers in a remote sales activity of a B to C nature.
The User’s obligation to inform
The User is required to immediately inform PrestaShop in any way (i) of any counterfeit use of the Solution, or use that is liable to be considered as such, of which they may have learned and (ii) of any loss or destruction of data and errors in the Solution, even if it does not inhibit activity.
Responsibility for using the Solution
The User is sole responsible for making sure the Retail Site is in compliance with applicable regulations. The User is sole responsible for sending emails from his or her Retail Site. The User recognizes that they must respect legislation concerning personal data, sending emails, and spam. He or She must respect legislation concerning the management of a Retail Site’s customer database and to make all necessary declarations that apply (notably, for French and European sites, a declaration of customer files with the CNIL.
The User assumes complete responsibility for all damages that result from using the Solution and his or her Retail Site. The User is responsible for all operations performed by themselves or a third party that they have mandated when using the Solution.
The User assumes complete responsibility for the content of the Retail Site, their business practices and the commercial relationship they maintain with their customers. PrestaShop is not party to contracts for sales or service provision contracted between the User and their customers via their Retail Site.
As PrestaShop does not intervene in the contractual relationships between the User and the users or customers of the Retail Site, PrestaShop declines any involvement in any commercial dispute that may arise between the User and their contracting parties. As a consequence, PrestaShop denies any responsibility in the failure of the User in the scope of offering, selling, or delivering its products or services.
Except for willful misconduct or gross negligence, PrestaShop’s responsibility may not be sought for reparations for any type of damages, either directly or indirectly.
PrestaShop denies any responsibility for the content and legal value expected of the elements that appear on the Retail Site, as well as how they may be assessed by any administration or jurisdiction.
The User agrees to ensure the secrecy of their user name and access code that allow them access to the Back Office. Any connection that uses the User’s identification and password is considered as having been performed by the User themselves.
5. Intellectual Property – How should I respect everyone’s intellectual property rights while using PrestaShop?
Absence of transfer of intellectual property rights
Using the Solution does not result in a transfer of ownership to the other Party. The User will refrain from adversely affecting, in any way, shape, or form, the intellectual property rights held by the PrestaShop company or one of its customers, notably in that which concerns texts, photos, videos, data, posters, logos, brands, and other elements included in the Site.
Non-use of the PrestaShop brand in the domain name
As the User purchases a domain name for their Retail Site, they are informed that using PrestaShop’s brand in a domain name is strictly prohibited, unless expressly authorized by PrestaShop. The User therefore agrees to not use the PrestaShop trademark in the Retail Site’s domain name and URL, unless expressly authorized by the PrestaShop company. Any Retail Site created using the Solution that uses the protected trademark PrestaShop in its domain name may result in legal proceedings being brought against them.
As part of an overall objective of fighting counterfeits on the internet, the User agrees that the products sold on its Retail Site are compliant with the applicable legislation, to not infringe upon the rights of third parties, notably copyright, and to not sell counterfeit goods or digital content. He or She certifies that they are not in legal proceedings for counterfeiting or other reasons. The PrestaShop Company refuses any responsibility in the case where the User sells counterfeit merchandise.
Retail Site operations
While using the Solution, the User has the right to use the Solution for one or more Retail Sites for the world over.
In the same way, Modules and Themes developed by PrestaShop or its partners remain their exclusive property. For these Modules and Themes, PrestaShop only gives the User a simple right of use limited to using a single Retail Site for the entire legal length of copyright and for the entire world from the point the Module or Theme concerned is purchased, in accordance with the PrestaShop Addons Terms and Conditions.
The User may cease using the Solution at any time. The User recognizes that ceasing a Retail Site’s activity must be accompanied by formalities among customers and any ongoing services.
All texts, photos, videos, data, logos, brands, or any other elements published on the PrestaShop company’s websites are reserved and protected by intellectual property rights, notably copyright, trademark rights and by legislation concerning database protection.
As a consequence, these elements may not be used, broadcast, or reproduced, even partially, without the PrestaShop company’s explicit agreement.
However, while the service is used, the PrestaShop company authorizes the User to cite its company name as a commercial reference.
In exchange, while the service is used, the User explicitly allows the PrestaShop company to cite their company name and product brands as a commercial reference.
Each Party expressly agrees to not harm the image or reputation of the other Party.
6. Personal data – how will my data be used?
By using the Solution, the User recognizes that they may put certain personal data and commercial information concerning them at the disposition of the PrestaShop company (last name, first name, email address, telephone number, and statistical information about the Retail Site’s activity).
In accordance with the French law on privacy, data protection and freedom of information of 6 January 1978 as modified in 2004 and its decrees of application, the User has the right to access, rectify, oppose, and delete information that concerns them that has been collected by the PrestaShop company within the scope of its activities. The right to delete may only be exercised for legitimate reasons.
These rights can be exercised directly on the Site or by writing a letter to the Company:
PRESTASHOP S.A. - Service Réclamation Données à caractère personnel, 12, rue d’Amsterdam – 75009 PARIS (France).
The User is informed that their data may be sent to companies and contributors that help process orders for Modules, Themes, and other paid-for options and to the PrestaShop company’s sales partners from whom the User has downloaded a module for technical, logistical, statistical, and commercial use. Some of these third-party recipients are located outside of the European Union, in countries recognized by the European Commission as offering an adequate and sufficient level of protection for personal data, in accordance with the decision no. 2002/2/CE of 20 December 2001 that assesses, in accordance with the directive 95/46/CE of the European Parliament and Council, the adequate level of personal data protection offered by the various laws applicable to protecting personal information and electronic data. These third parties may use this data for sales prospection, which the User recognizes and accepts. If the User does not wish that their information be transferred to third parties in this way, they must not download Modules or services offered by these third parties.
Finally, the User allows that PrestaShop may be required, in accordance with its legal obligations, to reveal personal data about them within the scope of legal proceedings (legal requisitions, judicial decisions, etc.).
The Parties agree that the User’s connection and visit logs to the Retail Site, as well as the information the User gives when downloading, will be considered as conclusive evidence between the two Parties.
In this regard, the User allows PrestaShop, subject to respecting its privacy obligations, to save all information useful in establishing and preserving this evidence.
7. Applicable law – Place of jurisdiction – What should I know?
FAILING THIS, THE PARTIES ASSIGN THE COMMERCE TRIBUNAL OF PARIS (France) AS PLACE OF JURISDICTION, NOTWITHSTANDING MULTIPLE DEFENDANTS OR THIRD PARTY CLAIMS, URGENT PROCEDURES OR PROTECTIVE MEASURES.