Terms and conditions of use
These general conditions of use (hereinafter, the "CGU") detail all the provisions applicable to the products and services offered on the Auroravolant website (hereinafter, the "Site").
The Terms are available online on the Site. The customer declares to have read and accepted them, the purchase of products and the use of the services offered by the company Auroravolant.
Article 1: Definitions
Customer: natural or legal person having full legal capacity when purchasing a Product or using the Services offered by the MEDIACOM87 company and / or natural person (s) using these same Products and Services under the responsibility of the client.
Contract: these T & Cs as well as all the contractual documents supplementing and / or amending the latter (special conditions of sale, order form, etc.).
Services: designates individually or collectively services such as in particular but not exclusively the installation of modules, support, product (s) certification, audit and advice.
Physical product: any type of material good that can be offered to the Customer by the company as part of its activity.
Virtual product: any type of non-material product that can be offered to the Customer by the company or its Partners, in particular and without limitation, module, graphic theme, video, logo, document model, electronic book ...
Partner: natural or legal person offering Products through the company.
Customer Services: all technical, commercial or any assistance services provided by the company to its Customers at the following coordinates:
The purpose of the T & Cs is to define the terms and conditions for the supply of Products and Services offered by the company and / or Products of its Partners to the Customer in particular in order to allow him to publish, present and market his own products on the Internet and provide for the possibility of payment via the Internet or another payment channel. The T & Cs also determine the terms and conditions for the supply of Products to the company by its Partners.
Article 3: Online sales
auroravolant is an online store, offering Services, Physical Products and Virtual Products developed by the company or its Partners. The financial conditions related to the sales of Products on behalf of Partners are detailed in article 3.3 of these Terms.
Article 3.1: Processing the order
the company collects all payments made on the Site.
For any purchase of a Virtual Product from its Partners, the company takes a commission between twenty (20%) and thirty percent (30%) of the price excluding taxes of the Virtual Product. Partners can request the amount due to them under the following conditions:
Payment for the Virtual Product was collected more than forty-five (45) days ago
The sale has not been canceled
Payment is made by bank transfer from France. All costs generated by this payment are borne by the Partner.
the company reserves the right to cancel any transaction made for a Product offered for sale by a Partner, in particular, but not exclusively, in the event of suspected fraud. the company has no justification to provide to the Partner and the Partner may in no case request the repayment of its commission for the transaction.
Article 4: Specific conditions for Company Partners
the company reserves the right to refuse to offer for sale on the Site any virtual product without having to provide justification. Any refusal of Virtual Products constitutes a sovereign decision of the company which cannot be appealed.
The company reserves the right to suspend a Partner's account for a certain period thus limiting its actions, and for any legitimate reason, in particular but not exclusively in the event of suspected fraud.
Partners can sell their Virtual Products on other media and distribution channels than those offered by the company. However, they are not entitled to use their status as a Business Partner or any other reference to Prestashop by Mediacom87 for advertising and promotional purposes to sell their Virtual Products on these other channels.
the company has the right (but not the obligation), in its sole discretion, to check at any time the Virtual Products offered by its Partners, in particular as to their legality and their compliance with the provisions below.
Only virtual Products may be offered that fall within the scope of the law. In particular, it is up to the Partner to ensure that its Virtual Products does not constitute (i) a violation of the intellectual property rights of third parties (in particular, any reproduction of a work of the mind whatever it is that the Partner has not carried out personally or for which he does not have the necessary authorizations from the assigns or any third party holder of the rights therein), (ii) a violation of industrial property rights (trademarks, designs and models, patents , etc.), (iii) an attack on persons (image rights, defamation, insults, insults, etc.) and respect for private life, (iv) an attack on public order and morality (apology for crimes against humanity, incitement to racial hatred, obscenity, child pornography, etc.).
Thus, the Partner guarantees that it is the owner of its virtual Product and the resources used by it (images, external libraries ...) or that it has obtained the necessary licenses, and that it has the authorization of any person represented in the content of the Virtual Product.
The Partner guarantees the company against any recourse, complaint, claim by third parties in relation to all of the aforementioned elements and, in particular but without limitation, those which would call into question the use of the Virtual Products.
the company reserves the right to transmit any information relating to the use of its Services, in particular but not exclusively that referred to in Article 13 hereof, to the competent authorities responsible for enforcing the law, under the conditions mentioned in this article.
the company reserves the right to advertise the Virtual Products of its Partners without paying any compensation to them. As such, the Partner authorizes the company and this, without financial compensation, to use the brands and logos relating to its Virtual Products.
the company reserves the right to make changes to the Contract. The modifications will be effective, and considered as accepted by the Partner, immediately if the Partner submits a new virtual Product or within 7 days after the modifications if the latter continues to use the services of the company.
Article 5: Intellectual property
the company sells Virtual Products on behalf of its Partners on the Site. Consequently, the Partner expressly authorizes the company to put online the Virtual Products which it will have submitted to the latter. However, it retains the intellectual property of its Virtual Products and the company undertakes not to use it for its own account or to sell it under conditions other than those set out in article 3.
The Partner and / or the company grants each Customer who has purchased a Virtual Product a user license, on a non-exclusive basis and for the whole world. This license is valid only once for a single e-commerce store. No assignment of rights is hereby granted by the Partner to the Client. The Customer is also prohibited from reselling or using on other shops the Virtual Products purchased on Prestashop by Mediacom87. This restriction includes all resources provided with the Virtual Product. the company nevertheless reserves the right to purchase Virtual Products on behalf of its customers.
Article 6: Limitation of warranty
Article 6.1: Website
Unless otherwise provided by legal provisions in force, the Site and the functionalities offered by it are provided as is without any warranty.
the company does not assume any responsibility in the event of downloading of computer viruses or similar code from the Site.
The third parties who may express themselves on the Site are not spokespersons for the company and their opinions do not necessarily reflect the opinions of the company.
the company disclaims all responsibility in the event of the loss or theft of a password, identifier, account or information by the user within the framework of the Site. It also declines all responsibility in the event of loss of content or data, or damage linked to the use of identifiers by a third party.
the company declines all responsibility with regard to the misuse, loss, theft, modification or unavailability of any content from its Partners, in particular and without limitation the image banks, external resources, modules, videos, as well as the consequences that could result.
Article 6.2: Online sales
With the exception of the obligations incumbent on him as a seller (guarantee of hidden defects and guarantee of product conformity) or under any other legal provision in force, the company does not assume responsibility for the Virtual Products supplied by its Partners . In the event of a malfunction on a Partner's Virtual Product, the latter will remain fully responsible for the modifications requested by the Client.
the company does not assume any responsibility in the event of downloading of computer virus or similar code from the Virtual Products ordered on the Site.
the company disclaims all responsibility in the event of loss or theft of user data, or any type of damage, when using the Virtual Products ordered on the Site.
The company disclaims all responsibility in the event of a malfunction related to a service ordered from the Site, in particular, but not exclusively, installation of shops and modules, research and correction of bugs, specific developments.
Unless otherwise stated, installation, support and updates are not included with the purchase of Virtual Products. Compatibility with future versions of PRESTASHOP is not guaranteed. Unless otherwise stated in the modules themselves, the license for each module to download it and its updates is only offered for nine hundred days (900) from the date of purchase. Beyond this date, the Customer must acquire a new license.
The Site can be consulted from all countries without the content being available for the countries in question. the company has no obligation to include this information and does not guarantee that the virtual and physical Products are suitable for countries other than those for which they were designed.
Article 7: Delivery time
A delivery deadline will be communicated to the Customer before the validation of his order, taking into account the choice of the desired carrier. The applicable delivery times are those indicated during the validation of the order. However, any order paid by bank transfer will only be processed upon receipt of said transfer. Shipping times must be recalculated from the date of registration of this payment method.
Virtual Products can be downloaded from the Site upon receipt and validation of the order. The Customer remains aware that downloading his purchases is linked to the constraints of internet use and the company is not responsible for any difficulties in accessing the data it makes available to him.
Unless otherwise stated by the company, the provision of the Services is subject to a period of five (5) working days upon receipt of all the necessary elements. This period may be extended if the intervention of an external actor is necessary, in particular but not exclusively the internet host, the bank or any other service provider of the Client.
Article 8: Withdrawal
Physical or virtual Products and / or Services that may be offered in the context of these to consumers, the Customer is informed, if necessary, and this in accordance with the provisions in force of consumer law, that he has '' a right of withdrawal that he may exercise within seven (7) days of acceptance of the Contract. In this case, the Customer will not have to justify reasons, or pay penalties, with the exception of any return costs in the event of the sale of physical Products.
However, the Customer will not benefit from this right of withdrawal in the event that the execution of the supply of products or services began before the end of the aforementioned period of seven (7) days. In particular, the purchases of Virtual Products being, by their nature firm and final, they cannot give rise to exchange, reimbursement or the exercise of a right of withdrawal. However, the company undertakes to reimburse or exchange damaged virtual products, including hidden defects or which do not correspond to the description offered on the Site.
Also excluded from the right of withdrawal are audio or video recordings as well as computer software when they have been unsealed by the Client, as well as Physical Products made up to the Client's specifications or clearly personalized.
The Customer who has exercised his right of withdrawal for a physical Product must return it, in its original packaging and in good condition, to the address given to him by the company.
Article 9: Refund
The reimbursement of the products referred to in Article 8 of these is made within a maximum period of 30 days following the date on which the right was exercised.
The reimbursement is made on the company's proposal by credit to the Customer's bank account or by bank transfer addressed to the name of the customer who placed the order.
If the reimbursement occurs in the form of a reduction voucher to be used on a future order, it has a validity period of 1 year (one year). Beyond this period, the reduction voucher will be canceled.
Article 10: Obligation to advise
The purchase of virtual and physical products can be done entirely automatically without any action on the part of the company. the company therefore fulfills its obligation to advise:
through commercial support by email and telephone at the number and address indicated on the Site.
by the presence on the Site of a detailed description of the virtual or physical Product and, where applicable, of the necessary configuration required for its use.
Article 11: Dispute resolution
These Terms are subject to French law.
The Parties will endeavor to resolve any dispute relating to the services of the company covered by the CGU amicably.
Article 12: Hacking
In case of abuse, the user will be liable for the costs incurred by the counter notification.
Article 13: Personal data
Customer information and data are necessary for the company for order management and commercial relations. They can be transmitted to the companies which contribute to the processing of the order, in particular for online payment. This information is also kept for security purposes and to better personalize the offers made to the Customer. Under the law relating to computers, files and freedoms of January 6, 1978 as amended, the Customer has a right of access, rectification and deletion of the information concerning him collected by the company within the framework of his activity.
The Customer can choose when creating or consulting his account to receive offers from the company or partner companies. The Customer can change their preferences at any time on the "personal information" page of their customer account.
The Site implements an automatic process to place a cookie on the Customer's computer allowing the recording of information regarding the navigation of his computer on the Site. The Customer can nevertheless oppose the registration of "cookies" by configuring their internet browser to this effect.
Finally, the Customer acknowledges that the company may be required, in accordance with its legal obligations, to reveal personal data concerning him within the framework of legal procedures (legal requisitions, etc.).
Article 14: Force majeure
given the current technology, the company undertakes to maintain the services offered on the Site in the best possible conditions. However, it cannot be held responsible in the event of an interruption of the Site attributable to a case of force majeure, due to a third party, a Customer, as well as to the hazards arising from the technique.
The company's responsibility cannot therefore be retained in the event of a breach of its contractual obligations due to unforeseeable, irresistible circumstances beyond the control of the parties.
The Parties accept, without this list being restrictive, conventionally, between them, that emerge, in particular either from force majeure, or fortuitous event, or because of a third party, the damage finding their origins or their causes in: natural disasters, fires, floods, lightning, electrical surges, strikes, power outages, telecommunications network failures, civil or foreign wars, riots or popular movements, attacks, regulatory restrictions linked to the provision of telecommunications services, the loss of connectivity and connection due to the public and private operators on which the company depends.
These cases of force majeure suspend the obligations of the company cited in the CGU, and this for the entire duration of their existence. However, if a case of force majeure lasted more than three (3) months, either of the Parties would be justified in terminating their relations, after sending a registered letter with notice. of reception, expressing this decision.
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