These GTC were last updated on 1 February 2024.
GENERAL TERMS AND CONDITIONS OF SALE – STORE.PRESTATILL.COM
Preamble
PrestaTill SAS is a company that develops and markets modules designed to operate within the PrestaShop environment (https://www.prestashop.com). These General Terms and Conditions of Sale (hereinafter "GTC") apply exclusively to these modules (hereinafter "Modules") and not to those available on the official PrestaShop Marketplace accessible at https://addons.prestashop.com.
The purpose of these GTC is to define the rights and obligations applicable to Clients who purchase Modules or Services (as defined below) sold by Prestatill. They are addressed to professionals acting exclusively for purposes falling within the scope of their professional activity (B2B). It is expressly recalled that a sale made in this context grants the Client no right of withdrawal.
1. Definitions
- Catalogue: refers to the catalogue of Modules or Services offered by Prestatill.
- General Terms and Conditions of Sale (GTC): refers to these general terms and conditions.
- Client: refers to any natural or legal person wishing to acquire, in the course of their professional activity, one or more Modules and/or Services.
- Client Account: refers to the private area made available to the Client to enable them to download a purchased Module, view their personal information and purchase history, payments, invoices, and support requests.
- Modules: refers to the tools created by Prestatill designed to add one or more features to PrestaShop.
- Third-Party Modules: refers to tools created by service providers other than Prestatill, designed to add one or more features to PrestaShop.
- Packs: refers to the purchase of several Modules sold together and identified as such.
- Party/Parties: refers to PrestaTill SAS and/or the Client.
- Prestatill: refers to PrestaTill SAS, a simplified joint-stock company with a share capital of €12,000, registered office located in France at 39 rue de l'Europe, Souffelweyersheim, registered with the Strasbourg Commercial Court under number B 827 512 096.
- Prestatill Store: refers to the platform for marketing and downloading Modules included in the Catalogue, accessible at: https://store.prestatill.com/
- After-Sales Service (ASS): service provided by Prestatill to Clients who have purchased one of its Modules, consisting of free or paid services, and minor and major Updates.
- Services: refers to the paid or free installation and configuration services (excluding parameterisation), or Module Update services offered by Prestatill.
- PrestaShop: refers to the open-source solution published by www.prestashop.com, freely downloadable from its website.
2. Acceptance of the General Terms and Conditions
Use of Prestatill Store is subject to these GTC, which Prestatill reserves the right to modify at any time. Modifications take effect upon their publication on the Prestatill Store website. By ticking the box "I have read and accepted the general terms and conditions. I have read and accepted the privacy policy" when creating an account or upon any update, the Client is deemed to have read and accepted these GTC. Failure to tick this box renders account creation impossible and invalid. The Client is informed that the use of Prestatill Store is exclusively reserved for professionals with full legal capacity. The Client declares to hold such status.
3. Availability of Prestatill Store
Prestatill will use its best efforts to make Module downloads available 24/7, without interruptions other than those required for maintenance. However, Prestatill provides no specific guarantee regarding the uninterrupted operation of Prestatill Store or the Client Account.
4. Access to Prestatill Store
The Client may consult Module features on Prestatill Store. For further information, the Client may contact Prestatill at https://store.prestatill.com/nous-contacter.
The purchase and download of Modules requires the prior creation of an account. Creating such an account is free of charge and does not entail any purchase obligation. The Client is solely responsible for maintaining the confidentiality of their login credentials. Prestatill accepts no liability for the use of Prestatill Store by any unauthorised person using the Client's credentials.
5. Payment
A Client wishing to download a Module clicks "Add to cart." Prices are displayed in euros and are exclusive of tax. The Client places their order by clicking "Order" and may settle the price using the payment methods available on Prestatill Store. The Client may only download ordered Modules after effective payment. Rejection of payment automatically cancels the order. Prestatill reserves the right to block a payment for legal verification purposes, including anti-money laundering. The POS module subscription is non-binding but has a minimum duration of 30 days from the subscription date. The Client must cancel automatic renewal via their client account no later than the day before the renewal date; otherwise, a new 30-day period commences and will be due.
6. Services
Additional Services may be offered at the time of a Module purchase. Technical support and module updates are provided as follows:
- for the POS module: for as long as the subscription remains active*
- for all other modules: for 12 months from the date of purchase
*Regarding the POS module subscription specifically:
- it is non-binding (any month started is a month due)
- support and updates are included for the duration of the subscription
- the module ceases to function upon cancellation of the subscription
7. Technical Support
Technical support requests must be submitted via the ticket management system at https://store.prestatill.com/tech/support-technique. Support is provided Monday to Friday (excluding public holidays) from 9:00 AM to 12:00 PM and 2:00 PM to 5:00 PM. Blocking bugs must be corrected within 15 days; Prestatill will use its best efforts to resolve blocking bugs within 48 working hours, and non-blocking bugs within 30 working days.
8. Complaints
Any complaint must be submitted within 90 days of downloading the Module at https://store.prestatill.com/nous-contacter.
9. Right of Withdrawal
As a professional, the Client does not have the right of withdrawal available solely to consumers under the Consumer Code.
10. Intellectual Property
Prestatill holds all intellectual property rights relating to Prestatill Store. These GTC do not constitute any transfer of ownership. The Client benefits solely from a non-exclusive, personal, non-transferable licence to use the downloaded Modules worldwide. The Client may not distribute, licence, or exploit the Modules for any purpose other than use within their PrestaShop store. Payment for a Module covers a single installation on one PrestaShop store. Multi-Store users must obtain additional licences by contacting Prestatill at https://store.prestatill.com/nous-contacter. Breach of the licence may result in its termination, account deletion, or refusal of future downloads. Upon termination or reimbursement, the Client must immediately cease using and delete the Module.
11. Personal Data
Prestatill undertakes to comply with applicable personal data protection legislation, including the French "Informatique et Libertés" Act and the GDPR. For more information, consult the CNIL at https://www.cnil.fr/fr/reglement-europeen-protection-donnees.
12. Liability
Prestatill shall not be liable for direct or indirect damages related to Third-Party Modules or third-party services. Prestatill's liability shall in no case exceed the unit price excluding tax of the Module or Service concerned, except in cases of fraud or gross negligence.
Prestatill's liability is excluded in particular for:
- Use of a Module not downloaded from Prestatill Store or not effectively paid for;
- Download malfunctions related to the Client's equipment or internet connection;
- Prestatill Store maintenance-related malfunctions;
- Download of a counterfeit Module or one contrary to local legislation;
- Client modification of the Module without the rights holder's consent;
- Failure to use the latest version of the Module;
- Failure to provide information necessary for resolving difficulties;
- Data entry errors in the Client's Account.
13. Force Majeure
Prestatill may suspend Prestatill Store in the event of force majeure, including: legislative changes, fires, storms, floods, strikes, illness, power surges, IT equipment failures, network disruptions, viruses, hacking, and any unforeseeable event beyond Prestatill's control.
14. Evidence Agreement
Information in the Client Account and correspondence via the ticket system shall be considered as having evidentiary value between the Parties. The Client acknowledges the evidentiary value of the download count system and account information.
15. Applicable Law – Competent Courts
These GTC are governed exclusively by French law. Any dispute shall be subject to prior mediation; in the event of failure, the dispute shall be submitted to the exclusive jurisdiction of the Commercial Court of Strasbourg.
16. Independence of the Parties
The Parties remain independent from one another. These GTC do not create any partnership, mandate, representation, or subordination.
16. Use of Modules
Modules are intended for the Client's exclusive internal use. The Client subscribes to:
- for the POS module: 1 licence per physical point of sale (unlimited users)
- for all other modules: 1 licence per PrestaShop store installation
The Client must ensure only authorised users have access to Prestatill modules. All documentation, data, and graphical elements provided by Prestatill remain its exclusive property. The Client may not reproduce or exploit them without prior written consent.