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General terms and conditions for the PrestaShop Solution, Classic offer
General terms and conditions of use updated on January 17, 2024.
PrestaShop has designed and published open-source software, distributed under open license (Open Software License OSL-3.0), that enables Users to create e-commerce websites.
This software, called ‘PrestaShop, Classic offer’, can be downloaded from the website www.prestashop.com.
It enables users to create and customize their e-commerce website and adds free or paid features that have been developed through open-source software by the PrestaShop community and are already built-in or can be found on the PrestaShop marketplace.
Use of the services is exclusively reserved for professionals as defined in French consumer law.
These general terms and conditions (“T&Cs”) define the rights and obligations of PrestaShop and PrestaShop, Classic offer users. Together with the Personal Data Protection Policy and the “prestashop.com” General Terms and Conditions of Use, they form the entire Terms and Conditions of Use.
PrestaShop reserves the right to modify these T&Cs at any time. When that occurs, the modifications will take effect fifteen (15) days after they are published on the prestashop.com website.
All users are encouraged to regularly consult these T&Cs.
CONTENTS
1. Definitions
2. Acceptance of T&Cs
3. Download PrestaShop, Classic offer
4. Purpose of the Solution and customization of the Merchant Website
5. Commitments of the User
6. Liability
7. Intellectual property
8. Personal data
9. Applicable law – Jurisdiction
1.Definitions
Addons: refers to the Modules and Themes referenced and marketed in the Addons Catalog.
Back-office: refers to the interface through which Merchants or Technical Service Providers acting on behalf of a Merchant can administer and configure their Merchant Site and, in particular, add Addons to it.
General Terms and Conditions of Use or T&Cs: refers to the present general terms and conditions, including any appendices and modifications.
Connectors: refers to the interface used to access third-party services offered by Official Partners.
Merchant: refers to any individual or legal entity acting in a professional capacity and operating a Merchant Site.
PrestaShop Marketplace: refers to the platform referencing all the Addons in the Addons Catalogue, accessible at https://addons.prestashop.com (or any URL that may be substituted for it).
Modules: refers to software developments carried out by PrestaShop or by a Seller with the aim of adding one or more functionalities to Merchant Websites, whether pre-installed or downloadable from the Addons website.
Official Partner: refers to the commercial partner who has developed, in partnership with PrestaShop, a Connector or Module to which the User has access by subscribing to a PrestaShop Service.
PrestaShop: refers to the limited liability company with capital of 430 645,65 euros, whose registered office is located at 198 Avenue de France, 75013 Paris, France, registered with the Paris Trade and Companies Register under number B 497 916 635.
Technical service provider: refers to any individual or legal entity acting in a professional capacity on behalf of a Merchant operating or wishing to operate a Merchant Website or on behalf of a “Seller” for the development of a Module.
Services: refers to the service(s) presented in these General Terms and Conditions of Use.
Merchant Website: refers to the e-commerce website created by the Merchant using the PrestaShop, Classic offer.
PrestaShop, Classic offer or Solution: refers to the software published by PrestaShop and downloadable from the www.prestashop.com website, enabling the creation, administration and operation of a Merchant Website.
Themes: refers to software developments carried out by PrestaShop or by a Seller that enable the graphic customization of Merchant Websites.
User(s): refers to Merchants, Technical Service Providers acting on behalf of a Merchant or Sellers using the Services covered by these General Terms and Conditions.
Seller: refers to any natural or legal person, professional, other than PrestaShop, who has developed one or more Addons referenced on PrestaShop Addons and accessible from the Catalog.
2. Acceptance of T&Cs
Downloading the PrestaShop, Classic offer is subject to full and unreserved acceptance of these T&Cs and the Privacy Policy.
As professionals acting within the scope of their commercial, industrial, artisanal or liberal activity, Users expressly acknowledge they do not have right of withdrawal available to consumers as defined by the French Consumer Code.
3. Download PrestaShop, Classic offer
Downloading the PrestaShop, Classic offer is free of charge and requires the provision of an email address in accordance with the procedure provided for this purpose on the prestashop.com website.
PrestaShop is subject to a best-efforts obligation with respect to the provision of the PrestaShop, Classic offer. In this respect, PrestaShop will use its best efforts to make it possible for the User to download the Solution 24 hours a day, 7 days a week, without interruptions other than those required for curative or evolutionary maintenance of the Solution.
PrestaShop declines all responsibility and shall have no obligation to pay compensation in the event of non-functioning or malfunctioning of the Solution due to lack of Internet connectivity or inadequacy of the User’s equipment.
Key info
Downloading PrestaShop, Classic offer is free of charge and requires the transmission of a valid e-mail address. PrestaShop declines all responsibility in case of inadequacy of the User’s hardware or malfunction of his Internet connection.
4. Purpose of the Solution and customization of the Merchant Website
The purpose of the PrestaShop, Classic offer is exclusively technical. It is a right of use for the whole world allowing Users to create one or more Merchant Websites for their e-commerce activity.
This Merchant Website can be customized through the installation of Modules and Themes accessible from the PrestaShop Marketplace at http://addons.prestashop.com.
Some PrestaShop Official Partners identified as such on the PrestaShop Marketplace offer third-party services that can be used by the User (the “Connectors“).
The User may purchase technical support on the PrestaShop Marketplace, which is not included in the Solution.
Key info
The User benefits from a worldwide license to use the Solution.
The Solution is technical in nature and enables the creation of a Merchant Website.
Addons and Connectors can be added from the PrestaShop Marketplace. It is also possible to purchase a technical support service, not included in the Solution.
5. Users Commitments
Users are responsible for the commercial, logistical, marketing and financial management of their Merchant Websites, to which PrestaShop is not party, and for the commercial relations maintained with their customers.
Users may stop using the Solution at any time. Users acknowledge that the cessation of activity of a Merchant Website must be accompanied by steps taken with regard to their customers and any services in progress.
5.1 Compliance with regulations, public order and morality
Users undertake to operate their Merchant Website created using the Solution in compliance with public order and morality.
They undertake to comply with the regulations applicable to their Merchant Website and to their customers and users and, where applicable, to comply with the provisions governing relations between professionals and consumers.
In this respect, Users are solely responsible for ensuring that their Merchant Website complies with applicable regulations.
They also undertake to inform PrestaShop immediately in the event of :
- any act of infringement of the Solution, or likely to be qualified as such,
- any loss or destruction of data on the Merchant Website, and
- any malfunction, even non-blocking, of the Solution.
Key info
Users undertake to comply with the regulations in force and with good morals in the operation of their Merchant Site.
Users shall notify PrestaShop of any act of infringement or malfunction.
5.2 Merchant Website content and the fight against counterfeiting
Users assume full responsibility for the content of their Merchant Website. In this respect, PrestaShop declines all responsibility for the content of the Merchant Website.
With the overall aim of combating counterfeiting on the Internet, Users undertake to ensure that the products marketed on their Merchant Website comply with applicable legislation, not to infringe the rights of third parties, in particular copyright and trademark rights, and not to market infringing digital content or sell infringing goods. They further declare that they are not the subject of any infringement action.
PrestaShop shall not be held liable in the event that a User sells counterfeit goods.
Key info
Users are solely responsible for the content of their Merchant Website. They undertake not to sell counterfeit products and declares that they are not the subject of any counterfeiting action.
PrestaShop declines all responsibility in the event of the sale of counterfeit products by Users.
5.3. Confidentiality of access
Finally, Users undertake to ensure the confidentiality of their user name and associated access code to enable them to access the Back-Office. Any connection using the User’s login and password is deemed to have been made by the User.
Key info
Users undertake to ensure the confidentiality of their login and password for access to their Back-office. All connections are deemed to have been made by the User.
6. Liability
Users are responsible for installing and configuring Modules, Themes and Connectors.
Users are solely responsible for the security of their Merchant Website and therefore undertakes to be vigilant and to take all necessary measures to protect their Merchant Website, and in particular to regularly update Connectors, Modules and Themes in order to maintain their functionality and reduce the risk of security breaches.
PrestaShop makes no representations or warranties with respect to :
- the suitability of the Merchant Website for the User’s needs,
- the referencing of the Merchant Website on search engines,
- the number of visits to the Merchant Website,
- the commercial profitability of the Merchant Website,
- the absence of malfunctions and anomalies on the Merchant Website.
PrestaShop shall in no event be liable for any direct and/or indirect damages related to third-party services offered by Official Partners.
Users assume full responsibility for any damage that may result from the use of the Solution and their Merchant Website. They are the ones responsible for all operations carried out by themselves or by a third party they may have commissioned in connection with the use of the Solution.
As a reminder, PrestaShop is not a party to sales or service contracts concluded between Users and their customers on its Merchant Website.
PrestaShop does not intervene in the contractual relations between Users and their Merchant Site customers. Consequently, PrestaShop shall not be involved in any commercial dispute that may arise between the User and its customers.
Except in the case of fraud or gross negligence, PrestaShop shall not be liable for any direct or indirect loss or damage of any kind whatsoever.
Key info
PrestaShop disclaims all liability related to the installation and use of the Solution and Modules.
Users are solely responsible for the security of their Merchant Website and their commercial operation. In this respect, PrestaShop is not responsible for the relationship between Merchant and their customers.
7. Intellectual property
7.1 No assignment of intellectual property rights
Use of the Solution does not transfer ownership of intellectual property rights to the User. The User is simply granted a license to use the Solution.
The User agrees not to infringe in any way whatsoever the intellectual property rights held by PrestaShop or one of its partners, in particular relating to texts, photos, videos, data, posters, logos, trademarks and other elements reproduced on the prestashop.com website.
Modules, Themes and Connectors developed by PrestaShop or its Sellers or Official Partners are the exclusive property of the latter.
A simple right of use limited to the use of a single Merchant Website for the entire legal duration of the copyright and for the entire world as of the order of the Module or Theme concerned or the downloading of the Connector is granted, in accordance with the General Conditions of Use of the PrestaShop Marketplace accessible on the website https://addons.prestashop.com.
These Connectors are pre-installed in the Solution and accessible from the Merchant Website Back-Office.
Key info
Users benefit from a simple license to use the Solution, and these T&Cs do not transfer PrestaShop’s intellectual property rights. Users agree not to infringe these rights.
Users undertake to respect the intellectual property rights of the Addons and Connectors. They benefit from a right of use of the latter for a single Merchant Website.
7.2 Prohibition on the use of the PrestaShop trademark in the domain name of the Merchant Website
The use of the PrestaShop trademark in the User’s domain name is strictly prohibited. Users therefore undertake not to use the PrestaShop trademark in the domain name and URL of their Merchant Website.
Any Merchant Website containing the PrestaShop trademark in its domain name may be subject to legal action.
Key info
Use of the PrestaShop trademark in the domain name of your Merchant Website is strictly forbidden. Any use to the contrary may give rise to legal proceedings.
7.3 Commercial reference
All texts, photos, videos, data, logos, trademarks and other elements reproduced on PrestaShop websites are reserved and protected by intellectual property rights, in particular copyright, rights related to copyright, trademark rights and by legislation relating to the protection of databases.
Consequently, no exploitation, distribution, reproduction or other use of these elements, even partial, may be made without the express prior authorization of PrestaShop.
Nevertheless, Users may cite PrestaShop as a commercial reference.
Reciprocally, PrestaShop is authorized to cite Users and their product trademarks as a commercial reference.
Each party expressly undertakes not to damage the image or reputation of the other party.
Key info
PrestaShop remains the owner of all trademarks and logos appearing on the prestashop.com website. You are not authorized to use them, in particular in communications or advertising, except for purely commercial references.
The parties agree not to damage each other’s image or reputation.
8. Personal data
PrestaShop respects and protects Users’ personal data in accordance with the following principles
Personal data privacy policy.
Users acknowledge that they must comply with the legislation relating to the protection of personal data and the sending of emails and spamming, in particular Law n°78-17 of January 6, 1978 known as “Informatique et Libertés” and its amendments as well as European Regulation 2016/679 on the protection of personal data (the “RGPD”).
In this respect, Users undertake, in particular, to:
- inform customers about the use of their personal data,
- inform their customers of the use of cookies or other tracking devices and to obtain, if necessary, their consent,
- implement the necessary technical and organizational data protection measures.
For more information about the obligations imposed by the RGPD, the User is invited to read this text available here.
9. Applicable law – Jurisdiction
These T&Cs are governed by French law.
Any dispute arising from the interpretation or execution of these T&Cs shall be submitted, prior to any legal proceedings, to mediation by a mediator appointed by the most diligent party. If mediation is unsuccessful, the dispute will be submitted to the exclusive jurisdiction of the Paris Commercial Court.