Preamble

These general Terms and Conditions of Sale (hereinafter the "Terms") detail all provisions relating to products and services offered on the website Storecommander.com (hereinafter the "Site").

The Terms are available online on the Site. The customer declares to have read and accepted the purchase of products and use services offered by the company carrying MISE EN PROD acceptance and adherence unconditional and express the client to these Terms and, where appropriate, existing contractual documents supplementing or amending these Terms.

Article 1: Definitions

Client: The person or entity having full legal capacity with the purchase of the Product or the use of the Services offered by the company MISE EN PROD and / or person (s) fitness (s) user (s) of these products and Services under the responsibility of the customer. Specific conditions apply to service companies and partners, in particular regardong the use of SC Unlimited multistore. Please refer to the license agreement terms of use.

Agreement: These Terms and all contractual documents supplementing and / or amending these (conditions of sale, purchase orders, ...).

Services: means individually or services such as including but not limited to the installation of modules, support, product certification (s), auditing and consulting.

Physical product means any kind of material good that can be offered to the Customer by the company as part of its business.

Virtual Product: any product not material that could be offered to the Customer by the Company or its Partners, including, without limitation, modules, graphic themes, videos, logos, templates, ebooks ...

Partner: natural or legal person offering products through the company.

Company: MISE EN PROD SARL, whose headquarters are at 8 rue Evariste Galois 86130 Futuroscope France.

Article 2: Purpose

The Terms and Conditions of Sale (thereafter "TCS") are intended to define the terms and conditions of supply of products and services offered by the company and / or its partners' products include the Client to enable it to publish, display and market their own products on the Internet and for the possibility of a payment via the Internet or another payment channel. The TCS also determine the terms and conditions of supply of products to the company by its Partners.

Article 3: Online sales

Mise En Prod is an online store, offering services, products, physical and virtual products developed by the company or its partners.

Article 3.1: Order Processing

The Client declares to have read and accepted these Terms before placing an order. The confirmation of the order implies acceptance of these Terms. Unless proved otherwise, the data recorded by the company is proof of all transactions with the Customer.

Customer must verify the completeness and compliance information provided to the company during the order, including billing address. The company can not be held responsible for any data entry errors and consequences.

 

Mise En Prod reserves the right to cancel immediately without any notice any order placed by a merchant or its representative owing an online store which vehiculates either injurious, zenophobic, revisionnary, diffamatory, pornographic or sexist messages or images, encouraging hatred, violence or in general any subject that may be held unlawful or contrary to humanist values.

Article 3.2: Payment

A customer may make payment of its purchases by credit card, PayPal account or bank wire transfer.

Transfers should be sent to the account that appeared at the checkout. The company's bank account is domiciled in France and all costs incurred by the transfer are borne by the Customer.

Beyond ten (10) business days after placing the order without receiving a transfer of an amount equal to the total order, the company may cancel the whole transaction. The company reserves the right to block a transaction time to anti-fraud checks.

Article 4: Limitation of Warranty

Article 4.1: Website

Unless legal provisions are in force, the Site and the features offered by it are provided as it is without warranty.

The company assumes no liability in case of downloading computer viruses or similar code from the Site.

Third parties who can speak on the Site are not spokespersons for the company and their views do not necessarily reflect the opinions of the company.

The company assumes no liability for lost or stolen password, ID, or account information by the user through the Site. It also assumes no responsibility for any loss of content or data, or damage related to the use of identifiers by a third person.

The company assumes no responsibility regarding the misuse, loss, theft, modification or unavailability of any content of its Partners, including without limitation banks pictures, external resources, modules, videos, and the consequences that might ensue.

Article 4.2: Online sales

Except for its obligations as vendor (implied warranty and guarantee of product compliance) or under any other provision of law in force, the company assumes no responsibility for the products provided by its Partners in case of malfunction of the Product of a partner, the latter shall remain fully responsible for the changes requested by the Customer.

The company assumes no liability in case of downloading computer viruses or similar code from Virtual Products ordered on the site.

The company assumes no liability for loss or theft of user data, or all types of damage during use of the Products ordered on the virtual site.

The company assumes no liability for malfunction related to a service operated on the Site including but not limited to, installation of shops and modules, research and bug fixes, specific developments.

Unless otherwise stated, installation, support and updates are not included with the purchase of virtual products. Compatibility with future versions of MISE EN PROD is not assured.

The site can be accessed from all countries although content in the target language may not be 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 tailored to countries other than those for which they were designed.

Article 5: Delivery

A deadline for delivery of the products or services purchased will be communicated to the Customer prior to confirming the order. Delivery times apply are those specified in the order validation. However, any orders paid by bank transfer will be processed upon receipt of such transfer. Shipping time should be recalculated from the date of registration of such settlements.

Products are downloadable on the virtual site on receipt and confirmation of payment. The Customer is aware that the download of its purchases is related to the constraints of Internet use and the company is not responsible for any difficulties accessing the data it makes available.

Unless otherwise stated by the company, the performance of the Services is subject to a period of five (5) working days from receipt of all necessary items. This period may be extended if the intervention of an outside actor is necessary, including but not limited to the host Internet, bank or other provider of Customer.

Mise En Prod reserves the right to cancel immediately without any notice any order placed by a merchant or its representative owing an online store which vehiculates either injurious, zenophobic, revisionnary, diffamatory, pornographic or sexist messages or images, encouraging hatred, violence or in general any subject that may be held unlawful or contrary to humanist values.

Article 6: Withdrawal

Product physical or virtual, and / or services may be offered as part of this to consumers. The Customer is informed, where appropriate, in accordance with current rules of consumer law, it has a right of withdrawal he can exercise within seven (7) days of acceptance of the Contract. In this case, the Customer will not give any reasons or incurring penalties, except for any costs of return in case of 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 goods or services started before the end of that period of seven (7) days. In particular, purchases of virtual products are inherently firm and definitive, they may not give rise to exchange, redemption or exercise of a right of withdrawal. However, the company will refund or exchange virtual goods damaged, including latent defects or does not match the description given on the Site.

Also excluded from the right to withdraw are audio or video recordings and computer software when they have been unsealed by the Customer, as well as physical products manufactured according to customer specifications or clearly customized.

A Customer who has exercised his right of withdrawal for a physical product should return it in its original packaging and in good condition, at which will be indicated by the company.

Article 7: Reimbursement

Reimbursement of products covered by Article 6 of these Terms shall be made within a maximum period of 30 days from the date on which the right has been exercised.

Repayment is on a proposal from the company by crediting the Customer's bank account or by bank transfer addressed to the customer who placed the order.

Article 8: Duty of council

The purchase of virtual and physical products can be done fully automatically without action by the company. The company fulfills its obligation to counsel:

• Through commercial support via email and online support to appear on the site.

• By the presence on the site of a detailed description of the virtual or physical product and, where appropriate, the necessary configuration required for its use.

Article 9: Dispute resolution

These Terms are governed by French law.

The Parties shall endeavor to resolve any dispute relating to the services of the business amicably. In case of disagreement, the dispute fall within the exclusive jurisdiction of the Courts of Poitiers (France).

Article 10: Hacking

Any user of the site has the duty to report any breach of license or improper use of products offered by the virtual enterprise.

In case of copyright infringement by a product offered for sale on the site by the company, a notice must be given in that email the company sent to the following address: info(at)Store Commander(dot)com. In case of abuse, the user will be liable for charges incurred by the cons-notification.

Article 11: Privacy

Information and customer data are required for the company to order management and trade relations. They can be sent to companies that contribute to processing the order, including online payment. This information is also stored for security purposes and to better customize the offers made to Customer. Under the law relating to data, files and freedoms of January 6, 1978, the Customer has a right to access, rectify and delete information collected about the company through its activity. These rights may be exercised directly on the site or by sending a letter to the company: MISE EN PROD - Privacy Complaint Service, Téléport 1, 2 avenue Galilée, BP 30153, 86961 Chasseneuil Futuroscope Cedex (France).

A Customer can choose when creating or consulting his account to receive offers from the company or partner companies. The Customer may at any time change their preferences on the "personal information" from his account.

The site implements an automatic process for a cookie to the Customer's computer to record information about your computer's navigation on the site. Customer may nevertheless oppose the registration of cookies by configuring their browser to that effect.

Finally, the Customer acknowledges that the company may have, in accordance with its legal obligations to disclose personal data in connection with legal procedures (legal requisitions, etc).

Article 12: Force Majeure

The company is committed in view of the current technique to maintain in the best possible conditions the services offered on the Site. However, it can not be held liable for any interruption of the Website due to circumstances of force majeure due to a third party of a customer, as well as uncertainties arising from the technique.

The corporate responsibility can not be retained in case of breach of contractual obligations due to unforeseen circumstances, compelling and beyond the control of the parties.

The Parties acknowledge, but not limited to, conventionally, between them, as indicated, including either force majeure or fortuitous event, or because a third party, the damage which their origins or their causes in: natural disasters, fires, floods, lightning, power surges, strikes, stoppages of electricity supply, the failure of the telecommunications network, civil or foreign wars, riots or civil commotion, terrorist attacks, regulatory restrictions related to the provision of telecommunications services, loss of connectivity and connection due to public and private operators whose business depends.

These cases of force majeure shall suspend the obligations of the company listed in the TCS, for the duration of their existence. However, if a force majeure was a period exceeding three (3) months, one or other of the Parties would be entitled to terminate their relationships, and that after sending a registered letter with acknowledgment receipt, expressing the decision.

STORE COMMANDER LICENSE AGREEMENT 


Thank you for acquiring this software (the “Software” hereinafter) designed and developed by Mise En Prod Sarl. This acquisition does not grant you ownership of the Software, only the right to use it under the terms and conditions set out below. By accepting and approving this agreement, you agree unreservedly to abide by the terms and conditions of this License. If, further to the purchase of a downloaded product, purchased online or free of charge, you do not agree with the terms of the agreement, you must decline the product’s installation. Most of the software published by Mise En Prod Sarl includes a free trial version (online demos, examples of the software’s capabilities or free, limited versions), freely downloadable from the https://www.storecomman
der.com website, that allows users to check the Software’s compatibility with  their needs and computer system. If, in the case of the sale of a downloadable product, the Software includes a free or trial version as set out above, and the License agreement has been accepted, the Software shall be deemed to have been irrevocably purchased with no possibility of refund and the terms and conditions of the License agreement will be binding.

The rights of the Licensee regarding the Software are set out in this License agreement, except for those that are not expressly granted herein.

I – EXTENT OF THE LICENSE

 

Except where otherwise set out expressly by Mise En Prod Sarl, the License to use the Software is valid only for a single website and a single domain name. Special conditions apply to service companies and partners of Mise En Prod Sarl. By no means can a service company or partner use SC Unlimited multistores license to manage several stores belonging to different clients they handle. One SC Unlimited license has to be uses exclusively for a single client having multistores. Any fraudulent use or contrary to the current license agreement terms shall lead to the immediate cancellation of the license key with no right to any claims for damages whatsoever.

 

The physical transfer of the Software from the web server to a local version on the client’s workstation is authorized for one machine only. This transfer creates a backup copy and must be carried out according to the terms of Article III hereunder. Mise En Prod Sarl has the right to automatically revoke this License without prior notice and without compensation if payment for the License were to be refused or canceled by the Licensee or any banking organization. The user may not copy the Software’s documentation, which is protected by copyright.

 
Any use not provided for under the previous paragraph is prohibited. Furthermore, the following are prohibited without prior written authorization from
Mise En Prod Sarl, including but not limited to :

  - Distributing, transferring, renting, selling, leasing, sub-licensing, giving or issuing all or part of the Software to a third party in any way whatsoever;

  - Altering, adapting, creating derivative works of, inserting into another software, translating or modifying in any way whatsoever all or part of the Software;

  - Making copies of all or part of the Software (other than the backup copy per the terms set out in Article III).

IT IS SPECIFICALLY STIPULATED THAT PLACING ALL OR PART OF THE SOFTWARE AT THE PUBLIC’S DISPOSAL VIA INTERNET OR ANY OTHER ELECTRICAL OR ELECTRONIC COMMUNICATION SYSTEM WITHOUT THE PRIOR, WRITTEN CONSENT OF MISE EN PROD SARL IS STRICTLY PROHIBITED.

II – LICENSE REGISTRATION AND MANAGEMENT TECHNOLOGY

 

The Software may contain license registration and management technology. The technology is normally employed during the Software’s launch or use. It provides management features for the remotely accessible services linked to the License number. The end-user acknowledges that this technology uses a secure communications link between the user and Mise En Prod Sarl via Internet, or any other technology that may become available in the future, and that information retrieved on the end-user’s machine(s) on which the Software is installed aimed at identifying the said machine(s) may be transmitted to Mise En Prod Sarl.

Mise En Prod Sarl, for monitoring and statistical purposes, may analyze the information uploaded using this technology to the license registration and management server. In the event of any suspected fraud regarding the License number, Mise En Prod Sarl will be able to automatically revoke this License without prior notice and without paying compensation to the Licensee. A further analysis may be carried out of the logs detailing the Software’s connections to the information system , in particular details of the IP numbers used by the Licensee for connection, and  may be passed on to the relevant authorities for investigation.

III – BACKUP COPIES 

 

If you purchase online, you are allowed, in addition t