GENERAL TERMS AND CONDITIONS OF SALE - NOVEMBER 2024
The website www.wp-deployer.io is a specialized catalog e-commerce space.
This site is published and operated by the société par actions simplifiée EA LAB, headquartered at 32 rue de Cambrai, 75019 PARIS, registered with the PARIS Trade and Companies Register under number 512 311 333.
1. Definitions.
Customer(s) : Any natural or legal person wishing to benefit from the services of the EA LAB company.
Contract: Refers to the online order, validated by the Customer, including the items ordered, the qualities, the prices, the bank payment or SEPA mandate if applicable and these general terms and conditions of sale.
Personal data: refers to personal data within the meaning of European regulations and, in particular in France, of the amended French Data Protection Act no. 78-17 of January 6, 1978, which the Customer enters, fills in or transmits as part of his or her use of the Product.
Extension module: refers to the WP DEPLOYER plug-in, an extension of the WORDPRESS content management system.
Update:Refers to improvements made to existing standard application services accessible under the Service, and decided unilaterally by WP DEPLOYER, with regard to functional developments and provided that such adaptations or developments do not make it necessary to rewrite a substantial part of the existing standard application services. Updates also include the correction of any Service anomalies. Updates are provided in execution of Support.
Parties: refers to EA LAB and the Customer.
Technical Prerequisites: Refers to the latest version of the list of characteristics of computer hardware and devices recommended by WP DEPLOYER and suitable for use with the add-on modules to be implemented and complied with by the Customer. It is the Customer's responsibility to manage the use of WordPress to ensure the evolution of its computing devices and hardware in accordance with the evolution of the Technical Prerequisites.
Products: means the Products as presented in article 6 hereof.
Provision: means Support and Updates.
Site: www.wp-deployer.io
Support: Refers to support, assistance and/or maintenance services provided by WP DEPLOYER including in particular License support services, evolutionary maintenance of the License provided that such adaptations or evolutions do not make it necessary to rewrite a substantial part of the existing Extension Module.
2. Scope of the general terms and conditions of sale.
The purpose of these general terms and conditions of sale is to determine the technical, legal and financial conditions under which the EA LAB company provides, to its Customers through its website accessible at the address: www.wp-deployer.io, a plug-in for the WORDPRESS semantic personal publishing platform.
3. Acceptance and Opposition of the General Conditions.
The Customer declares to have read, understood and accepted the present General Conditions.
The Customer declares that he/she has the capacity to contract and has the necessary authorizations and delegations to do so.
These General Terms and Conditions of Sale are permanently brought to the Customer's attention on each page at the bottom of each order. They are enforceable against any Customer.
Therefore, any order placed on the www.wp-deployer.io site entails the unreserved acceptance of the General Terms and Conditions of Sale by the Customer, who declares that he has read them, in a legible and comprehensible manner.
It is recommended that the Customer retain and/or print these General Terms and Conditions of Sale. SAS EA LAB may also communicate them to any person who so requests.
It is recommended that the Customer keep and/or print these General Terms and Conditions of Sale
SAS EA LAB reserves the right to modify the General Sales Conditions at any time.
As far as possible, SAS EA LAB notifies changes to the General Terms and Conditions of Sale by means of an announcement on the Site www.wp-deployer.io However, SAS EA LAB recommends that the Customer consult the General Terms and Conditions of Sale regularly and before placing any new order.
The amended General Terms and Conditions will be downloadable and available for consultation by the User at the following URL address: https://wp-deployer.io/fr/cgv/.
Acceptance of the present modified General Terms and Conditions is made according to the process as defined in the Article "Acceptance and enforceability of the General Terms and Conditions".
Use of the Application, after the effective date of the updated Terms and Conditions constitutes acceptance of the updated Terms and Conditions. The updated Terms will take effect as soon as they are published, unless it is specified that their taking effect is postponed to a later date.
The version applicable to a given order is that applicable on the day payment is validated.
Unless expressly stated otherwise, they cancel and replace all exchanges between the parties prior to the order.
Any deviation from these General Terms and Conditions of Sale shall only be enforceable against SAS EA LAB if it has been duly accepted and formalized by a written document signed by SAS EA LAB.
4. Order.
4.1. Creating a customer account requiring a login and password.
To place an order, the Customer may first proceed to create a personal customer account by following the instructions on the site.
The Customer then accesses his Customer Account using his login and password.
The Customer is solely responsible for any use that may be made of his login and password. He is the sole guarantor of their confidentiality. Consequently, SAS EA LAB shall in no event be held liable for any loss or damage resulting from use by an unauthorized third party.
The Customer is solely responsible for any use that may be made of his or her login and password
4.2 How to place an order.
In order to complete the order, the Customer must necessarily follow the following steps:
- Enter the Site address;
- Follow the Site's instructions and, in particular, log in with their login and password if they already have one;
- Select the desired Product;
- Check the order summary and, if necessary, correct any errors;
- Add the promotional code, if applicable;
- Select the chosen payment method;
- Accept these terms and conditions ;
- Validate the order, as well as the total price including VAT ;
- Proceed to payment of the price ;
SAS EA LAB reserves the right to cancel the order in the event of error or omission in the entry of mandatory data.
4.3. Order confirmation.
Any order is worth:
- an acceptance of the prices and descriptions of the products available for sale,
- a request for immediate provision of the service
The Customer will receive an electronic order confirmation including a summary of the order.
The order only becomes firm and definitive after SAS EA LAB has sent this confirmation email. SAS EA LAB recommends that the Customer keep the order confirmation email or print it.
The order becomes firm and definitive only after SAS EA LAB has sent this confirmation email
In certain cases, particularly in the event of non-payment, incorrect address or other problem with the customer's account, SAS EA LAB reserves the right to block the customer's order until the problem is resolved.
The order for products or services will then be cancelled and refunded.
4.4. 30-day money-back guarantee policy.
Our 30-day guarantee allows our customers to test our product and request a refund within 30 days of purchase.
To do so, the Customer must make their express request for a refund within said 30-day period to support by creating a refund request ticket on www.wp-deployer.io.
4.5. Tacit renewal.
The subscription taken out by the Customer will be systematically renewed by tacit agreement for a further identical period unless terminated by the Customer before the contractual term by following the process defined on www.wp-deployer.io.
5. Products and Services.
5.1. Products and Services.
Each product offered on the Site is the subject of a sheet accessible on said Site.
This sheet presents the essential characteristics of the Product in accordance with Article L111-1 of the French Consumer Code.
5.2. Special features of Products and Services.
5.2.1. License to use the plug-in.
The product licensed by SAS EA LAB is a license to use the WP DEPLOYER plug-in.
Different licenses are offered:
- Single license: add-on module used for one website;
- Multiple license: add-on module usable for five websites;
- Agency license: Extension module usable for an unlimited number of websites; clarification made that this "Agency" license cannot be used by web hosting companies on behalf of their customers. The "Agency" license cannot be integrated into plugins or themes. Under no circumstances may it be resold or be the object of any commercialization or use by the Customer.
5.2.2. Support and update service.
The granting of a license to use the WP DEPLOYER add-on module is accompanied by the provision of a support and update service for a duration identical to the license subscribed to from the date of the order.
The IT support service applies only to the use of the License of which it is the complement.
Updates are carried out on the recommendation of SAS EA LAB, which is not responsible for their actual installation on the Customer's IT equipment and the technical consequences this may cause.
6. Receipt of Products.
Receipt of the Products is perfect from the moment the Customer activates the download link and the WP DEPLOYER License activation key.
7. Collaboration and obligations of the Customer.
The Customer will ensure that its computer hardware and equipment have the Technical Prerequisites necessary to use the Product. It will ensure that it installs the updates recommended by SAS EA LAB for use with the WP DEPLOYER plug-in.
The Customer will take care to provide all elements and information necessary or useful for the improvement of the extension module by endeavoring in particular to open a trouble ticket when he/she notices a malfunction of the extension module.
The Customer finally undertakes to cooperate with SAS EA LAB in the performance of the IT support service.
In this respect, the Customer will communicate to SAS EA LAB, as soon as possible, any information that the latter deems necessary for the proper performance of the services as defined in the contract, as well as all documents and data, accurate, legible and complete, necessary for the performance of the services.
As such, it undertakes to communicate to SAS EA LAB any useful information, in particular as to through the activation of debug mode, and to follow the manipulations advised by SAS EA LAB in order to remedy any malfunctions noted by the Customer.
The Customer undertakes to use the plugin made available only for lawful purposes, in accordance with the law, current regulations (in particular those relating to the protection of personal data and intellectual property), public order and good morals.
The Customer also undertakes not to use the plugin with the aim of hindering or altering its operation, in particular by hindering it, voluntarily or involuntarily, through the untimely transfer of content, outside the cases of use provided.
It is the Customer's responsibility to keep all of its data and to make its own backups. SAS EA LAB does not provide back-up or electronic archiving services.
It is the Customer's responsibility to preserve all data and to make their own back-ups
8. Obligation of SAS EA LAB.
SAS EA LAB is only liable for an obligation of means.
SAS EA LAB undertakes to use its best efforts to ensure the proper delivery of the WP DEPLOYER plug-in license.
SAS EA LAB reserves the right to modify the functionalities and/or services of the WP DEPLOYER plug-in, in particular to remove or add functionalities, or to modify their characteristics or the conditions of execution of the services.
With regard to current subscriptions, the Customer is informed by e-mail of any modification likely to degrade or substantially reduce the functionalities and/or services, at least one month before the modification is implemented.
SAS EA LAB undertakes to exercise all due care and diligence in providing a quality IT support service in accordance with industry practice and the state of the art.
SAS EA LAB undertakes to make every effort to ensure the permanence, continuity and quality of the services offered.
The Customer hereby acknowledges that fluctuations in bandwidth, the vagaries of Internet access providers and domain name registrar are elements that may lead to discontinuity in access to the service offered by WP DEPLOYER beyond the control of SAS EA LAB.
9. Prices and payment.
9.1. Price.
9.1.1. Prices.
The prices and technical descriptions of the Products and Services offered by WP MEDIA are accessible on the Site www.wp-deployer.io.
Prices are quoted in EUROS, US DOLLAR, or STERLING POUNDS all taxes included.
The prices communicated to the Customer are those in force on the date of payment for a Product or Service.
SAS EA LAB reserves the right to revise its prices at any time.
9.1.2. Promotional code.
The Customer has the option of using a promotional code to be entered when placing the order. Please note that only one promotional code is accepted per order.
9.2. Payment.
The Products remain the property of SAS EA LAB until full payment of the price.
Payment of the price is due with the order.
Payment of the price may be made by the Customer, through the secure system provided by STRIPE or by payment card.
In accordance with article L. 132-2 of the French Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable. By communicating his/her bank card details, the Customer authorizes SAS EA LAB to debit his/her bank card for the amount corresponding to the price.
Payment by bank card is irrevocable
To this end, the Customer confirms that he/she is the holder of the bank card to be debited and that the name appearing on the bank card is indeed his/her own. The Customer communicates the digits and expiry date of his/her payment card, as well as, where applicable, the visual cryptogram numbers.
The Customer confirms that he/she is the holder of the bank card and that the name appearing on the bank card is indeed his/her own
Payment, whether made online or on delivery, will only be debited or remitted for collection upon delivery of the Product activation key by SAS EA LAB.
The Customer agrees to receive invoices in electronic form only.
10. Withdrawal.
The right of withdrawal does not apply to Customers who have indicated that they wish to download the Product before the expiry of the 14-day period and who have expressly waived the exercise of this right.
As such, the following notice appears before the Customer proceeds with the download:
"By proceeding with the download I wish to access the downloaded content immediately, and therefore waive my right to exercise my right of withdrawal."
11. Cancellation.
In the event of non-performance by one of the Parties of a single one of its contractual obligations, the Contract may be terminated by operation of law by the other Party, without it thereby incurring liability of any kind, thirty (30) working days after formal notice has been sent by registered letter with acknowledgement of receipt, which has remained without effect, where the non-performance is reparable.
12. Warranty - Exclusion of warranty.
When the Customer is a consumer, he/she benefits from the legal warranty relating to hidden defects within the meaning of Articles 1641 et seq. of the Civil Code.
In accordance with Article L217-5 of the Consumer Code, the provisions of Articles 1641 and 1648 of the Civil Code are reproduced below:
Article L217-4
The seller delivers goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery.
He is also liable for defects in conformity resulting from packaging, assembly instructions or installation when the latter was made his responsibility by the contract or was carried out under his responsibility.
Article L217-5
The good conforms to the contract:
1° If it is fit for the use normally expected of similar goods and, where applicable:
if it corresponds to the description given in the contract - if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model;
- if it has the qualities that the buyer was given by the seller in the form of a sample or model - if it has the qualities that a purchaser may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
or 2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter.
Article L217-12
Any action resulting from a lack of conformity is barred after two years from the date of delivery of the goods.
Article 1641
The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair this use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, had he been aware of them.
Article 1648
The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
12.1. Implementation of the warranty.
The warranty of SAS EA LAB is limited to the reimbursement of Products that do not conform or are affected by a defect.
In order to assert its rights, the Customer must report the existence of a defect or lack of conformity within a maximum period of fourteen days from the date of purchase.
12.2 Exclusion of warranty.
The customer is solely responsible for the choice of Products, their conservation and their use.
Any warranty is excluded in the event of misuse.
In addition, the Customer is solely responsible for:
- for the use he makes of the plugin,
- the purposes for which it is used,
- the use of the results provided by the plugin,
and - the data it places on the plugin.
SAS EA LAB has no control over the use of the plugin by the Customer and its own customers, nor over the results obtained.
The Customer therefore accepts that SAS EA LAB is in no way responsible for the use made by the Customer or its direct customers, for the results obtained, or for the content of the data that is entered into the plugin.
SAS EA LAB cannot be held responsible in the event of:
- fault, negligence, omission or default on the part of the Customer or its direct customers, which would constitute the exclusive cause of the occurrence of the damage,
- malfunction or unavailability of a tangible or intangible asset in the event that it has been supplied by the Customer or a direct customer,
- accidental loss or destruction of data by the Customer, its direct customer or a third party who has accessed the plugin using its identifiers,
- force majeure.
In addition, SAS EA LAB cannot, in particular, be held liable for service interruptions or damage related to:
- abnormal or fraudulent use of the Plugin by the Customer, its direct customer or third parties requiring the Solution to be shut down for security reasons;
- fraudulent intrusion or maintenance of the Solution by a third party, or illegal extraction of data, despite the implementation of security measures complying with the standards in force.
13. Liability.
SAS EA LAB subscribes to a general obligation of means with respect to the Customer, by which it undertakes to use its best efforts to perform the Service subject hereof.
SAS EA LAB cannot be held liable for any damage resulting from the Customer's use of the add-on module after the 365 (three hundred and sixty-five) calendar day period following the order.
SAS EA LAB may not be held liable for compensation for damage resulting from the use of the Internet network, such as loss of data, intrusion, virus, disruption of service and any other cause independent of the purpose of the Service.
SAS EA LAB shall not be held liable for any incidental damages, including financial damages, in particular lost profits, unless said damages result from an intentional fault on its part.
SAS EA LAB shall not be held liable for any malfunctions observed by the Customer in the use of the plug-in license in the event that the Customer fails to perform the updates recommended by SAS EA LAB or the manipulations recommended by SAS EA LAB following a malfunction observed by the Customer during the performance of the Contract.
SAS EA LAB shall not be held liable for any operating losses that may result from the performance of its support and updates mission, unless the damage results from an intentional fault on its part.
In any event, SAS EA LAB's liability will be limited to the payment of damages that cannot exceed the amount paid by the Customer at the time of the order.
14. Force majeure.
None of the Parties may be held liable for delay, non-performance or any other breach of its obligations relating to the Order and/or relating to the warranty, whenever such failure results from an event of force majeure or a fortuitous event.
In addition to those usually accepted by the jurisprudence of the French Courts and Tribunals, the following are expressly considered as fortuitous events or force majeure: total or partial strikes, internal or external to the company, lock-out, bad weather, blockage of means of transport or supply for any reason whatsoever, earthquakes, earthquakes, fire, storms, floods, water damage, governmental or legal restrictions, legal or regulatory changes to forms of marketing, computer breakdowns, blockage of telecommunications including the wired or mobile telephone network (GSM, GPRS, 3G, 4G, etc.) or any other event beyond our control) or any other event beyond the express control of the Parties preventing the performance hereof under normal and/or reasonable conditions.
In the first instance, an act of God or force majeure will suspend performance hereunder.
If the fortuitous event or force majeure persists beyond a period of three (3) months, these General Terms and Conditions of Sale shall, unless otherwise agreed by the Parties, be terminated ipso jure without the need for recourse to a judicial decision and without prior formal notice or notification.
In this event, the Parties shall not be liable for the partial or total non-performance of their obligations under these General Terms and Conditions of Sale.
15. Divisibility of clauses.
Invalidity deriving from the nullity, lapse, lack of binding force, unenforceability of any of the stipulations of the General Terms of Sale pronounced in application of a law, regulation or final decision rendered by a competent court, shall in no way entail nullity, nullity, invalidity, lack of binding force or unenforceability of the other stipulations of the said General Terms and Conditions of Sale and has no effect with regard to the other contractual stipulations, which will retain all their effects, force and scope with regard to all the signatory Parties.
In this event, the Parties may meet and, by mutual agreement, agree to replace or modify the invalidated stipulation(s).
16. Evidentiary documents.
The online provision of the bank card number and the validation of the order, by the Customer, shall constitute proof of the order and entail the payability of the corresponding payment.
The following may also constitute legal proof of communications: the order, the Customer's payment and all documents resulting from the archiving of purchase orders and invoices in SAS EA LAB's computer systems.
17. Personal Data.
Personal Data refers to the data filled in by the Customer that makes it possible to identify him or her, directly or indirectly, within the meaning of the amended French Data Protection Act of January 6, 1978.
The Personal Data requested from the Customer is processed in accordance with the amended French Data Protection Act of January 6, 1978, and is kept for three years after the end of the commercial relationship.
The processing of Personal Data collected via the Site has been the subject of a declaration to the Commission Nationale Informatique et Libertés.
Personal Data collected through the Site is hosted by the service provider PLATFORM SH.
17.1. Purposes of processing.
The Data provided when registering and purchasing Products will be processed for the following purposes:
- Access to and improvement of Products;
- The preparation of invoices;
- Sending newsletters where appropriate;
- Carrying out statistics on the use of the site - To compile Site usage statistics;
- Improving marketing and promotional efforts as well as the Site's content and offers;
Receiving personalized offers - To receive personalized offers.
17.2. Destination of Personal Data.
SAS EA LAB undertakes to take all useful precautions, organizational and technical measures appropriate to preserve the security, integrity and confidentiality of Personal Data and in particular, prevent them from being distorted, damaged or accessed by unauthorized third parties.
17.3. Personal data transferred to public authorities and/or bodies.
In accordance with the regulations in force, Personal Data may be transferred to the competent authorities upon request and in particular to public bodies, exclusively to meet legal obligations, court officers, ministerial officers and bodies responsible for carrying out debt collection.
17.4. Personal data transferred to third parties.
SAS EA LAB undertakes not to transfer any Personal Data that may have been collected to third parties.
17.5. Customer's right of opposition, rectification and deletion.
In accordance with the amended Act of January 6, 1978, the Customer has the right to access, question, modify, rectify and delete data concerning him.
The Customer also has a right to object to the processing of his Personal Data for legitimate reasons, as well as a right to object to the same data being used for commercial prospecting purposes.
This guarantee does not apply to processing for statistical purposes as soon as the latter only deals with data in an anonymous and globalized manner.
The Customer may exercise these rights by sending an e-mail to SAS EA LAB via the "contact" page or by post to the address: SAS EA LAB, 32 rue de Cambrai, 75019 PARIS.
18. Cookies.
When using the Site, a cookie stores information relating to the Customer's browsing of the Site.
The length of time this information is kept may not exceed 13 months, in accordance with current regulations.
This cookie does not identify the Customer.
The Customer may oppose the recording of cookies and deactivate their use by setting his Internet browser appropriately, it being specified that such deactivation may restrict the use of the Site.
19. Intellectual property.
The content of the website created by SAS EA LAB is the exclusive property of EA LAB, which owns all related intellectual property rights.
The Customer is prohibited from copying, reproducing or downloading all or part of its content, except with the prior, written and express authorization of SAS EA LAB.
Any copy, reproduction or download, in whole or in part, of the content of the website created by SAS EA LAB is likely to constitute an infringement of copyright.
The Customer shall refrain from copying, reproducing or attempting to reproduce the add-on module offered by SAS EA LAB.
The granting of a User License by SAS EA LAB in no way entails the transfer of intellectual property rights to the Product.
Any Product for which a License is granted, remains the property of SAS EA LAB. Consequently, the Customer acquires from SAS EA LAB, by virtue of the Contract, only a personal, non-exclusive, non-transferable and non-transferable right of use of the Products appearing in the online order.
The Customer is not entitled to any other rights than those granted by SAS EA LAB
20. Mediation.
In accordance with the Code de la Consommation, in the event of a dispute, the Customer may have free recourse to the Médicys mediation service, which can be reached electronically via its website: www.medicys.fr or by post at 73, boulevard de Clichy, 75009, PARIS.
The customer will then be able to appoint the mediator of their choice from the list of mediators registered with Médicys.
This list, comprising over eighty professionals throughout France, is available at the following address: http://www.medicys.fr/index.php/nos-mediateurs/.
In accordance with article L.616-2 of the French Consumer Code, SAS EA LAB informs the Customer of the existence of the platform put online by the European Commission, the purpose of which is to collect any complaints arising from an online purchase from European consumers and then forward the cases received to the competent national mediators.
This link can be accessed at the following address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR
21. Applicable law and competent jurisdiction.
Any dispute or litigation relating to the validity, interpretation, performance as well as the consequences and aftermath of these General Terms and Conditions shall be subject to French law.
The French version of these General Terms and Conditions shall prevail and take precedence over any other version written in a foreign version.
Any dispute arising from the formation, interpretation, validity, performance or termination of the contractual relations established between the Customer with merchant status and SAS EA LAB, as well as any dispute involving the tort liability of either party, will be subject to the jurisdiction of the Courts of PARIS.
Any dispute arising from the formation, interpretation, validity, performance or termination of the contractual relationship established between the non-trading Customer and SAS EA LAB, as well as any dispute involving the tort liability of either of the parties, will be subject to the jurisdiction rules of common law.