Definitions
These General Terms and Conditions of Sale (hereinafter the “Terms”) are offered by Antoine Lemoine (Owebia) Entreprise Individuelle (sole proprietorship), a business registered under number 501 917 074, whose registered office is located at 18 avenue Roger Salengro, 69100 Villeurbanne (hereinafter “Antoine Lemoine (Owebia)”).
The following terms are used hereinafter:
- “Site”: the online store of Owebia, available at fr.store.owebia.com and en.store.owebia.com, and all of its pages.
- “Products” or “Services”: all digital products (modules and extensions for Magento) and services that may be purchased or subscribed to on the Site.
- “Seller”: Antoine Lemoine (Owebia), a legal entity or natural person offering its Products or Services on the Site.
- “Customer”: the professional, a natural or legal person acting for purposes within the scope of their commercial, industrial, craft, liberal or agricultural activity, purchasing one or more Products or Services on the Site.
The Site is reserved for professionals. By placing an order, the Customer declares that they are acting for the purposes of their business and gives the name and identifier of their company (SIREN, VAT number or registration number); the provisions of the French Consumer Code specific to consumers do not apply to them. The Seller reserves the right to cancel and refund any order placed by a consumer.
Internet users visiting the Site who are interested in the Products and Services offered by the Seller are invited to read these Terms carefully, and to print them and/or save them on a durable medium, before placing an order on the Site.
The Customer acknowledges having read the Terms and accepts them in full and without reservation.
Article 1 • Application of the Terms and Purpose of the Site
The Seller reserves the right to amend the Terms at any time by publishing a new version of them on the Site. The Terms applicable to the Customer are those in force on the date of the Customer’s order on the Site.
Legal information concerning the host and the publisher of the Site, the collection and processing of personal data, and the conditions of use of the Site is provided in the general terms of use, the legal notice and the data charter of this Site.
This Site offers the online sale of digital products and subscriptions to services.
Access to the Site is open and free of charge. The purchase of a Product or Service requires the Customer’s acceptance of these Terms in their entirety. The Customer accepts them by confirming their order, after reading them through the link shown above the payment button; this confirmation is equivalent to a signature.
The Customer acknowledges the evidentiary value of the Seller’s automatic recording systems and, unless the Customer provides evidence to the contrary, waives the right to contest them in the event of a dispute.
The Publisher makes available to the Customer, on its Site, a privacy charter specifying all information relating to the use of the Customer’s personal data collected by the Publisher and to the rights the Customer has with respect to such personal data. The data privacy policy forms part of the Terms. Acceptance of these Terms therefore implies acceptance of the data privacy policy.
Article 2 • Creation of a Customer Account
The creation of a customer account is a prerequisite for any order on this Site. To this end, the Customer provides their last name and first name and their email address and, to order, the name and identifier of their company and their billing address. The Customer undertakes to provide accurate information and to keep it up to date from their account; the Customer is solely responsible for its truthfulness, accuracy and relevance.
A Customer registered on the Site may access it by logging in with his or her credentials (the email address defined at registration and a password). The Customer is solely responsible for protecting the password he or she has chosen and is encouraged to use complex passwords. If the password is forgotten, the Customer may generate a new one. This password guarantees the confidentiality of the information contained in the Customer’s “my account” section, and the Customer therefore undertakes not to transmit or disclose it to any third party. Failing this, the Seller cannot be held liable for unauthorized access to a Customer’s account.
The customer account allows the Customer to view all orders placed on the Site. Should the data contained in the customer account section be lost as a result of a technical failure or an event of force majeure, the Seller cannot be held liable, as this information has no evidentiary value and is provided for information purposes only. The pages relating to the customer account may be freely printed by the Customer holding the account in question but in no way constitute proof; they are provided for information purposes only, to enable the Customer to manage his or her orders or contributions effectively.
Each Customer is free to delete their account at any time, from the “Privacy settings” page of their account; the deletion is immediate and final, and access to the customer area and to the downloads ends. Orders and invoices are kept, detached from the account, for the period required by law.
An account without any activity for three years (neither signing in to the account nor use of its Composer credentials) is deleted, after a warning email sent at least one month before.
The Seller reserves the exclusive right to delete the account of any Customer who has breached these Terms (in particular, and without this example being in any way exhaustive, where the Customer has knowingly provided false information when registering and setting up his or her personal space). Such deletion shall not constitute damage to the Customer, who shall not be entitled to any compensation as a result. This exclusion does not preclude the Seller from taking legal action against the Customer where the facts so warrant.
Article 3 • Order Placement and Description of the Purchase Process
The Products and Services offered are those listed in the catalog published on the Site. Each Product is accompanied by a description drawn up by the Seller.
The screenshots illustrate the features of the Products; their appearance may vary depending on the Magento version and the theme of the Customer’s store.
The Customer adds the Products they wish to order to their cart; the contents of the cart may be modified at any time.
The order is placed on a single page, reserved for Customers signed in to their account. There, the Customer finds the summary of the Products chosen and their price, fills in or checks their billing address, confirms buying for their business and chooses their means of payment. They may change this information or give up the order until it is confirmed.
By clicking the payment button, the Customer confirms their order and accepts these Terms. They are then directed to the payment page of the chosen provider or, for a bank transfer, receive the bank details on screen and by email. As soon as the payment is received, the Customer receives a confirmation email restating the contents and price of their order, and the Products are made available in their account.
The Products sold remain the property of the Seller until full payment of their price, in accordance with this retention of title clause.
Article 4 • Prices and Payment Terms
Unless otherwise stated, the prices shown in the catalog are net prices payable in Euros (VAT not applicable, pursuant to article 293 B of the CGI (French General Tax Code)).
Antoine Lemoine (Owebia) reserves the right to change its prices at any time and to pass on, where applicable, any change in the applicable VAT rate to the price of the Products or Services offered on the Site. However, the price shown in the catalog on the date of the order shall be the only price applicable to the Customer.
The Customer may place an order on this Site and may pay by bank card, by PayPal or by bank transfer. Bank card and PayPal payments are made by means of secure transactions provided by Mollie or PayPal.
This Site has no access to any data relating to the Customer’s means of payment. Payment is made directly to the bank or payment provider receiving the Customer’s payment. The Products are made available in the customer account as soon as the payment is confirmed. In the event of payment by bank transfer, they are made available from the date on which the Seller actually receives the payment, which the Seller may prove by any means.
Antoine Lemoine (Owebia) will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy. The computerized records will be considered by the parties as proof of the communications, orders, payments and transactions between the parties.
Article 5 • No Right of Withdrawal
As the Customer acts as a professional, they do not benefit from the right of withdrawal granted to consumers by the French Consumer Code. The Products, digital content made available as soon as the payment is confirmed, are neither taken back nor exchanged, subject to the guarantee set out in article 6.
Article 6 • Guarantee
The Seller guarantees that the Products conform to their description on the Site on the date they are made available. The Customer reports any defect to customer service (article 7) within twelve months of that date, describing it precisely. The Seller then undertakes, at its option, to correct the Product (fix or update) or, if it cannot do so within a reasonable time, to refund the price of the Product concerned.
This guarantee does not cover defects resulting from a modification of the Product by the Customer or a third party, from a use contrary to its documentation, or from an incompatibility with a Magento version, a theme or an extension not mentioned in the description.
The Customer also benefits from the guarantee against hidden defects provided for in articles 1641 et seq. of the French Civil Code.
Article 7 • Customer Service
The customer service of this Site can be reached by email at the following address: contact@owebia.com or by post at the address indicated in the legal notice.
Article 8 • Liability
The Seller Antoine Lemoine (Owebia) cannot be held liable for failure to perform the contract entered into due to the occurrence of an event of force majeure. With regard to the Products purchased, the Seller shall incur no liability for any indirect damages arising hereunder, loss of business, loss of profit, damages or costs that may arise.
The choice and purchase of a Product or Service are the sole responsibility of the Customer. The total or partial inability to use the Products, in particular due to hardware incompatibility, cannot give rise to any compensation, refund or liability on the part of the Seller, except in the case of a proven hidden defect, lack of conformity or defectiveness (article 6).
The Customer expressly agrees to use the Site at his or her own risk and under his or her sole responsibility. The Site provides the Customer with information for guidance only, with imperfections, errors, omissions, inaccuracies and other ambiguities that may exist. In any event, Antoine Lemoine (Owebia) cannot under any circumstances be held liable:
- for any indirect damage, in particular with regard to loss of profits, loss of earnings, loss of customers or loss of data that may result, among other things, from the use of the Site or, conversely, from the inability to use it;
- for a malfunction, unavailability of access, misuse, incorrect configuration of the Customer’s computer, or the Customer’s use of an uncommon browser;
- for the content of advertisements and other external links or sources accessible to Customers from the Site.
The photographs and visuals of the Products presented on the Site are not contractually binding; the Seller therefore cannot be held liable if the characteristics of the Products differ from the visuals on the Site or if the latter are erroneous or incomplete.
In any event, the Seller’s total liability under an order, for all causes combined, is limited to the price paid by the Customer for the Product or Products concerned.
Article 9 • Intellectual Property Rights
All elements of this Site belong to the Seller or to an authorized third party, or are used by the Seller with the permission of their owners.
Any reproduction, representation or adaptation of the logos, textual, pictographic or video content, without this list being exhaustive, is strictly prohibited and constitutes infringement.
Any Customer found guilty of infringement may have his or her account deleted without notice or compensation, without such deletion constituting damage to the Customer, and without prejudice to any subsequent legal action against the Customer initiated by the Seller or its authorized agent.
The trademarks and logos contained in the Site may be registered by Antoine Lemoine (Owebia), or possibly by one of its partners. Any person who represents, reproduces, embeds, distributes or redistributes them is liable to the penalties provided for in articles L.713-2 et seq. of the Code de la propriété intellectuelle (French Intellectual Property Code).
Article 10 • Severability
If any provision of the Terms is held to be illegal, void or unenforceable for any other reason, that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of the remaining provisions.
These Terms supersede all prior or contemporaneous agreements, whether written or oral. The Terms may not be assigned, transferred or sublicensed by the Customer.
A printed version of the Terms and of all notices given in electronic form may be requested in judicial or administrative proceedings relating to the Terms. The parties agree that all correspondence relating to these Terms is written in French or English.
Article 11 • Governing Law and Jurisdiction
These Terms are governed by and subject to French law.
Subject to mandatory public policy provisions, any dispute that may arise in connection with the performance of these Terms may, prior to any legal action, be submitted to the Publisher of the Site with a view to an amicable settlement.
It is expressly noted that requests for amicable settlement do not suspend the time limits for bringing legal action. Unless otherwise provided by mandatory public policy provisions, any legal action relating to the performance of these Terms shall be submitted to the jurisdiction of the courts of the place of the defendant’s domicile.