Online since 28/08/2024
Preamble
These General Terms and Conditions of Sale, hereinafter referred to as “GTC”, govern the contractual relationship between :
- WPMarmite, a simplified joint stock company with capital of €2,000, whose registered office is located in TROYES (10), 15 rue Émile Zola, registered in the TROYES Trade and Companies Register under number RCS TROYES 751884644, hereinafter referred to as “The Vendor”.
- And, any individual or legal entity that places an order on the Vendor’s website, hereinafter referred to as the “Buyer”.
The Seller and the Buyer agree that these GTC shall exclusively govern their relationship.
The present GTC will be applicable as soon as they are put online.
The Seller reserves the right to modify the GTC, subject to prior notice to the Buyer.
These GTC apply to all orders placed by the Buyer on the Pay.WPMarmite.com website, hereinafter referred to as “the Site”, owned by the Seller.
Article 1 – Entirety
These GTC express the entirety of the obligations of the parties. The Buyer is deemed to accept them without reservation.
If a condition of sale is lacking, it will be considered to be governed by the practices in force in the distance selling sector whose companies are based in France.
Article 2 – Purpose
The purpose of these Terms and Conditions of Sale is to define the rights and obligations of the parties in connection with the sale of software dedicated to the WordPress software called Extensions, hereinafter referred to as “the Extensions”, as well as various products and services offered by the Seller to the Buyer.
Any order placed online implies full acceptance of these terms and conditions.
Article 3 – Ordering
The Buyer may place an order online, via the Site.
The Buyer must choose the offer that suits him/her and then click on the order button. Any order implies acceptance of the prices, of the descriptions of the products available for sale and of these GTC.
In certain cases, notably non-payment, incorrect address or other problem with the Buyer’s account, the Vendor reserves the right to block the Buyer’s order until the problem has been resolved.
For any question relating to the follow-up of an order, the Buyer should contact the Vendor by e-mail at the following address: pay@wpmarmite.com.
Article 4 – Electronic signature
Payment of the order via the Stripe service shall constitute proof of the Buyer’s agreement in accordance with the provisions of the law of March 13, 2000 and shall be deemed :
- payment of sums due under the purchase order,
- signature and express acceptance of all operations carried out.
In the event of fraudulent use of a credit card, the Buyer is invited to contact the Seller by e-mail at the following address: pay@wpmarmite.com.
Article 5 – Proof of transaction
As payment is managed by the Stripe service, notifications from this service will be considered as proof of communications, orders and payments between the parties.
Article 6 – Service information
The Extensions, products and services governed by these GTS are those which appear on the Vendor’s website and which are indicated as sold and delivered by the Vendor.
The Extensions, products and services are described and presented as accurately as possible. However, the Vendor cannot be held liable for any errors or omissions in this presentation.
The Vendor cannot be held responsible for any problem related to or arising from the interpretation of the Extensions, products and services sold on the Site.
The Seller reserves the right to withdraw Extensions, products and services from sale at any time.
Article 7 – Prices
The Vendor reserves the right to modify its prices at any time, but undertakes to apply the prices in force at the time of the order.
Access to an Extension, product or any other service is individual, and each access is subject to a fee.
Prices include the French or European VAT applicable on the day of the order, and any change in the applicable VAT rate will be automatically reflected in the price of the services offered.
Payment in full must be made at the time of ordering. At no time may the sums paid be considered as deposits or advance payments.
If one or more taxes or contributions, notably environmental, are created or modified, either upwards or downwards, this change may be reflected in the sales price.
Article 8 – Method of payment
The Buyer places an order online. Payment is due on the date of the order. After clicking on the offer of his choice, the Buyer must pay for his order by credit card via the Stripe service. This system guarantees the total confidentiality of the Buyer’s banking information. The Buyer’s bank details are not stored electronically by the Company. The Buyer can therefore order in complete security.
The Buyer guarantees the Vendor that he/she has the necessary authorizations to use the method of payment chosen by him/her when validating the order form. The Vendor reserves the right to suspend all order processing and deliveries in the event of refusal to authorize payment by credit card by officially accredited organizations, or in the event of non-payment.
In particular, the Vendor reserves the right to refuse to make a delivery or to honour an order from a Buyer who has not paid in full or in part for a previous order, or with whom a payment dispute is in progress.
Article 9 – Access to Extensions
Once Stripe has received confirmation of payment from the Seller’s bank, the Buyer will be automatically redirected to the Site.
The Buyer will also receive an e-mail recapitulating his login details for the Site following his order.
The Extensions can only be accessed via the Site.
The Buyer undertakes not to copy the Extensions, transfer them or give access to them to third parties.
The Buyer shall not attempt to obtain unauthorized access to the Site’s computer system or engage in any activity that disrupts, diminishes the quality of or interferes with the performance or deteriorates the functionalities of the Site.
Article 10 – Right of withdrawal
In accordance with article L.121-20 of the French Consumer Code, the Buyer has a right of withdrawal of 14 clear days from the validation of his order to notify the Seller by email, without penalty, his withdrawal and obtain reimbursement of sums paid.
Upon receipt of this e-mail, the Vendor undertakes to reimburse the Purchaser by any means within 14 days.
The Vendor also offers to reimburse the Purchaser for products purchased within 30 days upon simple request sent by e-mail to pay@wpmarmite.com.
Article 11 – Force majeure
Any circumstances beyond the control of the parties preventing the performance of their obligations under normal conditions shall be considered as grounds for exoneration from the parties’ obligations and shall result in their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.
Force majeure is defined as any irresistible event or circumstance that is external to the parties, unforeseeable, unavoidable, beyond the parties’ control and which the parties are unable to prevent, despite all reasonable efforts. The following are expressly considered to be cases of force majeure or fortuitous events, in addition to those usually accepted by the jurisprudence of French courts and tribunals: blockage of means of transport or supply, earthquakes, fires, storms, floods, lightning, stoppage of telecommunication networks or difficulties specific to telecommunication networks external to customers.
The parties will meet to examine the impact of the event and agree on the conditions under which performance of the contract will continue. If the force majeure event lasts for more than three months, the present GCS may be terminated by the aggrieved party.
Article 12 – Partial non-validation
If one or more stipulations of these GTC are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain all their force and scope.
Article 13 – Non-waiver
The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these GCS shall not be interpreted for the future as a waiver of the obligation in question.
Article 14 – Title
In the event of any difficulty of interpretation between any of the titles appearing at the head of the clauses and any of the clauses, the titles will be declared non-existent.
Article 15 – Applicable law
These GTC are subject to French law, to the exclusion of the provisions of the Vienna Convention. This applies to both substantive and formal rules. In the event of a dispute or claim, the purchaser shall first contact the Vendor for an amicable solution.
Failing this, the purchaser may bring proceedings before the Tribunal de Commerce de Troyes.