GENERAL TERMS AND CONDITIONS OF SALE

  1. Purpose

The purpose of this document is to define the general terms and conditions of sale and use of the 1-Click ERP software and associated services sold by illicoPresta, Les Carrés du cengle – Bâtiment E – Chemin de la Muscatelle, 13790 Châteauneuf-le-Rouge. By placing an order for software and/or selecting an associated product or service, the subscriber acknowledges that he/she has read, understood and expressly accepted these general terms and conditions in their entirety.

  1. Brief description of the 1-Click ERP software 

1-Click ERP is a module for managing on-line stores on Prestashop 1.5 and 1.6.. A free restricted version of this software is available and it is possible to complete a demonstration on a virtual store prior to purchase. illicoPresta recommends that all individuals and businesses that intend to purchase 1-Click ERP software should first install and use the free version that can be directly installed from their Prestashop back-office and/or should test the software on the virtual store through the demonstration that is available on our servers.
Use of the software, including the free version, is subject to compliance with the licence agreement relating thereto.

illicoPresta regularly updates the software features. Software purchases include an update period that corresponds to the merchant’s subscription period.

  1. Prerequisites for use of the software and related services

In order to access all the 1-Click ERP software features and related services, the customer should ensure that all the recommended technical conditions are checked on its Prestashop E-Store.

The term “Customer” shall be understood to mean all Prestashop merchants. Specific terms and conditions apply to service providers, especially in respect of the use of multi-store licences.

1-Click ERP reserves the right to immediately cancel any order placed by a customer whose on-line store is of an abusive, defamatory, xenophobic, racist, anti-Semitic, pornographic, revisionist, homophobic or sexist nature or that incites hatred or violence or generally that relates to any subject that is against the law or contrary to human values.

  1. Terms and conditions for acquiring a licence 

The free version of the 1-Click ERP module can be activated via the Prestashop back office. The advanced version can be acquired through a one-time purchase or monthly subscription, automatically renewed on an annual basis. For the one-time purchase, upon purchasing the module is acquired for an indefinite period. For module subscriptions, the subscriber is not bound for any specific period and may cancel at any time without prior notice. The module will be deactivated at the end of the month in which the subscription is cancelled.

Customers will not be entitled to any refund, or partial refund, of their payment, even if they do not use the software during their subscription period.

  1. Technical support

illicoPresta provides technical support to its customers in the form of tickets. Technical support begins as soon as the free version of 1-Click ERP is activated and shall continue for as long as the module remains activated on the store.

Merchants may writes tickets and send them to illicoPresta by email: support@illicopresta.com.

illicoPresta may provide an estimate for any additional assistance to the merchant upon request: commercial@illicopresta.com

  1. Delivery

Upon ordering 1-Click ERP software, a software licence number will be provided to the customer by email, as well as a link on the order summary on their customer account. In order to activate the 1-Click ERP software version, the customer should enter this licence number into the free version that has been installed on their website.

illicoPresta reserves the right to immediately cancel any order placed by a customer whose on-line store is of an abusive, defamatory, xenophobic, racist, anti-Semitic, pornographic, revisionist, homophobic or sexist nature or that incites hatred or violence or generally that relates to any subject that is against the law or contrary to human values.

  1. Modification of the services and terms and conditions

illicoPresta reserves the right to modify the services and/or terms of these general terms and conditions, especially in light of changes to techniques and/or legislation.
Any changes made shall appear on the illicoPresta website. Merchants shall be responsible for familiarising themselves therewith by consulting said website and illicoPresta is not obliged to inform merchants thereof in any other way.

  1. Law and jurisdiction

The parties expressly agree that this agreement shall be governed by, and subject to, French law. This agreement has been written in French. In the event that it is translated into one or more foreign languages and in the event of a dispute, the French version alone shall prevail.

The parties agree that any dispute relating to the execution, performance or interpretation of this agreement, which is not amicably resolved by the parties, shall be subject to the sole jurisdiction of the Commercial Court of Aix-en-Provence and the parties expressly confirm that this Court shall have jurisdiction.

ILLICOPRESTA / 1-CLICK ERP LICENCE AGREEMENT

You have acquired software that has been designed and developed by illicoPresta (hereinafter referred to as the “Software”), for which we thank you. By purchasing this Software, you do not become owner of the Software but you do have the right to use it. The terms and conditions of such usage are set forth herebelow. By accepting and validating this agreement, you unreservedly agree to comply with the terms of this Licence. In the event that you do not accept the terms of this agreement and in the event that you have purchased a product download, purchased a product  on-line or free of charge, you should not install such product. Free trial versions are available for most of the software published by illicoPresta (on-line demos, samples produced using the tool, or free restricted versions), allowing the user to check that the Software is compatible with their needs and IT system. When a downloadable product is sold, if, as explained above, a trial or free version of the Software is available and the licence agreement has been validated, the purchase of such software shall be regarded as final and no refunds shall be given and the user must comply with the terms and conditions of the licence agreement.

The Licensee’s rights to the software are set forth in this Licence, to the exclusion of all other rights not specifically conferred hereunder.

I – SCOPE OF THE LICENCE

Unless illicoPresta provides otherwise, the software user Licence is granted to you for use in connection to one website and one domain name only. Specific terms and conditions apply to service providers, especially in respect of the use of multi-store licences. Said service providers undertake to place their orders in their customer’s name and to provide the customer’s URLs to illicoPresta. Service providers and illicoPresta partners should not, under any circumstances, use a multi-store licence in order to manage several stores belonging to various customers. Any fraudulent use, contrary to the licence agreement, shall result in the immediate cancellation of the licence key in question, and no compensation of any kind shall be available.

The Software may be physically transferred from the customer’s internet server to a local version on the customer’s computer on one machine only. This transfer shall be used as a back-up copy and should be performed in accordance with the terms of Article 3 herebelow. illicoPresta shall be entitled to automatically terminate this Licence, without prior notice or compensation, if payment for the Licence has been rejected or cancelled by the Licensee or a banking organisation. The user is not authorised to copy the Software documentation, which is protected by intellectual property rights.
Any usage that is not specifically provided for in the preceding paragraph is prohibited, and, inter alia, without illicoPresta’s written authorisation, you are not authorised to:
– distribute, assign, rent, sell, lease, sublicence, give or distribute all or part of the software to a Third Party, in any manner whatsoever
– Alter, adjust, create derivative works, incorporate into another software, translate or modify in any way whatsoever, all or part of the Software
– Make copies of all or part of the Software (with the exception of the back-up copy in accordance with Article III)

IT SHOULD BE SPECIFICALLY NOTED THAT YOU ARE PROHIBITED FROM MAKING ALL OR PART OF THE SOFTWARE AVAILABLE TO THE PUBLIC VIA THE INTERNET OR ANY OTHER IT COMMUNICATIONS SYSTEMS WITHOUT ILLICOPRESTA’S PRIOR WRITTEN CONSENT.

II – LICENCE ADMINISTRATION AND REGISTRATION TECHNOLOGY

The software may contain licence administration and registration technology. This technology is generally used when the Software opens or during use thereof. It is possible to manage the remote access services connected to the user’s licence number using this technology. The end user acknowledges that this technology uses a secure communication link that connects the end user to illicoPresta via the internet or any technology that may be available in the future, and that the information collected for identification purposes on the end-user’s machine(s) on which the Software is installed may be transmitted to illicoPresta.
For monitoring and statistical purposes, illicoPresta is authorised to study the information transmitted by such technology onto the licence administration and registration server. In the event of suspected fraudulent use of the licence number, illicoPresta shall be entitled to automatically terminate this Licence without prior notice or any compensation to the Licensee. Further analysis of the logs of Software connections to the IT system, and, in particular, the record of the IP addresses from which the Licensee has connected to the Software, may be conducted and may be referred to the relevant authorities for investigation.

III – BACKUP COPY

In the event that you purchase on-line, in addition to installing the software onto your website, you will be authorised to keep a backup copy on your computer.  Only one copy may be made. You must keep it in a safe place. This copy may be used on a local copy of your website for testing purposes.

  1. You may be held liable in the event of unauthorised Third Party use.
    This Licence also applies to the backup copy.

IV – OWNERSHIP

illicoPresta holds all publishing and reproduction rights to the Software and related documentation and any and all copies authorised under this Licence in accordance with the law on copyright.
You should therefore take all steps necessary in order to protect such rights and should, inter alia, comply with, and ensure compliance with, all notices and warnings relating to such rights that relate to components of the website or the backup copy.

Retention of title: We shall retain ownership of the goods and productions until such time as the buyer has paid the purchase price in full. Our claim also relates to goods and the price paid for such goods if such goods have already been resold (Law 80 -335 of 12 May 1980) Fixed recovery costs: €40. Late payment penalty: 3 times the applicable standard interest rate.

V – TERM – TERMINATION

This Licence is hereby awarded for as long as you use the software, unless you breach the terms and conditions of this Licence. In such circumstances, illicoPresta shall be entitled to automatically terminate this Licence without prior notice and without prejudice to any other remedies that may be available to it. illicoPresta may, inter alia, terminate this licence without prior notice in the event that you fail to pay the purchase price by the agreed deadline or if the financial organisation in question rejects or cancels such payment. In the event that this Licence is terminated, you undertake to cease all use of the Software.

illicoPresta reserves the right to immediately cancel any order placed by a customer whose on-line store is of an abusive, defamatory, xenophobic, racist, anti-Semitic, pornographic, revisionist, homophobic or sexist nature or that incites hatred or violence or generally that relates to any subject that is against the law or contrary to human values.

VI – WARRANTY AND LIABILITY

illicoPresta cannot be held liable for any damage, incompatibility or problems caused by the Licensed software and any issues that may result from the use thereof. This includes, but is not limited to, IT hardware, software, the operating system or any other computer accessory whatsoever.
NOTWITHSTANDING THE ABOVE, ILLICOPRESTA CANNOT, UNDER ANY CIRCUMSTANCES, BE HELD LIABLE FOR ANY DIRECT OR INDIRECT DAMAGE TO YOU OR TO A THIRD PARTY, INCLUDING BUT NOT LIMITED TO, ANY LOST PROFITS, EXPENSES, LOSS OF SOFTWARE, LOSS OR DAMAGE TO EQUIPMENT THAT YOU MAY INCUR OR THAT MAY BE INCURRED BY A THIRD PARTY, INCLUDING RECOVERY, REPRODUCTION OR REPAIR COSTS FOR SUCH LOSS OR DAMAGE.

VII – USER ASSISTANCE

By visiting the www.illicopresta.com website, the user may find additional written information and assistance for using the Software and be notified of any changes thereto or the new versions thereof. illicoPresta is not obliged under this Licence to provide any other user assistance for use of the Software.

VIII – MISCELLANEOUS PROVISIONS

This Licence is granted for the country in which it was billed. It is governed by French law. Any dispute relating to the interpretation of this licence shall be referred to the relevant court.

IX – PERSONAL DATA

In accordance with the “Loi Informatique et Libertés” (French Data Protection Act) of 6 January 1978 (as amended by the Law of 06 August 2004 relating to the protection of individuals with regard to the processing of personal data) you are entitled to access, rectify and object to any personal data that may be collected when you use or register this Software.
You may exercise such right by contacting the following address:
illicoPresta
Les Carrés du cengle – bâtiment E
Chemin de la Muscatelle
13790 Châteauneuf le Rouge