Terms of Service | Store Commander

Article #1: Definitions

The following terms shall be defined as follows:

- 'Site' or 'service': the website https://www.storecommander.com containing the catalog of offers and the website https://apps.storecommander.com containing the user's account and all Apps services.
- 'Products' or 'Apps': all services that can be purchased or subscribed to on the Site.
- 'Publisher': The legal entity responsible for the publication and content of the site: Mise En Prod SAS.
- 'User': The internet user using the site or one of its Products.
- And 'Customer': the internet user making a purchase or having subscribed to Apps on the site.

Article #2: Legal notices required by the law on confidence in the digital economy and purpose of the site

This site is published by Mise En Prod SAS. Legal information concerning the host and the publisher of the site, including contact details and any capital and registration information, are provided in the legal notice of this site. Information concerning the collection and processing of personal data (policy and declaration) is provided in the site's personal data charter. The purpose of this site is determined as "Business data management service". The site is free and open to any internet user. The acquisition of a good or service, or the creation of a member area, or more generally browsing the site implies the acceptance, by the internet user, of all of these general conditions, which acknowledges at the same time having taken full knowledge of them. This acceptance will consist, for the internet user, in checking the box corresponding to the sentence of acceptance of these general conditions, having for example the mention "I acknowledge having read and accepted all the general conditions of the site". Checking this box will be deemed to have the same value as a handwritten signature on the part of the internet user. The internet user recognizes the probative value of the automatic registration systems of the publisher of this site and, except for him to provide proof to the contrary, he waives the right to contest them in the event of a dispute. The acceptance of these general conditions implies on the part of users that they enjoy the legal capacity necessary for this. If the user is a minor or does not have this legal capacity, he declares to have the authorization of a guardian, a curator or his legal representative.

The Publisher makes available to the Customer, on its Site, a privacy policy specifying all information relating to the use of the Customer's personal data collected by the Publisher and the rights the Customer has with regard to this personal data. The privacy policy forms part of the Terms of Service. Acceptance of these Terms of Service therefore implies acceptance of the privacy policy.

Furthermore, acceptance of these general terms and conditions of sale nullifies any previous agreements that may have existed between us and the Customer.

Article #3: Characteristics of the services offered

The services and products offered are those listed in the catalog published on the site. Each product or service is accompanied by a description provided by the site publisher. Photographies of the products in the catalog reflect a faithful image of the products and services offered but are not contractual to the extent that they cannot ensure perfect similarity or that the Service may undergo developments.

The support service of this site is accessible by email at the following address: support@storecommander.com or by postal mail at the address indicated in the legal notice, in which case the publisher undertakes to provide a response within 7 days.

Mise En Prod also provides its users with a hotline, or telephone assistance, to answer their questions. Telephone assistance can be contacted by phone at +33 (0)975666644 (non-surcharged number).

Article #4: Rates

The prices listed in the catalog are prices in Euros excluding taxes (VAT). Mise En Prod reserves the right to reflect any change in the VAT rate on the price of products or services. The publisher also reserves the right to modify its prices at any time. Nevertheless, the price appearing in the catalog on the day of the order will be the only one applicable to the buyer. Certain products in the catalog are billed on a third-party platform whose separate Terms and Conditions will apply. This information will be indicated in the FAQ of the relevant products.

Article #5: Member or user area

The user registered on the site (member) has the possibility to access it by logging in with their credentials (email address defined during registration and password). The user is entirely responsible for the protection of the password they have chosen. They are encouraged to use complex passwords. In case of a forgotten password, the member has the possibility to generate a new one. This password constitutes the guarantee of confidentiality of the information contained in their "my account" section and the user therefore refrains from transmitting or communicating it to a third party. Failing this, the site publisher cannot be held responsible for unauthorized access to a user's account. The creation of a personal space is an essential prerequisite for any subscription or contribution of the member on this site. To this end, the member will be invited to provide a certain number of personal information. The member undertakes to provide accurate information. The purpose of data collection is the creation of a "member account". This account allows the member to view the Products subscribed to on the site and the subscriptions they hold. If the data contained in the member account section were to disappear following a technical failure or a case of force majeure, the responsibility of the site and its publisher could not be engaged, this information having no probative value but only an informative character. Pages relating to member accounts are freely printable by the holder of the account in question but do not constitute proof; they are only for informative purposes aimed at ensuring efficient management of the member's subscriptions and possible contributions. The publisher reserves the exclusive right to delete the account of any member who has contravened these general conditions (notably, but without this example being exhaustive, when the member has knowingly provided erroneous information during registration and/or the constitution of their personal space) or any account inactive for at least one year. Said deletion shall not be liable to constitute a damage for the excluded member who shall not be entitled to claim any compensation as a result. This exclusion is not exclusive of the possibility, for the Publisher, to take legal action against the member, when the facts justify it.

Article #6: Exemption from the publisher's liability in the context of the execution of this contract

In the event of impossibility of access to the site, due to technical problems or any nature, the User may not claim any damage and may not claim any compensation. The unavailability, even prolonged and without any time limit, of one or more products, cannot constitute a prejudice for internet users and can in no way give rise to the award of damages from the site or its publisher. The photographs and visuals of the products presented on the site have no contractual character; the responsibility of the publisher of this site cannot therefore be engaged if the characteristics of the objects differ from the visuals present on the site or if the latter are erroneous or incomplete. Hypertext links present on this site may refer to other websites and the responsibility of the publisher of this site cannot be engaged if the content of these sites contravenes current legislation. Likewise, the responsibility of the publisher of this site cannot be engaged if the visit, by the internet user, of one of these sites, caused him prejudice.

Article #7: Intellectual property rights relating to the elements published on this site

All elements of this site belong to the publisher or a third-party representative, or are used by the publisher on the site with the authorization of their owner. Any copy of logos, textual, pictographic or video content, without this list being exhaustive, is strictly prohibited and is akin to counterfeiting. Any member who is guilty of counterfeiting would be liable to have their account deleted without notice or compensation and without this deletion being able to constitute a damage to them, without reservation of possible subsequent legal proceedings against them, at the initiative of the publisher of this site or its representative.

Article #8: Trademarks

The trademarks and logos contained in the site are registered by Mise En Prod, or possibly by one of its partners. Any person proceeding to their representation, reproduction, overlapping, distribution and redistribution incurs the sanctions provided for in articles L.713-2 and following of the Intellectual Property Code.

Article #9: Limitation of liability

The site publisher, particularly in the online sales process, is only bound by an obligation of means; its liability cannot be held for damage resulting from the use of the Internet such as data loss, intrusion, virus, service interruption or others. Mise En Prod cannot be held responsible for the non-performance of the contract concluded, due to the occurrence of a force majeure event and notably in the event of total or partial strike of external services or disasters caused by floods or fires. Regarding purchased products, the publisher will not incur any liability for any indirect damage due to these presents, operating loss, loss of profit, damage or costs, which could occur. The choice and subscription to a Product are placed under the sole responsibility of the user. The user expressly agrees to use the site at their own risk and under their exclusive responsibility. The site provides the user with information for guidance, with imperfections, errors, omissions, inaccuracies and other ambivalences likely to exist. In any case, the publisher can under no circumstances be held responsible: - for any direct or indirect damage, notably concerning loss of profits, shortfall, loss of customers, data that may among other things result from the use of the site, or on the contrary from the impossibility of its use; - for a malfunction, unavailability of access, misuse, misconfiguration of the user's computer, or the use of a browser rarely used by the user; - for the content of advertisements and other links or external sources accessible by the user from the site

Article #10: Access to the site

The responsibility of the site publisher cannot be engaged due to technical unavailability of the connection, whether due to a force majeure event, maintenance, an update, a modification of the site, an intervention by the host, an internal or external strike, a network failure, a power cut, or a poor configuration or use of the user's computer.

Article #11: Account closure

Each member of the site is free to close their account. To do this, the member must go to the My Account > Security section of the site. Data recovery by the member is possible under the conditions specified in the section of these general conditions concerning the restitution of data and must be carried out before the closure and deletion of the account.

Article #12: Applicable law and mediation

These general conditions are subject to the application of French law. They can be modified at any time by the site publisher or its representative. The general conditions applicable to the user are those in force on the day of their subscription to a service on this site. The site publisher undertakes to keep old versions of these general conditions in case of evolution and to forward them to any User who requests them.

Subject to public policy provisions, all disputes that may arise in the context of the execution of these general conditions may, before any legal action, be submitted to the appreciation of the site publisher for an amicable settlement. It is expressly recalled that requests for amicable settlement do not suspend the deadlines opened for initiating legal actions. Unless otherwise provided, by public policy, any legal action relating to the execution of this contract must be submitted to the jurisdiction of the courts of the jurisdiction of the Court of Appeal seized.

Consumer mediation

According to article L.612-1 of the Consumer Code, it is reminded that "any consumer has the right to free recourse to a consumer mediator for the amicable resolution of the dispute with a professional. To this end, the professional guarantees the consumer effective recourse to a consumer mediation mechanism".

In this regard, Mise En Prod offers its consumer customers, in the context of disputes that have not been resolved amicably, the mediation of a consumer mediator, whose contact details are as follows:

- Mediator of the certified mediation center Médicys
- contact@medicys.fr
- https://www.medicys.fr/index.php/consommateurs/

It is recalled that mediation is not compulsory but only proposed in order to resolve disputes while avoiding recourse to justice.

Article #13: Use of Cookies

A "Cookie" allows for the identification of the user of a site, the personalization of their consultation of the site and the speed of the display of the site thanks to the recording of a data file on their computer. The site is likely to use "Cookies" mainly for 1) obtaining navigation statistics in order to improve the User experience, and 2) allowing access to a member account and content that is not accessible without connection. The User acknowledges being informed of this practice and authorizes the site publisher to resort to it. The publisher undertakes to never communicate the content of these "Cookies" to third parties, except in the case of legal requisition. The User can refuse the recording of "Cookies" or configure their browser to be warned before accepting "Cookies". To do this, the User will set up their browser: - For Internet Explorer: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies- For Safari: https://support.apple.com/fr-fr/ht1677- For Google Chrome: https://support.google.com/chrome/answer/95647?hl=fr&hlrm=en&safe=on- For Firefox: https://support.mozilla.org/fr/kb/activer-desactiver-cookies- For Opera: http://help.opera.com/Windows/10.20/fr/cookies.html

Article #14: Subscription terms for the service and description of the purchase process

We will define below as "Cart" the immaterial object (for example a page or part of a page of the site) grouping all the Products selected by the user for a purchase or subscription. Once the internet user considers having selected and added to their cart all the products they wish to buy, they will have the possibility, to validate their order, to access a summary page on which they will be communicated the characteristics (notably the volume and possible options) of the products ordered, as well as their unit price, or the subscription price according to the nature of the pricing of the service. If they wish to validate their order, the user must check the box relative to the ratification of these general terms and conditions of sale and click on the validation button. The user will then be led to fill in the fields of an order form by providing a certain amount of personal data concerning them, necessary for the correct completion of the order. Once the user has validated this order form, they will be redirected to the online payment interface where they can make their payment with the payment methods specified in the dedicated section of these general conditions. After a few moments, the user will see their purchase or subscription confirmed.

Article #15: Information relating to payment

The internet user can place an order on this site and can make their payment by bank card. Payments by bank card are made by means of secure transactions provided by an online payment platform provider. Payment is made directly into the hands of the bank or payment provider receiving the Customer's payment. In case of payment by bank transfer, the provision times defined in the article below only begin to run from the date of effective receipt of payment by the seller, the latter being able to provide proof by any means.

Article #16: Provision

The provision of the service (otherwise called its delivery) is immediate, or requires a short delay. This delay cannot, however, exceed 7 days. Any claim not made within the rules defined in the dedicated section of these general conditions and within the time limits imparted cannot be taken into account and will release the company Mise En Prod from any liability towards the buyer. On receipt of a valid claim, the company Mise En Prod will communicate by email or by phone to the buyer the reimbursement or order modification terms.

Article #17: Cancellation

In accordance with article L.221-28 of the Consumer Code, Mise En Prod providing access to an online tool, with initial and/or regular billing according to terms specified in the section specifying the software access conditions of these general conditions, the site is eligible for withdrawal, but this cannot result in the reimbursement of the amount already paid for the period already elapsed. It will therefore be a cancellation, with cancellation of the contract and thus future payments. And acceptance of these conditions entails acceptance of the loss, as a result, of the legal right of withdrawal established in the aforementioned article. In the event of a breach by one of the parties (Customer or Site Publisher) of its contractual obligations, the contract may be terminated as of right by the other party after sending a formal notice letter sent by registered mail with acknowledgment of receipt which remained without effect. The formal notice will indicate the failure(s) observed. In the event of a cancellation, the Site will inform the Customer of the upcoming termination of their subscription and the Customer will cease using all access codes to the application solutions and services. Total or partial inability to use the Service, notably due to hardware incompatibility, cannot give rise to any compensation, reimbursement or questioning of the publisher's liability, except in the case of a proven hidden defect, non-compliance, defectiveness or exercise of the right of withdrawal. In case of non-provision of an order or part of an order, the customer has a maximum of six months (from the date of access to the online service) to come forward. Beyond this period no claim will be accepted.

Article #18: Archiving

Mise En Prod will archive invoices on a reliable and durable support constituting a faithful copy. Computerized registers will be considered by the parties as proof of communications, orders, payments and transactions occurring between the parties

Article #19: Conditions for access to the solution

This site provides the User with a solution on its server, accessible via the internet network. The different solution programs proposed and the corresponding subscription conditions are presented on the site's offer pages. Depending on the offer chosen, the site will communicate to the user the duration of their subscription. The site carries out the saving and security of data. The site concedes to the user a personal, non-exclusive, non-assignable and non-transferable right to use the solutions, throughout the duration of the contract and for the whole world. The user can only use the application services and solutions in accordance with their needs and their documentation. In particular, the license relating to the solutions is only granted for the sole and unique purpose of allowing the user to use the services, to the exclusion of any other purpose. The right of use means the right to represent and implement the application services in accordance with their destination, in SaaS mode ("Software as a Service") via a connection to an electronic communications network. The user can under no circumstances make the solutions available to a third party, and strictly refrains from any other use, in particular any adaptation, modification, translation, arrangement, distribution, decompilation, without this list being exhaustive. If the site puts in place a minimum subscription commitment for some of its offers, this will be clearly and distinctly stipulated on the offer page and during the subscription process.

Article #20: Payment

The different solution programs offered and their corresponding subscription prices are presented on the offer or price pages of the site.

The site specifies on these pages if the billing is by period (daily, monthly, annually, any period started being due, unless otherwise indicated, by the customer), or else fixed according to a level of resource use (any resource unit started being due, unless otherwise indicated, by the customer), or any other access route, specified on said page.

The billing method is likewise specified on the offer or price pages of the site, or failing that in the section concerning the conditions for access to the solution of these general conditions.

In the case of automatic debit, the site will specify to the customer in the payment interface the date of the debit, its amount, and the frequency.

Article #21: Restitution of data

In the event of termination of the contractual relationship, whatever the cause, the site publisher undertakes to destroy or restore, at the Customer's choice, upon the first request thereof formulated by registered letter with acknowledgment of receipt, all the data belonging to them in a standard format legible without difficulty in an equivalent environment; possibly the precise format of the data can be specified during exchanges between the site and the customer. The customer will actively collaborate with the site in order to facilitate data recovery. The site will ensure that the customer can continue to operate the data, without interruption, directly or with the assistance of another provider.

Article #22: Framing of the conditions

If any provision of these general conditions is deemed illegal, void or for any other reason inapplicable, then that provision shall be deemed divisible from the general conditions and shall not affect the validity and applicability of the remaining provisions. These present conditions describe the entire agreement between the user and the website. They replace all prior or contemporaneous written or oral agreements. The general conditions are not assignable, transferable or sublicensable by the user themselves. A printed version of the general conditions and of any notice given in electronic form may be requested in judicial or administrative proceedings related to the general conditions. The parties agree that all correspondence relating to these general conditions must be written in the French language.

Article #23: Notifications

Any notification or notice concerning these general conditions, the legal notice or the personal data charter must be made in writing and must be delivered in person, by registered or certified mail, by Post or any other nationally recognized messaging service that allows tracking of its packages, or else by email to the addresses indicated in the legal notice of the site, specifying your names, first names, contact details and the subject of the notice.

Article #24: Inaccuracies

It may be possible that, throughout the website and the services offered, and to a limited extent, there are inaccuracies or errors, or information that is in disagreement with the general conditions, the legal notice or the personal data charter. In addition, it is possible that unauthorized modifications are made by third parties on the site or on related services (social networks...). We make every effort to ensure that these kinds of deviations are corrected. In the event that such a situation escapes us, please contact us by postal mail or by mail at the addresses indicated in the legal notice of the site with, if possible, a description of the error and the location (URL), as well as sufficient information to allow us to contact you. For requests relating to copyright, please refer to the section on intellectual property.

Article #25: Claims

Any claim related to the use of the site, its services or any other linked service, the site's pages on possible social networks or the general conditions, legal notice or personal data charter must be filed within 365 days following the day of origin of the problem source of the claim, regardless of any law or rule of law to the contrary. In the event that such a claim has not been filed within the following 365 days, such a claim will be forever inapplicable in court.

Article #26: Statistical processing

By subscribing to and using Store Commander Apps, you authorize us to use your shop's data for statistical purposes, and once they have been rendered anonymous, to transfer or assign the corresponding statistical results to any person. If you do not want to authorize Mise En Prod to use your shop's data for statistical purposes, you must notify us by registered mail addressed to Mise En Prod.

Article #27: Language and interpretation

These general conditions are written in the French language. They may be translated into one or more foreign languages for convenience. In case of contradiction, ambiguity or discrepancy in interpretation between the French version and any translated version, the French version shall prevail and take precedence.

General Terms and Conditions of Sale and Use