(updated frebruary 16, 2016)
These terms and conditions of use (hereinafter, the "Terms") detail all the provisions applicable to products and services offered on the website www.presta-magician.com (hereinafter, the " Site "). The Terms are posted on the Site. The customer declares to have read and accepted, the purchase of products and use services provided by VINUM MASTER / PRESTA MAGICIAN society taking acceptance and adherence unconditional and express the client to these Terms and, where appropriate, to contract documents supplementing or amending those existing Terms.
Customer : person or entity having full legal capacity at the purchase of product or using the Services offered by the company Vinum Master / PRESTA MAGICIAN and / or person (s) Physical (s ) user (s) of these same products and services under the responsibility of the customer.
Contract: These Terms and all contract documents supplementing and / or amend these (conditions of sale, purchase order, ...).
Services: means individually or collectively as services including but not limited to the installation of modules, support, product certification ( s), auditing and consulting.
physical product: any type of physical asset that can be offered to the Customer by the company Vinum Master / PRESTA MAGICIAN as part of its business.
Physical product: any type of physical asset that can be offered to the Customer by the company Vinum Master / PRESTA MAGICIAN as part of its business.
Virtual Product: any type of material product can be offered to the Customer by the Company and its partners, including, without limitation, module, theme graphics, video, logo, template, e-book. ..
Partner: person or entity offering products through del'entreprise Vinum Maste / PRESTA MAGICIAN r. Services
Customer services: all services of technical, commercial or for any claim, made available by Vinum Master / PRESTA MAGICIAN to its Customers at:
Vinum Master / PRESTA MAGICIAN - Le Fuary - 04270 Estoublon - FRANCE - Tel. : +33 (0) 4 92 34 96 61
The Terms are intended to define the terms and conditions of supply of Products and Services offered by the Company and / or products of its partners including the Customer to enable it to publish, present and market its own products on the Internet and provide for the possibility of a payment via the Internet or another payment channel. The Terms also determine the terms and conditions of supply of products to the company by its Vinum Master / PRESTA MAGICIAN Partners.
site www.presta-magician.com is an online store, offering services, products of physical and virtual products developed by society Vinum Master / PRESTA MAGICIAN or its Partners. Financial terms related to sales of products on behalf of the Partners are detailed in section 3.3 of these Terms.
The Customer have read and accepted these Terms before placing the order. The validation of the order implies acceptance of these Terms. Unless proved otherwise, the data recorded by the Vinum Master / PRESTA MAGICIAN is proof of all transactions with the Customer. The Client must verify the completeness and adequacy of information provided to the Company during the order, including billing address. The company Vinum Master / PRESTA MAGICIAN can not be held responsible for any data entry errors and resulting consequences.
Customer may make payment of their purchases by credit card through PayPal society. The company Vinum Master / PRESTA MAGICIAN reserves the right to block a transaction time to do checks against fraud. We are not liable to VAT (Art.293B the french CGI).
The company Vinum Master / PRESTA MAGICIAN all cash payments made on the Site. For every purchase of a virtual product of its partners, the Company takes a commission of thirty percent (30%) of the price of the virtual product. Partners can claim the amount they are due the 5th of each month following conditions:
- Payment of Virtual Product was received there more than forty-five (45) days
- The sale was not canceled
- The total amount due to the Partner is at least one hundred (100) euros
Any requests made outside of this date will be processed but will be automatically carried forward to next month.
Payment is by check, bank transfer from France or via a PayPal account and all fees generated for which payment shall be borne by the Partner. The company Vinum Master / PRESTA MAGICIAN reserves the right to cancel any transaction for a product sold by a particular partner, but not exclusively, in cases of suspected fraud. The company Vinum Master / PRESTA MAGICIAN has no justification to provide the Partner and the Partner shall in no case require the repayment of his commission for the transaction.
The company reserves the right to refuse to offer for sale any Product on the Site without having to make virtual justification. Any refusal to Virtual Products is a sovereign decision of the company Vinum Master / PRESTA MAGICIAN not subject to appeal. The company Vinum Master / PRESTA MAGICIAN reserves the right to suspend the account of a partner for a certain period, thus limiting its actions, for any legitimate reason, including but not limited to cases of suspected fraud. Partners can sell their virtual products in other media and distribution channels than those offered by the Company. However, they do not have the right to use their capacity as partner of the Company or any other reference to, or www.presta-magician.com, for advertising and promotions to sell their products on the other virtual channels . The selling price of Virtual Products Partners on other channels must be equivalent to the price they are offered on the website of the company Vinum Master / PRESTA MAGICIAN . The company Vinum Master / PRESTA MAGICIAN has the right (but not the obligation) in its sole discretion, at any time to control the virtual products offered by its partners, particularly as to their legality and compliance with the provisions below. May not be offered as virtual products within the scope of the law. Particular, it is the partner to ensure that its products is not virtual (i) a violation of intellectual property rights of third parties (in particular, any reproduction of intellectual work whatever the Partner has not personally performed or for which he does not have the necessary permission from rights holders or any third party copyright holder thereof), (ii) a violation of industrial property rights (trademarks, designs, patents , etc..), (iii) a personal injury (right of publicity, defamation, insults, abuse, etc..) and respect for privacy, (iv) a breach of public order and morality (apology for crimes against humanity, incitement to racial hatred, obscenity, pornography, etc..). Thus, the Partner warrants that it owns its virtual product and the resources used by it (images, external libraries ...) or has obtained the necessary licenses, and he has permission from any person represented in the contents of the virtual product. The Partner guarantees the Company against any action, claim, or third party claims in connection with all of the above and including but not limited to those who would question the use of Virtual Products. The company Vinum Master / PRESTA MAGICIAN reserves the right to pass any information relating to the use of its services, including but not limited to those referred to in Article 13 hereof, the competent authorities responsible for enforcing the law, and in this the conditions mentioned in this article. The company Vinum Master / PRESTA MAGICIAN reserves the right to advertise products related to its Virtual Partner without paying any compensation to them. As such, the Partner authorizes the company Vinum Master / PRESTA MAGICIAN , without financial compensation, to use the trademarks and logos on its virtual products. The company Vinum Master / PRESTA MAGICIAN reserves the right to make changes to the Contract. Changes will be effective and deemed accepted by the Partner, the Partner submits immediately if a new virtual product or within 7 days after the change if it continues to use the services of the company Vinum Master / PRESTA MAGICIAN .
The company Vinum Master / PRESTA MAGICIAN sells virtual products on behalf of its partners on the Site. Accordingly, the Partner expressly authorizes the company to Vinum Master / PRESTA MAGICIAN to sell virtual products online it has submitted to it. It retains the intellectual property of its products and virtual business Vinum Master / PRESTA MAGICIAN is committed to not using it for its own account or to sell them under conditions other than those stated in section 3. Partner and / or the Company grants each Customer who has purchased a product a virtual license to use, and a non-exclusive and worldwide. This license is valid only once for a single e-commerce store. No assignment of rights is hereby granted to the Customer by the Partner. It is also forbidden for the Customer to resell or use in other virtual shops Products purchased on www.presta-magician.com. This restriction includes all resources provided with the virtual product. The company Vinum Master / PRESTA MAGICIAN also reserves the right to purchase virtual products on behalf of its clients.
Unless legal provisions in force, the Site and the features offered by it are provided as is without warranty. Vinum Master / PRESTA MAGICIAN Company assumes no liability for downloading computer viruses or similar code from the Site. Third parties who can speak on the Site are not spokespersons for the company Vinum Master / PRESTA MAGICIAN and their views do not necessarily reflect the views of the company Vinum Master / PRESTA MAGICIAN . The company Vinum Master / PRESTA MAGICIAN disclaims any liability for lost or stolen password, ID, or account information by the user through the site. It also assumes no responsibility for any loss of content or data, or damage related to the use of identifiers by a third party. Vinum Master / PRESTA MAGICIAN Company assumes no responsibility regarding the misuse, loss, theft, modification or unavailability of any of its content partners, including, without limitation banks images, external resources, the modules , videos, and the consequences that might ensue.
Except for its obligations as vendor (implied warranty and guarantee of product compliance) or under any other provision of law in force, the company Vinum Master / PRESTA MAGICIAN
does not assume responsibility Virtual Products provided by its partners. In case of malfunction of the product of a Virtual Partner, it shall remain fully responsible for the changes requested by the Customer. Vinum Master / PRESTA MAGICIAN Company assumes no liability for downloading computer viruses or similar code from the downloaded Virtual Products on the Site. The company Vinum Master / PRESTA MAGICIAN disclaims any liability for loss or theft of user data, or any type of damage, when using the downloaded Virtual Products on the Site. The company Vinum Master / PRESTA MAGICIAN disclaims all liability for dysfunction related to a service operated on the Site including but not limited to, installation of shops and modules, research and bug fixes (bugs), specific developments. Unless otherwise stated, installation, support and updates are not included with the purchase and download of Virtual Products. Compatibility with future versions of PrestaShop is not assured. The site can be accessed from all countries without content is available for that country. The company Vinum Master / PRESTA MAGICIAN has no obligation to include this information and does not guarantee that the virtual and physical products are tailored to countries other than those for which they were designed.
delivery deadline shall notify the client prior to confirming the order, given the choice of carrier desired. Delivery times apply are those indicated in the order validation. However, any orders paid by bank transfer will be processed upon receipt of deposit. Shipping delays must be recalculated from the date of registration of this settlement. The virtual products can be downloaded from the Site immediately upon receipt and confirmation of payment. The Customer is aware that the download of its purchases is related to the constraints of Internet use and the Company is not responsible for any difficulties in accessing the data it makes available. Unless otherwise stated the company Vinum Master / PRESTA MAGICIAN , the performance of the Services is subject to a period of five (5) working days from receipt of all necessary elements. This period may be extended if the intervention of an outsider is needed, including but not limited to the Internet host, the bank or other provider of the Customer.
physical or virtual products, and / or services can be offered as part of this to consumers, the customer is informed, where appropriate, in accordance with existing provisions of law consumption, it has a right of withdrawal he may exercise within fourteen (14) days of acceptance of the Agreement. In this case, the Customer will not have to give reasons or pay penalties, excluding any costs of return in case of sale of physical products. However, the Client will not benefit from this right of withdrawal in the event that the execution of the supply of products or services started by the end of that period of fourteen (14) days. Particular, purchases of virtual products are inherently firm and final, they will not give rise to exchange, redemption or exercise of a right of withdrawal. However, the Company agrees to refund or exchange the damaged virtual products, including latent defects or do not match the description offered on the Site. Also excluded from the right to cancel the audio or video recordings and computer software when they have been unsealed by the Customer, as well as physical products manufactured according to customer specifications or clearly personalized. The Customer who has exercised his right of withdrawal for a physical product should return it in its original packaging and in good condition, the address to be indicated parl'entreprise Vinum Master / PRESTA MAGICIAN .
Refund of products covered by Article 8 of these Terms is performed within a maximum of 14 days from the date the right was exercised. Repayment shall be made on a proposal from the company Vinum Master / PRESTA MAGICIAN by crediting the Customer's bank account, bank transfer sent to the customer who placed the order or via the company Paypal or PayPlug.
The purchase of virtual and physical products can be fully automatically without action by the company Vinum Master / PRESTA MAGICIAN . The company Vinum Master / PRESTA MAGICIAN fulfills his duty to advise:
- through commercial support via email and phone number and the address indicated on the Site.
- By the presence site of a detailed description of the virtual or physical product and, where appropriate, the necessary configuration required to use it.
These Terms are governed by French law. The Parties shall endeavor to resolve any dispute relating to the services of the Company covered by the Terms amicably. In case of disagreement, the dispute fall within the exclusive jurisdiction of the Courts of Digne les Bains (France).
Any user of the site has a duty to report any breach of license or improper use of Virtual Products offered parl'entreprise Vinum Master / PRESTA MAGICIAN . In case of copyright infringement by a product offered for sale on the Website by the company Vinum Master / PRESTA MAGICIAN , a notification must be made in that email sent to the Company at the following address: email@example.com stating in the subject copyright. In case of abuse, the user will be liable for costs incurred by the cons-notification.
information and customer data are necessary for the Society for order management and trade relations. They can be sent to companies that contribute to order processing, including online payment. This information is also stored for security purposes and to better tailor offers made to the Customer. Under the law relating to data, files and liberties of 6 January 1978, the Customer has a right to access, rectify and delete information collected about the Company under its activity. These rights may be exercised directly on the Site or by sending a letter to the company Vinum Master / PRESTA MAGICIAN : Le Fuary Estoublon 04270 (France). Customer can choose when creating or consulting its account to receive offers from the company Vinum Master / PRESTA MAGICIAN or partner companies. The Customer may at any time change its preferences on the "personal information" of his account. The Site implements an automated process for a cookie to the Customer's computer to record information about the navigation of the computer on the Site. The Customer may nevertheless oppose the "cookies" by configuring their browser to that effect. Finally, the Customer acknowledges that the Company may, in accordance with its legal obligations to disclose personal data relating to the legal procedures (legal requisitions, etc..).
The company undertakes Vinum Master / PRESTA MAGICIAN in light of current technology to maintain the best possible conditions in the services offered on the Site. However, it can not be held liable for any interruption of the Site due to a force majeure, due to a third of a client, as well as uncertainties arising from the technique. Responsibility of the Company can not be retained in case of breach of contractual obligations due to unforeseen circumstances, irresistible and beyond the control of the parties. The Parties acknowledge, but not limited to, conventionally, one another, as indicated, including either force majeure or fortuitous event, or because a third party, the damage which their origins or their causes in: the natural disasters, fires, floods, lightning, electrical surges, strikes, stoppages of electricity supply, the failure of the telecommunications network, the civil or foreign wars, riots or civil commotion, terrorist attacks, regulatory restrictions related to the provision of telecommunications services, loss of connectivity and connection due to public and private operators whose dépendl'entreprise Vinum Master / PRESTA MAGICIAN . These force majeure shall suspend the obligations of the Company mentioned in the TOS, for the duration of their existence. However, if an event of force majeure lasts longer than three (3) months, one or the other Party would be entitled to terminate their relationship, and after sending a letter by registered mail with receiving, giving notice of such decision.