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General Terms and Conditions of Sale

Preamble

These General Terms and Conditions of Sale (also referred to as the “GTCS”) govern the terms and conditions under which the company BoutikOne® (also referred to as the “SERVICE SUPPLIER”) provides its services to an individual or legal entity with the capacity to contract (referred to as the “CLIENT”) for the creation of a website or an online store (referred to as the “WEBSITE”) or any other internet service. Please note that the commercial information displayed on the www.boutikone.com website, as well as these general terms and conditions, may be modified at any time without prior notice.

Article 1 – Scope of services offered to the customer

The SERVICE SUPPLIER offers services for the creation, redesign and migration of websites, and more specifically online stores (e-commerce), mainly using the CMS (Customer Management System) “WordPress”. WordPress”(https://fr.wordpress.com/). The SERVICE SUPPLIER’s services also include design, SEO, online advertising and other services associated with digital marketing.

All orders placed with the service provider imply unreserved acceptance of these G.S.T..

Furthermore, and unless otherwise specified, the CLIENT understands that delivery of the WEBSITE does not include the insertion of content or products. The SERVICE SUPPLIER delivers a store with no content, and it is up to the CLIENT to add his own content (photos, product descriptions, etc.) via a dedicated interface, access to which will be communicated once the project has been delivered.

Article 2 – Hosting services and domain name

The creation of a WEBSITE requires web hosting and the registration of a domain name, which entails annual fees. The CLIENT is free to recommend a supplier of its choice to the SERVICE SUPPLIER, or to choose the hosting and domain name registration package offered by the SERVICE SUPPLIER.

The CLIENT acknowledges that the SERVICE SUPPLIER delegates the hosting of the WEBSITE to hosting professionals and advises the customer on the best choices to be made in terms of disk space and traffic, both at launch and during the operation of the WEBSITE. Planethoster(https://www.planethoster.com/fr/) is the usual provider of hosting services and domain name registration for the CLIENT.

If the authorized disk space and/or the monthly allotted traffic are exceeded and/or the server resources are used excessively, the CLIENT will be invited to choose a hosting solution that is better suited to the development of its business.

The SERVICE SUPPLIER undertakes to use its best efforts to ensure that the hosting provider chosen by the SERVICE SUPPLIER ensures maximum availability of the services offered and limits as far as possible the number and duration of service interruptions. In this respect, the CLIENT acknowledges and accepts that it may be necessary for the hosting service to be interrupted and that its WEBSITE may become temporarily inaccessible. However, the SERVICE SUPPLIER cannot be held responsible for any damage or financial loss suffered by the CLIENT as a result of the servers being unavailable. The SERVICE SUPPLIER is under no obligation to repair or compensate for a problem of accessibility to its services. Furthermore, the SERVICE SUPPLIER shall not be held liable in the event of unavailability of the CLIENT’s WEBSITE in the event of force majeure or a catastrophic event, such as a fire or destruction of a datacenter, a cut in undersea Internet cables, a worldwide network problem, large-scale cyber-attacks… etc.

The SERVICE SUPPLIER, as agent, declines all responsibility for domain names registered on behalf of the CLIENT, particularly with regard to their availability. It is therefore the customer’s responsibility to carry out the necessary searches to ensure that the names are available and that they do not contravene national and/or international laws in force, in particular for the protection of trademarks, names and copyrights.

When reserving a domain name through the SERVICE SUPPLIER, the CLIENT acknowledges and accepts that its personal data may be communicated to third parties in order to process its order. As domain registration and renewal is an automated computer process dependent on third parties (also known as “Registar”), the CLIENT acknowledges that domain registration and renewal may occasionally fail. It is the customer’s responsibility to notify the SERVICE SUPPLIER of any failed registration or renewal of the domain ordered within 48 hours of payment.

If the customer chooses to take charge of the administrative management of his domain, the SERVICE SUPPLIER accepts no responsibility for the consequences of non-payment of fees (interruption of access to services, loss of the domain name, re-registration costs, etc.).

Any failure to pay by the due date for a store or website hosted by the SERVICE SUPPLIER will automatically result in suspension of the service and, after 90 days from the due payment date, total deletion of files and data from the customer’s store. The SERVICE SUPPLIER may terminate a hosting contract at any time, for any reason and without notice. In order to protect the servers hosting the online stores, the SERVICE SUPPLIER reserves the right to suspend a site if it executes PHP requests requiring excessive server resources or containing code errors (infinite loops, for example).

It is the CLIENT’s responsibility to make regular backups of its site and database. You are responsible for your WEBSITE and the SERVICE SUPPLIER cannot be held responsible for any damage or loss of data. Please also note that the “newsletter sending” service, as well as the sending of e-mails through our servers, is limited to 150 e-mails per hour. We advise you to use the services of a specialized service provider to send newsletters at a rate exceeding 150 e-mails per hour.

Article 3 – Warranties and liabilities

The SERVICE SUPPLIER provides free technical support by e-mail and telephone, accessible Monday to Friday from 9am to 2pm, French time, for 6 months after delivery of the WEBSITE. Support is not available outside the above-mentioned hours. The licensee acknowledges and accepts that the service may be interrupted and grants the SERVICE SUPPLIER the impossibility of responding immediately in the event of a temporary increase in activity during the aforementioned opening hours. The SERVICE SUPPLIER reserves the right to limit or refuse free technical assistance, particularly if the customer makes improper use of the support service offered. It is the licensee’s responsibility to leave a message by support ticket so that the SERVICE SUPPLIER can intervene as quickly as possible. Technical support can be accessed at https://membres.boutikone.eu/supporttickets.php (registration required).

The SERVICE SUPPLIER guarantees the correct operation of its services under the following requirements: minimum client/server requirements: PHP Version 7+. The SERVICE SUPPLIER guarantees the operation and operability of its e-commerce solutions as soon as they are installed (generally within 48 hours of receiving the CLIENT’s order, unless otherwise specified) and for a reasonable period of operation, which may not exceed one year. The SERVICE SUPPLIER will not be held responsible for any future incompatibility of its e-commerce solutions. It is the CLIENT’s responsibility to take all appropriate measures to protect its data. Under no circumstances may the SERVICE SUPPLIER be held liable for any commercial, financial or other loss caused directly or indirectly by the use and operation of its e-commerce solutions. The SERVICE SUPPLIER is not responsible for technical delays on the server side or related to the purchase and/or transfer of a domain name. In the event that the CLIENT wishes to take on the hosting service itself with a third party, the SERVICE SUPPLIER is not liable for poor hardware or software configuration on the client or server side, or for problems related to obsolete hardware or software. The CLIENT is responsible for any mishandling, modification or deletion of source files, and for the use made of its WEBSITE and the results obtained. Selling involves management and visibility on the Web, and the SERVICE SUPPLIER provides a tool that the CLIENT must learn to use and maintain. The SERVICE SUPPLIER is therefore not responsible for the profitability of the CLIENT’s WEBSITE, nor, of course, for its non-profitability. The SERVICE SUPPLIER undertakes to provide a solution that can be referenced by search engines (e.g. Google or Yahoo), without however being held responsible for the referencing or non-referencing of the WEBSITE or of any information on the Internet relating to its activity. The SERVICE SUPPLIER assumes responsibility for the means and not for the results of the referencing service. The WEBSITE is provided “as is”, and the SERVICE SUPPLIER gives no explicit or implicit guarantee concerning a guarantee of adaptation to a particular purpose. Under no circumstances will the SERVICE SUPPLIER be held liable for indirect, actual, consequential or any other damages whatsoever arising from the use of the WEBSITE.

Article 4 – Return policy

As the SERVICE SUPPLIER’s services are similar to electronic products, no returns or refunds will be accepted following the use of our services.

Article 5 – Right of publicity

Unless otherwise notified in writing, the CLIENT authorizes the SERVICE SUPPLIER to quote its name as a reference for the promotion of the SERVICE SUPPLIER’s services. The SERVICE SUPPLIER authorizes itself to publish, for its own promotion and communication purposes, links or screenshots of services provided to its customers.

Article 6 – Property rights and copyright

The customer’s website is created by compiling several technologies, each of which is considered an original intellectual work protected as such by national and international legislation. As such, the licensee undertakes to respect the copyright and intellectual property notices of the various third-party technologies and resources used to create the website. These third-party technologies include

Article 6 – Restrictions on use

Any user licenses purchased on behalf of the CLIENT in order to perform the service are valid only for a single website associated with a domain name.

The CUSTOMER has the right to reproduce only for the purpose of making a backup copy when this is necessary to preserve the use of the application or its data. It is thus permitted to :

  • Modify/customize the design or source code of the WEBSITE to suit the CLIENT’s needs.
  • To use the WEBSITE for the sale of equipment or services that comply with local regulations.

However, it is forbidden to :

  • Remove or modify legal copyright notices in source code.
  • Rent, lease, lend, sublicense, transfer or sell any part of the source code of the WEBSITE or any of the rights hereunder to any person or entity other than the CLIENT.
  • Use any part of the source code to develop any other derivative application or service for distribution or marketing purposes.
  • Use the WEBSITE in a manner that promotes or encourages terrorism, software piracy, or any other form of harmful activity that does not comply with local regulations.
  • Hosting, distributing or transferring the source code without the express authorization of the SERVICE SUPPLIER or third parties holding intellectual property rights to the source code.

Article 7 – Acceptance of the G.S.C.

It is the CLIENT’s responsibility to ensure that the WEBSITE complies with the terms and conditions of this agreement and to request prior permission from the SERVICE SUPPLIER to use the product for purposes that are not authorized or specified in this agreement. Any order placed with the SERVICE SUPPLIER implies full acceptance of these T.G.V. These T.G.V. are governed by French law: any dispute relating to the validity, interpretation, performance or contestation of this agreement shall be submitted, in the absence of amicable agreement, even in the event of summary proceedings, to the Paris Tribunal de Grande Instance, to which the parties attribute exclusive territorial jurisdiction regardless of the place of use of the service or the domicile of the defendant. For further information, please contact us via the contact form, heading “Contact”.

Conditions applicable to 05/03/2024 and subject to change without notice.