General terms and conditions of sale and use
ARTICLE 1 – PURPOSE OF THE CONTRACT
1-1- This Agreement is entered into by and between the user named User, on the one hand, and SHOPCAISSE, whose SIREN is 802 812 065, having its registered office at 9 rue Christiaan Huygens 25000 BESANCON, named Publisher, on the other hand. 1-2- The purpose of these terms and conditions is to define the conditions under which SHOPCAISSE publishes an “EASYSHOP” application and offers, via this Application, free and paid Services intended for the public. The terms and conditions described below are also intended to set the rules for use of the application by the user and the obligations of SHOPCAISSE. 1-3- These Terms and Conditions are also available online on the SHOPCAISSE website www.easyshop.com. 1-4- The present document will be modified by right in case of evolution of the national or European legislation. 1-5- SHOPCAISSE software is certified for the law n° 2015-1785 of December 29, 2015 of finances for 2016 implemented on January 1, 2018. SHOPCAISSE software is certified NF 525 Logiciel de l’encaissement by AFNOR.
ARTICLE 2 – DEFINITIONS
SUBSCRIPTION: refers to any subscription to a service offer made available for a price and a fixed or indefinite period. CONTENT: refers to all the information accessible on the Site, in particular the general structure, the texts, the hypertext links, the distinctive signs, brands, logos, etc. ACCESS CODES: refers to the User’s identifier and connection password provided at the time of registration, enabling him/her to identify himself/herself and to connect to the various subscribed services provided on the Site. ACCOUNT: refers to the space made available to the Registered User or Subscriber on the Site, allowing him/her to access, after having identified himself/herself by his/her Access Codes, all data concerning him/her. LICENSE: the publisher grants all or part of the rights conferred by its copyright on the application. This license is granted for the Application by SHOPCAISSE is limited to a non-transferable license to use the Application on an iPad owned by the user and as permitted by these Terms and Conditions. This license does not allow the Application to be used on multiple devices simultaneously. SHOPCAISSE SOFTWARE: The main cash register software only works on IPad tablets. SHOPCAISSE SOFTWARE ACCESSORIES: These additional functions are available if you have a PREMIUM license for SHOPCAISSE Software. These accessories work on all iOS devices. ORDER: refers to any order for merchandise accepted by SHOPCAISSE.
GENERAL CONDITIONS OF SALE OF THE APPLICATION
ARTICLE 3 – ACCEPTANCE OF THE CONDITIONS
3-1- The user acknowledges having read the General Conditions in force, having been able to ask the publisher for any clarification he or she wished and acknowledges having accepted the said Conditions with full knowledge of the facts, without any reservation. 3-2- These General Conditions shall prevail over any other condition appearing in any other document, cancel and replace any previous written or verbal agreement, correspondence or proposal, except prior, express and written derogation. 3-3- Any connection to the application, the consultation and the use of its Contents are carried out within the framework of the present conditions which aim at fixing the methods of use of the Services and Contents. 3-4- In the event that a User refuses to adhere to these terms, he/she must refrain from any access to the application. 3-5- The general conditions applicable are those in force at the date of each connection of the User to the digital application. 3-6- It is specified that SHOPCAISSE may freely change the terms and conditions at any time. These modifications are brought to the attention of the Users by the simple fact that they are put online. Consequently, they are deemed to be accepted without reservation by any User accessing the digital application after they have been put online. Consequently, the User is invited to refer to them each time he/she visits the site in order to be aware of the latest version available on the digital application. 3-7- If changes are made to the data processing rules, the User who has created a User Account will be informed and his consent will be requested. 3-8- Additional sales subscribed separately constitute contracts accessory to the Sales Contract. They follow the regime of the latter, except as mentioned in the order acknowledgement.
ARTICLE 4 – MODIFICATIONS TO THE APPLICATION
4-1- SHOPCAISSE may freely update the Application at any time in order to adapt it (or them) to changes in mobile terminals and tablets running the iOS operating system and/or their operation. 4-2- The LITE (free) version may be subject to changes in functionality at the sole discretion of SHOPCAISSE.
ARTICLE 5 – SPECIFIC CONDITIONS
5-1- Access to certain Services from the application may be subject to the acceptance of specific conditions of use and/or sale to which any User wishing to access said services must adhere. 5-2- In the event of a contradiction between the present general conditions and the said specific conditions, the specific conditions shall prevail over the general conditions.
ARTICLE 6 – ACCESS AND USE
6-1- The equipment (IPad tablet, telephone, telecommunication means…) allowing access to the application are at the exclusive charge of the user, as well as the telecommunication costs incurred by their use. 6-2- SHOPCAISSE undertakes to use its best efforts to secure access, consultation and use of the Application in accordance with the rules of use of the Internet. 6-3- The application is accessible from a tablet, a smartphone, under the iOS operating system. 6-4- The Application is accessible 24 hours a day, 7 days a week, except in cases of force majeure or the occurrence of an event beyond the control of SHOPCAISSE and subject to any breakdowns and maintenance necessary for the proper functioning of the Application and causing interruptions. 6-5- SHOPCAISSE may at any time modify, temporarily suspend, or perform maintenance without prior notice to Users. 6-6- The use and consultation of the Content or APP STORE may result in access or data consumption charges from third parties (such as the Internet service provider or mobile operator). 6-7- SHOPCAISSE does not guarantee compliance with the laws of countries other than France and Belgium; consequently, it is the responsibility of the User to ensure that its use complies with the laws of the applicable country.
ARTICLE 7 – CREATION OF THE USER ACCOUNT
7-1- Prior registration: To access the application, the user must create an account. This registration is free. 7-2- If the User fails to provide the information mentioned as mandatory, the validation of the creation of the User Account will not be possible. 7-3- These personal data are collected and stored with the consent of the User and will be processed as defined in the article PERSONAL DATA. 7-4- The User also undertakes to provide only accurate and up-to-date information and in particular not to use an e-mail address that could infringe the rights of third parties (in particular the use of a third party’s surname, a third party’s pseudonym or a third party’s registered trademark, or works protected by intellectual property law). 7-5- SHOPCAISSE reserves the right to refuse any registration that does not comply with the above conditions. In the event that the User provides inaccurate, outdated or incomplete information, SHOPCAISSE reserves the right to suspend or block or prevent, under the conditions set forth in these Terms and Conditions, access to the Account 7-6- In the event that the data to enable the creation of the User Account does not reach SHOPCAISSE, the latter shall not be held liable. The same shall apply if the data is partially unreadable due to incompatibilities or technical failures attributable to the User’s installations (Internet server, hardware, software, etc.). 7-7- Confirmation of registration: SHOPCAISSE will automatically send the User an e-mail informing him/her of the creation of his/her User Account, and will at that time communicate his/her access codes (login and password). 7-8- The use by the User of his Account is valid for an indefinite period. SHOPCAISSE reserves the right to terminate this Agreement at any time without notice, should the User fail to comply with these Terms and Conditions.
ARTICLE 8 – ACCESS CODE
8-1- The Access Codes allow the User to identify himself and to connect to his Account on all the Digital Media. 8-2- The User’s login and password are strictly personal and confidential. The User is solely responsible for the safekeeping and use of his Access Codes. 8-3- Any connection to the application via a User Account and/or transmission of data made using a User Account will be deemed to have been made by the User and under his exclusive responsibility. The User undertakes to keep his Access Codes secret and to refrain from disclosing them in any form whatsoever to third parties. 8-4- In the event of loss, accidental disclosure or misappropriation of login details, the User undertakes to inform SHOPCAISSE without delay of the unauthorized use of its User Account by email email@example.com. 8-5- Any loss, theft, misappropriation or unauthorized use of Access Codes and their consequences are the responsibility of the User.
ARTICLE 9 – DATA BACKUP
9-1- The Subscriber also has a history on his Account that he can consult on his tablet, but which will be deleted if he uninstalls the application. 9-2- PREMIUM subscribers benefit from a backup made on SHOPCAISSE’s computers, which can be retrieved upon request to SHOPCAISSE in the event of reinstallation of the software. 9-3- The backup is daily except in case of force majeure (malfunction…). However, for the backup to be effective, the user must open the application and be connected to the Internet. 9-4- The backup capacity depends on the storage capacity of the tablet and it is the user’s responsibility to personally check if the capacity of the tablet is sufficient. 9-5- The personal data collected will be kept throughout the commercial relationship between SHOPCAISSE and the Subscriber, and for a period of 1 year from the last voluntary and positive act on the part of the Subscriber. 9-6- Subscribers are advised to personally save their data on a daily basis using the “export” function integrated into the SHOPCAISSE software.
ARTICLE 10 – SERVICES PROVIDED BY THE PROVIDER
10-1- Once the registration has been validated, the user will be offered one month of PREMIUM membership and will be able to use all the services. 10-2- After the first month, the user has the option of: – Subscribing to the PREMIUM version – Continuing to use the application in the LITE version (limited tools and services) 10-3- LITE version: 10-3-1- This version is free of charge, except for the operator’s subscription fee and any additional costs charged by the operator for loading and sending data. As the use of this Application may result in significant data consumption, SHOPCAISSE recommends checking with the user’s mobile operator that he/she has a subscription adapted to this use. 10-3-2- The publisher has the possibility at any time to change the free services into paying services. 10-4- PREMIUM version: users are informed that a SHOPCAISSE license is valid for one IPad tablet only.
ARTICLE 11 – SUBSCRIPTION TO THE PREMIUM MEMBERSHIP
11-1- The user can : – Either take out a monthly subscription with no commitment. – Or take out a fixed-term subscription without tacit renewal. These fixed-term subscriptions are presented on the website at www.easyshop.com, as well as on the online store at https://www.easyshop.com11-2-. Description of the Order steps: In order to complete the Order, the user must follow the following steps: – Download the application via the website or directly on the App Store and create a user account – Fill in the information required for registration (including the elements needed for billing, phone number, SIRET, company name, VAT number …) – Check the elements of the Order and if necessary, identify and correct errors; – Validate the Order and the Price All Inclusive (“Validation of the order”) – Choose the online payment method and, if necessary, fill in a SEPA mandate, – Proceed with the payment (See article “Payment”) 11-3- An acknowledgement of receipt will be sent to the user at the email address he/she has indicated, confirming the Subscription, the price paid, the access codes to the User Account, as well as the present general terms and conditions that he/she may keep on a durable medium. 11-4- This confirmation constitutes acceptance of the order by SHOPCAISSE and validates the transaction subject to payment actually received by SHOPCAISSE. 11-5- However, in accordance with Article L. 122-1 of the Consumer Code, the Publisher reserves the right to refuse the Order if it is abnormal, placed in bad faith or for any other legitimate reason, and in particular, when there is a dispute with the Subscriber concerning the payment of a previous order. 11-6- The Subscriber acknowledges that the automatic recording systems of the Digital Media are proof of the nature, content and date of the order. The data recorded by the payment system constitutes proof of the financial transaction. 11-7- The Subscriber is prohibited from reselling the application in whole or in part.
ARTICLE 12 – RETENTION OF TITLE CLAUSE
12-1- SHOPCAISSE is the exclusive owner, worldwide, of all intellectual property rights relating to the structure and Contents of the Application. The present general conditions do not entail the transfer of any intellectual property right to the User, Subscriber or any third party whatsoever on the structure and/or on the Contents of the application. 12-2- The User acknowledges that the contents of the application contain information protected by the Intellectual Property Code. Thus, all texts, photos, videos, data, posters, logos, trademarks and other elements reproduced on the application are reserved and protected by intellectual property law, including copyright, neighboring rights, trademark rights. As such, and in accordance with the Intellectual Property Code, only private use within a family circle is authorized and any other use constitutes counterfeiting and/or infringement of related rights, sanctioned by the said Code. 12-3- Consequently, the user may not, in any way other than those expressly proposed and authorized from the application, reproduce, represent, distribute, market, modify, or concede all or part of any of the elements reproduced. 12-4- Any illicit use of all or part of the contents (piracy, counterfeiting, etc.) may give rise to legal proceedings. 12-5- The use of any automated system or software aimed at extracting and exploiting all or part of the Content, whether for commercial purposes or not, is prohibited. SHOPCAISSE reserves the right to (i) implement any protection system it deems appropriate to prevent or stop any automated or non-automated system or software and/or any action to extract or collect any data from the Application; and (ii) bring any action or claim necessary to prevent, stop and punish any infringement of its rights in the Content and/or the Application, including legal action, without prior notice. 12-6- The User also agrees not to use the Content in such a way as to infringe the rights of SHOPCAISSE and to comply with the tax requirements resulting from French Finance Act No. 2015-1785 of December 29, 2015 for 2016.
ARTICLE 13 – PAYMENT AND BILLING OF THE PREMIUM SUBSCRIPTION
13-1- Price – The PREMIUM offer is offered for sale as a subscription. The subscription prices are those in effect on the day of the subscription. They are denominated in euros and calculated exclusive of tax. As a result, they will be increased by the VAT rate. 13-2- Price revision – The publisher reserves the right to modify its prices at any time. However, it undertakes to invoice the subscription at the prices indicated at the time of subscription. 13-3- Billing: if the user has taken out a subscription: – Indefinite and monthly: payment will take place on the anniversary date of the contract – Definite: payment will be made in full when the order is placed. However, as an exception, for one-year and two-year contracts, the user has the option of paying in three installments: 40% when ordering, 30% on the first of the following month and 30% on the first of the second month. 13-4 – Payment : Payments are made by direct debit, PayPal or bank transfer, in arrears. The accepted credit cards are Carte Bleue, Visa and EuroCard/MasterCard. The transaction is immediately debited to the subscriber’s credit card after verification of the card’s data, upon receipt of the debit authorization from the credit card issuer used by the user. 13-5- Late payment: Any delay in payment of invoices for equipment or PREMIMUM subscriptions will automatically give rise to the payment of late penalties without any formal notice being required. The rate of late payment penalties is equal to the rate applied by the European Central Bank (ECB) to its most recent refinancing operation plus 10 percentage points (Article L. 441-6 of the French Commercial Code). In this case, the rate applicable during the first half of the year in question is the rate in effect on January 1 of that year. For the second half of the year in question, it is the rate in effect on July 1 of the year in question. This interest is calculated on the amount of the outstanding amount including VAT and runs from the due date until the debt is paid in full. Such interest shall be due even if SHOPCAISSE has suspended its obligations due to such late payment. 13-6- Miscellaneous costs related to a default in payment of the amounts due under the Sales Contract will also be charged. 13-7- Notwithstanding the payment of interest, any default or delay in payment (even partial) of the sums due by the user under the terms of the Equipment Sales Contract or PREMIUM subscription, persisting for more than (15) fifteen calendar days after notification of default or delay in payment sent to the user by e-mail, will automatically and without the need for any additional notification or formal notice result in: – The possibility for the publisher, immediately and without prior notice, to suspend all or part of the user’s orders (including those that have been paid), to refuse any new order and to terminate, by e-mail, the Contract in whole or in part and to suspend access to and use of the software. 13-8- In case of default or delay in payment, the user is liable for a fixed indemnity for collection costs, according to article 441-6 of the Commercial Code, of forty (40) euros, without prejudice to the possibility for the publisher to request, upon justification, an additional indemnity when the collection costs incurred are higher than the amount of the said fixed indemnity. 13-9- It is agreed between the parties that an automatic compensation to the benefit of the publisher will be made between the sums owed by the user to the seller and those which could be owed by the publisher to the user for any reason whatsoever under this Contract. 13-10- Penalty clause – The sums and penalties recovered by the publisher through litigation will be increased by a fixed compensation of 30% of their amount plus interest, as a penalty clause. 13-11- The legal costs and fees will be charged to the user. 13-12- Uniqueness of the contractual relations: the debts owed by the user under a Contract signed with the publisher may be transferred to any other Contract. 13-13- Dispute – An invoice that has not beeń disputed by the user within thirty (30) days from its date of issue shall be deemed accepted by the user in principle and in amount. A dispute by the user against the invoice can in no way exempt him from paying it. Any reduction of the disputed invoice will result iǹ the issuance of a credit note to be deducted from the next invoice after agreement of both parties. 13-14- Discount – No discount will be granted for early payment.
ARTICLE 14 – DURATION AND TERMINATION OF THE CONTRACT
14-1 – Duration of the contract: – LITE version: The contract takes effect from the date of subscription for an indefinite period. The free subscription is valid without time limit and is renewed monthly. – PREMIUM Version: The contract takes effect from the date of subscription for an indefinite or definite period depending on the option chosen by the user at the time of subscription. 14-2- Suspension: the contract can be suspended by the provider until full payment of the due fees, without this suspension of service stops the course of the fixed fee. During this suspension, the data already backed up remains stored on the provider’s IT infrastructure but the beneficiary can no longer store new backups. 14-3 – Limitation of the effects of the contract: If the provider notices anomalies of functioning due to abusive uses, it will be able to limit the commitments taken by the present contract. He/she must also inform the beneficiary of his/her intention to enforce this clause by registered letter with acknowledgement of receipt, as soon as the facts are established. 14-4- Termination of Contract: The subscriber has the right to unilaterally terminate the contract for any reason and at any time by sending an email to firstname.lastname@example.org, subject to one month’s notice from the date of receipt of the email. As the notice period ends at the end of the month, any month started will result in the payment of the full monthly installment. 14-5- PREMIUM open-ended subscriptions and LITE subscriptions may be terminated by SHOPCAISSE at any time by e-mail, subject to 3 months’ notice.
ARTICLE 15 – APPLICATION ASSISTANCE
15-1- PREMIUM subscription includes technical support in case of application malfunction. 15-2- Requests for intervention are received by Customer Service directly by telephone at +33 9-72-37-09-80 or by email email@example.com, Monday to Friday from 8:30 am to 12:00 pm and from 1:30 pm to 6:00 pm. 15-3- Outside of these hours and/or during the weekend, the customer service is on messenger. The editor will only intervene in case of emergency (total impossibility to use the application…). 15-4- The average intervention time in case of malfunction is 4 working hours but may not exceed 16 working hours except in cases of force majeure. This period is counted from the receipt of the phone call by the editor or the receipt of an email, notifying a specific intervention by the same editor. 15-5- In the event that this time limit is not respected, the subscriber will be compensated at his request by a commercial credit on a future invoice of 5% of the amount of the monthly contractual subscription per hour of delay beyond the 16 working hours, of the service concerned, without being able to exceed the total amount of the monthly package. 15-6- It is obvious that the service provider cannot reasonably commit to a time limit or even a guarantee of recovery when it comes to repairs, since the publisher may be confronted with situations that are as complex as they are critical, and which may be the result of poor handling or configuration by the subscriber, or of any event that is totally beyond the publisher’s control. 15-7- The user will give all useful information on the nature and presumed causes of the anomaly found. 15-8- It is reminded that the subscriber is deemed to have taken all necessary precautions to back up his data before remote intervention by the editor. 15-9- The request for compensation in the event of failure to meet the deadlines of intervention, must be formulated within thirty (30) days from the notification of repair by the publisher. The claim for compensation raised by the user can in no way exempt him from paying the subscription.
ARTICLE 16 – OBLIGATIONS AND RESPONSIBILITIES OF THE PUBLISHER
16-1 – The editor is responsible for the good execution of its contractual obligations, and undertakes to take all necessary measures to maintain the application in good working order. 16-2- However, the responsibility of the editor could not be committed in the event of : – Non-performance or improper execution of the contract, either due to the user or to an insurmountable and unforeseeable act of a third party to the contract – Non-compliance with the publisher’s recommendations or improper use – If the user has not complied with its obligations as arising from the present – Of force majeure, it being specified that any unforeseeable or irresistible event, even if not external, will be considered as a case of force majeure Are considered in particular as cases of force majeure, exceptional bad weather, natural disasters, fires and floods, lightning, attacks, cases of breakage and blockage of electronic telecommunications networks, damage caused by viruses for which the security means existing on the market do not allow their eradication, as well as any legal or regulatory obligation or public order imposed by the competent authorities and which would have the effect of substantially modifying the present general conditions, or any other event of force majeure or fortuitous event, as defined by the legislation in force and the case law of the Court of Cassation. – Fault, negligence, omission or failure on the part of the user; – Blockage or interruption of the means of transport and supply of the distribution or telecommunication networks; – Difficulties in the operation or momentary interruptions of the electricity or telecommunication Services necessary for their evolution, maintenance, or more generally in the event of updates to certain files ; – damage likely to result from downloading or using the editorial content available on the Site or accessible on third-party sites via the Site’s Services. – 16-3- The suspended obligations will be executed as soon as the effects of the cause(s) of any non-performance have ended. 16-4- SHOPCAISSE shall not be liable for damages of any kind, including theft of Account Access Codes or hacking of the User’s Account. 16-5- EASYSHOP does not guarantee the performance and modifications of the Application that may occur due to the quality of the Internet network and/or technical configurations, which are beyond its control. Thus, SHOPCAISSE offers no guarantee against the risks of interruption or malfunction related to connection, congestion of networks and/or computer systems, intrusion by unauthorized third parties, or contamination by any viruses circulating on said networks and services. 16-6- The responsibility of the editor can be engaged only for the material and direct damage resulting from a proven fault against him. Immaterial and/or indirect damages such as financial and commercial damages, loss of data, operations, turnover, profits or clientele are excluded… 16-7- To take into account the respective obligations of the Parties but also the attractiveness of the publisher’s rates, the liability of the publisher for damages suffered by the user under the contract, whatever the cause, is limited, all damages combined, whether material or immaterial (operating losses …), to the lump sum of 100 €. The user acknowledges the balanced nature of this lump sum. If the user feels that the cap is not sufficient, he/she has the option to negotiate a higher coverage cap which will result in a different rate being applied. In this case, a new tariff proposal will be sent within eight (8) days, by registered letter with acknowledgement of receipt, according to the new guarantee ceiling obtained by the user. The user will also have eight (8) days to accept the said proposal. 16-8- Without prejudice to the above stipulations, the user may hold the publisher liable for any damage of any type whatsoever, and in particular any direct or indirect damage, under the Contract, only within one (1) year of the occurrence of the damage in question. 16-9- This accessibility may be suspended for reasons of maintenance or upgrade, to ensure the proper functioning of the digital application, without obligation of prior notice to Users by SHOPCAISSE. 16-10- SHOPCAISSE undertakes to do its utmost to ensure the truthfulness and accuracy of the information available on the digital application as a whole, but shall not be held liable for any inaccuracy thereof, nor for the use or interpretation thereof by Users (error in a sales report or accounting report, VAT problem, error in calculating turnover….).
ARTICLE 17 – TECHNICAL CHANGES OR DEVELOPMENTS
17-1- The publisher reserves the right to upgrade its digital application, without altering the Service as it exists in the PREMIUM version at the time of subscription, in order to guarantee the quality, performance and security of the services provided. 17-2- The Provider shall make every effort to ensure that these changes have the minimum impact on the Beneficiary, particularly in terms of the availability of the Service and the integrity of the data saved. 17-3- SHOPCAISSE cannot undertake to maintain the service in the event of changes to the iOS system that would make it incompatible.
GENERAL CONDITIONS OF SALE OF EQUIPMENT
ARTICLE 18 – CONTRACTUAL DOCUMENTS
18-1- These Terms and Conditions shall prevail over any other terms and conditions contained in any other document, and shall supersede any prior written or verbal agreement, correspondence or proposal, except as expressly waived in writing. 18-2- Complementary sales subscribed separately constitute contracts accessory to the Sales Contract. They follow the regime of the latter, except as mentioned in the order acknowledgement. 18-3- The customer acknowledges having read the current General Conditions beforehand, having been able to ask the seller for any clarification he or she wished, and acknowledges having accepted the said Conditions with full knowledge of the facts, without any reservation.
ARTICLE 19 – PAYMENT AND BILLING
19-1- Prices – The prices of the goods sold are those in effect on the day the order is taken. They are denominated in euros and calculated exclusive of tax. Consequently, they will be increased by the rate of VAT and transport costs applicable on the day of the order. 19-2- Charges – Additional transportation, delivery or postage charges (to which must be added any other charges borne by the seller), of which the customer may have been aware prior to placing the order, are set out on the order form. 19-3- Price revision – The seller reserves the right to modify its prices at any time. However, it undertakes to invoice the goods ordered at the prices indicated at the time the order is placed. 19-4- Payment – Payments for orders are made by LCR and exceptionally, with the agreement of SHOPCAISSE, by bank transfer or cheque, within 30 days of the end of the month of invoice. 19-5 – Late payment: Any late payment of invoices for PREMIUM equipment or subscriptions will automatically give rise to the payment of late payment penalties, without the need for any formal notice. The rate of late payment penalties is equal to the rate applied by the European Central Bank (ECB) to its most recent refinancing operation plus 10 percentage points (Article L. 441-6 of the French Commercial Code). In this case, the rate applicable during the first half of the year in question is the rate in effect on January 1 of that year. For the second half of the year in question, it is the rate in effect on July 1 of the year in question. This interest is calculated on the amount of the outstanding amount including VAT and runs from the due date until the debt is paid in full. Such interest shall be due even if SHOPCAISSE has suspended its obligations due to such late payment. 19-6- Miscellaneous costs related to a default in payment of the amounts due under the Sales Contract will also be charged to the customer. 19-7- Notwithstanding the payment of interest, any default or delay in payment (even partial) of the amounts due by the customer under the equipment sales contract or PREMIUM subscription, persisting for more than (15) fifteen calendar days after the customer has been notified of the default or delay in payment by e-mail, will automatically and without the need for any further notification or formal notice lead to: – The immediate payment of all remaining sums due by the customer under the Contract, regardless of the method of payment, – The possibility for the seller, immediately and without prior notice, to suspend all or part of the customer’s orders (including those that have been paid), to refuse any new order and to terminate, by right, by e-mail, the Contract in whole or in part. 19-8- In the event of default or delay of payment, the customer is indebted of a fixed compensation for expenses of recovery, according to the article 441-6 of the Commercial code, of forty (40) euros, without prejudice to the possibility for the salesman to ask, on justification, an additional compensation when the expenses of recovery exposed are higher than the amount of the aforesaid fixed compensation. 19-9- It is agreed between the parties that there shall be automatic set-off in favor of Seller between any amounts owed by Customer to Seller and any amounts that may be owed by Seller to Customer for any reason whatsoever under this Agreement. 19-10- Penalty clause – The sums and penalties recovered by the seller by contentious way will be increased by a fixed allowance of 30% of their amount plus interests, as penalty clause. 19-11- The legal costs and fees will be charged to the customer. 19-12- Uniqueness of contractual relations: the claims due by the customer under a Contract entered into with the seller may be carried over to any other Contract. 19-13- Dispute – An invoice that has not beeń disputed by the customer within thirty (30) days from its date of issue shall be deemed to be accepted by the latter in principle and in amount. A dispute raised by the customer against the invoice can in no way exempt him from paying it. Any reduction of the disputed invoice will result iǹ the issuance of a credit note to be deducted from the next invoice after agreement of both parties. 19-14- Discount – No discount will be granted for early payment.
ARTICLE 20 – ORDERING
20-1- Any order taken will be the subject of an acknowledgement of receipt which will include the details of the order. 20-2- If the customer fails to modify the order within 48 hours after the transmission of the confirmation email, the order will be definitively acquired and the sale will be considered as perfect. In this case, the price will be revalued according to the conditions in force.
ARTICLE 21 – DELIVERY
21-1- Delivery is made to the address designated by the customer during the ordering process. The seller shall not be held responsible for the impossibility of delivering the goods in case of an error in the addressee’s details or the absence of the customer. 21-2- Delivery costs: delivery costs are included in the price unless otherwise stated in the order acknowledgement. 21-3- Deadline – The products are delivered on the date indicated in the order acknowledgement. The seller undertakes to do whatever is necessary to ensure that the order is delivered within the time period specified in the order acknowledgement. 21-4- The deadline is however indicative, a tolerance of four (4) calendar weeks being deemed to be accepted by the customer. Within this period, any delay shall not give rise to the following in favor of the customer: – the allocation of damages – the refusal of goods – the cancellation of the order 21-5- In case of exceeding the contractual deadline increased by four (4) calendar weeks, the customer will be able to benefit from : – a discount of 5% between 1 and 2 calendar weeks of delay – a discount of 10% between 2 and 3 calendar weeks of delay – a discount of 15% between 3 and 4 calendar weeks of delay 21-6- If the contractual deadline is exceeded by more than eight (8) weeks, the order may be cancelled by the customer.
ARTICLE 22 – TRANSPORT – TRANSFER OF RISK
The risk of loss of or damage to the goods shall pass to the customer at the time the goods are handed over to the first carrier or person responsible for transporting the product or as soon as the product has left the seller’s warehouse, irrespective of the article RETENTION OF TITLE.
ARTICLE 23 – RECEPTION
23-1- Upon receipt, the recipient must ensure the good condition of the package and its contents. Damage or shortages during transport must be the subject of motivated written reservations on the carrier’s receipt from the recipient at the time of delivery of the goods. 23-2- It is up to the customer to provide all the justifications as for the reality of the apparent defects or missing noticed. 23-3- The customer must, in addition, confirm to the carrier his reservations within 48 hours of receipt, by registered letter. 23-4- The unconditional acceptance of the products ordered by the customer covers any apparent defect and/or shortage. 23-5- No return of goods may be made by the customer without the prior, express and written agreement of the seller.
ARTICLE 24- GUARANTEE
24-1- Products must be checked by the customer upon receipt. 24-2- The products are guaranteed against any material or manufacturing defect for a period of one year, starting from the delivery date. Interventions under the warranty shall not have the effect of extending the duration of the warranty. 24-3- Under this warranty, the only obligation incumbent on the seller shall be, at its option, the free replacement or repair of the product or the element recognized as defective by its services, unless this method of compensation proves impossible or disproportionate. In order to benefit from the warranty, any product must first be submitted to the seller’s after-sales service, whose agreement is essential for any replacement. Thus, any complaint, reserve or dispute must be made under the conditions and according to the terms set out in the article COMPLAINTS-RETURN 24-4- Any shipping costs are borne by the customer who cannot claim any compensation in case of immobilization of the goods due to the application of the guarantee. 24-5- This warranty does not apply in the event of : – defects resulting from conditions of use that are not in accordance with the product’s instructions for use. – defects and deteriorations of the delivered products resulting from abnormal conditions of storage and/or conservation at the customer’s premises, in particular in the event of an accident of any kind whatsoever, shall not entitle the customer to the guarantee due by the seller. 24-6- Sales made by the seller are subject to the provisions of articles 1641 and following of the Civil Code relating to the guarantee of hidden defects.
ARTICLE 25 – ASSISTANCE WITH EQUIPMENT
EASYSHOP can intervene remotely on some sold materials. This type of intervention assumes on the one hand that the Subscriber is connected to the Internet and on the other hand that he has at his disposal a computer running under Windows.
ARTICLE 26 – UNAVAILABILITY OF THE PRODUCT ORDERED
26-1- The products are put on sale and delivered within the limits of available stocks. 26-2- In the event that a Product ordered by the customer is no longer manufactured by the seller’s supplier, the seller undertakes to inform the customer by e-mail as soon as it is aware of this unavailability. 26-3- In this case, the seller will offer to provide the customer with a Product of equivalent quality and price in exchange for the Product ordered. 26-4- The customer will have a period of 7 days to accept or refuse the seller’s proposal. If the customer does not make a decision within the 7-day period allowed, or if, within this period, he refuses the seller’s proposal, the order will be cancelled. 26-5- In case of payment of a deposit, the seller will reimburse the customer for the price of this deposit if his bank account has been debited, and this, at the latest within 14 days following the cancellation of the order. This refund will be made by bank transfer or bank check. 26-6- Apart from the reimbursement of the price of the unavailable product, the seller is not liable for any cancellation indemnity.
ARTICLE 27 – RETENTION OF TITLE CLAUSE
27-1- The seller retains the ownership of the goods sold until the full payment of the price in principal and accessory, even in case of granting of payment terms, and of the full PREMIUM subscription, if any, subscribed by the customer. Failure to pay any of the due dates may result in the goods being reclaimed. 27-2- These provisions do not prevent the transfer to the customer, upon shipment, of the risks of loss and deterioration of the goods sold as well as the damage that it could cause. 27-3- By express agreement, the seller may exercise the rights he holds under this retention of title clause, for any of his claims, on all of his products in the customer’s possession, the latter being conventionally presumed to be those unpaid, and the seller may take them back or claim them as compensation for all his unpaid invoices, without prejudice to his right to terminate the sales in progress 27-4- In this respect, if the customer is subject to a receivership or a judicial liquidation, the seller reserves the right to claim, within the framework of the collective procedure, the goods sold and remained unpaid.
ARTICLE 28 – CLAIMS – RETURNS
28-1- In order to be valid, any complaints must be addressed to the seller within 8 days of receipt of the goods by registered mail with acknowledgement of receipt. 28-2- Any return of goods requires the prior agreement of the seller. The customer will have to wait for the seller’s instructions before shipping. No return will be accepted without prior agreement from the seller. In the absence of a return agreement, the goods will be returned to the customer at his expense and risk. All transport, storage and handling costs are at the customer’s expense. 28-3- The customer has a period of eight days from the date of delivery to return the goods to the seller. Goods must be returned with a copy of the invoice to the following address: SHOPCAISSE, 9 rue Christiaan Huygens 25000 BESANCON 28-4- Products must be in their original condition, accompanied by a photocopy of the invoice and the reason for return or exchange. 28-5- Any product that is incomplete, damaged, altered and/or the original packaging has been damaged, will not be returned, exchanged or refunded.
ARTICLE 29 – OBLIGATIONS AND LIABILITIES OF THE SELLER
29-1 – The seller is responsible for the proper performance of its contractual obligations, and undertakes to take all necessary measures to deliver the goods concerned in good working order. 29-2- However, the responsibility of the salesman could not be committed in the event of : – Non-performance or improper performance of the contract due either to the customer’s act, or to the insurmountable and unforeseeable act of a third party to the contract, or to a case of force majeure – Non-compliance with the seller’s recommendations – If the customer has not complied with its obligations as arising hereunder – In the event of destruction or loss of the goods delivered that could occur during an incident of any kind – Damage to the seller’s equipment resulting directly or indirectly from accidents of all kinds: shock, overvoltage, lightning, flood, fire … – Of force majeure, being specified that any unforeseeable or irresistible event, even if not external, will be considered as a case of force majeure – To a misuse of the product by the customer – Fault, negligence, omission or default on the part of the customer 29-3- The responsibility of the seller can be engaged only for the only material and direct damage resulting from a proven fault against him. Immaterial and/or indirect damages such as financial and commercial damages, loss of turnover, profits or clientele are excluded… 29-4- In order to take into account the respective obligations of the Parties but also the attractiveness of the seller’s prices, the seller’s liability for damages suffered by the customer under the contract, whatever the cause, is limited to a lump sum of 100 € for all damages, whether material or immaterial (operating losses, loss of opportunity to sell, etc.). The customer acknowledges the balanced nature of this lump sum. If the customer feels that the cap is not sufficient, he/she has the option of negotiating a higher cap which will result in a different rate being applied. In this case, a new tariff proposal will be sent within eight (8) days, by registered letter with acknowledgement of receipt, according to the new guarantee ceiling obtained by the customer. The customer will also have eight (8) days to accept the said proposal. 29-5- Without prejudice to the foregoing, the Customer may hold the Seller liable for any damage of any kind, including direct or indirect damage, under the Agreement, only within one (1) year of the occurrence of the damage in question.
ARTICLE 30 – LEGAL BASIS
Concerned about respecting the privacy of Subscribers, SHOPCAISSE undertakes that the collection and processing of personal information is carried out in accordance with Law No. 78-17 of January 6, 1978 amended by Law No. 2018-493 of June 20, 2018, and Regulation No. 2016/679, known as the General Regulation on the protection of data to the User. ARTICLE 31 – PERSONAL DATA The term “Personal Data” refers to all information that can directly or indirectly identify a physical person: name, postal address, telephone number, e-mail address or IP address, date of birth, etc.
ARTICLE 32 – IDENTITY OF THE CONTROLLER
Personal data is collected by the company SHOPCAISSE, whose SIREN is 802 812 065, having its registered office at 9 rue Christiaan Huygens 25000 BESANCON.
SECTION 33 – CONSENT
ARTICLE 34 – COLLECTION AND PROCESSING OF PERSONAL DATA
34-1- Information voluntarily provided by the subscriber when subscribing to a Subscription or placing an order may be processed by SHOPCAISSE. In particular, they are used to process and execute Subscriptions, orders, Account operations, and to carry out prospecting operations in order to offer the Subscriber new SHOPCAISSE Offers. 34-2- The data collected are the following: to be completed and modified – Identity data: first name, last name, user name, title, date of birth, SIRET, VAT number, company name. – Contact data: billing address, delivery address, e-mail address and telephone numbers. – Financial data: account and payment card details (we use this data for payment processing purposes only). – Transactional Data: details of payments to and from your account and other details about the products and services you have purchased from us. – Technical Data: IP address, connection data, traffic data, browser type and version, time zone settings and location, browser plug-in types and versions, operating system and platform, and other information about how you accessed our website. – Profile data: login and password, purchases or orders made (your interests, preferences, customer feedback and answers to questionnaires). – Usage Data: information about how you use our website, products and services. – Marketing and communication data: your marketing and communication preferences. – Data relating to an order for processing, history, tracking … 34-3- The subscriber / customer agrees to provide SHOPCAISSE true, sincere and unvarnished. Any communication of false information is contrary to these general terms and conditions of sale and use. 34-4-Sensitive data: the subscriber/customer must not send or communicate sensitive personal data (in particular: social security numbers, information relating to racial or ethnic origin, political, philosophical or religious opinions, health, sex life, legal convictions or trade union membership).
ARTICLE 35 – PURPOSE OF PROCESSING
35-1- The purpose of the processing of personal data is as follows: to be completed and modified – To create and manage the User Account, the subscription and more generally the commercial relationship between the subscriber and SHOPCAISSE – To enable the User to receive newsletters or information or alerts, – To respond to requests and complaints from the subscriber, – To establish statistics on the frequentation of the various sections of the digital application, – To comply with the legal obligation to identify misuse of the digital application concerning the publication of Comments and/or User Content. – To process, fulfill and track orders – To process exchanges and returns of materials – To send commercial offers and benefits – To develop, promote, market and provide products and services that better serve subscribers – To verify the subscriber’s identity – To protect the subscriber from fraud – To send statements and invoices and collect payments from the subscriber/customer – To provide commercial quotations – To inform the subscriber/customer of any changes made to the website, To provide the subscriber/customer with technical support – To obtain the subscriber’s/customer’s opinion or comments on SHOPCAISSE services – To ensure transparent access to all applications to which the subscriber has subscribed – To enforce the subscriber’s/customer’s legal rights or to comply with legal requirements 35-2- Data relating to credit cards are deleted as soon as the transaction is completed from the Digital Media (subscription…). However, in accordance with Article L.133.24 of the Monetary and Financial Code, they are kept in intermediate archives for a period of fifteen (15) months in the event of a disputed transaction. These banking data may be stored, with the express consent of the User, after having been previously informed of the purposes and having checked the acceptance box provided for this purpose. This data will be stored in the Account in a secure manner. The User may at any time delete them from his or her Account, in which case they will be deleted from the processing carried out by SHOPCAISSE within the limits necessary for the processing of operations in progress.
ARTICLE 36 – MEANS USED TO COLLECT PERSONAL DATA
Personal Data may be collected: – Through the website www.easyshop.com or the online store https://www.easyshop.com- Through the Mobile Application – Through orders placed by the customer – Through Social Networks – SHOPCAISSE may also indirectly collect Personal Data from partners to whom the subscriber has already given consent to the transmission of Personal Data for the purpose of improving customer knowledge.
SECTION 37 – DATA SHARING WITH BUSINESS PARTNERS
37-1- SHOPCAISSE may share the customer’s personal data with its subcontractors, any natural or legal person in charge of processing your personal data on behalf of SHOPCAISSE, in particular for the hosting of its site, data analysis, IT services, email distribution services, the performance of surveys, social media applications and their dissemination, payment and credit card processing, order fulfillment or other similar services. 37-2- Subject to prior consent, the subscriber/customer may receive commercial offers from SHOPCAISSE’s Business Partners by e-mail. 37-3- This sharing of Personal Data is done in strict compliance with the local and European regulations in force concerning personal data.
ARTICLE 38 – SECURITY
38-1- SHOPCAISSE shall use its best endeavours to take all technical and organisational measures to ensure the protection, confidentiality and security of Personal Data transmitted to it by any subscriber/customer, in compliance with applicable legal provisions. SHOPCAISSE also ensures that its subcontractors comply with security commitments. 38-2- SHOPCAISSE may disclose personal data where required by law or by any competent authority. In accordance with law n°78-17 of January 6, 1978, SHOPCAISSE reserves the right to transmit the subscriber’s/customer’s personal data, either to comply with a legal obligation, or on the site of a judicial or administrative decision, or of an independent administrative authority.
ARTICLE 39 – USERS’ RIGHTS
39-1- In accordance with current national and European legislation (Articles 14 to 22 of the European Data Protection Regulation (RGPD) 2016/679 of April 27, 2016), the Subscriber/customer has the right to access, modify, rectify, limit, of opposition, portability and deletion of Personal Data concerning him/her, with SHOPCAISSE and this after verification by SHOPCAISSE, if it deems necessary, of the identity of the Subscriber/customer by any valid identification document.
ARTICLE 39 – USERS’ RIGHTS
39-1- In accordance with current national and European legislation (Articles 14 to 22 of the European Data Protection Regulation (RGPD) 2016/679 of April 27, 2016), the Subscriber/customer has the right to access, modify, rectify, limit, of opposition, portability and deletion of Personal Data concerning him/her, with SHOPCAISSE and this after verification by SHOPCAISSE, if it deems necessary, of the identity of the Subscriber/customer by any valid identification document.
|Access Rights and Rectification
|The subscriber/customer may, in particular, request access to all information concerning him/her; obtain a copy, require that his/her Personal Data be, as the case may be, rectified if inaccurate, completed, updated. The subscriber can correct them directly by logging into his personal space under the heading “My information”.
|Right to erasure/right to be forgotten
|The subscriber/customer may request SHOPCAISSE to delete his/her Personal Data when, among other reasons, the Personal Data are no longer necessary for the purposes for which they were collected, if the processing is unlawful or if the subscriber has withdrawn his/her consent. However, this right does not exist if the processing is necessary for the exercise of freedom of expression and information, to comply with a legal obligation, for reasons of public interest, or for the establishment, exercise or defence of legal claims.
Right to portability
|The subscriber/customer has the right to receive Personal Data in a commonly used, machine-readable structured format for the purpose of transferring it to another controller. He or she may also request that the Personal Data be transmitted directly to another responsible person, to the extent that this is technically possible.
|Right to object
|The subscriber/customer may object at any time to the processing of his/her Personal Data, including in the case of profiling. SHOPCAISSE will no longer be able to process Personal Data unless SHOPCAISSE demonstrates that there is a legitimate reason for the processing (for example, to comply with a legal obligation), or for the establishment, exercise or defense of legal claims.
|Right to limitation
|The subscriber/customer has the right to request that his or her Personal Data be blocked, if such Personal Data is inaccurate, incomplete, ambiguous, outdated, or if the collection, use, or disclosure of such Personal Data is prohibited. In this case his Personal Data will not be processed, they will be kept only for the exercise or defense of legal rights or for the protection of the rights of persons.
|Right to file a complaint
|The subscriber/customer has the right to file a complaint with the Commission Nationale Informatique et Liberté (CNIL)
|Automated individual decisions
|The subscriber/customer has the right not to be subject to a decision based solely on automated processing, including profiling, which would have legal consequences against him/her. However, it will not be possible to exercise this right in the following cases: if the decision is necessary for the execution of his order; if it is authorized for the law provided that appropriate measures are established to guarantee the rights, freedoms and legitimate interests; if it is based on his explicit consent.
|Fate of Personal Data after death
|The subscriber/customer may also contact SHOPCAISSE to provide instructions on what to do with your Personal Data after his/her death.
39-2- To exercise his rights, the Subscriber/Customer must send a request by email to the following address: firstname.lastname@example.org. All requests will be processed within one month. If necessary, this period may be extended by two months, taking into account the complexity and number of requests. In this case, the data controller will inform the customer concerned of the extension and the reasons for the postponement within one month of receiving the request.
ARTICLE 40 – TRANSFER OF DATA OUTSIDE THE EUROPEAN UNION
The subscriber’s Personal Data may be transferred outside the European Union to SHOPCAISSE’s subcontractors for the purposes of managing their IT systems. The subscriber may object to the transfer of his or her Personal Data outside the European Union. If you object to such transfer, SHOPCAISSE will no longer be able to provide you with its services.
ARTICLE 41 – DATA RETENTION PERIOD
ARTICLE 42 – DEFINITION
42-1- A cookie or tracer is a file of limited size, usually consisting of letters and numbers, sent by the Internet server to the cookie file of the browser located on the hard disk of your computer. A cookie is deposited and read, for example, when consulting a website, reading an e-mail, installing or using a software or a mobile application, regardless of the type of terminal used (computer, smartphone, digital reader, etc.). 42-2- The User is informed that, during his visits to the application, cookies may be automatically installed on his browser. 42-3- These cookies make it possible, in particular, at the time of each visit by a User to the digital application, to carry out global statistical studies on the audience of the digital application, to identify the User, if necessary, and to study the behavior of Users within the various sections of the digital application or the website, in order to better personalize the said Sites and Services in terms of organization, display and content, in particular advertising content.
ARTICLE 43 – PROCESSING OF COOKIES
SHOPCAISSE is responsible for the processing of personal data collected from Users through cookies placed on the application, or the website, in the event that these cookies contain personal data. Data collected through cookies is intended for use by SHOPCAISSE’s internal departments and their service providers for the purpose of carrying out tasks entrusted to them by SHOPCAISSE concerning the functioning and/or operation of the application.
ARTICLE 44 – LIFE SPAN
The validity period of the consent to the deposit of Cookies by the subscriber is 13 months maximum. At the end of this period, consent will have to be obtained again.
ARTICLE 45 – COOKIES USED
To do this, the SHOPCAISSE application and website use so-called “internal” cookies and so-called “third-party” cookies. With the exception of cookies strictly necessary for the operation of the Site, all cookies are used only after obtaining the consent of the subscriber by continuing to browse the Site. – The cookies strictly necessary for navigation on the site: These cookies are strictly necessary for the proper functioning of the site. They are essential for basic services and functions, such as storing information about the constitution of the basket by the selected items. – Performance cookies: These cookies collect anonymous information about the subscriber’s browsing on the Site and are cross-referenced with those of other users in order to improve and optimize its operation. Any problems encountered can then be solved. These cookies enable SHOPCAISSE to improve your browsing experience and compile statistics. You can prevent the installation of these cookies by modifying the options of your internet browser; however, we would like to draw your attention to the fact that by doing so, certain functions of this site will be unavailable. – Functional cookies: These cookies make it possible to keep the choices that the subscriber has made on the site, i.e. language, country, search parameters (type of products, size), delivery, recently consulted items. Thanks to these cookies, navigation is personalized, the experience is more relevant and in line with the subscriber’s interests and their previous choices. – Advertising cookies: These third-party cookies collect information about the subscriber’s internet searches and allow us to offer them targeted advertising. They keep track of the sites the subscriber has visited, their shopping habits. – Social network” cookies: These “social network” cookies may be activated. They allow the user to interact via social networks (e.g.: share, like). When a page contains such a button, a direct connection is established with the social network in question and information can be transmitted according to their requests. You should refer to the data protection policies of each of these sites.
SECTION 46 – RECIPIENT OF INFORMATION STORED IN COOKIES
Information stored in cookies on SHOPCAISSE websites and its application, are intended for SHOPCAISSE, with the exception of third-party cookies identified above as “advertising cookies” and “social networks”, intended for partners.
ARTICLE 47 – COOKIE SETTINGS
ARTICLE 48 – RULES OF USE OF THE INTERNET AND DIGITAL MEDIA
The subscriber declares to accept the characteristics and limits of the Internet, and in particular to recognize that : – The use of the application is done at his own risk and under his full responsibility; the application is accessible to him “as is” and according to its availability; – the User is solely responsible for any damage to his tablet or any loss of data resulting from the downloading of this material or the consultation of the application ; – It is therefore up to the User to take all appropriate measures to protect his/her own data and/or software from contamination by any viruses circulating through the application; – It is up to the User to take all necessary measures to ensure that the technical characteristics of his/her equipment allow him/her to consult the Contents. – no advice or information, whether oral or written, obtained by the User of the application or during the use of the application is likely to create guarantees not expressly provided for in these terms and conditions; – the User is aware of the nature of the Internet, in particular its technical performance and response times for consulting, querying or transferring Information; – the communication of his or her Access Codes or, in general, of any information deemed confidential, is made under his or her own responsibility.
ARTICLE 49 – PROTECTION OF MINORS
In principle, the software is intended for persons of legal age who are capable of entering into obligations in accordance with the laws of the country in which the customer is located. However, if the User is a minor, he/she declares and acknowledges that he/she has obtained the prior authorization of his/her parents or of the person(s) holding parental authority over him/her to register on the digital application. The holder(s) of parental authority has (have) agreed to be guarantor(s) of the respect of all the provisions of the present terms and conditions when using the digital application by the minor User. Thus, parents (or holders of parental authority) are invited to monitor the use made by their children of the Content and/or Services made available on the digital application and to bear in mind that in their capacity as legal guardians they are responsible for monitoring the use made of it.
ARTICLE 50 – USER’S OBLIGATION AND RESPONSIBILITY
50-1- The User indemnifies SHOPCAISSE against any claim or action, by any person, and their possible pecuniary consequences, based on or resulting directly or indirectly from its actions, or arising from the use by the User of the digital application as well as any alleged breach of the general conditions or regulatory provisions in force and holds SHOPCAISSE harmless from any recourse including litigation that may result. This guarantee covers any compensation that may be due as well as legal fees and court costs within reasonable limits. 50-2- The User shall refrain from using any hardware or software likely to alter, hinder or distort the operation of the Services and the digital application, or introduce any data into an automated data processing system of SHOPCAISSE likely to alter, hinder or distort the normal operation of the Services and the digital application and in particular to circumvent the restrictions on use defined by these terms and conditions. 50-3- Violation of these mandatory provisions shall subject the Subscriber and all persons involved to the criminal and civil penalties provided by law.
ARTICLE 51 – FORCE MAJEURE
51-1- The parties shall not be deemed to be in default and shall not be liable in the event that the non-performance of their contractual obligations is due to force majeure as defined by Article 1218 of the Civil Code and by case law. However, in order to be able to avail itself of this provision, the Party which is prevented from fulfilling its obligations must inform the other Party by any means as soon as possible, specifying the circumstances and the foreseeable duration of the situation, and keep it regularly informed of developments. If, despite the efforts of the defaulting Party, its default lasts more than thirty (120) days, the other Party may terminate the Contract by registered letter with acknowledgement of receipt, without compensation for either Party. 52-2- In the event of a force majeure event, each Party shall take reasonable steps to minimize the disruption caused by the force majeure.
ARTICLE 53 – TRANSFERABILITY
This contract is assignable and transferable by the publisher. The User may not assign, transfer or otherwise dispose of all or any part of its rights or obligations under the Agreement without the prior written consent of the Publisher.
ARTICLE 54 – SUBCONTRACTORS
The publisher reserves the right to grant the subcontractor the application of all or part of the present contract in order to allow the good continuity of the service.
ARTICLE 55 – EXCHANGES
The parties agree not to contest the admissibility, validity, enforceability or probative value of any elements exchanged between them. Unless proven otherwise, these elements will be valid and opposable between the parties and with the same probative force as a private document.
ARTICLE 56 – INDEPENDENCE OF CLAUSES
It is agreed that if any provision of these terms and conditions is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect as if the invalid or unenforceable provisions were no longer contained herein. The fact that the publisher does not avail itself at a given moment of any of the present general conditions and/or of a breach by the other party of any of the obligations referred to in the present General Conditions cannot be interpreted as a waiver by the publisher of its right to avail itself at a later date of any of the said conditions.
ARTICLE 57 – JURISDICTION
French law is the only applicable law. In case of dispute of any kind whatsoever, and for professional buyers, the Commercial Courts of BESANCON are the only competent courts, even in case of multiple defendants, incidental demand or appeal in warranty.
You can download our cash register software directly from the Apple Store. The NF525 certificate is available on our homepage EASYSHOP.com