VACUUM EXPRESS is the developer and publisher of a software solution open source, released under a free license, allowing users to create, fast and simplified way of e-commerce sites.
The basic version of this solution is free and freely downloadable from the website of Vacuum Express accessed at: www.AspirateurExpress.com.
This solution has an open and modular architecture that allows each user to customize their e-commerce site and to add to it additional functionality.
VACUUM EXPRESS has developed a service called "VACUUM EXPRESS CLOUD" allowing users to have a package offer includes:
I. A remote right to use e-commerce solution VACUUM EXPRESS;
II. The hosting of this solution with a professional web host;
III. Access to a back office to manage its Merchant Site;
IV. The ability to send emails and may reserve a domain name (Charge Option)
V. The ability to customize the Site by the Merchant Modules installation and / or developed by Themes Vacuum Express or its partners (Charge Option).
These general conditions are intended to define the rights and obligations between VACUUM EXPRESS
S.A. and Users and the terms and
terms of service "VACUUM EXPRESS CLOUD" to which the user has decided to take after (i) have read the Terms accept without reserve and (ii) ascertaining the suitability of the service "VACUUM EXPRESS CLOUD "to their needs.
IT WAS STATED IT WAS AGREED AS FOLLOWS:
The terms defined below shall have in these terms (including its preamble), whenever they begin with a capital letter, whether used in the singular or plural, meaning ascribed to them below after.
"Back-office" means the interface through which the user can manage and configure their Merchant Site;
"Store" is an e-commerce store using the Vacuum Solution Express.
"Terms" means these terms and conditions;
"Configuration Requirements" means the computer equipment including a recent terminal, a recent web browser and a satisfactory connection, broadband, the Internet.
"Module" means software development performed by VACUUM EXPRESS AG or one of its partners to add functionality to the solution;
"Paid Options" means by VACUUM EXPRESS services offered on the Website as defined in these Terms and Conditions;
"Part (s)" refers collectively VACUUM EXPRESS and the User and individually one of them;
"Vacuum Express" means the Société Anonyme Vacuum Express, capital of 311 008.20 euros, whose headquarters 55, rue Raspail, Levallois-Perret (92300) and registered with the RCS Nanterre under number B 497 916 635;
"Vacuum Express Addons" mean Modules marketing platform, Themes and other paid options offered by VACUUM EXPRESS and accessible at: http://addons.AspirateurExpress.com (or url that may replace it).
"Service" means the VACUUM EXPRESS Service
CLOUD, as presented in the preamble above and described on the Website;
"Site" means the website published by VACUUM EXPRESS SA accessible to the Url www.AspirateurExpress.com and on which is presented including the Service;
"Dealer Site" means the e-commerce site based on the Solution and operated by through the Service for its online sales business User;
"Solution" means the software published by VACUUM EXPRESS SA, enabling the creation, administration and operation of a Merchant Site as part of the Service;
"Theme" means software development performed by VACUUM EXPRESS AG or one of its partners for a graphic personalization of the solution;
"User" means any natural or legal person acting in a professional capacity and subscribes to the Service.
2. Acceptance of Terms
The purchase and use of the Service is subject to the Terms and Conditions as VACUUM EXPRESS SA reserves the right to modify at any time, the changes taking appropriate effective when posted on the Site. Users who have already subscribed to the Service will be informed by e-mail or through the Site, new terms and conditions before their entry into force.
The full acceptance unreservedly deemed given when the box "I accept the general terms" is checked when creating the account.
If they have not checked this box, the creation of the Site by the User Marchand is impossible and invalid, that the User accepts.
Users are informed that the subscription to the Service is only available to professionals within the meaning of consumer law and states have this quality.
This statement is determining the willingness to contract VACUUM EXPRESS SA, the Service was defined according to the exclusions and limitations of liability provided in these Terms and Conditions.
As a professional acting for purposes which are part of his trade, business, craft or profession, the Customer acknowledges that it does not have the right of withdrawal for only benefit consumers within the meaning of the Consumer Code. User acknowledges that it does not enjoy a right of withdrawal on digital content downloaded from the moment when the download began.
3. Subscription Service
3.1. Crea ti o n d u n c o mp you
The subscription service requires prior or simultaneous creation of an account under the procedure provided for this purpose on the Site.
Access to the Service is notably conditioned by the provision by the User of its non incorrect contact information, and an email address, which will be validated by the online procedure.
Access to the Service is free with the exception of the purchase of Paid Options.
3.2. Fo u rn itu re desc od esd ac cess to Ba ck - Office
The User agrees to maintain the confidentiality of their user name and access code associated to allow him access to the back office.
Any connection to the Service using User's password login and words is deemed to be made by the user.
4. System Requirements
Use of the Service requires access to the Internet and respect for Configuration Requirements. The provision of these configuration requirements are not included in the Service, the User will be personally responsible for that access to the appropriate operator freely chosen by the user and under the responsibility of it.
The User acknowledges and accepts these configuration constraints and agrees to comply.
VACUUM EXPRESS SA accepts no responsibility, and shall have no obligation to refund in the event of non-operation or malfunction of the Service due to lack of connectivity to the Internet or the lack of respect for Configuration Requirements.
5. Service Object
The purpose of the Service is to provide the User a creation and hosting solution for a site Marchand made on the basis of the solution and can be customized through the Modules and Themes facility offered by VACUUM EXPRESS
S.A. (Paid Options).
The purpose of the service is exclusively technical in nature.
The user makes his case management, including commercial, logistics, marketing and financial Site Marchand, which remains VACUUM EXPRESS abroad.
It specifies that VACUUM EXPRESS SA entered into any commitment or makes no warranties in relation to:
- The continuous availability of the Site Marchand, it may be unavailable due in particular to maintenance;
- The adequacy of the Merchant Site the User's needs;
- SEO Merchant site on search engines;
- To obtain a minimum number of visits on the Merchant Site;
- The commercial viability of the Merchant Site;
- The absence of dysfunction and abnormalities Site Marchand.
Users subscribing to the service benefits from free hosting of its Dealer Website by VACUUM EXPRESS care from a professional host.
VACUUM EXPRESS will make its best efforts to carry out or regularly backup technical data and Merchant Sites database.
On the occurrence of a technical incident Service not generated by the user, VACUUM EXPRESS
SA will make every effort to restore the sites Merchants Users, on the basis of the last backup job.
Outside this hypothesis, data on the Site Marchand may be communicated to the user at the termination of the Service by the User, in the context of Articles 15 and 16 of the General Conditions, the User accepts that.
Users subscribing to the service enjoys the free opportunity to send emails to customers of its Merchant Site. Sending emails is done by a professional provider commissioned by VACUUM EXPRESS
VACUUM EXPRESS will make its best efforts to ensure that sending emails is carried out satisfactorily. VACUUM EXPRESS does not engage in the actual quality of sending emails.
Users subscribing to the Service and use email sending is deemed to accept the terms and conditions of the professional service available at the following address: https://fr.sendinblue.com/legal/generalterms/.
The User agrees not to use to send emails abused, and in any event, to limit the use of sending emails to customers of the Site Marchand.
The professional provider commissioned by VACUUM EXPRESS may propose to the user's paid services.
5.3. Limited access to the source code of the Site Marchand pe nd Antl u ti li ti on Se rvi this
The user does not have FTP access allowing access to all the source files Site Marchand.
For purposes of the proper functioning of the Service, the User will receive a limited FTP access to some source files Site Marchand. The User agrees to use this access for the sole purpose necessary for the operation of the Site Marchand in the Service.
5.4. Domain name reservation Merchant Site
Once created, the Merchant Site will be accessible by default URL address
"Nomdusitemarchand.pswebstore.com" assigned by VACUUM EXPRESS SA, according to criteria
defined geographical VACUUM EXPRESS and
which remains the property of the latter. This reservation default domain name
included in the scope of the Service.
The User may however proceed by itself or ask VACUUM EXPRESS proceed with the booking of another domain name in connection with the purchase of a Charge Option.
The booking request for a domain name with VACUUM EXPRESS will be taken into account by the effective upon receipt by it of the corresponding settlement made by the User.
VACUUM EXPRESS liable if the domain controlled by the user finally booked through a third party during the time required for collection of payments made by the User. The amount paid for the reservation of the domain name will be refunded to the user, without the latter being able to claim any compensation.
5.5. technical assistance
As part of the service, no technical assistance is provided or warranties to the User.
However, Users have the option of purchasing a technical assistance offer by VACUUM EXPRESS within the Paid Options
5.6. Modules and Themes
The user has the option to install on the Site Marchand Modules and Themes proposed by VACUUM EXPRESS SA under the Paid Options via its back office or Express Vacuum Addons. Some modules and themes are presented by default VACUUM EXPRESS SA in the Mercantile Site Back-office and can be installed for free on the Merchant Site.
In all cases, the user remains responsible for the installation and configuration of modules and themes.
It is also forbidden to the User to install on the Site Marchand any application that it would not be proposed by VACUUM EXPRESS SA via its back office or via vacuum Addons Express.
6. Service Accessibility
VACUUM EXPRESS provide its best efforts in order to make it accessible by the User Service 24h / 24, 7/7 without interruption other than that required for the purposes of curative or ongoing maintenance of the solution, data backup or generally for the proper operation of the Service.
The user's attention is specifically drawn to the fact that the Service is, like any computer application, capable of malfunctions, defects, errors or interruptions. As a result, VACUUM EXPRESS does not guarantee the User uninterrupted use of the Service.
In no event VACUUM EXPRESS not be held responsible for damages suffered by the User which are due to the unavailability of the service, and can in no way be held to the User an obligation to make reparation or compensation which would be linked to a problem of accessibility to the Service.
7. Purchase Paid Options
At any time, the user may purchase Paid Options to benefit from new services and customize the Merchant Site. Any benefit or not described as a free feature in Article 5 "subject of Service" of the General Conditions shall, unless
as specifically on the Site, a Charge Option.
Paid Options can be purchased primarily via the back office of the Merchant Site and Vacuum Express Addons. The User declares to have been aware of the financial terms and conditions of sale and / or use of paid options, and accepted them.
Rates are exclusive of tax.
8. User Commitments
8.1. Usa geco nfo rm to ob jetdu If this rvi
The Service may only be used for the creation and operation of a Merchant Site in compliance with public order and morality. The User agrees to comply with the legislation in force as the applicable regulations.
The User agrees not any other use, any other use is subject to the prior written permission of VACUUM EXPRESS
8.2. Fair use of the Service
With regard to free the Service, the User agrees to use the Service in accordance with the usual standards of the profession.
The reasonable and fair use of the Service includes especially but not exclusively a measured use of storage space, bandwidth, and, more generally, server resources made available through the Service.
Solution to send emails to customers Site Marchand. The User agrees not to use this functionality abused, and in any event, to limit the use of sending emails to customers of the Dealer Site and in accordance with the regulations on data electronic character.
8.3. Ob liga ti ond in fo rm a tio n of Uti l r is a teu The User is obliged to immediately inform and
some way VACUUM EXPRESS (i) any act of infringement of the Solution or
likely to be well qualified he was aware and (ii) any loss or destruction of data and any malfunction, even
non-blocking the Solution.
8.4. Warranty against lawsuits The User assumes full responsibility for all
damages resulting from the operation of
The User shall indemnify and up unscathed VACUUM EXPRESS for all prosecutions and judicial or other convictions which it could be due to the breach by the User of any of its legal obligations, obligations stipulated in within the General Conditions or inaccuracy of any of his statements.
9. Financial Conditions
9.1. Regarding the Service
Access to and use of the Service is free.
9.2. Regarding Paid Options
Prices and billing terms for each Charge Option is available on the Site, in the description of the relevant Charge Option.
The User agrees to provide VACUUM EXPRESS exhaustively, all the information necessary to ensure the effective payment processing if necessary. It is particularly committed to inform and update as needed their name or company name, mailing address, bank details, his VAT number and a valid email address.
The rejection of payment for any reason whatsoever, may result in suspension of the supply of Charge Option.
10. Disclaimer of VACUUM EXPRESS
VACUUM EXPRESS is subject to an obligation of means in terms of providing the Service.
Considering the gratuitousness of the Service, except fraud or gross negligence, the liability of VACUUM EXPRESS SA be sought for compensation for damage of any nature whatsoever, direct or indirect.
Consequently, the User is solely responsible for all transactions carried out or any operation performed by a third party it has appointed for this purpose, when using the Service.
11. Limitation of liability VACUUM EXPRESS (Paid Options)
Notwithstanding the foregoing provisions, the Parties agree that if a direct nature of damage caused to the User exclusively takes its source in the execution of a Charge Option, the amounts that can be made at the expense of VACUUM EXPRESS
SA under the responsibility it could incur as such, may not exceed the amount
off total charges billed to the user in the relevant Option Charged during the year in which the event giving rise to the liability of VACUUM EXPRESS occurred.
In any event, the responsibility VACUUM EXPRESS will not be sought for compensation for damage of an indirect nature, such as, but not limited to: loss of income or revenue, loss or flight data, reduced traffic, loss of goodwill, impairment of the image or reputation, etc.
12. Intellectual Property
12.1. No assignment of intellectual property rights
Use of the Service does not operate any transfer of ownership to the other Party. Therefore, the User agrees not to infringe in any way intellectual property rights owned by VACUUM EXPRESS or one of its partners, particularly on the texts, pictures, videos, data, posters, logos, trademarks and other elements reproduced on the Site where VACUUM EXPRESS SA or any of its partners has an intellectual property right, including the Solution Modules and Themes.
12.2. Fight against counterfeiting
In a global objective to fight against counterfeiting on the Internet, the Customer agrees that the contents of his shop is in accordance with applicable law, does not infringe the rights of third parties, and not to market the infringing goods . He says not subject to any action for infringement or otherwise. The responsibility of society Vacuum Express can not be held in case of sale of objects from infringement by one of its Clients.
12.3. Operating Merchant Site
While using the Service, the User has only a simple right of remote use of the Solution for a single site Marchand for the duration of the Service and for the whole world.
Similarly, modules and themes developed by VACUUM EXPRESS or its partners are the sole property of their last. For these modules and themes, do VACUUM EXPRESS grants the User a simple right of limited use to the use of a single site Marchand for the entire legal term of copyright, and for the world as the control module or theme concerned, in accordance with the Terms and Vacuum Express Addons.
12.4. commercial reference
All text, photos, videos, data, logos, brands and other elements reproduced on VACUUM EXPRESS sites the reserved and protected by intellectual property rights, including copyright, neighboring rights, trademark rights and the legislation on the protection of databases.
Consequently, no modification, distribution, reproduction, or other use of these elements, even partial, may be made without the express permission of VACUUM EXPRESS
Nevertheless, VACUUM EXPRESS allows for the use of the Service, the User to mention, as a commercial reference, its name.
The User expressly authorizes VACUUM EXPRESS
SA to quote, while using the Service, as a commercial reference, its name
and the brands of its products.
Each party expressly agrees not to harm the image of the other Party.
13. Personal Data
By using the Service Cloud Vacuum Express, the User acknowledges that he puts his personal and business data concerning (name, surname, email address, phone number, and statistical information about the activity of the Site Marchand). These data are required for VACUUM EXPRESS for order management and trade relations. This information is also stored for security purposes and to better personalize the offers made to the User.
Data can be sent to companies that contribute to the treatment of the order of a fee options, as well as companies hosting the data Merchants sites. Some of these recipients are located outside of the European Union, and in particular the company OVH, located 800-625 BC. President Kennedy - Montreal, Quebec, Canada H3A 1K2. The company, among others, may be required to accommodate the data on the Merchant Site and the personal data on the user in order to ensure the proper functioning of the Service and to suggest improvements. It is stated that Canada is recognized by the European Commission as providing an adequate and sufficient protection of personal data, pursuant to Decision No 2002/2 / EC of 20 December 2001 pursuant to Directive 95 / 46 / EC of the European Parliament and of the Council on the adequate protection of personal data provided by the Canadian Federal Law on the Protection of Personal Information and electronic Documents Act.
Under the law relating to data, files and liberties of 6 January 1978 amended in 2004 and its implementing regulations, the User has the right to access, rectification, opposition and to delete information collected about the VACUUM EXPRESS part of its business. The right to delete can be exercised by legitimate reasons.
These rights may be exercised directly on the site or by writing to the Company: VACUUM EXPRESS - Service Complaint Data
personal, 55, rue Raspail, 92300 Levallois-Perret (France).
The user can choose from when creating or consulting their account to receive offers from VACUUM EXPRESS or partner companies. The User may at any time change its preferences with VACUUM EXPRESS
The site implements an automated process to place a cookie on the user's computer to record information about the navigation of its computer on the site.
Finally, the User acknowledges that VACUUM EXPRESS may be required, in accordance with its legal obligations to disclose personal data in the context of legal proceedings (legal requisitions, etc.).
14. Outsourcing the Service or Paid Options
VACUUM EXPRESS is authorized to use the services of one or more subcontractors he will choose to carry out the execution of all or part of the Service or Paid Options without the user being informed in advance of this sub - contracting.
In any event, if VACUUM EXPRESS remain held in respect of the User, compliance by the contractor of obligations under the General Conditions, it does not consent to the user the benefit of other obligations and guarantees.
15. Termination - Suspension of Service
15.1. Termination for Convenience
The Parties may terminate the Service at any time, without justification or compensation.
If the cancellation is made VACUUM EXPRESS, the User will be informed by email or via the Back-Office. It will take effect after a period of thirty (30) days of notification.
If the termination is the result of the user, it must notify VACUUM EXPRESS termination by going to the menu "My customer space" of
Back-Office. User termination will be effective due within a maximum period of ten (10) days of receipt of the request.
The User will remain liable for the amount of money remaining to run during this period under the Paid Options eventually purchased.
15.2. Termination or suspension of the Service for misconduct
VACUUM EXPRESS may suspend or terminate the Service, including any of the following cases:
- Failure to pay a fee options;
- Unlawful or unfair use of the Service;
- Conduct likely to tarnish the image of VACUUM EXPRESS;
- And more generally any violation to these Terms.
If any of the following situations should occur, the User will be contacted by the company Vacuum Express
SA to urge him to put in his shop compliance within a period of seven (7) days.
After this time, Hoover Express check if the User is executed. In the event of non-performance,
the User's Boutique will be suspended temporarily for a maximum period of sixty (60) days, during which the user must conform his shop in the regulations. After this new period, if the shop is
still not compliant with the legislation, it will be permanently suspended and removed. Otherwise, the Boutique will be enabled.
It is specified as necessary that this clause eliminates the need for VACUUM EXPRESS SA to declare the termination through the courts. The termination of the Service will result in a refund of the User.
16. Effect of Termination
As of the termination of the Service, VACUUM EXPRESS not retain any personal data of the Site Marchand of the User and close access to the public website of the Merchant beyond ninety (90) days.
The User may, upon written request, and within ten (10) days of termination of the Service, seeking to obtain a copy of the database of the Merchant Site and other files for customizing his shop, but only in its native format in the IT environment of the Solution. The transmission of a copy of the database is subject to actual payment by the User
VACUUM EXPRESS expenses inherent in this transaction and the price indicated by VACUUM EXPRESS
VACUUM EXPRESS not in any way guarantee the compatibility of the Site or the Merchant database with another application environment.
17. Force Majeure
Neither Party shall be liable for any loss or damage due to the delay or failure to perform its obligations due to a force majeure or an act of a third party outside their control, provided that the occurrence of this event is promptly brought to the attention of the other Party in writing, stating the impact of this event on the estimated time that it will affect the performance of the Service.
It is agreed that may be particular cases of force majeure beyond those usually retained by the jurisprudence of French courts: the legislative and regulatory changes, fires, storms, floods, strikes internal or external to the Parties disease, natural disasters, epidemics, wars, overvoltage and electrical shock, breakdowns of cooling systems and hardware, electronic communications bottlenecks and slowdowns networks, computer viruses and hackers, and more generally any unforeseeable and external fact the will of the Parties.
In case of suspension of service for a period exceeding fifteen (15) days of notification by a Party of force majeure, the other Party shall have the right to cancel the subscription to the Service by email or via Back Office, without notice or compensation.
18. Convention on the evidence