Polylang General terms and conditions of sale
Lire les conditions générales de vente en Français.
Presentation of the seller
WP SYNTEX, a limited liability company with a capital of €10,000, with its registered office located at 8 rue Joseph Cugnot (38307) BOURGOIN JALLIEU, FRANCE, registered with the VIENNE Registry of Trade and Companies under the number 819 143 645. Website: https://polylang.pro.
Its corporate purpose, both in France and abroad, is the creation, management, exploitation, by any means, of any software, programmes, applications, on any existing or subsequent mediums, the commercialisation by any means, of any software, programmes, applications, on any existing or subsequent mediums, the development of any IT services dedicated to professionals and individuals, training, follow-up and the hotline maintenance on all software.
Safeguard clauses
These general terms and conditions of sale, depending on the type of client in question, may mention safeguard clauses. This shall be the case for consumers. The clients meeting such criteria shall comply with the general terms and conditions of sale which apply to them, in accordance with the applicable regulations.
If there is no provision in the general terms and conditions of sale, the legal and regulatory provisions shall be applicable, as being subject to the will of the parties.
Definitions
WP SYNTEX: is the seller or service provider. Its legal details are indicated on the first page hereof.
CLIENT: is the individual or legal entity who purchases an item or service on this website, or any person thereby substituted or for whom it would be the agent.
CONSUMER: is, according to the preliminary Article of the French Consumer Code, any individual who acts for purposes which do not fall within the scope of his commercial, industrial, artisanal or
self-employed activity.
PRODUCTS/SERVICES: goods and services sold or provided by WP SYNTEX.
ORDER: request for products or services made by the Client with WP SYNTEX.
GENERAL TERMS AND CONDITIONS OF SALE: the general terms and conditions of sale which are the subject hereof, also mentioned under the acronym GTC.
AGREEMENT: the order of products or services, this deed, including its preliminaries and appendixes as well as any amendment, substitution, extension or renewal occurring herein by virtue of the Parties’ approval.
DELIVERY: the time of the validation of the order.
DOWNLOAD: action of transfer of the product or service on the client’s digital medium.
PRICE/TARIFFS: the unit value of the product.
SITE: the on-line sales site “https://polylang.pro” used by WP SYNTEX for the commercialisation of its products/services;
ON-LINE SALES: commercialisation of products/services of WP SYNTEX via the Site.
SUPPORT: technical assistance provided by WP SYNTEX for the installation and use of a product, subject to the possession by the client of a valid activation key.
ACTIVATION KEY: code attributed to the client upon the purchase of a product.
Article 1 – Purpose
The purpose of these general terms and conditions of sale is to define the contractual relations between WP SYNTEX and the client and fix the conditions applicable to any purchase made via WP SYNTEX’s commercial website, whether the client is a professional or a consumer, within the meaning of the applicable regulations.
These general terms and conditions of sale shall apply at the exclusion of any other conditions.
They are accessible on the website and shall prevail, as the case may be, over any other version or document to the contrary.
WP SYNTEX and the client agree that these general terms and conditions shall exclusively govern their relations.
WP SYNTEX may be required to adapt or modify these general terms and conditions of sale at any time. The GTCs applicable are those in force on the date when the Client placed the order.
If a condition of sale were to be missing, it would be considered as being governed by the practices in force in the sector of distance selling by companies which have their registered office in France.
Article 2 – Preliminary adhesion – Pre-contractual information
The Client shall declare to have been informed of these General Terms and Conditions of Sale, legibly and in a comprehensible manner, prior to the validation of his order.
These general terms and conditions of sale shall be governed by Article L 121-21-8 of the French Consumer Code, pursuant to which the products and services offered and sold by WP SYNTEX are excluded from the right of withdrawal.
For the order to be validated, the client shall accept, by clicking on the general terms and conditions on the space indicated. He must also provide all the information which shall be requested of him, and finally validate the means of payment.
Any order shall be considered as:
- acceptance of the prices and product descriptions available for sale,
- a request for the immediate provision of the service and
- the subsequent waiver, for the case whereby it would be applicable to the consumer, from the benefit of any withdrawal period.
The sale shall be considered as final after WP SYNTEX has sent the client a confirmation of the acceptance of the order by email.
In some cases, in particular for payment default, an incorrect address or other problem on the client’s account, WP SYNTEX shall reserve the right to block the client’s order until the problem has been resolved.
The product or service order shall thereby be cancelled and shall be reimbursed.
Article 3 – Product information
The products governed by these general terms and conditions are those which are indicated on the WP SYNTEX website and which are indicated as being sold by WP SYNTEX.
The details and technical characteristics of the items and services are those presented for sale on the site.
The products are available immediately by simple download, subject to the relevant compatibility and inter-operability of their content with certain software and materials.
WP SYNTEX shall not be held liable for the incompatibility or absence of interoperability of the product or service ordered with the material, programmes or software used by the client.
WP SYNTEX shall not be held liable for the lack of training for the use or installation of the product or service ordered if no training request was submitted to it by the client.
WP SYNTEX shall not be held liable for the application or use of the product or service by the client.
WP SYNTEX shall not be held liable for modifications which may be made by the client to the product or service ordered.
WP SYNTEX shall only be bound by a best efforts obligation.
All the products are under the GPL V2 + or GPL V3+ licence.
Article 4 – Support
The support is provided exclusively for those who have a valid activation key. WP SYNTEX shall only provide assistance via the support for the products that it commercialises.
The support shall include the assistance with the installation and use of WP SYNTEX’ products and services. It shall of course include the correction of bugs. It shall not include the dispute resolution with a theme or other plugins. It shall not include the personalised code entry. No support shall be due in the event of a modification of the product by the client.
Article 5 – Price
The tariffs of the items and services are those mentioned for each product or service on the site.
WP SYNTEX shall reserve the right to modify its prices at any time but shall undertake to apply the applicable rates indicated at the time of the order.
The prices are indicated on the website, in euros, excluding taxes and charges.
The VAT is mentioned on the order form.
The amounts paid shall never be considered as deposits or down payments.
If one or several taxes or contributions, in particular those related to the environment, were to be created or modified, either upwards or downwards, this change shall be reflected on the price of sale of the products.
The price shall be payable in full at the time of the order and prior to any download of the product or service.
The order shall be cancelled in full upon the absence of payment of the price at the time of the order.
Article 6 – Activation key
An activation key shall be necessary to obtain the automatic updates (correction of bugs, new features). An activation key shall also enable an access to the support.
The activation keys are valid for ONE (1) year as from the date of purchase. An activation key may be renewed after one year, upon the client’s express request, at a preferential rate. If a key is not renewed prior to its expiration, the product shall continue to operate but the user shall no longer have access, either to automatic updates, or to the support, or to a preferential renewal rate.
Article 7 – Order
The Client shall place his order in accordance with the specifications indicated on the Site.
Each order shall be considered as acceptance of the prices and descriptions of the products available for sale. Any objection on this point shall be made during a discussion between the parties and under the guarantees mentioned below.
Any order validated by the Client shall only be considered as effective by WP SYNTEX after acceptance by the remote payment website server STRIPE or PAYPAL.
In order to ensure the security of the transactions and prevent frauds relating to means of payment on the Internet, WP SYNTEX shall reserve the possibility to verify the reliability of the information entered at the time of registering the Client’s order.
WP SYNTEX may cancel the order in the event of the non-compliance of supporting documents or the non-issuance of these documents. In such situation, the cancellation of the order shall not offer the right for the Client to claim any damages.
WP SYNTEX shall provide the client with a copy of the order by email, confirming the express commitment of the parties. This document must be retained by the client as proof of the agreement between the parties, on any sustainable medium and under his responsibility.
The computerised records, retained in WP SYNTEX’ IT systems, under appropriate security conditions, shall be considered as the proof of communications, orders and payments that have been made between the parties. The archiving of order forms and invoices shall be made on a reliable and sustainable medium that could be provided as proof.
Article 8 – Payment
The order involves an obligation of payment, which means that the placing of an order implies payment by the client.
To pay his order, the client shall be able to choose from all the means of payment made available by WP SYNTEX and listed on WP SYNTEX’ site.
The client shall guarantee WP SYNTEX that he has the authorisations necessary to use the means of payment that he has chosen, upon validating the order form.
WP SYNTEX shall reserve the right to suspend any order management and delivery in the event of a refusal of authorisation of bank card payment by officially approved bodies or in the event of non-payment.
Article 9 – Means of payment
The payment shall be made through a secured payment system, STRIPE, by bank card (Visa, Mastercard, American Express) or PAYPAL.
WP SYNTEX shall reserve the right not to accept certain foreign bank cards.
Article 10 – Electronic signature
The on-line provision of the client’s bank card number and the final validation of the order shall be considered as proof of the client’s approval for:
- payments of the amounts due under the order form,
- signature and express acceptance of all the operations made.
In the event of fraudulent use of his bank card, the client is asked, as from the acknowledgment of such use, to contact his bank and WP SYNTEX at the contact address indicated herein.
Article 11 – Delivery arrangements
The delivery shall be understood as being the transfer to the client of the actual possession or control of the item. It shall be made after payment confirmation by WP SYNTEX’s bank.
The delivery shall be made when the client downloads the product or service. WP SYNTEX shall not be held liable for any delay in delivery due to the client’s inability to carry out such download as a result of incompatibility or damage to his equipment, software or program, or by the non-respect of the download procedures in compliance with the indicative provisions offered by WP SYNTEX.
WP SYNTEX shall also not be held liable for a delay in the download inherent to the telecommunication network (internet network, interruption of lines by the access provider or operator)
Article 12 – Transfer of risks
The item sold shall be transferred to the client once the parties are in agreement on the item and the price. Consequently, the transfer of the products and risks related thereto shall be made, under the client’s responsibility, as from the acceptance of the order form by WP SYNTEX.
WP SYNTEX shall not be held liable for the risks inherent to the use of the internet network such as loss of data, intrusion, virus, service breakdown.
Article 13 – Installation difficulties
In the event whereby the client should encounter installation difficulties on the product ordered, he may call upon WP SYNTEX to obtain on-line assistance.
The assistance which may be provided by WP SYNTEX shall not oblige it to a performance obligation and shall be limited to a verification of the compatibility of the equipment or software or technical assistance resulting from the application of the product specification.
If the installation were to prove to be impossible and regardless of the reason, WP SYNTEX shall undertake to reimburse the client within 30 days for the price of the software paid by the client.
For this purpose, the client shall request the termination of the agreement with WP SYNTEX by registered letter with acknowledgment of receipt at the address of the registered office or in writing under another sustainable medium at the contact address indicated on the site.
The agreement shall be considered as terminated upon receipt by WP SYNTEX of the letter or written document informing it of this termination.
This measure shall be considered as a legal guarantee of compliance and as a legal guarantee against latent defects.
Article 14 – Force majeure
All the circumstances beyond the parties’ control preventing the performance of their obligations under ordinary conditions are considered as causes of exemption of the parties’ obligations and shall result in their suspension.
The party who asserts the circumstances referred to above must immediately inform the other party of their occurrence, as well as their extinction.
Any events or circumstances that are compelling, external to the parties, unforeseeable, inevitable, beyond the parties’ control and which could not be avoided by the latter, despite all the efforts that are reasonably possible shall be considered as force majeure events. By express agreement, the following shall be considered as force majeure or fortuitous events, other than those usually retained by the case law of the courts and French tribunals: the interruption of transport facilities or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunication networks or difficulties specific to the clients’ external telecommunication networks.
The parties shall contact each other to examine the significance of the event and to agree on the conditions for the subsequent performance of the agreement. If the force majeure event lasts for more than three months, these general terms and conditions may be terminated by the prejudiced party.
Article 15 – Intellectual property
The website content (technical documents, designs, photographs, etc.) shall remain the seller’s ownership, as sole owner of the intellectual property rights on its content.
The clients shall undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an infringement offense.
Article 16 – Data protection and liberties
The personal data provided by the client is necessary for the processing of his order and the drafting of invoices.
It may be communicated to WP SYNTEX’ partners, responsible for the performance, processing, management and payment of the orders.
The processing of information communicated via the SITE has been subject to a declaration with the CNIL (French National Commission for data protection and liberties).
The client shall have a continuous right of access, modification, rectification and objection with regard to his personal information. This right may be exercised under the conditions and according to the terms defined on the site.
Article 17 – Partial non-validation
If one or several stipulations of these general terms and conditions are deemed to be invalid or declared as such in application of a law or regulation or following a final decision of a competent court, the other stipulations shall retain their full force and effect.
Article 18 – Non-waiver
The fact that one of the parties does not assert the non-compliance by the other party to any one of its obligations referred to herein shall not be subsequently interpreted as a waiver for the obligation in question.
Article 19 – Title
In the event of a difficulty of interpretation between any one of the titles indicated at the beginning of clauses, and any one of the clauses, such titles shall be declared non-existent.
Article 20 – Language of the agreement
These general terms and conditions of sale are drafted in the French language. In the event whereby they would be translated into one or several foreign languages, only the French text would prevail in the event of a dispute.
Article 21 – Mediation
The client may have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (consumer mediation Commission) or with existing sectorial mediation bodies, or any alternative means of dispute resolution (conciliation, for example) in the event of dispute.
The list of specialised ombudsmen is permanently updated. The client may examine the conditions of the mediation and the contact details of the appointed ombudsman, in particular on the site https://www.economie.gouv.fr/mediation-conso.
Article 22 – Applicable law
These general terms and conditions are subject to the application of French law, at the exclusion of the provisions of the Vienna Convention. This shall apply for the rules governing the content and the form. In the event of a dispute or complaint, the client shall contact WP SYNTEX in priority to reach an amicable solution.