Terms - WP Rocket

WP-ROCKET.ME – GENERAL TERMS AND CONDITIONS OF SALE – DECEMBER 2017

wp-rocket.me is a specialized catalog-based e-commerce website. The website is published and operated by WP MEDIA, a French simplified stock corporation registered in the Lyon Trade and Companies Register under SIRET number 800 260 648 00046, with its registered office at 4 rue de la République – 69001 LYON – FRANCE.

1 Definitions

Agreement: the online order confirmed by the Customer, setting out the items ordered, features, prices, bank or SEPA payment details where applicable and these General Terms and Conditions of Sale.

Customer(s): any individual or legal entity wishing to benefit from the services provided by WP MEDIA.

Parties: WP MEDIA and the Customer.

Personal Data: personal data as defined by European regulations and, in particular, in France by the Data Protection Act (“loi informatique et libertés”) of January 6, 1978, as amended, which is entered, disclosed or communicated by the Customer while using the Product.

Plugin: the WP ROCKET plugin for the WORDPRESS content management system.

Products: the Products as presented in clause 6 hereof.

Service: Support and Updates.

Support: the support, assistance and/or maintenance services provided by WP MEDIA, including support, maintenance and upgrading services under the License, on the condition that such modifications or upgrades would not require rewriting of a substantial part of the existing Plugin.

Technical Requirements: the latest version of the list of hardware and system specifications recommended by WP MEDIA and appropriate for the use of the plugins, which the Customer must implement and maintain in compliance. The Customer shall be responsible for managing their use of WordPress and for upgrading their hardware and systems in accordance with changes made to the Technical Requirements.

Update: the improvements made to the existing standard application services accessible via the Service and decided upon unilaterally by WP MEDIA, in terms of feature upgrades and on the condition that such modifications or upgrades do not require rewriting of a substantial part of the existing standard application services. Updates include corrections to any anomalies in the Service. Updates are provided as part of the Support service.

Website: www.wp-rocket.me

2 Scope of application of the General Terms and Conditions of Sale

These General Terms and Conditions of Sale set out the technical, legal and financial terms and conditions subject to which WP MEDIA SAS provides its Customers with a plugin to the WORDPRESS Content Management System via its website at www.wp-rocket.me.

3 Acceptance and enforceability of the General Terms and Conditions

The Customer represents that it has read, understood and accepted these General Terms and Conditions.

The Customer represents that it has the capacity to contract and that it holds the necessary authorization and powers to do so.

The Customer is regularly reminded of these General Terms and Conditions of Sale at the bottom of each page of each order. They are enforceable against all Customers.

Accordingly, every order placed via wp-rocket.me entails the Customer’s unconditional acceptance of the General Terms and Conditions of Sale.

The Customer is advised to save a copy of and/or print out these General Terms and Conditions of Sale. WP MEDIA may also send a copy of these General Terms and Conditions of Sale to any person so requesting.

WP MEDIA reserves the right to revise these General Terms and Conditions of Sale at any time. As far as possible, WP MEDIA shall notify revisions made to the General Terms and Conditions of Sale via an announcement on wp-rocket.me. Notwithstanding, WP MEDIA advises the Customer to consult the General Terms and Conditions of Sale regularly and before placing any further order.

Users may download or consult the revised General Terms and Conditions of Sale at: https://www.wp-rocket.me/fr/cgv/.

Acceptance of these revised General Terms and Conditions of Sale is carried out via the process defined in the clause entitled “Acceptance and enforceability of the General Terms and Conditions of Sale”.

Use of the Application after the effective date of the revised General Terms and Conditions of Sale shall imply acceptance of the revised General Terms and Conditions of Sale. The revised General Terms and Conditions of Sale shall come into force as of their publication, unless it is specified that their effectiveness is deferred until a later date.

The version applicable to a given order shall be the version applicable on the date on which payment is confirmed.

Unless otherwise stated, the revised General Terms and Conditions of Sale shall cancel and supersede all interactions occurring between the Parties prior to the order.

Exceptions to these General Terms and Conditions of Sale shall only be enforceable against WP MEDIA if they have been duly agreed and recorded in a written document signed by WP MEDIA.

4 Ordering

4.1 Creating a Customer Account requires a login and password

To place an order, the Customer may create their personal Customer Account beforehand by following the instructions on the website.

The Customer can then log in to their Customer Account using their login and password.

The Customer is solely liable for all use that is made of their login and password. The Customer is solely liable for keeping their login and password confidential. Accordingly, WP MEDIA shall on no account be held liable for any loss or damage arising from use by an unauthorized third party.

4.2 Placing an order

To place an order, the Customer must follow the steps described below:

Go to the Website;
Follow the instructions on the Website and connect with a login and password if already registered;
Select the required Product;
Check the order summary and correct any errors;
Enter the promotional code, if any;
Select the required payment method;
Accept these General Terms and Conditions;
Confirm the order and the total price excluding VAT;
Complete the payment procedure.

WP MEDIA reserves the right to cancel the order in the event of error or omission in entering the required fields.

4.3 Order confirmation

The Customer receives an order confirmation email including a summary of the order. The order is not firm and final until WP MEDIA sends this email confirmation. WP MEDIA advises the Customer to save a copy of or print out the email confirmation of the order.

5 Products and Services

5.1 Product and Service Factsheets

The basic features of each Product offered via the Website are set out in a corresponding factsheet, which may be viewed on said Website, in accordance with Article L111-1 of the French Consumer Code.

5.2 Specific features of Products and Services

5.2.1 License for use of the plugin

The product granted by WP MEDIA is a license for use of the WP ROCKET plugin.

There is a range of licenses offered:

Single: use of plugin for one website;
Growth: use of plugin for 10 websites;
Multi: use of plugin for 50/100/500 websites.

The Multi license may not be used by web hosting companies on behalf of their customers.

5.2.2 Support and update service

Purchase of a WP ROCKET plugin license comes with a one-year support and update service effective from the order date.

The IT support service applies only to use of the License it is sold with.

Updates are installed on WP MEDIA’s recommendation. WP MEDIA is not responsible for the actual installation of updates on the Customer’s hardware or for any technical consequences arising.

6 Receipt of Products – Non-receipt – Complaints

6.1 Receipt of Products

Receipt of the Products is complete once the Customer activates the download link.

6.2 Non-receipt

If the Customer fails to receive the activation key for the WP ROCKET License, WP MEDIA will cancel the code that has been transferred. A new activation code for the License will be generated and sent via email to the Customer.

6.3 Complaints

The Customer is prompted to supply a valid email address in order to receive the API activation key.

Before making a complaint, Customers are advised to check their Spam folder for the email containing the activation key.

In the event that, after the required checks have been performed, the delivery email was not received, the Customer is advised to send their comments by email to: [email protected] with their order number as stated in the confirmation email.

7 Customer’s cooperation and obligations

The Customer shall see that its hardware and systems comply with the Technical Requirements for use of the Product. The Customer shall install the updates recommended by WP MEDIA for the use of the WP ROCKET plugin.

The Customer shall provide all items and information necessary or useful for the purpose of making improvements to the plugin, in particular by submitting a support ticket whenever a malfunction is identified in the plugin.

The Customer agrees to cooperate with WP MEDIA for the provision of the support service. In this respect, the Customer agrees to provide WP MEDIA with their login or access code to the WORDPRESS Content Management System or to perform the operations recommended by WP MEDIA in order to deal with any malfunctions identified by the Customer.

8 WP MEDIA’s obligations

WP MEDIA is only subject to a best efforts obligation.

WP MEDIA agrees to use its best efforts to ensure the proper delivery of the license for use of the WP ROCKET plugin.

WP MEDIA agrees to exercise all due care and diligence necessary in order to provide a quality IT support service in accordance with industry practice and the current state of science and technology.

WP MEDIA agrees to employ all means to ensure the ongoing availability, continuity and quality of the services provided for by the Agreement.

The Customer hereby acknowledges that fluctuations in bandwidth and contingencies related to Internet service providers and domain name registrars may interrupt access to the service offered by WP ROCKET, beyond WP MEDIA’s control.

9 Price and payment

9.1 Price

9.1.1 Pricing

The prices and technical specifications of the Products and Services offered by WP MEDIA may be viewed at www.wp-rocket.me.

Prices are shown in USD and include VAT.

The pricing communicated to the Customer is the pricing in force as of the date of payment of a Product or Service.

WP MEDIA reserves the right to revise its pricing at any time.

9.1.2 Promotional code

The Customer may use a promotional code to be entered when the order is placed. NB: only one promotional code is allowed per order.

9.2 Payment

Products remain the property of WP MEDIA until full payment is received.

Payment is due and payable upon placement of an order.

Customers may pay by PayPal, a payment system that uses the Secure Socket Layer protocol, or by credit/debit card.

Pursuant to Article L132-2 of the French Monetary and Financial Code, a payment undertaking given by means of a credit/debit card is irrevocable. By providing information on their credit/debit card, the Customer authorizes WP MEDIA to debit their card for the amount corresponding to the price.

For this purpose, the Customer confirms that they are the holder of the credit/debit card to be debited and that the name shown on the card is the Customer’s own name. The Customer shall provide the card number and expiry date and, if required, the card security code (CSC).

Payment, whether online or on delivery, will not be debited from the Customer’s account or paid into WP MEDIA’s account until the Product activation key has been delivered by WP MEDIA.

The Customer agrees to receive only digital invoices.

10 Cancellation

Customers that have stated their intention of downloading the Product before expiry of the 14-day cooling-off period and that have expressly waived the right to cancel their order shall not be entitled to cancel.

In this case, the following message appears before the Customer starts downloading:

“By downloading, I wish to have immediate access to the downloaded content and, accordingly, I waive my right to cancel my order.”

11 Termination

If either of the Parties breaches any of its contractual obligations, the other Party may automatically terminate the Agreement, without incurring any liability as a result, fifteen (15) business days after serving formal notice by registered mail with return receipt requested, to which no response has been provided although the breach could have been rectified.

12 Warranty – Warranty disclaimer

Where the Customer is a consumer, he or she shall benefit from the statutory warranty regarding latent defects provided for by Articles 1641 et seq. of the French Civil Code.

Pursuant to Article L217-5 of the French Consumer Code, the provisions of Articles 1641 and 1648 of the French Civil Code are set out below:

Article L217-4

The seller shall deliver a product that conforms to the agreement and shall be liable for non-conformities existing upon delivery.
The seller shall also be liable for non-conformities resulting from packaging, assembly instructions or installation, where the agreement provides that the seller is responsible for installation or where installation has been carried out under the seller’s responsibility.

Article L217-5

The product conforms to the agreement:

1 If it is suited to the use normally expected of a similar product and, where applicable:

– if it corresponds to the description provided by the seller and has the properties presented by the seller to the buyer in the form of a sample or model;

– if it has the properties that a buyer can reasonably expect in light of public statements made by the seller, producer or its representative, including within the framework of advertising or labeling;

2 Or if it conforms to specifications defined by agreement between the parties or is suited to any specific use required by the buyer, notified to the seller and accepted by the seller.

Article L217-12

Legal action arising from non-conformities is time-barred two years following delivery of the product.

Article 1641

The seller is liable under the warranty for latent defects in the item sold that render it unsuited to its intended use, or that hinder such use to such an extent that the buyer would not have purchased the item or would have paid a lower price if the buyer had been aware of such defects.

Article 1648

Legal action arising from latent defects must be initiated by the buyer within two years following identification of the defect.

12.1 Claims under the warranty

The warranty provided by WP MEDIA is limited to refunding non-conforming Products or Products containing a latent defect.

In order to file a claim, the Customer must report the existence of a defect or non-conformity within fourteen days of making the purchase.

More details: https://wp-rocket.me/refund-policy/

12.2 Warranty disclaimer

The Customer is solely liable for the choice, storage and use of the Products.

No claim may be made under the warranty in the event of misuse.

13 Liability

WP MEDIA assumes an overall best-efforts obligation vis-à-vis the Customer, whereby it agrees to use its best efforts in performing the Service provided for herein.

WP MEDIA shall not be held liable for damage resulting from use of the plugin by the Customer after the end of a period of 365 (three hundred sixty-five) calendar days following the order.

WP MEDIA shall not be held liable for repairing damage arising from the use of Internet such as data loss, intrusion, viral attack, loss of connection and any other incidents unrelated to the subject matter of the Service.

WP MEDIA shall not be held liable for any incidental damage, including financial loss, in particular loss of profits, unless such damage results from negligence or willful misconduct on the part of WP MEDIA.

WP MEDIA shall not be held liable for malfunctions identified by the Customer during the use of the plugin license, if the Customer has not executed the updates recommended by WP MEDIA or has not performed the operations recommended by WP MEDIA following identification of a malfunction by the Customer during the performance of the Agreement.

WP MEDIA shall not be held liable for business interruption caused by the performance of its support and update service, unless such damage results from negligence or willful misconduct on the part of WP MEDIA.

In any event, WP MEDIA’s liability shall be limited to payment of damages not exceeding the amount paid by the Customer when placing the order.

14 Force majeure

Neither of the Parties shall be held liable for delay, non-performance or any other breach of its obligations relating to the Order and/or the warranty where such occurrence is due to force majeure or unforeseeable circumstances.

Besides the instances of force majeure and unforeseeable circumstances generally recognized by the French courts, force majeure and unforeseen circumstances shall also include total or partial strikes, whether internal or external to the company, lockouts, adverse weather conditions, interruption of transport facilities or supply chain for any reason whatsoever, earthquakes and seismic waves, fire, storms, floods, damage caused by water, statutory or governmental restrictions, statutory or regulatory changes in forms of marketing, computer breakdowns, interruption of telecommunications services including cable or mobile (GSM, GPRS, 3G, 4G, etc.) telephone networks or any other cases outside the express will of the Parties that prevent the performance hereof under normal and/or reasonable conditions.

Initially, the force majeure event or unforeseeable circumstance shall have the effect of suspending performance hereof.

If the force majeure event or unforeseeable circumstance lasts for more than three (3) months and unless the Parties agree otherwise, these General Terms and Conditions of Sale shall be terminated automatically, without the need to seek a court ruling, serve formal notice or provide prior notice.

In such event, the Parties shall not be held liable for the total or partial non-performance of their obligations hereunder.

15 Severability

If any provision of the General Terms and Conditions of Sale is declared to be invalid on grounds of nullity, voidness, lack of binding effect or unenforceability in application of a law, regulation or final ruling handed down by a court with jurisdiction, this shall not entail the nullity, voidness, lack of binding effect or unenforceability of the remaining provisions of said General Terms and Conditions of Sale and shall have no effect on the remaining contractual provisions, which shall retain their full effect, force and scope with regard to all of the contracting Parties.

In such event, the Parties may agree to replace or amend the invalid provision(s).

16 Probative documents

The online entering of a credit/debit card number and confirmation of the order by the Customer shall constitute proof of the order and shall render the corresponding payment due and payable.

The following may also constitute legal proof of communications: the order, the Customer’s payment and all documents generated from records of purchase orders and invoices in WP MEDIA’s computer systems.

17 Personal Data

Personal Data means data provided by the Customer enabling the Customer to be directly or indirectly identified, as defined by the French Data Protection Act of January 6, 1978, as amended.

The Personal Data that the Customer is required to provide will be processed in accordance with the French Data Protection Act of January 6, 1978, as amended, and will be stored for three years after the end of the commercial relationship.

A declaration has been made to the French Data Protection Authority (CNIL) regarding the processing of the Personal Data collected via the Website.

Personal Data collected via the Website is hosted by one.com, Kalvebod Brygge 24, DK-1560 Copenhagen, Denmark.

17.1 Purpose of processing

The Data provided when a Customer logs in or purchases a Product is processed for the following purposes:

Access to Products;
Preparation of invoices;
Circulation of newsletter, if applicable;
Compilation of statistics on the use of the Website;
Improvement of marketing and promotion initiatives, as well as Website content and offers;
Receipt of customized offers.

17.2 Recipients of Personal Data

WP MEDIA agrees to take all useful precautions and implement all appropriate organizational and technical measures to maintain the security, integrity and confidentiality of Personal Data and, in particular, to prevent such data from being altered, damaged or accessed by unauthorized third parties.

17.3 Personal Data provided to government agencies and bodies

Pursuant to applicable regulations, Personal Data may be provided to the relevant authorities on request, including government bodies, solely in order to comply with legal obligations, court officers, ministerial officials and debt collection agencies.

17.4 Personal Data provided to third parties

WP MEDIA agrees not to sell or transfer Personal Data that has been collected to third parties, except as provided for by clause 17.3 hereof.

17.5 Customer’s right to oppose, correct and delete Personal Data

Pursuant to the French Data Protection Act of January 6, 1978, as amended, Customers have the right to access, challenge, modify, correct and delete their Personal Data.

Customers also have the right to oppose the processing of their Personal Data, provided they have legitimate reasons to do so, as well as the right to oppose the use of such data for the purposes of sales prospecting.

This assurance does not apply to processing for statistical purposes where the data is processed globally and anonymously.

Customers may exercise their rights by sending an email to WP MEDIA via the “Contact” page or by mail to:

SAS WP MEDIA
4 rue de la république
69001 LYON
FRANCE

18 Cookies

Information on the Customer’s browsing on the Website is stored by cookies.

Pursuant to applicable regulations, this information may be stored for a period of up to 13 months.

Cookies do not allow the Customer to be identified.

The Customer may oppose the recording of cookies and disable them in its web browser settings, on the understanding that this may restrict their use of the Website.

19 Intellectual property

The content of the website created by WP MEDIA is the exclusive property of WP MEDIA, which is the holder of all the related intellectual property rights.

The Customer agrees not to copy, reproduce or download all or part of its content, without written and express prior authorization from WP MEDIA.

Any full or partial copy, reproduction or download of website content created by WP MEDIA is liable to constitute an infringement.

The Customer agrees not to copy, reproduce or attempt to reproduce the plugin offered by WP MEDIA.

WP ROCKET’s granting of a License for use shall not entail the transfer of intellectual property rights in the Product.

Any Product for which a License is granted remains the property of WP ROCKET. Accordingly, pursuant to the Agreement, the Customer only acquires from WP ROCKET a non-exclusive, non-transferable personal right to use the Products featured in the online order.

20 Mediation

Pursuant to the French Consumer Code, in the event of a dispute, the Customer may have free use of the Médicys mediation service, which may be contacted via the Médicys website at: www.medicys.fr or by mail to 73 Boulevard de Clichy, 75009, Paris.

The Customer is entitled to appoint a mediator of their choice from the Médicys list of registered mediators. This list comprising over 80 professionals based all over France may be consulted at: https://www.medicys.fr/index.php/nos-mediateurs/

Pursuant to Article L616-2 of the French Consumer Code, WP MEDIA hereby notifies the Customer of the existence of the online platform set up by the European Commission for the purposes of registering complaints arising from online purchases made by European consumers and forwarding these complaints to the relevant national dispute resolution bodies. The platform may be accessed via: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR

21 Governing law and jurisdiction

All disagreements and disputes regarding the validity, interpretation, performance, consequences and implications of these General Terms and Conditions of Sale shall be governed by French law.

All disputes relating to the formation, interpretation, validity, performance or termination of the contractual relations established between a trader Customer and WP MEDIA, as well as all disputes regarding either Party’s liability in tort, shall be referred to the courts of Lyon.

All disputes relating to the formation, interpretation, validity, performance or termination of the contractual relations established between a non-trader Customer and WP MEDIA, as well as all disputes regarding either Party’s liability in tort, shall be referred in accordance with the provisions of ordinary law regarding the assignment of jurisdiction.