These General Terms and Conditions (hereinafter referred to as "GTC") define the terms that allow you to use the services offered by Magavenue .
Before downloading the user must read, agree to and comply with these Terms and Conditions which supersede any prior agreement or contractual document that could bind the User and Magavenue .
The General Conditions are always available on the Site. Magavenue reserves the right to modify these at any time. The changes are effective immediately after being posted online.
The services offered by Magavenue consist in providing a non-exclusive license to use a set of computer files that make up a "Theme" or "Module" complementary to the realization an online store (hereinafter referred to as "Theme or Module") that allow you to quickly upload your shop using open source software such as: PrestaShop, Magento ...
To take advantage of services offered by Magavenue , you must download your theme or module on the website http://www.magavenue.com/boutique/ in your account.
You state be at least 18 years and have the legal capacity or holds parental permission allowing you to make advance payment to download necessary to benefit from the services offered by Magavenue
The Customer is responsible for compliance of the information provided in Magavenue when ordering, including its billing and email address.
Magavenue can not be held responsible for any data entry errors and damage may result.
Magavenue reserves the right, at any time, modify, discontinue, temporarily or permanently all or part of its content and services, in particular for reasons of maintenance and upgrade, or for any other reason, without having to inform you in advance. Magavenue can not be held liable to you or any third party for any modification, suspension or interruption of its services and the consequences that can result.
Magavenue will make every effort to provide appropriate means to perform its obligations subject to the Contract.
You expressly agree that any commercial or financial damage (such as loss of business, loss of orders, lost profits) or any action brought by a third party against Magavenue will not give right to any compensation of any kind whatsoever and howsoever caused.
In any case, the total amount of compensation Magavenue may have to pay you for any reason whatsoever is subject to prove the fault of Magavenue , limited to the amounts actually received or, in case of non-payment, the amounts that should have been collected by Magavenue , excluding reimbursement of expenses.
Assuming that Magavenue would be forced to cancel your license for any reason whatsoever, Magavenue undertakes to inform you as soon as possible and carry to refund the amounts you have paid, no compensation can be claimed.
The purchase of virtual goods such as modules or themes are by nature firm and definitive, they can give rise to exchange, redemption or exercise of a right of withdrawal.
However, Magavenue will refund or exchange the damaged virtual products, including latent defects or does not match the description given on the website.
For virtual products and / or services that may be offered by him Magavenue , the customer is informed, in accordance with the provisions of consumer law, it has a right of withdrawal he may exercise within seven (7) days from the acceptance of the Contract. In this case, the customer will not have any reasons or pay penalties.
However, the Client will not benefit from this right of withdrawal in the event that the execution of the supply of goods or services has begun before the end of the abovementioned period of seven (7) days.
The repayment of the products covered by Article Right of withdrawal of these Terms is performed within a maximum period of 30 days from the date the right was exercised.
However it will take place after the Company has received by registered letter with acknowledgment of receipt to the following address:
5 rue Georges Bizet
24700 Montpon - Menesterol
The claim of the Customer.
The repayment is made on a proposal from the Company by credit to the account of the Customer or by check or bank transfer sent to the customer who placed the order.
The repayment of a virtual product cancels the license granted to the client. This agrees in return to stop using this virtual product for the personal or professional sites.
After validating your payment, you receive an email confirming your purchase, showing you how to download the .zip compressed archive, for your license.
The zip archive contains all the files that make up the module or theme files can be of Photoshop (.PSD), Flash (.swf or .fla), HTML page, xml page, CSS PHP files that can add fonts used and a "Readme.txt" file that contains detailed explanations for the launch of your module or graphic theme. You will need unzipping software to open the .zip file (such as 7-Zip). Refer to FAQ for more information. The license to use the themes or modules of the store, whatever their denomination or presentation, are considered works of the mind and as such are the sole property of Magavenue its Partners. Only a personal right to use and not exclusive as described herein is licensed to Buyer against a flat rate fee included in the price paid by the Buyer. Unlike the Code of Intellectual Property, this license is granted in the strictest sense to the Buyer can not, in any case, copy, reproduce, distribute, modify, adapt, translate, transcribe in another language or all of the shops themes and / or their documentation by any means and in any form. Buying a theme or module of the shop only entitles a personal use license, non-transferable and limited to a single website. This can be only your site personal or professional.
If you must use the same theme or module on more of your sites, you must have one (1) license per site.
It is prohibited to redistribute the Theme or Module, either against payment or for free, without the written consent from us. If you want to redistribute our Themes or Modules, you can contact us via our form.
The purchase of this license does not allow you to change or remove this copyright on the Theme or the module and must be present at the bottom of every page of your website.
Otherwise you risk that an infringement action is brought against you as any representation, reproduction or distribution of a work of the mind, in violation of the rights of the author and license you conferred, constitutes an act of infringement.
The purpose of Magavenue consists of only providing a theme or a module for on-line a shop, accordingly, the Customer is solely responsible for the use data that is online and that will be viewed on its website. He warned that any reproduction of a work of the mind whatever nature, having the effect of making it available on the Internet without the necessary permits, may constitute a violation of intellectual property rights of third and personal liability in the civil or criminal courts.
This includes for example the respect of copyright, obscene documents of the proscription and / or contrary to public order, racist documents, undermining human dignity, immoral and this so that the responsibility of the Company may in no case be investigated.
Magavenue can not be held liable for malfunctions of the site due to the web host, his ISP, or a technical problem and resulting including downloading cancellation Themes or a module or inability to access the site http://www.magavenue.com/boutique/
In this case please contact our technical support (see later in this chapter), so that it can find a solution to your problem.
The products offered comply with French legislation.
The photographs and texts illustrating the products presented are not contractual. Consequently, the responsibility of Magavenue can not be engaged in case of error in one of these photographs or one of these texts.
If, despite our vigilance, the Themes or Modules were unavailable or incomplete when your download has been completed, Magavenue will help you through its customer support service online as soon as possible.
You can contact support via our form, available at: http://www.magavenue.com/boutique/contact-form.php
Hypertext links to other sites than the present. Magavenue , disclaims any responsibility if the content of these sites violate the laws and regulations in force.
The Intelligence information collected in the context of distance selling is required, this information is necessary for processing and delivering orders and for preparing invoices.
This information is strictly confidential. The lack of information implies the automatic rejection of the order.
In accordance with Articles 38 and following of the French Data Protection Act 78-17 of 6 January 1978, the Customer has a right to access, modify, rectify and delete personal data concerning them. If you object to your personal data are subject to treatment with Magavenue , you can not purchase products on the website.
The Company undertakes not to disclose the Client's personal information to third parties for commercial purposes. However, the Customer agrees that the Company may be required to disclose personal information in connection with legal procedures (search warrants, subpoenas, etc. ...).
These conditions of sale and the contractual relations between the Seller and Buyer are subject to French law. Any dispute relating to the benefits of Magavenue covered by these general conditions, and after an attempt of finding an amicable solution, subject to the exclusive jurisdiction of the Tribunal of Commerce of Perigueux (France).
The invalidity of any provision of these Terms does not involve the nullity of all these Terms.
http://www.magavenue.com/boutique/ site is a work protected under the Intellectual Property Code on which Magavenue holds all of the rights and particular brands manufactures, logos, graphics, photographs and any other type of data on the site.
The reproduction of any document published on the site is authorized solely for information purposes for personal and private use, any reproduction or use of copies for other purposes is expressly prohibited.
Any extraction site content www.magavenue.com requires the company prior consent Magavenue under penalty of constituting an infringement.