PREAMBLE
June 2024
PrestaShop is the designer and publisher of an open-source software solution, distributed under a free license (Open Software License OSL-3.0), allowing its users to create e-commerce sites.
This solution, called Solution Edition, is available for download from the PrestaShop website www.prestashop.com.
It allows its users to create and personalize their e-commerce site and add features, free or paid, freely developed by the PrestaShop community already integrated into the solution or accessible on the PrestaShop marketplace.
The benefit of the services of these General Terms & Conditions is exclusively reserved for professionals within the meaning of French consumer law. As such, it expressly acknowledges that it does not have the right of withdrawal enjoyed by consumers within the meaning of the Consumer Code.
These General Terms & Conditions govern the services provided by PrestaShop to its users. They form, with the Personal Data Protection Policy and the general conditions of use of “prestashop.com”, the totality of the General Terms & Conditions.
PrestaShop reserves the right to modify these General Terms & Conditions at any time. If applicable, the modifications will take effect fifteen (15) days after their publication on the prestashop.com site.
DEFINITIONS
Subscriptions: designates the different subscriptions offered and detailed on the PrestaShop Academy Platform.
General Terms & Conditions (T&C): designates these general conditions, including their possible annexes and modifications.
Trainers: designates the independent speaker who has been chosen by PrestaShop for his particular knowledge of the Solution, his educational qualities, and who carries out Training available on the PrestaShop Academy Platform.
Training: designates the whole formed by the Live Training and the Tutorials.
Live Training: designates the whole formed by Live Face-to-face Training and Live Remote Training provided by a Trainer.
Marketplace: designates the platform referencing all Addons accessible at the address: https://addons.prestashop.com (or any URL which may be substituted for it).
PrestaShop: Refers to the limited company with a capital of 580 852,35 euros, whose head office is located at 198 Avenue de France, in PARIS (75013), registered with the Paris RCS under number B 497 916 635.
PrestaShop Account: designates the account allowing the User to authenticate and access the services offered by PrestaShop.
PrestaShop Academy Platform or Platform: designates the online training platform offered by PrestaShop accessible at the address: Prestashop-academy.com.
Services: designates the service(s) presented by these General Conditions.
Tutorials: designates training recorded by a Trainer asynchronously and made available on the PrestaShop Academy Platform. The Tutorials may be (i) made available free of charge, over the counter, or (ii) included in the Subscription presented on the PrestaShop Academy Platform.
User: Refers to all users of the PrestaShop Academy Platform. It should be noted that Trainers are not included in this definition.
ACCEPTANCE OF GENERAL CONDITIONS
The User acknowledges that his navigation on the Platform and access to the Training is subject to his complete and unreserved acceptance of these T&C.
In the event that the User is registered for Training by his company, the latter undertakes to ensure compliance with these T&C by the User.
PURPOSE OF THE SERVICE
The Platform provides Users with Training relating to the activities of Prestashop and its products and services, allowing them to acquire in particular the knowledge necessary for the creation of an e-commerce site.
As such, PrestaShop holds French QUALIOPI certification as a training organization.
The User acknowledges that the certificates of completion of Live Training delivered by PrestaShop are informal and that the certificates issued do not have the value of an official diploma or professional certifications recognized by the State.
Several types of Training are offered on the Platform:
Live Training:
Live Face-to-face Training;
Live Remote Training;
Tutorials.
AVAILABILITY OF THE PLATFORM
PrestaShop will make its best efforts to make the Platform accessible 24 hours a day, 7 days a week without, however, being held to an obligation of result. PrestaShop may at any time suspend, limit, or interrupt access to the Platform or certain of its pages to carry out updates, modifications to its content, or any other action deemed necessary for its proper functioning.
PrestaShop does not in any way guarantee the availability, access, and continuity of the Platform and its services. Its unavailability, whatever the cause, does not entitle the User to any right to compensation.
Provision of test stores: PrestaShop provides test stores for Users who have subscribed to a Subscription. This provision is valid for the entire duration of the Subscription purchased. Users can use these test stores without obligation. PrestaShop disclaims any liability for the use of test stores, including, without limitation, loss of data, service interruptions, or any damage resulting from their use.
ACCESSIBILITY OF TRAINING
The Training catalog can be consulted on the Platform, as well as the necessary prerequisites, which are detailed in descriptive sheets. In addition, the Live Training catalog can also be consulted on the PrestaShop Marketplace.
Live Remote Training and Tutorials are only available online and cannot be downloaded.
Purchasing and accessing Training requires the creation of a PrestaShop Account. The User acknowledges and accepts that the creation of a PrestaShop Account requires the provision of information marked as mandatory. Any incomplete registration will result in the impossibility of creating a PrestaShop Account and de facto accessing the Services.
Registration on the Platform is free of charge, with no obligation to purchase and no time limit.
The User may unsubscribe at any time. If the User unsubscribes or deletes his/her account, he/she will no longer have access to the Training purchased, which will not be reimbursed.
PURCHASE OF TRAINING
6.1. Live Training
The price of a Live Training is mentioned in the description sheet on the day of payment and is exclusive of taxes.
The User makes payment using the payment methods offered.
For Live Face-to-face Training, the User can only benefit from the Training ordered after payment has been made.
The User can also ask PrestaShop to purchase Live Training by order form. In this case, payment is made by bank transfer to the contact details indicated in the order form or by check to the following address: PrestaShop SA - 198, avenue de France - 75013 Paris.
Payment for the Training is due upon signature of the order form by the company under the conditions and deadlines detailed in the order form.
PrestaShop reserves the right to block payment in order to carry out checks required by law. Rejecting payment, for any reason, automatically cancels the order.
6.2. Tutorials
Concerning Tutorials recorded by a Trainer asynchronously and made available on the PrestaShop Academy Platform, the prices are structured as follows:
Tutorials made available free of charge,
Over-the-counter Tutorials: Prices for over-the-counter Tutorials are determined by the Trainer.
Tutorials included in a Subscription: The price of the Subscription is determined by PrestaShop.
TRAINING MONITORING
Tutorials purchased are accessible and can be followed at any time by the User.
Live Remote Training takes place on the dates proposed by PrestaShop or the Trainer.
Live Face-to-face Training takes place on the dates and locations mentioned on the Order Form.
If the User is a company or an educational establishment, it is up to them to designate the person participating in the training.
In the case of a financing agreement by the French Skills Operator (OPCO), the Training must be carried out by the User within 15 days following the order.
CANCELLATION AND MODIFICATION OF LIVE TRAINING
PrestaShop or the Trainer reserves the right to cancel or modify the date or place of Formation Live no later than ten (10) calendar days before the start of the modification, the modification made will be notified to the User by email.
The User may request reimbursement for the Live Training in the following cases:
In the event of unavailability of the User on the new dates proposed by PrestaShop following a cancellation or modification of the Live Training dates and locations;
In the event of non-performance or partial execution of PrestaShop of the Live Training;
In the event of cancellation by the User at least ten (10) calendar days before the Live Training, a refund of 50% of the total amount paid may be requested.
No refund can be requested by the User:
For Live Training unless the sole fault of PrestaShop or the Trainer;
In the event of cancellation by the User of their participation in face-to-face Training less than 10 calendar days before the Live Training.
SUBSCRIPTION
9.1 Subscription. Subscription is carried out on the PrestaShop Academy Platform and requires the creation of a PrestaShop Academy account.
Subscription takes effect as soon as the user accepts these T&C and will continue as long as the user uses the service in accordance with the provisions of these T&C.
The details of each Subscription are specified in the product sheets available on the PrestaShop Academy Platform.
As specified in article 13 below, PrestaShop may modify the Tutorials, suspend their availability, or withdraw them. The Trainer can also withdraw his Tutorials. PrestaShop will make its best efforts to offer a coherent and continuous offer.
9.2 Financial conditions. The monthly price of Subscriptions is detailed on the PrestaShop Academy Platform. Unless otherwise stated, prices are expressed in euros and exclude taxes.
The price of Subscriptions can be revised at any time by PrestaShop. The User will be informed of the new pricing conditions via as well as by e-mail, sent at least thirty (30) days before the new Subscription prices come into force.
In the event of non-acceptance of the price changes by the User, PrestaShop may, in accordance with Article 10 of these T&C, terminate the Service.
PrestaShop may, at its sole discretion, offer promotional offers or price reductions.
Each month started is due and cannot be refunded.
9.3 Payment terms. Payment for the Subscription is made by monthly or annual withdrawal based on the information provided by the User at the time of subscription.
The User guarantees that he has the authorizations required to use the payment method he has provided and undertakes to take the necessary measures so that the monthly debit of the Subscription price can be made.
For Subscriptions purchased monthly :
The first billing is made on the day the User subscribes to the Subscription. It is then deducted every month on the anniversary date of the Subscription for renewal.
Any delay in payment of more than fifteen (15) calendar days of all or part of a sum due will automatically result in and without prior notice:
the immediate suspension of the Subscription until full payment of all amounts owed by the User,
the immediate payment of all sums due to PrestaShop,
the application, in addition to the fixed compensation of forty euros (€40) for recovery costs, of late payment interest at the rate of three times the legal interest rate in force on the date of non-payment, calculated on the entire sums owed by the User.
TERMINATION
Termination of the Subscription by the User: The User can freely cancel their Subscription at any time from the “manage my subscription” page of their administration space.
Termination is effective from the working day following notification and does not give rise to any reimbursement for the benefit of the User relating to the month started. Termination carries no penalty.
Termination by PrestaShop: PrestaShop may terminate a User's Subscription at any time and without justification or compensation, subject to having informed the User thirty (30) calendar days preceding the effective termination.
Suspension / Termination for fault or non-payment by PrestaShop: PrestaShop reserves the right to suspend or terminate the User's Subscription for misconduct, particularly in the following cases:
in the event of non-payment,
non-acceptance of the new T&C and/or new pricing conditions by the User;
illicit, unfair use or use contrary to the laws and regulations in force in the countries concerned;
behavior likely to harm the image of PrestaShop;
in response to a legal or regulatory obligation;
order, injunction, or decision of a competent authority (and in particular in the application of a judicial or extra-judicial decision);
and more generally any violation of these T&C.
This list is not exhaustive. This clause eliminates the need for PrestaShop to have the Subscription terminated by legal means.
Regardless of the nature of the termination, this leads to the immediate termination of the Subscription and does not give rise to any reimbursement from the User for the Service. The User thus loses access to the content of their subscribed Subscription. However, the User will be able to keep their PrestaShop Academy account.
PROPERTY INTELLECTUAL
Use of the Services does not result in any transfer of ownership between the parties. PrestaShop and the User have no rights to the brands and distinctive signs of the other party.
Consequently, the User undertakes not to infringe in any way whatsoever the intellectual property rights held by PrestaShop, in particular relating to texts, photos, videos, data, posters, logos, brands, and other elements reproduced on the sites. PrestaShop internets and its services.
The use of the PrestaShop brand in a domain name by the User is strictly prohibited. The User therefore undertakes not to use the PrestaShop registered trademark within the domain name.
Consequently, no exploitation, distribution, reproduction, or other use of these elements, even partial, can be carried out without the express prior authorization of PrestaShop.
The User may, however, cite PrestaShop as a commercial reference.
USER COMMITMENTS
L’User undertakes to adopt appropriate, correct, and courteous behavior and respect all applicable legal provisions.
Users undertake not to use the Platform in a manner that would result in damaging the functionalities, the security system, or any other component of the Platform.
LIMITATION OF LIABILITY
The User acknowledges and accepts that PrestaShop does not make any commitment or grant any guarantee, in particular relating to:
the suitability of Training to the User’s needs;
the use without malfunction or anomaly of the Platform or Training, these being, like any computer application, susceptible to malfunctions, anomalies, or errors;
the availability of the Tutorials included in the Subscription. PrestaShop may modify the Tutorials, suspend their availability, or withdraw them. The Trainer can also withdraw his Tutorials. PrestaShop will make its best efforts to offer a coherent and continuous offer.
The User is solely responsible for:
personal data that he exchanges during his interactions with the Trainer. PrestaShop declines all responsibility in the event of a dispute;
maintaining the confidentiality of its identifiers. The User is reputed to be the only one to hold and use them. PrestaShop declines all responsibility in the event of use of the Platform by a person other than the User, having their identifiers.
NON-DISCLOSURE AND NON-REPRODUCTION
The User acknowledges and accepts that the Training provided by PrestaShop is protected by intellectual property rights. Consequently, the User undertakes to:
Do not record, copy, reproduce, distribute, or broadcast the Training on other sites or platforms without the prior written authorization of PrestaShop;
Do not share the Training with unauthorized third parties, whether free of charge or for a fee;
Use the Training only for personal purposes and in accordance with these T&C.
Any violation of this clause may result in legal action and the immediate termination of the User's Subscription, without refund, as well as the removal of access to the Training and the Platform. PrestaShop reserves the right to claim damages in the event of harm resulting from the violation of this clause.
PERSONAL DATA
Personal data collected on the Platform are processed in accordance with our Personal Data Protection Policy which you will find on the PrestaShop Academy website and/or via the following link: https://www.prestashop-academy.com/legal/politique-de-confidentialite.
INDEPENDENCE OF THE PARTIES
PrestaShop and the User remain independent of each other. No stipulation in these T&C has the object or purpose of creating any partnership, mandate, representation, or relationship of subordination between the parties.
CLAIM
Any complaint relating to the User's participation in the Training must be sent by registered letter with acknowledgment of receipt to the following address: PrestaShop – Training Service – 198 Avenue de France - 75013 Paris, within 10 (ten) days following the Training.
After this period, no complaints will be taken into account.
FORCE MAJEURE
PrestaShop may suspend the Services in the event of the occurrence of an event beyond its control, a case of force majeure as defined by the case law of the French courts, or due to the action of a third party.
APPLICABLE LAW AND JURISDICTION
These T&C are exclusively governed by French law.
Any dispute which could arise from the interpretation or execution of these T&C or which could be the result or consequence thereof, will, prior to any legal or arbitral proceeding, be submitted to the mediation of a mediator seized at the request of the more diligent part. In the event of failure of mediation, the dispute will be subject to the exclusive jurisdiction of the Paris Commercial Court, notwithstanding multiple parties or warranty claims.