Terms and Conditions - WP MediaSwipe

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.
Visitors: People who visit the website
Customer(s): any individual or legal entity wishing to purchase and benefits from the MediaSwipe products
PCS: PANDACORP SAS.
Parties: PCS 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.
Theme: The MediaSwipe theme for the WORDPRESS content management system.
Product: The MediaSwipe theme that can be purchased
Service: Support and Updates.
Support: the support, assistance and/or maintenance services provided by PCS 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.
We: Refers by PCS

Last update 2023/01/02

Article 1: About

MediaSwipe.co (https://wpmediaswipe.com) is an e-commerce website that sells a WordPress Theme called MediaSwipe. The website is published and operated by PCS, a French company with registration number: 823671524 and registered address: 7 B RUE DU CHAPEAU ROUGE 21000 DIJON

MediaSwipe Theme is a WordPress Theme that allows customers to create a media swiper site.

Article 2: Acceptance of the general terms and conditions

Please read these Terms and Conditions carefully before using the https://wpmediaswipe.com and purchasing MediaSwipe theme operated by PCS. Your access to and use of the website and the product is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all users who access or use the the product. By visiting the site and purchasing the product you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the website.

PCS reserves the right to make changes to these Terms at any time and. All changes are effective immediately from the time PCS posts them, and apply to all access to and use of the website. By continuing to visit MediaSwipe.co and using our product, you agree to the Terms as modified or as they currently appear. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

By using our product, you consent to receiving communications from PCS electronically, including emails. You acknowledge and agree that all communications that PCS sends to you electronically satisfy any legal requirement that such communications be in writing. If you wish at any time to withdraw your consent to receiving communications from PCS, please email wpmediaswipe@gmail.com notifying PCS of the withdrawal of your consent.

Accordingly, every order placed via https://wpmediaswipe.com entails the Customer’s unconditional acceptance of the General Terms and Conditions of Sale.

Article 3: Products and Services

The product granted by PCS is a license for use of MediaSwipe theme.

There is only one kind of license, the single license for the use of the them on one site only. A customer must purchase other licenses to create multiple sites.

Purchase of a MediaSwipe Theme license with a one-year support effective from the order date.

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

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

It’s the customer liability to verify that its hardware and systems comply with the technical requirement for use of MediaSwipe Theme. The Customer shall install the updates recommended by PCS.

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

Article 4: Receipt of Products & non receipt

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

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

If the Customer fails to receive the activation key for the MediaSwipe Theme license, PCS 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.

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: wpmediaswipe@gmail.com with their order number as stated in the confirmation email.

Article 5: MediaSwipe obligations

PCS and MediaSwipe is only subject to a best efforts obligation.

PCS agrees to use its best efforts to ensure the proper delivery of the license for use of MediaSwipe Theme.

PCS 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 MediaSwipe Theme beyond PCS’s control.

Article 6: Pricing, Payment and purchase

The prices and technical specifications of the Products and Services offered by PCS may be viewed at https://wpmediaswipe.com

Prices are shown in USD and EUR (for the citizens of the European include VAT).

The pricing communicated to the Customer is the pricing in force as of the date of payment of a Product or Service. PCS reserves the right to change the price at any time.

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

PCS offers 2 payment methods: Stripe using credit card and Paypal.

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 PCS 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 PCS’s account until the Product activation key has been delivered by PCS.

The Customer agrees to receive only digital invoices.

To place an order, the Customer may create their personal Customer Account beforehand or during the checkout process by following the instructions on the website. The customer must give a valid email address to receive the product.

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, PCS shall on no account be held liable for any loss or damage arising from use by an unauthorized third party.

To purchase MediaSwipe Theme, the customer must follow these steps :

Go to the Website https://www.wpmediaswipe.com
Go to the Pricing page and click on the plan to select the product
In the checkout process, the customer is asked to be logged or to create an account
Select the required payment method : credit card or Paypal
Complete the required information
Confirm the order and the total price including VAT
Complete the payment procedure.
PCS reserves the right to cancel the order in the event of error or omission in entering the required fields. The Customer receives an order confirmation email including a summary of the order. The order is not firm and final until PCS sends this email confirmation. PCS advises the Customer to save a copy of or print out the email confirmation of the order.
The customer can cancel the automatic renewal directly into its dashboard.

Article 7: Refund

Customers that have stated their intention of downloading the Product before expiry of the 14-day money-back guarantee period.

If the product doesn’t meet the customers expectations, we will refund him/them within 14 days of the date of purchase. We do not offer refund after this 14-day cooling off period.

Our product doesn’t include a demo trial period. We will process the refund as we’re able to.

To submit a refund request, please contact us at: wpmediaswipe@gmail.com

Please note that by purchasing the product, you agree to the terms of the Refund Policy.

Article 8: Liability

PCS 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.

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

PCS 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.

PCS shall not be held liable for any incidental damage, including financial loss, in particular loss of profits.

PCS 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 PCS or has not performed the operations recommended by PCS following identification of a malfunction by the Customer during the performance of the Agreement.

PCS shall not be held liable for business interruption caused by the performance of its support and update service.

PCS shall not be held liable forthe interruption of use of the product. For example if you break DMCA rules and lose access to your website, we’re not be held liable for this damage.

We’re not responsible for the content published on the site made with our products. We only sell the product and shall not be held liable if the product is use for illegal purposes.

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

Article 9: Prohibited use and termination

Even though PCS shall not held reliable for using MediaSwipe theme to upload and sell illegal content we reserve the right to stop your MediaSwipe license if you purchase MediaSwipe theme for prohibited use like:

Use MediaSwipe in any way or take any action that causes, or may cause, damage to the website, the brand, the product or impairment of the performance, availability or accessibility of the website;
Use MediaSwipe in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
Use MediaSwipe to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to MediaSwipe without our express written consent;
Access or otherwise interact with MediaSwipe using any robot, spider or other automated means[, except for the purpose of search engine indexing;
Use data collected from MediaSwipe for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing);
You must not use data collected from MediaSwipe to contact individuals, companies or other persons or entities;
You must ensure that all the information you supply to us through MediaSwipe, or in relation to MediaSwipe, is true, accurate, current, complete and non-misleading;
Post or share any content that is harmful, inaccurate, threatening, abusive, vulgar, violent, harassing, hateful, menacing, scandalous, inflammatory, blasphemous, racially or ethnically offensive. Photos, videos and comments that depicts minors, incest and torture scenes is strictly forbidden;
Photos, videos and comments that depicts minors, incest and torture scenes is strictly forbidden as revenge porn, rape simulation, lack of consent, genital mutilation necrophilia. Whether it is explicit or by use of any acronyms and abbreviations;
Impersonate another individual or entity, whether actual or fictitious; falsely claim an affiliation with any individual or entity.

Article 10: 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.

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.

Article 11: 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.

Article 12: 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).

Article 13 : 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 PCS’s computer systems.

Article 14: 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 NAMECHEAP, 4600 East Washington Street, Suite 305, Phoenix, AZ 85034, USA.

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.
We will take appropriate technical and organisational precautions to secure your personal data and to prevent the loss, misuse or alteration of your personal data.
We will store all your personal data on secure servers, personal computers and mobile devices, and in secure manual record-keeping systems.

The following personal data will be stored by us in encrypted form: your name, contact information, password(s) and cardholder data.

Data relating to your enquiries and financial transactions that is sent from your web browser to our web server, or from our web server to your web browser, will be protected using encryption technology.

You acknowledge that the transmission of unencrypted (or inadequately encrypted) data over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.4.6 You should ensure that your password is not susceptible to being guessed, whether by a person or a computer program. You are responsible for keeping the password you use for accessing MediaSwipe confidential and we will not ask you for your password (except when you log in to MediaSwipe).

PCS agrees not to sell or transfer Personal Data that has been collected to third parties, except as provided for.

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 PCS via the “Contact” page.

Article 15: 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.

Article 16: Intellectual property

You must not reproduce, distribute, publicly display, republish, download, or transmit any of the material on the website or product.

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

All rights not expressly granted are reserved by PCS. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

The MediaSwipe name, logo and all related names, logos, product and service names, designs, and slogans are trademarks of PCS or PCS affiliates and licensors. You must not use such marks without PCS written permission.

Article 17: 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 PCS, as well as all disputes regarding either Party’s liability in tort, shall be referred to the courts of Dijon.

All disputes relating to the formation, interpretation, validity, performance or termination of the contractual relations established between a non-trader Customer and PCS, 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.

Article 18: DMCA

PCS and MediaSwipe respects the intellectual property rights of third parties and voluntarily complies with the Digital Millennium Copyright Act (DMCA).

We do not permit copyright infringing activities or infringement of other intellectual property rights on the Site, and we will remove all content and submissions if properly notified that the content or submission infringes on another’s copyrights.

Article 19: Additional information and assistance

If you have any questions or concerns about this Privacy Notice and/or how we process personal data, please contact us at wpmediaswipe@gmail.com