General Terms and Conditions of Sale (GTCS)

Client(s): Any individual or legal entity seeking to benefit from the services provided by WpBusinessCard SASU.

Contract: Refers to the online order validated by the Client, including details of the ordered items, their characteristics, prices, payment terms (bank transfer or other), and these general terms and conditions of sale.

Personal Data: Refers to data of a personal nature as defined by the General Data Protection Regulation (GDPR) and the amended French Data Protection Act (Law No. 78-17 of January 6, 1978, amended by Law No. 2018-493 of June 20, 2018, relating to the protection of personal data), provided or transmitted by the Client as part of the use of the plugin or associated services.

Plugin: Refers to the WpBusinessCard software, an extension of the WordPress content management system.

Update: Refers to functional upgrades, fixes, or improvements made to the WpBusinessCard plugin by WpBusinessCard SASU, provided these modifications do not require a substantial rewrite of the existing software. Updates include the correction of potential anomalies in the Service and are delivered as part of the Support services.

Parties: Refers to WpBusinessCard SASU and the Client.

Technical Requirements: Refers to the latest version of technical specifications recommended for hardware and software necessary for the installation and proper functioning of the WpBusinessCard plugin. The Client is responsible for managing their WordPress environment, including updates and upgrades to their equipment in accordance with technical recommendations.

Product(s): Refers to the product(s) as defined in Article 6 of these General Terms and Conditions of Sale, including usage licenses and associated services.

Service: Refers to technical support and update services provided by WpBusinessCard SASU. These services include, for the Agency offer, tailor-made solutions, personalized assistance, priority support, and advanced technical monitoring.

Site: Refers to the company’s official website, accessible at https://wpbusinesscard.com.

Support: Refers to the technical support and maintenance services provided by WpBusinessCard SASU, including installation assistance, troubleshooting, license management, and recommended updates, excluding any substantial rewrite of the plugin.

These General Terms and Conditions of Sale aim to define the technical, legal, and financial terms under which WpBusinessCard SASU provides its Clients, via its website https://wpbusinesscard.com, with a plugin designed to create and manage interactive digital business cards, intended for use with the WordPress platform.
These General Terms and Conditions of Sale apply to all orders placed on the website by a Client, whether an individual or a professional, without restriction or reservation, except for provisions explicitly agreed upon in writing between the Parties.
By placing an order, the Client acknowledges having read and accepted these General Terms and Conditions of Sale in their entirety. These terms are accessible at any time on the website and are communicated to the Client prior to the validation of any order. They take precedence over any other document, unless otherwise agreed upon in writing by WpBusinessCard SASU.

The Client declares that they have read, understood, and accepted these General Terms and Conditions.
The Client affirms that they possess the legal capacity to enter into a contract and have all the necessary authorizations required to do so in full compliance with the law.
These General Terms and Conditions of Sale are made permanently available to the Client on the website https://wpbusinesscard.com. They are enforceable against any Client upon their acceptance during the validation of the order.
Placing an order on the website constitutes full and unconditional acceptance of these General Terms and Conditions of Sale by the Client, without restriction or reservation.
It is recommended that the Client retain a copy of these General Terms and Conditions of Sale by downloading or printing them.
WpBusinessCard SASU reserves the right to modify these General Terms and Conditions of Sale at any time. These modifications will be communicated to the Client via an announcement on the website. It is the Client’s responsibility to review the General Terms and Conditions of Sale regularly before placing any new order.
The amended General Terms and Conditions of Sale will apply to any orders placed after their effective date, unless otherwise specified by WpBusinessCard SASU.
In the event of a dispute, the version of the General Terms and Conditions of Sale applicable will be the one in effect on the date of the payment validation by the Client.

To place an order, the Client must create a personal account on the website https://wpbusinesscard.com. This account is accessible via a username and a confidential password, which the Client agrees to keep secure.
The Client is solely responsible for the use of their login credentials. In the event of loss or fraudulent use, the Client must immediately inform WpBusinessCard SASU.

To place an order, the Client must follow these steps:

WpBusinessCard SASU reserves the right to cancel any order if the Client fails to meet their obligations, including but not limited to providing incomplete or incorrect information.

Once the order is validated, the Client will receive an email confirmation containing the order summary and payment details. This document serves as proof of the order.
The order is considered final upon the dispatch of this confirmation email by WpBusinessCard SASU.

Each product or service offered by WpBusinessCard SASU includes a descriptive sheet accessible on the website https://wpbusinesscard.com, presenting its essential characteristics in compliance with Article L111-1 of the French Consumer Code.

The products sold include a license to use the WpBusinessCard plugin. This license is granted for a duration of one year from the date of the order and permits the use of the plugin in accordance with these General Terms and Conditions of Sale.
The available license options are as follows:

The license is strictly personal and cannot be assigned, transferred, or sublicensed without the written consent of WpBusinessCard SASU.
The license may not be integrated into other plugins or themes.

Purchasing a license includes access to updates and technical support during the validity period of the license, which is 12 months from the date of the order. Updates provide access to functional improvements and security fixes.
Technical support is limited to the use of the plugin and excludes the resolution of issues related to the Client’s technical environment or specific configurations.
Updates, as recommended by WpBusinessCard SASU, are intended to enhance the functionality and security of the plugin. The actual installation of these updates is the responsibility of the Client, including any technical consequences that may arise.

The Client agrees to use the plugin in compliance with these General Terms and Conditions of Sale and applicable laws. Any misuse, including unauthorized reproduction or redistribution, will result in the immediate termination of the license without any right to a refund.

Product delivery is considered complete as soon as the Client accesses the download link provided by WpBusinessCard SASU following order confirmation.

In the event of non-receipt of the download link or activation license, the Client is advised to:

If the issue is confirmed, WpBusinessCard SASU commits to providing a new download link or regenerating an activation key within a reasonable timeframe.

The Client must provide a valid email address to ensure receipt of the license activation key.
For any claims regarding the delivery or activation of products, the Client must submit their request to WpBusinessCard SASU via the contact form available at: https://wpbusinesscard.com/my-account/my-support/, specifying the order details and the issue encountered.
Claims will be processed within a maximum of five (5) business days from their receipt.

The Client agrees to use the WpBusinessCard plugin within a technical environment that complies with the requirements recommended by WpBusinessCard SASU. This includes using the required version of WordPress and ensuring compatible hardware and software configurations.

The Client is responsible for keeping their equipment updated and for implementing the updates recommended by WpBusinessCard SASU to ensure the proper functioning of the plugin.

In the event of a malfunction, the Client agrees to cooperate with the technical support team by providing necessary information or following the instructions communicated by WpBusinessCard SASU.
The Client may be required to temporarily share their WordPress administrator access or other necessary credentials to diagnose and resolve reported issues.

The Client must use the plugin in compliance with applicable laws and these General Terms and Conditions of Sale. Any fraudulent or abusive use, including use beyond the limits of the granted license, may result in the termination of the license without any right to a refund.

WpBusinessCard SASU undertakes to make its best efforts to ensure the proper functioning of the WpBusinessCard plugin and the associated services. However, this commitment constitutes an obligation of means and not an obligation of results.

WpBusinessCard SASU commits to providing effective and high-quality technical assistance in accordance with professional standards. Responses to Client requests will be delivered within reasonable timeframes as announced on the website or in the documentation.

WpBusinessCard SASU strives to guarantee the availability and continuity of the services associated with the plugin. However, temporary interruptions may occur due to maintenance, updates, or unforeseen events. These interruptions will be minimized to the greatest extent possible.

WpBusinessCard SASU cannot be held liable for malfunctions or data losses attributable to external factors, such as technical incidents, malicious acts, or events beyond its control, including Internet network fluctuations. The Client acknowledges that temporary service interruptions may occur due to bandwidth fluctuations, issues with Internet service providers, or domain name registrars, independently of WpBusinessCard SASU's will.

The prices of products and services are displayed on the website https://wpbusinesscard.com. They are expressed in euros (€), excluding taxes (HT), except on the order page where they are displayed inclusive of all taxes (TTC). The applicable VAT is calculated in accordance with European Directive 2006/112/EC on the common system of value-added tax, as well as local regulations in the country of delivery specified during the order. This VAT is determined based on the information provided by the Client and may include specific rates applied to e-commerce.
WpBusinessCard SASU reserves the right to modify its prices at any time; however, the prices applied will be those in effect at the time of the order, as indicated in the order confirmation sent to the Client.

Payments for orders are made online using the secure payment methods offered on the website, including credit cards and online payment services.
The Client guarantees that they have the necessary authorizations to use the selected payment method. If the transaction is declined by the bank, the order will be automatically canceled.

Payment is required in full at the time of the order. No product or service will be provided until full payment has been validated.
In accordance with Article L. 132-2 of the French Monetary and Financial Code, the commitment to pay via a credit card is irrevocable. By providing their banking information, the Client authorizes WpBusinessCard SASU to process the payment for the total amount of the order.

A detailed invoice will be issued and sent to the Client electronically to the email address provided during the order. The Client expressly agrees to receive invoices only in electronic format.

The Client has a period of fourteen (14) days from the date of the order to request a refund. This request must be made using the contact form available on the WpBusinessCard SASU website, specifying the following information: the order number, the license number, and the email address used for the purchase. Although optional, providing the reason for the request is strongly encouraged to help us continuously improve the quality of our services.
The refund will automatically result in the deactivation of the license number associated with the product in question, preventing any further use of it. The company commits to processing the request and refunding the Client within fourteen (14) days following the receipt of the request, provided that all required information has been correctly supplied.

In the event that one of the Parties fails to fulfill its contractual obligations, the Contract may be terminated automatically by the other Party, without incurring any liability, fifteen (15) business days after the issuance of a formal notice sent via registered letter with acknowledgment of receipt, if the breach remains unremedied and is deemed reparable.

The Client may terminate the Contract at any time by notifying WpBusinessCard SASU via the contact form available on the website. The termination will take effect within seven (7) business days of receiving the request by WpBusinessCard SASU.

In the event of termination, the license associated with the product will be immediately deactivated, and the Client will no longer have access to the services and updates included in the Contract. No refunds will be granted for unused periods unless otherwise specified in these General Terms and Conditions of Sale or required by applicable law.

In accordance with Articles L. 217-4, L. 217-5, and L. 217-12 of the French Consumer Code, WpBusinessCard SASU is required to deliver a product that conforms to the contract and is free of any conformity defects at the time of delivery. The Client benefits from a legal warranty lasting two (2) years from the delivery date of the product.
In the event of a conformity defect, the Client may choose between repairing or replacing the product, except when one of these options would impose a manifestly disproportionate cost on WpBusinessCard SASU.

In accordance with Articles 1641 and subsequent articles of the French Civil Code, the Client benefits from a warranty against hidden defects in the product that render it unsuitable for its intended use or significantly diminish its usability to the extent that the Client would not have purchased it or would have paid a lower price if they had been aware of the defect.
This warranty is valid for two (2) years from the discovery of the defect. The Client may request a full or partial refund of the product or its replacement.

The legal warranties do not cover:

For any warranty-related requests, the Client must contact WpBusinessCard SASU using the contact form available on the website.

WpBusinessCard SASU commits to employing all reasonable means to ensure the proper execution of its services and to guarantee Client satisfaction. However, this commitment constitutes an obligation of means, not an obligation of results.

WpBusinessCard SASU shall not be held liable in the following cases:

In any case, WpBusinessCard SASU's liability shall be limited to the total amount paid by the Client for the relevant order.

WpBusinessCard SASU shall not be held liable for any loss of revenue, turnover, or other indirect damages suffered by the Client, even if such losses or damages result from the use of the product.

In accordance with Article 1218 of the French Civil Code, force majeure refers to an event beyond the control of the parties, which could not reasonably have been foreseen at the time of entering into the contract and whose effects cannot be avoided through appropriate measures.

In the event of force majeure, the execution of WpBusinessCard SASU's obligations will be suspended. The suspension will take effect immediately and will be notified to the Client by any appropriate means.

If the force majeure situation persists for more than three (3) consecutive months, either party may terminate the contract as of right, without any compensation being owed by either party.

The following are considered examples of force majeure:

Should any provision of these General Terms and Conditions of Sale be declared null, invalid, or unenforceable under the application of a law, regulation, or final court decision, the remaining provisions shall retain their full force and effect.

The parties agree to replace the nullified or invalidated clause with a valid provision that achieves an equivalent effect, in line with the intent and purpose of the original clause.

These General Terms and Conditions of Sale constitute the entire agreement between the parties, superseding any prior document, correspondence, or agreement not expressly incorporated herein.

Electronic records stored in the computer systems of WpBusinessCard SASU are considered valid proof of communications, orders, and payments exchanged between the parties.

WpBusinessCard SASU retains order records, invoices, and other transaction-related documents for a period of ten (10) years, in compliance with applicable regulations.

The Client may request access to their documents by contacting WpBusinessCard SASU via the contact form available on the website. An electronic copy of the requested documents will be provided within a reasonable timeframe.

All content on the WpBusinessCard SASU website, including but not limited to text, graphics, logos, images, videos, and the WpBusinessCard software, is protected under applicable intellectual property laws.
WpBusinessCard SASU remains the sole owner of all intellectual property rights related to the product and the content made available to the Client.

The purchase of a license for the WpBusinessCard software does not constitute a transfer of ownership. The Client is granted only a personal, non-exclusive, and non-transferable right to use the software, subject to the conditions outlined in these General Terms and Conditions of Sale.

The Client agrees not to:

Any violation of these provisions may result in the immediate termination of the license without refund, as well as legal proceedings.

In the event of a dispute related to the execution or interpretation of these General Terms and Conditions of Sale, the Client may access a consumer mediation service free of charge to seek an amicable resolution to the disagreement.
In accordance with Article L. 612-1 of the French Consumer Code, WpBusinessCard SASU adheres to a mediation mechanism that the Client may utilize in case of conflict.

The Client may contact the designated mediator through the following website: https://www.cm2c.net/ or by mail at:
CM2C
49 Rue de Ponthieu
75008 Paris

The Client is also informed of the existence of the European Online Dispute Resolution (ODR) platform, accessible at: https://ec.europa.eu/consumers/odr.

These General Terms and Conditions of Sale are governed by French law.

In the event of a dispute concerning the validity, interpretation, or execution of these General Terms and Conditions of Sale, the competent courts will be those within the jurisdiction of the registered office of WpBusinessCard SASU, unless otherwise required by mandatory legal provisions.