Terms of sale - Individual

Effective as of 10/11/2023

ARTICLE 1 - Scope of Application

These General Terms and Conditions of Sale apply without restriction or reservation to all sales concluded by the Seller with non-professional buyers (hereinafter referred to as "the Clients"), wishing to acquire the products offered for sale (hereinafter referred to as "the Products") by the Seller via the website https://www.blockloads.com/.

The Products offered for sale on the said website are:

  • Digital codes for customizing official Shopify themes.

The essential characteristics of the Products, including specifications, illustrations, and indications of size or capacity, are presented on the website https://www.blockloads.com/. It is the Client's responsibility to read these details before placing an order. The choice and purchase of a Product are the sole responsibility of the Client.

These General Terms and Conditions of Sale (GTC) are accessible at any time on the website https://www.blockloads.com/ and prevail over any other document. By ticking the box provided for this purpose before proceeding with the online order on https://www.blockloads.com/, the Client declares to have read these GTC and to have accepted them. The data recorded in the Seller's computer system serve as proof of all transactions made with the Client.

The Seller's contact details are as follows:

  • BlockLoads, SAS
  • Share capital: 6000 euros
  • Registered with the RCS: 953 667 292 R.C.S. Paris
  • Address: 60 Rue François 1er, 75008 Paris
  • Email: hello@blockloads.com
  • Phone: 0033183644944
  • Intracommunity VAT number: FR80953667292

The Products presented on https://www.blockloads.com/ are intended for sale worldwide.

In the case where an order is placed from a country other than mainland France, the Client will be considered the importer of the Products in question. The Client must pay customs duties, local taxes, import duties, and state taxes that may apply. These costs are the sole responsibility of the Client.

ARTICLE 2 - Prices

The Products are supplied at the current rates, as displayed on the website https://www.blockloads.com/ at the time of the registration of the order by the Seller.

The rates include any discounts granted by the Seller on the website https://www.blockloads.com/. These rates are fixed and are not subject to revision during their period of validity. However, the Seller reserves the right to modify prices at any time outside this period.

The payment requested from the Client corresponds to the total amount of the purchase, including any fees.

ARTICLE 3 – Order Placement

It is the Client's responsibility to select the desired Products on the website https://www.blockloads.com/ according to the following procedure:

  1. The Client selects a Product and adds it to their basket. Before finalizing their order, they can delete or modify the items in the basket.
  2. After accepting these general terms and conditions of sale, the Client enters their contact details to create a customer space or logs in to their personal space.
  3. The Client validates the information provided.
  4. Once the information is validated, the order becomes final, and payment is made according to the indicated methods.
  5. The purchased product will be accessible from the customer space.

Product offers remain valid as long as they are visible on the site, subject to stock availability. A sale will be considered valid once the full price payment has been made. The Client is obliged to verify the accuracy of their order and to report any errors immediately.

Any order placed on the website https://www.blockloads.com/ constitutes the conclusion of a distance selling contract between the Client and the Seller. The latter reserves the right to cancel or refuse any order from a Client with a dispute relating to the payment of a previous order.

ARTICLE 3 Bis - Customer Space - Account

To proceed with an order, the Client must create a personal account, also called a customer space.

To do so, the Client must fill out the registration form presented during their order. They commit to providing accurate and truthful information regarding their identity and contact details. It is the Client's responsibility to keep this information up-to-date. They can modify it by logging into their account.

Access to their personal space, as well as to the history of their orders, will require identification using their username and password. The Client is obliged to keep this information strictly confidential and not to disclose it to third parties. In case of non-compliance with this obligation, the Client remains solely responsible for any misuse.

It is important to note that sharing the client account is strictly prohibited. The client account groups purchases made, and these purchases are intended for the exclusive use of the initial buyer. Any attempt to share or unauthorized use of the account may lead to legal action.

If the Client wishes to unsubscribe, they can do so by sending an email to hello@blockloads.com. The unsubscription will be processed within a reasonable period.

In case of non-compliance with the general terms and conditions of sale and/or use, the website https://www.blockloads.com/ reserves the right to suspend or close a Client's account, after electronic notification. The deletion of the account will automatically result in the deletion of all the Client's personal information.

Any event resulting from a force majeure or causing a malfunction of the site or server, as well as any interruption or modification due to maintenance, shall not engage the Seller's responsibility.

Creating an account implies unconditional acceptance of these general terms and conditions of sale.

ARTICLE 4 - Payment Terms

4.1 Payment Methods

The price of the Products is paid via a secure payment method, according to the following terms:

  • Payment by credit card.

The amount to be paid corresponds to the total price of the purchase, including any fees.

4.2 Payment Conditions

The price of the Products is established according to the current rates displayed on the website https://www.blockloads.com/ at the time of the order.

The rates take into account any possible discounts granted by the Seller on the site. These rates are fixed and are not revisable during their period of validity. However, the Seller reserves the right to modify prices outside the period of validity.

The payment requested from the Client corresponds to the total amount of the purchase, including associated fees. The Client acknowledges that the order will only be confirmed after full payment.

If the option is available on the website https://www.blockloads.com/, the Client can choose to pay in installments according to the specified conditions. In case of delayed payment beyond the set deadlines, the Client will automatically and by right be subject to late payment penalties calculated at the applicable legal rate.

A delay in payment will lead to the immediate demand of the full amount owed by the Client, without prejudice to other legal actions that the Seller could undertake.

The Seller may suspend or cancel the delivery of ongoing orders in case of non-compliance with the payment conditions stated above.

Payments made by the Client will only be considered final after the effective collection of the amounts due by the Seller.

The Seller is not obliged to deliver the Products ordered if the total price has not been fully paid according to the terms stated.

4.3 Security of Payment Data

Payment data is exchanged in an encrypted manner using the protocol defined by the authorized payment provider for banking transactions carried out on the website https://www.blockloads.com/.

ARTICLE 5 - Deliveries

Deliveries of the Products are made within a maximum period of 3 days.

Delivery is considered complete upon the control and verification of the Products. Except in special circumstances or unavailability of one or more Products, the delivery of the ordered Products will be carried out in a single shipment.

The Seller commits to implementing all reasonable means to respect the delivery deadlines mentioned.

5.1 Delivery Delay

In case of non-delivery of the Products within 7 days after the indicative delivery date, for reasons other than force majeure or the act of the Client, the Client may request the cancellation of the sale in writing. In accordance with the provisions of articles L 216-2, L 216-3, and L 241-4 of the Consumer Code, the amounts paid will be refunded within a maximum period of fourteen days after the request for cancellation of the contract.

The Client is obliged to check the condition of the delivered Products and has a period of 24 hours from receipt to report any complaints by email to hello@blockloads.com, accompanied by the necessary supporting documents. Beyond this period and in the absence of a compliant complaint, the Products will be considered as conforming and free of any apparent defect.

In case of a proven lack of conformity or apparent defects, the Seller commits to refunding, replacing, or repairing the Products as soon as possible, in accordance with the provisions of articles L 217-4 and following of the Consumer Code.

5.2 Transfer of Risks

The transfer of risks of loss and deterioration of the Products will be effective when the Client takes possession of the Products.

ARTICLE 6 - Transfer of Ownership

The ownership of the Products sold by the Seller is transferred to the Client only after full payment of the price, regardless of the delivery date of the Products.

Until the transfer of ownership, the Client commits to taking all necessary precautions to avoid any risk of loss, theft, or deterioration of the Products.

In case of non-full payment of the price by the Client, the Seller reserves the right to take back possession of the Products.

ARTICLE 7 - Right of Withdrawal

Given the nature of the Products sold, the Customer is informed that orders placed do not benefit from the right of withdrawal.

As a result, once the order is placed and the Products delivered, the contract is considered definitively concluded and cannot be cancelled by the Customer, except in case of non-conformity of the Products or hidden defect.

The Customer is therefore invited to carefully examine the characteristics of the Products and to ensure their compatibility before placing an order.

ARTICLE 8 - Seller's Liability

8.1 Legal Warranty of Conformity and Warranty against Hidden Defects

In accordance with the legal provisions in force, the Products benefit from a legal warranty of conformity and a warranty against hidden defects.

In the event of non-conformity of a Product with the specified specifications or the presence of a hidden defect making the Product unfit for use or significantly reducing its use, the Customer may assert these warranties.

The Customer has a period of two years from the delivery of the Product to act under the legal warranty of conformity. In case of a hidden defect, the period is also two years from the discovery of the defect.

The Seller undertakes to replace or refund non-conforming Products or those affected by a defect.

8.2 Limitation of Liability

The Seller's liability is limited as follows:

  • The Seller is not responsible for indirect damages suffered by the Customer or a third party, such as data loss, decrease in clientele, commercial disturbances, loss of profits, or damage to reputation. This also includes damages or interferences on the website or applications resulting from a malfunction of the website or the use of the Products.
  • The Seller is only bound by an obligation of means and cannot be held responsible for the content produced and/or disseminated on the website by the Customer.
  • The Seller declines any responsibility for technical or functional developments of Shopify applications and the Shopify platform itself, which may render the Products unusable. Please note that the Seller is not obligated to ensure the continuous updating of the Products sold.
  • The Seller specifies that it does not support the installation of the Product mentioned. Therefore, the responsibility for proper installation lies entirely with the Customer. The Seller can in no way be held responsible for problems resulting from incorrect or inadequate installation.
  • The Seller informs that its products are generalist and do not adapt to all website or application formats.

ARTICLE 9 - Customer Service

9.1 Duration of Assistance

Following the purchase of your product, we provide customer assistance for a period of 30 days, starting from the purchase date. During this period, our team is at your disposal to provide all necessary help.

9.2 Supported Issues

We commit to resolving issues related to accessing your customer account and ensuring the proper functioning of the personalized section you have acquired in its original form and within the limits of article 9.3.

9.3 Limits of Our Assistance

It is important to note that our assistance does not cover compatibility issues with other extensions, plugins, or themes. Furthermore, we do not provide assistance regarding the installation of products or their modifications. Alterations made to the code, even minor ones, or inappropriate use of it do not fall under the responsibility of our customer service.

9.4 Contact Procedures

For any question or request for assistance, we invite you to contact us by email at the following address: support@blockloads.com. Your satisfaction remains our priority, and we are committed to supporting you within the limits of our customer service.

ARTICLE 10 - Customer's Responsibilities

10.1 Verification of Compatibility and Information Received

The Customer is required to verify the compatibility of the Products before their use and acknowledges having received all the information and advice necessary to make an informed decision during the purchase. The Customer understands the specifications of the Products and considers them adequate for their specific needs.

10.2 Installation and Use of Products

The Customer assumes full responsibility for the proper installation and appropriate use of the Products. Any damage resulting from improper installation or incorrect use falls under the exclusive responsibility of the Customer. It is strongly recommended to have in-depth knowledge and skills in the Shopify platform as well as in HTML, CSS, Javascript, and Liquid programming languages before any installation or use of the Products.

10.3 Insurances

The Customer is responsible for obtaining the necessary insurance to cover any damage, loss, or harm resulting from the use of the Products. The Seller disclaims any responsibility for the financial or material consequences related to the use of the Products.

10.4 Restricted Use of Products

The Customer acknowledges and agrees that the purchase of customizable sections for Shopify sites is subject to a single-use license, following the rules below:

  • Unique License for Specific Use: This license authorizes the use of a purchased section exclusively for a single entity (individual or legal). For example, if a section is purchased by the company "BlockLoads", then it can only be used by websites belonging to the company "BlockLoads".
  • Specific Case of Web Agencies: For agencies creating websites for clients, the purchase of a section is limited to use for a single client. A new acquisition of the section is required for each additional client. When purchasing, the agency must specify for which client the section will be used. After purchase, the section can only be used for the specified client.
  • Prohibition of Sharing: It is strictly forbidden to share, even partially, the computer code or the elements provided with the sections, in any form, outside the entity for which the license was acquired.

The Customer agrees to respect these terms under penalty of sanctions in accordance with the legal provisions in force.

10.5 Compliance with Applicable Laws

The Customer undertakes to comply with all local, national, and international laws when using the Products.

10.6 Protection of Intellectual Property Rights

Respect for the Seller's intellectual property rights is paramount. Therefore, any action aimed at sharing, copying, reproducing, distributing, reselling, modifying, adapting, or translating the code, even partially, is strictly prohibited and constitutes a violation of the intellectual property rights held by the Seller. These acts could have serious legal consequences for all parties involved.

10.7 Prohibition of Creating Unauthorized Content

It is expressly prohibited to create videos or courses that include the Products without prior authorization. Moreover, the integration of the Products into themes or models intended for sale is forbidden.

The Seller reserves the right to initiate legal proceedings to enforce the terms of use and protect its interests.

10.8 Sharing of Customer Account

Sharing the customer account is strictly prohibited. The customer account groups the purchases made, and these purchases are intended for the exclusive use of the initial buyer. Any attempt to share or unauthorized use of the account will be treated seriously and may result in legal proceedings.

ARTICLE 11 - Intellectual Property

11.1 Intellectual Property Rights

All intellectual property rights related to the Products, including but not limited to, source codes, designs, graphics, and visual elements, remain the exclusive property of the Seller. The purchase of the Products does not grant the Customer any intellectual property rights over the associated elements.

11.2 Authorized Use

The Seller grants the Customer a non-exclusive, non-transferable, and limited license to use the Products in accordance with the terms and conditions set forth in this contract. This license is personal and may not be assigned, sublicensed, sold, or transferred in any way.

11.3 Prohibitions

The Customer undertakes not to reproduce, distribute, modify, create derivative works, publicly display, perform publicly, broadcast, license, rent, sell, transfer rights, or otherwise exploit the Products, in whole or in part, except as expressly stated in this contract.

11.4 Legitimate Use

The Customer is authorized to use the Products for legitimate purposes and in accordance with the terms of this contract. Any use of the Products contrary to these terms constitutes a violation of intellectual property rights and the conditions of use set forth.

11.5 Reporting Violations

If the Customer is aware of unauthorized use or a violation of the intellectual property rights associated with the Products, they must immediately inform the Seller so that appropriate measures can be taken to stop the violation.

11.6 Feedback and Comments

Customers agree that their feedback, suggestions, or ideas can be used without any obligation for compensation or maintaining the confidentiality of the information.

ARTICLE 12 - Termination

12.1 Termination

The Seller reserves the right to terminate this contract if the Customer violates the conditions set forth herein. In case of termination, the Customer must immediately cease all use of the Products and delete all copies in their possession. All rights granted to the Customer under this contract will be automatically revoked.

12.2 Maintenance of Certain Provisions

The provisions of articles 8, 10, 11, 12, 13, 14, and 15 will remain in force even after the termination of the contract and will continue to apply.

12.3 Additional Measures

If termination is due to non-compliance with contractual conditions, the Seller reserves the right to take legal action if deemed necessary to protect its rights and interests.

12.4 Refund

In case of termination by the Seller, no refund will be granted to the Customer. Once the product purchase is made, it is considered final and non-refundable.

ARTICLE 13 - Disputes

13.1 Complaints and Mediation

For any complaint or dispute, the Client is invited to first contact the Seller's customer service at the following email address: support@blockloads.com. In the absence of an amicable agreement or if there is no response from the professional within a reasonable period of one (1) month, the Client, as a consumer in the sense of Article L.133-4 of the Consumer Code, has the possibility to refer the matter free of charge, if a disagreement persists, to the competent mediator listed on the list of mediators established by the Evaluation and Control Commission of Consumer Mediation in accordance with Article L.615-1 of the Consumer Code, namely: The Professional Mediation Society, www.mediateur-consommation-smp.fr, 24 rue Albert de Mun - 33000 Bordeaux.

13.2 Online Dispute Resolution (ODR)

The Client also has the option to use the Online Dispute Resolution (ODR) platform offered by the European Commission. This platform can be accessed via the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show.

13.3 Competent Courts

All disputes arising from purchase and sale operations under these General Terms and Conditions of Sale, and which have not been amicably resolved between the Seller and the Client, will be submitted to the competent courts in accordance with current laws.

ARTICLE 14 - Personal Data

14.1 Collection and Use of Data

The Client is informed that the collection of their personal data is necessary for the sale of Products and their delivery/distribution, entrusted to the Seller.

14.2 Types of Data Collected

During the creation of the Client/user account, the following data is collected: name, first name, email address, website, postal address, and phone number. In case of purchasing Products, the final user's name and financial data (banking or credit card information) are also collected.

Furthermore, the Seller reserves the right to retrieve and review URLs of sites using the Products for compliance verification and service improvement purposes.

14.3 Recipients and Data Controller

Personal data is intended exclusively for the use of the Seller and its employees, as Data Controller in accordance with the Data Processing and Liberties Law and the Regulation 2016/679 on the protection of personal data.

14.4 Data Retention Period

The Seller keeps the collected data for a period of 5 years, covering the period of contractual civil liability prescription.

14.5 Security and Confidentiality

The Seller implements organizational, technical, software, and physical measures to protect personal data against alterations, destruction, and unauthorized access. However, it is important to note that the Internet is not a completely secure environment and the Seller cannot guarantee the total security of the transmission or storage of information on the Internet.

14.6 Rights of Clients and Users

In accordance with the regulations applicable to personal data, Clients and users of the site https://www.blockloads.com/ have the following rights:

  • Right of access to know their personal data.
  • Right to rectification of inaccurate or incomplete data.
  • Right to erasure of their personal data.
  • Right to data portability to another service provider.
  • Right to object to the processing of their data by the Seller.

For the exercise of their rights or any request related to personal data, Clients can submit a request via the following email address: support@blockloads.com. A response will be provided within a maximum period of one month.

14.7 Consent and Unsubscription

The Client may be required to check a box to agree to receive informational and advertising emails from the Seller. They retain the ability to withdraw their consent at any time by contacting the Seller via the following email address: support@blockloads.com.

ARTICLE 15 - Applicable Law - Language

15.1 Applicable Law

These General Terms and Conditions of Sale are subject to the law in force in the Seller's country. Any dispute relating to the formation, execution, or interpretation of these General Terms and Conditions of Sale will be submitted to the exclusive jurisdiction of the competent courts within the jurisdiction of the Seller's registered office.

15.2 Contract Language

The language of the contract is French. These General Terms and Conditions of Sale are written in French. In case of translation of these General Terms and Conditions of Sale into one or more languages, the French version shall prevail in the event of any contradiction or dispute concerning their meaning or effect.