Terms of sale - Professional

Effective as of November 10, 2023

ARTICLE 1 - Scope

These General Terms and Conditions of Sale apply without restriction or reservation to all sales concluded by the Seller with professional buyers, as well as to these buyers' clients (collectively referred to hereinafter as "The Clients"). These sales involve the acquisition of 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 this site are:

  • Digital codes to customize official Shopify themes.

The essential characteristics of the Products, including specifications, illustrations, and indications of dimensions or capacity, are presented on the website https://www.blockloads.com/. It is the customer's responsibility to be aware of this information before placing an order. The selection and purchase of a Product are the sole responsibility of the Client.

These General Terms and Conditions of Sale are accessible at any time on the website https://www.blockloads.com/ and prevail over any other document. By checking the box provided for this purpose before proceeding to the online order on https://www.blockloads.com/, the Client declares to have read these General Terms and Conditions of Sale 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 event an order is placed from a country other than metropolitan France, the Client will be considered as the importer of the Products in question. The Client must pay customs duties, local taxes, import duties, and state taxes that may apply. These charges are the sole responsibility of the Client.

ARTICLE 2 - Prices

The Products are supplied at the rates in force, as displayed on the site 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 site https://www.blockloads.com/. These rates remain fixed and are not subject to revision during their validity period. However, the Seller reserves the right to change prices at any time outside this period.

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

ARTICLE 3 – Placement of Orders

It is up to the Client to select the desired Products on the site https://www.blockloads.com/ according to the following procedure:

  1. The Client chooses a Product and adds it to their cart. Before finalizing the order, they can delete or modify the items in the cart.
  2. After accepting these general terms and conditions of sale, the Client enters their details to create a customer space or connects 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 terms.
  5. The purchased product will be accessible from the customer space.

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

Any order placed on the site https://www.blockloads.com/ is equivalent to the conclusion of a distance sales contract between the Client and the Seller. The latter reserves the right to cancel or refuse any order from a Client who has a dispute related to the payment of a previous order.

ARTICLE 3 Bis - Client Space - Account

To place an order, the Client must create a personal account, also called a client space.

To do this, the Client must fill in the registration form presented to them during their order. They commit to providing accurate and truthful information concerning 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 their order history, will require identification using their username and password. The Client is required to keep this information strictly confidential and not 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 result in legal proceedings.

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

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

Any event resulting from 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.

The creation of an account implies unreserved acceptance of these general terms and conditions of sale.

Article 4: Payment Terms

4.1 Payment Methods

The payment of the price is made through secure payment methods, according to the following terms:

  • Payment by credit card.

The amount to be paid corresponds in full to the total price of the order and must be paid in cash by the Client at the time of placing the order. If the option is available on the site https://www.blockloads.com/, the Client may choose to pay in installments according to the specified conditions.

4.2 Late Payment and Penalties

If the Client does not respect the payment deadlines defined above and makes the payments beyond the due dates, BlockLoads is entitled to charge a late payment penalty. This penalty will be equivalent to three times the legal interest rate in force. The legal interest rate will be the one in force at the date of delivery of the products. From January 1, 2015, this rate will be revised every six months in accordance with Ordinance No. 2014-947 of August 20, 2014.

This late payment penalty will be calculated on the TTC amount of the sum remaining due and will take effect from the due date of the payment, without a prior notice being required. In addition to late fees, any amount not paid at its due date, including the deposit, will automatically result in the payment of a fixed indemnity of 40 euros for recovery costs, in accordance with articles 441-10 and D. 441-5 of the commercial code.

If the payment delay exceeds 15 days, BlockLoads reserves the right to automatically terminate the sale. Moreover, this could result in the awarding of damages and interest in favor of BlockLoads.

4.3 Transaction Security

Payment data is exchanged in encrypted form thanks to the protocol defined by the payment provider approved for the bank transactions carried out on the site https://www.blockloads.com/.

4.4 Payment Confirmation

Payments made by the Client will be considered final only after the effective collection of the amounts due by the Seller. The latter reserves the right not to proceed with the delivery of the products ordered if the total payment has not been made in accordance with the terms specified above.

4.5 No Discount for Early Payment

No price reduction will be granted for early payment.

Article 5: Delivery

In case of a reasonable delay in the delivery of the products, the buyer will not be entitled to the following benefits:

  • The award of damages and interest;
  • Cancellation of the order.

ARTICLE 6 - Transfer of Ownership

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 undertakes to take 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 Client is informed that orders placed do not benefit from the right of withdrawal.

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

The Client 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

The Seller's liability is limited to the replacement or refund of non-conforming or defective Products.

The Seller's liability is limited as follows:

  • The Seller is not responsible for indirect damages suffered by the Client or a third party, such as data loss, decrease in clientele, business disruptions, loss of profits, or damage to reputation. This also includes damages or interferences to 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 content produced and/or disseminated on the website by the Client.
  • The Seller disclaims any liability regarding technical or functional evolutions of Shopify applications and the Shopify platform itself, which may render the Products unusable. Please note that the Seller is not obliged to ensure continuous updates of the sold Products.
  • The Seller specifies that it does not support the installation of the Product mentioned. Consequently, the responsibility for proper installation rests entirely with the Client. Under no circumstances can the Seller 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, from the date of purchase. During this period, our team is at your disposal to provide all necessary assistance.

9.2 Problems Covered

We commit to resolving problems 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 nor their modifications. Alterations to the code, even minor, or improper use of it do not fall under the responsibility of our customer service.

9.4 Contact Modalities

For any question or request for assistance, please 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 - Client's Responsibilities

10.1 Verification of Compatibility and Information Received

The Client is responsible for verifying the compatibility of the Products before their use and acknowledges having received all necessary information and advice to make an informed decision at the time of purchase. The Client understands the specifications of the Products and considers them adequate for their specific needs.

10.2 Installation and Use of the Products

The Client assumes full responsibility for the correct installation and proper use of the Products. Any damage resulting from improper installation or incorrect use is the exclusive responsibility of the Client. 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

It is the Client's responsibility to take out the necessary insurance to cover any damage, loss, or prejudice resulting from the use of the Products. The Seller disclaims all liability regarding the financial or material consequences related to the use of the Products.

10.4 Restricted Use of the Products

The Client 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 entity). 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 one client only. A new acquisition of the section is required for each additional client. At the time of purchase, 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 elements provided with the sections, in any form, outside the entity for which the license was acquired.

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

10.5 Compliance with Applicable Laws

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

10.6 Protection of Intellectual Property Rights

Respecting 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, integrating the Products into themes or templates 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 encompasses 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 action.

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 Client any intellectual property rights over the associated elements.

11.2 Authorized Use

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

11.4 Legitimate Use

The Client 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 terms of use set out.

11.5 Reporting Violations

If the Client becomes aware of unauthorized use or a violation of the intellectual property rights associated with the Products, they are obliged to immediately inform the Seller so that appropriate measures can be taken to cease the violation.

11.6 Comments and Feedback

Clients accept that their feedback, suggestions, or ideas may 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 Client breaches the terms set forth herein. In the event of termination, the Client must immediately cease all use of the Products and delete all copies in their possession. All rights granted to the Client under this contract will be automatically revoked.

12.2 Continuation of Certain Provisions

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

12.3 Additional Measures

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

Article 13: Retention of Title Clause

13.1 Retention of Ownership

In commercial transactions with the Seller, the ownership of the transferred goods remains the exclusive property of the Seller until full payment of the price, including both the principal amount and accessory elements.

13.2 Protection in Case of Collective Proceedings

In the event of the buyer's rehabilitation or judicial liquidation, the Seller expressly reserves the right to claim the sold but not yet paid goods in the context of the collective proceedings. This measure aims to preserve the legitimate interests of the Seller in such a context.

Article 14: Force Majeure

The Seller is released from any liability in the event of non-performance or delay in fulfilling any of its obligations set out in these general terms and conditions of sale if it results from a case of force majeure. In this context, the notion of force majeure encompasses any external, unforeseeable, and irresistible event, in accordance with the provisions of article 1148 of the Civil Code.

ARTICLE 15 - Personal Data

15.1 Collection and Use of Data

The Customer is informed that the collection of their personal data is necessary for the sale of the Products and their delivery / shipment, entrusted to the Seller. These personal data are collected solely for the execution of the sales contract.

15.2 Types of Data Collected

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

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

15.3 Recipients and Data Controller

The personal data are 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.

15.4 Data Retention Period

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

15.5 Security and Confidentiality

The Seller implements organizational, technical, software, and physical measures to protect personal data against alterations, destructions, 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.

15.6 Rights of Clients and Users

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

  • The right of access to know their personal data.
  • The right to rectification of inaccurate or incomplete data.
  • The right to erasure of their personal data.
  • The right to data portability to another provider.
  • The 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 send a request via the following email address: support@blockloads.com. A response will be provided within a maximum period of one month.

15.7 Consent and Unsubscription

The Customer may be required to tick 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 16 - Applicable Law - Language

16.1 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 subject to the exclusive jurisdiction of the competent courts in the jurisdiction of the Seller's head office location.

16.2 Contract Language

The contract language is French. These General Terms and Conditions of Sale are written in French. In the event of a 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 regarding their meaning or effect.