General Terms and Conditions
[version of August 17, 2023]
Blackbird Agency is a limited liability company with a capital of 10,000 euros whose registered office is located at 5 Avenue de la Marseillaise, Strasbourg 67000, FRANCE. The company is registered in the Strasbourg Trade and Companies Register under the number 812 115 962 00019.
In these General Terms and Conditions of Sales, the limited liability company "Blackbird Agency" is referred to as "BLACKBIRD" and the customer who has acquired an extension is referred to as the "CLIENT". These General Terms and Conditions of Sales are hereinafter referred to as "the General Terms and Conditions".
Article 1 - Purpose
These general conditions govern the contractual relations between the CLIENT and BLACKBIRD related to the sale of software and services (software development and training), both parties accepting them without reservation.
By purchasing a software on our website, you declare that you have read these General Terms and Conditions and agree to comply with them when using the software.
Article 2 - Paternity and use
BLACKBIRD owns the rights to use and commercialize the software, templates and extensions for sale on the "store.bird.eu" and "advancedcontentmanager.com" websites. Failure to comply with these General Terms and Conditions will automatically result in the suspension of the license, we also keep the right to file a complaint with the competent offices.
Article 3 - Use
By purchasing software from our site, you obtain the right to use it for a single instance of Magento©, for professional or personal use. You are under no circumstances authorized to resell, distribute or rent, free of charge or for a fee, all or parts of our software without our agreement.
The purchase of a license includes unlimited access to updates for the corresponding branch as well as access to support via our contact form for 60 days (an extension of this period can be purchased when ordering the extension, increasing this support period to 3, 6 or 12 months).
After the license expires, you can continue to use the software but you will no longer have access to support.
Article 4 - Cancellation
Blackbird allows a 14-day cancellation period after the purchase. This period starts the day the order is being placed. All requests for refund must be motivated by objective arguments.
Article 5 - Miscellaneous
Blackbird keeps the right to publish the list of its customers on its site as well as the list of websites using the extension.
Article 6 - Force Majeure
Neither party shall be liable to the other if the performance of the contract is delayed or prevented due to an event of Force Majeure, a fortuitous event or an unforeseeable and irresistible external cause, such as: natural disasters, strikes, social conflicts, state of war, earthquake, fire, theft of the work tool, explosions, intervention by government authorities.
Article 7 - Disputes
In order to find a solution together to any dispute that might happen in the performance of this contract, the contractors agree to meet within seven days following the receipt of a registered letter with confirmation of receipt, notified by one of the two parties. If, after a period of fifteen days, the parties are unable to agree on a compromise or a solution, the dispute will then be submitted to the jurisdiction named below.
Any dispute relating to the conclusion, interpretation, execution or termination of the License Agreement shall be submitted to the Commercial Chamber of the Tribunal de Grande Instance of Strasbourg (France), which shall have exclusive jurisdiction, including in summary proceedings, notwithstanding the guarantee claim or the plurality of defendants.
Article 8 - Data Protection Act
The customer expressly agrees to carry out all the mandatory formalities needed with the CNIL (Commission Nationale de l'Informatique et des Libertés).
In accordance with the Data Protection Act of 6 January 1978 (art. 34), the CLIENT has a permanent right of access, modification, rectification and deletion of information about him.
Article 9 - Applicable law
By express agreement between both parties, these General Terms and Conditions are subject to French law, excluding any other legislation.
The original document is written in French. In case of translation into other languages, the French text alone shall prevail in case of dispute.