General Terms and Conditions of Use (GTU)

Last updated: May 2026

These General Terms and Conditions of Use (hereinafter referred to as the "GTU") include the General Terms and Conditions of Sale (hereinafter referred to as the "GTS") as well as the Personal Data Protection Policy, detailed below.

Definitions applicable to the entire document

Customer: any natural or legal person having full legal capacity when purchasing a Product or using the Services offered by the company OpenPresta.

Contract: these GTU as well as all contractual documents supplementing and/or amending them (specific terms of sale, purchase order, etc.).

Services: refers individually or collectively to services such as, but not exclusively, the installation of virtual products, support, audit, and consulting.

Virtual Product(s): any type of non-material product that may be offered to the Customer by the company OpenPresta, including but not limited to, modules, graphic themes, videos, logos, document templates, e-books, etc.

Customer Service: all technical and commercial support services, or for any complaint, made available by the company Open Presta.

Company: Open Presta SUARL, a limited liability company with a capital of 5000 euros, expert in web development, whose head office is located at Avenue Majida Boulila IMM Zaphyr APP 44 Sfax Tunisia.

The user of the following websites: myprestastore.com and openpresta.com declares that they have read and accepted these GTU. The purchase of Virtual Products or requests for interventions (the Services) as well as the use of the Customer Services offered by the company Open Presta implies the user's express and unreserved acceptance and agreement to these GTU as well as, where applicable, to existing contractual documents supplementing or amending said GTU.

General Terms and Conditions of Sale

These General Terms and Conditions of Sale (hereinafter referred to as the "GTS") detail all the provisions applicable to the products and services offered and sold on the "Openpresta and Myprestastore Sites".

ARTICLE 1 – Purpose

The purpose of the GTS is to define the conditions and terms of provision of Virtual Products and Services offered by the Company to the Customer, in particular to allow them to arrange for the possibility of payment via the Internet or another payment channel.

ARTICLE 2 – Online Sale

openpresta.com and myprestastore.com are online stores, offering Services and Virtual Products developed by the Company.

Article 2.1 – Order Processing

The Customer declares that they have read and accepted these GTU before placing their order. Validating the order therefore constitutes acceptance of these GTS. Unless proven otherwise, the data recorded by the Company constitutes proof of all transactions carried out with the Customer.

The Customer must verify the completeness and conformity of the information provided to the Company when ordering, in particular the billing address. The Company cannot be held responsible for any data entry errors and their consequences.

Article 2.2 – Payment

The Customer can pay for their purchases by credit card or PayPal account. The Company reserves the right to block a transaction while carrying out anti-fraud checks.

ARTICLE 3 – Intellectual Property

The Company grants each Customer who has purchased a Virtual Product a non-exclusive, worldwide license to use it. This license is only valid once for a single e-commerce store. The Customer is also prohibited from reselling or using the Virtual Products purchased on the openpresta and myprestastore sites on other stores. This restriction includes all resources provided with the Virtual Product. Nevertheless, the Company reserves the right to purchase Virtual Products on behalf of its customers.

ARTICLE 4 – Warranty Limitation

Article 4.1 – Websites

Unless otherwise required by applicable law, the Openpresta and Myprestastore Sites, as well as the functionalities offered by them, are provided "as is" without any warranty.

The Company assumes no responsibility for the downloading of computer viruses or similar code from the Openpresta and Myprestastore Sites.

Third parties who may express themselves on the Openpresta and Myprestastore Sites are not spokespersons for the Company, and their opinions do not necessarily reflect the opinions of the Company.

The Company disclaims all liability in the event of loss or theft of password, identifier, account, or information by the user within the framework of the Openpresta and Myprestastore Sites. It also disclaims all liability in the event of loss of content or data, or damage related to the use of identifiers by a third party.

Article 4.2 – Online Sale

The Company assumes no responsibility for the downloading of computer viruses or similar code from Virtual Products ordered on the Openpresta and Myprestastore Sites.

The Company disclaims all liability in the event of loss or theft of user data, or any type of damage, when using Virtual Products ordered on the Openpresta and Myprestastore Sites.

The Company disclaims all liability in the event of malfunction related to a service provision (one of the Services) ordered on one of the Openpresta and Myprestastore Sites, including, but not exclusively, installation of stores and Virtual Products, bug research and fixes, and custom developments.

Installation is not included with the purchase of Virtual Products. Compatibility with future versions of PrestaShop is not guaranteed.

The Openpresta and Myprestastore Sites may be viewed from all countries without the content being available for those countries. The Company has no obligation to display this information and does not guarantee that the Virtual Products are suitable for countries other than those for which they were designed.

Article 4.3 – Updates

The purchase of a Virtual Product made on the Openpresta and Myprestastore Sites entitles you to immediate and unlimited download for a period of 90 full days from the date of the order.

For each Virtual Product purchased, it is possible to subscribe to the paid option "Updates for one year" or "Updates for two years" which extends the validity period of the download link for ordered products to 365 days (1 year) or 730 days (2 years), from the date of receipt of payment, thus allowing you to benefit from future updates of the purchased products covered by this option for the specified duration. This is valid even for major updates.

Article 4.4 – Support

The purchase of a Virtual Product made on the Openpresta and Myprestastore Sites entitles the user to support for its use via email only for a period of 90 full days from the date of order. Unless otherwise stated, installation is not included with the support service included in the purchase of Virtual Products.

Article 4.5 – Support and Responsibility in case of Shop Override

In the specific case where the Customer's PrestaShop store contains "overrides" (files placed in the /override directory), the following procedure will be applied in the event of malfunction of one of our Virtual Products:

1. The Customer's store will be placed very briefly in maintenance mode.
2. All active overrides will be deactivated.
3. The module will then be tested without overrides.

If it turns out that the module works without overrides, or if deactivating the overrides prevents the store from functioning, the Companies will be discharged from all liability, and it will be the responsibility of the Customer's technical contact to ensure the proper functioning of our Virtual Product. Furthermore, no refund will be granted.

If, on the other hand, deactivating the overrides changes nothing and the module still does not work, the Companies undertake to provide the technical support service and deploy all possible efforts, and a full refund will then be made if the problem cannot be resolved.

ARTICLE 5 – Delivery Time

Virtual Products can be downloaded from the Openpresta and Myprestastore Sites upon receipt and validation of payment. Unless otherwise stated by the Companies, the provision of Services is subject to a period of five (5) working days from receipt of all necessary elements. This period may be extended if the intervention of an external party is necessary.

ARTICLE 6 – Withdrawal

Purchases of Virtual Products or Services being, by nature, firm and final, they cannot be exchanged, refunded, or subject to the exercise of a right of withdrawal. However, the Companies undertake to refund or exchange damaged Virtual Products, those containing hidden defects, or those not corresponding to the description offered on the Sites.

Computer software that has been unsealed by the Customer is also excluded from the right of withdrawal.

ARTICLE 7 – Refund

Refunds for products covered by Article 6 are made within a maximum of 30 days following the date on which the right was exercised. The refund is made using the same payment method as that used for the purchase.

ARTICLE 8 – Duty to Advise

The purchase of Virtual Products can be done completely automatically without action on the part of either of the Companies. The Companies thus fulfill their duty to advise through commercial support by email and by the presence on the Sites of a detailed description of the Virtual Product.

ARTICLE 9 – Piracy

Any user of the Openpresta and Myprestastore Sites has a duty to report any license violation or non-compliant use of the Virtual Products offered by the Companies. In the event of intellectual property violation, a notification must be made by email to the Companies via the contact form.

ARTICLE 10 – Personal Data

Regarding personal data, please refer to the "Personal Data Protection Policy" available in this document.

ARTICLE 11 – Force Majeure

The Companies undertake, given current technology, to maintain the services offered on the Sites in the best possible conditions. However, they cannot be held responsible in the event of interruption attributable to a case of force majeure, the act of a third party, a Customer, or technical hazards.

The Parties agree that the following, among others, constitute force majeure: natural disasters, fires, floods, lightning strikes, power surges, strikes, power outages, telecommunication network failures, wars, riots, terrorist attacks, regulatory restrictions, loss of connectivity due to public and private operators.

These force majeure events suspend the obligations of the Companies cited in the GTU for the entire duration of their existence. However, if a force majeure event lasts longer than three (3) months, either party shall be entitled to terminate their relationship by sending a letter by registered mail with acknowledgment of receipt.