Terms of Use
Preamble
NoCode.shop is an application operated by CASAR, a simplified joint-stock company with a capital of 105,000 euros, whose registered office is located at 24, rue de Clichy, in Paris (75009), registered with the Paris Trade and Companies Register under the identification number 802 933 887 and having as its intra-community VAT number FR91802933887 (the "Company").
NoCode.shop (the "Application") offers its users (the "User(s)") the possibility to design a merchant website, following the detailed instructions in the user guide provided in Annex A, incorporating online order and payment forms, as well as a payment and subscription management interface, all connected to Stripe and/or GoCardless. A range of services (the "Service(s)") is made available on the Solution to facilitate the creation and management of an effective e-commerce presence.
The description of all the Services offered by the Application is listed in Annex B.
It is expressly indicated that NoCode.shop does not act as a payment gateway. Consequently, it is the User’s responsibility to subscribe to the services of a payment gateway compatible with the Application. The payment gateways compatible with the Application are indicated in Annex B.
These General Terms and Conditions of Sale (the "Contract") apply, without restriction or reservation and to the exclusion of all other conditions, to the provision of the aforementioned Services.
In the event that the User is not a professional within the meaning of the consumer code, the provisions of Article 11 herein shall apply to them.
The User acknowledges having the required capacity to subscribe to the aforementioned Services and declares having read these General Terms and Conditions of Sale and having accepted them by ticking the box provided for this purpose before implementing the online ordering procedure.
Article 1 – Purpose of the Contract
The Contract aims to define the terms and conditions applicable to access to the Application and the Services subscribed by the User.
The Company grants to the User, who accepts, a right, under the strict conditions of Article 5, of access and use of the Application and the applicative Services for the duration of their subscription.
The User may not transfer all or part of the rights and obligations resulting from this Contract without the written and prior consent of the Company.
It is specified that for the proper execution of the present, the User undertakes to notify the Company as soon as possible of any change in their correspondence address (email and/or postal box). The Company cannot be held responsible for the consequences of the User’s failure to notify this information.
Article 2 – Access to the Application
2.1 – Access modalities
The Application is accessible as follows:
User access (the "User Access")
User Access is made from any computer or mobile device, using the identifiers provided by the Company. This access facilitates the management and administration of the Solution, allowing among other things to build and customize a merchant or e-commerce website, implement automatic billing for purchases made on the site, consult and modify customer information, or suspend or terminate customer subscriptions.
The identifiers provided are personal and confidential. The User commits to do everything possible to keep the identifiers secret and not to disclose them in any form.
The User is entirely responsible for the use of said identifiers. They will ensure that no other person unauthorized by the Company has access to the Application’s Services. In the event that they become aware that another person has accessed these services, the User will inform the Company without delay and confirm it by registered letter and by email.
In case of theft or loss of identifiers, the User will inform the Company without delay and confirm it by registered letter.
2.2 – The Clients
Clients’ access to their Portal is done through a unique URL link communicated by email in accordance with the instructions of the user guide in Annex A.
The Client has the possibility to consult on the Portal their invoices, notify the User of their intention to terminate or suspend their subscription, modify their billing details, and update their payment information.
The use of the Application by the Client will be carried out within the limit of the Offer subscribed by the User. In the event that the Contract is terminated, access to the Portals will be closed by the Company, and the Clients will then have no access to these Portals.
The User has the possibility to suspend or terminate the subscription of the Subscribers at any time.
The Company reserves the right to take legal action, on any basis and directly, against the User in case of any prejudice of any nature caused by the Clients and in particular so that the User repairs all the damaging consequences caused by these third parties.
2.3 – Technical conditions
The Company provides the User with the Services via the Application accessible on its server through the internet network 24 hours a day, 7 days a week, except for maintenance periods.
To ensure the proper functioning of the Application, it is specified that it is optimized for the latest versions of the web browsers, Chrome and Firefox.
The Application is accessible at the following web address: https://nocode.shop
The Company reserves the right to update and make functional modifications to the Application at any time, which may temporarily make access to the Services unavailable.
The User is also warned of the technical hazards and access interruptions that may occur. Consequently, the Company cannot be held responsible for unavailabilities or slowdowns of the Services.
The Company commits to implementing regular checks to provide a reasonable assurance that the User can access and use the Application under the conditions determined by these terms.
The User commits not to expose the Application to any risk of hacking and attempts to breach the Application’s and its security system’s vulnerability.
Article 3 – The Offers
Several offers are proposed to the User (the "Offer(s)") as appearing at the following address: https://nocode.shop/pricing/
It is specified that the User subscribing to a free Offer remains nevertheless subject to all the provisions of the present Contract.
The choice of the Offer by the User is their sole and entire responsibility. They nevertheless have the possibility, at any time and even during the Contract, to change Offer.
The subscription of the User to an Offer is for a duration of one month renewable by tacit renewal. In the event that the User would no longer wish to have their commitment tacitly renewed, they must follow the procedure provided for this purpose in their profile available on the Application.
It is recalled that the Application does not act as a payment gateway. Consequently, it is the User’s responsibility to subscribe, at their expense, to the services of a payment gateway compatible with the Application. The payment gateways compatible with the Application are indicated in Annex B. The price of the Offers does not include the fees charged by the payment gateway.
Article 4 – Data Ownership
The User remains the owner of all the data they communicate in the context of the use of the Application.
The User expressly authorizes the Company to host said data on the server chosen freely by the latter and to use them in particular for the needs of the operation of the Application but also to exploit them for statistical purposes.
The Company will ensure that the chosen server for said hosting uses appropriate means to ensure the integrity of the establishment and the conservation of the data, as well as the protection and confidentiality of the collection, storage, and processing of the User’s data.
However, the Company will in no case be responsible for violations of the aforementioned obligations committed by said host.
If the data transmitted by the User includes personal data, the User guarantees to the Company that they have complied with all the obligations incumbent on them, particularly under the law n° 78-17 of January 6, 1978.
Article 5 – License and Intellectual Property
The Company grants the User a personal, non-exclusive, non-transferable, non-assignable right to use the Services for the duration of the Contract.
This Contract does not confer any ownership rights over the Services. The temporary provision of the Services cannot be considered as the transfer of any intellectual property rights to the User.
The User commits to using the Application solely in accordance with their needs.
The User may not, under any circumstances, make the Services available to a third party and strictly prohibits any other use, particularly any adaptation, modification, translation, arrangement, distribution, or decompilation.
Furthermore, the User is strictly prohibited from reproducing any element of the Application or any documentation related to it, by any means, in any form, and on any medium.
Article 6 – Liability
6.1 – Use of the Application
The Company’s role is limited to providing the Services to the User.
The User is solely responsible for the consequences of using the Application by themselves and any third parties, including Clients.
The User must ensure that their use of the Application complies with legal and regulatory provisions.
The User specifically commits, but not limited to:
- not to create or distribute false, defamatory, ambiguous, or inaccurate information and content;
- not to send unsolicited or unauthorized advertising, "spam," chain letters, pyramid schemes;
- not to add or disseminate content that includes racist, xenophobic, pornographic statements, support for terrorism;
- not to publish or propagate computer programs (viruses or malware) that could cause damage;
- not to impersonate other users by using the usernames and passwords they used to register;
- not to disseminate content that infringes upon fundamental rights and freedoms;
- not to disseminate content that constitutes illegal or unfair advertising;
- not to disseminate content that violates intellectual and industrial property rights held by NoCode.shop or third parties;
- not to disseminate content that violates the secrecy of communications or legislation concerning personal data protection.
The User agrees that the Company may, at any time and without justification, delete a Website or account that does not comply with these rules.
The User commits not to take any action against the Company in the event of any claim resulting from non-compliance with these rules.
6.2 – Transaction Conditions
The Company, only providing a technical role, cannot be considered as the seller of the services or objects sold by the User through the Application.
The User must establish the general and specific terms of sale for the goods and/or services sold via the Application.
As the Application does not act as a payment gateway, the Company cannot be held responsible for failures or deficiencies of the payment gateway.
It is also expressly agreed that the Company does not guarantee the legal effectiveness of the documents generated by the Application (invoices, etc.).
6.3 – Data
The Company does not control the use of the Application by the User and the various data entered. The Company cannot be held responsible for this content.
The User admits to being solely responsible for the information they publish and the Internet site they create.
The User commits not to enter content that may harm public order or morals.
If the Company were to be implicated by a third party based on intellectual property rights related to an element provided by the User, the User agrees to fully guarantee the Company against consequences.
The User must ensure the sending of data to the Application. Once the Contract is terminated, the transmitted data will be destroyed by the Company.
6.4 – General Provisions
In any case, the Company can in no circumstance be responsible for indirect or unforeseeable losses or damages of the User or third parties.
The Company cannot be held responsible for delays or non-performance justified by force majeure, as defined by French jurisprudence.
Article 7 – Fees
The User owes a fixed monthly royalty, the amount of which is set according to the price list available at: https://nocode.shop/pricing
VAT will be due by consumers concluding the present Contract. Regarding professional Users, VAT may be due according to applicable community provisions.
The monthly amount of the royalty will be paid on the anniversary date of the conclusion of the present Contract by automatic bank withdrawal.
By credit card: Visa, MasterCard, American Express.
Payment data is exchanged in encrypted mode. Payments made by the User will only be considered final after the effective collection of the amounts due.
Article 8 – Termination
In case of breach by the User of their contractual obligations, the Contract may be suspended and then terminated by rights by the Company.
Once the Contract is terminated, the User will cease to access the Services and the data transmitted will be destroyed by the Company.
Article 9 – Communication
The User authorizes the Company to communicate on any support and by any means the existence of the User’s listing under the present Contract. The Company may use the User’s logo on its Site or on any other communication medium.
Article 10 – Data Protection
In application of the law n° 78-17 of January 6, 1978, it is reminded that the personal data requested from the User are necessary for the processing of their order.
This data may be communicated to possible partners of the Company in charge of the execution of the present.
The User has, in accordance with national and European regulations in force, a permanent right of access, modification, rectification, and opposition concerning the information concerning them.
The User can exercise their rights by writing to: [email protected] or to the postal address mentioned in the "contact" section of https://nocode.shop
A response to the User’s request will be sent within 30 days.
Article 11 – Special Consumer Provisions
In the event that the User is a consumer, the following provisions will also apply:
11.1 – Right of Cancellation
By accepting these General Terms, the User expressly requests the Company to start execution before the expiration of the withdrawal period and expressly waives their right of withdrawal, in application of article L. 121-21-8 of the consumer code.
11.2 – Applicable Guarantees
The Company guarantees, in accordance with legal provisions and without additional payment, the Users against any lack of conformity or hidden defects.
To assert their rights, the User must inform the Company, in writing, of the existence of defects.
The Company will refund or rectify the Services deemed defective as soon as possible.
The eventual refund will be made by credit on the User’s bank account or by bank check.
The Company’s guarantee is limited to the reimbursement of the Services actually paid by the User.
The Company cannot be held responsible in case of non-compliance with the legislation of the country in which the Services are provided.
11.3 – Declarations
The User acknowledges having had communication, prior to placing their order, of these General Terms and all information referred to in articles L111-1 to L111-7, in particular:
- the essential characteristics of the ordered Services;
- the price of the Services and the additional fees;
- information on the identity of the Company and its contact details;
- information on legal and contractual guarantees;
- the functionality of digital content and its interoperability;
- the possibility of resorting to conventional mediation in case of dispute;
- information on the right of withdrawal.
Ordering on the Site implies full and complete acceptance of these General Terms of Sale.
Article 12 – Governing Law and Language
This Contract is governed by French law.
In the event that this Contract is translated into foreign languages, only the French text shall prevail in case of dispute.
Article 13 – Disputes
Any dispute arising from the interpretation, execution, or consequences of this Contract will be submitted to French civil jurisdictions.
In the event that the User is a professional, exclusive jurisdiction is granted to the Paris Commercial Court.
The User is informed that they may resort to conventional mediation or any alternative dispute resolution method.
Annex A – NoCode.shop User Guide
Registration on NoCode.shop must be carried out at: https://nocode.shop
To activate their account and collect payments, it is essential to have an account with one of our partner payment gateways and to have authorized NoCode.shop to manage this account (from Settings).
The Settings section allows defining the tax rate applicable to all products sold via the NoCode.shop account. This section also allows defining your General Terms and Conditions of Sale.
To create an order form, go to the My Products section. By clicking on New Product, you can choose the type of product and set the parameters.
Your customers can now access this order form and pay by credit card. You will be notified by email when a new order is placed.
In the case of a subscription product, modifying the product conditions does not change ongoing subscriptions. Automatic debits at renewal occur 3 days after the renewal date.
Annex B – Summary of services offered by NoCode.shop
NoCode.shop allows you to put online order forms so that your customers can order and pay online.
The payment gateways compatible with NoCode.shop are:
Stripe: https://www.stripe.com
GoCardless: https://gocardless.com/
