General Terms and Conditions of Sale

Last Update: April 2024

Article 1. Acceptance of the General Conditions

These general software license terms (“General Conditions”) aim to define the terms under which the company BOOST MY SHOP France, SAS, headquartered at 17-23 avenue Georges Pompidou, 69003 Lyon, registered under RCS number 813 441 466, VAT number FR59 813 441 466, email:, phone +33 9 72 52 60 60, (“The Supplier”) provides to e-commerce professionals (“Customers or Customer”), on its website, (“The Website”), the non-exclusive, non-transferable right to use the “myFulfillment” software dedicated to warehouse and purchasing management (“The Software”), the descriptions of which are available on the Website. Any order implies, on the part of the Customer, acceptance of these General Conditions. They apply without restrictions or reservations to all orders, regardless of any clauses that may appear on the Customer’s documents.

Article 2. Orders

Confirmation of the order implies acceptance of the General Conditions and the General Terms of Use of the Website, as well as an obligation to pay.

An email acknowledging receipt of the order and its payment is sent by the Supplier as soon as possible. The contract will only be considered final after the Supplier has sent the Customer confirmation of acceptance of the order by email and after full payment of the first installment.

The data recorded in the Supplier’s computer system constitutes proof of all transactions concluded with the Customer.

The Customer selects the Software at their own risk and must ensure that their order is suitable for their needs.

The Supplier reserves the right to cancel or refuse any order from a Customer with whom there is a dispute regarding the payment of a previous order. The Supplier is not intended to grant software licenses to consumers.

Article 3. Rates and Payment Terms

The right to use the Software is provided at the rates in effect on the day the order is placed, and, if applicable, in the specific commercial proposal sent to the Customer.

In the event of a price update by the Supplier, the change will only take effect ninety (90) days after the Customer has been informed of it in writing. The Customer may terminate the Contract if price changes are made, without the Supplier being obliged to provide any form of compensation.

The first installment is payable in a single payment on the day the order is placed by the Customer. Subsequent installments are payable monthly or annually, according to the terms specified on the order form or the online subscription page. Subscription payment cannot be suspended without the express agreement of Boostmyshop. In case of early termination, no refund of the amounts paid will be made.

Accepted payment methods include credit cards: Visa, MasterCard, other debit cards, bank transfers, or direct debits. Payment data is exchanged in encrypted mode using the protocol made available on payment platforms. Payments made by the Customer will only be considered final upon effective receipt of the amounts due by the Supplier. In the event of non-compliance with the payment conditions above, the Supplier also reserves the right to suspend or cancel the delivery of orders in progress by the Customer.

The rates offered by the Supplier include limitations in terms of functionalities, order volume, product volumes, and number of users. Exceeding these limits by the Customer will result in a reassessment of the rate.

Article 4. Late Payment Penalties

In case of late payment of amounts due by the Customer after the payment date indicated on the invoice addressed to them, late payment penalties calculated at the semi-annual rate of the European Central Bank (ECB), in effect as of January 1 of the year, increased by 10 points: namely 10.00% (0.00 + 10) will be applied. These late payment penalties will be automatically and by operation of law acquired by the Supplier, without any formality or prior notice. This rate is calculated on a pro rata temporis basis for each calendar month, and each month started is counted as a whole month.

The delay or default in payment will immediately render all sums due, regardless of the payment terms provided, immediately payable. The Supplier reserves the right to suspend or cancel the delivery of orders in progress by the Customer. Finally, a flat-rate indemnity for collection costs, in the amount of 40 euros, will be due automatically and without prior notification by the Customer in case of late payment. The Supplier reserves the right to demand from the Customer additional compensation if the collection costs actually incurred exceed this amount, upon presentation of supporting documents.

Article 5. Delivery of the Software

The Software only operates with the subscription of a User license. The opening of the rights to the User license occurs within an indicative period of 30 business days from the receipt of the order acknowledgment issued by the Supplier. This period is not strict, and the Supplier cannot be held responsible to the Customer for delivery delays not exceeding fifteen (15) days. In case of delay exceeding fifteen (15) days, the Customer may request the resolution of the sale. In this case, any installments already paid will be refunded by the Supplier. The Supplier’s liability cannot be incurred in any case in the event of delay or suspension of delivery attributable to the Customer or in case of force majeure. The Supplier will promptly and at its own expense replace the delivered Software for which non-compliance has been duly reported and proven by the Customer. The Supplier undertakes to correct programming errors during the sale, provided that third-party contributors maintain their level of service.

Article 6. Software Installation

The Supplier undertakes to set up and configure the server allowing access to the Software by the Customer, within 48 hours (business days) after validation of the order form and receipt of payment of the first installment. The Customer is responsible for providing the equipment necessary for connection to the server. Unless ordering Configuration Services when purchasing the Software, the Software configuration is the responsibility of the Customer.

The Customer is required to verify the proper installation of the Software. In the absence of express reservations made in writing within 48 business hours from the installation by the Customer, the Software delivered by the Supplier will be deemed to be compliant in quantity and quality with the order. No claim will be validly accepted in case of non-compliance with these formalities by the Customer.

Article 7. Availability of the Software

The Supplier undertakes to make its best efforts to ensure the permanence, continuity, and quality of access to the Software it provides, and will accordingly strive to offer access 24 hours a day, 7 days a week. However, the supplier may need to temporarily interrupt access to the Software for maintenance or service improvement reasons. These periods of interruption will be notified to the Customer at least 24 hours in advance. In this event, the Supplier shall not be liable for any compensation or damages vis-à-vis the Customer.

Article 8. Conditions of Use of the Software

This License is granted for the personal and exclusive needs of the Customer, who expressly agrees not to allow any third party to their company, including companies within their group, to access the Software. Similarly, the Customer agrees not to perform any computer processing or services for third parties using the Software, including custom work. This license is non-transferable without the prior express consent of the Supplier except to a successor of the Customer in its business. Any authorized assignee must comply with the terms of this license, for which the Customer personally guarantees.

The Customer is solely responsible, at their exclusive expense, for connecting the various elements of the configuration and the necessary telecommunications means for the proper execution of the Software. It is also the Customer’s responsibility to subscribe to the necessary telecommunication subscriptions. By placing an order, the Customer declares to be perfectly aware of the prerequisites necessary for the use of the Software. The use of the Software requires the communication of the Customer’s data to the Supplier, its partners, or subcontractors, which the Customer authorizes. The Supplier shall in no event be liable for any defect related to the use of the information it has transmitted to the Customer, nor for any possible lack of information that the Software may not have transmitted.

Unless otherwise stated or in the context of SaaS use, the Customer must ensure, under their sole and exclusive responsibility, the backup of all data resulting from the use of the Software. Similarly, the Supplier shall not be liable for the accidental destruction of the Customer’s data or data resulting from the use of the Software, which it is the Customer’s responsibility to backup.

Article 9. Backup

  • Data is backed up in “Software as a Service (SAAS)” mode.
  • The Supplier undertakes to perform regular backups of the data, which are retained for 7 days.
  • The Supplier also commits to preserving the integrity and confidentiality of the data, whether during transmission or hosting, and implementing appropriate technical means to ensure data security.

Article 10. Maintenance

The Maintenance mission consists of corrective and evolutionary maintenance.

  • Corrective maintenance:
    • Level 1 – corrective maintenance includes the detection and resolution of minor anomalies, which can be corrected directly by the Customer, using the information and tools provided by the Supplier.
    • Level 2 – corrective maintenance includes the detection and resolution of blocking anomalies, which can only be resolved by the Supplier. Anomaly reports must be confirmed by email to the Supplier without delay. The Supplier acknowledges the report within 48 business hours, diagnoses the anomaly, and then proceeds to its correction.
  • The Supplier is not responsible for maintenance in the following cases:
    • Customer refusal to collaborate with the Supplier in resolving anomalies, including responding to questions and requests for information.
    • Use of the Software in a manner inconsistent with its intended purpose or documentation.
    • Unauthorized modification of the Software by the Customer or a third party.
    • Customer’s failure to meet its obligations under the contract or the general terms of use.
    • Failure of electronic communication networks.
    • Intentional degradation, malicious acts, sabotage.
    • Deterioration due to force majeure or misuse of the Software.
  • Evolutionary maintenance: involves adding, modifying, or removing functionality from the Software.

Article 11. Assistance

  • The Customer benefits from technical assistance included in the subscription throughout the duration of the usage license via the email support system.
  • Unless specifically subscribed, assistance is available only via messaging.
  • This assistance only concerns the use of the software and does not cover the use of third-party software connected to the “Software”.
  • The assistance is not intended to train users; they must use the resources made available to them (knowledge base, videos) or subscribe to paid training modules.
  • The Supplier undertakes to provide responses promptly.

Article 12. Updates

The Customer benefits from updates and functional evolutions of the Software during the subscription period to the usage license.

  • The choice and prioritization of updates remain at the discretion of the Supplier.

Article 13. Intellectual Property

This license grants the Customer no intellectual property rights over the Software, which remains the entire and exclusive property of the Supplier.

  • The provision of the Software does not confer any ownership rights over it. The Customer expressly agrees not to reproduce the Software, either permanently or temporarily, in whole or in part, by any means and in any form, including during loading, display, execution, transmission, or storage of the Software.
  • The Customer agrees not to sell or rent the Software or the usage license.

Article 14. Guarantees

The Supplier guarantees the upward compatibility of evolutions and new versions of the Software, as well as its functional and technical non-regression.

  • The Supplier does not guarantee the compatibility and interoperability of the Software with the Client’s other software or hardware. The Supplier does not guarantee any material or immaterial damages caused to the Client’s hardware as a result of the installation or operation of the Software.
  • The Client uses the Software and the results obtained through the use of the Software under its exclusive responsibility, with no recourse against the Supplier. The results obtained through the use of the Software are not the property of the Supplier.
  • It is expressly agreed between the PARTIES that the Supplier is subject to a general obligation of means and is not bound by any obligation of results or enhanced means of any kind.

Article 15. Terms, Suspension, and Termination

Unless otherwise specified, the usage license is concluded for a period of one month, renewable tacitly.

  • The Client may terminate the contract by registered letter with acknowledgment of receipt or any extrajudicial act at least FIFTEEN (15) days before the expiration of the current period.
  • The Supplier may terminate the contract by registered letter with acknowledgment of receipt or any extrajudicial act. Upon receipt by the Client, the latter may choose to keep their usage license for EIGHTY (80) days, under the same tariff conditions.
  • The Supplier may suspend the contract automatically, without compensation to the Client and without prior notice in the following cases:
    • Expiration of the bank details provided by the Client
    • Payment delay equal to or greater than 29 days
    • Violation of the terms of use by the client
    • Significant exceeding of the contract limits
  • Such cases shall not entitle the Client to any compensation.

Article 16. Right to Analysis

  • In accordance with the provisions of Article L.122-6-1, III of the Intellectual Property Code, the Customer has the right to observe, study, or test the operation of the Software in order to determine the ideas and principles underlying the elements of the program when performing loading, displaying, executing, transmitting, or storing operations of the Software.

Article 17. Right of Decompilation

The Customer must formally refrain from any act of decompilation, except for acts authorized under the limited conditions provided for in Article L 122-6-1, IV of the Intellectual Property Code in order to make the Software interoperable with other software. Decompilation of the Software for any other purpose is strictly prohibited.

  • Before performing any decompilation act, the Customer must inform the Supplier of their intention. The Supplier will then have a period of 20 days to provide the interfaces or information necessary for interoperability, or to indicate the means of obtaining this information. Thus, the Customer must formally refrain from any act of decompilation during this period.

Article 18. Force majeure

The Parties shall not be liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a force majeure event, within the meaning of Article 1218 of the Civil Code.

  • The party experiencing the event must immediately inform the other party of its impossibility to perform its obligation and justify it to the other party. The suspension of obligations shall in no case be a cause of liability for non-performance of the obligation in question, nor lead to the payment of damages or late penalties.
  • The performance of the obligation is suspended for the entire duration of the force majeure if it is temporary and does not exceed a duration of THREE (3) days. Consequently, upon the disappearance of the cause of the suspension of their reciprocal obligations, the parties shall make every effort to resume the normal execution of their contractual obligations as soon as possible.
  • To this end, the hindered party shall notify the other party of the resumption of its obligation by registered letter with acknowledgment of receipt or any extrajudicial act. If the hindrance is definitive or exceeds a duration of THREE (3) days, this Agreement shall be terminated automatically after sending a registered letter with acknowledgment of receipt mentioning the intention to apply this clause.

Article 19. Sanctions for Breach of Party Obligations

In the event of non-compliance by either party with the following obligations: nonpayment upon maturity of the Software or Services ordered by the Customer or failure of delivery by the Supplier, the contract may be terminated at the option of the aggrieved party. It is expressly understood that this termination for breach of party obligations shall take place automatically, at the discretion of the injured party, THIRTY (30) days after sending a notice to comply, which remained, in whole or in part, without effect.

The notice to comply may be notified by registered letter with acknowledgment of receipt or any extrajudicial act. This notice to comply must mention the intention to apply this clause. By express derogation from the provisions of Article 1222 of the Civil Code, in the event of breach by either party of its obligations, the party affected by the breach may not enforce the obligation itself through a third party, at the expense of the defaulting party.

The party affected by the breach may, in the event of non-performance of any of the obligations incumbent upon the other party, request the termination of the contract according to the terms defined herein. By express derogation from the provisions of Article 1223 of the Civil Code, in the event of breach by the debtor of the obligation of either of its obligations, the creditor may not accept imperfect performance of the contract to request a proportional price reduction.

Article 20. Insurance – Liabilities

The Supplier declares to have civil liability insurance in France, with the company GENERALI ASSURANCE. The Supplier shall not be held liable for bodily or material damages of any kind that may be the direct or indirect consequence of abnormal use of the Software, or if the Software has been used under conditions different from those for which they were manufactured.

Article 21. Language and Applicable Law

By express agreement between the parties, these General Terms and Conditions and the resulting purchase and sale transactions are governed by French law. They are drafted in the French language. In the event of translation into one or more languages, only the French text shall prevail in case of dispute.

Article 22. Election of Domicile and Jurisdiction

The election of domicile is made by the parties at their respective head offices in the event of any dispute relating to the interpretation, execution, termination, consequences, and follow-up of these terms, the Commercial Court of Lyon shall have sole jurisdiction. The drawing or acceptance of payment by the Supplier does not operate as novation or derogation to this jurisdiction clause.

Article 23. RGPD

The personal information collected by the Supplier via the contact form on its Website, via the Order Form, via the creation of a Customer Account, or during the operation of the Software is recorded in its customer file and mainly used for the proper management of customer relations and the management and processing of orders, commercial prospecting, or the execution of the Software. The data collection forms indicate by an asterisk the information(s) whose collection is essential for the proper execution of the order. The personal information collected for the execution of the Software is imperative for its operation. Personal data will be kept for as long as necessary and no later than 5 years after the termination of the contractual relations or, if there is ongoing legal proceedings at that date, the end of the dispute. Access to personal data is strictly limited to employees and agents of the Supplier, authorized to process them due to their duties.

The information collected may eventually be communicated to third parties linked to the Supplier by contract for the execution of subcontracted tasks necessary for the management of the order, without the Client’s authorization being required. It is specified that, as part of the performance of their services, third parties have only limited access to the data and have a contractual obligation to use them in compliance with the provisions of the applicable legislation on the protection of personal data. Except as stated above, the company undertakes not to sell, rent, assign, or give access to third parties to the data without the prior consent of the Client, unless compelled to do so for legitimate reasons (legal obligation, fraud prevention, defense rights exercise, etc.). Personal data may be transferred outside the European Union.

The following guarantees have been taken to ensure a sufficient level of protection of the information:

  • The country of the recipient(s) offers an adequate level of protection by decision of the European Commission.
  • The recipient(s) adhere(s) to the principles of the “Privacy Shield”.
  • The transfer is framed, in accordance with the requirements of European Regulation No. 2016/679/EU of April 27, 2016, by standard contractual clauses adopted by the European Commission.

In accordance with the applicable legal and regulatory provisions, in particular Law No. 78-17 of January 6, 1978, as amended, relating to data processing, files, and freedoms, and European Regulation No. 2016/679/EU of April 27, 2016, the Client has the right to access, rectify, port, and erase his/her data or limit processing. He/she may also, for legitimate reasons, object to the processing of data concerning him/her, by writing to the company BOOST MY SHOP France, SAS, whose registered office is 17-23 avenue Georges Pompidou 69003 Lyon, or via the contact form made available in the application or on the Supplier’s website.

In the event that the Client does not wish to receive promotional messages and invitations via email, SMS messages, telephone calls, and postal mailings, he/she has the possibility to indicate or modify his/her choice when finalizing his/her order or by contacting the company under the conditions mentioned above. For any additional information or complaint, the client can contact the National Commission for Informatics and Liberties (more information on and consult the Privacy Page of the Supplier available on its Website.