General terms and conditions of sale

These are the rules for what you buy on bkmodules.com: what you get, how much you pay, when you can change your mind and what we do if something doesn't work. We have written them so you can understand them without being a lawyer. Please read them before you buy: when you place an order, you tick a box saying you accept them. You can save or print them from this page whenever you like.

Who we are

We sell and contract under the trade name BK Modules. The business is owned by BK Modules LLC, a limited liability company formed in the State of New Mexico (United States), with its registered address at 102 Gold Ave SW, Albuquerque, NM 87102, United States, and US Employer Identification Number (EIN) 35-2838640.

You can email us at bkmodules@bkmodules.com, call us on +1 (813) 214-0078 or use the contact form. All our details are in the legal notice.

Some words we use

• You: the person or business that buys or contracts. If you buy on behalf of a business, you confirm that you are authorised to do so.
• Consumer: you, if you buy for purposes outside your trade, business, craft or profession. The law gives you rights that these terms cannot take away, and we point them out wherever they make a difference.
• Business: you, if you buy for your business or professional activity, including as a self-employed person or as an agency working for its clients.
• Module: each PrestaShop module, the Odoo ↔ PrestaShop connector and any other software we sell for download.
• Licence: your right to use a Module, for the shops stated in your purchase.
• Subscription: anything charged by periods that renews automatically at the end of each one, such as the Continuity Plan or PrestaShop Maintenance. Each period lasts one year, unless the purchase says otherwise.
• Your account: the customer area of bkmodules.com, where you have your orders, invoices, licences, downloads and subscriptions.

What you can buy

• Module Licences, for life, with updates and support for the time stated in the option you choose (section “Updates and support”).
• Free editions of some Modules: they go through the same basket at a price of 0 and give you a free Licence. The PRO version is obtained by buying it.
• Continuity Plan: the annual Subscription that keeps a Licence with updates and support.
• PrestaShop Maintenance: the annual Subscription for looking after a shop, with a set number of working hours per year.
• Technical support hour: work paid in advance to fix a specific fault.
• Custom projects and services (development, migrations, websites, hosting, integrations): contracted through a proposal that we send you and you accept.

Each product page says what the product does, which versions of PrestaShop, PHP or Odoo it is compatible with and what it needs to work. Check it before you buy: it is the description of what we deliver to you. If a product is discontinued, what you have already bought does not change.

How to place an order

1. You choose the product and the option, and add it to the basket.
2. You sign in to your account or create one. We need your billing details; if you buy as a business, we also need the company name and, if you have one, your VAT number.
3. You choose how to pay and review the summary: products, options, total price and currency. Up to this point you can correct any detail or go back without any commitment.
4. You tick the box accepting these terms and the purchase terms, and confirm with the payment button.
5. We email you the order confirmation. The invoice is kept in your account.

The contract is concluded in the language in which you place the order, which may be Spanish, English, French, Italian, German, Polish or Czech. We keep the order and its invoice, and you can view them in your account at any time. You must be of legal age to buy.

Prices and taxes

• Prices are shown in the currency you choose (US dollar, euro, pound sterling, złoty or Czech koruna). The price in each currency is set in that currency; it is not a daily conversion.
• The price you see is the final price you pay. No taxes, surcharges or delivery costs are added: everything we sell is delivered online.
• If you are a business and your country requires you to declare a tax on this purchase (for example, under the reverse charge mechanism), that declaration is your responsibility.
• A price change does not affect orders that have already been confirmed. Changes to the renewal price of a Subscription follow the section “Subscriptions”.
• If a published price contains an obvious error, we will tell you before going ahead and you will be able to cancel the order and get back what you paid.

Payment

• You pay when you place the order, by card or with the other methods shown at the payment step, through Stripe or PayPal. We never see or store your card details.
• Subscriptions are charged at each renewal using the payment method you saved in Stripe when you signed up. You can change it from “My subscriptions”.
• We deliver the product or start the service once the payment is confirmed.

Delivery

Everything is delivered online. As soon as the payment is confirmed, the Licence appears in “My Licenses & Downloads” with its downloads, and we let you know by email. Services start on the date we agree with you. If something does not appear in your account within a few hours, write to us and we will sort it out.

Licence to use the Modules

What the Licence gives you

• Use of the Module for life in the shops stated in your purchase (one, unless the purchase says otherwise) and, for each of them, in a test environment that does not process real orders, such as staging or development.
• Downloading from your account the versions you are entitled to, and linking the addresses of your shops there.
• The updates and support described in the next section.

The code and its licence

The code of each Module carries in its files the licence under which it is distributed. If it is an open licence (for example, MIT or AFL 3.0), that licence gives you the rights over the code that it states. If it is a commercial licence, you may only use the Module in the shops covered by your purchase and you may not copy, resell or distribute it. In every case, what you buy from us —the downloads, the updates, the support and the linked shops— is tied to your account and cannot be transferred to anyone else without our agreement.

BK Modules names, logos, texts and images remain ours. Any third-party components included in a Module keep their own licences.

Proper use

You may not use the Modules or the website for anything unlawful, bypass the licence check, or try to access our systems or those of other customers without permission. If you do, we may suspend your account or your Licences after notifying you, unless the seriousness of the matter requires us to act immediately.

Updates, support and the Continuity Plan

Each Module is sold with two options:

• Licence: for life, with 3 months of updates and support from the purchase. No Subscription.
• Licence + Continuity Plan: for life, with the first year of updates and support included and, after that, the Continuity Plan, which renews every year.

Modules with a free edition also offer the Free option, without paid updates or support; the PRO options follow the same rules as the two above.

What the Continuity Plan includes

• The new versions and fixes of the Module released while the plan is active, including adaptations to new versions of PrestaShop and PHP when they are released. For the Odoo ↔ PrestaShop connector, those for the Odoo series of your Licence.
• Downloading those versions from “My Licenses & Downloads”.
• Email support for faults in the Module on the compatible versions stated on its product page.

What it does not include

• Installing, configuring or updating the Module in your shop: you download and install the updates yourself. If you want us to do it, it is contracted as a Technical support hour or as part of PrestaShop Maintenance.
• A committed date for a version compatible with a specific version of PrestaShop, PHP or Odoo: adaptations are released when they are ready.
• Custom development, new features on request or changes to how the Module works.
• Faults caused by third-party modules or themes, by changes to the Module's code or by the server.
• Any Module or service other than the Licence it is tied to.

When the plan ends

The Licence remains yours for life. You can keep using, downloading and installing the versions released up to the plan's end date; later versions and support are no longer included.

Taking out the plan later or coming back to it

• If you take it out before the updates you already have run out, you pay the renewal price and the first charge falls on the day they run out.
• If you take it out afterwards, you pay a return fee plus the renewal price for each full year without the plan, up to a maximum of two years. You see the exact amount in “My Licenses & Downloads” before paying.

If you are a consumer, with or without a plan, for two years from the purchase we provide the fixes needed for the Module to keep working as its product page describes on the versions of PrestaShop, PHP or Odoo that the page stated when you bought it (section “Guarantee”).

Subscriptions and renewals

This section applies to every Subscription: the Continuity Plan, PrestaShop Maintenance and any other service charged by periods.

Automatic renewal

The Subscription renews automatically at the end of each period and is charged to your saved payment method, at the renewal price shown to you when you signed up. Each charge generates an order with its invoice. The date and amount of the next renewal are always shown in “My subscriptions”.

Cancelling before renewal

You can cancel whenever you like from “My subscriptions”, without giving any reason. The cancellation takes effect at the end of the paid period: until then you keep everything you signed up for, and it will not renew. Until that date arrives, you can undo it with “Keep”.

Periods already charged

A charged period is not refunded, in whole or in part: not even if you cancel after the charge, if you did not use the service or if you did not use up its hours. There is no pro rata refund for cancelling mid-period. This does not limit the right of withdrawal the law gives you as a consumer when you first sign up (section “Right of withdrawal”).

If a payment fails

We retry it and let you know so you can update your card in “My subscriptions”. The new period does not start until it is paid; if it is never paid, the Subscription ends at the end of the last paid period.

Price changes

We may change the renewal price. We will tell you by email at least 30 days before the renewal at which it applies, and you can cancel before that date if you do not accept it.

PrestaShop Maintenance

This is an annual Subscription for one shop (one domain and its test environment), with the number of working hours per year stated in the option you choose. To provide it, we need access to your shop's back office and server.

What it includes

• The contracted hours to fix faults in the shop and for small adjustments and changes to what already exists: configuration of PrestaShop and its modules, texts, styles or positions in the theme.
• Updating the installed modules that have not been modified, when their developer releases a version compatible with the shop's PrestaShop and PHP versions and the shop is entitled to it. We test updates before applying them.
• An alert if the shop stops responding. Daily backups come with hosting, not with maintenance.
• First response in under 12 hours, 7 days a week.

What it does not include

• Updating PrestaShop, whether to another version or to a patch of the same version.
• Updating the theme, whether the main theme or the child theme.
• Updating modified modules, or buying licences or renewals for third-party modules.
• Changes to PHP, the server, hosting, email, the domain or the certificates.
• The day-to-day running of the shop: products, prices, stock, orders, returns, customers, promotions, shipping, content and customer service.
• Marketing, SEO, campaigns, analytics, copywriting, photography and design.
• Custom development: new features, modules or integrations, and redesigns.
• Migrations, changes of hosting and training.

Requests outside what is included

Anything not included is not done with the plan's hours: we assess it and quote for it separately. We may use plan hours to study the request and prepare the proposal. If you accept it, those hours go back to the plan; if not, they count as used.

How hours are counted

• The actual working time is deducted, in 15-minute increments.
• Hours belong to each annual period: any you do not use expire at the end of the period, do not carry over to the next one and are not refunded.
• They belong to the contracted shop and cannot be moved to another shop or another customer.
• If they run out, additional work is invoiced as a Technical support hour, or you can move to an option with more hours.

Cancellation and periods already charged are governed by the section “Subscriptions and renewals”.

Technical support hour

This is work paid in advance for a specific fault in your shop, with no Subscription. If the fault is fixed within the hours bought, it is resolved; if more time is needed, we send you an estimate of what remains before continuing and you decide. It does not include anything that PrestaShop Maintenance excludes. We start work when you ask us to after paying.

Custom projects and services

Projects, migrations, websites, integrations and hosting are contracted through a written proposal: what we will do, the price, how it is paid and the timescales. When you accept it, the proposal and these terms form the contract; if they say different things, the proposal prevails. If during the work you ask for something that was not in it, we will tell you the cost beforehand.

Agency programme

Agencies that work with other people's shops can apply to join the programme from the “Referrals” page of their account. We approve entry. An approved agency buys at partner price and earns a commission on purchases by the customers it brings, at the percentage shown on its page. Commissions are earned on paid orders that are not refunded, are calculated in euros and are requested from that page once the minimum stated there is reached, by bank transfer or PayPal. We may change the programme's conditions or end it with 30 days' notice; commissions already earned are honoured.

Right of withdrawal

If you are a consumer, you can withdraw from the contract within 14 calendar days without giving any reason. The period runs from the day the contract is concluded.

When it is lost

• Modules and other digital content: you lose the right when the download or activation of the Licence begins with your prior express consent and your acknowledgement that, by doing so, you lose it. If you have not given us that consent and that acknowledgement, you can withdraw within the 14 days even if you have downloaded.
• Services (Technical support hour, PrestaShop Maintenance, projects): if you ask us to start before the 14 days have passed, you can still withdraw, but you pay for the part of the work done up to the moment you tell us. If the service has been fully performed with your express consent and with your knowledge that you would thereby lose the right, you can no longer withdraw.
• Renewals of a Subscription: they are cancelled as set out in the section “Subscriptions and renewals”.

How to withdraw

Send us a clear statement that you are withdrawing, by email to bkmodules@bkmodules.com or through the contact form, including your order number. You can use the model form below, but you do not have to. It is enough to tell us before the period ends. We will confirm receipt by email.

What happens next

We refund everything you paid within 14 days at the latest from the day we receive your notice, using the same payment method you used, at no cost to you. We deactivate the Licence, and you stop using the Module and delete any copies you have.

Model withdrawal form

If you buy as a business

The law does not give businesses a right of withdrawal. Even so, if the Licence has not yet been linked to any shop, we refund your payment if you ask within 14 days of the purchase. The purchase terms summarise when we give refunds.

Guarantee: if something doesn't work

We deliver each product as described on its product page. Before installing a Module in your live shop, test it in a test environment and make a backup: that is what protects you from surprises.

If you are a consumer

We are liable for any lack of conformity of the digital content that exists when it is supplied to you and becomes apparent within the following two years; for Subscriptions, for any that becomes apparent while they are active. You can ask us to bring it into conformity and, if that is not possible or we do not do it within a reasonable time, to reduce the price or refund your money. This is the legal guarantee and it costs you nothing.

If you buy as a business

If a Module does not work as its product page describes on one of the compatible versions stated there, we fix it. If we cannot, we refund what you paid for it, provided all of the following are met:

• The fault is real and can be reproduced.
• You have tested it on one of the compatible versions stated on the product page.
• It is not caused by third-party modules or themes, changes to the Module's code or incorrect configuration.
• You have given us the chance to resolve it through support.

We do not give refunds for choosing the wrong product or version, or for a change of mind once the Licence has been linked to a shop. Compatibility with third-party modules is only guaranteed when the product page expressly says so.

Liability

If you are a consumer, we are liable to you in accordance with the law, without the limitations in this section.

If you are a business:

• We are not liable for indirect loss, such as loss of profit, loss of sales, customers or data, or interruption of your business.
• Our total liability under each contract does not exceed what you paid us under it in the 12 months before the claim.
• You are responsible for your backups and for testing the Modules before using them in your live shop.

Nothing in this section limits our liability for wilful misconduct or gross negligence, or any liability that cannot be limited by law.

We are not liable for delays or failures caused by events beyond our reasonable control, such as widespread internet outages, or outages of payment gateways or of the third-party services we depend on.

Personal data

How we process your data is set out in the privacy policy.

Your customers' data when we work on your shop

When you give us access to your shop, your server or your Odoo for a service, we may see personal data of your customers. In that case you are the controller of that data and we are your data processor, and we undertake to:

• Process it only to carry out the work you have commissioned and in accordance with your instructions.
• Keep it confidential and ensure that only the people doing the work have access to it, who are also bound by confidentiality.
• Protect it with appropriate security measures and tell you without delay if it suffers a security breach.
• Make no copies other than those strictly necessary for the work, and delete them when it is finished.
• Not engage other processors without informing you first, so that you can object.
• Help you respond to your customers' requests to exercise their rights and give you the information you need to demonstrate compliance.

We recommend that you give us our own, temporary access credentials and revoke them when the work is finished.

Your account

Your account details must be accurate and up to date, especially your billing details. Look after your password and let us know if you think someone has accessed your account. You can close your account whenever you like; if it has active Licences or Subscriptions, we will tell you beforehand what happens to them.

Changes to these terms

We may update these terms. Each order is governed by the terms published when you placed it. For ongoing Subscriptions, we will notify you by email at least 30 days before a significant change applies to your next renewal, and you can cancel beforehand if you do not agree.

Governing law and jurisdiction

These terms are governed by the laws of the State of New Mexico and by the applicable federal laws of the United States. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

If you are a consumer, this choice of law does not deprive you of the protection given to you by the mandatory rules of the country where you live —for example, your right of withdrawal and your legal guarantee—, and you can bring a claim before the courts of your place of residence.

If you are a business, any dispute will be settled by the state or federal courts located in Bernalillo County (Albuquerque, New Mexico).

Complaints

If something has gone wrong, email us at bkmodules@bkmodules.com telling us what is happening and your order number. We reply as soon as possible and always within one month. We are not signed up to any consumer arbitration scheme. If you are a consumer and are not satisfied, you can turn to the consumer services of your town or country and, in any case, to the courts.