The sale, with no grey areas

These terms govern the sale, on alohapixel.app, of licences to use the Astro themes published by Aloha Pixel: Aloha, Reef, Swell, Koa, Kai and Nalu. The themes are sold individually or together in a single offer, the All-Access Pass, which covers the whole family.

They are digital products, delivered as a downloadable file and as read access to a private code repository.

Placing an order means accepting these terms and the licence, which can be read in full on the Licence page before buying. The seller is Justin Deboves, a French sole trader (entrepreneur individuel) trading as Aloha Pixel, whose full details appear in the legal information above.

Each theme ships with its complete source code, its documentation, its tooling scripts and its mobile packaging configuration. The exact inventory of a theme is listed on its page and can be checked inside the delivered file.

The Reef theme is free and open source. It is published under the MIT licence, in a public repository, and may be used, redistributed, modified and republished on the terms of that licence. The Aloha Pixel commercial licence does not cover it: it covers only the five paid themes, Aloha, Swell, Koa, Kai and Nalu.

The All-Access Pass gives access to the seven themes of the family, and to any theme later added to that same family, at no extra cost and with nothing for the buyer to do. Reef is included in it for convenience and stays under its own MIT licence.

The products are files, not services: they include no hosting, no subscription, and no obligation to release updates on a fixed schedule. Published updates are made available at no extra cost, up to the next major version of the theme concerned.

Prices are shown in euros on each theme's page and on the Themes page. They currently range from 49 euros for a single theme to 149 euros for the heaviest, and 179 euros for the All-Access Pass, with the Reef theme free of charge. The price that applies is the one displayed when the order is placed.

Payment is made in one instalment, by card, on a page hosted by Stripe. No card data goes through this site and none is stored here.

The order is final once Stripe confirms the payment.

The seller falls under the French VAT exemption scheme: VAT not applicable, article 293 B of the general tax code. Prices are therefore shown net of VAT and no VAT is charged.

VAT rules for electronically supplied services to buyers established in another member state of the European Union follow a specific regime. The seller complies with the rules in force and adapts its invoicing should the applicable thresholds be exceeded.

An invoice is issued automatically for every paid order, with nothing to request.

It is sent as a PDF to the email address given at payment, attached to the delivery email, and stays available to view and download from the customer area at any time, with no time limit.

The invoice carries the statements required by French regulations, including the seller's company number, bank details, the VAT exemption notice and the statutory late payment penalties. A billing address is requested at payment: it is required to issue a valid invoice.

Delivery is immediate and automatic. As soon as the payment is confirmed, an email containing the licence key and one download link per purchased theme is sent to the address provided.

The download link is valid for 7 days and allows 5 downloads per theme covered by the order. After that, or once that number is reached, a new link is provided on request.

The licence also grants read access to the private distribution repository: the buyer gets updates there without copying files around. That access is requested from the purchase confirmation page or from the customer area, by giving a GitHub username.

If the email never arrives, the customer area on this site shows the licence key, a valid download link and the invoice at any time. Signing in requires no password: a code is sent to the address used for the order.

Under article L221-28 13° of the French consumer code, the fourteen day right of withdrawal does not apply to the supply of digital content not delivered on a physical medium where performance has begun after the consumer's express prior agreement and express waiver of that right.

That agreement and that waiver are collected at payment time: the payment page restates the terms before the order is confirmed. Since delivery is immediate, performance begins as soon as the payment is confirmed.

This waiver takes away none of the legal guarantees described below, nor the commercial refund the seller grants of its own accord.

Independently of the right of withdrawal waived in the previous article, the seller applies, of its own accord, a fourteen day refund policy with no justification required.

Replying to the purchase email is enough, even if the theme has already been downloaded. This applies to single themes and to the All-Access Pass alike.

The refund is issued to the original payment method within fourteen days. The licence is then revoked and access to the private repository removed: the buyer stops being allowed to use the paid themes and deletes the copies of their source code in their possession, while end products already deployed may stay online. Reef is unaffected: it is free and MIT, and a refund takes nothing away from it.

Consumers benefit from the legal guarantee of conformity for digital content set out in articles L224-25-12 and following of the French consumer code. The seller is liable for lack of conformity that appears within two years of the digital content being supplied.

Under that guarantee, the consumer may require the digital content to be brought into conformity free of charge. Failing that, they may obtain a price reduction or the termination of the contract under the conditions provided by law. They do not have to prove that the defect exists: it is presumed to have existed at the time of supply for the whole duration of the guarantee.

Consumers also benefit from the legal guarantee against hidden defects set out in articles 1641 and following of the French civil code, which allows the sale to be rescinded or the price reduced within two years of the defect being discovered.

These guarantees apply automatically, free of charge, and independently of any commercial guarantee. Any provision of these terms or of the licence that would set them aside or reduce them is deemed unwritten. To invoke them, write to contact@alohapixel.com describing the defect.

One developer, an unlimited number of end products, for yourself or for your clients. Buying a theme covers that theme; the All-Access Pass covers the five paid themes of the family on the same terms.

What is forbidden: reselling or redistributing a paid theme as a theme, a UI kit, a starter or a template, free of charge or not, modified or not. This restriction does not reach Reef, which is published under the MIT licence and may be redistributed and republished freely, including in a public repository.

The full text of the licence is on the Licence page and inside the delivered file. Should a summary and the licence text disagree, the licence text prevails. The licence can never restrict the legal guarantees set out in the previous article.

Support is by email, at contact@alohapixel.com, in French or in English. We answer within two business days, weekends and public holidays excluded.

Support covers installation, understanding the delivered code and defects in the theme. It does not cover custom feature development, nor debugging code added by the buyer.

This support is a commercial service: it comes in addition to the legal guarantees and does not replace them.

Without prejudice to the legal guarantees set out above, which apply in every case, the themes are provided as is. We guarantee that they build without error with the announced versions, and that guarantee can be checked: the type-check command and the build command ship with the product.

It is for the buyer to check that a theme fits their use case before deploying it: every theme's demo can be browsed freely, without signing up and before any payment.

Except where the law forbids it, in particular towards a consumer under the legal guarantees, our liability may not exceed the amount actually paid for the licence concerned.

Under article L213-1 of the French consumer code, for any order of 120 euros or more, the seller archives the concluded contract and guarantees the buyer access to it for ten years from the conclusion of the contract.

The buyer can reach it at any time from their customer area, which holds their order and their invoice, or on request at contact@alohapixel.com.

The data collected when an order is placed is what is needed to fulfil it, to issue the invoice and to meet accounting obligations. It is never sold, rented, or handed to a commercial partner.

The detail of the processing, the recipients, the retention periods and how to exercise your rights is in the privacy policy, reachable from every page of the site.

These terms are governed by French law. That choice does not deprive a consumer resident in another member state of the European Union of the protection afforded by the mandatory rules of the law of their country of residence.

In the event of a disagreement, an amicable solution will be sought first, by writing to contact@alohapixel.com.

Failing that, and after a written complaint left without a satisfactory answer, a consumer may refer the matter free of charge to the consumer mediator Aloha Pixel is registered with: the Association Nationale des Médiateurs (ANM), 2 rue de Colmar, 94300 Vincennes, France, www.anm-conso.com. A consumer may also use the European online dispute resolution platform at ec.europa.eu/consumers/odr.

Failing an amicable settlement, the dispute falls to the competent French courts. A consumer may choose instead the court of the place where they lived when the contract was concluded or where the harmful event occurred.