These GTU constitute the whole legal agreement between You and Social Shopping Company SAS and govern Your use of the Services, and completely replace any other agreements between You and Social Shopping Company SAS in relation to the Services.
This Website is operated on behalf of the Social Shopping Company SAS, a company registered in France under No B 519919690 of Business Register of Paris, VAT number FR 52519919690, based in rue Lemercier 8, 75017 – Paris (France).
This Website and its contents are controlled and operated from the United Kingdom and is only intended to be accessed by UK residents. If you choose to access this Website from outside the United Kingdom, you do so at your own risk and we make no representation that the content and operation of this Website will comply with local laws or that any content can be lawfully viewed or downloaded outside of the United Kingdom.
User: any natural or legal person connected to Internet, that uses the internet to perform interactive or non-interactive operations (e.g. Websites consultation, information exchange or purchase of products and/or services).
Visitor: any User that uses all or a part of the Services without necessarily being a Member. The Visitor can integrally use the Services for free, except for the cost of his own Internet connection and with no need to communicate any personal information.
Member: any User registered to the Website as Member and consequently with a profile on the Website, created through the online enrolment form or through his own Facebook profile.
Particularly, a Member can perform some Actions, provide some Content (suggestions/assessments, messages, photos, videos, etc.), and interact with the Site or with other Visitors or Members via/through the tools available on the Site (forum, blog, etc.).
To become a Member, the Visitor must be 18 or older and must provide some personal information.
Website: ConsoBaby internet website, available at www.consobaby.co.uk, or any affiliate site introducing/using/showing the mark CONSOBABY, accessible through an Internet address that includes the domain name "ConsoBaby" and edited, wholly or partly, by Social Shopping Company.
Content: any message, document, information, photo, video, data or any other element, of any kind, provided by a Member by uploading through our Services, or through other means. For illustrative purposes only, the following can be considered Content: suggestions/assessments on a product or a service introduced on the Site; photos of products; personal videos; promotional information; messages or comments published on the forum or on the blog of the Site.
Action: any contribution or operation realized by a Member on our Services. For illustrative purposes only, the following can be considered Actions: posting suggestions/reviews, messages on the forum/on the blog of the Site; uploading photos or videos to present products.
Unless otherwise specified in the present GTU:
Social Shopping Company SAS publicises different services to help Visitors and Members in their choices and purchases, as well as services for early childhood and baby care.
The Services are addressed to two categories of Consumers:
Users can have the status of Visitor and Member at the same time.
3. TERM AND TERMINATION
The contract between the Parties may be terminated for convenience, at any time, with immediate effect and without any obligation to give notice and state reason, by notice in writing (registered letter or e-mail) to the other Party.
The termination of the GTU releases Social Shopping Company from any contractual obligation towards the User (Visitor or Member).
4. PERSONAL DATA
Social Shopping Company may have to collect and use members' personal data - especially their identity and contact details - to provide the offered Services. Social Shopping Company uses Members' personal data to communicate with them.
The Services are published in strict conformity with the Members' privacy. Social Shopping Company cannot transmit members' personal data or part of these without their consent. Such consent will normally be collected during the Member registration to the Services.
In the event of the transmission of Member's personal data according to the applicable regulation, Social Shopping Company cannot be held responsible for e-mail messages or any other form of advertising that Third-Parties may address to the Member.
Social Shopping Company can transmit certain Members' contact details and personal information, particularly if Social Shopping Company believes that is necessary under legal proceedings. Social Shopping Company requires absolute compliance with the present GTU in the event of the violation of Third-Party rights or to protect the rights/affairs of Social Shopping Company and its partners, executives/managers or shareholders.
The Member status implies that Social Shopping Company can in particular link the user name chosen by the Member to all content written by him and published on the Services. The status of Member also implies that Visitors or Members can access some Member's information (e.g. number of published assessments, municipality, the number of declared children and/or the age of the Member) by clicking on the Member user name on the Website.
Every Member shall benefit from the following rights: access, consultation, change and deletion of his own personal data transmitted to Social Shopping Company. These rights can be exercised by modifying the information directly on the computer or by going to the “Contacts” page of the Services and sending an e-mail or a registered letter.
The Members personal data repository/storage is declared to the French National Committee of I.T. and Liberties (CNIL, France) with identification number 1496847.
The Services are hosted on Online.net.
The maximum period of members personal data retention is:
- 12 months after the last opening of a newsletter e-mail for the data related to the newsletter,
- 60 months after the last login to the site for member account data.
If you wish to delete your account, please contact us using the contact form (your account will be deleted within 48 hours).
5. MEMBERS LIABILITY AND OBLIGATIONS
The status of Member is acquired following the registration to one of our Services.
The registration may be administered by Facebook Connect (at the option of the individual Member). In such case the Member must verify the authenticity of his own information on Facebook.
By performing Actions and providing Content to the Website, the Member acknowledges to be fully responsible for their nature, and therefore accepting all the possible legal consequences.
The Member shall be required to keep his account and password secure and private, and shall be required to monitor access to his own computer(s) and devices. The Member accepts to be held responsible - in the limits allowed by the applicable law - for all the activities that will be carried out/made with his account and password. The Member shall be required to ensure that the information provided is correct and complete, and he shall be required to immediately notify every non-authorized use of the account/password.
The Member undertakes to respect the applicable Law. Particularly, the Member undertakes to not deliberately publish images or links referring to websites whose content includes, for illustrative purposes only, the following:
The Member also undertakes to:
The Member undertakes to indemnify and hold Social Shopping Company blameless of any cost, charge, damages, expense or loss resulting from the breach of any of the provisions of this clause.
If a Member does not comply with the present dispositions, Social Shopping Company reserves the right to:
6. BABY PRODUCT TEST SELECTION – EVALUATION OF MEMBERS' OPINIONS
At regular intervals, the Website proposes a "Baby product test" or "weekly test" or "product testing", consisting in receiving products or services, free of charge, supplied by corporate clients and/or partners, in order to use and evaluate them.
In order to be selected as a participant in a test and to receive a product or a service, the user must comply with the following conditions:
The testers selection shall be carried out by Social Shopping Company among the Members who had registered to the test, pursuant to the criteria mentioned above and based on the quality of the reviews previously published by the participants.
In order to assess the quality of the reviews, the Website publisher shall particularly take into account the degree of accuracy of every product review, its relevance, the orthography and the syntax.
The number of product testing participants may vary, particularly depending on the products/services quantity.
Every Member selected as product tester will receive a confirmation e-mail and will have seven (7) days to confirm by e-mail (to: firstname.lastname@example.org) the following information: identity, telephone number and postal data. Failing confirmation, the Member can be removed from the selection and replaced by another Member meeting the criteria established in the present clause.
Furthermore, every selected Member that confirms his own selection and identity undertakes to use the product received and to publish on the Website a detailed and personal review on it, within a reasonable timescale and no longer than one month after receiving the product, except for pregnant women who have received the product for the new baby.
Failing the review publication, the status of Member may be withdrawn. The product received for the Baby Test can be kept by the Member.
Social Shopping Company shall reserve the right to interrupt or to cancel the selections for a product testing for any reason.
If a Member selected for a test is not be able to receive the product/service of the test, or receives it damaged, incomplete or unusable due to shipping problems, packages lost by the courier, unavailability of the product or the service, or for any other reason not connected to Social Shopping Company, the Parties hereby agree that Social Shopping Company cannot be held responsible.
Furthermore, products not functioning correctly or not corresponding for any reason to the Member's expectations cannot be replaced, compensated or returned. The Parties hereby agree that in these cases Social Shopping Company cannot be held responsible.
7. CONTENTS LIABILITY AND INTELLECTUAL PROPERTY
The Member remains solely responsible of the Content that he directly proposes or publishes on the Services.
The Parties hereby agree that Social Shopping Company cannot be held responsible for the Content directly published from a Visitor or a Member. The Company undertakes to check the Content before and after the Users publish them.
The Member assigns to Social Shopping Company all his intellectual property rights and copyrights related to the Content provided on the Services or by any other means, irrespective of the support, the form and the state of advancement.
The abovementioned rights shall include, purely as an example; performing rights, adaptation, translation, use, exploitation and representation, such as defined by the Industrial Property Code on any medium and for the entire duration of the IP Rights.
The use of Members' Content by Social Shopping Company shall not be limited by time. Such rights shall remain with Social Shopping Company under any circumstances, particularly beyond the partial or total loss of the Member status.
The Member henceforth authorizes Social Shopping Company to cancel, copy, distribute and reproduce all or a part of the Content. Particularly, the Member authorizes Social Shopping Company to exploit his Content commercially, all over the world and on all supports/medium, in any form whatsoever.
Furthermore, the Member henceforth shall accept that Social Shopping Company can examine, delay, use or not use, totally or partially, his Content or reproductions of this, without needing justification.
Any Content provided by a Member that is unintelligible or difficult to read (for illustrative purposes only: use of improper terms, hardly understandable syntax, incorrect punctuation or capitalization) may not be published by Social Shopping Company.
The product photos uploaded by a Member, in order to be published on the Website, must meet the following requirements:
The Members also agree that Social Shopping Company can modify the form of the provided Content (particularly the orthographic or grammatical structure of a text and the quality or the size of a photo/video) in order to publish them on the Services and to make them understandable to the Consumers. In addition, Social Shopping Company may refuse to publish Content if duplicated from another one or if it is considered not pertinent or useful for the Consumers. Similarly, Social Shopping Company may refuse to publish Content considered incomplete or inaccurate.
The Member shall expressly grant to Social Shopping Company the full and total enjoyment of the transferred rights in respect of any claims, preclusion or complaint by a third party.
Particularly, the Member undertakes to indemnify and guarantee Social Shopping Company from any and all claims that may arise deriving from the provided Content, and more specifically against any counterfeiting action, intellectual property infringement, unfair and misleading commercial practices, or unfair competition.
The Member henceforth shall accept to pay damages to Social Shopping Company, including interest and costs, and particularly all legal costs that Social Shopping Company should sustain, as well as any prejudice suffered by Social Shopping Company for the abovementioned causes.
In the case of a justified claim from a third party or for any other reason, Social Shopping Company reserves the right to modify or eliminate all or part of the provided Content, and/or to exclude the Member from the Services temporarily or definitively.
8. WEBSITE AVAILABILITY
Social Shopping Company is entitled to modify and/or temporarily or definitively interrupt all or part of the Services at any time, without obligation to preventively inform Visitors or Members.
Social Shopping Company will undertake to maintain the Services operational on a 24/7 basis, but in no way shall it be held responsible for disruption of services due to technical operations, maintenance, data migration or updating, or setbacks due to the performance of the Internet, telecommunications operators or mobile App platforms.
9. TERMINATION/CANCELLATION - MEMBERS ACCOUNT RESTRICTION
The present GTU shall be automatically terminated in the case of breaches and non-compliances of such magnitude that shall not permit, not even provisionally, the execution and/or the prosecution of the contracting Parties’ relations, in addition to the cases expressly provided for by the present GTU and the Law.
The termination clauses are:
a) the infringement by a Member of Article 7 of these GTU;
b) the infringement by a Member of the articles or the principles of these GTU;
In such cases, Social Shopping Company is entitled to modify and/or interrupt/suspend all or part of the Member Services access, without obligation to preventively inform the Member.
The Parties hereby agree that Social Shopping Company cannot be held responsible in any case for the consequences/implications arising from the Member account limitation or suppression.
10. ADVERTISING, PRICES, PARTNERSHIP
The Parties hereby agree that Social Shopping Company cannot be held responsible in any case for payment, delivery, conformity, quality of a product/service or for any legal or factual relation formed between Users and an advertising operator or a commercial partner. The Parties hereby agree that Social Shopping Company cannot be held responsible in any case for losses or prejudices arising from the above relation, or in general for the presence of advertising operators or commercial partners on the Services.
Furthermore, the Parties hereby agree that Social Shopping Company cannot be held responsible in any case for Content, products or performances of third parties whose advertising appears on the Services.
The prices (different from the target price eventually mentioned) shown for the products on the Services are provided by the commercial partners of Social Shopping Company. Social Shopping Company is not in any way aimed at reviewing, in a comprehensive manner, the prices and offers of all the dealers, partner brands, Internet websites or English sellers of the presented products.
Other than Members' opinions, all information (images, descriptions, prices) shall be as precise as possible and the Services are regularly updated. However, information provided by the partners of Social Shopping Company, may contain some inaccuracies, omissions or deficiencies for which Social Shopping Company cannot be held responsible.
The Parties hereby agree that Social Shopping Company cannot be held responsible in any case for the real or supposed quality of the products or services proposed on the Website.
The prices may not include possible shipment costs if these are not specified at the time when the partners provide the information for the publication on the Website.
11. INTELLECTUAL PROPERTY
Visitors and Members henceforth undertake to respect the intellectual property rights of Social Shopping Company. Visitors and Members henceforth undertake not to copy, modify, lease, sell, release all or part of the Website, and not to create derivative works without a deal agreed by Social Shopping Company, except for a strictly personal usage.
The brands BABY TEST, MYCONSOBABY, CONSO BABY, BIEN CHOISIR POUR BEBE and the brands ConsoBaby, MyConsoBaby and ConsuBebe are INPI (National Institute of Intellectual Property) trademarks.
Any unauthorized use of the abovementioned brands for the registered categories of goods and services constitutes a counterfeiting fraud and shall be pursued.
12. WARRANTIES AND LIABILITY LIMITATION
While Social Shopping Company endeavours to provide a quality service for the Users of the Website, Social Shopping Company cannot guarantee in any way the accuracy, the availability and the quality of information held in the Services.
The Parties hereby agree that Social Shopping Company cannot be held responsible in any case for any damage or loss arising from the Services/Content usage.
13. AMENDMENTS TO THE GTU
The last version of these GTU as updated and available on the Website www.consobaby.co.uk prevail over any other oral or written agreement between the Parties, including the earlier versions of the GTU.
14. APPLICABLE LAW AND JURISDICTION