Terms and Privacy Policy

T&CS/CGVS

General conditions of sale Certishopping

These General Terms and Conditions of Sale (hereinafter referred to as "GTCs") are intended to apply between DEVSOLUTION SASU, registered in the Paris Trade and Companies Register under number 830 101 382 (hereinafter referred to as "Certishopping") and the Company (hereinafter referred to as the "Company") as defined by the online payment system, provided that the Company's registered office is located in France.
Certishopping develops and uses professional solutions for collecting, managing, publishing and distributing customer reviews. This system allows the Company to collect authentic customer reviews from end customers about their websites, products and services and use these reviews in their marketing campaigns on facebook, instagram etc. (hereafter the "certishopping solution"). By making the payment online, the Company agrees to respect the present T&Cs which regulate the conditions under which the certishopping solution is made available to the Company.

1. DEFINITIONS:

1.1 "Certishopping customer reviews" is a profile page dedicated to the company indexed by google and other search engines summarizing the score and reviews collected by customers. This page is accessible by visitors on the site by clicking on the widget or on the certishopping-badge or by the url of the said profile page.

1.2 " Certishopping back office " is the client space in the form of an interactive web interface with a dashboard summarizing the data of evaluations and invitations, score and stat... where all certishopping services are available according to the package granted to the client in the form of different modules. The customer connects to his space as soon as he registers by creating accesses (email and password)

1.3. The "certishopping notice collection system" means the technology, software, tools, files, know-how and processes owned by certishopping.

1.4. The "Order Form " is an online document on the back office dealing with a transaction concluded in accordance with the present GTC by and between Certishopping and the customer. This document includes indications of duration, price, nature of services.

1.5. Ratings & Reviews" are defined according to a star rating system based on authentic written reviews by Internet users, which are then collected and published through Certishopping's Customer Review System. Ratings & Reviews include Company Reviews and Product Reviews.

1.6. The "Internet User" is a person who leaves notes, reviews and generated content

1.7. The "Combination Graph" (hereinafter "Widget"), is a cross-referencing of data from selected reviews and displayed randomly, visible on the Certishopping Customer Space. Different models are available.

1.8. The "Agreement" is defined as the set composed of the online Order Form, the T&Cs and the license agreement concluded between the parties.

1.9 "Site Feedback" is defined as feedback left by an Internet user regarding his/her overall purchasing experience with the Company and specifically regarding the Company's services such as customer service.

1.10. "Product Review" is defined as the review left by an Internet user in relation to his/her personal consumption experience with a specific product or service and relating in particular to the qualities of said product or service. A product review may only be posted in connection with the specific product or service to which it relates.

1.11. An "Invitation" is characterized by the sending of an evaluation request in the form of a link to End Users. The number of Invitations is calculated on a monthly basis.

2. EFFECTIVE DATE OF THE CONTRACT:


2.1.
The Merchant Sites use Certishopping's services to collect the opinions of the Consumers on their purchase experiences on the company's site. The T&Cs apply to any person, legal or natural, carrying out an activity on a professional basis and having the legal capacity to conclude legal acts.
2.2. By making the online payment, the Company indicates its intention to use the Certishopping evaluation platform and its acceptance of the GTC. Once the transaction is completed and acceptance of the GTCs provided during the commercial negotiation, the Company further declares that its activity is of a professional nature. The data required in the registration form (mandatory fields) must be genuine and accurate.

3. SERVICES RENDERED BY CERTISHOPPING:



3.1
Certishopping may propose different solutions with standard or customized services to the Company in the framework of the execution of the GTC. The services provided by Certishopping are specified in the package subject to payment by the Company.
3.2.
Certishopping reserves the right to change, modify or discontinue the scope of all Standard Services. In case of such a change, the definition of the service remains valid as agreed when the Contract takes effect unless otherwise agreed.
3.3 In accordance with the applicable regulations, Certishopping Customer Review Management team undertakes to check the conformity of the reviews submitted by end-users to Certishopping's TOS before publishing them on the Company's Customer Profile Page.

4. ACCESS, LICENSE, PROPERTY RIGHTS:




4.1.
Access rights. After the Agreement takes effect and during the specified term and its tacit renewals, Certishopping grants the Company access to its dashboard and to the Certishopping customer rating system. The latter allows to collect, manage and display the Company's End Users' Ratings & Reviews. These access rights cease upon simple or faulty termination of the Agreement by Certishopping.
4.2.
Authorization of the Company. Subject to the provisions of the T&Cs and for the term of the Agreement, the Company grants Certishopping a limited, non-exclusive, non-transferable, non-assignable, royalty-free, worldwide license to use, copy, and publicly display the Company's name and logo solely for the purpose of providing the services under the T&Cs and for reference purposes during the term of the Agreement.
4.3
Certishopping's Authorization: Subject to the provisions of the T&Cs and for the defined period, Certishopping grants to Company the limited, non-exclusive, non-transferable, non-assignable authorization to use Certishopping's Widgets in accordance with the T&Cs, which are assigned according to the Widget and Badge assignment criteria. The Widget, as well as the Badge, is part of the Certishopping customer rating system. In case of termination for default by Certishopping, Certishopping's authorization ceases on the effective date of such termination of the Agreement.
4.4Property Rights. Certishopping retains all rights including intellectual property, title and interest in the Certishopping Customer Review System. Except as authorized by Certishopping to the Company under clause 4.3, nothing in these T&Cs shall be construed as transferring Certishopping's rights, title or interest to the Company. Moreover, Certishopping has the exclusive right to use the Ratings & Reviews and is authorized to publish the Ratings & Reviews on search engines and social networks insofar as the Consumers assign their intellectual property rights on the Ratings and Reviews to Certishopping.
Certishopping grants to the Company the temporary authorization to use the Badge, the Certishopping Ratings & Reviews collected during the term of the Agreement for advertising purposes, under the following conditions:
The Ratings displayed by the Company must be consistent with the current rating status of the business or division recorded in Certishopping's Customer Rating System, must be correctly dated and the business or division designation must be indicated. The wording of the notices shall not be changed and the Company shall refrain from any action intended to use the notices in a way that may create a false impression about the current status of its rating and/or may mislead customers.
The Certishopping Badge may be used for advertising purposes after written permission has been granted by Certishopping. The Badge must be accompanied by a date indicator, e.g. 10/09/14 and the Company must refrain from using the Badge in a manner that may create a false impression about the current status of its rating and/or that may mislead customers.

5. OBLIGATIONS OF THE COMPANY:

5.1. The Company is obliged to inform Certishopping immediately, in writing, of any change in the contact and business data - such as bank details and contact person information - provided by the Company.

5.2. The Company is not allowed to use the Certishopping Customer Review System, the Widget and the badge in a misleading or unfair way; the rating extract and the rating represented must correspond to the current Certishopping rating status. The Company is not permitted to write reviews itself or to engage a third party to write reviews on its behalf. As such, the Company's employees are not permitted to post Ratings and Notices. The Company is not allowed to take any action whatsoever to prevent the integration of neutral or negative reviews in the Certishopping Customer Review System. Furthermore, the Company shall not alter or falsify End User reviews in any way. The Company shall allow all End-Users to leave a review based on the performance. In addition, Company shall not act to fraudulently influence the Ratings & Reviews.

5.3.The Company shall refrain from any activity intended to render the Certishopping Customer Evaluation System unusable, by manipulating it or preventing its use.

5.4.The Company shall immediately report any failure to use the Certishopping Client Evaluation System to Certishopping. In case the Company is responsible for the failure of use of the Certishopping Customer Evaluation System which requires a re-installation of the Certishopping system, a reinstallation fee will be charged according to the tariff sheet.

5.5.The Company is required to protect Certishopping access data (user name, account password and interface password) from any unauthorized use by a third party and to maintain the confidentiality of such data. It must immediately notify Certishopping, in writing or by email to support@certishopping.com, if there is even a suspicion of misuse.

5.6.The Company is not allowed to enable any uploading, offering or allowing the distribution of content that would violate international, national and local laws on the web pages where the Certishopping Customer Rating System is integrated. This applies especially to any discriminatory, racist, offensive or pornographic content or any content glorifying violence.

5.7. The Company is required to ensure compliance with applicable data protection laws. In addition, the Company is solely responsible for:

  • The manner in which End-Users are approached and informed about the opportunity to leave Ratings & Reviews. In this respect, it must in particular ensure that End Users will not be influenced, manipulated or coerced in any way when they leave Ratings & Reviews, in particular when these Ratings & Reviews are left via a medium other than the Internet.
  • Evaluating compliance with the legal framework for advertising (including the type of advertising) of the Company's products and/or services, in particular under the laws on competition and advertising.
  • Assessing the requirements under competition laws, personal data protection and other applicable laws and obtaining the necessary consent from the End User.
  • CERTISHOPPING DOES NOT ACCEPT ANY LIABILITY FOR DAMAGES RESULTING FROM THE BREACH OF THE ABOVE OBLIGATIONS 5.8.The Company is required to provide accurate data for all End Users without distinction.

    5.9. In principle, Certishopping does not delete or modify the End-Users' Ratings & Reviews:
  • unless the review text violates the TOS, in which case, the End User would receive a new link to leave a review,
  • Certishopping has the obligation to delete or modify the Notes & Reviews following a court order or the order of a competent authority
  • Except in response to a misuse of Certishopping's Customer Evaluation System.
  • In case one or several fraudulent uses are repeated, Certishopping is authorized to delete immediately the concerned Notes & Reviews.

    6. CONSEQUENCES OF IMPROPER USE:


    6.1.
    If Certishopping reasonably believes that the Company has breached the obligations described in articles 4 and 5, Certishopping is entitled to immediately block, either partially or fully, access to the Certishopping Customer Review System, to technically prevent the display of the Customer Review Page on the Company's web pages, or general access thereto, and to terminate the Agreement, without notice, in accordance with article 8.2. This shall not affect Certishopping's right to claim damages or any other right it may have at the time the Agreement takes effect.
    6.2. The Company shall be liable for any direct damages caused to Certishopping and its affiliates that are attributable to any breach described in Articles 4 and 5, as well as to any other misuse of Certishopping's Customer Evaluation System.

    7. CONFIDENTIALITY:

    7.1. Each party agrees to maintain the confidentiality of any Confidential Information received or made available to a party and not to disclose the Confidential Information to any third party without prior written authorization, except as set forth in these T&Cs, for a period of one (1) year from the termination of the Agreement. "Confidential Information" means:

  • All software, technology, know-how and documentation relating to the provision or use of the Certishopping Customer Evaluation System or
  • All software, technology, know-how and documentation relating to the provision or use of the Certishopping Customer Evaluation System or,
  • Any other information made available to the receiving party by the owning party and identified as confidential or that would normally be considered confidential under the circumstances in which it is presented. Confidential Information does not include information:
  • Already known before disclosure by the party receiving or using the Certishopping Customer Evaluation System;
  • Which have been developed independently by the receiving party;
  • The disclosure of which by the receiving party is required as a matter of right, provided that prior to such disclosure, the receiving party shall deliver written notice of such request to the owning party so that the owning party may seek a protective order or other appropriate relief.

  • 7.2. Each party agrees to take reasonable precautions to protect the confidentiality of such Confidential Information; such precautions shall be at least as restrictive as the precautions necessary to protect its own Confidential Information. Each party agrees to disclose Confidential Information only to employees who need to know the Confidential Information and who have signed a written non-disclosure agreement similar in content to this provision prior to any disclosure of the Confidential Information.

    7.3. Personal data transmitted to Certishopping will be used exclusively on the Company's instructions in accordance with the signed contractual relationship and related purposes such as fraud prevention, storage, encryption and data usage. This data will not be shared with any independent third party. Certishopping notes and warrants that its data collection, access, use, storage, disposal and disclosure of personal information are and will remain in compliance with applicable privacy laws in accordance with Directive 95/46/EC (General Data Protection Regulation) OJEU L127 2 of 23/05/2018. Certishopping's privacy policy is available at https://business.certishopping.com/fr/protection-des-donnees . The Company is informed that in accordance with the AFNOR Z74-501 standard, Certishopping shall keep the data communicated by the Company for a period of at least one (1) year as from the publication of the Notices and shall keep a history of the information related to each Notice for a period of at least one (1) year as from the deletion of the Notices, whether the Contract with the Company is still in progress or not.

    8. The terms of the contract:



    8.1.
    The Contract is concluded once the Company has made the online payment on Certishopping, and by doing so, accepts the GTC. The period of performance of the Agreement and the obligation to pay starts at the moment the technical implementation is completed allowing the Company to solicit End Users for the purpose of submitting Notes & Reviews or, at the latest, four weeks after the start of the Service Agreement as indicated by the Company. The Company shall enable Certishopping to implement the ordered services in a timely and efficient manner. The Company shall designate a contact person in charge of the Company's technical communications to submit any information required for the technical implementation as well as availability slots for this purpose. If the technical implementation is not possible within four weeks after the indicated date, without any fault attributable to Certishopping, then the obligation to pay will start immediately. In this case, the obligation to pay will start upon completion of the technical implementation allowing the Company to solicit End Users for the purpose of submitting Notes & Reviews) and at the latest, four weeks after the starting date of the specified implementation period.
    8.2.
    The minimum duration of the Contract for Certishopping paid services is 12 months. The Agreement may be terminated by giving notice at least 30 days before the end of the Agreement. If the Agreement is not terminated within this period and at each expiration date, the Agreement will be automatically extended for successive periods of 12 months. Notices of termination must be sent by mail to Certishopping Head Office 32, Bd de Strasbourg CS 30108 75468 PARIS Cedex 10 by email to " support@Certishopping.com ". The right to exceptionally terminate the Agreement without notice for fault is not affected. In particular, but without being limited to that, Certishopping is entitled to exceptionally terminate the Agreement if the Company breaches its obligations as specified in articles 4 and 5 or accumulates at least two consecutive months of late payment of invoices. In case of termination of the Contract by Certishopping for fault, any service started will be due immediately in its entirety. Invoices due will be payable immediately.
    8.3. In case of termination for default by Certishopping, the Company will no longer be authorized, with immediate effect, to use Certishopping's services and/or any distinctive sign of Certishopping.

    9. RATES, BILLING AND PAYMENT TERMS:






    9.1.
    Upon commencement of the services provided for in the Agreement, the Company shall pay the user fee according to the amount agreed in writing of the service ordered from Certishopping in accordance with the Agreement established between the Company and Certishopping. Payment of invoices shall be made on the date or within the period mentioned on the invoice. Any modification, reinstallation of software or any adaptation of the Company's implementation of Certishopping's services which is not Certishopping's fault, shall be paid by the Company according to the offer specified to you. Where the agreed volume of Transactions has been exceeded, the Company shall pay additional amounts according to the volume processed, as agreed in writing and in accordance with the nature of the service ordered from Certishopping, under the Contract established between the Company and Certishopping. Such additional amounts shall be invoiced the following month on a separate invoice. This also applies to companies that have agreed on an annual prepayment. The amount of the monthly usage fees and the sums related to the additional volume processed will depend only on the monthly Transaction fees and previously provided for in the Certishopping services ordered, as agreed upon in the Contract, between the Company and Certishopping.
    9.2.
    At the beginning of the Contract, the Company authorizes Certishopping, through its payment provider, to debit the indicated bank account by means of a direct transfer order unless otherwise agreed (e.g. credit card). If, due to lack of funds, Certishopping is unable to recover the amounts due, Certishopping reserves the right to apply a fee of up to 10 Euros, intended to cover bank and processing fees. In case of late payment, Certishopping is also entitled to charge fees according to the legal provisions in force.
    9.3.
    In order to reduce its credit risks, Certishopping reserves the right to reduce the payment options.
    9.4.
    The invoice for the installation of the service will be issued upon receipt according to the payment terms established on the invoice. The same applies to monthly or annual user fees unless otherwise agreed in writing. The payment will be considered as made on the date of collection of the sums due by Certishopping. In case of annual payment agreement as provided in article 9.1, the annual invoice must be paid upon receipt, according to the payment terms indicated on the invoice. The same is true for volume-based amounts as well as for all amounts due during the term of the Agreement as indicated in article 9.1.
    9.5.
    In case of late payment, Certishopping expressly reserves the right to block the Company's Customer Review Page and to interrupt the services.
    9.6. In case the Company grants a SEPA mandate for payments in Euro to Certishopping, payments will be made by direct debit on the Company's bank account. The purchase price will be debited, one working day after the Transaction is completed, on the Company's bank account, by Certishopping's payment provider, DomiciliationQonto (Olinda SAS), 20 bis rue La Fayette, 75009 Paris, France FR7616958000012063750340719. The deadline for the preliminary announcement (prior notice) is reduced to one day. The Company undertakes to bring the funds to the account. Any non-payment costs incurred or reversal of the debit will be at the Company's expense as long as the non-payment or reversal is not due to Certishopping.

    10.reimbursement :

    Any payment made under the subscribed Formula will remain acquired by Certishopping. No refund prorata temporis can be requested due to the termination of this contract and for any reason whatsoever.
    In case the Customer would not respect his payment obligations, Certishopping would be entitled to suspend the access to his personal account and to interrupt his Services.
    In the event the Customer has not settled this payment incident, the present contract will be terminated and its account definitively deleted. Certishopping may also take legal action to claim damages for the loss suffered.

    11. WARRANTY, LIABILITY AND INDEMNIFICATION:

    11.1. Warranty. Certishopping warrants that Certishopping's Customer Evaluation System and/or related products and services are Certishopping's intellectual property and do not infringe the rights of any third party.

    11.2. disclaimer of warranty. except for warranties expressly provided by certishopping in the gcv and, unless otherwise provided by applicable law, all other warranties, implied or statutory, are excluded, including but not limited to any commercial warranty or warranty of fitness for a particular purpose. certishopping's customer rating system is provided "as is" by certishopping. certishopping cannot guarantee the availability and permanent accessibility of its rating system, and cannot guarantee that the system is free from defects. delays or interruptions of access may occur due to technical circumstances beyond certishopping's control.

    11.3. Liability. Certishopping is liable for all damages caused intentionally or not by Certishopping or its employees.

    11.4 Exclusion of Liability. in no event shall either party be liable to the other for any consequential, incidental, indirect, or related damages, including, without limitation, lost data or lost profits resulting from the performance of the gcv. any technical information provided by certishopping or consulting services rendered by certishopping and not included in the scope of the agreement is provided free of charge and to the exclusion of any liability. certishopping shall not be liable for any lost profits or earnings as a result of the implementation or publication of negative notes & notices. certishopping is also not responsible for software errors, server failures of any kind and damages that may result from the installation of certishopping's customer rating system or any other comparable consequence. certishopping is not responsible for the functionality of third party services or products. certishopping is not responsible for any damages related to the company's failure to provide the service. in case of customized services provided to the company, the company will be solely responsible for the legality and suitability of the service to its system.

    11.5 limitation of liability. notwithstanding anything to the contrary in the agreement, in no event shall certishopping's cumulative liability (including, if applicable, indemnification expenses) exceed the total amount payable or paid by the company (in the aggregate) for one year for the performance of the services covered by these gcv.

    11.6 Indemnification by Company. The Company shall indemnify, defend and hold Certishopping harmless from and against any and all damages, liabilities, costs and expenses (including reasonable attorneys' fees) related to any action, suit, claim or proceeding brought or threatened to be brought by any third party against Certishopping arising out of or in connection with any breach of the Company's obligations under the TOS.

    11.7 Indemnification by Certishopping. Certishopping shall indemnify, defend and hold harmless the Company from and against any and all damages, liabilities, costs and expenses (including reasonable attorneys' fees) related to any action, suit, claim or proceeding, brought or threatened to be brought by any third party against the Company arising out of or in connection with any actual or alleged breach of Certishopping's representations and warranties in this section subject to the items below. In particular, this article does not apply in case of customized services provided at the Company's request. In this case, the Company is solely responsible.

    11.8 The indemnification obligations of this Section 10 are subject to the indemnified party:

  • Promptly provide written notice of said complaint to the party to be indemnified
  • Provides reasonable cooperation in the defense and any associated settlement negotiations to the party to be indemnified
  • has exclusive control over the disputes and settlements of such complaints.
  • 12. FINAL PROVISIONS:





    12.1
    Jurisdiction is given to the competent French courts for any possible dispute which could emanate from the commercial relations between the two parts.
    12.2
    These GTC are governed by French law and any possible dispute will be under the exclusive jurisdiction of the competent French courts.
    12.3
    The nullity of one of the clauses of the present GTC shall not entail the nullity of all the other clauses which shall continue to produce their effects. If such a case occurs, the parties shall replace the invalidated provision with a valid provision corresponding as much as possible to the spirit and purpose of the invalidated provision.
    12.4
    Any complaint or request for termination of the Agreement will only be considered if sent by e-mail: support@certishopping.com.
    12.5 Certishopping shall inform the Company by e-mail of all changes made to the present GTC. It is considered that the said changes are accepted by the Company unless the Company indicates its disagreement in writing. Certishopping will explicitly inform the Company of this right to disagree. In order to effectively indicate its disagreement, the Company shall inform Certishopping in writing within two weeks.

    T&Cs Version 2.0 January 15, 2019