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Introduction

 

The use of the Website www.consobaby.co.uk (referred to throughout as the Website) is subject to the following general terms of use (the “General Terms” or “GTU”). By accessing and using this Website, you accept without restriction or reservation to be bound by the General Terms, as may be amended from time to time and without notice.

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.

We therefore ask the user to read carefully and to review these terms of use before each visit to this website and to take any changes and/or amendments into account. Any changes will take effect upon posting to this Website.

 

 

1. DEFINITIONS

 

When used in these General Terms of Use, the following words shall have the meaning set forth below:

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.

Any amendment or change to these General Terms of Use shall be valid and enforceable between the parties by accessing and using this Website. The User is required to review these terms of use and to take any changes and/or amendments into account. Any changes will take effect upon posting to this Website.

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:

  • Clause headings are for convenience only and do not affect the interpretation of the Social Shopping Company GTU/Services;
  • The use of the singular includes the plural and vice versa;
  • The use of any gender includes all genders.

 

2. SERVICES

 

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:

  • Visitors, that can consult the Content proposed by the Site, and
  • Members, that, after having accessed the Site through their identification data (e-mail and password), are entitled to perform different Actions and to have access to services or specific advantages.

Users can have the status of Visitor and Member at the same time.

 

 

3. TERM AND TERMINATION

 

These General Terms of Use shall be valid for an unlimited period.  

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:

  • insults, disparaging, defamation, threats, racism, xenophobia, attacks on the honour, integrity or reputation of third parties;
  • discrimination, racism, defamation, violence or hatred;
  • pornography, eroticism, religion, politics or similar;
  • the pursuit of crimes, terrorist acts, apologies for war crimes or crimes against humanity, or suicide;
  • content not compliant with the Law and the current legislation, and/or contrary to public order or to accepted principles of morality.
  • The Member undertakes to respect third-parties’ rights, and particularly:
  • Personal Rights;
  • Industrial Rights. Every Member undertakes to: not having insulting, disparaging or defamatory attitudes towards brands, company or legal persons; not expressing insincere opinions/views on a product or services; to respect the intellectual property rights (trademarks, brevets, models, brands);
  • Copyright. Every Member undertakes to: not breach copyrights of third parties, both legal or natural persons; not replicate, resell, copy or make available to third parties all or part of the Content on the Services; on request of Social Shopping Company, to provide a proof of his own copyrights relating to all content published by him on the Services;
  • Other Members or Visitors Rights. Every Member undertakes to: provide exact and sincere information; being the only one responsible for the information provided, particularly for their pseudonym/user name and password/access key, that must not be communicated to third parties. Otherwise, the Member will be responsible for any consequence arising from the communication of it to third parties. Every Member undertakes to immediately alert Social Shopping Company in case of fraudulent use of his Member account (e-mail address: contact@consobaby.co.uk); to log out, particularly after using any computers with public access; to provide, when requested by Social Shopping Company, a proof of purchase/real use of a product or service on which he wrote a review.

The Member also undertakes to:

  • create and maintain only one Member account (same name and e-mail address);
  • not use technologies allowing him to automatically generate more than one account;
  • not direct other Members toward competitors' websites;
  • not advertise through his own Actions in favour of brands, competitors' services, producers or commercial companies;
  • not create or use fictitious devices that can disrupt the proper functioning of the Services, particularly with regards to Actions or Content;
  • not write reviews on products or services not previously used by the Member.

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:

  • temporarily or definitively withdraw the status of Member and/or the access to the Services (particularly by deleting the Member account);
  • not publish Content non-compliant with the dispositions of the present clause;
  • seek compensation for damages plus interest;
  • pursue its claims by initiating legal proceedings for the breach of these GTU.

 

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:

  • to have the status of Member registered on the Website
  • having communicated on the Website, on the "Account Information" section, all information allowing the sending of the products to be tested, namely: name, last name, complete address, children's age and/or due date;
  • to have written at least three (3) reviews in the preceding 90 days (since the start of the product testing selection) on one of the products and/or services on the Website. Reviews must be valid and posted on the Website by Social Shopping Company;
  • not having been selected as tester more than twice in the preceding 90 days (since the start of the product testing selection);
  • to have expressly declared the intention to participate in the product testing, particularly by marking the relevant checkbox during the registration to the Website, or subsequently on the Member account page;
  • fulfil the criteria/comply with the criteria laid down in the present clause, particularly with respect to the children’s age range/bracket;
  • to be legally established in the United Kingdom.

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: amy@consobaby.co.uk) 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:

  • by default, pornographic, vulgar, obscene, profane, illegal, offensive, reprehensible images or any other unsuitable content shall be excluded;
  • all uploaded photos must be original;
  • all uploaded photos must directly illustrate all or part of the product or the offer to which it refers to;
  • logos, titles, brands, promotional material or any other content that is not directly connected with the reviewed product will not be published;
  • any photos contaminated or infected by a virus or by any other computer code aimed at or likely to cause damages to the computers and the systems of Social Shopping Company and/or the Consumers, will be destroyed.

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 Services:

  • propose commercial partners' offers via e-mail to the Members that have expressly accepted to receive them by marking the appropriate boxes in their account;
  • suggest links to third partners websites and commercial offers addressed to parents of children or infants;
  • use graphic advertising, particularly ads posted on the Website and ads of highlighted products that are specifically identified by the term “ConsoBaby's Selection".

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

 

      Social Shopping Company reserves the right to make changes to the website, policies, and terms and conditions, including these GTU at any time. Users will be subject to the current terms and conditions, policies and GTU. If any of these General Terms of Use is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

      We therefore ask the user to review these terms of use before each visit to this website and to take any changes and/or amendments into account. Any changes will take effect upon posting to this Website, unless the Members have expressly refused to accept the modified GTU with written communication (e-mail address: contact@consobaby.co.uk).

      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

 

      These General Terms of Use and any dispute or claim arising out of it or in connection with it (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.