Terms and Conditions

1.     OBJECT

These terms and conditions are intended to define the terms and conditions of use of services offered on the site and / or mobile application (hereinafter: the “Services”), as well as to define the rights and obligations of the parties in this frame.

In particular, they are accessible and printable at any time by a direct link at the bottom of the home page of the website and / or mobile application.

They may be supplemented, where appropriate, by conditions of use specific to certain Services. In case of contradiction, the particular conditions take precedence over these general conditions.

2.     OPERATING SERVICES 

The Services are operated by ShopRunBack, SAS with a registered capital of 109 711,29 euros, registered with the RCS of PARIS under number RCS 800 171 860 00029 whose head office is located 59 rue des Petits Champs 75001 Paris, France (hereinafter after: “ShopRunBack”).

ShopRunBack can be contacted at the following coordinates:

Postal address: 59 rue des Petits Champs 75001 Paris, France

Email address: contact(@)shoprunback.com

3.     ACCESS TO THE WEBSITE AND / OR MOBILE APPLICATION AND SERVICES 

The Services are accessible, subject to the restrictions provided on the site and / or mobile application:

• to any natural person with full legal capacity to engage under these terms and conditions. A natural person who does not have full legal capacity may access the Site and / or mobile application and the Services only with the consent of his legal representative;
• to any legal person acting through a natural person having the legal capacity to contract on behalf of and for the account of the legal person.

4.     ACCEPTANCE OF TERMS AND CONDITIONS 

Acceptance of these terms and conditions is indicated by a check box in the registration form. This acceptance can only be full and complete. Any membership subject to reservation is considered null and void. Users who do not agree to be bound by these terms and conditions must not use the Service.

5.     REGISTRATION ON THE SITE AND / OR MOBILE APPLICATION

• The use of the Services requires the User to register on the site and / or mobile application, by completing the form provided for this purpose. The User must provide all the information marked as mandatory. Incomplete registration will not be validated.

The registration automatically entails the opening of an account in the name of the User (hereinafter: the “Account”), giving him access to a personal space (hereinafter: the “Personal Space”) which allows to manage its use of the Services in a form and according to the technical means that ShopRunBack deems most appropriate to make said Services.

The User guarantees that all the information he gives in the registration form is accurate, up to date and sincere and is not vitiated by any misleading nature.

He undertakes to update this information in his Personal Space in case of changes, so that they always meet the above criteria.

The User is informed and agrees that the information entered for the purpose of creating or updating his Account is proof of his identity. The information entered by the User commits him as soon as it is validated.

• The User can access his Personal Space at any time after identifying himself with his login and password.L’Utilisateur s’engage à utiliser personnellement les Services et à ne permettre à aucun tiers de les utiliser à sa place ou pour son compte, sauf à en supporter l’entière responsabilité.

The User agrees to personally use the Services and not to allow any third party to use them in his place or on his behalf, except to bear full responsibility.

He is also responsible for maintaining the confidentiality of his username and password. He must immediately contact ShopRunBack at the coordinates mentioned in article 2 hereof if he notices that his Account has been used without his knowledge. It acknowledges ShopRunBack’s right to take appropriate action in such cases.

6.     DESCRIPTION OF SERVICES

The User has access to the Services described on the site and / or mobile application, in a form and according to the functionalities and technical means that ShopRunBack deems most appropriate.

7.     PAID SERVICES

Price

The price of the Services is indicated on the website and / or mobile application.

Unless otherwise stated, they are expressed in euros and all French taxes included.

ShopRunBack reserves the right, at its discretion and in accordance with terms and conditions of which it will be the sole judge, to offer promotional offers or price reductions.

Price-revision

The price of Services may be subject to revision by ShopRunBack at any time at its discretion.

The User will be informed of these changes by ShopRunBack by email with at least one month’s notice before the entry into force of the new rates.

The User who does not accept the new prices must terminate his use of the Services in accordance with the terms set out in article 18. Otherwise, he will be deemed to have accepted the new rates.

Billing

The Services are the subject of invoices which are communicated to the User by any useful means.

Payment terms

The terms of payment of the price of the Services are described on the website and / or mobile application.

Payment is made by direct debit from the credit card number of the User.

The withdrawal is implemented by the payment provider designated on the site and / or mobile application, which alone retains the bank details of the User for this purpose. ShopRunBack does not maintain any bank details.

The User guarantees ShopRunBack that he has the necessary authorizations to use the chosen method of payment. He undertakes to take the necessary measures so that the automatic deduction of the price of the Services can be made.

Delays and payment incidents

The User is informed and expressly agrees that any late payment of all or part of an amount due on its due date will automatically result, without prejudice to the provisions of Article 12 and without prior notice:

• the forfeiture of the term of all sums due by the User and their immediate payment;
• the immediate suspension of the Services in progress until the full payment of all the sums due by the User;
• billing in favor of ShopRunBack a late interest rate of 4.54%, the rate of legal interest, sitting on the amount of all the sums due by the Us

8.     DATA

The User acknowledges and expressly agrees:

• that the data collected on the site and / or mobile application and on the computer equipment of ShopRunBack is evidence of the reality of the operations carried out in the context of the present;
• that these data constitute the only mode of proof admitted between the parts, in particular for the calculation of the sums due to ShopRunBack.

The User can access these data in his Personal Space.

9.     OBLIGATIONS OF THE USER

Without prejudice to the other obligations provided for herein, the User undertakes to respect the following obligations:

• The User agrees, in his use of the Services, to respect the laws and regulations in force and not to infringe the rights of third parties or public order.

In particular, he is solely responsible for the proper performance of all formalities including administrative, tax and / or social and all payments of contributions, taxes or levies of any kind incumbent on him, if any, in relation to his use of the Services. The responsibility of ShopRunBack will in no case be engaged in this respect.

• The User acknowledges having read the site and / or mobile application of the characteristics and constraints, including technical, of all Services. He is solely responsible for his use of the Services.

• The User is informed and accepts that the implementation of the Services requires that he be connected to the Internet and that the quality of the Services depends directly on this connection, for which he is solely responsible.

• The User is also solely responsible for the relations he may establish with the other Users and the information he communicates to them in connection with the Services. It is up to him to exercise proper prudence and discernment in these relations and communications. The User agrees in addition, in his exchanges with other Users, to respect the usual rules of politeness and courtesy.

• The User agrees to make a strictly personal use of the Services. He is therefore prohibited from assigning, granting or transferring all or part of his rights or obligations hereunder to any third party in any way whatsoever.

• The User agrees to provide ShopRunBack with all information necessary for the proper performance of the Services. More generally, the User agrees to actively cooperate with ShopRunBack for the proper execution of these.

• The User is solely responsible for content of any kind (editorial, graphic, audiovisual or other, including the name and / or image possibly chosen by the User to identify it on the site and / or mobile application) that it disseminates within the framework of the Services (hereinafter referred to as the “Contents”).

It guarantees ShopRunBack that it has all the rights and authorizations necessary for the distribution of these Contents.

It undertakes that said Contents are lawful, do not infringe public order, morality or the rights of third parties, do not violate any legislative or regulatory provisions and more generally, are in no way likely to play the civil or criminal liability of ShopRunBack.

The User is forbidden to broadcast, in particular and without this list being exhaustive:

• pornographic, obscene, indecent, offensive or inappropriate material for a family audience, defamatory, abusive, violent, racist, xenophobic or revisionist,
• Counterfeit Content,
• Attempted content in the image of a third party,
• False, misleading or proposing or promoting illegal, fraudulent or deceptive content,
• Content harmful to third-party computer systems (such as viruses, worms, Trojan horses, etc.),
• and more generally Content that may infringe the rights of third parties or be prejudicial to third parties, in any manner and in any form whatsoever.
• The User acknowledges that the Services offer him an additional but not alternative solution to the means he already uses elsewhere to achieve the same objective and that this solution can not be a substitute for these other means.
• The User must take the necessary measures to safeguard by his own means the information of his Personal Space that he deems necessary, of which no copy will be provided.
• The User is informed and accepts that the implementation of the Services requires that he be connected to the Internet and that the quality of the Services depends directly on this connection, for which he is solely responsible.

10.  USER’S WARRANTY

The User warrants ShopRunBack against any complaints, claims, actions and / or claims that ShopRunBack may suffer as a result of the User’s breach of any of its obligations or warranties under these terms and conditions.

He agrees to indemnify ShopRunBack for any loss he may suffer and to pay him any costs, charges and / or convictions that he may incur as a result.

11.  PROHIBITED BEHAVIORS

• It is strictly forbidden to use the Services for the following purposes:
• engaging in illegal, fraudulent or infringing activities or the rights of third parties,
• the breach of public order or the violation of laws and regulations in force,
• the intrusion into a third party’s computer system or any activity likely to harm, control, interfere with, or intercept all or part of a third party’s computer system, violating its integrity or security,
• the sending of unsolicited emails and / or prospecting or commercial solicitation,
• manipulations intended to improve the referencing of a third-party site and / or mobile application,
• the assistance or inducement, in any form or manner, to one or more of the acts and activities described above,
• and more generally any practice diverting the Services for purposes other than those for which they were designed.
• Users are strictly prohibited from copying and / or misappropriating the concept, technologies or any other element of the ShopRunBack site and / or mobile application for their own or third parties’ purposes.
• The following are also strictly prohibited: (i) any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusions or attempted intrusions into the ShopRunBack systems, (iii) any diversions of the system’s resources. site and / or mobile application, (iv) any actions likely to impose a disproportionate burden on the infrastructure of the latter, (v) any infringement of the security and authentication measures, (vi) any acts likely to undermine the financial, commercial or moral rights and interests of ShopRunBack or users of its site and / or mobile application, and more generally (vii) any breach of these terms and condition
• It is strictly forbidden to monetize, sell or concede all or part of the access to the Services or the site and / or mobile application, as well as the information that is hosted and / or shared.

12.  SANCTIONS OF BREACHES

In case of breach of any of the provisions of these terms and conditions or more generally, violation of the laws and regulations in force by a User, ShopRunBack reserves the right to take any appropriate measure including:

• Suspend or terminate access to, or participation in, the Services of the User, the author of the breach or offense,
• Remove any content posted on the site and / or mobile application,
• Publish on the site and / or mobile application any information message that ShopRunBack deems useful,
• Notify any relevant authority,
• Initiate any legal action.

13.  RESPONSIBILITY AND WARRANTY OF SHOPRUNBACK

• ShopRunBack undertakes to provide the Services diligently and according to the rules of art, it being specified that it weighs on it an obligation of means, to the exclusion of any obligation of result, which the Users recognize and expressly accept. .
• ShopRunBack is not aware of the Content posted by the Users as part of the Services, on which it does not make any moderation, selection, verification or control of any kind and for which it intervenes only as a hosting provider.

Accordingly, ShopRunBack can not be held responsible for the Content, whose authors are third parties, any possible claim to be directed in the first place to the author of the Content in question.

Content harmful to a third party may be the subject of a notification to ShopRunBack in the manner provided for in Article 6 I 5 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, ShopRunBack reserving the right to take the measures described in Article 12.

• ShopRunBack declines any responsibility in the event of loss of the information accessible in the User’s Personal Space, which must save a copy and can not claim any compensation in this respect.
• ShopRunBack undertakes to conduct regular checks to verify the operation and accessibility of the site and / or mobile application. As such, ShopRunBack reserves the right to temporarily suspend access to the site and / or mobile application for maintenance reasons. Similarly, ShopRunBack can not be held responsible for temporary difficulties or impossibilities of access to the site and / or mobile application that originate from external circumstances, force majeure, or that would be due to disruption of networks. telecommunication.
• ShopRunBack does not warrant to Users (i) that the Services, subject to constant research to improve performance and progress, will be completely free from errors, defects or defects, (ii) that the Services, being standard and not proposed for the sole purpose of a given User according to his own personal constraints, will specifically meet his needs and expectations.
• In any event, the liability liable to be incurred by ShopRunBack under the terms hereof is expressly limited to proven direct damage suffered by the User.

14.  INTELLECTUAL PROPERTY