Terms of Service (Summary)

These summarized Terms of Service ("TS") are published by Shoply, a French Joint Stock Company; registered in Boulogne-Billancourt, France under no. 884 420 720; registered address: 8 rue de l’est 92100 Boulogne-Billancourt, France.

1. Scope of service of these summarized Terms of Service

These TS lay down all the terms and conditions under which Shoply enables the users (the “Users”) to use the Service.

The Users hereby declare that they have read and accepted these TS prior to any use of the service. Should a User disagree with one or more of the provisions of these TS, they should refrain from using the service.

2. Access to the service

Prior to using the service, Users should ensure that they have the appropriate technical and IT means required to enable them to use the service, by ascertaining in particular that their mobile terminal is properly configured and does not contain any viruses.

Shoply takes all the measures required to grant the Users access to the service under optimal conditions, around the clock, 7 days a week. Shoply hereby disclaims liability in case of unavailability of the service due to a breakdown of the Internet, bugs or operating errors making it impossible for them to access the service.

Access to the service may also be interrupted temporarily for maintenance operations.

3. User Accounts

In order to be able to use the service, Users must first create a user account on the service.

The Users are responsible for maintaining the confidentiality and the security of the identifiers they use to connect to the service.

The Users must immediately inform Shoply about any unauthorized use of their identifiers. Shoply shall not be liable for any loss or damage arising from a demonstrated fault or negligence on the part of the Users in protecting their identifiers.

4. The Users Obligations

The Users undertake to comply with all of the provisions of these TS.

The Users hereby agree to use the service solely for personal purposes, in keeping with these TS. The Users shall accordingly refrain:

  • From using the service in an illicit way, for any unlawful purpose or in any way that is incompatible with these TS;
  • From opening more than one User account or from opening an account that usurps the identity of a third party;
  • From publishing in the service any content that infringes the rights of third parties, such as their intellectual property rights;
  • From selling, copying, reproducing, renting out, lending, distributing, transferring or granting a sublicense over all or part of the content featuring on the service or from decompiling, extracting, disassembling, modifying, displaying in a form that is legible to other Users, attempting to reconstitute any source code or using any software service that might activate or comprise all or part of the service;
  • From attempting to gain unauthorized access to the computer system of the service or from engaging in any activity that disrupts, reduces the quality, interferes with the performances or degrades the functionalities of the service,
  • From using the service for wrongful purposes by deliberately introducing viruses or any other malicious program into it and from trying to access the service in an unauthorized manner.
  • From infringing the intellectual property rights of Shoply.

5. Personal data

The Users are hereby informed that Shoply processes their personal data via the service. Shoply’s processing of personal data is more extensively described in our Privacy Policy.

6. Liability

Shoply does everything in its power to guarantee uninterrupted access to the service but hereby disclaims liability in case of unavailability of the service due to any failure of the communication networks or for any other reason beyond its control.

By providing access to the service, Shoply merely acts in the capacity of a technical service provider and hereby disclaims liability for any loss or damage not directly caused by Shoply.

Finally, Shoply disclaims liability for any failure on its part to perform its contractual obligations due to force majeure.

7. Intellectual property

The service and all of its elements and content are protected by copyright, trademark law, the laws governing drawings and models and/or all other intellectual property rights. All of these rights are reserved for the world as a whole.

No title nor any right over any element or software shall be gained by downloading or copying elements of the service. It is forbidden for the Users to reproduce (save for their personal, non-commercial use), to publish, disseminate, transmit, distribute, show, remove or eliminate this service and the elements and software services that it contains, or to modify it or create any work using these protected elements as a basis.

The name and the trademark of Shoply, the logos, the drawings and models, stylized letters, figurative trademarks, and all the signs depicted in the service are and shall remain the exclusive property of Shoply. Any use of the above mentioned elements, company names, trademarks and distinctive signs belonging to Shoply by the Users shall be strictly prohibited save with Shoply’s prior, express consent.

8. Mediation / Disputes

Should any dispute arise in connection with the interpretation and/or the performance of these TS or in connection with these TS, the Users may opt to submit the dispute with Shoply to contractual mediation or to any other alternative mode of settlement of disputes.

To that end, it is recommended that the Users visit the European online consumer dispute resolution platform implemented by the European Commission, which lists all of the dispute settlement bodies that are approved in Europe, at the following address: https://webgate.ec.europa.eu/odr/.

In case of failure of this mediation process or should the Users wish to bring proceedings before a court, any dispute shall be settled by the courts that have jurisdiction.