General Conditions of Use of the Application

General Conditions of Use updated to April 10, 2018.

Welcome to the UpMyShop solution! ("solution"). Thank you for choosing the UpMyShop solution! edited by CUSTOMER LABS SAS ("Company").

  1. INTRODUCTION
    1. Publisher of the solution and the website www.upmyshop.com (the "Site"):
      • Registered name: Customer Labs SAS
      • Share capital: 50,762 euros
      • Address: 7 bis rue Roumanille 13090 Aix en Provence
      • Registered at the RCS of Aix en Provence under the number 810 308 288
      • Phone number: 0630482681
      • VAT number: FR-19810308288
      • Director of the publication: Valérie Segretain
    2. The solution and the Site are hosted by the company VIXNS whose registered office is located at 25 Rue du Château Landon, 75010 Paris and whose telephone number is +33 977 550 569.
    3. These Terms of Use (hereinafter "Terms") are intended to define all conditions of use of the solution UpMyShop! (hereinafter the "solution") and associated services (hereinafter the "Services") by the end users of the solution (hereinafter the "Users"), having the status of consumers under the provisions of the consumption.
    4. In accordance with the legal provisions, the consumer is defined as any natural person who acts for purposes that are not part of his professional activity.
    5. The User is also informed that the solution and the associated Services are also made available to business partners ("the Partner") for the following purposes: to contact and interact with the Users via the solution for commercial purposes.
    6. The TOS are systematically accessible by the User on the UpMyShop! Website as well as when downloading the Application by the User. The User must accept the TOS by means of a checkbox when registering on the Application.
    7. The applicable GCU are those in effect on the Site, the User will be notified of any modification of the Terms by any means. If the User does not accept the changes, he is invited to stop using the Application or the Site.
    8. The fact that the Company does not avail itself at a given moment of any provision of these Terms, cannot be interpreted as a waiver of any future provision of these Terms.
  2. TECHNICAL MEANS
    1. Before using the solution, the User must ensure that he has the technical and computer resources to benefit from the solution and content available on the solution and that the operating system of his computer device allows access secured to the solution.
    2. The User must also ensure that the computer configuration of the device is in good working order and contains no viruses.
  3. DOWNLOAD APP AND PRICE
    1. The download of the Application is free.
    2. The download is done through third-party download platforms.
    3. To access and use certain features of the Application, the User must follow an account creation procedure.
    4. The downloading of the Application entails the acceptance of these Terms and any conditions relating to the downloading and use of the Application by Users.
    5. Any fraudulent download or deemed as such by the Company, will be considered null and void.
  4. OBLIGATIONS OF THE USER
    1. The User agrees to respect the terms of these Terms.
    2. The User agrees to use the Application strictly in accordance with the instructions of the Company.
    3. The User agrees that he uses the Application solely for his personal use, in accordance with these Terms, and that he behaves as a good father. In this respect, the User agrees to abstain:
      • to use the Application in any way illegal for any unlawful purpose and in any way for any purpose incompatible with these Terms;
      • sell, copy, reproduce, rent, loan, distribute, transfer or sublicense all or part of the content contained on the Application or decompile, modify, display in readable form by the User, attempt to discover any code source of the Application;
      • attempt to gain unauthorized access to the Application's computer system or engage in any disruptive activity, diminishing the quality or interfering with performance or degrading the functionality of the App;
      • use the App for abusive purposes by intentionally introducing viruses or other malicious programs and attempting to gain unauthorized access to the App;
      • use any robot software or other automated system for the purpose of viewing, recording and modifying data on the Application;
      • to undermine the image, privacy and personal data of other Users or third parties;
      • to denigrate the Company and / or the Application on social networks and any other means of communication, current or future.
      • This list is not exhaustive
    4. If for any reason whatsoever the Company considers that a User does not respect these Terms, the Company may, at any time and discretion, remove its access to the Application and take any measures including any legal action to against him.
  5. RESPONSIBILITIES
    1. The Company is not liable for indirect or consequential damages that the User may suffer in the context of the execution of these Terms and can’t be held responsible in case of misconduct related to an event of force majeure as defined. in Article 11.1 by a third party or by the User.
    2. The Company can’t, under any circumstances, be held responsible for any misuse of the Application by Users.
    3. The responsibility of the Company may also be engaged in the relations between the User and the download platforms of the Application provided by third parties. In case of difficulties of use of the Application due to download platforms, the User must contact directly the holders of these platforms.
    4. Users are ultimately solely responsible for the relationship with their electronic communications operators and the Partner using the Application and the Services.
    5. Regarding the notices posted by the Users in connection with the use of the Application, in accordance with paragraph 5 Article 93-3 of the Law No. 82-652 of 29 July 1982 on Audiovisual Communication as amended , the Company can’t be held responsible for the content of these opinions which remain the sole responsibility of their author.
    6. This article provides that: "  When the offense results from the content of a message sent by a user to an online public communication service and made available by this service to the public in a space of personal contributions identified as such, the director or co-editor can’t be held criminally liable as the lead author if it is established that he did not actually know the message before it was posted online or if, from the moment he became aware of it, he acted promptly to remove this message. "
    7. Therefore, it is expressly stipulated that the Company carries out a retrospective review of the notices filed by the Users on its Application. Whenever a User informs the Company of any content that is manifestly unlawful, abusive, defamatory, offensive, or for personal convenience and, more generally, any content repressed by the Law and the applicable Regulations, the Company will act promptly with the Partner or other Internet user so that to remove this content from the App. Any undue and / or slanderous denunciation exposes the perpetrator to civil and criminal penalties.
    8. Users have become fully aware of the provisions of this article and in particular the above-mentioned guarantees and limitations of liability, essential conditions without which the Company would never have contracted.
  6. PROTECTION OF PERSONAL DATA
    1. The provisions concerning the protection of personal data as provided by the Data Protection Act of 6 January 1978 as amended and the European Regulation on the Protection of Personal Data ("RGPD") are located in an annex entitled " Privacy Policy "accessible at the following link: Privacy Policy
  7. INTELLECTUAL PROPERTY
    1. All elements of the Application and the Site, is protected by copyright, trademark law, and / or any other intellectual property rights. These elements are the exclusive property of the Company. All of these rights are reserved for the whole world.
    2. The name and brand "UpMyShop!", Logos, designs, stylized letters, figurative marks, and all signs represented on the Application and the Site are and shall remain the exclusive property of CUSTOMER LABS.
    3. No title or right whatsoever over any element of the Application and / or the Site will be obtained by downloading or copying elements of the Application and / or the Site. It is strictly forbidden for the User to reproduce, publish, edit, transmit, distribute, show, remove, delete, add to the Application and / or the Site and the elements it contains, any more than modify or perform them any work by taking them as a basis, nor selling or participating in any sale in connection with the Application and / or the Site, the elements of the Application and / or the Site or any related software.
    4. The Company grants the User a non-exclusive license to use the Application. This license is strictly personal and can’t be transferred or transferred to any third party.
  8. RIGHT TO RETRACT
    1. In accordance with Articles L. 121-21-5 and L. 121-21-8 of the Consumer Code, by accepting these Terms, the Customer acknowledges that he wishes to download the Application free of charge within the withdrawal period provided by the Act and expressly waives its right of withdrawal.
    2. The User may at any time delete his account and stop using the Application.
  9. APPLICABLE LAW AND COMPETENT JURISDICTION
    1. These Terms are governed and interpreted in accordance with French law, without regard to conflict of laws principles.
      In the event of litigation likely to arise during the interpretation and / or the execution of the present ones or in relation with these Terms, the User can decide to submit the dispute with the Company to a procedure of conventional mediation or any other alternative method of dispute settlement. The User may in particular contact the  Mediator of the Federation of Commerce and Distribution (FCD)
    2. The User is informed that:
      1. In order for the dispute to be examined by the mediator, the User must justify that he has made a written claim made to the Company or its customer service department and will have to keep written proof of the steps taken;
      2. The request must be justified and legitimate.
      3. The User may seize the mediator within a maximum of one year following his written complaint to the Company.
      4. Finally, in case of failure of this mediation procedure or if the User wishes to seize a jurisdiction, the rules of the Code of Civil Procedure will apply.
  10. LANGUAGE
    1. These Terms are written in French. An English translation may be provided for information purposes. In case of contradiction, only the French version will prevail between the parties.
  11. GENERAL PROVISIONS
    1. Force majeure
      The parties agree to recognize as a case of force majeure any event meeting the criteria defined by the jurisprudence of the Court of Cassation in application of Article 1218 of the Civil Code since these events would prevent the execution of the T & C by the party who invokes it.
    2. Autonomy of clauses
      If any provision of these TOS or its application to any person or circumstance is deemed invalid, void, or unenforceable, for whatever reason, that provision shall be deemed severable and shall not affect the validity and enforceability of the others provisions of these Terms.
    3. Notification
      Any notification must be made in writing by email with acknowledgment of receipt to the following email address  contact@upmyshop.com , or sent by registered letter with acknowledgment of receipt to the address indicated in these Terms.
  12. CONTACT
    1. To contact the customer service of the Company, the User can:
      • Send an email to the following address:  Customer-labs, 7 bis rue Roumanille 13090 Aix en Provence
      • Send an email to the following address:  contact@upmyshop.com
      • Call  Monday to Friday from 10h to 16hat the following number: +33( 0)630482681