Version dated 19 November 2013
The website www.shopping-satisfaction.com is a site which is hosted and maintained by Actinic, whose parent company is Oxatis Ltd, a company with an executive Board and supervisory Board registered at the Trade and Companies Registry of Marseille under the registration number 438 824 708, with Share Capital of €1,155,318 and whose registered office is at Immeuble Acropolis, 171 bis chemin de la Madrague Ville, 13002, Marseille.
All users of the services provided on this website must read, accept and comply with these Terms and Conditions which supersede any prior agreements or contractual documents which can bind Actinic.
These terms and conditions are permanently available on the site, Actinic reserves the right to change these at any time.
1 - DEFINITIONS
AFNOR NF Z74-501: The NF Z74 -501 standard defines the relevant service level for sites that wish to develop and improve the quality of their customer relationships. For internet users, this contributes to the definition of trust marks, this standard requires transparency on the part of the site, and establishes the requirement for fresh opinions and the verification of levels of site use.
Party : means any physical or legal person, acting alone or representing third parties who is engaged in commercial business activity, which is listed on the Actinic website after having accepted the Terms & Conditions and operates its own e-Commerce website on the Actinic platform.
User Reviews this is a combination of the opinion of a user on the fulfillment of his order from the perspective of the quality of service given, the products received and the effectiveness of delivery with regards to the commitments made about this on the e-Commerce website. The User Reviews must be written in the language used on the site for the relevant purchase and will be published on that e-Commerce Website and on the www.shopping-satisfaction.com website and those of potential partners.
Code of Conduct this is a summary of the rules under which the users’ opinions are published.
Order: A request for goods or services placed by a customer from a supplier. An order can be paid for on the same day, upon shipping, on receipt or at another approved time between the parties.
Terms and Conditions of Use for Shopping Satisfaction – T&Cs - SS: means these terms and conditions of use for the online service called Shopping Satisfaction - which are intended to define the Terms and Conditions under which Actinic provides the Shopping Satisfaction service to subscribers and users.
Conflict of Interest: refers to a situation in which the user is involved in multiple interests, one of which may affect his approach to the others, and in particular, influence the truth of his user reviews.
Order Date means the date on which the user has placed his order on the merchant’s website.
Date of Sending User Review Forms means the date on which the Shopping Satisfaction service sends out the forms to record the user’s review.
Date of Billing of Order means the date on which the e-Commerce merchant sends the invoice for the Order to the User.
Right of Reply: refers to the opportunity given to the licensee of the e-Commerce website to respond to a User’s review about it.
Moderator: refers to an individual in charge of moderating User Reviews.
Moderation: refers to all cleansing operations, filtering, both automated or manual, pertaining to the publication or removal of a User Review which has been published or is to be published.
Shopping Satisfaction service: refers to all services offered by the Shopping Satisfaction website managed by Actinic.
Site: Refers to the Internet site www.shopping-satisfaction.com.
Merchant Website: refers to the e-Commerce website of an Actinic subscriber.
User: refers to an internet user who is not an Actinic subscriber but who is using the Shopping Satisfaction service after having made a purchase from a Merchant Website.
2 - PURPOSE
These Terms and Conditions of Use are intended to define the rules for using the Shopping Satisfaction service managed by Actinic for the benefit of Users and Subscribers.
The Shopping Satisfaction service manages the collection and displaying of User Reviews written by real people over the age of 18 who have made a purchase from the websites of participating Merchants.
Shopping Satisfaction solely provides independently moderated user reviews which are collected using alogorithms and methods that are specifically designed for this purpose. The results of this research are published on different sites.
The purpose of the Shopping Satisfaction service is to provide consumers with all the information necessary to enable them to make a confident choice about which e-Commerce websites they make their purchases on, and on those e-Commerce websites to provide the necessary tools to demonstrate the shopping experience around the products that are being sold.
3 – COLLECTION OF USER REVIEWS
User reviews are requested by email and collated by Shopping Satisfaction by means of an online satisfaction questionnaire.
This questionnaire is sent to the user within 90 days of the date of order or the invoice date of the order, depending on the preferred configuration of the Merchant’s web site. The questionnaire collects an overall impression of the User’s experience of the Merchant’s e-Commerce site from the point of view of quality of service, the products received and the effectiveness of the shipping.
The user has 30 days to complete the User Review questionnaire from the date that it is sent out on.
By completing a User Review on the Shopping Satisfaction website the User certifies that :
- They are a real person and agree to enter into a relationship with Shopping Satisfaction for any purpose that would be helpful for the successful deployment of Shopping Satisfaction;
- They are not in a Conflict of Interests situation;
- Is actually the person who had the experience of buying the product or service about which they are expressing a User opinion;
When writing a User Review it is possible for the User to use an alias of their choice, up to a maximum of 50 characters, on the condition that it is not insulting, racist or in any other way disrespectful to future readers of the review.
4 – MODERATION OF USER REVIEWS
User reviews collected by Shopping Satisfaction are subject to an automated moderation process to specifically ensure that they have been prepared in accordance with the Charter and the current General Terms and Conditions of Use. User Reviews which do not conform with this will be removed from the site.
At the request of the paying subscriber of an Actinic Merchant’s website, refering to a specific User Review, a Moderator can intervene to thoroughly study this User Review, taking into consideration the number of User Reviews already submitted, the previous entries from that author and any other factors which might help to inform this judgement. The Moderator is permitted to access information relating to the identity of the User who accepts that the Moderator may communicate with him by any appropriate means.
In the following cases the Moderation process may lead to the rejection of a User Review (this list is not limited to the situations below):
- content which is rude, abusive or discriminatory;
- unintelligible content consisting of meaningless sequences of characters or symbols, phonentically spelt phrases, content which can be clearly identified as spam,
- content containing personal information such as surname, first name, banking information, phone numbers, physical or email addresses,
- content containing the addresses or names of websites,
- content which is irrelevant to the subject or which includes elements which imply a conflict of interest,
- content which suggests physical threats or legal threats, both civil or criminal.
In the case of a rejection of a Customer Review, the person will be notified by email.
Any User may notify the Shopping Satisfaction service of the existence of a User Review with content that does not respect the Charter and the current General Terms and Conditions of Use. To do this all that is required is for the User to complete the contact form available on www.shopping-satisfaction.com to alert the Moderators who will then decide whether or not to remove the relevant User Review.
5 – POSTING OF USER REVIEWS
The paying Subscriber of the Merchant’s website has a Right to Respond to every User Review that is published. This Right to Respond is particularly useful for thanking the author, to clarify any comments made and to enable the Merchant to give his version of events in cases of dissatisfaction.
6 – CALCULATION OF RATING
In addition to the User Reviews, Shopping Satisfaction collects three independent ratings, scored from 1 to 5 which reflect the quality, the service and the effectiveness of the shipping of the three most expensive products in the order.
These three scores, which all have the same weighting, allow an overall rating for each order to be calculated. The average overall rating obtained from the 100 most recent User Reviews published in the last six month provide an overall score for the Merchant web site on a scale of 1 to 5.
7 – PUBLICATION OF USER REVIEWS
User Reviews published on the Shopping Satisfaction website or on a Merchant’s website, describe the experiences of customers who wanted to give a review after making a purchase on a Merchant’s website. These User Reviews are solely those of the authors and are published entirely under their own responsibility. They are in no way the opinions of the Shopping Satisfaction service.
Usage of the Shopping Satisfaction logo and its rating system on a Merchant’s website allows Users of the site to form their own opinion regarding the quality of products and services offered by the Merchant’s website.
8 – DISPUTE ARBITRATION
The Shopping-Satisfaction service is not an arbitration or dispute resolution service. No provision of this type may be offered.
9 – INTELLECTUAL PROPERTY
The www.shopping-satisfaction.com websites, www.oxatis.com, www.actinic.co.uk and all content contained in blogs, forums, on line help sites, and their local extensions (.FR, .IT, .ES, .CO.UK etc.), managed and edited by Oxatis or Actinic are the exclusive property of Oxatis and Actinic.
The entire set of components which are protected by intellectual property rights and made available to the Subscriber and Users remain the exclusive property of Actinic.
Subscribers and Users recognise and agree that these websites that are edited by Actinic and their content – which includes but is not limited to, text, software, music, sounds, photographs, videos, drawings or other material contained in advertisments and commercial information produced and displayed on these sites are likely to be protected by intellectual property rights (trademarks, copyrights, designs or models or patents). They are not permitted to copy, use, reproduce, distribute the whole or any part of these sites and/or their content or create derivative works from all or any part of these sites and/or their content without having first obtained the express consent of Actinic.
10 – PROTECTION OF PERSONAL DATA
To use the Shopping Satisfaction service, Subscribers and Users are encouraged to provide Actinic with personal information (« Data ») about them.
Data supplied during the use of the Service will be used for the following purposes :
- Access to the service,
- Sending newletters,
- Calculation of statistics,
- The improvement of marketing and promotional materials including content and general offers,
- To generate and receive personalised offers.
The Data will be used by Actinic staff to manage the Shopping Satisfaction service. Some Data may be accessible to internet users and could be transferred in an anonymous format to commerical organisations for marketing purposes.
Under special circumstances Actinic may be required to disclose the Data, when this is required by the relevant Legal Authorities.
The Data will be stored by Actinic strictly for the time period necessary to achieve the purposes specificied above. Beyond this period the Data will be kept solely for statistical purposes and will not be exploited for any commercial purposes.
Actinic is also required to retain the Data to allow for identification of Users by transmitting illegal content contained in the Data to competent authorities upon receipt of the proper legal demand, to the exclusion of all other parties, as provided for by the Law.
Subscribers and Users have the right to access, correct, remove and challenge the Data which is held on them. If they wish to review the Data held on them by Actinic, cancel their subscription to all or part of the Service they may (i) proceed with a review of the data and / or make the necessary changes to the Personal Information pages of the Service, or (ii) make this request by registered post with acknowledgement of receipt to the following address : Actinic – Customer Service Department - Immeuble Acropolis - 171 bis chemin de la Madrague Ville - 13002 Marseille – France.
In the same way Subscribers and Users may equally be required to correct, complete, clarify, update or delete Data about themselves which is inaccurate, incomplete, misleading or outdated.
Furthermore, Subscribers and Users have the right to object to the handling of the Data relating to them or to it being transmitted by sending notice of this by registered post with an acknowledgement of receipt to the address above. As a certain amount of Data is necessary to use the Service, Subscribers and Users who wish to object to the handling of their data will not be able to benefit from the Service.
Subscribers and Users who wish to register on the Actinic website and benefit from the Service may not oppose the placing of Cookies on their computers because these will allow them to personalise and access a range of services and content.
Actinic undertakes to preserve the confidentiality and integrity of personal Data which has been collected.
Any event originating from Force Majeure, as defined by Case Law, will suspend the rights and obligations of the parties.
The parts remain independent of each other. No clause in the General Terms and Conditions of Use creates a partnership agreement, a warranty or representation nor a subordinate relationship between the parties.
Unless otherwise indicated, all claims and / or observations which Subscribers or Users wish to make must be sent to Actinic by registered post with an acknowledgment of receipt to the following address:
Customer Service Department
171 bis chemin de la Madrague Ville
12 – APPLICABLE LAW AND JURISDICTION
Regardless of where the Shopping Satisfaction service is used, these General Terms and Conditions of Use are governed by French Law.
In cases of dispute, and after attempting to find an amicable resolution, jurisdiction is expressly granted to the Courts of Marseille.