Terms and conditions of sale

Last update date: 17/03/2025

Article 1. Preamble

The present General Terms and Conditions of Sale (hereinafter the “GTCS”) are published by Guaranteed Reviews Company (hereinafter the “Service Provider”), a simplified joint stock company with a single shareholder and capital of €10,000, registered in the Paris Trade and Companies Register under number 832 987 630, with its registered office at 10 Rue du Colisée, 75008 Paris (France).

The Service Provider is the supplier of a platform for the management of consumer reviews, whose trade name is “Guaranteed Reviews Company” and which is accessible at https://www.guaranteed-reviews.com (hereinafter referred to as the “Platform”).

These General Terms and Conditions of Sale define the rights and obligations of the parties in the context of the Merchant’s subscription to the aforementioned Platform. The technical operation of this Platform guarantees in particular to the professionals who use itand to the Internet users who consult it that the reviews published on it have been written by consumers who have carried out a commercial transaction with the professional concerned.

As part of its duty of good faith, the Service Provider informs the Merchant that, in addition to the online review services offered by the Platform, the Service Provider shares human resources with the company N2D (RCS Lyon 815 388 632), which provides consulting services in public relations, communication and web referencing. The Service Provider nevertheless undertakes not to use or exploit the Merchant’s data and commercial information to which it may have access in the course of providing the Platform for N2D’s own activities. Access to the Merchant’s data is specified in article 8.3 of these General Terms and Conditions of Sale. As the Merchant is fully aware of the Provider’s status, by accepting these General Terms and Conditions of Sale, the Merchant expressly waives the right to rely in any way on a lack of pre-contractual information.

Article 2. Acceptance of the General Terms and Conditions of Sale

Any subscription to the Platform for managing consumer reviews provided by the Guaranteed Reviews Company is subject to the present General Terms and Conditions of Sale and implies unreserved acceptance thereof. A copy of the present General Terms and Conditions of Sale as accepted by the Merchant will be sent to the Merchant by e-mail at the time of contract subscription, so that the Merchant may refer to them.

The Merchant is therefore deemed to have taken cognizance of the technical prerequisites appearing on the Platform as well as the present General Terms and Conditions of Sale and to have accepted them without restriction. No derogation from the present provisions will be admitted unless it hasbeeń expressly accepted by both Parties. The Guaranteed Reviews Company reserves the right to adapt or modify the present General Terms and Conditions of Sale at any time . In the event of modification, the last GTC applicable to the Merchant will be those in force on the day of subscription to the services provided by the Guaranteed Opinions Company or, if applicable, on the day of its renewal. The date of the last update is indicated at the top of this page.

Article 3. Scope of application

These General Terms and Conditions apply exclusively to the current and future contractual relationship between the Service Provider and the Merchant who has subscribed to the services provided by the Guaranteed Reviews Company.

Article 4. Definitions

Each term beginning with a capital letter has the meaning indicated in its definition, whether in the singular or plural. Thus, the term: – “Buyer” refers to consumers who have carried out a commercial transaction with the Merchant on its e-commerce site or from a physical store; – “Notice” refers to a notice submitted by a Buyer concerning his or her purchasing experience with the Merchant or concerning a product or service purchased from this Merchant; – “Notice” refers to a notice submitted by a Buyer concerning his or her purchasing experience with the Merchant or concerning a product or service purchased from this Merchant.

– Content” refers in particular to the content of Notices and, more generally, to all content (signals, writings, images, sounds, messages) that may be hosted on the Platform by any means whatsoever – “GCU” refers to the Platform’s General Terms and Conditions of Use, which can be consulted online on the Website.

– Merchant” refers to the professional who wishes to benefit from the Service and who accepts the Contract– “Data” generally refers to all information and data contained in the Merchant’s e-commerce database, to which the Service Provider may have access under the conditions set out in article 8. 3.3 – “Service” refers to the provision of the Platform to the Merchant by the Service Provider, as defined in article 9 of the Contract – “Website” refers to the Platform website accessible at the following address https://www.guaranteed-reviews.com.

Article 5. Subject

The Contract defines the conditions under which the Service Provider provides the Merchant, for a fee, with access to the Platform enabling the Merchant to collect, moderate and disseminate the opinions of its Buyers.

Article 6. Entry into force and duration of the Contract

The Contract comes into force on the day on which the Merchant subscribes to the Platform for managing consumer reviews provided by the Service Provider, or on the start of the trial period, as the case may be. The Contract is concluded for an initial term of one (1) month or one (1) year, depending on the formula chosen, and is successively renewed by tacit agreement for an identical term, except in the event of termination as provided for in Article 11.

Article 7. Financial terms and conditions

7.1. Payment of the priceIn return for the Service, and at the start of each period chosen by the Merchant when subscribing (annual or monthly), the Merchant undertakes to pay by credit card or direct debit the price agreed in the pricing conditions displayed on the Website. Prices are expressed in euros and do not include VAT. The Service Provider reserves the right to modify the price of the Service. In this case, the Service Provider will inform the Merchant in advance, at least one month in advance, and the Merchant may then freely decide to accept or refuse the new pricing conditions, which would result in termination of the Contract.

Any period (month or year, depending on the subscription chosen) commenced remains payable in full, notwithstanding the cases of termination set out in article 11. Any other service that the Service Provider may offer the Merchant in addition to the Service, either on its own initiative or at the Merchant’s request, will be subject to a quote and special pricing. Unless explicitly stated otherwise, discounts or promotions offered on other sites or any other channel cannot be applied to a current subscription or to an account that has already subscribed to the Platform. 7.2. Late paymentAny late payment will result in the immediate payment of all sums owed to the Service Provider by the merchant, without prejudice to any other action that the Service Provider may be entitled to take against the purchaser in this respect. In application of article L441-6 of the French Commercial Code, any late payment will result in theapplication of a penalty equal to the ECB’s key rate plus 10 points. The legal fixed indemnity for collection costs due to the creditor in the event of late payment is set at 40 euros.

Article 8. Operation of the Platform

8.1. Legal framework for the operation of the Platform

The online publication of consumer reviews is governed by French law, and in particular by the French Consumer Code, the main provisions of which are set out in Appendix 1. In view of the foregoing, the Service Provider may be required to modify the operating mode of the Platform in order to enable Merchants to comply with their legal obligations with regard to the moderation and publication of Reviews. Consequently, the Merchant acknowledges and accepts that the Service Provider may freely modify the operating mode of the Platform as well as these GTC in order to comply with any new legal obligations, without the Merchant being able to object. The Merchant acknowledges and accepts that the Platform is only a technical means offering him the possibility of complying with these legal requirements. In any event, the Merchant is and remains solely responsible for the use he may decide to make of the Platform.

8.2. Functional specifications of the Platform

The main operating procedures of the Platform are described in the Platform’s GTC, in order to provide users with fair, clear and transparent information on its mode of operation.The Merchant acknowledges having read these functional specifications and accepts them unreservedly. The GCU may be consulted at any time on the Website at the following address: https: //www.guaranteed-reviews.com/gcu/. The GCU may also be modified by the Service Provider in order to comply with any new legal obligations, without the Merchant being able to object to their application in their most recent version.

8.3. Access to Data

The Merchant authorizes the Service Provider to access, extract, hold and reproduce its Data on the Platform, for the sole purpose of providing the services covered by the GTC . The Data that the Service Provider may access, extract, hold and reproduce includes the following: Information concerning the customer who has placed an order (e-mail address, surname, first name). This data is required in order to:

• invite the customer, by means of a nominative email, to submit an online review following his/her order;
• identify the customer as having actually placed an order with the Merchant;
• retain the identity of the author of a Review posted on the Platform;
• display his or her name on the Platform.

Information concerning orders (name of products ordered, EAN codes of products ordered). This data is required in order to:

• check that the customer is indeed posting a review on a product he or she has actually purchased;
• display the product name on the Platform;
• as well as any other type of data that may be necessary to provide functionalities and services related to the Platform.

The Service Provider undertakes to access, extract, hold and reproduce only such Data as is necessary for the proper operation of the Platform and the provision of the services offered. On an occasional basis, and for services on quotation (configuration, maintenance, etc.), the Service Provider may have access to a larger number of Data. Such access will always be with the prior authorization of the Merchant (configuration, maintenance, etc.) and solely for technical purposes, and the Service Provider undertakes not to retain any copies of the Data once these services have been completed. The Service Provider undertakes not to divulge any Data not published on the Platform to any third party, other than its own employees or agents who need to know such Data in order to provide the services covered by these GTS. The associated reviews and data may, however, be shared with a third party in the interest of the Merchant (e.g. publication of reviews on Google).

8.4. Agreement of proof

The Parties acknowledge the evidential value of computerized data exchanged between them on the Platform. The Merchant expressly acknowledges the contractual value and validity of any acceptance made from the Platform, once logged in using his login and password. The Merchant also acknowledges that the connection logs of the Platform and the access logs to the Data are authentic between the Parties. The computerized registers, kept in the computer systems of the Service Provider under reasonable security conditions, are considered as proof of the communications between the Parties.

Article 9. Obligations of the Parties

9.1. The Merchant’s obligations

The Merchant undertakes to pay the agreed price for the Service when the order is placed and each time the Contract is renewed, in accordance with the conditions set out in article 7 of these GCS. The Merchant acknowledges that he/she is fully responsible for his/her use of the Platform and, as such, undertakes to use the Platform in a legal, responsible, ethical and fair manner, in particular when exercising editorial control over the Notices.

In particular, the Merchant undertakes not to: – use any process whatsoever that enables him to post Notices on the Platform himself;– abuse his editorial control in order to exclude certain Notices from publication on the sole grounds that their content or rating may lower his rating;– generally contravene his legal obligations and, more specifically, those set out in Appendix 1; In addition, the Merchant ensures, prior to their publication, that the Notices and Content over which he has editorial control are not, in particular:

– contrary to law, public order or morality;
– constitutive of crimes or offenses;
– inciting hatred (racial, religious, political), violent, discriminatory or negationist;
– injurious or defamatory;
– invasive of the privacy of third parties;
– prejudicial to the reputation of other competitors.

In the event of the Merchant importing, or requesting the Provider to import, notices collected by another means, the Merchant undertakes to ensure that such notices are legitimate and to be the owner thereof.

Any significant and/or repeated abuse on the part of the Merchant or any breach of its obligations which may result in damage to the image and reputation of the Service Provider may result in the termination of the Contract, under the conditions set out in article 11.3. As part of the proper operation of the platform, the Merchant acknowledges and accepts that the Service Provider may unilaterally validate one or more reviews if the Service Provider considers that the reason(s) for moderation is/are inappropriate.

9.2 Obligations of the Service Provider

The Service Provider undertakes to provide the Merchant with the Service for the duration of the Contract, consisting of: – generating codes enabling Buyers to write a Review on the Platform; – storing the Reviews received;– providing access reserved for the Merchant for the management of the Reviews received (control, moderation, publication of the Reviews);– providing Widgets / display APIs to be configured by the Service Provider.

The Service Provider’s action is limited to the services described above, i.e. services in which the Service Provider plays a purely technical, automatic and passive role, to the exclusion of any prior editorial or human intervention or control over the Content.

In its capacity as a host within the meaning of French law no. 2004-575 of June 21, 2004 on confidence in the digital economy, the Service Provider may be obliged to remove and/or prevent access to Content that has been reported to it as being of an illicit nature. The Service Provider will use its best efforts to ensure the availability of the Platform. However, the Merchant is informed that the Platform is not subject to any permanent obligation of availability, accessibility or performance, particularly in view of the unstable nature of computer networks and the risks of attacks and/or computer viruses. Consequently, the Service Provider cannot be held responsible for the possible impact of this unavailability on the Merchant’s activities. The Service Provider reserves the right to suspend the performance of the Service at any time in the event of non-payment by the Merchant, without prejudice to the cases of termination provided for in Article 11.

Article 10. Limitation of liability

The Service Provider shall not be held liable for any indirect damages such as commercial prejudice, loss of customers, commercial disturbances of any kind, loss of profits, loss of brand image suffered by the Merchant which may result from the use made of the Platform. If the Merchant suffers any prejudice arising directly from the performance of the Contract, the amount of damages which the Service Provider may be ordered to pay shall be expressly capped at the amount of the sums paid by the Merchant, over a maximum period of one year. The Merchant acknowledges that he/she is fully responsible for his/her use of the Platform. Consequently, the Merchant shall be liable for all damages and interest to which the Service Provider may be condemned as a result of the Merchant’s use of the Platform to the detriment of third parties, as soon as the condemnation pronouncing such damages and interest becomes final, as well as compensation and expenses of all kinds incurred by the Service Provider in order to ensure its defense, including consulting fees.

Article 11. Termination

11.1. Termination by the Merchant

The Merchant may terminate the Agreement by notifying the Service Provider by e-mail to [email protected]. Such termination must be made at least 72 hours before the renewal of the subscription or the end of the trial period, as the case may be. If the cancellation is made less than 72 hours before the renewal date, the cancellation will only take effect at the end of the following term and the price of the Service will be due.

11.2. Termination in the event of non-payment

In the event of non-payment by the Merchant, the Service Provider shall be entitled to suspend the Service and prohibit the Merchant from accessing the administration interface of the Platform until the Merchant rectifies the situation. After a period of one (1) month, the Service Provider shall also be entitled to take the Notices published offline.

11.3. Termination for default

The Service Provider may unilaterally terminate the Contract in the event of the Merchant’s failure to meet its obligations as defined in article 9.1, without the Merchant being entitled to claim any compensation whatsoever.

11.4. Reversibility

In the event of termination of the Contract, the Merchant may request the Service Provider to port the Notices in a standard, reusable format (such as CSV format). This service is not included in the Service and constitutes an additional service within the meaning of article 7.1. of these GCS.

Article 12. Force majeure

The Service Provider shall be exonerated from all liability in the event of a total or partial breach, even temporary, of any of its obligations under these GCS, caused by Force Majeure.

For the purposes of these GTS, Force Majeure is defined as an event of an insurmountable and irresistible nature, resulting from an event beyond the control of the parties, which consists of an event or series of events of a climatic, pandemic, bacteriological, military, political or diplomatic nature . In the event of the occurrence of an event beyond the control of the Parties rendering the performance of the Contract dangerous or largely impossible, the Contract may be suspended. The suspension of the Contract must be notified by registered letter or by simple e-mail. If no solution can be found within a reasonable time, the Contract may be terminated. This will be the case in particular in the event of fire, strike, lock-out, flood, natural disaster, war, riot, requisition, government decision, blockage or total or partial interruption of telecommunications services or electricity networks, or more generally any other event of force majeure as defined by case law. Neither of the Parties may be held liable for any failure resulting from the occurrence of such an event and shall not give rise to the payment of damages or penalties for delay.

Article 13. Insurance

Each of the Parties declares that it holds an insurance policy taken out with a reputable and solvent company, specific and adapted to its services, covering its professional civil liability and guaranteeing the pecuniary consequences of this liability arising from bodily injury, property damage or consequential or non-consequential damage, for an amount of cover sufficient in relation to the commitments made within the framework of the Contract.

Article 14. Independence of clauses

In the event of any difficulty of interpretation between any of the headings appearing at the head of the clauses of the Contract and the stipulations contained therein, the headings shall be declared non-existent . If one or more clauses or stipulations of the Contract are held to be invalid or declared as such in application of the law, a regulation or a final decision of a competent court, the other clauses and stipulations shall retain all their force and validity.

Article 15. Waiver

The fact that either Party does not claim the application of any clause of the Contract or acquiesces in its non-performance, whether permanently or temporarily, shall not be construed as a waiver by that Party of its rights under the said clause.

Article 16. Applicable law and jurisdiction

The Contract is drawn up in the French language and is subject to the provisions of French law. The parties undertake to seek an amicable solution to any dispute which may arise from the interpretation or performance of the Contract. In the event of persistent disagreement over the application, interpretation and performance of the present contract, and failing amicable agreement, any dispute shall fall within the exclusive jurisdiction of the courts of Lyon, notwithstanding plurality of defendants or the introduction of third parties, even for emergency proceedings or protective proceedings in summary proceedings or by petition.

Article 17. Processing of the Service Provider’s personal data concerning the Merchant’s Customers

17.1. Collection of personal data

By entrusting the hosting of the Notices to the Service Provider, the Merchant acknowledges and accepts that the Service Provider must incidentally host certain personal data of the Buyers, on behalf of the Merchant . The Merchant nevertheless remains responsible for the processing of such personal data, the Service Provider being able to act only on the instructions of the Merchant and solely for purely technical matters relating to the hosting of such data. The Service Provider undertakes to implement appropriate technical and organizational measures to guarantee the protection of the rights of persons whose personal data is collected. In particular, the Service Provider undertakes to ensure that such data is hosted within the European Union. The purpose of the personal data collected from Buyers is to provide and improve the website services and to maintain a secure environment. More generally, the data collected is as follows:

• Collecting feedback on the purchasing experience;
• Publication of the review accompanied by the first name and first letter of the surname entered by the Buyer when placing an order on the Merchant’s site;
• Order date ;
• Date on which the notice was submitted and, if applicable, the date on which it was modified.

17.2. Compliance with the General Data Protection Regulation The Merchant undertakes to comply with the General Data Protection Regulation (RGPD) . As such, it undertakes to explicitly collect the consent of its customer prior to the collection of personal data that will be transmitted to the Guaranteed Reviews Company.

The Merchant undertakes to communicate to its customers the contact details of the DPO of the Guaranteed Reviews Company:
Guaranteed Reviews Company
Nicolas DUVAL
10 Rue du Colisée – 75008 Paris – France
[email protected]

The Merchant undertakes to communicate to its customers their rights with regard to the processing of personal data to its customers. In the event of observed non-compliance with the RGPD (collection of consent and information from the customer by the Merchant concerning the processing of its data), the Service Provider may terminate the contract ipso jure .

Article 18. Processing of personal data by the Service Provider in relation to the Merchant

The purpose of the personal data collected from users is to provide and improve the website services and to maintain a secure environment. More generally, it is used for the following purposes

• Access and use of the website by the user;
• Management of the operation and optimization of the website;
• Organization of the conditions of use of the Payment Services;
• Verification, identification and authentication of data transmitted by the user;
• Implementation of user assistance;
• Sending commercial and advertising information according to the user’s preferences.

Pursuant to Law No. 2004-2005 of June 21, 2004 for confidence in the digital economy and in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJEU L127 2 of May 23, 2018), you have the following rights:

• right to access, rectify, update, complete your data; – right to erase your personal data, when it is inaccurate, incomplete, equivocal, outdated, or whose collection, use, communication or storage is prohibited ;
• the right to withdraw your consent at any time;
• the right to limit the processing of your data;
• the right to object to the processing of your data;
• the right to portability of the data you have supplied to us, where such data is subject to automated processing based on your consent or on a contract;
• the right not to be subject to a decision based exclusively on automated processing; no such decision is currently in force.

For more information on how we collect and process your information, please see our full Privacy Policy.

Article 19. Access to the Merchant’s information systems

As part of the technical support intervention, the Merchant may be required to provide the Company with identifiers enabling access to its information systems. The Merchant expressly undertakes to provide only strictly temporary access, the maximum validity of which is limited to one week from the date of transmission.The Merchant assumes full responsibility for the creation, management and revocation of such temporary access. Under no circumstances shall the Company be held liable for any damage or injury resulting from the Merchant‘s failure to comply with this temporal obligation, or from inadequate management of the accesses provided.

APPENDIX 1. Legal provisions

Article L111-7-2 of the French Consumer CodeWithout prejudice to the information obligations set out in article 19 of law no. 2004-575 of June 21, 2004 for confidence in the digital economy and articles L. 111-7 and L. 111-7-1 of the present code, any natural or legal person whose activity consists, on a principal or accessory basis, in collecting, moderating or disseminating online opinions from consumers is required to provide users with fair, clear and transparent information on the methods of publication and processing of opinions placed online.

It specifies whether or not these reviews are subject to control and, if so, it indicates the main characteristics of the control implemented. It displays the date of the review and any updates. It informs consumers whose online review has not been published of the reasons justifying its rejection.

It introduces a free function enabling those responsible for products or services that are the subject of an online review to notify it of any doubts about the authenticity of the review, provided that the reasons for the notification are given. A decree, issued after consultation with the French Data Protection Authority (Commission nationale de l’informatique et des libertés), sets the terms and content of this information.