Last updated: 21 July 2023

Purpose

The purpose of these General Terms and Conditions of Use is to govern the use of the website accessible at the following address https://es.twenga.com, which provides a platform for shopping and comparing product offers (hereinafter referred to as the 'Sites' or 'Site').

Any use of the Sites provided by Twenga implies that the user of the Sites (hereinafter referred to as the ‘Visitor(s)’ or ‘You’) agrees to abide by these General Conditions of Use (hereinafter referred to as the ‘General Conditions of Use’ or ‘GCU’). Please read our GCU carefully.

In navigating the Site you recognize accepting and to being contractually linked by the terms of the present Terms of Service.

Description of the site

The site is a shopping platform and comparison of product offers accessible on the internet, which provides Visitors offers responding to their demands and proposed by our merchant partners referenced on the Site (below « Merchant » or « Merchants »).

Information obtained by the Visitors comes from catalogue feeds transmitted by the merchants. The merchants for whom we present product offers via the Site are Merchants with whom we have concluded partnership contract (referencing for a fee).

We regularly reference new Merchant offers to provide you with the biggest choice, nevertheless the displayed results do not reflect the totality of available offers on the market.

The default order of presentation for product offers is ‘relevance’. You can choose other presentation criteria. To find out more, see how we work.

When you wish to purchase the product of your choice, You are redirected to the website of the concerned Merchant.

When you are redirected to the website of a Merchant from our Sites in order to purchase a product, You are subject to the terms of use and sale of said merchant. Also, in the case of ordering of a product, the indicated price on the website of the concerned Merchant will be the one effectively applied.

Your contractual relations with us are exclusively presided over the present Terms of Service. Your relations with the Merchants will be presided over their respective terms of sale and use. Please verify the guarantees and business conditions, on the sites of the Merchants, before ordering.

Commitment of Visitors

In general, the Sites of Twenga are made available to Visitors for exclusively personal use and non-commercial. As such, you prohibit yourself any commercial or for-profit exploitation of the Site or access to the Site.

You agree not to reuse information from the Site either by reformatting or displaying it, or to reproduce the homepage or any other page of the Site on your website.

When You use the Site, You agree, not to hinder, in any manner, its proper functioning. As such, you make a commitment not to:

• disrupt, slow down, block or alter the normal flow of the Site, or commit any other action that disrupts the functionality of the Site;
• fraudulently access, interfere with or disrupt the information systems of Twenga and in particular the Sites, servers, networks allowing access to the Sites,

We reserve the right, if necessary, to take all necessary measures to stop such actions and obtain compensation for any resulting damage.

You agree to respect all the intellectual property rights of Twenga. As such, You agree not to copy, modify, rent, sell, distribute all or part of the information on the Site, including the brand Twenga or any other brand registered by Twenga, trade names, logos, domain names, or any other distinctive sign belonging to Twenga, without the prior written consent of Twenga.

The Sites and all the computer tools used by Twenga in connection with the Sites contain confidential information that is protected by the intellectual property law. Twenga grants You a personal, non-transferable and nonexclusive right of use to use the Sites, provided you are prohibited from copying, modifying, integrating the technical elements of the Sites or using any other method to try to access the source code and other technical elements. You agree to not access the Site by any means other than the interface provided to You by Twenga for this purpose.

You also acknowledge that all content on the Site, including the content of third parties, is protected by copyright, trademark law, patent law, or any other intellectual property right recognized by law. You therefore are prohibited from reproducing, imitating and using in any way whatsoever, all or part of these contents protected by an intellectual property right without first obtaining the express authorization of the owner of this right or ones having the right.

If You believe that your intellectual property rights have been infringed by the content of a third party, please send a notice of violation of your rights via our contact form, accessible here.

ou agree not to access or attempt to access the Site by any means other than the interface of the Site provided by Twenga, unless You have previously obtained the written consent of Twenga, and to undertake no activity likely to hinder or disrupt the provision of the Sites provided by Twenga.

Notification of illegal content

Twenga is concerned with the fight against counterfeiting and wishes to encourage Visitors to participate in this fight. If you believe that illegal content is published on the Site, we invite you to report it to us via the contact page. Twenga commits to promptly removing this content from the Site or to make access impossible once it becomes aware of its unlawful nature.

In accordance with the legal provisions in force, Twenga will be presumed to have knowledge of the content allegedly illicit only when it has been notified of the following elements:

• the date of the notification;
• if the person notifying is a physical person: his or her last name, first names, profession, address, nationality, date and place of birth; if the person notifying has a legal entity: its form, its name, its registered office and the body that legally represents it;
• the name and address of the addressee or, in the case of a legal entity, its name and registered office;
• the description of the disputed contents and their precise location on the Site (complete URL address);
• the reasons for which the content must be withdrawn, including the legal provisions and the factual justifications on which the request for withdrawal is based;
• f the request is based on the infringement of intellectual property rights, the justification of those rights;
• the copy of the correspondence sent to the author or publisher of illegal content, requesting its interruption, withdrawal or modification, or the justification that the author or publisher could not be contacted.

You acknowledge that any notification of material misrepresented as being manifestly unlawful for the purpose of securing its removal or ceasing its dissemination would subject you to prosecution and, where applicable, civil and/or criminal penalties.

Information provided by merchants indexed on the Site and third party websites

The information relating to the products supplied by the Merchants indexed on the Sites includes photographs, descriptive texts, prices and possible fees.

Twenga does not guarantee the accuracy, completeness, reliability and quality of the information provided by Merchants indexed on the Sites. We cannot be held responsible for the fact:

• information provided by the referenced Merchants and relating to product offers presented on the Sites;
• the order placed on the websites of the referenced Merchants;
• or the use of products purchased from these Merchants.

The information provided by the Merchants is automatically updated when updating the Site, which is carried out at most every 24 hours. In the event of a temporary discrepancy between the commercial information relating to a product offer referenced on the Site and those appearing on the Merchant's website, Twenga invites You to take into account the information on the Merchant's website. Twenga cannot be held responsible for this discrepancy and will strive to be as responsive as possible in order to stop the cause of this within a reasonable time.

Protection of minors

Twenga may index on the Site information about offers of products or services intended exclusively for adults and whose access is restricted to users aged 18 and over. Steps are taken by Twenga to limit access to these contents. A warning page appears when accessing the concerned products.

Adults with custody of minors have an obligation to monitor their use of the Internet. It is therefore their responsibility to determine the services and uses that they deem appropriate for these minors.

Protection of personal data

The consultation of the Site and the connection with the sites of the Merchants does not require any registration or identification.

Consult our Privacy Policy.

Operation and availability of the Site

Twenga will endeavor, as far as possible, to keep the Site accessible 7 days a week and 24 hours a day. Nevertheless, access to the Site may be temporarily suspended, due to technical maintenance, migration or updates, due to breakdowns or constraints related to the operation of the Internet.

In addition, Twenga reserves the right to modify or interrupt, temporarily or permanently, all or part of the access to the Site.

You are reminded that the transmission of data on the internet has only a relative reliability. The networks on which the data flows have different characteristics and capacities and are likely to be saturated at certain times of the day, which is likely to affect their download times as well as their accessibility. Twenga cannot guarantee the absence of data interception.

To know more about how we operate.

Modification of the Terms of Service

Twenga may modify these Terms of Service to adapt to the technological and commercial environment and to comply with the regulations in force.

Visitors are invited to read the Terms of Service for each new visit to the Site.

Responsibility

Twenga can in no way be held responsible for any prejudice, direct or indirect, that the use of the information, products or Sites would cause Visitors, including damages related to a purchase on a Merchant site referenced by Twenga.

Miscellaneous

The failure of Twenga to exercise the rights granted to it under this Agreement does not in any way constitute a waiver of these rights.

In the event that any of the provisions of these Terms of Service would be annulled by a court decision, this decision will not be such as to call into question the validity of other provisions that would continue to apply.

Applicable law

These Terms of Service are governed by French law.