Brand participation in free product testing campaigns managed by Shopadvizor is addressed to users registered on its platform, for the purpose of assessing product acceptance by real consumers.
Shopadvizor acts solely as a technological intermediary and not as the manufacturer, importer, distributor or marketer of the products subject to the campaign.
Such participation shall not imply any obligation or guarantee whatsoever regarding the listing or referencing of the product at Carrefour Spain, nor shall it influence or condition the distributor’s commercial decision-making processes.
All user data, as well as the content, reviews, ratings and opinions generated on the platform within the framework of the campaigns, shall be the sole and exclusive property of Shopadvizor, shall form part of Shopadvizor’s proprietary database, and shall be exploited by Shopadvizor in accordance with the platform’s terms of use.
Notwithstanding the foregoing, Shopadvizor grants the brand a non-exclusive, non-transferable licence, limited to the territory of Spain and for a period of one (1) year, to use such content for marketing and advertising purposes. This licence shall be strictly limited to the specific product subject to the campaign and shall not entail any assignment of rights over Shopadvizor’s database or any other content available on the platform.
Where a product participating in a campaign falls under the “Top Secret” category, the information made available to users shall be limited and generic, with no reference to the brand, commercial name or graphic material, and only essential product information shall be provided.
Shopadvizor shall not be liable for any unauthorised disclosures made by users in breach of the platform’s terms of use, without prejudice to any rights that may accrue to the brand under applicable law. Nevertheless, Shopadvizor shall implement reasonable monitoring and takedown measures once it has actual knowledge of an infringement.
The brand’s contact details may be used by Shopadvizor for the purpose of sending operational, administrative and management-related communications in connection with the contractual relationship and the campaigns in which the brand participates. Such data may be processed by third-party service providers acting on behalf of Shopadvizor, including logistics operators responsible for shipping products to users.
Shopadvizor shall not be liable for any incidents arising from the transport, delivery, storage or preservation of the products, nor for any adverse effects or consequences resulting from their use or consumption. Responsibility for the product’s quality, safety, conformity and regulatory compliance shall rest with the brand and, where applicable, with the manufacturer, importer or other responsible economic operator and/or the logistics operators involved, in accordance with applicable legislation.
The brand warrants that the product complies with all applicable regulations relating to product safety, labelling, composition and consumer protection. In the case of products originating from third countries, the brand declares that it acts as the importer or responsible economic operator, or that it has appointed an importer or responsible economic operator established within the European Union for the purpose of placing the product on the Spanish market.
The brand shall indemnify and hold Shopadvizor harmless against any claim arising from the product.
Any undistributed or surplus products may be donated to charitable organisations where their nature and storage conditions so allow. Such donation shall not give rise to any right to financial compensation or claims on the part of the brand, unless expressly agreed otherwise in writing.
