General terms and conditions of sale

Welcome to the website tatafaience.fr of online sales in decoration, furnishing and art of living. Any order placed by a consumer implies the acceptance without reserve of these general conditions of sale.

1. DEFINITIONS

• GTC : refers to the present general terms and conditions of sale and, as of their publication on the Internet, their possible subsequent versions.
• Order : means the acceptance by the Customer of an offer of Product presented by The Rocking Company SAS on the Site, which is contractually binding on the Customer except for the right of withdrawal duly exercised by him.
• Delivery Date : means the date on which the Product(s) are scheduled to arrive at the Destination as agreed with the Customer.
• Destination : shall designate the delivery address of the Product(s) ordered by a Client.
• Product Sheet : refers to the information that describes, on the Site, the essential characteristics of the Product concerned, taking into account the communication medium used.
• Delivery : means the fact, for The Rocking Company SAS, to ensure in the conditions agreed between the Parties the delivery of a Product to the Customer who placed the Order, either by direct delivery to the address communicated by the Customer, or by delivery to the agreed relay point.
• Customer : means any natural person eighteen (18) years of age or older who is legally capable of registering on the Site in accordance with the applicable procedure in order to access the Products and, if desired, place an Order.
• Party : means individually The Rocking Company SAS or the Customer.
• Parties : means both The Rocking Company SAS and the Customer.
• Product : means any product or service marketed by The Rocking Company SAS on the Site.
• Non-Cancellation Returns : refers to Products returned by Customers due to breakage, failure to deliver the agreed quantity, failure to meet the agreed Delivery Date, non-conformity, latent defect or defectiveness.
• Returned Products  : shall mean Products that have not been received or picked up by clients or that have been voluntarily withdrawn from the Sales Order in accordance with the right of retraction.
• Site : refers to the Internet site operated by The Rocking Company SAS and accessible at www.tatafaience.fr (or any other address that may be substituted in the future).
• The Rocking Company SAS : refers to the company THE ROCKING COMPANY SAS, as well as all its possible affiliated companies.

2. INFORMATION ABOUT THE COMPANY OPERATING THE SITE

2.1. Identification of the company operating the Site

The Site is operated by THE ROCKING COMPANY SAS, 7 rue du Fbg Montmartre, Paris, France.

2.3. Contact details of the company operating the Site

The Customer may contact the Customer Service of The Rocking Company SAS by the following means, in particular for the treatment of any possible complaint:
By e-mail, on the Site, via the “contact” form or at the e-mail address “hortense@tatafaience.com”.

3. SCOPE OF APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE

3.1. Consumer transactions

Each Customer is clearly informed and acknowledges that the Site is intended solely for individuals acting in their personal capacity as consumers. The Rocking Company SAS reserves the right to verify the identity and truthfulness of the information provided by the Customer to ensure that he/she is acting as a consumer.

Any person acting for purposes within the framework of its commercial, industrial, craft, liberal or agricultural activity, including when it acts in the name or on behalf of another professional, must contact the sales department of The Rocking Company SAS in order to benefit, if necessary and if it seems good to The Rocking Company SAS, of specific contractual conditions

3.2. Transactions carried out for all Products presented on the Site

The GTC, which define the rights and obligations of the Parties in connection with the marketing of the Products on the Site, apply to all commercial transactions concluded by The Rocking Company SAS with the Customers within the framework of the offers which are proposed to them, this until the possible exhaustion of the Products concerned.

The T&Cs shall prevail over any other document, so that the commercial transactions concluded by The Rocking Company SAS with the Customers shall not be subject to any other contractual document (including possible purchase conditions) without prior, written and express acceptance by The Rocking Company SAS.

3.3. Application of the T&Cs in force at the time of the Order

The T&Cs applicable to the Order are those published on the Site at the time of its placement, so The Rocking Company SAS advises Customers to download, print, read carefully and keep a copy for each new Order. If the Customer does not intend to accept the T&Cs at the time of finalizing an Order, the Customer must terminate the process of purchasing Products on the Site.

The GTC are referenced at the bottom of each page of the Site by means of a hyperlink. They must be consulted, via the link appearing on the “Confirmation” page, prior to clicking on the “Pay” button, in order to definitively submit the Order.

In case of non-compliance with any of the provisions of the GTC or in case of behavior constituting an abuse of right on the part of a Customer, The Rocking Company SAS reserves the right, in particular (i) send a notice of the breach to the Customer requesting, where possible, that the Customer remedy the breach within a reasonable time, (ii) to avail itself of Articles 1219 and 1220 of the Civil Code on the exception of non-performance as a preventive measure or a posteriori, (iii) to implement the necessary and proportionate means to fight against possible infringements of its rights, or iv) to engage the legal responsibility of the Customer concerned. The attention of the Customers is in particular drawn to the fact that in application of the article L.121-11 of the Code of consumption, The Rocking Company SAS can refuse the sale of a Product to a Customer in case of legitimate reason.

3.4. Modification of the T&Cs

The T&Cs are accurately dated and may be changed or updated by The Rocking Company SAS at any time. Any changes made to the T&Cs shall be published on the Site but shall not apply to Orders placed prior to such changes.

Any possible modification of the legislation or regulations in force or any final judicial decision invalidating totally or partially one or several clauses of the GTC shall not affect the validity and the necessary respect of the other clauses, which shall keep their full binding force and scope.

4. REGISTRATION ON THE SITE

4.1. Customer Registration

Access to the Product offers is open to individuals of legal age who have registered on the Site, in accordance with the applicable procedure.

Customer registration is free.

First of all, you must complete the registration form available on the Site. The sign (*) indicates the mandatory fields that must be filled in for the registration to be processed and validated by The Rocking Company SAS. As part of this registration, the Customer will have to provide certain information and personal data concerning him. He/she must ensure that the information and personal data provided are specific to him/her, complete, accurate and up-to-date. The Rocking Company SAS reserves the right to ask Customers to confirm, by any appropriate means, their identity and the content of the information provided. As part of this registration, the Customer will also have to choose a “password”, to enable him/her to access the Product offers. The Customer undertakes to keep his password confidential and not to communicate it to third parties. The use of the Customer’s e-mail address associated with the password chosen by the Customer implies the use of the Site by the Customer, under his responsibility.

To finalize his registration, the Customer will have to read and accept the T&Cs and the Privacy Policy, available at the bottom of each page of the Site via a hypertext link.

After completing and validating the entire registration process, the Customer will receive a confirmation of his registration from The Rocking Company SAS, by email, to the email address he will have given during his registration.

A Customer may only open one account on the Site per e-mail address. Multiple registrations will be systematically deleted by the administrators of the Site.

4.2. Customer’s use of account features

By means of his personal account opened on the Site, the Customer will be able to make free use of all its functionalities, as in particular those allowing i) to keep track of its Orders, the management of its personal data and its preferences for newsletters subscriptions, ii) invite friends to join the Site, or iii) to proceed to the free closure of his account. On this last point, it is specified that any account closure, directly on the account itself or by sending an e-mail to the e-mail address ” hortense@tatafaience.com “, will only be valid for the future, will not affect past Orders which will remain governed by the current Terms and Conditions of Sale and will be carried out without prejudice to the legitimate archiving of contractual data by The Rocking Company SAS.

4.3. Important information: correlative registration to The Rocking Company SAS.fr shopping club

Any person who wishes to newly register as a Customer is informed that his registration via the Site automatically entails access via the address https://tatafaience.com (hosted and operated by The Rocking Company SAS France), whose site is accessible at this address. Of course, anyone can freely unsubscribe at any time.

5. PRODUCT INFORMATION

5.1. Availability of Products

The Products are offered for sale in France and abroad, depending on availability. In this regard, The Rocking Company SAS reserves the right to modify the selection of Products available on the Site.

The Rocking Company SAS commits to fulfilling the Orders received before the Products are sold out. However, in the event that, after receipt of an Order on the Site, a Product is finally found to be unavailable, The Rocking Company SAS undertakes to inform the Customer by e-mail as soon as possible. The Customer will have then, in application of the articles L.216-2 and following of the Code of the consumption, of the faculty to cancel the sale and to be refunded at the latest in the fourteen (14) days following the date to which the sale will have been denounced. This option of denunciation will be open to the Customer without prejudice to the possibility, for The Rocking Company SAS, to propose to him to give up it, if the Customer wishes it, against the Delivery of a Product of equivalent quality and price.

5.2. Characteristics of the products

The Rocking Company SAS endeavours to present, as clearly as possible, on the Product Sheets available on the Site, the main characteristics of the Products and the information required under the applicable legislation.

The Rocking Company SAS will make its best efforts, without giving any guarantee in this respect, to ensure that the atmospheric photographs or the photographs of the Products present on the Site are as faithful as possible to reality, it being emphasized that the digital transmission of the said photographs is likely to generate, for each Customer, a difference in visual perception between the Products and their digital images. It should be noted, however, that due to the ” vintage ” nature of the products sold, they are sold as is.

Unless expressly stated otherwise on the Site, all Products sold by The Rocking Company SAS are second-hand and may therefore present imperfections due to their age and/or use.

5.3. Product Prices

The prices displayed on the Site for a Product are, for as long as such display remains, applicable to any Order for such Product, subject to possible manifest errors in the price. In the latter case, The Rocking Company SAS reserves the right to cancel the sale, the payments already made being then immediately refunded.

The prices are displayed in euros, all taxes included. They do not include the delivery costs, which are calculated separately and depend mainly on the size, weight, address and delivery method. These fees are indicated on the page of the concerned Product.

When the Order summary is displayed, the total price is shown, including delivery charges.

6. ORDERING AND PAYMENT TERMS

6.1. Placement of the Order

The Sales Order is placed directly by the Client on the Site. To place an Order, the Customer must follow the steps described below, knowing that he/she may order Products from several different brands simultaneously.

– Product Selection

The Customer selects the Product(s) of his choice by clicking on it and choosing, if necessary, the size, then the desired quantity. A Product Sheet is then presented on the Site, to inform the Customer on the essential characteristics of the said Product.

If the Product is suitable for the Customer, the latter can select it by clicking on “Add to cart”. The Customer can add as many Products to his basket as he wishes, within the limit of the proposed quantities.

– Order Verification

Once the Products have been selected and placed in the shopping cart, the Customer can click on the shopping cart and check that the content of the Order is correct. If he/she wishes to make additions, changes or deletions, he/she is free to do so.

A form available on the Site will summarize the total price, applicable taxes and delivery charges. The Customer is invited to check the content of his/her Order (including the quantity and references of the Products ordered and the billing address) before proceeding with the Order process.

– Validation of the Order

If the selection made in the shopping cart and the summary are suitable, the Customer confirms the Order by indicating on the corresponding page the delivery address of the Products and all the information required to process the Order.

6.2. Payment of the Order

By paying, the Customer contractually places an Order with The Rocking Company SAS.

– Usual methods of payment

The Rocking Company SAS allows payment by credit card, such as Visa, Mastercard and American Express, or secure payment methods such as Paypal. The payment is debited at the time of the Order.

To proceed with the payment, the Customer must enter his bank details and relevant personal information before clicking on the payment validation button. As a payment transaction is authorized if the payer has given his consent to its execution, it is expressly agreed that the entry of his identifiers by the Customer will be considered as proof of his identity and his consent.

All transactions are secure and take place within a strict framework of confidentiality and encryption via the SSL protocol. The Rocking Company SAS reserves the right to check or have checked by the payment platform operator the validity and authenticity of transactions made on the Site.

It is expressly emphasized that payments by check are excluded by the GTC.

7. DELIVERY OF ORDERS

7.1. Delivery field

Deliveries are made in France, Europe and internationally. Certain countries, including those considered non-cooperative or under embargo, are not included in the international delivery areas.

7.2. Shipping of Orders

The Rocking Company SAS ships the Products according to the delivery times announced for each Product on the Site. These times vary in particular according to the mode of delivery and the voluminous nature of the Product or not. Delivery times are calculated in working days (excluding Saturdays, Sundays and public holidays).

7.3. Delivery method and choice of carrier

Unless otherwise agreed by The Rocking Company SAS for certain products, in particular for large volume Products, in principle the method of delivery of the Products is as follows: home (or to the address specified by the Customer, such as his place of work);

For the delivery of small Products, the service providers of The Rocking Company SAS : Happy Post, Delivengo, Colissimo.
For the delivery of heavy or bulky objects, the service providers of The Rocking Company SAS will contact the Customer in order to set up a delivery appointment with him; the Customer must therefore provide a French (code +33) or Belgian (code +32) telephone number when ordering, depending on the country of delivery. The Products will then be delivered to the Customer. Depending on the weight of the Product concerned, it will either be dropped off at the Customer’s home or the address communicated by the Customer, or dropped off in the room of the Customer’s choice for items exceeding 30 kilos.

Any Delivery that is materially impossible under normal access conditions may be refused by The Rocking Company SAS or may result in additional charges to the Customer. The Customer must therefore pay particular attention, if he orders Products with a bulky volume, to ensure that the dimensions of the Product (with its packaging) allow the Product to be easily transported through the usual access path to his home (in particular common parts of a building).

7.4. Difficulties encountered by the Customer upon receipt of the Products

If, upon receipt of the Order, the Customer notices any damage to the Product or its packaging (torn cardboard box, package opened and then resealed, breakage, …), the Customer is invited to refuse the Product and to immediately inform The Rocking Company SAS Customer Service, which will do its utmost to offer the Customer a replacement solution

In the event of delay in delivery or delivery to a place other than the Destination, The Rocking Company SAS will inform the Customer, who can himself report it to Customer Service. The Rocking Company SAS undertakes to do what is necessary to determine the cause of the delay or error and to find a solution to ensure the Delivery to the Destination as soon as possible.

8. EXERCISE OF THE RIGHT OF WITHDRAWAL

8.1. Retraction period

In accordance with article L.221-18 of the French Consumer Code, consumers have the right to withdraw from the contract during 14 days from the date of purchase: i) the delivery of the Product, or (ii) in the case of an Order for multiple Products delivered separately or an Order for a Product consisting of multiple lots or pieces to be delivered over a period of time, from the Delivery of the last Product in the Order; or (iii) for contracts for the provision of services, from the conclusion of the contract.

8.2. Terms of withdrawal

To exercise his right of withdrawal, the Customer simply informs The Rocking Company SAS, via The Rocking Company SAS France as agent of The Rocking Company SAS to provide Customer Service, of his desire to withdraw before the expiry of the above-mentioned period (within the period of 14 days), either via the “My account”/”My orders” section of his personal account, or by contacting Customer Service directly by e-mail at the address “hortense@tatafaience.com”.

It is reminded that pursuant to Article L.221-28 of the Consumer Code, the right of withdrawal can not be exercised in certain cases listed by law.

If a Customer exercises his right of withdrawal from a contract for the provision of services whose execution has begun before the end of the withdrawal period, he must pay The Rocking Company SAS an amount corresponding to the service provided until the communication of his decision to withdraw.

In the event that the Order has not yet been shipped, Customer Service shall immediately process the Customer’s withdrawal request in order to avoid, if possible, shipping the Products. In the event that the Order has been shipped but not yet delivered, Customer Service will attempt, if possible, to stop the shipment.

8.3. Effects of withdrawal – Refund

In case of exercising his right of withdrawal, the Customer must, depending on the weight/volume of the items to be returned, send back to The Rocking Company SAS or return to its carrier the goods in the following conditions:

For small Products: the Customer must go to his space “My account” heading “My orders”, select the order he wishes to return and confirm his wish via the “Return” button. The return is made via a deposit in a relay point, which he must do without undue delay and no later than fourteen days after the communication of his decision to withdraw. The Customer may also contact the Customer Service Department, which will provide the necessary information.

For bulky Products (i.e. identified as such on the Site in the corresponding Product Sheet): the Customer must go to his or her “My Account” space under the heading “My Orders”, select the order he or she wishes to return and confirm his or her wish via the “Return” function. The Rocking Company SAS will send without undue delay and no later than fourteen days after the communication of the decision of withdrawal one of its carriers who will contact the Customer to agree with him the date of return of the Product (by giving the pre-filled return form). The Customer may also contact the Customer Service Department, which will provide the necessary information.

Without prejudice to the application of the provisions of Article 6.2, The Rocking Company SAS will reimburse the Customer for all payments received for the Product(s) subject to withdrawal, including delivery costs, without undue delay and, in any event, no later than fourteen days from the day The Rocking Company SAS is informed of the Customer’s decision to withdraw. The Rocking Company SAS may, however, defer the refund until it has received the good or until the Customer has provided proof of shipment of the good (for small Products), whichever comes first, or until it has received confirmation that the Customer has returned the Product(s) to its carrier (for large Products).

In accordance with the provisions of the Code of consumption, The Rocking Company SAS reserves the right to apply, in particular, the article L.121-11 of the Code of consumption, according to which The Rocking Company SAS can refuse the sale of a Product to a Customer in the event of “legitimate reason”, in the assumption that it would be victim of a manifest abuse of right.

10. GUARANTEES

10.1. Legal guarantee of conformity

The Rocking Company SAS shall be liable to the Customer for any lack of conformity of the Product with the content of the Order. The defects of conformity which appear within twenty-four months from the delivery of the Product are presumed to exist at the time of delivery, unless The Rocking Company SAS can prove otherwise.

In case of non-conformity of the Product delivered to the Customer, the latter is invited to contact the Customer Service of The Rocking Company SAS at the e-mail address ” hortense@tatafaience.frfr ” or at the telephone number ” +33 (1) 84166228 ” and to follow the instructions which will be communicated to him. The Customer may then return the Product to The Rocking Company SAS, in accordance with the terms and conditions specified in Article 9 above and request :

– or to be delivered a Product identical to the one ordered, within the limits of available stocks;
– or to be delivered a Product of equivalent quality and price, within the limits of available stocks;
– or to be reimbursed, within fourteen (14) days following the Customer’s request, for the price of the Product ordered;
– it being specified that this choice is exercised subject to the application of the concept of manifestly disproportionate cost specified in Article L.217-9 of the Consumer Code.

Article L.217-4 of the Consumer Code
The seller delivers a good in conformity with the contract and is responsible for the defects of conformity existing at the time of the delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.

Article L.217-5 of the Consumer Code
The good is in conformity with the contract:
(1) Whether it is fit for the purpose ordinarily expected of similar property and, if so :
– if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
– if it has the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.

Article L.217-6 of the Consumer Code
The seller is not bound by the public statements of the producer or his representative if it is established that he did not know them and could not legitimately have known them.

Article L.217-7 of the Consumer Code
Defects of conformity which appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.
The seller may rebut this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.

Article L.217-8 of the Consumer Code
The buyer is entitled to demand that the goods conform to the contract. However, he may not contest compliance by invoking a defect of which he was aware or could not have been unaware when he contracted. The same applies if the defect originates in materials supplied by the customer.

Article L.217-9 of the Consumer Code
In case of lack of conformity, the buyer chooses between repairing or replacing the goods.
However, the seller may not proceed according to the buyer’s choice if this choice entails a cost that is clearly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. He is then obliged to proceed, unless it is impossible, according to the method not chosen by the buyer.

Article L.217-10 of the Consumer Code
If repair and replacement of the property is not possible, the buyer may return the property and have the price returned or keep the property and have part of the price returned.
The same faculty is open to him:
1° If the solution requested, proposed or agreed upon pursuant to Article L.217-9 cannot be implemented within one month of the buyer’s complaint;
2° Or if this solution cannot be done without major inconvenience to the client, given the nature of the property and the use he is seeking.
However, the sale cannot be cancelled if the lack of conformity is minor.

Article L.217-11 of the Consumer Code
The application of the provisions of articles L.217-9 and L.217-10 is free of charge for the buyer.
These same provisions do not prevent the awarding of damages.

Article L.217-12 of the Consumer Code
The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.

Article L.217-13 of the Consumer Code
The provisions of this section do not deprive the purchaser of the right to exercise the action resulting from redhibitory defects such as it results from articles 1641 to 1649 of the civil code or any other action of contractual or extra-contractual nature which is recognized by the law.

10.2. Legal guarantee against hidden defects

The Rocking Company SAS is required to assume, with respect to the Customer, the hidden defects affecting a Product, under the conditions provided for in Articles 1641 to 1648 of the Civil Code. The action resulting from a latent defect must be brought within two years of the discovery of the defect, pursuant to Article 1648 of the Civil Code.

In the event of a hidden defect in the Product within the meaning of Article 1641 of the Civil Code, the Customer is invited to contact the Customer Service Department of The Rocking Company SAS at the e-mail address ” hortense@tatafaience.fr ” and to follow the instructions that will be communicated to him. The Customer will then be able to:
– or return the Product in accordance with the terms and conditions specified in Article 9 above to obtain a refund of its price, within fourteen (14) days of the Customer’s request;
– or keep the Product and request a partial refund of the price.

Article 1641 of the Civil Code
The seller is bound by the warranty for latent defects in the thing sold which render it unfit for the purpose for which it was intended, or which so diminish that use that the buyer would not have acquired it, or would have given only a lesser price, if he had known of them.

Article 1642 of the Civil Code
The seller is not liable for apparent defects of which the buyer could convince himself.

Article 1643 of the Civil Code
He is liable for hidden defects, even if he did not know about them, unless, in this case, he has stipulated that he will not be obliged to any guarantee.

Article 1644 of the Civil Code
In the case of articles 1641 and 1643, the buyer has the choice to return the thing and have the price returned, or to keep the thing and have part of the price returned.

Article 1645 of the Civil Code
If the seller was aware of the defects of the thing, he is bound, in addition to the restitution of the price he received, to pay all damages to the buyer.

Article 1646 of the Civil Code
If the seller was unaware of the defects of the thing, he will only be held to the restitution of the price, and to reimburse to the buyer the expenses caused by the sale.

Article 1647 of the Civil Code
If the thing that had defects has perished because of its bad quality, the loss is for the seller, who will be obliged towards the buyer to return the price and the other compensations explained in the two previous articles.
But the loss arrived by fortuitous case will be for the account of the buyer.

Article 1648 of the Civil Code
The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.

10.3. Contractual warranty

Independently of the legal guarantees and the right of withdrawal, certain Products may give rise to a specific contractual guarantee, which will be indicated on the relevant Product Sheet.

In the event of a defect covered by such a specific warranty, the Customer must contact The Rocking Company SAS Customer Service with a copy of the purchase invoice for the Product. The Rocking Company SAS will inform the Customer of the possibility of returning the Products under the applicable contractual warranty. Upon receipt of the Products, The Rocking Company SAS will examine the Product within five days and, if the warranty is applicable, will arrange for exchange, return or refund if necessary.

10.4. Exclusion of warranty

Products that have been modified or repaired by the Customer or any unauthorized third party, or that have been combined with any other product, shall not be eligible for warranty. The same shall apply to Products that have been subject to misuse, non-conforming use, deterioration or abnormal negligence.

11. LIABILITY – FORCE MAJEURE

The Rocking Company SAS is fully responsible to the Customer for the proper performance of the obligations arising from the contract that it has concluded at a distance with the Customer. However, The Rocking Company SAS may be exempted from all or part of its liability by proving that the non-performance or improper performance of the contract is attributable either to the Customer, or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure. The Rocking Company SAS will not be responsible in particular in the event of total or partial non-performance of its obligations under, in particular, the good Delivery of an Order, if this non-performance results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.

12. INTELLECTUAL PROPERTY

The Rocking Company SAS is the owner of the intellectual property rights on the Site and the elements that make it up or that allow its operation or, at least, has been granted rights allowing their exploitation by its care. The reproduction, representation or adaptation in whole or in part of the Site and/or each of its elements by any means whatsoever, including digital, is prohibited without the express consent of The Rocking Company SAS, except in cases strictly limited by the Code of Intellectual Property of acts falling within the scope of a legal exception to intellectual property rights.

The Rocking Company SAS and ” tatafaience.fr ” are moreover signs duly protected by industrial property rights. Any unauthorized use of these distinctive signs is unlawful.

Any extraction of The Rocking Company SAS databases made under conditions that contravene the rights recognized to database producers by the Intellectual Property Code is illegal.

The Customer is authorized, on a non-exclusive and non-transferable basis, to access and use the functionalities of the Site for the sole purpose of discovering the offers of Products, placing Orders and interacting with The Rocking Company SAS within the framework of the resulting relations, to the exclusion of any other purpose, a fortiori commercial. Any rights not expressly granted by The Rocking Company SAS under the T&Cs shall remain the exclusive property of The Rocking Company SAS.

13. PROTECTION OF PERSONAL DATA

The Rocking Company SAS attaches great importance to the protection of personal data. Clients are invited to refer to its Personal Data Protection Policy and its Cookie Policy to learn about the purposes of processing their personal data. These documents also explain the rights of the Clients regarding their personal data and the procedures to follow to exercise them.

14. APPLICABLE LAW

The GTC are governed by French law.

15. DISPUTES

15.1. Settlement and mediation

In case of dispute, Customers agree to address in priority directly to The Rocking Company SAS, in order to find an amicable solution to their possible difficulty.

If the amicable approach of the Customer does not allow to find a solution to the dispute, it is specified that any consumer has the right to have recourse free of charge to a mediator of consumption in order to resolve amicably the dispute which opposes him to a professional. You can use the EU Online Dispute Resolution website, which is available free of charge in all EU languages: Click here for more information.

If you make a complaint through this site, you will need to agree with The Rocking Company SAS on an alternative dispute resolution body that will deal with your dispute. Each body has its own rules and procedures.

15.2. Jurisdiction

Any legal dispute between The Rocking Company SAS and a Customer concerning the validity, interpretation or execution of the GTC will be submitted to the competent jurisdiction in application of the applicable rules of civil procedure, it being specified that in application of article R.631-3 of the Code of consumption, the consumer can seize, either one of the territorially competent jurisdictions under the code of civil procedure, or the jurisdiction of the place where he lived at the time of the conclusion of the contract or of the occurrence of the harmful event

Date of publication of the latest version of the General Terms and Conditions of Sale : January 2020.