General Terms of Sale
3. Field of application
5. Information on the products
9. Right of retraction, return and exchange
12. Force majeure
13. Personal data
14. Intellectual property
15. Entirety of Conditions
16. Duration and application
17. Territoriality and applicable law
This site is operated by the The Rocking Company company, having its registered office at 7 rue du faubourg montmartre 75009 PARIS (France) and registered with the register of commerce and companies of Paris under number RCS Paris B 793 601 709
The present general conditions of sale apply to all the orders placed with the The Rocking Company for the whole of the articles and services proposed by the https://therockingcompany.fr site by natural persons not business persons. Consequently, the fact for any person ordering a product offered on sale on the Internet site of The Rocking Company implies full and complete acceptance of these general conditions of sale that the Customer recognizes having been aware of before his order.
The Rocking Company reserves the right to modify at any moment the present general sales conditions. Nevertheless, the General Sales Conditions applicable to the order placed by a Customer on the Site of The Rocking Company are those accepted by the Customer at the time of placing the order.
ARTICLE 1 : INTEGRALITY
The present General Conditions define the entirety of the obligations of the various parties. In this sense, the Customer is considered to accept without reserve the entirety of the provisions envisaged under these general sales conditions. The Rocking Company is for its part committed to respecting its role of retailer within the framework of the aforesaid conditions.
ARTICLE 2 : OBJECT
The present General Conditions have the aim of defining the rights and obligations of the various parties within the framework of the online sale of goods and services proposed by the The Rocking Company to the Customer, from the order to the delivery, including payment and the use of services made available by The Rocking Company.
ARTICLE 3 : FIELD OF APPLICATION
The present General Conditions govern the sale of the products on the day of the placing of the order by the customer. They apply to all modes of placing of orders proposed by The Rocking Company, whether the order is placed by Internet or telephone.
ARTICLE 4 : ORDER
Capacity to enter into contract
Every Customer of the The Rocking Company declares that he has the capacity to enter into a contract on the conditions described hereafter, i.e. to be an emancipated minor or have reached legal majority and not to be protected within the meaning of article 488 of the French Code Civil.
The Rocking Company reserves the right to refuse any order by a Customer with whom there exists, or which appears during processing, a dispute, in particular a dispute over payment.
Acceptance of the Conditions by the Customer
The present Conditions can be read directly on the therockingcompany.fr. On simple request of the Customer, they can also be sent by electronic mail.
The act of the Customer’s ticking the box “I accept the general sales conditions”, before proceeding to secure payment, constitutes an irrevocable acceptance which can only be called into question in the extreme cases envisaged under the present general sales conditions under the paragraph “right of retraction”. The Customer accepts by this act to having read and understood the present Conditions and to accept them.
The purchase by telephone also implies the acceptance of these Conditions which he recognizes to have read beforehand, and to have understood and accepted the conditions mentioned above.
Placing of an order
The individual Customer can place his order at The Rocking Company by Internet 24 hours a day, 7 days a week, or by telephone from Monday to Friday from 10am to 1pm and from 2pm to 6pm.
The ordering process is composed of 6 successive stages. Once product selection has been carried out, and the basket validated, the Customer must:
– clearly identify the products selected with the options of colors, sizes,… indicated on the http://therockingcompany site;
– indicate the quantities requested;
– indicate clearly information necessary for the delivery. This relates in particular to the precise address of delivery, as well as possible restrictions of accessibility of the place of delivery (building, floor, door-codes, etc);
– indicate the selected mode of delivery;
– finally, indicate the selected mode of payment.
Once the mode of payment is selected, the Customer must proceed with payment of his order on the secure server, which will formalize the sales contract with The Rocking Company in a firm and final manner.
Every order implies acceptance of the prices and description of the products available for sale. Any dispute on this point will intervene within the framework of a possible exchange and guarantees mentioned below.
In every case, the supply online of the bankcard number and the final validation of the order by the Customer will constitute proof of the order and current liability for the sums for the products selected in the order. This validation constitutes signature and acceptance of all the operations carried out on the therockingcompany.fr website.
Confirmation of order
An email is automatically sent to the customer in order to confirm the order provided that the email address indicated in the inscription form does not contain an error. The Customer must check the completeness and conformity of the information which he provides to The Rocking Company. The latter cannot be held responsible for possible errors of data-entry and the consequences in terms of delay or delivery error. In this context, all the expenses engaged for resending will be the responsibility of the Customer.
Following of the order
The Customer can at any moment check the status of his order by consulting the heading “My account” on the https://therockingcompany.fr site. This following of the order makes it possible for the Customer to know the stage of processing of his order, but also the stage of sending or delivery of his parcels. This last following of delivery is carried out with the deliverers’ Internet interface. The Rocking Company thus cannot be held accountable for the unavailability or errors that may affect the information supplied by its transporters. The Rocking Company endeavors nevertheless to make this information as clear as possible and to make the transport as reliable as possible with its transporters. The Customer can at any moment contact the sales department of The Rocking Company in order to be informed of the stage of his order.
Proof of the order
The computerized registrations, preserved in the information processing systems of The Rocking Company under reasonable conditions of security, will be regarded as the evidence of the communications, the orders and the payments that have taken place between the parties.
The filing of the purchase orders and the invoices is carried out on a reliable and durable support which can be produced as proof.
ARTICLE 5 : INFORMATION ON THE PRODUCTS
Characteristics of the products
The information, characteristics, photographs and graphics presented on the sites or in the emails sent by The Rocking Company are given only on a purely indicative basis. In particular, the difference in perception of the forms and the colors between the photographs or graphics presented and the products cannot engage the responsibility of The Rocking Company. The Rocking Company will make its best efforts to ensure that the photographic representation of the products on the https://therockingcompany.fr site is as faithful as possible. It is nevertheless possible that the perception of the products does not correspond completely to the products. The products are sometimes presented in photographs with other products. The description will mention what does or does not form part of the product.
The Rocking Company will not accept any responsibility for any indirect loss connected to present facts, in particular, with regards to a trading loss, loss of profit, loss of opportunity, damage or expenses, which may occur because of the purchase of the products. The Rocking Company cannot be held responsible for any losses of data, files or of the damage defined in the preceding paragraph.
Availability of the products
The Rocking Company is committed to delivering the orders received only within the limit of the stocks of the product available. In the absence of availability of a product or products, The Rocking Company is committed to informing the Customer as quickly as possible. Availability can vary during the same day according to the level of sales. The Rocking Company carries out very frequent updates of availabilities, but cannot be held responsible if the stock is no longer the same as that which is indicated. More precise information can be given to the Customer by telephone and email.
The unavailability of a product is mentioned on the product page concerned or in the shopping basket summary. Thus, Products may appear with the mention of delivery times, such as “in stock” or “immediate”, “4 to 8 days”, “1 to 2 week”, “4 to 6 weeks”, “Product not available” etc.
Delivery times indicated in the product page details are estimated times when the product(s) are not available in The Rocking Company stocks. They may thus be susceptible to variations for which the Customer will be informed by The Rocking Company in his order confirmation in the event of a minor delay or by email in the case of a more prolonged delay.
If The Rocking Company cannot obtain an ordered product from its suppliers, the company will notify the customer of the expected delay by email. The Customer in turn can either ask for the cancellation of the order with a refund of payment within 30 days, or the exchange of the product not available for another product. No cancellation penalty will be applied for such an order cancellation. No cancellation compensation (other than the full repayment of the Order) can be demanded, such an unavailability having resulted from a delay in updating this unavailability.
The Rocking Company cannot be held accountable for the non-fulfillment of an agreed contract in the case of the product being out-of-stock or unavailable, of causes beyond control, of disruptions caused by partial or all-out strikes, in particular of the postal services, transport, and communications, flooding and fires.
ARTICLE 6 : PRICES
Prices are indicated in Euros and are inclusive of tax, and are applicable only on the date of the confirmation of order sent by the Customer. The price to be paid is in Euros and is systematically indicated in a clear way before the confirmation of the order.
The prices charged by The Rocking Company are in constant evolution, due to stock exchange varitions, the prices posted on the site are also likely to be modified constantly.
The prices do not take account of delivery charges, possible promotional offers and personal reductions, which will be indicated before the final confirmation of the order.
The prices take into account the French VAT applicable on the day of the ordering, and any change of the statutory rate of VAT will be automatically reflected in the price of the products presented on the site, at the date stipulated by the decree of application. However the prices cannot be modified once the Customer has placed his order. In the same way, if one or more taxes or contributions, in particular environmental tax is suddenly created or modified, whether it rises or falls, such a change will be reflected in the selling price of the articles present on the https://therockingcompany.fr site.
Orders for delivery to countries outside the European Union are not subject to French VAT. The prices indicated on the website for such orders are free of tax and therefore do not take into account VAT. Nevertheless, these orders are subject to possible taxes and customs fees in the destination country. Any costs thereto pertaining are at the consignee’s expense. They are to be paid directly to the transporter upon delivery.
The customer is also responsible for verifying the possibilities of importing ordered items with respect to the governing laws of the destination country. We recommend the customer contact their local customs authorities for further information.?
ARTICLE 7 : PAYMENT
Means of payment
The Customer can pay his order online by bank card: Carte Bleue, Visa and Eurocard / MasterCard and Paypal. The Customer guarantees The Rocking Company that he has the necessary authorization to use the mode of payment chosen by him, during the confirmation of the purchase order. The debit for purchases on the customer’s account is done at the time of the processing of the order.
The Rocking Company uses all means necessary to ensure the safety and confidentiality of data transmitted online. To this end, the site uses a protected mode of payment SSL (Secure Socket Layer) which allows the encoding of your banking co-ordinates during their transmission on the Internet. You can see that the transmission is encrypted by software from the padlock symbol which appears in your navigator. The transaction is carried out via the French bank, Banque Populaire which alone receives the banking information provided on the site at the time of the payment.
The Rocking Company reserves the right to suspend the processing and delivery in the case of a payment authorization by bank card being refused by officially accredited organizations or in the case of non-payment. The Rocking Company notably reserves the right to refuse to process and deliver an order placed by a client who has not paid in total a previous order, or with whom a dispute over payment has still not been settled.
Within the framework of a procedure for checking orders intended to make sure that no one uses the banking co-ordinates of another person without his or her knowledge, the Customer may be requested to send proof of identity or proof of residence by fax or email to The Rocking Company. The order will be confirmed only after reception and checking by our services of the details sent. In the absence of reception of these elements within 15 day following the placing of the order, the order will be considered to be automatically cancelled.
The purchase order which the Customer creates online or the confirmation of the order sent by email to the Customer by The Rocking Company does not act as an invoice. The Customer has the original of the invoice in his online account. The invoice does not come with the parcel.
The Rocking Company preserves an electronic example of each invoice.
In the c
ase of a delivery to an address different from the billing address, the invoice for orders is only ever available in the Customer’s online account.
Transfer of property
The Rocking Company remains owner of the Products delivered until their complete payment by the Customer. The provisions above do not prevent the transfer to the Customer of the risks of loss or deterioration of the Products during delivery as well as of the damage which they could cause.
ARTICLE 8 : DELIVERY
The geographical area of delivery for items from the The Rocking Company boutique is as follows:
– Metropolitan France, Corsica, Monaco;
Products are delivered to the address indicated by the Customer on the purchase order. The Customer must check the exhaustiveness and the conformity of the information which he provides to The Rocking Company. The latter cannot be held responsible for possible errors of data entry and the consequences in terms of delay or delivery error. In this context, all expenses engaged for the reforwarding of an order will be entirely the responsibility of the Customer.
The Rocking Company cannot be held responsible for delivery delays because of errors or disruptions due to transporters (including in particular in the event of a partial or all-out strike in particular of the mail services, transport and communications).
Orders placed online via the http://therockingcompany site are dealt with each day from Monday to Friday, except public holiday. The Rocking Company does its utmost to treat and dispatch any order received before 11am the very same day, nevertheless the preparation and processing time of an order may be lengthened according to articles, and may require 1 or 2 business days. As of reception of the dispatch confirmation email, the Customer can take into account the transportation times mentioned below.
The Rocking Company informs its Customers that these delivery times do not include Saturdays, Sundays and public holidays.
In the case of an order which may comprise one or more Products not immediately available and one or more Products immediately available, The Rocking Company will dispatch the order as of reception of the whole of the products which comprise the order. If the Customer wishes to receive the products immediately available more quickly, he is advised to isolate these articles in a separate order.
An email is automatically sent to the Customer at the time of dispatch of the Products subject to the email address indicated in the inscription form not containing an error.
Transport times depend on the transporter chosen by the Customer and the place of delivery.
The Rocking Company informs Customers of the delivery times on a purely indicative basis, as given by the chosen transporter. Transport charges are given as an indication (for Metropolitan France) at the moment of going to the shopping basket and are confirmed definitively according to the means of transport and the destination of delivery chosen, before the final confirmation of the order.
The Rocking Company informs its Customers that these delivery times do not include Saturdays, Sundays and public holidays.
Delivery times may be considered to be the following:
• If the products are available, the delivery period is equal to the dispatching time (dispatching times paragraph) plus transport time (transport times paragraph);
• If the products are not immediately available, then delivery time equals dispatching time plus transport time
If it happens that initial delivery times cannot be met, a new delivery time will then be communicated to the Customer, according to the information available to The Rokcing Company. In this case, an option for the cancellation of the order, with a refund or a credit, will be also made to the Customer.
Delivery methods in Metropolitan France
– Standard delivery by DPD (usual delivery time of 48h):
Deliveries are carried out from Monday to Friday, excluding public holidays. The charges involved for this option depend on the total weight and volume of the ordered articles.
In the event of absence at the moment of delivery, a delivery notice will be left at the address of delivery indicated by the Customer, allowing him to collect his parcel from the nearest post office. In Metropolitan France, DPD will present itself the next day, after agreement over phone call. The parcels are for 15 calendar days. In the event of non withdrawal within the time limits allowed by the transporter, the products will be returned to The Rocking Company which reserves the right to refund the price of the products, with transport costs being at the charge of the Customer.
Methods of delivery outside Metropolitan France
In Europe and the USA, delivery is carried out via Colissimo. The charges involved depend on the country of destination, and the total weight and volume of the selected articles. The charges and delivery times are indicated to the Customer before the final validation of his order.
The products are packaged so as to respect the standards of transport in force, and to ensure an optimal protection of the products during their delivery. It is requested from the Customer to respect these same standards in the case of a product being returned because of after-sales service or for reasons of suitability. Any damage noted to a product arising from the product not being repackaged properly may lead to an only partial refund, or no refund in the event of the impossibility of resale in its state or in the event of a technical problem indicated having been worsened.
Responsibility of the Customer to check parcels upon reception
The Rocking Company reminds customers that it is the responsibility of the Customer to inspect his parcels upon reception in the presence of the deliveryman and to notify the transporter as well as The Rocking Company of any anomaly (bumps, damage to the parcel, delivery date not conforming to normal times of the parcel delivery…) within two working days. In the case where such elements are not noted on the delivery slip presented to the Customer by the transporter, no complaint related to the state of the parcel can be accepted a posteriori by The Rocking Company.
Delays in delivery related to the transporter
In the case of a delay in delivery compared to the times announced by the transporters, the Customer must contact by priority the transporter, or its distribution office in the case of the French post office, to see whether the parcel is not about to be dispatched. If the need arises, the Customer must contact The Rocking Company Customer Services by telephone or email in order to create a file of contention or start an investigation to carry out a search for the parcel.
It can happen that parcels are mislaid by transporters. The times given by transporters require that the Customer declares the loss in the 10 days following the reception of the dispatch notice sent by The Rocking Company. Under these conditions, The Rocking Company accepts the responsibility of contacting the transporter concerned.
If the parcel is found, it will be sent immediately to the residence of the Customer. In the event that the parcel is not found, the Customer will be able to ask that the same product be sent again (subject to availability), at The Rocking Company’s expense, or be refunded the amount paid. If one or more ordered products are not available at that moment, The Rocking Company will refund the amount paid for the products concerned lost by the transporter.
The Customer must inspect the state of the parcel in the presence of the transporter and note any reserves necessary on the delivery slip in the event of partial or total deterioration. In the absence of noting such points, the product is considered to be accepted by the Customer and cannot be the subject of any dispute concerning its delivery. The Customer must notify The Rocking Company by email so that The Rocking Company can take the necessary measures as quickly as possible.
ARTICLE 9 : RIGHT OF RETRACTION, RETURN AND EXCHANGE
Within the framework of the sale by correspondence (without the simultaneous physical presence of the parties), according to the Article L 121-20 of the French code of consumption the Customer has the right to a seven-day period to exert his right of retraction without having to pay penalties, except for the costs of returning the goods. This period begins as from the day of reception of the goods by the Customer.
The request to return the goods can be carried out by contacting the The Rocking Company Customer Services, using the contact form, email or telephone, and they will indicate to the Customer the methods to be followed.
The Rocking Company recommends the Customer to return its products by Colissimo with registered delivery or insurance to the commercial value of the products, guaranteeing him, if necessary, the compensation for the products matching their real commercial value in the event of damage or loss of these goods. In all cases, the return is carried out at the Customer’s own risk. It will be up to the customer to preserve any proof of return.
The returned products must be intact, in a perfect state for resale, and in original packing. They cannot have been worn, used or to have suffered even minimum deterioration, and in a state of perfect cleanliness. Any product which is damaged, incomplete, or whose original packing is deteriorated, will be neither refunded nor exchanged. This right of retraction is exerted without penalty, except for the transport charges which remain at the cost of the Customer. In the event of having exercised the right of retraction, the Customer will receive a voucher for the sums paid which can be used against the next order. This voucher is valid for 6 months and is available online in the Customer’s account. The Customer can also ask for the sums paid to be refunded directly. In the event of a demand for repayment, The Rocking Company will make all effort to refund the Customer within 30 days.
ARTICLE 10 : GUARANTEES
In accordance with article 4 of the decree n°78-464 of March 24, 1978 of French law, the present provisions cannot deprive the Customer of the legal guarantee which obliges the professional seller to guarantee him against all consequences of the hidden defects of the item being sold.
The Rocking Company is the producer of the products presented within the framework of the https://therockingcompany.fr website, as defined by the French law n°98-389 of May 19, 1998 and relating liability for defective products.
Consequently, in the event of damage caused to a person or a good by a defect of the product, The Rocking Company can be held responsible by the Customer, on the basis of the information appearing on the packaging of the aforementioned product. Moreover, the company stresses that the products, services and information proposed by The Rocking Company do not in any way substitute for constant vigilance by adults.
The Rocking Company cannot be held responsible in the event of the non-respect of legislation in the country where products are delivered. It is the responsibility of the Customer to check with local authorities the legality of importing and using the products and services being ordered.
ARTICLE 11 : RESPONSIBILITY
The products on offer confirm to French legislation in force and applicable to norms in France.
The Rocking Company cannot be held responsible in the event of non-observance of legislation in the country where the product is delivered. It is up to the Customer to check with the local authorities on the possibility of importing or using the products which he wishes to order. The Rocking Company cannot be held responsible for inconvenience and losses relating to the use of the Internet, in particular a breakdown in the service, the presence of computer viruses or external intrusions and more generally all cases defined by the courts as outside our control or committed by third parties.
Hypertext links may send out to other sites than that of the https://therockingcompany.fr site. The Rocking Company refuses any all responsibility if the contents of these sites contravene any laws or rules in force.
ARTICLE 12 : FORCE MAJEURE
Neither of the two parties will have failed in its contractual obligations, insofar as their execution is delayed, blocked or prevented by circumstances beyond their control.
Force majeure or circumstances beyond control will be regarded as that which are external to the two parties, unforeseeable, inevitable, independent of the will of the parties, and which could not be prevented by them, despite all reasonably possible efforts.
The party affected by such circumstances will warn the other party within ten working days from the date on which the first party will have learnt of it.
The two parties will communicate with each other within a month, except if this is impossible due to force majeure, to examine the situation and reach agreement on the conditions under which the execution of the contract will be continued.
If the force majeure case is of duration greater than three months, the present general conditions can be cancelled by the injured party.
Force majeure, as well as what is defined by the tribunals of the French courts, will be considered to include the following:
– all-out strikes or partial ones, external or within the company, a blockage of supplies or transport for whatever reason, legal or governmental restrictions, computer breakdowns, earthquakes, fires, storms, floods, lightning, – breakdown of telecommunications or network works not under control of the Customer.
ARTICLE 13 : PERSONAL DATA
Visitors or Customers of the http://throckingcompany site have a constant right of access, modification, correction and suppression of the data which relate to them in application of article 34 of the French “data-processing & freedoms” law of January 6, 1978.
At the time of customer inscription or ordering, or within the framework of other specific operations, The Rocking Company invites Visitors or Customers to receive its newsletters, its promotional offers, and / or to register to stay informed of its exclusive sales. At any time, the Visitor or Customer can modify his subscription through his personal account, or through the hypertext link appearing at the bottom of the offers received by email.
The Rocking Company is committed to taking into account the modifications of subscription and of withdrawal of subscription to its commercial emails within the shortest possible delay.
ARTICLE 14 : INTELLECTUAL PROPERTY
The entirety of the contents (texts, comments, works, illustrations, images, videos, graphics, sounds… including underlying technologies used) posted on this site is reserved under copyright and intellectual property rights for the whole world. For this reason and conforming with the provisions of the French Code of Intellectual Property, only private use is authorized, subject to different provisions which may be even more restrictive from the code of intellectual property. Any other use may constitute pirating and be sanctioned by the law covering intellectual property, except in the case of preliminary authorization by The Rocking Company. Any total or partial reproduction of The Rocking Company catalogue is strictly prohibited.
Any person having an Internet site wishing to place on his site a simple link directly to the https://therockingcompany.fr site must request authorization from The Rocking Company. An authorization given by The Rocking Company will not constitute an implicit agreement of affiliation and will not be in any case given on a permanent basis. By simple request from The Rocking Company, this link will have to be removed.
ARTICLE 15 : ENTIRETY OF CONDITIONS
A change of legislation, regulation or a decision of the court rendering invalid one or more clauses of these general sales conditions will not affect the general validity of these Conditions. Such a change cannot in any way make it possible for the Customer not to observe these general sales conditions.
If a condition is not explicitly mentioned, it will be regarded as conforming to usage in the sector of mail order sales by companies based in France.
Relations between The Rocking Company and the Customer are controlled exclusively by the present conditions at the exclusion of any other condition appearing on the https://therockingcompany.fr
ARTICLE 16 : DURATION AND APPLICATION
The present Conditions apply throughout the time of all online services offered by The Rocking Company. They can be modified at any time by The Rocking Company. The Conditions applicable are those in force on the date of the registration of the order.
ARTICLE 17 : TERRITORIALITY AND APPLICATION LAW
The sale of products of The Rocking Company company are subject to French law. Any dispute relating to the existence, interpretation, execution or breach of the contract concluded between The Rocking Company and the Customer, even in the event of a plurality of defendants, will be, in the absence of mutual agreement, the exclusive competence of the tribunals of Paris.