This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (“Products“) listed on our website sohorocks.com (our “Site“) to you. Please read these terms and conditions carefully before ordering any Products from our Site. These terms tell you who we are, how we provide products to you and how we may change or end the contract, what to do if there is a problem and other important information. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. Please click on the button marked “I Accept” at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our Site.

1. Identification of the vendor

• Soho Rocks, a “société par actions simplifiée” (simplified joint stock company) duly organized and existing under the laws of France, registered with the Trade and Companies Register of Paris under the no. tbd, whose Intracommunity VAT number is tbd and whose registered office is situated 15 Rue Du Louvre, Batiment 1, 75001 Paris- France.

2. Scope and acceptance of the General Terms of Sale

• The purchase of Products offered on the website www.sohorocks.com/ (hereafter the “Website”) is subject to these general terms of online sale (hereafter the “GTS”). 
• Soho Rocks products (hereafter the “Products”) are exclusively intended to be sold to end consumers, natural persons or end customers legal entities, excluding all resellers or intermediaries acting on behalf of resellers (hereafter the “Customers”). Consequently, the Customer represents that heshe/it is acting as end consumer and that he/she/it has no intention of reselling the Products for commercial purpose.
• Soho Rocks can update these GTS at any time. The Customer can familiarise himself at any time with the version of the GTS then in force. The applicable GTS at the time of the conclusion of the sales contract are those that are enforceable to, and binding on, the Customer.
• Furthermore, with each purchase of Products on the Website, the Customer shall be asked to confirm the acceptance of applicable GTS on the date of placing his/her/its /her/its order. Said GTS can be viewed at the time he/she/it is asked to confirm that he/she/it accepts them. To substantiate this acceptance, the Customer must check the box “I have read and hereby accept the General Terms of Sale of the Soho Rocks.com website”.

3. Terms of the Order

• Any order placed on the Website shall imply express acceptance of the GTS and acceptance of the prices and Products available for sale on the Website.
• Order process - The Customer who wants to place an order must comply with the following procedure:
• Product choice: the Customer must select the Product that he/she/it would like to order.
• Checking of the content of the Customer’s selection: the Customer checks the content of his/her/its /her/its basket whilst having the opportunity to delete or amend the Products he/she/it has selected.
• Identification: the Customer must complete the identification form made available to him/her/it and provide the requested information in a truthful manner (mandatory information are e.g. title, surname, first name or corporate name, e-mail address, password, telephone number for the delivery, address etc.).
• Checking of the Customer’s order: the Customer checks the content of his/her/its /her/its order, the total price, the delivery and invoicing addresses while keeping the possibility of deleting a Product or modifying the invoicing or delivery address. The Customer confirms his/her/its /her/its method of delivery and payment. The Customer must confirm his/her/its /her/its acceptance of these GTS by checking the corresponding box. The validation of the order is only possible after having checked this box. From this step, the Customer cannot anymore modify and/or cancel its order.
• Order acknowledgement of receipt: the Customer receives an e-mail summing up the content of his/her/its /her/its order. For instance:
• His/her/its delivery and invoicing addresses
• The order number
• The date of the order
• The list of Products ordered and their amounts
• The method of delivery (Client’s address or deposit space)
• The Customer is advised to keep and print this document, which is official proof of his/her/its order. The order is then registered and processed by Soho Rocks which checks the availability of the Product(s) ordered. Any order placed implies acceptance of the prices and descriptions of the Products available for sale.
• Confirmation of shipping of the order: the Customer receives an e-mail summarising the content of his/her/its order and confirming the dispatch of the same. The contract is deemed to have been concluded on the date on which this e-mail is sent.
• Tracking of the order - A carrier tracking number is provided to the Customer when his/her/its order has been confirmed.
• If the Customer wants to obtain information concerning the progress of his/her/its order, he/she/it may log onto the website of the carrier chosen by Soho Rocks, e.g.: UPS, at the address www.ups.com, and follow the transport of his/her/its parcel live.

4. Product availability

• The offers of Products and prices of Soho Rocks are valid while they are visible on the Website, and subject to stocks availability.
• Errors or modifications can exceptionally occur, notably in the event of simultaneous orders of the same Product by several Customers.
• In the event the Product is found unavailable after placing the order, Soho Rocks shall inform the Customer by e-mail or by telephone as soon as possible, by offering that he/she/it either order another Product available on the Website as a replacement (additional costs might occur), or cancels his/her/its order at no cost.
• Soho Rocks shall not be held liable in the event of stock shortage or unavailability of Products for orders not yet accepted by Soho Rocks.
• Soho Rocks reserves the right to change at any time and without prior notice the Products offered on the Website.
• To ensure a better quality of service and availability of its Products with all of its online Customers, Soho Rocks reserves the right to limit the quantity of Products that can be bought by a given Customer, this in accordance with the provisions applicable on the matter and notably those of Article L.121-11 of the French Consumer Code.
• Although all efforts are made to ensure that the colour and pattern of the Products whose photos are displayed on the Website are faithful to the original Products, variations may occur, notably due to the technical limitations on the Customer’s computer or mobile equipment. Consequently, Soho Rocks cannot be held liable for non-substantial errors or inaccuracies of photographs or graphic representations of Products appearing on the Website.
• Soho Rocks reserves the right not to accept an order from a Customer with whom it is in a dispute for a previous order, or if Soho Rocks reasonably considers that this Customer has infringed these GTS or that he/she/it has been/ will engage(d) in a fraudulent activity, or for any other legitimate reason.

5. Price

• The Prices of Products are expressed in Euros with also the possibility to pay in future in the following currencies Dollar US, Pounds Sterling (on the basis of a daily conversion via the converter used for the Website) inclusive of taxes and excluding customs duties, for orders outside of the EU that shall be borne by the Customer. Outside of the cases of reimbursement made (i) in connection with exercising the right of withdrawal or for (ii) lack of conformity and hidden defects, Soho Rocks shall not reimburse the VAT applied to purchases made on the Website (even in the event the Customer, after receipt of the Products, reships the Products for a third country outside of the European Union).
• Soho Rocks reserves the right to change at any time and without prior notice the prices of Products offered on the Website.
• The Products are invoiced on the basis of tariffs displayed on the Website at the time when the order is placed, subject to availability of the Products.
• All the orders are payable in Euros and must be settled immediately upon placing the order.
• In the event of unavailability of certain Products ordered (see Article 4 “Product availability”), only the price and shipping costs related to the available Products shall be debited.
• Means of Payment
• By credit card (Visa, CB, Mastercard, American Express): The payment is made on the secure website of Soho Rocks’s approved banking and credit institution.
• By payment apps: via Paypal.
• This means that no banking information regarding the Customer transits via the www.sohorocks.com website.
• Payment is therefore secure by the partners in charge of managing financial transaction.
• The order will then be recorded and validated on acceptance of the payment by the banking service.

6. Reservation of ownership

• The ordered Products remain the property of Soho Rocks until receipt of full payment of the price by Soho Rocks. However, the Customer assumes the risk (namely of loss, theft or deterioration) regarding the Products delivered from the time that they are delivered to the address indicated at the time of the order.

7. Terms and conditions of delivery

• Handling and shipping costs depend on the country and the total amount of the order. They shall be indicated on the invoice.
• Soho Rocks cannot be held responsible for any action and/or costs and/or taxes (which fall under the Customer’s responsibility) and/or delays due to customs.
• For all the Products, the order is prepared for departure from Soho Rocks’s logistics warehouses within a maximum period of 3 working days (subject to stock availability and except for the special case of Products sold “on pre-order” for which the sheet indicates the specific estimated time of delivery) from confirmation by e-mail of the order. The average period between the placing of an order and its delivery is from 4 to 9 working days. This is an average period based on prior orders.
• By exception to the above mentioned time frames, “pre-order” transactions may be subject to shipping periods that might exceed the estimated shipping time. The estimated shipping time for “pre-order” transactions may be as long as 6 to 9 months as of the date of the order, as mentioned in the purchase process.
• Exceeding this estimated period may not give rise to any cancellation of the order, reduction in the price paid by the Customer, or to any damages. Customer is further informed that in some special cases (e.g. products marketed on “pre-order”), the periods indicated above can be longer. However, failure to deliver within a period of 30 days from the maximum estimated time of delivery, the Customer shall have the possibility to cancel the said order at no cost. The sums that he/she/it will have paid will then be reimbursed. In cases where it has the capacity to do so, Soho Rocks reserves the possibility to offer the Customer a Product of equivalent quality and price as the initial product.
• If the order reaches a certain volume Soho Rocks may send it to the Customer in several deliveries and/or several packages.
• Generally, all of the parcels are shipped via UPS, DHL, FedEx LaPoste. A delivery note is attached to the parcel. Customer is encouraged to keep it as it will serve as proof of delivery.
• The Customer must check the compliance of the Products delivered at the time of the delivery and before signature of the carrier’s delivery note. He/she/it must indicate on this delivery note and in the form of handwritten reservations any defect concerning the delivery (damaged Product etc.). This verification is deemed achieved as soon as the Customer, or a person of his/her/its choice, has signed the delivery note. No claim regarding the condition of the parcel(s) will be admissible thereafter.
• In the event of reservations regarding the delivery, the Customer must also confirm them to the carrier at the latest within 3 working days following receipt of the article(s) and send a copy of this letter to Soho Rocks by e-mail to the address returns@sohorocks.com.
• In the event of an incomplete address, incorrect address, inability to place the parcel in the Customer’s letterbox, refusal of the parcel by the recipient, lack of information making it impossible to deliver the Product to the recipient at the appointed time, Soho Rocks cannot be held liable for the complete, final, completion of this delivery. If this lack of information leads to a second presentation to the recipient, Soho Rocks shall be entitled to request that the Customer pay the corresponding fees for this second delivery.
• The Customer is subject to the general terms of delivery of the carrier that, in some cases, if he/she/it does not submit to them can impact the quality of the delivery.
• Accordingly, in the event of absence of the recipient, according to the general terms of delivery of the carrier, the product may be presented again and/or left at an agreed drop-off point and/or in front of the Customer’s home and or in a “sorting – pending” centre of the carrier and/or returned to Soho Rocks who shall in no event be held responsible for any theft of, loss, or damage to the Products in connection with to their delivery and, more generally, the final quality of the delivery.
• In the event that it is impossible to deliver and if the product must be returned to Soho Rocks by the carrier, Soho Rocks will not make any new delivery.
• Any claim regarding the delivery of Products must be submitted in 14 working days following receipt of the Product(s) in the same conditions as mentioned above. If it is decided that the product(s) must be returned to Soho Rocks, they must be sent in their original condition (packaging, accessories, etc.) and according to the shipping conditions.

8. Right of withdrawal

• Pursuant to Articles L. 221-18 et seq. of the Consumer Code, the Customer has 14 days from the day of delivery of the Product purchased on the Website to inform the customer service of his/her/its desire to return the Product.
• For any return, the Customer shall i) use the return form enclosed in the delivery packing and contact the customer service via e-mail at returns@sohorocks.com to inform it of his/her/its decision to use his/her/its right of withdrawal. Any parcel returned after the prescribed timeframe shall be refused and returned to the sender. No parcel returned as cash on delivery shipping / or invoiced to Soho Rocks shall be accepted, whatever the reason. The costs and risks pertaining to the return of Products are borne by the sender. In order for the customer service to accept the exchange and/or reimbursement, the Product must be returned in full condition in its original packing, undamaged, with its label attached, not worn, not washed, accompanied by all of its accessories, and a copy of the purchase invoice to Soho Rocks – 15 Rue Du Louvre, Batiment 1, 75001 Paris - France. The Customer shall not have to justify the reasons or pay penalties, with the exception of return costs.
• Soho Rocks cannot be held responsible in the event of loss, theft or damage of the parcel.
• Parcels for which the Customer’s identification (surname, first name, address and return code) is not possible shall be refused.
• Any return must be made by a traceable method (UPS, FEDEX, DHL, LaPoste or others delivery companies, return receipt requested, etc.) and the tracking number must be provided to Soho Rocks.
• On receipt of the Product returned by the Customer, the customer service shall send a confirmation of receipt of the Product by e-mail.
• In the event the Customer makes a valid use of this right by the Customer, Soho Rocks shall reimburse the Customer for the sums paid by the same and corresponding to the acquisition of the returned Products (therefore excluding potential customs duties), within a maximum period of 14 days by bank transfer into the account used with the credit card bearing the Customer’s name.

9. Statutory warranties

• The Products sold by Soho Rocks are subject to the conditions of statutory warranties provided by Articles L.217-4 to L.217-14 of the Consumer Code as well as by Articles 1641 through 1648 of the Civil Code, to the exclusion of any other warranties.
• Soho Rocks shall refuse any complaint for Products that have been used contrary to their intended use.
• Any complaint regarding the Products in their current form and without relation to the delivery must be submitted by e-mail to the address returns@sohorocks.com followed by a registered return with a written confirmation (incl. tracking number) and with acknowledgement of receipt to the following address: Soho Rocks – 15 Rue Du Louvre, Batiment 1, 75001 Paris - France.
• Statutory warranty of conformity
• Soho Rocks shall deliver to the Customer a Product that complies with the contract and which is exempt from conformity defects at the time of the delivery of said Product, to the extent that the Product shall be fit for the use normally expected of similar goods and that it shall have the characteristics featured during the sale.
• Statutory warranty against hidden defects
• Soho Rocks shall ship to the Customer a Product free of hidden defects that would make it unfit for the use for which it was intended, or that substantially decreases this use, that he/she/it would not have acquired it or would have paid a lower price if he/she/it had been aware of them.

10. Limitation of liability

• In no event may Soho Rocks be held liable for any damage which does not result from a failure by Soho Rocks to honour one of its obligations.

11. Personal data

• When the Customer registers on the www.sohorocks.com Website, Soho Rocks collects personal information (personal data, e-mail address, gender, etc.) via the registration form in order to offer him/her/it accessible services in the reserved access areas of Soho Rocks. The filling in of personal information concerning him is essential for the processing and delivery of his/her/its orders.
• Along the order process on the www.sohorocks.com, the creation of a Customer account can be set up. Within this account, his/her/its information is stored and protected by a password chosen by the Customer. This information is strictly confidential and intended for Soho Rocks exclusively. It shall be processed in strict compliance with the provisions of Data Protection Act No. 78-17 of 6 January 1978 and the regulation (EU) 2016/679, general regulation on data protection.
• In this respect Soho Rocks notably undertakes to: (i) guarantee the confidentiality of data of a personal nature processed in the framework hereof by implementing the appropriate security measures in its field of activity, (ii) ensure that the persons authorised to process the data of a personal nature in virtue hereof undertake to respect the confidentiality or are subject to an appropriate legal obligation of confidentiality and receive the necessary training regarding protection of data of a personal nature, and (iii) that its potential subcontractors respect the legal obligations on behalf of and according to the instructions of Soho Rocks.
• The Customer shall at all times have a right of access, amendment, rectification and deletion of his/her/its data. To exercise this right, he/she/it may present a request to Soho Rocks by e-mail to the address returns@sohorocks.com or by letter to the following address: Soho Rocks - 15 Rue Du Louvre, Batiment 1, 75001 Paris - France.
• Subject to validation by an “opt-in” of the Customer, personal information (personal data, e-mail address, gender, etc.…) can also be used by Soho Rocks and/or its partners for marketing purposes like the sending of newsletters or requests.
• The Website uses cookies in order to best satisfy and customise the Customer’s requirements. The purpose of the cookie is to indicate that you have visited the Website.

12. Intellectual property

• All documents, information, texts, graphs, images, photographs or any other content published on the www.sohorocks.com Website are the exclusive property of Soho Rocks. Consequently, they may not be reproduced, exploited or used for any purpose whatsoever, without the express authorisation of the publication manager.
• Soho Rocks is the owner of all the intellectual property (with the exception of authors’ moral rights) pertaining to Products and distinctive trademarks and signs under which the Products are marketed.
• The Customer acknowledges without reservations the intellectual property rights of Soho Rocks and undertakes not to infringe them in any manner howsoever. More specifically, the Customer expressly undertakes not to manufacture, sell, provide a licence or market in any manner howsoever, directly or through a third party, for its benefit or the benefit of a third party, the Products, imitations or reproductions of the Products or the intellectual property rights pertaining to the Products and trademarks belonging to Soho Rocks.

13. Force majeure

• "Force majeure" means all external unforeseeable and unavoidable circumstances, beyond the reasonable control of the party which is suffering a force majeure case.
• In the situation where Soho Rocks is prevented or delayed by a force majeure case in honouring its commitments, Soho Rocks undertakes to inform the Customer within 96 hours by specifying the exact elements constituting the force majeure, the reasonably foreseeable period of delay or prevention. Soho Rocks shall then be exempt from the liability in connection with the non-performance or delay in performance of its obligations but undertakes to use its best efforts to resume full performance without further delay. In such a case of force majeure, Soho Rocks may exercise its discretionary right to terminate the order or any part thereof, without being held liable, except however that Soho Rocks shall be responsible to reimburse the Customer for any amounts already paid. In no event shall the Customer invoke a case of force majeure to release himself/herself/itself even temporarily from an obligation to pay a sum of money.

14. Governing law – Disputes

• These GTS shall be governed and interpreted in accordance with French law. The language of this contract is French and has been translated to English and German.
• In the event of a dispute the French courts shall have sole jurisdiction. However, in accordance with Regulation CE 593/2008 of the 17 June 2008, these GTS do not prevent the application of a more favourable mandatory non-waivable provisions to the Customer, and as may applicable based on the Customer’s normal place of residence.
• In the event of a dispute arising in connection with the performance and/or the interpretation of these GTS, the Customer may submit such dispute to a contractually-agreed mediation procedure or any other alternative dispute resolution procedure. Pursuant to Ordinance No. 2015-1033 of 20 August 2015 and to the application decree No. 2015-1382 of 30 October 2015, any consumer dispute or litigation, subject to Article L.612-2 of the Consumer Code, may be the subject of an amicable settlement by mediation through the CMAP - Paris Centre of Mediation and Arbitration. In order to bring a complaint before the mediator, the Customer may (i) fill in the form on the CMAP website www.cmap.fr, tab “you are: a consumer”, (ii) send his/her/its request by first class mail or registered letter to: CMAP  - Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or (iii) send an e-mail to consommation@cmap.fr. Irrespective of the means used to contact CMAP, the Customer’s request must contain the following elements in order to be processed rapidly: his/her/its postal address, e-mail address and telephone number, as well as the full name and address of Soho Rocks, a clear statement of the facts, and proof of previous steps taken with Soho Rocks.
• Notwithstanding the foregoing, in the case of a dispute, in accordance with Regulation No. 1215/2012 of 12 December 2012:
• The Customer may bring the matter before the competent court of his/her/its domicile or the French courts,
• Soho Rocks may bring the matter before the court of the Customer’s domicile.

15.Our liability

• We warrant to you that any Product purchased from Us through Our Site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
• This does not include or limit in any way Our liability: (A) FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; (B) FOR FRAUD OR FRAUDULENT MISREPRESENTATION; (C) FOR BREACH OF THE TERMS IMPLIED BY SECTION 12 OF THE SALE OF GOODS ACT 1979 (TITLE AND QUIET POSSESSION); OR (D) FOR DEFECTIVE PRODUCTS UNDER THE CONSUMER PROTECTION ACT 1987.
• We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and Us and even if such losses result from a deliberate breach of these terms and conditions by Us that would entitle you to terminate the Contract between you and Us, including but not limited to: (a) loss of income or revenue; (b) loss of business; (c) loss of profits or contracts; (d) loss of anticipated savings; (e) loss of data; or (f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable; provided that this clause 10.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 10.1 or clause 10.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (f) inclusive of this clause 10.4.

16. Events outside our controls

• We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under a Contract that is caused by events outside Our reasonable control (“Force Majeure Event“).
• A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Our reasonable control and includes in particular (without limitation) the following: (a) Strikes, lock-outs or other industrial action. (b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war. (c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster. (d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. (e) Impossibility of the use of public or private telecommunications networks. (f) The acts, decrees, legislation, regulations or restrictions of any government. (g) The breakdown of plant or machinery or any default by Our suppliers or sub-contractors.
• Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period. We will use Our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which Our obligations under the Contract may be performed despite the Force Majeure Event.

17. Copyright

• All information, text, images, photographs, graphics, videos, music, user interface and other content and materials contained on the Website are the copyrighted property of Soho Rocks or its third-party licensors to the full extent and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Website for any purposes.  Nothing stated or implied on the Website confers on you any license or right under any copyright of Soho Rocks or any third party.