General terms and conditions of sale of the website www.so-shocking.com
Version in force on [01/09/2021].
You are about to make a purchase on the website published by the company SAS CDJ CREATION www.so-shocking.com (hereinafter the "Website") and we thank you for it.
Before concretizing your purchase, we thank you for reading carefully the following general conditions of sale (hereinafter the "GTCs") and, in the case where these are convenient for you, accept them so that you can concretize definitively your purchase.
We remind you that orders placed on the Website are reserved exclusively for "final purchasers", i.e. customers who are natural persons or legal entities purchasing on their own behalf (hereinafter "you" or the "Customer"), to the exclusion of any usual or commercial resale activity. The Website is not intended for wholesale or retail resellers and the Company reserves the right to exercise all appropriate remedies in the event of resale of goods acquired on the Website on a professional basis. You can also write to us, transmitting the elements you wish to bring to our attention to the following address So-shocking.com, 6-8-10 rue de la Bourse - 59000 LILLE, or by e-mail to contact@So-shocking.com specifying the contact details of the person concerned and the subject of the correspondence.
Table of Contents
1. The Contract
2. The Offer
5. Pricing, billing and payment
7. Retention of title
8. Receipt of products
12. Limitation of liability
13. Personal Data - Privacy
14. Intellectual Property
16. Severability of the T&Cs
18. Applicable law - language - jurisdiction
1. The Contract
The purchase of items marketed on the Website is subject to these general terms and conditions of sale, which govern the relationship between you and the Company.
Thus, by placing your order on the Website, you acknowledge that you have read and accept, prior to the order, fully and without any reservation the GTC.
These GTC as well as the details of your order, once accepted by the Company, constitute the only contractual commitments between you and the Company and together form the contract (hereinafter "the Contract"). In accordance with Article 1127-1 of the French Civil Code, the Contract (including the GTCs) remains at your disposal on the Website, in your personal space, so that you can consult and reproduce it at any time. For your convenience, however, we recommend that you download them and keep them on your personal computer medium.
2. The Offer
The Company offers for sale at a distance a series of quality items recognized for their design, selected especially for the Website to allow you to place an order online.
For each item offered for sale, a sheet presenting its essential characteristics (qualitative and quantitative) is available. The Company endeavours to ensure maximum availability of the products it markets on the Website. However, the Company is not in a position to guarantee the permanent availability of each product, in particular insofar as certain products are only available in limited quantities and several Customers are likely to be interested in the same article simultaneously.
In the event that a product you have ordered is out of stock, the Company undertakes to inform you as soon as possible by any appropriate means (including by e-mail), and you will have the following choice:
- if the item concerned is likely to become available again quickly, to remain on standby for the availability of the product, the Company will then inform you in good time of the good availability of the item;
in any event and at any time,
- to cancel your order; you will then be reimbursed for the sums that you would have already paid at the latest under 14 (fourteen) days as from the cancellation of your order. Some gemstones offered on the So-shocking.com website and in the store, may have been subject to traditional lapidary practices, using colorless fluids and some pearls may have been bleached without the addition of coloring products or varnish.
These general embellishment practices are in accordance with Decree No. 2002-65 of January 14, 2002.
3.1 Conditions for placing an order
In order to place an order on the Website, you must:
- be at least 18 years old and have the legal capacity to place and honor any order or be the holder of a parental authorization allowing you to place and honor any order and be able to justify it at any time, upon request ;
- be a natural person acting in the context of your personal needs (in particular in the sense that any order you place must correspond to the normal needs of a private individual), or be a natural person or a legal entity "final purchaser" acting other than for the resale of the products thus ordered; and
- accept the T&Cs without reservation.
3.2 Placing an order
In order to finalize an order, after selecting and configuring (models, colors, customization, size etc.) the items of your choice from the Website, click on the "Add to Cart" button so that a summary page is automatically displayed. This summary page allows you to check the details, the total price and the accuracy of your selection before finally confirming your order. Once you have verified that the data entered in connection with your order and the delivery and payment terms are correct and that you have read and accepted the GTC, which you materialize by checking the box "I have read the general conditions of sale and I adhere to them without reservation", you are invited to confirm and pay your order. This will then be transmitted to the Company for processing.
No order can be taken into account if it is not immediately followed by the receipt by the Company of a valid means of payment.
3.3 Transaction security - application of 3D Secure (Fraud Detection)
3D Secure (also known as "Verified by Visa" and "MasterCard SecureCode") is a payment system by authentication aimed at strengthening the security of your online purchases.
How it works: after validating your bank details, you are transferred to your bank's website, a 3D Secure window is displayed and an authentication process, specific to each bank is implemented. Depending on your bank, you may be asked to:
- enter your date of birth;
- enter a code received by text message; or,
- answer a personal question.
This exchange of information between your bank and you is secure. It aims to verify the identity of the user of the means of payment.
For any question about the 3D Secure code (obtaining, loss, modification etc.), contact your bank directly.
CAUTION: after 3 failed authentications, your transaction is cancelled. Your card will be blocked after 3 cancelled bank transactions. Contact your bank then.
3.4 Receiving the order
As soon as the order is registered and within a maximum of 2 (two) working days from this registration, the Company will send you an order confirmation to the email address provided at the time of the order. A copy of the Contract (including the T&Cs) shall be given to you on this occasion.
This confirmation shall be deemed to be acceptance of your order by the Company, and the Company shall only be bound by your order as from the sending of this confirmation and subject to the receipt by the Company of the payment corresponding to your order.
Proof of the order shall result from the electronic forms that you have filled in on the Website and from the confirmation sent by the Company.
3.5 Modification of orders
Orders cannot in principle be modified due to their immediate execution.
However, in the event that you wish to modify an order made on the Website, we invite you to contact our Customer Service, by telephone, at the number referred to in the introduction hereto and this before the shipment of the ordered products. Customer Service will make its best efforts to consider with you the desired modification of your order, without however that no modification can be guaranteed by the Company.
5. Pricing, Billing and Payment
5.1. Pricing and billing
The price applicable to items marketed on the Website is the one displayed at the time you place your order (except in the case of a manifest error in displaying the price of the product on the site, derisory prices, bad faith on the part of the buyer, a resale price at a loss, a computer error). The prices displayed on the Website are likely to be modified at any time.
These prices are applicable within the framework of the sale on the Website only and do not make any proof within the framework of a sale in physical point of sale, whatever it is (and vice versa).
The prices are indicated in euros, all inclusive of tax (TTC), including the French VAT at the rate in force at the day of the order. For a delivery in the European Union, the invoice mentions this price including all taxes, the price excluding taxes and the amount of the French VAT legally applicable.
For a delivery outside the European Union, the invoice mentions the amount excluding taxes in accordance with article 5.4 below. Any transport costs are added to the price of the products and are mentioned separately before payment.
An invoice is drawn up for every order and is sent to you by e-mail at the time the order is dispatched by the Company.
Payment of the order is made online, at the time of placing the order, by any means of payment offered on the Website (Visa, Mastercard, American Express, Paypal, bank transfer, payment in 3 or 4 times without charge by Oney bank, or payment in installments with Sofinco).
At the time of payment, you guarantee that you are the holder and legitimate user of the means of payment used on the Website. The Company is not required to carry out any verification in this respect. However, if the Company were to be informed, in particular through the banking security system it uses, that a means of payment would be used fraudulently, it reserves the right to refuse the order concerned.
Orders are payable in euros only.
The preparation and shipment of the order takes place only after receipt of full payment.
5.3. Financing for individuals
If you wish to pay for your order in several installments, we have set up a partnership with Oney Bank allowing a simple and fast financing solution.
Orders are payable in euros only.
Our partner Oney Bank offers a financing solution called 3x 4x Oney, which allows you to pay for your purchases in 3 or 4 installments without charge with your bank card. Oney Bank's legal notices are available by selecting this option at the time of payment.
5.4. Sales outside the European Union
In the event that you place your order from a country outside of the European Union and/or request delivery outside of the European Union, you are considered the importer of the product(s) ordered in the country concerned.
For all products shipped outside of the European Union, the price will automatically be stopped and stated tax free on the invoice and on the postal and customs shipping forms. Customs duties, other local taxes, import duties or state taxes may be payable. These fees and charges are not the responsibility of the Company and do not fall under its responsibility. All such fees, taxes or duties (the list is not exhaustive) will be entirely at your expense and under your responsibility, both in terms of declarations and payments to the relevant authorities and/or organizations. It is strongly recommended that you contact the competent authorities in the country of importation for information on the fees applicable to the sale before placing any order.
Warning: you are informed that in the event of a sale outside the European Union, taxes and other fees and customs duties are likely to apply as soon as the items concerned pass through customs, and that these taxes, fees and duties cannot be claimed or refunded by the authorities concerned in the event that you wish to return the product or exercise your right of withdrawal. You therefore declare (i) that you are fully aware that regulations applicable outside the European Union, which may be applicable to the Contract, may give rise to taxes, fees and other customs duties which may not be refunded in the event of the return of the product or the exercise of the right of withdrawal and (ii) that you are fully responsible for the proper application of the regulations of the country in which you request the delivery of the items ordered. For its part, the Company declines all responsibility in this regard.
In the case of sales outside the European Union, resizing is not permitted for any item.
5.5 Payment of your order in 3 or 4 times without charge by CB from 100€ of purchases up to 4000€ for 3x and from 350€ to 4000€ for 4x with Oney Bank
Our partner Oney Bank offers a financing solution called 3x 4x Oney, which allows you to pay for your purchases from €100 to €4000 in 3 or 4 times without fees with your bank card.
Conditions: This offer is reserved for individuals (natural persons of age) residing in France and holders of a Visa and MasterCard bank card with a validity date greater than the duration of the financing chosen. Cards with systematic authorization such as Electron, Maestro, Nickel etc... as well as e-cards, Indigo and American Express cards are not accepted.
How to subscribe: After completing your order, simply click on the "3x 4x Oney payment by credit card" button. You will then be redirected to our partner's 3x 4x Oney web page, where you will find a detailed summary of your order and a personalized financing application, which you must then validate. You enter your personal information or, if you have a 3x 4x Oney account, you identify yourself using the login details linked to your 3x 4x Oney account. You read the general terms and conditions of payment in instalments to which you wish to subscribe, which are provided to you in PDF format so that you can read them, print them and save them before accepting them. You then notify your electronic acceptance by checking the corresponding box. You acknowledge that the "double click" associated with the check box on the acknowledgement of the general conditions is equivalent to consent to contract and constitutes an irrevocable and unreserved acceptance of the general conditions of the product. In the absence of proof to the contrary, the data recorded by Oney Bank shall constitute proof of all transactions between you and Oney Bank. If you apply for a financing solution offered by Oney Bank, the information relating to your order will be transmitted to Oney Bank, which will use it to study your application for the granting, management and collection of credit.
Oney Bank reserves the right to accept or refuse your application for 3x 4x Oney financing. You have a 14-day cooling-off period to withdraw from your loan.
Operation: The payment in 3 or 4 times without fees by credit card allows you to pay the order made on our website in the following way: - a compulsory contribution, debited the day of the confirmation of the acceptance of your order corresponding to a third or a quarter of the order - two or three monthly payments, each corresponding to a third or a quarter of the order, taken at 30 and 60 days after for the 3 times and at 30, 60 and 90 days after for the 4 times.
The payment in 3 times from 100€ of purchase and up to 4000€
Example : For a purchase of 150€, contribution of 50€ then 2 monthly payments of 50€. Credit over 2 months at a fixed APR of 0%. Cost of financing 0€.
Payment in 4 instalments from 350€ of purchase and up to 4000€
Example : For a purchase of 400€, contribution of 100€ then 3 monthly payments of 100€. Credit over 3 months at a fixed APR of 0%. Cost of financing 0€. Oney Bank - SA with a capital of 50,741,215€ - Head office: 40 avenue de Flandre 59170 CROIX - RCS Lille Métropole 546 380 197 - n° Orias: 07 023 261 -www.orias.fr - Correspondence: CS 60006 - 59 895 Lille Cedex 9 - www.oney.fr
6.1. Place of delivery
The delivery of the products ordered on the Website is operated according to your choice:
- to the address indicated at the time of your order by parcel post or carrier according to the option you have chosen; or else
- in one of the sales outlets in France of So-shocking Jewelry, the list of which is accessible by clicking on the link "Shop", by selecting the address of the sales outlet of your choice.
Delivery charges are indicated at the time of the order and their amount depends on the selected item and the selected delivery method.
Delivery date and/or delivery time are indicated at the time of ordering.
Indicative delivery time, from the date of shipment, is generally between 1 and 6 business days.
Once your order is shipped, a confirmation of the shipping date and the probable arrival date of your order is sent to you. In the event of a change of delivery address after the order has been placed, the delivery time may be extended.
If you are acting as a consumer within the meaning of the Consumer Code, in the event that the deadline for delivery of your order, as referred to above, is exceeded, which is not due to a case of force majeure, you may request the resolution of the Contract, by registered letter with acknowledgement of receipt or by a written document on another durable medium (the burden of proof belonging to the consumer), if, after having enjoined the Company, in the same manner, to carry out the delivery within a reasonable additional period, the latter has not complied within that period. If delivery of your items has not occurred between the sending and receipt of such letter, the Contract shall, if applicable, be deemed to be terminated upon receipt by the Company of the letter by which you inform us of your decision.
In such event, you will be refunded by any means of payment of the full amount paid, no later than fourteen days following the date on which the termination of the Contract was received.
7. Retention of Title
The items delivered to you remain the property of the Company until full payment of the price has been made (i.e., actually collected by the Company).
The transfer of ownership therefore occurs at the time all funds have been paid to the Company. The transfer of risks related to the items occurs, it, upon receipt of the products by the Customer or any third party designated by him.
8. Receipt of products
It is your responsibility to ensure the receipt of your order and to verify, at the time of said receipt, without delay, the conformity of all products shipped. Thus, if necessary, please indicate on the delivery slip, in the form of handwritten reservations accompanied by your signature, any anomalies noted (open package, damaged product, etc.). When the reserve could not be addressed on the delivery order, you can transmit the appropriate reserves to the carrier, by registered letter with acknowledgment of receipt, with a copy sent to the Company, within three (3) days following the receipt of the package.
Any claim, reserve or dispute must be precise and written to be authentic.
Accordingly, you are informed that any claim made to the Company's Customer Telephone Service, as referred to at the head hereof, must necessarily be confirmed by postal mail to the address appearing in the introduction or by email to contact@So-shocking.com, to be authentic.
In the event that an item that you have purchased on the Website, which can be resized, does not fit perfectly, we graciously offer you the possibility, within 30 calendar days following the day of receipt of the item concerned, to return it to us so that our workshops can proceed with the resizing. In particular, you must imperatively (otherwise your request cannot be taken in charge by our services) inform the Customer Service by postal mail to the address appearing in introduction or by email to the address contact@So-shocking.com,of your decision, before returning the products to us, indicating the new size requested and following exactly the return process that will be sent to you by e-mail. Your resizing request will only be considered once the Company acknowledges your return request in writing. The Company will use its best efforts to return your resized item to you within 7 calendar days.
Disclaimer: The Company will only take care of a resize if the following conditions are met:
- the request for resizing is requested by you within 30 days following the day of receipt of the item concerned;
- the item concerned can be resized and has not been the subject of a customization that prevents it from being resized (not all items can be resized; it is specified at the time of purchase whether the item can be resized);
- the item concerned is returned in perfect condition: the tamper-evident seal affixed by the Company, the stickers, labels etc. the article concerned is returned in perfect condition: the tamper-evident seal affixed by the Company, the stickers, labels, etc. have remained intact, the article has never been worn or used, and bears no trace of wear, scratches or traces of degradation (whether suffered or voluntary) in particular;
- the return of the article to size entails the personalization of the article concerned within the meaning of article L. 221-28 of the Consumer Code, so that by requesting a resizing you waive the return of the item concerned as well as the right of withdrawal that is granted to you under Article L. 221-18 of the Consumer Code referred to in Article 10 below;
- if the delivery of the item takes place in a Member State of the European Union.
10.1. Scope and exercise of the right of withdrawal
If you are a consumer within the meaning of the Consumer Code, and that, for whatever reason, the items you have ordered do not give you complete satisfaction, you have the right to withdraw under the conditions of Articles L. 221-18 et seq of the Consumer Code. The period starts to run from the day after the receipt of the item concerned and when the fourteen-day period expires on a Saturday, a Sunday or a holiday, it is extended until the next working day.
In accordance with Article L. 221-22 of the French Consumer Code, the burden of proof of the exercise of the right of withdrawal under the conditions provided for by Article L. 221-21 falls on you.
It is recalled that you may not exercise the right of withdrawal when the items you ordered have been the subject of an engraving or a personalized configuration, in the sense that they have been made to your own specifications or clearly personalized, and this in accordance with Article L. 221-28 of the Consumer Code and as set out in Articles 4 and 9 above.
10.2. Return of items
If you exercise your right of withdrawal on all or part of the items ordered and received, the items must be returned, at the latest within 14 days following the communication to the Company of your decision to withdraw, in perfect condition, complete (with their accessories), accompanied by their purchase invoice (or a copy in case of partial return), any certificates provided, blister packs, labels, protections, stickers affixed and the original packaging (gift box, case, notices, etc.. In particular, the Company affixes a seal to the items it markets that guarantees the authenticity of the products marketed, their perfect functioning and the fact that they have never been worn. You are informed that in order for an item to be returned under your right of withdrawal, the seal applied by the Company on the item concerned must have remained intact, providing proof that it has not been worn. Given the value of the products, it is recommended that you return them by post or courier, by tracking (e.g. Colissimo®) or by registered mail with acknowledgement of receipt, with insurance of a declared value corresponding to the purchase price of the product. As soon as the products have been recovered by the Company or as soon as you have provided proof of shipment of the products, the Company undertakes to reimburse you in full for the sums paid corresponding to the items returned, with the exception of additional costs in the event that the Customer has chosen a more expensive delivery method than the standard delivery method offered by the Company. This refund is made using the same payment method you used to pay for your order.
11.1. legal warranty
In accordance with the law, all products offered on the Website benefit from a legal guarantee of conformity (Articles L. 217-4 et seq. of the Consumer Code) and a legal guarantee against hidden defects (Articles 1641 et seq. of the Civil Code).
The legal provisions relating to these guarantees are as follows:
Article L. 217-4 of the Consumer Code:
"The seller delivers a good in conformity with the contract and is responsible for defects in conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was put at his expense 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° If it is fit for the purpose usually expected of a similar good and, where appropriate:
- if it corresponds to the description given by the seller and has the qualities that the latter has presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement by the parties or is fit for any special purpose sought by the buyer, brought to the attention of the seller and that the latter has accepted. "
Article L. 217-12 of the Consumer Code:
"The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods."
Article 1641 of the Civil Code:
"The seller is bound by the warranty due to hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lesser price for it, if he had known them."
Article 1648 paragraph 1 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."
It is specified that the legal guarantee of conformity of the consumer code only concerns you if you are acting as a consumer within the meaning of the consumer code. If you are not acting as a consumer, only the provisions of common law are applicable to you.
11.2. Used Products
The Company draws your attention to the fact that the second-hand items offered for sale on the Website are previously selected, appraised and revised by a professional watchmaker of the So-shocking Group for So-shocking.com, that these items are however sold "as is". The Company undertakes to repair without charge the product that may claim the benefit of this warranty, provided that it has been previously returned by you in the conditions that the Company will have communicated. A return of the product under conditions other than those specified above or outside the warranty period will not be eligible for the warranty.
It is recalled that, according to Article L. 217-16 of the Consumer Code:
"When the buyer requests from the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable good, a repair covered by the warranty, any period of immobilization of at least seven days is added to the duration of the warranty that remained to run. This period shall run from the time of the buyer's request for intervention or the making available for repair of the property in question, if this making available is subsequent to the request for intervention."
The benefit of this commercial warranty does not exclude the benefit of the legal warranty referred to in the article "Legal Warranty" above.
12. Limitation of Liability
The Company's liability as a result of a failure in the delivery or quality of an item is limited by express agreement to the price including VAT of the item concerned.
12.2 Exclusion of consequential damages
The Company shall not be liable for any consequential damages resulting from the use that the you intended to make of the products or the consequences of a failure of the item concerned.
12.3. Release of liability in case of fault not attributable to the Company
The Company shall not be held liable for the consequences of any of the following events which would tend to delay or prevent the placing of the online order and/or the delivery of the product and/or which would lead to a failure in the quality of the product:
- case of force majeure, as defined by the jurisprudence of the French courts;
- non-performance or poor performance of the Contract which would be attributable to you;
- the unforeseeable and insurmountable fact of a third party to the Contract.
13. Personal data - Confidentiality
The Company attaches particular importance to the respect of your privacy and the confidential treatment of your personal data and in doing so works to comply with the provisions of the French Data Protection Act of January 6, 1978 as amended and the General Data Protection Regulation (RGPD).
In particular, the Company processes your data in such a way as to ensure appropriate security of personal data, including protection against unauthorized or unlawful processing and against loss, destruction or damage of accidental origin, using appropriate technical or organizational measures (integrity and confidentiality).
13.1. Data collected
When you visit the Website, contact our Customer Service or write to us, we collect a certain amount of data that is personal to you, which results from your activity on the Website and the data you have communicated to us under the orders placed.
The information we collect as a result of exchanges between us, your visits to the Website and that you fill in may concern the following categories:
- civil status or registration data (surname, first name, company name, nationality, profession, addresses, e-mail addresses etc. ), contact data (telephone numbers, contact on social networks etc.);
- data related to the orders you make (type of products, size, customization);
- data related to your activity on the Website (orders placed, searches made, hours of visits etc.).
13.2 Purpose of the collection and use of your data
With a view to providing you with a quality experience, the Company will process and use the data collected about you to ensure the following purposes:
- to enable you to be identified in the context of purchases that you are likely to make on the Website;
- to ensure the follow-up of orders made on the Website (delivery, invoicing etc. to ensure the follow-up of the orders carried out on the Website (delivery, invoicing etc.);
- to answer possible questions that you could have on our products or with regard to our Customer Service;
- to ensure the follow-up of your visits on the Website and to remember your preferences at the time of your later visits (such as the address of delivery or the means of payment for example);
- to personalize as well as possible the offers which we can present to you according to your choices and preferences;
- to improve the efficiency of the Website and your customer experience;
- for marketing purposes, in order to provide you with offers from the Company and the Company's partners located in the European Union, which you expressly agree to;
- to comply with applicable regulations and if necessary to deal with any disputes.
13.3 Sharing your information with third parties
With a view to fully respecting your rights and protecting your personal data, the Company undertakes not to disseminate personal data concerning you to third parties to whom it has not entrusted a mission that would be aimed at the performance of the Contract. - transport operators;
- banking operators;
- the administration within the framework of declaratory obligations or any request from the institutions with which the Company must deal;
- any other third party whose intervention under the Contract may be necessary.
In any case, in the event that your consent is required for the transmission of your data to a third party, your consent will be collected beforehand from the Website and the related information will be brought to your attention.
13.4. Your Rights
Under the applicable regulations, you have the right to access, modify, rectify, limit, object to, delete (right to be forgotten), portability and object to the personal information collected by the Company about you at any time. Certain information concerning you may be updated at any time from your personal space on the Website.
In this respect, you guarantee that the data you provide is accurate and in accordance with reality. For any question or request concerning the exercise of your rights, send us your request (with proof of your identity) by e-mail to contact@So-shocking.com or by mail to the following address So-shocking.com BP 169 59001 Lille cedex
If you wish to object, at the time of collection, to the receipt of unsolicited commercial prospecting documents, you may send an e-mail to contact@So-shocking.com or a letter to So-shocking.com, BP 169, 59001 Lille cedex or specify it directly on the Website in the section reserved for this purpose.
You may also consult at any time the section My Account > RGPD - Personal data to access your data, download them, rectify them or make a deletion request. Any request will be processed as soon as possible and in any event within 30 days from the date of your request (subject to the complexity of the request).
You may also file a claim (complaint) with the Commission Nationale de l'Informatique et des Libertés (CNIL). The Company retains your personal data for as long as is necessary for the performance of the Contract and within the time limits set by the applicable regulations; your data is then destroyed.
13.5. Data controller
The person responsible for processing your personal data is: SAS CDJ Création So-shocking.com 6-8-10 rue de la Bourse - 59000 LILLE Tel: +33 3 20 12 02 13 e-mail: contact@So-shocking.com
The Company is likely to install cookies on the hard disk of your computer when you visit the Website. The purpose of these cookies is to facilitate your navigation on the Website (memorization of the shopping cart when ordering, access information to the customer's account, etc.) and may, where appropriate, also be used by the Company to offer you personalized service and information.
You can limit or delete these cookies at any time by modifying the settings of your internet browser. Deleting all cookies may, however, disrupt your browsing on the Website (in particular the saving of products in the shopping cart) and will prevent us from offering you an optimal personalized service and information. In the same way, cookies emanating from companies partners of the Company can also be installed on your computer, in order to identify your centers of interest according to your navigation on Internet, this in order to propose personalized advertisements to you.
These cookies emanating from third companies can be refused by contacting us at the address contact@So-shocking.com. In any event, in the event that your consent is required for the use of certain Cookies, your consent will be obtained in advance from the Website or from a third party website and the related information will be brought to your attention.
14. Intellectual Property
All the elements (drawings, models, illustrations, images, soundtracks, texts, logos, brands etc.) constituting the Website are the exclusive property of the Company. Accordingly, it is expressly forbidden for anyone to reproduce in whole or in part, by any process whatsoever (except as expressly provided herein), distribute, publish, transmit, modify or sell all or any part of the content of the Website, or to create derivative works therefrom.
You may not remove any copyright, trademark or other proprietary rights notices from the Website or any content contained therein. You may make a single copy of pages published on the Website for your own private, personal, non-commercial use, provided that any copy of such pages from the Website retains all proprietary intellectual property rights notices attached thereto.
Any failure by the Company to exercise any right shall not be construed as a final waiver of such right or a waiver of the T&C.
16. Severability of the T&Cs
If any provision of the T&Cs should be declared void or of no effect, the remaining terms shall remain in full force and effect. To the extent possible, such term would be replaced with a lawful term having as close effect as possible to the term declared void or invalid.
The Company reserves the right to transfer the rights and obligations under the Agreement, without notice, to any of its affiliates or to any entity that has control of the Company. If you wish to transfer the Agreement, you must obtain our express prior consent to such transfer.
18. Governing law - language - jurisdiction
The GTC and any order placed on the Website are subject exclusively to French law to the exclusion of the CISG relating to the sale of goods. The GTC are available in both French and English languages and only the French version is binding. In the event of a dispute that you and the Company are unable to resolve amicably, you may, in accordance with Article L. 612-1 of the French Consumer Code, refer the matter to the competent consumer mediator, either electronically or by post:
Centre for Mediation and Amicable Settlement of Judicial Officers
73, boulevard de Clichy 75008 Paris
In the event of legal recourse, only the French courts shall have jurisdiction. If you are not acting as a consumer, any dispute relating to the conclusion, interpretation or execution of an order falls under the exclusive jurisdiction of the Commercial Court of Lille.