TERMS AND CONDITIONS OF USE

The RODHOUSE platform (hereinafter referred to as the "Site") is managed and hosted by the company RODHOUSE SAS (hereinafter referred to as "RODHOUSE"), located at 46 rue Iluric, 56370 SARZEAU, France, registered with the RCS Vannes under number 528691306. Before browsing or registering on the Site, each User must read these Terms and Conditions of Use (hereinafter referred to as the "Terms"), the Privacy Policy (as defined in the Definitions Article below), as well as other mandatory provisions of the Site, whether or not mentioned in these Terms and Conditions, accept them, and commit to complying with them.

1. Definitions

Buyer - refers to any User who purchases or wishes to purchase one or more Item(s) on the Site.

Items - refer to goods/articles whose commercialization is not prohibited under applicable national law and which are added to the corresponding Site Catalog for the purpose of selling, exchanging, or giving.

Catalog - refers to the electronic catalog in which Items of the same type are listed, with all Users required to comply with the Catalog rules established by RODHOUSE.

User Account or Account - refers to the User's registration on the Site; the created account contains personal data.

Conditions - refer to these Terms and Conditions as well as all additional policies and conditions published on the Site defining the conditions under which RODHOUSE allows Users and Visitors to access and use RODHOUSE's Services.

Privacy Policy - refers to the document that defines how RODHOUSE collects, uses, retains, and transfers personal data and other important information of a Visitor or User.

Services - refer to all services offered on the Site.

Integrated Payment Service - refers to the online payment service for Items, accessible to the Buyer on the Site, with payment services being executed by Shopify via SHOPIFY PAYMENTS as well as PAYPAL.

Site - refers to the RODHOUSE website.

User - refers to any individual who has registered on the Site and accepted RODHOUSE's Terms and Conditions. For clarity, a User under these Terms and Conditions refers to an individual who is a consumer and acts as such.

Professional User - refers to any user using the Site for their professional activity. Professional Users can be sole proprietorships or nonprofit organizations (associations as defined by the law of July 1, 1901), duly registered in France.

Visitor - refers to any non-registered individual who may use the Site without registering, in accordance with the Terms and Conditions.

2. Purpose

2.1.

These Terms and Conditions define the relationship between RODHOUSE and the Users or Visitors, including the rules applicable to the registration and use of the Site by Users; By using or accessing the Site, you agree to be legally bound by these Terms and Conditions.

2.2

You can contact RODHOUSE by filling out the form available through the "Contact" section at the bottom of the website.

2.3.

The Services are not intended for minors. For minors, a parent or legal guardian (of legal age) must register for the use of the Services and supervise the minor's use of the Services.

2.4.

During registration on the Site, the User must provide their username (pseudonym), email address (directly or through their Facebook, Google, or Apple profile), and, if the User does not register through their Facebook, Google, or Apple profile, a password, which allows the Site to identify the User each time they access the Site. RODHOUSE may request certain confirmations regarding the User's Account for security purposes. Such confirmations may include confirming the User's phone number, requesting evidence from the holder of a credit card, or any other steps that RODHOUSE may implement at its sole discretion.

2.5.

RODHOUSE will process the User's personal data as described in the Privacy Policy, for the purpose of fulfilling these Terms and Conditions as a contract with the User and for other legal purposes.

2.6.

RODHOUSE may, at its sole discretion, modify the Terms and Conditions, including but not limited to:

Adapting the Terms and Conditions to current or upcoming legislative or regulatory provisions.
Adapting the Terms and Conditions to any decision made by a jurisdiction, consumer agency, or other competent authority that impacts the content of the Site or the Services offered on it.
Reflecting changes and developments in the way RODHOUSE manages its business.
Reflecting changes in market conditions or industry practices.

Unless the User terminates their relationship with RODHOUSE before the effective date of the modifications, the modified Terms and Conditions will be deemed accepted by the User. If the User objects within the specified timeframe, they may choose to terminate their relationship with RODHOUSE and close their RODHOUSE Account, in accordance with Article 15.3. Any modifications to the Terms and Conditions published on the Site will apply immediately to Visitors and Users who complete the online registration process after the publication of said modifications on the Site.

3. Services

3.1.

Subject to the conditions stated on the Site, Users may subscribe to paid Additional Services on the Site (at the rates indicated in the Price List and at the time of payment before concluding the Transaction).

3.2.

These Terms and Conditions, the Privacy Policy, and other rules of RODHOUSE published on the Site apply to Users and Visitors of RODHOUSE's Social Media Accounts, and they must comply with them.

4. Payment

4.1

RODHOUSE is authorized to collect fees for the Services provided in accordance with the rates indicated in the Price List.

4.2

All rates are expressed in euros (EUR), including any applicable taxes.

4.3

In the case of a Transaction conducted using the Integrated Payment Service, the Buyer's payment is made by credit card, debit card, virtual card, or any other approved means of payment for the Integrated Payment Service on the Site at the time of concluding the respective Sales Agreement.

4.4

In the case of a Transaction conducted via the Integrated Payment Service, the Buyer is charged the total amount (price of the Item, Shipping Fees, and taxes).

5. Liability

5.1

All Visitors and Users are fully responsible, as publishers, for all the information they post on the Site (including Reviews).

5.2

In this regard, Users and Visitors must refrain from (i) infringing upon the rights of third parties, infringing upon intellectual property rights, inciting crimes or offenses, discrimination, hatred, or violence related to race, ethnic origin, or nationality, (iv) providing inaccurate information or confidential information, (v) making defamatory statements, (vi) engaging in acts that could endanger minors, (vii) publishing personal data of other individuals or violating privacy rights, or (viii) impersonating someone else.

5.3

In the event that the Content does not comply with the applicable regulations in accordance with Article 11.2 or, in general, if a User or Visitor fails to comply with these Terms and Conditions, any User or Visitor acknowledges and accepts that they are solely responsible for the direct and indirect damages resulting from such actions towards third parties or RODHOUSE. Therefore, any User or Visitor acknowledges and accepts that, as a host, RODHOUSE does not verify the Content in any way and, to the extent permitted by law, shall not be held liable for said damages or losses suffered by Users and/or third parties. In particular, without limitation, RODHOUSE cannot be held responsible for (i) the actions or omissions of Users and Visitors, (ii) the information posted on the Site by Users and Visitors, their subjects, their accuracy, completeness, and/or compliance with applicable regulations.

5.4

RODHOUSE is not responsible for the Content uploaded by Users. Users are responsible for the Content they upload. RODHOUSE will remove User Content that has been duly notified to it in accordance with the applicable procedure and laws and that violates applicable laws and/or RODHOUSE policies, which encompass all rules governing the use and operation of the Site. RODHOUSE may take actions against the User, including regarding the use of their Account. If a User or Visitor discovers Content that promotes crimes against humanity, incites racial hatred and/or violence, involves child pornography, or any other illegal content, it should immediately inform RODHOUSE:

By sending an email to contact@rodhouse.fr.
By sending a letter describing the details of the incident to the following address: RODHOUSE, 46 rue Iluric, 56370 SARZEAU, France. If such Content is reported, RODHOUSE will immediately suspend the User's Account without notice and remove the relevant Content in accordance with the Terms and Conditions. RODHOUSE will suspend ongoing Transactions during the investigation, which may result in RODHOUSE taking one of the measures provided for in Article 13. If a User believes that Content may violate these Terms and Conditions and/or their rights and/or the rights of a third party (e.g., infringement, insult, privacy violation), Users may notify RODHOUSE:

5.5

RODHOUSE is not responsible for any tax obligations or reporting requirements that may be applicable to Professional Users due to their activities on the Site in relation to Transactions conducted on the Site. Users are solely responsible for any tax reporting obligations, if applicable, under the relevant legislation.

5.6

RODHOUSE cannot be held liable for unforeseeable events such as cyber-attacks, data transmission security breaches, or performance guarantees regarding the volume and speed of data transmissions. In these circumstances, it is the responsibility of Users to take all appropriate measures to protect their own data and/or software, including protection against potential viruses circulating on the Internet.

6. Obligations of Every User

6.1

Every User agrees to:

Provide truthful information about themselves, including their username and email address, during registration on the Site.
Register on the Site only once and not create more than one Account, except in cases where a User desires to have both a personal Account and a professional RODHOUSE Account. However, in this case, the User cannot register using the same email address, and these Accounts must be clearly separated.
Not copy the information posted on the Site by RODHOUSE or another User of the Site, nor use it unlawfully.

6.2

Users and Visitors agree, during their use of the Site, to comply with the following rules:

Not use (including share and/or publish) misleading or inaccurate information and/or data.
Not use (including share and/or publish) photographs for which the User does not hold intellectual property rights (typically photos found on the Internet), or photographs that contain links to other websites.
Not use (including share and/or publish) photographs that depict other individuals besides the User, unless those individuals have given their consent for the publication of those photographs, or photographs that are or may be considered contrary to decency and/or public order (e.g., erotic photographs, pornographic photographs, or photographs depicting violent content).
Not infringe upon the property rights and/or personal rights of third parties (including intellectual property rights).
Not violate applicable laws and/or regulations.
Not act contrary to public order and/or morality.
Not use (including share and/or publish) programs and/or computer files that contain viruses or that could (i) disrupt the normal functioning of the Site and/or Services, (ii) infect Users' computers and consequently cause harm to the User or their property, or (iii) prevent the User from using the Site, Services, or the User's computer.
Not propose, share, or otherwise promote links to other websites and/or companies that provide services similar to those offered on the Site.

6.3

The User agrees to keep their username and password confidential in relation to third parties.

6.4

The User agrees to promptly update any information on the Site that becomes irrelevant due to changes in their data (especially those provided at the time of registration on the Site).

6.5

When using the Site, the User or Visitor declares:

(i) to be an individual aged at least 18 years old (otherwise, registration must be done by the parent(s) or legal guardian on their behalf),
(ii) to use all the Services of the Site to meet their personal needs unrelated to professional activities, and
(iii) to have full capacity and all the rights to carry out Transactions on the Site.

The User also declares:

to accept and comply with the General Terms and Conditions and all other contractual documents, such as the Privacy Policy, Security Policy, and other rules of the Site,
to understand that they are fully responsible for the Transactions conducted,
to understand that after ordering an item, they are committed to purchasing or exchanging that item, and the non-completion of this Transaction may require them to compensate the losses incurred by the Seller,
to understand that they will be required to pay RODHOUSE if they decide to use the additional paid Services according to the rates and procedure indicated in the Pricing List.

7. Rights and obligations of Rodhouse

7.1

RODHOUSE may prohibit Users and Visitors from using the Site, either in whole ("Total Block") or in part ("Partial Block"), as detailed below (stating the reasons for this prohibition or limitation), including canceling the User's Account and preventing the User from re-registering on the Site or preventing the Visitor from accessing the Site, provided that RODHOUSE sends an official notification prior to this to the User or Visitor if:

They provide incorrect, misleading, and/or incomplete information according to the General Terms and Conditions at the time of their registration on the Site or their use of the Site.
They deliberately and intentionally provide false information on the Site, insult others, or act inappropriately.
They use the identity of another User of the Site or engage in any other unlawful conduct.
They connect from the same IP address or computer as the one that was blocked due to violations.
They have received at least three warnings from RODHOUSE.

The User should be aware that after a "Total Block," they will no longer have the right to re-register on the Site. In the event of cancellation of the User's Account, RODHOUSE may retain certain information, in accordance with RODHOUSE's Privacy Policy, to the extent necessary to reconstruct the circumstances under which RODHOUSE made the decision to cancel the User's Account and to transfer this data to law enforcement institutions and authorities responsible for law enforcement.

7.2

RODHOUSE, after being duly informed in accordance with the above article or by the competent authorities, will immediately remove any unlawful Content. Indeed, RODHOUSE may, at any time, remove from the Site the Evaluations added by a User or any other information provided by a User if such information is contrary to the General Terms and Conditions, applicable regulations, or violates public morality or public order.

7.3

RODHOUSE may investigate any violation of the General Terms and Conditions and inform the relevant institutions and authorities.

7.4

RODHOUSE may, at any time, reorganize the Catalog or other information about the Articles, provided that these changes do not modify the Content provided by a User, in order to make the Site more user-friendly. RODHOUSE may publish News at any time containing descriptions, instructions, rules, or other information related to the subject matter of the News.

7.5

RODHOUSE may, at any time, publish News or other communications on the Site regarding short and long-term offers, contests, games, or promotions in accordance with national law, to promote new Services or third-party goods or services. Special conditions may apply. Information regarding offers, contests, games, or promotions in compliance with national law will be provided on the Site. In case of inconsistencies between the General Terms and Conditions and the specific conditions published on the Site applicable to the News, the latter will prevail.

8. Personal data

8.1

The Privacy Policy describes the personal data of Users collected by RODHOUSE and the purposes for which this data will be processed by RODHOUSE. The Privacy Policy and any part thereof are not considered contractual clauses and are not part of these General Terms and Conditions.

8.2

These General Terms and Conditions contain regulated obligations of RODHOUSE. For the purpose of performing our obligations under these General Terms and Conditions to you, the processing of personal data concerning you is necessary and partly based on our contractual obligations to you. The processing of data exceeding our contractual obligations is always based on another legal basis in accordance with the Privacy Policy.

8.3

When you independently and separately process data from RODHOUSE, it is your responsibility to ensure compliance with applicable data protection laws (in particular, the General Data Protection Regulation) and privacy protection. This includes, but is not limited to, the obligation to inform the individuals concerned in accordance with Articles 12, 13, and 14 of the General Data Protection Regulation and to have a legal basis for processing personal data.

8.4

You are required to provide RODHOUSE with only accurate data. When there are changes to your data (such as your address or last name), you must promptly notify these changes by modifying the information in your Account. Damages and non-compliance resulting from the provision of incorrect data on your part are your sole responsibility, unless applicable data protection and privacy laws prevent you from being solely responsible for such damages and non-compliance.

9. Applicable Law, Dispute Resolution, and Termination

9.1

These Terms and Conditions are governed by the national law of the User.

9.2

In the event of a dispute between RODHOUSE and a User, RODHOUSE encourages Users to first contact RODHOUSE in all cases to seek an amicable solution. The User may:

First submit a written complaint to the Customer Service using the contact form located in the footer of the website.
In the absence of a satisfactory response from this service within a reasonable period of one (1) month, the User and RODHOUSE will make their best efforts to attempt an amicable settlement of the User's complaint. (contact@rodhouse.fr)
If the problem is not resolved or if the User is not satisfied with the outcome, they may resort to alternative dispute resolution methods such as consumer mediation. RODHOUSE is not obliged and does not commit to using such alternative methods to resolve disputes with Users.

9.3

A User may terminate their relationship with RODHOUSE at any time, with immediate effect, after fulfilling all their obligations resulting from Transactions they have made prior to the termination of their relationship with RODHOUSE. A User may terminate their relationship with RODHOUSE by deleting their Account or by sending an email. RODHOUSE may terminate its relationship with a User upon written notice of thirty (30) days, provided in writing or electronically. Additionally, RODHOUSE may also terminate its relationship with a User for the following reasons (without limitation), with immediate effect:

In case of violation of the provisions of these Terms and Conditions.
In case of violation of the provision regarding the uploading of Content that promotes crimes against humanity, incites racial hatred and/or violence, or involves child pornography.
In case of violation of a User's obligations.
In case of violation of Article 4.1, including the uploading of photographs and/or Content that infringes the intellectual property rights of a third party or represents third parties without obtaining their prior consent.
In case of fraud, fraudulent activity, abuse, or misuse of RODHOUSE's services by a User.
In case of violation of the law.
When a User has objected to the modification of these Terms and Conditions.

9.4

RODHOUSE and its group companies hold all rights, including intellectual property rights, related to the Site, particularly its system (Catalog, distribution, etc.), layout, and design of the Site, software used by and for the Site, trademarks, and domain names used by and for the Site.

9.5

The uploading of information or data, including photographs, on the Site, referred to as "Content," means that Users of the Site or Services hereby grant RODHOUSE and any company belonging to the RODHOUSE Group a non-exclusive, worldwide, royalty-free license to use the Content for the entire duration of applicable rights, including any extensions thereof. This license includes the right to use, copy, reproduce, display, and adapt the Content. RODHOUSE may use the Content on any known or unknown media, including television, newspapers, the internet (in banners, articles, and other websites), and social media platforms (Facebook, Twitter, Instagram, etc.), for operational, commercial, advertising, and internal purposes of the RODHOUSE Group, which all Users accept. Users are solely responsible for the Content and confirm that they own all rights to the Content.

9.6

All notifications, requests, and other information exchanged between any User and RODHOUSE will be sent as indicated in the Terms and Conditions, via the contact form on the Site, and/or by email to the email address provided during registration on the Site.

9.7

The Terms and Conditions do not create a partnership (in any legal form), an employment relationship, a relationship between a commercial agent and their client, or a franchise relationship between RODHOUSE and Users.

9.8

Subject to applicable data protection laws, RODHOUSE may transfer and/or assign all rights and obligations arising from these Terms and Conditions to any third party, including in the event of a business transfer, merger, consolidation, spin-off, or any change in control affecting RODHOUSE, provided that such transfer or assignment does not diminish consumer rights protection. Such transfer or assignment releases RODHOUSE from any obligation as the operator of the Site, particularly towards its Users and Visitors, for the future. In the event of a transfer and/or assignment of these rights and obligations to third parties, any User may immediately terminate their relationship with RODHOUSE and close their Account. Users may not transfer or assign any or all of their rights and obligations arising from these Terms and Conditions.

9.9

A User may raise objections at any time regarding the access, use, or exploitation of the Site or Services through a notification. Notifications must be sent to RODHOUSE via the form on the Site or by mail to RODHOUSE, 46 rue Iluric, 56370 SARZEAU, France. For any legal inquiries, please contact RODHOUSE at this address: contact@rodhouse.fr.

9.10

If any part of the provisions in these Terms and Conditions is deemed by a competent authority to be invalid, illegal, or unenforceable to any extent, that term will be separated to the extent necessary from the remaining terms, which will continue to be valid and enforceable to the fullest extent permitted by law.

9.11

These Terms and Conditions and all documents referred to herein constitute the entire agreement between RODHOUSE and any User and supersede and terminate all prior agreements, promises, assurances, warranties, representations, and arrangements between RODHOUSE and any User, whether written or oral, regarding their subject matter. RODHOUSE and each User agree that by accepting these Terms and Conditions, they have relied on any statement, representation, assurance, or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions or in any document referred to herein. Neither RODHOUSE nor a User shall have any claim for innocent or negligent misrepresentation based on any statement in these Terms and Conditions or in any document referred to herein.

Términos de servicio