Terms of service

Consumer rights: Nothing in these terms limits mandatory consumer rights, including statutory withdrawal rights and rights in the event of defective goods. Where a provision conflicts with those rights, the mandatory law prevails.

By visiting our services, interacting with them, or using them, you declare your consent to these Terms and Conditions and our Privacy Policy. If you do not agree with these Terms and Conditions or the Privacy Policy, you may not use or access our services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms and Conditions, you declare that you are of legal age in the state or region in which you reside and have given us your consent to allow your minor dependents to use the Services on devices that belong to you, that you have purchased, or that you manage.
To be able to use the Services, including accessing or navigating our online shops or purchasing products or services that we offer, you may be asked to provide certain information, such as your email address as well as billing, payment, and delivery information. You represent and warrant that all information you provide in our shops is accurate, current, and complete and that you are fully authorized to provide such information. You alone are responsible for the security of the login credentials for your account and for all activities on your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 – OUR PRODUCTS

We have made every effort to present our products and services in our online shops as accurately as possible. However, we point out that colors or the appearance of the products may differ from the colors displayed on your screen due to the device you use to access the shop, as well as its settings and configuration.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or match the representations in our online shops.
All product descriptions may be changed at any time and without prior notice at our sole discretion. We reserve the right to remove products from the assortment at any time and to limit the quantities of products that we offer to a person, in a geographic region, or within a jurisdiction on a case-by-case basis.

SECTION 3 – ORDERS

By placing your order, you are making a purchase offer. ROCCO reserves the right to accept or reject your order at its discretion for any reason. Your order is only considered accepted after confirmation by ROCCO. Acceptance of your order is conditional upon receipt and processing of your payment. Please check your order carefully before submitting it, as ROCCO may no longer be able to accommodate cancellation requests after an order has been accepted. If we do not accept, change, or cancel an order, we will try to notify you via the email address, billing address, and/or phone number provided at the time of the order.
The return or exchange of your purchases takes place exclusively in accordance with our right of withdrawal. You warrant and declare that your purchases are intended for your personal use or for use within your household and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING

Prices, discounts, and special offers may be changed without prior notice. The price charged for a product or service is the price valid at the time of order and is indicated in the order confirmation you receive by email. Consumer prices include applicable taxes. Any additional delivery charges and, where applicable, information about customs or import charges are disclosed before you commit to a purchase.  
The prices listed in our online shops may differ from the prices in physical stores or in online shops or other shops operated by third parties. From time to time, we may offer promotions for the services that may affect pricing and for which different terms and conditions apply than those present. In the event of discrepancies between the terms of a promotion and these terms and conditions, the terms of the promotion shall prevail. You must provide accurate billing details and use a payment method you are authorised to use.

SECTION 5 – SHIPPING AND DELIVERY

Delivery arrangements and charges are confirmed before purchase. Your mandatory rights in the event of delayed delivery remain unaffected. For consumer purchases, the risk of loss or damage passes when you or a person you nominate, other than the carrier, takes physical possession of the goods. A statutory exception may apply where you independently commission a carrier that we have not offered. 

SECTION 6 – INTELLECTUAL PROPERTY

Our services, including but not limited to all trademarks, service marks, texts, representations, images, graphics, product reviews, video and audio files, as well as their design, selection, and arrangement, are the property of ROCCO, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws. These Terms of Service permit you to use the services solely for personal, non-commercial purposes. Without our prior written consent, you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit the materials in the services. Unless expressly provided herein, no provision of these Terms of Service grants you a license or other rights to patents, trademarks, copyrights, or other intellectual property of ROCCO, Shopify, or third parties, nor can any such grant be inferred from these provisions. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by ROCCO.
The names, logos, product and service names, designs, and slogans of ROCCO are trademarks of ROCCO or its affiliates or licensors. You may not use these trademarks without ROCCO's prior written permission. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may gain access to customer tools offered by third parties as part of the Services, which we cannot monitor, control, or influence. 
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We disclaim any liability arising from or related to the use of optional third-party tools. 
The use of optional tools offered through the website is entirely at your own risk and discretion. You are responsible for familiarizing yourself with and accepting the terms under which the tools are provided by the respective third parties. 
We may also offer new features through the Services in the future (including the release of new tools and resources). Such new features are also considered part of the services and are subject to these General Terms and Conditions.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party features). We are not responsible for reviewing or evaluating the content or accuracy of materials or websites of third parties that you access at your own discretion. If you choose to leave the Services to access these materials or third-party websites, you do so at your own risk.
We are not liable for any damages or losses resulting from your access to third-party websites or from the purchase or use of products, services, resources, or content on third-party websites. You should carefully review the policies and procedures of the third party and ensure that you understand them before conducting any transaction. Complaints, claims, concerns, or questions regarding products and services from third parties should be directed to the respective third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

The ROCCO online store is hosted by Shopify, which allows us to provide you with the Services. However, all sales and purchases you make in our store are completed directly with ROCCO. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspects of the transactions between you and ROCCO, including any injuries, damages, or losses arising from purchased products and Services. You hereby expressly release Shopify and its affiliates from all liability for any claims, damages, and obligations arising from or related to your purchases and transactions with ROCCO.

SECTION 10 – PRIVACY POLICY
All personal data that we collect through the Services is subject to our Privacy Policy, which can be viewed here. In addition, certain personal data may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you confirm that you have read these privacy policies.
Since the Services are hosted by Shopify, Shopify collects and processes personal data about your access to and use of the Services in order to provide and improve the Services for you. Data that you transmit to the Services is shared with Shopify as well as with third-party providers, who may be located in countries other than the country in which you reside, in order to provide the Services to you. In our Privacy Policy,  you can find more information about how we, Shopify, and our partners use your personal data.

SECTION 11 – FEEDBACK

When you submit, upload, post, email, or otherwise transmit ideas, suggestions, Feedback, ratings, proposals, plans, or other content (collectively referred to as “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use. For example, we may use our rights under this license to operate, provide, evaluate, expand, improve, and promote the Services and to fulfill our obligations as well as exercise our rights under the Terms of Service. You also warrant and represent that: (i) you are the owner of all feedback content or have full rights to it; (ii) you have disclosed any compensation or incentives you have received in connection with submitting your feedback; and (iii) your feedback complies with these Terms and Conditions. We are not obligated to (1) treat your feedback as confidential, (2) pay compensation for your feedback, or (3) respond to your feedback. We reserve the right, but are not obligated, to monitor, edit, or remove feedback that we, at our sole discretion, consider to be illegal, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable, or that violates the intellectual property of any party or these Terms and Conditions. You warrant that your feedback does not infringe on the rights of third parties, including copyrights, trademark rights, privacy rights, personal rights, or other personal or property rights. You further warrant that your feedback does not contain defamatory or otherwise unlawful, offensive, or obscene statements and is free of computer viruses or other malware that could in any way impair the operation of the Services or any associated website. You may not use a false email address, impersonate another person, or mislead us or third parties regarding the origin of the feedback in any other way. You are solely responsible for your feedback and its accuracy. We assume no responsibility or liability for feedback posted by you or a third party.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information on or in the Services may contain typographical errors, inaccuracies, or omissions regarding product descriptions, pricing, promotions, offers, product shipping costs, transit times, and availability. In the case of inaccurate information, we reserve the right to correct errors, inaccuracies, or omissions, to change or update information, or to cancel orders, at any time and without prior notice (even after you have submitted your order).

SECTION 13 – PROHIBITED USES

You may access and use the Services only for lawful purposes. You may not directly or indirectly access or use the Services: (a) for unlawful or malicious purposes; (b) to violate international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or injure any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or reuse material that does not comply with these Terms and Conditions; (g) to send unsolicited advertising or cause it to be sent; (h) to impersonate or attempt to impersonate another natural or legal person, or (i) to engage in any other conduct that restricts or interferes with the use of the Services or that, in our discretion, could harm ROCCO, Shopify, or the users of the Services or expose them to liability. Furthermore, you agree to refrain from: (a) uploading or transmitting viruses or other types of malicious code that in any way impair the functionality or operation of the Services; (b) reproducing, duplicating, copying, selling, reselling, or exploiting any part of the Services; (c) collecting or tracking personal data of others; (d) engaging in spam, phishing, pharm, pretext, spider, crawl, or scrape activities; or (e) interfering with, impairing or bypassing the security features of the Services or associated websites. We reserve the right to suspend, disable, or close your account at any time and without notice if we determine that you have violated any part of these terms and conditions.

SECTION 14 – TERMINATION OF THE CONTRACTUAL RELATIONSHIP

We may terminate this agreement or your access to the Services (or parts thereof) at any time without prior notice at our sole discretion. You remain liable for all amounts due up to the date of termination of the contract.
The following sections shall continue to remain in effect even after the termination of the contractual relationship: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 15 – WARRANTY DISCLAIMER  

The information presented in or through the Services is for general informational purposes only. We make no warranty as to the accuracy, completeness, or usefulness of this information. If you rely on this information, you do so at your own risk. We disclaim any liability and responsibility that may arise from you or other visitors to the Services, or other persons informed of their content, relying on these materials. UNLESS EXPRESSLY PROVIDED BY ROCCO, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE MADE AVAILABLE FOR YOUR USE "AS IS" AND "AS AVAILABLE," WITHOUT EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 – LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, ROCCO, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, SHALL IN NO EVENT BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUE, LOST SAVINGS, DATA LOSS, REPLACEMENT COSTS, OR SIMILAR DAMAGES, WHETHER ARISING OUT OF CONTRACT, TORT (INCLUDING NEGLIGENCE), LIABILITY WITHOUT FAULT OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR THE PRODUCTS OBTAINED THROUGH THE SERVICES, OR FOR OTHER CLAIMS IN ANY WAY RELATED TO YOUR USE OF THE SERVICES OR A PRODUCT, INCLUDING BUT NOT LIMITED TO ERRORS OR OMISSIONS IN CONTENT OR LOSSES OR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR THE CONTENT (OR PRODUCTS) PUBLISHED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF THE POSSIBILITY OF SUCH DAMAGES WAS BROUGHT TO ATTENTION.

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless ROCCO, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to third parties arising from (1) your breach of these Terms of Service or the documents they refer to, (2) your violation of any law or the rights of a third party, or (3) arising from your access to and use of the Services. We will notify you of any compensable claims, provided that a failure to give prompt notice does not release you from your obligations, unless you are significantly disadvantaged as a result. We may control the defense and settlement of such a claim at your expense, including the choice of legal counsel, but we will not settle any claim that requires non-monetary obligations from you without your consent (which shall not be unreasonably withheld). You will cooperate in the defense of claims for damages, including by providing relevant documents.

SECTION 18 – SEVERABILITY CLAUSE

Should any provision of these General Terms and Conditions prove to be unlawful, void, or unenforceable, such provision shall nevertheless remain effective to the greatest extent legally permissible, and the unenforceable part shall be deemed severed from these General Terms and Conditions. The validity and enforceability of the remaining provisions shall remain unaffected by such a determination.

SECTION 19 – WAIVER CLAUSE, ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these General Terms and Conditions shall not constitute a waiver of such right or provision.
These General Terms and Conditions and all policies or operating rules published by us on this website or in relation to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede all prior or contemporaneous agreements, communications, and offers, whether oral or written, between you and us (including, but not limited to, previous versions of the General Terms and Conditions).
Ambiguities in the interpretation of these General Terms and Conditions shall not be construed against the party that drafted them.