Summary
- Chapter - Photo Gallery #Rascol (UGC)
- Article 1 - General Provisions
- Article 2 - Application of the Terms and Conditions of Sale
- Article 3 - Creation of a Customer Account
- Article 4 - Orders and Purchases
- Article 5 - Price & Payment
- Article 6 - Deliveries
- Article 7 - Warranty
- Article 8 - Customer Service
- Article 9 - Liability
- Article 10 - Intellectual Property
- Article 11 - Independence of Clauses
- Article 12 - Applicable Law and Mediation
Chapter – Photo Gallery #Rascol (UGC)
The website www.rascol.com (hereinafter the "Site") is published by the company Rascol Haberdashery, , Simplified Joint-Stock Company (SAS) with a share capital of €100,000, whose registered office is located Rascol, Chemin de la Condamine, 34110 Vic-la-Gardiole, France, registered with the Trade and Companies Register of Montpellier under the number 491,544,458, and whose intra-community VAT number is It appears that "FR04491544458" is a reference number or code rather than a text to translate. Could you please provide the specific French text you would like translated into English for your PrestaShop e-commerce website? ("RASCOL").
Publication Director: Mister Rascol Thomas, Manager.
To contact us:
Phone: 08 20 56 70 52
Email: contact@rascol.com
Address: Rascol, Chemin de la Condamine, 34110 Vic-la-Gardiole, France
The Site is hosted by the company Profileo.
The photo gallery #Rascol (the "Gallery") features a selection of photographs posted by users showcasing the brand Rascol and the products it distributes (the "Photo(s)").
ARTICLE 1 - Purpose
These terms govern the use of the Gallery (the "Terms of Use #Rascol") by any user, a natural person aged at least sixteen (16) years ("You"). The Gallery is visible to anyone on the Site. By browsing the Site, You acknowledge that you have read and fully accept without reservation the general terms of use of the Site.
Flowbox is a social platform used by RASCOL to collect the photos you have shared on Instagram with the hashtags #Rascol and/or #mercerie_rascol, and to manage their moderation and, if necessary, the request for usage rights from the owners of these Photos. This platform also allows managing the Gallery and offers the option to upload Photos directly through the Gallery interface.
The data collected by Flowbox on behalf of RASCOL is used exclusively by RASCOL for the sole purposes of managing, moderating, and publishing the Gallery, in accordance with this chapter. No data is transmitted to third parties other than Flowbox (technical service provider), and it is not shared with subsidiaries.
RASCOL reserves the right to modify these terms and conditions at any time. They will apply as soon as they are posted online. We encourage you to review them regularly.
ARTICLE 2 - Access
The Gallery is open to all internet users who meet the age requirements mentioned above, provided they have an Internet connection. Creating a customer account may be necessary if you wish to upload your Photos via the upload interface.
ARTICLE 3 - Publication of Photos
3.1 Publishing via Upload to the Gallery
You can directly upload your photos to the Gallery. Before uploading your photo, you will need to register by providing your first name or a username that will identify your photo, as well as your email address. Photos will only be displayed in the Gallery after verification that they meet the moderation criteria below, within a period of up to ten (10) days.
3.2 Posting via Instagram
Your photos published on your public Instagram account and associated with the hashtag #Rascol and/or #mercerie_rascol can be collected via Flowbox and selected by RASCOL to appear in the Gallery.
When necessary, RASCOL may request your permission before using your Photo (notably through the Flowbox rights request system). Without authorization, the Photo will not be used.
ARTICLE 4 - Selection Criteria
Photos published directly in the Gallery or collected via Instagram are subject to selection by RASCOL. The photos must showcase at least one RASCOL product and allow for its identification. Photos must be clear and of good quality (square format is preferred). Montages, collages, playful or distorting filters, and text overlays on the photos are not accepted. It is prohibited to display a third-party brand or any distinctive sign of a third-party brand not sold on the Site, either in the photo or in its caption.
ARTICLE 5 - Moderation
RASCOL reserves the right to refuse or remove any Photo or content:
- contrary to good morals (indecent, obscene, encouraging alcohol consumption or smoking) ;
- containing insulting, offensive, hateful, racist, anti-Semitic, xenophobic, or defamatory remarks ;
- contrary to the protection of children ;
- inciting violence, hatred, or discrimination ;
- Of a pornographic or pedophilic nature ;
- infringing on personality rights, copyright, image rights, neighboring rights, or trademark rights.
ARTICLE 6 - Warranties
You guarantee that you hold the copyright to the Photos published and have the necessary authorizations regarding the image rights of the individuals appearing in the Photos. The publication of Photos by minors or featuring minors requires prior consent from their legal representatives. You agree to indemnify RASCOL against any third-party claims related to the Photos, particularly concerning intellectual property rights and/or image rights.
ARTICLE 7 - Authorization for Use of Photos
By uploading a Photo via the Gallery upload and/or expressly authorizing RASCOL to use a Photo collected via Instagram (if applicable through the Flowbox rights request), you grant RASCOL permission to use, reproduce, display, and distribute the Photo, in whole or in part, on the following media (non-exhaustive list): website, product pages, newsletters, marketing materials, social networks, banners, communication campaigns, and more generally on any RASCOL communication medium, in all formats.
RASCOL may make technical adjustments to the Photo (cropping, resizing, display optimization) provided that this does not cause you any harm. This authorization is granted free of charge, worldwide, and for the entire duration of the legal protection of copyright.
ARTICLE 8 - Request for removal of a photo
Any request to delete a Photo published in the Gallery must be sent by email to: contact@rascol.com.
ARTICLE 9 - Personal Data
The data is collected by MERCERIE RASCOL (data controller) after obtaining the individual's consent. It is intended for the internal departments of RASCOL and the company. Flowbox (technical service provider) to ensure the management, moderation, and publication of the Gallery.
In accordance with the GDPR, you have the right to access, rectify, delete, limit, and object to the processing of your personal data. To exercise your rights or for any questions, please contact: contact@rascol.com. If, after contacting us, you believe that your rights have not been respected, you may file a complaint with the CNIL.
Article 1 – Definitions
These General Terms and Conditions of Sale (hereinafter referred to as the "GTC") are offered by Rascol SAS, with a share capital of €100,000, registered with the Montpellier Trade and Companies Register under number 491,544,458, whose registered office is located Chemin de la Condamine, ZAC Vic les Étangs, 34110 Vic-la-Gardiole.
For the interpretation of the Terms and Conditions of Sale, the following terms are defined as follows:
- "Site" It appears that the text to be translated is missing. Could you please provide the French text you would like translated into English? www.rascol.com and all of its pages.
- "Products" or "Services" : all products (materials) and services (offerings) available for purchase on the Site.
- "Seller" : Rascol, the company operating the Site, offering its Products or Services.
- "Customer" : any person (individual or professional) making a purchase on the Site.
- "Consumer" : any natural person acting for non-professional purposes, according to the Consumer Code.
By accessing the Site and making a purchase, the Customer acknowledges having read, understood, and accepted all of these Terms and Conditions of Sale, without any restriction or reservation.
Article 2 - Application of the Terms and Conditions of Sale
The Seller reserves the right to modify the Terms and Conditions of Sale (T&Cs) at any time by publishing a new version on the Website. The T&Cs applicable to the Customer are those in effect on the day of their order on the Website.
The legal information concerning the host and the publisher of the Site, the collection and processing of personal data, and the terms of use of the Site are provided in the general terms and conditions of use, the legal notices, and the data policy of this Site.
This Website offers online sales of products.
The Site is freely and freely accessible to all Customers. The purchase of a Product or Service implies the Customer's acceptance of all of these General Terms and Conditions of Sale (GTC), who thereby acknowledges having fully read them. This acceptance may consist, for example, for the Customer, of ticking the box corresponding to the acceptance phrase of these GTC, such as the statement "I acknowledge that I have read and accepted all the general conditions of the Site." Checking this box will be deemed to have the same value as a handwritten signature from the Customer.
Acceptance of these Terms and Conditions implies that Customers have the necessary legal capacity to do so. If the Customer is a minor or does not have this legal capacity, they declare that they have the authorization of a guardian, curator, or their legal representative.
The Customer acknowledges the evidential value of the Seller's automatic recording systems and, unless they provide proof to the contrary, agrees not to dispute them in the event of a dispute.
Article 3 - Creation of a Customer Account
Creating a "customer account" is a mandatory prerequisite for any order placed by the Customer on this Site. To this end, the Customer will be asked to provide a number of personal information such as their first and last name, email address, postal address, and phone number, among others. In this regard, the Customer agrees to provide accurate information. The Customer is responsible for updating their data and must promptly notify the Seller of any changes. The Customer is solely responsible for the truthfulness, accuracy, and relevance of the information provided.
The Customer registered on the Site has the possibility to access it by logging in using their credentials (email address provided during registration and password). The Customer is fully responsible for protecting the password they have chosen. They are encouraged to use complex passwords. In case of a forgotten password, the Customer can generate a new one. This password guarantees the confidentiality of the information contained in their "my account" section, and the Customer is therefore prohibited from sharing or disclosing it to any third party. Otherwise, the Seller cannot be held responsible for unauthorized access to a Customer's account.
The customer account allows the Customer to view all their orders placed on the Site. If the data contained in the customer account section were to be lost due to a technical failure or force majeure, the Seller's liability could not be held, as this information has no evidential value and is for informational purposes only. The pages related to the customer account can be freely printed by the account holder but do not constitute proof; they are intended solely for informational purposes to ensure effective management of the Customer's orders or contributions.
Each Customer is free to close their account on the Site. To do so, they must send an email to the Seller indicating that they wish to delete their account. Once deleted, no recovery of their data will be possible.
The Seller reserves the exclusive right to delete the account of any Customer who has violated these Terms and Conditions (including, but not limited to, cases where the Customer knowingly provided false information during registration and the creation of their personal account) or any account that has been inactive for at least one year. Such deletion shall not be considered as causing any damage to the Customer, who shall not be entitled to any compensation as a result. This exclusion does not prevent the Seller from initiating legal proceedings against the Customer when the circumstances justify it.
The information collected is intended for Rascol, the data controller. We use this information to process orders, deliver products, and communicate with you regarding your orders, products, and promotional offers (if you have agreed to receive the newsletter when creating your customer account). If you do not fill in the mandatory fields marked with an asterisk, we will not be able to deliver your order. This data is not shared with third parties (except the carrier to enable delivery of the order). We do not sell personal data.
In accordance with the "Data Protection and Privacy" law of January 6, 1978, amended on August 6, 2004, you have the right to access and rectify the information concerning you. If you wish to exercise this right and obtain communication of the information concerning you, please contact our Data Protection Officer by email at contact@rascol.com or by mail to "Mercerie Rascol - Privacy Department - CS 80045 - 34433 St Jean de Vedas Cedex". You may also, for legitimate reasons, object to the processing of your personal data.
Article 4 - Orders and Purchase Process
The Products and Services offered are those listed in the catalog published on the Site. These Products and Services are available while stocks last. Each Product is accompanied by a description provided by the Seller based on the descriptions supplied by the supplier.
The photographs of the Products in the catalog provide an accurate representation of the Products and Services offered but do not constitute a contractual commitment, as they cannot guarantee an exact match with the physical Products.
Below, the term "Cart" will be defined as the intangible object grouping all the Products or Services selected by the Customer on the Site for the purpose of a purchase by having clicked on these items. To place an order, the Customer chooses the Product(s) they wish to order by adding them to their "Cart," the contents of which can be modified at any time.
As soon as the Customer considers that they have selected and added to their cart all the Products they wish to purchase, they will have the option to validate their order by accessing their cart by clicking on the designated button. They will then be redirected to a summary page where the quantity and characteristics of the ordered Products, as well as their unit price, will be displayed.
If the Customer wishes to confirm their order, they must check the box agreeing to these Terms and Conditions and click the confirmation button. The Customer will then be redirected to a page where they will need to fill out the order form fields. In this form, they will be required to provide certain personal information necessary for the proper processing of the order.
All orders placed on the Site must be duly completed and include the required information. The Customer may make changes, corrections, additions, or cancel the order up until its confirmation.
Once the Customer has completed the form, they will be invited to make their payment using the payment methods listed in the payment section of these Terms and Conditions. After a short while, the Customer will receive a confirmation email, reminding them of the order details and the total price.
The Products sold remain the property of the Seller until full payment of their price has been made, in accordance with this retention of title clause.
Article 5 - Prices and Payment Terms
Unless otherwise stated, the prices listed in the catalog are in Euros, including all taxes (TTC), reflecting the VAT applicable on the day of the order and excluding any possible handling and shipping fees.
VAT is applied based on the delivery location of the order.
Rascol reserves the right to pass on any changes in the VAT rate to the price of Products or Services. The Seller also reserves the right to modify its prices at any time. However, the price listed in the catalog on the day of the order will be the only one applicable to the Customer.
The Customer can place an order on this Site and make payment by credit card, PayPal, check, or money order. Credit card payments are processed through secure transactions provided by an online payment platform service provider.
Payment in multiple installments with Alma in 2x, 3x, or 4x:
Payment in installments/deferred payment is available through our partner Alma. Payment security is ensured by Alma and its service providers. All payments are protected by 3D Secure.
Purchase amount
- P2X: Only purchases between €50 and €3,000 are eligible for payment with Alma.
- P3X: Only purchases between €75 and €3,000 are eligible for payment with Alma.
- P4X: Only purchases between €100 and €3,000 are eligible for payment with Alma.
Shipping fees
- P2X: 0.78% per order
- P3X: 1.57% per order
- P4X: 2.35% per order
Payment in 10 or 12 installments with Alma
Finance your order in 10 or 12 monthly installments by credit card for purchases from €500 up to €4500 with Alma.
Rascol offers its Customers the Alma credit service for the payment of their purchases and the execution of the payment. This is subject to the Customer's acceptance of the Terms of Use or the credit agreement proposed by Alma.
Any refusal to grant credit by Alma for an order may result in the cancellation of that order.
Purchase amount:
Only purchases between €500 and €4500 are eligible for payment with Alma.
The amount is paid through a credit granted by Alma SAS, registered with REGAFI under number 90876.
Payment:
Credit payment is available for purchases through our partner Alma. The execution of the payment is subject to the signing of the credit agreement offered by Alma. The Seller hereby accepts in advance the granting of credit concluded between Alma and the customer in accordance with Article L312-46 of the Consumer Code. If Alma agrees to grant credit to the customer, the amount will be paid by credit in accordance with Article L312-45 of the Consumer Code. Any refusal by Alma to grant credit for an order may result in the cancellation of that order, unless the customer agrees to pay in full. Any termination of the General Terms and Conditions of Sale binding the Seller and the customer will result in the termination of the credit agreement between Alma and the customer. In case of withdrawal, the customers' fees and interest will be refunded in accordance with the regulations.
Security:
Payment security is ensured by Alma and its service providers. All payments are protected by 3D Secure. Alma is a payment processing manager and issues an electronic certificate that serves as proof of the amount and date of the transaction in accordance with the provisions of articles 1316 and following of the Civil Code.
Special case:
In the case of a sales contract or service contract with successive performance or delivered over a fairly long period, the Seller must specify in their General Terms and Conditions of Sale (GTC) the start time of the delivery or provision. For more details, you can contact the Alma team at support@getalma.eu.
Alma is a telepayment manager and issues an electronic certificate that will serve as proof of the amount and date of the transaction in accordance with the provisions of Articles 1316 and following of the Civil Code.
Termination:
Any termination of the Terms and Conditions of Sale (T&CS) between Rascol and the customer will result in the termination of the Terms of Use (ToU) between Alma and the customer.
For any complaints, please visit the Alma website: https://help.almapay.com/
For any questions related to the creation of your Alma account, please do not hesitate to contact ALMA at compliance@getalma.eu.
This Site does not have access to any data related to the Client's payment methods. Payment is made directly to the bank or payment service provider receiving the Client's payment. In the case of payment by check or bank transfer, the delivery times defined in the "Deliveries" article of these General Terms and Conditions of Sale (GTC) only begin to run from the date of actual receipt of payment by the Seller, who may prove this by any means. The availability of Products is indicated on the Site, in the descriptive sheet of each Product.
Rascol will archive order forms and invoices on a reliable and durable medium, constituting a faithful copy in accordance with the provisions of Article 221-1 of the Consumer Code. The computerized records will be considered by both parties as proof of communications, orders, payments, and transactions between the parties.
Article 6 - Delivery
Shipping fees will be indicated to the Customer before any payment is made. The Site has no geographical delivery restrictions; orders can be shipped worldwide.
In the case of delivery of a Product outside the territory of the European Union and to the Overseas Departments and Territories, the Customer declares themselves as the importer of the Product and agrees that, in such cases, the Seller may be unable to provide accurate information regarding the total amount of fees related to customs duties, formalities, or import taxes applicable in the country where the Product delivery is requested.
Unless otherwise stated on the Site during the ordering process or in the description of the Products ordered, the Seller undertakes in all cases to deliver the Products within a maximum period of thirty (30) days after the conclusion of the contract with a Consumer Customer.
You can choose a delivery service without signature (non-personalized handover). In this case, if the size of the package and your mailbox allow, the package will be placed in your mailbox. The postal carrier may also hand the package to a building manager or concierge. Otherwise, the carrier will ring your doorbell to attempt delivery, including if you live in an apartment building.
In your absence, a neighbor may possibly accept to receive your package and then hand it over to you, which will save you from having to pick it up at the post office. In this case, a delivery notice with your package number and the name and address of the neighbor who received it will be left for you.
These simplified delivery options allow parcels to be delivered in your absence and offer great convenience for all fans of remote shopping.
Make sure you have a standardized mailbox to fully benefit from home delivery (even if you are absent), and ensure it is in good working condition, especially to prevent access by unauthorized third parties.
In case of delivery disputes or damage reported by La Poste, delivery without signature does not offer the same advantages as delivery with signature. Indeed, for any delivery without signature, the sender has accepted that a delivery confirmation from La Poste serves as proof of delivery. In this case, La Poste will not compensate the sender. Similarly, without hand-to-hand delivery, the recipient will not have the opportunity to check for potential damage, and in the absence of a damage report made by La Poste, they will not be entitled to any compensation.
The Customer may refuse a package upon delivery if they notice any issues related to the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.); any anomaly must then be clearly indicated by the Customer on the delivery note, in the form of handwritten remarks, accompanied by the Customer’s signature. To exercise their right of refusal, the Customer must open the damaged or defective package(s) in the presence of the carrier and have the carrier take back the damaged goods. Failure to comply with these requirements will result in the Customer being unable to exercise their right of refusal, and the Seller will not be obliged to honor the Customer’s request to refuse the delivery.
How to file a complaint with La Poste ?
If the Customer's package is returned to the Seller by the postal service or other postal carriers, the Seller will contact the Customer upon receipt of the returned package to inquire about how to proceed with the order. If the Customer mistakenly refused the package, they may request a reshipment by first paying the postal fees for the new shipment. Postal fees must be paid even for orders where shipping was free at the time of purchase.
In case of delivery error or exchange (if the right of withdrawal applies, that is to say if the Customer is a Consumer and the contract concluded to acquire the Product or Service allows withdrawal, according to Article L.221-18 and following of the Consumer Code), any product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from the Customer's mishandling or misuse cannot be attributed to the Seller.
Any delay in delivery beyond the date or timeframe indicated to the Consumer Customer at the time of their order, or, if no date or timeframe was specified at the time of the order, exceeding thirty (30) days from the conclusion of the contract, may result in the cancellation of the sale at the initiative of the Consumer Customer, upon written request sent by registered letter with acknowledgment of receipt, if after having formally requested the Seller to complete the delivery, the Seller has failed to do so. The Consumer Customer will then be refunded, no later than fourteen (14) days following the date on which the contract was terminated, for the full amount paid. This clause does not apply if the delivery delay is due to a force majeure event.
Any product to be exchanged or refunded must be returned to Rascol in its entirety, in perfect condition, and in its original packaging, via the Colissimo Suivi carrier with signature upon delivery by La Poste. Refunds for opened and used products are issued as store credit valid for 3 months. For the return of opened products, a depreciation of 10% will be applied to the invoiced product price; a 20% depreciation will be applied for the return of opened and used products requiring intervention to restore compliance (repair, etc.). Rascol will send an email explaining the reason for the applied depreciation. Any defect resulting from buyer’s mishandling or misuse cannot be attributed to us. In accordance with Article L.121-21 and following paragraphs of the Consumer Code, the consumer has a period of 14 working days from the delivery date of their order to return any item that does not suit them and request an exchange or refund without penalty, except for return shipping costs. The product must be returned in perfect condition and in its undamaged original packaging. If applicable, it must be accompanied by all its accessories. Return shipping costs for withdrawal: in case of withdrawal, return shipping costs are the responsibility of the buyer, who must be able to prove the return of the package by choosing a “tracked” shipping option.
You can return any item within 14 days, except for items sold by the meter (cut to order), special orders, and consumable products.
Special orders: woven name tapes (Nominettes), zippers with custom length and finish, gift vouchers.
Consumable products: sewing and embroidery threads, knitting yarns, beads, bulbs, tubes, batteries, sewing patterns, books, knitting catalogs, embroidery kits.
Right of withdrawal for the article woven labels for clothing Nominette:
Article L. 121-21-8 of the Consumer Code, LAW No. 2014-344 of March 17, 2014 - art. 9 (V), excludes the right of withdrawal for contracts involving the supply of goods made according to the consumer's specifications or clearly personalized, or which, due to their nature, cannot be returned or are likely to deteriorate or expire quickly.
Any order of four (4) or more items of the same reference will be considered a special order with our suppliers and cannot be returned. rascol.com (unless otherwise agreed in advance).
Important note about items sold by the meter:
Due to the manufacturing process, we cannot guarantee that items sold by the meter, such as ribbons, bias tape, and others, will be delivered in a single continuous length for roll packaging.
Regarding fabrics, depending on the quantity ordered and the availability of pieces from our suppliers, delivery may be made in several cuts. We cannot guarantee delivery in a single piece for large lengths.
Important note about the dyeing of our products:
Due to the high turnover of certain products (fabrics and yarns), we cannot guarantee the same dye lot for identical orders placed at a later date.
Before returning any product and to help us process your return more quickly and efficiently, we strongly recommend that you download the withdrawal form and contact us at 0 820 567 052 or by email at contact@rascol.com
Article 7 - Warranties
When acting under the legal guarantee of conformity, the consumer benefits from a period of two years from the delivery of the goods to take action; they can choose between repair or replacement of the goods, subject to the cost conditions provided by Article L.217-9 of the Consumer Code; except for second-hand goods, the consumer is exempt from proving the existence of the conformity defect of the goods during the six months following delivery, a period extended to 24 months from March 18, 2016.
The legal warranty of conformity applies independently of any commercial warranty that may be granted.
The consumer may choose to invoke the warranty against hidden defects of the sold item as defined in Article 1641 of the Civil Code, unless the seller has stipulated that they will not be bound by any warranty; in the event of invoking this warranty, the buyer has the choice between canceling the sale or obtaining a reduction in the sale price in accordance with Article 1644 of the Civil Code. The buyer has a period of two years from the discovery of the defect.
The deferral, suspension, or interruption of the limitation period cannot result in extending the extinctive prescription period beyond twenty years from the date the right arises, in accordance with Article 2232 of the Civil Code.
All items purchased on this site are covered by the following legal guarantees provided by the Civil Code ;
Legal warranty of conformity
According to Articles L.217-4 and following of the Consumer Code, the Seller is obliged to deliver goods that conform to the contract concluded with the Consumer Client and to be responsible for any non-conformity defects existing at the time of delivery of the Product. The conformity guarantee can be exercised if a defect exists on the day the Product is taken into possession. However, when the defect appears within 24 months following this date (or within 6 months if the order was placed before March 18, 2016, or if the Product is sold second-hand), it is presumed to meet this condition.
However, after this period of 24 months (or 6 months if the order was placed before March 18, 2016, or if the product is sold second-hand), it will be the Customer's responsibility to prove that the defect existed at the time of taking possession of the Product.
In accordance with Article L.217-9 of the Consumer Code: "In the event of a lack of conformity, the buyer chooses between the repair and the replacement of the goods. However, the seller may refuse to proceed according to the buyer's choice if this choice results in a manifestly disproportionate cost compared to the other option, taking into account the value of the goods or the significance of the defect. In such cases, the seller is then required to proceed, unless impossible, according to the option not chosen by the buyer."
Legal warranty against hidden defects
According to Articles 1641 to 1649 of the Civil Code, the Customer may request the exercise of the hidden defects warranty if the defects were not apparent at the time of purchase, existed prior to the purchase (and therefore do not result from normal wear and tear of the Product, for example), and are sufficiently serious (the defect must either render the Product unfit for its intended use or significantly reduce its use to such an extent that the buyer would not have purchased the Product or would not have paid such a price if they had been aware of the defect).
Claims, requests for exchange or refund for a non-compliant Product must be made by postal mail or email to the addresses indicated in the legal notice of the site, within thirty (30) days from the date of delivery (this period does not apply in the case of hidden defects, as previously stated).
In case of non-compliance of a delivered Product, it may be returned to the Seller who will proceed with its exchange. If it is impossible to exchange the Product (obsolete Product, out of stock, etc.), the Customer will be refunded by check or bank transfer for the amount of their order. The costs of the exchange or refund procedure (including the return shipping costs of the Product) will then be borne by the Seller.
Article 8 - Customer Service
The customer service of this Site can be reached by email at the following address: contact@rascol.com or by postal mail to the address indicated in the legal notice.
Rascol also provides its customers with a hotline, or telephone support, to answer their questions. Telephone support can be reached by phone at 0427868370 (non-premium rate number).
Article 9 - Liability
The Seller Rascol cannot be held responsible for the non-performance of the concluded contract due to the occurrence of a force majeure event. Regarding the purchased Products, the Seller shall not be liable for any indirect damages arising from these terms, including loss of business, loss of profit, damages, or expenses that may occur.
The selection and purchase of a Product or Service are the sole responsibility of the Customer. The total or partial inability to use the Products, particularly due to hardware incompatibility, cannot give rise to any compensation, refund, or liability of the Seller, except in the case of a proven hidden defect, non-compliance, defectiveness, or the exercise of the right of withdrawal if applicable—that is, if the Customer is not a Consumer Customer and the contract concluded to acquire the Product or Service allows for withdrawal, in accordance with Article L 221-18 and following of the Consumer Code.
The Customer expressly acknowledges that they use the Site at their own risk and under their sole responsibility. The Site provides the Customer with information for indicative purposes only, which may contain imperfections, errors, omissions, inaccuracies, and other ambiguities. In any case, Rascol cannot be held liable under any circumstances:
- from any direct or indirect damage, including but not limited to loss of profits, loss of revenue, loss of customers, or data loss that may result, among other things, from the use of the Site, or conversely from the inability to use it ;
- due to a malfunction, lack of access, improper use, incorrect configuration of the Client's computer, or the use of an uncommon browser by the Client ;
- content of advertisements and other external links or sources accessible to Customers from the Site.
The photographs and images of the Products displayed on the Site are for illustrative purposes only and are not contractual. Therefore, the Seller cannot be held responsible if the characteristics of the Products differ from the images shown on the Site or if these images are incorrect or incomplete.
Article 10 - Intellectual Property
All elements of this Site belong to the Seller or to a third-party agent, or are used by the Seller with the authorization of their owners.
Any reproduction, representation, or adaptation of logos, textual content, pictograms, or videos, without this list being exhaustive, is strictly prohibited and constitutes counterfeiting.
Any Customer found guilty of counterfeiting may have their account deleted without prior notice or compensation, and such deletion shall not constitute grounds for any claim for damages, without prejudice to any possible subsequent legal action initiated by the Seller or their representative.
This Site uses elements (images, photographs, content) credited to: Rascol.com.
The brands and logos featured on the Site may be registered trademarks of Rascol, or possibly of one of its partners. Any person who reproduces, represents, incorporates, distributes, or redistributes them is subject to the penalties provided for in Articles L.713-2 and following of the Intellectual Property Code.
Article 11 - Independence of Clauses
If any provision of the Terms and Conditions is found to be illegal, void, or for any other reason unenforceable, that provision shall be deemed severable from the Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions.
These Terms and Conditions replace all prior or contemporaneous written or oral agreements. The Terms and Conditions are not assignable, transferable, or sublicensable by the Client.
A printed version of the Terms and Conditions of Sale (T&Cs) and all notices provided electronically may be requested in legal or administrative proceedings related to the T&Cs. The parties agree that all correspondence concerning these T&Cs must be written in French.
Article 12 - Applicable Law & Mediation
These Terms and Conditions are governed by and subject to French law.
Except for mandatory legal provisions, any disputes that may arise in the context of the execution of these Terms and Conditions of Sale may, before any legal action, be submitted to the Site Publisher for amicable resolution.
It is expressly reminded that requests for amicable settlement do not suspend the time limits for initiating legal actions. Unless otherwise provided by mandatory law, any legal action relating to the execution of these Terms and Conditions of Sale shall be subject to the jurisdiction of the courts within the district of the defendant’s place of residence.
Consumer Mediation
1/ You can write by email to contact@rascol.com to find an amicable solution to your problem.
2/ If no solution satisfies you and in accordance with Article L 612-1 of the Consumer Code, which states that every consumer has the right to free recourse to a consumer mediator for the amicable resolution of disputes with a professional, you may, if you are a consumer within the meaning of the applicable regulations, use the mediation service for disputes related to a purchase made through the website. www.mediationconso-ame.com of which we are members.
Please note that mediation is not mandatory but is offered solely to resolve disputes without resorting to legal action.
3/ Failing an amicable solution (if the consumer mediator does not rule in your favor), you may bring the matter before the Court of Appeal of Montpellier, which shall have exclusive jurisdiction, including in cases of warranty claims and multiple defendants, to resolve any dispute arising between the parties regarding the interpretation, execution, and/or termination of the Order and these General Terms and Conditions.