Effective Date: 01/10/2024
1. Purpose
These general rental conditions apply without restriction or reservation to all online rentals offered by the Customer on the VOLCOM SAS rent.volcom.com (hereinafter: "the Site").
The Site is an electronic commerce platform, dedicated to the rental by individuals (hereinafter, the "Users") of non-perishable consumer goods (hereinafter: "the Products") (hereinafter, the "Services").
The objective is to offer Users a new model of Product design, by privileging their rental rather than their final purchase.
The purpose of these general terms and conditions is to define the terms and conditions of the online rental and delivery of the Products, as well as to define the rights and obligations of the parties in this context.
They are accessible and printable at any time by a direct link at the bottom of the page of the Site.
The applicable version of the general conditions is the one available online on the Site on the date of the User's order, a copy of which is sent to him with his order confirmation.
These general rental conditions prevail over any other general or special conditions not expressly approved by VOLCOM SAS.
They may be supplemented, if necessary, by conditions of use specific to certain services offered on the Site, which supplement these general conditions and, in case of contradiction, prevail over them.
2. Identity of the seller and contact
The Site is operated by the VOLCOM SAS Company, registered with the Bayonne Trade and Companies Register, under number 488 298 621, whose registered office is located at 1 allée Belharra, BAIA Park 64600 Anglet, France, which offers the Products for rent.
VOLCOM SAS can be contacted at the following coordinates, in particular for any complaint:
Mailing Address: 1 allée Belharra, BAIA Park 64600 Anglet, France,
Email address: eu.rentsav@volcom.com
3. Legal capacity and acceptance of the general terms and conditions
3.1. Legal capacity
The Site is accessible:
- To any natural person with full legal capacity to commit themselves under these general conditions. The natural person who does not have full legal capacity can only access the Site with the agreement of his legal representative.
- Any legal person acting through a natural person with the legal capacity to contract in the name and on behalf of the legal person.
3.2. Acceptance of the general terms and conditions
The acceptance of these general conditions by the User is materialized by a checkbox in the order form. This acceptance can only be full and complete. Any acceptance subject to reservation shall be deemed null and void. The User who does not agree to be bound by these general conditions must not place an order on the Site.
4. Product Characteristics
Before any online order and in application of the provisions of Article L111-1 of the Consumer Code, the User may read, on the Site, the characteristics of each Product he wishes to order.
The Products are offered for rent online within the limits of available stock, or subject to the possibility of ordering them if necessary.
The User is informed and accepts that the Product ordered is Rented as it is, and that it is likely to have been the subject of previous rental(s) before being reconditioned by VOLCOM SAS.
The photographs and descriptions of the Products offered for rent online are as accurate as possible. They are only binding on VOLCOM SAS for those aspects specifically stated.
However, the User is informed and accepts that the Product rented and delivered to the User does not correspond to the exact model of the Product photographed and presented on the Site when ordering.
5. Order
5.1. Placing an order
Any User may place an Order for one or more Products without having previously registered on the Site.
To place an order, the User must select the Product of his choice, place it in his basket, and select the rental period of his preference. He can access the summary of his basket at any time as long as the order is not definitively validated and can correct any errors in the elements entered.
The order is deemed received by VOLCOM SAS when the latter can see access to it.
As part of his order, the User is invited to provide his contact details for delivery and billing purposes. He must complete all the fields marked as mandatory in the form provided for this purpose. Orders that do not contain all the required information cannot be validated.
The User guarantees that the information he provides in the order form is accurate, up-to-date, truthful and in no way misleading.
He is informed and accepts that this information is worth proof of his identity and binds him as soon as it is validated.
5.2. Order confirmation
At the end of his order, the User receives by email a confirmation of it which:
(i) summarizes the elements of the order and the expected time frame for the delivery,
(ii) contains the general conditions in force on the day of the order,
(iii) includes the invoice corresponding to the order.
The User must ensure that the contact details provided when ordering are correct and that they allow him to receive the confirmation email of his order. In the absence of receipt thereof, the User must contact VOLCOM SAS at the contact details mentioned in Article 2.
VOLCOM SAS recommends that the User keeps the information contained in the order confirmation.
The order confirmation is deemed received by the User when he can access it.
6. Prices and terms of payment
6.1. Prices
The rental prices of the Products are displayed on the Site.
They are indicated in Euros, all taxes included (French VAT and other applicable taxes).
VOLCOM SAS reserves the right, at its discretion and according to terms and conditions of which it will be the sole judge, to propose promotional offers or price reductions.
The prices do not include any delivery costs applicable to the delivery of the Products, invoiced in addition to the price thereof. The amount of the applicable delivery costs will be indicated before the validation of the order by the User.
The applicable price is the one displayed on the Site at the time of the registration of the User's order.
6.2. Terms of payment
The full rental price of the Product selected by the User is due at the time of the order for any one-time rental.
The terms of the subscription to the rental of a Product as well as its financial conditions are detailed on the Site and will be accessible by the Users prior to any order.
In any case, the User is informed and agrees to pay a deposit to VOLCOM SAS in case of subscription to the rental, the amount of which will be mentioned on the Site during the Order.
Any delivery costs will be indicated on the Site.
Payment can be made online:
· either by credit card, through the secure online payment service indicated on the Site,
· or by any other means that will be offered on the Site at the time of the order
The User guarantees VOLCOM SAS that he has the necessary authorizations to use the chosen payment method.
VOLCOM SAS reserves the right to suspend or cancel any order and/or delivery in the event of non-payment of any sum due by the User, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site.
Penalties equal to 1.5 times (one and a half times) the French legal interest rate will be automatically applicable to unpaid amounts from the first presentation of a formal notice by registered letter AR.
6.3. Invoicing
The purchase invoices will be sent to the User by email, with a link allowing him to consult these general rental conditions at any time.
6.4. Deposit
Deposit Charge: By clicking on "Place Order", you also authorize the brand, via its payment service provider STRIPE, to charge a deposit on the credit card used for the payment of the order. This deposit may be charged in cases of multiple ongoing orders, multiple failed payment attempts, or any other financial risk identified by the brand. The deposit amount is 150€ and will be refunded once the return to the warehouse is received and the quality service confirms that there are no issues with the return.
If Applicable: By clicking on "Place Order", you authorize STRIPE to collect from the credit card used for the payment of the order any amounts owed to the brand following the test of the rackets (such as, but not limited to, the rental price, penalties, handling fees, etc.) on behalf of the brand.
Order Cancellation: Orders may be canceled in the event of a failed payment pre-authorization on your bank account or if insolvency is detected. Any delivery fees will be indicated on the Website. Payment is made online by credit card (Visa, Mastercard), through the secure online payment service indicated on the Website. As the service is a rental system requiring a bank pre-authorization or deposit, the use of prepaid cards will result in the cancellation of the order. The Client guarantees to VOLCOM SAS that they have the necessary authorizations to use the chosen payment method.
7. Delivery
7.1. Delivery territory
Users are expressly informed that the Site only offers the delivery of Products to the following countries:
-Germany, France, Austria, Italy, Spain, the Netherlands and Belgium.
7.2. Delivery methods
The delivery of the Products ordered on the Site is made to the address indicated during the User's order as "delivery address" (which may be different from the billing address), which, unless specifically agreed between the parties according to the terms provided for in Article 7.1, can only be located in one of the countries referred to in said Article.
The User is informed before the verification of his order of the possible delivery methods for the Product ordered as well as the deadlines and costs corresponding to each of these methods.
The User must select the desired delivery method and give all the information necessary for the actual delivery of the Product according to this method.
7.3. Delivery times
The Site mentions, for each Product offered for rent, indicative delivery times according to the territories and delivery methods selected by the User.
The effective delivery time will be confirmed to the User in the order confirmation email.
In the absence of delivery within the above period, the User may cancel the order, by registered letter with acknowledgment of receipt or in writing on another durable medium, if, after having enjoined VOLCOM SAS, according to the same terms, to make the delivery within a reasonable additional time, it has not been executed within this period.
The contract is deemed terminated upon receipt by VOLCOM SAS of the letter or writing informing him of this termination unless it has been executed in the meantime.
In the event of termination of the contract according to the above terms, the User will be reimbursed for all the sums he has paid, including delivery costs, no later than 14 (fourteen) days following the date on which the contract was terminated.
VOLCOM SAS reserves the right in any case to approach the User in order to offer him alternative solutions for reimbursement of the rental price of the Products and delivery costs. The User must express explicitly and on a durable medium his acceptance of the choice of an alternative method of reimbursement.
7.4. Conditions for returning the Product
The User must return to VOLCOM SAS the rented Product under the conditions provided on the Site when ordering.
In the event of a delay in returning the Product, the User must pay VOLCOM SAS the amount of the penalties provided for on the Site when ordering.
In case of non-return of the Product within the deadlines and conditions provided on the Site, the User will be debited the selling price of the rented Product.
8. Right of withdrawal
Users have a right of withdrawal, for a period of 14 (fourteen) days from their order. They may exercise this right by sending VOLCOM SAS to the contact details mentioned in Article 2, before the expiry of the aforementioned period.
As an exception to the foregoing, Users are expressly informed and accept that certain Services may be provided to them and begin before the end of the withdrawal period referred to above, in particular in the event that the rented Product has left for delivery to the User, i.e. 5 days before the end of the said period.
Consequently, the User who has exercised his right of withdrawal while the Product is already in the delivery circuit, at his express request, before the end of the withdrawal period, will owe an amount corresponding to the service provided until the communication of his decision to withdraw, this amount being proportionate to the total rental price agreed at the time of his order, in accordance with the provisions of Article L 221-25 of the Consumer Code.
The Products must imperatively be returned to VOLCOM SAS in their original packaging, without undue delay and at the latest within 14 (fourteen) calendar days following the communication, by the User, of his wish to withdraw. They must be accompanied by a copy of the corresponding rental invoice. The User is deemed responsible in the event of deterioration of the Products when they are returned to VOLCOM SAS.
The User will be reimbursed as soon as possible and at the latest within 14 (fourteen) days from the date of actual receipt by VOLCOM SAS of the request for withdrawal of all sums paid for his order, minus any return costs, which remain the responsibility of the User. However, VOLCOM SAS reserves the right to defer this refund until the actual recovery of the Products.
9. Legal guarantees
The User benefits from the statutory guarantees against non-compliance and latent defects concerning the rented items, including conformity-related defects resulting from the packaging of the Product ordered via the Website.
If the User finds that the Product delivered to him suffers from a defect, a conformity issue or is damaged, he must inform VOLCOM SAS by contacting them using the contact details mentioned in Article 2 of this agreement, stating the nature of the defect, nonconformity or damage noted and sending any appropriate items of proof including in the form of photographs. VOLCOM SAS will organize with the carrier of his choice the terms of the return, of which it will inform the User by any useful means. VOLCOM SAS will bear the costs of this return.
The Products must imperatively be returned to VOLCOM SAS in their original packaging. They must be accompanied by a copy of the corresponding purchase invoice.
Returns of Products that do not comply with the terms described above cannot be taken into account.
VOLCOM SAS will carry out the necessary checks and propose the replacement of the Product if possible. If the replacement of the Product is impossible, VOLCOM SAS will reimburse the User for the full price paid for the rental of the Product as well as the corresponding delivery costs, by any useful means, as soon as possible and at the latest within 14 (fourteen) days following the date on which VOLCOM SAS has informed him of the impossibility of replacing the Product.
It is recalled that, when acting as a legal guarantee of conformity, any consumer:
- has a period of two years from the delivery of the goods to act;
- may choose between the repair or replacement of the good, subject to the cost conditions provided for in Article L217-9 of the Consumer Code;
- is exempted from providing proof of the existence of the lack of conformity of the goods during the twenty-four months following their delivery.
It is also recalled that the legal guarantee of conformity applies independently of any commercial guarantee that may be granted.
Any consumer may also decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, he can choose between the resolution of the rental or a reduction of the rental price in accordance with Article 1644 of the Civil Code.
10. Users obligations
Users are solely responsible for their use of the Products. It is their responsibility to verify the suitability of the Products to their specific needs prior to renting said Products.
They are also informed and accept that the Product is not in new condition, and that it has been restored prior to its rental.
Users also undertake:
- to provide VOLCOM SAS with valid information concerning their name, first name, postal address, and email address;
- not to be entitled to grant themselves any ownership rights over the Product;
- not to sublet the Product or assign their rights and obligations under these general terms and conditions to a third party;
- to use the Product peacefully in accordance with its intended purpose,
- to return the Product within the period set on the Site at the time of their order, under penalty of activation of the late penalties mentioned in Article 7.4;
- to keep the Product in good condition;
- to return the Product in the state in which it was made available to them;
- to use the Product only in a personal capacity.
11. VOLCOM SAS Liability
11.1. VOLCOM SAS undertakes to carry out regular checks to verify the functioning and accessibility of the Site. As such, VOLCOM SAS reserves the right to temporarily interrupt access to the Site for maintenance reasons. Similarly, VOLCOM SAS shall not be held liable for temporary difficulties or impossibilities of access to the Site which would be caused by circumstances external to it, force majeure, or which would be due to disruptions of telecommunications networks.
11.2. VOLCOM SAS does not provide the User with any guarantee as to the adaptation of the Products to its needs, expectations or constraints.
11.3. VOLCOM SAS may not be held liable for the non-performance or delay in the execution of rental contracts due to circumstances external to it or a case of force majeure, it being expressly specified that are considered as cases of force majeure, in addition to those usually retained by the jurisprudence of the French courts: exceptional interiors, natural disasters, fires and floods, lightning, attacks, disruption or blockage of telecommunications networks, means of transport or postal services, including as a result of strikes, damage caused by viruses for which the security means available on the market do not allow their eradication, as well as any legal or regulatory obligation or public order imposed by the competent authorities and which could have the effect of substantially modifying these general conditions.
11.4. In any event, the liability that may be incurred by VOLCOM SAS hereunder is expressly limited to proven direct damage suffered by Users.
12. Intellectual property
The systems, software, structures, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, trademarks, databases, etc ...) operated by VOLCOM SAS within the Site have protected by all intellectual property rights or rights of database producers in force. Any disassembly, decompilation, decryption, extraction, reuse, copy and more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of VOLCOM SAS are strictly prohibited and may be subject to legal proceedings.
13. Personal data
VOLCOM SAS practices a personal data protection policy, the characteristics of which are explained in the document entitled "Charter relating to the protection of personal data", which the User is expressly invited to read.
14. Prohibited conduct
14.1. The following are strictly prohibited:
(i) any behaviour likely to interrupt, suspend, slow down or prevent the proper functioning of the Site,
(ii) any intrusion or attempted intrusion into the VOLCOM SAS’ systems,
(iv) any misappropriation of the Site's system resources,
(v) any action likely to impose a disproportionate load on the latter's infrastructure,
(vi) any breach of security and authentication measures,
(vii) any act likely to harm the rights and financial, commercial or moral interests of VOLCOM SAS or users of its Site
(viii) any practice diverting the Site for purposes other than those for which it was designed and finally more generally
(ix) any breach of these general conditions or the laws and regulations in force.
14.2. It is also strictly forbidden to monetize, sell or concede all or part of access to the Site, as well as the information it contains.
14.3. In the event of a breach of any of the provisions of this article or more generally, violations of laws and regulations, VOLCOM SAS reserves the right to take all appropriate measures and initiate any legal action.
15. Changes
VOLCOM SAS reserves the right to modify these general rental conditions at any time. In this case, the applicable conditions will be those in force on the date of the User's order.
16. Language
In the event of a translation of these general conditions into one or more languages, the language of interpretation will be the French language in case of contradiction or dispute on the meaning of a term or provision.
17. Mediation
The User has the right to have recourse free of charge to a consumer mediator for the amicable resolution of any dispute relating to the execution of the present which would oppose him to the Customer, under the conditions provided for in Articles L611-1 and following and R152-1 and following of the Consumer Code.
For this purpose, he may contact the following consumer mediator:
European Commission for Online Dispute Resolution: http://ec.europa.eu/consumers/odr/
18. Applicable law and jurisdiction
These general conditions are governed by French law.
In the event of a dispute over the validity, interpretation and/or execution of these general conditions, the parties agree that the courts of Paris will be exclusively competent to judge them, unless mandatory procedural rules to the contrary apply.
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Appendix – Withdrawal form
(Please complete and return this form only if you wish to withdraw from the contract.)
For the attention of:
Nom/ Address
I hereby notify you of my withdrawal from the contract for the rental of the property below:
Order number:
Ordered on (*) / received on (*)
Name of User(s):
Address of User(s):
Signature of User(s): (only in case of notification of this form on paper)