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PREAMBLE
The present terms and conditions (hereinafter referred to as the “GCS”) are concluded exclusively between S.A.S. P RUGBY CLUB TOULONNAIS, a société anonyme sportive professionnelle, registered with the RCS of TOULON under number 418 716 007, whose registered office is located at 580 Vieux Chemin de Sainte-Musse 83100 TOULON (hereinafter referred to as “RUGBY CLUB TOULONNAIS”) and any person visiting, making a purchase or a reservation (hereinafter referred to as “the Customer”) via the site accessible at www.rctstore.com (hereinafter referred to as “the Site”). RUGBY CLUB TOULONNAIS and the Customer are hereinafter collectively referred to as “the Parties”.
IDU number 4000013552.
The Parties agree that their relationship shall be governed exclusively by these GCS, which are accessible on the Site.
The purpose of the GCS is to define the terms and conditions applicable to the distance selling contract concluded between RUGBY CLUB TOULONNAIS and the Customer, in particular the rights and obligations of each of the parties.
These GCS may be modified from time to time. Therefore, it is understood that the applicable GCS are those in force on the Site at the time of registration of the Customer's order. The effective date of the GCS is the date they are posted online.
1. ACCEPTANCE OF CONDITIONS
The Customer declares that he/she is 18 years of age and has the legal capacity to contract on the Site, or that he/she has parental authorization to place an order.
The Customer acknowledges having read and understood these terms and conditions at the time of placing the order, and undertakes to comply with them.
These GCS govern the contractual relationship between RUGBY CLUB TOULONNAIS and its Customer, both parties accepting them without reservation. These GCS shall prevail over any other conditions appearing in any other document, except in the event of prior, express and written derogation.
2. PRODUCTS
2.1 DESCRIPTION AND AVAILABILITY
RUGBY CLUB TOULONNAIS describes and presents the items for sale as accurately as possible. However, if an error of description or omission appears on a product, RUGBY CLUB TOULONNAIS cannot be held responsible. The photographs illustrating the products are not contractually binding.
RUGBY CLUB TOULONNAIS undertakes to honour orders received on the Site only within the limits of available stocks of products.
In the event of unavailability of a product ordered after the order has been placed, the Customer will be informed as soon as possible by e-mail and will have the option of either being reimbursed for the price of the item ordered, or obtaining a credit note for the amount of the item or
2.2 PERSONALIZED ITEMS
For most personalized products, you may submit a combination of letters, spaces and numbers. RUGBY CLUB TOULONNAIS reserves the right, at its sole discretion, to refuse a personalization, for example because it contains a trademark belonging to a third party, or the names of sports teams, athletes or celebrities that you or RUGBY CLUB TOULONNAIS do not have the right to use, or because it contains elements that we consider inappropriate.
If your personalization is refused, you will be informed as soon as possible by e-mail. No product that has been personalized will be taken back, exchanged or refunded. With regard to personalization, in the event of an error in the information given by the customer: error in the combination of letters, spaces and numbers, RUGBY CLUB TOULONNAIS cannot be held responsible and the product cannot be returned or exchanged.
3. ORDER
To place an order, the Customer must first create an account on the Site by filling in information including his name, postal address, telephone number and e-mail. This account will also allow him to track his order.
The information stated by the Customer, when placing an order, commits him: in case of error in the wording of the recipient’s contact details, the RUGBY CLUB TOULONNAIS cannot be held responsible for the impossibility in laqit
RUGBY CLUB TOULON archives the purchase orders and invoices on a reliable medium, for 3 (three) years from the date of delivery of the order. In accordance with the legal provisions, the Customer may access them on the Site in the "My Client Area".
For any question relating to the tracking of his order, the Customer can contact the store department via the contact form accessible on the Site by logging into his customer account.
4. AWARDS
Prices are quoted in euros including all taxes. They take into account the VAT applicable on the day of the order. Any change in the applicable rate may be reflected in the prices of the products. Similarly, if a tax or contribution is created or modified, in the same way or in the same way, this change may be reflected in the sale price of the products.
The price indicated on the product sheets does not include transport.
The shipping costs are at the expense of the Customer and are charged in addition to the price of the products according to the amount of the order and indicated before the final validation of the order.
The price indicated in the order confirmation is the final price, expressed all taxes included for France and tax-free for foreign countries of the European Union and outside the European Union.
This price includes the price of products, handling, packaging and storage costs for products, transport and commissioning costs.
The selling prices of the products may be modified at any time by RUGBY CLUB TOULONNAIS but it is nevertheless committed to apply the prices indicated at the time of the order.
In the event of an obvious error in prices or stock due to a malfunction of the Site, the order will not be taken into account and the payment made will be refunded to the buyer.
5. PAYMENT
After confirming the content of his order, the Customer will definitively validate it by payment. The order will be final only after payment of the corresponding price. The price charged to the Customer is the price indicated on the order confirmation sent by RUGBY CLUB TOULONNAIS.
The payment methods accepted to date are: Carte Bleue, VISA Card, MASTERCARD Card, PAYPAL and RCTSTORE Gift Card.
In order to ensure the security of online payments, the Site uses payment services «PAYMENT CIC», which allows you to pay via a CIC bank server in a secure environment.
Your credit card number is redirected to the bank’s servers, your payment is made directly to a bank in a secure environment without going through the server of the shop, This is all the more important as our numbers are known only to our banking partner (Bank CIC).
The order validated by the Customer will only be considered effective when the banking payment centers have given their agreement. In case of refusal of the said centres, the order will be automatically cancelled and the Customer notified by e-mail.
The RUGBY CLUB TOULONNAIS therefore reserves the right to suspend any order management and delivery in case of refusal of authorization for payment by credit card from the organizations officially accredited or in the case of non-accreditedfull payment of the price.
3xCB” or ‘4xCB’ FINANCING:
At the time of ordering, the Customer may be offered payment in three or four instalments, subject to acceptance by COFIDIS, SA to the Board and Supervisory Board of the capital of €67,500,000. Registered office: Parc de la Haute Borne, 61 avenue Halley 59866 VILLENEUVE D'ASCQ Cedex - R.C.S LILLE METROPOLE SIREN N°325 307 106 registered with the ORIAS under number 07 02 34 93.
You benefit from a statutory withdrawal period for distance selling.
This solution enables customers to repay their credit card purchases in three or four instalments, in accordance with the contractual conditions they accept online.
These credit transactions are subject to a maximum repayment period of three months.
These products will be offered to finance purchases of between €100 and €2,500 for the 3xCB and 4xCB.
6. TRANSFER OF OWNERSHIP – RISK TRANSFER
The RUGBY CLUB TOULONNAIS retains full ownership of the products sold until full payment of the price, including principal, fees and taxes.
Articles L.216-4 and L.216-5 of the Consumer Code set out the conditions under which the risk of damage or loss to a good, which is the subject of a delivery, is transferred from the seller to the consumer.
These conditions are as follows:
- the risk is transferred to the consumer at the moment when he or she (himself or a third party designated by him) takes physical possession of the goods;
- if the consumer entrusts delivery to a carrier of his choice, other than that proposed by the trader, the risk of loss or damage is transferred to the consumer at the time when the professional seller delivers the goods to the carrier.
7. DELIVERY
After confirmation of the order, RUGBY CLUB TOULONNAIS undertakes to deliver the references to its Customer as soon as possible.
For orders with items to be customized, additional preparation time may be required.
RUGBY CLUB TOULONNAIS is responsible for the proper performance of its delivery obligation but may turn against the carrier in case of fault of the latter in the delivery (example: lost or unreceived package).
In case of delivery problems, the Customer must notify RUGBY CLUB TOULONNAIS and the carrier whose contact details have been communicated to him after validation of his order.
RUGBY CLUB TOULONNAIS cannot be held responsible for the delay and/or non-delivery due to the address indicated by the Customer, false or erroneous or to which delivery would prove impossible.
Delivery times cannot be guaranteed in the event of force majeure, especially and not exhaustively in the case of strike, restriction, transport, war, riot, fire, pandemic, epidemic, etc. In this case, the Client cannot demand payment of damages.
After a period of 30 days without any delivery, the RUGBY CLUB TOULONNAIS will propose the cancellation of the order and refund to the Customer.
For reasons of availability, an order may be delivered in several times to the Customer. The Customer then pays only one delivery. If the customer wants two delivery locations, he places two orders, with the related shipping costs.
8. RIGHT OF WITHDRAWAL
Article L.221-18 of the Consumer Code provides that “The consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded at a distance, following a telephone call or out of an establishment, without having to justify its decision or bear any costs other than those provided for in Articles L. 221-23 to L. 221-25.
The period referred to in the first paragraph shall run from the day:
1° From the conclusion of the contract, for contracts for the provision of services and those mentioned in article L. 221-4;
2° The receipt of the goods by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of goods.”
Following your order, you have the possibility to withdraw via the form available on your account from your personal history within 30 days of the day after receipt of your parcel.
After having communicated its decision to withdraw, the Customer then has a period of 30 days to send or return the goods. The product must be returned to the seller, whole, undisassembled and in its original packaging, to the following address:,RCT - RCTSTORE.COM, 580 vieux chemin de Sainte-Musse, 83100 Toulon, France.
In case of exercise of the right of withdrawal, RUGBY CLUB TOULONNAIS is obliged to exchange or refund the sums paid by the Customer corresponding to the product not suitable, free of charge, except for return costs.
Custom products
However, by way of exception, in accordance with Article L.221-28 3° of the French Consumer Code, the right of withdrawal cannot be exercised for contracts for the supply of goods made up to the specifications of the consumer or clearly customized (example: a flocked jersey with an official player flocking or a custom flocking).
Hygiene products
Similarly, in accordance with Article L.221-28 5) of the same code, the right of withdrawal may not be exercised for contracts for the supply of goods that have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection (examples: protective mask, mouthguard, helmet).
9. Warranty
RUGBY CLUB TOULONNAIS undertakes to deliver a good in accordance with the contract and responds to any lack of conformity existing at the time of delivery, in accordance with the provisions of articles L.217-4, L.217-5, L.217-12 of the Consumer Code, 1641, 1648- first paragraph of the Civil Code. It also responds to defects of conformity resulting from the packaging.
To be in conformity with the contract, the property must:
1° - Be fit for the usual intended use of a similar property and, if applicable:
• Match the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model.
• have the qualities that a purchaser can legitimately expect in view of public statements made by the seller, the producer or their representative, The Commission’s proposal for a directive on the protection of workers against exposure to certain substances is also being considered.
2° - or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, The Commission has not yet taken any action to ensure that the Member States do not take any further action.
In the event of a lack of conformity, the Customer must return the goods and benefits either from the replacement of the product within the limits of available stocks or from the refund of the price.
The replacement takes place without any costs for the Customer.
The price is returned by bank transfer to the account entered when placing the order or by PAYPAL transfer, provided that the property is actually non-conforming.
10. Return
No products that have undergone customization will be taken back, exchanged or refunded.
In case of withdrawal or non-compliance, the products requiring to be returned to RUGBY CLUB TOULONNAIS must be returned by the Customer within a period of 30 (thirty) calendar days from the date of receipt of the order.
Only products returned in their entirety, in their original packaging, complete and intact, and in perfect condition for resale will be taken back. Any product that has been damaged, damaged, returned incomplete, soiled or whose original packaging has been damaged will not be refunded or exchanged.
In the case of a return for non-compliance, the Customer must also attach to his package the reasons for non-compliance. Items that are not returned in the time and conditions mentioned above will not be refunded or exchanged.
In case of withdrawal, duly justified non-compliance or cancellation of the order due to unavailability, RUGBY CLUB TOULONNAIS undertakes to refund the sums it has collected on the Customer’s bank account corresponding to the credit card used for payment or by PAYPAL transfer.
RUGBY CLUB TOULONNAIS is entitled to defer the refund until receipt of the entire property.
In case of a new order, if the new order is for a higher amount, the Customer must attach to the exchange request the payment of the balance.
Conversely, if the exchange amount is lower than the initial amount, the Customer will not be able to receive a refund of the difference.
11. ACCOUNTABILITY
The RUGBY CLUB TOULONNAIS is fully responsible towards the Customer for the proper performance of the obligations resulting from the contract concluded at a distance, without prejudice to its right of recourse against its service providers.
However, he may disclaim all or part of his responsibility by providing evidence that the non-performance or poor performance of the contract is attributable to the Customer, either to the unforeseeable and insurmountable fact of a third party to the contract, or to a case of force majeure.
In any case, the RUGBY CLUB TOULON declines all responsibility for the fact that:
Normal wear and tear of the product,
• Damage or accidents resulting from negligence, failure to monitor or maintenance or use in accordance with the
• Damage resulting from modifications, additions or repairs to the product,
• Damage resulting from non-compliance with product usage recommendations.
12. INTELLECTUAL PROPERTY
The Site is owned by RUGBY CLUB TOULONNAIS in its entirety, as well as all related rights. Any reproduction, in whole or in part, is strictly prohibited, unless expressly and prior agreement of the RUGBY CLUB TOULON, and is likely to constitute an offence of counterfeiting or unfair competition.
13. SECURING PERSONAL DATA
The information and data concerning the Customer are necessary for the management of his order and our commercial relations (Strengthen and personalize the communication of products reserved for customers).
RUGBY CLUB TOULONNAIS processes, collects and stores only personal data voluntarily transmitted by the Customer, such as: name, surname, date of birth, contact details, nationality, bank details, etc., in particular for the purpose of providing the services ordered, managing its contractual relationship with the Client, The Club and/or its partners offer products and services and compile statistics.
Access to personal data of customers is granted only to those persons and services who are authorised to have knowledge thereof in the context of the processing purposes mentioned aboveon and/or to the extent that such access is required by a legal or regulatory basis.
RUGBY CLUB TOULONNAIS undertakes to store and archive the Client’s personal data for a period not exceeding the time necessary for the purposes for which they are collected and treated and prolonged, where applicable, the duration of applicable legal or regulatory requirements.
In accordance with the law on data processing and freedoms of 6 January 1978 and the GDPR, you have a right of access, rectification, updating of your data when it is inaccurate or incomplete and deletion of information about you that can be exercised by logging in on your customer area on the RCTSTORE.COM Site or by mail to: Rugby Club Toulonnais SASP – RCTSTORE.COM – 580 Vieux Chemin de Sainte Musse – 83100 Toulon, giving us names, first names, address.
In accordance with the applicable regulations, the Customer may, if he wishes, file a complaint with the CNIL according to the procedures indicated on its website (https://www.cnil.fr).
RUGBY CLUB TOULONNAIS is committed to guaranteeing the security and confidentiality of personal data communicated and transmitted by the Client in order to prevent it from being distorted, damaged or unauthorized third parties have access to it.
14. APPLICABLE LAW - JURISDICTION
These GTC are subject to French law.
RUGBY CLUB TOULONNAIS and the Consumer Client make their best efforts to settle their dispute amicably and may submit it to a consumer mediator before any seizure of the judge.
In accordance with article L. 612-1 of the Consumer Code, within one year from the date of his written complaint, the consumer, subject to article L.152-2 of the Consumer Code, has the right to submit a request for an amicable resolution by mediation, to:
In the absence of an amicable settlement, the dispute will be submitted to the competent French courts.