Chapter Roma
GENERAL TERMS AND CONDITIONS OF RENTAL
1.Introduction
These General Terms and Conditions govern the remote rental of “Le Cagole” branded products through the Website (hereinafter referred to as the “Website”).
Product Offerings
The products available on the Website are rented directly by Le Cagole Denmark ApS (hereinafter referred to as “Le Cagole”). Le Cagole is a Danish company incorporated under Danish law, with a registered office located at Amerika Plads 37, 2100 Copenhagen East, and Danish company registration number 36733314.
User Eligibility
The use of the remote rental service governed by these General Terms and Conditions is exclusively reserved for consumers (hereinafter referred to individually as “Customer” or, collectively, “Customers”). This includes natural persons acting for purposes unrelated to business, entrepreneurial, artisanal, or professional activities, who are over the age of 18 (or, if younger, authorized by their legal representative).
Resale and Transfer Restrictions
The resale or transfer of the products rented on the Website for any commercial or professional purpose whatsoever is strictly prohibited.
Delivery Restrictions
The products offered for rental on the Website can only be delivered to an address located within Denmark.
Language of Contract
The language used to execute the rental contract through the Website is English.
Publication and Storage
These General Terms and Conditions are published on the Website for Customers’ information, storage, and reproduction purposes, in compliance with the applicable laws in force.
1.6. Rental Terms
The rental of products is governed exclusively by the General Terms and Conditions of Rental published on the Website and effective at the time of the relevant rental.
Le Cagole reserves the right to amend and/or integrate the General Terms and Conditions of Rental at any time.
Any amendments and/or integrations will only be effective for rentals made after the date the new version of the General Terms and Conditions of Rental is published.
The replacement of the General Terms and Conditions of Rental with a new version automatically implies that the former version is no longer applicable, ineffective, and non-enforceable for rentals made after the new version is removed from the Website, even if the former version is accessible and/or available to the general public through other internet websites.
- Product Availability
2.1. The Customer acknowledges that the products offered by Le Cagole on the Website (hereinafter referred to as the “Products”) are limited in quantity, and the Customer is therefore aware that Le Cagole will need to verify their availability at the time of the rental.
Occasionally, the availability of certain Products may cause inconvenience. In such cases, Le Cagole will promptly inform the Customer via email (within the specified deadlines) that the order has been canceled.
If only a partial order is available, the Customer will be notified accordingly. However, the Customer acknowledges and accepts to receive only the available Products unless they have explicitly selected on the Website the option to receive the entire order. In such a case, the Customer will be prompted to choose whether to receive the available Products or fully cancel the order.
Le Cagole retains the sole discretion to modify the articles rented on the Website at any time, without prior notice.
- Rental Process:
3.1. Each Product offered for rental on the Website can be viewed by following a dedicated link that displays the article’s photographic images, unit price, colors, and sizes (if applicable). For Products specifically marked on the Website as “Pre Order,” “Pre Ordered Product,” or “Personalized Products” that are not yet ready for shipment, the relevant dedicated link will also indicate the estimated delivery date.
3.2. The Customer may rent one or more Products, with a maximum limit of four units per Product, except as specified for certain types of Products. Le Cagole reserves the right to modify these limitations at any time.
3.3. The chosen Products will be placed in a designated section (hereafter called the “Shopping Bag”).
A detailed description of the Products, including any relevant measurements or sizes, will be included in the Customer’s Shopping Bag.
3.4. Although Le Cagole takes every measure to ensure that the photographs displayed on the Website accurately represent the original products, there may occasionally be discrepancies due to the technical limitations and color resolution of the device used by the Customer. Consequently, Le Cagole will not be held responsible for any potential shortcomings in the graphic representations of the Products displayed on the Website if these discrepancies are attributable to the aforementioned technical reasons.
3.5. To view the Products you’ve selected and the total price of the rental order, simply visit the Shopping Bag page.
Before confirming the relevant order (hereafter referred to as the “Order”), the Customer must carefully review the contents of the Shopping Bag and complete the Order form as per the instructions provided on the Website.
3.6. The rental process is finalized when the Customer presses the relevant final Order confirmation button (hereafter called the “Rent Button”). This button validates the Order, which will be directly submitted to Le Cagole.
After pressing the Rent Button, the Customer will no longer have the ability to modify the contents of the Order.
**3.7. Before finalizing the rental, the Customer must confirm that they’ve read and accepted the General Terms and Conditions of Rental.** At the end of the rental process, it’s recommended to save or print these terms.
**3.8. The entire rental process must be completed; otherwise, the Order won’t be submitted to Le Cagole.**
**3.9. Le Cagole will store each Order and the Customer’s data needed for the rental for the specified duration, adhering to the current applicable laws.**
**3.10. Any use of the Customer’s data for purposes other than the rental requires their prior and explicit consent, as outlined in the “privacy policy statement” on the Website.**
**3.11. Registered Customers can check their Order status by logging in and accessing the ‘My Orders’ page.**
**3.12. The Customer is responsible for ensuring the accuracy and truthfulness of any data entered on the Website or otherwise used during the rental process.**
**3.13. The Website offers the following opportunities:**
- to pre-order a selection of Products before they’re commercially available, distributed, and marketed.
- to rent products that they want to permanently personalize by adding non-removable customizations, as indicated on the Website (for instance, through hot stamping).
The Customer acknowledges that these products aren’t yet available for delivery when they submit their order. Products that can be pre-ordered are clearly marked on the Website with the terms “Pre Order” or “Pre Ordered Product.” Products that can be personalized are also clearly marked on the Website with the terms “Personalized Products.”
3.13. If a Customer pre-orders a Product or rents a Personalized Product, the price shown on the Website and displayed in the Shopping Bag section will be charged to the Customer at the moment of receiving the Confirmation Email, as outlined in Section 4.2. However, the Pre Ordered Product and the Personalized Product won’t be ready for shipment at that time.
The Pre Ordered Product and the Personalized Product will be delivered to the Customer within the estimated date specified in the Product page description.
In the event that the Customer’s Order includes Pre-Ordered Products and/or Personalized Products in addition to the already available Products, all applicable prices for these additional items will be charged upon receipt of the Confirmation Email. Despite the delivery of these Pre-Ordered and Personalized Products at the respective estimated delivery dates specified in the Product pages’ descriptions, the Customer acknowledges and agrees that the following sections of these General Terms and Conditions of Rental will also apply to these Products:
3.14. Specific details regarding payment, delivery, and confirmation of Pre-Ordered Products and Personalized Products are provided in the respective sections.
3.15. The Customer acknowledges and agrees that, with the exception of what is specifically provided herein for Pre-Ordered Products and Personalized Products, the remaining sections of these General Terms and Conditions of Rental will also apply to Pre-Ordered Products and Personalized Products.
4. Execution of Contract:
4.1. Upon confirmation of the Order, it is submitted to Le Cagole for processing and cannot be modified or canceled.
The Order placed by the Customer will only be processed by Le Cagole once the entire purchasing process has been completed without any errors being reported by the Website.
Upon placing an order, customers will receive an email confirming receipt. However, this doesn’t imply acceptance. Le Cagole’s acceptance and contract conclusion will be outlined in section 4.2.
4.2. The contract between Le Cagole and the customer will be considered executed upon receiving one or more confirmation emails from Le Cagole (referred to as the “Confirmation Email”).
The Confirmation Email will be sent to the customer’s address provided in the order form. It will include relevant confirmations and a summary of the terms and conditions of the rent. This may include the product’s description and main features, the total order price (including shipping costs), the complaint address, information on after-rent services, and the customer’s right of withdrawal and its exercise.
4.3. Le Cagole reserves the right to reject an order under the following circumstances:
a) The products in the order are unavailable, even if they’re pre-ordered.
b) There’s a dispute between Le Cagole and the customer regarding a previous order.
c) The customer has breached the General Terms and Conditions of Rent on previous occasions or hasn’t fulfilled their obligations arising from those terms.
**d)** Le Cagole discovers that the customer intends to rent the products for resale or commercial/professional purposes.
**e)** Le Cagole suspects the customer of illegal or fraudulent activities.
In such cases, Le Cagole will notify the customer via email within thirty (30) days of receiving the order, informing them of the cancellation. Consequently, no order will be considered accepted by Le Cagole.
**4.4** If a partial product is available, the Customer will be prompted to choose between receiving the available products or canceling the entire order. If they cancel partially, they’ll only be charged for the actual rental price.
The Customer acknowledges and accepts receiving only the available products unless they’ve explicitly selected the option to receive the entire order on the Website.
**5. Price and Payment Method**
**5.1** All products offered for rental on the Website are inclusive of Value-Added Tax (VAT).
**5.2** Prices will be displayed in Danish krone (DKK).
**5.3** The total price in the Shopping Cart includes shipping costs, which will be shown separately.
In any case, Le Cagole will obtain the Customer’s explicit consent to charge any additional costs.
**5.4** Prices displayed on the Website and in the Shopping Bag section after confirming the Order by pressing the Rent Button will be charged to the Customer. However, this doesn’t apply to Orders containing Pre-Ordered Products and/or Personalized Products, for which the relevant amount will be charged in advance, as per clause 5.6, even if they’re not yet ready for shipment.
Le Cagole reserves the right to modify the prices of products offered for rent on the Website at any time and without prior notice.
Le Cagole accepts only credit cards and the other payment methods explicitly mentioned on their website.
For credit card payments, the customer confirms and warrants that they are the owner of the credit card used for the rent. They also ensure that all relevant data entered at the time of rent, such as the credit card number, expiry date, and security code, is accurate.
Transaction amounts will only be charged to the customer once the following conditions are met:
– Verification of the credit card data.
– Receipt from the credit card company of the debit authorization.
– Le Cagole’s confirmation that the product is available and, in any case, after the order is ready for processing.
**Orders with Pre-Ordered or Personalized Products:**
– The total transaction amount will be charged for all available products at the time of confirmation.
– Pre-ordered or personalized products not yet ready for shipment will be charged separately.
**Orders with Pre-Ordered and Personalized Products:**
– The total transaction amount will be charged for all available products at the time of confirmation.
– Pre-ordered and personalized products not yet ready for shipment will be charged separately.
**Payment through Other Payment Service Providers:**
– The customer confirms and warrants ownership of the payment account.
– Customers will only be charged the relevant transaction amounts upon receiving the confirmation email from Le Cagole.
**Product Delivery:**
– Rented products will only be shipped after the due payment.
– If the customer is unable to pay the amount due, the rent process will automatically terminate, and the rent will be canceled. The customer will be notified accordingly.
**Partial Order Cancellation:**
– In the event that one or more products are unavailable, and the customer has decided not to cancel the order entirely, only the price of the available products and any associated shipping costs will be charged.
**6.1. Product Delivery**
Upon shipping readiness, customers will receive products individually unless they opt for the “Receive entire order as one shipment” option on the website. Le Cagole will deliver products to the customer-provided address, and a signature request will be made upon delivery.
**6.2. Security Measures**
For security reasons, Le Cagole will not process orders to post office boxes or accept orders without verifying the identity of the natural person and their relevant address.
**6.3. Rental Product Delivery**
Rental products available on the website can only be delivered to addresses within the country specified in section 1.3. Orders for delivery outside this country will automatically be rejected during the processing phase.
**6.4. Shipping Costs**
Shipping costs will be displayed separately from other expenses upon completing the order and before pressing the “Rent” button.
**6.5. Delivery Term**
Le Cagole is obligated to deliver rented products within 30 days of the contract execution date, except in cases of force majeure events.
**6.6. Pre-Ordered and Personalized Products**
Delivery dates for pre-ordered and personalized products are longer than 30 days. Le Cagole will deliver these products at the estimated delivery dates or during the agreed-upon delivery period, as specified on the product page description.
**6.7. Late Delivery Penalties**
In the event of a late delivery, the customer will request an additional delivery term that aligns with the circumstances, in accordance with applicable laws.
**Customer Rights and Obligations**
**6.1. Immediate Contract Termination**
If the Product rented is not delivered within the additional term specified, the Customer has the right to terminate the contract immediately.
**6.2. Multiple Shipments**
Le Cagole may divide the Order into multiple shipments based on the availability of the Products for delivery. The Customer will receive the Products separately upon their availability for shipment, unless the Customer has selected on the Website the option to receive the Order as a whole. Le Cagole can either charge the Customer for the Products as and when they are shipped or as a single payment.
**6.3. Delivery Notification**
As soon as the rented Product is shipped, the Customer will receive an email to the address indicated in the Order. This email will contain a shipment tracking code and an exclusive link that allows the Customer to monitor the delivery in real-time.
**6.4. Client Service Assistance**
Le Cagole’s Client Service will provide assistance for any potential delivery-related problems. Customers can contact Le Cagole’s Client Service by email at: client.service@lecagole.com.
**6.5. Alternative Delivery Options**
Alternatively, the Customer can request to collect the Products they rented directly from a store selected on the Website at the time of the rental. If the relevant Order doesn’t include any Pre-Ordered Products or Personalized Products, the Customer can collect the Products within 30 (thirty) days of receiving an email informing them that the Product is available for collection. If the Customer fails to collect the Products within the specified timeframe, Le Cagole may cancel the rental. In such a case, the Customer will receive an email notification of the cancellation and will be refunded any amounts already paid.
