General terms and conditions of sale
GENERAL TERMS AND CONDITIONS OF SALE
Conditions of the offer " 1 patch offered" :
Each order will receive 1 additional free Fazup patch.
Delivery times may vary according to the current constraints related to the Covid19 pandemic. La Poste does not guarantee any more the usual delivery times.
The offer is valid from 26/05/2020 until 15/06/2020, subject to available stocks and may be renewed.
ARTICLE 1 - Scope of application
The present General Conditions of Sale apply, without restriction nor reserve to the whole of the sales concluded by PatchFazup ("the Salesman") near consumers and nonprofessional purchasers ("the Customers or the Customer"), wishing to acquire the products proposed with the sale by the Salesman ("the Products") on the PatchFazup Internet site. They specify in particular the conditions of order, payment, delivery and management of the possible returns of the Products ordered by the Customers.
The Products offered with the sale on the Internet site PatchFazup are the following ones:
DESCRIPTION OF THE PRODUCTS
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products are presented on the PatchFazup website.
The Customer is held to take note of it before any placing of order.
The choice and the purchase of a Product is the sole responsibility of the Customer.
The photographs and graphics presented on the PatchFazup website are not contractual and cannot engage the responsibility of the Seller.
The Customer is held to refer to the description of each Product in order to know its properties and essential characteristics.
The offers of Products are understood within the limit of available stocks, as specified at the time of the placing of the order.
These General Terms and Conditions of Sale apply to the exclusion of all other conditions, in particular those applicable to sales in stores or through other distribution and marketing channels.
These Terms and Conditions of Sale are accessible at any time on the PatchFazup website and will prevail, if necessary, on any other version or any other contradictory document.
The Customer declares to have read these Terms and Conditions of Sale and to have accepted them by checking the box provided for this purpose before the implementation of the online ordering procedure as well as the general conditions of use of the PatchFazup website.
As these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is the one in force on the website on the date the order is placed.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
In accordance with the French Data Protection Act of 6 January 1978, the Customer has the right to access, rectify and oppose at any time, all his personal data by writing, by mail and by proving his identity, by clicking here.
The validation of the order by the Customer constitutes acceptance without restriction or reservation of these General Terms and Conditions of Sale.
The Customer acknowledges having the required capacity to contract and acquire the Products offered on the PatchFazup website.
The Products presented on the Internet site PatchFazup are offered for sale for the following territories: France, Belgium, Luxembourg, Canada, Switzerland and the rest of the world.
In case of order towards a country other than metropolitan France, the Customer is the importer of the concerned Product(s).
For all Products shipped outside the European Union and French overseas departments and territories, the price will be automatically calculated net of tax on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable. They shall be borne and are the sole responsibility of the Customer.
The modifications of these General Conditions of Sale are opposable to the users of the PatchFazup website as from their setting on line and cannot apply to the transactions concluded previously.
ARTICLE 2 - Orders
It is up to the Customer to select on the PatchFazup website the Products that he wishes to order, according to the following methods:
Description of the process of placing and validating the order, confirmation of the said order and payment.
The contractual information is presented in French language and is the subject of a confirmation at the latest at the time of the validation of the order by the Customer.
Product offers are valid as long as they are visible on the site, within the limit of available stocks.
The sale shall not be considered final until the confirmation of acceptance of the order has been sent to the Customer by the Seller by e-mail and the full price has been received by the Seller.
For orders placed exclusively on the Internet, the registration of an order on the Vendor's site is carried out when the Customer accepts the present General Terms and Conditions of Sale by ticking the box provided for this purpose and validates his order.
The Customer has the opportunity to check the details of his order, its total price and to correct any errors before confirming its acceptance (Article 1127-2 of the Civil Code). This validation implies the acceptance of the entirety of the present General Terms and Conditions of Sale and constitutes proof of the contract of sale.
It is therefore up to the Customer to check the accuracy of the order and to immediately report any error.
Any order placed on the PatchFazup website constitutes the formation of a contract concluded remotely between the Customer and the Salesman.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there would be a dispute regarding the payment of a previous order.
The Customer will be able to follow the evolution of his order on the PatchFazup website.
The Salesman does not have vocation to sell the Products on the PatchFazup website to professionals, but only to consumers or non-professionals, for their personal needs.
The Salesman thus reserves the right to refuse the orders of the same Product in important quantities and comprising more than 9 identical articles.
Any modifications of the order by the Customer may only be taken into account by the Seller within the limits of its possibilities and on condition that the Customer notifies the Seller by e-mail at least 2 days before the date scheduled for shipment of the order.
In the event that these modifications cannot be accepted by the Seller, the sums paid by the Customer shall be returned to the Seller within a maximum period of 30 days from the notification of the impossibility of accepting the modifications requested by the Customer (unless the Customer prefers to receive a credit note).
In the event of cancellation of the order by the Customer after its acceptance by the Seller less than 14 days before the date scheduled for the supply of the Products ordered, for any reason whatsoever except for the exercise of the right of withdrawal or force majeure, the deposit paid with the order, as defined in the article "Terms of Payment" of these General Terms and Conditions of Sale, shall be automatically acquired by the Seller and may not give rise to any reimbursement whatsoever.
In the event of cancellation of the order by the Customer after its acceptance by the Seller less than 14 days prior to the date scheduled for the supply of the Products ordered, for any reason whatsoever other than the exercise of the right of retraction or force majeure, a sum corresponding to 50% of the total amount of the purchase shall be acquired by the Seller and invoiced to the Customer as damages and interest, as compensation for the loss thus suffered.
ARTICLE 3 - Prices
The Products are provided at the current prices appearing on the PatchFazup website at the time of the registration of the order by the Seller. The prices are expressed in Euros, exclusive of tax and including all taxes.
The prices take into account possible reductions which would be granted by the Seller on the PatchFazup website.
These prices are firm and nonrevisable during their period of validity, as indicated on the PatchFazup website, the Seller reserves the right, outside this period of validity, to modify the prices at any time. They do not include the expenses of treatment, forwarding, transport and delivery, which are invoiced in supplement, under the conditions indicated on the PatchFazup website and calculated before the placing of the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these expenses.
Possible specific orders of the Customer can be envisaged. If necessary they will be the subject of an estimate beforehand accepted by this one. Estimates drawn up by the Seller are valid for a period of 1 month from their date of establishment.
The order on estimate is considered as accepted only after the payment of a deposit of 100% of the amount of the order.
An invoice is issued by the Seller and given to the Customer upon receipt of payment.
ARTICLE 4 - Terms of payment
The price is payable cash, in full on the day the order is placed by the Customer, by means of secure payment, according to the following terms and conditions:
by credit cards: Visa, MasterCard, American Express, other credit cards
The payment data are exchanged in encrypted mode thanks to the SSL protocol.
ARTICLE 5 - Deliveries
The Products ordered by the Customer will be delivered in metropolitan France (and in the following countries : Europe and the rest of the world in a shipping time indicated on the Product sheet to which is added the time of treatment and routing to the address indicated by the Customer at the time of his order on the PatchFazup website.
Delivery is the transfer of physical possession or control of the Product to the Customer.
Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in a single delivery.
The Seller undertakes to use its best efforts to deliver the Products ordered by the Customer within the time limits specified above.
However, these deadlines are communicated for information purposes only.
If the Products ordered have not been delivered within 30 days after the indicative delivery date, for any reason other than force majeure or the Customer's fault, the sale may be cancelled at the Customer's written request under the conditions set forth in Articles L 216-2 L 216-3 L241-4 of the French Consumer Code.
The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of termination of the contract, to the exclusion of any compensation or deduction.
Pursuant to the order of March 14, 2016 relating to the legislative part of the Consumer Code, when the seller will take charge of the delivery of the goods sold, the risk of loss or deterioration of the goods will be transferred to the consumer only when the latter takes physical possession of them (C. consom. art. L 216-4). According to the current rules of common law, goods travel at the risk and peril of their owner, who is usually the customer (C. civ. arts. 1196, 1344-2 and 1624; C. com. art. L 132-7). With regard to contracts concluded at a distance, the Cour de cassation had already ruled that the seller who has entrusted the delivery of a good to a carrier is solely liable to the customer when the good has been lost during transport (Cass. 1e civ. 13-11-2008 No. 07-14.856: RJDA 10/09 No. 838). The solution now applies to all sales concluded by a consumer. The postponement of the transfer of risk to the date of delivery is, however, subject to one exception: the risk will be transferred to the consumer when the goods are handed over to the carrier when the carrier has been entrusted with the transport by the consumer and the choice has not been proposed by the professional (Art. L 216-5).
Deliveries are made by an independent carrier, to the address mentioned by the Customer at the time of the order and to which the carrier can easily access.
When the Customer has itself chosen a carrier of its own choosing, delivery shall be deemed to have been made as soon as the Products ordered by the Seller have been handed over to the carrier, once it has handed over the Products sold to the carrier, which has accepted them without reservation.
The Customer therefore acknowledges that it is the responsibility of the carrier to make the delivery and has no warranty claim against the Seller in the event of non-delivery of the goods transported.
In the event of a special request by the Customer concerning the packaging or transport conditions of the ordered products, duly accepted in writing by the Seller, the related costs will be subject to a specific additional invoice, based on an estimate previously accepted in writing by the Customer.
The Customer is required to check the condition of the products delivered.
The Customer has a period of 30 days from delivery to express by e-mail any reservations or claims for nonconformity or apparent defect of the Products delivered (e.g. damaged package already opened ...), with all the relevant evidence (photos in particular).
After this deadline and in the absence of having complied with these formalities, the Products shall be deemed to be in conformity and free of any apparent defect and no complaint may be validly accepted by the Seller.
The Seller shall reimburse or replace, as soon as possible and at its own expense, the delivered Products whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions set forth in Articles L 217-4 et seq. of the French Consumer Code and those set forth in these General Terms and Conditions of Sale (see warranties, in particular).
ARTICLE 6 - Transfer of Ownership - Transfer of Risks
The transfer of ownership of the Seller's Products to the Customer shall only take place after full payment of the price by the Customer, regardless of the date of delivery of said Products.
Regardless of the date of the transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto shall only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk and peril.
ARTICLE 7 - Right of retraction
In accordance with the legal provisions in force, the Customer has a period of fourteen days from receipt of the Product to exercise its right of withdrawal from the Seller, without having to justify its reasons or pay any penalty, for the purpose of exchange or reimbursement, provided that the Products are returned in their original packaging and in perfect condition within 30 days of notifying the Seller of the Customer's decision to withdraw from the contract.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be put back on the market in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products are not accepted.
The right of retraction can be exercised online, using the retraction form available on the PatchFazup website, in which case an acknowledgement of receipt on a durable support will be immediately communicated to the Customer by the Seller, or any other declaration, free of ambiguity, expressing the will to retract.
In the event of exercise of the right of retraction within the above-mentioned time limit, only the price of the Product(s) purchased and the delivery costs will be refunded; the expenses of return remaining at the expense of the Customer.
The exchange (subject to availability) or refund will be made within 10 days of receipt by the Seller of the Products returned by the Customer under the conditions set forth in this article.
ARTICLE 8 - Liability of the Seller - Warranty
The Products sold on the Internet site PatchFazup are in conformity with the regulations in force in France and have performances compatible with non-professional uses.
The Products provided by the Salesman profit by right and without additional payment, independently of the right of retraction, in accordance with the legal provisions:
the legal guarantee of conformity, for Products that are apparently defective, damaged or damaged or do not correspond to the order,
the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and making them unfit for use,
under the conditions and according to the terms and conditions referred to in the box below and defined in the appendix to these General Terms and Conditions of Sale (Conformity Warranty / Hidden Defects Warranty).
It is reminded that within the framework of the legal guarantee of conformity, the Customer :
- has a period of two years from the delivery of the goods to act against the Seller;
- may choose between repair or replacement of the Product ordered, subject to the cost conditions provided for in Article L 217-9 of the French Consumer Code;
- is exempt from having to provide proof of the existence of the Product's lack of conformity during the six months following delivery of the Product. This period is extended to 24 months from March 18, 2016, except for second-hand goods.
The Customer may decide to implement the warranty against hidden defects of the Product in accordance with Article 1641 of the Civil Code; in this case, the Customer may choose between cancellation of the sale or a reduction of the sale price in accordance with 1644 of the Civil Code.
In order to assert its rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within a maximum period of 30 days from delivery of the Products or the existence of hidden defects within the above-mentioned periods and return or bring back to the store the defective Products in the state in which they were received with all the elements (accessories, packaging, instructions, etc.).
The Seller shall reimburse, replace or repair Products or parts under warranty that are deemed to be non-compliant or defective.
Shipping costs will be reimbursed on the basis of the invoiced price and the return shipping costs will be reimbursed upon presentation of supporting documents.
Reimbursements for Products deemed to be non-conforming or defective will be made as soon as possible and no later than 15 days following the Seller's discovery of the non-conformity or latent defect.
Reimbursement shall be made by crediting the Customer's bank account.
The Seller shall not be liable in the following cases:
non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to check,
in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, such as in the event of normal wear and tear of the Product, accident or force majeure.
The Seller's warranty is, in any event, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.
The Products bought on the PatchFazup website can benefit, in addition to the legal guarantees of conformity and latent defects of a paying contractual guarantee as indicated in the description of each Product concerned, according to the terms, conditions and tariffs appearing in appendix to the present General Sales Conditions (Appendix II Guarantee Contract).
The contractual warranties cover "Enumeration of contractual warranties" to the exclusion of "Enumeration of situations not covered by the contractual warranties".
Where applicable, the purchased Product also benefits from a manufacturer's commercial warranty (refer to the conditions of the manufacturer's warranty that may be provided in the packaging of the said Product).
ARTICLE 9 - Data Processing and Liberties
In application of the law 78-17 of January 6, 1978, it is recalled that the personal data which are requested from the Customer are necessary for the processing of his order and the establishment of invoices, in particular.
This data may be communicated to any partners of the Seller in charge of the execution, processing, management and payment of orders.
The treatment of the information communicated via the PatchFazup website was the subject of a declaration to the CNIL.
The Customer has, in accordance with the national and European regulations in force, a permanent right of access, modification, correction and opposition concerning the information concerning him.
This right can be exercised under the conditions and according to the methods defined on the PatchFazup website.
ARTICLE 10 - Intellectual Property
The content of the PatchFazup website is the property of the Seller and its partners and is protected by the French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offence of counterfeiting.
In addition, the Seller remains the owner of all intellectual property rights on the photographs, presentations, studies, drawings, models, prototypes, etc., made (even at the Customer's request) for the purpose of providing the Services to the Customer.
The Customer shall therefore refrain from any reproduction or use of said studies, drawings, models, models and prototypes, etc., without the Vendor's express, prior written authorization, which may be subject to a financial consideration.
ARTICLE 11 - Foresight
The Parties have agreed, within the framework of the provisions of Article 1195 of the Civil Code, that a change in the financial, economic or material circumstances surrounding the conclusion of a transaction for the sale of the Seller's products subject to these General Terms and Conditions of Sale and resulting in an increase in price of 30% shall be fully assumed by the Customer even if such risks would make the performance of its obligations excessively onerous for the Customer, all other risks being assumed by the other Party.
However, if the change of circumstances unforeseeable at the time of the conclusion of the contract is definitive or lasts more than 3 months, the present contract will be purely and simply resolved according to the terms defined in the article "Resolution for Unforeseeability".
ARTICLE 12 - Compulsory execution in kind
In the event of a default by either Party in the performance of its obligations, the Party in default shall have the right to request the compulsory performance in kind of its obligations hereunder. Notwithstanding the provisions of Article 1221 of the Civil Code, the creditor of the obligation may pursue such forced performance after a simple formal notice, addressed to the debtor of the obligation by registered letter with acknowledgement of receipt, has remained unsuccessful, whatever the circumstances and even if there is a manifest disproportion between its cost for the debtor and its interest for the creditor.
It is recalled that in the event of failure by either Party to perform its obligations, the Party which is the victim of the default may, in accordance with the provisions of Article 1222 of the Civil Code, 10 days after the sending of a formal notice to perform which has remained unsuccessful, have the obligation itself performed by a third party, at the defaulting Party's expense, provided that the cost is reasonable and in accordance with market practice, without the need for judicial authorization, it being understood that the defaulting Party may also, at its option, request in court that the defaulting Party advance the sums necessary for such enforcement.
ARTICLE 13 - Exception of non-performance
It is recalled that pursuant to Article 1219 of the Civil Code, each Party may refuse to perform its obligation, even though it is due, if the other Party does not perform its obligation and if this non-performance is sufficiently serious, that is to say, likely to call into question the continuation of the contract or to fundamentally upset its economic equilibrium. The suspension of performance shall take effect immediately upon receipt by the defaulting Party of the default notification sent to it for this purpose by the Party suffering from the default indicating the intention to apply the plea of non-performance as long as the defaulting Party has not remedied the default noted, served by registered letter with acknowledgement of receipt or on any other durable written medium allowing proof of dispatch.
This plea of non-performance may also be used as a preventive measure, in accordance with the provisions of Article 1220 of the Civil Code, if it is clear that one of the Parties will not perform its obligations on the due date and that the consequences of such non-performance are sufficiently serious for the Party that is the victim of the default.
This option is used at the risk and peril of the Party taking the initiative.
Suspension of performance shall take effect immediately upon receipt by the Party presumed to be in default of notification of the intention to apply the plea of preventive non-performance until the Party presumed to be in default has performed the obligation in respect of which a future default is manifest, served by registered letter with acknowledgement of receipt or on any other durable written medium capable of providing proof of dispatch.
If the impediment is definitive or continues beyond 30 days, the present agreement shall be purely and simply resolved in accordance with the terms and conditions set out in the article Resolution for failure of a Party to meet its obligations.
ARTICLE 14 - Force majeure
The Parties may not be held liable if the non-execution or delay in the execution of any of their obligations, as described herein, results from a case of force majeure, as defined in Article 1218 of the Civil Code.
The party observing the event shall immediately inform the other party of its inability to perform and justify its inability to perform to the latter. The suspension of the obligations can in no case be a cause of responsibility for non-performance of the obligation in question, nor induce the payment of damages or late penalties.
The performance of the obligation is suspended for the duration of the force majeure if it is temporary and does not exceed a period of 30 days.
Consequently, as soon as the cause of the suspension of their mutual obligations disappears, the parties shall make every effort to resume normal performance of their contractual obligations as soon as possible. To this end, the prevented party shall notify the other party of the resumption of its obligation by registered letter with acknowledgement of receipt or any extrajudicial act. If the impediment is definitive or exceeds a period of 30 days, the present contract will be purely and simply resolved according to the terms defined in the article "Resolution for force majeure".
During this suspension, the parties agree that the costs generated by the situation will be borne by the party prevented.
ARTICLE 15 - Resolution of the contract
15-1- Resolution for contingency
Rescission for impossibility of performance of an obligation that has become excessively onerous may, notwithstanding the clause Rescission for failure of a party to fulfil its obligations set out below, only take place 10 days after the sending of a formal notice declaring the intention to apply this clause notified by registered letter with acknowledgement of receipt or any extrajudicial act.
15-2 - Resolution for non-performance of a sufficiently serious obligation
The Party that is the victim of the default may, notwithstanding the clause Resolution for failure of a Party to comply with its obligations set out below, in the event of sufficiently serious non-performance of any of the obligations incumbent on the other Party, notify the defaulting Party by registered letter with acknowledgement of receipt, of the faulty resolution of the present agreement, 10 days after the sending of a formal notice to perform that has remained unsuccessful, in application of the provisions of Article 1224 of the Civil Code.
15-3 - Resolution for force majeure
It is expressly agreed that the parties may terminate this contract by operation of law, without notice or formality.
15-4 - Rescission for breach of a party's obligations
In the event of non-compliance by either party with the following obligations :
Non-payment on the due date of the services ordered by the Customer".
referred to in the articles of this contract, this contract may be terminated at the option of the injured party.
It is expressly understood that such termination for failure of a party to fulfill its obligations shall take place by operation of law, the formal notice resulting from the sole fact of the non-performance of the obligation, without summons or execution of formalities.
15-5 - Provisions common to the cases of rescission
It is expressly agreed between the Parties that the debtor of an obligation to pay under the terms of this agreement shall be validly put in default by the mere exigibility of the obligation, in accordance with the provisions of Article 1344 of the Civil Code.
Since the services exchanged between the Parties from the conclusion of the contract until its termination can only be useful if they are fully performed, they shall be fully refunded.
ARTICLE 16 - Applicable law - Language
Caution: The contract concluded between a consumer and a professional may be subject to the law of a non-European Union Member State, but this choice must not deprive the consumer of the protection afforded by the mandatory rules of Community law transposed into domestic law when this contract has a close link with the territory of a Member State.
The ordinance of March 14, 2016 n° 2016-301 relating to the legislative part of the Consumer Code institutes an identical presumption of a close link between the contract and a Member State in the following cases, in particular (art. L231-1), this list being not exhaustive:
the contract was concluded in the Member State of the consumer's habitual residence; the professional directs his activity towards the territory of the Member State where the consumer resides, provided that the contract falls within the scope of this activity; the contract has been preceded in that Member State by a specially made offer or by advertising and the acts performed by the consumer necessary for the conclusion of that contract; the contract has been concluded in a Member State to which the consumer has gone following an offer of travel or stay made, directly or indirectly, by the seller to induce him to conclude that contract. The fact that a trader has turned his business towards a member state also makes it possible to determine the national court having jurisdiction to hear an intra-Community dispute relating to a contract concluded by a consumer (Reg. 44/2001 of 22-12-2000, art. 15, § 1-c). For the application of this text, it has been held that the mere use of a website by the trader is not sufficient to consider that he is directing his activity towards the Member State of the consumer who makes a purchase via this site (CJEU 7-12-2010 aff. 585/08 and 144/09: RJDA 2/11 no. 205). Other clues are necessary, for example the drafting of the site in a language other than that of the trader.
The present General Terms and Conditions of Sale and the operations arising therefrom are governed and subject to French law.
The present General Terms and Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
ARTICLE 17 - Disputes
All the litigations to which the operations of purchase and sale concluded in application of the present general conditions of sale could give place, concerning so much their validity, their interpretation, their execution, their cancellation, their consequences and their consequences and which could not be solved between the salesman and the customer will be subjected to the courts of competent jurisdiction under the conditions of common law.
The Customer is informed that he can in any case have recourse to conventional mediation, in particular with the Commission of the mediation of the consumption (C. consom. art. L 612-1) or with the existing sectoral mediation bodies, and whose references appear on the Internet site "PatchFazup" or with any alternative mode of settlement of the disputes (conciliation, for example) in the event of dispute.
ARTICLE 18 - Pre-contractual information - Acceptance of the Customer
The fact for a natural person (or legal entity), to order on the "PatchFazup" Internet site implies adhesion and full and entire acceptance of the present General Terms of Sale and obligation to pay for the ordered Products, which is expressly recognized by the Customer, who renounces, in particular, to take advantage of any contradictory document, which would be unenforceable against the Seller.
APPENDIX I - Provisions relating to legal warranties
Article L217-4 of the Consumer Code :
The seller is required to deliver goods in conformity with the contract and is responsible for any defects of conformity existing at the time of delivery. It is also liable for defects of conformity resulting from packaging, assembly instructions or installation when the latter has been charged to it by the contract or has been carried out under its responsibility.
Article L217-5 of the Consumer Code:
Be fit for the use usually expected of a similar good and, where applicable: correspond to 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 present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling.
Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter.
Article L217-12 of the Consumer Code :
The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods.
Article L217-16 of the Consumer Code :
When the buyer asks the seller, during the course of the commercial guarantee which was granted to him at the time of the acquisition or the repair of a movable good, for a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period starts from the date of the buyer's request for intervention or from the date the goods are made available for repair, if this availability is subsequent to the request for intervention.
Article 1641 of the Civil Code :
The seller is bound by the guarantee because of the hidden defects of the thing sold which make it unfit for the use for which it is intended, or which diminish this use so much that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them.
Article 1648 paragraph 1 of the Civil Code :
The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.