GENERAL TERMS & CONDITIONS

Terms of Sales

online products to particular consumers

 

 

 

 Preamble

 

These general conditions of sale apply to all sales concluded on the LOUISE MARCAUD website.

 

The website https://www.louisemarcaud.com is a service of:

· The sole proprietorship LOUISE MARCAUD

· Located 276 Avenue Daumesnil 75012 Paris, France

· URL address of the site: https://www.louisemarcaud.com

· E-mail: marcaud.louise@gmail.com

· Telephone number: 06 63 15 58 77

The LOUISE MARCAUD website sells the following products: clothing.

The customer declares to have read and accepted the general conditions of sale prior to the placing of his order. The validation of the order is worth acceptance of the general conditions of sale.

 

Article 1 - Principles

 

These general conditions express the entirety of the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.

The present general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable for the sales in store or by means of other channels of distribution and marketing.

They are accessible on the LOUISE MARCAUD website and will prevail, if necessary, on any other version or any other contradictory document.

The seller and the buyer agree that these terms and conditions govern exclusively their relationship. The seller reserves the right to modify his general conditions. They will be applicable as soon as they are posted.

If a condition of sale should be missing, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France.

These general conditions of sale are valid until September 30, 2020.

 

 

Article 2 - Content

 

The purpose of these general conditions is to define the rights and obligations of the parties in connection with the online sale of goods offered by the seller to the buyer, from the LOUISE MARCAUD website.

These conditions apply only to purchases made on the site of LOUISE MARCAUD and delivered exclusively in France or in Corsica. For all deliveries in the DOM-TOM or abroad, it is advisable to address a message to the following e-mail address: marcaud.louise@gmail.com.

These purchases concern the following products: clothing.

 

Article 3 - Precontractual information

 

The buyer acknowledges having communicated, before the placing of his order and the conclusion of the contract, in a readable and understandable way, these general conditions of sale and all the information listed in Article L. 221- 5 of the Consumer Code.

 

The following information is provided to the buyer in a clear and understandable manner:

- the essential characteristics of the property;

- the price of the good and / or the method of calculating the price;

- if applicable, any additional charges for transportation, delivery or postage and any other charges that may be required;

- in the absence of immediate execution of the contract, the date or the period in which the seller undertakes to deliver the goods, whatever their price;

- information relating to the identity of the seller, his postal, telephone and electronic contact details, and his activities, those relating to legal warranties, the functionalities of digital content and, where appropriate, its interoperability, the existence of and the terms of implementation of the guarantees and other contractual conditions.

 

Article 4 - The order

 

The buyer has the opportunity to place his order online, from the online catalog and using the form therein, for any product, within the limits of available stocks.

The buyer will be informed of any unavailability of the product or property ordered.

For the order to be validated, the buyer will have to accept, by clicking in the indicated place, these general conditions. He will also have to choose the address and the mode of delivery, and finally to validate the mode of payment.

The sale will be considered final:

- after sending the buyer the confirmation of acceptance of the order by the seller by email;

- and after receipt by the seller of the full price.

Any order implies acceptance of the prices and the description of the products available for sale. Any dispute on this point will occur in the context of a possible exchange and guarantees mentioned below.

In some cases, including default of payment, wrong address or other problem on the account of the buyer, the seller reserves the right to block the order of the buyer until the problem is solved.

For any question relating to the follow-up of an order, the buyer can call the following telephone number: 06 63 15 58 77

7 (cost of a local call), on the following days and times: Monday to Friday, from 10h to 19h, or send an email to the seller at the following email address: marcaud.louise@gmail.com.

 

Article 5 - Electronic Signature

 

The online supply of the buyer's credit card number and the final validation of the order will be proof of the agreement of the buyer:

- payment of sums due under the purchase order;

- signature and express acceptance of all the operations carried out.

In case of fraudulent use of the credit card, the buyer is invited, upon the finding of this use, to contact the seller at the following phone number: 06 63 15 58 77.

 

Article 6 - Order Confirmation

 

The seller provides the buyer with an order confirmation, by e-mail.

 

Article 7 - Proof of the transaction

 

The computerized records kept in the seller's computer systems under reasonable security conditions will be considered as proof of communications, orders and payments between the parties. The filing of purchase orders and invoices is done on a reliable and durable support that can be produced as evidence.

 

Article 8 - Product Information

 

The products governed by these terms and conditions are those listed on the website of the seller and which are indicated as sold and shipped by the seller. They are offered within the limits of available stocks.

The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred regarding this presentation, the seller's liability could not be incurred.

The photographs of the products are not contractual.

 

Article 9 - Price

 

The seller reserves the right to change prices at any time but agrees to apply the current rates indicated at the time of order, subject to availability on that date.

Prices are in euros. They do not take into account the delivery costs, invoiced in addition, and indicated before the validation of the order. The prices take account of the VAT applicable on the day of the order and any change of the applicable VAT rate will be automatically reflected on the price of the products of the online shop.

If one or more taxes or contributions, including environmental, were to be created or modified, up or down, this change can be reflected in the selling price of products.

 

Article 10 - Method of payment

 

This is an order with payment obligation, which means that the placing of the order involves a payment from the buyer.

To pay for his order, the buyer has, at his option, all the methods of payment made available by the seller and listed on the seller's website. The buyer guarantees the seller that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the order form. The seller reserves the right to suspend any order management and any delivery in case of refusal of authorization for payment by credit card from the officially accredited bodies or in case of non-payment. The seller reserves the right to refuse to make a delivery or to honor an order from a buyer who has not fully paid or a previous order or with whom a payment dispute is being administered. .

Payment of the price is made in full on the day of the order, according to the following modalities:

- Bank card

- paypal

 

 

Article 11 - Availability of Products - Reimbursement - Resolution

 

Except in case of force majeure or during periods of closure of the online store that will be clearly announced on the homepage of the site, shipping times will be, within the limits of available stocks, those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email.

For deliveries in Metropolitan France and Corsica, the delay is 1 to 3 weeks from the day following the day the buyer placed his order, according to the following terms: Colissimo. At the latest, the deadline will be 30 working days after the conclusion of the contract.

For deliveries in the DOM-TOM or another country, the delivery terms will be specified to the buyer on a case by case basis.

In case of non-compliance with the agreed date or delivery time, the buyer must, before terminating the contract, order the seller to execute it within a reasonable additional time.

Failing execution on the expiry of this new period, the buyer may freely break the contract.

The purchaser will have to carry out these successive formalities by registered letter with acknowledgment of receipt or by a written

on another durable medium.

The contract will be considered resolved upon receipt by the seller of the letter or writing informing him of this resolution, unless the professional has meanwhile executed.

The buyer can, however, immediately resolve the contract, if the dates or deadlines seen above constitute for him an essential condition of the contract.

In this case, when the contract is resolved, the seller is required to reimburse the buyer for all amounts paid, at the latest within 14 days of the date on which the contract was terminated.

In case of unavailability of the ordered product, the buyer will be informed at the earliest and will have the opportunity to cancel his order. The buyer will then have the choice to request either the refund of the sums paid within 14 days at the latest of their payment, or the exchange of the product.

 

Article 12 - Terms of delivery

 

Delivery means the transfer to the consumer of physical possession or control of the property. The ordered products are delivered according to the modalities and the deadline specified above.

The products are delivered to the address specified by the buyer on the order form, the buyer must ensure its accuracy. Any package returned to the seller because of an incorrect or incomplete delivery address will be returned at the expense of the buyer. The buyer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.

If the buyer is absent on the day of delivery, the driver will leave a notice in the mailbox, which will remove the package at the place and time indicated.

If at the time of delivery, the original packaging is damaged, torn, opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must refuse the package and note a reserve on the delivery note (package refused because open or damaged).

The buyer must indicate on the delivery note and in the form of handwritten reserves accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products ...).

This check is considered to have been made once the buyer, or a person authorized by him, has signed the delivery note.

The buyer must then confirm by registered mail these reservations to the carrier no later than two working days after receipt of the item (s) and send a copy of this letter by fax or simple mail to the seller at the address indicated in the mentions legal notice.

If the products need to be returned to the seller, they must be the subject of a return request from the seller within 14 days of delivery. Any complaint formulated outside this period can not be accepted. The return of the product can only be accepted for products in their original state (packaging, accessories, instructions ...).

 

Article 13 - Delivery Errors

 

The buyer must formulate with the seller the same day of the delivery or at the latest the first working day following the delivery, any complaint of error of delivery and / or non-conformity of the products in kind or in quality with respect to the indications on the order form. Any claim made after this time will be rejected.

The claim can be made, at the choice of the buyer:

- by telephone at the following number: 06 63 15 58 77;

- by e-mail to the following address: marcaud.louise@gmail.com.

Any claim not made in the rules defined above and within the time limits can not be taken into account and release the seller from any liability vis-à-vis the buyer.

Upon receipt of the complaint, the seller will assign an exchange number of the product (s) concerned (s) and will communicate by e-mail to the buyer. The exchange of a product can take place only after the allocation of the exchange number.

In case of error in delivery or exchange, any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, in Colissimo Recommandé, at the following address: 276 Avenue Daumesnil, 75012 Paris.

Return shipping costs are the responsibility of the seller.

 

Article 14 - Product Warranty

 

14-1 Legal guarantee of conformity

The seller is the guarantor of the conformity of the sold property to the contract, allowing the buyer to make a request under the legal guarantee of conformity provided for in articles L. 217-4 and following of the code of consumption.

In case of implementation of the legal guarantee of conformity, it is recalled that:

- the buyer has a period of 2 years from delivery of the property to act;

- the buyer can choose between the repair or replacement of the property, subject to the cost conditions provided by Article L. 217-17 of the code of the

on another durable medium.

The contract will be considered resolved upon receipt by the seller of the letter or writing informing him of this resolution, unless the professional has meanwhile executed.

The buyer can, however, immediately resolve the contract, if the dates or deadlines seen above constitute for him an essential condition of the contract.

In this case, when the contract is resolved, the seller is required to reimburse the buyer for all amounts paid, at the latest within 14 days of the date on which the contract was terminated.

In case of unavailability of the ordered product, the buyer will be informed at the earliest and will have the opportunity to cancel his order. The buyer will then have the choice to request either the refund of the sums paid within 14 days at the latest of their payment, or the exchange of the product.

 

Article 12 - Terms of delivery

 

Delivery means the transfer to the consumer of physical possession or control of the property. The ordered products are delivered according to the modalities and the deadline specified above.

The products are delivered to the address specified by the buyer on the order form, the buyer must ensure its accuracy. Any package returned to the seller because of an incorrect or incomplete delivery address will be returned at the expense of the buyer. The buyer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.

If the buyer is absent on the day of delivery, the driver will leave a notice in the mailbox, which will remove the package at the place and time indicated.

If at the time of delivery, the original packaging is damaged, torn, opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must refuse the package and note a reserve on the delivery note (package refused because open or damaged).

The buyer must indicate on the delivery note and in the form of handwritten reserves accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products ...).

This check is considered to have been made once the buyer, or a person authorized by him, has signed the delivery note.

The buyer must then confirm by registered mail these reservations to the carrier no later than two working days after receipt of the item (s) and send a copy of this letter by fax or simple mail to the seller at the address indicated in the mentions legal notice.

If the products need to be returned to the seller, they must be the subject of a return request from the seller within 14 days of delivery. Any complaint formulated outside this period can not be accepted. The return of the product can only be accepted for products in their original state (packaging, accessories, instructions ...).

 

Article 13 - Delivery Errors

 

The buyer must formulate with the seller the same day of the delivery or at the latest the first working day following the delivery, any complaint of error of delivery and / or non-conformity of the products in kind or in quality with respect to the indications on the order form. Any claim made after this time will be rejected.

The claim can be made, at the choice of the buyer:

- by telephone at the following number: 06 63 15 58 77;

- by e-mail to the following address: marcaud.louise@gmail.com.

Any claim not made in the rules defined above and within the time limits can not be taken into account and release the seller from any liability vis-à-vis the buyer.

Upon receipt of the complaint, the seller will assign an exchange number of the product (s) concerned (s) and will communicate by e-mail to the buyer. The exchange of a product can take place only after the allocation of the exchange number.

In case of error in delivery or exchange, any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, in Colissimo Recommandé, at the following address: 276 Avenue Daumesnil, 75012 Paris.

Return shipping costs are the responsibility of the seller.

 

Article 14 - Product Warranty

 

14-1 Legal guarantee of conformity

The seller is the guarantor of the conformity of the sold property to the contract, allowing the buyer to make a request under the legal guarantee of conformity provided for in articles L. 217-4 and following of the code of consumption.

In case of implementation of the legal guarantee of conformity, it is recalled that:

- the buyer has a period of 2 years from delivery of the property to act;

- the buyer can choose between the repair or replacement of the property, subject to the cost conditions provided by Article L. 217-17 of the code of the

consumption;

- the buyer does not have to prove the non-conformity of the goods during the 24 months in the case of new goods (6 months in the case of second-hand goods), following the delivery of the goods.

 

14-2 Legal guarantee of hidden defects

In accordance with Articles 1641 and following of the Civil Code, the seller is responsible for hidden defects that may affect the property sold. It will be up to the buyer to prove that the defects existed at the sale of the property and are likely to render the property unfit for the use for which it is intended. This guarantee must be implemented within two years from the discovery of the defect.

The buyer can choose between the resolution of the sale or a reduction of the price in accordance with article 1644 of the civil code.

 

Commercial guarantee

The sold products are also covered by a commercial guarantee to guarantee their conformity and ensuring the reimbursement of the purchase price, the replacement or the repair of the goods. It does not cover defects caused by abnormal or incorrect use or resulting from a cause unrelated to the intrinsic qualities of the products.

 

Article 15 - Right of withdrawal

 

Application of the right of withdrawal

In accordance with the provisions of the Consumer Code, the buyer has a period of 14 days from the date of delivery of his order, to return any item does not suit him and request the exchange or refund without penalty, with the exception of the return costs which remain the responsibility of the buyer.

Returns are to be made in their original condition and complete (packaging, accessories, instructions ...) allowing their remarketing in new condition, accompanied by the invoice.

Damaged, soiled or incomplete products are not taken back.

The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the buyer. Any other method of declaration of retraction is accepted. It must be unambiguous and express the will to retract.

In case of exercise of the right of withdrawal within the aforementioned period, are refunded the price of the product (s) purchased (s) and the delivery costs are refunded.

The return costs are the responsibility of the buyer.

The exchange (subject to availability) or refund will be made within 1 month, and at the latest, within 14 days from the receipt by the seller, the products returned by the buyer in the conditions set out above.

 

exceptions

According to article L221-28 of the Consumer Code, the right of withdrawal can not be exercised for contracts:

- supply of goods whose price depends on fluctuations in the financial market beyond the control of the trader and likely to occur during the withdrawal period;

- supply of goods made to the consumer's specifications or clearly personalized;

- supply of goods that may deteriorate or expire rapidly;

- supply of goods which have been unsealed by the consumer after delivery and which can not be returned for reasons of hygiene or health protection;

- supply of goods which, after being delivered and by their nature, are inseparably mixed with other articles;

- supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;

- maintenance or repair work to be performed urgently in the consumer's home and expressly requested by him, within the limits of spare parts and work strictly necessary to respond to the emergency;

- supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;

- supplying a newspaper, periodical or magazine, except for subscription contracts to these publications;

- supply of digital content not provided on a physical medium whose performance has begun after express prior consent of the consumer and express waiver of its right of withdrawal.

 

Article 16 - Force majeure

 

Any circumstances beyond the control of the parties preventing the performance of their obligations under normal conditions shall be considered as grounds for exemption from the obligations of the parties and shall lead to their suspension.

The party invoking the circumstances referred to above must immediately notify the other party of their occurrence and of their disappearance.

Will be considered as force majeure all facts or circumstances irresistible, external parties, unpredictable, inevitable, beyond the control of the parties and

which can not be prevented by them, in spite of all the efforts reasonably possible. Expressly, are regarded as case of force majeure or fortuitous cases, besides those usually retained by the jurisprudence of the French courts and tribunals: the blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunication networks or difficulties specific to telecommunication networks external to customers.

The parties will come together to review the impact of the event and agree on the conditions under which the contract will be continued. If the case of force majeure has a duration greater than three months, these terms and conditions may be terminated by the injured party.

 

Article 17 - Intellectual property

 

The content of the website remains the property of the seller, the sole owner of the intellectual property rights to this content.

Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting.

 

Article 18 - IT and Freedoms

 

The personal data provided by the buyer are necessary for the processing of his order and the preparation of invoices.

They can be communicated to the seller's partners responsible for the execution, processing, management and payment of orders.

The processing of information communicated through the LOUISE MARCAUD website has been declared to the CNIL.

The buyer has a permanent right of access, modification, rectification and opposition regarding the information concerning him. This right may be exercised under the conditions and in the manner defined on the LOUISE MARCAUD website.

 

Article 19 - Partial non-validation

 

If one or more stipulations of the present general conditions are held for invalid or declared such under a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will keep all their force and their reach.

 

Article 20 - Non-Waiver

 

The fact that one of the parties does not claim a breach by the other party of any of the obligations referred to in these terms and conditions can not be construed for the future as a waiver of the obligation in question.

 

Article 21 - Title

 

In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.

 

Article 22 - Language of the contract

 

These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in case of dispute.

 

Article 23 - Mediation

 

The buyer may resort to conventional mediation, particularly with the Consumer Mediation Commission or with existing sectoral mediation bodies, or with any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

 

Article 24 - Applicable law

 

These general conditions are subject to the application of French law. The competent court is the district court for disputes whose amount is less than or equal to € 10,000 or the court of first instance for disputes over € 10,000.

This is so for the substantive rules as for the rules of form. In case of dispute or claim, the buyer will first contact the seller to obtain an amicable solution.

 

Article 25 - Protection of personal data

 

Collected data

The personal data collected on this site are as follows:

- account opening: when creating the user's account, his name; first name; email address ; Phone Number ; address ;

- connection: when the user logs on to the website, the user registers, in particular, his last name, first name, login, usage, location and payment data;

- profile: the use of services provided on the website can provide a profile, which may include an address and a phone number;

- payment: as part of the payment of the products and services offered on the website, the latter records financial data relating to the bank account or credit card of the user;

- communication: when the website is used to communicate with other members, the data concerning the user's communications are subject to temporary storage;

- cookies: cookies are used, as part of the use of the site. The user has the opportunity to

enable cookies from browser settings.

 

Use of personal data

The personal data collected from the users aim at providing the services of the website, improving them and maintaining a secure environment. Specifically, the uses are:

- access and use of the website by the user;

- management of the operation and optimization of the website;

- organization of the conditions of use of the Payment Services;

- verification, identification and authentication of the data transmitted by the user;

- offer the user the opportunity to communicate with other users of the website;

- implementation of a user assistance;

- customization of services by displaying advertisements based on the user's browsing history, according to his preferences;

- prevention and detection of fraud, malware (malicious softwares or malware) and security incident management;

- management of any disputes with users;

- sending commercial and advertising information, according to the preferences of the user.

 

Sharing personal data with third parties

Personal data may be shared with third-party companies in the following cases:

- when the user uses payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has contracts;

- when the user publishes, in the free comment areas of the website, information accessible to the public;

- when the user authorizes the website of a third party to access his data;

- when the website uses the services of providers to provide user support, advertising and payment services. These service providers have limited access to the data of the user, in the context of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the regulations applicable to the protection of personal data. staff ;

- if required by law, the website may transmit data to respond to claims against the website and comply with administrative and judicial procedures;

- if the website is involved in a merger, acquisition, asset transfer or bankruptcy proceeding, it may be required to assign or share all or part of its assets, including personal data. In this case, users would be informed before the personal data are transferred to a third party.

 

Security and confidentiality

 

The website implements organizational, technical, software and physical digital security measures to protect personal data against unauthorized tampering, destruction and access. However, it should be noted that the Internet is not a completely secure environment and the website can not guarantee the security of the transmission or storage of information on the internet.

 

Implementation of user rights

 

In application of the regulations applicable to personal data, users have the following rights, which they can exercise by making their request to the following address: marcaud.louise@gmail.com.

· The right of access: they can exercise their right of access, to know the personal data concerning them. In this case, prior to the implementation of this right, the website may request proof of the identity of the user to verify its accuracy.

· The right of rectification: if the personal data held by the website are inaccurate, they may request the updating of the information.

· The right to delete data: users may request the deletion of their personal data, in accordance with applicable data protection laws.

· The right to limit processing: users may request the website to limit the processing of personal data in accordance with the assumptions provided by the RGPD.

· The right to oppose data processing: users may object to its data being processed in accordance with the assumptions set out in the GDPR.

· The right to portability: they can claim that the website gives them the personal data provided to them for transmission to a new website.

Evolution of this clause

The website reserves the right to make any changes to this clause relating to the protection of personal data at any time. If a modification is made to this protect clause

personal data, the website undertakes to publish the new version on its website. The website will also inform users of the change by email, within a minimum of 15 days before the effective date. If the user does not agree with the terms of the redrafting of the personal data protection clause, he has the option to delete his account.

 

 

 

 

Annex :

 

Cancellation form

(to be completed by the consumer,

and to send by registered letter with acknowledgment of receipt,

within the maximum period of 14 days following the date of conclusion of the service contract)

 

 

Cancellation form

 

To the attention of :

LOUISE MARCAUD

located at: 276 Avenue Daumesnil, 75012 Paris

telephone number: 06 63 15 58 77

email address: marcaud.louise@gmail.com

 

I hereby notify you of my withdrawal from the contract for ....................., ordered on: .........

 

Name and surname of the consumer: .................

Consumer address: .................

 

Date: ..................

 

Signature of the consumer

 

 

 

 

 

 

 

 

 

 

Annex :

 

Code of Consumption

 

Article L. 217-4: "The seller delivers a good in conformity with the contract and answers for the defects of conformity existing at the time of the delivery.

He is also liable for any lack of conformity resulting from the packaging, assembly instructions or the installation when it has been charged to him by the contract or was carried out under his responsibility. "

 

Article L. 217-5: "The property conforms to the contract:

1 ° If it is fit for the customary use of a similar good and, where applicable:

- if it corresponds to the description given by the seller and possesses the qualities that he has presented to the buyer in the form of a sample or a model;

- it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, including advertising or labeling;

2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, made known to the seller and the latter has accepted. "

 

Article L. 217-6: "The seller is not bound by the public statements of the producer or his representative if it is established that he did not know them and was not legitimately able to know them".

 

Article L. 217-7: "The defects of conformity which appear within a period of twenty-four months from the delivery of the good are presumed to exist at the time of the delivery, except contrary proof. For the goods sold of used, this period is fixed at six months.The seller can combat this presumption if it is not compatible with the nature of the good or the lack of conformity invoked. "

 

Article L. 217-8: "The buyer has the right to demand the conformity of the goods to the contract. However, he can not challenge compliance by invoking a defect he knew or could not ignore when he contracted. The same is true when the defect has its origin in the materials it has provided itself. "

 

Article L. 217-9: "In case of lack of conformity, the buyer chooses between the repair and the replacement of the good.However, the seller may not proceed according to the choice of the buyer if this choice entails a cost obviously disproportionate in relation to the other modality, given the value of the good or the importance of the defect. He is then obliged to proceed, unless it is impossible, according to the method not chosen by the buyer. "

 

Article L. 217-10: "If the repair and replacement of the property are impossible, the buyer can return the property and be refund the price or keep the property and get a part of the price. The same option is open to him: 1 ° If the solution requested, proposed or agreed pursuant to Article L. 217-9 can not be implemented within one month of the buyer's claim; 2 ° Or if this solution can not be without major inconvenience for this one taking into account the nature of the good and the use that it seeks. The resolution of the sale can not however be pronounced if the lack of conformity is minor. "

 

Article L. 217-11: The application of the provisions of Articles L. 217-9 and L. 217-10 takes place at no cost to the buyer. These same provisions do not prevent the award of damages.

 

Article L. 217-12: "The action resulting from lack of conformity is prescribed by two years from the delivery of the property."

 

Article L. 217-13: "the provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects as resulting from Articles 1641 to 1649 of the Civil Code or any other action of contractual or extra-contractual nature which is recognized by the law. "

 

Article L. 217-14: "The action

recursory can be exercised by the final sell against the successive sellers or intermediaries and the producer of tangible personal property, according to the principles of the civil code.

 

Article L. 217-15: "The commercial guarantee means any contractual commitment of a professional to the consumer for the refund of the purchase price, replacement or repair of the goods or services any other service in connection with the property, in addition to its legal obligations to ensure the conformity of the property.

The commercial guarantee is the subject of a written contract, a copy of which is given to the buyer.

The contract specifies the content of the guarantee, the terms of its implementation, its price, its duration, its territorial extent and the name and address of the guarantor.

In addition, it mentions clearly and precisely that, regardless of the commercial guarantee, the seller remains bound by the legal guarantee of conformity mentioned in articles L. 217-4 to L. 217-12 and that relating to the defects of the sold, under the conditions provided for in Articles 1641 to 1648 and 2232 of the Civil Code.

The provisions of Articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 as well as Article 1641 and the first paragraph of Article 1648 of the Civil Code are reproduced in full in the French version. contract.

In case of non-compliance with these provisions, the warranty remains valid. The buyer is entitled to use it. "

 

Article L. 217-16: "When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or the repair of a movable property, a restoration covered by the guarantee, any downtime of at least seven days is added to the duration of the warranty that remained to run.

This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention. "

 

Civil Code

 

Article 1641: "The seller is bound by the guarantee by reason of the hidden defects of the thing sold, which renders it unfit for the use for which it is intended, or which diminishes the use so much, that the buyer would not have acquired it or would have given a lower price if he had known them. "

 

Article 1648: "The action resulting from latent defects must be brought by the purchaser, within two years from the discovery of the defect. In the case provided for by article 1642-1, the action must be brought, on pain of foreclosure, within one year from the date on which the seller may be discharged from apparent defects or defects of conformity.

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