These general terms and conditions of sale (hereinafter the "GTC") apply to all sales of products (hereinafter the "Products") concluded by the company LE CHATELARD 1802 Boutiques, a limited liability company with a capital of €100,000, having its registered office at 77 Chemin de la Galane Quartier Le Serre - 26170 SAINT AUBAN SUR L'OUVEZE, registered in the Trade and Companies Register of Romans sur Isère (France) under the number 434 190 146 (hereinafter the "Seller") with consumers and professionals within the meaning of the preliminary article of the Consumer Code (hereinafter the "Customers") on its website http://www.le-chatelard-1802.com (hereinafter the "Website").
The purpose of these GTC is to define the rights and obligations of the Seller and the Customer resulting from the sale of the Products offered on the Website.
They will remain in force as long as they are accessible on the Website. They may be modified at any time at the Seller's initiative.
The modification will only take effect for orders placed after the date on which the modification is put online, unless this modification results from an obligation imposed by a mandatory law immediately applicable on French territory.
The Customer is informed that these GTC may change and thus be modified. The Customer is therefore invited to save and/or print them if he wishes to keep them. The Customer acknowledges that he/she is aware of the possibility of saving and/or printing these general terms and conditions of sale from the Website.
The Customer declares that he/she has read these GTC and has accepted them by ticking the appropriate box on the Website. Any validation of an order implies full and unreserved acceptance of these GTC by the Customer.
For all information and enquiries, the Customer can contact the Seller:
* By e-mail: email@example.com
* By telephone at the following number: +33 (0)4 75 28 69 50 (price of a local call)
* By post to the following address Le Chatelard 1802 - Service E-commerce, 77 Chemin de la Galane, Quartier Le Serre - 26170 SAINT AUBAN SUR L'OUVEZE
2.1 Placing an order
The Customer orders the different Product(s) of his/her choice by clicking on "Add to cart".
Once the Product has been added, the Customer can either continue shopping by clicking on "Continue shopping" or check their orders by clicking on "View my basket".
At any time, the Customer may :
* Check the Products in the basket: their quantity, their amount and the detailed information on each of them by clicking on the "View my basket" icon,
* Modify or cancel the order of one or more Products on the "basket summary" page,
* Continue with the selection of Products by clicking on the "Complete my order" icon on the shopping cart confirmation page,
* Validate the order by clicking on the "Finalize my order" icon on the shopping cart page displayed after the validation of the addition to the product sheet.
The Customer must ensure that his order and other data provided by him are correct and that he undertakes to update them promptly in the event of any change.
2.2 Customer identification
The order can only be validated on the Website if the Customer has a personal account.
If the Customer does not already have an account, he/she must accurately fill in the fields identified as mandatory in order to create his/her personal account. The optional fields are marked "optional", and the mandatory fields are not marked "optional". The Customer must provide the information necessary for identification, in particular a valid e-mail address and a password of his/her choice (which will be personal and confidential) which will be used later to identify him/her on the Website.
The Customer will also have to indicate his title, optionally his status (professional / private), name, first name, address and telephone number in order to create his customer account.
Any Customer who already has a customer account must identify themselves after clicking on "Finalise my order", by entering their e-mail address and password.
The Customer accepts that entering these two identifiers is proof of his identity.
The Customer shall be responsible for choosing and keeping his identifiers and must ensure that they remain confidential. The Seller shall in no way be held responsible for any usurpation of identifiers and connections to his customer account by third parties.
The provision of nominative information collected in the context of distance selling is compulsory, as this information is necessary for the processing and delivery of orders as well as for the preparation of invoices. This information is strictly confidential.
2.3 Finalizing the order
At this stage, the Customer will be taken to a page on the Website detailing the offer and the Customer's billing address, which can be changed if necessary. The Customer validates the billing address by clicking on "Finalise my order".
On this same page, the Customer will access a page listing the Products in the basket and allowing him/her to choose the address to which the Products are to be delivered.
By clicking on "Validate delivery method", the Customer will then access a page allowing him/her to choose his/her payment method under the conditions of article 3 of these GTC.
Acceptance and confirmation of the order are established by the Customer entering data on successive screens; this data appears on a summary screen with an explicit mention of the Customer's firm commitment before accessing the payment platform. The order confirmation procedure carried out by the Customer constitutes the electronic signature of these GTC.
2.4 Acknowledgement of receipt of the order
Once payment has been made, the Customer is directed to a summary page summarising all the elements that make up the order. A summary document of the order is also sent to the Customer by e-mail to the e-mail address indicated by him/her and at the latest before delivery.
2.5 Order tracking
In order to monitor the order in progress, the Customer can connect to his personal account by going to the "My account" / "My orders" section.
These GTC are deemed to have been accepted by the Customer at the time of validation of the order and apply for the duration necessary for the supply of the Products and until the expiry of the guarantees provided for herein.
3. TERMS OF DELIVERY
The delivery times are indicated on each product sheet on the Website prior to placing an order. Delivery times are indicated on the My Account page on the Website prior to the validation of the order. The Seller reserves the right to choose the method of delivery of the Product(s). Except in the case of a specific Product ordered or in the event that the delivery time is not indicated in the corresponding product sheet, the delivery time shall not exceed thirty days.
The geographical area of delivery corresponds to the area covered by the offer. The delivery terms, in force on the day the order is placed, are indicated in Appendix 2 of these GTC.
In the event of non-compliance with the delivery deadlines, the Customer may cancel his order by registered letter with acknowledgement of receipt or by writing to the Seller via the contact details mentioned in article 1 hereof, if, after having enjoined the Seller, in the same manner, to carry out the delivery within a reasonable additional period, the latter has not done so within the time limit set. The Customer may immediately cancel the order if the Seller refuses to deliver the Product or fails to meet the delivery deadlines, even though these delivery deadlines are an essential condition for the Customer. The order shall be deemed to be cancelled upon receipt by the Seller of the letter or writing informing him of such cancellation, unless the Seller has performed in the meantime.
In any event, all sums paid by the Customer will be reimbursed within a maximum period of fourteen days.
4. RIGHT OF WITHDRAWAL AND RIGHT OF RETURN
4.1 Right of withdrawal for the consumer customer
Subject to the provisions of Article 5 below, the Customer has the legal right of withdrawal of fourteen days to exercise his right of withdrawal without having to justify his reasons or pay any penalties, with the exception of the cost of return.
The fourteen day cooling off period runs from the day after receipt of the Product or the last Product in the case of an order for a Product consisting of multiple parts, the delivery of which is staggered over a defined period, by the Customer or by a third party other than the carrier and designated by him.
4.2 Implementation of the right of withdrawal and the right of return
To exercise his right of withdrawal, the Customer must notify his decision by registering a request for the return of the Product(s) directly online, from his personal account by going to the "My account" / "My returns" section or by sending the withdrawal form, shown in appendix 1, to the contact details shown in article 1 of the GCS.
The Seller shall send the Customer an e-mail acknowledging receipt of the withdrawal.
This e-mail contains :
* The procedure for returning the Product(s) under the withdrawal,
* The withdrawal number associated with the application,
* The postal address to which the Customer should return the Product(s),
* A summary of the registered Product(s),
* A return form, attached to the e-mail, to be printed and attached to the return.
The Customer must return the Product(s), at his/her own expense, in perfect condition, within a maximum of fourteen days from the date of transmission to the customer service of the declaration of withdrawal.
If the Customer wishes to return the entire order, he will be credited with the amount indicated on the order confirmation. If he/she returns part of the Products ordered, he/she will be credited with the amount corresponding to the Product(s) returned.
The refund will be made no later than fourteen days from the date of receipt by the Seller of the return of the Product(s) which are the subject of the withdrawal request.
The refund shall be made by the same means of payment as that used by the Customer to pay for the order, unless otherwise agreed between the Seller and the Customer. The Product(s) must be returned in good condition, in their original packaging and with all their accessories.
Any Product returned damaged and/or out of its original packaging and/or without all its accessories will not be eligible for a refund. An allowance for depreciation will then be invoiced to the Customer if the goods have been handled in a manner other than that necessary to establish their nature, characteristics and proper functioning.
5. EXCLUSION OF THE RIGHT OF WITHDRAWAL
In accordance with Article L. 221-28 of the Consumer Code, and unless expressly agreed between the Parties, the right of withdrawal does not apply to certain Products:
*For reasons of hygiene or health protection (e.g. underwear, earrings, etc.),
*or If they are likely to deteriorate or expire (e.g. cosmetics, food products, etc.),
*or if they are made to the Customer's specifications or are clearly personalised.
In any case, the Products for which the legal right of withdrawal is excluded will be indicated before the order is placed.
The prices invoiced at the time of the order are those in force in the catalogue in force and available on the Website at that date.
All prices are quoted in Euros and do not include delivery costs. For deliveries within the European Union, prices are quoted inclusive of VAT.
For export sales outside the European Union, the prices are FOB (Free On Board, i.e. without transport costs and other related costs and taxes, and without insurance costs for the Products) from Montbrun-les-Bains. The Customer is responsible for the customs clearance, the payment of customs and fiscal duties and taxes, value-added taxes or turnover taxes and other taxes allowing him to collect the Products and to enjoy them.
7. DELIVERY COSTS
Delivery costs are specified during the ordering process on the Website in addition to the price. They are indicated according to the geographical area of delivery and the delivery method chosen by the Customer.
In the event of an order for bulky Products, specific delivery charges may apply depending on the geographical area of delivery and the delivery method chosen by the Customer. These specific delivery charges are specified during the order placement process.
In any case, the delivery costs applicable on the day the order is placed are indicated in Appendix 2 of these GTC.
8. METHOD OF PAYMENT
8.1 Stipulations applicable to all Clients
In order to pay for the order, the Customer has the choice of all the methods of payment referred to in the order form and specified in the "Need help" section of the Website, under the sub-section "Secure payment", which includes :
Credit card (VISA, Mastercard/Eurocard): This online payment uses the SLL (Secure Socket Layer) protocol. The information transmitted is encrypted by software and cannot be read during transport on the network. The Customer can tell that the transmission is encrypted by software as soon as the padlock symbol appears in your browser. Furthermore, when you enter your bank details (card number and date of validity), the URL address is an https URL (the "s" indicating security). In accordance with the Law of 13 March 2000 on electronic signatures, the online transmission of the card number and the final validation of the order shall constitute proof of the completeness of the order and of the payability of the sums due in settlement of this order.
In any case, the order is taken into account upon payment which is stipulated as irrevocable, cash, net and without discount. The Seller reserves the right to suspend any order processing and any delivery in the event of refusal to authorise payment by credit card by the officially accredited organisations, in the event of non-payment and in the event of doubt as to the Customer's means of payment. In this case, the Customer will be informed by email and will be asked to pay by bank transfer.
Furthermore, the Seller also reserves the right to refuse to make a delivery or to honour an order from a Customer who has not paid in full or in part for a previous order or with whom a payment dispute is being administered.
8.2 Provisions applicable to Professional Clients
The Seller shall send Professional Customers an invoice in accordance with Article L.441-3 of the Commercial Code. To this end, the professional Customer shall inform the Seller by any means of its professional status.
Invoices are payable in accordance with the payment terms shown on the invoice.
In the event of non-payment or payment after the due date as indicated on the invoice, the Professional Customer shall be liable for a late payment penalty equal to three (3) times the legal interest rate in force and without the need for a reminder in accordance with Article L. 441-6 of the French Commercial Code.
In addition to this late payment penalty, a fixed indemnity for collection costs of forty (40) euros shall be payable to the Seller by operation of law, in accordance with Article D. 441-5 of the French Commercial Code.
9. LEGAL GUARANTEES
9.1 Specific provisions for consumer customers
All our Products benefit from the legal guarantees in force, namely the legal guarantee of conformity (articles L. 217-4 and following of the Consumer Code) and the legal guarantee of hidden defects (articles 1641 and following of the Civil Code), the articles of which are reproduced in article 24 of these GTC.
When acting under the legal guarantee of conformity, the consumer Customer has a period of two years from the delivery of the Product to act. He may choose between repairing or replacing the Product, provided that the consumer Customer's choice does not entail a cost that is manifestly disproportionate to the other option, taking into account the value of the Product or the importance of the defect.
The consumer Customer is exempted from proving the existence of the lack of conformity of the Product during the twenty-four months following its delivery in the case of new Products. This period is six months for second-hand Products.
In addition, the legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
The consumer Customer may decide to invoke the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, the consumer Customer may choose to rescind the sale or to reduce the sale price in accordance with Article 1644 of the Civil Code. The action to guarantee hidden defects must be brought by the consumer customer within two years of the discovery of the defect (Article 1648 paragraph 1 of the Civil Code).
If the customer notices a defect or a breakdown, he/she must contact customer service on +33 (0)4 75 28 69 50 (price of a local call) or directly from his/her personal account under the heading "Your account" / "Contact us".
9.2 Specific provisions for professional customers
The professional Customer benefits from the legal guarantee of hidden defects in application of articles 1641 and following of the Civil Code. In his capacity as a professional, he does not benefit from the legal guarantee of conformity of articles L. 211-4 and following of the Consumer Code.
10. RETENTION OF TITLE
The Seller expressly reserves ownership of the Products delivered until full payment of the price.
11. FORCE MAJEURE
The Seller shall be exempt from liability for any breach of its contractual obligations in the event of force majeure as defined by the national law governing these general terms and conditions of sale and its case law, which makes it impossible to perform the obligation.
12. ACCEPTANCE OF THE OFFER AND CONFIRMATION OF THE ORDER
Orders sent to the Seller are only binding on the Seller when they have been confirmed by an order confirmation and an order summary. The Seller shall confirm the Customer's order by e-mail immediately. The order confirmation is accompanied by an order summary that the Customer can print out.
Some orders must be checked by our verification department. In this case, the Customer is informed by e-mail of the supporting documents to be sent in order to obtain final validation of the order. The Seller reserves the right to cancel the order in the event of non-receipt of these documents or receipt of documents that do not comply. This is the case for orders including one or more Products made to the Customer's specifications or clearly personalised.
Any complaint must be communicated in writing within seven days from the date of receipt of the Products. The Seller reserves the right to refuse late complaints, which do not put him in a position to intervene with the manufacturer or an insurance company.
In the event of non-conformity of the Product or of a defective Product, the Customer must comply with the provisions of Article 9 hereof.
If the Product is not suitable for the Customer and the Customer wishes to make use of his right of withdrawal, the Customer must comply with the provisions set out in Article 4 hereof.
The characteristics of each Product are described on the web page of the Website dedicated to that Product (product sheet).
The Customer must consult the description of each Product to find out its characteristics and, if applicable, the conditions of maintenance and use.
The offers to sell Products on the Website governed by these GTCs are valid for any Product as long as it appears on the Website.
If, exceptionally, a Product is unavailable, the Seller shall indicate on the Website that it is unavailable, making it impossible for a Customer to purchase it.
In the event of an unavailability of Product after placing the order, the Customer will be informed by e-mail or telephone by the customer service via the coordinates that he will have previously communicated to the Seller at the time of placing the order. In application of articles L.216-2 and L.216-3 of the Consumer Code, the Customer will be reimbursed via the means of payment used when placing the order within fourteen days of the cancellation of the order by the Seller.
15. APPLICABLE LAW AND JURISDICTION
The provisions of these GTC are governed, interpreted and applied in accordance with French law.
In the event of a dispute with a consumer Customer, the competent court shall be, in accordance with the provisions of Articles R.631-1 et seq. of the Consumer Code, in addition to the territorially competent courts under the Code of Civil Procedure, that of the place where the Customer lives at the time of the conclusion of the contract or the place where the harmful event occurred.
In the event of a dispute with a professional Customer relating in particular to the validity, interpretation or execution of these GTC, the Parties undertake to reach an amicable settlement of their dispute before initiating any legal proceedings within 30 days. In the event of failure to reach an amicable settlement, the Parties expressly give jurisdiction to the Commercial Court of Lyon.
16. PERSONAL INFORMATION
The personal information collected on the Website is necessary and obligatory for the processing and delivery of orders and for the preparation of invoices. The personal data collected on the Website are used by the Seller to manage orders within the framework of the Website. They are recorded in the Seller's customer file.
Unless the Customer objects at any time, the Customer accepts that the data will be transmitted solely for the purpose of executing orders and within the limits of the information strictly necessary:
* The people in charge of the logistics, IT, administrative, marketing, sales, customer relations and prospecting departments, as well as their line managers, and the departments responsible for control;
* The Company's partners. For the purposes of payment of Product orders, bank information and data are collected by the CIC, the payment service provider. Payment is made on the secure bank server of the Crédit Industriel et Commercial (CIC). The information relating to the personal data of cardholders necessary for the management of the order is kept for 13 months from the date of processing the payment.
The Seller reserves the right to use the statistics provided by the information forms completed by the Customers in order to optimise the Service.
The data controller shall take all necessary precautions to preserve the confidentiality and security of the data and, in particular, to prevent them from being distorted or damaged or accessed by unauthorised third parties.
The Customer may, at any time :
* a right of access to the information concerning him/her, a right to have it rectified or completed if it is inaccurate or incomplete, equivocal, out of date, or illicit, updated, locked or deleted, a right to oppose its transmission to third parties, a right to object, free of charge, to their use for commercial solicitations and, more generally, a right to object to any form of processing, to request a limitation thereof and finally the right to portability; *
The right to define directives relating to the conservation, deletion and communication of his personal data after his death, the right to modify or revoke them, the right to choose whether or not to communicate his data to a third party that he designates under the conditions of Article 40-1 of the "Data Protection" law.
The Customer may exercise these rights in one of the following ways:
* On the Website, via his customer account, the Customer may modify at any time his billing and delivery address, his title, his first and last name, his status (private/professional), his telephone number and his password;
* By e-mail via his personal account under the heading "My account" / "Contact us";
* By telephone: +33 (0)4 75 28 69 50 (price of a local call);
* By post, to the following address: Le Chatelard 1802 - Service E-commerce, 77 chemin de la Galane, Quartier le Serre, 26170 SAINT AUBAN SUR L'OUVEZE, specifying the surname, first name, email and full address.
17. PROOF, CONSERVATION AND ARCHIVING OF TRANSACTIONS
The Seller recommends that the Customer keep a paper or reliable computerized record of all data relating to his order.
The computerised registers, kept in the Seller's computer systems under reasonable security conditions, shall be considered as proof of communications, orders and payments between the Parties.
Invoices shall be archived on a reliable and durable medium so as to correspond to a faithful and durable copy.
In addition, and in accordance with Article L.213-1 of the Consumer Code, the Seller undertakes to keep and archive on all media, for a period of 10 years, the contracts concluded between the Customer and the Seller of a value greater than or equal to 120€ and to guarantee access to them by the Customer at any time.
This right of access may be exercised by contacting the following address Le Chatelard 1802, 77 chemin de la Galane, Quartier le Serre, 26170 SAINT AUBAN SUR L'OUVEZE
18. MEDIATION SERVICE FOR CONSUMER CUSTOMERS
The Seller undertakes to provide the Customers with a customer service department which must be accessible during working hours by telephone or by any other interactive means of communication, such as e-mail or an online form. The customer service can be reached via the contact details indicated in article 1 hereof.
If the Customer's request is unsuccessful, other amicable means of redress are available to him, in particular recourse to mediation with the Mediator of the Professional Federation of E-Commerce and Distance Selling (FEVAD). The European Commission has also set up an online platform whose purpose is to collect any complaints arising from an online purchase by European consumers and then to forward the cases received to the competent national mediators.
The Seller and the Customer remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
19. INTELLECTUAL PROPERTY
The structure of the Website and each of its elements, whether or not subject to copyright and other intellectual property rights under all applicable laws, shall remain the sole and exclusive property of the Seller.
Any reproduction, extraction, exhibition, modification, adaptation or use of the Website or any of its elements, in whole or in part, regardless of the means and ends, and more generally any action not expressly authorised by the Seller, is strictly prohibited and liable to legal action.
The trademarks, trade names, service marks, logos and any other distinctive signs of the Seller displayed on the Website are protected by French law, European Community law and any other applicable law. Any unauthorised use or reproduction is strictly prohibited.
The Customer who has a personal Internet site and who wishes to place, for personal use, on his site a simple link referring directly to the home page of the Web Site, must request authorisation from the Seller. In this case, it will not be an implicit affiliation agreement. On the other hand, any hypertext link to the Website using the framing or in-linelinking technique is strictly prohibited. In any case, any link, even tacitly authorised, must be withdrawn on simple request from the Seller. The Seller expressly excludes all responsibility for the content of sites that have created hypertext links to the Website.
If any provision of these GTC is rendered null and void by a change in legislation, regulations, a court decision, contravention of mandatory provisions or for any other reason, this shall not affect the validity and compliance with the remaining provisions of these GTC.
21. LIABILITY - USE OF THE WEBSITE
The Seller shall not be held liable for any inconvenience or damage relating to the use of the Internet network, such as a break in service, the presence of computer viruses or external intrusions and more generally any case qualified by the courts as force majeure or third party action. Likewise, it shall not be held liable for the content of websites to which hypertext links may refer from the Website. In the event of a dispute, the Customer shall first contact the Seller to agree on an amicable solution.
22. REPRODUCTION OF THE PROVISIONS OF THE CONSUMER CODE RELATING TO LEGAL GUARANTEES
Article L217-4 of the Consumer Code
The seller shall deliver goods in conformity with the contract and shall be liable for any lack of conformity existing at the time of delivery.
He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.
Article L217-5 of the Consumer Code
The property is in conformity with the contract:
1° Whether it is fit for the use normally expected of similar goods and, if so :
* if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
* whether it has the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, the producer or his representative, in particular in advertising or on labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L217-6 of the Consumer Code
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 in a position to know them.
Article L217-7 of the Consumer Code
Defects of conformity which appear within twenty-four months of delivery of the goods shall be presumed to have existed at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months.
The seller may rebut this presumption if it is not compatible with the nature of the goods or the lack of conformity claimed.
Article L217-8 of the Consumer Code
The buyer is entitled to demand that the goods conform to the contract. He may not, however, contest conformity by invoking a defect of which he was aware or could not have been unaware at the time of the contract. The same applies when the defect originates in materials that he himself supplied.
Article L217-9 of the Consumer Code
In case of lack of conformity, the buyer shall choose between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice would entail a cost that is clearly disproportionate to the other option, taking into account the value of the goods or the importance of the defect. He shall then be obliged to proceed, unless this is impossible, according to the method not chosen by the buyer.
Article L217-10 of the Consumer Code
If repair and replacement of the goods is not possible, the buyer may return the goods and have the price returned or keep the goods and have part of the price returned.
The same option is available to him:
1° If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month of the buyer's complaint;
2° Or if this solution cannot be achieved without major inconvenience to the consumer given the nature of the property and the use he is seeking.
However, the sale may not be cancelled if the lack of conformity is minor.
Article L217-11 of the Consumer Code
The application of the provisions of Articles L. 217-9 and L. 217-10 shall take place at no cost to the buyer.
These same provisions do not prevent the award of damages.
Article L217-12 of the Consumer Code
The action resulting from the lack of conformity is prescribed by two years as from the delivery of the good.
Article L217-13 of the Consumer Code
The provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects such as it results from articles 1641 to 1649 of the civil code or any other action of contractual or extra-contractual nature which is recognised by the law.
Article L217-16 of the Consumer Code
Where the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilisation of at least seven days shall be added to the duration of the guarantee that remained to run. This period shall run from the date of the buyer's request for intervention or from the time the item in question is made available for repair, if this is later than the request for intervention.
Article 1641 of the Civil Code
The seller is liable for hidden defects in the item sold which render it unfit for the purpose for which it was intended, or which so diminish that purpose that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.
Article 1642 of the Civil Code
The seller is not liable for apparent defects of which the buyer has been able to convince himself.
Article 1643 of the Civil Code
He shall be liable for hidden defects even if he is not aware of them, unless he has stipulated that he shall not be obliged to provide any guarantee.
Article 1644 of the Civil Code
In the case of Articles 1641 and 1643, the buyer has the choice of returning the thing and having the price returned, or keeping the thing and having part of the price returned.
Article 1645 of the Civil Code
If the seller was aware of the defects, he shall be liable to the buyer for all damages in addition to the restitution of the price received.
Article 1646 of the Civil Code
If the seller was unaware of the defects of the thing, he shall only be obliged to return the price and to reimburse the buyer for the costs incurred by the sale.
Article 1647 of the Civil Code
If the thing which had defects has perished as a result of its poor quality, the loss shall be for the seller, who shall be liable to the buyer for restitution of the price and for the other damages explained in the two preceding articles.
But the loss that occurs by chance will be for the account of the buyer.
Article 1648 of the Civil Code
The action resulting from redhibitory defects must be brought by the purchaser within two years of 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 relieved of the defects or apparent lack of conformity.
Article 2232 of the Civil Code
The postponement of the starting point, suspension or interruption of the limitation period may not have the effect of extending the period of extinctive limitation beyond twenty years from the day on which the right arose.
The first paragraph shall not apply in the cases mentioned in Articles 2226, 2226-1, 2227, 2233 and 2236, the first paragraph of Article 2241 and Article 2244. It does not apply either to actions relating to the status of persons.
Annex 1: Withdrawal Form
Please complete and return this form only if you wish to withdraw from the contract. We recommend that you also state your order number.
For the attention of the "e-commerce customer service" whose electronic contact details are as follows: firstname.lastname@example.org
I hereby notify you of my withdrawal from the contract for the sale of the following goods:
Ordered on / Order received on (*) :
Order number :
Name of the client :
Customer address :