Standard Terms and Conditions of Online Sale

1. INTRODUCTION

The standard terms and conditions below and the sections “Legal information” and “Personal data” apply to transactions completed on the online sale website www.pineletpinel.com, which markets items bearing the Pinel et Pinel brand and delivers them to physical addresses all over the world.

 

1.1 Field of application and acceptance of standard terms and conditions

These standard terms and conditions are aimed at defining the conditions on which Pinel & Pinel, simplified joint stock company with capital of €38,746.90, registered with the trade and company register of Paris under number 381 659 010, having its registered office at 60 Rue d’Avron in PARIS (75020) and VAT number FR03381659010, engages in the retail marketing of leather goods to consumers above the age of 18, who may be private individuals or businesses.

The following terms and expressions shall have the meaning given below when used in these standard terms and conditions of sale:

  • Customer” means any natural person or legal entity .
  • Order” means the order for Products placed by the Customer and formalised by final confirmation on the website.
  • Customer Account” means the personal account of the Customer accessible from the Website, necessary for Orders of Products from Pinel & Pinel, allowing the Customer to track the status of their orders and access their invoices.
  • Standard Terms & Conditions (of Sale)” means these standard terms and conditions of sale, applicable to the relationship between Pinel & Pinel and a Customer.
  • Particular Terms and Conditions” means the particular terms and conditions applicable between Pinel & Pinel and the Customer, which supplement the Standard Terms and Conditions, particularly by specifying the type and quantity of Products supplied to the Customer and their modalities of delivery and making. The Particular Terms and Conditions take the form of an Order confirmation on the Website.
  • Agreement” means the Particular and Standard Terms and Conditions put together. The Agreement is formalised by the final confirmation of the Order by the Customer.
  • Pinel & Pinel” means Pinel & Pinel, identified in greater detail above.
  • Parties” collectively refers to Pinel & Pinel and the Customer.
  • Product(s)” means the Product or Products offered by Pinel & Pinel as described in article 2 hereof. The details of the Products supplied by Pinel & Pinel to the Customer are specified in the Particular Terms and Conditions.
  • Website” means the website hosted at the following Internet address: pineletpinel.com.
  • VAT” means French value added tax.

The Customer shall carefully read the Standard Terms and Conditions before buying a Product from Pinel & Pinel.

These Standard Terms and Conditions contain important information about the rights and obligations of each Customer, and the limitations and exclusions of liability of Pinel & Pinel.

The Standard Terms and Conditions determine the contractual conditions applicable to the purchase of all Products by the Customer.

By buying a Product, the Customer confirms their full and unqualified acceptance of the Standard Terms and Conditions, which is expressly recognised by the Customer, who particularly waives the use of any other material, particularly advertising or photographic material, to make claims against Pinel & Pinel.

Customers who do not accept the Standard Terms and Conditions should not buy Products.

The Standard Terms and Conditions remain accessible to the Customer from each page of the Website, and may be saved and printed in a lasting manner if the Customer so wishes.

1.2 Publication director and Website host

 

The publication director of the Website is Frédéric Pinel, Chairman and Managing Director.

The Website is hosted by OVH, 2 rue Kellermann 59 100 Roubaix, France – Telephone +33 9.72.10.10 07.

1.3 Pinel & Pinel customer relations department

The contact particulars of Pinel & Pinel are as follows:

  • by post: Pinel & Pinel – Service Relations Clientèle – 60, Rue d’Avron 75020 Paris;
  • by email: use the Contact tab on the Website;
  • by telephone: call Pinel & Pinel at + 33 142605839  from 10 am to 6 pm (CET) from Monday to Friday.

2. PRODUCT CHARACTERISTICS

The Products sold by Pinel & Pinel on the Website are presented and described specifically (material, dimensions, illustrations etc.) on the Website.

Product photographs are not contractual and are provided strictly for guidance.

As a result, the Customer is asked to carefully read all Product descriptions before making a purchase; the Customer shall have sole responsibility for making sure that the Order is appropriate for its needs.

3. PRODUCT PRICES

The prices of Products paid by the Customer shall be those applicable when the Order is placed.

All prices are displayed in euros (€), inclusive of VAT (incl. VAT), not including delivery costs (hereinafter “Delivery terms”), which shall be stated when the Order is confirmed before final payment.

Any change in the VAT rate may be applied to the price of Products.

Thus, the prices stated on the Your orders page accessible from the Customer Account shall be those paid by the Customer for each Order.

However, insofar as the prices of Products displayed on the Website are subject to change, the price paid by the Customer for new Orders for identical Products may be different from the previous one.

As a result, Customers are advised to verify the price of each Product before moving it to the shopping basket.

4. WEBSITE ORDER PROCEDURE

4.1 Order procedure

To buy a Product from the Website, Customers select the Product required and add it to their shopping bag by clicking Add to shopping bag.

The selected items can be deleted from the shopping bag.

Before Order confirmation, Customers are advised to verify the items in the shopping bag. If the contents of the shopping bag are as needed, the Order may be confirmed by clicking Confirm order.

To place a Product Order, Customers may use their Customer Accounts, create a Customer Account or order without using their Customer Accounts.

Orders placed using a Customer Account:

  • If the Customer already has a Customer Account, they log on with their user name and password to confirm the Order.
  • If it is their first Order, the Customer must create a Customer Account using the registration form.

The Customer is responsible for supplying accurate and complete information to create their Customer Account.

Pinel & Pinel shall not be liable for information errors committed by the Customer.

In any event, in order to finalise their Order, the Customer shall confirm the delivery and invoicing address for the Order.

The Customer shall then verify all the information given and the details and conditions of their planned Order or “basket” and correct any errors before finally confirming their Order.

The acceptance of the Standard Terms and Conditions and final confirmation of the Order are formalised by a confirmation click to be made by the Customer by checking the box “I hereby confirm that I have reviewed the Standard Terms and Conditions of Sale and that I accept them without exception or qualification”.

If the Customer does not accept the Standard Terms and Conditions, they must not confirm their Order.

Final Order confirmation formalises the conclusion of the Agreement and leads to the secure payment of the full price of the Order as provided in Article 5 below.

After the effective payment of the Order, the Customer receives an electronic message, an email, confirming the registration of their Order.

4.2 Product stock and availability

Products shall be sold subject to stock availability.

The Customer shall be informed at the time of the Order of the availability of the selected Product.

However, if, in spite of the diligence of Pinel & Pinel, the item is not available, the Customer shall be informed of the same as soon as possible by all means possible.

4.3. Order modification and cancellation

From the time of the Order, no modification requested by the Customer shall be taken into consideration by Pinel & Pinel unless it has agreed to do so beforehand in writing.

Further, the Customer may not cancel the Order after it has been placed, other than as part of its rights within the cooling-off period as provided in Article 7 below.

5. TERMS OF PAYMENT AND PAYMENT METHODS

The price of Products shall be paid securely in full in euros (€) at the time of the Order.

The payment methods accepted by Pinel & Pinel are: valid Carte Bleue, Visa, MasterCard and American Express cards, payment by means of a PayPal account, transfers and cheques.

If the payment is made by card, the value of the Order shall be debited immediately in full as soon as the Order is confirmed.

If the payment is made by means of a PayPal account, transfer or cheque, the Order shall only be registered by Pinel & Pinel after the price of the Order is collected effectively.

Regardless of the payment method selected by the Customer, Pinel & Pinel shall not be required to deliver the Products ordered by the Customer if payment is not made or is rejected by the Customer’s bank.

In that event, the Order shall not be fulfilled; if the Customer fails to make a payment within TEN (10) calendar days, Pinel & Pinel may unilaterally terminate the Agreement.

In order to prevent the risk of fraudulent payment, Pinel & Pinel reserves the right to require any supporting documents it finds fit to verify the identity of the Customer.

Payments by the Customer shall only be considered to be final after Pinel & Pinel has effectively collected the amounts due.

6. DELIVERY AND RECEIPT OF PRODUCTS

6.1 Delivery procedure

Pinel & Pinel delivers ordered Products to physical addresses all over the world.

However, for Orders to be shipped to Russia or South America, Pinel & Pinel shall contact the Customer as soon as possible in order to determine the special conditions of delivery of Products.

The delivery time and transport modalities applicable to the Products shall be specified with the Order and shall therefore depend on the country of destination.

Only one delivery method is provided within a maximum period of thirty (30) business days (Sundays and holidays excepted) by express carrier (such as DHL, Fedex or others) from the receipt of the email registering the Order, and therefore subject to the prior, effective and full payment of the Order.

Delivery shall take place from Monday to Saturday, in the daytime.

The Customer shall be informed by email when the package is taken over by the carrier, and the email shall also include the planned delivery date.

If delivery is impossible (particularly because the Customer is absent, the address is incorrect or access is difficult), Pinel & Pinel shall inform the Customer as soon as possible and shall agree a new delivery date with the Customer.

A missed delivery card will be left by the carrier at the delivery location.

The Customer may also track information about the status of their Order from their Customer Account.

6.2 Clarifications relating to delivery time

The Order delivery time of thirty (30) business days (Sundays and holidays excepted) starts from the date of registration of the Order, which is contingent upon the full effective payment of the Order.

That delivery time shall only be notified for guidance and may be modified by Pinel & Pinel, particularly in the event of a force majeure circumstance as defined in paragraph 15.3 below, in the event of the temporary unavailability of Products or a carrier delay.

In such an event, Pinel & Pinel shall inform the Customer as soon as it becomes aware of the same, and shall offer a new delivery time.

However, if a force majeure circumstance makes it permanently impossible to fulfil the Agreement, or if the Products are permanently unavailable and cannot be substituted or if the carrier refuses to make the delivery, the Customer may ask for the termination of the Agreement by recorded delivery or in writing on any other medium if the Products have not been delivered within thirty (30) calendar days of the end of the new delivery time.

The price already paid shall then be refunded to the Customer within fourteen (14) calendar days from the date of termination of the Agreement.

In any event, the Customer expressly waives all claims for damages in that respect against Pinel & Pinel.

Further, Pinel & Pinel shall have no liability for delivery delays due to a situation that is not directly attributable to it or because the Customer is unavailable after several proposals of delivery appointment.

6.2 Delivery costs

Delivery is cost free for all Orders delivered to metropolitan France or a member country of the European Union.

For other countries, the Customer shall pay an inclusive charge of FIFTY EUROS (€50) for delivery, in addition to the price of Products.

6.3 Receipt of items

The receipt of any Product by the Customer shall lead to the transfer of risks and ownership in its regard.

Upon receipt of the Order, the Customer shall therefore verify the condition of the package and make sure that the Products are those in the Order.

If any Products are missing, lost or damaged, the Customer shall declare the same to the carrier upon receipt on the delivery form.

Within five (5) business days from the receipt of Products, the Customer shall confirm its reservations in writing (email or post) to Pinel & Pinel.

Any complaints relating to damage shall be accompanied by a photograph.

After that time, the delivered Products shall be deemed to be conforming and free from defects.

In the event of a visible defect or nonconformity found by the Customer upon delivery, Pinel & Pinel shall, as soon as possible, organise either the return of the Products or a refund, depending on the circumstances, or their replacement subject to availability. Any costs in that regard shall not be charged to the Customer.

7. RIGHT TO A COOLING-OFF PERIOD

7.1 Exercise of the right

Under the law and article L. 221-28 of the French Consumer Code, only

  • Customers who are consumers or private individuals
  • and Customers who are businesses with fewer than 5 employees, where the Agreement does not relate to their main area of business,

are entitled to a cooling-off period of FOURTEEN (14) days from the receipt of the Products during which they may exercise their right to cancellation and refund without justification or compensation, by sending the Cancellation form provided in Appendix 1 below directly to Pinel & Pinel.

The right to cancellation may only be exercised if the Products concerned match the Order, are in a condition identical to that at the time of delivery and conforming in number.

In such a case, the “Cancellation form” shall be duly completed and sent to Pinel & Pinel (i) either at the contact email address (ii) or by post to the address stated in said form.

Pinel & Pinel shall acknowledge receipt of the Customer’s request.

However, if the Product is a gift, the right to cancellation may not be exercised by the recipient of said gift.

Further, in accordance with the provisions of article L. 121-21-8 of the French Consumer Code, the right to cancellation may not be exercised in the following cases, particularly, without limitation:

  • supply of Products made to the Customer’s specifications or clearly personalised;
  • supply of Products that have been inseparably incorporated into other goods after delivery due to their nature.

In such exceptions to the right of cancellation, the Customer may not exercise its right to cancellation.

7.2 Terms of return

The Customer shall return the Products concerned to the address of Pinel & Pinel: Service Rétractation – 60 Rue d’Avron, 75020 Paris.

Besides, the Customer shall strictly follow the instructions of Pinel & Pinel in respect of Product returns.

As a result, the Products shall be returned to the given address under the responsibility and at the cost of Pinel & Pinel, new, in their original packaging along with order form supplied when they were initially delivered.

Where applicable, the Customer is asked to retain the part of the prepaid label intended for the Customer and stamped by the carrier when the parcel is returned.

For the return of fragile Product or large Products (trunks, boxes, cases, furniture etc.), the Customer may contact the Customer Relations department of Pinel & Pinel.

In any event, the Products concerned shall be returned to Pinel & Pinel within no more than FOURTEEN (14) days of communication to Pinel & Pine of the decision to cancel the purchase.

7.3 Order refund

Subject to the Customer having exercised the right to cancellation within the set time in accordance with the conditions stated above, Pinel & Pinel agrees to refund to the Customer the amounts paid by the Customer, including delivery costs, within FOURTEEN (14) days from the receipt of the Products by Pinel & Pinel.

Pinel & Pinel shall make the refund using the same payment method as that used by the Customer for the initial transaction, unless the Customer agrees to another payment method; it is hereby agreed that no refund shall be made in store.

However, if Products are not returned in their original condition and quantity or if they do not match the Order, Pinel & Pinel may refuse the refund and the Customer shall have to keep them as they are.

In the event of a partial return of Products delivered under the Order, delivery costs shall not be refunded by Pinel & Pinel, because the Customer has benefited from the delivery service for the Products retained.

Further, under article L.221-24 of the French Consumer Code, additional return costs paid by the Customer for a specific delivery mode shall not be refunded.

Also, the costs of Product return shall not be refunded to the Customer if the Customer has decided to not use the prepaid label supplied earlier on by Pinel & Pinel or if the Customer does not, more generally, follow the return instructions of Pinel & Pinel.

8. OBLIGATIONS OF THE CUSTOMER

8.1 Use of the Customer Account

For the creation of the Customer Account available on the Website, and while ordering Products, the Customer is absolutely required to supply accurate and complete information with no spelling mistakes.

In any event, by confirming the Order, the Customer confirms the accuracy and completeness of the information supplied by it and authorises and guarantees its use by Pinel & Pinel for the fulfilment of the Order.

Pinel & Pinel shall not be liable in that regard and no claim and/or demand for compensation shall be taken into account for incidents that are due to errors or omissions by the Customer.

Besides, the Customer shall have sole responsibility for any use that is made of the identifier and password used by the Customer to access their User Account; the Customer shall have sole responsibility for confidentiality and for any use of said Account.

In the event of any change in information concerning the Customer or liable to affect the use of the Customer Account, including a change in password, the Customer shall make the necessary changes by logging on directly to their Customer Account.

Customers may only access their Customer Account for strictly personal use.

In the event of the loss, misuse or fraudulent use of the identifier and password, the Customer agrees to immediately inform Pinel & Pinel of the same using the contact email on the Website.

8.2. Needs of the Customer

The Customer is responsible for defining their needs precisely before selecting the Products offered by Pinel & Pinel.

Consequently, Pinel & Pinel shall not be responsible for any incorrect identification by the Customer of its needs or constraints.

9. LEGAL GUARANTEES

Pinel & Pinel reminds the Customer that the Customer benefits from the following legal guarantees:

(i) Legal guarantee of conformity, entitling the Customer to:

  • benefit from a period of two year after the delivery of the Product concerned to take any action in regard of the vendor;
  • select from the repair or replacement of the goods, and, for Customers who are consumers or private individuals, subject to the cost conditions provided in article L. 217-9 of the French Consumer Code;
  • be exempted from providing evidence of the existence of lack of conformity of the goods during 24 months following the delivery of the Product concerned.

(ii) Legal guarantee for latent defects, under which the Customer may request, within a period of two years from the discovery of the defect, either a termination of the sale or a reduction in the sale price under articles 1641 et sequentes of the French Civil Code.

These guarantees are independent from any additional commercial guarantee that may be granted.

In any event, Pinel & Pinel shall not receive any complaint and shall not exchange any Product in a point of sale of Pinel & Pinel or in a point of sale of a retailer.

The legislation in respect of legal guarantees for conformity and latent defects is provided in Appendix 2.

11. DISCLAIMER OF LIABILITY OF PINEL & PINEL

Pinel & Pinel shall only be liable in the event of proven misconduct or negligence, and its liability shall be limited to direct harm, to the exclusion of any indirect harm of any nature whatsoever.

In all circumstances, the liability of Pinel & Pinel shall be limited to the total amount exclusive of taxes paid by the Customer for the Order.

11. EXCLUSION DE RESPONSABILITE DE PINEL & PINEL

 

Pinel & Pinel shall not be liable in the event of direct or indirect harm to Products, property or individuals sustained by the Customer or a third party, particularly resulting from the following, without limitation:

  • Negligence, damage, voluntary or involuntary destruction or a fault of the Customer or a third party;
  • Normal wear and tear of the Products, lack of maintenance or failure to follow instructions for use and/or maintenance, change in the purpose of the Products;

Generally any use in conditions that are clearly not suitable for the use of the Products and any other cause that is not attributable to a manufacturing or design defect.

12. PERSONAL DATA AND AGREEMENT OF EVIDENCE

12.1 Personal data

Under article 6 of the French data protection act 78-17 of 6 January 1978 as amended, Pinel & Pinel processes personal data in order to manage orders for Products.

In that regard, Pinel & Pinel has made a declaration with the French data protection commission under number 2156826 v 0.

The information required from Customers is necessary for processing Orders.

Thus, data relating to the Agreement between the Customer and Pinel & Pinel are stored on an electronic medium.

They are accessible upon a request from the Customer to Pinel & Pinel.

The Customer may receive offers by email from Pinel & Pinel, which it hereby expressly accepts.

If the Customer does not wish to receive such offers, it may request the same at any time by email sent to the contact email address for no costs other than those relating to the sending of its request.

12.2 Agreement of evidence

The Parties expressly agree that:

  • the presence of an identification code validly identifies the originator of a document or a message and establishes the authenticity of the document or message,
  • an electronic document containing an identification code is equivalent to a document signed by the originator,
  • the Parties may use printouts of electronic messages obtained from email software to prove the content of their correspondence in respect of the fulfilment of the Standard Terms and Conditions,
  • the data collected and saved from the Website constitute evidence of all the transactions agreed with the Customer.

13. INTELLECTUAL PROPERTY

The domain name www.pineletpinel.com belongs to Pinel & Pinel and/or its affiliates.

The Website is protected by intellectual property law, and all its constituent elements (films, photographs, logos, trademarks, designs or models, text, tree structures, software, animations, illustrations, drawings etc.) belong exclusively to Pinel & Pinel or its affiliates.

No usage licence is granted to the Customer under the Agreement and the Order for Products.

Further, Pinel & Pinel retains the ownership rights to the methods, know-how and processes developed by it.

The use of any part of the Website (downloading or reproduction) is strictly prohibited, other than for personal and private use.

The Customer may share Website pages with Pinel & Pinel Products for strictly personal purposes, to the exclusion of any commercial use on websites or pages and/or any other commercial digital medium, subject to compliance with the intellectual property rights of Pinel & Pinel or those utilised by it, and agrees not to harm its reputation and/or image.

Hypertext links require prior permission from Pinel & Pinel and may be revoked at any time.

Pinel & Pinel shall have no liability in respect of hypertext links to www.pineletpinel.com or access to and the content of such sites.

14. GENERAL PROVISIONS

14.1 Non-payment and incomplete or incorrect information

In the event of non-payment or the provision of incorrect or incomplete information by the Customer in respect of both Orders and Product returns, Pinel & Pinel reserves the right to cancel the transaction as a whole without notice or compensation on any grounds.

14.2 Severability

If any clause in the Agreement is found to be null and void, that shall not invalidate the Standard Terms and Conditions, unless the clause is an essential and fundamental clause without which a Party may not have entered into the Agreement.

14.3 Amendment of Standard Terms and Conditions

Pinel & Pinel reserves the right to amend the Standard Terms and Conditions at any time.

As a result, the Standard Terms and Conditions applicable shall be those in force on the date of the Order for the Products from the Customer.

14.4 Force majeure

The Parties shall not be held liable if the non-fulfilment or delayed fulfilment of any of their obligations hereunder is the result of a force majeure circumstance in the meaning of article 1218 of the French Civil Code.

14.5 Applicable law – Language of Agreement

The Agreement shall be governed by the laws of France and established in the French language.

As a result, if the Agreement is translated into any other language, the French-language version shall prevail.

14.6 Resolution of disputes between businesses

 

The Parties agree to endeavour to find an amicable settlement for all disputes arising between them in respect of the validity, interpretation, fulfilment or termination of this Agreement.

Failing an amicable settlement within thirty (30) days from its occurrence, the dispute shall be brought exclusively before the court with jurisdiction over the registered office of Pinel & Pinel.

14.7 Resolution of disputes between Pinel & Pinel and private individuals

Customers who are consumers or private individuals in the meaning of the French Consumer Code are informed that they may under said Code resort to mediation, particularly with the consumers’ mediation commission or with existing industry mediation bodies, the details of which are provided below and on the Website, or any other alternative means of dispute resolution in the event of a disagreement:

 

MEDICYS

www.medicys.fr

73 boulevard de Clichy

75009 Paris

01.49.70.15.93

contact@medicys.fr

In accordance with article 14 of (EU) regulation 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC, the Customer is also informed of the existence of a platform for the resolution of online disputes (ODR) between consumers and businesses accessible at the following address: http://ec.europa.eu/odr.

Appendix 1 – Cancellation form

(This form is to be completed and sent back only if the Customer wishes to cancel its order with Pinel & Pinel, subject to any exclusions or restrictions on the right to a cooling-off period, in accordance with the applicable Standard Terms and Conditions).

  • For the attention of Pinel & Pinel by post to Pinel & Pinel – Service Relations Clientèle – 60, Rue d’Avron 75020 Paris or email using the Contact tab

This is to notify my wish to cancel the Agreement relating to the sale of the Products below:

Ordered on ……………………………………..

Received on……………………………………………………………..

Order number: ……………………………………………………………………..

Name of Customer: ………………………………………………………………

Address of Customer: ….……………………………………………………..

….…………………………………………………………………………………………………………….

Signature of Customer who is a consumer or private individual (only if this form is notified in printed form):

Date: ………………………………………………………………..

Appendix 2

Article L. 217-4 of the French Consumer Code

The vendor is required to deliver goods that conform to the agreement and is liable for any lack of conformity found upon delivery. It is also liable for lack of conformity resulting from packaging, assembly instructions or installation when it is responsible for the same under the agreement or when that has been carried out under its responsibility.

Article L. 217-5 of the French Consumer Code

The goods conform to the agreement:

If they are fit for the purpose usually expected from similar goods and, where applicable:

– if they are as described by the vendor and have the properties presented by the vendor to the buyer in the form of a sample or model;

– if they have the properties that a buyer may legitimately expect in view of the public representations of the vendor, the manufacturer or its representative, particularly in advertising or labelling;

Or if has the characteristics defined by mutual agreement by the parties or is fit for any special purpose sought by the buyer, notified to the vendor and accepted by the vendor.

Article L. 217-7 of the French Consumer Code

Any lack of conformity that appears within twenty four months of the delivery of the goods shall be assumed to exist at the time of the delivery unless proven otherwise. That period is six months for goods sold as used goods. The vendor may challenge that assumption if it is not compatible with the type of the goods of the lack of conformity in question.

Article L. 217-8 of the French Consumer Code

The buyer is entitled to require that the goods conform to the agreement. However, the buyer may not dispute conformity on the grounds of a defect that is known to the buyer or of which the buyer could not have been unaware at the time of the agreement. The same shall apply if the origin of the defect lies in materials supplied by the buyer.

Article L. 217-9 of the French Consumer Code

If any lack of conformity is found, the buyer may select to cause the goods to be repaired or replaced. However, the vendor may decide not to follow the buyer’s choice if the cost of the choice is clearly out of proportion in view of the alternative and the value of the goods or the scale of the defect. It shall then apply the solution not chosen by the buyer, unless that is impossible.

Article L. 217-10 of the French Consumer Code

If the goods cannot be repaired or replaced, the buyer may return them and secure a refund of the price or retain the goods and secure a refund of part of the price. The same right is available:

  1. If the solution requested, offered or agreed under article L. 217-9 cannot be implemented within a month of the complaint from the buyer;
  2. Or if the solution cannot be implemented without a major drawback for the buyer in view of the nature of the goods and the usage sought.
    The sale may not however be cancelled if the lack of conformity is minor. ”

Article L. 217-11 of the French Consumer Code

The provisions of articles L. 217-9 and L. 217-10 shall apply at no cost for the buyer. Those same provisions are without prejudice to the payment of damages.

Article L. 217-12 of the French Consumer Code

Any action resulting from a lack of conformity shall be limited to two years from the delivery of the goods.

Article L. 217-16 of the French Consumer Code

Where the buyer asks the vendor for repairs covered by the guarantee during the course of the commercial guarantee granted to it at the time of the purchase or repair of movable goods, any period of immobilisation of at least seven days shall be added to the remaining guarantee period. That period shall start from the request for work by the buyer or the provision of the goods in question for repairs, if such provision is later than the request for work.

Article 1641 of the French Civil Code

The vendor is liable for latent defects in the sold goods that make the goods unfit for their purpose or diminish such use to the extent that the buyer would not have purchased them or would have purchased them for a lower price if it had been aware of them.

Article 1643 of the French Civil Code

It is liable for latent defects, including those of which it is unaware, unless it has provided that it offers no guarantee in that respect.

Article 1644 of the French Civil Code

In the case of articles 1641 and 1643, the buyer may either return the goods and secure a refund of the price or retain the goods and secure a refund of part of the price.

Article 1648, paragraph 1 of the French Civil Code

Action arising out of redhibitory defects shall be taken by the buyer within two years of the discovery of the defect.