Terms of Sales
Summary
Article I - Fields of application
Article II - Company and legal notices
Article III - Legal capacity, acceptance and registration
Article IV - Product
Article V - Order
Article VI - Price and payment conditions
Article VII - Delivery
Article VIII - Right of withdrawal
Article IX - Legal Guarantees
Article X - Obligations of purchasers
Article XI - Responsibility of Mr & Mrs SAUVAGE
Article XII - Intellectual property
Article XIII - Personal data
Article XIV - Advertising
Article XV - Links and third-party sites
Article XVI - Prohibitions
Article XVII - Unsubscription
Article XVIII - Modifications
Article XIX - Language
Article XX - Mediation
Article XXI - Applicable law and jurisdiction
Article XXII - Entry into force
Article I - Fields of application
These general conditions of sale apply without restriction or reservation to all online sales offered by the company. Mr & Mrs SAUVAGE , limited liability company with share capital of 2.00 euros, registered with the Bordeaux RCS under number 940 140 461 , whose head office is located at 27 rue le Reynard – 33800 Bordeaux (hereinafter, Mr & Mrs SAUVAGE on the website www.mrmmesauvage.com .
The Site www.mrmmesauvage.com is an e-commerce platform, which allows Internet users (hereinafter, the “Customers”) to acquire textiles, artisanal retail products, and other accessories, offered for sale on the Site (hereinafter, products ")
The main characteristics of the products and in particular the specifications, illustrations and indications of dimensions or capacities, are presented on the site www.mrmmesauvage.com . The Customer is required to read it before ordering. The choice and purchase of products are the sole responsibility of the Customer.
The purpose of these general conditions is to define the terms and conditions of the online sale and delivery of the Products, as well as to define the rights and obligations of the parties in this context.
They are accessible at any time via a direct link at the bottom of the page of the Site www.mrmmesauvage.com and will prevail over any other documents not expressly approved by Mr & Mrs SAUVAGE .
The applicable version of the general conditions is that which can be consulted online on the Site www.mrmmesauvage.com on the date of the Customer's order.
They may be supplemented, if necessary, by specific conditions of use for certain services offered on the Site www.mrmmesauvage.com , which supplement these general conditions and, in the event of contradiction, prevail over the latter.
The fact that Mr & Mrs SAUVAGE does not avail itself at a given moment of any of the general conditions of sale cannot be interpreted as a waiver of subsequently availing itself of any of the said conditions.
The nullity of a contractual clause does not entail the nullity of the general conditions of sale. The temporary or permanent non-application of one or more clauses of the general conditions of sale by Mr & Mrs SAUVAGE cannot constitute a waiver on its part of the other clauses of the general conditions of sale which continue to produce their effects.
The Site www.mrmmesauvage.com is accessible to all users of the Internet network in principle 24 hours a day, 7 days a week, except interruption, scheduled or not, by Mr & Mrs SAUVAGE , for the purposes of its maintenance and/or security or in cases of force majeure or updating of the Site www.mrmmesauvage.com .
Mr & Mrs SAUVAGE cannot be held responsible for any damage, whatever its nature, resulting from unavailability of the Site. www.mrmmesauvage.com .
Mr & Mrs SAUVAGE does not guarantee that the Site www.mrmmesauvage.com will be free from anomalies, errors or bugs, nor that the Site www.mrmmesauvage.com will operate without breakdowns or interruptions. In this regard, it may freely and at its sole discretion determine any period of unavailability of the Site or its content.
Mr & Mrs SAUVAGE cannot be held responsible for data transmission, connection or network unavailability problems.
Article II - Company and legal notices
The site is operated by Mr & Mrs SAUVAGE , limited liability company with share capital of 2 euros, registered with the Bordeaux RCS under number 949 140 461 whose head office is located 27 rue le Reynard - 33800 Bordeaux.
Mr & Mrs SAUVAGE can be contacted using the following contact details:
Address : 27 rue le Reynard - 33800 Bordeaux
Phone : 07.62.74.46.81
Email address : contact@sauvage.com
Article III - Legal Capacity, acceptance and registration
1 - Legal capacity
The Site www.mrmmesauvage.com is accessible:
1° To any natural person with full legal capacity to commit to these general conditions. Any natural person who does not have full legal capacity can only access the Site with the agreement of their legal representative.
2° To any legal entity acting through a natural person having the legal capacity to enter into a name and on behalf of the legal entity.
2 - Acceptance of the general conditions
Acceptance of these general conditions by the Customer is indicated by a check box in the order form. This acceptance can only be full and complete.
Any acceptance under reservation is considered null and void. The Customer who does not agree to be bound by these general conditions must not place an order on the Site www.mrmmesauvage.com .
3 - Registration on the website www.mrmmesauvage.com
Placing an order on the site requires the Customer to register on the Site by completing the form provided for this purpose.
In all cases, the Customer must provide all information marked as mandatory. Any incomplete registration will not be validated.
Registration automatically results in the opening of an account in the name of the Customer (hereinafter, the “Account”), giving them access to a personal space (hereinafter, “Personal Space”) which allows them to manage its purchases in a form and according to the technical means that Mr & Mrs SAUVAGE deems most appropriate.
The Client guarantees that all the information he gives in the registration form is accurate, up to date and sincere and is not tainted by any misleading character.
He undertakes to update this information in his Personal Space in the event of modifications (in particular: change of postal address), so that they always correspond to the above-mentioned criteria.
The Customer is informed and accepts that the information entered for the purposes of creating or updating his Account constitutes proof of his identity. The information entered by the Customer is binding upon validation.
The Customer can access their Personal Space at any time after identifying themselves using their login ID and password.
The Customer undertakes to use his Account personally and not to allow any third party to use it in his place or on his behalf, unless he bears full responsibility.
He is also responsible for maintaining the confidentiality of his username and password, any access to the Site using the latter being deemed to be carried out by the Client; He must immediately contact Mr & Mrs SAUVAGE at the contact details mentioned in article II hereof General Terms and Conditions if he notices that his Account has been used without his knowledge. He recognizes Mr & Mrs SAUVAGE the right to take all appropriate measures in such a case.
Article IV - Products
Before any online order and in particular in application of the provisions of article L111-1 of the Consumer Code:
“Any professional seller of goods or service provider must, before the conclusion of the contract, put the consumer in a position to know the essential characteristics of the good or service.”
The Customer can read, on the Site www.mrmmesauvage.com , the characteristics of each Product he wishes to order.
The Products are offered for sale online while stocks last and depending on their availability, or subject to the possibility of ordering them if necessary.
The information concerning the Products, provided on each sales page, is that communicated to Mr & Mrs SAUVAGE by the suppliers of these Products.
Mr & Mrs SAUVAGE will ensure that the photographs and descriptions of the Products on the Website are as faithful as possible to the Products themselves. The Products offered for sale are described and presented with the greatest possible accuracy. However, a minimal variation in the color of the Product(s) does not engage the responsibility of Mr & Mrs SAUVAGE and does not affect the validity of the sale.
Article V - Order
1 - Placing an order
To place an order, the Customer must select the Product of their choice and place it in their basket.
He can access the summary of his basket at any time as long as the order is not definitively validated and can correct any errors in the elements entered.
The order is deemed received by Mr & Mrs SAUVAGE when this is definitively validated by the Buyer.
2- Order confirmation
At the end of his order, the customer receives a confirmation by email which summarizes the elements of the order and the expected delivery time.
The Customer must ensure that the contact details provided in their Account are correct and that they allow them to receive the order confirmation email. If this is not received, the Customer must contact Mr & Mme SAUVAGE to the contact details mentioned in Article II.
Mr & Mrs SAUVAGE recommends that the Customer retain the information contained in the order confirmation.
Article VI - Price and payment conditions
1 - Price
The sales prices of the Products are displayed on the Site.
They are indicated in euros, all taxes included (French VAT and other applicable taxes).
Mr & Mrs SAUVAGE reserves the right, at its free discretion and according to terms of which it will be the sole judge, to propose promotional offers or price reductions.
The prices do not include delivery costs that may be applicable to the delivery of the Products, invoiced in addition to the price of the Products. The amount of the applicable delivery costs will be indicated before validation of the order by the Customer.
The applicable price is that displayed on the Site www.mrmmesauvage.com at the time of registration of the Customer's order.
2 - Payment terms
The full price of the Products is necessary to place the order.
Payment can be made online by credit card, through the secure online payment service indicated on the Site. www.mrmmesauvage.com .
The Customer guarantees to Mr & Mrs SAUVAGE that he has the necessary authorizations to use the chosen payment method.
Mr & Mrs SAUVAGE reserves the right to suspend or cancel any order and/or delivery in the event of non-payment, or in the event of fraud or attempted fraud relating to the use of the Site www.mrmmesauvage.com .
3 - Billing
The invoice corresponding to each order placed by the Customer is sent to the Customer by email, to the address indicated in their registration form.
4 - Reservation of ownership
Mr & Mrs SAUVAGE retains full and complete ownership of the Products sold until full payment of the price, delivery costs included.
Article VII - Delivery
1 - Delivery territory
Customers are expressly informed that the Site www.mrmmesauvage.com does not offer delivery of Products to the countries mentioned on the Site.
2 - Delivery methods
Delivery of Products ordered on the Site www.mrmmesauvage.com is carried out at the address indicated when the Customer orders as the “delivery address” (which may be different from the billing address), or at a relay point of his choice, which can only be cited in the territory targeted.
Different delivery methods may be possible, depending on the categories of Products and their weight.
The Customer is informed before validation of his order of the possible delivery methods for the Product ordered as well as the deadlines and costs corresponding to each of these methods.
The Customer is solely responsible for recovering the Products delivered within the necessary time frame.
The Customer must ensure that the information communicated is correct, and that it remains so until complete delivery of the Product(s) ordered.
The Client therefore undertakes to inform Mr & Mrs SAUVAGE of any change in billing and/or delivery details which may occur between the Order and delivery, by sending, without delay, an email to the customer service email address.
Failing this, in the event of a delay and/or delivery error, the Customer cannot under any circumstances be held liable for Mr & Mrs SAUVAGE in the event of non-delivery, and the customer service of Mr & Mrs SAUVAGE will contact the Customer for a second delivery at the expense of said Customer.
www.mrmmesauvage.com delivers packages throughout mainland France, to European Union countries and internationally (only destinations provided by the carrier Colissimo/Mondial Relay);
The deadlines indicated are indicative deadlines, corresponding to the average processing and delivery times.
The risks are borne by the Customer from the moment the Products have left the premises of Mr & Mrs SAUVAGE .
3 - Delivery costs
Delivery costs will be indicated on the order summary.
Delivery costs vary depending on whether the Products are delivered to a relay point selected by the Customer, or directly to the address indicated when ordering.
4 - Delivery times
The delivery time is indicated on the site for each product. Unless otherwise specified, delivery times are 5 to 30 working days for France.
Article VIII - Right of withdrawal
The right of withdrawal is exercised according to the terms provided for in the Consumer Code.
All Products may be subject to withdrawal, except those excluded by article L.221-28 of the Consumer Code:
“The consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded remotely, following cold calling or off-premises, without having to give reasons for his decision or to bear other costs than those provided for in articles L.”
reproduced below:
The right of withdrawal cannot be exercised for contracts:
1° The provision of services fully executed before the end of the withdrawal period and the execution of which has begun after the express prior agreement of the consumer and express waiver of his right of withdrawal;
2° The supply of goods or services whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period;
3° Supply of goods made according to the consumer's specifications or clearly personalized;
4° Supplies of goods likely to deteriorate or expire quickly;
5° Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
6° Supply of goods which, after having been delivered and by their nature, are mixed inseparably with other items;
7° Supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations on the market beyond the control of the professional;
8° Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;
9° Supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
10° Supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
11° Concluded during a public affair;
12° Provision of accommodation services, other than residential accommodation, goods transport services, car rentals, catering or leisure activities which must be provided on a specific date or period;
13° Supply of digital content not provided on a physical medium whose execution has begun after express prior agreement of the consumer and express waiver of his right of withdrawal.
Apart from this type of Products, the Customer has a period of 14 (fourteen) working days, from the date of receipt of the Products ordered, to withdraw without having to justify reasons or pay penalties, at with the exception of return costs which remain his responsibility, for countries outside Europe, and which he must pay. On a commercial basis, Mr & Mrs SAUVAGE may offer a longer return period – the Customer is invited to consult the terms and conditions on the Site.
The Customer who wishes to exercise his right of withdrawal must send to Mr & Mrs SAUVAGE to the contact details mentioned in Article II hereof, before the expiry of the above period, the withdrawal form annexed to these general conditions duly completed, or a declaration clearly expressing its desire to withdraw and including its order number.
The Products must be returned to Mr & Mrs SAUVAGE in their original packaging, without undue delay and at the latest within 14 (fourteen) calendar days following communication by the Customer of their desire to withdraw. They must be accompanied by a copy of the corresponding purchase invoice.
Please note that the returned Products must not have been used.
The Customer is deemed responsible in the event of damage to the Products upon their return to Mr & Mrs SAUVAGE .
The Customer will be reimbursed as soon as possible and at the latest within 14 (fourteen) days from the date of actual receipt by Mr & Mrs SAUVAGE of the request for withdrawal of the entire sums paid for the order, deduction where applicable of the return costs, which remain the responsibility of the Customer. Mr & Mrs SAUVAGE however reserves the right to defer this reimbursement until the Products are actually recovered.
In accordance with article L.221-23 of the Consumer Code:
“The consumer only bears the direct costs of returning the goods, unless the professional agrees to bear them or if he has failed to inform the consumer that these costs are his responsibility.”
the Customer is informed that his liability is not incurred with regard to Mr & Mrs SAUVAGE as for a depreciation of the product(s), returned following the exercise of its right of withdrawal, resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this or these goods.
Article IX - Legal Guarantees
Mr & Mrs SAUVAGE points out, however, that the Customer benefits from legal guarantees of non-conformity as well as hidden defects in the item sold, including defects in conformity resulting from the packaging of the Products ordered on the Site.
If the Customer notices that the Product delivered to him has a defect, a lack of conformity or is damaged, he must inform Mr & Mrs SAUVAGE to the contact details mentioned in Article II hereof, indicating the nature of the defect, non-compliance or damage noted and sending any useful supporting evidence, particularly in the form of photographs.
We will refund the products once returned in perfect condition with the original product labels, unwashed and unused. He is obliged to return the completed and signed withdrawal form to us by email.
Withdrawal form (To download)
Mr & Mrs SAUVAGE will organize the return arrangements with the carrier of its choice, of which it will inform the Customer by any useful means. Mr & Mrs SAUVAGE will bear the costs of this return.
The Products must be returned to Mr & Mrs SAUVAGE in their original packaging. They must be accompanied by a copy of the corresponding purchase invoice.
Returns of Products not complying with the terms described above cannot be taken into account.
Mr & Mrs SAUVAGE will carry out the necessary checks and offer the Customer the replacement of the Product wherever possible. If replacement of the Product is impossible, Mr & Mrs SAUVAGE will reimburse the Customer for the entire price paid for the Product as well as the corresponding delivery costs, by any useful means, as soon as possible and at the latest within 14 (fourteen) days following the date on which Mr & Mrs SAUVAGE will have informed him of the impossibility of replacing the Product.
The legal texts relating to legal guarantees are reproduced in Article XXI hereof. T&Cs .
Article X - Obligations of purchasers
Customers are solely responsible for their choice and use of the Products. It is their responsibility to verify the suitability of the Products to their specific needs and constraints prior to purchasing said Products.
They must also take the necessary measures to save by their own means the information in their Personal Space that they deem necessary, of which no copy will be provided to them.
Finally, it is up to Customers to take all appropriate measures to protect their own data and/or software stored on their computer equipment against any attack.
Article XI - Responsibility of Mr & Mrs SAUVAGE
1° Mr & Mrs SAUVAGE undertakes to carry out regular checks to verify the operation and accessibility of the Site www.mrmmesauvage.com . As such, Mr & Mrs SAUVAGE reserves the right to temporarily interrupt access to the Site www.mrmmesauvage.com for maintenance reasons. Likewise, Mr & Mrs SAUVAGE cannot be held responsible for temporary difficulties or impossibilities of access to the Site which may be due to circumstances external to it, force majeure, or which may be due to disruptions in telecommunications networks.
2° Mr & Mrs SAUVAGE does not provide the Customer with any guarantee as to the adaptation of the Products to his needs, expectations or constraints.
3° The responsibility of Mr & Mrs SAUVAGE is excluded in the event of damage, direct or indirect, affecting property or people, suffered by the Customer or a third party, and resulting from the following cases:
4° Negligence or fault committed by the Client or by a third party;
Any use in conditions that are manifestly non-compliant for the use of the Products.
5° Mr & Mrs SAUVAGE cannot be held responsible for non-execution or delay in the execution of sales contracts due to circumstances external to it or a case of force majeure, it being expressly specified that cases of force majeure are considered, in addition to those which are usually retained by the case law of French courts: exceptional bad weather, natural disasters, fires and floods, lightning, attacks, cases of breakdown or blockage of telecommunications networks, means of transport or postal services including due to strikes, damage caused by viruses for which the security means existing on the market do not allow their eradication, as well as any legal or regulatory or public order obligation imposed by the competent authorities and which would have the effect of substantially modifying these general conditions.
6° In any event, the liability likely to be incurred by Mr & Mrs SAUVAGE hereunder is expressly limited to proven direct damage suffered by Customers.
Article XII - Intellectual property
The systems, software, structures, infrastructures, databases and content of all kinds (texts, images, visuals, music, logos, brands, database, etc.) operated by Mr & Mrs SAUVAGE within the Site are protected by all intellectual property rights or rights of database producers in force.
All disassembly, decompilation, decryption, extraction, reuse, copying and more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of Mr & Mrs SAUVAGE are strictly prohibited and may be subject to legal action.
Article XIII - Personal data
1 - Personal data
Mr & Mrs SAUVAGE understands that the protection of data and privacy is an issue for all Internet users visiting the Site.
Mr & Mrs SAUVAGE undertakes, in accordance with GDPR regulations, to respect your privacy and to protect your personal data, that is to say likely to identify you directly or indirectly as a person.
As part of the Order, Mr & Mrs SAUVAGE is intended to collect the Customer's personal data. Mr & Mrs SAUVAGE is committed to protecting Customers' personal data.
The files containing personal data necessary for the Order are notably kept on the servers of the Site host “SquareSpace”. This service provider ensures that it complies with the requirements of the General Data Protection Regulation (GDPR). Mr & Mrs SAUVAGE does not communicate or trade in Customers' personal data.
At the Order stage on the Site www.mrmmesauvage.com , the Customer expressly consents to the collection and processing of his personal data necessary to carry out the Orders.
Personal data collected by Mr & Mrs SAUVAGE are intended to enable the completion of the Order. The various personal data will not be kept longer than necessary for the purposes for which they were collected, including with regard to compliance with legal or tax obligations.
In accordance with the provisions of Law No. 78-17 of January 6, 1978, as amended by Law No. 2004-801 of August 6, 2004 known as “Informatique et Libertés”, and the General Data Protection Regulation (GDPR) , subject to proof of your identity, any Customer, whatever their nationality, has the right to access, modify and delete their personal data. Each Customer is also entitled to request a limitation of the processing of their data and also has a right to data portability as well as a right to object to the processing of personal data concerning them.
For the purposes of applying this clause and, in particular, to ensure the confidentiality treatment of Customer data, Mr & Mrs SAUVAGE has designated, in accordance with the provisions of the general data protection regulations (GDPR), a data protection officer, who can be contacted at the following address: 27 rue le Reynard - 33800 Bordeaux
In any case, any Buyer has the right to make any complaint to the CNIL.
2 - Newsletter
By checking the box provided for this purpose or by expressly agreeing to this purpose, the Customer accepts that Mr & Mrs SAUVAGE may send it, at a frequency and in a form determined by it, a newsletter (information letter) which may contain information relating to its activity.
When the Customer checks the box provided for this purpose in the registration process on the Site www.mrmmesauvage.com to place the Order, he agrees to receive commercial offers from Mr & Mme SAUVAGE for Products similar to those ordered.
Customers will have the option to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters (newsletters).
Article XIV - Advertising
Mr & Mrs SAUVAGE reserves the right to insert on any page of the Site and in any communication to buyers any advertising or promotional messages in a form and under conditions of which Mr & Mme SAUVAGE will be the sole judge.
Article XV - Links and third-party sites
Mr & Mrs SAUVAGE cannot under any circumstances be held responsible for the technical availability of websites or mobile applications operated by third parties (including any partners) which the Client may access via the Site. www.mrmmesauvage.com .
Mr & Mrs SAUVAGE assumes no responsibility for the content, advertising, products and/or services available on such third-party sites and mobile applications, which are governed by their own conditions of use.
Mr & Mrs SAUVAGE is also not responsible for transactions between the Client and any advertiser, professional or merchant (including any partners) to whom the Client may be directed via the Site. www.mrmmesauvage.com and cannot under any circumstances be a party to any possible disputes whatsoever with these third parties concerning in particular the delivery of products and/or services, the guarantees, declarations and other obligations whatsoever to which these third parties are bound.
Article XVI - Prohibitions
1° Are strictly prohibited:
- any behavior likely to interrupt, suspend, slow down or prevent the proper functioning of the Site www.mrmmesauvage.com
- any intrusions or attempted intrusions into the security systems Mr & Mrs SAUVAGE
- all misuse of system resources of the Site www.mrmmesauvage.com
- any actions likely to impose a disproportionate burden on the latter's infrastructure
- any breaches of security and authentication measures
- all acts likely to harm the financial, commercial or moral rights and interests of Mr & Mrs SAUVAGE or users of its Site www.mrmmesauvage.com
- any practice diverting the Site for purposes other than those for which it was designed and finally more generally
- any breach of these general conditions or the laws and regulations in force.
2° It is also strictly prohibited to monetize, sell or grant all or part of access to the Site www.mrmmesauvage.com , as well as the information it contains.
3° In the event of failure to comply with any of the provisions of this article or more generally, violations of laws and regulations, Mr & Mrs SAUVAGE reserves the right to take all appropriate measures and initiate any legal action.
Article XVII - Unsubscription
The Customer can unsubscribe from the Site www.mrmmesauvage.com at any time, by sending a request to this effect to Mr & Mrs SAUVAGE by email, to the contact details mentioned in article II.
Unsubscription is effective within a maximum period of 7 (seven) days from this request. It results in the automatic deletion of the Customer's Account.
Article XVIII - Modifications
Mr & Mrs SAUVAGE reserves the right to modify these general conditions of sale at any time. In this case, the applicable conditions will be those in force on the date of the Customer's order.
Article XIX - Language
In the event of a translation of these general conditions into one or more languages, the language of interpretation will be French in the event of contradiction or dispute over the meaning of a term or provision.
Article XX - mediation
It is also recalled that any Customer has the right to have free recourse to a consumer mediator with a view to amicably resolving the dispute between them and a professional. For this purpose, Mr & Mrs SAUVAGE guarantees the Customer effective recourse to a consumer mediation system.
Mediation of consumer disputes: In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, Mr & Mrs SAUVAGE adheres to the CM2C Mediator Service .
In the event of a dispute, you can file your complaint on its website: https://www.cm2c.net/ or by post by writing to CM2C – 14 Rue Saint Jean, 75017 Paris.
You can use the mediation service for consumer disputes linked to an order placed on the internet.
Finally, it is recalled that mediation is not obligatory but only offered in order to resolve disputes by avoiding recourse to justice. In the event of failure of this mediation procedure or if the Client wishes to refer the matter to court, the rules of the code of civil procedure will apply.
The Customer can also contact the dispute resolution platform put online by the European Commission at the following address: http://ec.europa.eu/consumers/odr/ .
Articles XXI - Applicable law and jurisdiction
These general conditions are governed by French law.
In the event of a dispute over the validity, interpretation and/or execution of these general conditions, the parties agree that the courts of BORDEAUX will have exclusive jurisdiction to judge the matter, unless mandatory procedural rules to the contrary.
Article L. 217-4 of the Consumer Code
The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.
Article L. 217-5 of the Consumer Code
The property complies with the contract:
If it is suitable for the use usually expected of similar goods and, where applicable:
– if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
– if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;
Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L. 217-7 Consumer Code
“Defects of conformity which appear within a period of twenty-four months from delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller may combat this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.”
Article L. 217-8 Consumer Code
“The consumer has the right to demand that the goods conform to the contract. He cannot, however, contest conformity by invoking a defect that he knew or could not have ignored when he contracted. The same applies when the defect has its origin in the materials he himself supplied.”
Article L. 217-9 Consumer Code
“In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice results in a cost that is manifestly disproportionate with regard to the other method, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer.”
Article L. 217-10 Consumer Code
“If repair and replacement of the goods are impossible, the buyer can return the goods and have the price refunded or keep the goods and have part of the price refunded. The same faculty is open to him:
1° If the solution requested, proposed or agreed pursuant to article L. 217-9 cannot be implemented within one month following the buyer's complaint;
2° Or if this solution cannot be done without major inconvenience for him taking into account the nature of the property and the use he is seeking.
However, the sale cannot be canceled if the lack of conformity is minor. “
Article L.217-11 of the Consumer Code
“The application of the provisions of articles L. 217-9 and L. 217-10 takes place without any cost for the buyer. These same provisions do not prevent the award of damages.”
Article L. 217-12 of the Consumer Code
“The action resulting from the lack of conformity is prescribed two years from the delivery of the goods.”
Article L. 217-16 of the Consumer Code
“When the buyer requests from the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the buyer's request for intervention or the making available for repair of the good in question, if this making available is subsequent to the request for intervention.”
Article 1641 of the Civil Code
“The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or 'would have given a lower price for them, if he had known them.'
Article 1643 of the Civil Code
“He is liable for hidden defects, even if he were not aware of them, unless, in this case, he has stipulated that he will 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 refunded, or keeping the thing and having part of the price refunded.”
Article 1648 paragraph 1 of the Civil Code
“The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.”
Articles XXII - Entry into force
These general conditions came into force in April 2023.