GTC
GENERAL TERMS AND CONDITIONS OF SALE
of online products to individual consumers
Preamble
These general terms and conditions of sale apply to all sales concluded on the MaisonDuTemps website.
The MaisonDuTemps.com website is a service of:
- MaisonDuTemps company
- Located in France
- Maisondutemps.com
- E-mail: sav@maisondutemps.com
The MaisonDuTemps website sells the following products: Watches and Accessories.
The customer declares to have read and accepted the general terms and conditions of sale prior to placing their order. Validation of the order therefore implies acceptance of the general terms and conditions of sale.
Article 1 - Principles
These general conditions express the entirety of the parties' obligations. In this sense, the buyer is deemed to accept them without reservation.
These general terms and conditions of sale apply to the exclusion of all other conditions, including those applicable to in-store sales or sales through other distribution and marketing channels.
They are accessible on the MaisonDuTemps website and will prevail, if applicable, over any other version or any other contradictory document.
The seller and the buyer agree that these general conditions exclusively govern their relationship. The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are posted online.
If a condition of sale is missing, it will be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France.
These general terms and conditions of sale are valid until June 1, 2022.
Article 2 - Content
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the MaisonDuTemps website.
These conditions only concern purchases made on the MaisonDuTemps website and delivered exclusively in mainland France or Corsica. For any delivery to overseas departments and territories or abroad, a message should be sent to the following e-mail address: sav@maisondutemps.com.
These purchases concern the following products: Watches and Accessories.
Article 3 - Pre-contractual information
The buyer acknowledges having been provided, prior to placing their order and concluding the contract, in a clear and understandable manner, with these general terms and conditions of sale and all the information listed in Article L. 221-5 of the Consumer Code.
The following information is transmitted to the buyer in a clear and understandable manner:
- the essential characteristics of the goods;
- the price of the goods and/or the method of calculating the price;
- if applicable, all additional shipping, delivery or postage costs and any other possible chargeable costs;
- in the absence of immediate execution of the contract, the date or period within which the seller undertakes to deliver the goods, regardless of their price;
- information relating to the seller's identity, postal, telephone and electronic contact details, and its activities, those relating to legal guarantees, the functionalities of the digital content and, if applicable, its interoperability, the existence and methods of implementation of guarantees and other contractual conditions.
Article 4 - The order
The buyer can place an order online, from the online catalog and by means of the form provided, for any product, within the limits of available stock.
The buyer will be informed of any unavailability of the ordered product or good.
For the order to be validated, the buyer must accept, by clicking in the indicated place, these general conditions. They must also choose the delivery address and method, and finally validate the payment method.
The sale will be considered final:
- after the seller has sent the buyer confirmation of the acceptance of the order by e-mail;
- and after the seller has received full payment of the price.
Any order implies acceptance of the prices and description of the products available for sale. Any dispute on this point will be settled within the framework of a possible exchange and the guarantees mentioned below.
In certain cases, notably default of payment, incorrect address or other problem on the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.
For any question relating to the tracking of an order, the buyer can call the following telephone number: (cost of a local call), on the following days and times: Monday to Saturday, from 8 am to 8 pm, or send an email to the seller at the following email address: sav@maisondutemps.com.
Pre-orders
Delivery time: Customers can expect to receive their watch within a maximum of 65 days from the pre-order date.
Refund: Refunds for funds provided for pre-orders will only be possible after the watch has been delivered. Funds will be automatically used to start watch production upon pre-order.
Pre-order cancellation: If the customer wishes to cancel their pre-order, they must contact the site's customer service for more information on cancellation procedures.
Pre-order modifications: Any modification to the pre-order must be approved by the site's customer service. If the customer wishes to change their delivery address, they can contact customer service at the following address: sav@maisondutemps.com.
Warranty: All watches sold on the site are covered by a limited warranty. For more information on the warranty, please consult the site's warranty policies.
Liability: The site is not responsible for delays or delivery errors caused by third parties, such as carriers or postal services.
Applicable law: The GTC are governed by the laws in force in the country where the site's head office is located.
Article 5 - Electronic signature
The online provision of the buyer's credit card number and the final validation of the order will constitute proof of the buyer's agreement:
- enforceability of the sums due under the purchase order;
- signature and express acceptance of all operations carried out.
In the event of fraudulent use of the credit card, the buyer is invited, as soon as such use is discovered, to contact the seller at the following telephone number: +33 6 08 14 99 53.
Article 6 - Order confirmation
The seller provides the buyer with an order confirmation by electronic mail.
Article 7 - Proof of transaction
The computerized registers, kept in the seller's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as evidence.
Article 8 - Product information
The products governed by these general conditions are those that appear on the seller's website and that are indicated as sold and shipped by the seller. They are offered within the limits of available stock.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions have occurred in this presentation, the seller's liability cannot be engaged.
Product photographs are not contractual.
Article 9 - Price
The seller reserves the right to modify its prices at any time but undertakes to apply the current rates indicated at the time of the order, subject to availability on that date.
Prices are indicated in euros. They do not include delivery costs, which are charged in addition and indicated before the order is validated. Prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will automatically be passed on to the price of products in the online store.
If one or more taxes or contributions, notably environmental ones, were to be created or modified, upwards or downwards, this change may be reflected in the selling price of the products.
Article 10 - Payment method
This is an order with payment obligation, which means that placing the order implies payment by the buyer.
To pay for their order, the buyer has, at their choice, all the payment methods made available by the seller and listed on the seller's website. The buyer guarantees the seller that they have the necessary authorizations to use the payment method chosen by them when validating the purchase order. The seller reserves the right to suspend any order management and any delivery in the event of refusal of payment authorization by credit card from officially accredited organizations or in the event of non-payment. In particular, the seller reserves the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is being administered.
Payment of the price is made in full on the day of the order, according to the following terms:
- Credit cards
- Apple Pay
- Scalapay
Article 11 - Product availability - Refund - Resolution
Except in cases of force majeure or during periods when the online store is closed, which will be clearly announced on the website's homepage, shipping times will be as indicated below, within the limits of available stock. Shipping times run from the order registration date indicated in the order confirmation email.
For deliveries in Metropolitan France and Corsica, the deadline is 2 to 4 working days from the day after the buyer placed their order, under the following terms: By Colissimo. At the latest, the deadline will be 45 working days after the conclusion of the contract.
For deliveries to overseas departments and territories or another country, the delivery terms will be specified to the buyer on a case-by-case basis.
In the event of non-compliance with the agreed delivery date or deadline, the buyer must, before terminating the contract, instruct the seller to perform it within a reasonable additional period.
Failing performance by the end of this new period, the buyer may freely terminate the contract.
The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or by writing on another durable medium.
The contract will be considered terminated upon receipt by the seller of the letter or writing informing them of this termination, unless the professional has performed in the meantime.
The buyer may, however, immediately terminate the contract if the dates or deadlines mentioned above constitute an essential condition of the contract for them.
In this case, when the contract is terminated, the seller is obliged to reimburse the buyer for all sums paid, at the latest within 14 days following the date on which the contract was denounced.
In the event of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the option to cancel their order. The buyer will then have the choice to request either a refund of the sums paid within 14 days at the latest of their payment, or an exchange of the product.
Article 12 - Delivery Terms
Delivery corresponds to the transfer of physical possession or control of the product to the buyer.
Orders are shipped according to the following terms.
Delivery address
Products are delivered to the address provided by the buyer when placing the order.
It is the buyer's responsibility to verify the accuracy and completeness of this information.
Any package returned due to an incorrect, incomplete, or changed address after shipment will be re-shipped at the buyer's expense.
MaisonDuTemps cannot be held responsible for any delay, blockage, or loss attributable to these address errors.
Estimated delivery times
The delivery times announced when placing the order are indicative, based on the average delivery times of carriers.
They may vary due to external causes: peak periods, logistical disruptions, customs, strikes, bad weather, etc.
Unless a firm date is committed to, a reasonable overrun of an indicative deadline cannot justify either refund or compensation.
In accordance with article L216-1 of the French Consumer Code, delivery must take place within a maximum of 30 days after the conclusion of the contract.
Beyond this, the buyer may formally notify the seller and, in the event of non-performance, request the cancellation of the order and a full refund.
Absence during delivery
In case of absence, a delivery notice or electronic notification will indicate the arrangements for making the package available or a new presentation.
Package verification
Upon receipt, the buyer must check the condition of the package and products.
If the packaging is open or damaged, they must:
– immediately check the contents,
– refuse the package if the product is damaged,
– make precise and reasoned reservations on the delivery note.
Signing without reservation constitutes conforming acceptance, and makes any subsequent dispute impossible.
Any claim relating to an empty, incomplete or damaged package must be reported to the seller within a maximum of 24 hours after delivery.
Claim to the carrier
In accordance with article L133-3 of the French Commercial Code, any reservation must be confirmed to the carrier by registered mail within three working days following delivery (excluding public holidays).
A copy must be sent to MaisonDuTemps within the same period.
Otherwise, no investigation or handling will be possible.
Proof of delivery
Any package delivered with a signature, QR code, or electronic confirmation from the carrier is deemed delivered and accepted by the customer.
In the event of delivery without signature (delivery to a mailbox), any dispute for a package indicated as delivered but not received must be reported within a maximum of 48 hours from the delivery date confirmed by the carrier.
After this period, no claim for loss or theft can be taken into account.
Any request made out of time or without supporting evidence (sworn statement, carrier investigation, etc.) will be systematically rejected.
Force majeure
MaisonDuTemps cannot be held responsible for delays or impossibilities of delivery due to external causes: strikes, natural disasters, logistical crises, etc.
Article 13 - Delivery errors / non-conformity
Any claim relating to:
– an incorrect model,
– a product not conforming to the indications on the order,
must be made on the day of delivery or at the latest on the first working day following receipt.
Beyond this, the claim will be automatically refused.
The claim must be accompanied by visual evidence (photos/videos) clearly showing the error.
It must be sent to:
– sav@maisondutemps.com
– or tel.: +33 6 08 14 99 53
No return can be made without prior agreement from MaisonDuTemps.
An exchange form will be provided and must be included in the package.
Any return without this form will be systematically refused.
Products must be returned:
– in their original condition, unworn, new,
– complete: packaging, protection, accessories, instructions,
– properly protected in suitable packaging.
Any product that has been used, damaged, incomplete, or reconditioned by the buyer cannot be exchanged or refunded.
Returns must be sent with tracking and delivered against signature to the address provided by the seller.
In case of a proven delivery error or non-conformity confirmed by our teams, return shipping costs are borne by the seller.
Article 14 - Product Warranty
14-1 Legal conformity warranty
The seller guarantees the conformity of the goods sold to the contract, allowing the buyer to make a claim under the legal conformity warranty provided for in articles L. 217-4 et seq. of the Consumer Code.
In the event of exercising the legal conformity warranty, it is recalled that:
- the buyer has a period of 2 years from the delivery of the goods to act;
- the buyer can choose between repair or replacement of the goods, subject to the cost conditions provided for in article L. 217-17 of the Consumer Code;
- the buyer does not have to provide proof of the non-conformity of the goods during the 24 months in the case of new goods (6 months in the case of second-hand goods), following the delivery of the goods.
14-2 Legal warranty against hidden defects
In accordance with articles 1641 et seq. of the Civil Code, the seller guarantees against hidden defects that may affect the goods sold. It will be up to the buyer to prove that the defects existed at the time of sale of the goods and are such as to render the goods unfit for the use for which they are intended. This warranty must be exercised within two years from the discovery of the defect.
The buyer can choose between canceling the sale or reducing the price in accordance with article 1644 of the Civil Code.
Commercial warranty
The products sold are also covered by a commercial warranty aimed at guaranteeing their conformity and ensuring the reimbursement of the purchase price, replacement or repair of the goods. It does not cover defects caused by abnormal or faulty use or resulting from a cause external to the intrinsic qualities of the products.
14-3 Warranty extension
The “+1 year” warranty extension allows one additional year to be added to the initial manufacturer's warranty. This extension cannot be subscribed multiple times for the same watch and cannot be combined with another extended warranty offer.
This option is refundable in case of watch return. However, it cannot be refunded if the watch is not returned.
Article 15 – Returns, Exchanges and Refunds
1) Return Conditions
Returned products must be:
– in perfect condition, neither worn nor damaged;
– complete (box, accessories, instructions, warranty card, etc.);
– returned in their original packaging or equivalent cardboard ensuring their protection;
– accompanied by the purchase invoice and/or the return form communicated by email.
Any incomplete, deteriorated, or poorly packaged item making resale impossible will not be accepted for return or refund.
2) Exercise of the right of withdrawal
The buyer has a period of 14 days from receipt to withdraw.
The request can be made via our contact form or by any other means clearly expressing the desire to withdraw.
3) Watches – Exchanges and refunds in Metropolitan France
Exchanges
– Return covered by MaisonDuTemps
– Reshipment of the new product offered
– Limited to one free exchange per order; beyond that, costs are borne by the buyer
Refunds
– Return at the buyer's expense
– Flat deduction of €3.90 from the refunded amount
– Refund within 7 to 14 days after conformity check
4) Accessories – Exchanges and refunds in Metropolitan France
(Straps, jewelry, 1 or 3 watch rolls)
When ordered or returned alone:
– Return costs at the customer's expense, exchange or refund
– No return label provided
– Reshipment offered in case of exchange
5) Returns outside Metropolitan France
All returns from abroad are at the customer's expense, regardless of the reason.
A return label is only provided for Belgium.
6) Return address
MaisonDuTemps
14 Rue Augustin Fresnel – Bât. C – Lot 5
17180 Périgny – France
7) Exceptions
In accordance with article L221-28 of the Consumer Code, the right of withdrawal does not apply to personalized products (engraving) or unsealed products that cannot be returned for reasons of hygiene or safety.
8) Holiday season – extended period
For any purchase made between November 15 and December 25, the return period is extended until January 15 inclusive.
The product must be new, unworn, unengraved, and returned complete in its original packaging.
This extension does not modify any of the conditions provided above.
Article 16 - Force majeure
All circumstances beyond the control of the parties preventing the performance of their obligations under normal conditions are considered grounds for exemption from the parties' obligations and entail their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as their disappearance.
Shall be considered as cases of force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. Expressly, are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supply, earthquakes, fires, storms, floods, lightning, the interruption of telecommunication networks or difficulties specific to telecommunication networks external to customers.
The parties will meet to examine the impact of the event and agree on the conditions under which the contract will be continued. If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party.
Article 17 - Intellectual Property
The content of the website remains the property of the seller, who is the sole owner of the intellectual property rights to this content.
Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and is liable to constitute an act of counterfeiting.
Article 18 - Data Protection and Liberties
The nominative data provided by the buyer are necessary for the processing of their order and the establishment of invoices.
They may be communicated to the seller's partners responsible for the execution, processing, management, and payment of orders.
The processing of information communicated via the MaisonDuTemps website has been declared to the CNIL (French Data Protection Authority).
The buyer has a permanent right of access, modification, rectification, and opposition concerning their information. This right can be exercised under the conditions and according to the procedures defined on the MaisonDuTemps website.
Article 19 - Partial Invalidity
If one or more stipulations of these general terms and conditions are held to be invalid or declared as such in application of a law, a regulation, or following a definitive decision by a competent court, the other stipulations shall retain their full force and scope.
Article 20 - Non-Waiver
The fact that one of the parties does not claim a breach by the other party of any of the obligations referred to in these general terms and conditions shall not be interpreted in the future as a waiver of the obligation in question.
Article 21 - Title
In the event of difficulty in interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles shall be declared non-existent.
Article 22 - Language of the Contract
These general terms and conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
Article 23 - Mediation and Dispute Resolution
The buyer may resort to conventional mediation, particularly with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute. The mediator's name, contact details and email address are available on our website.
In accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform is accessible via the following link: https://webgate.ec.europa.eu/odr/.
Article 24 - Applicable Law
These general terms and conditions are subject to French law. The competent court is the judicial court.
This applies to both substantive and procedural rules. In the event of a dispute or claim, the buyer shall first contact the seller to obtain an amicable solution.
Article 25 - Personal Data Protection
Collected Data
The personal data collected on this site are as follows:
- Account opening: when the user creates their account, their last name, first name, email address, phone number, and postal address;
- Connection: when the user connects to the website, the latter records, in particular, their last name, first name, connection data, usage data, location data, and payment-related data;
- Profile: the use of the services provided on the website allows for the creation of a profile, which may include an address and a phone number;
- Payment: as part of the payment for products and services offered on the website, the latter records financial data relating to the user's bank account or credit card;
- Communication: when the website is used to communicate with other members, data concerning the user's communications are temporarily stored;
- Cookies: cookies are used as part of the use of the site. The user has the option to disable cookies from their browser settings.
Use of Personal Data
The personal data collected from users is intended for the provision of website services, their improvement, and the maintenance of a secure environment. More specifically, the uses are as follows:
- Access and use of the website by the user;
- Management of website operation and optimization;
- Organization of payment service terms of use;
- Verification, identification, and authentication of data transmitted by the user;
- Offering the user the possibility to communicate with other website users;
- Implementation of user assistance;
- Personalization of services by displaying advertisements based on the user's browsing history, according to their preferences;
- Prevention and detection of fraud, malware (malicious software), and management of security incidents;
- Management of potential disputes with users;
- Sending commercial and advertising information, according to the user's preferences.
Sharing of personal data with third parties
Personal data may be shared with third-party companies in the following cases:
- When the user uses payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has contracts;
- When the user publishes, in the free comment areas of the website, publicly accessible information;
- When the user authorizes a third-party website to access their data;
- When the website uses the services of providers to provide user assistance, advertising, and payment services. These providers have limited access to the user's data, within the framework of the execution of these services, and have a contractual obligation to use them in compliance with the provisions of the applicable data protection regulations;
- If required by law, the website may transmit data to respond to complaints made against the website and comply with administrative and judicial procedures;
- If the website is involved in a merger, acquisition, asset sale, or judicial reorganization procedure, it may be led to sell or share all or part of its assets, including personal data. In this case, users would be informed before the personal data is transferred to a third party.
Security and Confidentiality
The website implements organizational, technical, software, and physical measures for digital security to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the internet.
Implementation of User Rights
In accordance with the applicable personal data regulations, users have the following rights, which they can exercise by making their request to the following address: sav@maisondutemps.com.
- The right of access: they can exercise their right of access to know the personal data concerning them. In this case, before implementing this right, the website may request proof of the user's identity to verify its accuracy.
- The right of rectification: if the personal data held by the website is inaccurate, they can request the update of the information.
- The right to erasure of data: users can request the deletion of their personal data, in accordance with applicable data protection laws.
- The right to restriction of processing: users can ask the website to restrict the processing of personal data in accordance with the hypotheses provided for by the GDPR.
- The right to object to data processing: users can object to their data being processed in accordance with the hypotheses provided for by the GDPR.
- The right to data portability: they can request that the website provide them with the personal data supplied to transmit it to a new website.
Evolution of this Clause
The website reserves the right to make any modification to this clause relating to the protection of personal data at any time. If a modification is made to this personal data protection clause, the website undertakes to publish the new version on its site. The website will also inform users of the modification by email, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, they have the option to delete their account.
Article 26 - Specific Conditions for Personalized and Engraved Items
No right of withdrawal, exchange or refund
In accordance with current legislation, personalized products, including engraved ones, cannot be returned, exchanged, or refunded. Any personalization, such as engraving, makes the item unique and unsellable to other customers.
Engraving Tolerance
Although carried out with a high-precision laser machine, engraving is a manual operation requiring human intervention to adjust certain parameters. A slight margin of tolerance is therefore to be expected in the final result. Our teams nonetheless ensure to provide the highest quality engraving.
Extended Delivery Times
Due to personalization by engraving, the delivery time may be extended by an additional 24 to 48 hours. This delay is necessary to guarantee meticulous execution, without rushing, in order to offer you a product of optimal quality.
Appendix:
Withdrawal Form
(to be completed by the consumer,
and sent by registered letter with acknowledgment of receipt,
within a maximum of 14 days following the date of conclusion of the service contract)
|
Cancellation Form
To the attention of: MaisonDuTemps located at: 14 Rue Augustin Fresnel / BAT C - LOT 5 / 17180 Périgny
Telephone number: 06 08 14 99 53 Email address: sav@maisondutemps.com
I hereby notify you of my cancellation of the contract relating to.................., ordered on: .........
Consumer's first name and surname: ................. Consumer's address: .................
Date: ..................
Consumer's signature
|
Appendix:
Consumer Code
Article L. 217-4 : "The seller delivers goods that conform to the contract and is liable for any conformity defects existing at the time of delivery.
He is also liable for conformity defects resulting from packaging, assembly instructions or installation when the latter was carried out by him under the contract or under his responsibility."
Article L. 217-5 : "The goods conform to the contract:
1° If they are fit for the purpose usually expected of similar goods and, where applicable:
- if they correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;
- if they present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or their representative, particularly in advertising or labeling;
2° Or if they present the characteristics defined by mutual agreement between the parties or are fit for any special purpose sought by the buyer, brought to the seller's attention and accepted by the latter."
Article L. 217-6 : "The seller is not bound by the public statements of the producer or their representative if it is established that he was unaware of them and could not legitimately have been aware of them."
Article L. 217-7 : "Conformity defects that appear within a period of twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For second-hand goods, this period is set at six months. The seller may challenge this presumption if it is incompatible with the nature of the goods or the alleged conformity defect."
Article L. 217-8 : "The buyer is entitled to demand conformity of the goods with the contract. However, he cannot challenge conformity by invoking a defect he knew or could not have ignored when he contracted. The same applies when the defect originates from materials he himself supplied."
Article L. 217-9 : "In the event of a conformity defect, 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 entails a manifestly disproportionate cost compared to the other option, taking into account the value of the goods or the importance of the defect. He is then obliged to proceed, unless impossible, according to the option not chosen by the buyer."
Article L. 217-10 : "If repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price refunded. The same option is available to him: 1° If the solution requested, proposed or agreed upon in application of Article L. 217-9 cannot be implemented within one month following the buyer's complaint; 2° Or if this solution cannot be implemented without major inconvenience for him, taking into account the nature of the goods and the use he seeks. However, the cancellation of the sale cannot be pronounced if the conformity defect is minor."
Article L. 217-11 : The application of the provisions of Articles L. 217-9 and L. 217-10 shall be free of charge for the buyer. These same provisions do not preclude the award of damages.
Article L. 217-12 : "The action resulting from the conformity defect is time-barred after two years from the delivery of the goods."
Article L. 217-13 : "The provisions of this section do not deprive the buyer of the right to bring an action resulting from redhibitory defects as set forth in Articles 1641 to 1649 of the Civil Code or any other contractual or extra-contractual action recognized by law."
Article L. 217-14 : "The recourse action may be exercised by the final seller against successive sellers or intermediaries and the producer of the tangible movable goods, according to the principles of the Civil Code.
Article L. 217-15 : "The commercial guarantee is understood as any contractual commitment by a professional towards the consumer for the reimbursement of the purchase price, the replacement or repair of the goods or the provision of any other service related to the goods, in addition to their legal obligations to guarantee the conformity of the goods.
The commercial guarantee is subject to a written contract, a copy of which is given to the buyer.
The contract specifies the content of the guarantee, the terms of its implementation, its price, its duration, its territorial scope, and the name and address of the guarantor.
Furthermore, it clearly and precisely states that, independently of the commercial guarantee, the seller remains bound by the legal guarantee of conformity mentioned in articles L. 217-4 to L. 217-12 and that relating to defects in the item sold, under the conditions provided for in articles 1641 to 1648 and 2232 of the Civil Code.
The provisions of articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 as well as article 1641 and the first paragraph of article 1648 of the Civil Code are fully reproduced in the contract.
In the event of non-compliance with these provisions, the guarantee remains valid. The buyer is entitled to rely on it."
Article L. 217-16 : "When the buyer requests from the seller, during the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the remaining duration of the guarantee.
This period runs from the date of the buyer's request for intervention or from the date the goods in question are made available for repair, if this availability is subsequent to the request for intervention."
Civil Code
Article 1641 : "The seller is bound by the warranty against hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish that use that the buyer would not have acquired it, or would have given a lesser price for it, had he known of them."
Article 1648 : "The action resulting from redhibitory defects must be brought by the acquirer within two years from the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, on pain of forfeiture, within one year following the date on which the seller can be discharged of apparent defects or conformity defects."