TERMS OF ONLINE SALE MARIEJEANNE-CBD.COM
Article 1: GENERAL PROVISIONS
These terms of sale constitute a distance sale contract that defines the rights and obligations of the company SAS JEANNETTE (Marie Jeanne / mariejeanne-cbd.com) and of the Customer within the context of the sale of the products advertised on the website www.mariejeanne-cbd.com.
They only concern purchases made by customers in France and delivered on French territory. The regulations applicable to distance selling to consumers residing in other countries may differ from these terms. Therefore, for deliveries outside of France, only the provisions of these terms of sale that do not contradict regulations in the relevant country will apply.
These terms are entered into by and between SAS JEANNETTE (Marie Jeanne / mariejeanne-cbd.com), hereinafter ‘SAS JEANNETTE (Marie Jeanne / mariejeanne-cbd.com)’, and anyone who wishes to make a purchase, hereinafter the ‘Customer’, via the website www.mariejeanne-cbd.com (hereinafter the ‘Website’.
Customers are consumers defined as natural persons, acting for private purposes or for purposes that do not come under the framework of a commercial, industrial, artisanal or liberal activity, who wish to make a purchase on the Website. In accordance with the provisions of article L. 3511-2-1 of the French Public Health Code, SAS JEANNETTE (Marie Jeanne / mariejeanne-cbd.com) promises not to sell electronic vaping devices or their associated refill bottles to minors under the age of eighteen.
The non-enforcement by either of the parties, at any given time, of any of these terms of sale shall not be interpreted as a waiver of the subsequent enforcement of any of the said terms. Should a particular clause of these terms of sale be invalidated, the other terms will remain valid.
The placing of an order implies that the Customer accepts these terms of sale.
These terms of sale may be modified at any time by SAS JEANNETTE (Marie Jeanne / mariejeanne-cbd.com) without notice. These modified terms will apply to all orders placed after the modification was made. SAS JEANNETTE (Marie Jeanne / mariejeanne-cbd.com) may modify certain provisions of its terms of sale occasionally. For this reason, the Customer is advised to reread them before placing a new order.
For any questions or complaints regarding products, your order, your personal data, the right of withdrawal, where waste can be deposited or the application of the product warranty, the Customer may contact the company SAS JEANNETTE (Marie Jeanne / mariejeanne-cbd.com) in the following ways:
By post: SAS JEANNETTE (Marie Jeanne / mariejeanne-cbd.com) 203 route des Camoins 13011 Marseille
By telephone: (+34) (0)9 72 64 00 18
Article 2: WEBSITE - PRODUCTS - AVAILABILITY
All of the content on the Website (illustrations, text, wording, brands, images, videos) is the property of SAS JEANNETTE (Marie Jeanne / mariejeanne-cbd.com). Any full or partial reproduction of the Website is forbidden without prior express consent from SAS JEANNETTE (Marie Jeanne / mariejeanne-cbd.com). The company SAS JEANNETTE (Marie Jeanne / mariejeanne-cbd.com) does not consent to the creation of hyperlinks without express prior agreement.
The products offered for sale by SAS JEANNETTE (Marie Jeanne / mariejeanne-cbd.com) are presented and described so that any consumer may find out the essential characteristics of the products they wish to buy, especially through technical descriptions provided by partners and suppliers and through photographs that illustrate the products.
For this reason, SAS JEANNETTE (Marie Jeanne / mariejeanne-cbd.com) shall not be held liable for any errors that do not affect the product’s essential characteristics.
The photographs, illustrations and texts that appear on the Website are not contractually binding.
All products are sold new. They are offered for sale subject to availability and supply from SAS JEANNETTE’s (Marie Jeanne / mariejeanne-cbd.com) suppliers.
Product availability will be confirmed definitively when the order dispatch confirmation is sent to the Customer via email.
Should any of the products ordered not be available when the Customer’s order is being prepared, SAS JEANNETTE (Marie Jeanne / mariejeanne-cbd.com) agrees to contact the Customer via email as soon as possible after the order date to inform the Customer of how long it will take for this product to be delivered or the Customer may cancel their order.
Should there be no way of supplying a product, the Customer will be asked if they wish to exchange it with another product of equivalent quality, characteristics and price. Otherwise, if the Customer decides to cancel the order for the product concerned, a refund will be made for the unavailable product up to fifteen (15) days after the sum paid by the Customer is received. The refund will be made to the Customer’s bank account/by cheque. Any cancellation of the unavailable product and the resulting refund will not affect the rest of the order, which will remain firm and final.
The electronic vaping devices sold by SAS JEANNETTE (Marie Jeanne / mariejeanne-cbd.com) are defined as electric and electronic equipment under article R. 543-172 and the following articles of the French Environmental Code.
In accordance with article R. 543-180 of the French Environmental Code, when selling electric and electronic equipment, SAS JEANNETTE (Marie Jeanne / mariejeanne-cbd.com) promises to take back used electric and electronic equipment of which the Customer wishes to dispose or to have it taken back on their behalf, within the limit of the quantity and type of equipment sold, through the following methods:
- If the equipment sold is picked up from the point of sale: the used equipment will be taken back at the point of sale;
- If the equipment sold is delivered to the point of use: the used equipment will be taken back at the point of delivery;
- If the equipment is delivered elsewhere or via a different method:
- the used equipment will be taken back at the point of delivery or
- there will be a local collection system that SAS JEANNETTE (Marie Jeanne / mariejeanne-cbd.com) funds and organises or has organised on its behalf or
- a used equipment return solution via a postal service or equivalent service will be put into place for the electric and electronic equipment suitable for this type of solution
SAS JEANNETTE (Marie Jeanne / mariejeanne-cbd.com) hereby informs the Customer that they must not mix electric and electronic equipment waste with non-sorted household waste.
SAS JEANNETTE (Marie Jeanne / mariejeanne-cbd.com) hereby informs the Customer:
- Of the potential effects of dangerous substances present in electric and electronic equipment on the environment and on human health
- Of the importance of preventing waste production, especially by reusing electric and electronic equipment
- Of the respective roles of those involved in the reuse, repair and recycling of electric and electronic equipment and in other ways of repurposing electric and electronic equipment waste
- Of the meaning of the symbol mentioned in article R. 543-177
Batteries sold separately by SAS JEANNETTE (Marie Jeanne / mariejeanne-cbd.com) are defined as portable accumulators under article R. 543-124 and the following articles of the French Environmental Code. In accordance with article R. 543-128-1 of the French Environmental Code, SAS JEANNETTE (Marie Jeanne / mariejeanne-cbd.com) promises to collect used batteries and portable accumulators from users, of the same type as those it sells, free of charge and with no obligation to buy new batteries or accumulators.
Article 3: ORDERS
When entering the Website, the Customer declares that they have the legal capacity to enter into this contract, meaning that they are of legal age and not under tutorship or guardianship.
The Customer will place their order in accordance with the indications provided on the Website. They promise to fill in the required fields of the registration and order forms with complete, accurate information. In any case, the Customer is responsible for the information they enter in the registration form and when placing an order. In the event of an error, SAS JEANNETTE (Marie Jeanne / mariejeanne-cbd.com) shall not be held responsible for any non-fulfilment or delays in the delivery of the products and services (wrong address, name, etc.)
The stages of the purchase process on the Website are as follows:
- The Customer selects their products
- The Customer chooses their desired quantity of products then clicks on the ‘Buy’ button
- The Customer then clicks on ‘My basket’ and confirms their order by clicking on ‘Place my order’
- If the Customer is registered, they must log in by entering their user name and password
- If the Customer is not yet registered, they must create an account
- The Customer then chooses their delivery and billing addresses
- The Customer chooses a delivery method and is made aware of delivery costs. They then accept these terms of sale and acknowledge that they are of legal age and authorised by their country’s legislation to buy products that contain nicotine
- The Customer clicks ‘Next’
- The Customer chooses their payment method, proceeds to the payment stage then confirms their order by clicking on ‘Back to site’
When SAS JEANNETTE (Marie Jeanne / mariejeanne-cbd.com) receives the order and payment for the order, the distance selling contract entered into by SAS JEANNETTE (Marie Jeanne / mariejeanne-cbd.com) is made firm and final. Once the order is confirmed, the Customer may print out a summary of their order, which they will receive via email, accompanied with a form to use should they wish to exercise their right of withdrawal. This document must be retained, as it constitutes proof of the Customer’s order and the contract binding the parties.
In any case, SAS JEANNETTE (Marie Jeanne / mariejeanne-cbd.com) reserves the right not to satisfy any Customer request that derogates from the generally applicable rules of law and from the terms and conditions or should the Customer fail to keep up with their obligations to SAS JEANNETTE (Marie Jeanne / mariejeanne-cbd.com).
Any order placed on the Website will be automatically cancelled after fifteen (15) calendar days if payment is not received.
Article 4: PRICE and PAYMENT
The sale price of the products advertised on the Website is indicated in euros with all taxes included, excluding transport fees.
In any case, the total price is indicated at the end of the order process, before the order is placed. The price charged to the Customer is the price specified on the order confirmation, including the price of the products including taxes and any transport costs.
Transport fees are indicated on the following page:
The fees are defined according to the transport method, the total amount of the order and the destination.
SAS JEANNETTE (Marie Jeanne / mariejeanne-cbd.com) reserves the right to modify its sale prices at any time. However, no modification made after the order is placed will be applied. The price applicable to the products ordered is the one that appears on the Website on the day the order is placed.
Orders are payable in euros, in full and upfront. Under no circumstances shall the sums paid be considered down payments or instalments.
Payment must be made:
- by bank card on SAS JEANNETTE’s (Marie Jeanne / mariejeanne-cbd.com) financial partner’s website
- by bank transfer
For all payment methods, the total amount of the order will be charged when the order is confirmed.
Once payment has been confirmed, the Customer will receive confirmation of the order via email, accompanied by an invoice.
The products remain the exclusive property of SAS JEANNETTE (Marie Jeanne / mariejeanne-cbd.com) until all sums due as part of the Customer’s order are paid in full.
Article 5: DELIVERY – RECEPTION – USE OF PRODUCTS
Deliveries will be made to Metropolitan France, French overseas territories and the countries indicated at the following address: https://mariejeanne-cbd.com/content/1-livraison. Outside this geographical area, deliveries may exceptionally be made, under express agreement from SAS JEANNETTE (Marie Jeanne / mariejeanne-cbd.com).
Delivery is made to the address provided by the Customer during the order process.
The delivery is said to have been completed by (Marie Jeanne / mariejeanne-cbd.com) when the ordered products are passed on from the carrier to the Customer. At this time, the risks linked to the products are immediately transferred to the Customer.
The transport service will be provided by a third-party company. The Customer agrees to sign the product delivery note. Should the Customer be absent upon delivery, they will have 15 working days, starting from when the attempted delivery notice is left, to pick up the package from the carrier or from the Customer’s chosen pick-up point. In any case, the Customer will be informed as soon as possible when the products are available to be picked up.
Any package sent back to SAS JEANNETTE (Marie Jeanne / mariejeanne-cbd.com) due to an incorrect or incomplete delivery address, or because the Customer has not picked it up from the carrier or pick-up point in the time indicated in the above paragraph, will be reshipped at the Customer’s expense.
As far as possible, deliveries are made within the guide times detailed on the Website, depending on the chosen delivery method, starting from reception of the order dispatch confirmation email. Should a delay be predicted, SAS JEANNETTE (Marie Jeanne / mariejeanne-cbd.com) will inform the Customer as soon as possible via email and will provide an estimate of the extra time required to make the delivery.
For this purpose, the Customer may consult the average delivery times at the following address: https://mariejeanne-cbd.com/content/1-livraison
In any case, SAS JEANNETTE (Marie Jeanne / mariejeanne-cbd.com) commits to delivering the Customer’s order within a maximum of 30 days from the order confirmation or, in the event of payment by cheque, from when the sums due are cashed.
Should this limit be exceeded, unless there is a case of force majeure, the Customer may terminate the contract via registered letter with acknowledgement of receipt or in writing via any other durable medium if, after instructing SAS JEANNETTE (Marie Jeanne / mariejeanne-cbd.com) to make the delivery, the delivery is not made in the required period.
The contract is considered terminated when SAS JEANNETTE (Marie Jeanne / mariejeanne-cbd.com) receives the letter or message notifying of this termination, unless SAS JEANNETTE (Marie Jeanne / mariejeanne-cbd.com) has fulfilled the delivery in the meantime.
When the contract is terminated under the conditions detailed above, SAS JEANNETTE (Marie Jeanne / mariejeanne-cbd.com) must refund the Customer the entire sum paid within 14 days of the date on which the contract was terminated. The sum paid by the Customer will be increased by 10% as of right if the refund is made up to 30 days after this deadline, by 20% up to 60 days and 50% beyond that.
After dispatching the order, SAS JEANNETTE (Marie Jeanne / mariejeanne-cbd.com) provides the Customer with a tracking number so that they can track their package’s shipping status.
It is the Customer’s responsibility to check the state of the packaging and products and the number of products upon delivery. This check is considered to have been made when the Customer, or a representative authorised by the Customer, signs the delivery note.
In the event of a dispute, damage to the product during transport, spoiling, missing items or a delay, it is the Customer’s responsibility to note down their reservations clearly and precisely on the carrier’s delivery note. The Customer must confirm and back up these reservations with the carrier via registered letter with acknowledgement of receipt within three (3) days, excluding public holidays, following delivery of the products.
Without prejudice to the provisions to follow in terms of the carrier, complaints regarding apparent defects with the delivered products or their non-compliance must be directed to SAS JEANNETTE (Marie Jeanne / mariejeanne-cbd.com) in writing as soon as possible after product delivery or pick-up. It is the Customer’s responsibility to provide proof of the defects or anomalies found by sending SAS JEANNETTE (Marie Jeanne / mariejeanne-cbd.com):
- a photocopy of the letter addressed to the carrier detailing the reservations;
- and a photocopy of the delivery note mentioning the reservations.
Any complaint made late may not be taken into account.
It is expressly agreed that notes such as ‘subject to unpacking’ do not constitute a reservation for the purposes of this article.
In any case, SAS JEANNETTE (Marie Jeanne / mariejeanne-cbd.com) shall not be held responsible for any delay in delivery or non-delivery caused by force majeure or an error made by the Customer.
In all cases, the Customer is entirely responsible for their use of the products. Under these terms, the Customer is obliged to keep the product in good condition and to use it in accordance with its purpose, while respecting applicable regulations and instructions provided by SAS JEANNETTE (Marie Jeanne / mariejeanne-cbd.com) and by the company’s suppliers. In this respect, the Customer is advised not to modify the product or install accessories, extra parts or any other non-compliant devices on the product. Under no circumstances shall SAS JEANNETTE (Marie Jeanne / mariejeanne-cbd.com) be held responsible for any defects or damage in the delivered products following abnormal or non-compliant use of the products after they are delivered.
Article 6: LEGAL WARRANTIES
The company SAS JEANNETTE (Marie Jeanne / mariejeanne-cbd.com), with registered office at 203 route des Camoins 13011 Marseille, registered in the Marseille Trade and Companies Register under number 832 927 560, guarantees the goods’ conformity with the contract. The Customer may therefore formulate a legal conformity warranty claim, provided for in article L. 211-4 and the following articles of the French Consumer Code, or a warranty against defects claim, under article 1641 and the following articles of the French Civil Code.
The seller is responsible for the products’ conformity with the contract under the terms of article L. 211-4 and the following articles of the French Consumer Code and for latent defects in the products according to the terms of article 1641 and the following articles of the French Civil Code.
When acting in accordance with the legal conformity warranty, the Customer:
- may act within two years of delivery of the product;
- may choose between repair or replacement of the product, subject to price conditions provided for by article L. 211-9 of the French Consumer Code;
- is exempt from having to provide proof of the existence of the conformity defect with the product for 6 months following delivery of the product. This period is extended to 24 months as of 18 March 2016, except for second-hand goods.
The legal conformity warranty applies regardless of any commercial warranty granted.
The Customer may decide to use the latent defect warranty as provided for in article 1641 of the French Civil Code. In this case, the Customer may choose between the termination of the sale or a reduction in the sale price, in accordance with article 1644 of the French Civil Code.
Article 7: RETURNS, responsibility and warranties
Without prejudice to any reservations notified to the carrier, complaints regarding apparent defects with the delivered products or their non-conformity must be directed to SAS JEANNETTE (Marie Jeanne / mariejeanne-cbd.com) in writing within 8 (eight) days of the products being received.
Unless the complaint is made within 6 (six) months of the products being delivered, the Customer must provide proof of the defects or anomalies they have found. The Customer should grant SAS JEANNETTE (Marie Jeanne / mariejeanne-cbd.com) every facility for proceeding to verify these defects or anomalies.
Any product return must be subject to express agreement from SAS JEANNETTE (Marie Jeanne / mariejeanne-cbd.com). The products must be returned in perfect condition in their original packaging with all accessories (including instructions).
The return may lead to a replacement or a refund for the Customer, subject to a qualitative and quantitative check of the returned products. If the non-conformity is not found, the shipping and return will be at the Customer’s risk and expense.
When SAS JEANNETTE (Marie Jeanne / mariejeanne-cbd.com) is responsible for a defect, the repair only applies to direct, personal, certain damage suffered by the Customer. In any case, the amount of the damages and interest SAS JEANNETTE (Marie Jeanne / mariejeanne-cbd.com) may be required to pay the Customer in the aforementioned conditions is limited to the total amount of the order for the products concerned.
Under no circumstances shall SAS JEANNETTE (Marie Jeanne / mariejeanne-cbd.com) accept responsibility for the Customer’s choice of products or for damage following modifications made to the products or resulting from non-compliance with the recommendations for use of the products.
SAS JEANNETTE (Marie Jeanne / mariejeanne-cbd.com) shall not be held responsible for any temporary or permanent damage caused to the Customer’s computer system or for any loss or damage suffered following access to or browsing on the Website. Data transfer over the internet may cause errors to occur or the Website to be unavailable occasionally. Therefore, SAS JEANNETTE (Marie Jeanne / mariejeanne-cbd.com) shall not be held responsible for the availability of the online service or any interruptions to it.
Batteries are under warranty for 3 months, mods 6 months, clearomisers 1 month, rebuildable atomisers 2 months and chargers 1 month. E-liquids cannot be returned or exchanged. All other accessories come with a 1-month warranty.
The series number present on the packaging box is required to return a Wismec box.
For Surric boxes over 15 days old, only repairs will be offered and may take 4–5 weeks.
Any item purchased via a voucher or discount coupon shall only be refunded in the same format.
Article 8: FORCE MAJEURE
Should a case of force majeure prevent SAS JEANNETTE (Marie Jeanne / mariejeanne-cbd.com) from fulfilling its obligations, the contract will be suspended immediately, as soon as one of the parties indicates this via any means. Likewise, the concerned party will inform the other when the force majeure event has ended, on which date the contract will come back into effect. ‘Force majeure’ means any event that renders the fulfilment of an obligation impossible or obviously more difficult due to the unpredictable, unpreventable or external nature of the event, such as wars, riots, fires, floods, total or partial strikes, blockages of road or other transport networks, disruptions in energy supply (EDF, GDF, fuel, etc.), blockages of telecommunications or computer networks, changes in regulations, delays or non-performance by external partners such as suppliers or subcontractors, and any other event considered a case of force majeure by legislation or case law.
If such an event lasts longer than fifteen (15) days after the notification date, the contract will be considered terminated as of right. The sums received by SAS JEANNETTE (Marie Jeanne / mariejeanne-cbd.com) before this date will be refunded to the Customer.
Article 9: Customer’s obligations
The Customer agrees to provide SAS JEANNETTE (Marie Jeanne / mariejeanne-cbd.com) with all the elements necessary for the order to be fulfilled correctly. For this reason, the Customer remains responsible for the contents and the accuracy of the information they send to SAS JEANNETTE (Marie Jeanne / mariejeanne-cbd.com), especially regarding their age.
The Customer is entirely responsible for their use of the products. Under these terms, the Customer is obliged to keep the product in good condition and to use it in accordance with its purpose, while respecting the instructions provided by SAS JEANNETTE (Marie Jeanne / mariejeanne-cbd.com) and by the company’s suppliers.
Article 10: RIGHT OF WITHDRAWAL
In accordance with article L. 121-21 of the French Consumer Code, the Customer has a withdrawal period of fourteen (14) calendar days starting from the date on which the ordered products are received.
In the case of an order composed of several products delivered separately or an order for a product made up of multiple bundles or pieces with delivery spread out over a definite period, this period starts on the date the last product, bundle or piece is received.
Nevertheless, in accordance with article L. 121-21-8 of the French Consumer Code:
‘The right of withdrawal cannot be exercised in respect of the following:
4 Supply contracts for goods that are likely to deteriorate or become outdated quickly;
5 Supply contracts for goods unsealed by the consumer after delivery that cannot be sent back for hygiene or health protection reasons;
6 Supply contracts for goods that by their very nature, having been delivered, have been irreversibly mixed with other products;’
To exercise the right of withdrawal, the Customer must send a registered letter with acknowledgement of receipt to SAS JEANNETTE (Marie Jeanne / mariejeanne-cbd.com) in which they declare that they wish to exercise this right or return the withdrawal form to the address mentioned herein within the aforementioned period.
The Customer must return the unused products in perfect condition in their original packaging, with no marks and with all labels, accessories and promotional gifts to the address mentioned herein within fourteen (14) days of declaring their decision to withdraw.
The Customer must return the product with a copy of the invoice, along with the fully completed withdrawal form. Only the return costs are payable by the Customer. If the conditions required for product returns are not fulfilled, SAS JEANNETTE (Marie Jeanne / mariejeanne-cbd.com) may deduct a percentage of the product sale price corresponding to the sale price of any missing elements from the sum to be refunded.
SAS JEANNETTE (Marie Jeanne / mariejeanne-cbd.com) promises to refund the Customer within fourteen (14) days of receiving the registered letter specifying the Customer’s intent to withdraw or the template form. Nevertheless, SAS JEANNETTE (Marie Jeanne / mariejeanne-cbd.com) has the right to delay this refund until the goods are returned or until the Customer provides proof that these goods have been sent back, whichever comes first.
SAS JEANNETTE (Marie Jeanne / mariejeanne-cbd.com) will carry out this refund via the same payment method as the one used by the Customer for the initial transaction, unless the Customer expressly agrees to another payment method being used and as long as the refund does not incur any fees for the Customer.
Article 11: RETENTION OF TITLE
Products sold by SAS JEANNETTE (Marie Jeanne / mariejeanne-cbd.com) to its Customers remain the company’s property until the Customer has paid for the product, fees, interest and accessories in full. Nevertheless, all risks are transferred to the Customer from the time they receive the products.
In the event of a default on payment, without losing any of its rights, SAS JEANNETTE (Marie Jeanne / mariejeanne-cbd.com) may send the Customer a registered letter with acknowledgement of receipt stating that the Customer must return the products at their own expense and risk. The Customer must also pay any legal or judicial fees.
Article 12: INFORMATION TECHNOLOGY AND FREEDOMS
SAS JEANNETTE (Marie Jeanne / mariejeanne-cbd.com) collects, records, transforms, uses and transfers Customers’ personal data within the context of processing orders, maintaining Customer relations, offering advice and services for Customers and maintaining the commercial interests of SAS JEANNETTE (Marie Jeanne / mariejeanne-cbd.com), especially in terms of keeping evidence. As far as is necessary to fulfil its obligations, SAS JEANNETTE (Marie Jeanne / mariejeanne-cbd.com) will transfer personal data to third parties, such as carriers.
The Customer may exercise the right to access, modify, rectify and erase data concerning them in accordance with French law no. 78-17 on ‘information technology and freedoms’ of 6 January 1978. To exercise these rights, the Customer must contact SAS JEANNETTE (Marie Jeanne / mariejeanne-cbd.com) via the contact details included herein.
In any event, the Customer may object to the use of their personal data. The use of personal data for purposes other than those indicated will only be possible with the Customer’s express agreement.
Article 13: APPLICABLE LAW
The Parties agree that these terms and conditions and their consequences are subject to French law. The original language of these terms and conditions and the language for communication between the Parties is French.
Article 14: DISPUTE RESOLUTION
The Customer declares that they have been informed by SAS JEANNETTE (Marie Jeanne / mariejeanne-cbd.com) of the possibility of seeking a conventional mediation procedure or any alternative means of conflict resolution in the event of a dispute.
The Customer may submit any dispute with our company to the Consumer Ombudsman. Pending their nomination, SAS JEANNETTE (Marie Jeanne / mariejeanne-cbd.com) provides the following link: http://www.economie.gouv.fr/mediation-conso/des-mediateurs-pour-chaque-litige.
Should the consumer dispute mediation procedure fail, or should the Customer not wish to resort to this procedure, the Parties will be free to submit the dispute to the competent courts.
Article 15: MANDATORY PARTICULARS FOR CUSTOMERS
In accordance with article L. 211-15 of the French Consumer Code, here follows articles L. 211-4, L. 211-5 and L. 211-12 of the French Consumer Code, as well as article 1641 and the first paragraph of article 1648 of the French Civil Code. The Customer expressly declares that they are aware of these provisions when placing their order.
Article L. 211-4 of the French Consumer Code
The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery.
He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefor or had it carried out under his responsibility.
Article L. 211-5 of the French Consumer Code
To conform to the contract, the product must:
1. Be suitable for the purpose usually associated with such a product and, if applicable:
- correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;
- have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling;
2. Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.
Article L. 211-12 of the French Consumer Code
Action resulting from lack of conformity lapses two years after delivery of the product.
Article 1641 of the French Civil Code
A seller is bound to a warranty on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them.
Article 1648, paragraph 1 of the French Civil Code
The action resulting from redhibitory vices must be brought by the buyer within a period of two years following the discovery of the vice.