General terms and conditions of sale

General terms and conditions of sale

online products to individual consumers

 Preamble

These general terms and conditions of sale apply to all sales concluded on the https://sunergy220.fr/ website.

The websitehttps://sunergy220.fr/ is a service of :

• CIDE, a EURL with capital of 7,700 euros
• Head office: 24 rue des Aloès
  66270 Le Soler
  France
• uRL address of the site : https://sunergy220.fr/
• e-mail : contact@sunergy220.fr
• telephone number : 01 60 04 01 89
• registered with the RCS of Paris N° siret 441 208 105 00045

The websitehttps://sunergy220.fr/ sells the following products: DIY products.

The customer declares that he/she has read and accepted the general terms and conditions of sale prior to placing his/her order. Validation of the order therefore implies acceptance of the general terms and conditions of sale.

Article 1 - Principles

These general terms and conditions express the entirety of the obligations of the parties. The buyer is therefore deemed to accept them without reservation.

These general terms and conditions of sale apply to the exclusion of all other terms and conditions, in particular those applicable to in-store sales or sales via other distribution and marketing channels.

They are available on the websitehttps://sunergy220.fr/ and shall prevail, where applicable, over any other version or any other contradictory document.

The seller and the buyer agree that these general terms and conditions govern their relationship exclusively. The seller reserves the right to modify its general terms and conditions from time to time. They will be applicable as soon as they are put online.

If a condition of sale is lacking, it will be considered to be governed by the practices in force in the distance selling sector whose companies are based in France.

These general terms and conditions of sale are valid until 31 December 2030.

 Article 2 - Content

 The purpose of these general terms and 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 following websitehttps://sunergy220.fr/.

These terms and conditions apply only to purchases made on thehttps://sunergy220.fr/ and delivered exclusively in mainland France. For deliveries to French overseas departments and territories or abroad, please send a message to the following e-mail address: contact@sunergy220.fr.

These purchases concern the following products: DIY products.

Article 3 - Pre-contractual information

Prior to placing an order and entering into a contract, the buyer acknowledges having been informed, in a legible and comprehensible manner, of these general terms and conditions of sale and of all the information listed in article L. 221-5 of the French Consumer Code.

The buyer will be provided with the following information in a clear and comprehensible manner:

- the essential characteristics of the property ;

- the price of the goods and/or the method of calculating the price ;

- where applicable, any additional transport, delivery or postage costs and any other charges payable ;

- in the absence of immediate performance of the contract, the date or period within which the seller undertakes to deliver the goods, regardless of the price ;

- information relating to the identity of the seller, its postal, telephone and electronic contact details, and its activities, information relating to legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence and terms of implementation of guarantees and other contractual conditions.

Article 4 - The order

LHe buyer may place an order online, using the online catalogue and the form provided, for any product while stocks last.

The buyer will be informed of any unavailability of the product or good ordered.

For the order to be validated, the buyer must accept these general terms and conditions by clicking where indicated. 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 acceptance of the order by e-mail ;

- and after full payment has been received by the seller.

Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will be dealt with in the context of a possible exchange and the guarantees mentioned below.

In certain cases, notably non-payment, incorrect address or other problem with the buyer's account, the seller reserves the right to block the buyer's order until the problem has been resolved.

For any questions relating to the tracking of an order, the buyer may call the following telephone number: 0160040189 (cost of a local call), on the following days and at the following times: Monday to Friday, 9am to 5pm, or send an e-mail to the seller at the following e-mail address: contact@sunergy220.fr

Article 5 - Electronic signature

 The online provision of the purchaser's bank card number and the final validation of the order shall constitute proof of the purchaser's agreement:

- payment of sums due under the purchase order ;

- signature and express acceptance of all transactions carried out.

In the event of fraudulent use of the bank card, the purchaser is invited, as soon as this is discovered, to contact the seller on the following telephone number: 0160040189.

Article 6 - Order confirmation

 The seller will provide the buyer with an order confirmation by e-mail.

Article 7 - Proof of transaction

 Computerised 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. Order forms and invoices are archived on a reliable and durable medium that can be produced as proof.

Article 8 - Product information

 The products governed by these terms and conditions are those which appear on the seller's website and which are indicated as sold and dispatched by the seller. They are offered while stocks last.

The products are described and presented as accurately as possible. However, the seller cannot be held liable for any errors or omissions in this presentation.

Product photographs are not contractually binding.

Article 9 - Prices

 The seller reserves the right to change its prices at any time, but undertakes to apply the prices in force at the time the order is placed, subject to availability on that date.

Prices are given in euros. They do not include delivery charges, which are invoiced 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 reflected in the price of the products in the online shop.

If one or more taxes or contributions, in particular environmental taxes, are created or modified, either upwards or downwards, this change may be reflected in the selling price of the products.

Article 10 - Method of payment

 This is an order with a payment obligation, which means that placing the order implies payment by the buyer.

In order to pay for their order, purchasers may choose from all the methods of payment made available by the vendor and listed on the vendor's website. The purchaser guarantees the seller that he/she has the necessary authorisations to use the method of payment chosen by him/her when validating the order form. The seller reserves the right to suspend any order processing and any delivery in the event of refusal to authorise payment by bank card by the officially accredited bodies or in the event of non-payment. In particular, the seller reserves the right to refuse to make a delivery or to honour an order from a buyer who has not paid in full or in part for a previous order or with whom a payment dispute is in progress.

The price must be paid in full on the day the order is placed, in accordance with the following terms and conditions:

- credit card

- paypal

- cheque

- transfer

"3X 4X WITH CHARGES
Payment of your order in 3 or 4 instalments by credit card from €100 upwards
3,000 with Oney Bank.
Our partner Oney Bank offers you a financing solution called 3x 4x
Oney, which allows you to pay for purchases from €100 to €3000 in 3 or 4 instalments using your card
banking.
Conditions: This offer is reserved for private individuals (over 18 years of age)
residing in France and holding a Visa or MasterCard bank card with a valid
longer validity date
The duration of the financing chosen. In particular, systematic authorisation cards
electron, Maestro, Nickel etc... as well as e-cards, Indigo and American cards
Express are not accepted.
How to subscribe: Once you have completed your order, simply click
on the "3x 4x Oney payment by credit card" button.
You will then be redirected to our partner's 3x 4x Oney web page displaying the
detailed summary of your order and the personalised financing request, which
then confirm.
Enter your personal details or, if you have a 3x 4x Oney account,
identify yourself using the login details for your 3x 4x Oney account.
You have read the general terms and conditions of payment in instalments
to which you wish to subscribe which are provided to you in PDF format so that you can
can read, print and save them before accepting them. You then notify
your electronic acceptance by ticking the corresponding box.
You acknowledge that the "double click" associated with the tick box on the
knowledge of the general terms and conditions constitutes consent to enter into a contract and constitutes
irrevocable and unreserved acceptance of the general terms and conditions of the product.
In the absence of proof to the contrary, the data recorded by Oney Bank constitutes proof of
all transactions between you and Oney Bank.
If you ask to take advantage of a financing solution offered by Oney Bank, the following conditions apply
information relating to your order will be passed on to Oney Bank, which will use it for the following purposes
For the purposes of examining your application for the granting, management and collection of credit.
Oney Bank reserves the right to accept or refuse your request for financing by
3x 4x Oney. You have 14 days in which to cancel your credit.
How does it work? Payment in 3 or 4 instalments by bank card allows you to pay for the
orders placed on our merchant site as follows
- a compulsory contribution, debited on the day of confirmation of dispatch of your
order corresponding to one third or one quarter of the order, to which
a fee corresponding to 1.45% of the total amount of the order is added
3 times and 2.2% for 4 times (up to a maximum of €15)
maximum for payment in 3 instalments and €30 maximum for payment in 4 instalments) ;
- two or three monthly instalments, each corresponding to one-third or one-quarter of the purchase price
of the order, debited 30 and 60 days later for the 3 instalments and 30, 60 days later for the 3 instalments
and 90 days later for the 4 times.
● Payment in 3 instalments from €100 up to €3,000
Example: For a purchase of €150, deposit of €52.18 then 2 monthly instalments
of €50.
2-month loan at a fixed APR of 19.31%. Cost of financing: €2.18 in the
limit of €15.
● Payment in 4 instalments from £100 up to £3,000
Example: For a purchase of €400, deposit of €108.80 then 3 monthly payments of €100.
3-month loan at a fixed APR of 19.61%. Cost of financing: €8.80 up to a maximum of €30
maximum.
Oney Bank - SA with capital of €51,286,585 - Registered office: 34 avenue de Flandre 59170 CROIX
- RCS Lille Métropole 546 380 197 - Orias n°: 07 023 261 - www.orias.fr - Correspondence : CS
60006 - 59 895 Lille Cedex 9 - France www.oney.fr "

Article 11 - Product availability - Refunds - Rescission

 Except in cases of force majeure or during periods when the online shop is closed, which will be clearly announced on the home page of the site, the delivery times will be, within the limit of available stocks, those indicated below. Delivery times run from the order registration date indicated on the order confirmation email.

For deliveries in mainland France, the delivery time is 2 to 15 days from the day following the day on which the buyer placed the order, using the following methods: Chronopost if less than 30 kg, Géodis if more than 30 kg. At the latest, the deadline will be 30 working days after the conclusion of the contract.

For deliveries to French overseas departments and territories or to another country, delivery terms will be specified to the buyer on a case-by-case basis.

If the agreed delivery date or deadline is not met, the purchaser must, before terminating the contract, require the seller to perform within a reasonable additional period.

If no performance has been made by the end of this new period, the buyer is free to terminate the contract.

The purchaser must complete these successive formalities by registered letter with acknowledgement of receipt or in writing on another durable medium.

The contract will be deemed to have been terminated on receipt by the seller of the letter or writing informing him of this termination, unless the professional has performed in the meantime.

The purchaser may, however, cancel the contract immediately if the dates or deadlines referred to above constitute an essential condition of the contract for him.

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 of the date on which the contract was terminated.

If the product ordered is unavailable, the buyer will be informed as soon as possible and will have the option of cancelling the order. The buyer will then have the choice of requesting either a refund of the sums paid within 14 days of their payment, or an exchange of the product.

Article 12 - Delivery terms

 Delivery means the transfer to the consumer of physical possession or control of the goods. The products ordered are delivered in accordance with the terms and conditions and within the period specified above.

Products are delivered to the address indicated by the purchaser on the order form, and the purchaser must ensure that this address is correct. Any parcel returned to the seller because of an incorrect or incomplete delivery address will be re-sent at the buyer's expense. The purchaser may, at his/her request, have an invoice sent to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.

If the buyer is absent on the day of delivery, the deliveryman will leave a delivery notice in the letterbox, which will allow the parcel to be collected at the place and time indicated.

If, at the time of delivery, the original packaging is damaged, torn or open, the buyer must check the condition of the items. If they have been damaged, the buyer must refuse the parcel and note a reservation on the delivery note (parcel refused because opened or damaged).

The purchaser must indicate on the delivery note and in the form of handwritten reservations accompanied by his/her signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged parcel, broken products, etc.).

This verification is considered to have been carried out once the purchaser, or a person authorised by the purchaser, has signed the delivery note.

The buyer must then confirm these reservations to the carrier by registered mail within 3 working days of receiving the item(s) at the latest, and send a copy of this letter by fax or ordinary mail to the seller at the address indicated in the legal notices on the site.

If the products need to be returned to the seller, a request for their return must be made to the seller within 14 days of delivery. Any claim made outside this period will not be accepted. Products may only be returned in their original condition (packaging, accessories, instructions, etc.).

Article 13 - Delivery errors

 The purchaser must notify the seller on the day of delivery, or at the latest within 3 working days following delivery, of any claim of error of delivery and/or non-conformity of the products in kind or in quality in relation to the information given on the order form. Any claim made after this deadline will be rejected.

The claim may be made, at the buyer's option :

- by telephone on the following number01 60 04 01 89;

- by e-mail to the following address: contact@sunergy220.fr.

Any claim not made in accordance with the rules set out above and within the time limits set will not be taken into account and will release the seller from all liability towards the buyer.

On receipt of the complaint, the seller will allocate an exchange number for the product(s) concerned and will communicate this by e-mail to the buyer. A product can only be exchanged once the exchange number has been allocated.

In the event of a delivery error or exchange, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging, by registered Colissimo, to the following address:

24 rue des Aloès
66270 Le Soler
France.

Return postage is at the seller's expense.

Article 15 - Right of withdrawal

 Application of the right of withdrawal

In accordance with the provisions of the French Consumer Code, the buyer has a period of 14 days from the date of delivery of his/her order to return any item that does not suit him/her and request an exchange or refund without penalty, with the exception of the return costs, which remain payable by the buyer.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be remarketed as new, accompanied by the purchase invoice.

Damaged, soiled or incomplete products cannot be taken back.

The right of withdrawal may be exercised online, using the withdrawal form available on this website. In this case, an acknowledgement of receipt on a durable medium will be sent immediately to the purchaser. Any other method of declaring withdrawal is accepted. It must be unambiguous and express the wish to withdraw.

If the right of withdrawal is exercised within the aforementioned period, the price of the product(s) purchased and the delivery costs will be reimbursed.

The cost of returning the goods shall be borne by the purchaser.

The exchange (subject to availability) or refund will be made within 48 hours, and at the latest, within 14 days of receipt by the seller of the products returned by the buyer under the conditions set out above.

Exceptions

Under Article L221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for contracts :
- the supply of goods whose price depends on fluctuations in the financial market outside the trader's control and which may occur during the withdrawal period ;

- the supply of goods made to the consumer's specifications or clearly personalised ;

- the supply of goods liable to deteriorate or expire rapidly ;
- the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection ;
- the supply of goods which, after delivery and by their nature, are inseparably mixed with other items ;
- the supply of alcoholic beverages where delivery is deferred for more than thirty days and where the value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the trader ;
- maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by the consumer, within the limit of the spare parts and work strictly necessary to respond to the emergency ;
- the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery ;
- the supply of a newspaper, periodical or magazine, except for subscription contracts for these publications ;
- the supply of digital content not provided on a tangible medium, where performance has begun after the consumer has given his express prior consent and expressly waived his right of withdrawal.

Article 16 - Force majeure

 Any circumstances beyond the control of the parties preventing the performance of their obligations under normal conditions shall be considered as grounds for exoneration from the parties' obligations and shall result in their suspension.

The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.

Force majeure" means any irresistible event or circumstance that is external to the parties, unforeseeable, unavoidable, beyond the control of the parties and which cannot be prevented by the parties, despite all reasonable efforts to do so. The following are expressly considered to be cases of force majeure or fortuitous events, in addition to those usually accepted by the case law of French courts and tribunals: blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning, stoppage of telecommunications networks or difficulties specific to telecommunications networks external to customers.

The parties will meet to examine the impact of the event and agree the conditions under which performance of the contract will continue. If the case of force majeure lasts for more than three months, these general terms and conditions may be terminated by the injured party.

Article 17 - Intellectual property

 The content of the website remains the property of the seller, who alone holds the intellectual property rights to this content.

Purchasers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

Article 18 - Data protection

 The nominative data supplied by the purchaser is necessary for the processing of his/her order and the preparation 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 websitehttps://sunergy220.fr/ has been declared to the CNIL.

The purchaser has a permanent right of access, modification, rectification and opposition with regard to information concerning him or her. This right may be exercised under the conditions and according to the procedures defined on the site https://sunergy220.fr/.

Article 19 - Partial non-validation

 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, regulation or following a final decision by a competent court, the other stipulations will retain all their force and scope.

Article 20 - Non-waiver

 The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations referred to in these general terms and conditions shall not be interpreted for the future as a waiver of the obligation in question.

Article 21 - Title

 In the event of any difficulty of interpretation between any of the headings appearing at the beginning of the clauses and any of the clauses, the headings will be declared non-existent.

Article 22 - Language of the contract

 These general terms and conditions of sale are written in French. Should they be translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.

Article 23 - Mediation and settlement of disputes

In the event of an unsatisfied complaint, the customer must notify our company in writing !
They can send their request to our management by post or by e-mail to our usual addresses*:
* Postal address:

24 rue des Aloès
66270 Le Soler
France
* Mail contact: contact@sunergy220.fr 
               
❶ Our company will endeavour, barring any particular difficulties, to process any proven request within a maximum of 3 weeks.

❷ In accordance with article L.612-1 of the French Consumer Code, our company has set up a mediation system:
If the commercial dispute remains unresolved for more than 2 months,
You can contact the Consumer Ombudsman as follows:
- Information and digital submission (by form) of mediation requests: www.mediateurconso-bfc.fr
- Applications should be sent by post to: C&C-Médiation / 37 rue des Chênes - 25480 MISEREY-SALINES.
❸ In the event of necessity, the parties shall retain the right to bring the matter before the competent court.

Article 24 - Applicable law

These terms and conditions are governed by French law. The competent court is the court of law.

This applies to both substantive and formal rules. In the event of a dispute or claim, the buyer should first contact the seller to obtain an amicable solution.

Article 25 - Protection of personal data

Data collected

The following personal data are collected on this site:

- opening an account :when the user's account is created, their surname, first name, e-mail address, telephone number and postal address;

- connection :when the user connects to the website, it records, in particular, his/her surname, first name, connection data, usage data, location data and payment data ;

- profile :using the services provided on the website allows you to fill in a profile, which may include an address and telephone number ;

- payment :when paying for products and services offered on the website, the website 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 relating to the user's communications is stored temporarily ;

- cookies :Cookies are used to use the site. Users can deactivate cookies using their browser settings.

Use of personal data

The personal data collected from users is used to provide and improve website services and to maintain a secure environment. More specifically, it is used for the following purposes

- access and use of the website by the user ;

- managing the operation and optimisation of the website;

- organisation of the conditions of use of the Payment Services ;

- verification, identification and authentication of data transmitted by the user ;

- offer the user the possibility of communicating with other users of the website;

- implementation of user support ;

- personalise services by displaying advertisements based on the user's browsing history and preferences;

- prevention and detection of fraud, malicious software and management of security incidents;

- managing any disputes with users;

- sending commercial and advertising information based on the user's preferences.

Sharing personal data with third parties

Personal data may be shared with third-party companies in the following cases:

- when the user uses payment services, the website works with third-party banking and financial companies with which it has signed contracts in order to implement these services;

- when the user publishes information accessible to the public in the free comment areas of the website;

- when the user authorises a third party's website to access his/her data;

- when the website uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to the user's data in order to provide these services, and are contractually obliged to use it in accordance with the provisions of the applicable regulations on the protection of personal data;

- if required by law, the website may transmit data in order to pursue claims against the website and to comply with administrative and legal proceedings;

- if the website is involved in a merger, acquisition, sale of assets or receivership, it may be required to sell or share all or part of its assets, including personal data. In this case, users will be informed before any personal data is transferred to a third party.

Security and confidentiality

The website implements organisational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorised 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.

In accordance with article L.223-2 of the French Consumer Code, consumers have the right to register on an opposition list against telephone canvassing via the website www.bloctel.gouv.fr

Implementing user rights

Pursuant to the regulations applicable to personal data, users have the following rights, which they may exercise by sending a request to the following address: contact@sunergy220.fr

• the right of access: users may exercise their right of access to their personal data. In this case, before exercising this right, the website may request proof of the user's identity in order to verify its accuracy.
• the right of rectification: if the personal data held by the website is inaccurate, they may request that the information be updated.
• the right to delete data: users may request the deletion of their personal data, in accordance with applicable data protection laws.
• the right to restrict processing: users may ask the website to restrict the processing of personal data in accordance with the provisions of the RGPD.
• the right to object to the processing of data: users may object to their data being processed in accordance with the assumptions set out in the RGPD.
• the right to portability: they can request that the website return their personal data to them so that it can be passed on to a new website.

Changes to this clause

The website reserves the right to make any changes to this personal data protection clause at any time. If a change 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 change by e-mail at least 15 days before the effective date. If users do not agree with the terms of the new wording of the personal data protection clause, they may delete their account.

Appendix :

Withdrawal form

(to be completed by the consumer,

by registered letter with acknowledgement of receipt,

within a maximum of 14 days following the date of conclusion of the service contract)

Appendix :

Consumer Code

 Article L. 217-4The seller shall deliver goods in conformity with the contract and shall be liable for any lack of conformity at the time of delivery.

He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was his responsibility under the contract or was carried out under his responsibility"

Article L. 217-5The property conforms to the contract:

1° Whether it is fit for the use ordinarily expected of similar goods and, if so:

- it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;

- it has the qualities that a purchaser may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;

2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter

Article L. 217-6The seller is not bound by the public statements made by the producer or his representative if it is established that he did not know them and was not legitimately in a position to know them".

Article L. 217-7Defects in conformity which appear within twenty-four months of delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise contraire.Pour the seller may rebut this presumption if it is not compatible with the nature of the goods or the lack of conformity claimed

Article L. 217-8The buyer is entitled to demand that the goods conform to the contract. He may not, however, dispute conformity on the grounds of a defect of which he was aware or could not have been unaware when he entered into the contract. The same applies when the defect is due to materials supplied by the buyer

Article L. 217-9In the event of a lack of conformity, the buyer may choose between repairing or replacing the product bien.Toutefois, the seller may not proceed according to the buyer's choice if this choice would result in a cost that is manifestly disproportionate to the other method, taking into account the value of the goods or the significance of the defect. The seller is then obliged to proceed, unless this is impossible, according to the method not chosen by the buyer

Article L. 217-10If 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 the buyer: 1° If the solution requested, proposed or agreed in application of article L. 217-9 cannot be implemented within a period of one month following the buyer's complaint; 2° Or if this solution cannot be implemented without major inconvenience for the buyer, given the nature of the goods and the use they are seeking. However, the sale may not be rescinded if the lack of conformity is minor

Article L. 217-11Application of the provisions of articles L. 217-9 and L. 217-10 shall be at no cost to the purchaser. These same provisions do not preclude the award of damages.

Article L. 217-12In the French version, "Action resulting from a lack of conformity shall be barred after two years from the date of delivery of the goods"

Article L. 217-13The provisions of this section do not deprive the purchaser of the right to bring an action arising from redhibitory defects as set out in articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature recognised by law"

Article L. 217-14The recourse action may be brought by the final seller against successive sellers or intermediaries and the producer of the tangible personal property, in accordance with the principles of the Civil Code.

Article L. 217-15A commercial guarantee is any contractual commitment by a trader to a consumer to reimburse the purchase price, replace or repair the goods or provide any other service in relation to the goods, in addition to his legal obligations to guarantee the conformity of the goods.
The commercial guarantee is the subject of a written contract, a copy of which is given to the purchaser.
The contract specifies the content of the guarantee, how it is to be implemented, its price, duration and territorial scope, as well as the name and address of the guarantor.
In addition, it clearly and precisely states that, independently of the commercial guarantee, the seller remains liable for the legal guarantee of conformity referred to in articles L. 217-4 to L. 217-12 and the guarantee relating to defects in the item sold, under the conditions set out 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 French Civil Code are reproduced in full in the contract.
In the event of non-compliance with these provisions, the warranty shall remain valid. The purchaser is entitled to avail himself of this right

Article L. 217-16When the buyer asks the seller, during the period of the commercial guarantee granted to him at the time of the purchase or repair of a movable good, for a repair covered by the guarantee, any period of immobilisation of at least seven days shall be added to the duration of the guarantee which remained to run.

This period runs from the date of the buyer's request for service or from the date on which the goods in question are made available for repair, if the goods are made available after the request for service

Civil Code

Article 1641The seller is liable for any hidden defects in the goods sold that render them unfit for their intended use, or that impair that use to such an extent that the buyer would not have purchased them, or would have paid a lower price for them, had he or she been aware of them

Article 1648Article 1642-1 of the Civil Code states: "An action arising from redhibitory defects must be brought by the purchaser within two years of discovery of the defect. In the case provided for in article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller may be relieved of the defects or lack of conformity".

Updated on 21/08/2023 in Le Soler, France