Terms and conditions of sale
ARTICLE 1 : STIPULATIONS GENERALES
ZAE de la Fossette,
5 rue Philippe Lebon,
14440 Douvres-la-Délivrande,
France,
registered with the RCS of CAEN under number 903 141 091, VAT no. FR79903141091 (hereinafter referred to as “our Company”) – and any person wishing to make a purchase (hereinafter referred to as the “Customer”) via the www.supernote.eu website (hereinafter referred to as the “Site”).
Our Company and the Customer will hereinafter be referred to together as the “Parties”. These general terms and conditions constitute a distance selling contract, defining the rights and obligations of the Parties and of the Customer in the context of the distance selling of the products listed on the Site (hereinafter referred to as the “Products”).
Customers are either professionals or consumers. A professional Customer is defined as any individual or legal entity, public or private, acting for purposes relating to its commercial, industrial, craft, liberal or agricultural activity, including when acting in the name of or on behalf of another professional.
A Consumer Customer is defined as a natural person acting for purposes which are outside the scope of his or her commercial, industrial, craft, liberal or agricultural activity. As a result, certain clauses of these general terms and conditions will apply exclusively to Consumer Customers, and conversely, certain clauses of these general terms and conditions will apply exclusively to Professional Customers.
Placing an order on the Site implies the customer’s full and unreserved acceptance of these terms and conditions, to the exclusion of all other documents such as prospectuses, promotional catalogs and product descriptions issued by our company, which are for information purposes only.
In this respect, validation of the order confirms full acceptance of these terms and conditions by the Customer. The fact that one of the Parties does not avail itself of one of the present conditions at a given time may not be interpreted as a waiver of the right to avail itself of any of the said conditions at a later date.ions.
The invalidity of any provision of these terms and conditions shall not affect the validity of the terms and conditions as a whole. These terms and conditions apply only to purchases made by customers located in the European Union, the United Kingdom, Norway, Switzerland and Serbia and delivered exclusively to these territories. Our company reserves the right to refuse any order for which the delivery address is not within the above-mentioned territories. The present terms and conditions may be modified at any time and without prior notice by our Company, the modifications then being applicable to all orders subsequent to such modification. Our company may modify certain provisions of its general terms and conditions of sale from time to time, and the customer is therefore advised to reread them systematically before validating any order.
In any event, the general terms and conditions of sale are those applicable on the day the order is placed by the Customer. For any questions or complaints relating to the Products, the order, the right of withdrawal, the application of the warranty, personal data or the Site, the Customer may contact our Company at the following address:
By post:
Wannanote SAS,
ZAE de la Fossette,
5 rue Philippe Lebon,
14440 Douvres-la-Délivrande,
FRANCE
By phone :
By e-mail :
info@supernote.eu
ARTICLE 2 : THE WEBSITE
The entire content of the Site or of any advertising material (illustrations, texts, labels, trademarks, images, videos) is the property of our Company or is used with the authorization of the holders of the rights in question. Reproduction in whole or in part, or the creation of hypertext links, is prohibited without the express prior authorization of our company.
ARTICLE 3: PRODUCTS
3.1 PRODUCT PRESENTATION
The presentation of the Products offered by our Company on the Site enables the Customer to know the essential characteristics of the Product he wishes to order.
Our Company takes the utmost care in providing information on the essential characteristics of the Products, in particular by means of technical descriptions and/or photographs illustrating the Products. Differences between the Products and their photographs on the Site may potentially exist (colors, tints, appearance, etc.), depending in particular on the resolution and color definition of the Customer’s screen. Consequently, the photographs of the Products are presented with the usual and customary tolerances in the matter. In any event, our Company cannot be held liable for any changes or errors in the description of the characteristics of the Product purchased, unless the essential characteristics of the Product are affected. The photographs, illustrations and texts appearing on the Site are not contractual.
3.2 PRODUCT AVAILABILITY
The Products are offered for sale within the limits of available stocks and supply possibilities from our Company’s suppliers. The availability of the Products is in any case indicated at the time of selection of the Products, subject to possible errors of synchronization of our Company’s computer system.
In any event, the availability of the Products will be definitively validated upon confirmation of dispatch of the order, which will be sent to the Customer by e-mail.
In the event that one of the Products ordered is not available at the time the Customer’s order is prepared, our Company undertakes to contact the Customer as soon as possible in order to inform him/her of the timeframe within which this Product may be delivered or to offer a Product of comparable quality.
3.3 UPDATES
The Customer is hereby informed that he may be required to update his digital notebook(s) purchased on the Site, in order to improve its functionality.
Article 4 : ORDERS
The Customer shall place an order in accordance with the instructions given on the Site. The Customer undertakes to fill in the registration and order form with complete and accurate information.
In any event, the Customer is responsible for the information entered on the registration form and when placing an order. In the event of an error (name, address, etc.), our Company cannot be held responsible for any failure or delay in the delivery of the Products. The Customer’s order will only be definitive once the corresponding price has been paid, as specified in article 5 hereof. In other words, payment by the Customer formalizes the contract concluded with our Company in a firm and definitive manner.
Once the order has been paid for, the Customer can print the order summary page. In any case, the Customer will receive an order confirmation by e-mail, accompanied, where applicable, by the form for exercising the right of withdrawal (for consumer Customers only), at the latest at the time of delivery.
The order summary must be retained, as it constitutes proof of the Customer’s order and of the contract binding the Parties. Our Company reserves the right not to accept an order for a legitimate reason, such as a problem concerning the understanding of the order received, a foreseeable problem concerning delivery, or an abnormality in the quantities ordered. In this case, our company will inform the customer as soon as possible in order to validate or not the acceptance of the order.
In general, our Company reserves the right not to satisfy any Customer request that is exorbitant or derogatory to common law and/or its general terms and conditions, or in the event of an ongoing dispute with the Customer, notably in the event of unpaid invoices from the Customer concerning previous orders placed via the Site or by any other means, such cases being considered as legitimate reasons. In such cases, our Company cannot be held liable under any circumstances.
Article 5 : PRICE AND PAYMENT
Products are invoiced according to the price list in force on the Site on the day the order is placed. Prices are indicated in euros and are inclusive of all taxes for consumer customers and exclusive of all taxes for professional customers, the VAT applicable being that in force at the time of invoicing.
The prices indicated for the Products do not include any delivery charges, which are invoiced in addition and clearly indicated to the Customer before the order is validated. The total price of the order is in any case indicated at the end of the online order, before validation by the Customer. Our company reserves the right to modify its prices at any time. However, no modification made after the order has been placed may be applied by our company.
The price applicable to the Products ordered is that shown on the Site on the day the order is placed. Orders for Products are payable in euros, in full and in cash. At no time may the sums paid be considered as deposits or advance payments.
Payment is made via the Site by credit card or via the MONETICO payment solution. Depending on the choice made, the Customer will pay for the order by following the instructions given on the Site. Once payment has been validated, the Customer receives confirmation of the order by e-mail, together with the invoice.
In order to offer you Klarna’s payment options, we may need to transfer your personal data to Klarna, including your contact details and details of your order, so that Klarna can assess whether you qualify for them and tailor them to your needs. Your personal data will be treated in accordance with Klarna’s privacy policy.
Article 6 : SHIPPING / DELIVERY / RECEPTION
6.1 DELIVERY TIME
The delivery times specified on the Site are indicated as precisely as possible, depending in particular on the availability of the carrier and the Products ordered. In the event of a foreseeable delay in delivery, our Company will inform the Customer as soon as possible by e-mail and will provide an estimate of the additional delay. Our Company shall not be held liable for any delay in delivery or failure to accept delivery due to force majeure or to a fault on the part of the Customer, such as the latter’s absence at the time of delivery.
In the case of professional customers, in the absence of an express commitment on firm delivery dates between our Company and the professional customer, exceeding the delivery date may not give rise to damages, withholding or cancellation of orders and/or refusal of delivery of all or part of the Products, except in the event of gross negligence on the part of our Company. In any event, in accordance with the provisions of the French Commercial Code, it is forbidden to automatically deduct from the invoice amount any penalties or discounts corresponding to non-compliance with a contractual commitment.
6.2 DELIVERY
Products are delivered only to the countries specified in article 1 of these terms and conditions, via the carrier chosen by our Company.
Products will be delivered to the address specified by the Customer at the time of ordering on the Site. Our Company shall in no event be held liable in the event of delay and/or non-delivery due to a false or erroneous address or an address to which delivery proves impossible. Delivery is deemed to have been made by our Company when the Products are handed over to the Customer by the carrier.
If the Customer is absent at the time of delivery, a delivery notice or other document will be left and/or sent to the Customer. It will then be up to the latter to follow the recommendations indicated to have the order delivered or collected.
6.3 RECEPTION
The Customer must personally take delivery of the Products ordered and undertakes to sign the delivery note, if applicable.
It is the Customer’s responsibility to check the condition and quantity of the Products upon receipt. This verification is considered to have been carried out once the Customer, or a person authorized by the Customer, has signed the delivery note. In the event of dispute, deterioration of the Products during transport, damage, shortage or delay, it is the Customer’s responsibility to make clear and precise reservations on the delivery note, where applicable.
The Customer must confirm any such reservations to the carrier by registered letter with acknowledgement of receipt, stating the reasons, within three (3) days, not including public holidays, of receipt of the Products. A copy of this letter must be sent to our Company.
In the absence of compliance with these clauses by the professional Customer, the delivery will be considered as conforming to the order and no dispute concerning the conformity of the Products will be accepted.
In accordance with article L. 224-65 of the French Consumer Code, when the consumer Customer personally takes delivery of the items transported and when the carrier does not justify having given him the opportunity to effectively check their good condition, the three (3) day period mentioned above is extended to ten (10) days. In any event, complaints concerning the Products must be made to our Company in accordance with the conditions set out in article 9 of these general terms and conditions. article
7 : RIGHT OF WITHDRAWAL FOR CONSUMER CUSTOMERS
Only consumer customers may avail themselves of the provisions of this article; professional customers do not benefit from the right of withdrawal.
7.1 EXISTENCE, ABSENCE OR LOSS OF THE RIGHT OF WITHDRAWAL
In application of article L. 221-18 of the French Consumer Code, the consumer customer has a withdrawal period of fourteen (14) clear days from the date of receipt of the Products ordered (the day of receipt of the Products ordered is not counted in the period, which begins on the following day). If this withdrawal period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.
However, Article L. 221-28 of the French Consumer Code stipulates that: “The right of withdrawal cannot be exercised for contracts: 3° For the supply of goods made to the consumer’s specifications or clearly personalized;”.
7.2 HOW TO EXERCISE YOUR RIGHT OF WITHDRAWAL
In the event of your withdrawal from this contract, we will refund all payments received from you, including delivery costs (with the exception of any additional costs arising from the fact that you have chosen a delivery method other than the cheaper standard delivery method offered by us) without undue delay and, in any event, no later than fourteen days from the day on which we are informed of your decision to withdraw from this contract. We will make the refund using the same means of payment that you used for the original transaction, unless you expressly agree to a different method; in any event, this refund will not incur any costs for you. We may defer reimbursement until we have received the goods or until you have provided proof of shipment of the goods, whichever comes first.
date.
You must return the goods to us without undue delay and, in any event, no later than fourteen days after you have informed us of your decision to withdraw from this contract. This deadline is deemed to have been met if you return the goods before the fourteen-day period has expired. You must bear the direct cost of returning the goods. You are only liable for the depreciation of the good resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the good.
7.3 CUSTOMER REFUND IN THE EVENT OF WITHDRAWAL
In the event of withdrawal by the Consumer Customer under the conditions set out above, our Company undertakes to reimburse the Customer for all sums paid, including delivery costs, within fourteen (14) days from the date on which it is informed of the Consumer Customer’s decision to withdraw. Nevertheless, our Company is entitled to defer this reimbursement until the Products have been recovered or until the Customer has provided proof of shipment, whichever comes first. Our Company will carry out this refund using the same means of payment as that used by the Consumer Customer for the initial transaction, unless the latter expressly agrees that our Company may use another means of payment and insofar as the refund does not incur any costs. In any event, our Company is not obliged to reimburse additional costs if the Consumer Customer has expressly chosen a delivery method that is more expensive than the standard delivery method offered by our Company. If the right of withdrawal is exercised for part of the order, no reimbursement of the initial delivery costs will be due in the case of flat-rate delivery costs. Conversely, if delivery costs depend on the number of Products ordered, delivery costs will be reimbursed in proportion to the number of Products ordered that are the subject of the withdrawal.
ARTICLE 8 : CUSTOMER OBLIGATIONS
The Customer undertakes to provide our Company with all information required for the proper execution of orders. In this respect, the Customer remains responsible for the content and accuracy of the information sent to our Company. The choice, use, conservation, updating and maintenance of the Products are the sole responsibility of the Customer. The Customer is responsible for maintaining the Products in good condition, complying with storage instructions and using them in accordance with their intended purpose, in particular by complying with the rules of use and recommendations given by our Company or its suppliers (in particular in the product sheets available on the Site).
ARTICLE 9: LEGAL WARRANTIES / CLAIMS / RETURNS
9.1 LEGAL GUARANTEES FOR CONSUMER CUSTOMERS
In the case of consumer customers, our company is liable for defects in conformity of its products with the contract, in accordance with article L. 217-3 et seq. of the French Consumer Code, and for latent defects in the item sold, in accordance with article 1641 et seq. of the French Civil Code.
In this respect, the consumer customer may make a claim under the legal warranty of conformity or the warranty of defects in the item sold by sending his claim to our Company at the address indicated in article 1 of these general terms and conditions. The consumer customer benefits from a legal guarantee of conformity as provided for in articles L. 217-3 et seq. of the French Consumer Code, covering goods as well as goods containing digital elements.
For further information on the existence, conditions of implementation and content of this legal guarantee of conformity, the Consumer Customer is invited to consult Appendix 2 of these General Terms and Conditions of Sale, which reproduces the legal provisions contained in Articles L. 217-3 et seq. of the French Consumer Code.
The legal warranty of conformity applies independently of any commercial warranty that may cover the goods. It should be noted that the consumer customer may decide to invoke the warranty against hidden defects in the item sold, in accordance with article 1641 of the French Civil Code. In this case, the customer may choose between rescission of the sale or a reduction in the sale price, in accordance with article 1644 of the French Civil Code.
9.2 COMPLAINTS AND RETURNS
It is the Customer’s responsibility to provide any justification as to the reality of the defects or anomalies observed. In any event, in the event of a complaint, the Customer must allow our Company every facility to proceed with the observation of these defects or anomalies. Subject to the possible exercise of the right of withdrawal by a consumer Customer, any return of Products must be subject to the express agreement of our Company. Products must be returned in perfect condition with any accessories provided by our Company.
9.3COMPLAINTS AND RETURNS BY PROFESSIONAL CUSTOMERS
Without prejudice to the measures to be taken with regard to the carrier, any reservation or dispute concerning the conformity of the Products must be made in writing by the Professional Customer to our Company within a maximum period of three (3) days from receipt. It is the Professional Customer’s responsibility to provide any justification as to the reality of the defects or anomalies observed.
The Professional Customer must allow our Company every facility to proceed with the observation of such defects or anomalies. Any Product which has not been the subject of reservations, in accordance with the stipulations herein, shall be deemed to have been accepted by the Professional Customer. In the event of defects duly recognized by our Company, non-conforming Products will either be replaced by identical Products, or reimbursed by a credit note, where appropriate offset against subsequent orders.
ARTICLE 10 : LIABILITY
Our company cannot be held liable in the event of non-performance or improper performance of contractual obligations attributable to the customer, in particular during the transmission of the order.
Our Company may not be held liable, or considered as having failed to comply with the present terms and conditions, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by law or jurisprudence. Our Company declines all responsibility for the choice of Products by the Customer, for damage resulting from modifications made to the Products by the Customer, or for damage resulting from a failure by the Customer to follow the recommendations for use of the Products.
Furthermore, in the case of professional Customers, where our Company is held liable as a result of a fault on its part, compensation shall apply only to direct, personal and certain damages suffered by the professional Customer, to the express exclusion of compensation for all indirect and intangible damages and/or prejudice, such as financial prejudice, damage to image, etc.
The amount of damages that our Company may be required to pay under the aforementioned conditions shall not exceed the invoice price of the Products that are the subject of the complaint.
The Parties agree that the prices quoted by our Company are made in consideration of the present liability limitation clause. Our Company shall not be held liable for any temporary or permanent damage to the Customer’s computer system, or for any loss or damage suffered as a result of accessing or browsing the Site.
The transmission of data via the Internet may result in errors and/or the Site not always being available. Consequently, our company cannot be held responsible for the availability or interruption of the online service.
ARTICLE 11 : MAJOR FORCE
The Parties shall be released from their respective contractual obligations, and shall not be held liable, in the event of force majeure.
Force majeure is defined as any event that makes it impossible or manifestly more difficult to perform an obligation due to its unforeseeable, irresistible or external nature, two of these three criteria being sufficient to characterize force majeure.
Events such as war, riots, fires, floods, natural disasters, bad weather such as snow or ice preventing travel, viruses, epidemics, pandemics, prefectoral or state administrative decisions closing all or part of our Company’s premises and/or limiting its activity (in particular due to sanitary measures, confinement, etc.), total or partial strikes, etc., are considered as force majeure.), total or partial transport strikes, paralysis of road or other transport routes, obstacles to travel, prefectural or state bans on travel, disruptions to energy supplies (EDF, GDF, oil, etc.), telecommunications and computer network blockages, changes to regulations, delays or failures in the intervention of external service providers such as suppliers or subcontractors, etc., as well as any other event considered by law or jurisprudence as a case of force majeure.
In such a case, the Party affected by the event undertakes to inform the other Party as soon as possible and to do everything in its power to resume performance of its obligations.
Article 12 : OPPOSITION TO COLD CALLING
The consumer customer is informed by our Company that he/she may register on a list of persons opposed to telephone canvassing (Bloctel list). It is nevertheless specified that this registration does not prevent our Company from contacting the Customer by telephone for the strict purposes of executing the present contract. stricts besoins de l’exécution du présent contrat.
Article 13 : Personal data / RGPD
Our company collects and processes customers’ personal data in accordance with current regulations applicable to personal data and the privacy policy it has drawn up (hereinafter referred to as the “Privacy Policy”).
The individuals concerned have various rights with regard to the collection and processing of their personal data.
They may request access, rectification or deletion of their data. Where appropriate, they may also object to or request the restriction of the processing of such data; they also have the right to the portability of their data. They can also define directives concerning the fate of their data after their death, and register them with trusted third parties certified by the CNIL.
These rights can be exercised directly by writing to the following e-mail address: info@supernote.eu. For further information on the processing of personal data, customers are invited to consult the Privacy Policy available on the Site, which can be viewed by clicking here.
ARTICLE 14 : APPLICABLE LAW
These conditions and their consequences are governed by French law. Nevertheless, in the case of deliveries outside France to Consumer Customers, French law shall apply subject to the mandatory provisions of the law of the country in which the Consumer Customer has his habitual residence. The language of the present contract and of relations between the Parties is French.
ARTICLE 15: DISPUTES / MEDIATION
15.1 FOR CONSUMER CUSTOMERS
The consumer customer declares that he has been informed in advance by our Company of the possibility of having recourse, in the event of a dispute, to a consumer mediation procedure.
The consumer customer may thus submit any dispute with our Company to the mediator.
DEVIGNY MEDIATION
(Address: 9 avenue René Gasnier, D01, 49100 ANGERS – Telephone number: 04.41.25.47.58 – Email address: contact@devignymediation.fr – Website: https://devignymediation.fr/).
Before seizing the mediator designated above, the consumer Customer undertakes to address his complaint to our Company’s customer service department at the contact details indicated in article 1 of these general terms and conditions.
In addition, our Company informs the Consumer Customer of the existence of the online dispute resolution platform set up by the European Commission to facilitate the independent, out-of-court settlement of online disputes between consumers and professionals. This platform can be accessed via this link.
15.2 FOR PROFESSIONAL CUSTOMERS
In the case of professional customers, any disputes arising in connection with these general terms and conditions shall fall within the exclusive jurisdiction of the Tribunal de Commerce de CAEN (FRANCE), to which jurisdiction is expressly and in advance granted, even in the event of multiple instances and/or parties or the introduction of third parties.
APPENDIX 1: WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract).
For the attention of :
WANNANOTE SAS,
ZAE de la Fossette,
5 rue Philippe Lebon,
14440 Douvres-la-Délivrande,
FRANCE
E-mail address :
info@supernote.eu
APPENDIX 2: LEGAL PROVISIONS CONCERNING THE LEGAL WARRANTY OF CONFORMITY
Reproduced below are articles L. 217-3 to L. 217-17 of the French Consumer Code concerning the legal guarantee of conformity from which the consumer customer benefits (it should be noted that these legal provisions do not apply to professional customers).
Article L. 217-3 of the French Consumer Code: The seller delivers a good that conforms to the contract and to the criteria set out in article L. 217-5.
He is liable for defects in conformity existing at the time of delivery of the good within the meaning of article L. 216-1, which appear within two years of delivery.
In the case of a contract for the sale of goods containing digital elements : 1° Where the contract provides for the continuous supply of digital content or a digital service for a period of less than or equal to two years, or where the contract does not specify the duration of supply, the seller is liable for any lack of conformity of the digital content or digital service that appears within two years of delivery of the good; 2° Where the contract provides for the continuous supply of digital content or a digital service for a period of more than two years, the seller is liable for any lack of conformity of the digital content or digital service that becomes apparent during the period in which it is supplied under the contract.
For such goods, the applicable time limit does not deprive the consumer of his right to updates in accordance with the provisions of article L. 217-19. The seller is also liable, within the same time limits, for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was made his responsibility by the contract or was carried out under his responsibility, or when the incorrect installation, carried out by the consumer as provided for in the contract, is due to shortcomings or errors in the installation instructions supplied by the seller.
This warranty period applies without prejudice to articles 2224 et seq. of the French Civil Code. The starting point of the limitation period for the consumer’s action is the day on which the consumer becomes aware of the lack of conformity. Article L. 217-4 of the French Consumer Code: Goods conform to the contract if they meet the following criteria, where applicable:
1° It corresponds to the description, type, quantity and quality, in particular as regards functionality, compatibility, interoperability or any other characteristic provided for in the contract;
2° It is fit for any special purpose intended by the consumer, made known to the seller at the latest at the time of conclusion of the contract and accepted by the latter;
3° It is delivered with all accessories and installation instructions, to be provided in accordance with the contract;
4° It is updated in accordance with the contract. Article L. 217-5 of the French Consumer Code:
I.- In addition to the criteria of conformity with the contract, the good is in conformity if it meets the following criteria:
1° It is fit for the use normally expected of goods of the same type, taking into account, where applicable, any provisions of European Union and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;
2° Where applicable, it possesses the qualities that the seller presented to the consumer in the form of a sample or model before the conclusion of the contract;
3° Where applicable, the digital elements it contains are supplied in the most recent version available at the time the contract is concluded, unless the parties agree otherwise;
4° Where applicable, it is delivered with all accessories, including packaging, and installation instructions that the consumer can legitimately expect;
5° Where applicable, it is supplied with updates that the consumer can legitimately expect, in accordance with the provisions of article L. 217-19; 6° It corresponds to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, taking into account the nature of the good as well as public statements made by the seller, by any person upstream in the transaction chain, or by a person acting on their behalf, including in advertising or on labelling.
II – However, the seller is not bound by any of the public declarations mentioned in the preceding paragraph if he can demonstrate :
1° That he did not know them and was not legitimately in a position to know them;
2° That at the time the contract was concluded, the public declarations had been rectified in conditions comparable to the initial declarations; or
3° That the public statements could not have influenced the purchasing decision.
III – The consumer may not contest conformity by invoking a defect concerning one or more particular characteristics of the good, which he was specifically informed deviated from the conformity criteria set out in the present article, a deviation to which he expressly and separately consented when the contract was concluded. Article L. 217-6 of the French Consumer Code:
When, on the occasion of the contract, personal data processing is carried out by the professional, a failure on his part to comply with his obligations under Regulation (EU) 2016/679 of April 27, 2016 and Law no. 78-17 of January 6, 1978 relating to information technology, files and freedoms, insofar as this failure results in non-compliance with one or more of the compliance criteria set out in this section, shall be treated as a failure to comply, without prejudice to the other remedies provided for by these texts.
Article L. 217-7 of the French Consumer Code:
Defects of conformity which appear within twenty-four months of delivery of the goods, including goods containing digital elements, are, in the absence of proof to the contrary, presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the goods or of the defect claimed. For second-hand goods, this period is set at twelve months.
Where the contract for the sale of goods with digital components provides for the continuous supply of digital content or a digital service, any lack of conformity that appears at the time of delivery of the goods is presumed to exist:
1° During a period of two years from delivery of the good, when the contract provides for this supply for a period less than or equal to two years, or when the contract does not determine the duration of supply;
2° For the period during which the digital content or service is provided under the terms of the contract, when the contract provides for such provision for a period of more than two years. Article L. 217-8 of the French Consumer Code :
In the event of lack of conformity, the consumer has the right to have the goods repaired or replaced or, failing that, to have the price reduced or the contract rescinded, under the conditions set out in this sub-section.
The consumer also has the right to suspend payment of all or part of the price, or to withhold the benefit provided for in the contract, until such time as the seller has fulfilled its obligations under this chapter, in accordance with articles 1219 and 1220 of the French Civil Code. The provisions of the present chapter are without prejudice to the award of damages.
Article L. 217-9 of the French Consumer Code: The consumer is entitled to demand that the goods conform to the criteria set out in sub-section 1 of this section. The consumer shall request the seller to bring the good into conformity, choosing between repair and replacement. To this end, the consumer makes the good available to the seller.
Article L. 217-10 of the French Consumer Code: The good must be brought into conformity within a reasonable period of time, which may not exceed thirty days following the consumer’s request, and without any major inconvenience to the consumer, taking into account the nature of the good and the use intended by the consumer. Repair or replacement of non-conforming goods includes, where applicable, removal and return of the goods and installation of the repaired or replacement goods by the seller. A decree specifies the terms and conditions for bringing goods into conformity.
Article L. 217-11 of the French Consumer Code: Bringing the good into conformity is free of charge for the consumer. The consumer is not required to pay for the normal use made of the replaced good during the period prior to its replacement.
Article L. 217-12 of the French Consumer Code: The seller may not proceed according to the choice made by the consumer if the requested compliance is impossible or entails disproportionate costs, particularly with regard to: 1° The value that the good would have had in the absence of the lack of conformity; 2° The significance of the lack of conformity; and 3° The possible possibility of opting for the other choice without major inconvenience for the consumer.
The seller may refuse to bring the good into conformity if this is impossible or would entail disproportionate costs, particularly with regard to 1° and 2°.
If these conditions are not respected, the consumer may, after formal notice, pursue the forced execution in kind of the solution initially requested, in accordance with articles 1221 et seq. of the French Civil Code.
Any refusal by the seller to proceed according to the consumer’s choice, or to bring the goods into conformity, shall be justified in writing or on a durable medium. Article L. 217-13 of the French Consumer Code: Any goods repaired under the legal warranty of conformity benefit from a six-month extension of this warranty. If the consumer chooses to have the good repaired, but the seller does not, the consumer is entitled to a new legal warranty period for the replaced good. This provision applies from the day the replacement item is delivered to the consumer.
Article L. 217-14 of the French Consumer Code: The consumer is entitled to a reduction in the price of the goods or to rescission of the contract in the following cases:
1° When the professional refuses to bring the goods into conformity;
2° If the goods are not brought into conformity within thirty days of the consumer’s request, or if this causes the consumer a major inconvenience;
3° If the consumer definitively bears the costs of taking back or removing the non-conforming goods, or if he bears the installation or related costs of the repaired or replacement goods; 4° If the non-conformity of the goods persists despite the seller’s unsuccessful attempt to bring them into conformity. The consumer is also entitled to a reduction in the price of the goods or to rescission of the contract where the lack of conformity is so serious as to justify immediate reduction in the price or rescission of the contract. In such cases, the consumer is not obliged to request repair or replacement of the goods beforehand. The consumer is not entitled to have the sale rescinded if the lack of conformity is minor, which it is up to the seller to demonstrate. This paragraph does not apply to contracts in which the consumer does not pay a price.
Article L. 217-15 of the French Consumer Code: In the cases provided for in article L. 217-14, the consumer informs the seller of his decision to obtain a reduction in the price of the goods. The price reduction is proportional to the difference between the value of the good delivered and the value of this good in the absence of the lack of conformity.
Article L. 217-16 of the French Consumer Code: In the cases provided for in article L. 217-14, the consumer informs the seller of his decision to cancel the contract. He returns the goods to the seller at the latter’s expense. The seller reimburses the consumer for the price paid and returns any other benefits received under the contract. If the lack of conformity relates only to certain goods delivered under the contract of sale, the consumer has the right to rescind the contract in respect of all the goods, even those not covered by this chapter, if he cannot reasonably be expected to agree to keep only those goods which are in conformity.
For contracts mentioned in II of article L. 217-1, providing for the sale of goods and, on an ancillary basis, the supply of services not covered by this chapter, the consumer has the right to rescind the entire contract. Furthermore, in the case of a bundled offer within the meaning of article L. 224-42-2, the consumer has the right to rescind all related contracts. The respective obligations of the parties to the contract, mentioned in article L. 224-25-22 and relating to the consequences of rescission for digital content and digital services, are applicable to the rescission of a contract for the sale of goods containing digital elements.
Article L. 217-17 of the French Consumer Code: Any sums owed by the seller to the consumer under this sub-section shall be reimbursed upon receipt of the goods or proof of their return by the consumer, and no later than fourteen days thereafter. The seller shall reimburse these sums using the same means of payment as the one used by the consumer to conclude the contract, unless the consumer expressly agrees otherwise, and in any event at no additional cost.