General terms and conditions of sale Rinno-Pros.fr/en
Version 2 – from 11.06.2019
Publisher: The website www.rinno-pros.fr is produced by the company NEGOCE EN LIGNE limited liability company, registered with the Register of Commerce and Companies of Lille.
SARL NEGOCE EN LIGNE
99, rue des Résistants
N ° RCS Lille Métropole: 821 046 133
The order of products presented on the site www.rinno-pros.fr/en in the electronic catalog designed by the company NEGOCE EN LIGNE is subject to acceptance by the buyer and is acceptance without any reservation by the latter of all the general conditions of sale described below.
These general conditions of sale are binding on the buyer following his acceptance of the order materialized by his electronic signature, concretized by the “click of validation”, as well as by the communication of his bank details ensuring the payment. This electronic signature has the value of a handwritten signature between the parties in accordance with the provisions of the Civil Code. This double step constitutes for the buyer the perfect recognition and the unconditional approval of the general conditions of sale explained below.
Article 1: Acceptance of general conditions of sale
The present general conditions of sale govern the relations between the company NEGOCE EN LIGNE, company limited liability, registered with the Register of the Commerce and the Companies of Lille under the N ° 821 046 133 having its registered office 99 rue des résistants 59280 Armentières (France) and Customers wishing to place an order on the site www.rinno-pros.fr/en The fact, for any customer, to place an order on the site www.rinno-pros.fr implies its unconditional acceptance of these terms and conditions of sale. Pursuant to Article L 132-1 of the Consumer Code, the company NEGOCE EN LIGNE is prohibited from unilaterally changing the terms of the general conditions of sale upon acceptance of the order by the customer. These conditions apply when sales are made through any website published by the company NEGOCE EN LIGNE, including www.rinno-pros.fr/en, the products are delivered or removed in a store according to the option chosen by the customer. The company NEGOCE EN LIGNE reminds that special conditions for certain products or services may supplement these terms and conditions. They are then specified during the presentation of the article.
Article 2: Products
Customers are informed on the website of the essential characteristics of the products, with regard to the documentation and information provided by the suppliers. The company NEGOCE EN LIGNE reminds however that customers are invited to read the instructions for use, or any other information attached to the product or worn on the product or its packaging (precautions for use, conditions of use, instructions for use). use and security …). It is imperative to respect the rules of the art and in general the norms and regulations in force relating to the installation or the use of certain products and will as necessary need to involve a professional of his choice. The client is also informed that certain works require prior administrative authorizations and that he must inquire with the administrative services of the town hall of the place where he envisages their realization. It is pointed out that the photographs, films, videos, diagrams or drawings of the products are given as an illustration and do not enter the contractual field. Also, if errors were introduced there, in no case the responsibility of the company NEGOCE EN LIGNE cannot be committed. This stipulation is not intended to call into question the return of the goods by the customer.
The company NEGOCE EN LIGNE underlines that product and price offers are valid for the duration of their online publication, unless otherwise specified on the product sheet. The absence of the “Add to Cart” button in particular means that the product is not available for sale online. It is nevertheless specified that the simple fact of adding a product in the basket is not worth validation of the order because the product can become unavailable between the moment of the addition in the basket and the validation of the order by the Customer.
The customer acknowledges having been perfectly informed of this risk by the company NEGOCE EN LIGNE for the withdrawal in store, this service is only available for certain stores and a selection of specific products, and subject to confirmation of the availability of products by the store concerned. The possibility of removing a product in store is materialized on the card produced by the presence of the button “DRIVE”.
Article 3: Order
3.1 Management and creation of an account
The client certifies to be of age and able to contract and declares not to be subject to the tutorship or curatorship established by the legislative texts.
The customer places his order according to the processes in force on the site www.rinno-pros.fr/en (delivery and / or withdrawal in store) and confirms the detailed summary of it.
The customer is required to provide all reliable and accurate information, necessary for its identification including: company name, last name, first name, delivery address and billing, email address, mobile phone number and fixed.
– for delivered orders: address, access code … (and, for example, in the case of items with specific delivery conditions: Phone number to which he can be contacted during the day to make an appointment);
– for withdrawal in store: mobile phone number allowing it to receive SMS and mms, landline number and email address.
In order to place an order on the site www.rinno-pros.fr/en, it is necessary to proceed to the creation of an account either before the order or during the order by clicking on “Create an account”. Some information is mandatory and is therefore necessary for the processing of the customer’s order who undertakes to provide sincere information under its full responsibility. In case of error in the wording of the customer’s details, the company NEGOCE EN LIGNE cannot be held responsible for the impossibility of delivery of the order. The customer can, at any time, modify the information provided.
The customer can view in MY ACCOUNT all his invoices.
3.2 Procedure for placing and validating an order
The information recorded on the website www.rinno-pros.fr is considered as proof of the relationship between the company NEGOCE EN LIGNE and its customers. The placing of an order requires its payment. Articles are offered within the limits of available stocks and according to the availability of products in the store concerned. The order can be carried out on the internet: www.rinno-pros.fr/en.
In order to build your basket, the customer chooses his products and the corresponding quantities, then validates by clicking on the “Add to Cart” button for an e-shop purchase, or “In stock – Remove in store” for a withdrawal in the store. It should be noted that a basket will either be dedicated e-shop or dedicated withdrawal in a given store. The customer will not be able to mix the 2 possibilities in the same basket. On the cart screen, the customer can, at any time, delete a product, change the quantities or exit to return to the store. He then chooses a delivery method. By clicking on the button “Log in and continue my order”, the customer can then validate the delivery and billing addresses. In order to validate the order and pay, the customer must click on the “” ORDER “button. A summary statement of the order indicates the selected products, the cost of delivery and the total to pay. The last screen allows the registration of his bank details. The payment conditions the shipping or the withdrawal of the goods, for the only products shipped / carried. After validation of the order by the bank payment service, the customer receives an order confirmation by e-mail. The company NEGOCE EN LIGNE will inform the customer by mail of any stockouts that may affect his order. The company NEGOCE ONLINE reserves the right to cancel any order from a customer in case of non-compliance with its obligations, irregularity or inaccuracies in taking the order. The information given by the customer, when placing an order engage the latter especially in case of error in the wording of the recipient’s contact information, in this case NEGOCE ONLINE company cannot be held responsible for the impossibility or financial consequences inherent to the delivery of the ordered products. Since NEGOCE EN LIGNE is a retail product retail site, the latter reserves the right to refuse orders for identical products in large quantities. The company NEGOCE ONLINE cannot be blamed and held responsible for the consequences of all events beyond its control, including cases of force majeure, which tend to delay or prevent the placing of the order online.
3.3 Excess Order
If the customer has ordered too much goods, he has the option within 15 days to return the surplus provided (except special orders which have been not places directly on the website but via the sales department) it is in its original carton, in perfect condition. Any mark or mark will have a reason for not taking back articles.
In this case, the customer will bear the cost of shipping and 30% of the amount of the original invoice will be deducted to cover the costs incurred (administrative and accounting tasks, restocking, handling).
Depending on the customer’s choice, the goods will be subject to a credit or refund of amounts paid according to the terms of initial settlement.
Article 4: Delivery and withdrawal in store
→ Determination of delivery costs
The amount of shipping costs is indicated in the order basket.
Shipping costs include the participation of the order processing fees as well as the participation in delivery costs.
Participation in the processing fee is fixed; it covers the order preparation costs, its specific packaging and the insurances that guarantee the smooth delivery to the customer.
Any order to be delivered gives rise to invoicing of expenses of delivery except exception for certain promotional articles appearing in the catalog and indicating that the assumption of the expenses of delivery will be charged to the company NEGOCE ON LINE.
This exemption is indicated in the product sheet and in the last column of the basket with the following statement: Free delivery.
The amount of the participation in delivery costs is determined by the total weight of the order for the whole Metropolitan France and Monaco with the exception of items subject to fixed delivery costs.
Delivery charges for Europe are determined according to the same rules with a specific scale taking into account the country of destination and calculated directly when adding to the basket.
Deliveries in Corsica may be subject to special conditions (product not available in Corsica or with additional cost). The customer will be informed either directly on the site during the placing of order, or before the shipping of his parcel allowing him to give up his order.
Fixed delivery charges are in addition to other shipping costs calculated on the scale directly when added to the cart.
These fees include packaging and protective packaging products (angles, pallets, …)
The amounts of the participation in the delivery and processing costs are included in the details of the basket, in the order summary and on the invoice.
The customer acknowledges that he is fully aware of the contributions to shipping costs (processing and delivery) in addition to the price of the goods.
→ Terms of delivery and customer control
Terms of delivery
The customer is informed that the cases of force majeure discharge the seller of his obligation to deliver within the set deadlines. (storm, snow, accident, strike …). In this case, a new delivery date will be set contradictorily with the customer.
The customer must detail the accessibility constraints of his home at the time of the order and correctly write the delivery section to ensure in his interest the optimal solution for delivery.
The delivery will be made by our transport providers in the areas delivered by the company NEGOCE EN LIGNE.
The delivery time is indicated at the bottom of the order basket.
Delivery does not include commissioning of the devices.
Deliveries are made to the delivery address indicated by the customer. Our carriers are mandated to deposit packages in the mailbox or on the sidewalk in front of the house or at the foot of the building of the customer (no delivery to the floor). The fixing of the date and time of delivery will be done with the agreement of the customer and according to the contact details indicated by the latter when ordering. The carrier will contact the customer as soon as possible to set an appointment date (phone call or invitation to connect to an online schedule, by mail, SMS, or any other common means of communication).
In the case of delivery with appointment making the customer agrees to be present.
Some very bulky loads (pallets, Big-Bag, etc …) require specific means of transport. These items are delivered in front of the customer’s home and in normal conditions of accessibility (entry and exit) for a semi-trailer more than 15 meters long, more than 2.50 meters wide and more or less 4 meters height defined in articles R 312-10 to R 312-18 of the Highway Code. The customer must ensure that the road access infrastructure at the delivery site allows the passage of this type of transport and in particular allow the carrier to easily maneuver the truck to unload laterally or from the rear and leave without difficulty from the Delivery completed.
To avoid difficulties, in case of doubt, the customer will contact the customer service of the company NEGOCE EN LIGNE to define the terms of carrier taking into account the constraints.
If the actual configuration of the place of delivery physically prevents the access of the truck or the unloading of the item (s) and does not comply with the declaration of the customer made when the order is taken, the company NEGOCE EN LIGNE reserves the right to Ability to cancel the delivery and refund the item, less the cost of delivery and the cost of return.
In all cases, the impossibility to deliver the customer’s fault (failure to meet a delivery appointment, no withdrawal of parcels after notice of passage, no communication to the order taking specific access conditions …) entails for this one the loss of the possible participation to the expenses of sending stipulated at the time of taking the order. Return costs are also deducted from the refund of the item. If the customer wishes a new delivery, the participation in the delivery costs will have to be settled again by the customer.
For reasons of availability, an order can be delivered in several times to the customer. In this case, no additional transportation costs will be charged to the customer. If the customer wants 2 places of delivery, he places 2 orders, with related shipping costs. In this case, NEGOCE EN LIGNE reserves the right to optimize the delivery method chosen by the customer, for a mode at least as fast, at no additional cost to the customer.
In the case where the customer is absent during the delivery time originally scheduled with the carrier, the latter contacts the customer to arrange a new appointment. The cost of new representation of the goods may be solicited by the carrier depending on the routing constraints. Therefore, the customer must be vigilant on the choice of the date and time of delivery agreed with the carrier ensuring its imperative presence.
In the case of a cancellation of order by the customer, the cost of perishable products (plants, …) and delivery costs remain the responsibility of the customer. All other products are refunded within a maximum of 14 days.
Control and verification of the client
It is up to the customer to always examine his parcel on arrival. In the case of a delivered device, the customer will check its proper operation taking into account the instructions for use that is provided.
Article L 133-3 of the Commercial Code provides that the reception of the transported objects extinguishes any action against the valet for damage or partial loss if within three days, not including the holidays, which follows that of this reception, the recipient did not notify the valet, by extrajudicial act or by registered letter, his reasoned protest.
The customer must respect the procedure enacted by the aforementioned text. In particular, he must indicate on the delivery note all the damage noted and indicate the reserves relating to the defect of the product. In case of apparent defects, the customer has the right of withdrawal in the conditions provided for in 5 ° of these general conditions of sale.
4.2 In-store withdrawal:
If the “DRIVE” option has been chosen by the customer (with choice of the store concerned), the latter has a deadline to withdraw his products in the store, which runs from the receipt by the customer of the confirmation of the availability of the products in the concerned store, which is done by mail, SMS, telephone call provided that the customer has informed on his account a valid phone number. This maximum period is:
– 2 calendar days if the order includes vegetable products
– 8 calendar days if it includes only manufactured articles
Our stores are open 5 days out of 7, excluding Christmas and New Year’s Day, and if necessary, day (s) of inventory and other holidays. In the event that the store concerned would be closed one day included in these deadlines, they will be extended by one day.
Our stores are likely to cancel any order of products not withdrawn in store within the deadlines.
In-store withdrawal can only be done once: if the customer decides not to withdraw all the products ordered, those not removed will be put back for sale by the store. In the absence of withdrawal of goods within one month no refund can be made. The customer may choose not to carry all the reserved products, however, if he wishes to add, he will make his additional purchase separately and go to the cashier.
Article 5: Retraction – Exchange – Reimbursement for e-shop purchases
In application of Article L221-18 of the Consumer Code, the customer has a period of 14 days from the receipt of his article to exercise his right of withdrawal without having to justify his decision or to support other costs, except for the return costs which remain at its expense.
However, the customer is informed that the visa of the paragraph 3 of the article L.221-28 of the code of consumption, the right of retraction cannot be exerted for the articles made according to the specifications of the consumer or clearly personalized.
In consideration of the aforementioned text and its customization request the customer must be particularly vigilant in the placing of his order.
As such, the customer is invited to contact the consumer service of NEGOCE EN LIGNE to get all the useful advice to avoid difficulties.
Failing compliance with the instructions by the customer, the company NEGOCE EN LIGNE reserves the right to apply the rule enacted by Article L.221-28 of the Consumer Code and rightly refuse the return of these articles.
In the case of an order for several goods delivered separately or in the case of an order for a good consisting of lots or multiple parts whose delivery is spread over a defined period, the period runs from the receipt the last good or lot or the last piece.
In case of regular delivery of goods during a period defined at the request of the customer, the withdrawal period runs from the receipt of the first property.
In accordance with Article L 221-19 of the said Code, the day of receipt of the goods is not counted within the period mentioned in Article L. 221-18.
The period begins at the beginning of the first hour of the first day after receipt of the articles and ends at the end of the last hour of the last day of the period;
If this period expires on a Saturday, a Sunday or a holiday or holiday, it is extended until the next working day.
5.2 Conditions of exercise of the right of withdrawal
In accordance with the provisions of Article L 221-21 of the Consumer Code, the customer has the right to exercise his right of withdrawal by informing the company NEGOCE ONLINE of its decision to retract by sending before expiry the 14-day period provided for in Article L221-18 of the said Code is either the withdrawal form or by unambiguous letter expressing its wish to retract.
In this case the company NEGOCE EN LIGNE will send the customer an acknowledgment of the withdrawal that the customer must keep.
5.3 Terms of return of articles
The customer is informed that the visa of the article L 221-23 of the code of the consumption that his responsibility can be committed only with respect to the depreciation of the good resulting from manipulations other than those necessary to establish the nature, the characteristics, the good functioning of the property. The customer acknowledges having been informed by the company NEGOCE ONLINE of the need to read the instructions for use prior to their use in order to avoid any damage or risk for itself. Items returned incomplete, damaged, damaged, used or soiled cannot be returned.
In case of request for exchange or retraction, the Customer has a period of 14 calendar days from the communication of its decision to retract to return his article to the company NEGOCE EN LIGNE, the organization of the return and that the cost of return is the responsibility of the Customer. The customer must return the new item in its original packaging, accompanied by all possible accessories, instructions and documentation, his return slip, his customer number and his order number. The Customer must return his article to the following address:
SARL NEGOCE EN LIGNE
99, Rue des résistants
59280 Armentières, FRANCE
The customer has a freedom of choice of the carrier to convey the return of the article in the warehouses of the company NEGOCE ONLINE.
The Customer will be reimbursed for all amounts paid, including delivery costs, no later than fourteen (14) days from the date on which NEGOCE ONLINE is informed of the Customer’s decision to retract.
The refund may be deferred until recovery of the goods or until the Customer has provided proof of the shipment of these goods.
The company NEGOCE EN LIGNE will make this refund using the same method of payment used by the customer for the initial transaction, unless express agreement to use another means of payment.
The company NEGOCE EN LIGNE is not required to reimburse the additional costs if the consumer has expressly chosen a delivery method more expensive than the standard delivery method proposed by the professional.
Article 6: Price
The price indicated by the product sheet of each article does not include the delivery costs, which is indicated in the “basket summary”
The price indicated by the product sheet includes, where applicable, the cost of disposal of waste electrical and electronic equipment in accordance with the regulations in force.
In the “basket summary” and the order confirmation, the total price is the final price, including all taxes and including VAT. This price includes the price of the items and the participation in the shipping costs, which includes handling, packaging and storage costs, shipping and delivery costs.
Any amount paid in advance is a deposit.
In case of obvious typographical error on the price of one or more products, the company NEGOCE EN LIGNE will signal the customer said error and will cancel the order of the product (s) concerned.
Article 7: Payment
The price charged to the customer is the price indicated on the order confirmation sent by the company NEGOCE EN LIGNE by e-mail. The price of the products is payable in cash on the day of the order. Payment is made by credit card bearing the initials CB (Visa, Mastercard), by check or transfer. The order validated by the customer will be considered effective only when the payment centers concerned will have given their agreement. In case of refusal of said centers, the order will be automatically canceled, and the customer notified by email.
Article 8: Disputes – Applicable Law – Conciliation
These conditions are subject to French law.
Disputes arising from the application of these general conditions of sale are subject to French law and only French courts may hear these disputes.
In case of dispute concerning a product, the customer must send a reasoned complaint to our customer service:
– By mail: contact @ plots-discount.com
– By mail addressed to SARL NEGOCE ON LIGNE 99 rue des Résistants, 59280 Armentières, France.
In case of impossibility of finding an agreement, the customer can either:
– prior to any legal action before the competent court to seize, free of charge, the conciliator of the Republic of the place of his domicile for the goods delivered in France and in the Overseas Territory in order to seek an amicable resolution of the dispute.
– make a free appeal to the consumer mediator whose contact details are as follows: MEDICYS, www.medicys.fr, 75 Boulevard de Clichy 75009 PARIS.
Disputes between the company NEGOCE ONLINE and all professionals come under the exclusive jurisdiction of the Commercial Court of Lille-Métropole unless public order of competence attributable to a legislative or regulatory provision.
9 – Retention of title – transfer of risks
The delivered products remain the property of the company NEGOCE EN LIGNE until the full and effective payment of the price by the customer that is to say the actual collection of the payment.
The customer will bear any risk of loss or damage to the products: either from the moment the customer or a third party designated by him physically takes possession of the goods, or from the delivery of the goods to the carrier when the customer has entrusted the delivery of the goods to a carrier other than the one proposed by NEGOCE EN LIGNE.
Article 10: Legal guarantees
The seller is held to the defects of conformity of the good to the contract in the conditions of the article L. 211-4 and following of the code of the consumption and the hidden defects of the thing sold under the conditions envisaged in articles 1641 and following of the code civil.
The legal guarantee of conformity applies regardless of the commercial guarantee granted. The customer may at his choice request the implementation of the contractual warranty or rely on the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code with the option of opting for the cancellation of the sale or reduction of the price in accordance with Article 1644 of the Civil Code.
In the implementation of the legal guarantee of conformity, the customer has a period of two years from the delivery of the property to act against the seller.
The customer can choose between the repair or the replacement of the good subject to the conditions of costs envisaged by the article L 211-9 of the code of the consumption.
The customer is exempted from reporting the proof of the lack of conformity of the good for twenty-four months as from the delivery of the good.
The seller can combat this presumption if it is not compatible with the nature of the good or the lack of conformity invoked.
NEGOCE EN LIGNE’s advisers are in constant contact with the consumer services of the brands distributed and with repairers approved by the manufacturers.
NEGOCE EN LIGNE does not have any spare parts.
For any technical problem or request for information, contact our customer service by contact form, which will provide you with the contact details of the repairer authorized by the manufacturer.
As part of the return of an item under warranty, it must be returned in its original packaging, accompanied by any accessories, manuals and documentation, and the return agreement email customer service of the company NEGOCE EN LIGNE.
Any incomplete return or whose packaging is damaged will be refused and returned to the customer at his expense.
Article 11: Legal Information
The contractual information is presented in French.
Unemancipated minors do not have the capacity to contract and therefore order on our website.
All elements of this Site (text, photographs, illustrations, brands, logo, icons, etc.) are the exclusive property of NEGOCE EN LIGNE. These elements are protected by the French laws and the international texts relating to the respect of the copyrights, marks etc.
The putting on line of this Site does not carry license of use of the elements which appear there, such a use being subordinated to the written consent, preliminary and express of the owner of these elements.
Any reproduction or representation, even partial, by any means whatsoever, carried out without the written, prior and express consent of NEGOCE EN LIGNE is prohibited and illegal. Failure to comply with this prohibition constitutes an infringement that may incur the civil and criminal liability of the infringer.
Any use of the elements of this Site for purposes other than consultation, including for public, commercial or humorous purposes, may be subject to legal proceedings in France and abroad.
Article 12: Stealth Policy
The information of personal information collected for purposes of distance selling is mandatory, this information is essential for the processing and delivery of orders, the establishment of invoices and guarantee contracts.
The lack of information leads to the non-validation of the order.
This information also makes it easier for the client to use the site www.rinno-pros.fr/en by avoiding multiple re-keying’s, and to take full advantage of all the features offered by the site.
The user is informed that during his visits to the site, a cookie may be automatically installed on his browser. The cookie is a file that does not identify the user but is used to record information relating to the navigation of it on the site. The purpose of using these cookies is to personalize the presentation of the site for each visitor.
The customer is informed that he can decide to oppose the registration of these “cookies” by configuring his browser as follows:
For Mozilla Firefox:
Choose the “tool” menu then “Options”
Click on the “privacy” icon
Locate the “cookie” menu and select the options that suit you
For Microsoft Internet Explorer:
Choose the “Tools” (or “Tools”) menu, then “Internet Options” (or “Internet Options”).
Click on the tab “Confidentiality” (or “Confidentiality”)
select the desired level using the slider.
Choose the “File”> “Preferences” menu
The address of the customer is useful at the time of the order to send him his order within the time.
The customer’s telephone number allows NEGOCE EN LIGNE deliverers and customer service to contact the customer to follow up on their order.
The email address of the customer allows the company NEGOCE EN LIGNE to confirm the customer’s orders, to send his bill, as well as confirm all the answers that would be given over the phone by the customer service.
The customer’s bank details (credit card number, validity date) are encrypted by the SSL system. They are inaccessible by a third party.
In accordance with the law “Informatique et Libertés”, the processing of personal information relating to customers has been declared to the “Commission Nationale Informatique et Libertés” (CNIL). The customer has (article 34 of the law of January 6, 1978) a right of access, of modification, rectification and deletion of the data which concern him, which he can exert near the company NEGOCE EN LIGNE with the following address:
SARL NEGOCE EN LIGNE
99 rue des résistants
59280 Armentières, France
The Customer must send his signed application and a photocopy of an identity card bearing his signature. He must also indicate the address to which the answer must reach him. The customer can also modify at any time his contact details directly on the site www.rinno-pros.fr/en
Article 1641 of the Civil Code: The seller is bound by the guarantee for reasons of hidden defects in the thing sold, which renders it unsuitable for the use for which it is intended, or which reduces such use so much that the buyer would not have not acquired or would have given a lower price if he had known them.
Article 1648 paragraph 1 of the Civil Code: The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.
Article 2232 of the Civil Code
Postponement of the starting point, suspension or interruption of the prescription cannot have the effect of extending the period of extinctive prescription beyond twenty years from the date of birth of the right.
The first paragraph is not applicable in the cases referred to in Articles 2226, 2227, 2233 and 2236, in the first paragraph of Article 2241 and in Article 2244. It does not apply to actions relating to the state of the people.
Article L. 211-4 of the Consumer Code: The seller is required to deliver goods in accordance with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it has been charged to it by the contract or has been carried out under its responsibility.
Article L 211-5 of the Consumer Code
To be in conformity with the contract, the property must:
1. Be fit for the usually expected use of a similar good and, where appropriate:
– correspond to the description given by the seller and possess the qualities that he has presented to the buyer in the form of a sample or a model
– present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling
2. Or have the characteristics defined by mutual agreement by the parties or be fit for any special purpose sought by the buyer, made known to the seller and that the latter has accepted.
Article L.211-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L 211-16 of the Consumer Code:
When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or the repair of a piece of movable property, a restoration covered by the guarantee, any period of immobilization d at least seven days is added to the duration of the guarantee which remained to run. This period runs from the request for intervention of the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.
The consumer returns or returns the goods to the trader or to a person designated by the trader, without undue delay and, at the latest, within fourteen days of the communication of his decision to retract in accordance with Article L. 221-21 , unless the professional offers to recover these goods himself.
The consumer only bears the direct costs of returning the goods, unless the trader agrees to pay for them or if he has failed to inform the consumer that these costs are at his expense. However, for contracts concluded off premises, when the goods are delivered to the consumer’s home at the time of the conclusion of the contract, the professional recovers the goods at his own expense if they cannot be returned normally by post because of their nature.
The responsibility of the consumer can be engaged only in case of depreciation of the goods resulting from manipulations other than those necessary to establish the nature, the characteristics and the good functioning of these goods, provided that the professional informed the consumer of his right of withdrawal, in accordance with 2 ° of Article L. 221-5.
The right of withdrawal cannot be exercised for contracts:
1 ° Provision of services fully performed before the end of the withdrawal period and whose execution began after expressing prior consent of the consumer and expressly waived his right of withdrawal;
2 ° supply of goods or services the price of which depends on fluctuations in the financial market beyond the control of the trader and likely to occur during the withdrawal period;
3 ° Supply of goods made to the specifications of the consumer or clearly personalized;
4 ° Supply of goods likely to deteriorate or expire rapidly;
5 ° Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
6 ° supply of goods which, after being delivered and by their nature, are mixed inseparably with other articles;
7 ° Supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
8 ° Maintenance or repair work to be performed urgently in the consumer’s home and expressly requested by him, within the limits of spare parts and work strictly necessary to respond to the emergency;
9 ° Provision of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
10 ° supplying a newspaper, periodical or magazine, except for subscription contracts to such publications;
11 ° Concluded at a public auction;
12 ° Providing accommodation services, other than residential accommodation, goods transport services, car rental, catering or leisure activities that must be provided at a specified date or period;
13 ° Providing digital content not provided on a physical medium whose execution began after expressing prior consent of the consumer and expressly waived his right of withdrawal.