GENERAL TERMS AND CONDITIONS OF SALE
FSIMGAMES.COM / FELLOWSHIP OF SIMULATIONS SAS
These general terms and conditions of sale apply to all sales concluded on the Fellowship of Simulations website.
The fsimgames.com website is a service of :
The Fellowship of Simulations
Address: 42 rue Henri Barbusse 75005 Paris, France
WebsiteL: www. fsimgames.com
telephone number: +33 6 07 40 44 77
The Fellowship of Simulations website markets the following products: Strategy games in all media and especially physical, Serious games (training games) and associated printed materials.
The customer declares to have read and accepted the general terms and conditions of sale prior to placing the order. The validation of the order is thus worth acceptance of the general conditions of sale.
ARTICLE 1 – PRINCIPLES
The present general conditions express the entirety of the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.
These general terms and conditions of sale apply to the exclusion of all other conditions, and in particular those applicable for sales in shops or through other distribution and marketing channels.
They are available on the Fellowship of Simulations website and will prevail, where applicable, over any other version or any other contradictory document.
Seller and Buyer agree that these terms and conditions shall exclusively govern their relationship. 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 were to be lacking, it would be governed by the practices in force in the distance selling sector whose companies have their headquarters in France.
These general terms and conditions of sale are valid until 31 December 2021.
ARTICLE 2 – CONTENT
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the Fellowship of Simulations website.
The present conditions only concern purchases made on the Fellowship of Simulations website.
These purchases concern the following products: Strategy games.
ARTICLE 3 – PRE-CONTRACTUAL INFORMATION
The buyer acknowledges having been informed, prior to the placing of his order and the conclusion of the contract, 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 consumer code.
The following information shall be provided to the buyer in a clear and comprehensible manner:
– the essential characteristics of the property;
– the price of the good and/or the method of calculating the price ;
– if applicable, any additional transport, delivery or postage costs and any other possible costs payable ;
– in the absence of immediate performance of the contract, the date or period within which the seller undertakes to deliver the goods, whatever their 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 methods of implementation of guarantees and other contractual conditions.
ARTICLE 4 – THE ORDER
The buyer has the possibility to place his order online, from the online catalogue and by means of the form contained therein, for any product, within the limits of available stocks.
The buyer will be informed of any unavailability of the product or good ordered.
For the order to be validated, the buyer will have to accept, by clicking in the indicated place, the present general conditions. He will also have to choose the address and the mode of delivery, and finally validate the mode of payment.
The sale will be considered final:
– after sending to the buyer the confirmation of acceptance of the order by the seller by e-mail ;
– and after receipt of the full price by the seller.
Any order implies acceptance of the prices and description of the products available for sale. Any dispute on this point will take place within the framework of a possible exchange and the guarantees mentioned below.
In certain cases, including non-payment, incorrect address or other problem on the buyer’s account, the seller reserves the right to block the buyer’s order until the problem is resolved.
For any question relating to the follow-up of an order, the buyer can call the following telephone number: +33607404477, at the following days and times: Monday to Friday from 10am to 6pm, or send an email to the seller at the following email address: email@example.com.
ARTICLE 5 – ELECTRONIC SIGNATURE
The online supply of the buyer’s credit card number and the final validation of the order will be proof of the buyer’s agreement:
– Payability of the sums due under the purchase order;
– signature and express acceptance of all operations carried out.
In case of fraudulent use of the credit card, the buyer is invited, as soon as this use is noticed, to contact the seller at the following telephone number: +33 6 07 40 44 77.
ARTICLE 6 – ORDER CONFIRMATION
The seller provides the buyer with an order confirmation by e-mail.
ARTICLE 7 – PROOF OF THE TRANSACTION
The computerized registers, kept in the seller’s computer systems under reasonable conditions of security, shall be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable support that can be produced as proof.
ARTICLE 8 – PRODUCT INFORMATION
The products governed by these terms and conditions are those that appear on the seller’s website and that are indicated as sold and shipped by the seller. They are offered within the limits of available stocks.
The products are described and presented as accurately as possible. However, if errors or omissions may have occurred in this presentation, the seller cannot be held liable.
ARTICLE 9 – PRICES
The seller reserves the right to modify its prices at any time but undertakes to apply the current rates indicated at the time of the order, subject to availability at that date.
The prices are indicated in euros. They do not take into account the full delivery costs, which are invoiced in addition, and indicated before the validation of the order. The 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.
For all items shipped outside the European Union and to French overseas departments and territories, the price is calculated net of tax on the invoice but includes part of the extra shipping/handling costs to these destinations. Customs duties or any other duties or taxes may be payable. These duties and sums are the exclusive responsibility of the buyer, importer of the product(s), and are his sole responsibility, both in terms of declarations and payments to the competent authorities and bodies of his country.
If one or more taxes or contributions, in particular environmental taxes, were to be created or modified, whether upwards or downwards, this change could be passed on to the selling price of the products.
Free items (known as bonus or goodies) are limited to one per order while stocks last. As they are free, they cannot be the subject of a complaint.
ARTICLE 10 – METHOD OF PAYMENT
This is an order with an obligation to pay, which means that the placing of the order implies payment by the buyer.
To pay for his order, the buyer has, at his choice, all the payment methods made available by the seller and listed on the seller’s website. The buyer guarantees to the seller that he has the authorizations possibly necessary to use the payment method chosen by him, during the validation of the order form. The seller reserves the right to suspend any order management and any delivery in case of refusal of authorization of payment by credit card by the officially accredited organizations or in case 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 payment of the price is made in full on the day of the order, according to the following terms:
– Credit card
ARTICLE 11 – AVAILABILITY OF PRODUCTS – REFUNDS – RESCISSION
Except in cases of force majeure or during periods of closure of the online shop which will be clearly announced on the home page of the site, the shipping times will be, within the limits of available stocks, those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email.
For deliveries in Metropolitan France and Corsica, the delivery time is from 3 to 10 days from the day following the day the buyer placed his order, according to the following terms and conditions: Colissimo, Mondial relay or Chronopost. At the latest for all locations, the delay will be 30 working days after the conclusion of the contract.
For deliveries in French overseas departments and territories or another country, the delivery terms will be specified to the buyer on a case-by-case basis.
If the agreed delivery date or delivery period is not met, the Buyer shall, before breaking the contract, instruct the Seller to perform the contract within a reasonable additional period of time.
In the absence of execution at the end of this new deadline, the buyer may freely terminate the contract.
The buyer must complete these successive formalities by registered letter with acknowledgement of receipt or by writing on another durable medium.
The contract shall be deemed to have been terminated on receipt by the seller of the letter or writing informing him of such termination, unless the trader has performed in the meantime.
However, the purchaser may immediately cancel the contract if the dates or deadlines seen above constitute for him an essential condition of the contract.
In this case, when the contract is terminated, the seller is obliged to reimburse the buyer for the totality of the sums paid, at the latest within 14 days of the date on which the contract was terminated.
In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the possibility to cancel his order. The buyer will then have the choice to ask either for a refund of the sums paid within 14 days at the latest of their payment, or for an exchange of the product.
If an order includes one or more pre-ordered products, the entire order will be shipped when the pre-ordered product(s) arrive in stock. If the customer wishes to receive the immediately available products more quickly, he will have to place two separate orders.
The release dates of the games are given only as an indication. They are communicated by our suppliers and the seller cannot be held responsible for the non-respect of the release date.
In the event of unavailability of a product after placing your order, we will inform you by e-mail or by mail as soon as we receive the information received by the suppliers. Your order will be automatically cancelled and you will be refunded within 48 hours if your bank account has been debited.
ARTICLE 12 – TERMS OF DELIVERY
Delivery means the transfer of physical possession or control of the goods to the consumer. The products ordered are delivered in the manner and within the period specified above.
The products are delivered to the address indicated by the buyer on the order form, the buyer must ensure its accuracy. Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer’s expense. The buyer may, at his request, obtain the sending of an invoice 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 mailbox, which will allow the package to be collected at the place and time indicated.
If at the time of delivery, the original packaging is damaged, torn, opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must imperatively refuse the package and note a reservation on the delivery slip (package refused because open or damaged).
The buyer must indicate on the delivery note and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products …).
This verification shall be deemed to have been carried out once the purchaser, or a person authorised by him, has signed the delivery note.
The buyer must then confirm these reservations to the carrier by registered mail within two working days following receipt of the item(s) and send a copy of this letter by fax or ordinary mail to the seller at the address indicated in the legal notice on the site.
If the products need to be returned to the seller, they must be requested to be returned to the seller within 14 days of delivery. Any claim made outside this period will not be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions, etc.).
ARTICLE 13 – ERRORS OF DELIVERY
The buyer must make any claim to the seller on the day of delivery or at the latest on the first working day following delivery, for any error of delivery and/or non-conformity of the products in kind or in quality with respect to the indications on the order form. Any claim made after this deadline will be rejected.
The complaint can be made, at the choice of the buyer:
– by phone at the following number: +33607404477 ;
– by e-mail at the following address: firstname.lastname@example.org.
Any claim not made in accordance with the rules defined above and within the time limits set out above cannot be taken into account and will release the seller from any liability towards the buyer.
Upon receipt of the complaint, the seller will assign an exchange number for the product(s) concerned and will communicate it by e-mail to the buyer. The exchange of a product can only take place after the allocation of the exchange number.
In the event of a delivery error or exchange, any product to be exchanged or refunded must be returned to the vendor in its entirety and in its original packaging, by registered Colissimo, to the following address: 42 rue Henri Barbusse, 75005 Paris.
The costs of return are at the expense of the seller.
ARTICLE 14 – PRODUCT WARRANTY
14-1 LEGAL GUARANTEE OF CONFORMITY
The seller guarantees the conformity of the goods sold to the contract, allowing the buyer to make a claim under the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code.
In case of implementation of the legal guarantee of conformity, it is reminded that :
– the buyer has a period of 2 years from the delivery of the good to act;
– the buyer can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-17 of the Consumer Code ;
– the buyer does not have to provide proof of the non-conformity of the goods during the 24 months in the case of new goods (6 months in the case of second-hand goods), following delivery of the goods.
For deliveries outside France, the seller cannot be held responsible for non-compliance with the regulatory and legislative provisions in force in the country of receipt, the seller’s liability is systematically limited to the value of the product in question, value at the date of sale and without any possibility of recourse against the brand or the producer of the product.
14-2 LEGAL WARRANTY FOR HIDDEN DEFECTS
In accordance with articles 1641 and following of the civil code, the seller is responsible for hidden defects that may affect the property sold. It will be up to the buyer to prove that the defects existed at the time of the sale of the property and are of such a nature as to render the property unfit for the use for which it is intended. This guarantee must be implemented within two years from the discovery of the defect.
The buyer can choose between the resolution of the sale or a reduction of the price in accordance with article 1644 of the civil code.
ARTICLE 15 – RIGHT OF WITHDRAWAL
Application of the right of withdrawal
In accordance with the provisions of the Consumer Code, the buyer has a period of 14 days from the date of delivery of his order to return any item that does not suit him and request an exchange or refund without penalty, except for the return costs which remain the responsibility of the buyer.
Returns are to be made in their original condition and complete (packaging, accessories, instructions …) allowing their re-marketing in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete products will not be taken back.
The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this case, an acknowledgement of receipt on a durable medium will be immediately communicated to the buyer. Any other method of declaration of withdrawal is accepted. It must be unambiguous and express the will to withdraw.
In case of exercise of the right of withdrawal within the above-mentioned period, the price of the product(s) purchased shall be refunded and the delivery costs shall be reimbursed.
The costs of return are at the expense of the buyer.
The exchange (subject to availability) or refund will be made within 48 hours, and at the latest, within 14 days from receipt by the seller of the products returned by the buyer under the conditions provided for above.
According to Article L221-28 of the Consumer Code, the right of withdrawal may not be exercised for contracts:
– for the supply of goods whose price depends on fluctuations on the financial market beyond the control of the trader and likely to occur during the withdrawal period;
– the supply of goods made to the consumer’s specifications or clearly personalised;
– the supply of goods which are 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 articles;
– the supply of alcoholic beverages whose
deferred for more than 30 days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market which are beyond the trader’s control ; –
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 meet the emergency;
– the supply of audio or video recordings or computer software where these have been unsealed by the consumer after delivery ; – the supply
of a newspaper, periodical or magazine, except for contracts for subscriptions to such publications;
– the supply of digital content not supplied on a physical medium, the performance of which has commenced after the consumer’s express prior agreement and express waiver of his right of withdrawal.
ARTICLE 16 – FORCE MAJEURE
Any circumstances beyond the control of the Parties which prevent the performance of their obligations under normal conditions shall be considered as grounds for exemption from the Parties’ obligations and shall lead to their suspension.
The party invoking the circumstances referred to above shall immediately notify the other party of their occurrence, as well as of their disappearance.
Will be considered as cases of force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. The following are expressly considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the stoppage of telecommunications networks or difficulties specific to telecommunications networks external to the customers.
The parties will come together to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure lasts more than three months, these general conditions may be terminated by the injured party.
ARTICLE 17 – INTELLECTUAL PROPERTY
The content of the website remains the property of the seller, the sole owner of the intellectual property rights on this content.
Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly forbidden and is likely to constitute an offence of counterfeiting.
ARTICLE 18 – DATA PROCESSING AND LIBERTIES
The nominative data provided by the buyer are necessary for processing his order and for the establishment of invoices.
They may be communicated to the vendor’s partners responsible for the execution, processing, management and payment of orders. Fellowship of Simulations is committed to ensuring that the subcontractors and partners concerned comply with the RGPD regulations.
The processing of information communicated through the Fellowship of Simulations website has been declared to the CNIL.
The buyer has a permanent right of access, modification, rectification and opposition regarding the information concerning him. This right can be exercised under the conditions and according to the modalities defined on the Fellowship of Simulations website.
ARTICLE 19 – PARTIAL NON-VALIDATION
If one or more stipulations of these general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain their full force and scope.
ARTICLE 20 – NON-WAIVER
The fact for one of the parties not to take advantage of a breach by the other party to any of the obligations referred to in these terms and conditions cannot be interpreted for the future as a waiver of the obligation in question.
ARTICLE 21 – TITLE
In case of difficulty of interpretation between any of the headings at the beginning of the clauses and any of the clauses, the headings will be declared non-existent.
ARTICLE 22 – LANGUAGE OF THE CONTRACT
The present general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
ARTICLE 23 – MEDIATION
The buyer may have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (Consumer Mediation Commission) or with existing sectoral mediation bodies, or to any alternative dispute resolution method (e.g. conciliation) in the event of a dispute.
ARTICLE 24 – APPLICABLE LAW
The present general conditions are subject to the application of French law. The competent court is the tribunal d’instance for disputes whose amount is less than or equal to €10,000 or the tribunal de grande instance for disputes whose amount is greater than €10,000.
The same applies to the substantive rules as to the formal rules. In the event of a dispute or complaint, the buyer shall first contact the seller to obtain an amicable solution.
ARTICLE 25 – PROTECTION OF PERSONAL DATA
The personal data collected on this site are as follows:
– account opening: when the user’s account is created, the user’s surname; first name; email address; postal address ;
– connection : when the user connects to the website, the user records, in particular, his surname, first name, connection, use, location and payment data;
– profile : the use of the services provided on the website allows to fill in a profile, which may include an address and a telephone number ;
– payment: in the context of payment 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, the data concerning the user’s communications are subject to temporary storage ;
– cookies: cookies are used, as part of the use of the site. The user has the possibility to deactivate cookies from the parameters of his browser.
Use of personal data
The personal data collected from users is used to provide the website’s services, to improve them and to maintain a secure environment. More specifically, the uses are as follows:
– access and use of the website by the user ;
– management of the operation and optimization of the website ;
– verification, identification and authentication of the data transmitted by the user ;
– offering the user the possibility to communicate with other users of the website;
– implementation of user support ;
– personalization of the services by displaying ads based on the user’s browsing history, according to his preferences ;
– prevention and detection of fraud, malware (malicious software) and security incident management ;
– management of possible disputes with users ;
– sending commercial and advertising information, according to the user’s preferences.
Sharing of personal data with third parties
Personal data may be shared with third party companies in the following cases:
– when the user uses payment services, for the implementation of these services, the website is in relation with third party banking and financial companies with which it has concluded contracts ;
– where the user publishes publicly available information in the free comment areas of the website;
– when the user authorises the website of a third party to access his 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 user data in the context of the performance of these services and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data;
– if required by law, the website may carry out the transmission of data in order to pursue claims against the website and to comply with administrative and legal procedures;
– if the website is involved in a merger, acquisition, disposal of assets or receivership proceedings, it may be required to sell or share all or part of its assets, including personal data. In this case, users would be informed before personal data is transferred to a third party.
Security and Confidentiality
The website implements organisational, technical, software and physical measures in the area of digital security 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
Implementation of 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: email@example.com.
• the right of access: they can exercise their right of access, to know the personal data concerning them. In this case, before implementing this right, the website may request proof of the user’s identity 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 of data deletion: users may request the deletion of their personal data, in accordance with applicable data protection laws.
• the right to limit processing: users may ask the website to limit the processing of personal data in accordance with the assumptions provided for by the RGPD.
• the right to object to the processing of data: users can object to their data being processed in accordance with the assumptions set out in the DPMR.
• the right to portability: they can request that the website gives them the personal data provided to it to be transferred to a new website.
Evolution of this clause
The website reserves the right to make any changes to this privacy 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 website. The website will also inform users of the change by e-mail, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he has the possibility to delete his account.
ARTICLE 26 – DEMATERIALISED PRODUCTS
Special conditions for the sale of dematerialized products
It is necessary to download the latest version of Adobe Acrobat Reader (version 9) to view the contents of the PDFs. This software is free and you can download it here.
These terms and general technical constraints are presumed to be known and accepted at the time of ordering. Under no circumstances may a claim or request for reimbursement be made on the basis of a lack of knowledge or refusal of these general technical terms and constraints.
Technical protective measures
We draw your attention to the fact that the files of the dematerialized products are, with few exceptions, protected against copying by technical protection measures or Digital Rights Management systems and are watermarked (name, first name, e-mail, order number).
The digital files proposed by Fellowship of Simulations SAS are only intended for private use, any reproduction, representation or collective public use is prohibited and exposes its author to prosecution under the provisions of the intellectual property code in force.
Order and Delivery
Once your payment has been validated, the order is confirmed and can no longer be cancelled or refunded.
After validation of your order, you will receive an order confirmation e-mail to the e-mail address associated with your customer account. This e-mail contains a link to a page where you can download the digital files you ordered. The sending of this e-mail is equivalent to an acknowledgement of receipt of your order. Access to the purchased files is open to you on a personal basis only and remains valid indefinitely, from the moment the order is recorded.
You will be able to find all the files of the dematerialized products purchased in the “My downloadable products” section of your account on the Fsimgames.com
Once you have received the download links for the digital files you ordered, you no longer have any possibility of cancelling your order and the price of your purchase will be automatically debited, even if you subsequently decide not to download the said files.
As soon as the download links are sent, orders for digital files are considered firm and final and cannot be exchanged or refunded.
The withdrawal period of fourteen working days provided for in Article L.121-20-20 of the French Consumer Code cannot apply, once the order has been executed by sending download links, which is equivalent to final delivery of the product.
In the event of difficulties, and in particular if you do not receive the download links, or if you have problems reading online the e-mail address associated with your customer account, you can contact Fellowship of Simulations SAS via the customer service address: Fellowshipofsimulations@gmail.com.
Fellowship of Simulations SAS cannot be held responsible for the limitations related to the Internet network and in particular its technical performance and response times for consulting, querying or transferring data. In addition, it is your responsibility to take all appropriate measures to protect your own data and software from contamination by possible computer viruses.
In certain countries, the laws in force prohibit or restrict free access to certain works; the purchaser undertakes to check that, in view of the law of the place of order, there are no similar prohibitions or restrictions concerning the digital files ordered.
Fellowship of Simulations cannot be held responsible for any possible malfunction occurring at the time of downloading the digital files ordered and which is not their fault.
ARTICLE L. 217-4
“The seller shall deliver goods in conformity with the contract and shall be liable for any lack of conformity existing at the time of delivery.
He shall also be liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter has been entrusted to him by the contract or has been carried out under his responsibility”.
ARTICLE L. 217-5
“The asset is in conformity with the contract:
1° If it is fit for the use usually expected of a similar good and, where appropriate :
– if it corresponds to the description given by the seller and has the qualities which the seller has presented to the buyer in the form of a sample or model ;
– if it has the qualities that a buyer 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 if it is suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter”.
ARTICLE L. 217-6
“The seller is not bound by 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. 217-7
“Any lack of conformity which appears within twenty-four months from the delivery of the goods shall be presumed to exist at the time of delivery, unless proven otherwise. For second-hand goods sold, this period is set at six months. The seller may rebut this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked”.
ARTICLE L. 217-8
“The buyer is entitled to demand that the goods conform to the contract. He may not, however, contest conformity by invoking a defect which he knew or could not have been unaware of when he entered into the contract. The same applies when the defect has its origin in the materials which he himself has supplied”.
ARTICLE L. 217-9
“In the event of lack of conformity, the buyer chooses between repairing or replacing the goods. However, the seller may not proceed according to the buyer’s choice if this choice entails a cost that is manifestly disproportionate to the other method, taking into account the value of the good or the importance of the defect. In such a case, the seller shall, unless this is impossible, proceed in accordance with the method not chosen by the buyer”.
ARTICLE L. 217-10
“If the repair and replacement of the good are impossible, the buyer may return the good and have the price refunded or keep the good and have part of the price refunded. The same option is open to him: 1° If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month following the buyer’s complaint; 2° Or if this solution cannot be implemented without major inconvenience for the buyer given the nature of the good and the use he is seeking. However, the sale may not be rescinded if the lack of conformity is minor”.
ARTICLE L. 217-11
The application of the provisions of articles L. 217-9 and L. 217-10 takes place at no cost to the buyer. These same provisions do not prevent the allocation of damages.
ARTICLE L. 217-12
“Action resulting from lack of conformity shall be time-barred two years after delivery of the goods.”
ARTICLE L. 217-13
“the provisions of this section do not deprive the buyer of the right to exercise the action resulting 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. 217-14
“An action for recourse 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. 217-15
“The commercial guarantee shall mean any contractual commitment by a trader to the consumer for the refund of the purchase price, the replacement or repair of the goods or the provision of any other service in relation to the goods, in addition to his legal obligations to ensure the conformity of the goods.
The commercial guarantee shall be the subject of a written contract, a copy of which shall be given to the buyer.
The contract shall specify the content of the guarantee, the terms of its implementation, its price, its duration, its territorial scope and the name and address of the guarantor.
In addition, it states clearly and precisely that, independently of the commercial guarantee, the seller remains bound by the legal guarantee of conformity mentioned in Articles L. 217-4 to L. 217-12 and that relating to defects in the thing 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 Civil Code are reproduced in full in the contract.
In the event of non-compliance with these provisions, the guarantee shall remain valid. The buyer is entitled to avail himself of them.”
ARTICLE L. 217-16
“When the buyer requests from the seller, during the course of the commercial guarantee which was granted to him at the time of the acquisition or repair of a movable asset, a restoration covered by the guarantee, any period of immobilisation of at least seven days is added to the duration of the guarantee which remained to run.
This period shall run from the date of the buyer’s request for intervention or from the date on which the goods in question are made available for repair, if this availability is subsequent to the request for intervention.
“The seller is bound by the warranty for hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish that use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known about them.
“The action resulting from redhibitory defects shall be instituted by the buyer within a period of two years from the discovery of the defect. In the case provided for by Article 1642-1, the action shall be instituted, under penalty of foreclosure, within a period of one year following the date on which the seller may be discharged from the apparent defects or defects of conformity.