Terms of sale
1 - Designation of the Parties
1.1. Pompom Paris
1.1.1. The website www.pompom-paris.com (The" Site ") Is published and operated by the company POMPOM, a simplified joint-stock company with a single partner with a capital of 1,000.00 euros, located 37 rue de Grenelle, 75007 Paris (France), registered in the Paris Trade and Companies Register (05) under the number 878 We "Or" POMPOM ”). IntraCommunity VAT: FR 4878231505.
1.1.2. The Site is hosted by the company Squarespace Ireland Ltd, a company incorporated according to Irish laws, located Le Pole House, Ship Street Great, Dublin 8, Ireland, registered as number 527641.
1.1.3. If you have any questions, you can contact us by mail at the address above, by email at Contact@pompom-paris.com , Or through the dedicated contact form, heading « Contact us "From the Site's drop-down menu (the" Service customer ”). You can also contact the host by mail at the address above or by phone at + 35 (0) 319058597.
1.2. The customer
1.2.1. POMPOM products are offered for sale on the Site to non-professional customers with the quality of the end consumer (" You "Or the" Customer ”). Within the meaning of the preliminary article of the Consumer Code, the consumer is defined as" Any natural person who acts for purposes which do not fall within the framework of his commercial, industrial, artisan or liberal activity ".
1.2.2. Before your order, You certify your purchase on the Site is not part of a professional activity and is limited to personal use; POMPOM reserves the right to refuse any order of products that clearly do not correspond to a consumer retail sale. You also certify that you are civil capable of contracting a sales contract and paying the price of the order.
2.1.1. These Terms and Conditions of Sale (" CGV ") Are intended to inform You about the terms and conditions of order, sale and delivery of the products offered for sale on the Site, as well as to govern the rights and obligations of the parties for the sale of the products purchased by the customer on the Site.
2.1.2. Before confirming your order, you are systematically invited to read and accept the GGCs. POMPOM invites you to carefully read all the contractual provisions of the GGCs before placing an order. You can always read the CGV on the Site before confirming your order, accessible from the bottom of each of the pages of the Site. You can also reach the customer service for any questions relating to the CGV. The fact of ordering carries your full and unreserved consent to the CGV, which You certify having read and understood.
2.1.3. The CGV are supplemented by the General conditions of use Of the Site and The terms of protection of the customer's personal data , Accessible from the bottom of each of the pages of the Site. You can also consult the heading" FAQ Which provides additional information on the products and synthesizes the terms of order, delivery and conditions of return and refund. You certify that the terms of the GGCs take precedtions over any other provision of the Website relating to the terms of order, delivery and conditions of return and refund.
2.2 Application area
The CGV apply to all distance sales of all products offered by POMPOM on the Site.
We may have to modify or update the site's GVCs at any time, in particular in application of a legislative or regulatory provision or to adapt them to changes in the activities and/or content of the Site. In this case, We will inform You by email, and the GGCs will be opposed to the Customer only after they are put online, for any new orders. Consequently, the new GGCs cannot in any way apply to contracts concluded previously. Thus, the applicable GGCs are those in force at the time you place an order on the Site.
3 - Products
3.1 Product Features
3.1.1. Before your order, You can access the description of the essential characteristics of all the products offered for sale by POMPOM on the Site, by clicking on the product (s) concerned (s) (photographs, colors, sizes, description, composition, maintenance, etc.). These are written in French and English languages. You can also reach the Customer Service.
3.1.2. You can consult the headings" About "And" FAQ Which provide additional information on products and POMPOM.
3.2 Availability of products
3.2.1. The products offered for sale on the Site are available within the limits of the stocks of POMPOM and/or its suppliers. You can reach the customer service for any questions relating to product availability.
3.2.2. If it turns out that one or more products you ordered are no longer available, we will notify you as soon as possible and we will cancel your order. In this case, You will be fully refunded the price of the unavailable product (s) as well as any delivery fees paid relating to the unavailable product (s), within 14 (fourteen) days from the payment of your order. The cancellation of your order will only apply to the unavailable product (s). As a result, your order will be maintained in respect of the available product (s), and You will not be refunded for the shipping fees paid for the available and delivered product (s).
3.2.3. POMPOM reserves the right to modify the catalog of products offered for sale on the Site, without prejudice to orders previously placed by the customer.
We offer You the right to pre-order some of the products offered for sale on the Site, in which case the terms of the CGV apply to all pre-orders, subject to their specific provisions for pre-orders.
3.4 Product Compliance
The products comply with the French legislation in force at the time they are offered for sale on the Site.
4.1 Sale price
4.1.1 The selling prices of the products are displayed on the Site by clicking on each of them. In accordance with article L. 112-1 of the Consumer Code, all prices indicated on the Site are displayed in euros (€) and include the Value Added (VAT) tax, excluding the cost, if any, of delivery costs. Delivery costs are in addition to the displayed prices of the products. They depend on the delivery method you have selected. They are indicated under the tab" Delivery "From the heading" FAQ And are recapitulated during the ordering process before you confirm your order.
4.1.2. If You wish to be delivered to one of the member countries of the European Union other than France, the prices are displayed by including the Value Added tax (VAT) or excluding tax (HT), according to the tax regime applicable to the country of destination. If you wish to be delivered outside the European Union, the prices are displayed excluding tax (H.T). In the latter case, the sale prices displayed do not include any customs taxes applicable in the country of destination. If applicable, you may be required to pay the applicable customs duties to the local authorities, unless the carrier has previously paid the applicable customs duties. In this case, You are required to reimburse, on proof, the corresponding sum to the carrier. In any event, You certify that POMPOM cannot be considered liable for any applicable customs duties. If applicable, we invite you to contact the local authorities in the country where the order is destined for the payment of the Value Added (VAT) tax. You can also reach the Customer Service.
4.1.3. The total amount owed by the Customer, distinguishing the price of the product (s) from any delivery charges and/or Value Added Tax (VAT) and/or customs duties, is indicated before you definitively validate your order.
4.2 Price in force and modification
The selling prices in force are those displayed on the Site on the day of the order. POMPOM reserves the right to modify its prices at any time, while guaranteeing the application of the price in force displayed at the time of the order.
5.1.1 You must log in to your personal account to place order. If You do not yet have an account, you are invited to create a personal account at the beginning of the order process. You can consult The General Terms and Conditions of Use of the Site To know the terms of creation of a personal account.
5.1.2 The Customer places an order from the Site. You can select the product (s) that you want to purchase by clicking on the" Add "Or" Pre-Order ", Depending on, and indicate the desired quantity. The selected product (s) is then/are added to the Basket, the window of which opens once you have clicked Add "Or" Pre-Order ". You can either continue browsing the Site by closing the Shopping Cart window or be directed to the process of placing your order by clicking on" Payer ". All selected products are collected in the" Basket ”, From which you can check the details of your order and its total price, excluding shipping costs. You can also correct your order by changing the desired quantity and/or deleting the added product (s).
5.1.3 Once the contents of the Basket have been checked, you need to click on the icon « Payer To start the order process. You are then invited to fill in the information that We are necessary for the processing of your order: email address, first and last name, address and delivery instructions, and if you wish, mobile phone number. At this point, a window is displayed summarizing the product (s) you want to order, including the quantity and size, as well as the total price, distinguishing the amount of value added tax (VAT) from the total price of the order. Once this information is filled in, you must click on" Continue to shipping » To select the delivery method of your order. If applicable, the shipping costs are displayed according to the choice of delivery method offered to you. At this point, the summary window adds the cost of the delivery fee to the above information. Once the delivery mode has been selected, you need to click « Continue payment Select the payment mode of your order and, if necessary, specify whether you want to be delivered to a different address from the billing address. You are then invited to fill in the information that is necessary for the payment of your order and, if applicable, the address and delivery instructions. At this point, the summary window summaries the total price of your order including, if applicable, the Value Added tax and any delivery charges, distinguishing the amount corresponding to the Value Added (VAT) tax from the total price of the order.
5.1.4. If you benefit from a privilege code, you can enter it during the order process in the dedicated insert displayed in the summary window, and click" Apply ". The associated profit will apply to the total price of the order, excluding Value Added tax, delivery costs and/or any customs duties.
5.1.6. We confirm the receipt of your order by sending a first email to the address indicated, summarizing your order, containing link to the CGV. Your order will be prepared within 48 hours of receipt of the confirmation email, except pre-order products. A second email will be sent to the same email address, as well as an SMS, when your order is shipped.
5.2 Order cancellation
Once your order is placed, you can no longer cancel it. However, if you wish to cancel your order, we invite you to follow the procedures provided for the withdrawal procedure Article 9 «RETRACEMENT» Of the GVCs.
5.3 Archiving and evidence
The archiving of communications, orders and invoices is carried out on a reliable and durable medium so as to constitute a true and durable copy. We invite you to keep a reliable and durable copy of the items related to your order and delivery, such as a paper or digital medium.
6.1 Obligation to Pay
We remind you that placing an order implies the obligation for the Customer to pay the price of the products ordered and, if applicable, delivery. In this regard, You certify that you have the means and authorizations necessary to use the payment method used.
6.2.1 The payment methods accepted on the Site are displayed at the bottom right of each of the pages of the Site, under the tab" Order "From the heading" FAQ "And during the ordering process. The payment of the order is made only in euros, by bank card or through the Customer's PayPal account.
6.2.2 In case of payment by bank card, only VISA, MasterCard and American Express cards are accepted. Any bank fees and commissions are the exclusive responsibility of the customer. The Site uses the Hyper text Transfer Protocol Secure (HTTPS) standard, a security protocol that aims to encryption the information exchanged between different websites in order to secure data transfers. It also uses 3D SECURE bank security, an authentication procedure for the holder of the bank card, to ensure that the person carrying out the order is the same as the one who makes the payment on the internet. SECURE 3D bank security only applies to VISA and MasterCard cards. During this process, the payment of your order is likely to be suspended if the security device notices a significant geographical difference between the place where the payment is made, and the delivery place provided. Depending on your banking institution, you can also be redirected to an authentication page of your banking institution to validate your payment.
The products ordered remain the property of POMPOM until full payment of their price, including all taxes and delivery costs, by the Customer.
8-Delivery and reception
8.1 Place of delivery
8.1.1 The delivery of the products ordered comes to the delivery address indicated by the Customer. As a result, You undertake to communicate an exact shipping address.
8.1.2 If you want to change the shipping address after you confirm your order, we invite you to contact the customer service and provide us with the new shipping address. We will contact our delivery providers to check if the delivery of your order can occur at the new address provided. POMPOM is only required to apply this change to the extent that it is still reasonably possible at the time of its notification. If applicable, additional shipping charges may need to be paid, which we will communicate to you before changing the shipping address of your order.
8.2 Delivery costs
The details of the shipping costs, depending on each mode, are shown under the tab « Delivery "From the heading" FAQ "And during the ordering process.
8.3 Delivery terms and times
8.3.1 Before confirming your order, you must select the delivery method from the following terms:
Delivery by Colissimo Standard
Delivery by Colissimo Standard is made by La Poste SA. It is carried out with tracking number, without delivery against the signature of the customer. Delivery occurs, from the date on which the preparation of your order is finalized and You is confirmed by sending an email and/or an SMS:
- In Metropolitan France, Corsica and Monaco within 5 working days;
- Within DROM/COM, within 10 working days.
Delivery by Colissimo International
Delivery by Colissimo International is carried out by La Poste SA, and where applicable, its local partners in the destination countries. It is carried out with tracking number, without delivery against the signature of the customer. Delivery occurs, from the date on which the preparation of your order is finalized and You is confirmed by sending an email and/or an SMS:
- In the countries of the European Union within 10 working days;
- In countries outside the European Union within 20 working days.
8.3.2 When you order pre-order products, we will tell you once your order has passed the maximum time within which the ordered product (s) will be available. Once the ordered product (s) is/are available, we will notify you by email and your order will be shipped to you. Its delivery will take place within the delivery time stipulated in article 8.3.1 of the GGCs according to the delivery method you have chosen and the delivery address.
8.3.3. We communicate to you by email and/or SMS the parcel number allowing you to track the progress of the transport and the delivery of your order.
8.3.4. Deliveries by Colissimo International made outside metropolitan France, Corsica, DROM/COM and Monaco are likely to be carried out by the local partners of the company La Poste SA. As a result, the terms of delivery of the products are likely to vary from one country to another. If you wish to be delivered outside a member country of the European Union, delivery times do not take into account, where applicable, the customs release times of the ordered product (s). We invite you to check with the post services and/or local carriers in the country of destination of the order for more information on the delivery of your order. You can also reach the Customer Service.
8.4. Delivery delay or default
8.4.1 The delivery times specified at the Article 8.2 GGCs are automatically suspended by any force majeure event resulting in the delay of delivery. If applicable, We will keep you informed, within a reasonable time, of cases and events that may disrupt the delivery process of the product (s) of your order.
8.4.2 Except in case of force majeure or fault of the Customer, if the order is not delivered within the specified time Article 8.2 Of CGV, You have the right to request the cancellation of your order, in whole or in part, according to the terms provided for in Article L. 216-2 of the Consumer Code, namely that:
- You must give us a formal notice to deliver your order on the same terms of delivery as those relating to the selected delivery method; if the delivery is not made within a reasonable additional time, the sale will be canceled as of right;
- If you justify the delivery time was an essential condition of the contract, you can cancel your order without delay.
To exercise any of these rights, you must send us a registered letter with acknowledgement of receipt or an email. We will refund the order amount and delivery costs within 14 (fourteen) days from the date of receipt of your letter or email. However, if your order is delivered in the meantime, you must return your order to us. Upon supporting evidence, the shipping fee paid to You will also be refunded within the same time frame.
8.5. Reservations on delivery
8.5.1 The risk of loss, degradation and/or theft of the product (s) of your order is transferred to you at the time you physically take possession of the delivery. In the event that You ask the carrier to deliver your order to a third party, these risks are also transferred to You at the time when the third party physically takes possession of the delivery. From the moment the risk is transferred to You, You certify that you assume any consequences relating to the loss, degradation and/or theft of the product (s) of your order.
8.5.2 Upon receipt of your order, You or the third party recipient must verify that:
- The package has no abnormalities or damage whatsoever;
- The delivered product (s) is/are compliant with your order.
When the package is damaged, you must refuse delivery, do not open the package, issue the reservations and describe the damage found accurately and completely on the delivery note, and then report it to us. When the package does not contain, partially or in whole, the product (s) you ordered, we invite you to inform us at receipt. Without prejudice to your right of withdrawal according to the terms provided for in the Article 9 Of CGV, You certify that failing to follow these procedures, You will not be able to claim the refund of your order or a new delivery of the desired product (s).
8.6. Failure to withdraw products ordered by the customer within the time limit
8.6.1 In the event of the absence of the Customer or the recipient of the order, a notice of passage is left by the carrier, indicating the address allowing to withdraw the package within a certain period. This period is, in principle, 15 (fifteen) days. Nevertheless, it may vary depending on the local peculiarities of the country of delivery. We invite you to contact local postal services and carriers or to contact the customer service.
8.6.2 In the event that You or the recipient of the order do not withdraw the package within the time limit, we will be automatically returned by the carrier. Within 14 (fourteen) days of receipt by POMPOM, we will refund the price of your order from the customer, after you receive the shipping charges, which are fully your responsibility. Within this same time, You have the option of requesting a new delivery of the ordered product (s). In this case, you will have to pay the new delivery fee, regardless of the amount of your order, and even if the first delivery fee was initially offered. The amount of delivery costs are specific to the delivery method you choose. They communicated to you before any new delivery of the ordered product (s).
9.1 Rights and withdrawal times
9.1.1 You have a period of time Fourteen (14) days from receipt of delivery Your order to exercise your right of withdrawal, without having to justify any reasons. When the fourteen (14)-day period shall be extended to the next working day on a Saturday, Sunday or non-working day.
9.1.2 POMPOM reserves the right to check the lot number of any product that you returned to Us under your right of withdrawal, to ensure that it is the product shipped. Any returned product whose lot number does not match the lot number of the one that was shipped to You will not be refunded, reclaimed or exchanged.
9.2 Terms of exercise of the right of withdrawal
9.2.1 To exercise your right of withdrawal, You must:
- Inform us of your decision to exercise your right of withdrawal within Fourteen (14) days from receipt of delivery Of the order, by mail or email; for this purpose, You are invited to use the detachable withdrawal form below Annex 1 ; Failing that, you must always indicate the number of your order on your mail or email to enable us to identify it;
- Once informed of your decision to exercise your right of withdrawal, you must return the product (s) concerned to us within a period of Fourteen (14) days from the sending of the withdrawal declaration , By post, at the address you have been indicated; the product (s) concerned must be returned to us in its/their original packaging, in perfect condition and accompanied by all the accessories and documents provided. Otherwise, the returned product (s) will not be refunded.
9.2.2 We recommend that we return the product (s) by a mode of transport allowing the tracking of the package and providing a certain date. In fact, the risk of loss, degradation and/or theft of the product (s) of your order is borne by the Customer.
9.2.3 Any shipping costs of the returned product (s) remain at your exclusive expense for all countries except France, and unless the delivery does not comply with your order. We will refuse mail or package sent to the port due.
9.3 Effects of withdrawal
9.3.1 In application of Article L. 221-24 of the Consumer Code, We will refund the price of the returned product (s), including shipping costs unless you have chosen a more expensive delivery method than the standard delivery method, at the latest 14 (fourteen) days from the date we were informed Your decision to exercise your right of withdrawal. This refund date may be deferred until the return product (s) received by POMPOM .
9.3.2 The bank card or PayPal account by which You paid for the order will be credited with the price of the returned product (s) and, subject to eligibility, delivery charges. In the event that You have applied a privilege code, only the price of the products ordered and paid will be refunded to You.
9.3.3 The benefits obtained when purchasing the returned product (s) will, if applicable, be canceled, including free delivery in the event that a partial withdrawal will bring the total amount of the order below the free shipping threshold. We will refund the overpayment of the order, including the applicable shipping charges.
10 - Garanties
10.1 We inform you that you have the legal guarantee of conformity, in application of Articles L. 217-4 and following of the Consumer Code, and of the legal guarantee relating to hidden defects, in application of articles 1641 et follows of the Civil Code, reproduced in the box below, for all products sold on the Site:
Legal guarantee of conformity
When acting as a legal guarantee of conformity, the Customer:
§ Has a period of 2 (two) years from the issuance of the property to act;
§ May choose between repair or replacement of the property, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
§ Is exempt from reporting proof of the existence of the lack of conformity of the property during the 6 (six) months following the delivery of the property. This period is extended to 24 (twenty-four) months from March 18, 2016, except for second-hand goods;
The legal guarantee of conformity applies regardless of any commercial guarantee made.
Legal guarantee relating to hidden defects
The Customer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, the customer can choose between the resolution of the sale or a reduction in the price in accordance with Article 1644 of the Civil Code.
POMPOM invites the customer to take note of Annex 2 containing the reproduction of the applicable texts relating to legal guarantees of conformity and hidden defects.
10.2 As a consequence of the legal guarantee of conformity, given the nature of the products sold on the Site, the customer may at his choice ask us either to replace the product (s) with an identical product, subject to the available stocks, or refund of the price of the product (s) And delivery costs, as well as return fees, on supporting evidence.
10.3 As a result of the legal guarantee of hidden defects, given the nature of the products sold on the Site, the customer may at his choice ask us for the total or partial refund of the price of the product (s) and the shipping costs, depending on whether or not you decide to keep the product (s).
10.4 To exercise one of the legal guarantees, we invite you to contact us.
11.1. The Site, as a whole and/or in its elements taken in isolation, each of which is the text, visual and/or sound elements that compose it (namely marks, logos, drawings and models, illustrations, photographs, publications, animations, videograms, the phonograms, Software, source codes and databases) as well as products and their accessories (presentation methods, packaging, etc.) Which are presented there for sale, are the exclusive property of POMPOM or the holders of the intellectual property rights concerned. All these elements are protected by copyright, trademark law, design law, patent law and/or rights Sui generis .
11.2 Accordingly, You certify that any reproduction, representation, communication, download, adaptation, translation, modification, extraction or use, total or partial, identical or similar, of any of these elements belonging to POMPOM or to a third party, For any reason and for any medium whatsoever requires the written and prior authorization of POMPOM or their holders, except when authorized by law. Otherwise, you are likely to carry out an act of infringement and/or unfair competition and/or parasitism, or to characterize an infringement of the personality rights of the holders of these rights.
12-Personal data & connection witnesses
We invite you to consult the terms of protection of Your personal data, accessible Here Or from the bottom of each of the pages of the Site, to obtain information relating to the protection of your personal data and the use of login witnesses.
13 - Service client
We invite you to contact the customer service for any questions relating to the characteristics of the products, the use of these products, your order, its delivery or any other additional questions.
POMPOM undertakes to fulfill its obligations resulting from GVCs in good faith. Subject to legal and regulatory provisions, we draw your attention to the fact that our liability cannot be sought if the non-performance of our obligations resulting from the GGCs results from the fault of a foreign third party in the performance of the services provided for in the CGV, the Customer or the occurrence of an event.
15-Applicable law, conflict resolution and competent court
15.1 In the event of a dispute arising on the occasion of the order or delivery of the products of the Site, the Customer has the possibility, before any legal action, to resort to an amicable solution and in particular to a conventional mediation procedure or to any other alternative method of dispute settlement, According to the following terms:
- The Customer and POMPOM can resolve a dispute through the Online Dispute Resolution platform set up by the European Commission, accessible at the following address: https://webgate.ec.europa.eu/odr / ; From this platform, the parties may file an online appeal against the other, who will be informed; the Customer and POMPOM will together choose an out-of-court dispute resolution body to which the Dispute Resolution platform will forward the dispute;
- The customer may also submit his complaint to the Mediator of consumption. 612-1 and following of the Consumer Code, accessible at the following address: http://www.medicys.fr/index.php/consommateurs / ; The Ombudsman may only be referred to by the client if no satisfactory reply has been given to the written complaint which he has previously addressed to POMPOM, within one year of this claim, and provided that the same dispute has not already been submitted to a Tribunal or an Editor.
15.2 The sales contract concluded between POMPOM and the Customer as well as these CGV are subject to French law. In the event of a dispute, the French courts are competent. However, if the client resides in a State other than France, he/she cannot be deprived of the protection afforded to him by the imperative rules of the legislation of his country of residence.
ANNEX 1: RETRACING TRAINER MODEL
You can complete and return the following form if you wish to retrace your order placed on www.pompom-paris.com In application of the Article 9 of the CGV Of the website, except exclusions or limits to the exercise of the right of withdrawal stipulated in that article.
For the attention of POMPOM PARIS, 37 rue de Grenelle, 75007 Paris (France) or Contact@pompom-paris.com
I hereby notify you of my withdrawal of the contract for the sale of the product below (*) :
Ordered the :……………………………………………………………………………………………….
Received the :……………………………………………………………………………………………………………
Order number : ……………………………………………………………………………………….
Name of the consumer (s) : …………………………………………………………………………………….
Address of the consumer (s) :
Signature of the consumer (s) (only in case of notification of this form on paper):
Date : ………………………………………………………………..
(*) Save unnecessary mentions
ANNEXE 2 : GARANTIES LEGALES
Legal guarantee of conformity
Article L. 217-4 of the Consumer Code :
“ The seller is required to deliver a good that complies with the contract and responds to the defects of conformity that exist upon delivery.
It also responds to defects in conformity resulting from the packaging, assembly instructions or installation when it has been borne by the contract or has been carried out under its responsibility. »
Article L. 217-5 of the Consumer Code :
“ To comply with the contract, the property must:
(1) Be suitable for the use usually expected of a similar property and, where applicable:
- Match the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
- Present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2 ° Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. »
Article L. 217-7 of the Consumer Code :
“ Defects of conformity which appear within a period of six months from the issuance of the property shall be assumed to exist at the time of delivery, unless proven otherwise.
The seller can combat this preseption if it is not compatible with the nature of the property or the lack of conformity invoked ".
Article L. 217-8 of the Consumer Code :
“ The buyer is entitled to require compliance of the property with the contract. He cannot, however, contest conformity by invoking a defect which he knew or could not ignore when he contracted. The same applies when the defect has its origin in the materials it has provided itself ".
Article L. 217-9 of the Consumer Code :
“ In the event of a lack of compliance, the buyer chooses between the repair and the replacement of the property.
However, the seller may not proceed according to the choice of the buyer if this choice results in a cost that is manifestly disproportionate with regard to the other modality, given the value of the good or the importance of the defect. He is then required to proceed, unless impossibility, according to the method not chosen by the buyer. »
Article L. 217-10 of the Consumer Code :
“ If the repair and replacement of the property are impossible, the buyer can return the property and have the price returned or keep the property and have part of the price returned.
The same faculty is open to him:
(1) If the solution requested, proposed or agreed under the section L. 217-9 Cannot be implemented within one month of the buyer's claim;
2 ° Or if this solution cannot be without major inconvenience for it, given the nature of the property and the use it seeks.
However, the resolution of the sale cannot be pronounced if the lack of conformity is minor » .
Article L. 217-11 of the Consumer Code :
“ The application of the provisions of the articles L. 217-9 and L. 217-10 Takes place without any cost to the buyer.
These same provisions do not preclude the allocation of damages ".
Article L. 217-12 of the Consumer Code :
“ The action resulting from the lack of conformity is prescribed by two years from the delivery of the property. »
Article L. 217-13 of the Consumer Code :
“ The provisions of this section do not deprive the buyer of the right to exercise the action resulting from the prohibitive vices as a result of the articles 1641 to 1649 The Civil Code or any other contractual or non-contractual action recognized by law ".
Legal guarantee of hidden defects
Article 1641 of the Civil Code :
“ The seller is bound by the guarantee because of the hidden defects of the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much, that the buyer would not have acquired it, or would not have given a lower price, if he had known them. »
Article 1644 of the Civil Code :
“ In the case of articles 1641 and 1643, the buyer has the choice to return the thing and to have the price returned, or to keep the thing and to have part of the price returned. »
Article 1648 paragraph 1 of the Civil Code :
“ The action resulting from the crippling vices must be brought by the purchaser within two years of the discovery of the vice. »