Terms and Conditions

GENERAL TERMS AND CONDITIONS OF SALE

of products online to individual consumers

 

 

Preamble 

 

These general terms and conditions of sale apply to all sales made on the MaisonDuTemps website.

 

The MaisonDuTemps.com website is a service provided by: 

• The MaisonDuTemps company
• Located in France
• Houseoftime.com
• Email: sav@maisondutemps.com

 

The MaisonDuTemps website sells the following products: Watches and Accessories.

The customer declares that they have read and accepted the general terms and conditions of sale prior to placing their order. Confirmation of the order therefore constitutes acceptance of the general terms and conditions of sale.

 

Article 1 - Principles

 

These general terms and conditions express the entirety of the obligations of the parties. 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 terms and conditions, including those applicable to sales in stores or through other distribution and marketing channels.

They are available on the MaisonDuTemps website and shall prevail, where applicable, over any other version or any other contradictory document.

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

If any condition of sale is missing, it shall be deemed to be governed by the practices in force in the distance selling sector for companies with their registered office in France.

These general terms and conditions of sale are valid until June 1, 2022.

 

 

Article 2 - Content

 

The purpose of these terms and conditions is to define the rights and obligations of the parties in connection with the online sale of goods offered by the seller to the buyer via the MaisonDuTemps website.

These terms and conditions apply only to purchases made on the MaisonDuTemps website and delivered exclusively in mainland France or Corsica. For deliveries to French overseas departments and territories or abroad, please send an email to the following address: sav@maisondutemps.com (The Great War and the Great Depression).

These purchases concern the following products: Watches and Accessories.

 

Article 3 - Pre-contractual information

 

The buyer acknowledges having received, prior to placing their order and entering into the contract, in a legible and comprehensible manner, these general terms and conditions of sale and all the information listed in Article L. 221-5 of the Consumer Code.

 

The following information is provided to the buyer in a clear and understandable manner:

- the essential characteristics of the property;

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

- where applicable, any additional transport, delivery, or postage costs and any other costs that may be payable;

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

- information relating to the seller's identity, postal address, telephone number, email address, and activities; information relating to legal guarantees, the functionality of digital content and, where applicable, its interoperability; and information relating to the existence and implementation of guarantees and other contractual conditions.

 

Article 4 - The order

 

The buyer may place an order online, from the online catalog and using the form provided therein, for any product, subject to availability.

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

In order for the order to be validated, the buyer must accept these terms and conditions by clicking in the indicated place. They must also choose the delivery address and method, and finally confirm the payment method.

The sale will be considered final:

- after sending the buyer confirmation of the seller's acceptance of the order by email;

- and after the seller has received payment in full.

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

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

For any questions regarding order tracking, the buyer may call the following telephone number: (cost of a local call), on the following days and times: Monday to Saturday, from 8 a.m. to 8 p.m., or send an email to the seller at the following email address: sav@maisondutemps.com.

Pre-orders 

Delivery time: Customers can expect to receive their watch within a maximum of 65 days from the date of pre-order.

Refunds: Refunds for funds provided for pre-orders will only be possible after the watch has been delivered. Funds will be automatically used to start production of watches as soon as the pre-order is placed.

Canceling a pre-order: If the customer wishes to cancel their pre-order, they must contact the website's customer service department for more information on how to cancel.

Pre-order changes: Any changes to pre-orders must be approved by the website's customer service department. If customers wish to change their delivery address, they can contact customer service at the following address: sav@maisondutemps.com (The Great War and the Great Depression). 

Warranty: All watches sold on the site are covered by a limited warranty. For more information on the warranty, please refer to the site's warranty policies.

Liability: The site is not responsible for delays or delivery errors caused by third parties, such as carriers or postal services.

Applicable law: The Terms and Conditions are governed by the laws in force in the country where the website's head office is located.

 

Article 5 - Electronic signature

 

The online provision of the buyer's credit card number and the final confirmation of the order shall constitute proof of the buyer's agreement:

- payability of amounts due under the purchase order;

- signature and express acceptance of all transactions carried out.

In the event of fraudulent use of the credit card, the buyer is requested to contact the seller at the following telephone number as soon as such use is detected: +33 6 08 14 99 53. 

 

Article 6 - Order confirmation

 

The seller shall provide the buyer with an order confirmation by email.

 

Article 7 - Proof of transaction

 

The computerized records stored in the seller's computer systems under reasonable security conditions shall be considered as proof of communications, orders, and payments between the parties. Purchase orders and invoices are archived on a reliable and durable medium that can be produced as evidence.

 

Article 8 - Product Information

 

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

The products are described and presented with the greatest possible accuracy. However, if errors or omissions have occurred in this presentation, the seller cannot be held liable.

Product photographs are not contractual.

 

Article 9 - Price

 

The seller reserves the right to modify its prices at any time but undertakes to apply the prices in effect at the time of the order, subject to availability on that date. 

Prices are quoted in euros. They do not include delivery costs, which are charged as an extra and indicated before the order is confirmed. Prices include VAT applicable on the day of the order, and any change in the applicable VAT rate will be automatically reflected in the price of products in the online store. 

If one or more taxes or contributions, particularly environmental taxes, are created or modified, whether upward or downward, this change may be reflected in the selling price of the products.

 

Article 10 - Payment method

 

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

To pay for their order, buyers may choose from any of the payment methods offered by the seller and listed on the seller's website. Buyers guarantee to the seller that they have the necessary authorizations to use their chosen payment method when confirming their order. The seller reserves the right to suspend any order processing and delivery in the event of refusal of authorization of payment by credit card by officially accredited bodies or in the event of non-payment. In particular, the seller reserves the right to refuse to make a delivery or to honor an order from a buyer who has not paid for a previous order in full or in part or with whom a payment dispute is currently being administered. 

Payment of the price shall be made in full on the day of the order, according to the following terms:

- Bank cards 

- Apple Pay 

- Scalapay

 

 

Article 11 - Product availability - Refunds - Cancellation

 

Except in cases of force majeure or during periods when the online store is closed, which will be clearly announced on the website's home page, shipping times will be as indicated below, subject to stock availability. Shipping times are calculated from the date the order is registered, as indicated in the order confirmation email.

For deliveries in mainland France and Corsica, the delivery time is 2 to 4 business days from the day after the buyer places their order, according to the following terms: By Colissimo. At the latest, the delivery time will be 45 business days after the conclusion of the contract.

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

In the event of failure to comply with the agreed delivery date or deadline, the buyer must, before terminating the contract, give the seller reasonable additional time to perform the contract.

If performance has not been completed by the end of this new period, the buyer may freely terminate the contract.

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

The contract shall be deemed terminated upon receipt by the seller of the letter or written notice informing them of this termination, unless the professional has fulfilled their obligations in the meantime.

However, the buyer may immediately terminate the contract if the dates or deadlines mentioned above constitute an essential condition of the contract for them.

In this case, when the contract is terminated, the seller is required to reimburse the buyer for all sums paid, no later than 14 days after the date on which the contract was terminated.

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

  

Article 12 - Delivery terms 

Delivery means the transfer of physical possession or control of the product to the buyer.
Orders are shipped according to the following terms and conditions.

 

Delivery address

Products are delivered to the address provided by the buyer when placing the order.
It is the buyer's responsibility to verify the accuracy and completeness of this information.

Any package returned due to an incorrect, incomplete, or changed address after shipment will be reshipped at the buyer's expense.
MaisonDuTemps cannot be held responsible for any delay, blockage, or loss attributable to these address errors.

 

Approximate timeframes

The delivery times indicated when placing your order are estimates based on average carrier delivery times.
They may vary due to external factors such as busy periods, logistical disruptions, customs, strikes, bad weather, etc.

Unless a firm date has been agreed, a reasonable delay beyond the estimated delivery date shall not justify any refund or compensation.

In accordance with Article L216-1 of the Consumer Code, delivery must take place no later than 30 days after the conclusion of the contract.
Beyond this period, the buyer may give formal notice to the seller and, in the event of non-performance, request the cancellation of the order and a full refund.

Absence at the time of delivery

In case of absence, a delivery notice or electronic notification will indicate the terms and conditions for picking up the package or arranging for a new delivery.

 

Checking packages

Upon receipt, the buyer must check the condition of the package and the products.

If the packaging is open or damaged, you must:
– immediately check the contents,
– refuse the package if the product is damaged,
– make specific and justified reservations on the delivery note.

Signing without reservation constitutes acceptance, and renders any subsequent dispute impossible.

Any complaints regarding empty, incomplete, or damaged packages must be reported to the seller within 24 hours of delivery.

 

Claim with the carrier

In accordance with Article L133-3 of the French Commercial Code, any reservations must be confirmed to the carrier by registered mail within three working days of delivery (excluding public holidays).
A copy must be sent to MaisonDuTemps within the same time frame.
Failure to do so will result in no investigation or compensation being possible.

 

Proof of delivery

Any package delivered with a signature or valid QR code is deemed to have been delivered and accepted.
After confirmation of delivery, no refund requests or claims for loss or theft will be accepted.

 

Force majeure

MaisonDuTemps cannot be held responsible for delays or inability to deliver due to external causes: strikes, natural disasters, logistical crises, etc.

 

Article 13 - Delivery errors/non-compliance 

Any complaints regarding:
– incorrect model,
– product not matching the order details,

must be made on the day of delivery or at the latest on the first working day following receipt.
After this time, the claim will be automatically rejected.

The complaint must be accompanied by visual evidence (photos/videos) clearly showing the error.
It must be sent to:
– sav@maisondutemps.com

– or tel.: +33 6 08 14 99 53

No returns can be made without the prior agreement of MaisonDuTemps.
An exchange form will be provided and must be included in the package.
Any returns without this form will be systematically refused.

Products must be returned:
– in their original condition, unworn, new,
– complete: packaging, protective elements, accessories, instructions,
– properly protected in suitable packaging.

Any product that has been used, damaged, is incomplete, or has been repackaged by the buyer cannot be exchanged or refunded.

The return must be made by tracked delivery and delivered against signature to the address indicated by the seller.

In the event of a proven delivery error or non-compliance confirmed by our teams, the return costs shall be borne by the seller.

 

Article 14 - Product warranty

 

14-1 Legal warranty of conformity

The seller guarantees that the goods sold comply with 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 the event of enforcement of the legal guarantee of conformity, it is noted that:

- The buyer has a period of two years from the delivery of the goods to take action.

- the buyer may choose between repair or replacement of the goods, subject to the cost conditions set out in Article L. 217-17 of the Consumer Code;

- The buyer does not have to provide proof of non-conformity of the goods during the 24-month period for new goods (6 months for used goods) following delivery of the goods.

 

14-2 Legal warranty against hidden defects

In accordance with Articles 1641 et seq. of the Civil Code, the seller is liable for any hidden defects that may affect the goods sold. It is the buyer's responsibility to prove that the defects existed at the time of sale and are such as to render the goods unfit for their intended use. This warranty must be invoked within two years of the discovery of the defect. 

The buyer may choose between cancellation of the sale or a reduction in price in accordance with Article 1644 of the Civil Code.

 

Commercial warranty

The products sold are also covered by a commercial warranty designed to guarantee their conformity and ensure the refund of the purchase price, replacement, or repair of the goods. It does not cover defects caused by abnormal or improper use or resulting from a cause unrelated to the intrinsic qualities of the products.

 

Article 15 – Returns, Exchanges, and Refunds

 

1) Return policy

Returned products must be:
– in perfect condition, neither worn nor damaged;
– complete (box, accessories, instructions, warranty card, etc.);
– returned in their original packaging or equivalent cardboard box to ensure they are protected;
– accompanied by the purchase invoice and/or the return form sent by email.

Any item that is incomplete, damaged, or poorly packaged, rendering it impossible to resell, will not be accepted for return or refund.

2) Exercising the right of withdrawal

The buyer has a period of 30 days from receipt to withdraw.
The request can be made via our contact form or by any other means clearly expressing the desire to withdraw.

3) Watches – Exchanges and refunds in mainland France

Exchanges
– Return shipping paid byMaisonDuTemps
– Free shipping for the new product
– Limited to one free exchange per order; beyond that, the buyer is responsible for shipping costs.

Refunds
– Return at the buyer's expense
– Flat-rate deduction of €3.90 from the refunded amount
– Refund within 7 to 14 days after compliance check

4) Accessories –  Exchanges and refunds in mainland France

(Bracelets, jewelry, watch rolls for 1 or 3 watches)
When ordered or returned alone:
– Return shipping costs to be paid by the customer, exchange or refund
– No return label provided
– Free return shipping in case of exchange

5) Returns outside mainland France

All returns from abroad are at the customer's expense, regardless of the reason.
A return label is only provided for Belgium.

6) Return address

MaisonDuTemps
14 Rue Augustin Fresnel – Bât. C – Lot 5
17180 Périgny – France

 

7) Exceptions

In accordance with Article L221-28 of the Consumer Code, the right of withdrawal does not apply to personalized products (engraving) or unsealed products that cannot be returned for reasons of hygiene or safety.

8) Holiday season – extension of the deadline

For all purchases made between November 1 and December 25, the return period is extended until January 31 inclusive.
The product must be new, unworn, unengraved, and returned complete in its original packaging.

This extension does not alter any of the conditions set forth above.

 

Article 16 - Force majeure

 

Any circumstances beyond the control of the parties that prevent the normal performance of their obligations shall be considered grounds for exemption from the parties' obligations and shall result in their suspension.

The party invoking the circumstances referred to above must immediately notify the other party of their occurrence and of their cessation.

Any facts or circumstances that are irresistible, external to the parties, unforeseeable, unavoidable, beyond the control of the parties, and which cannot be prevented by the latter, despite all reasonably possible efforts, shall be considered as cases of force majeure. In addition to those usually retained by the jurisprudence of French courts and tribunals, the following are expressly considered as cases of force majeure or fortuitous events: blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning, shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.

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

 

Article 17 - Intellectual Property

 

The content of the website remains the property of the seller, who is the sole owner of the intellectual property rights to this content.

Buyers agree not to make any use of this content; any reproduction of this content, in whole or in part, is strictly prohibited and may constitute an infringement of copyright.

 

Article 18 - Data Protection

 

The personal data provided by the buyer is necessary for processing their order and issuing invoices.

They may be communicated to the seller's partners responsible for the execution, processing, management, and payment of orders.

The processing of information communicated via the MaisonDuTemps website has been declared to the CNIL (French Data Protection Authority).

The buyer has the right to access, modify, rectify, and oppose any information concerning him/her at any time. This right may be exercised under the conditions and according to the procedures defined on the MaisonDuTemps website.

 

Article 19 - Partial invalidation

 

If one or more provisions of these terms and conditions are held to be invalid or declared as such pursuant to a law, regulation, or following a final decision by a competent court, the other provisions shall remain in full force and effect.

 

Article 20 - Non-waiver

 

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

 

Article 21 - Title

 

In the event of any difficulty in interpreting any of the headings appearing at the beginning of the clauses, and any of the clauses, the headings shall be declared non-existent.

 

Article 22 - Language of the contract

 

These general terms and 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 and dispute resolution

 

The buyer may resort to conventional mediation, in particular with the Consumer Mediation Commission or existing sectoral mediation bodies, or to any alternative dispute resolution method (e.g., conciliation) in the event of a dispute. The names, contact details, and email address of the mediator are available on our website.

 

In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform to facilitate the independent out-of-court settlement of online disputes between consumers and businesses in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.

 

Article 24 - Applicable law

 

These general terms and conditions are subject to French law. The competent court is the judicial court.

This applies to both substantive and procedural rules. In the event of a dispute or complaint, the buyer shall first contact the seller to seek an amicable solution.

 

Article 25 - Protection of personal data

 

Data collected 

The personal data collected on this site are as follows:

- Account opening: when creating a user account, their last name, first name, email address, phone number, and mailing address. 

- connection: When the user connects to the website, the website records, in particular, their last name, first name, connection data, usage data, location data, and payment data.

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

- Payment: in connection with the 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, data relating to the user's communications is temporarily stored;

- Cookies: Cookies are used in connection with the use of the website. Users can disable cookies in their browser settings.

 

Use of personal data 

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

- Access to and use of the website by the user;

- Management of website operation and optimization;

- Organization of the terms and conditions of use of the Payment Services;

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

- Offering users the opportunity to communicate with other users of the website;

- Implementation of user support;

- Personalization of services by displaying advertisements based on the user's browsing history, according to their preferences;

- Prevention and detection of fraud, malware (malicious software), and management of security incidents;

- Management of any disputes with users;

- Sending commercial and advertising information, based on user preferences.

Sharing personal data with third parties

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

- When the user uses payment services, in order to implement these services, the website is in contact with third-party banking and financial companies with which it has entered into contracts;

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

- When the user authorizes a third-party website to access their data;

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

- If required by law, the website may transmit data in order to respond to claims made against the website and to comply with administrative and judicial procedures;

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

Security and privacy

 

The website implements organizational, technical, software, and physical measures in terms of digital security to protect personal data against alteration, destruction, and unauthorized 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

 

In accordance with the regulations applicable to personal data, users have the following rights, which they may exercise by sending a request to the following address: sav@maisondutemps.com.

• Right of access: they may exercise their right of access to find out what personal data is held about 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 to rectification: if the personal data held by the website is inaccurate, they may request that the information be updated.
• Right to erasure: Users may request the deletion of their personal data in accordance with applicable data protection laws. 
• The right to restriction of processing: users may request that the website restrict the processing of personal data in accordance with the provisions of the GDPR. 
• The right to object to data processing: users may object to their data being processed in accordance with the provisions of the GDPR.  
• The right to portability: they may request that the website provide them with the personal data they have supplied so that they can transfer it to a new website.

Changes to this clause

The website reserves the right to make any changes to this clause relating to the protection of personal data at any time. If a change is made to this personal data protection clause, the website undertakes to publish the new version on its site. The website will also inform users of the change by email, at least 15 days before the effective date. If the user does not agree with the terms of the new version of the personal data protection clause, they have the option of deleting their account.

 

 

Article 26 - Specific Conditions for Personalized and Engraved Items

No right of withdrawal, exchange, or refund
In accordance with current legislation, personalized products, including engraved items, cannot be returned, exchanged, or refunded. Any personalization, such as engraving, makes the item unique and unsellable to other customers. 

 

Engraving tolerance
Although performed using a high-precision laser machine, engraving is a craft that requires human intervention to adjust certain parameters. A slight margin of tolerance is therefore to be expected in the final result. However, our teams ensure that they provide the highest quality engraving.

 

Longer delivery times

Due to the customization process involving engraving, delivery times may be extended by an additional 24 to 48 hours. This time is necessary to ensure meticulous workmanship, without rushing, in order to provide you with a product of the highest quality.

 

 

 

Appendix: 

 

Withdrawal form 

(to be completed by the consumer)

and sent by registered mail with return receipt requested,

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

 

Withdrawal form   To the attention of: House of Time located at: 14 Rue Augustin Fresnel / BAT C - LOT 5 / 17180 Périgny     phone number: 608 14 99 53 email address: sav@maisondutemps.com   I hereby notify you of my withdrawal from the contract for ....................., ordered on:  .........   Consumer's first and last name: ................. Consumer address: .................   Date: ..................   Consumer signature

 

 

 

 

Appendix:

 

Consumer Code

 

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.

It shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions, or the installation when the latter has been made its responsibility by the contract or has been carried out under its responsibility.

 

Article L. 217-5 : "The goods comply with the contract:

1° If it is fit for the purpose usually expected of a similar item and, where applicable:

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

- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling;

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

 

Article L. 217-6 : "The seller is not bound by the public statements of the producer or its representative if it is established that it was not aware of them and could not reasonably have been aware of them."

 

Article L. 217-7 : "Any lack of conformity which becomes apparent within twenty-four months of delivery of the goods shall be presumed to have existed at the time of delivery, unless proven otherwise. For second-hand goods, 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 claimed."

 

Article L. 217-8 : "The buyer is entitled to demand that the goods comply with the contract. However, they may not contest compliance by invoking a defect that they knew about or could not have been unaware of when they entered into the contract. The same applies when the defect originates in materials that they themselves supplied."

 

Article L. 217-9 : "In the event of a lack of conformity, the buyer may choose between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other option, taking into account the value of the goods or the significance of the defect. The seller is then required to proceed, unless this is impossible, with the option not chosen by the buyer."

 

Article L. 217-10 : “If repair and replacement of the goods are impossible, the buyer may return the goods and receive a refund or keep the goods and receive a partial refund. The same option is available to the buyer: 1° If the solution requested, proposed, or agreed upon in accordance with Article L. 217-9 cannot be implemented within one month of the buyer's complaint; 2° Or if this solution cannot be implemented without major inconvenience to the buyer, taking into account the nature of the goods and the use for which they are intended. 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 shall be at no cost to the buyer. These same provisions shall not preclude the award of damages.

 

Article L. 217-12 : "Action resulting from lack of conformity lapses 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 take action for latent defects as provided for in Articles 1641 to 1649 of the Civil Code or any other action of a contractual or non-contractual nature recognized by law."

 

Article L. 217-14 : "Recourse may be exercised by the final seller against successive sellers or intermediaries and the manufacturer of the tangible movable property, in accordance with the principles of the Civil Code.

 

Article L. 217-15 : "A commercial warranty refers to any contractual commitment made by a professional to a consumer with a view to refunding the purchase price, replacing or repairing the goods, or providing any other service related to the goods, in addition to their legal obligations to ensure the conformity of the goods. 

The commercial warranty is the subject of a written contract, a copy of which is given to the buyer. 

The contract specifies the content of the warranty, the terms and conditions of its implementation, its price, its duration, its territorial scope, and the name and address of the guarantor. 

Furthermore, it clearly and precisely states that, regardless of the commercial warranty, the seller remains bound by the legal warranty of conformity referred to in Articles L. 217-4 to L. 217-12 and by the warranty relating to defects in the item sold, under the conditions provided for 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 warranty remains valid. The buyer is entitled to invoke it.

 

Article L. 217-16 : "When the buyer asks the seller, during the term of the commercial warranty granted to them upon the purchase or repair of movable property, for a repair covered by the warranty, any period of immobilization of at least seven days shall be added to the remaining term of the warranty.

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 such availability is subsequent to the request for intervention.

 

Civil Code

 

Article 1641 : "The seller is bound by the warranty for hidden defects in the item sold that render it unfit for its intended use, or that diminish its use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had they been aware of the defects."

 

Article 1648 : “Action for latent defects must be brought by the purchaser within two years of discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller can be relieved of apparent defects or lack of conformity."