The Seller is subject to the conditions of legal guarantees provided for in Articles L. 211-4, L. 211-5 and L. 211-12 of the Consumer Code and Articles 1641 and 1648 of the Civil Code:
Art. L. 211-4 of the Consumer Code: "The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the instructions of assembly or installation when this has been charged to it by the contract or has been carried out under its responsibility".
Art. L. 211-5 of the Consumer Code: "To comply with the contract, the goods must:
1º Be suitable for the use usually expected of a similar good and, where applicable:
- correspond to the description given by the seller and possess the qualities that he has presented to the buyer in the form of a sample or a model;
- present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2º 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 seller's attention and which the latter has accepted".
Art. L. 211-12 of the Consumer Code: "The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods".
Art. 1641 of the Civil Code: "The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which diminish this use so much that the buyer would not have it acquired, or would have given only a lesser price, if he had known them".
Art. 1648 of the Civil Code: “The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. In the case provided for by article 1642-1, the action must be introduced, on pain of foreclosure, in the year following the date on which the seller can be discharged from the apparent defects or lack of conformity".
The preceding provisions are not exclusive of the application of the legal guarantee against hidden defects of articles 1641 and following of the Civil Code, in accordance with the provisions of article L. 217-4 of the Consumer Code.
The buyer may exercise these guarantees by sending his request to:
Company AGAIN [21 rue Duperré, 75009, PARIS]
When the Buyer acts as a legal guarantee of conformity, the provisions of article L217-4 of the Consumer Code apply:
“The good is in conformity with the contract if it meets in particular, where applicable, the following criteria:
1° It corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract;
2° It is suitable for any special use sought by the consumer, made known to the seller at the latest at the time of the conclusion of the contract and which the latter has accepted;
3° It is delivered with all the accessories and installation instructions, which must be supplied in accordance with the contract;
4° It is updated in accordance with the contract”.
Article L217-5 of the Consumer Code also provides:
"I.- In addition to the criteria of compliance with the contract, the good is compliant if it meets the following criteria:
1° It is specific to the use usually expected of a good of the same type, taking into account, if applicable, any provision of European Union law and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;
2° Where applicable, it has the qualities that the seller presented to the consumer in the form of a sample or model, before the conclusion of the contract;
3° Where applicable, the digital elements it contains are provided according to the most recent version available at the time of the conclusion of the contract, unless the parties agree otherwise;
4° Where applicable, it is delivered with all the accessories, including the packaging, and the installation instructions that the consumer can legitimately expect;
5° Where applicable, it is provided with the updates that the consumer can legitimately expect, in accordance with the provisions of Article L. 217-19;
6° It corresponds to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, which the consumer can legitimately expect for goods of the same type, having regard to the nature property as well as to public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labeling. »
As such, the Consumer:
- will benefit from a period of two years from the delivery of the property to act;
- may choose between repairing or replacing the goods subject to the cost conditions provided for in article L. 217-9 of the Consumer Code;
- will be exempted from providing proof of the existence of the lack of conformity of the goods during the six months following the delivery of the goods.
The conformity guarantee will apply independently of the commercial guarantee granted.
The Buyer may also decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code and, in this case, he may choose between the termination of the sale or a reduction in the price. of sale in accordance with article 1644 of the Civil Code.