Preamble

These general terms and conditions of sale apply to all sales concluded on the https://suzon-suzette.fr website.

The website https ://suzon-suzette.fr is a service of :

• SAS SUZON & SUZETTE
  located at 1 Avenue Charles André – 69230 SAINT-GENIS-LAVAL
• site URL address: https://suzon-suzette.fr
• e-mail : [email protected]
• telephone numbers: +33 6 63 58 46 75 or +33 6 81 65 33 00

The customer declares that he/she has read and accepted the general terms and conditions of sale prior to placing his/her order. Validation of the order therefore implies acceptance of the general terms and conditions of sale.

Article 1 – Principes

These general terms and conditions express the entirety of the obligations of the parties. The purchaser is deemed to accept them without reservation.

These general terms and conditions of sale apply to the exclusion of all other terms and conditions, in particular those applicable to in-store sales or sales via other distribution and marketing channels.

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

The seller and the buyer agree that the present 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 put online.

If a condition of sale should be lacking, it will be considered to be governed by the practices in force in the distance selling sector whose companies have their headquarters in France.

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 from the suzon-suzette.fr website.

The present conditions only concern purchases made on the suzon-suzette.fr website and delivered exclusively in mainland France or Corsica. For deliveries to French overseas departments and territories or abroad, please send a message to the following e-mail address: [email protected].

Article 3 – Pre-contractual information

The purchaser acknowledges that, prior to placing an order and entering into a contract, he/she has been provided, in a legible and comprehensible manner, with the present terms and conditions of sale and with all the information listed in article L. 221-5 of the French Consumer Code.

The following information is provided to the purchaser in a clear and comprehensible manner:

– the essential characteristics of the goods ;

– the price of the good;

– where applicable, any additional transport, delivery or postage costs and any other charges 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 price;

– information relating to the seller’s identity, postal, telephone and electronic contact details, and business activities, legal guarantees, digital content functionalities and, where applicable, interoperability, the existence and implementation of guarantees and other contractual conditions.

Article 4 – The order

All orders will only be validated once payment has been accepted.

SUZON & SUZETTE reserves the right to cancel or refuse an order in the event of a dispute with the Customer over a previous order.

SUZON & SUZETTE may accept orders while stocks last. SUZON & SUZETTE informs the Customer of the availability of Products sold on the Site at the time of order confirmation.

If, despite SUZON & SUZETTE’s vigilance, the Products are unavailable, SUZON & SUZETTE will inform the Customer by e-mail as soon as possible. The Customer may then cancel the order and be reimbursed for any sums already paid.

SUZON & SUZETTE shall in no way be held liable for the permanent or temporary unavailability of products, nor shall it give rise to any right to compensation or damages in favor of the Customer.

In certain cases, notably non-payment, incorrect address or other problem with the buyer’s account, the seller reserves the right to block the buyer’s order until the problem has been resolved.

For any questions relating to the tracking of an order, the buyer may call the following telephone numbers: +33 6 81 65 33 00 or +33 6 63 58 46 75 (cost of a local call), on the following days and at the following times: Monday to Friday, 9am to 6pm, or send an e-mail to the seller at the following e-mail address: [email protected].

Article 5 – Electronic signature

The on-line provision of the purchaser’s credit card number and the final validation of the order shall constitute proof of the purchaser’s agreement:

– Payability of sums due under the purchase order;

– signature and express acceptance of all operations carried out.

In the event of fraudulent use of a bank card, the purchaser is invited to contact the seller on the following telephone numbers: +33 6 81 65 33 00 or +33 6 63 58 46 75.

Article 6 – Order confirmation

The seller provides the buyer with an order confirmation by e-mail.

Article 7 – Proof of transaction

Computerized registers, kept in the seller’s computer systems under reasonable security conditions, will 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 proof.

Article 8 – Product informations

The products governed by these terms and conditions are those which appear on the seller’s website and which are indicated as sold and dispatched by the seller. They are offered while stocks last.

The products are described and presented as accurately as possible. However, the seller cannot be held responsible for any errors or omissions in this presentation.

Product photographs are not contractual.

Article 9 – Price

The prices displayed on the Site are indicated in euros, including all French taxes (French VAT and any other applicable taxes), but excluding delivery charges, order processing and packaging costs.

Shipping costs, order processing fees and packaging costs will be indicated in the Customer’s shopping basket, before the final validation of the order.

Prices may be modified at any time, without prior notice, particularly in the event of changes in fiscal or economic data. Items will be invoiced on the basis of the rates in force at the time the order is registered.

Article 10 – Method of payment

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

Payment must be made in full on the day the order is placed, by credit card. Purchases are made securely. For all transactions, the customer must provide the number appearing on the front of his/her card, the expiry date and the cryptogram appearing on the back of his/her card (last three digits).

The communication of the Customer’s credit card number constitutes authorization by SUZON & SUZETTE to debit the Customer’s account for the amount of the order.

No cash on delivery shipment will be accepted for any reason whatsoever. SUZON & SUZETTE does not accept payment by check.

The buyer guarantees the seller that he/she has the necessary authorizations to use the method of payment chosen by him/her when validating the order form. The seller reserves the right to suspend all order processing and deliveries in the event of refusal to authorize payment by credit card by officially accredited organizations, 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 in full or in part for a previous order, or with whom a payment dispute is in progress.

Article 11 – Product availability – Refund – Resolution

Except in cases of force majeure or when the online store is closed, which will be clearly announced on the site’s home page, shipping times will be as indicated below, subject to stock availability. Delivery times run from the order registration date indicated on the order confirmation e-mail.

For deliveries in mainland France and Corsica, the delivery time is 30 working days from the day following the day on which the buyer placed the order.

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

In the event of non-compliance with the agreed delivery date or deadline, the purchaser must, before breaking the contract, request the seller to execute the contract within a reasonable additional period.

In the event of failure to comply by the end of this new period, the purchaser may freely terminate the contract.

The buyer must carry out these successive formalities by registered letter with acknowledgement of receipt, or in writing on another durable medium.

The contract will be considered terminated on receipt by the seller of the letter or written document informing him of this termination, unless the professional has performed in the meantime.

The purchaser may, however, terminate the contract immediately if the above dates or deadlines constitute an essential condition of the contract.

In this case, when the contract is cancelled, the seller is obliged to reimburse the buyer for all sums paid, at the latest within 14 days of the date on which the contract was cancelled.

In the event of unavailability of the product ordered, the purchaser will be informed as soon as possible and will have the option of cancelling the order. The buyer will then have the choice of requesting either a refund of the sums paid within 14 days of their payment, or an exchange of the product.

Article 12 – Terms of delivery

Delivery means the transfer to the consumer of physical possession or control of the goods. The products ordered are delivered according to the terms and conditions and within the period specified above.

Products are delivered to the address indicated by the purchaser on the order form, and the purchaser must ensure that this address is correct. Any parcel returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer’s expense. At the buyer’s request, an invoice can be sent to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.

If, at the time of delivery, the original packaging is damaged, torn or open, the buyer must check the condition of the items. If they have been damaged, the buyer must refuse the parcel and note a reservation on the delivery slip (parcel refused because opened or damaged), or in the case of delivery by letter, immediately notify the seller of the defects with supporting photos, to be sent by e-mail to [email protected].

If products need to be returned to the seller, a request for their return must be made to the seller within 14 days of delivery. Any claim made outside this period will not be accepted. Returns will only be accepted for products in their original condition (packaging, accessories, instructions, etc.).

Article 13 – Delivery errors

The purchaser must notify the seller on the day of delivery, or at the latest on the first working day following delivery, of any claim of error in delivery and/or non-conformity of the products in kind or in quality in relation to the indications on the order form. Any claim made after this deadline will be rejected.

Claims must be made by e-mail to the following address: [email protected].

Any claim not made in accordance with the rules set out above and within the time limits set will not be taken into account and will release the seller from all liability towards the buyer.

Upon receipt of the claim, the seller will assign an exchange number for the product(s) concerned and communicate it by e-mail to the buyer.

In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging, by registered Colissimo, to the following address SUZON & SUZETTE, 1 Avenue Charles André – 69230 SAINT-GENIS-LAVAL, FRANCE.

Return shipping costs are at the seller’s expense.

Article 14 – Product warranty

14-1 Legal warranty of conformity

The seller guarantees the conformity of the goods sold with the contract, enabling the buyer to make a claim under the legal guarantee of conformity provided for in articles L. 217-4 et seq. of the French Consumer Code.

In the event of a claim under the legal warranty of conformity, please note that:

– the purchaser has a period of 2 years from the date of delivery of the goods to take action;

– the buyer may choose between repairing or replacing the good, subject to the cost conditions stipulated in article L. 217-17 of the French Consumer Code;

– the buyer does not have to prove the non-conformity of the good during the 24 months (6 months for second-hand goods) following delivery of the good.

14-2 Legal warranty against hidden defects

In accordance with Articles 1641 et seq. of the French Civil Code, the seller is liable for any hidden defects in the goods sold. It is up to the buyer to prove that the defects existed at the time of sale and are such as to render the good unfit for the use for which it was intended. This warranty must be invoked within two years of discovery of the defect.

The buyer may choose between rescission of the sale or a reduction in price in accordance with article 1644 of the French Civil Code.

Commercial warranty

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

Article 15 – Warranties and liability

SUZON & SUZETTE has only an obligation of means for all stages of access to the site, from the order process to shipment of the parcel or subsequent services. SUZON & SUZETTE shall not be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, external intrusion or the presence of computer viruses, or for any event qualified as force majeure, in accordance with the law and jurisprudence, and with article 17 of these general terms and conditions.

Article 16 – Right of cancellation

16-1 Application of the right of retraction

In accordance with the provisions of the French Consumer Code, the purchaser has a period of 14 days from the date of delivery of his or her order to return any item that does not suit him or her and request an exchange or refund without penalty, with the exception of return costs which remain the responsibility of the purchaser.

Returns must be made in their original condition and complete (labels, packaging, accessories, instructions, etc.) to enable them to be remarketed as new, accompanied by the purchase invoice.

Damaged, soiled or incomplete products will not be accepted.

Returns must be sent to the following address: SUZON & SUZETTE – 1 Avenue Charles André – 69230 SAINT-GENIS-LAVAL, FRANCE. No returns, refunds or credit notes will be accepted in partner stores that sell SUZON & SUZETTE products.

The customer may exercise his right of withdrawal using the withdrawal form available on this website (see Appendix 1 below). Any other method of declaring withdrawal is accepted. It must be unambiguous and express the will to withdraw.

If the right of withdrawal is exercised within the aforementioned period, the price of the product(s) purchased will be reimbursed, as well as the cost of delivery.

Return shipping costs are at the buyer’s expense.

The exchange (subject to availability) or refund will be made within 72 hours, and at the latest, within 14 days of receipt by the seller of the products returned by the buyer under the conditions set out above.

16-2 Exceptions

According to article L221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for contracts :
– the supply of goods whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;

– the supply of goods made to the consumer’s specifications or clearly personalized;

– the supply of goods likely 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 items;
– the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on market fluctuations beyond the control of the professional;
– maintenance or repair work to be carried out urgently at the consumer’s home and expressly requested by the consumer, within the limit of spare parts and work strictly necessary to respond to the emergency;
– supply of audio or video recordings or computer software when unsealed by the consumer after delivery;
– the supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
– the supply of digital content not supplied on a physical medium, the performance of which has begun after the consumer’s express prior agreement and express waiver of his right of withdrawal.

Article 17 – Force majeure

Any circumstances beyond the control of the parties which prevent the performance of their obligations under normal conditions are considered as grounds for exoneration from the parties’ obligations and result in their suspension.

The party invoking the aforementioned circumstances must immediately notify the other party of their occurrence, as well as of their disappearance.

Force majeure” means any irresistible, unforeseeable, unavoidable event or circumstance beyond the control of the parties, which cannot be prevented by the parties, despite all reasonable efforts to do so. The following are expressly considered as cases of force majeure or fortuitous events, in addition to those generally accepted by the jurisprudence of the French Courts and Tribunals: total or partial strikes, lock-outs, riots, boycotts or other industrial actions or commercial disputes, civil unrest, insurrections, wars, bad weather, pandemics, blockades of means of transport or supply for any reason whatsoever, earthquakes, fires, storms, floods, water damage, governmental or legal restrictions, legal or regulatory changes to forms of marketing, computer breakdown, blockage of telecommunications, including wired or wireless telecommunications networks, and any other event beyond the control of the parties preventing the normal performance of the contractual relationship.

All obligations of the parties will be suspended for the duration of the force majeure event, without compensation.

If the force majeure event continues for more than three (3) months, the contract in question may be terminated by operation of law without compensation for either party.

Article 18 – Intellectual property

Under no circumstances may the Customer download or modify all or part of the Site, and in particular its content (listed products, descriptions, images, videos, etc.).

This Site or any part of it may not be reproduced, copied, sold or exploited for commercial purposes without the express written consent of SUZON & SUZETTE.

In general, all copyrights, trademarks and other distinctive signs and property or intellectual property rights appearing on the Site shall remain the full and complete property of SUZON & SUZETTE.

The Customer is therefore bound to respect intellectual property rights and may not use the trademarks appearing on the Site or on the Products, as the case may be, or register any trademark that would be prejudicial to the owner of the rights, unless otherwise stipulated in the contract.

The same applies to all other intellectual property rights.

Article 19 – Data Protection

The nominative data provided by the purchaser is necessary for the processing of his/her order and the preparation of invoices.

It 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 suzon-suzette.fr website has been declared to the CNIL.

The purchaser has a permanent right of access, modification, rectification and opposition with regard to information concerning him or her. This right may be exercised under the terms and conditions defined on the suzon-suzette.fr website.

Article 20 – Partial non-validation

If one or more stipulations of the present terms and conditions are held to be invalid or declared as such in application of a law, regulation or following a final decision of a competent court, it will be declared unwritten and will not entail the nullity of the other stipulations.

Article 21 – Non-renunciation

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

Article 22 – Update

SUZON & SUZETTE reserves the right to modify these terms and conditions at any time and without prior notice. The applicable terms and conditions will be those in force on the date of the Customer’s order.

The present general terms and conditions of sale are permanently accessible at the following address: https://suzon-suzette.fr/en/terms-and-conditions-of-sale/ in a computer format that allows them to be printed and/or downloaded, so that the Customer can reproduce or save them.

Article 23 – Mediation and dispute resolution

The buyer may have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

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

Article 24 – Applicable law

These terms and conditions are governed by French law. The competent court is the court of law.

This applies to both substantive and formal rules. In the event of a dispute or claim, the buyer should first contact the seller to obtain an amicable solution.

Article 25 – Personal data protection

25-1 Collected data

The personal data collected on this site is as follows:

• surname; first name; e-mail address; telephone number; postal address;
• when the user connects to the website, it records, in particular, his/her surname, first name, connection data, usage data, location data and payment data;
• when paying for products and services offered on the website, the website records financial data relating to the user’s bank account or credit card;
• when the website is used to communicate with other members, data relating to the user’s communications is temporarily stored;
  cookies are used in connection with the use of the site.

Users can deactivate cookies using their browser settings.

25-2 Use of personal data

Personal data collected from users is used to provide and improve website services and to maintain a secure environment. More specifically, it is used for the following purposes

– access and use of the website by the user;

– management of the operation and optimization of the website;

– organizing the conditions of use of payment services;

– verification, identification and authentication of data transmitted by the user;

– offer the user the possibility of communicating with other website users;

– providing user assistance;

– personalize services by displaying advertisements based on the user’s browsing history and 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, according to user preferences.

25-3 Sharing personal data with third parties

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

– when the user uses the payment services, for the implementation of these services, the website is in relation with third-party banking and financial companies with which it has 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 his/her 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 the user’s data for the purposes of providing these services, and are contractually obliged to use it in accordance with the provisions of the 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 legal proceedings;

– if the website is involved in a merger, acquisition, sale of assets or receivership, it may be required to sell or share all or part of its assets, including personal data. In this case, users will be informed before any personal data is transferred to a third party.

25-4 Security and confidentiality

The website implements organizational, technical, software and physical digital security measures 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 over the Internet.

25-5 Implementing user rights

En application de la réglementation applicable aux données à caractère personnel, les utilisateurs disposent des droits suivants, qu’ils peuvent exercer en faisant leur demande à l’adresse suivante : [email protected].

• le droit d’accès : ils peuvent exercer leur droit d’accès, pour connaître les données personnelles les concernant. Dans ce cas, avant la mise en œuvre de ce droit, le site web peut demander une preuve de l’identité de l’utilisateur afin d’en vérifier l’exactitude.
• le droit de rectification : si les données à caractère personnel détenues par le site web sont inexactes, ils peuvent demander la mise à jour des informations.
• le droit de suppression des données : les utilisateurs peuvent demander la suppression de leurs données à caractère personnel, conformément aux lois applicables en matière de protection des données.
• le droit à la limitation du traitement : les utilisateurs peuvent de demander au site web de limiter le traitement des données personnelles conformément aux hypothèses prévues par le RGPD.
• le droit de s’opposer au traitement des données : les utilisateurs peuvent s’opposer à ce que ses données soient traitées conformément aux hypothèses prévues par le RGPD.
• le droit à la portabilité : ils peuvent réclamer que le site web leur remette les données personnelles qui lui sont fournies pour les transmettre à un nouveau site web.

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 protected].

• right of access: users may exercise their right of access to their personal data. In this case, before exercising 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 to deletion of data: users may request the deletion of their personal data, in accordance with applicable data protection laws.
• the right to limitation of processing: users may request the website to limit the processing of personal data in accordance with the assumptions provided for by the RGPD.
• the right to object to data processing: users may object to their data being processed in accordance with the assumptions provided for by the RGPD.
• the right to portability: they may request that the website hand over the personal data provided to it for transmission to a new website.

25-6 Evolution of this clause

The website reserves the right to modify this privacy policy at any time. If a modification is made to the present 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 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/she may delete his/her account.

Annexe 1 – Cancellation form

(to be completed by the consumer, and sent by registered letter with acknowledgement of receipt, within a maximum of 14 days from the date of conclusion of the service contract)

Cancellation form   To the attention of :   SAS SUZON & SUZETTE   1 Avenue Charles André – 69230 SAINT-GENIS-LAVAL   Telephone number: 06 81 65 33 00 or 06 63 58 46 75   [email protected]   I hereby notify you of my withdrawal from the contract for the following item:   Product :   Ordered/received on :   Consumer’s first and last name: ……………..   Consumer’s address: ……………..   Done at   On   Consumer’s signature

Annexe 2 – Applicable laws

French Consumer Code

Article L. 217-4:

“The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.

He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when the latter was made his responsibility by the contract or was carried out under his responsibility.”

Article L. 217-5:

“The good conforms to the contract:

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

– if it corresponds to the description given by the seller and possesses 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 may legitimately expect, having regard to 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 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 declarations of 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:

“Conformity defects which appear within twenty-four months of delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is six months. The seller may rebut this presumption if it is not compatible with the nature of the good or the claimed lack of conformity.”

Article L. 217-8:

“The buyer has the right to demand that the goods conform to the contract. He may not, however, contest conformity by invoking a defect of which he was aware or could not have been unaware when he entered into the contract. The same applies when the defect originates in materials supplied by the buyer.”

Article L. 217-9:

“In the event of a lack of conformity, the buyer chooses between repair and replacement of the good. 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 option, taking into account the value of the good or the importance of the defect. He is then obliged to proceed, unless this is impossible, according to the method not chosen by the buyer.”

Article L. 217-10:

“If repair and replacement of the good are impossible, the buyer may return the good and have the price returned, or keep the good and have part of the price returned. The same option is open to him: 1° If the solution requested, proposed or agreed in application of 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 for the buyer, given the nature of the good and its intended use. The sale may not, however, 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 award of damages.

Article L. 217-12:

“The action resulting from the lack of conformity is prescribed by two years from the delivery of the good.”

Article L. 217-13:

“The provisions of the present section do not deprive the purchaser of the right to exercise the action resulting from redhibitory defects as it results from articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature recognized by law.”

Article L. 217-14:

“The recourse action may be exercised 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:

“A commercial guarantee is any contractual commitment by a professional to a consumer to reimburse the purchase price, replace or repair the good or provide any other service related to the good, in addition to his legal obligations to guarantee the conformity of the good.
The commercial warranty is the subject of a written contract, a copy of which is given to the purchaser.
The contract specifies the content of the warranty, how it is to be implemented, its price, duration and territorial scope, as well as the name and address of the guarantor.
In addition, it clearly and precisely states that, independently of the commercial warranty, the seller remains bound by the legal warranty of conformity mentioned in articles L. 217-4 to L. 217-12 and that relating to defects in the item sold, under the conditions set out in articles 1641 to 1648 and 2232 of the French 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 French Civil Code are reproduced in full in the contract.
In the event of failure to comply with these provisions, the warranty remains valid. The purchaser is entitled to avail himself of it.”

Article L. 217-16:

“When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period.

This period runs from the date of the buyer’s request for service or from the date the item in question is made available for repair, if the item is made available after the request for service.”

French Civil Code
Article 1641:

“The seller is bound by the warranty for hidden defects in the thing sold which render it unfit for the use for which it was intended, or which so diminish this use, that the buyer would not have acquired it, or would only have given a lesser price for it, if he had known of them.”

Article 1648:

“The action resulting from redhibitory defects must be brought by the purchaser, within a period of two years from the 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 discharged of the defects or apparent lack of conformity”.