Scope

The General Terms and Conditions (hereinafter referred to as the “T&Cs”) applies, without restriction or reservation, to all sales concluded by LEHMANN SAS (hereinafter referred to as the “Seller”) to consumers and non-professional buyers (hereinafter referred to as the “Clients” or the “Client”) (collectively referred to as the “Parties”), wishing to acquire the products offered for sale by the Seller (hereinafter referred to as the “Products”) on the website Internet https://lehmann.codepoet.ca/ (hereinafter referred to as “the Site” or “the Website”).

In particular, it specifies the terms and conditions of ordering, payment, delivery and management of any returns of the Products ordered by the Client.

The T&Cs may be supplemented by specific conditions before any transaction with the Client.

Where applicable, the Parties declare and acknowledge that the pre-contractual phase, during which the exchanges and negotiations between them took place, was conducted in good faith and each of the Parties acknowledges that they have benefited, during this phase, from all the necessary and useful information to enable them to enter into a full knowledge of the facts.

The T&Cs applies to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.

It is accessible at any time on the Website and will prevail, if necessary, over any other version or any other contradictory document.

The T&Cs may be subject to subsequent amendments; the version applicable to the Clients purchase is the one in force on the Site on the date the order is placed.

The Client acknowledges that he has the capacity required to contract and acquire the Products offered on the Website.

The fact that the Client orders on the Website implies full and complete acceptance of the terms and conditions and the obligation to pay for the Products ordered, which is expressly acknowledged by the Client, who waives, in particular, the right to invoke any contradictory document, which would be unenforceable against the Seller.

Seller’s contact information

The Seller’s contact information is as follows:

LEHMANN SAS, a French company, “Société anonyme à Conseil d’administration” having its registered office at 20 Boulevard Lundy in REIMS (51100), registered with the Trade and Companies Register under number 301 210 696.

The Client may contact the Seller at the following address: Lehmann SA, 20, Boulevard Lundy, 51100 REIMS – Tel.+33 (0)3 26 77 16 77

Object

The purpose of this Contract is to define the terms and conditions under which the Parties intend to organize their collaboration in the sale of the Products described below.

Period of validity of the offer of the Products

Product offers are subject to the limit of available stocks, as specified when the order is placed.

When placing the order, the Seller informs the Client of the availability of the Products he wishes to acquire. However, despite the updating of the Site and the diligence of the Seller, Products may be unavailable or temporarily out of stock.

In the event of unavailability or stock shortages, the Seller shall inform the Buyer as soon as possible, who may:

• decide to wait for the Products to be restocked; in such a case, the Seller will keep the Buyer informed of the restocking deadlines;
• modify or cancel the order.

Products offered for sale

The Products offered for sale on the Website are the following:

The Seller offers for sale glassware and in particular high quality glasses dedicated to the tasting of wines, champagne and spirits, cocktails, beers and soft drinks, decanters and decanters, accessories including champagne and ice buckets, sommelier knives, corks and other accessories related to the art of the table and the service of wines and spirits.

Finally, the Seller also offers the purchase of e-gift cards in the form of a voucher governed by the provisions of the terms and conditions of use of the gift card.

The main characteristics of the Products, and in particular the specifications, illustrations and indications of the dimensions or capacity of the Products, are presented on the Site. The Client is required to read them before placing an order.

The choice and purchase of a Product is the sole responsibility of the Client.

The photographs and graphics presented on the Website are not contractual and cannot engage the responsibility of the Seller who strives to present the Products and its essential characteristics in the best possible way.

The Client is required to refer to the description of each Product in order to know its properties, essential features and delivery times, as well as, in the case of continuous or periodic supply of goods, the minimum duration of the proposed contract. The dimensions and capacities of the products are stated in an indicative manner.

It is specified that the size and capacity of the Products may vary due to the specific manufacture of the “soufflé bouche”. In general, all dimensions and capacities expressed in the product sheets are indicated as a guide.

The Products presented on the Website are offered for sale in the following countries: Metropolitan France, Germany, Belgium, Spain, Portugal, Italy, Austria, Bulgaria, Croatia, Denmark, Estonia, Finland, Greece, Hungary, Ireland, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Czech Republic, Romania, Slovakia, Slovenia, Sweden, United Kingdom, Switzerland and United States. The Seller will carry out all the administrative procedures necessary for the export of the Products abroad, in accordance with the applicable regulations of the country to which the Products will be delivered.

Nevertheless, the Client declares that he has checked the regulations applicable in the country where the Products will be delivered, in particular to find out the administrative and control procedures related to the importation of the Products into the country of delivery and which may be applied to the Products and be binding on the Client. The Seller cannot be held liable in this respect.

Commands

1. Opening of the “Client Account”

The Seller is aimed at an audience of consumers and non-professionals. Prior registration for the “Client Account” on the Site is mandatory in order to place an order.

Opening the Account is free of charge and no obligation to purchase.

The following information is requested when opening the “Client Account”:

• telephone number;
• email;
• first and last name of the main contact;
• personal password;
• primary contact mailing and shipping address

The Seller reserves the right to deactivate and delete a “Client Account” in the event of incorrect data.

2. Placing the order

It is the Client’s responsibility to select the Products he wishes to order on the Site, according to the following terms:

1. Either the Client logs in by clicking on “My Account” or decides to create a Client Account by clicking on “Client Account”; he then selects his products from his basket;
2. Either the Client creates his account after selecting the items in his cart, in which case, he will have to click on buy now or add to cart and then validate the items;

In all cases, the Client shall:

1. when creating the account or when placing his first order, indicate his personal information (surname, first name, email address, telephone number) and delivery information;
2. chose the delivery method;
3. indicate, if applicable, a promotion code;
4. chose the payment method;
5. the Client will receive an email confirming his order, and then an email informing him that his order has been shipped.

If the Client does not have a “Client Account”, he must create one to place an order.

The Client can check the details of his order, its total price and to correct any errors before confirming his acceptance. He must verify the accuracy of the order and to report or rectify any errors immediately.

The registration of an order on the Website is carried out when the Client accepts the T&Cs by ticking the box provided for this purpose and validates his order. This validation implies acceptance of all terms and conditions as well as the general terms and conditions of use of the Website.

The sale is final only after the Seller has sent the confirmation of acceptance of the order by e-mail, which must be sent without delay and after the Seller has received the full price.

Any order placed or validated by the Client is confirmed by the Seller, under the conditions and in accordance with the terms and conditions described above.

Unless proven otherwise, the data recorded in the Seller’s computer system constitutes proof of all transactions concluded with the Client.

The Seller reserves the right to cancel or refuse any order from a Client with whom there is a dispute relating to the payment of a previous order.

The Client will be able to follow the progress of their order on the Website and in particular on their personal space.

3. Minimum purchase

No minimum purchase is required to be able to place an order

4. Modification of the order

Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be modified by the Client, except in cases of force majeure and except in the case of stock shortages (temporary or permanent).

5. Cancelling the order

Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be cancelled, except in the exercise of the right of withdrawal or in cases of force majeure.

 

Rates

The prices of the Products can be consulted directly on the Website.

The Products are supplied at the current prices appearing on the Website, when the order is registered by the Seller and during the Client’s private browsing. Prices are expressed in Euros. As such, the Client acknowledges that he is aware of the tax applicable to his order, which may vary depending on the country to which the Products are delivered.

It is specified that in the case of delivery outside the European Union, prices are also expressed in Euros. The Client declares that he has collected all the useful information to know the exchange rate applicable on the day of his order, before any order. The Seller cannot be held liable in this respect.

The prices consider any discounts that may be granted by the Seller on the Site.

These prices are firm and not subject to revision during their period of validity, as indicated on the Site, the Seller reserving the right, outside this period of validity, to modify the prices at any time.

They do not include handling, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the Site and/or calculated prior to the placing of the order.

Special rates apply depending on the volume, weight and destination of the packages and the choice of carrier.

In all cases, the Client is informed by the Seller of the amount of the shipping costs before the final validation of the order.

The payment requested from the Client corresponds to the total amount of the purchase, including these fees.

Payment terms

The price is payable in advance, in full and online on the day the order is placed by the Client according to the following terms:

• by credit card: Visa, MasterCard, American Express;
• by PayPal;
• gift card, allowing you to pay for all or part of the purchases using a gift card or a voucher, issued by the Seller, it being specified that gift cards cannot be purchased using another gift card.

Payment by credit card or gift card is irrevocable, except in the case of fraudulent use of the card. In this case, the Client may request the cancellation of the payment and the return of the corresponding sums.

Payment data is exchanged in encrypted mode thanks to the protocols set by the external company managing the online payment:

• Stripe for credit cards and American Express, whose terms and conditions can be found here;
• PayPal, whose terms and conditions are available here;

Any delay in payment automatically entails the application of a fixed compensation of €40 (FORTY EUROS), without prejudice to late payment penalties.

Late payment shall also result in the immediate payment of all sums due by the Client, without prejudice to any other action that the Seller may be entitled to take against the Client in this respect.

Payments made by the Client will only be considered final after the Seller has collected the sums due.

In addition, the Seller reserves the right, in the event of non-compliance with the payment terms set out above, to suspend or cancel the delivery of current orders placed by the Client.

No additional costs, more than the costs incurred by the Seller for the use of a means of payment, may be charged to the Client.

By clicking on “Authorize payment”, you confirm that the credit card belongs to you or that you are the rightful holder of the gift card or voucher. Credit cards are subject to validity checks and authorization by the card issuer. If we do not receive the required payment authorization, we will not be liable for the delay or failure to deliver the products and we will not be able to enter into a Contract with you.

 

Deliveries

The Products ordered by the Client will be delivered to the address indicated by the Client when placing an order on the Website.

The Client has the option of having it delivered to “home” or to the address it indicates. It can also be delivered to a relay point (France only).

In the case of a delivery to a specific location requiring special care, the Seller will notify the Client as well as the additional cost.

It is specified that in the case of a delivery made outside the European Union, the delivery costs include all taxes, customs fees and all types of fees imposed by the French and foreign administrations, related to the international shipment of the Products. No additional fees will be charged to the Client in this regard.

Delivery is the transfer to Client of physical possession or control of the Product.

Except in special cases or temporary unavailability of one or more Products, the Products ordered will be delivered in one go.

The Seller undertakes to make its best efforts to deliver the Products ordered by the Client within the deadlines specified on the Website at the time of the order.

If the Products ordered have not been delivered within 30 days of the conclusion of the Contract, for any reason other than force majeure or the Client’s act, the sale may be cancelled at the written request of the Client under the conditions provided for in Articles L.216-2, L.216-3 and L.241-4 of the Consumer Code. The sums paid by the Client will then be returned to him at the latest within 14 days of the date of termination of the contract, excluding any compensation or withholding.

In the event of non-conformity of the delivered Product, the Seller undertakes to remedy it by replacing the products or to reimburse the Client, as indicated in the article “Seller’s Liability – Warranty”.

The transport company DPD France, whose registered office is located at DPD France – 11-13 Rue René Jacques – 92130 ISSY LES MOULINEAUX, registered under the number RCS 444 420 830, provides transport in metropolitan France and abroad.

The transport company MBE France, whose registered office is located at 37 bis rue du Général Leclerc – 92130 Issy-les-Moulineaux, registered under the number RCS 539 736 397, provides transport in Switzerland, the United States and the United Kingdom.

The Client therefore acknowledges that it is the carrier’s responsibility to make the delivery and has no recourse in warranty against the Seller in the event of failure to deliver the goods transported.

The impossibility for the Seller’s carriers to deliver the Products on the agreed date, in the event of the Client’s absence or lack of information on the need to use specific means of delivery, may give rise to the payment of additional delivery costs and/or cancellation of the order by the Seller. This paragraph does not apply to the virtual gift card, the delivery of which is governed by the provisions of the gift card terms and conditions.

In the event of a special request from the Client concerning the packaging or transport conditions of the Products ordered, duly accepted in writing by the Seller, the related costs will be subject to an additional specific invoice, based on a quote previously accepted in writing by the Client.

The virtual gift card will be delivered to the Client by email on the date that the Service Provider will indicate at the time of placing the order.

The virtual gift card will be considered to have been delivered in accordance with the provisions set out in the terms and conditions of use of the gift card and, in any case, on the date of shipment of this card to the email address indicated by the Client.

Receipt and complaint

Reservations of use: The Client (or his agent) is required to check the physical condition of the packaging, the number and the content of the packages at the time of delivery, in the presence of the delivery person. Any anomaly concerning the delivery (transport damage, missing product or package, broken product, product not in accordance with the order, etc.) must imperatively, under penalty of inadmissibility of the request, be indicated on the carrier’s delivery note in the form of detailed, explicit, reasoned and dated handwritten reservations. The Client (or his representative) must sign the delivery note. General reservations of the “subject to unpacking” type will be systematically rejected.

The Client (or his representative) must, at the same time, report these anomalies by sending LEHMANN’s Client Service, within three (3) working days of the delivery date, a registered letter with acknowledgement of receipt. Any complaint received after the deadline will be definitively rejected without the possibility of recourse for the Client.

Product defects: In the event of an apparent defect or non-conformity of the product delivered with the characteristics of the Product ordered as shown on the order form, the Client (or his representative) must report these defects within three (3) days of the delivery date by sending a registered letter with acknowledgement of receipt to the Seller’s Client Service.

The Client (or his representative) must refrain from any intervention on the product and must allow the Seller every opportunity to note the defects or anomalies invoked. Otherwise, the complaint cannot be admitted. Any claim made after this period will be rejected without the possibility of recourse for the Client. The products are described as accurately as possible. In the event of a defect or non-conformity of the product noted by the Seller and making the product unfit for the use for which it is usually intended, the provisions of the Warranty will apply.

 

Transfer of ownership – Transfer of risk

1. Transfer of ownership

The Seller retains ownership of the Products sold until full payment of the price. Any clause to the contrary is deemed unwritten.

2. Risk transfer

Notwithstanding the application of the retention of title clause, the transfer to the Client of the risks of theft, loss, deterioration or destruction takes place:

• when handing over the Products to the Client; or
• when handing over the goods to the first carrier. Indeed, the risks of the Product are transferred to the Client upon delivery by the Seller’s carriers on the delivery date agreed with them.

Obligations of the Parties

1. Seller’s Obligations

The Seller undertakes to implement all necessary and sufficient resources for the optimal performance of the services defined by the Contract, within the limits of its skills and the Products contracted with an obligation of means.

It undertakes to inform the Client as soon as possible of any major element beyond its control that would be likely to hinder the performance of the Contract.

He is bound to respect confidentiality on all the operations he carries out on behalf of the Client.

2. Obligations of the Client

The Client undertakes to provide and facilitate access to all the information and resources necessary for the Seller and its Service Providers for the organization and performance of the services, without concealment, insufficiency or inaccuracy.

The Client is obliged to pay the Seller the full price indicated on the Order.

 

Right of withdrawal

In accordance with the legal provisions in force, the Client has a period of 14 (FOURTEEN) days from receipt of the Product to exercise his/her right of withdrawal with the Seller, without having to justify any reasons or pay penalties, for the purpose of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within 14 (FOURTEEN) days following the notification to the Seller of the decision of withdrawal of the Client.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be put back on the market in new condition, accompanied by the purchase invoice.

Damaged, soiled or incomplete Products will not be returned.

The right of withdrawal is exercised online. To do so, the Client must log in to his “Client Account”, using the withdrawal form available on the Website “Contact” page, in which case an acknowledgement of receipt on a durable medium will be immediately communicated to the Client by the Seller, or any other unambiguous statement expressing the desire to withdraw.

The refund will be made within 14 days of the Seller’s receipt of the withdrawal decision, provided that the Seller has received the Product(s) in perfect condition, in its original packaging(s) and equipped with all its accessories. The original shipping costs will only be refunded if the entire order is returned, unless the Product was delivered outside the European Union. In this case, the shipping costs are to be borne by the Client. All costs advanced by the Client will be reimbursed if the Product has been delivered in the European Union. On the other hand, if the Product was delivered outside the European Union, the return costs and customs fees are the responsibility of the Client.

The Buyer must return the order for which he/she is exercising his/her right of withdrawal within 14 days, regardless of the country to which the Product was delivered.

The return of the gift card is governed by the provisions of the terms and conditions of use of the gift card.

 

Seller’s Liability – Warranty

The Products benefit from the legal guarantee of conformity of two (2) years from their delivery or collection. The Seller is, therefore, liable for any lack of conformity of the said Products.

To be admissible, the implementation of the warranty implies the submission by the Client of the Product as well as the purchase invoice. The Client contacts the Seller who will provide him with a return label (DPD) accompanied by a form that must be completed by the Client on the reasons why the Product(s) are returned, exclusively if the Product was delivered in the European Union. On the other hand, if the Product has been delivered outside the European Union, the Client must, at his own expense, return the package and pay the customs fees to the following address: LEHMANN SA – route départementale 1003 – 02650 CREZANCY – France.

The Seller undertakes to repair or replace the Product found to be defective by its services according to the Client’s choice. If repair or replacement is impossible or entails disproportionate costs, the Seller may refund the Product.

Repaired or exchanged Products benefit from the warranty for the remaining period.

The following are excluded from the warranty:

• damage to the Product resulting from its normal wear and tear with regard to its nature, function, composition and price;
• Products that have been used too intensively, in particular for other than private purposes;
• any defects in the Product that may result from improper installation, storage, conservation, or assembly, a lack of maintenance, misuse or use not in accordance with technical or usage specifications (failure to comply with maintenance and servicing regulations), modifications or repairs carried out by the purchaser or a third party, deterioration caused by external objects (storage of Products of too high a weight on a piece of furniture that is not very important). designed for this purpose), external events such as accidents, shocks, fires, acts of vandalism, water damage, natural or artificial light (in case of discoloration), natural disasters or bad weather.

Seller’s liability for Products delivered, including under applicable contractual or statutory warranties, is limited to the price of the defective or non-conforming Products. The Seller shall not be liable for compensation for indirect damage or any other financial loss suffered by the buyer or a third party.

Protection of personal data

In accordance with the Data Protection Act of 6 January 1978, reinforced and supplemented by the GDPR (General Data Protection Regulation) which came into force on 25 May 2018, it is recalled that the personal data requested from the Client are necessary for the processing of their order and the establishment of invoices.

The personal data collected from the Clients is subject to computer processing carried out by the Service Provider. It is recorded in its Client file and is essential for the processing of its order. This information and personal data is also kept for security purposes, in order to comply with legal and regulatory obligations. It will be kept for as long as necessary for the execution of the orders and any guarantees that may apply.

The data controller is the Service Provider. Access to personal data will be strictly limited to the employees of the data controller, who are authorized to process it by virtue of their functions. The information collected may be communicated to third parties linked to the company by contract for the performance of subcontracted tasks, without the Client’s authorization being required.

In the performance of their services, third parties have only limited access to the data and are obliged to use it in accordance with the provisions of the applicable legislation on the protection of personal data. Apart from the cases set out above, the Service Provider shall refrain from selling, renting, assigning or giving access to the data to third parties without the Client’s prior consent, unless it is obliged to do so for a legitimate reason.

This data may be communicated to any partners of the Service Provider in charge of the execution, processing, management and payment of orders.

If the data is transferred outside the EU, the Client will be informed and the guarantees taken in order to secure the data (for example, adherence of the external service provider to the “Privacy Shield”, adoption of standard protection clauses validated by the CNIL, adoption of a code of conduct, obtaining a CNIL certification, etc.) will be specified.

In accordance with the applicable regulations, the Client has the right to access, rectify, erase and portability data concerning him/her, as well as the right to object to processing for legitimate reasons, rights that he/she may exercise by contacting the data controller by completing the form on the contact page.

In the event of a complaint, the Client may submit a complaint to the Service Provider’s personal data protection officer or to the Commission Nationale de l’Informatique et des Libertés.

Careful:

A minor may consent alone to the processing of personal data with regard to the direct offer of information society services from the age of 15 (FIFTEEN) years for minors under the age of 15 (FIFTEEN) years of age, double consent is required: that of the minor and that of the guardian with parental authority.

The Client acknowledges that it has the capacity required to contract and acquire the Products offered on the Website.

 

Intellectual property

The content of the Website is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

 

Fortuity

In the event that the Service Provider or the Buyer wishes to raise, in the context of the Sale of the Service Provider’s Products to the Buyer subject to the T&Cs, a case of unforeseeability as defined by Article 1195 of the Civil Code as follows:

• a health crisis considered a pandemic by the WHO or with serious and/or cyclical, material, financial international repercussions

A prior and mandatory attempt at conciliation will be organized, with the Service Provider and the Buyer refraining from any refusal to renegotiate.

This conciliation suspends the limitation period and the obligations of the Parties in relation to the Sale of Products transaction affected by the unforeseeability for the duration of the conciliation.

However, beyond 45 (FORTY-FIVE) days, the conciliation attempt will be deemed to have been completed.

In the event of success of the renegotiation, the Parties will immediately establish a new order formalizing the result of this renegotiation for the Product Sales operations concerned.

Any referral to the court in violation of this conciliation clause constitutes a plea of inadmissibility rendering the action inadmissible.

 

Force majeure

The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.

 

Exception of non-performance

It is recalled that pursuant to Article 1219 of the Civil Code, each Party may refuse to perform its obligation, even though it is due, if the other Party does not perform its own and if this non-performance is sufficiently serious, i.e., likely to call into question the continuation of the Contract or to fundamentally upset its economic balance. The suspension of performance shall take effect immediately, upon receipt by the defaulting Party of the notice of default sent to it for this purpose by the defaulting Party indicating the intention to apply the objection of non-performance as long as the defaulting Party has not remedied the failure to comply with the notice of non-performance, served by registered letter with acknowledgement of receipt or on any other durable written medium allowing proof of dispatch to be provided.

This exception of non-performance may also be used as a preventive measure, in accordance with the provisions of Article 1220 of the Civil Code, if it is clear that one of the Parties will not perform its obligations by the due date and that the consequences of such non-performance are sufficiently serious for the Party that is the victim of the default.

This option shall be used at the risk and peril of the Party initiating the exercise.

The suspension of performance shall take effect immediately, upon receipt by the Party presumed to be in default of the notification of the intention to apply the objection of preventive non-performance, until the Party presumed to be in default complies with the obligation for which a future breach is manifest, notified by registered letter with acknowledgement of receipt or on any other durable written medium allowing proof of dispatch to be provided.

 

Resolution

1. Termination for force majeure

The occurrence of an event constituting force majeure within the meaning of case law and Article 1218 of the Civil Code will result in the suspension of the obligations weighing on the Seller. This non-performance of the Contract cannot engage the Seller’s liability. If the case of force majeure lasts longer than one (1) month, the Seller may not honour the order, subject to reimbursing the Client, if applicable, for the sums paid by it for the order concerned.

2. Resolution for Breach of Obligations by a Party

In the event of non-compliance by either party with the obligations listed in the “Obligations of the Parties” section, it may be resolved at the discretion of the injured party.

It is expressly understood that this rescission for breach of a party’s obligations will take place by operation of law, the formal notice resulting solely from the fact of the non-performance of the obligation, without a summons or execution of formalities.

3. Provisions common to resolution cases

It is expressly agreed between the Parties that the debtor of an obligation to pay under this contract shall be validly put in default by the sole exigibility of the obligation, in accordance with the provisions of Article 1344 of the Civil Code.

The services exchanged between the Parties from the conclusion of the contract until its termination have been useful as the reciprocal performance of the contract progresses, and they will not give rise to reimbursement for the period prior to the last service that did not receive its consideration.

In any event, the injured Party may seek damages in court if the damage was foreseeable at the time of the conclusion of the contract and constituted an immediate and direct consequence of its non-performance.

Applicable law – Language – Disputes

The T&Cs and the transactions resulting from them are governed by French law.

They are written in French. In the event that they are translated into one or more languages, only the French text will be authentic in the event of a dispute.

The Client is informed that he or she may in any event have recourse to conventional mediation, in particular with the Consumer Mediation Commission (Consumer Code, Article L.612-1) or with existing sectoral mediation bodies, the references of which appear on the website or any alternative dispute resolution method in the event of a dispute.

The client can consult the online dispute resolution (ODR) platform by clicking on the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR.

However, if at the end of a period of 45 (FORTY FIVE) days, the Parties are unable to agree on a compromise or a solution, the dispute will then be submitted to the jurisdiction designated below.

All disputes arising from this Agreement and the agreements arising from this Agreement concerning their validity, interpretation, performance, resolution, consequences and consequences shall be submitted to the competent court.

 

 

ANNEX I – PROVISIONS RELATING TO LEGAL GUARANTEES

Article L.217-4 of the Consumer Code:

The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity that exists at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to him by the contract or has been carried out under his responsibility.

Article L.217-5 of the Consumer Code:

To comply with the contract, the property must:

• be fit for the use usually expected of a similar good and, if applicable:
  • correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model;
  • have the qualities that a buyer can legitimately expect from the public statements made by the seller, the producer or his representative, in particular in advertising or labelling.

• or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.

Article L.217-12 of the Consumer Code:

The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods.

Article L.217-16 of the Consumer Code:

When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable property, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the duration of the warranty that remained to run. This period runs from the buyer’s request for intervention or from the provision for repair of the property in question, if this provision is subsequent to the request for intervention.

Article 1641 of the Civil Code:

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

Article 1648 paragraph 1 of the Civil Code:

The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.