Article 1 - Availability of stocks 

The products are offered and delivered within the limits of available stocks.

In case of unavailability of the product ordered, the seller immediately informs the buyer and can offer him a product of equivalent quality and price or, failing that, a voucher for the amount of the order usable for any next order.

In the event of the buyer's disagreement, the seller shall refund the sums paid within 3 days.

Apart from reimbursement of the price of the unavailable product, the seller is not liable for any cancellation compensation, unless the non-performance of the contract is personally attributable to him.

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Article 2 - Retention of title

The seller remains the owner of the products sold until full payment of the price and the buyer undertakes, as long as the property is not transferred to him, to take all the necessary precautions for the good conservation of the products.

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Article 3 - Delivery

3. 1. Definition

Delivery means the transfer to the consumer of physical possession or control of the goods.

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3. 2. Delivery time

The professional seller undertakes, in accordance with the delivery deadline indicated on the site for each of the products, to deliver the products within 15 days after receipt of the order.

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3. 3. Delay in delivery

When the product ordered is not delivered or the service is not provided on the date or at the end of the period mentioned on the order form, the consumer may, after having unsuccessfully ordered the seller to perform his obligation to delivery within a reasonable additional time, terminate the contract by registered letter with acknowledgment of receipt or in writing on another durable medium.

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3. 4. Place of delivery

The products are delivered to the address indicated by the customer on the order form.

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3. 5. Terms of delivery

The delivery is made by the direct delivery of the product to the buyer or, failing that, by the sending by the seller of a notice of availability to the buyer.

Within a period of fifteen days from the notice of availability, the buyer must collect the product ordered.

In the absence of withdrawal within the period indicated, the seller may, after formal notice from the buyer, which has remained without effect, proceed with the withdrawal, automatically cancel the order and retain the deposit paid as compensation. .

When the product is delivered to the address indicated on the order form by a carrier, it is up to the buyer to check in the presence of the delivery person the condition of the product delivered and, in the event of damage or missing items, to issue reservations on the delivery note or on the transport receipt, and possibly refuse the product and notify the seller.

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3. 6. Product conformity

If the product does not conform to the order, the consumer must send a complaint to the professional seller in order to obtain the replacement of the product or possibly the resolution of the sale.

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3. 7. Unavailability of products

In the event of unavailability of the products on delivery, the professional seller may offer, under the conditions provided for by the GCS, a product equivalent in quality and price.

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3. 8. Failure to deliver

The total failure to deliver entails the automatic resolution of the sales contract.

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3. 9. Delivery and transfer of risk

The risks of loss or damage to the goods are transferred to the consumer when he or a third party he has designated takes physical possession of the goods, without distinction according to its nature.

The product, which is delivered to the consumer by a carrier chosen by the seller, travels at the risk and peril of the seller.

The product, which is delivered to the consumer by a carrier chosen by him, travels at the risk and peril of the consumer from the delivery of the goods to the carrier.

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3. 10. Transfer of ownership

From the delivery date indicated in the order form, the ownership of the product is transferred to the buyer, except in the case where full payment of the price has not been cashed with the order.

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3. 11. Spare parts

The seller must confirm on the purchase of the goods on the order form or the GTC or on any other durable medium to the consumer the information that he has already given under the pre-contractual information and which has been delivered to him by the manufacturer or the importer of movable goods concerning the period during which or the date until which the spare parts essential for the use of a good are available.

Noticed

It is preferable to confirm the information already given under the pre-contractual information on the order form or on any other durable medium.

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Articles L. 111-3, D. 111-4 and D. 111-5 of the Consumer Code (former Consumer Code, art. L. 111-3, R. 111-3 and R. 111-4)

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Article 4 - Legal guarantee of conformity and guarantee of hidden defects to consumers

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4. 1. Consumer information

Regardless of any commercial guarantee granted, the seller is liable for defects in the conformity of the goods covered by the contract under the conditions of article L. 217-4 and following of the consumer code (former C. consom., art. L 211-4 et seq.) and hidden defects of the thing sold under the conditions provided for in articles 1641 and following of the civil code .

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4. 2. Implementation of the conformity guarantee

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 assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.

 

In accordance with the provisions of article L. 217-5 of the consumer code (former C. consom., art. L. 211-5), to comply with the contract, the goods must:

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1o Be fit for the use usually expected of a similar item and, where applicable:

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• correspond to the description given by the seller and possess the qualities that the latter has presented to the buyer in the form of a sample or 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 knowledge of the seller and which the latter has accepted.

In accordance with the provisions of article L. 217-12 of the consumer code (former C. consom., art. L. 211-12), the action resulting from the lack of conformity is prescribed by two years from the delivery of good.

 

When acting as a legal guarantee of conformity, the consumer:

• has a period of two years from the delivery of the property to act;

• can choose between repairing or replacing the good, subject to the cost conditions provided for in article L. 217-9 of the consumer code (former C. consom., art L. 211-9); 

• is exempted from providing proof of the existence of the lack of conformity of the goods during the twenty-four months following the delivery of the goods (except second-hand goods).

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4.3. Implementation of the warranty against hidden defects

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 so diminish this use that the buyer would not have acquired it, or does not would have given only a lesser price, if he had known them (Article 1641 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 (Article 1648 of the civil code).

 

The consumer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of  article 1641 of the civil code . In this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with  article 1644 of the civil code .

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Article 5 - Commercial warranty

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5.1. Consumer information

Independently of the commercial guarantee, the seller remains bound by the legal guarantee of conformity mentioned in articles L. 217-4 and following of this code (former C. consom., art. L. 211-4 to L. 211-13) and that relating to the defects of the thing sold, under the conditions provided for in items 1641 to 1648 and 2232 of the civil code.

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5. 2. Commercial warranty contract

According to article L. 217-15 of the consumer code (former C. consom., art. L. 211-15), the commercial guarantee means any contractual commitment of a professional towards the consumer. with a view to reimbursement of the purchase price, replacement or repair of the good, in addition to its legal obligations aimed at guaranteeing the conformity of the good.

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

The contract specifies the content of the guarantee, the terms of its implementation, its price, its duration, its territorial scope as well as the name and address of the guarantor and reproduces article L. 217-16 (former C. consumption, art. L. 211-16).

The content of the commercial guarantee, the terms of its implementation, its price or its free, its duration, its territorial scope as well as the name and address of the guarantor may also be specified in the GCS. 

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5. 3 Information in the commercial warranty contract

Mandatory information if a commercial guarantee is provided: Article L. 217-15, paragraph 4 of the Consumer Code (former Consumer Code, art. L. 211-16, paragraph 4) imposes the following clause which is to be reproduced in the commercial warranty contract

Independently of the commercial guarantee, the seller remains bound by the legal guarantee of conformity mentioned in articles L. 217-4 and following of this code (former C. consum., art. L. 211-4 to L. 211-13) and that relating to the defects of the thing sold, under the conditions provided for in items 1641 to 1648 and 2232 of the civil code.

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