These general terms and conditions of sale (hereinafter the "General Terms and Conditions") apply to any purchase made by a natural person (hereinafter the "CUSTOMER") on the website www.druidebio.fr (hereinafter the "WEBSITE") from DermeBio SAS, registered in the Paris Trade and Companies Register under number 993 194 141, with its registered office at 4 rue de la Cerisaie, 75004 Paris – France, with a share capital of €10,500, telephone: 01 59 16 93 90, email: info@dermebio.com (hereinafter referred to as the "SELLER").
IMPORTANT
Any order placed on the Website implies the CUSTOMER's unreserved acceptance of these general terms and conditions.
ARTICLE 1 – DEFINITIONS
The terms used below have the following meanings in these Terms and Conditions:
- CUSTOMER: refers to the SELLER's co-contracting party, who guarantees that they are a consumer as defined by French law and case law. As such, it is expressly provided that the CUSTOMER is acting outside of any usual or commercial activity.
- DELIVERY: refers to the first presentation of the PRODUCTS ordered by the CUSTOMER at the delivery address indicated when the order was placed.
- PRODUCTS: refers to all products available on the WEBSITE.
- TERRITORY(IES): refers to the destination country or countries.
ARTICLE 2 – PURPOSE
These General Terms and Conditions govern the sale of PRODUCTS by the SELLER to its CUSTOMERS.
The CUSTOMER is clearly informed and acknowledges that the WEBSITE is intended for consumers, and that professionals must contact serviceclient@dermebio.com in order to benefit from separate contractual terms and conditions.
Druide Bio is an e-commerce website bearing this name and accessible via the Internet at www.druidebio.fr
This site and its domain name are the property of DermeBio. The Druidebio.fr site offers COSMOS Ecocert-certified organic body care and cosmetic products for sale, as well as organic accessories and/or textiles. The Laboratoires Druide brand featured on the site is committed to people and the environment. This e-commerce site is intended for Internet users who are concerned about and curious to discover safer and more responsible consumption.
The products are available for sale in the following countries: France, Monaco, Andorra, Belgium, Luxembourg, Germany, Austria, Italy, the Netherlands, Great Britain, Ireland, Spain, Portugal, Denmark, Finland, Norway and Sweden.
ARTICLE 3 – ACCEPTANCE OF THE TERMS AND CONDITIONS
The CUSTOMER undertakes to read these Terms and Conditions carefully and to accept them before proceeding with the payment of an order.
They are available at the bottom of each page of the WEBSITE and can be downloaded, printed and saved.
The SELLER recommends that these Terms and Conditions be reread with each new order.
By confirming their order, the CUSTOMER acknowledges that they have read, understood and accepted the Terms and Conditions without restriction or reservation.
ARTICLE 4 – PURCHASE OF PRODUCTS ON THE WEBSITE
To purchase a PRODUCT, the CUSTOMER must be at least 18 years of age and have legal capacity.
The CUSTOMER will be asked to provide information to identify themselves by completing the form available on the WEBSITE. The asterisk (*) indicates the mandatory fields that must be completed for the CUSTOMER's order to be processed by the SELLER. The CUSTOMER can check the status of their order on the WEBSITE. DELIVERIES may, where applicable, be tracked using the online tracking tools provided by certain carriers. The CUSTOMER may also contact the SELLER's sales department by email at serviceclient@dermebio.com to obtain information on the status of their order.
The information that the CUSTOMER provides to the SELLER when placing an order must be complete, accurate and up to date. The SELLER reserves the right to ask the CUSTOMER to confirm, by any appropriate means, their identity, eligibility and the information provided.
ARTICLE 5 – ORDERS
5.1 Product Characteristics
The SELLER undertakes to present the essential characteristics of the PRODUCTS (on the information sheets available on the WEBSITE) and the mandatory information that the CUSTOMER must receive under applicable law.
The CUSTOMER undertakes to read this information carefully before placing an order on the WEBSITE.
Unless expressly stated otherwise on the WEBSITE, all PRODUCTS sold by the SELLER are new and comply with current European legislation and standards applicable in France.
5.2 Ordering procedure
Orders are placed exclusively online on the WEBSITE: selection of products, confirmation of the basket, identification, choice of delivery, method of payment and acceptance of these General Terms and Conditions.
An acknowledgement of receipt confirming the order is then sent to the CUSTOMER.
5.3 Order date
The order date is the date on which the SELLER acknowledges receipt of the order online. The delivery times indicated on the WEBSITE only begin to run from this date.
5.4 Prices
For all PRODUCTS, the CUSTOMER will find prices displayed on the WEBSITE in euros, including all taxes, as well as the applicable delivery costs. These costs take into account the DELIVERY address and the carrier or mode of transport chosen.
Prices include, in particular, value added tax (VAT) at the rate in force on the date of the order. Any change in the applicable rate may affect the price of the PRODUCTS from the date on which the new rate comes into force.
The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold.
The prices of the SELLER's suppliers are subject to change. Consequently, the prices indicated on the WEBSITE may change. They may also be modified in the event of special offers or sales.
The prices indicated are valid, except in the case of gross error. The applicable price is that indicated on the WEBSITE on the date on which the order is placed by the CUSTOMER.
5.5 Product availability
The professional undertakes to deliver the PRODUCT on the date or within the period indicated to the CUSTOMER, unless otherwise agreed by the parties. The unavailability of a PRODUCT is in principle indicated on the page of the PRODUCT concerned. CUSTOMERS may also be informed of the restocking of a PRODUCT by the SELLER.
In any event, if the unavailability was not indicated at the time of the order, the SELLER undertakes to inform the CUSTOMER without delay if the PRODUCT is unavailable.
In the event that a PRODUCT is unavailable, the SELLER may, if the parties agree, offer an alternative PRODUCT of equivalent quality and price, accepted by the CUSTOMER.
If the CUSTOMER decides to cancel their order for unavailable PRODUCTS, they will be refunded all sums paid for the unavailable PRODUCTS within twelve (12) days of payment at the latest.
ARTICLE 6 – RIGHT OF WITHDRAWAL
The CUSTOMER has the right to withdraw by returning or handing back the PRODUCT to the SELLER.
To do so, the PRODUCT must be returned or handed back without undue delay, and no later than fourteen (14) days after communicating their decision to withdraw, unless the SELLER offers to collect the PRODUCT themselves.
Withdrawal period
In accordance with Article L.221-18 of the French Consumer Code, the withdrawal period expires fourteen (14) days after the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the PRODUCT.
In the event that the CUSTOMER has ordered several PRODUCTS via a single order giving rise to several DELIVERIES (or in the case of an order for a single PRODUCT delivered in several batches), the withdrawal period shall expire fourteen (14) days after the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the last PRODUCT delivered.
If the CUSTOMER's order relates to several PRODUCTS and if these PRODUCTS are delivered separately, the withdrawal period shall expire fourteen (14) days after the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the last PRODUCT. To exercise this right of withdrawal and in accordance with Article L.221-21 of the Consumer Code, the CUSTOMER must notify their decision to withdraw by means of an unambiguous statement to: info@dermebio.com
Withdrawal form
(to be copied and returned by email or post)
For the attention of: Customer Service - DermeBio
I hereby notify you of my withdrawal from the contract for the sale of the following PRODUCT:
PRODUCT reference: __________
Ordered on __________ / Received on __________
Method of payment used:
CUSTOMER name: _____________________
CUSTOMER address: _____________________
Delivery address:
CUSTOMER signature (if sent by post)
Date: ___________
Effects of withdrawal
In the event of withdrawal by the CUSTOMER, the SELLER undertakes to refund all sums paid, including delivery costs (with the exception of additional costs arising, where applicable, from the CUSTOMER's choice of a delivery method other than the standard delivery method offered by the SELLER) without undue delay and, in any event, no later than fourteen (14) days from the day on which the SELLER receives the returned PRODUCT. (Article L.221-24 of the Consumer Code).
The SELLER shall make the refund using the same means of payment as that used by the CUSTOMER for the initial transaction, unless the CUSTOMER expressly agrees to a different means of payment; in any event, this refund shall not incur any costs for the CUSTOMER.
The SELLER is not required to reimburse additional costs if the CUSTOMER has expressly chosen a more expensive delivery method than the standard delivery method offered by the SELLER. The SELLER may defer the refund until receipt of the returned goods or until the CUSTOMER has provided proof of shipment of the goods, whichever is earlier.
In order for the withdrawal period to be respected, the CUSTOMER must send their communication regarding the exercise of the right of withdrawal before the expiry of the withdrawal period. The return costs are the responsibility of the CUSTOMER. This period is deemed to have been respected if the CUSTOMER returns the goods before the expiry of the fourteen (14) day period.
Condition of returned goods
The PRODUCT must be returned in accordance with the SELLER's instructions and must include all accessories delivered.
The CUSTOMER shall only be liable for any depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the PRODUCT. In other words, the CUSTOMER is responsible for the goods until they are received by the SELLER; the product must be in perfect condition, unopened and well packaged for shipment. Products must be returned in their original condition, unopened and well packaged, to the following address:
LOVE EXPE – 37 Rue de la Berle, ZAE La Meule, 33680 Lacanau, France. Contact: Sophie Ménard.
The right of withdrawal is excluded if the goods have been opened and/or used.
The right of withdrawal does not apply to products that have been opened, used or unsealed for hygiene reasons. Supplies of sealed goods that cannot be returned for health or hygiene reasons and that have been unsealed by the CUSTOMER after DELIVERY (all cosmetic products and textile products whose labels have been removed).
The SELLER will refund the total amount paid (excluding premium delivery costs) within a maximum of 14 days from receipt of the returned package.
ARTICLE 7 – PAYMENT
7.1 Payment methods
The CUSTOMER may pay for their PRODUCTS online on the WEBSITE using the methods offered by the SELLER: credit card or PayPal account.
The CUSTOMER guarantees to the SELLER that they have all the necessary authorisations to use the chosen method of payment.
The SELLER shall take all necessary measures to ensure the security and confidentiality of data transmitted online in connection with online payment on the WEBSITE.
In this regard, it is specified that all payment information provided on the WEBSITE is transmitted to STRIPE (https://stripe.com/fr) and is not processed on the WEBSITE. The terms and conditions of payment by PayPal are defined by their own T&Cs.
7.2 Payment date
In the case of a single payment by credit card, the CUSTOMER's account will be debited as soon as the order for PRODUCTS is placed on the WEBSITE.
In the case of partial DELIVERY, the total amount will be debited from the CUSTOMER's account at the earliest when the first parcel is dispatched. If the CUSTOMER decides to cancel their order for unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of Article 5.5 of these Terms and Conditions.
7.3 Late or refused payment
Any payment incident will result in the immediate cancellation of the order. In the event that, for any reason whatsoever, opposition, refusal or other, the transfer of the money owed by the CUSTOMER proves impossible, the order will be cancelled and the sale automatically terminated.
ARTICLE 8 – PROOF AND ARCHIVING
Any contract concluded with the CUSTOMER corresponding to an order for an amount exceeding £120 including VAT will be archived by the SELLER for a period of ten (10) years in accordance with Article L. 213-1 of the Consumer Code.
The SELLER agrees to archive this information in order to track transactions and produce a copy of the contract at the CUSTOMER's request.
In the event of a dispute, the SELLER will be able to prove that its electronic tracking system is reliable and guarantees the integrity of the transaction.
ARTICLE 9 – TRANSFER OF OWNERSHIP
The SELLER remains the owner of the delivered PRODUCTS until they have been paid for in full by the CUSTOMER.
The above provisions do not prevent the transfer to the CUSTOMER, upon receipt by the CUSTOMER or by a third party designated by the CUSTOMER other than the carrier, of the risks of loss or damage to the PRODUCTS subject to retention of title, as well as the risks of damage that they may cause.
ARTICLE 10 – DELIVERY
The terms and conditions of DELIVERY of the PRODUCTS are set out in the "delivery policy" accessible at the bottom of each page of the WEBSITE via a hypertext link.
Delivery area
The PRODUCTS offered can only be delivered to the TERRITORY defined by the SELLER.
It is not possible to place an order for any delivery address outside this TERRITORY.
The PRODUCTS are shipped to the delivery address(es) specified by the CUSTOMER during the ordering process.
Shipping time
The time required to prepare an order and issue an invoice before shipping the PRODUCTS in stock is indicated on the WEBSITE. These times do not include weekends or public holidays. An email will be automatically sent to the CUSTOMER when the PRODUCTS are shipped, provided that the email address given in the registration form is correct.
Delivery times and costs
During the ordering process, the SELLER will inform the CUSTOMER of the delivery times and options available for the PRODUCTS purchased.
Shipping costs are calculated based on the delivery method.
The amount of these costs will be payable by the CUSTOMER in addition to the price of the PRODUCTS purchased.
Details of delivery times and costs are provided on the WEBSITE.
In the absence of any indication or agreement as to the delivery date, the SELLER shall deliver the PRODUCT without undue delay and no later than thirty (30) days after the conclusion of the contract. (Article L.216-1 of the Consumer Code).
DELIVERY terms
The parcel will be delivered to the CUSTOMER with or without a signature, depending on the choice made when placing the order.
Depending on the carrier chosen, in the event of absence, a delivery notice will be left with the CUSTOMER, allowing them to collect their parcel from their post office.
The delivery address provided by the CUSTOMER must be precise and accurate. The CUSTOMER's contact details must be clearly visible at the delivery location (letterbox, intercom, etc.) to facilitate delivery. The mobile phone number of the recipient CUSTOMER must be provided when placing the order so that they can be notified of the availability of the parcel, the collection point or any unforeseen circumstances by text message.
DELIVERY problems
The CUSTOMER is informed of the estimated delivery date when they choose the carrier, at the end of the online ordering process, before confirming the order.
It is specified that deliveries will be made within a maximum of thirty (30) days. Failing this, the CUSTOMER must give the SELLER formal notice to deliver within a reasonable period of time and, in the event of non-delivery within this period, may terminate the contract.
The SELLER shall refund the CUSTOMER, without undue delay from receipt of the letter of termination, the total amount paid for the PRODUCTS, including taxes and delivery costs, using the same method of payment as that used by the CUSTOMER to purchase the PRODUCTS.
The SELLER is responsible until the PRODUCT is delivered to the CUSTOMER. It is reminded that the CUSTOMER has a period of three (3) days to notify the carrier of any damage or partial loss noted upon delivery.
- In the event that a third party receives the parcel and the CUSTOMER does not receive their parcel, the SELLER cannot be held liable.
- If the CUSTOMER has requested delivery without signature and the parcel is marked as "Delivered" by the carrier, no refund may be claimed from the SELLER.
ARTICLE 11 – PACKAGING
The PRODUCTS will be packaged in accordance with current transport standards in order to ensure maximum protection for the PRODUCTS during DELIVERY. CUSTOMERS undertake to comply with the same standards when returning PRODUCTS. A PRODUCT that is returned damaged or lost without sufficient traceability assurance from a carrier will not be eligible for a refund.
ARTICLE 12 – WARRANTIES
The CUSTOMER benefits from the legal guarantee of conformity (Articles L.217-4 et seq. of the Consumer Code) and the guarantee against hidden defects (Articles 1641 et seq. of the Civil Code).
These guarantees apply independently of any commercial guarantee.
(The legal texts are reproduced in Appendix 1 below.)
ARTICLE 13 – LIABILITY
The SELLER shall in no event be held liable for any failure to perform or improper performance of its contractual obligations attributable to the CUSTOMER, in particular in the event of an error in the order.
The SELLER shall not be held liable, or considered to have failed to comply with these terms and conditions, for any delay or non-performance when the cause of the delay or non-performance is related to a case of force majeure as defined by the jurisprudence of French courts and tribunals.
It is also specified that the SELLER does not control websites that are directly or indirectly linked to the WEBSITE. Consequently, it excludes all liability for the information published on them. Links to third-party websites are provided for information purposes only and no guarantee is given as to their content. The SELLER declines all responsibility for the content of third-party websites linked by hyperlinks.
ARTICLE 14 – FORCE MAJEURE
The SELLER shall not be held liable if the non-performance or delay in the performance of any of its obligations described in these GTC results from a case of force majeure.
Force majeure in contractual matters occurs when an event beyond the control of the debtor, which could not reasonably have been foreseen at the time of conclusion of the contract and whose effects cannot be avoided by appropriate measures, prevents the debtor from performing its obligation.
If the impediment is temporary, the performance of the obligation shall be suspended unless the resulting delay justifies the termination of the contract. If the impediment is permanent, the contract shall be terminated automatically and the parties shall be released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the Civil Code.
As such, the SELLER shall not be held liable in particular in the event of attacks by hackers, unavailability of equipment, supplies, spare parts, personal equipment or other items, interruption of electronic communications networks, or in the event of any circumstance or event beyond the SELLER's control occurring after the conclusion of the GTC and preventing performance under normal conditions.
It is specified that, in such a situation, the CUSTOMER may not claim any compensation and may not take any legal action against the SELLER.
In the event of any of the above events occurring, the SELLER shall endeavour to inform the CUSTOMER as soon as possible.
ARTICLE 15 – PERSONAL DATA
The data collected is processed in accordance with Regulation (EU) 2016/679 (GDPR) and the French Data Protection Act. The SELLER collects personal data about its CUSTOMERS on the WEBSITE, including through the use of cookies. CUSTOMERS can disable cookies by following the instructions provided by their browser.
The data collected by the SELLER is used to process orders placed on the WEBSITE, manage the CUSTOMER's account, analyse orders and, if the CUSTOMER has expressly chosen this option, send them personalised emails, newsletters, promotional offers and/or information about special sales, unless the CUSTOMER no longer wishes to receive such communications from the SELLER.
The CUSTOMER's data is kept confidential by the SELLER for the purposes of the contract, its execution and in compliance with the law.
CUSTOMERS may unsubscribe at any time by accessing their account or by clicking on the hyperlink provided for this purpose at the bottom of each offer received by email.
The data may be communicated, in whole or in part, to the SELLER's service providers involved in the ordering process. For commercial purposes, the SELLER may transfer the names and contact details of its CUSTOMERS to its commercial partners, provided that the CUSTOMERS have given their express prior consent when registering on the WEBSITE.
The SELLER will specifically ask CUSTOMERS if they wish their personal data to be disclosed. CUSTOMERS may change their mind at any time by contacting the SELLER. The SELLER may also ask its CUSTOMERS if they wish to receive commercial solicitations from its partners.
In accordance with Law No. 78-17 of 6 January 1978 on information technology, files and freedoms and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, known as the GDPR), the SELLER ensures that the rights of the persons concerned are implemented.
It is hereby reiterated that the CUSTOMER whose personal data is processed has the right to access, rectify, update, transfer and erase information concerning them, in accordance with the provisions of Articles 39 and 40 of the amended Data Protection Act, and the provisions of Articles 15, 16 and 17 of the European General Data Protection Regulation (GDPR).
In accordance with the provisions of Article 38 of the amended French Data Protection Act and the provisions of Article 21 of the GDPR, the CLIENT may also, for legitimate reasons, object to the processing of data concerning them, without reason and at no cost. The CLIENT may exercise their rights of access, rectification, erasure, portability and objection by writing to: info@dermebio.com
ARTICLE 16 – COMPLAINTS
Any complaints from the CUSTOMER must be sent by email to serviceclient@dermebio.com with the subject line "Complaint requested – CUSTOMER name". The SELLER's Customer Service department can be reached on the following number: +33 1 59 16 93 90
ARTICLE 17 – INTELLECTUAL PROPERTY
All visual and audio elements of the WEBSITE, including the underlying technology used, are protected by copyright, trademark and/or patent law.
These elements are the exclusive property of the SELLER. Anyone who publishes a website and wishes to create a direct hypertext link to the WEBSITE must request the SELLER's authorisation in writing.
This authorisation from the SELLER shall in no case be granted on a permanent basis. This link must be removed at the request of the SELLER. Hypertext links to the WEBSITE that use techniques such as framing or in-line linking are strictly prohibited.
Any representation or reproduction, in whole or in part, of the WEBSITE and its content, by any means whatsoever, without the prior express authorisation of the SELLER, is prohibited and shall constitute an infringement punishable under Articles L.335-2 et seq. and Articles L.713-1 et seq. of the Intellectual Property Code.
Acceptance of these GTC constitutes recognition by the CUSTOMER of the SELLER's intellectual property rights and a commitment to respect them.
Any reproduction, in whole or in part, without written authorisation is prohibited (Articles L.335-2 and L.713-1 of the Intellectual Property Code).
ARTICLE 18 – VALIDITY OF THE TERMS AND CONDITIONS
Any change in the legislation or regulations in force, or any decision by a competent court invalidating one or more clauses of these General Terms and Conditions shall not affect the validity of these General Terms and Conditions. Such a change or decision shall in no way authorise CUSTOMERS to disregard these General Terms and Conditions. Any conditions not expressly dealt with herein shall be governed in accordance with the customs of the retail sector for companies whose registered office is located in France.
ARTICLE 19 – AMENDMENT OF THE TERMS AND CONDITIONS
These General Terms and Conditions apply to all purchases made online on the WEBSITE, as long as the WEBSITE is available online.
The Terms and Conditions may be modified and updated by the SELLER at any time. The applicable Terms and Conditions are those in force at the time of the order.
Changes to the Terms and Conditions shall not apply to PRODUCTS already purchased.
ARTICLE 20 – JURISDICTION AND APPLICABLE LAW
These General Terms and Conditions and the relationship between the CUSTOMER and the SELLER are governed by French law. In the event of a dispute, only French courts, and more specifically those within the jurisdiction of the Paris Court of Appeal, shall have jurisdiction.
However, prior to any recourse to arbitration or state courts, the CUSTOMER is invited to contact the SELLER in order to attempt to find an amicable solution.
IN THE EVENT THAT THE AMICABLE SETTLEMENT OR AGREEMENT FAILS OR IS NOT CONSIDERED, THE DISPUTE SHALL BE REFERRED TO THE COMPETENT COURT DESIGNATED ABOVE.
ARTICLE 21 – RIGHT TO OBJECT TO TELEMARKETING
In accordance with Article L.223-2 of the French Consumer Code, we inform you of your right to register on the Bloctel telephone marketing opposition list, which allows you to avoid being contacted by telephone by a professional with whom you do not have an ongoing contractual relationship, except in cases provided for by regulations.
If you wish to exercise this right and register on this list, you can do so on the website www.bloctel.gouv.fr
APPENDIX 1 – LEGAL WARRANTIES
Article 12.1 – Guarantee of conformity (Articles L.217-4 to L.217-12 of the Consumer Code)
Article L. 217-4 of the Consumer Code: "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. The seller 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 of the Consumer Code: "The goods shall be in conformity with the contract: 1° If they are fit for the purpose usually expected of similar goods and, where applicable: - if they correspond to the description given by the seller and possess 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 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."
The SELLER may be held liable for any lack of conformity existing at the time of delivery and for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been made its responsibility or has been carried out under its responsibility.
Action resulting from lack of conformity lapses two (2) years after delivery of the PRODUCT (Article L.217-12 of the Consumer Code).
In the event of non-conformity, the CUSTOMER may request the replacement or repair of the PRODUCT, at their discretion. However, if the cost of the CUSTOMER's choice is clearly disproportionate to the other possible option, taking into account the value of the PRODUCT or the significance of the defect, the SELLER may proceed with a refund, without following the option chosen by the Customer.
In the event that replacement or repair is impossible, the SELLER undertakes to refund the price of the PRODUCT within thirty (30) days of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER.
Finally, the CUSTOMER is exempt from providing proof of the existence of the lack of conformity of the PRODUCT for twenty-four (24) months following delivery of the PRODUCT, except for second-hand goods, for which this period is set at six (6) months. (Article L. 217-7 of the Consumer Code).
It is specified that this legal guarantee of conformity applies independently of any commercial guarantee granted, where applicable, on the PRODUCTS.
Article 12.2 – Warranty against hidden defects (Articles 1641 to 1648 of the Civil Code)
The SELLER is bound by the warranty for hidden defects in the PRODUCT sold which render it unfit for its intended use, or which diminish its use to such an extent that the CUSTOMER would not have purchased it, or would only have paid a lower price for it, had they been aware of them. (Article 1641 of the Civil Code)
This warranty allows the CUSTOMER who can prove the existence of a hidden defect to choose between a refund of the price of the PRODUCT if it is returned and a refund of part of its price if the PRODUCT is not returned.
In the event that replacement or repair is impossible, the SELLER undertakes to refund the price of the PRODUCT within thirty (30) days of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER. Action resulting from latent defects must be brought by the CUSTOMER within two (2) years of discovery of the defect. (Paragraph 1 of Article 1648 of the Civil Code)