Terms of Sales
TERMS OF SALES
Preamble & Object
These general conditions of sale aim to define the legal framework that will apply in the relationship between:
WAVE PROTECT FRANCE, a SAS with capital of €10,000, registered with the Bourges Trade and Companies Registry under number 827 656 539.
whose head office is located at 5 ter rue de la gaucherie 18100 Vierzon. WAVE PROTECT France is the owner of the www.wave-protect-france.com website.
and at
Any individual visiting or making a purchase via the website: www.wave-protect-france.com or the buyer.
These general conditions aim to define the reciprocal rights and obligations of the two parties in the context of the online sale of products offered by the company WAVE PROTECT FRANCE to the consumer, from the order, to payment and delivery.
Any order placed for a product featured in the www.wave-protect-france.com online store implies prior consultation and acceptance of these terms and conditions of sale.
Internet users may consult the general terms and conditions of sale at any time by clicking on the “General terms and conditions of sale” heading at the bottom of the screen.
Changes to the general terms and conditions of sale :
WAVE PROTECT FRANCE reserves the right to modify or adapt them at any time without notice. The applicable conditions are those in force on the www.wave-protect-france.com website on the date the buyer places his order.
The buyer declares
– have the legal capacity allowing him to place an order on the site and allowing him to use a bank card.
– not to purchase products from the company WAVE PROTECT FRANCE with a view to reselling them.
Article 1 : Products and avaibility
The site www.wave-protect-france.com offers for sale articles for electromagnetic protection. The products offered for sale by WAVE PROTECT FRANCE are those listed on the site www.wave-protect-france.com, on the day of consultation of the site by the buyer. The products are offered for sale within the limits of available stocks. We reserve the right to modify these offers at any time. Any sold out product will be reported. However, the availability and delivery of a product are only guaranteed by sending us an email confirming your order. In case of unavailability of a product once the order has already been placed and confirmed, an email will inform the customer. All or part of his order will be canceled and he will be refunded within a maximum period of 15 working days in the form of a recrediting of his bank card, by Paypal (according to the method of payment chosen initially). The products offered for sale are photographed and described with the greatest possible accuracy. However, slight color nuances may appear due to materials, screen resolution…in this presentation.
Article 2 : Price
Prices are quoted in euros all taxes included. They take into account the VAT applicable on the day of the order. These prices are exclusive of eco-taxes and for deliveries in France. Any change in the applicable rate may be passed on to the prices of the products. However, prices cannot be changed once the customer’s order has been placed.
Similarly, if one or more taxes or contributions, in particular environmental, were to be created or modified, up or down, this change may be passed on to the selling price of the items present on the WAVE PROTECT FRANCE website.
WAVE PROTECT FRANCE reserves the right to modify its prices at any time. The products will be invoiced on the basis of the rates in force at the time of the registration of the order.
Article 3 : Orders
Orders are exclusively received on the Internet after acceptance of these general conditions of sale. To place an order on the www.wave-protect-france.com site, you must be registered. During this registration, you will be assigned a username and password. If you lose your identifiers, please contact us.
The data relating to the orders are kept on reliable and durable computer media. They are considered as proof of the contractual relations between the parties in the same way as any document drawn up, received or kept in writing.
The customer will receive an order confirmation email. Ce mail confirme que la commande du client a été prise en compte par la société WAVE PROTECT FRANCE. This e-mail confirms that the customer’s order has been taken into account by WAVE PROTECT FRANCE.
Any order implies acceptance of the prices and description of the items available for sale.
WAVE PROTECT FRANCE undertakes to honour orders received on the website only within the limits of available stocks. In the event of unavailability of one or more items ordered, WAVE PROTECT FRANCE undertakes to inform the customer as soon as possible and, if necessary, to reimburse the customer within 15 days of payment of the sums paid. The order of the product concerned will be cancelled. Available items ordered at the same time cannot be canceled.
WAVE PROTECT FRANCE reserves the right to cancel or refuse any order from a customer with whom there is a dispute relating to the payment of a previous order. All orders will only be taken into consideration once payment has been accepted and processed within 48 hours. A second e-mail will inform you of the processing of your order and consequently of the availability of the products. In the event of an error in the customer’s contact details, WAVE PROTECT FRANCE cannot be held responsible for the impossibility of delivering the product(s) ordered.
Article 4 : Payments
Payment methods offered
WAVE PROTECT FRANCE offers several methods of payment:
1. Payment by credit card (CB, Visa or Mastercard): the debit is made when your order is confirmed.
2. Paypal payments
In the case of payment of the order by PayPal, the Customer having a PayPal account enters his e-mail address linked to his PayPal account and his PayPal password. PayPal encrypts all the information that the Customer communicated to it when creating an account.
Thus, no information other than the Customer’s e-mail address is communicated to the company WAVE PROTEC France.
Financial and personal information is automatically encrypted when sending any sensitive information to PAYPAL servers. For more information on the security of transactions between PAYPAL and the Customer’s bank, WAVE PROTECT France invites the Customer to contact PAYPAL.
In the case of an item return, the refund will be made in the form of a recredit to the Paypal account used for the payment of the original order. The invoice for the product will be inserted in the package containing the ordered product.
FIGHT AGAINST BANK CARD FRAUD 100% secure by Paypal
The information related to the order is subject to automated data processing, the manager of which is Paypal-. The purpose of this automated data processing is to define a level of analysis of a transaction and to fight against credit card fraud.
Paypal and WAVE PROTECT FRANCE are the recipients of data relating to the order. The non-transmission of data related to the order prevents the completion and analysis of the transaction.
The occurrence of an outstanding payment due to the fraudulent use of a credit card will result in the registration of the details relating to the order associated with this outstanding payment in a payment incident file implemented by Paypal. An irregular declaration or an anomaly may also be subject to specific processing. In accordance with the French Data Protection Act of January 6, 1978, the buyer has the right to access, rectify and object to all personal data at any time by writing, by post and providing proof of identity, to Paypal.
3. Payment by Stripe
In the case of payment of the order by Stripe, the Customer having a Stripe account enters his e-mail address linked to his Stripe account and his Stripe password. Stripe encrypts all the information that the Customer communicated to it when creating an account.
Thus, no information other than the Customer’s e-mail address is communicated to the company WAVE PROTEC France.
Financial and personal information is encrypted automatically when sending any sensitive information to Stripe servers. For further information on the security of transactions between Stripe and the Customer’s bank, WAVE PROTECT France invites the Customer to contact Stripe.
In the case of an item return, the refund will be made in the form of a credit to the Stripe account used for the payment of the original order. The invoice for the product will be inserted in the package containing the ordered product.
FIGHT AGAINST BANK CARD FRAUD 100% secured by Stripe
The information related to the order is subject to automated data processing, the manager of which is Stripe -. The purpose of this automated data processing is to define a level of analysis of a transaction and to fight against credit card fraud.
Stripe l and WAVE PROTECT FRANCE are the recipients of the data relating to the order. The non-transmission of data related to the order prevents the completion and analysis of the transaction.
The occurrence of an outstanding payment due to fraudulent use of a credit card will result in the registration of the contact details relating to the order associated with this outstanding payment in a payment incident file implemented by Stripe. An irregular declaration or an anomaly may also be subject to specific processing. In accordance with the French Data Protection Act of January 6, 1978, the purchaser has the right to access, rectify and object to all personal data at any time by writing, by post and providing proof of identity, to Stripe.
4. Payment by check
In the case of payment by check, the check must be made out to WAVE PROTECT France, and sent to the address of the order processing center.
WAVE PROTECT France 12 place Foch 18100 VIERZON
Upon receipt and payment, the order will be shipped to the customer.
5. Payment by bank transfer
In the case of payment by bank transfer, the transfer must be made according to the bank details of WAVE PROTECT France mentioned on your order acknowledgement.
Upon receipt of the transfer to the WAVE PROTECT France account, the order will be dispatched as agreed under the conditions of its validation.
WAVE PROTECT FRANCE will be at liberty to verify the personal data provided by the customer and to adopt any measures deemed necessary (request for proof or cancellation of the order) to ensure that the person whose bank account is debited is indeed the person who placed the order and to avoid any fraudulent use of credit card numbers.
It is not possible to pay on the WAVE PROTECT FRANCE website by any means other than credit card, Paypal, Stripe, bank transfer or cheque. We invite you to go directly to our site if you wish to use your credit.
Article 5 : DELIVERY
How are items delivered?
All items are entrusted to the services of LA POSTE upon receipt of payment by the company WAVE PROTECT FRANCE. A confirmation of the shipment of the order is sent to the buyer by e-mail with tracking number. As a general rule following confirmation, for delivery in Metropolitan France. Delivery of the package without signature of the recipient or any authorized person, and the address of your choice.
In the event of an impediment or delay, the purchaser will be notified by e-mail or telephone. Should an item be temporarily out of stock, the purchaser will be informed immediately. To ensure smooth delivery, it is the buyer’s responsibility to carefully enter his or her delivery address at the time of ordering. In the event of errors or inaccuracies in the purchaser’s contact details, WAVE PROTECT France cannot be held responsible for the impossibility of delivering the order. In the case of delivery to a company: the responsibility of WAVE PROTECT France ends upon proof of deposit of the parcel by the services of LA POSTE.
What are the shipping costs and lead times? :
The amounts of shipping costs are fixed and amounting to €5.99 and valid for an order of one item or several items.
How can I track the shipment of my order?
When the parcel is dispatched, the buyer will receive an email confirming the dispatch of his parcel, with a tracking number which will allow him to follow it online on the site of our transport partner. Incidents (strikes, blocking of road networks, etc.), losses at processing centers can lead to delays, the buyer can report them to us by sending us a message via the “Contact” section, recalling his parcel tracking.
Delivery issues
In the event that the purchaser observes a break-in or damage to the parcel. We advise you, if the original packaging is damaged, torn or opened at the time of delivery, to check the condition of the items. To obtain a refund or exchange of items (subject to availability), the purchaser must inform us of any problem by sending us an e-mail to contact@wave-protect-france.com . He must report in detail the problem observed (eg damaged package, already opened, etc.).
The buyer may be asked to provide a photo of the damage by email. In the event of non-delivery of the package by the carrier, the buyer must inform the company WAVE PROTECT France by email. We will then open an investigation with the services concerned. An email indicating that an investigation is open will be sent to you. The deadlines for a definitive response from the Post Office vary from 2 to 4 weeks. If the package is found, it will be sent to the customer according to the usual procedure. If the package is declared lost and there is no more stock available to ensure a second shipment, the order will be refunded as soon as possible.
Article 6: Returns and “satisfied or reimbursed” right of withdrawal
You have the right to withdraw from this contract without giving any reason within fourteen days.
The withdrawal period expires fourteen days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the goods.
To exercise the right of withdrawal, you must notify us, your name, your address and, when available, your telephone number and your e-mail address, your decision to withdraw from this contract by means of a declaration devoid of ambiguity. You can use the model withdrawal form but it is not mandatory.
For the withdrawal period to be respected, it is sufficient that you send your communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
Effects of withdrawal
In the event of your withdrawal from this contract, we will refund all payments received from you, including delivery costs (except for additional costs arising from the fact that you have chosen, where applicable, a method of delivery other than the less expensive method of standard delivery offered by us) without undue delay and, in any event, no later than fourteen days from the day on which we are informed of your decision to withdraw from this contract. We will proceed with the reimbursement using the same means of payment as the one you used for the initial transaction, unless you expressly agree to a different means, in any event, this reimbursement will not incur any costs for you.
We may withhold reimbursement until we have received the goods or until you have provided proof of shipment of the goods, whichever date is first.
– Or you can return the goods by your own means to the following address:
WAVE PROTEC France, 12 place Foch 18100 VIERZON
– You are only liable for the depreciation of the good resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the good.
Sample withdrawal form :
To the attention of: WAVE PROTECT FRANCE
I hereby notify you of my withdrawal from the contract relating to the sale of the property below:
Ordered on:………………………….
Name of consumer:…………………………………………..
Consumer’s address:………………………………………… ……
Signature of the consumer:…………………………..
Date :…………………………
Article 7. Offers and promotional codes:
Promotional codes or “Sponsorship” offers generated by the company WAVE PROTECT France do not apply to shipping costs, unless the promotional code specifically relates to shipping costs. These are offers that can be used excluding promotions and exceptional offers (unless specified). Promotional codes cannot be combined with other promotional codes or offers (unless specified).
Article 8 : Responsability
The Products offered comply with French legal and regulatory provisions. Consequently, WAVE PROTECT FRANCE cannot be held liable in the event of non-compliance with the legislation of the country where the Product is delivered in a territory not subject to French regulations. The Customer is solely responsible for verifying the possibility of importing and/or using the Products in the delivery territory not subject to French regulations. In addition, WAVE PROTECT FRANCE draws the attention of its Customers to the fact that, unless otherwise stated on the item sheets or special request made to customer service, the Products marketed by WAVE PROTECT FRACE are intended exclusively for personal use or eating. In the event of failure by the Customer to comply with the provisions of the present article, WAVE PROTECT FRANCE reserves the right to refuse all requests for reimbursement of Products or implementation of contractual warranties and the Customer shall be solely responsible for the use made of the Products.
Article 9: Intellectual property
All elements of the WAVE PROTECT FRANCE website, visuals, texts, comments, illustrations and images published by WAVE PROTECT FRANCE or the underlying technology, are protected by copyright, trademark rights, patent rights or any other intellectual property right recognized by current legislation and for the whole world. Any total or partial reproduction of the site published by WAVE PROTECT France is strictly forbidden.
The user who has a personal Internet site and who wishes to place, for personal use, on his site a simple link referring directly to the Home Page of the site www.wave-protect-france.com, must request prior authorization from the company WAVE PROTECT FRANCE. In this case, it cannot be an implicit affiliation agreement. In all cases, any link, even tacitly authorized, must be removed on simple request from the company WAVE PROTECT FRANCE.
Article 10: Personal data
The information of personal information collected in the context of distance selling is mandatory, this information being necessary for the processing and delivery of orders as well as for the establishment of invoices. This information also makes it possible to strengthen and personalize the communication and the product offer reserved for customers of the company WAVE PROTECT FRANCE, in particular through the newsletter of the company WAVE PROTECT FRANCE. This information is strictly confidential and is intended only for WAVE PROTECT FRANCE.
In accordance with the law, n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms, the processing of personal information collected on the site www.wave-protect-france.com has made the object of a declaration to the National Commission for Computing and Liberties (CNIL). The Internet user has a right to access, modify, rectify and delete data concerning him. To exercise this right, the Internet user must send an e-mail to the WAVE PROTECT FRANCE customer service department at the following address: contact@wave-protect-france.com or a letter to the following address: WAVE PROTECT FRANCE- Service client – 5ter rue de la gaucherie – 18100 VIERZON. You can still change your personal details in your “My account” area by logging in with your email address and password. You can also manage your subscription to the www.maisonetstyles.com newsletter at any time from your customer account, or by following the unsubscribe link at the bottom of each email received.
Article 11 : Warrants
WAVE PRTOECT FRANCE reminds Customers that it guarantees the conformity of the Products and is therefore liable for defects in the conformity of the Products in accordance with article L.217-4 of the Consumer Code and hidden defects in accordance with articles 1641 and following of the Civil Code.
All our products benefit from:
– the legal guarantee of conformity
– the legal guarantee against hidden defects.
To be able to benefit from the guarantee of the products, it is imperative to keep the purchase invoice of the product.
The contractual warranties do not cover:
– abnormal or non-compliant use of the products. In this respect, we invite you to carefully consult the maintenance advice,
– the defects and their consequences related to the use not in conformity with the use for which the product is intended,
– defects and their consequences related to any external cause.
In all cases, WAVE PROTECT FRANCE cannot be held responsible if the manufacturer refuses to apply its warranty for the above-mentioned reasons.
| When acting on the basis of the legal warranty of conformity, WAVE PROTECT France informs the Customer : – That he/she has a period of two (2) years to take action from the date of delivery of the Product; – That he/she may choose between replacement or repair of the Product, provided that this choice does not entail a manifestly disproportionate cost in relation to the value of the Product or the importance of the defect. If this is the case, WAVE PROTECT FRANCE may then opt for the method not chosen by the Customer; – That the Customer is exempted from proving the existence of the lack of conformity of the Product during the six (6) months following the delivery of the latter for second-hand goods, and during the twenty-four (24) months following the delivery of the latter for other goods; – That the Customer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. If necessary, he can choose between the resolution of the sale or a price reduction. This legal guarantee applies independently of the contractual guarantees as provided for in article 11.2 of these General Conditions. |
Terms of return manufacturer / legal warranty:
To make a return, the customer must inform the company WAVE PROTECT FRANCE to organize, free of charge, the return and/or exchange of the article when it falls within the framework of a guarantee.
Article 12: Applicable law and Disputes
These general conditions are subject to French law. This is the case for rules of substance as well as for rules of form.
In the event of a dispute or claim, the customer and WAVE PROTECT FRANCE agree to seek an amicable solution before taking any legal action. Disputes and complaints will always be treated with kindness. Failing this, any legal action will be brought exclusively before the territorially competent court.
Article 13 : Force majeure
The execution by the company of all or part of its obligations will be suspended in the event of the occurrence of a fortuitous event or force majeure which would hinder or delay its execution. The various cases recognized by case law are considered as such. In such a case, WAVE PROTECT FRANCE will inform its customers within seven days by e-mail.
Article 14. Entire contract:
These general conditions of sale and the order summary sent to the customer form a contractual whole and constitute the entirety of the contractual relations between the parties. The General Terms and Conditions and sales concluded via the Website are subject to French law and to the jurisdiction of the French courts determined in application of the French Code of Civil Procedure. The language applicable to these General Terms and Conditions and to sales concluded via the Website is French.
In accordance with the provisions of article L.211-3 of the French Consumer Code, the Customer is hereby informed that any dispute which may arise between him/her and WAVE PROTECT FRANCE concerning the validity, interpretation, execution or non-execution, interruption or termination of the rights and obligations of the General Terms and Conditions, may, in compliance with the mediation rules available on the site mentioned below and after prior written application by the Customer to WAVE PROTECT FRANCE, and whose settlement has not been successful, be submitted to the consumer mediation of the E-commerce Mediator, who has sole jurisdiction in application of the present terms. However, the Parties remain free to accept or refuse the use of consumer mediation. In addition, any solution proposed by the mediator will not be binding on the Parties, who may waive it. https://www.mediation-service.fr/
Article 15. Account deactivation:
Registration on the Website has no time limit. However, any Customer Account that is totally inactive continuously for 3 years is, subject to the application of legal or regulatory provisions, archived by WAVE PROTECT FRANCE and is no longer available on the Website. The Customer retains the possibility of interrupting, without reason, at any time his Account on the Website according to the following methods:
Write to us at the following email address contact@wave-protect-france.com or at the following physical address :
WAVE PROTECTFRANCE Customer Service – 5ter rue de la gaucherie – 18100 Vierzon by requesting the deactivation of their account and providing a copy of both sides of an official identity document with photo and clearly visible, legible and understandable, in order to avoid any risk of identity theft.
APPENDICES
Legal dispositions
Version amended by Law No. 2017-203 of February 21, 2017
WAVE PROTECT FRANCE declines all responsibility in the event of legislative changes not mentioned on the Site despite its efforts to update. The Customer is invited to check each time these pages are consulted, the accuracy of the articles reproduced below.
Right to retract
Article L.221-18 of the Consumer Code
“The consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded at a distance, following telephone or off-premises canvassing, without having to justify his decision or bear other costs. than those provided for in Articles L. 221-23 to L. 221-25.
The period mentioned in the first paragraph runs from the day:
1° The conclusion of the contract, for contracts for the provision of services and those mentioned in Article L. 221-4;
2° From the receipt of the goods by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of goods. For contracts concluded off-premises, the consumer may exercise his right of withdrawal from the conclusion of the contract.
In the case of an order relating to several goods delivered separately or in the case of an order for a good made up of batches or multiple parts whose delivery is staggered over a defined period, the period runs from receipt of the last good or lot or of the last piece.
For contracts providing for the regular delivery of goods during a defined period, the period runs from the receipt of the first good”.
Article L.242-3 of the Consumer Code
“Any clause by which the consumer abandons his right of withdrawal defined in article L. 221-18 is void”.
Article L.221-20 of the Consumer Code
“When information on the right of withdrawal has not been provided to the consumer under the conditions set out in 2° of Article L. 221-5, the withdrawal period is extended by twelve months from the expiry of the initial withdrawal period, determined in accordance with Article L. 221-18. However, where the provision of this information occurs during this extension, the withdrawal period expires at the end of a period of fourteen days from the day on which the consumer received this information”.
Article L.221-21 of the Consumer Code
“The consumer exercises his right of withdrawal by informing the trader of his decision to withdraw by sending, before the expiry of the period provided for in Article L. 221-18, the withdrawal form mentioned in 2° of Article L. 221-5 or any other unambiguous statement expressing his wish to withdraw. The trader may also allow the consumer to fill in and send the form or declaration provided for in the first paragraph online via his website. In this case, the trader shall immediately provide the consumer with an acknowledgement of receipt of the withdrawal on a durable medium”.
Article L.221-22 of the Consumer Code
“The burden of proof of the exercise of the right of withdrawal under the conditions provided for in Article L. 221-21 weighs on the consumer”.
Article L.211-23 of the Consumer Code
“The consumer shall return or restitute the goods to the trader or to a person designated by the latter, without undue delay and, at the latest, within fourteen days of communicating his decision to withdraw in accordance with Article L. 221-21, unless the trader offers to collect the goods himself. The consumer shall only bear the direct costs of returning the goods, unless the professional agrees to bear them or has failed to inform the consumer that these costs are to be borne by him. However, for off-premises contracts, where the goods are delivered to the consumer’s home at the time the contract is concluded, the trader will collect the goods at his own expense if they cannot be returned normally by post due to their nature. The consumer may only be held liable in the event of depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of these goods, provided that the professional has informed the consumer of his right of withdrawal, in accordance with 2° of article L. 221-5.”.
Article L.221-24 of the Consumer Code
“Where the right of withdrawal is exercised, the trader shall reimburse the consumer for all sums paid, including delivery costs, without undue delay and no later than fourteen days from the date on which he is informed of the consumer’s decision to withdraw. For contracts for the sale of goods, unless the trader offers to collect the goods himself, he may defer reimbursement until he has collected the goods or until the consumer has provided proof of dispatch of the goods, whichever is the earlier. The trader shall make the refund using the same means of payment as the one used by the consumer for the initial transaction, unless the consumer expressly agrees to use another means of payment and insofar as the refund does not incur any costs for the consumer. The trader is not obliged to reimburse additional costs if the consumer has expressly chosen a more expensive method of delivery than the standard method proposed by the trader”.
Article L.242-4 of the Consumer Code
“When the professional has not reimbursed the sums paid by the consumer, the sums due are automatically increased by the legal interest rate if the reimbursement occurs no later than ten days after the expiry of the deadlines set out in the first and second paragraphs of Article L. 221-24, 5% if the delay is between ten and twenty days, 10% if the delay is between twenty and thirty days, 20% if the delay is between thirty and sixty days, 50% between sixty and ninety days and five additional points for each new month of delay up to the price of the product, then the legal interest rate”.
Article L.221-25 of the Consumer Code
“If the consumer wishes that the performance of a provision of services or of a contract mentioned in the first paragraph of Article L. 221-4 begins before the end of the withdrawal period mentioned in Article L. 221- 18, the professional collects his express request by any means for contracts concluded at a distance and on paper or on a durable medium for contracts concluded off premises.
The consumer who has exercised his right of withdrawal from a contract for the provision of services or from a contract mentioned in the first paragraph of Article L. 221-4 the performance of which has begun, at his express request, before the end the withdrawal period pays the professional an amount corresponding to the service provided until the communication of his decision to withdraw; this amount is proportionate to the total price of the service agreed in the contract. If the total price is excessive, the appropriate amount is calculated based on the market value of what was provided.
No amount is due by the consumer who has exercised his right of withdrawal if his express request has not been collected pursuant to the first paragraph or if the professional has not complied with the obligation to inform provided for in 4 of the ‘article L. 221-5’.
Article L.221-26 of the Consumer Code
“The consumer who has exercised his right of withdrawal from a contract for the supply of digital content not supplied on a material medium is not liable for any sum if:
1° The professional has not obtained his express prior agreement for the performance of the contract before the end of the withdrawal period as well as proof of his waiver of his right of withdrawal;
2° The contract does not include the information provided for in the third paragraph of articleL. 221-9and in the second paragraph of articleL. 221-13.».
Article L.221-27 of the Consumer Code
“Exercising the right of withdrawal puts an end to the obligation of the parties either to perform the distance contract or the off-premises contract, or to conclude it when the consumer has made an offer.
Exercising the right of withdrawal from a main distance or off-premises contract automatically terminates any ancillary contract, at no cost to the consumer other than those provided for in Articles L. 221-23 to L. 221-25”.
Article L.221-28 of the Consumer Code
“The right of withdrawal cannot be exercised for contracts:
1° Supply of services fully performed before the end of the withdrawal period and whose performance has begun after the consumer’s express prior agreement and express waiver of his right of withdrawal;
2° The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the trader and which may occur during the withdrawal period;
3° Supply of goods made to the consumer’s specifications or clearly personalized;
4° Supply of goods liable to deteriorate or expire rapidly;
5° Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
6° The supply of goods which, after delivery and by their nature, are inseparably mixed with other articles;
7° The supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the trader;
8° 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;
9° Supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
10° Supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
11° Concluded during a public auction;
12° Provision of accommodation services, other than residential accommodation, goods transport services, car rental, catering or leisure activities which must be provided on a given date or for a specific period;
13° For the supply of digital content not provided on a material medium, the execution of which has begun after the consumer’s express prior agreement and express waiver of his right of withdrawal.
Legal guarantee of conformity
Article L.217-4 of the Consumer Code
“The seller delivers 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”.
Article L.217-5 Consumer Code
“The property is in accordance with the contract:
1° If it is specific to the use usually expected of a similar item and, where applicable:
– if it corresponds to the description given by the seller and has the qualities that the latter 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 his representative, in particular in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller’s attention and which the latter has accepted”.
Article L.217-12 of the Consumer Code
“The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods”.
“The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods”.
“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.
Warranty against hidden defects
Article 1641 of the Civil Code
“The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lesser price for them, if he had known them”.
Article 1648 paragraph 1 Civil Code
“The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect”.
