Terms of Sale
Selling personal artworks online to individual consumers
These general conditions of sale apply to all sales made on the davidalstore.com website.
The davidalstore.com/davidalstore.fr website is a service of:
The individual company David Antonio Loureiro alias David AL
registered in France under number 48470859900028 at INSEE
Located 20 rue Henri Messager 76170 Lillebonne, France
Site URL address: davidalstore.com / davidalstore.fr
Telephone number: 00 33954252109
The David AL Store website sells the following products: Personal works of art.
The customer declares to have read and accepted the general conditions of sale prior to placing his order. The validation of the order therefore implies acceptance of the general conditions of sale.
Article 1 - Principles
The present general conditions express the entirety of the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.
The present general terms and conditions of sale apply to the exclusion of all other terms and conditions, in particular those applicable to sales in stores or by means of other distribution and marketing channels.
They are accessible on the David AL Store website and shall prevail, if necessary, over any other version or any other contradictory document.
The seller and the buyer agree that the present general conditions exclusively govern their relationship.
The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put online. If a condition of sale were to be lacking, it would be considered to be governed by the customs in force in the sector of the remote sale whose companies have their seat in France.
The present general conditions of sale are valid until January 01, 2023.
Article 2 - Content
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the David AL Store website.
The present conditions concern only the purchases made on the site of Davidalstore and delivered exclusively in Europe and in Metropolitan France (Hexagon). For any delivery in the DOM-TOM or internationally, it is advisable to address a message to the following e-mail address: firstname.lastname@example.org.
These purchases relate to the following products: Personal Artworks.
Article 3 - Pre-contractual information
The buyer acknowledges having been informed, prior to placing the order and concluding the contract, in a legible and comprehensible manner, of the present general conditions of sale and of all the information listed in Article L. 221-5 of the Consumer Code.
Are transmitted to the buyer, in a clear and understandable way, the following information :
- the essential characteristics of the good (artworks);
- the price of the good and/or the method of calculation of the price;
- if applicable, all additional transport, delivery or postage costs and any other costs that may be due;
- in the absence of immediate performance of the contract, the date or period within which the seller undertakes to deliver the goods, regardless of the price;
- information on the identity of the seller, its postal, telephone and electronic contact details, and its activities, those relating to legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence and terms of implementation of guarantees and other contractual conditions.
Article 4 - Validation of the order on the davidalstore.com website
The buyer has the possibility of placing his order on line, starting from the catalog on line and by means of the form which appears there, for any product (artworks), within the limit of stocks available.
The buyer will be informed of any unavailability of the product or good ordered.
To place an order on the site www.davidalstore.com, the buyer will be guided through the following steps:
- Selection of the products on the site in the "Basket",
- Choice, when it is proposed, of the mode of delivery of the products displayed in the " Basket ",
- Presentation of the summary of the order, which can be modified, and its total price,
- Choice of the payment method,
- Sending an email to the buyer confirming the order after acceptance of payment.
In order for the order to be validated, the buyer must accept, by clicking where indicated, the present general conditions.
The sale will be considered final :
- after the sending to the buyer of the confirmation of the acceptance of the order by the salesman by electronic mail;
- and after collection by the seller of the full price.
Any order implies acceptance of the prices and the description of the products available for sale. Any dispute on this point will intervene within the framework of a possible exchange and the guarantees mentioned below.
In certain cases, notably non-payment, erroneous address or other problem on the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.
For any question relating to the follow-up of an order, the purchaser can call the following telephone number: 0954252109 (cost of a local call), during the following days and hours: from Monday to Friday, from 8:00 am to 7:00 pm, or send an e-mail to the seller at the following e-mail address: email@example.com.
Article 5 - Electronic signature
The online provision of the buyer's credit card number and the final validation of the order will be considered proof of the buyer's agreement:
- Payability of the sums due under the purchase order;
- signature and express acceptance of all operations carried out.
In case of fraudulent use of the bank card, the buyer is invited, as soon as this use is noticed, to contact the seller at the following telephone number: 00 00 33954252109 or by sending an email to this address: firstname.lastname@example.org.
Article 6 - Order confirmation
The seller provides the buyer with an order confirmation by e-mail.
Article 7 - Proof of the transaction
The computerized registers, kept in the computer systems of the seller in reasonable conditions of security, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is made on a reliable and durable support that can be produced as evidence.
Article 8 - Product information
The products governed by the present general conditions are those which appear on the seller's website and which are indicated as sold and shipped by the seller. They are offered within the limits of available stocks.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions have occurred in this presentation, the responsibility of the seller could not be engaged. The photographs of the products are not contractual.The seller (David AL) undertakes to provide photographs in the catalog of its products (works) for sale on the davidalstore.com site that are as close as possible to reality. However, some photographs may show slight variations, such as shadows, reflections or contrast.
Article 9 - Prices
The seller reserves the right to modify its prices at any time but undertakes to apply the prices in force at the time of the order, subject to availability on that date.
The prices are indicated in euros. Some products on sale on this site specify the integration of delivery costs while others do not take into account the delivery costs which are invoiced in supplement, and indicated before the validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will automatically be reflected in the price of the products in the online store.
If one or more taxes or contributions, in particular environmental, were to be created or modified, in rise as in fall, this change could be reflected on the selling price of the products.
Article 10 - Payment
This is an order with a payment obligation, which means that placing the order implies payment by the buyer.
Regardless of the method of payment chosen from among those accepted on the davidalstore.com site, orders will not be considered recorded until payment has been validated and received.
Thus, until the payment is validated by the intermediary chosen by the buyer, the order cannot be prepared by the seller.
10.1 Methods of payment
To pay for their order, buyers have a choice of all the payment methods made available to them by the seller and listed on the davidalstore.com site. All payments made on the davidalstore.com site are managed by Mollie, an online payment platform and David AL's payment partner.
For more information on Mollie's payment partner platform, go to this address: www.mollie.com
The payment of the price is carried out in totality with the day of the order, according to the following methods:
10.1.1 Payment by credit card
Payment can be made by the following credit cards: Carte Bleue, VISA, MASTERCARD, American Express, PostePay, Apple Pay, Bancontact, iDEAL, SOFORT Banking, EPS, Giropay, KBC/CBC, Przelewy24 and Belfius Direct Net.
The Customer is able to consult the General Terms and Conditions of Sale and Use of each of these bank cards on the websites of our partners.The choice of one of these payment cards implies tacit acceptance of the general conditions of sale and use of the said partners.
We invite the buyers to refer to them, the salesman not being able to be held responsible for the conditions thus posed by these independent partners.
Online payment by credit card is perfectly secure and allows you to enter the number, expiration date and security code of the card in the spaces provided. Indeed, the credit card details are encrypted thanks to the SSL (Secure Socket Layer) protocol and are never transmitted unencrypted on the network. The payment is made directly to the bank via the service provider in charge of receiving payments: Mollie. David AL, the seller, has no access to these details and cannot store them on its servers. This is why they are requested again for each new transaction on the davidalstore.com site.
10.1.2 Payment by bank transfer - SEPA
The online payment by bank transfer is a manual money transfer made by the buyer. Following the validation of the order by the buyer and the choice of the payment method by SEPA transfer, the buyer will receive a summary email from the seller's payment partner: Mollie.
This email will contain all the necessary information to make your payment to David AL via this partner. This information will only be valid for the execution of your order.
The beneficiary of the transfer to validate your order will be : Stichting Mollie Payments
In order not to slow down the transfer process for the payment of the order and thus trigger the delivery, the buyer will have to make sure to fill in correctly the data on his transfer order by specifying in particular the reference of the payment in the field "reason" of his bank transfer (reference communicated in the email sent by Mollie) .
Please note that a payment made by bank transfer can take up to 2 working days. Each payment by bank transfer must be received within 12 days of the date of your order. Payments received after this date will be automatically cancelled and refunded. Your order will not be processed until payment has been received by our payment partner Mollie.
10.2 Fight against fraud
David AL, the seller reserves the right to check the validity of the payment, before shipping the order, by any means it deems necessary (including identification, proof of address, etc.).
10.3 Incident of payment
The buyer guarantees to the seller that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the order form. The seller reserves the right to suspend any order processing and any delivery in case of refusal of authorization of payment by bank card from the officially accredited organizations or in case of non-payment.
The seller reserves in particular the right to refuse to make a delivery or to honour an order from a buyer who has not fully or partially settled a previous order or with whom a payment dispute is being administered. In case of fraud, David AL, the seller, reserves the right to strike off any member without any notice or compensation.
Article 11 - Availability of products - Deadlines - Refunds - Resolution
Except in cases of force majeure or during periods of closure of the online store that will be clearly announced on the homepage of the site, the shipping times will be, within the limits of available stocks, those indicated below. The shipping times run from the date of registration of the order indicated on the order confirmation email.
11.1 Order preparation times
David AL, the seller reserves the right to subcontract all or part of the preparation and shipment of the order to a third party mandated to perform this service. All products (works) sold by David AL being deemed available in stock, orders are prepared within 78 working hours as of the first working day following the registration of the order within the meaning of the present GTC. Thus, orders placed on a Saturday, Sunday or holiday will be processed on the next working day.
11.1 Delivery times for orders
David AL, the seller reserves the right to choose the most appropriate mode of transport according to the nature of the product, its weight and its volume, which the buyer declares to have taken note of and to accept.
The delivery time will not exceed 30 working days after the date of validation of the payment by the buyer (date of registration of the order).
Delivery times cannot be guaranteed in case of force majeure, as defined by law and jurisprudence. Delivery times may vary depending on any payment control procedures of the buyer and delay the shipment of his order (see provisions of Article 10.2).
The announced delivery times run from the moment the order is registered. The expected delivery date is indicated at the time of the order and at the level of each of the works in the Info tab. This delay is an average delay corresponding to the time necessary for the specific packaging of the works as well as the service used for a delivery in Continental France.
For deliveries in Metropolitan France and Corsica, the time is 3 days from the day after the buyer has placed his order, according to the following methods: UPS, TNT, DHL, Collissimo
For deliveries in Europe, the terms of delivery will be specified to the buyer on a case by case basis.
In case of non-compliance with the agreed delivery date or time, the buyer shall, before breaking the contract, request the seller to execute the contract within a reasonable additional time.
If the Seller fails to do so within such further period, the Buyer shall be free to withdraw from the contract.
The purchaser must complete these successive formalities by registered letter with acknowledgement of receipt or by a written document on another durable medium.
The contract will be considered terminated upon receipt by the seller of the letter or writing informing him of this termination, unless the professional has performed in the meantime.
The buyer may, however, terminate the contract immediately, if the dates or deadlines referred to above constitute an essential condition of the contract for him.
In this case, when the contract is cancelled, the seller is obliged to reimburse the buyer for the totality of the sums paid, at the latest within 14 days following the date on which the contract was cancelled. In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the possibility to cancel his order.
The buyer will then have the choice of requesting either a refund of the sums paid within 14 days at the latest of their payment, or the exchange of the product.
Article 12 - Terms of delivery
The delivery means the transfer to the consumer of the physical possession or control of the good. The ordered products are delivered according to the modalities and the time specified above. The products are delivered to the address indicated by the purchaser on the order form, the purchaser will have to take care of its exactitude.
The buyer can track his or her order at any time using the order number provided in the e-mail formally registering the order, in his or her "My Account" space on the davidalstore.com website.This space allows for precise tracking of the order and its status, particularly with regard to shipment or delivery, for each mode of transportation provided.
It is reminded that since all communication between the buyer and the davidalstore.com site is essentially carried out through email exchanges, it is essential that the buyer provide David AL with a valid and regularly updated email address via the davidalstore.com site. Failing this, David AL shall not be held responsible for any consequences resulting from the communication of an erroneous or non-updated email address.
Any package returned to the seller because of an erroneous or incomplete delivery address will be reshipped at the buyer's expense. The buyer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided to this effect on the order form.
If the buyer is absent on the day of delivery, the deliveryman will leave a notice in the mailbox, which will allow the buyer to collect the package at the place and time indicated.
If at the time of delivery, the original packaging is damaged, torn, opened, the buyer must check the condition of the items.
If they have been damaged, the buyer must refuse the package and note a reservation on the delivery slip (package refused because opened or damaged).
The buyer must indicate on the delivery form and in the form of handwritten reserves accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery form, damaged package, broken products ...).
This verification is considered to have been carried out as soon as the buyer, or a person authorized by him, has signed the delivery note.
The buyer will then have to confirm by registered mail these reserves to the carrier at the latest in the two working days following the reception of the articles and to transmit a copy of this mail by fax or simple mail to the salesman to the address indicated in the legal mentions of the site.
If the products need to be returned to the seller, they must be the subject of a request for return to the seller within 14 days of delivery. Any claim made outside of this period will not be accepted. The return of the product can only be accepted for products in their original condition (packaging, certificate of authenticity...).
Article 13 - Delivery errors
The purchaser shall file with the seller on the day of delivery or at the latest on the first business day following delivery, any claim of error of delivery and/or non-conformity of the products in kind with the indications on the order form. Any claim made after this deadline will be rejected.
The complaint could be made, with the choice of the purchaser:
- by telephone at the following number: 0954252109 ;
- by e-mail to the following address: email@example.com.
Any complaint not carried out in the rules defined above and within the time limits could not be taken into account and will release the salesman from any responsibility towards the purchaser.
Upon receipt of the claim, the seller will assign an exchange number for the product(s) concerned and will communicate it by e-mail to the buyer. The exchange of a product can only take place after the attribution of the exchange number.
In case of delivery error or exchange, any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging. A return label to be stuck on the package to be sent back will be sent by David AL via email as well as the instructions for the collection of the package by the carrier.
In the case of a delivery error and only in this case, the return costs are at the seller's charge.
Article 14 - Product warranty
14-1 Legal guarantee of conformity
The seller is the guarantor of the conformity of the goods sold to the contract, allowing the buyer to make a claim under the legal guarantee of conformity provided for in Articles L. 217-4 and following of the Consumer Code.
In case of implementation of the legal guarantee of conformity, it is recalled that :
- the buyer has a period of 2 years from the delivery of the goods to act;
- the buyer can choose between repairing or replacing the good, subject to the cost conditions provided for in article L. 217-17 of the Consumer Code;
- the buyer does not have to prove the non-conformity of the good during the 24 months in case of new goods (6 months in case of second-hand goods), following the delivery of the good.
14-2 Legal guarantee against hidden defects
In accordance with articles 1641 and following of the civil code, the seller is responsible for hidden defects that may affect the property sold.
It is up to the buyer to prove that the defects existed at the time of the sale of the goods and are such as to render the goods unfit for the use for which they were intended. This guarantee must be implemented within two years from the discovery of the defect.
The buyer can choose between the resolution of the sale or a reduction of the price in accordance with Article 1644 of the Civil Code.
Article 15 - Right of withdrawal
Application of the right of withdrawal
In accordance with the provisions of the code of consumption, the purchaser has a period of 14 days from the date of delivery of his order, to return any item that does not suit him and ask for an exchange or refund without penalty, except for the cost of return which remains the responsibility of the purchaser.
The returns are to be made in their original condition and complete (packaging, certificate of authenticity ...) allowing their remarketing in new condition, accompanied by the purchase invoice.
The damaged, soiled or incomplete products are not taken back.
The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this case, an acknowledgement of receipt on a durable medium will be immediately communicated to the buyer. Any other method of declaration of withdrawal is accepted. It must be unambiguous and express the will to withdraw.
In case of exercising the right of withdrawal within the above-mentioned period, the price of the product(s) purchased will be refunded.
The costs of returning the product are at the buyer's expense.
The exchange (subject to availability) or refund will be made within 14 days, and at the latest, within 14 days of receipt, by the seller, of the products returned by the buyer under the conditions provided above.
According to Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts :
- supply of goods whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;
- supply of goods made to the consumer's specifications or clearly personalized;
- the supply of goods that are likely to deteriorate or expire rapidly;
- the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
- the supply of goods which, after delivery and by their nature, are inseparably mixed with other articles;
- the supply of alcoholic beverages whose delivery is delayed beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the trader;
- maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to meet the emergency;
- supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
- the supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
- of supply of a digital content not supplied on a material support whose execution started after prior express agreement of the consumer and express renunciation of his right of withdrawal.
Article 16 - Force majeure
Any circumstances beyond the control of the parties that prevent the performance of their obligations under normal conditions shall be considered as grounds for exemption from the obligations of the parties and shall result in their suspension.
The party invoking the above-mentioned circumstances must immediately notify the other party of their occurrence and of their disappearance.
Will be considered as force majeure all facts or circumstances irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which could not be prevented by the latter, despite all reasonably possible efforts. Expressly, are considered as force majeure or fortuitous events, in addition to those.
The following are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French courts and tribunals: blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning, stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customers.
The parties will meet to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure lasts longer than three months, the present general conditions may be terminated by the injured party.
Article 17 - Intellectual Property
The content of the website remains the property of the seller, the sole owner of the intellectual property rights on this content.
The buyers commit themselves not to make any use of this content; any total or partial reproduction of this content is strictly forbidden and is likely to constitute a counterfeiting offence.
Article 18 - Data Processing and Liberties
The personal data provided by the buyer are necessary for the processing of his order and the establishment of invoices. They may be communicated to the seller's partners in charge of the execution, processing, management and payment of orders.
The processing of information communicated through the David AL Store website has been declared to the CNIL.
The buyer has a permanent right of access, modification, rectification and opposition with regard to information concerning him/her. This right may be exercised under the terms and conditions defined on the David AL Store website.
Article 19 - Partial non-validation
If one or several stipulations of the present general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will keep all their force and their scope.
Article 20 - Non-Waiver
The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these terms and conditions shall not be interpreted for the future as a waiver of the obligation in question.
Article 21 - Title
In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 22 - Language of the contract
The present general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
Article 23 - Mediation and Dispute Resolution
The buyer can resort to a conventional mediation, in particular with the Commission of the mediation of consumption or with the existing authorities of sectorial mediation, or to any alternative mode of settlement of the disputes (conciliation, for example) in the event of dispute. The name, contact details and e-mail address of the mediator are available on our website.
In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.
Article 24 - Applicable Law
The present general conditions are subject to the application of French law. The competent court is the judicial court.
It is so for the rules of substance as for the rules of form. In case of dispute or claim, the buyer will address in priority to the seller to obtain an amicable solution.
Article 25 - Protection of personal data
The personal data that are collected on this site are the following:
- account opening: during the creation of the user's account, his name, first name, e-mail address, telephone number, postal address, profession
- connection: when the user connects to the website, it records, in particular, his name, first name, connection data, usage data, location and payment data;
- profile: the use of the services provided on the website makes it possible to fill in a profile, which may include an address and a telephone number;
- payment: In the context of the payment of the products and services offered on the website, the website does not record the financial data relating to the user's bank account or credit card. This service is managed by a partner payment platform: Mollie;
- communication: when the website is used to communicate with other members, data concerning the user's communications are temporarily stored;
- cookies: cookies are used as part of the use of the website. The user has the possibility to deactivate the cookies from the settings of his browser.
Use of personal data
The personal data collected from users is used to provide and improve the website services and to maintain a secure environment. Specifically, the uses are as follows:
- access and use of the website by the user;
- management of the operation and optimization of the website;
- organizing the conditions of use of the Payment Services;
- verification, identification and authentication of the data transmitted by the user;
- offering the User the possibility of communicating with other users of the Website;
- implementation of user assistance;
- personalization of services by displaying advertisements according to the user's browsing history and preferences;
- prevention and detection of fraud, malicious software and management of security incidents;
- management of possible disputes with users;
- sending commercial and advertising information, according to the user's preferences.
Sharing personal data with third parties
Personal data may be shared with third party companies in the following cases:
- when the user uses the payment services, for the implementation of these services, the website is in relation with third party banking and financial companies with which it has contracts;
- when the user publishes, in the free comment areas of the website, information accessible to the public;
- when the user allows a third party's website to access his/her data;
- when the website uses service providers to provide user support, advertising and payment services. These service providers have limited access to the user's data in order to provide these services and are contractually obliged to use it in accordance with the provisions of the applicable regulations on the protection of personal data;
- if required by law, the website may carry out the transmission of data to follow up on claims made against the website and to comply with administrative and judicial procedures;
- if the website is involved in a merger, acquisition, sale of assets or receivership, it may be required to sell or share all or part of its assets, including personal data. In such a case, users will be notified before any personal data is transferred to a third party.
Security and privacy
The website implements organizational, technical, software and physical digital security measures to protect personal data from alteration, destruction and unauthorized access. However, it should be noted that the internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information over the internet.
Implementation of user rights
In accordance with the regulations applicable to personal data, users have the following rights, which they can exercise by sending a request to the following address: firstname.lastname@example.org.
the right of access: they can exercise their right of access, to know the personal data concerning them. In this case, before the implementation of this right, the website may ask for proof of the user's identity in order to verify its accuracy.
the right of rectification: if the personal data held by the website are inaccurate, they can request the update of the information.
the right to the deletion of data: users may request the deletion of their personal data, in accordance with the applicable data protection laws.
the right to restrict processing: users may request the website to restrict the processing of personal data in accordance with the assumptions set out in the GDPR.
the right to object to the processing of data: users may object to their data being processed in accordance with the assumptions provided for by the RGPD.
the right to portability: they can request that the website gives them the personal data provided to it in order to transmit them to a new website.
Evolution of this clause
(to be completed by the consumer, and sent by registered letter with acknowledgement of receipt, within a maximum of 14 days following the date of conclusion of the service contract)
To the attention of : David Antonio Loureiro
located at : 20 rue Henri Messager, 76170 Lillebonne
phone number : 0954252109
e-mail address: email@example.com
I hereby notify you of my withdrawal from the contract for ...............................,
ordered on: ..............
Consumer's first and last name: ......................
Consumer's address: ......................
Article L. 217-4: "The seller delivers goods in conformity with the contract and is responsible for defects in conformity existing at the time of delivery.
He is also liable for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility."
Article L. 217-5 : "The property is in conformity with the contract:
1° If it is fit for the purpose usually expected of similar goods and, if applicable:
- if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, brought to the attention of the seller and accepted by the latter."
Article L. 217-6 : "The seller is not bound by the public statements of the producer or his representative if it is established that he did not know them and could not legitimately have known them".
Article L. 217-7 : "Defects of conformity that appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller may rebut this presumption if it is not consistent with the nature of the good or the claimed lack of conformity."
Article L. 217-8 : "The buyer is entitled to demand that the goods conform to the contract. He may not, however, contest conformity by invoking a defect of which he was aware or could not have been unaware when he contracted. The same applies when the defect has its origin in the materials he himself supplied."
Article L. 217-9 : "In case of lack of conformity, the buyer chooses between repair and replacement of the goods.
However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, given the value of the goods or the importance of the defect. He is then obliged to proceed, unless it is impossible, according to the method not chosen by the buyer."
Article L. 217-10 : "If repair and replacement of the property is impossible, the buyer may return the property and have the price returned or keep the property and have part of the price returned. The same option is open to him:
1° If the solution requested, proposed or agreed upon pursuant to Article L. 217-9 cannot be implemented within one month of the buyer's complaint;
2° Or if this solution cannot be implemented without major inconvenience for the buyer, given the nature of the goods and the use he is seeking. The resolution of the sale cannot however be pronounced if the defect of conformity is minor."
Article L. 217-11 : The application of the provisions of Articles L. 217-9 and L. 217-10 shall take place at no cost to the buyer.
These same provisions do not prevent the awarding of damages.
Article L. 217-12 : "The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good."
Article L. 217-13 : "the provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature that is recognized by law."
Article L. 217-14 : "The recourse action can be exercised by the final seller against successive sellers or intermediaries and the producer of the tangible property, according to the principles of the civil code.
Article L. 217-15 : "The commercial guarantee is any contractual commitment of a professional towards the consumer for the reimbursement of the purchase price, the replacement or repair of the good or the provision of any other service related to the good, in addition to his legal obligations to guarantee 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 warranty, the terms of its implementation, its price, its duration, its territorial scope and the name and address of the guarantor.
In addition, it clearly and precisely mentions that, independently of the commercial guarantee, the seller remains bound by the legal guarantee of conformity mentioned in articles L. 217-4 to L. 217-12 and that relating to defects in the thing sold, under the conditions provided for in articles 1641 to 1648 and 2232 of the civil code.
The provisions of articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 as well as article 1641 and the first paragraph of article 1648 of the Civil Code are reproduced in full in the contract.
In the event of non-compliance with these provisions, the warranty shall remain valid. The purchaser is entitled to avail himself of it."
Article L. 217-16 : "When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run.
This period runs from the date of the buyer's request for intervention or from the time the item in question is made available for repair, if this availability is subsequent to the request for intervention."
Article 1641 : "The seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lower price, if he had known about them."
Article 1648 : "The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. In the case provided for in article 1642-1, the action must be brought, under penalty of foreclosure, within one year from the date on which the seller may be relieved of the defects or lack of conformity".