GENERAL TERMS AND CONDITIONS OF SALE

ARTICLE 1 – Scope of application

These General Terms and Conditions of Sale apply without restriction or reservation to all sales concluded by BODYCONNECT (hereinafter "the Seller") with consumers and non-professional buyers (hereinafter "the Customers" or "the Customer"), wishing to acquire the products offered for sale by the Seller (hereinafter "the Products" or "the Product") by placing an order on the website. www.clicshirt.com (ci-après « le Site »).

In particular, they specify the conditions of ordering, payment, delivery and warranty of the Products ordered by the Customers.

The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products are presented on the Site as well as in the catalog published by the Seller.

Product offers are subject to stock availability.

These General Terms and Conditions of Sale apply to the exclusion of all other conditions.

These General Terms and Conditions of Sale are systematically communicated to any Customer prior to the placing of any order and will prevail, if necessary, over any other version or any other contradictory document.

The Customer declares to have read these General Terms and Conditions of Sale and to have accepted them before ordering on the Site. As these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is the one in force at the date of the order on the Site.

The validation of the order by the Customer constitutes acceptance without restriction or reservation of these Terms and Conditions of Sale.

The Products are offered for sale worldwide, excluding countries subject to import restrictions.

In the event of an order to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned. For all Products shipped outside the European Union and French overseas departments and territories, the price will be automatically calculated net of tax on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable. They shall be borne and are the sole responsibility of the Customer.

The Customer importing one or more Products is first required to ensure the compliance of the Product(s) with the rules, in particular health rules, in force.

ARTICLE 2 – Product Ordering

Orders for Products are made on the website accessible at the following address: www.clicshirt.com.

In order to be able to proceed with the order of the Products, the Customer must first have created an account on the Site.

The sale shall not be considered final until the confirmation of acceptance of the order by the Seller has been sent to the Customer (by e-mail), and after the Seller has received the full price (including delivery costs, if applicable), previously paid at the time the order was placed.

It is the Customer's responsibility to verify the accuracy of the order and to immediately report any error to the Seller.

The Seller 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.

In the event of cancellation of the order by the Customer after its acceptance by the Seller, for any reason whatsoever other than force majeure, any deposit paid with the order shall automatically be acquired by the Seller and may not give rise to any reimbursement (unless otherwise decided by the Seller), in accordance with the provisions of Article L 214-1 of the French Consumer Code.

ARTICLE 3 – Prices

3.1 – Product Pricing

The Products are sold at the prices in force appearing in the Seller's catalog on the day of their order.

Prices are expressed in Euros, excluding VAT and all taxes.

The Seller reserves the right to modify the prices of the Products at any time.

3.2 – Delivery costs of the Products – Customs fees

The delivery of the Products to the territory of metropolitan France is free of charge.

The cost of delivery of the Products to any other country or French Overseas Departments and Territories shall be borne by the Customer. Delivery costs are calculated prior to the validation of the order by the Seller.

In the event of shipment of the Products to a territory outside the European Union, the prices do not include customs duties and possible import fees, which are the exclusive responsibility of the Customer.

The delivery of the products to the territory of metropolitan France is ensured by COLISSIMO.

The delivery of the products to any other country or the DOM-TOM is ensured by FEDEX.

ARTICLE 4 – Terms and conditions of payment

The price is paid cash in full (including delivery charges) when ordering Products on the Site by means of payment by credit card (Visa, MasterCard, American Express, other credit cards).

The Seller shall not be required to validate the order and deliver the Products ordered by the Customer if the price and, where applicable, the delivery costs, have not been paid in full beforehand in accordance with the terms and conditions indicated above.

Payments made by the Customer shall not be considered final until the amounts due by the Seller have been effectively collected.

ARTICLE 5 – Delivery of products - Deliveries

The Products ordered by the Customer on the Site will be shipped to Customers within 2 working days from the validation of the order by the Seller.

If the Products ordered have not been shipped within THIRTY (30) days after the date of validation of the order (excluding orders for personalized Products), for any reason other than force majeure, the sale may be cancelled at the Customer's written request under the conditions provided for in Articles L 216-2, L216-3 and L241-4 of the French Consumer Code.

The sums paid by the Customer will then be returned to him at the latest within FOURTEEN (14) days following the date of termination of the contract, to the exclusion of any compensation or deduction.

Terms of delivery of the Products

Delivery consists of the transfer of physical possession of the Product to the Customer.

Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in a single delivery.

Deliveries are made by an independent carrier, to the address mentioned by the Customer at the time of the order or immediate purchase and to which the carrier can easily access.

The Customer therefore acknowledges that it is the responsibility of the carrier to make the delivery and has no warranty claims against the Seller in the event of non-delivery of the goods transported.

Orders are delivered in metropolitan France within 2 working days from the date of shipment of the order. This period is mentioned as an indication: as such, the Seller declines any responsibility in case of delay attributable to the Carrier.

Orders outside metropolitan France are delivered within 10 working days from the date of shipment of the order. This period may vary depending on the country of destination, the latter is mentioned as an indication, being reminded that the Seller declines all responsibility in case of delay attributable to the Carrier.

In the event of a special request by the Customer concerning the packaging or transport conditions of the Products ordered, duly accepted by the Seller, the related costs shall be subject to additional specific invoicing, on the basis of an estimate previously accepted by the Customer.

Claims relating to the delivery of the Products

The Customer is responsible for ensuring the conformity of his order upon receipt.

The Customer shall notify the Seller of any absence of or damage to products within SEVEN (7) days from the date of delivery of the order at the latest.

The Seller shall reimburse or replace, as soon as possible and at its own expense, the Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions set forth in Articles L 217-4 et seq. of the French Consumer Code and those set forth in the article "Seller's Liability - Legal Warranties" of these General Terms and Conditions of Sale.

ARTICLE 6 – Transfer of ownership of the Products - Transfer of the risks of the Productss

6.1 – Transfer of ownership of the Products to the Customer

The transfer of ownership of the Seller's Products to the Customer shall only take place after full payment of the price by the Customer, regardless of the delivery date of said Products.

6.2 – Transfert des risques des Produits au Client

Regardless of the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto will only take place when the Customer takes physical possession of the Products, in accordance with the provisions of Article L 216-4 of the French Consumer Code.

The Products therefore travel at the Seller's own risk.

Exception When the Customer uses a carrier chosen by the Customer and independent of the Seller, the transfer of risks shall occur at the time of delivery by the Seller of the products ordered by the Customer to the carrier chosen by the Customer. The Products travel here at the Customer's risk.

If the product under the responsibility of the carrier has not been delivered for any other reason related to customs, strikes or damages or any other cause of force majeure as defined by the courts, the sale may be resolved and the customer may obtain restitution of its payment to the exclusion of any other compensation or damages.

In case of delivery abroad, the responsibility of the seller cannot be engaged in case of non-compliance with the legislation of the country of destination of the packages. It is up to the customer to check with the local authorities the possibilities of importing and using the products available on the site.

ARTICLE 7 – Returns – Right of cancellation

7.1 – Délai

In accordance with the provisions of Article L221-18 of the French Consumer Code, the Customer has a period of FOURTEEN (14) days from receipt of the Product to exercise its right of withdrawal from the Seller, without having to justify its reasons or pay any penalty, for the purpose of exchange or reimbursement, provided that the Products are returned in their original packaging and in perfect condition within FOURTEEN (14) days following notification to the Seller of the Customer's decision to withdraw.

Products returned outside the withdrawal period are subject to an exceptional authorization of BODYCONNECT.

7.2 – Return Policy

All Products sold on the site benefit from the "satisfied or reimbursed" clause, except for special orders to the supplier or customized products at the Customer's request.

The personalized Products being made to measure, they cannot be taken back or exchanged. This clause does not apply to defective returned items.

Damaged, soiled or incomplete Products, as well as perfumery products already opened cannot be taken back.

Returns that do not comply with our policy will not be accepted and will be returned to you.

7.3 – Methods of exercising the right of retraction

The Products must be returned in their original condition and complete (packaging, accessories, instructions...) allowing them to be remarketed in new condition, accompanied by the purchase invoice.

For any Product return, the Customer must follow the return procedure available on the website www.clicshirt.com.

In the event of return, the burden of risk shall be borne by the Customer, who shall be liable for any damage to the Product during its return. Any damaged Product will be returned to him.

7.4 – Fees – refund

The costs of return are at the expense of the Seller. However, the risks inherent in the return are borne by the Customer.

In the event of a return, only the price of the Product(s) purchased and the delivery costs shall be reimbursed within fourteen days of receipt by the Seller of the Products returned by the Customer under the conditions set forth in this Article.

In case of payment with a credit note, the return will result in the issuance of a new credit note. Credit notes are non-refundable.

ARTICLE 8 – Seller's Product Liability - Statutory Product Garranties

8.1 – Garanties légales

The Products supplied by the Seller shall benefit by right and without additional payment, in accordance with the legal provisions :

  • the legal guarantee of conformity, for Products that are apparently defective, damaged or damaged, or that do not correspond to the order, in accordance with the provisions of Article L 217-4 of the French Consumer Code ;
  • the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the Products delivered and making them unfit for consumption, in accordance with the provisions of Article 1641 of the French Civil Code.

under the conditions and according to the terms and conditions referred to below and defined in the appendix to these General Terms and Conditions of Sale (Conformity Warranty / Hidden Defects Guarantee).

8.1.1 – Implementation of the legal guarantee of conformity

It is reminded that within the framework of the legal guarantee of conformity, the Customer :

  • bénéficie d'un délai de DEUX (2) ans à compter de la délivrance du Produit pour agir à l'encontre du Vendeur ;
  • peut choisir entre la réparation ou le remplacement du Produit, sous réserve des conditions de coût prévues par l'article L 217-9 du Code de la consommation ;
  • is exempt from providing proof of the existence of the Product's lack of conformity during the TWENTY FOUR (24) months following the delivery of the Product.

The Customer may assert the legal guarantee of non-conformity within TWO (2) years from the delivery of the Product.

Without prejudice to the provisions of Article L 217-12 of the French Consumer Code, the Customer undertakes to inform the Seller of the lack of conformity in writing, within a maximum period of TEN (10) days from the discovery of the said lack of conformity, so that the latter can take all useful measures.

The Customer shall return the defective Products to the Seller in the condition in which they were received. The cost of returning the defective Products shall be borne by the Seller.

8.1.2 – Implementation of the legal guarantee against hidden defects

It is reminded that within the framework of the guarantee against hidden defects, the Customer :

  • has a period of TWO (2) years from the delivery of the Product to act against the Seller ;
  • may choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.

The Customer may assert the legal warranty against hidden defects within TWO (2) years from the discovery of the defect.

Without prejudice to the provisions of Article 1648 of the Civil Code, the Customer undertakes to inform the Seller of the defect affecting the product in writing, within a maximum period of TEN (10) days from the discovery of the said defect, so that the latter can take all useful measures.

The Customer shall return the defective Products to the Seller in the condition in which they were received, at its expense. The cost of returning the defective Products will then be reimbursed by the Seller.

8.2 – Refund or replacement of non-conforming or defective Products

The Seller shall reimburse or replace Products found to be non-conforming or defective. In the event of delivery, shipping costs will be reimbursed on the basis of the invoiced rate and return shipping costs will be reimbursed upon presentation of supporting documents.

Refunds for Products found to be non-conforming or defective will be made as soon as possible and no later than THIRTY (30) days following the Seller's discovery of the non-conformity or latent defect.

Reimbursement will be made by crediting the Customer's bank account or by bank check sent to the Customer.

8.3 – Exclusions of responsibility

The responsibility of the Seller shall not be engaged in the following cases:

  • in the event of delivery of the Products abroad: non-compliance with the legislation of the country in which the Products are delivered, which it is up to the Customer to check,
  • in the event of misuse of the Products, negligence or lack of maintenance on the part of the Customer,
  • in the event of normal wear and tear of the Products due to accidents or force majeure.

The Seller's warranty is, in any event, limited to the replacement or reimbursement of non-conforming or defective Products.

ARTICLE 9 – Contractual guarantee - Products

In addition to the legal guarantees of conformity and hidden defects, the Products benefit from a contractual guarantee of ONE (1) year. This warranty runs from the delivery of the Product(s).

The contractual warranty covers the Products against any construction or material defect, with the exception of normal wear and tear of the material and parts making up the Products, deterioration or accident resulting from negligence, lack of supervision or maintenance.

To be able to benefit from the commercial guarantee, it is imperative to keep the purchase invoice of the Product(s).

ARTICLE 10 – Disclaimer of responsibility

The Seller shall not be held liable for any damages of any kind, whether material, immaterial or corporal, direct or indirect, that may result from improper functioning and/or misuse of the Product, it being reminded that the Product does not constitute a medical device within the meaning of Article L5211-1 of the French Public Health Code.

In particular, the Seller shall in no event be held liable for any medical risk related to the use of the Product. The Customer is advised to seek the advice of a health professional before use, which is then mentioned in the description of the Product on the Site as well as in the Product leaflet.

In any case, the liability of the Seller shall be limited to the Sales price and shall not be held liable for any trivial errors or omissions despite the precautions made by the Seller in handing over the Products.

ARTICLE 11 – Intellectual Property

The Seller remains the owner of all intellectual property rights on the Products, including those made to measure at the Customer's request, where applicable.

The Customer shall therefore refrain from any reproduction of the Products without the Vendor's express, written and prior authorization, which may be subject to financial compensation.

ARTICLE 12 – Processing of personal data

The personal data collected from the Customer are subject to computer processing by the Seller. They are recorded in its Customer file and are essential to the processing of its order. This information and personal data is also kept for security purposes, in order to comply with legal and regulatory obligations. They will be kept as long as necessary for the execution of orders and any applicable guarantees.

The data controller is the Seller. Access to personal data will be strictly limited to the employees of the data controller, who are authorized to process them by virtue of their functions. The information collected may possibly be communicated to third parties contractually linked to the company for the performance of subcontracted tasks, without the Customer's authorization being required.

Within the framework of the performance of their services, third parties have only limited access to the data and are obliged to use it in accordance with the provisions of the applicable data protection legislation. Apart from the cases set out above, the Seller shall not sell, rent, transfer or give access to third parties to the data without the prior consent of the Customer, unless it is obliged to do so for a legitimate reason.

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

In accordance with the applicable regulations, the Customer has the right to access, rectify, erase, and make portable the data concerning him/her, as well as the right to oppose the processing for legitimate reasons, rights that he/she may exercise by contacting the data controller at the following email address : bodyconnect@orange.fr

In the event of a complaint, the Customer may address a claim to the Seller's personal data protection delegate of the Commission Nationale de l'Informatique et des Libertés.

ARTICLE 13 – Unprevised

These General Terms and Conditions of Sale expressly exclude the legal contingency regime provided for in Article 1195 of the Civil Code for all sales operations of Products from the Seller to the Customer.

The Seller and the Customer therefore each waive the right to avail themselves of the provisions of Article 1195 of the Civil Code and the contingency regime provided for therein, agreeing to assume their obligations even if the contractual balance is upset by circumstances that were unforeseeable at the time of the conclusion of the sale, even if their execution would prove excessively onerous and to bear all the economic and financial consequences thereof.

ARTICLE 14 – Forced execution in kind

In the event of a default by either Party in the performance of its obligations, the Party in default shall have the right to request the compulsory performance in kind of its obligations hereunder. In accordance with the provisions of Article 1221 of the Civil Code, the creditor of the obligation may pursue such forced performance after a simple formal notice, addressed to the debtor of the obligation by RAR mail, has remained unsuccessful, unless it proves impossible or if there is a manifest disproportion between its cost to the debtor, in good faith, and its interest for the creditor.

By express derogation from the provisions of Article 1222 of the Civil Code, in the event of a default by one or other of the Parties in the performance of its obligations, the Party which is the victim of the default may not itself have the obligation performed by a third party at the expense of the defaulting Party.

The creditor of the obligation may, however, request in court that the defaulting Party advance the sums necessary for such performance.

The Party suffering from default may, in the event of non-performance of any of the obligations incumbent on the other Party, request the termination of the contract according to the terms defined in the article "Termination of the contract".

ARTICLE 15 – Exception of non-performance

It is recalled that pursuant to Article 1219 of the Civil Code, each Party may refuse to perform its obligation, even though it is due, if the other Party does not perform its obligation and if this non-performance is sufficiently serious, i.e., likely to jeopardize the continuation of the contract or fundamentally upset its economic equilibrium.

The suspension of performance shall take effect immediately upon receipt by the defaulting Party of the notice of default sent to it for this purpose by the Party suffering from the default indicating the intention to apply the plea of non-performance as long as the defaulting Party has not remedied the observed default, served by registered letter with acknowledgement of receipt or on any other durable written medium capable of providing proof of dispatch.

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

This option is used at the risk and peril of the Party taking the initiative.

The suspension of performance shall take effect immediately upon receipt by the allegedly defaulting Party of the notification of the intention to apply the plea of preventive non-performance until the allegedly defaulting Party performs the obligation in respect of which a future default is manifest, served by registered letter with acknowledgement of receipt or on any other durable written medium capable of providing proof of dispatch.

ARTICLE 16 – Force majeure

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

The Party observing the event must immediately inform the other Party of its inability to perform and justify its inability to perform to the latter. The suspension of obligations may in no case be a cause for liability for non-performance of the obligation in question, nor may it lead to the payment of damages or penalties for delay.

The performance of the obligation is suspended for the duration of the force majeure if it is temporary and does not exceed a period of THIRTY (30) days. Consequently, as soon as the cause of the suspension of their mutual obligations disappears, the Parties shall make every effort to resume normal performance of their contractual obligations as soon as possible.

To this end, the Party prevented shall notify the other Party of the resumption of its obligation by registered letter with acknowledgement of receipt or any extrajudicial act.

If the impediment is definitive or exceeds a period of SIXTY (60) days, the present contract will be purely and simply resolved according to the terms defined in the article "Resolution for Force Majeure".

During this suspension, the Parties agree that the costs arising from the situation will be shared equally.

ARTICLE 17 – Resolution of the contract

17.1 – Resolution for non-performance of a sufficiently serious obligation

The Party in default may, notwithstanding Article 17. 3 "Resolution for Failure of a Party to Comply with its Obligations - Resolutive Clause" set out below, in the event of sufficiently serious failure to perform any of the obligations incumbent on the other Party, notify the Party in default of the faulty resolution hereunder, by registered letter with acknowledgement of receipt, THIRTY (30) days after sending a formal notice to perform has remained unsuccessful, in application of the provisions of Article 1224 of the Civil Code.

17.2 – Resolution for force majeure

In case of force majeure as stated in the article "Force majeure", it is expressly agreed that the Parties may terminate this contract by operation of law, without notice or formality.

17.3 – Resolution for Failure of a Party to Comply with its Obligations - Resolutive Clause

In the event of non-compliance by either party with the obligations set out in this contract, the contract may be terminated at the option of the aggrieved party.

It is expressly understood that this resolution for failure of a party to meet its obligations will take place by operation of law THIRTY (30) days after the sending of a formal notice to perform, remaining, in whole or in part, without effect, notified by registered letter with acknowledgement of receipt.

This formal notice must mention the intention to apply this clause.

17.4 – Common provisions for cases of resolution

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

The services exchanged between the Parties since the conclusion of the contract and until its termination can only be useful if the contract is fully executed, and will therefore be returned in full.

In any event, the aggrieved Party may apply to the court for an award of damages.

ARTICLE 18 – Applicable law - Language

By express agreement between the parties, the present General Terms and Conditions of Sale and the operations arising therefrom are governed by and subject to French law.

The present General Terms and Conditions of Sale are written in French.

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

ARTICLE 19 – Litigation – Recourse to the Consumer Ombudsman

ALL DISPUTES TO WHICH THE OPERATIONS OF PURCHASE AND SALE CONCLUDED IN APPLICATION OF THE PRESENT GENERAL CONDITIONS OF SALE COULD GIVE RISE, CONCERNING THEIR VALIDITY, INTERPRETATION, EXECUTION, TERMINATION, CONSEQUENCES AND CONSEQUENCES AND WHICH COULD NOT BE RESOLVED AMICABLY BETWEEN THE SELLER AND THE CUSTOMER, WILL BE SUBMITTED TO THE COMPETENT COURTS OF THE NATIONAL TERRITORY UNDER THE CONDITIONS OF COMMON LAW.

It is therefore specified that, in accordance with the provisions of Article R 631-3 of the Consumer Code, the customer may enter :

  • one of the courts territorially competent under the Code of Civil Procedure,
  • the jurisdiction of the place where he resided at the time of the conclusion of the contract,
  • or the jurisdiction of the occurrence of the harmful event.

In the event of litigation, an amicable solution will be sought as a priority before any legal action.

In accordance with Article L. 612-1 of the Consumer Code, the consumer, subject to Article L.152-2 of the Consumer Code, has the option of submitting a request for amicable resolution through mediation, within a period of less than one year from the date of his written complaint to the professional.

This establishment has designated, by registered membership under the number ___________, the ___________ as an entity of consumer mediation.

To seize the mediator, the consumer must formulate his request as follows :

ARTICLE 20 – Pre-Contractual Information - Customer Acceptance

The Customer acknowledges having been informed, prior to the immediate purchase or the placing of his order and the conclusion of the contract, in a clear and comprehensible manner, of the present General Terms and Conditions of Sale and of all the information listed in article L.221-5 of the Consumer Code, and in particular the following information:

  • the essential characteristics of the Product(s),
  • the price of the Products and related costs (e.g. delivery) ;
  • in the absence of immediate performance of the contract, the date or time by which the Seller undertakes to deliver the Product,
  • information relating to the identity of the Seller, its postal, telephone and electronic contact information, and its activities, if not apparent from the context,
  • information relating to legal and contractual guarantees and their implementation modalities,
  • the functionalities of digital content and, where appropriate, its interoperability,
  • the possibility of resorting to conventional mediation in the event of a dispute.

The fact that a natural person (or legal entity) orders one or more Product(s) implies full and complete acceptance of these General Terms and Conditions of Sale and the obligation to pay for the Product(s) ordered, which is expressly acknowledged by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Seller.

ARTICLE 21 – Seller's Contact Information

The Seller's contact information is as follows :

Adresse :
Société BODYCONNECT
101 avenue Cernuschi
06500 MENTON
RCS NICE 802 395 806

E-Mail address : bodyconnect@orange.fr

APPENDIX - PROVISIONS RELATING TO THE LEGAL GUARANTEES OF THE CONSUMER CODE

Article L217-4 du Consumer Code

The seller is obliged to deliver goods in conformity with the contract and is liable for any defects of conformity existing at the time of delivery. He shall also be liable for defects of conformity resulting from packaging, assembly instructions or installation when the latter was made at his expense by the contract or was carried out under his responsibility.

Article L217-5 of the Consumer Code

To be in conformity with the contract, the property must :

  • be fit for the use ordinarily expected of a similar good and, where appropriate :
  • correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model
  • present the qualities that a buyer can legitimately expect with regard to public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling, or
  • present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter.

Article L217-12 of the Consumer Code

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

Article L217-16 of the Consumer Code

When the buyer requests from the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable property, a restoration covered by the warranty, any period of immobilization of at least seven days is added to the remaining duration of the warranty. This period starts from the date of the buyer's request for intervention or from the date the goods are made available for repair, if this availability is subsequent to the request for intervention.

Article 1641 of the Civil Code

The seller is bound by the guarantee on account of hidden defects of the thing sold which render it unfit for the use for which it is intended, or which diminish this use so much that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them.

Article 1648 paragraph 1 of the Civil Code

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