Scope

These General Conditions of Sale (hereinafter referred to as “GTC”) apply, without restriction or reservation, to all sales made by the Company. LEHMANN SA (hereinafter referred to as the “Seller”) from consumers and non-professional buyers (hereinafter referred to as the “Customers” or the “Customer”) (together referred to as the “Parties”), wishing to acquire the products offered to the sale by the Seller (hereinafter referred to as the “Products”) on the website https://www.lehmann-sa.com/ (hereinafter referred to as “the Site” or “the Website”).

They specify in particular the conditions for ordering, payment, delivery and management of any returns of Products ordered by the Customer.

These GTCS may be supplemented by special conditions, before any transaction with the Customer.

Where applicable, the Parties declare and acknowledge that the pre-contractual phase, during which discussions and negotiations took place between them, was conducted in good faith and each of the Parties acknowledges having benefited, during this phase, from all the information. necessary and useful to enable him to engage in full knowledge of the facts.

These T & Cs apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.

They are accessible at any time on the Website and will prevail, where applicable, over any other version or any other contradictory document.

These T & Cs may be subject to subsequent modifications; the version applicable to the Customer’s purchase is the one in force on the Site on the date the order is placed.

The Customer acknowledges having the capacity required to contract and acquire the Products offered on the Website.

The fact that the Customer places an order on the website implies full and complete acceptance and acceptance of these presents and obligation to pay for the Products ordered, which is expressly recognized by the Customer, who waives, in particular, to rely on any contradictory document, which would be unenforceable against the Seller.

Seller details

The Seller’s contact details are as follows:

LEHMANN SA, Société Anonyme with a Board of Directors having its registered office at 20 Boulevard Lundy in REIMS (51100), registered in the Trade and Companies Register under number 301 210 696.

The Customer can contact the Seller at the following address : Lehmann SA, 20, Boulevard Lundy, 51100 REIMS – Tel. +33 (0) 3 26 77 16 77

Object

The purpose of this Contract is to define the terms and conditions under which the Parties intend to organize their collaboration for the sale of the Products described below.

Period of validity of the Product offer

Product offers are subject to the limit of available stocks, as specified when placing the order.

When ordering, the Seller informs the Customer of the availability of the Products he wishes to acquire. Nevertheless, despite the updating of the Site and the diligence of the Seller, Products may prove to be unavailable or temporarily out of stock.

In the event of unavailability or out of stock, the Seller will inform the Buyer as soon as possible, who may:

• decide to wait for the restocking of the Products; in such a case, the Seller will keep the Buyer informed of the restocking times;
• modify or cancel his order.

In the event of modification of the order or of cancellation, the Seller will send a credit note in the form of a reduction voucher for the amount of the missing Product (s) and which will be used for future orders.

Products offered for sale

The Products offered for sale on the Website are as follows:

The Seller offers glassware for sale and in particular high quality glasses dedicated to the tasting of wines, champagne and spirits, cocktails, beers and “soft”, decanters and decanters, accessories including champagne and ice buckets , sommeliers knives, corks and other accessories related to the art of the table and the service of wines and spirits.

Finally, the Seller also offers the purchase of e-gift cards in the form of a voucher governed by the provisions provided for in the conditions of use of the gift card.

The main characteristics of the Products and in particular the specifications, illustrations and indications of the dimensions or capacity of the Products, are presented on the Site. The Customer is required to read it before placing any order.

The choice and purchase of a Product is the sole responsibility of the Customer.

The photographs and graphics presented on the Website are not contractual and can not engage the responsibility of the Seller who strives to best present the Products and their essential characteristics.

The Customer is required to refer to the description of each Product in order to know its properties, essential features and delivery times, as well as, in the event of continuous or periodic supply of a good, the minimum duration of the proposed contract. . The dimensions and capacities of the products are given as an indication.

It is specified that the size and capacity of the Products may vary due to the specific manufacture of the “mouth blown”.

The Products presented on the Website are offered for sale in the following countries: Metropolitan France, Germany, Belgium, Spain, Portugal, Italy, Austria, Bulgaria, Croatia, Denmark, Estonia, Finland, Greece, Hungary, Ireland, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Czech Republic, Romania, Slovakia, Slovenia, Sweden .

For all Products shipped outside the European Union, the price will be calculated excluding tax automatically on the invoice.

Customs duties or other local taxes or import duties or state taxes may be payable. They will be the responsibility of and are the sole responsibility of the Customer.

Orders

1. Opening of the “Customer Account”

The Seller is aimed at consumers and non-professionals. Registration for the “Customer Account” on the Site is mandatory in order to be able to place an order.

Opening the Account is free and without obligation to purchase.

The following information is requested when opening the “Customer Account”:

• phone number;
• E-mail ;
• first and last name of the main contact;
• personal password;
• main contact postal and delivery address

The Seller reserves the right to deactivate and delete a “Customer Account” in the event of incorrect data.

2. Placing the order

It is up to the Customer to select on the Site the Products he wishes to order, according to the following methods:

1. Either the Customer logs in by clicking on “My Account” or decides to create a Customer Account by clicking on “Customer Account”; he then selects his products in his basket;
2. Either the Customer creates his account after having selected the articles in his basket, in this case, he will have to click on buy now or add to the basket then validate the articles;

In all cases the Customer must:

1. when creating an account or when placing your first order, indicate your personal information (name, first name, email address, phone number) and delivery;
2. choose the delivery method;
3. indicate, where applicable, a promotion code;
4. choose the method of payment;
5. the Customer will receive an e-mail confirming his order, then an e-mail informing him of the shipment of his order.

If the Customer does not have a “Customer Account”, he must create one in order to be able to place an order.

The Customer has the possibility to check the details of his order, its total price and to correct any errors before confirming his acceptance. It is their responsibility to verify the accuracy of the order and to immediately report or rectify any errors.

The registration of an order on the Website is carried out when the Customer accepts these GTC by checking the box provided for this purpose and validates his order. This validation implies acceptance of all of these as well as the general conditions of use of the Website.

The sale is final only after the Customer has sent confirmation of the acceptance of the order by the Seller by email, which must be sent without delay and after receipt by the latter of the full price. .

Any order placed, validated by the Customer is confirmed by the Seller, under the conditions and according to the modalities described above.

Unless proven otherwise, the data recorded in the Seller’s computer system constitutes proof of all transactions concluded with the Customer.

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.

The Customer will be able to follow the progress of his order on the Website and in particular on his personal space.

3. Minimum purchase

No minimum purchase is required to be able to order

4. Modification of the order

Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be modified by the Customer, except in cases of force majeure and in the case of out of stock (temporary or permanent).

5. Cancellation of the order

Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be canceled, except for the exercise of the right of withdrawal or in the event of force majeure.

Prices

Product prices can be viewed directly on the Website.

The Products are supplied at the current prices appearing on the Website, when the order is registered by the Seller and during the Customer’s private browsing. The prices are expressed in Euros, HT and / or TTC.

The prices take into account any reductions that would be granted by the Seller on the Site.

These prices are firm and not revisable during their period of validity, as indicated on the Site, the Seller reserving the right, outside this period of validity, to modify the prices at any time.

They do not include the costs of processing, shipping, transport and delivery, which are billed in addition, under the conditions indicated on the Site and / or calculated prior to placing the order.

Special rates apply depending on the volume, weight and destination of the packages and the choice of carrier.

In all cases, the Customer is informed by the Seller of the amount of the shipping costs before the final validation of the order.

The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.

Payment Terms

The price is payable in cash in advance, in full and online on the day the order is placed by the Customer according to the following terms:

• by credit card: Visa, MasterCard, American Express;
• by Paypal;
• gift card, making it possible to pay all or part of the purchases using a gift card or a voucher, issued by the Seller, it being specified that the gift cards cannot be purchased by means of another gift card.

Payment by bank card or gift card is irrevocable, except in the event of fraudulent use of the card. In this case, the Customer may request the cancellation of the payment and the return of the corresponding sums.

Payment data is exchanged in encrypted mode using protocols set by the external company responsible for online payment:

• Payplug, the general conditions of which are accessible here ,
• Stripe for American Express, the terms and conditions of which are accessible here ;
• Paypal, the general conditions of which are accessible here ;

Any delay in payment automatically entails the application of a lump sum compensation of 40 € (FORTY EUROS), without prejudice to late penalties.

The delay in payment will also result in the immediate payment of all the sums due by the Customer, without prejudice to any other action that the Seller would be entitled to bring, in this respect, against the Customer.

Payments made by the Customer will only be considered final after effective receipt of the sums due by the Seller.

In addition, the Seller reserves the right, in the event of non-compliance with the terms of payment set out above, to suspend or cancel the delivery of orders in progress made by the Customer.

No additional costs, higher than the costs borne by the Seller for the use of a means of payment may be billed to the Customer.

By clicking on “Authorize payment”, you confirm that the credit card belongs to you or that you are the legitimate holder of the gift card or voucher. Credit cards are subject to validity checks and authorization from the body issuing these cards. If we do not receive the required payment authorization, we will not be liable for the delay or failure to deliver the products and we will not be able to enter into a Contract with you.

Deliveries

The Products ordered by the Customer will be delivered to the address indicated by the Customer when placing an order on the Website.

The Customer has the option of choosing to have it delivered to “home” or to the address it indicates.

In the case of a delivery to a specific place requiring special care, the Seller will notify the Customer and the additional cost.

The methods, costs and delivery times are specified on the Site at the bottom of the page in the “Delivery and Return” tab.

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

Except in special cases or temporary unavailability of one or more Products, the Products ordered will be delivered in one go.

The Seller undertakes to make its best efforts to deliver the Products ordered by the Customer within the deadlines specified on the Website at the time of the order.

If the Products ordered have not been delivered within 30 days after the conclusion of the Contract, for any reason other than force majeure or the act of the Customer, the sale may be terminated at the written request of the Customer under the conditions provided for in Articles L.216-2, L.216-3 and L.241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him at the latest within 14 days following the date of termination of the contract, excluding any compensation or withholding.

In the event of non-conformity of the delivered Product, the Seller undertakes to remedy it by replacing the products or to reimburse the Customer, as indicated in the article “Seller’s liability – Guarantee”.

The transport company DPD France, whose head office is at DPD France – 11-13 Rue René Jacques – 92130 ISSY LES MOULINEAUX, registered under number RCS 444 420 830, provides transport in mainland France, DOM and TOM, and to ‘foreign.

The Customer therefore recognizes that it is the carrier who is responsible for making the delivery and has no recourse in warranty against the Seller in the event of failure to deliver the goods transported.

The impossibility for the Seller’s carriers to deliver the Products on the agreed date, in the event of the Customer’s absence or lack of information on the need to use specific means of delivery, may give rise to the payment of costs. additional delivery and / or cancellation of the order by the Seller. This paragraph does not apply to the virtual gift card, the delivery of which is governed by the provisions provided for in the conditions of use of the gift card.

In the event of a specific request from the Customer concerning the conditions of packaging or transport of the Products ordered, duly accepted in writing by the Seller, the related costs will be the subject of a specific additional invoicing, on an estimate previously accepted in writing by the Customer.

The virtual gift card will be delivered to the Customer on the date that the Service Provider will indicate when placing the order.

The virtual gift card will be considered as having been delivered in accordance with the provisions provided for in the conditions of use of the gift card and, in any case, on the date of dispatch of this card to the email address that the Customer has indicated. .

Receipt and complaint

Usage reserves: The Customer (or his agent) is required to check the physical condition of the packaging, the number and content of the packages at the time of delivery, in the presence of the delivery person. Any anomaly concerning the delivery (transport damage, missing product or package, broken product, product not in conformity with the order, etc.) must imperatively, under penalty of inadmissibility of the request, be indicated on the delivery slip of the carrier in the form detailed, explicit, reasoned and dated handwritten reservations. The Customer (or his representative) must sign the delivery slip. General reservations of the “subject to unpacking” type will be systematically rejected.

The Customer (or his representative) must, at the same time, report these anomalies by sending a registered letter with acknowledgment of receipt to the Customer Service of the LEHMANN Company, within three (3) working days following the date of delivery. Any complaint received after the deadline will be definitively rejected without possibility of recourse for the Customer.

Product defects: In the event of an apparent defect or non-conformity of the product delivered with the characteristics of the Product ordered as shown on the order form, the Customer (or his agent) must report these defects within three (3) days of the date of delivery by sending a registered letter to the Seller’s Customer Service with acknowledgment of receipt.

The Customer (or his representative) must refrain from any intervention on the product and must give the Seller every facility to note the defects or anomalies invoked. Otherwise, the complaint cannot be accepted. Any complaint formulated beyond this period will be rejected without possibility of recourse for the Customer. The products are described with the greatest possible accuracy. In the event of a defect or non-conformity of the product duly noted by the Seller and rendering the product unfit for the use for which it is usually intended, the provisions provided for in terms of Guarantee will apply.

Whatever the nature of the complaint (product defect or delivery problems), the Customer (or his agent) cannot oppose a refusal of delivery to the carrier, the Customer (or his agent) having to keep the product (s) ( s) until acceptance of the return by the Seller.

Transfer of ownership – Transfer of risk

1. Transfer of ownership

The Seller retains ownership of the Products sold until full payment of the price. Any clause to the contrary is deemed unwritten.

2. Risk transfer

Notwithstanding the application of the retention of title clause, the risk of theft, loss, deterioration or destruction is transferred to the Customer:

• when the Products are personally delivered to the Customer; or
• when handing over the goods to the first carrier. Indeed, the risks of the Product are transferred to the Customer upon delivery by the Seller’s carriers on the delivery date agreed with them.

Obligations of the Parties

1. Seller’s obligations

The Seller undertakes to implement all the necessary and sufficient resources for the optimal performance of the services defined by the Contract, within the limits of his skills and the Products contracted with an obligation of means.

He undertakes to inform the Customer as soon as possible of any major element beyond his control which could hinder the performance of the Contract.

He is bound to respect the confidentiality of all the operations he carries out on behalf of the Client.

2. Customer’s obligations

The Customer undertakes to provide and facilitate access to all the information and resources necessary for the Seller and its Service Providers for the organization and performance of the services, without concealment, insufficiency or inaccuracy.

The Customer has the obligation to pay the Seller the full price entered on the Order.

Right to retract

In accordance with the legal provisions in force, the Customer has a period of 14 (FOURTEEN) days from receipt of the Product to exercise his right of withdrawal from the Seller, without having to justify reasons or pay penalties, to end exchange or reimbursement, provided that the Products are returned in their original packaging and in perfect condition within 14 (FOURTEEN) days following notification to the Seller of the Customer’s decision to withdraw.

Returns are to be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be returned to the market in new condition, accompanied by the purchase invoice.

Damaged, soiled or incomplete Products are not taken back.

The right of withdrawal is exercised online. For this, the Customer must connect to his “Customer Account”, using the withdrawal form available on the Website on the “Contact” page, in which case an acknowledgment of receipt on a durable medium will be immediately communicated to the Customer by the Seller, or any other declaration, unambiguous, expressing the will to retract.

The refund will be made within 14 days from receipt by the Seller of the withdrawal decision, provided that the Seller has received the Product (s) in perfect condition, in its (their) original packaging and with all its (their) accessories. The original shipping costs will be refunded only if the entire order is returned.

The Buyer must return the order for which he uses his right of withdrawal within a period of 14 days.

The return of the gift card is governed by the provisions set out in the conditions of use of the gift card.

Seller’s liability – Guarantee

The Products benefit from the legal guarantee of conformity of two (2) years from their delivery or collection. The Seller is, therefore, liable for any lack of conformity of said Products.

To be admissible, the implementation of the guarantee implies the submission, by the Customer, of the Product as well as the purchase invoice. The Customer contacts the Seller who will send him a return label (DPD) accompanied by a slip that must be completed by the Customer on the reasons for which the Product (s) are returned.

The Seller undertakes to repair or replace the Product recognized as defective by its services according to the Customer’s choice. If repair or replacement is impossible or generates disproportionate costs, the Seller may reimburse the Product.

The repaired or exchanged Products benefit from the guarantee for the remaining period.

Excluded from the guarantee:

• damage to the Product resulting from normal wear and tear having regard to its nature, function, composition and price;
• Products which have been used too intensively, in particular for purposes other than private;
• any Product defects that may result from improper installation, storage, conservation, or assembly, lack of maintenance, improper use or use that does not comply with technical specifications or ” use (non-compliance with maintenance and upkeep requirements), modifications or repairs carried out by the purchaser or a third party, deterioration caused by external objects (storage of products with too much weight on a piece of furniture not designed for this use), external events such as accidents, shocks, fires, acts of vandalism, water damage, natural or artificial lights (in the event of discoloration), natural disasters or bad weather.

The Seller’s liability for the Products delivered, including under the applicable contractual or legal guarantees, is limited to the price of the defective or non-compliant Products. The Seller cannot be held liable for compensation for indirect damage or any other financial loss suffered by the buyer or a third party.

Protection of personal data

In accordance with the Data Protection Act of January 6, 1978, reinforced and supplemented by the GDPR (general data protection regulation) which entered into force on May 25, 2018, it is recalled that the personal data requested from the Customer are necessary for the processing of its order and the preparation of invoices.

The personal data collected from Customers is subject to computer processing carried out by the Service Provider. They are recorded in his Customer file and are essential for processing his 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 guarantees that may apply.

The data controller is the Service Provider. Access to personal data will be strictly limited to the employees of the data controller, authorized to process them by virtue of their duties. The information collected may possibly be communicated to third parties linked to the company by contract for the performance of subcontracted tasks, without the Client’s authorization being necessary.

As part of the performance of their services, third parties have only limited access to the data and are required to use them in accordance with the provisions of the applicable legislation on the protection of personal data. Apart from the cases set out above, the Service Provider refrains from selling, renting, assigning or giving access to third parties to the data without the Customer’s prior consent, unless he is forced to do so for a legitimate reason.

These data may be communicated to any partners of the Service Provider responsible for the execution, processing, management and payment of orders.

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

In accordance with the applicable regulations, the Customer has a right of access, rectification, erasure, and portability of data concerning him, as well as the right to oppose the processing for legitimate reasons, rights he can exercise by contacting the data controller by completing the form on the contact page.

In the event of a complaint, the Customer may submit a complaint to the person’s personal data protection officer or to the National Commission for Computing and Liberties.

Warning :

A minor may alone consent to the processing of personal data with regard to the direct offer of information society services from the age of 15 (FIFTEEN) years for minors under the age of 15 (FIFTEEN) years, a double consent will be required: that of the minor and that of the guardian with parental authority.

The Customer acknowledges having the capacity required to contract and acquire the Products offered on the Website.

Intellectual property

The content of the Website is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting.

Lack of foresight

In the event that the Service Provider or the Purchaser wishes to raise, in the context of the Sale of Products from the Service Provider to the Purchaser subject to the GTC, a case of unforeseeability as defined by article 1195 of the Civil Code as follows :

• a health crisis considered as a pandemic by the WHO or having serious international repercussions and / or cyclical, material, financial

A prior and compulsory attempt at conciliation will be organized, the Service Provider and the Purchaser refraining from any refusal of renegotiation.

This conciliation suspends the limitation period and the obligations of the Parties in relation to the Product Sale transaction affected by the unforeseeable period for the duration of the conciliation.

However, beyond 45 (FORTY-FIVE) days, the attempt at conciliation will be deemed completed.

If the renegotiation is successful, the Parties will immediately issue a new order formalizing the result of this renegotiation for the Product Sale operations concerned.

Any referral to the judge in violation of this conciliation clause constitutes a plea of inadmissibility rendering the action inadmissible.

Force majeure

The Parties cannot be held responsible if the non-performance or delay in the performance 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.

Exception of non-performance

It is recalled that in application of 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 own and if this non-performance is sufficiently serious, that is to say, likely to call into question the continuation of the Contract or fundamentally upset its economic balance. The suspension of performance will take effect immediately, upon receipt by the defaulting Party of the notification of breach sent to it for this purpose by the Party victim of the default indicating the intention to apply the exception of non-performance as long as that the defaulting Party will not have remedied the observed failure, served by registered letter with acknowledgment of receipt or on any other durable written medium allowing proof of shipment to be provided.

This exception 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 the obligations incumbent upon it by the due date and that the consequences of this non-performance are sufficiently serious for the Party that is the victim of the default.

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

The suspension of performance will take effect immediately, upon receipt by the Party presumed in default of the notification of the intention to apply the exception of preventive non-performance until the Party presumed in default performs the obligation for which a failure to come is manifest, served by registered letter with acknowledgment of receipt or on any other durable written medium allowing proof of sending.

Resolution

1. Resolution for force majeure

The occurrence of an event constituting force majeure within the meaning of case law and article 1218 of the Civil Code will result in the suspension of the obligations weighing on the Seller. This non-performance of the Contract cannot engage the responsibility of the Seller. If the case of force majeure lasts for more than one (1) month, the Seller may not honor the order, subject to reimbursing the Customer, if applicable, for the sums paid by him for the order concerned.

2. Resolution for breach of a party’s obligations

In the event of non-compliance by either party with the obligations listed in the article “Obligations of the Parties”, this may be resolved at the option of the injured party.

It is expressly understood that this resolution for failure of a party to fulfill its obligations will take place as of right, the formal notice resulting from the sole fact of the non-performance of the obligation, without warning, or execution of formalities.

3. Provisions common to resolution cases

It is expressly agreed between the Parties that the debtor of an obligation to pay under the terms of this contract, will be validly put in default by the only 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 having found their usefulness as the reciprocal execution thereof, they will not give rise to restitution for the period prior to the last. service that has not received its counterpart.

In any event, the injured Party may seek legal damages if the damage was foreseeable when the contract was concluded and constituted an immediate and direct consequence of its non-performance.

Applicable law – Language – Disputes

These GTC and the operations resulting from them are governed by French law.

They are written in French. In the event that they are translated into one or more languages, only the French text will prevail in the event of a dispute.

The Customer is informed that he may in any event have recourse to conventional mediation, in particular with the Consumer Mediation Commission (Consumer Code, article L.612-1) or with existing sectoral mediation bodies. , and whose references appear on the website or to any alternative dispute resolution method in the event of a dispute.

The customer can consult the online dispute resolution (ODR) platform by clicking on the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR .

However, if after a period of 45 (FORTY FIVE) days, the Parties could not agree on a compromise or a solution, the dispute would then be submitted to the jurisdictional jurisdiction designated below.

All disputes to which this Contract and the agreements resulting from it may give rise, concerning their validity, interpretation, execution, resolution, consequences and consequences will be submitted to the competent court.

AT ANNEX I – PROVISIONS RELATING TO LEGAL GUARANTEES

Article L.217-4 of the Consumer Code:

The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility.

Article L.217-5 of the Consumer Code:

To comply with the contract, the good must:

• be suitable for the use usually expected of a similar item and, where applicable:
  • correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;
  • present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling.

• or have the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

Article L.217-12 of the Consumer Code:

The action resulting from the lack of conformity lapses two years after delivery of the goods.

Article L.217-16 of the Consumer Code:

When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, 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 buyer’s request for intervention or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.

Article 1641 of the Civil Code:

The seller is bound by the guarantee due to hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer has not acquired it, or has not acquired it. would have given a lower price, if he had known them.

Article 1648 paragraph 1 ^er of the Civil Code:

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