These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by electronic means, with consumers and major non-professional buyers ("Customers or the Customer"), wishing to acquire the products on the website: https://www.campinambulle.com, sold by:
The SAS CAMPINAMBULLE (" seller ")
Siren number : 790 194 575
The head office : LES MALLARDS – 03150 SAINT-GERAND-LE-PUY
Such. : 04 69 96 99 87
Email : firstname.lastname@example.org
VAT N ° : FR 58790194575
ARTICLE 1 – Champ d'application
The general conditions of sale determine the rights and obligations of the parties and specify in particular the conditions of ordering, payment, delivery and guarantee. They are accessible at any time on the Seller's website and may be supplemented by special conditions set out on the Seller's website, and before any transaction with the Customer. The General Conditions of Sale may be subject to subsequent modifications; the version applicable to the Customer's purchase is that in force on the website on the date the order is placed.
Any order for a Product made on the Seller's website entails the unconditional acceptance by the Customer of the specific characteristics of the Product and the General Conditions of Sale, by ticking the box provided for this purpose.
ARTICLE 2 - Products offered for sale
The Products offered for sale on the website: https://www.campinambulle.com are:
Products for fitting out motor vehicles or vans for the purpose of cooking, eating and/or sleeping in them, for the camp,
Accessories products for the camp,
Vehicle development services for the camp.
Tailor-made products, on special order, for the camp,
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 Seller's website. The Customer is required to read it before placing an order. The choice and purchase of a Product is the sole responsibility of the Customer. The photographs presented on the Seller's website are not contractual, the Customer must take care to also refer to the description of the Product, in order to know its properties and essential particularities.
ARTICLE 3 – Geographical area of the sale
The Products presented on the Seller's website are offered for sale in mainland France and in Europe to the following neighboring countries: Germany, Switzerland, Belgium, Luxembourg and Italy.
Outside these areas, customer requests will be refused, unless otherwise accepted by the Seller, on estimate and special order. The Customer acknowledges having been informed of this and may not in any case claim compensation related to the ignorance of this clause.
ARTICLE 4 - Duration of validity of the Product offer
Product offers are valid within the limits of available stocks, as specified when placing the order.
The availability of the products is regularly updated on the Seller's website, however if, despite all the care taken by the Seller, one or more products were to prove to be unavailable after their order, in particular related to logistical hazards or the supply of raw materials, the Seller undertakes to inform the Customer as soon as possible and to offer him the option of canceling his order or replacing it with substitute products.
ARTICLE 5 - Orders
5-1. Customer Identification
The order can only be validated if the Customer has a personal customer account. For the creation of his account, the Customer agrees to fill in the information necessary for his identification, in particular a valid email address which he will use later to identify himself on the site and a confidential code. The Customer is responsible for choosing and keeping his identifiers and must ensure their confidentiality.
The Seller can in no way be held responsible for any theft of identifiers and connection to customer accounts by third parties. The provision of personal information collected in the context of distance selling is mandatory, this information being necessary for the processing and delivery of orders as well as for the establishment of invoices. This information is strictly confidential.
5-2. Placing the order
The Customer can place an order directly on the Seller's website, or by telephone, e-mail:
For an order on the website https://www.campinambulle.com, the Customer selects the Products he wishes to order from the online product catalog. On this occasion, the Customer can choose a product, a quantity, and add it to the basket, within the limits of available stocks. When finalizing his order, the Customer may add Products and/or finalize the details of his delivery. The Customer will thus have the opportunity to check the details of his order, its total price and to correct any errors before confirming his acceptance. To definitively validate his order, the Customer must read and accept without reservation the General Conditions of Sale by ticking the box provided for this purpose.
For an order by telephone or e-mail, the Seller invites the Customer to make a visit or a free trial of the Product. The Customer receives an estimate with the general conditions of sale, which he must sign by electronic signature to validate his order;
The Customer must verify the accuracy of his order and immediately report or rectify any errors. In the event of an inaccuracy causing a payment default, an incorrect address or other problem on the buyer's account, the Seller reserves the right to block the order until the problem is resolved.
5-3. Order confirmation
The sale will be considered as final after the sending to the Customer of a confirmation of the acceptance of the order by the Seller by e-mail.
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 Seller is not intended to sell the Products on the website https://www.campinambulle.com to professionals, but only to consumers or non-professionals, for their personal needs. The Seller therefore reserves the right to refuse orders for the same Product in large quantities and comprising more than 10 products of the same category.
5-4. special order
The Customer also has the option of placing special orders or custom-made products, by telephone or e-mail, for van fitting services. An estimate is then proposed by the Seller indicating the essential characteristics of the service and the products, in particular the reference of the products and services sold, their quantity, the price and the terms of payment. The quote must be signed by the Client. The specific conditions of the regularized order form will specify the methods of deposit and payment of the special order and the deadlines for completion and delivery.
The e-mails will prevail between the parties, as well as the automatic registration systems operated by the Seller or in its name on its website, and will constitute proof of the nature, content and date of the order.
ARTICLE 6 – Rates and payment
The Products are supplied at the current prices appearing on the website https://www.campinambulle.com, when the order is registered by the Seller, the delivery costs clearly appearing independently, including packaging.
The prices are indicated in Euros, all taxes included (TTC) at the legal VAT rate in force. These prices are firm and non-revisable during their period of validity, as indicated on the website, the Seller reserves the right, outside this period of validity, to modify the prices at any time.
If the Customer requests a delivery method not provided for in the special conditions, the Seller will inform him, if delivery is possible, of the cost before the Customer confirms the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs. If one or more taxes or contributions, in particular environmental, were to be created or modified, up or down, this change may be passed on to the selling price of the products.
6-2. Payment Terms
The placing of the order implies a cash payment by the Customer for purchases on the Seller's website, by credit card CB, Visa and Eurocard Mastercard, American express and Google pay.
For any order placed by telephone or e-mail, the estimate signed by the Customer specifies the terms of payment, any down payments requested, and the deadlines within which payments must be made. Payment for purchases is accepted by credit card CB, Visa and Eurocard Mastercard, American express and Google pay, or by bank transfer, check.
Online or telephone payments are made via a secure STRIPE platform.
The Seller will not be required to deliver the Products ordered by the Customer if the Customer does not pay the full price under the conditions of his order, or in the event of incorrect information, or a payment incident. Payments made by the Customer will only be considered final after effective collection of the sums due by the Seller, failing which the order will be automatically cancelled.
In case of cancellation of the order, by the Customer, after its acceptance by the Seller, for any reason whatsoever except force majeure, the deposit paid with the order, will be automatically acquired by the Seller and cannot give give rise to any reimbursement.
An invoice is drawn up by the Seller and sent electronically to the e-mail address provided by the Customer, when the goods are dispatched.
ARTICLE 7 - Retention of title
THE SELLER RESERVES OWNERSHIP OF THE PRODUCTS, PARTS AND CONSUMABLES, OBJECT OF THE SALE UNTIL FULL PAYMENT OF THE PRICE, IN PRINCIPAL AND ACCESSORIES, BY THE CUSTOMER. PAYMENT OF THE PRICE MEANS THE ACTUAL COLLECTION. IN CASE OF NON-PAYMENT FOR A SINGLE INSTALLMENT, THE RETURN OF THE DELIVERED PRODUCTS MAY BE CLAIMED BY THE SELLER BY ANY MEANS. THE ABOVE PROVISIONS DO NOT PREVENT, FROM THE DELIVERY OF THE PRODUCTS, THE TRANSFER TO THE CUSTOMER OF THE RISKS OF LOSS OR DAMAGE TO THE PRODUCTS SUBJECT TO RETENTION OF OWNERSHIP. THE CUSTOMER PROHIBITS ANY ACT OF DISPOSAL OR TRANSFORMATION BEFORE FULL PAYMENT OF THE PRICE UNLESS WITH PRIOR AGREEMENT FROM THE SELLER, AS WELL AS PLEDGE OR ASSIGNMENT AS GUARANTEE OF OWNERSHIP OF THE PRODUCTS. THE CUSTOMER WILL BE REQUIRED TO MAKE THE NECESSARY ARRANGEMENTS SO THAT THE PRODUCTS SOLD REMAIN UNTIL FULL PAYMENT OF THE PRICE, IDENTIFIABLE AS THE PROPERTY OF THE SELLER. IN THE EVENT OF SEIZURE OR OTHER SIMILAR OPERATION PERFORMED BY THIRD PARTIES ON THE PRODUCTS, THE CUSTOMER IS REQUIRED TO IMMEDIATELY INFORM THE SELLER IN ORDER TO ENABLE HIM TO OPPOSE IT AND TO CLARIFY HIS RIGHTS, OR TO CLAIM HIS OWNERSHIP. IF THE SEIZURE HAS NEVER TAKEN PLACE, THE CUSTOMER MUST BEAR ALL THE COSTS AND FEES OF THE RELEASE PROCEDURE, HE WILL BE RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE FAILURE OR DELAY IN INFORMING THE SELLER.
ARTICLE 8 – Delivery – Withdrawal from the workshop
8-1. Withdrawal of the Product from the Seller's workshop
When ordering, the Customer may choose to collect the Product(s) ordered from the Seller's workshop. This withdrawal is free. To collect the Product from the Seller's Store, the Customer then has a period of ten (10) working days from the date of notification of receipt of the Product in the Seller's workshop.
The Product will only be delivered to the Customer on presentation of an identity document with photo (passport, identity card, driving licence) and a copy of the order placed on the internet or of the order number. The Customer must carefully check when collecting the Product for any lack of conformity and/or any apparent damage.
The Products can also be delivered at the request of the Customer, in metropolitan France, and in Europe to the following neighboring countries: Germany, Switzerland, Belgium, Luxembourg and Italy, under the conditions of day, place, price and time defined when placing an order on the Seller's website, which the Customer must read before confirming his order. In all cases, the Customer must communicate the first name, last name, precise and complete address (floor, digicode), as well as his telephone number and e-mail address to allow delivery.
8-3. Delivery delay
The conditions, costs and delivery times differ depending on the delivery method chosen by the Customer and the Product ordered.
The Customer will be informed, at the time of placing his order, of the delivery method(s) available as well as the applicable time(s) and prices.
Excluding special orders, or details on the product sheet, delivery times are a maximum of 8 weeks from the validation of the order by the Seller and the actual collection of the payment requested if it is deferred from the latter.
The delivery date may be communicated by email by the carrier who will give details by email or text message, directly to the Customer. The latter accepts that his contact details are transmitted to the carrier for this purpose.
It is recalled that the order is considered validated upon receipt of the acknowledgment of receipt sent by the Seller by e-mail.
8-4. Suspension - retard
The seller's obligations will be suspended automatically and without formalities in the event of events of force majeure such as: fire, flood, strike, epidemic, interruption in transport, impossibility of supply or the occurrence of circumstances preventing the normal execution of the contract under normal conditions for the Seller.
Except for the cause of suspension mentioned above, in the event of the seller's failure to fulfill his obligation to deliver on the date or at the end of the period provided for above, or on the product sheet, the Customer may terminate the contract, within the conditions of Articles L. 216-2, L. 216-3 and L. 216-4 of the Consumer Code, by registered letter with acknowledgment of receipt or in writing on another durable medium, if, after having enjoins, according to the same terms, the professional to make the delivery or to provide the service within a reasonable additional period, the latter has not complied within this period.
8-5. Receipt by the Customer
The Seller organizes the transport of his goods with a transport company of his choice. The Customer bears the loss or damage to the goods at the time he takes physical possession of the goods.
The Customer agrees to take possession of his order on the date and within the time slot chosen when placing the order or on the date communicated by the carrier. In the event of the Customer's absence during the deposit at his home and the non-collection of the goods from the carrier following the scheduled date of delivery or collection, the package(s) will be returned to the Seller. If the Customer requests a reshipment of the goods, the shipment will be at the Customer's expense.
Upon delivery or collection of his order, the Customer has the obligation to check the condition of the package. In the event of non-compliance, the Customer must take a photograph, make reservations on the carrier's voucher or refuse the goods. The conformity of the order is understood as the presence of the products, their adequacy in relation to the order and their apparent condition.
8-6. Installation of products
The Seller provides its products with Assembly Explanation Videos sent by e-mail and presented on its website https://www.campinambulle.com. The installation, if necessary, can be carried out by its services in its workshops or by a specialized fitter of the Customer's choice at its expense and at its request.
ARTICLE 9 - Right of withdrawal
9-1. Right of withdrawal for standard products
The consumer Customer having made a distance purchase, 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 a penalty, for exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within 14 days at most following notification to the Seller of the Customer's decision to withdraw.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be put back on the market in new condition, accompanied by the purchase invoice, to the following address: SAS CAMPINAMBULLE: LES MALLARDS – 03150 SAINT-GERAND-LE-PUY. Damaged, soiled or incomplete Products are not taken back.
The right of withdrawal can be exercised, using the withdrawal form in Appendix 1 below, which the Customer must return by email to the address: email@example.com, or any other declaration, devoid of ambiguity, expressing the desire to retract.
In the event of exercise of the right of withdrawal within the aforementioned period, only the price of the Product(s) purchased will be reimbursed; the return costs remain the responsibility of the Customer. The refund will be made within 14 days of notification to the Seller of the decision to withdraw and proof of shipment of the goods, or failing that, as soon as the Seller has collected them in person.
9-2. No right of withdrawal for custom-made, modified or heavily adjusted products
The consumer Customer is informed that in accordance with article L221-28 of the Consumer Code, the right of withdrawal, as well as any request for reimbursement, cannot be exercised when the Product has been manufactured, modified, adjusted or highly personalized. at the request of the Customer in the event that the product presents rarity, originality, or identification, requested by the Customer. Therefore, the right of withdrawal is excluded for orders of made-to-measure or special order products.
ARTICLE 10 - Warranties
10-1. Legal guarantees
In accordance with the legal provisions, the Customer benefits from the legal guarantee against defects of conformity existing when the product is delivered (articles L217-4 to L217-14 of the Consumer Code) and from the legal guarantee against defects or defects. hidden features of the product sold which render it unfit for the use for which it is intended, or which so diminish this use that the customer would not have acquired it, or would only have given a lower price for it, if he had known. (Articles 1641 to 1648 of the Civil Code and article 2232 of the Civil Code). The provisions of these articles are reproduced at the end of these general conditions of sale, Appendix 2.
It is recalled that within the framework of the legal guarantee of conformity, the Customer:
has a period of two years from the delivery of the goods to take action against the Seller;
can choose between repairing or replacing the Product ordered, subject to the cost conditions provided for in Article L 217-9 of the Consumer Code;
is exempted from providing proof of the existence of the lack of conformity of the Product during the twenty-four months following the delivery of the Product.
The legal guarantee of conformity applies independently of the commercial guarantee that may possibly cover the Product.
The Customer may decide to implement the guarantee against hidden defects of the Product in accordance with article 1641 of the Civil Code; in this case, he can choose between the resolution of the sale or a reduction of the sale in accordance with article 1644 of the Civil Code.
To exercise this guarantee, the Customer must return the products in the state in which he received them with all the elements (accessories, instructions, etc.) as well as a copy of the purchase invoice. Products returned by post must be in packaging that allows transport in good conditions.
In order to assert his rights, the Customer must inform the Seller, by email: firstname.lastname@example.org of the non-compliance of the Products, within a maximum period of 48 hours, from the delivery of the Products or the discovery of the defects. hidden by sending a photograph of the product. The Seller may refund non-compliant or defective Products, or offer a replacement.
Any claim not made in the rules defined above and within the time limits could be rejected and not give rise to the right to warranty.
10-2. Commercial guarantee
The products manufactured by the Seller, and bearing its brand, designated as a travel trunk, are guaranteed for life, in replacement or repair of the product recognized as defective. No costs, indemnities or damages of any kind may be claimed.
Any product that has been transformed by the customer cannot be returned or exchanged.
This commercial warranty does not cover:
replacement of consumables (hanging jars, stemmed glasses, basin, etc.), abnormal or non-compliant use of products,
damage caused by exposure of the equipment to an unsuitable environment, the obsolescence of the products.
The Customer must carefully consult the instructions for use supplied with the products or the installation videos.
The Customer may also benefit, depending on the products, from extended warranties which may be payable at the time of purchase and which will be mentioned on the product sheet. Depending on the products, in the event of a breakdown or malfunction, the Product will be reimbursed at its purchase price, repaired or exchanged according to the Seller's recommendations. The Customer must return the products in the state in which he received them with all the elements (accessories, instructions, etc.) as well as a copy of the purchase invoice. Products returned by post must be in packaging that allows transport in good conditions.
It is recalled that the benefit of the commercial guarantee does not preclude the application of the legal provisions mentioned above on the guarantee of conformity and hidden defects.
10-3. Manufacturer's Warranty
Certain products for sale on https://www.campinambulle.com benefit from a contractual guarantee called "Manufacturer's Guarantee" granted by the supplier or the manufacturer of the product, and to which CAMPINAMBULLE is not a party. The existence of this Manufacturer's Warranty is indicated in the product sheet on the site.
If the Customer wishes to invoke the Manufacturer's Warranty, he must indicate this when contacting the Seller's customer service department and must also consult the terms of application of the Manufacturer's Warranty generally present in the box containing the product.
It is recalled that the benefit of the manufacturer's warranty does not preclude the application of the legal provisions mentioned above on the warranty of conformity and hidden defects.
ARTICLE 11 - Service Client
For any questions, difficulties or complaints, the Customer may contact the Seller:
- by e-mail: email@example.com
- by post: SAS CAMPINAMBULLE: LES MALLARDS – 03150 SAINT-GERAND-LE-PUY
- By phone on 04 69 96 99 87
ARTICLE 12 - Liability
Normal use of the Product(s) sold by Seller is required. No liability of the Seller can be accepted in the event of misuse or misuse of the Products by the Customer. A video of use and installation of the Products is sent to the Customer with his equipment, on condition that he complies with it.
The responsibility of the Seller cannot be engaged in the event of non-performance or poor performance of the obligations contained in the General Conditions of Sale caused by the Customer, force majeure, unforeseeability. In particular, the Seller cannot under any circumstances be held responsible for an act attributable to the Customer, such as negligence or failure by the Customer to fulfill his obligations, in particular incomplete or imprecise contact details of the recipient or the Customer, to an act attributable to the recipient , in particular absence or refusal of the recipient, or to an unforeseeable and insurmountable fact of a third party foreign to the contract.
The Seller cannot be held liable for any inconvenience, delay and/or risk inherent in the use of the Internet such as, in particular, a suspension of the service, an intrusion or the presence of a computer virus external to the Seller.
The Seller's liability can only be engaged in the event of proven fault or negligence and is limited to direct damages to the exclusion of any indirect damages of any nature whatsoever.
ARTICLE 13 - Protection of personal data
13-1. Data collected
Pursuant to Law 78-17 of January 6, 1978 amended by Law No. 2018-493 of June 20, 2018 (known as the GDPR Law), it is recalled that SAS CAMPINAMBULLE collects the following personal data from its customers: surname, first name , e-mail address, complete postal address, telephone number.
13-2. Purpose and recipient
The personal data requested from the Customer is necessary for the processing of his order: in particular for the registration of the order, the means of payment, communication with the Customer, and for the establishment of invoices, delivery. Personal data may be shared with third-party companies, in particular when the user uses online payment services in connection with banking companies, or with the carrier for the organization of delivery. The processing of information communicated via the website https://www.campinambulle.com meets the legal requirements for the protection of personal data, the information system used ensuring optimal protection of this data.
13-3. Customer's right to their data
The Customer has, in accordance with the national and European regulations in force, a right of permanent access, modification, rectification, opposition to portability and limitation of processing with regard to information concerning him. The Customer may write to the SAS CAMPINAMBULLE postal address: LES MALLARDS – 03150 SAINT-GERAND-LE-PUY or email: firstname.lastname@example.org, indicating his surname, first name, e-mail address and, if possible, the customer reference. . In accordance with the regulations in force, the writing must be signed and accompanied by a photocopy of an identity document bearing the signature and specify the address to which the response must be sent.
In case of dissatisfaction, it is possible to seize the CNIL of any dispute on the site www.cnil.fr.
In accordance with article L.223-2 of the Consumer Code, the Customer is also informed that he has the possibility, if he wishes, to register on a list of opposition to canvassing available on the website www.bloctel.gouv.fr
13-4. The duration of the conversation
The data is kept either 3 years after the end of the contract or 10 years for some of them in order to be able to respond to any checks by the Administration. Invoices and purchase orders will be kept for the legal and tax retention periods in force.
ARTICLE 14 – Cookies
ARTICLE 15 - Intellectual property
The content of the website https://www.campinambulle.com is the property of the Seller. Any total or partial reproduction of this content is strictly prohibited. Consequently, the Customer refrains from any action and any act likely to directly or indirectly infringe the intellectual property rights of SAS CAMPINAMBULLE.
ARTICLE 16 – Imprevision – Force majeure
16-1. Lack of foresight
In the event of the occurrence of an event beyond the control of the parties compromising the balance of the contract to the point of making it detrimental for the Seller to perform its obligations; the parties agree to negotiate in good faith the modification of the contract. The following events are particularly targeted: change in the price of raw materials, change in customs duties and taxes, change in exchange rates, change in legislation, change in the financial situation of the Customer. In the absence of agreement between the parties, the Seller or the Customer shall have the option of terminating the contract subject to one month's notice.
16-2. force majeure
None of the parties to this contract may be held liable for its delay or failure to perform one of its obligations under the contract if this delay or failure is the direct or indirect effect of a case of force majeure understood in a broader sense than French case law such as:
occurrence of a natural disaster,
earthquake, storm, fire, flood etc,
armed conflict, war, conflict, attacks,
labor dispute, total or partial strike at the Seller's or the Customer's,
labor dispute, total or partial strike at Manufacturers, service providers, carriers, post offices, public services, etc.
imperative injunction from public authorities (import ban, embargo, administrative closure)
operating accidents, machinery breakdown, explosion.
Each party will inform the other party, without delay, of the occurrence of a case of force majeure of which it becomes aware and which, in its view, is likely to affect the performance of the contract. If the duration of the impediment exceeds more than one week, the parties must consult each other within 5 working days to examine in good faith whether the contract should continue.
ARTICLE 17 – Divers
If one or more stipulations of these general conditions of sale are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations shall retain all their strength and reach.
The fact for one of the parties not to take advantage of a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation. in question.
ARTICLE 18 - Applicable law - Litigation - Mediation
These General Terms and Conditions of Sale and the resulting transactions are governed by French law. The language of the contract is the French language.
In the event of a complaint or dispute, the Customer must send an email to SAS CAMPINAMBULLE in order to resolve the dispute amicably, in particular by email to the following address email@example.com.
If no agreement is reached, the Customer has the possibility of resorting to mediation or any other alternative method of dispute resolution. The Customer may contact:
the sectoral mediation body, whose references appear on the website https://www.economie.gouv.fr/mediation-conso/mediateurs-references which the Client may contact at the following coordinates:
Name of the mediator: SAS Mediation Solution
Mediator's email address: firstname.lastname@example.org
Address of the mediator: 222 chemin de la bergerie 01800 Saint Jean de Niost
The Online Dispute Resolution platform which facilitates the independent resolution of online disputes between consumers and professionals in the European Union and accessible at the following link: https://webgate.ec.europa.eu/odr/.
If no amicable solution can be reached between the Seller and the Customer, all disputes to which the purchase and sale transactions concluded in application of these general conditions of sale could give rise will be submitted to the competent courts under the conditions of common law.
Annex 1 Withdrawal form
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on https://www.campinambulle.com except exclusions or limits to the exercise of the right of withdrawal according to the applicable General Conditions of Sale and their article 9 "right of withdrawal".
For the attention of SAS CAMPINAMBULLE: LES MALLARDS – 03150 SAINT-GERAND-LE-PUY
Order of ………
Order number: ............................................ ..............
Client name : .............................................. ...............................
Customer's address: .............................................. ..........................
Client's signature :
Appendix 2 - Provisions relating to legal warranties
Article L217-4 of the Consumer Code
“The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. »
Article L217-5 of the Consumer Code
“The property is in accordance with the contract:
1° If it is specific to the use usually expected of a similar item and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling
2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted.
Article L217-12 of the Consumer Code
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. »
Article L. 217-12 of the Consumer Code:
“The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. »
Article L217-16 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, for a restoration 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 request for intervention by the buyer 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 on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid less if he had known 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."