Terms and Conditions
General conditions of sale SAS BONNE ANSE
1- PURPOSE
The purpose of these General Terms and Conditions of Sale (hereinafter "GTC") of the SITE www.bernikfrance.com is to govern all online sales contracts for products presented on the internet SITE (www.bernikfrance.com) of SAS BONNE ANSE, concluded between SAS BONNE ANSE and any internet user (hereinafter the "CUSTOMER"), who places orders online on the SITE.
In the event that the CUSTOMER acts as a professional, it is recalled that he does not benefit from the protective provisions of the Consumer Code.
These General Terms and Conditions constitute the contractual documents binding on the parties, to the exclusion of all other documents such as prospectuses, catalogues or photographs of the products which have only an indicative value.
2- GENERALITIES ON OUR GENERAL TERMS AND CONDITIONS
SAS BONNE ANSE is an independent trader. Its legal form is an SAS registered with the RCS of La Rochelle under the Siret number 929 282 507 00011 whose head office is located at 22 rue de la noue, 17390 La Tremblade, France.
The T&Cs can be viewed directly on our SITE and are applicable to the CUSTOMER who acknowledges, by placing an order, having read and accepted them.
Validation of the order by payment constitutes acceptance by the CUSTOMER of the General Terms and Conditions in force on the day of the order, the conservation and reproduction of which are ensured by SAS BONNE ANSE.
SAS BONNE ANSE reserves the right to adapt or modify these T&Cs at any time. The CUSTOMER will be informed of this by posting on the WEBSITE.
The applicable T&Cs are those in effect on the date of the order.
3- DESCRIPTION OF PRODUCTS
The essential characteristics and prices of our products sold electronically are available on the SITE.
The prices and special offers offered on the SITE are only valid for products sold online and cannot be applied to products sold in stores, and vice versa.
In all cases where the CUSTOMER wishes to obtain technical clarification or additional information on one of the products sold on the SITE, the SAS BONNE ANSE Customer Service is at his entire disposal. To contact him, the CUSTOMER is invited to consult the terms specified in article 14 of these General Terms and Conditions.
4- PRICE
Product prices are indicated on the product sheet in Euros and all taxes included, excluding delivery costs.
SAS BONNE ANSE reserves the right to modify its prices at any time, while guaranteeing the CUSTOMER the application of the price in effect on the day of the order.
If the rules relating to the SAS and VAT or if the VAT rate were to be modified, these changes could be reflected in the price of the items.
The CUSTOMER is informed of the delivery costs of the products which will be invoiced in addition to the price, before the final validation of his order.
All orders are payable in Euros.
Promotional offers are only valid for the duration mentioned on the SITE and only while stocks last.
5- PLACING ORDERS
In order to place orders, the CUSTOMER, as part of a session, fills his virtual basket on the SITE, choosing the selected products of his choice and the desired quantities. The CUSTOMER enters his delivery information.
Any details useful for the delivery of the package, on the delivery address, must be provided by the CUSTOMER.
The CUSTOMER provides information relating to the method of payment, as well as information relating to the execution of the payment itself.
After adding their products to their basket, and before definitively confirming their order by clicking on the "Pay now" button, the CUSTOMER checks the details and the total price of their order and the delivery costs which they can confirm or modify in the event of errors.
By validating his order, the CUSTOMER declares having read and irrevocably accepted these General Terms and Conditions in force on the day of the order.
As soon as the order is validated by clicking on the “Pay now” button, it is definitively placed and binds the CUSTOMER.
An order number is then assigned to him and confirmed at the email address he entered, which he must keep.
Any order constitutes express and irrevocable acceptance of the prices and descriptions of the Products available for sale online.
The CUSTOMER is obliged to pay the amount displayed at the end of the verification process, as well as the delivery costs as set out in these T&Cs in Article 9 “Delivery”.
The order is only definitively taken into account by SAS BONNE ANSE once the amount invoiced for the order has been paid in full. In the event of non-payment, the order is cancelled.
Upon payment of the order by the CUSTOMER, SAS BONNE ANSE acknowledges receipt electronically within 48 hours, summarizing the items in the order placed and the price of the order. The CUSTOMER acknowledges that this email constitutes proof of the nature of the agreement and its date.
If you have not received this order confirmation email, please check the "spam" folder in your email inbox. If your email is not in the "spam" folder, please contact us via the contact form on the SAS BONNE ANSE WEBSITE.
SAS BONNE ANSE reserves the right to accept or refuse the sale, in particular due to its supply possibilities, in the event of non-payment or partial payment of any sum which would be due by the CUSTOMER, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the SITE.
Penalties of an amount equal to the legal interest rate may, at the discretion of SAS BONNE ANSE France, be applied automatically to unpaid amounts after a period of ten days following the date of the Order or upon notification of the rejection of bank payment.
6- ACCEPTANCE BY THE CUSTOMER
The CUSTOMER is fully informed that it is not technically possible to place an order online without having first read and duly accepted these T&Cs. Any order placed on the SITE implies the CUSTOMER's full and unconditional acceptance of these T&Cs. This acceptance will be materialized by clicking on the "Pay Now" button.
7- PAYMENT
Payment for the order is made immediately on the Internet, according to the instructions given for this purpose during the order validation process.
Payment of the order by the CUSTOMER is made exclusively in euros.
The amount to be paid is the total amount including all taxes of the products ordered to which are added the delivery costs as determined in article 9 "Delivery". The total amount of the order increased by the delivery costs is recalled throughout the payment procedure in the "check and pay" section.
Payment is made exclusively through the organizations whose payment icons are offered on the SITE.
SAS BONNE ANSE does not keep any element specific to the banking data of its CUSTOMERS.
All banking transactions are carried out securely on the SHOPIFYPAMENTS Space.
For the payment of online orders, SAS BONNE ANSE uses the services of the company SHOPIFYPAMENTS. The SHOPIFYPAMENTS platform complies with the strictest certification standards in order to ensure the security of payments.
The CUSTOMER certifies that he is the holder of the bank card whose information he provides and that he holds all the necessary rights to use it. Any order validated by the CUSTOMER is only considered effective by SAS BONNE ANSE after acceptance by the SHOPIFYPAMENTS company's Internet payment server.
Finally, the CUSTOMER explicitly acknowledges his obligation to pay, when ordering, by checking a box indicating “ Pay now”.
8- AVAILABILITY
Our products are made in France, with sometimes limited stocks. The offer that is made is only subject to stock availability.
In the event that the ordered item is unavailable, SAS BONNE ANSE will inform the CUSTOMER within five (5) days by email to the address provided by the CUSTOMER. The order will be automatically cancelled for the product concerned.
The CUSTOMER will be immediately reimbursed for the price of the unavailable product, without additional compensation. It is specified that on deferred debit cards the reimbursement only appears at the end of the deferred period, most often at the end of the month.
9- DELIVERY
Where do we deliver? And at what price?
We ship our products to the following countries: Metropolitan France (including Corsica), European Union, and internationally.
Delivery is made to the address provided by the CUSTOMER when confirming the order online. Packages are generally, with some exceptions, sent by Colissimo in mainland France (including Corsica).
The delivery price is indicated before validation of the order.
In what time frame?
Products are delivered on average within 20 working days (Monday to Friday) from receipt of the order. An order for the European Union and international will be delivered within 25 to 30 days.
In the absence of delivery within the aforementioned time limits, delivery of the items ordered will in any event take place no later than thirty (30) days from validation of the order.
What to do in case of late delivery?
In the event of a delay, we invite you to contact us to resolve this inconvenience as quickly as possible.
In the absence of delivery within the above-mentioned time limits, the CUSTOMER may, after having unsuccessfully requested SAS BONNE ANSE to fulfill its delivery obligation within a reasonable additional time limit by registered letter with acknowledgment of receipt or in writing, cancel the contract under the same terms.
In this case, the sums he has paid will then be returned to him within a maximum period of 14 days from the termination of the contract, to the exclusion of any other compensation.
Total failure to deliver shall result in the automatic termination of the sales contract.
Transfer of ownership
SAS BONNE ANSE retains full ownership of the products until full payment of the price and delivery costs.
10- DEFECTIVE PRODUCT OR DELIVERY ERROR
The ordered products are packed in sealed boxes.
Therefore, upon delivery, the CUSTOMER must check the general condition of the package and the condition of the products delivered in order to report any possible damage without delay.
If it turns out that products are damaged or do not correspond to the order, the CUSTOMER is asked to note all reservations on the delivery note given to the delivery person and to clearly indicate the nature of the damage and/or error. Any anomaly concerning the items (damage, item missing from the order form, damaged or opened package, broken, defective item, etc.) must be reported within seventy-two (72) hours of delivery to SAS BONNE ANSE in writing to the address bernikfrance@gmail.com
In the event that he has accepted the delivery and wishes to make a return, the CUSTOMER follows the return procedure described in article 13 below.
11- WARRANTY
SAS BONNE ANSE guarantees that the products offered on the SITE comply with current French legislation.
Please note that the Products delivered may differ from the items photographed.
It is specified that the Products do not benefit from any commercial guarantee within the meaning of articles L.217-15 et seq. of the Consumer Code.
SAS BONNE ANSE is however liable for defects in product conformity under the conditions of Articles L. 217-4 et seq. of the Consumer Code and for hidden defects in the item sold under the conditions provided for in Articles 1641 et seq. of the Civil Code. These articles are reproduced at the end of these T&Cs.
If the CUSTOMER wishes to implement the legal guarantee of non-conformity, we invite you to contact SAS BONNE ANSE Customer Service.
If the CUSTOMER wishes to implement the legal guarantee, he must send his request to the following address, using the return form below:
SAS GOOD ANSE
Customer service
22 rue de la noue
17390 La Tremblade
If replacement of the product is not possible, the CUSTOMER may be reimbursed for the price and delivery costs.
As part of the legal guarantee of conformity, return costs will be reimbursed to the CUSTOMER by SAS BONNE ANSE upon presentation of supporting documents.
12- RIGHT OF WITHDRAWAL
The CUSTOMER has a period of fourteen (14) clear days from receipt of the products to exercise his right of withdrawal, without having to justify himself or pay penalties. The return costs remain the responsibility of the CUSTOMER.
This period begins to run at the beginning of the first hour of the first day following delivery of the Product and ends at the end of the last hour of the last day of the period. When the period of fourteen (14) days expires on a Saturday, Sunday or public holiday, the period is understood to run until the first following working day.
To exercise his right of withdrawal, the CUSTOMER notifies SAS BONNE ANSE of his clear and unequivocal wish to withdraw by sending it to SAS BONNE ANSE by email to the address bernikfrance@gmail.com, or by post to the following address: SAS BONNE ANSE, 22 rue de la noue, 17390 La Tremblade, France. To do this, the CUSTOMER can fully complete the withdrawal form attached below by indicating his name, geographical address, telephone number and email address;
Following the sending of his declaration of withdrawal, the CUSTOMER has a period of (fourteen) 14 days to return the product ordered from SAS BONNE ANSE to Customer Services (Returns) under the conditions described in article 13 below.
The CUSTOMER is fully informed that the costs of returning the products remain their responsibility.
For reasons of hygiene and health protection, the CUSTOMER is fully informed that when he intends to exercise his right of withdrawal, he must return the products ordered in perfect condition, sealed in their original packaging, and unused.
Failing this, in the event of withdrawal after use of the good(s), the CUSTOMER will not be reimbursed for the price of the returned products and other costs, or, if the reimbursement has already been made by SAS BONNE ANSE to the CUSTOMER, the latter must reimburse all reimbursements already received.
SAS BONNE ANSE will refund all amounts paid by the CUSTOMER, with the exception of delivery costs, no later than fourteen (14) calendar days from receipt of the returned products, using the same means of payment that the CUSTOMER chose for the initial transaction. With the express agreement of the CUSTOMER, another means of reimbursement may be used.
In any event, this reimbursement will not incur any costs for the CUSTOMER.
SAS BONNE ANSE may defer reimbursement until recovery of the goods or until the CUSTOMER has provided proof of shipment of these goods, the date retained being that of the first of these facts.
However, SAS BONNE ANSE is not required to reimburse additional costs if the CUSTOMER has expressly chosen a more expensive delivery method than the standard delivery method.
13- PRODUCT RETURN PROCEDURE
Only items purchased on the SITE can be returned to SAS BONNE ANSE for refund or exchange. Items purchased in store must be returned to the store.
In the context of exercising one of the guarantees referred to in Article 11 or the right of withdrawal referred to in Article 12 above, the CUSTOMER follows the procedure described below:
- The CUSTOMER fully completes and signs the warranty return or withdrawal return form and then sends it to the Customer Service (returns) of SAS BONNE ANSE by email to the following address: bernikfrance@gmail.com or by post to SAS BONNE ANSE, 22 rue de la noue, 17390 La Tremblade France
- Upon receipt of the return form, SAS BONNE ANSE will send the CUSTOMER an electronic acknowledgement of receipt specifying the practical arrangements for returning the package.
- The CUSTOMER packs the product following the return instructions in their original packaging, complete, with original labels, accessories, instructions for use and warranty;
- In the event of exercising the right of withdrawal, the CUSTOMER organizes the return and in any event no later than 14 days following the dispatch of his return request to SAS BONNE ANSE;
- Upon receipt of the package, SAS BONNE ANSE contacts the CUSTOMER by email and confirms, depending on the reasons for the return and under the conditions mentioned above, the replacement with a new product or the reimbursement equivalent to the price of the product returned on the original date of purchase.
14- CUSTOMER SERVICE
SAS BONNE ANSE provides customer service before, during and after a CUSTOMER orders its products.
For any questions or complaints, our Customer Service can be reached by email at the following address: bernikfrance@gmail.com
Our customer service team is committed to providing you with a response by email within 72 working hours of receiving your message.
You can also write to us at the following address:
SAS GOOD ANSE
22 rue de la noue
17390 La Tremblade
France
15- INTELLECTUAL PROPERTY
The CUSTOMER is also advised that these terms do not confer any intellectual property rights on it.
Any text, design, brand, logo, sign, product name, title, sound and music, video graphics, user interface, visual interface, photography and source code (hereinafter the "Contents") including, and without this list being limiting, the operation and appearance of these Contents, appearing on the SITE are the property of SAS BONNE ANSE and are protected by texts relating to copyright, patents and trademarks, and other intellectual property rights.
The reproduction, distribution, transmission, modification or use of all or part of these elements is authorized only for information purposes, for private, personal and non-commercial use. Any other use of the elements of the SITE is prohibited.
16- PERSONAL DATA
For any questions relating to the collection and use made by SAS BONNE ANSE of CUSTOMERS' personal data, the latter are invited to consult the SAS BONNE ANSE Privacy Policy.
SAS BONNE ANSE is required to collect certain personal information about you when you place an order: surname, first name, email address, postal address and your telephone number.
With your email address, we can send you a confirmation of your order.
The telephone number may be useful to our customer service or the delivery person to contact you during your delivery.
Payment by credit card is provided by a secure SHOPIFYPAMENTS platform. Your banking data never passes through and is never recorded on the SAS BONNE ANSE website.
The computer processing of the information collected is:
- mandatory in the context of the completion of the sale with SAS BONNE ANSE and the administrative management of the CUSTOMER's order. If the customer does not give his consent, SAS BONNE ANSE will not be able to execute his order.
- is subject to the CUSTOMER's agreement for the communication of information and offers by SAS BONNE ANSE. The CUSTOMER has the right to withdraw his consent to the processing of his personal data at any time.
Generally, customer data will be deleted or anonymized as soon as it is no longer necessary for the above-mentioned purposes, unless there is a legal obligation to retain it.
In accordance with Regulation (EU) 2016/679 of the European Parliament in force on 25 May 2018 and the Data Protection Act of 1978, amended in 2004 and 2018, the CUSTOMER has a right to access, rectify and port their data, which they may exercise by contacting SAS BONNE ANSE Customer Service at the following address: bernikfrance@gmail.com , in accordance with the Privacy Policy mentioned at the bottom of the SAS BONNE ANSE.fr website.
17- RESPONSIBILITY
SAS BONNE ANSE cannot be held liable in any way whatsoever for breach of contract in the following cases:
- in the event of inaccuracy of the information provided on the SITE;
- in the event of a technical problem preventing access to the SITE;
- in the event of intrusion or presence of a computer virus on the SITE;
- in the event of a stock shortage or unavailability of a product offered on the SITE;
- in the event of disruption or total or partial strike, in particular of postal services and means of transport and/or communication;
- in the event of non-performance or poor performance of the contract due either to the CLIENT or to the insurmountable and unforeseeable act of a third party to the contract;
- in case of force majeure;
- in the event of delay or damage in the delivery of the products ordered when these are due to a fault of the CUSTOMER, to an unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure;
- in the event of physical damage caused to the CUSTOMER due to the use of the products ordered via the SITE when this damage is due to a fault of the CUSTOMER, to an unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure;
- in the event of indirect damage linked to the use of the products, including, but not limited to, loss of turnover, loss of profit, loss of business, loss of opportunity, damages or costs;
- in the event of non-compliance of the product with the legislation of the CUSTOMER's country, which is responsible for checking whether the product is not prohibited from sale in its country;
18- CONTENT OF THE SITE
SAS BONNE ANSE pays a lot of attention to the quality of the content of the SITE.
However, some information contained on the SITE may occasionally contain errors.
In the event that the CUSTOMER detects an error, he/she has the possibility of informing SAS BONNE ANSE by contacting Customer Services (article 14).
SAS BONNE ANSE pays particular attention to reproducing as faithfully as possible, and within the limits of the possibilities, the colors of the products offered on the SITE. SAS BONNE ANSE nevertheless warns the CUSTOMER that certain computers can modify these colors.
19- LINKS
Any hyperlink to the SITE must receive the prior agreement of SAS BONNE ANSE.
On the other hand, any hyperlink referring to the SITE and using in particular the technique of framing, deep-linking, in-line linking or any other deep link technique is in any case formally prohibited. In all cases, any link must be immediately removed upon simple request from SAS BONNE ANSE.
20- MISCELLANEOUS
The invalidity of a contractual clause of these General Terms and Conditions does not entail the invalidity of the General Terms and Conditions. The non-application of one or more clauses of the General Terms and Conditions shall not constitute a waiver by one of the parties of the other clauses of the General Terms and Conditions, which shall continue to have effect.
The fact that SAS BONNE ANSE or the CUSTOMER does not take advantage of a breach by the other party of any of the obligations referred to in the Conditions of Sale cannot be interpreted, for the future, as a waiver of the obligation in question.
These Conditions of Sale and the order summary sent to the CUSTOMER form a contractual whole binding the Parties. In the event of a contradiction between these documents, the Conditions of Sale shall prevail.
21- MEDIATION
Any complaint must be sent in writing to Customer Service (article 14 of these General Terms and Conditions) so that the Parties can attempt to find an amicable solution to the existing dispute.
The European Commission provides consumers with an online dispute resolution platform which you can access by going to the following page:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR
22- APPLICABLE LAW AND COMPETENT JURISDICTION
These T&Cs are subject to French law.
In the absence of an amicable agreement between the Parties, THE CUSTOMER may refer any dispute relating to the existence, interpretation, conclusion, execution or termination of the contract and all documents related to this contract to the Court.
In the event that the CUSTOMER is a consumer, the competent Court will be defined according to the provisions of common law.
In the event that the CLIENT is a professional, only the competent Courts of La Rochelle will be competent and the applicable law will be French law.
-------------------------------------------------- -------------------------------------------------- ---------
WITHDRAWAL FORM
Before sending your product(s), please complete this form in capital letters and send it either to the following email address bernikfrance@gmail.com or to the following address: SAS BONNE ANSE, 22 rue de la noue, 17390 La Tremblade FRANCE with your product(s). This information will allow us to process them as quickly as possible.
For the attention of SAS BONNE ANSE, 22 rue de la noue, 17390 La Tremblade FRANCE
I hereby notify you of my withdrawal from the contract for the sale of the property below:
CUSTOMER Name:
CUSTOMER address:
CUSTOMER email address:
CLIENT phone number (optional):
Order number and date:
Date of receipt of the order:
The CUSTOMER bears the costs of returning the product(s) in the event of withdrawal.
Signature of the CLIENT
_______________________________
Done at:
THE :
--------------------------------------------------------------------------------------------------------------
RETURN FORM
Before sending your product(s), we thank you for completing this form in capital letters and sending it either to the following email address bernikfrance@gmail.com or to the following address: SAS BONNE ANSE, 22 rue de la noue, 17390 La Tremblade FRANCE with your product(s). This information will allow us to process them as quickly as possible.
For the attention of SAS BONNE ANSE, 22 rue de la noue, 17390 La Tremblade FRANCE
CUSTOMER and order information:
CUSTOMER Name:
CUSTOMER address:
Phone number:
Email address:
Order number and date:
Date of receipt of the order:
- Return of defective product(s) (please provide a detailed description of the product failures, damage or shortage)
Signature of the CLIENT
_______________________________
Done at:
THE :
--------------------------------------------------------------------------------------------------------------
Reproduction of the articles of the Consumer Code relating to the legal guarantee of non-conformity
Article L217-4
The seller delivers goods that conform to 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, assembly instructions or installation when this has been placed at his expense by the contract or has been carried out under his responsibility.
Article L217-5
The good conforms to the contract: 1° If it is suitable for the use usually expected of a similar good 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 in view of the public statements made by the seller, by the producer or by 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 attention of the seller and which the latter has accepted.
Article L217-6 The seller is not bound by the public statements of the producer or his representative if it is established that he did not know them and was not legitimately in a position to know them.
Article L217-7 Defects of conformity which appear within twenty-four months from delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.
For goods sold second-hand, this period is set at six months. The seller may challenge this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.
Article L217-8 The buyer is entitled to demand that the goods conform to the contract. However, he cannot contest conformity by invoking a defect that he knew about or could not ignore when he contracted. The same applies when the defect originates in the materials that he himself supplied.
Article L217-9 In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, taking into account the value of the goods or the significance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer.
Article L217-10
If the repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price refunded. The same option is open to him: 1° If the solution requested, proposed or agreed upon in application of Article L. 217-9 cannot be implemented within one month following the buyer's complaint; 2° Or if this solution cannot be implemented without major inconvenience for the buyer taking into account the nature of the goods and the use he seeks. However, the sale cannot be cancelled if the lack of conformity is minor.
Article L217-11
The application of the provisions of Articles L. 217-9 and L. 217-10 takes place without any cost to the buyer.
These same provisions do not prevent the allocation of damages.
Article L217-12
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L217-13 The provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature which is recognized by law.
Article L217-14
The recourse action may be exercised by the final seller against successive sellers or intermediaries and the producer of the tangible personal property, according to the principles of the civil code .
Reproduction of the articles of the Civil Code relating to the legal guarantee of hidden defects
Article 1641
The seller is liable for the warranty against hidden defects in the item sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.
Article 1642
The seller is not liable for apparent defects of which the buyer was able to convince himself.
Article 1642-1
The seller of a building to be constructed cannot be discharged, either before acceptance of the works or before the expiry of a period of one month after the purchaser takes possession, from construction defects or lack of conformity then apparent.
There will be no reason to terminate the contract or reduce the price if the seller undertakes to repair.
Article 1643
He is liable for hidden defects, even if he was not aware of them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee.
Article 1644
In the case of Articles 1641 and 1643 , the buyer has the choice of returning the item and having the price refunded, or of keeping the item and having part of the price refunded.
Article 1645
If the seller knew of the defects in the item, he is liable, in addition to the restitution of the price he received for it, for all damages and interest to the buyer.
Article 1646
If the seller was unaware of the defects in the item, he will only be required to return the price and reimburse the purchaser for the costs incurred by the sale.
Article 1646-1
The seller of a building to be constructed is bound, from the acceptance of the works, by the obligations for which architects, contractors and other persons linked to the project owner by a work rental contract are themselves bound under Articles 1792 , 1792-1 , 1792-2 and 1792-3 of this Code.
These guarantees benefit the successive owners of the building.
There will be no reason to cancel the sale or reduce the price if the seller undertakes to repair the damages defined in Articles 1792, 1792-1 and 1792-2 of this Code and to assume the guarantee provided for in Article 1792-3.
Article 1647
If the thing which had defects has perished as a result of its poor quality, the loss is for the seller, who will be liable to the buyer for the restitution of the price and the other compensation explained in the two preceding articles.
But the loss occurring by fortuitous event will be for the account of the buyer.
Article 1648
The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.
In the case provided for in Article 1642-1 , the action must be brought, under penalty of foreclosure, within one year following the date on which the seller can be discharged from apparent defects or lack of conformity.
The European Commission provides an online dispute resolution platform, which can be found at https://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration body.