ARTICLE 1. PREAMBLE: IDENTITY AND CONTACT DETAILS OF THE SELLER

The company A&M is a simplified joint stock company with a share capital of 11,163.35 euros, whose registered office is located at 72 bd Victor Hugo 93400 Saint Ouen, registered with the RCS of Paris under number 843 238 379 (SIRET 843 238 379 00013) and whose intra-community VAT number is FR60843238379 édite (“ A&M ”).

A&M publishes and operates the brand and the website https://www.french-bandit.com .

A&M can be reached by mail (A&M, Customer Service, 72 bd Victor Hugo - 93400 St Ouen) and by e-mail ( hi@french-bandit.com ).

ARTICLE 2. DEFINITIONS

• Customer : the person placing an Order via the Site for their personal needs as a consumer.
• Order : the order of one or more Products via the Site.
• Product : product presented on the Site to be offered for sale by A&M.
• Site : website published and operated by A&M, accessible at the following address: https://www.french-bandit.com .

ARTICLE 3: GENERAL PROVISIONS

3.1. Purpose and scope of application

These General Conditions of Use and Sale (“ GCS ”) define the terms of sale (order, payment, delivery and management of any returns) of the Products and the conditions of use of the Site.

The GTC do not govern the provision of services or the sale of products by entities other than A&M that may be present on the Site via links, banners or other hypertext links. A&M cannot be held responsible in any way for the provision of services or the sale of products by third parties, or for the conclusion of e-commerce transactions between Customers and third parties.

3.2. Availability and enforceability of the T&Cs

Before placing any Orders on the Site, the Customer acknowledges these General Terms and Conditions and declares that they accept them without reservation. Validation of an Order constitutes acceptance of these General Terms and Conditions.

By visiting any part of this Site without placing an Order, each Customer also agrees to comply with these General Terms and Conditions without restriction or reservation.

The T&Cs are made available to Customers on the home page of the Site in the “T&Cs” tab at the bottom of the page where they can be directly consulted at any time. The T&Cs may also be communicated by A&M upon simple request from the Customer by e-mail or postal mail.

3.3. Modification of the T&Cs

A&M Company may adapt or modify these T&Cs at any time.

In the event of modification of the T&Cs, the applicable version of the T&Cs is that appearing online on the Site at the time of the Order.

The new version of the T&Cs is binding on Customers from the time they are posted online and cannot apply to transactions concluded previously.

3.4. Entirety of the T&Cs

These General Terms and Conditions express the entirety of the obligations of the parties and prevail over any other version or any other prior document exchanged between the parties and, where applicable, contradictory.

If a condition were to be lacking, it would be governed by the practices in force in the sector of distance selling by companies having their headquarters in France.

ARTICLE 4: CAPACITY AND STATUS OF THE CUSTOMER

The Customer declares to be a natural person aged at least 18 years.

The Customer acts as a consumer within the meaning of the preliminary article of the Consumer Code. He prohibits himself from any purchase for resale, within the meaning of article L.110-1 of the Commercial Code, and declares that his Order is not directly related to a professional activity and remains limited to strictly personal use.

ARTICLE 5: PRODUCTS CONCERNED

5.1. Presentation of Products

The products offered for sale are those presented on the Site.

A&M Company takes the greatest care in the presentation and description of its Products to inform the Customer, so that the latter can know, before placing a final Order, the essential characteristics of each Product and their availability.

For technical reasons (photographic and computer), the actual rendering of the Products may sometimes differ slightly from that of the photos presented on the Site. This is why the photographs are not contractual.

If in doubt, or to obtain additional information or photos, it is possible to contact Customer Service by email at the following address hi@french-bandit.com .

5.2. Compliance

In the countries in which they are marketed, the Products comply with the requirements in force relating to the safety and health of people, the fairness of commercial transactions and the protection of consumers at the time they are placed on the market.

5.3. Availability of Products

Product offers are valid unless otherwise indicated, as long as they are visible on the Site, within the limit of available stocks.

Orders are placed for Products marked “in stock” on the Site.

ARTICLE 6: ORDERING PROCESS

6.1. Steps for concluding the contract

Placing an Order on the Site is done in several steps that the Customer must follow to validate their Order:

• The Customer clicks on the Product of his choice presented on the Site, selects the quantities and any sizes desired, then clicks on the “ Add to cart ” icon to place the Product in the shopping cart. The Customer can add as many Products as he wishes to his cart.

The Customer may, before definitively validating his Order, go to his shopping cart to see the summary of his Order. The Products will be listed with their description, quantities and price.

The Customer may also, before definitively validating his Order, return to the previous pages and correct any errors and/or modify his Order.

• The Customer clicks on “ Order ” to continue the Order process, and then indicates the delivery and payment information and the chosen shipping method.

The Customer undertakes to provide information relating to his contact details which is up to date, complete, accurate and exhaustive.

• By clicking on “ Pay now” , the Customer definitively validates his Order.

• An email acknowledging receipt of the Order and its payment is sent to the Customer as soon as possible to the email address that he provided during the Order process, and constitutes confirmation of the Order.

For any questions relating to the tracking of an Order, the Customer can contact Customer Service by email at the following address: hi@french-bandit.com .

6.2. Modification of the Order

Any modification of the Order by the Customer after confirmation of his Order is subject to the express acceptance of A&M.

ARTICLE 7: PRICE OF PRODUCTS

The sale price of the Products is that displayed on the Site at the time of the Order.

Prices are indicated on the Site in euros, all taxes included, at the VAT rate applicable on the day of the Order.

The sale price of the Products does not include delivery costs invoiced in addition to the price, which will be indicated to the Customer before validation of their Order.

The total amount due by the Customer is indicated on the Order confirmation page.

In the event of promotional operations indicated as such on the Site, A&M undertakes to apply the promotional price displayed on the Site to any Order placed during the period of the promotional operation relayed on the Site.

A&M may modify its prices at any time but undertakes to apply the sale price indicated at the time of the Order.

ARTICLE 8: PAYMENT TERMS

8.1. Total price

Unless otherwise stated, payment for Products purchased from A&M via the Site is required in full cash at the time of the Order. At no time may the amounts paid be considered as deposits or down payments.

8.2. Accepted payment methods

Payments are made by bank card (Visa / Mastercard / Carte Bleue / American Express), by Paypal, by Alma or through the secure payment modules integrated into the Site.

The Customer guarantees that he has the necessary authorizations to use the payment method he chose when validating the Order.

Payment by bank card is irrevocable, except in the event of fraudulent use of the card.

A&M reserves the right to suspend any Order management and any delivery in the event of refusal of authorization of payment by bank card by the organization concerned, or in the event of non-payment or partial payment.

Payment made by the Customer will only be considered final after actual collection of the sums due by A&M.

8.3. Payment security

The Site has an online payment security system allowing the Customer to encrypt the transmission of their banking data.

8.4. Invoice

An invoice will be issued by A&M and sent with the Products.

ARTICLE 9: DELIVERY

9.1. Delivery methods and times

A&M offers two delivery methods to its Customers in mainland France:

• A “home” delivery with a delivery time of between 1 and 5 working days from the date of registration of the Order indicated in the confirmation email;
• A “relay point” delivery with a delivery time of between 5 and 6 working days from the date of registration of the Order indicated in the confirmation email.

The Customer will receive an email notification as soon as their Order is shipped, with a tracking number allowing them to follow their package.

The Customer is informed that in the event of a temporary stock shortage, generated by high demand, or in the event of a shipping delay, delivery times may be increased.

For Orders outside Metropolitan France, the delivery time is indicated during the Order process before final validation of the Order, and may vary depending on the Products ordered, the destination country and the delivery method chosen by the Customer.

 

9.2. Delivery address

The Products will be delivered exclusively in France and in the countries of the European Union.

Delivery is made to the delivery address indicated by the Customer at the time and as part of his Order, the Customer must ensure its accuracy.

9.3. Receipt of Products by the Customer

Each delivery is deemed to have been made upon its availability by the carrier of the Products to the Customer or to a third party designated by the Customer, as evidenced by the control system used by the carrier.

9.4. Anomaly, damage, damaged package

In the event of an anomaly or damaged package, the Customer may notify the carrier or A&M.

• Notification to the carrier

The Customer is advised (but not obligatory) to notify the carrier at the time of delivery, and at the latest within 3 days following delivery, of any reservations regarding the packaging and, where applicable, the condition of the Products (e.g. open package) and possibly to refuse the Products, by indicating this on the delivery note with his signature. If the carrier has not given the Customer the opportunity to check the condition of the package, the Customer then has 10 days to inform him, by registered letter, of the defects noted.

• Notification to A&M

The Customer may also notify A&M of any claim for delivery error, loss or partial damage and/or non-conformity of the Products in nature or quality compared to the information appearing on the Order.

A&M can be contacted:

• By email to hi@french-bandit.com
• By registered letter with acknowledgment of receipt to the address: A&M / FRENCH BANDIT, 72 bd Victor Hugo 93400 St Ouen Sur Seine

Depending on the error or anomaly and the conditions of application of the legal guarantees of conformity and hidden defects, A&M may offer an exchange to the Customer and assign an exchange number to the product(s) concerned or a refund.

In this case, the Product must be returned to A&M in its entirety and in its original packaging if it is still in a condition allowing the safe transport of the Products, according to the instructions sent by email.

9.5. Delay in delivery

(i) Information

In the event of a delay in shipping or delivery known to A&M, an information email will be sent to the Customer as soon as possible and a new shipping or delivery date will be proposed.

At the same time, the Customer is strongly advised to report any delay in delivery to A&M customer service as soon as possible. A&M will then carry out an investigation with the Post Office and/or the carriers concerned in order to locate the package.

ii) Termination of the Contract

In any event, the Customer will have the option to terminate the Contract (i.e. cancel his order) if the delivery of his Order has not taken place on the delivery date initially indicated to him.

To exercise this right:

The Customer must, as a first step, order A&M to make delivery within a reasonable additional period:

• by mail sent to the following address: A&M / FRENCH BANDIT, 72 bd Victor Hugo 93400 St Ouen Sur Seine;
• or by email sent to the following address hi@french-bandit.com.

If the Products have not been received at the end of this new period, the Customer may then, at a later stage, terminate the Contract in the same manner, namely by sending a new letter or a new email.

The Contract is considered terminated upon receipt by A&M of the letter or writing informing it of such termination, unless A&M has performed in the meantime.

However, the Customer may immediately terminate the Contract if A&M refuses to deliver on the delivery date initially indicated to the Customer if this date constitutes an essential condition of the Contract for the Customer. This essential condition results from the circumstances surrounding the conclusion of the Contract or from an express request by the Customer prior to the conclusion of the Contract.

iii) Reimbursement

When the Contract is terminated and in accordance with the provisions of Article L.242-4 of the Consumer Code, A&M is required to reimburse the Customer for all sums paid, at the latest within 14 days following the date of termination of the Contract.

9.6. Delivery and transfer of risks

The risks of loss or damage to the Products are transferred to the Customer at the time when he, or a third party designated by him, takes physical possession of the Product(s) without distinction according to its/their nature.

The Product, which is delivered to the Customer by a carrier chosen by A&M, travels at the risk of A&M.

From the date of delivery, ownership of the Product is transferred to the Customer, except in the case where full payment of the price has not been collected, in accordance with ARTICLE 8 - PAYMENT TERMS.

Article 10: GUARANTEES

A&M, located at 72 bd Victor Hugo 93400 Saint Ouen, guarantees the conformity of the Products sold on the Site. The Customer may therefore make a request under the articles in Appendix I of the General Terms and Conditions.

The Customer has a period of two years from the delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity. During this period, the Customer is only required to establish the existence of the lack of conformity and not the date on which it appeared.

When the contract for the sale of the goods provides for the continuous supply of digital content or a digital service for a period exceeding two years, the legal guarantee is applicable to this digital content or this digital service throughout the period of supply provided. During this period, the Customer is only required to establish the existence of the lack of conformity affecting the digital content or the digital service and not the date of its appearance.

The legal guarantee of conformity entails an obligation for A&M, where applicable, to provide all updates necessary to maintain the conformity of the goods.

The legal guarantee of conformity gives the Customer the right to repair or replacement of the goods within thirty days of their request, free of charge and without major inconvenience for them.

If the goods are repaired under the legal guarantee of conformity, the Customer benefits from a six-month extension of the initial guarantee.

If the Customer requests the repair of the goods, but A&M imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.

The Customer may obtain a reduction in the purchase price by keeping the goods or terminate the contract by obtaining a full refund against return of the goods, if: 1° A&M refuses to repair or replace the goods; 2° The repair or replacement of the goods occurs after a period of thirty days; 3° The repair or replacement of the goods causes a major inconvenience for the Customer, in particular when the Customer definitively bears the costs of taking back or removing the non-compliant goods, or if he bears the costs of installing the repaired or replaced goods; 4° The non-conformity of the goods persists despite A&M's unsuccessful attempt to bring them into conformity.

The Customer is also entitled to a reduction in the price of the goods or to the termination of the contract when the lack of conformity is so serious that it justifies the reduction in price or the termination of the contract being immediate. The Customer is then not required to request the repair or replacement of the goods beforehand.

The Customer is not entitled to rescission of the sale if the lack of conformity is minor.

Any period of immobilization of the property for the purpose of its repair or replacement suspends the guarantee which remained to run until delivery of the repaired property.

The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code.

If A&M hinders the implementation of the legal guarantee of conformity in bad faith, it is liable to a civil fine of a maximum amount of 300,000 euros, which may be increased to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code).

The Customer also benefits from the legal guarantee of hidden defects in application of articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the good is kept or to a full refund against return of the good.

ARTICLE 11: RIGHT OF WITHDRAWAL AND REIMBURSEMENT

11.1. Conditions and time limit for exercising the right of withdrawal

In accordance with the provisions of Article L.221-18 of the Consumer Code, the Customer has the right to exercise his right of withdrawal without having to justify his decision or bear any costs other than those of returning the Products.

The Customer must exercise this right of withdrawal within 14 days from the date of delivery of the Product to return any Product that does not suit them and request a refund.

This withdrawal period does not apply to personalized products that have been made especially for the Customer (in particular engraved medals for necklaces).

11.2. Terms of exercising the right of withdrawal and obligations of the Customer

To exercise his right of withdrawal, the Customer must express to A&M Customer Service his clear wish to withdraw:

• via thereturnscenter.com platform, using the Standard Withdrawal Form available in the appendix to these T&Cs
• or by sending his request by any other means.

The form or declaration must be sent to the following email address hi@french-bandit.com or by post to A&M / FRENCH BANDIT, 72 bd Victor Hugo 93400 St Ouen Sur Seine.

When the Customer has exercised his right of withdrawal, A&M will communicate an acknowledgement of receipt to the Customer by email without delay after receiving the decision to withdraw.

The Customer must then, without undue delay and, at the latest, within fourteen (14) days following the communication of his decision to withdraw:

• place the complete Products that he wishes to return, if possible in their original packaging and in any event in a condition allowing re-marketing as new;
• attach, if possible, a copy of the purchase invoice or any other element allowing identification of the Order in question;
• then put everything in a suitable packaging box guaranteeing the proper transport and security of the Products in order to return them to A&M / FRENCH BANDIT, 72 bd Victor Hugo 93400 St Ouen Sur Seine. The Customer is strongly advised to return the package by any means that provides proof of its sending and gives it a specific date, if possible using the return label downloaded from the platform.

The cost of returning the Products shall be borne by the Customer.

Damaged, soiled or incomplete Products will not be eligible for refund.

11.3. Effects of exercising the right of withdrawal

In the event that the Customer exercises his right of withdrawal, A&M Company will reimburse the customer for all sums paid, including any delivery costs.

However, the return costs remain the responsibility of the Customer.

The refund of all amounts paid will be made to the bank account debited when the Order was placed, as soon as possible and at the latest within fourteen (14) days from the date on which A&M is informed of the Customer's decision to withdraw. However, the refund may be deferred until A&M receives all of the returned Products.

ARTICLE 12: USE OF THE SITE

The Customer undertakes not to jeopardize the proper functioning of the Site by using computer means such as worms, viruses or any other computer code or process of a nature detrimental to the Site.

The Site may be interrupted for maintenance, updating, or for any other technical reason caused by third parties.

ARTICLE 13: PUBLICATION OF NOTICES

A&M offers Customers the opportunity to post reviews or comments on their purchases. The goal is to provide feedback on the use of A&M Products.

13.1. Conditions for submitting notices

The Customer undertakes not to post reviews:

• defamatory, abusive, obscene, offensive, violent or inciting violence, political, racist or xenophobic and generally contrary to the laws and regulations in force, to the rights of individuals or to good morals;
• violating the privacy of third parties;
• infringing copyright or any third party rights.

No consideration is provided by A&M in exchange for submitting a review.

Reviews are posted either spontaneously by the Customer or following a list of verified purchases. In the latter case, these are reviews requested by A&M following an Order by a Customer and via a review collection tool. The author of the review may modify or delete it.

In all cases, opinions are subject to moderation under the conditions described below.

13.2. Ranking of reviews

By default, reviews are sorted in chronological order, from the most recent to the oldest. The Customer can modify the display rules according to the sorting criteria offered on the Site.

13.3. Publication and retention periods

A maximum period of 8 days should be expected between the filing of the notice and its publication.

The notice remains online for a maximum of 3 years from its submission. They are then deleted or anonymized.

13.4. Moderation

Reviews are subject to moderation by A&M, which has the option of not publishing them or deleting them if they do not comply with the rules above in article 13.1, and/or if they do not comply with the following rules:

• the rating does not match the review;
• the review submitted relates to a purchasing experience (customer service, delivery, website) and not to the product rated;
• the notice contains random characters or is not understandable;
• the review is unrelated to the product rated;
• the notice contains personal information or any other information that could lead to identity theft;
• the review encourages a purchase from a competitor;
• the review indicates that the Customer has not yet tested the product;
• the notice is intended to make a complaint;
• A&M believes that it may be subject to civil or criminal liability by maintaining the notice.

A&M will inform the author of the review if publication of the review is refused.

A&M may contact the author of the review for verification purposes if there is any doubt about the authenticity of the reviews.

13.5. Operating authorization

The Customer authorizes, free of charge and for a period of 3 years, the use of the comments and photos (the "Content") of which he is the author by A&M for use in connection with the marketing and promotion of the product to which it relates, on the following media: partner pages, social networks, as well as on search engines, in particular those broadcasting opinions and comments and on all printed media including in particular publishing, catalogs, press, leaflets, flyers, POS.

For this purpose, the Client grants A&M the following exploitation rights:

• the right to reproduce, to have the Content reproduced, in whole or in part, free of charge or for a fee, on any paper or digital medium;
• the right to represent or have represented, directly or through a third party, publicly, in whole or in part, free of charge or for a fee, by any means the Content;
• the right to use, adapt, arrange, modify, translate and have used, adapted, arranged, modified, translated in whole or in part of the Contents.

ARTICLE 14: LIMITATION OF LIABILITY

A&M shall not be held liable in the following cases:

• in the event of a fault on the part of the Customer resulting in an incomplete, incorrect or unfinished Order (providing an incomplete or incorrect address, failure to collect the package within the time limits provided for this purpose, etc.);
• in the event of misuse of the Products, use for professional purposes, negligence or lack of maintenance on the part of the Customer;
• in the event of damage resulting from problems with the Customer’s internet connection, unless this is due to a breach by A&M of one of its obligations;
• in the event of normal wear and tear of the Product;
• in the event of non-performance or poor performance of the Contract due to a case of force majeure within the meaning of Article 1218 of the Civil Code.

In such cases, the reshipping costs will be borne by the Customer.

ARTICLE 15: PROTECTION OF PERSONAL DATA

In order to respond to the Customer's requests, place Orders, and improve its products, A&M processes a certain amount of personal data concerning the Customer (example: email address, delivery address, etc.) in compliance with EU regulation 2016/679 relating to the protection of personal data.

For more information on these personal data processing operations and their terms, the Client can consult the Site's Personal Data Protection Policy accessible at the following address: https://www.french-bandit.com/pages/politique-de-protection-des-donnees-personnelles .

ARTICLE 16: INTELLECTUAL PROPERTY

All elements of the Site (technical documents, drawings, photographs, etc.) are and remain the exclusive property of A&M or of the holders of said rights having granted an exploitation right to A&M.

Thus, none of the content that appears or is available on the Site may be, in whole or in part, copied, reproduced, represented, used, republished, downloaded, posted, transmitted or distributed in any way whatsoever without the prior written consent of A&M, under penalty of constituting an act of counterfeiting.

Any person who has a personal website and who wishes to place, for personal use, on his site a simple link directly to the home page of the Site, must request authorization from the company A&M. This is in no way an implicit agreement of affiliation.

The company names, trademarks and distinctive signs reproduced on the Site are protected under trademark law. The reproduction or representation of all or part of any of the aforementioned signs is strictly prohibited and must be subject to prior written authorization from the trademark owner.

ARTICLE 17: DISPUTE

The T&Cs are governed by French law.

The Parties will endeavour to amicably resolve any dispute or litigation relating to the General Terms and Conditions.

But in any event, the dispute may be submitted to the competent courts.

It will also soon be possible to use a consumer mediator.

ARTICLE 18: PARTIAL NULLITY

If one or more provisions of the General Terms and Conditions are held to be null and void, or invalid or declared as such pursuant to a law, regulation or following a final decision by a competent court, the other provisions of the contract shall retain their full force and scope.

ARTICLE 19: NON-WAIVER

The fact that one of the parties to the T&Cs has not required the application of any clause, whether permanently or temporarily, may not under any circumstances be considered as a waiver of the rights of that party arising from said clause.

ARTICLE 20: ANNEX I: RIGHT OF WITHDRAWAL FORM

“(Please complete and return this form only if you wish to withdraw from the contract)

For the attention of A&M / FRENCH BANDIT, 72 bd Victor Hugo 93400 St Ouen Sur Seine - hi@french-bandit.com

I/we (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of services (*) below:

Ordered on (*)/received on (*):

Name of consumer(s):

Address of consumer(s):

Signature of the consumer(s) (only if this form is notified on paper)

Date :

(*) Delete as appropriate »

 

 

ARTICLE 21: ANNEX II: REPRODUCTION OF ARTICLES RELATING TO LEGAL GUARANTEES

1. The legal guarantee of conformity

Article L.217-4 of the Consumer Code : “ The good is in conformity with the contract if it meets in particular, where applicable, the following criteria:

1° It corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract;

2° It is suitable for any special use sought by the consumer, brought to the attention of the seller at the latest at the time of conclusion of the contract and which the latter has accepted;

3° It is delivered with all accessories and installation instructions, to be provided in accordance with the contract;

4° It is updated in accordance with the contract.

Article L.217-5 of the Consumer Code : “ I.-In addition to the criteria of conformity to the contract, the good is compliant if it meets the following criteria:

1° It is suitable for the use normally expected of a good of the same type, taking into account, where appropriate, any provisions of European Union law and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;

2° Where applicable, it possesses the qualities that the seller presented to the consumer in the form of a sample or model, before the conclusion of the contract;

3° Where applicable, the digital elements it contains are provided according to the most recent version available at the time of conclusion of the contract, unless the parties agree otherwise;

4° Where applicable, it is delivered with all accessories, including packaging, and installation instructions that the consumer can legitimately expect;

5° Where applicable, it is provided with the updates that the consumer can legitimately expect, in accordance with the provisions of Article L. 217-19;

6° It corresponds to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, having regard to the nature of the good as well as to the public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labelling.

II.-However, the seller is not bound by any public declarations mentioned in the preceding paragraph if he demonstrates:

1° That he did not know them and was not legitimately able to know them;

2° That at the time of conclusion of the contract, the public statements had been rectified under conditions comparable to the initial statements; or

3° That the public statements could not have had any influence on the purchasing decision.

III.-The consumer may not contest conformity by invoking a defect concerning one or more particular characteristics of the good, of which he has been specifically informed that they deviate from the conformity criteria set out in this article, a deviation to which he has expressly and separately consented when concluding the contract.

Article L.217-12 of the Consumer Code : “ The seller may not proceed according to the choice made by the consumer if the requested compliance is impossible or entails disproportionate costs, in particular with regard to:

1° Of the value that the good would have in the absence of a lack of conformity;

2° Of the importance of the lack of conformity; and

3° The possible possibility of opting for the other choice without major inconvenience for the consumer.

The seller may refuse to bring the goods into conformity if this is impossible or entails disproportionate costs, particularly with regard to 1° and 2°.

 

When these conditions are not met, the consumer may, after formal notice, pursue specific enforcement of the solution initially requested, in accordance with Articles 1221 et seq. of the Civil Code.

Any refusal by the seller to proceed according to the consumer's choice or to bring the goods into conformity must be justified in writing or on a durable medium.

Article L217-16 of the Consumer Code : “ In the cases provided for in Article L. 217-14 , the consumer informs the seller of his decision to terminate the contract. He returns the goods to the seller at the latter’s expense. The seller reimburses the consumer for the price paid and returns any other benefit received under the contract.
If the lack of conformity only concerns certain goods delivered under the sales contract, the consumer has the right to terminate the contract for all the goods, even those not covered by this chapter, if he cannot reasonably be expected to agree to keep only the goods which conform.
For contracts referred to in II of Article L. 217-1 , providing for the sale of goods and, as an accessory, the provision of services not covered by this chapter, the consumer has the right to terminate the entire contract. Furthermore, in the case of a bundled offer within the meaning of Article L. 224-42-2 , the consumer has the right to terminate all contracts relating thereto.
The respective obligations of the parties to the contract, mentioned in Article L. 224-25-22 and relating to the consequences of the resolution for digital content and digital services, are applicable to the resolution of the contract of sale of a good containing digital elements.

2. The legal guarantee against hidden defects

Article 1641 of the Civil Code : “ The seller is bound by the guarantee for hidden defects in 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 a lower price for it, if he had known of them. ”

Article 1648 of the Civil Code, first paragraph : “ The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect .”