ARTICLE 1. PREAMBLE: SELLER'S IDENTITY AND CONTACT DETAILS

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 Paris Trade and Companies Register under number 843 238 379 (SIRET 843 238 379 00013) and whose intra-community VAT number is FR60843238379 (hereinafter "A&M").

A&M publishes and operates the brand and 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

• Client: the person placing an Order via the Website for personal needs as a consumer.
• Order: the order for one or more Products via the Website.
• Product: product presented on the Website for sale by A&M.
• Website: 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 Terms and Conditions of Use and Sale ("GTC") define the terms of sale (order, payment, delivery and management of any returns) of the Products and the conditions of use of the Website.

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 Website via links, banners or other hypertext links. A&M cannot in any way be responsible for the provision of services or the sale of products by third parties, or for the conclusion of e-commerce transactions between Clients and third parties.

3.2. Availability and enforceability of the GTC

Before placing any Orders on the Website, the Client acknowledges these GTC and declares to accept them without reservation. The validation of an Order constitutes acceptance of these GTC.

By visiting any part of this Website without placing an Order, each Client also undertakes to comply with these GTC without restriction or reservation.

The GTC are made available to Clients on the homepage of the Website under the "CGV" tab at the bottom of the page, where they can be consulted at any time. The GTC can also be communicated by A&M upon simple request from the Client by e-mail or postal mail.

 

3.3. Modification of the GTC

A&M may adapt or modify these GTC at any time.

In the event of modification of the GTC, the applicable version of the GTC is the one appearing online on the Website at the time of the Order.

The new version of the GTC is enforceable against Clients from their online publication and cannot apply to transactions concluded previously.

 

3.4. Entirety of the GTC

These GTC express the entirety of the parties' obligations and prevail over any other version or any other previous document exchanged between the parties and, where applicable, contradictory.

Should a condition be missing, it would be governed by the practices in force in the distance selling sector by companies headquartered in France.

 

ARTICLE 4: CLIENT CAPACITY AND STATUS

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

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

 

ARTICLE 5: CONCERNED PRODUCTS

5.1. Presentation of Products

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

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

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

In case of 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 where they are marketed, the Products comply with the regulations in force relating to safety and health of persons, fair commercial transactions and consumer protection at the time of their placement on the market.

 

5.3. Product Availability

Product offers are valid unless otherwise specified for a particular period, as long as they are visible on the Website, within the limits of available stock.

Orders are placed for Products marked "in stock" on the Website.

ARTICLE 6: ORDER PROCESS

6.1. Stages of contract conclusion

 

Placing an Order on the Website involves several steps that the Client must follow to validate their Order:

• The Client clicks on the Product of their choice presented on the Website, selects the desired quantities and sizes, then clicks on the "Add to cart" icon to place the Product in the shopping cart. The Client can add as many Products as desired to their cart.

Before definitively validating their Order, the Client can go to their shopping cart to view the summary of their Order. The Products will be listed with their description, quantities, and price.

The Client can also, before definitively validating their Order, return to the previous pages and correct any errors and/or modify their Order.

• The Client clicks on "Order" to continue the Order process, and then provides the delivery and payment information and the chosen shipping method.

The Client undertakes to provide up-to-date, complete, accurate, and exhaustive contact information.

• By clicking on "Pay now", the Client definitively validates their Order.

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

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

 

6.2. Order Modification

Any modification to an Order by the Client after its confirmation is subject to A&M's express acceptance.

 

ARTICLE 7: PRODUCT PRICES

The selling price of the Products is that displayed on the Website at the time of the Order.

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

The selling price of the Products does not include delivery costs charged in addition to the price, which will be indicated to the Client before validation of their Order.

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

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

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

ARTICLE 8: PAYMENT METHODS

8.1. Full price

Unless otherwise stated, payment for Products purchased from A&M via the Website is required in full at the time of order. At no time can the sums 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 via the secure payment modules integrated into the Website.

The Client guarantees that they have the necessary authorisations to use the payment method chosen during the validation of the Order.

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

A&M reserves the right to suspend any Order processing and any delivery in case of refusal of payment authorisation by bank card by the concerned organisation, or in case of non-payment or partial payment.

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

 

8.3. Payment Security

The Website is equipped with an online payment security system allowing the Client 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:

• "Home delivery" with a delivery time of 1 to 5 working days from the order registration date indicated in the confirmation email;
• "Collection point delivery" with a delivery time of 5 to 6 working days from the order registration date indicated in the confirmation email.

The Client will receive an email notification upon shipment of their Order, with a tracking number allowing them to track their package.

The Client is informed that in case of temporary stock shortage, generated by high demand, or in case of shipping delay, delivery times may be extended.

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

 

9.2. Delivery address

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

Delivery is made to the delivery address indicated by the Client at the time and within the framework of their Order; the Client must ensure its accuracy.

 

9.3. Receipt of Products by the Client

Each delivery is deemed to have been made upon the carrier's provision of the Products to the Client or to a third party designated by them, evidenced by the control system used by the carrier.

 

9.4. Anomaly, damage, damaged package

In case of anomaly or damaged package, the Client can notify the carrier or A&M.

• Notification to the carrier

It is advisable (but not mandatory) for the Client to notify the carrier at the time of delivery, and at the latest within 3 days following delivery, of any reservation regarding the packaging and, if applicable, the condition of the Products (e.g. open package) and possibly to refuse the Products, indicating this on the delivery note with their signature. If the carrier has not given the Client the opportunity to check the condition of the package, the Client then has 10 days to inform them, by registered letter, of the defects observed.

• Notification to A&M

The Client 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 indications on the Order.

A&M can be contacted:

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

Depending on the error or anomaly and the application conditions of the legal guarantees of conformity and hidden defects, A&M may propose an exchange to the Client 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 safe transport of the Products, according to the instructions sent by email.

9.5. Unclaimed package at a relay point

In the case of delivery to a relay point, the customer has a warning period defined by the carrier to collect their package. If the package is not collected within this period, it is automatically returned to French Bandit.

In this situation, a return fee of €5.50 incl. VAT will be charged to the customer. These fees correspond to the re-routing costs borne by French Bandit and will be deducted from the refund of the order or will be subject to a separate invoice.

French Bandit cannot be held responsible for the customer's failure to collect the package within the allotted time.

 

9.6. Delivery delay

i) Information

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

In parallel, it is strongly advised that the Client report any delivery delay to A&M customer service as soon as possible. A&M will then conduct an investigation with La Poste and/or the concerned carriers to locate the package.

 

ii) Contract Termination

In any event, the Client shall have the right to terminate the Contract (i.e., cancel their order) if the delivery of their Order has not occurred by the delivery date initially indicated to them.

To exercise this right:

The Client must, in the first instance, formally request A&M to make the 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 by the end of this new period, the Client can then, in a second instance, terminate the Contract under the same terms, 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 this termination, unless A&M has performed in the meantime.

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

 

iii) Refund

When the Contract is terminated and in accordance with the provisions of Article L.242-4 of the Consumer Code, A&M is obliged to reimburse the Client for all sums paid, no later than 14 days following the date of termination of the Contract.

 

9.7. Delivery and transfer of risks

The risks of loss or damage to the Products are transferred to the Client when they, or a third party they have designated, physically take possession of the Product(s) without distinction according to its/their nature.

The Product, which is delivered to the Client by a carrier chosen by A&M, travels at A&M's risk.

From the delivery date, ownership of the Product is transferred to the Client, except in cases where full payment of the price has not been received, in accordance with ARTICLE 8 - PAYMENT METHODS.

 

Article 10: WARRANTIES

A&M, located at 72 bd Victor Hugo 93400 Saint Ouen, guarantees the conformity of the Products sold on the Website. The Client can therefore submit a request under the articles present in Annex I of the GTC.

The Client 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 a lack of conformity. During this period, the Client is only required to establish the existence of the lack of conformity and not the date of its appearance.

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 applies to this digital content or digital service throughout the entire planned supply period. During this period, the Client is only required to establish the existence of the lack of conformity affecting the digital content or digital service and not the date of its appearance.

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

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

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

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

The Customer may obtain a price reduction while keeping the good or terminate the contract by receiving a full refund against return of the good, if: 1° A&M refuses to repair or replace the good; 2° The repair or replacement of the good occurs after a period of thirty days; 3° The repair or replacement of the good causes a major inconvenience for the Customer, particularly when the Customer definitively bears the costs of collecting or removing the non-conforming good, or if they bear the costs of installing the repaired or replacement good; 4° The non-conformity of the good persists despite A&M's unsuccessful attempt to bring it into conformity.

The Customer also has the right to a price reduction or termination of the contract when the lack of conformity is so serious that it justifies an immediate price reduction or contract termination. The Customer is then not required to request repair or replacement of the good beforehand.

The Customer does not have the right to terminate the sale if the lack of conformity is minor.

Any period during which the good is immobilized for repair or replacement suspends the remaining guarantee until the restored good is delivered.

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

If A&M maliciously obstructs the implementation of the legal conformity guarantee, it incurs a civil fine of up to 300,000 euros, which can be increased to 10% of the average annual turnover (article L. 241-5 of the Consumer Code).

The Customer also benefits from the legal hidden defects guarantee under articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the Customer 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 REFUND

11.1. Conditions and period 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 their right of withdrawal without having to justify their decision or bear any costs other than those for 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 custom-made for the Customer (including engraved tags for collars).

 

11.2. Procedures for exercising the right of withdrawal and Customer's obligations

To exercise their right of withdrawal, the Customer must express their clear intention to withdraw to A&M's Customer Service:

• via the platform returnscenter.com, using the Standard Withdrawal Form available in the appendix to these General Terms and Conditions of Sale
• or by sending their 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 BANDIT / VETO SANTE - 13 rue Pierre Boulanger - 63370 LEMPDES

When the Customer has exercised their right of withdrawal, A&M will immediately send an acknowledgment of receipt to the Customer by email after receiving the withdrawal decision.

• Return the complete Products, if possible in their original packaging,
• include all elements allowing identification of the Order,
• return the Products in packaging ensuring their protection.

11.3. Effects of exercising the right of withdrawal

• Return costs remain the responsibility of the Customer;
• The refund may be refused or reduced in proportion to the depreciation observed when the Product has been used beyond a simple trial.

ARTICLE 12: USE OF THE WEBSITE 

The Client undertakes not to jeopardize the proper functioning of the Website by using computer means such as worms, viruses, or any other harmful computer code or process for the Website.

The Website may be interrupted for maintenance, updates, or any other technical reason due to third parties.

 

ARTICLE 13: PUBLICATION OF REVIEWS

A&M offers Customers the possibility to publish reviews or comments on their purchases. The objective is to provide feedback on the use of A&M Products.

13.1. Conditions for submitting reviews

The Customer undertakes not to submit reviews that are:                               

• defamatory, insulting, obscene, offensive, violent or inciting violence, political, racist or xenophobic and generally contrary to current laws and regulations, the rights of individuals or public morals;
• infringing on the privacy of third parties;
• infringing on copyright or any third-party rights.

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

Reviews are submitted either spontaneously by the Customer, or after a verified purchase survey. 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, reviews are subject to moderation under the conditions described below.

 

13.2. Ranking of reviews

By default, reviews are sorted in chronological order, from newest to oldest. The Customer can change the display rules according to the sorting criteria offered on the Website.

 

13.3. Publication and retention periods

A maximum period of 8 days is to be expected between the submission of the review and its publication.

The review remains online for a maximum period 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 right not to publish them or to delete them if they do not comply with the rules in article 13.1 above, and/or if they do not comply with the following rules:

• the rating does not correspond to the review;
• the review concerns a purchase experience (customer service, delivery, website) and not the product being rated;
• the review contains random characters or is not understandable;
• the review is unrelated to the product being rated;
• the review contains personal information or any other information likely to lead to identity theft;
• the review encourages purchase from a competitor;
• the review indicates that the Customer has not yet tested the product;
• the review is intended to lodge a complaint;
• A&M believes that its civil or criminal liability may be incurred by maintaining the review.

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

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. Authorization of Use

The Customer grants, free of charge and for a period of 3 years, A&M the right to use the comments and photos (the "Content") of which they are the author, for exploitation in connection with the marketing and promotion of the product to which it relates, on the following media: partner page, social networks, as well as on search engines, particularly those disseminating reviews and comments, and on all printed media including, but not limited to, publishing, catalogs, press, leaflets, flyers, POS advertising.

To this end, the Customer grants A&M the following exploitation rights:

• the right to reproduce, to have reproduced the Content, in whole or in part, free of charge or for a fee, on any paper or digital medium;
• the right to represent or to 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 to have used, adapted, arranged, modified, translated in whole or in part the Content.

 

ARTICLE 14: LIMITATION OF LIABILITY 

A&M's liability cannot be engaged in the following cases:

• in case of fault by the Customer resulting in an incomplete, erroneous or unfinished Order (indication of an incomplete or erroneous address, failure to collect their parcel at a relay point within the specified time, incurring return costs of €5.50 incl. VAT at the Customer's expense...);
• in case of improper use of the Products, professional use, negligence or lack of maintenance by the Customer;
• in case of damages resulting from the Customer's internet connection problems, unless this is due to a breach by A&M of one of its obligations;
• in case of normal wear and tear of the Product;
• in case of non-performance or improper performance of the Contract due to a case of force majeure within the meaning of Article 1218 of the Civil Code.

In such cases, re-shipping costs will be borne by the Customer.

 

ARTICLE 15: PROTECTION OF PERSONAL DATA

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

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

By providing your phone number, you are informed of your right, in accordance with Article L. 223-2 of the Consumer Code, to register for free on the Bloctel telemarketing opt-out list (www.bloctel.gouv.fr).

                    

 

ARTICLE 16: INTELLECTUAL PROPERTY 

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

Thus, none of the content appearing or available on the Website 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 infringement.

Any person who has a personal website and wishes to place, for personal use, a simple link on their site referring directly to the homepage of the Website, must first request authorization from A&M. This is in no way an implicit affiliation agreement.

The company names, trademarks and distinctive signs reproduced on the Website 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

These General Terms and Conditions of Sale are governed by French law.

The Parties shall endeavor to amicably resolve any dispute or litigation relating to the General Terms and Conditions of Sale.

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

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

 

ARTICLE 18: PARTIAL NULLITY

If one or more stipulations of the General Terms and Conditions of Sale are held to be null, or invalid or declared as such in application of a law, a regulation or following a definitive decision of a competent court, the other stipulations of the contract shall retain their full force and scope.

 

ARTICLE 19: NON-WAIVER

The fact that one of the parties to the General Terms and Conditions of Sale has not required the application of any clause, whether permanently or temporarily, shall in no case 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)

To 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 good (*)/for the provision of services (*) below:

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

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only in case of notification of this form 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, particularly in terms of functionality, compatibility, interoperability, or any other characteristics provided for in the contract;

2° It is fit for any special use sought by the consumer, brought to the seller's attention at the latest at the time of the 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 with the contract, the good is in conformity if it meets the following criteria:

1° It is fit for the use ordinarily expected of goods of the same type, taking into account, where applicable, any provisions of European Union law and national law as well as all technical standards or, in the absence of such technical standards, the 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, its digital elements are provided in the most recent version available at the time of the 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 supplied with 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, taking into account the nature of the goods as well as 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 statements mentioned in the preceding paragraph if they demonstrate:

1° That they were not aware of them and could not legitimately have been aware of them;

2° That, at the time of the 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 influenced the purchasing decision.

III.-The consumer cannot contest conformity by invoking a defect concerning one or more particular characteristics of the good, of which they were specifically informed that they deviated from the conformity criteria set out in this article, a deviation to which they expressly and separately consented at the time of the conclusion of 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 conformity is impossible or entails disproportionate costs, particularly with regard to:

1° The value the goods would have in the absence of a lack of conformity;

2° The seriousness of the lack of conformity; and

3° The possible option of choosing the other option 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°.

 

Where these conditions are not met, the consumer may, after formal notice, pursue specific performance of the initially requested solution, 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 their decision to terminate the contract. They return the goods to the seller at the latter's expense. The seller refunds the price paid to the consumer 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 goods, even those not covered by this chapter, if they cannot reasonably be expected to accept keeping only the conforming goods.
For contracts mentioned in II of Article L. 217-1, providing for the sale of goods and, as an ancillary matter, 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 related contracts.
The respective obligations of the parties to the contract, mentioned in Article L. 224-25-22 and relating to the consequences of termination for digital content and digital services, are applicable to the termination of the sales contract for goods containing digital elements. »

 

2. The legal guarantee against hidden defects

 

Article 1641 of the Civil Code: “The seller is bound by a warranty against hidden defects of the sold item which render it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lesser price for it, had they known of them.”

 

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