TERMS AND CONDITIONS OF ONLINE SALES ELIQUIDEDISCOUNT
Article 1: GENERAL PROVISIONS
These terms and conditions constitute a distance sales contract, defining the rights and obligations of the company ELIQUIDEDISCOUNT and the Customer in connection with the sale of products referenced on the website www.eliquidediscount.com.
They concern only the purchases made by the buyers in France and delivered exclusively on the French territory, the regulation applicable to the distance selling with the consumers domiciled in the foreign countries being able to be different compared to the present conditions. Consequently, for all deliveries outside France, these general terms and conditions will only apply for stipulations that are not contrary to the regulations of the country concerned.
These conditions are concluded between the company ELIQUIDEDISCOUNT, hereinafter referred to as "ELIQUIDEDISCOUNT", and any person wishing to make a purchase, hereinafter referred to as the "Customer", via the website www.eliquidediscount.com hereinafter referred to as " Website.
Customers are consumers, defined as natural persons acting for private purposes or for purposes that are not part of a commercial, industrial, artisanal, liberal or agricultural activity, wishing to make a purchase on the Site. However, in accordance with the provisions of Article L. 3511-2-1 of the Public Health Code, ELIQUIDEDISCOUNT undertakes not to sell electronic vaping devices or the refill bottles associated with them, minors under eighteen years old.
The fact that one of the parties does not prevail at a given moment in one of the present conditions can not be interpreted as a waiver of any of the said conditions at a later date. The cancellation of a clause of these terms and conditions will not affect the validity of the terms and conditions as a whole.
The validation by the Customer of an order implies his acceptance of these conditions.
The present general conditions of sale can be modified at any time and without notice by ELIQUIDEDISCOUNT, the modifications then being applicable to all orders subsequent to this modification. ELIQUIDEDISCOUNT may need to modify punctually certain provisions of its general conditions of sale, so it is advisable to the Customer that it be re-read before each order validation.
For any question or complaint relating to the products, their order, their personal data, the right of withdrawal, the place of recovery of waste or the application of the product warranty, the Customer may contact the company ELIQUIDEDISCOUNT at the following coordinates :
By mail: ELIQUIDEDISCOUNT 33 rue gabriel perished 13340 Rognac
By phone: 04.86.68.54.90
By email: https://eliquidediscount.com/en/contact us
Article 2: THE SITE - THE PRODUCTS - AVAILABILITY
All content of the Site (illustrations, texts, labels, brands, images, videos) is the property of ELIQUIDEDISCOUNT. Any reproduction in whole or in part of this site is prohibited, unless the company ELIQUIDEDISCOUNT gives its express and prior authorization. The company ELIQUIDEDISCOUNT does not authorize the creation of hypertext links except express and prior agreement.
The products offered for sale by ELIQUIDEDISCOUNT are presented and detailed in such a way that all consumers are able to know the essential characteristics of the products they would like to purchase, in particular by means of technical descriptions from their partners and suppliers and photographs illustrating products.
Consequently, the responsibility of ELIQUIDEDISCOUNT can not be engaged when the possible errors do not affect the essential characteristics of the product.
The photographs, illustrations and texts appearing on the Site are not contractual.
The products are new products. They are offered for sale within the limits of available stocks and supply possibilities from suppliers of ELIQUIDEDISCOUNT.
The availability of the products will be definitively validated during the confirmation of dispatch of the order which will be sent to the Customer by email.
In the event that one of the products ordered is not available during the preparation of the Customer's order, ELIQUIDEDISCOUNT agrees to contact the Customer by email as soon as possible from the date of order to indicate to him in which time this product can be delivered, being specified that the Customer is entitled to cancel his order.
In case of impossibility of supply of a product, it will be proposed to the Customer to exchange this one with another product of quality, characteristics and equivalent prices. Otherwise, that is to say in case of cancellation of the order of the product concerned by the Customer, the refund of the unavailable product will be made no later than fifteen (15) days after receipt of the sums paid. by the customer. The refund is made by crediting his / her bank account / check. The cancellation of the order of the product and its refund will not affect the rest of the order, which will remain firm and definitive.
Pursuant to Article L. 111-4 of the Consumer Code, ELIQUIDEDISCOUNT delivers to the Customer, in any suitable medium before the conclusion of the sale, the information relating to the period during which or the date until which the coins spare parts essential for the use of the product are available on the market, provided that such information has actually been forwarded by the manufacturer or importer. This information, when sent by the manufacturer or importer, will be confirmed in writing when the product is purchased by the Customer.
Sold electrical and electronic equipment contains hazardous substances that may have potential effects on the environment and human health. As a result, these should not be disposed of with unsorted municipal waste.
ELIQUIDEDISCOUNT takes back, free of charge, used electrical and electronic equipment that the Customer discards, within the limit of the quantity and type of equipment sold.
The Customer may bring used electrical and electronic equipment which he wishes to dispose of in a dump.
ELIQUIDEDISCOUNT may refuse to take back electrical and electronic equipment which, as a result of contamination, poses a risk to the safety and health of the personnel in charge of the recovery, whether conventional personal protective equipment or current conditioning do not prevent. In this case, ELIQUIDEDISCOUNT informs the holder of used electrical and electronic equipment of the refusal of alternative solutions for recovery.
ELIQUIDEDISCOUNT undertakes to take back, free of charge and without the obligation to purchase new batteries or accumulators, the waste batteries and portable accumulators of the same type as the types of portable batteries and accumulators it sells and which it are brought by the Clients.
Article 3: ORDERS
Upon entering the Site, the Client declares that he has the capacity to conclude the present contract, that is to say to have the legal majority and not to be under guardianship or trusteeship.
The Customer will place an order in accordance with the instructions given on the Site. He undertakes to fill out his registration and order form, making sure to give the necessary complete and accurate information. In any case, the Customer is responsible for the information entered on his registration form and when ordering. In case of error, ELIQUIDEDISCOUNT can not be held responsible for any shortcomings or delays in the delivery of products and services (address error, name, etc.)
The steps to conclude the sale on the Sites are as follows:
The Customer selects his products
The Customer chooses the quantity of products then clicks on the tab "I buy"
A page opens and the Customer clicks on the tab "Continue Shopping" if he wishes to order other products or on the tab "Go to cart" if it wants to finalize its current order
The Customer possibility to benefit from any coupons by indicating their references and by clicking on the "Add" tab. In order to be aware of any delivery costs, the Customer clicks on the "Estimate of delivery charges" tab, it informs the country and the postal code of the place of delivery and selects the desired delivery method. The Customer then confirms his order by clicking on the "Validate Order" tab.
If the Customer is registered, he identifies himself by completing his email and password and then clicks on "Identify yourself".
If he is not registered yet, he will have to create an account. He must then indicate his e-mail address and click on "Registration". The Customer must then fill in a certain amount of information. As such, if the Customer does not complete all mandatory fields marked with an asterisk, his registration can not be taken into account.
The Customer chooses his delivery address and billing address. The Customer has the opportunity to update and / or create new addresses. The Customer then clicks on "Validate the order"
The Customer chooses the modalities of transport and becomes aware of the possible cost of the latter. He accepts the present general conditions of sale and recognizes to be major and to be authorized by the legislation of his country to buy vaping products and products containing nicotine by ticking the boxes envisaged for this purpose
The Customer clicks on the "Validate Order" tab
The Customer chooses his method of payment, proceeds to the payment and confirms his order by clicking on the tab "I confirm my order"
The receipt of the order by ELIQUIDEDISCOUNT together with its payment definitively formalizes the distance selling contract concluded with ELIQUIDEDISCOUNT. Once the order has been validated, the Customer can print a summary of his order, which he will receive by email, together with the form for the possible exercise of his right of withdrawal. This document must be kept, it constitutes the proof of the order of the Customer and the contract binding the parties.
In any case, ELIQUIDEDISCOUNT reserves the right not to comply with any request from the Customer that is exorbitant or derogatory to the general law and its general conditions or when the Customer is not up to date with its obligations towards ELIQUIDEDISCOUNT.
The order placed on the Site is automatically canceled if payment is not received within fifteen (15) clear days.
Article 4: PRICE and PAYMENT
The selling prices of the products mentioned on the Site are indicated in euros all taxes included, excluding transport costs.
Their amount is in any case indicated at the end of the online order, before its validation. The price invoiced to the Customer is the price specified on the order confirmation including the price of the products including VAT plus the possible price of the transport.
Shipping costs are shown on the following page:
The fees are determined according to the terms of the transport, the amount of the order and the destination.
ELIQUIDEDISCOUNT reserves the right to modify its selling prices at any time. Nevertheless, no modification after the order taking can be applied. The price applicable to the products ordered is the one appearing on the Site on the day of the order.
Orders are payable in euros, in full and cash. At no time the sums paid can not be considered as a deposit or installments.
Payment is made either:
by credit card on the website of the financial partner of ELIQUIDEDISCOUNT,
by bank transfer
The check should be sent to the order of ELIQUIDEDISCOUNT at the following address: ELIQUIDEDISCOUNT, 33 rue gabriel perished 13340 Rognac and the Customer must include on the back of the check his name and the number of the order. Any order paid by check will be processed from the check cashing ELIQUIDEDISCOUNT keeps orders pending payment by check for ten (10) days. After this time, the order will be canceled. For any check over 100 euros the order will be shipped 10 business days after receipt.
For other payment methods, the amount of the order will be debited at the time of order confirmation.
As soon as the payment is validated, the Customer receives the confirmation of his order by e-mail, accompanied by the invoice.
ELIQUIDEDISCOUNT retains full ownership of the products sold until full payment of all sums due in connection with the Customer's order.
Article 5: DELIVERY - RECEIPT - USE OF PRODUCTS
Deliveries take place in Metropolitan France, in the DROM COM and in the countries indicated at the following address: https://www.eliquidediscount.com/content/1-delivery. Outside this geographical area, deliveries may be made on an exceptional basis, subject to the express acceptance of ELIQUIDEDISCOUNT.
Delivery is made to the address mentioned by the Customer when ordering.
The delivery is deemed made by ELIQUIDEDISCOUNT at the delivery of the products ordered by the carrier to the Customer. Then, the risks of the products are immediately transferred to the Customer.
The transport will be carried out by an independent company. The Customer agrees to sign the delivery order of the products. In case of absence of the Customer during the delivery, the latter has a period of 15 working days to pick up the parcel at the carrier or depository chosen by the Customer, from the filing of the notice of passage. In any case, the Customer is informed as soon as possible of the availability of the products.
Any package sent back to ELIQUIDEDISCOUNT because of an incorrect or incomplete delivery address, or because the Customer has not removed it from the carrier or the depository within the period indicated in the preceding paragraph, will be sent back at the Customer's expense.
Deliveries are made, as far as possible, according to the indicative deadlines listed on the Site depending on the delivery method chosen from the sending of the confirmation email of the delivery of said order. In case of foreseeable delay in delivery, ELIQUIDEDISCOUNT will inform the Customer as soon as possible by email and will provide an estimate of the additional delivery time.
As such, the Customer is informed of the average delivery time at the following address: https: //eliquidediscount.com/en/content/1-delivery
In any case, ELIQUIDEDISCOUNT undertakes to deliver the Consumer Customer within a maximum of 30 days from the conclusion of the contract.
In case of exceeding this deadline and except in case of force majeure, the Customer may resolve the contract, by registered letter with acknowledgment of receipt or by writing on any other durable medium, if, after having ordered ELIQUIDEDISCOUNT of delivery, it did not run within the time limit.
The contract is considered resolved upon receipt by ELIQUIDEDISCOUNT of the letter or writing informing it of this resolution, unless ELIQUIDEDISCOUNT has been executed in the meantime.
When the contract is resolved under the conditions listed above, ELIQUIDEDISCOUNT is required to reimburse the Customer for all amounts paid, at the latest within 14 days of the date on which the contract was terminated. The amount paid by the consumer customer is automatically increased by 10% if the refund is made at the latest 30 days beyond this term, 20% up to 60 days and 50% later.
After shipment, ELIQUIDEDISCOUNT transmits to the Customer a tracking number so that he can follow the delivery of his parcel.
It is the Customer's responsibility to check the condition of the packaging and products and the number of products upon receipt. This verification is considered to have been made once the Customer, or a person authorized by him, has signed the delivery note.
It is up to the Customer in case of dispute, deterioration of the product during transport, damage, missing or late, to make clear and precise reservations on the delivery order of the carrier. The Customer must confirm these reservations to the carrier by registered letter with acknowledgment of receipt within three (3) days, not including public holidays, following the receipt of the products.
In accordance with Article L. 224-65 of the Consumer Code, when the Customer personally takes delivery of the products transported and when the carrier does not justify giving him the opportunity to effectively verify their good condition, the period mentioned above is increased to ten (10) days.
Without prejudice to the measures to be taken vis-à-vis the carrier, claims of defects or non-compliance of the delivered products must be made to ELIQUIDEDISCOUNT in writing as soon as possible from the date of delivery or placing available product. It will be up to the Customer to provide any justification as to the reality of the defects or anomalies found, in particular by sending to ELIQUIDEDISCOUNT:
a photocopy of the reserve letter addressed to the carrier;
and a photocopy of the delivery note mentioning the reservations.
Any claim made late could potentially prevent this claim from being taken into account.
It is expressly agreed that references to the type "subject to inspection on unpacking" do not constitute a reservation within the meaning of this article.
In any case, ELIQUIDEDISCOUNT can not be held responsible for any delay or failure to deliver due to force majeure or fault of the Customer.
In any case, the use of the products will be carried out under the sole responsibility of the Customer. In these circumstances, the Customer is required to ensure the maintenance of the product in good condition, to use it in accordance with its intended purpose, complying in particular with the applicable provisions, the prescriptions given by ELIQUIDEDISCOUNT or by the suppliers of ELIQUIDEDISCOUNT. In this respect, the Customer is not advised to make any changes to the product, install accessories, attachments or any other non-compliant devices on the product. ELIQUIDEDISCOUNT can not in any case be responsible for the defects and deteriorations of the delivered products consecutive to an abnormal or non-compliant use posterior to the delivery of these products.
Article 6: LEGAL GUARANTEES
6.1 General provisions
ELIQUIDEDISCOUNT, whose registered office is located at 33 rue gabriel peri 13340 Rognac, registered with the RCS of SALON DE PCE under the number 523 933 968, in its quality of seller, is held defects of conformity of the good to the contract under the conditions of the Article L. 217-4 and following of the Consumer Code and hidden defects of the thing sold under the conditions provided for in Articles 1641 and following of the Civil Code.
As such, the Customer may make a claim under the legal warranty of conformity or warranty of defects of the thing sold by sending his claim to ELIQUIDEDISCOUNT at the address mentioned above.
When acting as a legal guarantee of conformity, the Client:
- has a period of two years from delivery of the property to act;
- may choose between the repair or replacement of the goods, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
- is exempted from reporting the proof of the existence of the lack of conformity of the good during the 6 months following the delivery of the good. This period is extended to 24 months from March 18, 2016, except for second-hand goods.
The legal guarantee of conformity applies regardless of the commercial guarantee that may be granted.
The Customer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and in this case, he may choose between the resolution of the sale or a reduction of the selling price in accordance with Article 1644 of the Civil Code.
6.2 Additional details
Under the legal guarantee of conformity mentioned above, ELIQUIDEDISCOUNT must deliver products in conformity with the contracts and answers for the defects of conformity existing at the time of their delivery.
As such, it is specified that the products marketed by ELIQUIDEDISCOUNT, especially batteries, have a limited life which depends essentially on the conditions of use of the products by the Customers (frequency of use, shocks, lack of maintenance exposure to extreme temperatures, contact with water, etc.).
The life of almost all products marketed by ELIQUIDEDISCOUNT is shorter than the 24-month period corresponding to the duration of the legal guarantee of conformity.
Also, the presumption of existence at the time of the delivery of the products, defects of conformity appearing in the 24 months following the delivery, is practically never compatible with the specific nature of these products.
Consequently, in accordance with Article L. 217-7 of the Consumer Code, ELIQUIDEDISCOUNT will be able to combat this presumption.
Article 7: RETURNS AND RESPONSIBILITIES
Except in the case referred to in Article 6, it is the Customer's responsibility to provide any justification as to the reality of the defects or anomalies noted. It must leave ELIQUIDEDISCOUNT any facility to proceed to the observation of these defects or anomalies.
Subject to the exercise of any right of retraction, any product return must be the subject of an express agreement of ELIQUIDEDISCOUNT. The products must be returned in perfect condition and in their original packaging with any accessories (including the instructions).
The return will result, as the case may be, in a replacement of the products or a refund of the Customer, after qualitative and quantitative verification of the returned products. The costs and risks of sending and returning will be charged to the Customer if the non-compliance is not proven.
When the liability of ELIQUIDEDISCOUNT is incurred as a result of a fault on its part, the repair applies only to the direct, personal and certain damages that the Customer has suffered.
In any case, ELIQUIDEDISCOUNT declines any responsibility, in particular as regards the choice of the products by the Customer or because of the damages resulting from the modifications which would have been brought to the products or resulting from a failure with the recommendations of use of the products.
In addition, it is recalled that ELIQUIDEDISCOUNT is not a producer, within the meaning of articles 1245 and following of the Civil Code, of the products marketed via the Site. Consequently, it can not be held liable for damage to property and / or persons due to a defective products within the meaning of the aforementioned articles. The Customer wishing to obtain compensation for such damages must therefore seek the responsibility of the supplier concerned.
ELIQUIDEDISCOUNT can not be held responsible for damages, temporary or permanent, caused to the Customer's computer system or any loss or damage that would be suffered in particular following access to or browsing the Site. Data transmission via the Internet may lead to errors and / or the fact that the Site is not always available. Therefore, ELIQUIDEDISCOUNT can not be held responsible for the availability and interruption of the online service.
Our commercial guarantees apply for a definite period, from the date of purchase and are not renewable.
the models working with an integrated battery (kit, tube, box ...) are guaranteed 3 months;
the models working with one or more batteries (kit, tube, box ...) are guaranteed 6 months;
Clearomizers are guaranteed 1 month;
rebuildable atomizers are guaranteed for 2 months;
Chargers and all other accessories are guaranteed 1 month.
Open eliquides are not returned or exchanged.
Defective products can only be returned with the serial number on the packaging box.
Any item purchased via a voucher or coupon can only be refunded in the same form.
Special return conditions: defective products Pipeline, Dotmod, Titanide and Lostvape are taken care of directly by the manufacturer; the defective products Surric, Yihi, Chalet-MFG and 3D Make Art are likely to be sent by ELIQUIDEDISCOUNT for repair at the manufacturer (the duration of care may vary from 2 to 6 weeks).
Article 8: FORCE MAJEURE
In the event of the occurrence of a case of force majeure preventing the fulfillment of its obligations by ELIQUIDEDISCOUNT, the contract would be immediately suspended, as from the notification of a given party by any means. In the same way, the party concerned will inform the other party of the cessation of this event and the execution of the contract will then resume immediately on the date of this notification. Force majeure means any event that makes it impossible or obviously more difficult to perform an obligation because of the unforeseeable or irresistible or external nature of the event, these three criteria being alternative, such as wars, riots, fires , floods, total or partial strikes, road or other roadway paralysis,
If such an event were to continue beyond fifteen (15) days after the date of notification, the contract will be considered automatically terminated. The amounts collected by ELIQUIDEDISCOUNT before this date will then be reimbursed to the Client.
Article 9: OBLIGATIONS OF THE CUSTOMER
The Customer undertakes to communicate to ELIQUIDEDISCOUNT all the elements necessary for the proper execution of orders. In this respect, the Customer remains responsible for the content and accuracy of the information he sends to ELIQUIDEDISCOUNT and in particular those relating to his majority.
The use of the products will be carried out under the sole responsibility of the Customer. In these conditions, the Customer is required to ensure the maintenance of the product in good condition, to use it in accordance with its intended purpose, in particular respecting the prescriptions given by ELIQUIDEDISCOUNT or the suppliers.
Article 10: OPTION OF WITHDRAWAL
In application of Article L. 211-18 of the Consumer Code, the Customer has a withdrawal period of fourteen (14) clear days from the date of receipt of the products ordered.
In the case of an order for several goods delivered separately or in the case of an order for a good consisting of lots or multiple parts whose delivery is spread over a defined period, the period runs from the receipt the last good or lot or the last piece.
However, pursuant to Article L. 211-28 of the Consumer Code:
"The right of withdrawal can not be exercised for contracts:
3 ° Supply of goods made to the specifications of the consumer or clearly personalized;
4 ° Supply of goods likely to deteriorate or expire rapidly;
5 ° Supply of goods which have been unsealed by the consumer after delivery and which can not be returned for reasons of hygiene or health protection;
6 ° supply of goods which, after being delivered and by their nature, are mixed inseparably with other articles; "
To exercise his right of withdrawal, the Customer must, within the time specified above, send to ELIQUIDEDISCOUNT, a registered letter with acknowledgment of receipt stating its desire to use this right or return the standard form of exercise of the right to cancel. withdrawal (in Appendix 1 of these conditions) to the address mentioned herein. He must also return a copy of the invoice corresponding to the returned products.
The Customer must return the products, at its exclusive expense, to the address mentioned herein, within fourteen (14) days of the communication of its decision to retract, in their original packaging, unused and in perfect condition. state, without any trace or mark, with the labels, all the accessories and the gifts possibly offered.
It is in this respect reminded the Customer that, in accordance with the provisions of Article L. 221-23 of the Consumer Code, he may be held liable in case of depreciation of the products resulting from manipulations other than those necessary to establish the nature , the characteristics and the proper functioning of these products.
As such, ELIQUIDEDISCOUNT will be entitled to apply a discount in case of manipulation of products other than those strictly necessary to establish their nature, their characteristics and their proper functioning.
In case of withdrawal of several products and if the Customer does not return all the products, ELIQUIDEDISCOUNT will deduct from the amount to be refunded, the price of the missing products.
ELIQUIDEDISCOUNT undertakes to reimburse the Customer within fourteen (14) days from the date on which it is informed of the Customer's decision to retract. Nevertheless, ELIQUIDEDISCOUNT is entitled to defer this refund until actual recovery of the goods or until the Customer has provided proof of the shipment of these goods, the date chosen being the date of the first of these facts.
ELIQUIDEDISCOUNT makes this reimbursement using the same payment method used by the Client for the initial transaction, except with the express agreement of the Customer to use another means of payment and to the extent that the reimbursement does not incur costs. to the customer.
Article 11: RESERVATION OF PROPERTY
The products sold by ELIQUIDEDISCOUNT to its Customers remain its property until full payment of the price in principal, costs, interests and accessories by the Customer. However, the risks are transferred upon receipt of the products by the Customer.
In case of default of payment, ELIQUIDEDISCOUNT, without losing any other of its rights, may require by registered letter with acknowledgment of receipt the return of products at the expense and risk of the Customer. The Client will also bear any legal and judicial costs.
Article 12: PERSONAL DATA
Article 13: OPPOSITION TO TELEPHONE RECEIVING
The Customer who communicates his telephone number to ELIQUIDEDISCOUNT via the Site when placing his order online, is informed that he can register on a list of opposition to canvassing telephone (Bloctel list). It is nevertheless specified that this inscription does not prohibit ELIQUIDEDISCOUNT to contact the Customer by telephone for the strict needs of the execution of this contract.
Article 14: APPLICABLE LAW
The Parties agree that these conditions and their consequences are subject to French law. The language of these presents and the relations between the Parties is French.
However, in the case of deliveries outside France, the Customer is informed that French law applies subject to the mandatory provisions of the law of the country in which he has his habitual residence.
Article 15: SETTLEMENT OF DISPUTES
The Client declares having been previously informed by ELIQUIDEDISCOUNT, of the possibility of resorting, in case of dispute, to a conventional mediation procedure or to any other alternative method of dispute resolution.
The Customer may submit any dispute against our company to a consumer mediator. Pending his appointment, ELIQUIDEDISCOUNT returns to the following link: http://www.economie.gouv.fr/mediation-conso/des-mediateurs-pour-chaque-litige.
Before entering the mediator, the Customer undertakes to send his claim to ELIQUIDEDISCOUNT to the address indicated in Article 1 of these terms and conditions.
If the consumer dispute mediation procedure fails, or if the consumer Client does not wish to use this procedure, the parties will be free to bring the dispute before the competent courts.
In addition, ELIQUIDEDISCOUNT informs the Customer of the existence of the platform for online dispute resolution set up by the European Commission and the possibility of using it in case of dispute with ELIQUIDEDISCOUNT in connection with this contract.
This platform is accessible via the following link: https://webgate.ec.europa.eu/odr/
Article 16: MANDATORY INFORMATION FOR CONSUMER CUSTOMERS
In application of Article L. 211-15 of the Consumer Code, Articles L. 211-4, L. 211-5 and L. 211-12 of the Consumer Code are reproduced below, as well as the Article 1641 and the first paragraph of Article 1648 of the Civil Code, provisions which the Customer expressly acknowledges having read prior to his order.
Article L. 211-4 of the Consumer Code
The seller is required to deliver a good in accordance with the contract and is liable for any lack of conformity existing at the time of delivery.
It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it has been charged to it by the contract or has been carried out under its responsibility.
Article L. 211-5 of the Consumer Code
To be in conformity with the contract, the property must:
1 ° Be fit for the usually expected use of a similar good and, where appropriate:
- correspond to the description given by the seller and possess the qualities that he has presented to the buyer in the form of a sample or a model;
- present the qualities that a buyer may legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2 ° Or have the characteristics defined by mutual agreement by the parties or be fit for any special purpose sought by the buyer, made known to the seller and that the latter has accepted.
Article L. 211-12 of the Consumer Code
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L. 217-12 of the Consumer Code
When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or the repair of a movable property, a restoration covered by the guarantee, any period of immobilization d at least seven days is added to the duration of the warranty that remained to run.
This short period from the request for intervention of the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention
Article 1641 of the Civil Code
The seller is bound by the guarantee by reason of the hidden defects of the thing sold which renders it unsuitable for the use for which it is intended, or which diminish the use so much that the buyer would not have acquired it, or would have given a lower price, had he known them.
Article 1648 of the Civil Code paragraph 1
The action resulting from the latent defects must be brought by the purchaser within two years from the discovery of the defect.
APPENDIX 1: RETRACTATION FORM
Please complete and return this form only if you wish to withdraw from the contract.
To the attention of :
33 street gabriel perished 13340 rognac
I hereby notify you of my withdrawal from the contract for the sale of the property below:
Ordered on (*) / received on (*) ........................................................................
Name of the consumer (s): ........................................................................
Address of the consumer (s): ........................................................................
Signature of the consumer (s) (only in case of notification of this form on paper):
(*) : Remove the useless phrase. D