| General Conditions of Sale of Products Online to Individual Consumers IMPORTANT Any order placed on the Site necessarily implies the Customer's unreserved acceptance of these General Conditions of Sale. General conditions for the sale of products online to individual consumers Preamble These general conditions of sale apply to all sales concluded on the obd-diag website. The website www.obd-diag.fr is a service of: The company obd-diag située Socy.fr URL address of the site: www.obd-diag.fr e-mail : support@obd-diag.frnuméro de téléphone : Socy.fr The obd-diag website markets the following products: Diagnostic tools, reprogramming tools, automotive diagnostic software. The customer declares to have read and accepted the general conditions of sale prior to placing his order. Validation of the order therefore constitutes acceptance of the general conditions of sale. Article 1 – Principles These general conditions express the entirety of the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation. These general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution channels. and marketing. They are accessible on the obd-diag website and will prevail, where applicable, over any other version or any other contradictory document. The seller and the buyer agree that these general conditions exclusively govern their relationship. The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put online. If a condition of sale were to be missing, it would be considered to be governed by the practices in force in the distance selling sector whose companies have their headquarters in France. These general conditions sales are valid until . Article 2 – Content The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the obd-diag website. These conditions only concern purchases made on the obd-diag website and delivered exclusively in mainland France or Corsica. For any delivery in the French Overseas Territories or abroad, you should send a message to the following email address: contact@obd-diag.fr. These purchases concern the following products: Diagnostic tools, reprogramming tools, automotive diagnostic software. Article 3 – Pre-contractual information The buyer acknowledges having been informed, prior to placing his order and concluding the contract, in a readable and understandable manner, of these general conditions of sale and of all the information listed in article L. 221- 5 of the Consumer Code. The following information is transmitted to the buyer in a clear and understandable manner: - the essential characteristics of the good; - the price of the good and/or the method of calculating the price; - if applicable, all costs additional transport, delivery or postage and all other possible costs payable; - in the absence of immediate execution of the contract, the date or deadline by which the seller undertakes to deliver the good, whatever its price; - information relating to the identity of the seller, his postal, telephone and electronic contact details, and his activities, those relating to legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, existence and terms of implementation of guarantees and other contractual conditions. Article 4 – The order The buyer has the possibility to place his order online, from the online catalog and using the form which appears there, for any product, within the limits of available stocks. The buyer will be informed of any unavailability of the product or of the ordered good. For the order to be validated, the buyer must accept, by clicking in the place indicated, these general conditions. He must also choose the address and the delivery method, and finally validate the payment method. The sale will be considered final: - after sending to the buyer confirmation of acceptance of the order by the seller by email;- and after receipt by the seller of the entire price. Any order constitutes acceptance of the prices and the description of the products available for sale. Any dispute on this point will take place within the framework of a possible exchange and the guarantees mentioned below. In certain cases, notably non-payment, incorrect address or other problem on the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved. For any questions relating to the tracking of an order, the buyer can call the following telephone number: 06 68 31 89 16 (cost of a local call ), on the following days and times: Monday to Friday, from 9 a.m. to 12 p.m., then from 2 p.m. to 4 p.m., or send an email to the seller at the following email address: contact@obd-diag.fr. Article 5 – Electronic signature The online provision of the buyer's bank card number and the final validation of the order will constitute proof of the buyer's agreement: - payment of the sums due under the purchase order; - signature and express acceptance of all the operations carried out. In the event of fraudulent use of the bank card, the buyer is invited, as soon as this use is noted, to contact the seller at the following telephone number: 06 68 31 89 16. Article 6 – Order confirmation The seller provides the buyer with an order confirmation by email. Article 7 – Proof of the transaction Computerized records, kept in the seller's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof. Article 8 – Product information The products governed by these general conditions are those which appear on the seller's website and which are indicated as sold and shipped by the seller. They are offered while stocks last. The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the seller cannot be held responsible. The photographs of the products are not contractual. Article 9 – Price The seller reserves the right to modify its prices at any time but undertakes to apply the prices in force indicated at the time of the order, subject to availability on that date. Prices are indicated in euros. They do not take into account delivery costs, invoiced additionally, and indicated before validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store. If one or more taxes or contributions, particularly environmental, were to be created or modified, either up or down, this change may be reflected in the selling price of the products. Article 10 – Payment method This is an order with payment obligation, which means that placing the order involves payment by the buyer. To pay for his order, the buyer has, at his choice, all the methods available. payment made available by the seller and listed on the seller's website. The buyer guarantees to the seller that he has the authorizations possibly necessary to use the payment method chosen by him, when validating the order form. The seller reserves the right to suspend all order management and delivery in the event of refusal of authorization for payment by credit card from officially accredited organizations or in the event of non-payment. The seller reserves the right in particular to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is being administered. . Payment of the price is made in full on the day of the order, according to the following methods: - bank card - paypal - check - transfer Payment of the price can be made according to a schedule, with an amount and installments spread over a specific period between the seller and the buyer on a case-by-case basis, according to the following terms: - payment card - paypal - check - transfer Payment for your order in 3 or 4 installments free of charge by credit card from €80 of purchases up to €3,000 with Oney Bank: Our partner Oney Bank offers you a financing solution called 3x 4x Oney, which allows you to pay for your purchases from €80 to €3,000 in 3 or 4 installments free of charge with your bank card. Conditions: This offer is reserved for individuals (individuals adults) residing in France and holders of a Visa and MasterCard bank card with a validity date greater than the duration of the chosen financing. Cards with systematic authorization in particular of the Electron, Maestro, Nickel type etc… as well as e-cards, Indigo and American Express cards are not accepted. Subscription terms: After completing your order, simply click on the “payment button in 3x 4x Oney by credit card”. You are then redirected to the 3x 4x Oney internet page. from our partner displaying the detailed summary of your order and the personalized financing request, which you must then validate. You enter your personal information or, if you have a 3x 4x Oney account, you identify yourself using the connection details linked to your 3x 4x Oney account. You are informed of the general conditions of payment in installments to which you wish to subscribe, which are provided to you in PDF format so that you can read, print and save them before accepting them. You then notify your electronic acceptance by the corresponding check box. You acknowledge that the “double click” associated with the check box on reading the general conditions constitutes consent to contract and constitutes an irrevocable and unreserved acceptance of the general conditions of the product. Unless proven otherwise, the data recorded by Oney Bank constitutes proof of all transactions between you and Oney Bank. If you request to benefit from a financing solution offered by Oney Bank, the information relating to your order will be transmitted to Oney Bank, which will use them for the purposes of studying your request for the granting, management and recovery of credit. Oney Bank reserves the right to accept or refuse your financing request in 3x 4x Oney. You have a withdrawal period of 14 days to waive your credit. How it works: Payment in 3 or 4 installments free of charge by credit card allows you to pay for the order placed on our merchant site in the following way: - a deposit mandatory, debited on the day of confirmation of shipment of your order corresponding to a third or a quarter of the order; - two or three monthly payments, each corresponding to a third or a quarter of the order, taken at 30 and 60 days later for 3 times and 30, 60 and 90 days later for 4 times. • Payment in 3 installments from 80€ of purchase and up to 2000€Example: For a purchase of 150€, contribution of 50 € then 2 monthly payments of €50. Credit over 2 months at the fixed APR of 0%. Cost of financing 0€. • Payment in 4 installments from 200€ of purchase and up to 3000€Example: For a purchase of 400€, contribution of 100€ then 3 monthly payments of 100€. Credit over 3 months at the fixed APR of 0%. Cost of financing €0.Oney Bank – SA with capital of €51,286,585 – Head office: 34 avenue de Flandre 59170 CROIX – RCS Lille Métropole 546 380 197 – Orias n°: 07 023 261 – www.orias.fr – Correspondence : CS 60006 – 59 895 Lille Cedex 9 – www.oney.fr Article 11 – Availability of products – Reimbursement – Resolution Except in cases of force majeure or during periods of closure of the online store which will be clearly announced on the home page of the site, shipping times will be, within the limits of available stocks, those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email. For deliveries in mainland France and Corsica, the deadline is 2 days from the day following that on which the buyer placed his order, according to the following methods: by Collissimo,. At the latest, the deadline will be 30 working days after the conclusion of the contract. For deliveries in the French Overseas Territories or another country, the delivery terms will be specified to the buyer on a case-by-case basis. In the event of non- compliance with the agreed delivery date or deadline, the buyer must, before terminating the contract, instruct the seller to perform it within a reasonable additional period. Failing execution at the expiration of this new period , the buyer may freely terminate the contract. The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or by writing on another durable medium. The contract will be considered terminated upon receipt by the seller of the letter or in writing informing him of this resolution, unless the professional has complied in the meantime. The buyer may however immediately terminate the contract, if the dates or deadlines seen above constitute for him an essential condition of the contract. In this case, when the contract is terminated, the seller is required to reimburse the buyer for all sums paid, at the latest within 14 days following the date on which the contract was terminated. In the event of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the possibility to cancel their order. The buyer will then have the choice of requesting either a refund of the sums paid within 14 days of payment at the latest, or an exchange of the product. Article 12 – Delivery terms Delivery means the transfer to the consumer of physical possession or control of the good. The products ordered are delivered according to the terms and deadlines specified above. The products are delivered to the address indicated by the buyer on the order form, the buyer must ensure its accuracy. Any package returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer can, at his request, have an invoice sent to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form. If the buyer is absent on the day of delivery, the delivery person will leave a notice in the mailbox, which will allow the package to be collected at the place and time indicated. If at the time of delivery, the original packaging is damaged, torn, opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery slip (package refused because open or damaged). The buyer must indicate on the delivery note and in the form of handwritten reservations accompanied of his signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.). This verification is considered to have been carried out once the buyer, or a person authorized by him, has signed the delivery note. The buyer must then confirm these reservations to the carrier by registered mail at the latest within two working days following receipt of the item(s) and send a copy of this letter by fax or simple mail to the seller at address indicated in the legal notices of the site. If the products need to be returned to the seller, they must be the subject of a return request to the seller within 14 days following delivery. Any complaint made outside this deadline cannot be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions, etc.). Article 13 – Delivery errors L’acheteur devra formuler auprès du vendeur le jour même de la livraison ou au plus tard le premier jour ouvré suivant la livraison, toute réclamation d’erreur de livraison et/ou de non-conformité des produits en nature ou en qualité par rapport aux indications figurant sur le bon de commande. Toute réclamation formulée au-delà de ce délai sera rejetée.La réclamation pourra être faite, au choix de l’acheteur :- par téléphone au numéro suivant : 06 68 31 89 16 ;- par e-mail à l’adresse suivante : contact@obd-diag.fr.Toute réclamation non effectuée dans les règles définies ci-dessus et dans les délais impartis ne pourra être prise en compte et dégagera le vendeur de toute responsabilité vis-à-vis de l’acheteur.À réception de la réclamation, le vendeur attribuera un numéro d’échange du ou des produit(s) concerné(s) et le communiquera par e-mail à l’acheteur. L’échange d’un produit ne peut avoir lieu qu’après l’attribution du numéro d’échange.En cas d’erreur de livraison ou d’échange, tout produit à échanger ou à rembourser devra être retourné au vendeur dans son ensemble et dans son emballage d’origine, en Colissimo Recommandé, à l’adresse suivante : Socy.fr .Les frais de retour sont à la charge du vendeur. Article 14 – Product guarantee 14-1 Legal guarantee of conformityThe seller guarantees the conformity of the good sold with the contract, allowing the buyer to make a request under the legal guarantee of conformity provided for in articles L. 217-3 et seq. of the Consumer Code. In the event of implementation of the legal guarantee of conformity, it is recalled that: - the buyer benefits from a period of 2 years from delivery of the goods to act; - the buyer can choose between repair or replacement of the goods , subject to the cost conditions provided for in Article L. 217-17 of the Consumer Code; - the buyer does not have to provide proof of non-conformity of the goods during the 24 months in the case of goods new (12 months in the case of second-hand goods), following delivery of the goods. 14-2 Legal guarantee against hidden defectsIn accordance with articles 1641 et seq. of the civil code, the seller is responsible for hidden defects that may affect the property sold. It will be up to the buyer to prove that the defects existed at the time of sale of the property and are likely to make the property unfit for the use for which it is intended. This guarantee must be implemented within two years from the discovery of the defect. The buyer can choose between canceling the sale or reducing the price in accordance with article 1644 of the civil code. Article 15 – Right of withdrawal Application of the right of withdrawalIn accordance with the provisions of the Consumer Code, the buyer has a period of 14 days from the date of delivery of their order, to return any item that does not suit them and request an exchange or replacement. refund without penalty, with the exception of return costs which remain the responsibility of the buyer. Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be remarketed as is. new, accompanied by the purchase invoice. Damaged, soiled or incomplete products are not returned. The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the buyer. Any other method of declaration of withdrawal is accepted. It must be unambiguous and express the desire to withdraw. In the event of exercising the right of withdrawal within the aforementioned period, the price of the product(s) purchased and the delivery costs are reimbursed. refunded.Return costs are the responsibility of the buyer.The exchange (subject to availability) or refund will be made within 2 weeks, and at the latest, within 14 days from receipt, by the seller, of the products returned by the buyer under the conditions provided for above. Exceptions According to article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts: - for the supply of goods whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period; - supply of goods made to the consumer's specifications or clearly personalized; - supply of goods likely to deteriorate or expire quickly; - supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection; - supply of goods which, after being delivered and by their nature, are inseparably mixed with other items; - supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations on the market beyond the control of the professional; - maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency; - supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery; - supply of a newspaper, periodical or magazine, except for subscription contracts for these publications; - supply of digital content not supplied on a material medium including the execution has started after express prior agreement of the consumer and express waiver of his right of withdrawal. Example: Multiecuscan, Alfaobd, VCDS software. Article 16 – Force majeure Any circumstances beyond the control of the parties preventing the execution under normal conditions of their obligations are considered as causes of exemption from the obligations of the parties and result in their suspension. The party which invokes the circumstances referred to above must immediately notify the the other part of their occurrence, as well as their disappearance. Will be considered as force majeure any irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. Expressly, the following are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers. The parties will come together to examine the impact of the event and agree on the conditions under which execution of the contract will be continued. If the force majeure lasts for more than three months, these general conditions may be terminated by the injured party. Article 17 – Intellectual property The content of the website remains the property of the seller, the sole owner of the intellectual property rights on this content. The buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting. Article 18 – Information Technology and Freedoms The personal data provided by the buyer are necessary for the processing of his order and the establishment of invoices. They may be communicated to the seller's partners responsible for the execution, processing, management and payment of orders. The buyer has a permanent right of access, modification, rectification and opposition with regard to information concerning him. This right can be exercised under the conditions and according to the terms defined on the obd-diag site. Article 19 – Partial non-validation If one or more stipulations of these general conditions are held to be invalid or declared such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force. and their scope. Article 20 – Non-waiver The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation. in question. Article 21 – Title In the event of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent. Article 22 – Language of the contract These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will be authentic in the event of a dispute. Article 23 – Mediation and dispute resolution The buyer may resort to conventional mediation, in particular to the Consumer Mediation Commission or to existing sectoral mediation bodies, or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute. In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, obd-diag.fr adheres to the CM2C Mediator Service (consumer mediation center of justice conciliators whose contact details are as follows: 14 Rue Saint Jean – 75017 Paris – https://r.net/. After prior written action by consumers vis-à-vis www.obd-diag.fr, the Mediator's Service may be contacted for any consumer dispute whose settlement would not have been not successful. To find out how to contact the Mediator, click on the following link: https://cm2c.net/comment-nous-saisir/ In accordance with Article 14 of Regulation (EU) No. 524/2013, the The European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/. Article 24 – Applicable law These general conditions are subject to the application of French law. The competent court is the judicial court. This is the case for the substantive rules as well as the formal rules. In the event of a dispute or complaint, the buyer will contact the seller as a priority to obtain an amicable solution. Article 25 – Protection of personal data Data collected The personal data collected on this site are as follows: - account opening : when creating the user account, their name; first name ; email address ; Phone Number ; address ; – connection: when the user connects to the website, the latter records, in particular, their first and last name, connection data, usage data, location data and payment data; - profile : the use of the services provided on the website allows you to complete a profile, which may include an address and a telephone number;- payment : as part of the payment for the products and services offered on the website, it records financial data relating to the user's bank account or credit card; - communication : when the website is used to communicate with other members, data concerning the user's communications are subject to temporary retention; - Cookies : Cookies are used as part of the use of the site. The user has the option to deactivate cookies from their browser settings. Use of personal data The purpose of the personal data collected from users is to provide the website's services, their improvement and the maintenance of a secure environment. More precisely, the uses are as follows: - access and use of the website by the user; - management of the operation and optimization of the website; - organization of the conditions of use of the Payment Services; - verification, identification and authentication of data transmitted by the user; - offering the user the possibility of communicating with other users of the website; - implementation of user assistance; - personalization of services by displaying advertisements according to the user's browsing history, according to their preferences; - prevention and detection of fraud, malware (malicious software) and management of security incidents; - management of possible disputes with users; - sending of commercial information and advertising, based on user preferences. Sharing personal data with third parties Personal data may be shared with third party companies, in the following cases: - when the user uses payment services, for the implementation of these services, the website is in contact with third party banking and financial companies with which it has entered into contracts; - when the user publishes, in the free comment areas of the website, information accessible to the public; - when the user authorizes the website of a third party to access his data; - when the website uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to user data, as part of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data. personal; - if required by law, the website may transmit data to respond to claims made against the website and to comply with administrative and judicial procedures; - if the website is involved in a merger operation , acquisition, transfer of assets or receivership procedure, it may be required to transfer or share all or part of its assets, including personal data. In this case, users would be informed, before personal data is transferred to a third party. Security and Privacy The website implements organizational, technical, software and physical measures in terms of digital security to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the Internet. Implementation of user rights In application of the regulations applicable to personal data, users have the following rights, which they can exercise by making their request to the following address: contact@obd-diag.fr.the right of access: they can exercise their right of access, to know the personal data concerning them. In this case, before implementing this right, the website may request proof of the user's identity in order to verify its accuracy. the right of rectification: if the personal data held by the website is inaccurate, they can request the information to be updated. the right of deletion of data: users can request the deletion of their personal data, in accordance with to applicable data protection laws. the right to limitation of processing: users can ask the website to limit the processing of personal data in accordance with the hypotheses provided for by the GDPR. the right to object to data processing: users can object to their data being processed in accordance with the assumptions provided for by the GDPR. the right to portability: they can request that the website give them the personal data provided to them to transmit them to a new website. Evolution of this clause The website reserves the right to make any changes to this clause relating to the protection of personal data at any time. If a modification is made to this personal data protection clause, the website undertakes to publish the new version on its site. The website will also inform users of the modification by email, within a minimum period of 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he has the possibility of deleting his account. Annex : Withdrawal form (to be completed by the consumer, and sent by registered letter with acknowledgment of receipt, within a maximum period of 14 days following the date of conclusion of the service contract) Withdrawal form Attention: obd-diag située à : Socy.fr n° de téléphone : Socy.fr email address: contact@obd-diag.fr I hereby notify you of my withdrawal from the contract relating to…………………, ordered on: ……… First and last name of the consumer: ……………..Consumer address: …………….. Date : ……………… Consumer signature Annex : Consumer Code Article L. 217-4 : “The seller delivers goods in conformity with the contract and is responsible for any lack of conformity existing at the time of delivery. He is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or was carried out under his responsibility.” Article L. 217-5 : “The good complies with the contract: 1° If it is suitable for the use usually expected of a similar good and, where applicable: - if it corresponds to the description given by the seller and has the qualities that this has been presented to the buyer in the form of a sample or model; - if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, particularly in advertising or labeling; 2° Or if it presents the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and the latter has accepted." Article L. 217-6 : “The seller is not bound by the public declarations of the producer or his representative if it is established that he did not know them and was not legitimately in a position to know them”. Article L. 217-7 : “Defects of conformity which appear within a period of twenty-four months from delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six month.The seller may combat this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.” Article L. 217-8 : “The buyer has the right to demand that the goods conform to the contract. He cannot, however, contest conformity by invoking a defect that he knew or could not have ignored when he contracted. The same applies when the defect has its origin in the materials he himself supplied.” Article L. 217-9 : “In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice results in a cost that is manifestly disproportionate with regard to the other method, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer.” Article L. 217-10 : “If repair and replacement of the goods are impossible, the buyer can return the goods and have the price refunded or keep the goods and have part of the price refunded. The same option is open to him: 1° If the solution requested, proposed or agreed pursuant to article L. 217-9 cannot be implemented within one month following the buyer's complaint; 2° Or if this solution cannot be done without major inconvenience for him taking into account the nature of the property and the use he is seeking. However, the sale cannot be canceled if the lack of conformity is minor.” Article L. 217-11 : The application of the provisions of articles L. 217-9 and L. 217-10 takes place without any cost for the buyer. These same provisions do not prevent the award of damages. Article L. 217-12 : “The action resulting from the lack of conformity is prescribed two years from the delivery of the goods.” Article L. 217-13 : “the provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature which he is recognized by law.” Article L. 217-14 : “The recourse action can be exercised by the final seller against the successive sellers or intermediaries and the producer of the tangible movable property, according to the principles of the civil code. Article L. 217-15 : “The commercial guarantee means any contractual commitment of a professional towards the consumer with a view to reimbursement of the purchase price, replacement or repair of the good or the provision of any other service in relation with the property, in addition to its legal obligations aimed at guaranteeing the conformity of the property. The commercial guarantee is the subject of a written contract, a copy of which is given to the buyer. The contract specifies the content of the guarantee, the terms of its implementation, its price, its duration, its territorial extent as well as the name and address of the guarantor. In addition, it clearly and precisely mentions that, independently of the commercial guarantee, the seller remains bound by the legal guarantee of conformity mentioned in articles L. 217-4 to L. 217-12 and that relating to defects in the thing sold, under the conditions provided for in articles 1641 to 1648 and 2232 of the civil code. The provisions of articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 as well as article 1641 and the first paragraph of article 1648 of the civil code are reproduced in full in the CONTRACT. In the event of non-compliance with these provisions, the warranty remains valid. The buyer is entitled to take advantage of this.” Article L. 217-16 : “When the buyer requests from the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the request for intervention by the buyer or the provision for repair of the good in question, if this provision is subsequent to the request for intervention.” Civil Code Section 1641 : “The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would have given only a lower price if he had known about them.” Article 1648 : “The action resulting from redhibitory defects must be brought by the purchaser, within two years from the discovery of the defect. In the case provided for by article 1642-1, the action must be brought, under penalty of foreclosure, within the year following the date on which the seller can be released from the apparent defects or lack of conformity. |
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