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GENERAL TERMS AND CONDITIONS OF ONLINE SALES

 

ARTICLE 1 - SCOPE OF APPLICATION AND PRE-CONTRACTUAL INFORMATION

 

1.1.           These general terms and conditions of sale (hereinafter the “General Terms and Conditions”) apply exclusively to the sale of ready-to-wear clothing and other textiles (hereinafter the “Products”), concluded between the company named TRENTE (hereinafter “TRENTE”) and the consumers (hereinafter the “Customer(s)”), from the website www.trente.fr, to the exclusion of professional customers.

 

Without the formal written agreement of TRENTE, no special condition can take precedence over these General Terms and Conditions, in such a way that any contradictory conditions set down by the Customer will not, unless expressly accepted by TRENTE, be enforceable against it.

 

TRENTE reserves the right to amend these General Terms and Conditions at any moment. The amendments will only be applicable to orders placed after the online publication of the amended General Terms and Conditions.

 

1.2.           These General Terms and Conditions can be freely consulted on the Website of TRENTE: www.trente.fr.

 

They are also sent to the Customer for acceptance during the online Product order process. Any Product order consequently implies acceptance without reserve of these General Terms and Conditions.

 

The Customer expressly acknowledges having been sent, prior to the order of the Products and their sale, in a legible and understandable manner, these General Terms and Conditions and all of the information listed in article L.221-5 of the French Consumer Code and in particular the following information:

 

-        Information relative to the company identity and full contact details of TRENTE;

 

-        The main features of the Products for sale;

 

-        The price of the services and terms of payment;

 

-         The delivery methods and complaint handling procedure;

 

-        The methods of enforcing the legal guarantees linked to the Products;

 

-        The terms and methods of enforcing the right of withdrawal.

 

1.3.           The original French version of these General Terms and Conditions alone prevails over any other version translated into a foreign language, including this English version.

 

If any stipulation whatsoever of these General Terms and Conditions is declared null and void on any legal grounds whatsoever by a Court or any other administrative body or authority, such a decision will not under any circumstances affect the validity of the other stipulations.

 

Failure to exercise, at any moment whatsoever, a prerogative or a right acknowledged herein, or failure to demand that any stipulations herein whatsoever be enforced, may not under any circumstances be interpreted either as the amendment of the contract, or as an express or tacit waiver of the right to exercise said prerogative in the future, or as the right to demand the diligent performance of the commitments made herein.

 

ARTICLE 2 - TRENTE COMPANY IDENTITY AND CONTACT DETAILS

 

The online sale of the Products via the Website www.trente.fr is proposed and managed by TRENTE.

 

Any request, complaint or payment concerning the Products sold online must be sent by the Customer directly to TRENTE, all the information and details of which are given below:

 

Company identity:

TRENTE, a French simplified join-stock company with one, with a share capital of 30,000 euros, represented by its President, Ms Anne-Laure LOUIS.

 

Siret / VAT No.:

SIRET No. 821 612 272 00012

 

Intracommunity VAT No. FR 92 821612272

 

Address:

 

 

TRENTE

59, Allées Jean Jaurès

31015 Toulouse Cedex 6 (FRANCE)

 

Website:

www.trente.fr

 

Telephone:

[__to be completed__]

 

Email (general):

 

contact@trente.fr

 

Email (customer services):

 

sav@trente.fr

 

ARTICLE 3 - PRODUCTS

 

3.1.           The Products sold by TRENTE are protected by:

 

-        The European Union Trademark

 

No. 15684426;

-        Several domain names reserved under the name “trente”;

 

-        A set of intellectual and industrial property rights within the meaning of the French Intellectual Property Code and international agreements;

 

-        A patent application, know-how and manufacturing secrets;

 

hereinafter collectively referred to as the “Intellectual Property Rights”.

 

3.2.           The Products sold by TRENTE are the subject of a precise description concerning their features and qualities on the Website: www.trente.fr.

 

Although TRENTE does everything in its power to ensure that the photographs on its Website are faithful and current reproductions of its Products, the Customer is expressly informed that said photographs, illustrations and indications of the textilecomposition and/or colours are given by way of illustration only and cannot consequently constitute a contractual agreement, or any form of guarantee on behalf of TRENTE, as regards the complete similarity between the Products ordered by the Customer and the photographs, illustrations and indications of the textile composition and/or colours appearing on the Website.

 

In particular, the Customer is expressly informed that variations in colour can arise further to the IT system and hardware used by the Customer.

 

3.3.           Likewise, the indications and information concerning more specifically the slimming, body-shaping and/or sculpting nature of the Products are given by way of illustration or information only and cannot therefore constitute a contractual agreement, nor any guarantee whatsoever on the part of TRENTE as to the effectiveness, the visual results and/or effects obtained or likely to be obtained and/or expected by the Customers due to the fact of wearing the clothes.

 

In particular, the Customer is expressly informed that such effects and results depend principally on the morphology and build of each person, as well as the duration and periodicity for which the clothes are worn.

 

In any event, the Products sold by TRENTE are exempt from any link and/or connotation with any medical and/or health aspect, prescription or property.

 

3.4.           Should the Customer have any additional questions and/or require precisions concerning the Products, he is invited to contact TRENTE using one of the contact methods given above in article 2.  

 

ARTICLE 4 - ORDERS – FORMATION OF THE SALES CONTRACT

 

4.1.           It is expressly stated that the Customer can acquaint himself with the Products sold by TRENTE on the Website www.trente.fr.

 

4.2.           For any Product order from the Website of TRENTE, the Customer must follow the following steps, the order of which can vary depending on the updates and technical constraints of the Website:

 

  1.                  Enter the Website address and follow the instructions of said site. To place a Product order, the Customer can:

 

-          Create a customer account, which will also enable him to subsequently receive newsletters, sales and promotional offers from TRENTE;

or

-          Order the Products as a “guest”, without creating a customer account.

 

  1.                Fill in, according to the indications provided online, the order form made available and on which he must indicate, under his own responsibility, the information required to identify him, in particular his surname, first names, postal address, email address and delivery address.

 

The Customer is fully responsible for the accuracy and comprehensiveness of the information entered and recorded on the Website, in such a way that TRENTE shall not be liable for any delivery delay or mistake linked to any lack of information or errors in the information entered.

 

  1.                Check the order items and, where necessary, identify and correct any errors or omissions.

 

  1.               Confirm the order and the total price including all taxes (TTC), as well as the handling and delivery charges stated at the time of the order.

 

  1.                Follow the instructions of the online payment gateway to pay the price including all taxes (TTC) and all charges.

 

  1.               The Customer then immediately receives by email a confirmation of acceptance of payment for the order.

 

If it is not possible to debit the price including all taxes in addition to the handling and delivery charges, the online sale will be terminated immediately as of right and the order will be cancelled, without the Customer having the possibility of claiming any compensation for this reason.

 

4.3.           The Customer shall definitively validate his order, in light of a summary displayed on the screen, by clicking on the “confirm the payment” thumbnail to show his agreement, knowledge and acceptance of these General Terms and Conditions and the purchase made.

 

At the end of the order process, it is recommended that the Customer download, save and/or print the General Terms and Conditions, as well as the information relative to the order placed.

 

As of its validation, the order will be submitted to TRENTE for processing and cannot be cancelled or modified by the Customer subject to the clauses relative to the right of withdrawal referred to in article 8 hereinafter.

 

4.4.           An Order Confirmation email summarising the details of the order placed accompanied by these General Terms and Conditions or a link to these General Terms and Conditions will be sent to the Customer at the email address given in the purchase form and archived by TRENTE.

 

ARTICLE 5 - PRODUCT AVAILABILITY

 

The Products offered and the prices proposed by TRENTE are valid while they are accessible on the Website www.trente.fr and only while stocks last. As such, TRENTE does everything in its power to ensure that the Products sold on its Website are available.

 

Nevertheless, should the Product(s) ordered not be available in this particular instance, the Customer will be informed thereof by email, telephone or letter as soon as possible after receipt and validation of the order.

 

The Customer then has the choice of requesting by the same communication methods either (i) cancellation of the order and reimbursement of the price paid, or (ii) delivery of an equivalent or similar Product in return for the price that he has paid, increased where applicable by a supplement price depending on the replacement Product chosen, to the exclusion of any other claim or compensation whatsoever.

 

The reimbursement of the price paid or the delivery of the equivalent or similar Product will take place as soon as possible and at the latest within fourteen (14) working days after the Customer has communicated their choice.

 

If the Product is replaced, any eventual difference between the price initially paid by the Customer and the price of the replacement Product will give rise to either (i) a reimbursement to the Customer when this difference is in his favour, (ii) payment of a supplement by the Customer.

 

ARTICLE 6 - PRICE AND TERMS OF PAYMENT

 

6.1.           PRICE

 

The prices of the Products are given on the Website of TRENTE as well as in the Order Confirmation sent.

 

The prices of the Products are given in euros (€) and are understood to include all taxes (TTC), taking into account the VAT rate applicable on the day the order is placed.

 

The handling and delivery charges are payable by the Customer and are expressly indicated before validation of the order in line with the delivery options chosen by the Customer.

 

For any sale made outside Metropolitan France, the Customer alone assumes responsibility for payment of all import taxes and duties that may apply.

 

TRENTE reserves the right to change its prices at any moment, being specified that Product orders will be invoiced based on the rates in force at the moment each order is registered, as they are displayed on the Website www.trente.fr.

 

6.2.           TERMS OF PAYMENT

 

6.2.1.      The Product price including all taxes (TTC) in addition to handling and delivery charges is payable in euros (€) and must be paid in full on the date the order is placed online.

 

As such, it is expressly stated that if it is not possible to debit the price including all taxes (TTC) in addition to handling and delivery charges at the moment the order is placed, the online sale will be immediately annulled as of right and the order cancelled, without the Customer being able to claim any compensation for this reason.

 

“Payment” under the terms of this article means the effective provision to TRENTE’s bank account of the funds corresponding to the price including all taxes and all charges.

 

6.2.2.      Payments are made by bank card via the secure payment system of the Customer’s bank and/or via the online secure payment system “PAYPAL”.

 

The Customer is informed that additional charges may apply to transactions made via the online payment system “PAYPAL”.

 

Furthermore, the Website of TRENTE uses the “3D SECURE” system which makes it possible to increase the security of the Customer’s purchase by means of a verification code sent to his mobile phone and which must be entered by the Customer to continue and validate his purchase on the Website.

 

The price of the Products ordered including all taxes (TTC) and all charges is debited from the Customer’s bank card after verification of the data of the latter, upon receipt of the debit authorisation on behalf of the company that issued the bank card used by the Customer.

 

In accordance with the French legal provisions, the commitment to pay given by the means of a bank card is irrevocable.

 

By providing the information relative to its bank card, the Customer authorises TRENTE or its supplier to debit the amount corresponding to the price for the Products ordered including all taxes (TTC) and all charges from its bank card.

 

To this end, the Customer confirms that he is the holder of the bank card to be debited and that the name on the bank card is effectively her/her own name.

 

The Customer provides the numbers, the expiry date and all the necessary information of his bank card as well as the visual cryptogram numbers where necessary.

 

ARTICLE 7 - PRODUCT DELIVERY

 

7.1.           DELIVERY METHODS

 

7.1.1.      Products ordered and paid for in full are delivered by TRENTE to the postal delivery address (which may be different from the billing address) expressly given by the Customer when the order is placed.

 

As such, it is stated that the data are entered and recorded under the Customer’s responsibility only, in such a way that TRENTE cannot be held responsible in the event of a delivery delay or mistake linked to a lack of information or errors in the information entered.

 

Deliveries are made directly by post.

 

The transfer of risks as regards the Products takes place as of their receipt by the Customer.

 

7.1.2.      Various Product delivery and dispatch options will be offered to the Customer during the order process.

 

The delivery options, their availability and the delivery providers concerned depend on the countries and addresses of delivery given by the Customer during the order process.

 

In any event, the available delivery options, as well as the precise terms and costs associated with the various options, are summarised and indicated to the Customer during the order process and before validation of the order.

 

7.2.           DELIVERY TIMES

 

7.2.1.      The delivery times are determined by TRENTE depending on stock availability, the type of order, the time taken to prepare and dispatch the order, as well as the time of year.

 

Taking into account these parameters, the delivery times are indicated and confirmed during the Product order process.

 

TRENTE may need to divide an order into several shipments depending on Product availability. In this case, TRENTE will inform the Customer thereof by email.

 

7.2.2.      Although the delivery times are given by way of illustration, TRENTE does nevertheless undertake to do everything in its power to deliver the Products ordered within the agreed deadline.

 

Except in the event of a force majeure, if the Products are not delivered within the indicative deadlines provided by TRENTE, the Customer may in writing seek the cancellation of the sale under the conditions and according to the terms of articles L.216-2 and L.216-3 of the French Consumer Code.

 

7.2.3.      Any change made to an order accepted by TRENTE will necessarily lead to an extension of the delivery times.

 

Equally, delivery of the Products can only be postponed at the request of the Customer further to the express prior agreement of TRENTE.

 

7.2.4.      The Customer is required to check the state of the packaging as well as the Products upon receipt.

 

It is the Customer’s responsibility to issue any reserves and claims that he considers necessary, as soon as he has found any anomaly whatsoever, in particular a damaged parcel or packaging, or a missing Product. 

 

The Customer must ensure that the Products delivered to him correspond with the order.

 

In the event of a non-conformity of the Products in terms of nature, quantity or quality, the Customer must inform the customer service of TRENTE, the contact details of which are given in article 2 above.

 

ARTICLE 8 - LEGAL RIGHT OF WITHDRAWAL

 

8.1.           CONDITIONS GOVERNING EXERCISE OF THE LEGAL RIGHT OF WITHDRAWAL

 

The Customer has a legal right to cancel any order placed on the Website www.trente.fr without giving a reason in accordance with the provisions of articles L.221-18 to L.221-28 of the French Consumer Code, the provisions of which are given in Appendix 1.

 

The cancellation deadline expires fourteen (14) working days after the day on which the Customer, or a third party other than the carrier and designated by the Customer, takes physical possession of the Product(s).

 

In order to validly and effectively exercise this right of withdrawal, the Customer must, before expiry of the fourteen (14) day deadline mentioned above, inform TRENTE according to the conditions referred to in article 2 of its decision to cancel the order by means of an unambiguous declaration sent by letter, fax or email.

 

Except from the possibility given to the Customer to cancel the order within the deadline and according to the conditions stated in this article, the sale of Products is firm, definitive and irrevocable as of validation of the order by TRENTE.

 

In accordance with the legal provisions of article L.221-28 of the French Consumer Code, the Customer is expressly informed that the legal right of withdrawal provided hereby in article 8 does not apply for:

 

-        Products designed and made according to the Customer’s specifications (“tailor-made products”);

 

-        Products damaged after having been unwrapped and worn by the Customer or Products bearing traces of makeup, as well as Products returned without the label, as all of these Products are unsuitable for resale.

 

8.2.           PRODUCT RETURNS

 

In the event of exercise of the right of withdrawal in accordance with the abovementioned stipulations and the legal provisions, the Customer is required to send back the Products ordered, in their packaging and in perfect condition, to TRENTE or any person designated by the latter, without undue delay and at the latest within fourteen (14) working days following the day of communication of its decision to cancel the order.

 

The Customer bears the direct fees and costs linked to sending back the Products.

 

The Customer may be liable if the Products have been depreciated in value as a result of unusual and excessive handling, other than that required to ascertain and check the nature and features of the Products.

 

8.3.           REIMBURSEMENT

 

If the right of withdrawal is exercised in accordance with the abovementioned stipulations and legal provisions, TRENTE will pay back to the Customer all of the amounts spent, including delivery costs, with the exception of any supplements ensuing from the fact that the Customer chose a delivery method other than the least costly standard delivery method proposed by TRENTE.

 

TRENTE will proceed with the reimbursement of the amounts paid without undue delay and, at the latest, fourteen (14) working days after the day on which it is informed of the Customer’s decision to cancel the order.

 

The Customer is expressly informed that TRENTE reserves the right to delay the reimbursement until (i) receipt of the Products or (ii) until the provision of a proof of shipping of the Products, the date retained being that of the first of these events.

 

TRENTE will proceed with reimbursement of the amounts using the same term of payment as the one used by the Customer for the order, except if the Customer expressly agrees on a different term of payment, it being understood that this reimbursement will not result in any charges for the Customer.

 

In order to fully understand and apply the stipulations of this article, the Customer is in any event invited to refer to the legal provisions given in Appendix 1.

 

ARTICLE 9 - FREE RETURN OF PRODUCTS WITHIN THIRTY (30) DAYS

 

9.1.           The Customer also has the option of returning the Products ordered if he is not entirely satisfied.

 

9.2.           To do so, the Customer must send its returns request by email to the email address of the customer services department of TRENTE: sav@trente.fr within thirty (30) calendar days of receipt of the Products:

 

-        By explaining precisely and clearly the reasons why he is not satisfied with the Products ordered (size, colour, other features, etc.);

and

-        By indicating if he wishes to obtain a reimbursement of the price of the Products or an exchange for identical or equivalent Products.

 

TRENTE undertakes to reply to the Customer, indicating the specific methods for the return of the Products, their reimbursement and/or their replacement within seven (7) calendar days of the notification made by the Customer.

 

In any event, no return can take place for:

 

-        Products designed and made according to the Customer’s specifications (“tailor-made products”);

 

-        Products damaged after having been unwrapped and worn by the Customer or Products bearing traces of makeup, as well as Products returned without the label, as all of these Products are unsuitable for resale.

 

9.3.           The Customer is expressly informed that the legal right of withdrawal referred to in article 8 above and the legal guarantees referred to in article 11 below apply in addition to these clauses relative to the commercial conditions for returns granted by TRENTE.

 

ARTICLE 10 - CONDITIONS OF STORAGE, USE AND CARE

 

The Customer must take every necessary precaution to avoid changing the quality of the Products delivered, and must in particular:

 

-        Keep the Products in a dry, cool and covered area, out of the sun and protected from frost and humidity;

 

-        Comply strictly with any usage indication that may be made about the Products, the labels and in particular the washing instructions for clothes.

 

TRENTE will not be held responsible for any defect caused further to storage, care or use of the Product contrary to the stipulations of this article.

 

ARTICLE 11 - LEGAL GUARANTEES

 

The Products sold by TRENTE comply with the regulatory and legal standards and provisions that are applicable to them.

 

The Products sold and delivered by TRENTE are covered as of right by the 
(i) French legal guarantee of conformity and (ii) the French legal guarantee of hidden defects, in accordance with the provisions of the French Consumer Code and the French Civil Code given in Appendix 2.

 

 

à In the scope of the legal guarantee of conformity, in accordance to the French legal provisions stated in Appendix 2, the Customer is expressly informed that:

 

- he has two (2) years from delivery of the Product to act against TRENTE;

 

- he can choose between the repair or replacement of the Product ordered, subject to the cost conditions provided for by article L.217-9 of the French Consumer Code;

 

- he is exempted from providing proof of the existence of the non-conformity of the Product during the twenty-four months following delivery of the Product;

 

- the legal guarantee of conformity applies independently of the commercial guarantee that may cover the Products.

 

à In the scope of the legal guarantee of hidden defects, in accordance to the French legal provisions given in Appendix 2, the Customer is expressly informed that:

 

- he can decide to implement the guarantee against hidden defects making the Product unfit for its intended use in accordance with article 1641 of the French Civil Code;

 

- he can chose in this case between cancellation of the sale or a reduction of the price in accordance with article 1644 of the French Civil Code.

 

 

In order to assert its rights, the Customer must inform TRENTE by registered letter with acknowledgement of receipt, sent to the address given in article 2 above, of any claim concerning the abovementioned legal guarantees.  

 

ARTICLE 12 - INTELLECTUAL PROPERTY

 

The Customer is expressly informed that all of the Intellectual Property Rights (Trademarks, know-how, manufacturing secrets and other intellectual and/or industrial property rights), as well as any element referring to the design and the sale of the Products ordered, whether or not they can be protected under the meaning of the French Code of Intellectual Property, including the name “TRENTE” and the associated logo, the content, the photographs and illustrations presented on the Website www.trente.fr, belong entirely and exclusively to TRENTE.

 

Consequently, except by prior written agreement of TRENTE, the Customer is forbidden to use, reproduce, send, exploit, amend or infringe on in any way whatsoever and at any moment whatsoever the Intellectual Property Rights and other abovementioned elements belonging to TRENTE.

 

ARTICLE 13 - PERSONAL DATA – PROOF AND ARCHIVING

 

The information and data entered and recorded by the Customer on the Website www.trente.fr are collected and gathered by TRENTE for the processing, preparation and delivery of the Product orders only.

 

These information and data are likely to be collected and recorded in a customer record belonging to TRENTE, having been the subject of a declaration with the CNIL (the French National Agency regulating Data Protection).

 

In accordance with the French “Data Protection Law” of 6 January 1978, the Customer can access, remove and amend his personal data held by TRENTE by contacting it using the contact details referred to in article 2.

 

The collection, storage, processing, use and reuse of the personal data of Customers, in particular to send newsletters and other commercial or promotional offers are the subject of the express acceptance of the Customer during the order process.

 

The archiving of orders and invoices is performed by TRENTE on a reliable and durable medium so a reliable and durable copy can be constituted.

 

These orders and invoices can be produced as proof of the sales of the Products.

 

ARTICLE 14 - APPLICABLE LAW

 

These General Terms and Conditions and the Product sales that result thereof are exclusively governed by the provisions of French law, to the exclusion of the Vienna Convention of 1980 on the International Sale of Goods.

 

ARTICLE 15 - RESOLUTION OF DISPUTES

 

15.1.        COMPETENT COURTS

 

For any dispute relative to the validity, interpretation, performance, non-performance, interruption and/or the cancellation of these General Terms and Conditions and all of the Product sales that they govern, the French courts shall be exclusively competent and shall be determined in accordance with French rules of civil procedure.

 

15.2.        PRIOR COMPLAINT AND POSSIBILITY OF MEDIATION

 

Any complaint must be sent by registered letter with acknowledgement of receipt by the Customer to the customer services department of TRENTE at the address given in article 2 above.

 

If he is not satisfied with the response to the complaint, the Customer is expressly informed that he has the option of submitting its claim to mediation proceedings.

 

The purpose of these mediation proceedings, which do not have to be attempted prior to any trial or other judicial procedure, is simply to try and bring the parties together with the intention of reaching an out-of-court solution.

 

Consequently, it is expressly stated that TRENTE and the Customer remain free to accept or refuse recourse to mediation, as well as, in the event of recourse to mediation, to accept or refuse the solution proposed by the arbitrator.  

APPENDIX 1

 

PROVISIONS RELATING TO THE LEGAL RIGHT OF WITHDRAWAL

 

 

  •   Article L.221-18 of the French Consumer Code

 

The consumer has a period of fourteen days to exercise his right of cancellation of a distance contract, concluded on the telephone or off-premises, with no requirement to give justification for his decisions nor to bear any costs other than those set out in articles L. 221-23 to L. 221-25.

 

The period referred to in the first paragraph commences from the day:

 

1 Of the conclusion of the contract, for service-provision contracts and those referred to in article L.221-4;

 

2 Of receipt of the goods by the consumer or a third-party, other than the transporter, appointed by the consumer, for contracts of sale of goods. For contracts concluded off-site the consumer can exercise his right of cancellation as of conclusion of the contract.

 

For orders comprising several goods, delivered separately or for orders of goods consisting of batches or multiple parts, the delivery of which is staggered over a specified time frame, the period commences from the receipt of the last of the goods or batches or of the last item.

 

For contracts involving the regular delivery of goods over a specified time frame, the period commences from the receipt of the first of the goods.

 

  •   Article L.221-19 of the French Consumer Code

 

Pursuant EEC Regulation 1182/71/ of the Council of 3 June 1971 determining the rules applicable to periods, dates and time limits:

 

  1.  The day on which the contract is concluded or the day of receipt of the goods does not fall within the period referred to in article L. 221-18;

 

  1.  The period commences from the beginning of the first hour of the first day and ends at the end of the last hour of the last day of the period;

 

  1.  If this period ends on a Saturday, Sunday or a public holiday or non-working day, it shall be extended to the following working day.

 

  •   Article L.221-20 of the French Consumer Code

 

If the information concerning the right of cancellation has not been given to the consumer under the conditions set out in section 2 of article L. 221-5, the cancellation period shall be extended by twelve months to be counted from the end of the initial cancellation period, determined in accordance with article L. 221-18.

 

However, if this information is supplied during this extension, the cancellation period shall end at the end of a time frame of fourteen days to be counted from the day that the consumer receives this information.

 

  •   Article L.221-21 of the French Consumer Code

 

In order to exercise his right of cancellation, the consumer must inform the professional of his decision to cancel by sending, before the end of the period set out in article L. 221-18, the cancellation form referred to in section 2 of article L. 221-5 or any other unambiguous statement, expressing his wish to cancel.

 

The professional may also allow the consumer to complete and send the form or statement referred to in the first paragraph online, on its website. In this case, the professional must promptly send acknowledgement of receipt to the consumer on a durable medium.

 

  •   Article L.221-22 of the French Consumer Code

 

The burden of proof of exercising the right of cancellation under the conditions set out in article L. 221-21 falls on the consumer.

 

  •   Article L.221-23 of the French Consumer Code

 

The consumer must return the goods to the professional or to a person named by the latter, without undue delay and within no more than fourteen days of communicating his decision to cancel in accordance with article L. 221-21, unless the professional offers to collect the goods himself.

 

The consumer shall only pay the direct costs for returning the goods, unless the professional agrees to pay for them, or if he has failed to inform the consumer that he is responsible for these costs. However, for contracts concluded off site, if the goods are delivered to the consumer at the time that the contract is concluded, the professional shall take back the goods at their own expense if they are unable to be sent normally via post due to their nature.

 

The consumer may only be held responsible in the event of depreciation of the goods resulting from any changes made other than those necessary to establish the nature, features and correct working of those goods, subject to the professional having informed the consumer of his right of cancellation, in accordance with section 2 of article L.221-5.

 

  •   Article L.221-24 of the French Consumer Code

 

When the right of cancellation is exercised, the professional shall refund the consumer the full amount paid, including delivery fees, without undue delay and within no more than fourteen days of the date that he is informed of the consumer’s decision to cancel.

 

For contracts of sale of goods, unless he offers to collect the goods himself, the professional may delay the refund until he has received the goods or until the consumer has provided proof of shipping of these goods, the date used being that of the first of these events.

 

The professional shall make the refund via the same method of payment as that used by the consumer for the initial transaction, unless the consumer expressly agrees to another method of payment and as long as the refund does not mean that the consumer incurs any fees.

 

The professional does not have to refund any additional fees if the consumer has expressly chosen a more costly delivery method than the standard delivery method offered by the professional.

 

  •   Article L.221-25 of the French Consumer Code

 

If the consumer wants the implementation of service provision of a contract referred to in the first paragraph of article L. 221-4 to commence before the end of the cancellation period referred to in article L. 221-18, the professional shall take receipt of this express request by any method for distance contracts and on paper or in a durable medium for contracts concluded off-site.

 

Any consumer who has exercised his right to cancel a service-provision contract or a contract referred to in the first paragraph of article L. 221-4, the implementation of which has begun, by his express request, before the end of the cancellation period, shall pay the professional a sum corresponding to the service provided up until the communication of his decision to cancel; this sum shall be proportionate to the total price for the service agreed in the contract. If the total price is excessive, the appropriate amount shall be calculated based on the market value of the services or goods supplied.

 

No sum shall be owed by any consumer who has exercised his right to cancel if his express request has not been collected in accordance with the first paragraph or if the professional has not respected the information obligation set out in 4 of article L. 221-5.

 

  •   Article L.221-26 of the French Consumer Code

 

Any consumer who has exercised his right to cancel a contract providing digital content not provided in a hard format shall not owe anything if:

 

  1.  The professional has not obtained his express agreement to implement the contract before the end of the cancellation period as well as the proof of his renouncement of his right of cancellation;

 

2. The contract does not include the indications set out in the second paragraph of articles L. 221-9 and L. 221-13.

 

  •   Article L.221-27 of the French Consumer Code

 

Exercising the right of cancellation ends the parties’ obligation to fulfil the distance contract or the off-site contract, or to conclude it if the consumer has made an offer.

 

Exercising the right of cancellation for a main distance or off-site contract automatically ends any ancillary contract, at no cost to the consumer other than that set out under articles L. 221-23 to L. 221-25.

 

  •   Article L.221-28 of the French Consumer Code

 

The right of cancellation may not be exercised for contracts:

 

1. For the provision of services fully delivered before the end of the cancellation period and the fulfilment of which began with the consumer’s express prior consent and express renunciation of his right of cancellation;

 

2. For the provision of goods or services of which the price depends on fluctuations in the financial market which are beyond the control of the professional and likely to occur during the cancellation period;

 

3. For the supply of goods that are tailor-made for the consumer or that are clearly personalised;

 

4. For the supply of goods that may deteriorate or go out-of-date quickly;

 

5. For the supply of goods that have been unwrapped by the consumer after delivery and which may not be returned for hygiene or health protection reasons;

 

6. For the supply of goods which, after delivery and due to their nature, are mixed in an inseparable way with other items;

 

7. For the supply of alcoholic beverages of which delivery is delayed by more than thirty days and of which the value agreed upon concluding the contract depends on market fluctuations which are beyond the control of the professional;

 

8. For maintenance and repair work to be carried out urgently at the consumer’s home and expressly requested by the consumer, limited to spare parts and work strictly necessary to deal with the emergency;

 

9. For the supply of audio or video recordings or IT software when they have been unpackaged by the consumer after delivery;

 

10. For the supply of any newspaper, periodical or magazine, other than for subscriptions to these publications;

 

11. Concluded at a public auction;

 

12. For the provision of accommodation services, other than residential accommodation, goods transportation services, car rental, restaurants or leisure activities that must be provided on a specified date or during a specified time period;

 

13. For the supply of digital content not supplied in a hard format of which the fulfilment began following the express prior consent of the consumer being given and his express renunciation of his right of cancellation.

 

 

 

APPENDIX 2

 

PROVISIONS RELATIVE TO THE LEGAL GUARANTEE OF CONFORMITY

 

 

  •   Article L.217-4 of the French Consumer Code

 

The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery.

 

He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefore or had it carried out under his responsibility.

 

  •   Article L.217-5 of the French Consumer Code

 

To conform to the contract, the product must:

 

  1.  Be suitable for the purpose usually associated with such a product and, if applicable:

 

- correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;

 

- have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling;

 

  1.  Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.

 

  •   Article L.217-6 of the French Consumer Code

 

The seller is not bound by the public statements of the producer or his representative if it is established that he was unaware of them and could not rightfully be expected to have been aware of them.

 

  •   Article L.217-7 of the French Consumer Code

 

In the absence of proof to the contrary, any lack of conformity appearing within twenty-four months of delivery of the product is presumed to have existed at the time of delivery.

 

For second-hand goods, the timeframe is six months.

 

The seller may refute this presumption if it is incompatible with the nature of the product or the non-conformity invoked.

 

  •   Article L.217-8 of the French Consumer Code

 

The buyer is entitled to demand that the product conform to the contract. He may nevertheless not contest its conformity by invoking a defect that he was aware of, or could not have been unaware of, when he entered into the contract. The same shall apply when the defect originates from materials he has supplied himself.

 

  •   Article L.217-9 of the French Consumer Code

 

In the event of lack of conformity, the buyer shall choose between repair and replacement of the product.

 

The seller may nevertheless elect not to proceed in accordance with the buyer's choice if that choice gives rise to a manifestly disproportionate cost compared with the other option given the value of the product or the seriousness of the defect. He is then required to proceed with the option not chosen by the buyer, unless this proves impossible.

 

  •   Article L.217-10 of the French Consumer Code

 

If neither repair nor replacement of the product is possible, the buyer may return the product and obtain reimbursement of the price or keep the product and obtain reimbursement of a portion of the price.

 

He has the same option:

 

  1.  If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month of the buyer making his claim;
  2.  Or if this solution cannot be implemented without major inconvenience for the buyer given the nature of the product and his intended use.

 

The sale shall not be cancelled, however, if the lack of conformity is minor.

 

  •   Article L.217-11 of the French Consumer Code

 

The provisions of Articles L. 217-9 and L. 217-10 shall be applied at no cost to the buyer.

 

Those same provisions shall not impede the awarding of damages.

 

  •   Article L.217-12 of the French Consumer Code

 

Action resulting from lack of conformity lapses two years after delivery of the product.

 

  •   Article L.217-13 of the French Consumer Code

 

The provisions of the present section do not deprive the buyer of the right to bring an action on account of latent defects as provided for in Articles 1641 to 1649 of the Civil Code or any other action of a contractual or extracontractual nature to which he is entitled under the law.

 

  •   Article L.217-14 of the French Consumer Code

 

An action for indemnity may be brought by the final seller against the successive sellers or intermediaries and the producer of tangible movable property, pursuant to the principles of the Civil Code.

 

PROVISIONS RELATIVE TO THE LEGAL GUARANTEE OF HIDDEN DEFECTS

 

  •   Article 1641 of the French Civil Code

 

The seller is bound to a warranty against hidden defects in the item sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects.

 

  •   Article 1642 of the French Civil Code

 

The seller owes no warranty for apparent defects which the buyer could have discovered on his own.

 

  •   Article 1642-1 of the French Civil Code

 

The seller of an immovable to be built may not be discharged, either before approval of the work or before the expiration of a period of one month after the buyer has taken possession, for defects in the construction or failures in the fitness then apparent.

 

The contract may not be dissolved nor its price diminished if the seller obligates himself to repair the item.

 

  •   Article 1643 of the French Civil Code

 

The seller is liable for hidden defects even if he did not know of them, unless he has stipulated that he would not be bound to any warranty.

 

  •   Article 1644 of the French Civil Code

 

Under Articles 1641 and 1643, the buyer has the choice either to return the item and to have the price returned to him or to keep the item and have a part of the price returned to him, as decided by experts.

 

  •   Article 1645 of the French Civil Code

 

If the seller was aware of the defects in the item, he is bound not only to return the price he received but also all damages the buyer has suffered.

 

  •   Article 1646 of the French Civil Code

 

If the seller did not know of the defects in the item, he is bound only to return the price and to reimburse to the buyer the expenses occasioned by the sale.

 

  •   Article 1646-1 of the French Civil Code

 

The seller of a building to be constructed is responsible, from the date of acceptance of the work, for the obligations for which the architects, contractors and other persons bound towards the owner or general contractor by a contract of hiring of industry and services are themselves liable under Articles 1792, 1792-1, 1792-2 and 1792-3 of this Code.

 

These warranties benefit the successive owners of the building.

 

The buyer may not seek the dissolution of the sale or a diminution of the price if the seller binds himself to repair the damages specified in Articles 1792, 1792-1, and 1792-2 of this Code and to assume the warranty provided for in Article 1792-3.

 

  •   Article 1647 of the French Civil Code

 

If the item that had defects has been destroyed because of its bad quality, the loss is for the seller who is liable to the buyer for the restitution of the price and other damages as explained in the two preceding Articles.

 

But the loss that occurred because of a fortuitous event is for the buyer.

 

  •   Article 1648 of the French Civil Code

 

An action resulting from latent defects must be brought by the buyer within two years from the discovery of the defect.

 

In the case provided for in Article 1642-1, the buyer must bring the action, under pain of being barred, within the year which follows the date on which the seller can be discharged from apparent defects or wants of conformity.

 

  •   Article 1649 of the French Civil Code

 

The action in warranty for latent defects is not available in judicial sales.