These General Terms and Conditions of Sale (hereinafter « GTC ») apply exclusively to the sales of pairs of gloves from the MAISON LAZAROVSKA brand (hereinafter « Products ») offered by MAISON LAZAROVSKA (hereinafter « MAISON LAZAROVSKA »), a brand operated by the single-member limited liability company ATELIER LAZAROVSKA, with a capital of 1,000 euros, registered with the Paris Trade and Companies Register under number 921 558 490, with its registered office located at 75 Rue de L’Ourcq, Paris (75019).
It is agreed that these GTC shall apply to the sale of Products to consumer clients as defined by the Consumer Code (hereinafter the « Client » or « Clients »).
The order by the Client (hereinafter the « Order ») constitutes unconditional acceptance of these GTC in their version in effect on that date and the conclusion of a legally binding contract (hereinafter the « Contract »). Any deviation or contrary clause to these GTC will only be valid if it has been negotiated and accepted in advance and in writing by MAISON LAZAROVSKA.
Orders are processed in accordance with the Data Protection and Collection carried out by MAISON LAZAROVSKA.
The Client may consult the Data Protection and Collection information via the Website.
The Contract therefore determines the rights and obligations of MAISON LAZAROVSKA and the Clients (collectively, the « Parties », individually, the « Party ») within the framework of the various sales terms of the Products.
The Contract contains the entirety of the obligations of the Parties. The provisions of the Contract are exclusive of any others. They cancel and replace all proposals, agreements, or protocols and take precedence over any other communications between the Parties, relating to the object of the Contract, made or not during its execution. No indication, no document, may create obligations not included in the Contract unless they have been the subject of an amendment signed by the Parties.
MAISON LAZAROVSKA reserves the right to adapt or modify these GTC at any time. These GTC may be subject to subsequent modifications, and the version applicable to the Contract concluded with the Client is the one in effect on the date of acceptance of the Quotation and thus the conclusion of the Contract.
The Client acknowledges having been provided, prior to any order, in a clear and understandable manner, with these GTC and all legal information, including information on:
The essential characteristics of the Products, Any potential customization of the Products, The price of the Products and additional costs, The date or time frame in which MAISON LAZAROVSKA may deliver the Products subject to the provisions of Article 5 of these GTC,
Information regarding the identity of MAISON LAZAROVSKA, its postal and electronic contact information,
The terms of payment for the Products and the methods provided by MAISON LAZAROVSKA for handling complaints and returns, Information regarding legal and contractual guarantees and their enforcement methods,
The possibility for Clients to resort to conventional mediation in case of a dispute under the conditions provided by the Consumer Code.
3.1 Sales Offers
The website and/or brochures provided by MAISON LAZAROVSKA present Product offers that are valid as long as they are offered on the Website, subject to stock availability. The updated list of Products and their prices can be viewed online or upon express request to MAISON LAZAROVSKA. The Website also specifies, for each Product offered, its essential characteristics.
The range of Products is subject to change, and MAISON LAZAROVSKA may make the necessary adjustments at any time to meet the needs of its Clients, withdraw Products, or add new ones. Consequently, MAISON LAZAROVSKA reserves the right to modify Product offers at any time, without notice and without this modification giving rise to any entitlement to damages.
The photos, drawings, and other visual elements related to the Products on the Website are non-contractual. The Products presented on the Website are displayed as accurately as possible.
MAISON LAZAROVSKA also reserves the right to suspend, cancel, or refuse any order from a Client with whom there is an existing dispute concerning payment for an ongoing or previous order.
3.2 Product Characteristics
The main characteristics of each product (composition, dimensions) are indicated on the website on each product page. The Client is informed that the gloves intentionally do not completely encircle the fingers: the inner part of the hand is free to move, the fingers can bend, and the hand can fully close. This design also allows each glove to adapt to any finger circumference.
4.1 – PRICE DETERMINATION
Unless otherwise stated, Products are billed at the price in effect on the date of the Order.
The prices of the Products reflect any applicable discounts agreed upon at the time of the Order. Delivery charges are calculated based on the delivery location and are communicated and paid for by the Client at the time of ordering.
Prices listed on the website are inclusive of tax, in euros, and include the applicable VAT rate.
Consequently, any change in applicable VAT will be reflected in the Product prices; the same applies to any new or modified rates or types of fiscal taxes applicable to Product sales, which will be reflected in Product prices as of their legal effective date.
4.2 – PAYMENT TERMS
Unless otherwise agreed in writing by MAISON LAZAROVSKA, payment is due in full at the time of the Order.
Payment is made online, via bank card or Apple Pay, through the Stripe payment gateway. If the Products ordered are no longer available, MAISON LAZAROVSKA will inform the Client by email. In the event that the order cannot be fulfilled, for example due to the unavailability of the Product, MAISON LAZAROVSKA will refund the Client within a reasonable time frame. In case of non-payment, in addition to other remedies available to the Client, MAISON LAZAROVSKA also reserves the right to suspend or cancel the Contract by notifying the Client in writing with immediate effect.
4.3 – ORDER CANCELLATION
If a Client wishes to cancel their order, they must inform MAISON LAZAROVSKA within 24 hours following the order and before receiving the shipping confirmation email. The Client should send an email to Maison Lazarovska via orders@maison-lazarovska.com, with the subject « Order Cancellation, » followed by the relevant order number.
The refund will be processed via the Stripe gateway, the same gateway used for placing the order. Transaction fees may apply depending on the Client’s bank.
5.1 Delivery Methods
MAISON LAZAROVSKA delivers ordered Products according to the delivery method chosen by the Client during the Order process. The available shipping methods are Colissimo Home with signature and Colissimo Relay Point. No home delivery is made without a signature.
The Colissimo Relay Point option is only available for areas offering this option. The delivery options are displayed when the Client enters the desired delivery address on the order form.
MAISON LAZAROVSKA delivers the Products to the delivery location indicated by the Client. No delivery will be made by MAISON LAZAROVSKA if full payment is not received.
The Client shall bear the consequences (delivery delays, inability to deliver, return of Products to MAISON LAZAROVSKA, additional transport costs, etc.) that may result from incorrect and/or incomplete information provided for delivery and/or the absence of the Client at the time of delivery. Deliveries to countries outside the European Union may be subject to customs fees payable by the Client upon receipt of the package.
A tracking link for the package is sent by email to the Client once the shipping label for the package is created.
5.2 Delivery and/or Availability Deadlines for Products
Delivery times vary depending on the destination. Deliveries in mainland France are estimated at 2 business days, and international deliveries are estimated between 4 and 7 business days, depending on the destination country.
MAISON LAZAROVSKA will make its best efforts to deliver the Products within the agreed timeframe, provided that the Client’s Orders were placed in accordance with the terms set out in the GTC. In any case, delivery within the time frame is only possible if the Client has fulfilled their obligations, in accordance with the provisions of these GTC, particularly with regard to payment obligations.
The indicated delivery time starts from the date the package is sent. It is important to note that order preparation is added to the delivery time. The preparation of the order by MAISON LAZAROVSKA is estimated at 24 to 48 hours.
The Client expressly acknowledges that MAISON LAZAROVSKA cannot be held responsible for non-compliance with announced deadlines (non-performance or delay in performance) in the event of circumstances beyond its control and/or due to a third party or force majeure.
Force majeure includes all events or circumstances beyond the control of the Parties and which cannot be prevented by them despite all reasonable efforts.
5.3 Reception
Upon delivery of the Product(s), the Client is required to carry out a legal inspection. It is specified that taking possession of the Product entails a transfer of risk (the Client thereby assumes unloading risks if this option has not been chosen).
Thus, MAISON LAZAROVSKA urges the Client to verify (or have an authorized representative verify) the apparent condition of the Product(s) upon delivery before signing the delivery receipt, in accordance with DGCCRF guidelines.
In case of any issue at delivery, the Client must refuse the Product(s) or retain the Product(s) in the condition they were delivered (including accessories, manuals, packaging, and outer packaging).
It is essential for the Client to clearly and precisely state any pertinent reservations on the delivery receipt, in line with DGCCRF recommendations. The Client must also verify, before signing the delivery receipt, that their Order is complete. If delivery is not as ordered, the Client must refuse the Product(s). All of these checks must be done upon delivery, in the presence of the carrier.
If the Product(s) delivered do not match the Order, the Client is required to return the delivered Order. The return costs are covered by MAISON LAZAROVSKA when the return falls under the legal guarantee of non-conformity.
The Product(s) must remain intact. The Client must inform MAISON LAZAROVSKA and provide proof of any defects or anomalies noted. Failing that, returning the Products will not be possible.
In the event of package damage (open or damaged package, broken products) or partial loss, the Client must also make all reservations to the carrier by registered letter within three (3) days of receiving the package(s). These reservations must also be promptly communicated to MAISON LAZAROVSKA.
The Client is reminded that if the carrier did not allow them to inspect the package’s condition, they must notify the carrier of any visible defects by registered letter. In any case, the Client is reminded that the phrase “subject to unpacking” has no legal value and does not establish that the damage preexisted.
The Client has a period of 2 weeks after receipt of the Product(s) to make a return. The Product(s) must be unworn, and the original tag should remain attached.
For returns not related to non-conformity of the Product(s), the return costs will be borne by the Client.
The Client should email orders@maison-lazarovska.com, specifying their order number and the reason for the return in the email body.
The Client is then advised to visit a postal office and send the package with signature confirmation to the following address:
MAISON LAZAROVSKA
75 rue de l’Ourcq
75019 Paris
The return package must include the Product(s), the original box, and the order form.
The order will be refunded via Stripe within 2 to 3 business days upon receipt and verification of the package.
7.1 Guarantees
MAISON LAZAROVSKA ensures that the Products delivered conform to the Order, comply with legal and regulatory requirements, and adhere to current French and European standards.
The Client is informed that Products sold by MAISON LAZAROVSKA are hand-sewn and hand-embroidered, so slight variations may appear from one pair of gloves to another. These variations are not considered defects, and each Product may appear slightly different from the photographs displayed on the website.
MAISON LAZAROVSKA agrees to replace any crystal that may detach from the purchased pair of gloves within one year, provided the Client presents proof of purchase (order confirmation email or invoice). If the missing crystal(s) are no longer in stock in MAISON LAZAROVSKA’s workshop, the Client will be informed and offered an alternative color or shape of crystal. If none of the proposed options suits the Client, they will receive a store credit equal to the value of the purchased pair of gloves, valid for six months.
These warranties are conditional on normal use of the Products and take effect from the date of receipt by the Client.
The warranty is excluded in the following cases: normal wear and tear; intentional damage; use that is not in line with the intended purpose; negligence; damage from impact or falls; alterations or repairs without written approval from MAISON LAZAROVSKA; abnormal use or use contrary to any oral or written guidelines from MAISON LAZAROVSKA.
This commercial warranty does not exclude the legal warranty of conformity (Articles L.217-3 to L217-20 of the Consumer Code – See Appendix 1) or the warranty against hidden defects as provided in the Civil Code (See Appendix 1). They cover any defect in material, design, or manufacturing that renders the Product unfit for its intended use.
The implementation of the warranties requires a written request from the Client explaining the observed defects. If a return of the Product is necessary, the Client may send the Products by mail to MAISON LAZAROVSKA.
Products returned without physical protection or poorly protected by the Client cannot benefit from the warranty. The Client is responsible for ensuring proper protection and insurance for Products during return shipping. If the return is made past the deadlines, MAISON LAZAROVSKA reserves the right to refuse the package(s) or return them to the sender.
7.2 Product Use
MAISON LAZAROVSKA gloves are designed for use in moderately cold conditions. They are not suitable for mountain or high-altitude use or for winter sports such as skiing, snowboarding, or mountaineering.
The gloves are not equipped with specific thermal protection and should not be used as heat protection, such as when handling hot or burning objects.
The gloves should be removed when handling lighters or matches.
8.1 Orders
The Client agrees to promptly inform MAISON LAZAROVSKA of any changes to the initial information provided that may impact the production of the Products.
Otherwise, MAISON LAZAROVSKA cannot be held liable.
Likewise, in the case of incorrect or late information provided by the Client, MAISON LAZAROVSKA shall not be liable for any delay in order fulfillment. Nor will MAISON LAZAROVSKA be liable if the Client fails to adhere to these General Terms and Conditions (CGV).
MAISON LAZAROVSKA will not be held liable for any unforeseen or indirect damages suffered by the Client or third parties, such as loss of reputation or any other financial loss resulting from the Order. Indirect damage to a third party does not entitle the Client to compensation. Examples of indirect damages include, but are not limited to, direct or indirect loss of income, anticipated profits, use, etc. MAISON LAZAROVSKA’s liability cannot be invoked if a force majeure or fortuitous event prevents it from fulfilling its obligations described in these CGV.
Force majeure is defined as an event beyond MAISON LAZAROVSKA’s control, unforeseeable at the time of the Quote’s signing, and unavoidable through appropriate measures, that prevents the fulfillment of an obligation by the debtor.
Events expressly considered as force majeure include, but are not limited to, natural disasters, fires, storms, lightning, strikes, floods, earthquakes, epidemics, pandemics, attacks, explosions, wars, civil disturbances, supply chain disruptions, energy shortages, computer viruses, legal or regulatory restrictions on the supply of Products, and any public authority decision preventing the supply of Products, including administrative closure of MAISON LAZAROVSKA or its suppliers, as well as any changes to these circumstances and generally any irresistible and unforeseeable event preventing the proper fulfillment of the Order.
Receipt of Products without any reservations by the Client acknowledges the absence of grievances regarding the quality of MAISON LAZAROVSKA’s Products.
8.2 Product Usage
The Client is informed that although the Product is designed to be durable, abusive use (such as during physical or sports activities, repeated friction on rough surfaces, or using the gloves as work gloves) does not reflect a lack of product quality.
Smoking while wearing the Product is strictly prohibited due to the risk of combustion. The Client is informed that care should be taken when wearing the Product, especially when handling rough or prickly surfaces, to avoid damaging the fabric or crystals.
Repeatedly putting hands in and out of the gloves should be done carefully.
8.3 Product Care
Gloves must be hand-washed using a mild detergent, air-dried, and ironed at low heat without steam. Before allowing the gloves to air dry, it is essential to dry the crystals manually with an absorbent cloth or towel to prevent potential rust on the settings.
MAISON LAZAROVSKA reserves the right to take photographs of the Products and use any image relating to the Products, for example, to promote the craftsmanship and image of MAISON LAZAROVSKA, in its commercial materials; on its website; on its social media (Facebook, Instagram, TikTok, etc.); and/or in any magazine publication or press release.
At the time of Order placement and at any time, the Client may revoke this authorization by simple written request to the following email address: info@maison-lazarovska.com.
The photographs, technical documents, and all elements provided by MAISON LAZAROVSKA are reserved for it and remain the exclusive property of MAISON LAZAROVSKA.
All elements contained in the Order confirmation or on the Website are also protected by intellectual property rights exclusively belonging to MAISON LAZAROVSKA.
The Client acknowledges that no usage or reproduction rights of these elements are granted. The Client agrees not to alter these rights nor to misuse them in any way that would damage or diminish their value.
MAISON LAZAROVSKA undertakes to comply with current legislation on privacy and the automated processing of personal data.
For the purposes of these CGV, personal data (« Personal Data ») include any information considered as such under the General Data Protection Regulation, effective since May 25, 2018. Among the Client’s Personal Data are, in particular, their identity and contact information. The Client is informed that they must not disclose any sensitive Personal Data to MAISON LAZAROVSKA.
When placing the Order, the Client authorizes MAISON LAZAROVSKA to send emails to the address provided. The information requested from the Client is necessary for processing the Order. Apart from order fulfillment, the collected data will not be disclosed to third parties.
In accordance with applicable law, the Client has the right to access, rectify, delete, object to the processing, limit processing, and finally request the portability of their Personal Data. They can exercise these rights by contacting MAISON LAZAROVSKA at the following email address: info@maison-lazarovska.com.
The Client is informed of their right to lodge a complaint with the Commission Nationale de l’Informatique et des Libertés (CNIL) in case of any dispute related to the application of these terms.
[Clients who do not wish to receive telemarketing calls may register for free on the Bloctel no-call list (www.bloctel.gouv.fr).]
12.1 – Disputes with Consumers
In the event of a dispute, the Client may submit a written complaint to MAISON LAZAROVSKA via email at info@maison-lazarovska.com.
In the case of a dispute, the Parties will seek an amicable solution before any legal action is taken.
It should be noted that Clients who may qualify as Consumers under the Consumer Code have the right to use a consumer mediator free of charge, in accordance with articles L. 612-1 and following of the Consumer Code.
A Client classified as a consumer under the Consumer Code may seek mediation through the Centre de Médiation de la Consommation de Conciliateurs de Justice. In this case, the Parties are free to accept or decline mediation and, if mediation is pursued, to accept or reject the mediator’s proposed solution.
Consumers under the Consumer Code may also file a dispute through the online dispute resolution platform (referred to as « ODR platform ») accessible via the link below:
[https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=FR](https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=FR).
The Parties may terminate the mediation process at any time. If no agreement is reached with the Seller or if mediation fails, the competent court will be the one designated in accordance with common law rules.
By express agreement between the Parties, these Terms and Conditions are governed by French law.
They are drafted in French. If translated into one or more languages, only the French text shall be legally binding in the event of a dispute.
If one of the Parties does not enforce, at any given time, any provision of this Contract, this shall not be interpreted as a waiver of the right to enforce that provision at a later date.
If one or more clauses of this Contract are nullified by a court decision or by mutual agreement between the Parties, the remaining provisions shall continue to have full effect, provided the overall purpose of this agreement can be preserved.
Should the enforcement of one or more clauses of this Contract become impossible due to nullification, the Parties will attempt to negotiate a new clause as close as possible in spirit and wording to the former clause, with the other provisions of this Contract remaining in force.
In the absence of agreement or if the general purpose of these terms is fundamentally disrupted, the Parties may mutually agree, in writing, to formally acknowledge the cancellation of this Contract in its entirety.
Article L217-3 of the Consumer Code
The seller delivers a product that conforms to the contract and meets the criteria outlined in Article L. 217-5. The seller is liable for non-conformities existing at the time of delivery, as defined in Article L. 216-1, that appear within two years from that date. For contracts involving the sale of goods with digital elements:
1. If the contract provides for the continuous supply of digital content or services for two years or less, or if no duration is specified, the seller is liable for any non-conformities in this digital content or service that appear within two years from the delivery of the goods.
2. If the contract provides for continuous digital content or service supply for more than two years, the seller is liable for any non-conformities in this digital content or service that arise during the supply period under the contract.
For such goods, the applicable period does not deprive the consumer of the right to updates per Article L. 217-19.
The seller is also liable, during the same periods, for non-conformities arising from packaging, installation instructions, or installation if it was the seller’s responsibility under the contract or conducted under their responsibility. Similarly, if improper installation by the consumer, as provided in the contract, is due to incomplete or incorrect installation instructions provided by the seller.
This warranty period applies without prejudice to Articles 2224 and following of the Civil Code. The starting point for the consumer’s action prescription is the day they became aware of the non-conformity.
Article L217-4 of the Consumer Code
The goods conform to the contract if they meet, in particular, the following criteria:
1. They match the description, type, quantity, and quality, especially in terms of functionality, compatibility, interoperability, or any other feature specified in the contract;
2. They are suitable for any particular use sought by the consumer, known to the seller by the time the contract is concluded and accepted;
3. They come with all accessories and installation instructions as stipulated in the contract;
4. They are updated in accordance with the contract.
Article L217-5 of the Consumer Code
I. Besides contractual conformity, goods conform if they meet the following criteria:
1. They are suitable for the usual purpose of goods of the same type, considering relevant European Union and national legislation, as well as applicable technical standards or, in their absence, sector-specific codes of conduct;
2. If applicable, they have the qualities shown to the consumer in samples or models before the contract;
3. If applicable, the digital elements included are supplied in the most recent version available at the time of contract conclusion, unless agreed otherwise;
4. If applicable, they come with all accessories, including packaging, and installation instructions that the consumer can reasonably expect;
5. If applicable, they include updates the consumer can reasonably expect, as per Article L. 217-19;
6. They match the quantity, quality, and other characteristics, including durability, functionality, compatibility, and safety, that the consumer can reasonably expect for similar goods, given the nature of the goods and public statements by the seller, any entity in the supply chain, or anyone acting on their behalf, including in advertisements or on labeling.
II. However, the seller is not bound by all public statements mentioned above if they prove:
1. They were unaware of and could not reasonably be expected to know about them;
2. By the time of the contract, public statements had been corrected in conditions similar to the initial statements; or
3. The public statements could not influence the purchasing decision.
III. The consumer may not contest conformity based on a defect in specific characteristics of the goods of which they were expressly and separately informed as non-compliant at contract conclusion.
Article L217-6 of the Consumer Code
If personal data processing is carried out by the professional in connection with the contract, any failure to comply with obligations under Regulation (EU) 2016/679 of April 27, 2016, and Law No. 78-17 of January 6, 1978, on data processing, files, and freedoms, is considered a non-conformity if it leads to a failure to meet one or more conformity criteria in this section, without prejudice to other remedies provided by these texts.
Article L217-7 of the Consumer Code
Non-conformities appearing within 24 months of delivery, including for goods with digital elements, are presumed to have existed at the time of delivery unless proven otherwise, unless this presumption is incompatible with the nature of the goods or the defect in question. For second-hand goods, this period is limited to 12 months.
For a sale contract of goods with digital elements providing for the continuous supply of digital content or services, non-conformities appearing are presumed to have existed at the time of delivery:
1. For two years from the delivery if the supply is scheduled for two years or less or if the contract does not specify a duration;
2. During the supply period under the contract if it provides for a supply period exceeding two years.
Article L217-8 of the Consumer Code
In case of non-conformity, the consumer has the right to have the goods brought into conformity by repair or replacement, or failing that, to a price reduction or contract cancellation, as outlined in this subsection. Additionally, the consumer has the right to withhold all or part of the price or the contractual advantage until the seller fulfills their obligations under this chapter, following Articles 1219 and 1220 of the Civil Code. These provisions are without prejudice to compensation.
Article L217-9 of the Consumer Code
The consumer has the right to demand conformity of the goods according to the criteria in Subsection 1 of this section. The consumer requests conformity from the seller by choosing between repair and replacement. For this purpose, the consumer makes the goods available to the seller.
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**Article L217-10 of the Consumer Code**
Conformity must be restored within a reasonable time, not exceeding 30 days from the consumer’s request, without major inconvenience to the consumer, considering the nature of the goods and the intended use by the consumer. Repair or replacement of non-compliant goods includes, if applicable, the removal and return of these goods and installation of the repaired or replacement goods by the seller. A decree specifies the conditions for conformity restoration.
Article L217-11 of the Consumer Code
The conformity of the good shall be carried out at no cost to the consumer. The consumer is not obliged to pay for the normal use he made of the replaced good during the period prior to its replacement.
Article L217-12 of the Consumer Code
The seller may not proceed according to the choice made by the consumer if the requested conformity is impossible or entails disproportionate costs, particularly in relation to:
1. The value the good would have had in the absence of the conformity defect;
2. The significance of the conformity defect; and
3. The possible option of choosing the other remedy without major inconvenience for the consumer.
The seller may refuse to bring the good into conformity if such conformity is impossible or entails disproportionate costs, particularly in relation to points 1 and 2.
When these conditions are not met, the consumer may, after formal notice, pursue the forced execution of the initially requested solution, in accordance with Articles 1221 and following of the Civil Code.
Any refusal by the seller to proceed according to the consumer’s choice or to bring the good into conformity must be justified in writing or on a durable medium.
Article L217-13 of the Consumer Code
Any good repaired under the legal guarantee of conformity benefits from an extension of this guarantee of six months.
If the consumer chooses repair but it is not implemented by the seller, the conformity by replacement of the good triggers, for the benefit of the consumer, a new legal guarantee period of conformity related to the replaced good. This provision applies from the day the replacement good is delivered to the consumer.
Article L217-14 of the Consumer Code
The consumer is entitled to a reduction in the price of the good or to the resolution of the contract in the following cases:
1. When the professional refuses any conformity;
2. When conformity occurs beyond a period of thirty days following the consumer’s request or if it causes major inconvenience;
3. If the consumer permanently bears the costs of returning or removing the non-conforming good, or if he bears the installation costs of the repaired or replacement good or related expenses;
4. When the non-conformity of the good persists despite the seller’s attempt to achieve conformity being unsuccessful.
The consumer is also entitled to a reduction in the price of the good or to the resolution of the contract when the defect of conformity is so serious that it justifies immediate reduction or resolution of the contract. The consumer is then not required to request the repair or replacement of the good in advance.
The consumer is not entitled to the resolution of the sale if the defect of conformity is minor, which it is the seller’s responsibility to demonstrate. This paragraph does not apply to contracts in which the consumer does not pay a price.
Article L217-15 of the Consumer Code
In the cases provided for in Article L. 217-14, the consumer informs the seller of his decision to obtain a reduction in the price of the good.
The price reduction is proportional to the difference between the value of the delivered good and the value of that good in the absence of the conformity defect.
Article L217-16 of the Consumer Code
In the cases provided for in Article L. 217-14, the consumer informs the seller of his decision to resolve the contract. He returns the goods to the seller at the seller’s expense. The seller reimburses the consumer the price paid and returns any other benefit received under the contract.
If the defect of conformity only concerns certain goods delivered under the sales contract, the consumer is entitled to the resolution of the contract for all goods, even those not covered by this chapter, if it cannot reasonably be expected of him to keep only the conforming goods.
For contracts mentioned in II of Article L. 217-1, providing for the sale of goods and, as an accessory, the provision of services not covered by this chapter, the consumer is entitled to the resolution of the entire contract. In addition, in the case of a bundled offer within the meaning of Article L. 224-42-2, the consumer is entitled to the resolution of all related contracts.
The respective obligations of the parties to the contract, mentioned in Article L. 224-25-22 and relating to the consequences of the resolution for digital content and digital services, are applicable to the resolution of the sales contract for a good that includes digital elements.
Article L217-17 of the Consumer Code
The reimbursement to the consumer of the amounts due by the seller under this subsection is made upon receipt of the good or proof of its return by the consumer and at the latest within fourteen days following this. The seller reimburses these amounts using the same payment method used by the consumer when concluding the contract, unless expressly agreed otherwise and in any case without additional fees.
Article L217-18 of the Consumer Code
Updates to a good containing digital elements are governed by this subsection.
For the application of this subsection, updates are understood to mean updates or modifications aimed at maintaining, adapting, or evolving the functionalities of the good, including security updates, whether these updates are necessary or not to maintain the conformity of the good.
Article L217-19 of the Consumer Code
I. – The seller ensures that the consumer is informed and receives the necessary updates to maintain the conformity of the goods:
1. During a period in which the consumer can legitimately expect, given the type and purpose of the goods and digital elements and considering the circumstances and nature of the contract, in the case of a one-off operation for the supply of digital content or digital service;
2. During a period of two years from the moment the goods containing digital elements are delivered, when the sales contract provides for the continuous supply of digital content or digital service for a certain period;
3. During the period in which the digital content or digital service is provided under the contract when it provides for continuous supply for a duration exceeding two years.
II. – When the consumer does not install, within a reasonable time, the updates mentioned in I, the seller is not responsible for the conformity defects resulting solely from the non-installation of the relevant updates, provided that:
1. The seller has informed the consumer of the availability of the updates and the consequences of their non-installation by the consumer; and
2. The non-installation or incorrect installation by the consumer of the updates is not due to shortcomings in the installation instructions provided to the consumer.
Article L217-20 of the Consumer Code
Regarding updates that are not necessary for maintaining the conformity of the good, the seller complies with the following conditions:
1. The contract allows for such updates and provides a valid reason for them;
2. The seller informs the consumer, clearly and understandably, reasonably in advance and on a durable medium, of the planned update, specifying the date on which it occurs;
3. The update is made at no additional cost to the consumer;
4. The seller informs the consumer that he is entitled to refuse the update or, where applicable, to uninstall it if the update negatively impacts his access to or use of the digital content or digital service. In this last case, the resolution of the contract is automatic and without cost to the consumer, within a maximum period of thirty days, unless the update has only a minor impact for him. However, the consumer cannot resolve the contract if the seller offered him to retain the digital content or digital service without modification, including by means of uninstalling the update, and if it remains compliant under the conditions set forth in this section.
When the consumer exercises his right to resolve the contract, the provisions of Articles L. 217-16 and L. 217-17 apply.
This article does not apply in the case of bundled offers within the meaning of Article L. 224-42-2.
Article 1643 of the Civil Code
The seller is liable for hidden defects, even if he was unaware of them, unless, in this case, he stipulated that he would not be obliged to provide any guarantee.
Article 1644 of the Civil Code
In the cases of Articles 1641 and 1643, the buyer has the choice to return the item and obtain a refund of the price or to keep the item and obtain a partial refund of the price.
Article 1645 of the Civil Code
If the seller was aware of the defects of the item, he is liable, in addition to the refund of the price received, for all damages to the buyer.
Article 1646 of the Civil Code
If the seller was unaware of the defects of the item, he shall only be liable for the refund of the price and to reimburse the buyer for expenses incurred by the sale.
Article 1646-1 of the Civil Code
The seller of a building to be constructed is liable, from the acceptance of the works, for the obligations of architects, contractors, and other persons linked to the project owner by a contract of work rental as set out in Articles 1792, 1792-1, 1792-2, and 1792-3 of this Code.
These guarantees benefit successive owners of the building.
There shall be no resolution of the sale or reduction of the price if the seller undertakes to repair the damages defined in Articles 1792, 1792-1, and 1792-2 of this Code and to fulfill the guarantee provided for in Article 1792-3.
Article 1647 of the Civil Code
If the item with defects perishes due to its poor quality, the loss is borne by the seller, who will be liable to the buyer for the refund of the price and for other damages explained in the two preceding articles.
However, the loss resulting from force majeure will be borne by the buyer.
Article 1648 of the Civil Code
The action resulting from hidden defects must be brought by the buyer within two years of discovering the defect.
In the case provided for in Article 1642-1, the action is prescribed from the time of the sale.