9.1. Legal guarantee of conformity (Article L.217-1 et seq. of the French Consumer Code)
If the Product ordered by the Customer has a defect in conformity existing at the time of delivery, EDEN PARK undertakes to replace the Product, within the limits of available stocks. If it is impossible to replace the Product, EDEN PARK will reimburse the price after the Customer has returned the Product.
Article L.217-4 of the French Consumer Code
The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
He shall also be liable for defects of conformity resulting from packaging, assembly instructions or installation when the latter was made at his expense by the contract or was carried out under his responsibility.
Article L.217-5 of the Consumer Code
The property is in conformity with the contract:
1° If it is fit 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 the seller has presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer may legitimately expect in view of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
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 knowledge of the seller and accepted by the latter.
Article L.217-6 of the Consumer Code
The seller is not bound by public statements made by 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 of the Consumer Code
Defects of conformity which appear within twenty-four months from the 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 months.
The seller may rebut this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.
Article L.217-8 of the Consumer Code
The purchaser is entitled to demand that the goods comply with the contract. However, he may not contest conformity by invoking a defect that he knew or could not have been unaware of when he entered into the contract. The same applies if the defect has its origin in the materials he himself supplied.
Article L.217-9 of the Consumer Code
In case of lack of conformity, the buyer chooses between repair or replacement of the goods.
However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. In such a case, the seller is bound to proceed, unless it is impossible to do so, according to the method not chosen by the buyer.
Article L.217-10 of the Consumer Code
If the repair and replacement of the good are impossible, the buyer may return the good and have the price refunded or keep the good and have part of the price refunded.
The same faculty is open to him:
1° If the solution requested, proposed or agreed in application of article L.217-9 cannot be implemented within one month following the buyer's complaint;
2° Or if this solution cannot be implemented without major inconvenience for the purchaser, given the nature of the goods and the use that he is seeking.
However, the sale may not be rescinded if the lack of conformity is minor.
Article L.217-11 of the Consumer Code
The application of the provisions of articles L.217-9 and L.217-10 takes place at no cost to the purchaser.
These same provisions do not prevent the allocation of damages.
Article L.217-12 of the Consumer Code
The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods.
Article L.217-13 of the Consumer Code
The provisions of the present section do not deprive the purchaser of the right to exercise the action resulting from prohibitive defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature recognized by law.
9.2. Warranty for hidden defects (articles 1641 to 1648 of the Civil Code)
In the event of hidden defects, EDEN PARK undertakes to reimburse the total price of the Product, after the Customer has returned the Product, or the price arbitrated by an expert, if the Customer chooses to keep the Product.
Article 1641 of the Civil Code
The seller is bound by the warranty on account of hidden defects of the good sold which render it unfit for the use for which it is intended, or which diminish this use so much that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them.
Article 1642 of the Civil Code
The seller is not liable for apparent defects which the buyer has been able to convince himself of.
Article 1643 of the Civil Code
He is liable for hidden defects, even if he would not have known about them, unless in this case he has stipulated that he will not be obliged to any warranty.
Article 1644 of the Civil Code
In the case of articles 1641 and 1643, the buyer has the choice to return the good and receive the price back, or to keep the good and receive part of the price back.
Article 1645 of the Civil Code
If the Seller knew of the defects of the goods, he shall be liable to the Buyer for all damages, in addition to the return of the price he received for them.
Article 1646 of the Civil Code
If the seller was unaware of the defects of the good, he will only be bound to return the price and to reimburse the buyer for the costs incurred by the sale.
Article 1647 of the Civil Code
If the good that had defects has perished as a result of its poor quality, the loss is for the seller, who will be liable to the buyer for the restitution of the price and the other compensations explained in the two previous articles.
But the loss that has occurred by chance will be for the account of the buyer.
Article 1648 of the Civil Code
The action resulting from prohibitive defects must be brought by the purchaser within two years from the discovery of the defect.