General Terms and Conditions of Sale
These General Terms and Conditions of Sale are entered into between:
– Design’Partner, a company with share capital of €100,000, whose registered office is located in Vire 14500, registered with the Caen Trade and Companies Register under number 419 595 780, hereinafter referred to as “Design’Partner”;
– any natural or legal person wishing to make a purchase through one of Design’Partner’s websites, hereinafter referred to as the “buyer”.
Information about Design’Partner:
Postal address: DESIGN PARTNER, Bâtiment Hélios / Z.A. la Papillonnière – Rue Yves Landegren – 14500 VIRE
VAT no. FR19419595780
Publication Director: Mr CORBRION
Tel.: 02 31 67 79 59
Article 1 – Purpose
These General Terms and Conditions of Sale are intended to define the entirety of the contractual relationship between Design’Partner and the buyer. They determine all the rights and obligations of the parties, as well as the conditions applicable to any purchase made through Design’Partner’s e-commerce website (hereinafter “Design’Partner’s e-commerce website”), whether the buyer is a business, non-business or consumer, or a legal or natural person.
These General Terms and Conditions of Sale set out all the obligations of the parties. Accordingly, the buyer is deemed to accept them without reservation. By placing an order on Design’Partner’s e-commerce website, the buyer fully and unconditionally agrees to these General Terms and Conditions of Sale.
These General Terms and Conditions of Sale prevail over any other general or special terms and conditions not expressly approved by Design’Partner, particularly any terms and conditions of purchase.
These General Terms and Conditions of Sale are available on Design’Partner’s e-commerce website and, where applicable, shall prevail over any other version or any conflicting document.
Design’Partner reserves the right to amend these General Terms and Conditions of Sale at any time; any amendments to these General Terms and Conditions of Sale shall take effect when published on Design’Partner’s e-commerce website. In all circumstances, the General Terms and Conditions of Sale applicable to the buyer shall be those in force on the date the order is placed.
Article 2 – Pre-contractual information
Every buyer, whether a business, non-business or consumer, or a legal or natural person, acknowledges having been provided, clearly, legibly and comprehensibly, with these General Terms and Conditions of Sale before placing their order and entering into the contract. The buyer declares that they have accepted these General Terms and Conditions of Sale without reservation and that they are therefore enforceable against them pursuant to Article 1119 of the French Civil Code.
In addition, every buyer who is a natural-person consumer also acknowledges having been provided, clearly, legibly and comprehensibly, with all the information listed in Article L. 221-5 of the French Consumer Code before placing their order and entering into the contract.
The statutory provisions referred to in these General Terms and Conditions are reproduced in full at the end of this document.
Article 3 – Characteristics of the goods and services offered
The products and services offered by Design’Partner and governed by these General Terms and Conditions of Sale are those listed in the catalogue published on Design’Partner’s e-commerce website on the date the buyer views that website.
These products and services are offered for sale subject to availability.
The products and services offered are described and illustrated as accurately as possible; however, Design’Partner may not be held liable for any errors or omissions in this presentation.
Similarly, the photographs in the catalogue published on Design’Partner’s e-commerce website are as accurate and representative as possible; however, they cannot guarantee a perfect likeness to the product concerned, particularly as regards colours, it being specified that products may display variations in shade within the same colour. The buyer accepts that such differences shall have no effect whatsoever on the validity of the sale and that Design’Partner may not be held liable in this respect.
In all circumstances, photographs and text presenting the products are provided for guidance only and are not contractually binding.
Article 4 – Prices
Prices are stated in euros (€).
Design’Partner reserves the right to change its prices at any time but undertakes to apply the prices shown in the catalogue published on Design’Partner’s e-commerce website on the date the buyer places the order, subject to availability on that date.
The stated prices do not include transport and delivery costs, provided that delivery takes place within the geographical areas offered when the order is placed; transport and delivery costs are charged to the buyer in addition and stated before the order is confirmed.
For any order delivered to the French overseas departments, regions and collectivities (DROM-COM) or to countries outside the European Union, any taxes payable upon customs clearance shall be borne entirely and exclusively by the buyer; to find out the applicable rate, Design’Partner invites the buyer to contact the relevant customs authority.
The prices shown in the shopping basket include the VAT rate applicable on the date the buyer places the order; any change in the applicable VAT rate shall automatically be reflected in the price of the products and services offered by Design’Partner.
Prices are firm and final once the order has been confirmed. The buyer must check that the total price of the order meets their expectations; otherwise, the buyer must not confirm the order.
No credit note or discount relating to transport, VAT, customs charges or the price of items shall be issued after the order has been confirmed.
The price must be paid in full and in a single payment by the buyer when placing the order, and no sum paid by the buyer may be considered a deposit or part payment.
Article 5 – Geographical scope
Online sales of the products and services offered on Design’Partner’s e-commerce website are restricted to buyers residing in France, within the European Community or in any other geographical area offered when the order is placed.
Article 6 – Orders
The buyer places their order on Design’Partner’s e-commerce website using the online catalogue and the form provided there, subject to availability.
A buyer wishing to purchase a product or service must:
– complete the online form, providing all references for the products or services selected;
– check the contents of their basket and then confirm it to convert it into an order;
– complete the identification form, providing all the requested contact details;
– confirm the order after checking it in full;
– make payment in accordance with the stipulated conditions.
The buyer is responsible for checking the accuracy of their entire order and of all information provided.
Any order confirmation constitutes express and irrevocable acceptance of these General Terms and Conditions of Sale, acknowledgement of full knowledge thereof, and waiver of the right to rely on any other general or special terms and conditions, particularly any terms and conditions of purchase. Any order confirmation also constitutes express and irrevocable acceptance of the price and description of the products or services offered for sale.
All data provided and the recorded order confirmation shall constitute proof of the transaction.
The order confirmation shall constitute a signature and acceptance of the transactions carried out.
Design’Partner shall send the buyer confirmation of the recorded order by email.
The buyer authorises Design’Partner to use their personal data (surname, first name, delivery address, telephone number and email address) and to provide their delivery details to its shipping partners so that they may deliver the order, pursuant to the provisions of Article 22 of these General Terms and Conditions concerning personal data.
Payment for the order by the buyer means that the order is firm and final; the buyer may therefore no longer amend the order.
Article 7 – Products out of stock or unavailable
If one or more products are out of stock or unavailable, the buyer shall be informed as soon as possible; the sums paid for the products concerned shall then be refunded no later than 14 calendar days from cancellation of the order or the products concerned.
Article 8 – Payment terms
Full payment for an order is due as soon as it is confirmed by the buyer.
The buyer may pay for their order by bank card, bank transfer or PayPal. The buyer is responsible for selecting their preferred payment method from those offered by Design’Partner.
If the buyer chooses to pay for their order by bank card, payment shall be made through a secure system using the SSL (Secure Socket Layer) protocol; information transmitted over the network shall therefore be encrypted.
In the event of non-payment or refusal of payment authorisation by officially accredited organisations, Design’Partner reserves the right to suspend any order and/or delivery until the situation has been resolved.
Payments made by the buyer shall only be considered final once Design’Partner has actually received all sums due.
Once the order has been dispatched, an invoice is made available to the buyer in the “My Orders” section of their customer account.
Article 9 – Deliveries
The buyer undertakes to inspect items carefully upon receipt and to check that they are free from any lack of conformity.
Delivery means making the products available to the buyer, i.e. transferring physical possession of those products to the buyer.
All deliveries are made to the address specified by the buyer on the order form; this address may only be located within the geographical areas offered when the order is placed.
The buyer is responsible for ensuring that the delivery address provided is accurate and located within the aforementioned geographical area. Design’Partner accepts no liability for any delay or delivery error caused by the buyer providing an incorrect, incomplete or inaccurate delivery address. Any parcel returned to Design’Partner because of an incorrect, incomplete or inaccurate delivery address shall be resent at the buyer’s expense.
In the event of any failure attributable to the carrier, particularly damage occurring during transport of the products, any claim made by the buyer must be substantiated and submitted to the carrier within three (3) days of receipt of the delivered products.
Delivery times are stated to the buyer before the order is confirmed and begin once the order and its payment have been confirmed.
Delivery times are provided for guidance only; however, if they exceed thirty (30) days from the order confirmation date, the contract of sale may be terminated and the buyer may be refunded all sums paid. Such a refund shall be made no later than 14 calendar days after the buyer terminates the contract of sale.
Any order for unaltered items that is not claimed by the buyer within three (3) weeks after being made available to the buyer by Design’Partner shall be considered abandoned and consequently cancelled by Design’Partner; the date on which Design’Partner makes the products available to the buyer means the order dispatch date. A fee equal to 25% of the amount of that order shall be deducted from the refund to cover the resulting administrative costs.
Any order for marked items that is not claimed by the buyer within three (3) weeks after being made available to the buyer by Design’Partner shall be considered abandoned and consequently destroyed by Design’Partner; the date on which Design’Partner makes the products available to the buyer means the order dispatch date.
Design’Partner does not arrange delivery to freight forwarders; consequently, Design’Partner completes no export formalities for deliveries scheduled within metropolitan France.
Design’Partner does not offer delivery to trade shows, events and/or concert venues, or to military addresses.
Article 10 – Retention of title
Design’Partner retains full ownership of the products sold until full and effective payment of the price of all products included in the order. Therefore, irrespective of the delivery date, ownership of and responsibility for the products shall only transfer to the buyer once they have paid the full price of those products.
Article 11 – Transfer of risk
In accordance with Article L. 216-2 of the French Consumer Code, risk transfers to the buyer when the buyer or a third party designated by them takes physical possession of the products.
In accordance with Article L. 216-3 of the French Consumer Code, if the buyer personally entrusts delivery of the products to a carrier other than the one offered by Design’Partner, delivery shall be deemed completed and risk shall transfer when Design’Partner hands the products over to the carrier. In such circumstances, the buyer shall have no warranty claim against Design’Partner in the event of an error or failure in the delivery of the products transported in this way.
The rules concerning transfer of risk set out above apply not only to consumers, but to all buyers, whether businesses, non-businesses or consumers, or legal or natural persons.
Article 12 – Right of withdrawal
If the buyer notifies Design’Partner of their intention to withdraw before receiving their parcel, the buyer is informed that it is not technically possible for Design’Partner to stop dispatch of the products once the order has been confirmed. The order shall therefore be dispatched to the buyer, and the buyer undertakes, in accordance with Article L. 221-23 of the French Consumer Code, to return the products concerned within no more than fourteen (14) days of providing Design’Partner with this notification.
12.1) For individual customers:
In accordance with Article L. 221-18 of the French Consumer Code, every non-business natural-person buyer has a right of withdrawal, which must be exercised within fourteen (14) calendar days of receiving their order, by submitting a request to Design’Partner to return one or more products for a refund without penalty, with the exception of return costs, which remain payable by the buyer.
If Design’Partner’s system detects an order type intended for business use, the return conditions applicable to business buyers shall apply.
12.2) For business customers, sole traders and non-profit organisations:
Any business buyer, sole trader or non-profit organisation may submit a return request on Design’Partner’s e-commerce website within fourteen (14) calendar days of receiving their order. However, such a return request must be reviewed by Design’Partner’s departments, which reserve the right to refuse it.
If Design’Partner approves a return request from a business buyer, sole trader or non-profit organisation, a fee equal to 25% of the amount of that order shall be deducted from the refund to cover the resulting administrative costs.
Article 13 – Product returns
All buyers, regardless of their status, must submit any return request from the “My Orders” section of their customer account within no more than 14 calendar days; this period begins on the date the buyer receives their order. Once this 14-calendar-day period has elapsed, no return request shall be accepted.
In all circumstances, in accordance with Article L. 221-28 of the French Consumer Code, the buyer may not exercise a right of withdrawal in respect of goods made to the buyer’s specifications or clearly personalised; consequently, Design’Partner shall not accept the return of such products under any circumstances.
In particular, the buyer may not exercise a right of withdrawal in respect of marked items; consequently, Design’Partner shall not accept the return of such products under any circumstances.
Also in accordance with Article L. 221-28 of the French Consumer Code, the buyer may not exercise a right of withdrawal in respect of products unsealed by the buyer after delivery that cannot be returned for reasons of hygiene or health protection.
In all circumstances, Design’Partner shall not accept the return of products that have been damaged, soiled, used, worn, washed, marked or altered (embroidery, screen printing, heat-transfer vinyl, transfer printing, etc.).
If Design’Partner approves a product return, a return number and the procedure to be followed shall be provided to the buyer. Any parcel returned without a return number shall automatically be refused.
The return authorisation must be affixed to the parcel.
All products must be returned in perfect condition and in their original packaging, in the same condition in which they were dispatched.
In accordance with Article L. 221-23 of the French Consumer Code, every buyer must return or hand back the goods in respect of which they have exercised their right of withdrawal to Design’Partner, using the contact details specified when the return request was approved in the customer account, without undue delay and no later than fourteen (14) calendar days after communicating their decision to withdraw; this return period applies regardless of the buyer’s status.
In accordance with Article L. 221-24 of the French Consumer Code, where a non-business natural-person buyer exercises their right of withdrawal within fourteen (14) calendar days of receiving their order, refunds shall be made without undue delay and no later than 14 calendar days from the date on which Design’Partner was informed by the buyer of their decision to withdraw; where the buyer is a business, this period only begins on the date Design’Partner receives the products returned by the buyer.
In accordance with Article L. 221-24 of the French Consumer Code, Design’Partner is not required to refund additional costs if the buyer expressly selected a delivery method more expensive than the standard delivery method offered by Design’Partner on its e-commerce website; pursuant to these General Terms and Conditions, this also applies to every other buyer, regardless of status.
Returned items remain the buyer’s responsibility, and the buyer must make the necessary arrangements to ensure their safe delivery.
Article 14 – Product care, washing and storage Care, washing or storage instructions may be included in the product descriptions on Design’Partner’s e-commerce website and/or in an explanatory leaflet supplied with the product.
In all circumstances, Design’Partner may not be held liable for improper care, washing or storage of a product by the buyer.
Article 15 – Warranties
15.1) For consumer customers:
Design’Partner warrants that the goods conform to the contract, enabling a non-business natural-person buyer to make a claim under the statutory conformity warranty provided for in Articles L. 217-3 et seq. of the French Consumer Code or under the warranty against latent defects in the item sold within the meaning of Articles 1641 et seq. of the French Civil Code.
If the buyer invokes the statutory conformity warranty provided for in Articles L. 217-3 et seq. of the French Consumer Code, it is recalled that:
– The buyer has two (2) years from delivery of the goods to take action;
– In accordance with Article L. 217-8 of the French Consumer Code, the buyer is entitled to have the goods brought into conformity; the buyer may choose between repair and replacement of the goods, subject to the cost conditions stipulated by the French Consumer Code, or, failing this, a price reduction or termination of the contract under the conditions stipulated by the French Consumer Code.
15.2) For business customers:
In accordance with Articles 1641 et seq. of the French Civil Code, Design’Partner warrants that the goods conform to the contract, enabling the buyer to make a claim under the warranty against latent defects in the item sold.
Article 16 – After-sales service
Any claim concerning an order must be submitted by the buyer from the “My Orders” section of their customer account within fourteen (14) calendar days of receiving the order.
For a return-to-workshop warranty, the device is sent for repair by the customer, carriage paid, in accordance with the manufacturer’s instructions.
Article 17 – Product marking
Where Design’Partner marks ordered products:
– The buyer undertakes not to provide Design’Partner with content to be marked that fails to comply with the laws in force in the countries concerned, particularly in relation to intellectual property, defamation, pornography, offences against public decency, child protection, incitement to racial hatred or any other subject affecting respect for and the dignity of human beings; more generally, the buyer undertakes not to infringe any third-party rights whatsoever;
The stated marking dimensions are provided for guidance only and may be modified at the manufacturing operator’s discretion according to the design supplied and the cut and size of the products concerned;
– Under no circumstances does Design’Partner guarantee a perfect match between marking colours and the design supplied by the buyer; consequently, Design’Partner may not be held liable in this respect. For orders of several products, Design’Partner strongly recommends that the buyer order one unit in advance to check that it fully meets their final requirements;
– Under no circumstances does Design’Partner guarantee the operation of QR codes or other barcodes; consequently, Design’Partner may not be held liable in this respect;
– Textile-marking orders are understood to cover one design per customisation area; consequently, several designs can only be combined if the buyer places several separate orders.
Article 18 – Screen-print transfers
The buyer undertakes to inspect screen-print transfers carefully upon receipt and to check that they are free from any lack of conformity.
The screen-print transfers offered by Design’Partner are intended solely for marking textile substrates. The buyer must test them and adapt their application according to the textile used. The buyer must also test the washing of the textile concerned.
If a defect is found, the buyer must submit any claim directly on Design’Partner’s e-commerce website no later than 14 days after receiving the parcel.
Article 19 – Intellectual property
19.1) For an order involving items to be marked, the buyer warrants to Design’Partner that the designs, images, photographs, drawings, logos, quotations and text used are free from all third-party rights.
In the event of a claim alleging infringement of third-party rights, the buyer shall hold Design’Partner harmless from all liability. The buyer shall be fully liable and must indemnify Design’Partner for any resulting loss or damage.
19.2) All elements of Design’Partner’s e-commerce website are and remain the sole and exclusive property of Design’Partner. No person is authorised to reproduce, exploit, redistribute or use, in any capacity whatsoever, even partially, any element of Design’Partner’s e-commerce website. This applies to visual elements, audio elements and software.
Any simple link or hyperlink is strictly prohibited without Design’Partner’s express written consent.
Article 20 – Liability
In all circumstances, Design’Partner’s total cumulative liability, irrespective of cause, is limited to the amount paid by the buyer to Design’Partner for the order concerned.
Under no circumstances shall Design’Partner be liable to compensate indirect and/or intangible and/or non-pecuniary losses, particularly financial or commercial losses (loss of profit, loss of orders, operating loss, loss of data, loss of earnings, reputational damage, service interruption, etc.), or losses of the same nature resulting from a claim brought against Design’Partner by the buyer due to damage suffered by a third party.
Furthermore, Design’Partner may not be held liable for any damage to the buyer’s data; the buyer must back up this data at their own expense. Under no circumstances shall Design’Partner restore this data to equipment in the event of loss.
If a force majeure event occurs, Design’Partner shall be fully released from all liability and shall not be required to pay the buyer any compensation.
With regard to screen-print transfers, heat-transfer vinyl, transfer papers and customisation consumables, the buyer undertakes to inspect the transfers, heat-transfer vinyl, transfer paper and customisation consumables carefully upon receipt and check that they are free from any lack of conformity.
Design’Partner’s liability is limited to the screen-print transfers, heat-transfer vinyl, transfer papers and customisation consumables sold; consequently, it may not be held liable in respect of textiles or other substrates that have been marked and/or customised.
The buyer undertakes to ascertain the mandatory conditions applying to certified products and products bearing quality labels and not to take any action contrary to those mandatory conditions.
Article 21 – Force majeure
In accordance with Article 1218 of the French Civil Code, force majeure in contractual matters occurs when an event beyond the debtor’s control, which could not reasonably have been foreseen when the contract was entered into and whose effects cannot be avoided by appropriate measures, prevents the debtor from performing their obligation.
These General Terms and Conditions of Sale provide that all events or circumstances that are unavoidable, unforeseeable and beyond the parties’ control, as defined by the case law of the French courts, are considered force majeure events.
If a force majeure event or unforeseen event prevents the normal performance of the parties’ obligations, performance of the contract shall be suspended and Design’Partner may not validly be held liable.
The party invoking a force majeure event must notify the other party immediately. The other party must also be informed when the event ends.
The parties may then agree on the conditions under which the contract is to be performed or terminated.
Article 22 – Personal data
Design’Partner processes personal data provided by the buyer; such processing is necessary for performance of the contract entered into between Design’Partner and the buyer.
The personal data provided by the buyer is required to process their order, issue invoices and deliver their order. It is collected, processed and retained by the seller in compliance with the legislation in force, particularly French Data Protection Act no. 78-17 of 6 janvier 1978 and Regulation (EU) 2016/679 of 27 avril 2016, known as the General Data Protection Regulation (GDPR).
The personal data provided by the buyer may be disclosed to Design’Partner’s partners responsible for fulfilling, processing, managing and taking payment for orders. In particular, the buyer authorises Design’Partner to use their personal data (surname, first name, delivery address, telephone number, email address, etc.) and to provide their delivery details to its shipping partners so that the order can be delivered.
The buyer has a permanent right to access, modify, rectify and erase their data and to restrict its processing. These rights may be exercised in writing using the contact details given in the preamble.
The personal data provided by the buyer to Design’Partner is retained for no longer than the legally permitted period.
If, after contacting Design’Partner, the buyer considers that their rights under French data protection law have not been respected, they may submit a complaint to the CNIL at cnil.fr or by post to CNIL – – 3 Place de Fontenoy – TSA 80715 – 75334 PARIS CEDEX 07.
Article 23 – Record-keeping and evidence
Design’Partner archives order forms and invoices on a reliable and durable medium, under reasonable security conditions, constituting a faithful copy in accordance with the provisions of the French Civil Code.
Design’Partner’s computerised records shall be regarded by the parties as evidence of the communications, orders, payments and transactions between them.
Article 24 – Term
These General Terms and Conditions of Sale are deemed accepted by the buyer when the order is confirmed and apply throughout the performance of the contract until expiry of the product warranties provided for herein.
Article 25 – Severability of contractual provisions and non-waiver
If one or more contractual provisions of these General Terms and Conditions of Sale are held invalid or declared as such pursuant to a law or regulation or following a final decision by a court of competent jurisdiction, the other contractual provisions shall remain fully valid and effective.
The failure of either party to invoke a breach by the other party of any obligation set out in these General Terms and Conditions of Sale shall not be interpreted in the future as a waiver of the obligation concerned.
Article 26 – Dispute resolution
These online General Terms and Conditions of Sale are governed exclusively by French law.
In the event of a complaint or dispute, the parties undertake to attempt to reach an amicable solution before taking any legal action.
If all attempts at amicable resolution fail, notwithstanding multiple defendants or third-party proceedings in particular, the French courts shall have jurisdiction and, more specifically, the Caen Commercial Court shall have jurisdiction over disputes involving business buyers.
Furthermore, after first attempting to resolve the dispute directly with Design’Partner, any non-business natural-person buyer may, if they wish, use the services of the consumer mediator.
In accordance with the provisions of the French Consumer Code concerning amicable dispute resolution, Design’Partner is a member of the FEVAD (French Federation of E-commerce and Distance Selling) E-commerce Mediation Service, whose contact details are: Médiateur de la consommation FEVAD BP 200015 – 75362 PARIS CEDEX 8 – http://www.mediateurfevad.fr After consumers have first made a written approach to Design’Partner, the Mediation Service may be contacted regarding any consumer dispute that has not been successfully resolved. Details of how to refer a matter to the Mediator are available at: https://www.mediateurfevad.fr/index.php/espace-consommateur-2/.
Article 27 – Unique Identifiers (IDU)
Design’Partner is registered with ADEME under the following unique identifiers:
IUD Citeo (packaging and paper): FR356161_01ORJH
IUD Refashion (clothing textiles, household linen and footwear – TLC): FR356161_11LHHS
Article 28 – Information about cookies
What is a cookie?
A cookie is a text file placed on an internet user’s hard drive by the server of the website they visit. Some cookies are necessary to access a website’s features. It contains several pieces of data: the name of the server that placed it, an identifier in the form of a unique number and, where applicable, an expiry date.
Why does Design’Partner’s e-commerce website use cookies?
Design’Partner’s e-commerce website uses cookies to provide a service tailored to your browsing. For example, they prevent you from having to re-enter certain information. Cookies are also used to optimise website performance and thereby help you find a specific item more easily.
How can cookies be blocked?
You may refuse to allow cookies to be stored; however, you will no longer be able to use certain features that are necessary for browsing. You can disable cookies by following these instructions:
Google Chrome
– Set cookie and site data permissions;
– Click the Chrome menu in the browser toolbar;
– Select “Settings”;
– Click “Show advanced settings”;
– In the “Privacy” section, click the “Content settings” button;
– In the “Cookies” section, you can change the following settings:
– Click “Block cookies by default”.
Mozilla FireFox
– Go to the options at the top right of the window;
– Select the “Privacy” panel;
– In the “History” section, select “Use custom settings for history” for the retention settings option;
– Disable cookies.
Internet Explorer
– Go to the “Tools” menu;
– Select “Internet Options”;
– Click the “Privacy” tab;
– Click “Advanced” and deselect “Accept”;
– Confirm by clicking “OK”.
Safari
– Go to the menu at the top;
– Click “Safari”, then “Preferences”;
– Select the “Security” icon;
– Under “Accept cookies”, select “Never”
Statutory provisions referred to in these General Terms and Conditions of Sale
Article 1119, paragraph 1, of the French Civil Code: “General terms and conditions invoked by one party shall only be effective against the other party if they have been brought to the latter’s attention and accepted by that party.”
Article L. 221-5 of the French Consumer Code: “Before entering into a contract for the sale of goods or supply of services, the trader shall provide the consumer, in a legible and comprehensible manner, with the following information:
1° The information provided for in Articles L. 111-1 and L. 111-2;
2° Where a right of withdrawal exists, the conditions, time limit and procedures for exercising that right, together with the standard withdrawal form, the presentation requirements and contents of which are established by decree of the Conseil d’État;
3° Where applicable, the fact that the consumer bears the cost of returning the goods in the event of withdrawal and, for distance contracts, the cost of returning the goods where, by their nature, they cannot normally be returned by post;
4° Information concerning the consumer’s obligation to pay costs when exercising the right of withdrawal from a contract for the provision of services, the distribution of water, the supply of gas or electricity, or subscription to a district heating network, performance of which the consumer expressly requested to begin before the end of the withdrawal period; these costs shall be calculated in accordance with Article L. 221-25;
5° Where the right of withdrawal cannot be exercised pursuant to Article L. 221-28, information stating that the consumer does not have this right or, where applicable, the circumstances in which the consumer loses the right of withdrawal;
6° Information concerning the trader’s contact details, where applicable the costs of using the means of distance communication, the existence of codes of conduct, where applicable deposits and warranties, termination arrangements, dispute-resolution methods and other contractual conditions, the list and contents of which are established by decree of the Conseil d’État.
In the case of a public auction as defined in the first paragraph of Article L. 321-3 of the French Commercial Code, the information concerning the trader’s identity and postal, telephone and electronic contact details provided for in Article L. 111-1(4°) may be replaced by those of the agent.”
Article L. 111-1 of the French Consumer Code: “Before the consumer is bound by a contract for consideration, the trader shall provide the consumer, in a legible and comprehensible manner, with the following information:
1° The essential characteristics of the goods or services, as well as those of the digital service or digital content, having regard to their nature and the communication medium used, including the functionality, compatibility and interoperability of goods containing digital elements, digital content or digital services, and the existence of any software-installation restrictions;
2° The price or any other benefit provided instead of or in addition to payment of a price pursuant to Articles L. 112-1 to L. 112-4-1;
3° Where the contract is not performed immediately, the date or time by which the trader undertakes to deliver the goods or perform the service;
4° Information concerning the trader’s identity, postal, telephone and electronic contact details and activities, insofar as these are not apparent from the context;
5° The existence of and procedures for invoking statutory warranties, particularly the statutory conformity warranty and the statutory warranty against latent defects, any commercial warranties and, where applicable, after-sales service, together with information concerning other contractual conditions;
6° The option of using a consumer mediator under the conditions provided for in Title I of Book VI.
The list and precise contents of this information shall be established by decree of the Conseil d’État.
The provisions of this Article also apply to contracts for the supply of water, gas or electricity, including where they are not put up for sale in a limited volume or set quantity, and to district heating. Such contracts shall also refer to the need for restrained consumption that respects environmental conservation.”
Article L. 111-2 of the French Consumer Code: “In addition to the information provided for in Article L. 111-1, every trader shall, before entering into a contract for the supply of services and, where there is no written contract, before performing the service, make available or provide to the consumer, in a legible and comprehensible manner, additional information concerning their contact details, service activities and other contractual conditions, the list and contents of which shall be established by decree of the Conseil d’État.
Additional information that is only provided at the consumer’s request shall also be specified by decree of the Conseil d’État.”
Article L. 216-2 of the French Consumer Code: “All risk of loss of or damage to the goods shall transfer to the consumer when the consumer or a third party designated by the consumer takes physical possession of those goods.”
Article L. 216-3 of the French Consumer Code: “Where the consumer entrusts the goods to a carrier other than the one offered by the trader, the risk of loss of or damage to the goods shall transfer to the consumer when the goods are handed over to the carrier.”
Article L. 221-18 of the French Consumer Code: “The consumer shall have fourteen days in which to exercise the right of withdrawal from a distance contract or a contract entered into following telephone canvassing or off-premises, without having to provide reasons for the decision or incur costs other than those provided for in Articles L. 221-23 to L. 221-25.
The period referred to in the first paragraph shall begin on the day:
1° The contract is entered into, for contracts for the provision of services and those referred to in Article L. 221-4;
2° The goods are received by the consumer or by a third party other than the carrier and designated by the consumer, for contracts for the sale of goods. For contracts entered into off-premises, the consumer may exercise the right of withdrawal from the time the contract is entered into.
For an order covering several goods delivered separately or an order for goods consisting of multiple lots or pieces delivered in stages over a defined period, the period shall begin upon receipt of the last item, lot or piece.
For contracts providing for regular delivery of goods over a defined period, the period shall begin upon receipt of the first item.”
Article L. 221-28 of the French Consumer Code: “The right of withdrawal may not be exercised for contracts:
1° For the provision of services fully performed before the end of the withdrawal period, where performance began following the consumer’s prior express consent and express waiver of the right of withdrawal;
2° For the supply of goods or services whose price depends on fluctuations in the financial market beyond the trader’s control that may occur during the withdrawal period;
3° For the supply of goods made to the consumer’s specifications or clearly personalised;
4° For the supply of goods liable to deteriorate or expire rapidly;
5° For the supply of goods unsealed by the consumer after delivery that cannot be returned for reasons of hygiene or health protection;
6° For the supply of goods which, after delivery and because of their nature, are inseparably mixed with other items;
7° For the supply of alcoholic beverages for which delivery is deferred for more than thirty days and whose value agreed when the contract was entered into depends on market fluctuations beyond the trader’s control;
8° For maintenance or repair work to be carried out urgently at the consumer’s home and expressly requested by the consumer, limited to the spare parts and work strictly necessary to respond to the emergency;
9° For the supply of audio or video recordings or computer software unsealed by the consumer after delivery;
10° For the supply of a newspaper, periodical or magazine, with the exception of subscription contracts for such publications;
11° Entered into at a public auction;
12° For the provision of accommodation services other than residential accommodation, transport of goods, car rental, catering or leisure activities that are to be provided on a specific date or during a specific period;
13° For the supply of digital content not supplied on a tangible medium, where performance began following the consumer’s prior express consent and express waiver of the right of withdrawal.”
Article L. 221-23 of the French Consumer Code: “The consumer shall return or hand back the goods to the trader or a person designated by the trader without undue delay and no later than fourteen days after communicating the decision to withdraw in accordance with Article L. 221-21, unless the trader offers to collect the goods.
The consumer shall bear only the direct cost of returning the goods, unless the trader agrees to bear that cost or failed to inform the consumer that the consumer must bear it. However, for off-premises contracts, where the goods are delivered to the consumer’s home when the contract is entered into, the trader shall collect the goods at its own expense if, by their nature, they cannot normally be returned by post.
The consumer may only be held liable for any reduction in the value of the goods resulting from handling other than that necessary to establish their nature, characteristics and proper functioning, provided that the trader informed the consumer of the right of withdrawal in accordance with Article L. 221-5(2°).”
Article L. 221-24 of the French Consumer Code: “Where the right of withdrawal is exercised, the trader shall refund the consumer all sums paid, including delivery costs, without undue delay and no later than fourteen days from the date on which the trader is informed of the consumer’s decision to withdraw.
For contracts for the sale of goods, unless the trader offers to collect the goods, the trader may defer the refund until the goods have been recovered or until the consumer provides evidence that the goods have been dispatched, whichever occurs first.
The trader shall make the refund using the same means of payment as that used by the consumer for the initial transaction, unless the consumer expressly agrees to another means of payment and provided that the refund does not incur any costs for the consumer.
The trader is not required to refund additional costs if the consumer expressly selected a delivery method more expensive than the standard delivery method offered by the trader.”
Article 217-3 of the French Consumer Code: “The seller shall deliver goods that conform to the contract and to the criteria set out in Article L. 217-5.
The seller shall be liable for any lack of conformity existing when the goods are delivered within the meaning of Article L. 216-1 that becomes apparent within two years of delivery.
In the case of a contract for the sale of goods containing digital elements:
1° Where the contract provides for the continuous supply of digital content or a digital service for a period of two years or less, or where the contract does not specify the supply period, the seller shall be liable for any lack of conformity in that digital content or digital service that becomes apparent within two years of delivery of the goods;
2° Where the contract provides for the continuous supply of digital content or a digital service for a period exceeding two years, the seller shall be liable for any lack of conformity in that digital content or digital service that becomes apparent during the period in which it is supplied under the contract.
For such goods, the applicable period shall not deprive the consumer of the right to updates in accordance with Article L. 217-19.
During the same periods, the seller shall also be liable for any lack of conformity resulting from the packaging, assembly instructions or installation where the seller was responsible for installation under the contract or installation was performed under the seller’s responsibility, or where incorrect installation performed by the consumer as provided for in the contract was caused by shortcomings or errors in the installation instructions provided by the seller.
This warranty period applies without prejudice to Articles 2224 et seq. of the French Civil Code. The limitation period for the consumer’s action shall begin on the day the consumer becomes aware of the lack of conformity.”
Article 1641 of the French Civil Code: “The seller is bound by the warranty against latent defects in the item sold that render it unfit for its intended use or impair that use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, had the buyer been aware of them.”
Article L. 217-8 of the French Consumer Code: “The buyer is entitled to require that the goods conform to the contract. However, the buyer may not challenge conformity by invoking a defect that the buyer knew or could not have been unaware of when entering into the contract. The same applies where the defect originates in materials supplied by the buyer.”
Article 1218 of the French Civil Code: “Force majeure in contractual matters occurs when an event beyond the debtor’s control, which could not reasonably have been foreseen when the contract was entered into and whose effects cannot be avoided by appropriate measures, prevents the debtor from performing their obligation.”