A.-Inserted in the general terms and conditions of sale of goods (excluding pets)
The consumer has a period of two years from delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.
Where the contract for the sale of the goods provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal guarantee shall apply to that digital content or digital service throughout the period of supply provided for. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or digital service and not the date of its appearance. The legal guarantee of conformity entails an obligation on the part of the trader, where applicable, to provide all updates necessary to maintain the conformity of the goods. The legal guarantee of conformity gives the consumer the right to repair or replace the goods within thirty days of his request, free of charge and without any major inconvenience to him. If the goods are repaired under the legal conformity guarantee, the consumer benefits from a six-month extension of the initial guarantee. If the consumer asks for the good to be repaired, but the seller requires it to be replaced, the legal guarantee of conformity is renewed for a period of two years from the date on which the good is replaced. The consumer may obtain a reduction in the purchase price by keeping the goods or terminate the contract by obtaining a full refund against return of the goods, if : 1° The trader refuses to repair or replace the goods; 2° The goods are repaired or replaced after a period of thirty days; 3° The repair or replacement of the goods causes a major inconvenience for the consumer, in particular where the consumer definitively bears the cost of taking back or removing the non-conforming goods, or if he bears the cost of installing the repaired or replacement goods; 4° The non-conformity of the goods persists despite the seller’s attempt to bring them into conformity remaining unsuccessful. The consumer is also entitled to a reduction in the price of the goods or to rescission of the contract where the lack of conformity is so serious that it justifies an immediate reduction in the price or rescission of the contract. In such cases, the consumer is not obliged to ask for the goods to be repaired or replaced beforehand. The consumer is not entitled to rescind the sale if the lack of conformity is minor. Any period of immobilisation of the goods with a view to their repair or replacement suspends the guarantee that remained in force until delivery of the repaired goods. The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the French Consumer Code. A seller who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual turnover (article L. 241-5 of the Consumer Code). The consumer also benefits from the legal guarantee against hidden defects pursuant to articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the good is kept or to a full refund in return for the return of the good. |
B.-Box inserted in the general terms and conditions of sale and exchange of pets
The consumer benefits from the action in warranty against redhibitory defects provided for by the articles L. 213-1 to L. 213-9 of the rural and maritime fishing code. This guarantee gives the right, under the conditions and within the time periods specified by the provisions of this code, to a price reduction if the animal is kept or to a full refund in return for the return of the animal.
By agreement to the contrary, the consumer also benefits from the legal guarantee against hidden defects in application of articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the animal is kept or to a full refund if the animal is returned. |