1° The value that the goods would have if there were no lack of conformity;
2° The significance of the lack of conformity; and
3° Any possibility of opting for the other choice without major inconvenience for the consumer.
The seller may refuse to bring the goods into conformity if this is impossible or would entail disproportionate costs, particularly with regard to 1° and 2°.
Where these conditions are not met, the consumer may, after formal notice, pursue compulsory performance in kind of the solution initially sought, in accordance with articles 1221 et seq. of the Civil Code.
Any refusal by the seller to proceed according to the consumer’s choice or to bring the goods into conformity shall be justified in writing or on a durable medium.