Conditions
The conditions governing any order placed with Bernard Richards Manufacture.
25 articles Approximately 27 minutes' reading Contractual text — reproduced verbatim
The Vendor's activity is the sale of any industrial or artisanal horological, jewellery, decorative or ornamental object.
The Vendor notably ensures the marketing of the aforementioned goods and/or services through the site www.brm-chronographes.com.
The list of goods and services offered for sale online by the vendor may be consulted on the site available at the address www.brm-chronographes.com
The Parties agree that their relationship shall be governed exclusively by this contract, to the exclusion of any conditions previously available on the Seller's website.
The Seller reserves the right to modify these General Terms and Conditions of Sale at any time by publishing a new version on the Site. The General Terms and Conditions of Sale are those in force on the date the order is confirmed.
The Parties agree that photographs of the Goods on sale on the website www.brmchronographes.com have no contractual value.
Definitions
The terms and expressions referred to below mean, when preceded by a capital letter, for the purposes of interpreting and executing these provisions:
Article: the Item or Items that have been the subject of the Order;
Item or Product: any product offered for sale on the Site;
Order: request for Goods or Services made by the Customer to the Seller;
Terms and Conditions of Sale or T&Cs: the general terms and conditions of sale which are the subject of this document;
Contract: refers to the contractual documents specified in Article 3 herein.
Delivery Period: the period between the date of Order Validation and the date of Delivery of the Order to the Customer;
Delivery Charges: cost of charges incurred by the Seller to deliver the Order to the Delivery address indicated by the Customer;
Delivery: dispatch of the Item to the Client;
Delivery Method: designates any standard or express delivery method available on the Site at the time of the Order;
Party(ies): means the Customer and/or the company Bernard Richards Manufacture or the Seller;
Services: means the services associated with the sale offered by Bernard Richards Manufacture to the Customer under this Contract;
Price: the unit value of a Good or Service; this value is inclusive of all taxes and excludes Delivery Charges;
Total Price: the total amount of the cumulative Prices of the Goods and Services that are the subject of the Order; this amount is inclusive of all taxes;
All-Inclusive Price: the Total Price to which is added the price of Delivery Charges; this amount is inclusive of all taxes;
Service: any service offered for sale on the Site; Site: online sales site www.brm-chronographes.com used by the Vendor for the marketing of its Goods / Services;
Territory: has the meaning given to this term in Article 12;
Order Validation: has the meaning given in Article 5;
Seller: means the company Bernard Richards Manufacture
Online Sale: commercialisation of the Seller's Goods and Services via the Site;
References to Articles are references to articles of this Contract, unless otherwise provided. Any reference to the
singular includes the plural and vice versa. Any reference to one gender includes the other gender.
The purpose of this Contract is to define the rights and obligations of the Parties within the framework of the Online Sale of the Goods and Services offered for sale by the Seller to the Customer.
These general terms and conditions express the entirety of the Parties' obligations. As such, the Customer is deemed to accept them without reservation.
These General Terms and Conditions of Sale apply to the exclusion of all other conditions, particularly those applicable to in-store sales or by means of other distribution and marketing channels.
They are accessible on the website www.brm-chronographes.com and shall prevail, where applicable, over any other version or any other contradictory document.
The Seller and the Customer agree that these general terms and conditions exclusively govern their relationship. The Seller reserves the right to modify its general terms and conditions from time to time. They shall apply from the moment they are placed online.
If a term of sale were to be missing, it would be considered to be governed by the practices in force in the distance selling sector for companies with their registered office in France.
The Customer declares that he has read these General Terms and Conditions of Sale and accepted them before making an immediate purchase or placing an order. Validation of the Order constitutes acceptance without restriction or reservation of these General Terms and Conditions of Sale. In this regard, they may be enforced against him, in accordance with the terms of Article 1119 of the Civil Code.
These General Terms and Conditions of Sale apply to all sales of Goods and Services by the Seller made through the Site.
This Contract comes into effect on the date of Order Validation as defined in Article 5.
The Contract is concluded for the duration necessary to supply the Goods and Services, until the expiry of the guarantees and obligations owed by the Seller.
3.1. The Contract comprises the following contractual documents, presented in ascending order of legal precedence:
– the General Terms and Conditions of Sale, – the Order(s) (hereinafter the "Contract")
3.2. In the event of a conflict between one or more provisions appearing in one of these documents, the document of higher rank shall prevail.
4.1. The Customer acknowledges having received, prior to placing their order and concluding the Contract, in a legible and comprehensible manner, these General Terms and Conditions of Sale and all the information listed in Article L.221-5 of the Consumer Code.
4.2. The following information is transmitted to the Customer in a clear and comprehensible manner: – the essential characteristics of the Good or Service; – the price of the Good or Service; – the method of calculating the All-Inclusive Price and, where applicable, all additional transport, delivery or postage costs and all other possible costs; – in the absence of immediate execution of the Contract, the
date or period within which the Service Provider undertakes to deliver the good or execute the service, whatever its price; – information relating to the identity of the service provider, its postal, telephone and electronic contact details, and its activities, information relating to legal guarantees, the functionalities of digital content and, where applicable, its interoperability, the existence and conditions for implementing guarantees and other contractual conditions.
4.3. The Seller communicates the following information to the Customer: – its name or company name, the geographical address of its establishment and, if different, that of its registered office, its telephone number and electronic address; – the methods of payment, delivery and execution of the Contract, as well as the methods provided by the professional for handling complaints; – in the event of sale, the existence and conditions for exercising the legal guarantee of conformity provided
for in articles L.217-1 et seq. of the Consumer Code, the guarantee against hidden defects provided for in articles 1641 et seq. of the Civil Code, as well as, where applicable, the commercial guarantee and after-sales service respectively referred to in articles L.217-15 and L.217-17 of the Consumer Code; – the duration of the contract, when it is concluded for a fixed term, or the conditions for its termination in the case of an open-ended contract.
4.4. The Seller indicates, with regard to digital content: – any relevant interoperability of this content
with certain hardware or software of which the professional has or should reasonably have knowledge.
5.1. Orders are placed on the website www.brm-chronographes.com.
5.2. The contractual information is presented in French.
5.3. To place an order: the Customer follows the successive ordering steps shown on the site, namely: – selecting the chosen item(s) (including any configured ones) under “my cart”, – Customer identification under “details” (if they hold a customer account with the Company, by
their e-mail address (login) and password; if not, they must create one by completing the registration form for the Company's member area), – the delivery terms and conditions under “delivery”, – the payment terms under “payment”, – and completion of the order under “confirmation”.
The Customer's attention is particularly drawn to the method of acceptance of the order placed on the website www.brm-chronographes.com. When the Customer places his order, he must confirm it by the "double-click" technique; that is to say, after having selected products added to the basket, the Customer must check and possibly correct the contents of his basket (identification, quantity of products selected, price, delivery methods and costs…), fill in his bank details, accept these General Terms and Conditions of Sale by ticking the box provided for this purpose and then clicking on the "Next" button; finally he validates his order by clicking on "Order". The "double click" constitutes "electronic signature" and is equivalent to a manuscript signature. It constitutes an irrevocable and unreserved acceptance of the order by the Customer. Except proof to the contrary, the data recorded by Bernard Richards Manufacture on the Internet or by telephone constitute proof of all transactions entered into between the company and its customers.
The contractual information relating to the order (including in particular the order number) will be confirmed by e-mail in due course and at the latest at the time of delivery. Bernard Richards Manufacture strongly advises the Customer to print and/or archive this order confirmation on a reliable and durable medium as proof.
5.4. The information provided by the Customer when placing the order (in particular name and delivery address) is binding upon the Customer. Consequently, the liability of the company Bernard Richards Manufacture cannot in any way be sought in the event that an error when placing the order prevents or delays delivery.
Delivery shall take place at the delivery address indicated by the Customer when placing the Order. When carrying out the various stages of the Order mentioned above, the Customer undertakes to comply with these contractual conditions by application of Article 1366 of the Civil Code.
5.5. In accordance with Article L.122-1 of the Consumer Code, the company Bernard Richards Manufacture reserves the right to refuse the Order if it is abnormal, placed in bad faith or for any other legitimate reason, and in particular, when there is a dispute with the Customer concerning the payment of a previous order placed with Bernard Richards Manufacture or with another commercial website.
5.6. The Customer declares that he has full legal capacity enabling him to commit himself under these general terms and conditions of sale.
5.7. The Customer will receive by electronic means and without delay a confirmation of acceptance of payment of the Order, then an acknowledgement of receipt constituting confirmation of the Order (the "Order Confirmation"), followed subsequently by confirmation of despatch of the Order.
5.8. The sale will be considered final: – after sending to the Customer the confirmation of acceptance of the
Order by the Vendor by electronic mail; – and after receipt by the Vendor of the Price in full.
5.9. Any order constitutes acceptance of the prices and descriptions of the Products available for sale. Any dispute on this point shall occur within the framework of a possible exchange and the guarantees mentioned below.
In certain cases, particularly non-payment, incorrect address or other problem with the Customer's account, the Seller reserves the right to block the Customer's Order until the problem is resolved.
Cancellation of the Order for this Product and any refund thereof shall then be processed, with the remainder of the order remaining firm and final.
For any questions regarding order tracking, the Customer must call 01.61.02.00.25 (cost of a local call).
The online provision of the Customer's bank card number and the final validation of the Order shall constitute proof of the Customer's
agreement: – liability for the sums due under the order form, – signature and express acceptance of all operations carried out.
In the event of fraudulent use of the bank card, the Customer is invited, as soon as such use is discovered, to file a complaint with the authorities and to inform Bernard Richards Manufacture by email or by recorded delivery letter.
The Seller provides the Customer with a copy of the Contract, either on paper signed by the Parties, upon express request from the Customer, or by email, confirming the express commitment of the Parties, accompanied by these General Terms and Conditions of Sale.
The computerised registers, stored in the Customer's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments made between the Parties. The archiving of order forms and invoices is carried out on a reliable and durable medium that can be produced as proof.
The Goods and Services governed by these general conditions are those which appear on the Vendor's Internet Site and which are indicated as sold and dispatched by the Vendor. They are offered subject to available stock.
The Goods and Services are described and presented as accurately as possible. However, should errors or omissions have occurred in this presentation, the Vendor's liability could not be engaged.
Photographs of the Products are not contractual.
The Price of Goods and Services sold on the Site is indicated respectively by item and reference or by service and by reference.
The Vendor reserves the right to modify its prices at any time but undertakes to apply the tariffs in force indicated at the time of the Order, subject to availability on that date.
The validity period of offers and prices is determined by updates to the site.
Prices are shown in euros. They do not include delivery costs, charged in addition, and indicated before Order Validation. Prices include VAT applicable on the date of the Order and any change in the applicable VAT rate will be automatically reflected in the price of Products
in the online shop. Payment of the full price must be made at the time of the Order. At no time may the sums paid be considered as deposits or part payments. Telecommunication costs inherent in accessing the Site remain the exclusive responsibility of the Customer.
If one or more taxes or contributions, particularly environmental ones, were to be created or modified, whether upwards or downwards, this change may be reflected in the sale price of the Products.
This is an Order with payment obligation, which means that placing the Order implies payment by the Customer.
To settle his Order, the Customer has at his disposal, at his choice, all the payment methods made available by the Seller and listed on the Seller's website. The Customer guarantees to the Seller that he holds any authorisations that may be necessary to use the payment method chosen by him when Validating the Order.
The Order will only be considered accepted by Bernard Richards Manufacture once the relevant payment centres have given their approval and Bernard Richards Manufacture has validated the Order in accordance with its risk acceptance criteria. In the event of acceptance by the payment centre and by Bernard Richards Manufacture, the Customer will be informed by confirmation of the Order sent by email. In the event of refusal, the order will be automatically declined and the Customer will likewise be informed by email.
The Vendor implements all means to ensure the confidentiality and security of data transmitted on the Site.
Payments made by the Customer shall only be considered final upon actual receipt of the sums due by the Seller.
12.1. Delivery Method The Customer chooses one of the Delivery Methods offered on the Site when placing the Order.
12.2. Delivery Address The Customer chooses a Delivery address necessarily located within the Territory, failing which the Order will be refused. The Customer is solely responsible for any failure of Delivery due to insufficient information provided when placing the Order.
12.4. Territory The list of countries where delivery is possible: Andorra, Germany, Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Spain, Estonia, Finland, France, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Czech Republic, Romania, United Kingdom, Slovakia, Slovenia, Switzerland, Singapore, USA, Canada, Malaysia, Philippines, Bosnia, Finland, Monaco, Montenegro, Republic of Macedonia, Hong Kong.
12.5. It is specified that under no circumstances may delivery be made to hotels or post office boxes. However, delivery may also take place, at the customer's discretion, at the point of sale of an Authorised Retailer of the Company to be chosen from the list on the Site where applicable.
12.5. Amount of Delivery Charges The amount of Delivery Charges depends on the amount of the Order and the delivery method chosen by the Customer. In any event, the amount of Delivery Charges is indicated to the Customer before Validation of the Order.
12.6. Delivery Times Delivery Times are available on the Site and may vary depending on the availability of the Goods that are the subject of the Order. Delivery Times are expressed in working days and correspond to the average times for preparation and dispatch of the Order within the Territory. Delivery Times run from the date of Confirmation of the Order by Bernard Richards Manufacture, such acceptance to be formalised by the sending of an electronic message to the Customer informing them in particular of the status of their Order being prepared.
12.5. Delivery Delay In the event of a Delivery delay, the Order is not cancelled. The Seller informs the Customer by electronic mail that Delivery will take place with a delay not exceeding fifteen (15) working days, except in cases of force majeure (article 15).
12.6. Delivery Tracking The Customer may track the progress of the processing of the Order when the carrier's website permits. In this regard, a delivery tracking link may be sent to the customer at the time of dispatch of their Order. Bernard Richards Manufacture cannot be held responsible for the delivery times of the service providers in charge of transport.
12.7. Verification of the Order upon arrival The Customer is required to check the condition of the packaging and the Articles upon Delivery. It is the Customer's responsibility to make such reservations and complaints as he considers necessary, or even to refuse the parcel, when the parcel is manifestly damaged upon Delivery. Such reservations and complaints must be sent to the carrier by recorded delivery letter with acknowledgement of receipt within three working days, not including public holidays, following the date of Delivery of the Goods. The Customer must also send
a copy of this letter to the Seller. Failure to make a complaint within the aforementioned period extinguishes any action against the carrier in accordance with article L.133-3 of the Commercial Code. The Customer must ensure that the Goods delivered to him correspond to the Order. In the event of non-conformity of the Goods in nature or quality with the specifications mentioned in the delivery note, the Customer must inform the Seller's Customer Service by electronic mail and return the Goods to the address indicated in the conditions of Article 13.
In accordance with distance selling legislation, the Customer has a right of withdrawal of fourteen (14) days from receipt of the Product (watch or any item ordered online from the Seller's website www.brm-chronographes.com).
Products must be returned in their packaging and in perfect condition within fourteen (14) days following notification to the Seller of the Customer's decision to withdraw.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.), enabling their resale as new, accompanied by the purchase invoice.
Products that are damaged or soiled or show signs of use or are incomplete will not be accepted. In these cases, the right of withdrawal could not apply and the Product would be immediately returned to the Customer, at their exclusive cost which must be settled before re-dispatch by the company Bernard Richards Manufacture
The right of withdrawal may be exercised using the withdrawal form available by clicking here. In that case, an acknowledgement of receipt on a durable medium will be sent to the Customer immediately. Any other means of declaring withdrawal is accepted, provided it is unambiguous and expresses the intention to withdraw. Where the right of withdrawal is exercised within the above period, the price of the Product(s) purchased and the delivery costs are refunded in the form of a credit note, the return costs being borne entirely by the Customer.
Reimbursement of this Product by Bernard Richards Manufacture shall be made within fourteen (14) days of receipt of the Product. It is therefore your responsibility to take all necessary measures to ensure that the return conditions for the Product are as secure as possible and to take out any necessary insurance in the event of loss or theft of the Product, no reimbursement being possible if the Product is not actually received by Bernard Richards Manufacture.
It is furthermore recalled that the Seller offers the Customer the possibility either of purchasing a Product directly, within the limits of available stock, or of customising one according to the specifications as proposed on the Website.
The Customer's attention is urgently drawn to the fact that the company Bernard Richards Manufacture holds few watches in stock, constituting exceptions which are indicated, in addition to, but exceptionally, pre-owned watches.
With the exception of these cases (stock, pre-owned), each watch is manufactured to order according to the client's specifications, or indeed the personalisation they desire.
Gold, article L.221-28 of the Consumer Code excludes the right of withdrawal for the supply of goods made to the consumer's specifications.
14.1. Legal guarantee of conformity and legal guarantee against hidden defects
The Customer may exercise these guarantees by sending their request to:
The company BERNARD RICHARDS MANUFACTURE 'B.R.M' 2
Impasse de l'Aubette – 95420 MAGNY-EN-VEXIN
When the Customer acts under the legal guarantee of conformity, he: – will benefit from a period of two (2) years from the delivery of the good to act; – may choose between repair or replacement of the good subject to the cost conditions provided for by article L.217-98 of the Consumer Code; – will be dispensed from providing proof of the existence of the defect of conformity of the good during the six
(6) months following delivery of the good. The guarantee of conformity will apply independently of any commercial guarantee granted. The Customer may also decide to invoke the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code and, in this case, he may choose between rescission of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.
14.2. Commercial guarantee The Products sold are also covered by a commercial guarantee aimed at guaranteeing
their conformity and ensuring reimbursement of the purchase price, replacement or repair of the goods.
It does not cover defects caused by abnormal or improper use or resulting from a cause unrelated to the intrinsic qualities of the Products.
The foregoing provisions are not exclusive of the application of the statutory guarantee of conformity under Article L.217-4 of the Consumer Code and the guarantee against defects in the item sold under Articles 1641 et seq. of the Civil Code.
Any circumstances beyond the parties' control preventing the performance of their obligations under normal conditions shall be considered as grounds for exemption from the parties' obligations and shall result in their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence and cessation.
Shall be considered as cases of force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, independent of the will of the Parties and which cannot be prevented by the latter, despite all reasonably possible efforts.
Expressly considered as cases of force majeure or fortuitous events, in addition to those habitually recognised by the jurisprudence of French courts and tribunals: the blocking of means of transport and supply, earthquakes, fires, storms, floods, lightning, the interruption of telecommunications networks or difficulties specific to telecommunications networks external to customers.
As Bernard Richards Manufacture is a true manufacture, the following shall also be considered cases of force
majeure: – machine breakdowns – delivery disruptions by suppliers of materials required for the manufacture of watches.
The Parties will confer to examine the impact of the event and agree the conditions under which performance of the contract will continue. If the case of force majeure lasts longer than three months, the Sale may be terminated by the aggrieved party.
The Seller's brand Bernard Richards Manufacture, as well as all figurative or non-figurative marks and more generally all other marks, illustrations, images and logotypes appearing on the Goods, their accessories and their packaging, whether registered or not, are and shall remain the exclusive property of the Seller. Any total or partial reproduction, modification or use of these marks, illustrations, images and logotypes, for whatever reason and on whatever medium, without the express prior consent of the Seller, is strictly forbidden. The same applies to any combination or conjunction with any other mark, symbol, logotype and more generally any distinctive sign intended to form a composite logo. The same applies to all copyright, designs, models and patents which are the property of the Seller.
Furthermore, the content of the Website (technical documents, drawings, photographs, etc.) remains the property of the Seller, sole holder of the intellectual property rights to this content.
Customers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and is liable to constitute an offence of counterfeiting.
Please note that certain information is mandatory and necessary for processing your request. Failure to complete a mandatory field may compromise the proper handling of your enquiry.
The personal data provided by the Customer are necessary for the processing of his order and the preparation of invoices.
They may be disclosed to the Seller's partners responsible for order fulfilment, processing, management and payment.
We will only process or use your data to the extent necessary to contact you, handle your requests, create and manage your user profile, create and manage your access to our online services or carry out statistical studies.
The Customer has a permanent right of access, modification, rectification and objection regarding information concerning them. This right may be exercised under the conditions and according to the procedures defined on the website www.brm-chronographes.com.
If any of the provisions of the general conditions is declared invalid or unenforceable by application of the law, a regulation or a final court decision, it shall therefore be deemed unwritten; the other provisions of the general conditions shall retain their full force and effect.
The Parties undertake, insofar as possible, to work together to establish a new clause whose spirit and letter shall be as close as possible to the former clause declared null and void.
It is formally agreed that any tolerance or waiver granted by Bernard Richards Manufacture for the benefit of the Customer in the application of all or part of the undertakings provided for in these General Terms and Conditions, whatever the frequency and duration, shall not constitute a modification of these General Terms and Conditions, nor generate any right whatsoever.
In the event of any difficulty of interpretation between any of the headings appearing at the top of the clauses and any of the clauses, the headings shall be deemed non-existent.
Neither party may make commitments in the name and/or on behalf of the other Party. Furthermore, each Party remains solely responsible for its statements, commitments, services, products and personnel.
Any modification to the Contract is only valid if it is made in writing and validated by both parties. This also applies to any waiver of the requirement for a written modification. Supplementary agreements concluded only verbally are not valid. In the event of a contract modification (change of delivery or billing address, etc.), the customer may not turn against Bernard Richards Manufacture and shall be solely responsible for any additional costs which he undertakes to settle or hold Bernard Richards Manufacture liable for any additional delays/costs, etc.
All declarations and communications from the Customer relating to the Contract that are of legal significance, such as setting deadlines, claiming defects, declarations of withdrawal or reduction, must be submitted in writing in the form of a letter, email or fax.
These General Terms and Conditions of Sale are drafted in French. Should they be translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
By virtue of article L.612-1 of the Code de la Consommation "Every consumer has the right to use a consumer mediator free of charge with a view to the amicable resolution of the dispute opposing them to a professional."
Disputes falling within the scope of Article L.612-1 of the Consumer Code are disputes defined in Article L.611-1 of the Consumer Code, namely disputes of a contractual nature concerning the performance of a contract for the sale or supply of services between a consumer and a trader. The text covers domestic disputes and cross-border disputes.
Should you experience any difficulties, we invite you to contact us beforehand or to contact our after-sales service:
Bernard Richards Manufacture
Telephone: 01.61.02.00.25
Email: info@brm-manufacture.com
After-sales service
Telephone: 03.44.49.71.29
Email: customer.service@brm-manufacture.com
In accordance with the provisions of the Consumer Code on the amicable settlement of disputes, Bernard Richards Manufacture is a member of the e-commerce Mediator Service of Sas Médiation Solution, whose contact details are as follows:
Madame Eliane SIMON, mediator
Sas Médiation Solution
222 chemin de la bergerie
01800 Saint Jean de Niost
Tel. 04 82 53 93 06
contact@sasmediationsolution-conso.fr
https://www.sasmediationsolution-conso.fr
Following prior written communication from you, the Mediation Service may be contacted for any consumer dispute that has not been resolved. To learn how to contact the Mediator, click here.
Furthermore, the European Commission has established a dispute resolution platform intended to collect any complaints from consumers following an online purchase in order to then transmit them to the competent national mediators. This platform is accessible here.
In the absence of an amicable agreement between the Parties, the dispute shall be submitted to the French Courts.
The Contract is governed by French law.
In the event of a dispute, the Customer undertakes to contact Bernard Richards Manufacture as a priority in order to attempt to resolve amicably any disagreement that may arise between the Parties.
In the absence of conciliation between the Parties, all disputes to which this Agreement may give rise, concerning its validity, interpretation, performance, termination, consequences and effects, shall fall under the exclusive jurisdiction of the courts of PARIS, notwithstanding plurality of defendants or third-party proceedings.
Article L.217-4 of the Consumer Code The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. He is also
liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been entrusted to him by the contract or has been carried out under his responsibility.
Article L.217-5 of the Consumer Code The goods conform to the contract: 1° If they are fit for the purpose usually expected of similar goods and, where applicable: – if they correspond to the description given by the seller and possess the qualities which he presented to the buyer in the form of a sample or model; – if they possess the
qualities which a buyer may legitimately expect having regard to the public statements made by the seller, the producer or his representative, particularly in advertising or labelling; 2° Or if they present the characteristics mutually agreed upon by the parties or are fit for any specific use sought by the buyer, brought to the seller's attention and which the latter has accepted.
Article L.217-12 of the Consumer Code The action resulting from lack of conformity is
subject to a limitation period of two years from the delivery of the goods.
Article L.217-16 of the Consumer Code When the buyer requests the seller, during the course of the commercial warranty granted to him upon the acquisition or repair of movable goods, for restoration covered by the warranty, any period of immobilisation of at least seven days shall be
added to the duration of the warranty that remained to run. This period runs from the date of the buyer's request for intervention or from the date the goods in question are made available for repair, if this making available is subsequent to the request for intervention.
Article 1641 of the Civil Code The seller is bound by a warranty against hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish that use that the buyer would not have acquired it, or would have given only a lesser price, had he known of them. Article 1648 of
the Civil Code The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, on pain of forfeiture, within one year following the date on which the seller may be discharged from apparent defects or lack of conformity.
Text reproduced word for word from the B.R.M boutique — page 'T&Cs', CMS identifier 17 (view the original page). No sentence has been rewritten: only the formatting from the old theme has been removed.
