Preamble
The seller’s activity is the sale of any industrial or craft object of watchmaking, jewelry, decoration or adornment.
The Seller ensures in particular 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 Seller can be consulted on the site available at www.brm-chronographes.com. The Parties agree that their relations will be governed exclusively by this contract, at the exclusion of any condition previously available on the Seller’s website.
The Seller reserves the right to modify these General Conditions of Sale at any time by publishing a new version on the Site. The General Conditions of Sale are those in force on the date of validation of the order.
The Parties agree that the photos of the Goods for sale on the site www.brm-chronographes.com have no contractual value.
Definitions
The terms and expressions referred to below mean, when they are preceded by a capital letter, for the purposes of the interpretation and execution of the present:
Article: the Property (s) which have been the subject of the Ordered;
Good or Product: any product offered for sale on the Site;
Order: request for Goods or Services made by the Customer from the Seller;
General Conditions of Sale or GTC: the general conditions of sale which are the subject of these presents;
Contract: refers to the contractual documents referred to in Article 3 hereof.
Delivery Time: period between the date of Validation of the Order and the date of Delivery of the Order to the Customer;
Delivery Costs: cost of the costs incurred by the Seller to deliver the Order to the Delivery address indicated by the Customer;
Delivery: shipment of the Item to the Customer;
Delivery Method: refers to any standard or express delivery method available on the Site at the time of the Order;
Party (s): means the Client and / or the Bernard Richards Manufacture company or the Seller;
Services: refers to the services associated with the sale offered by Bernard Richards Manufacture to the Client under this Contract;
Price: the unit value of a Good or a Service; this value is inclusive of all taxes and excluding Delivery Costs;
Total Price: the total amount of the cumulative Prices of the Goods and Services which 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 the Delivery Costs; 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 Seller for the marketing of its Goods / Services;
Territory: has the meaning given to this term in Article 12;
Validation of the Order: has the meaning given in Article 5;
Seller: refers to the company Bernard Richards Manufacture
Online Sale: marketing of the Seller’s Goods and Services via the Site;
References to Articles are references to articles of this Agreement, unless otherwise provided.
Any reference to the singular includes the plural and vice versa.
Any reference to one genre includes the other genre.
Article 1 – Purpose and Scope
The purpose of this Contract is to define the rights and obligations of the Parties in the context of the Online Sale of Goods and Services offered for sale by the Seller to the Customer.
These general conditions express all the obligations of the Parties. In this sense, the Customer is deemed to accept them without reservation.
These General Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
They are accessible on the Website www.brm-chronographes.com and will prevail, where applicable, over any other version or any other contradictory document.
The Seller and the Customer agree that these general conditions exclusively govern their relationship. The Seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put online.
If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France.
The Customer declares to have read these General Conditions of Sale and to have accepted them before purchasing immediately or placing an order. The validation of the Order implies acceptance without restriction or reservation of these General Conditions of Sale. In this regard, they are enforceable against it, in accordance with the terms of article 1119 of the Civil Code.
These General Conditions of Sale are applicable to all sales of Goods and Services by the Seller made through the Site.
Article 2 – Entry into force and Duration
This Contract enters into force on the date of Validation of the Order as defined in Article 5.
The Contract is concluded for the period necessary for the supply of the Goods and Services, until the expiry of the guarantees and obligations due. by the Seller.
Article 3 – Contractual documents
3.1. The Contract is made up of the following contractual documents, presented in hierarchical order of increasing legal value:
– the General Conditions of Sale,
– the Order (s) (hereinafter the “Contract”)
3.2. In the event of a conflict between one and / or more provisions appearing in any of these documents, the higher-ranking document shall prevail.
Article 4 – Pre-contractual information
4.1. The Customer acknowledges having communicated, prior to placing his order and concluding the Contract, in a readable and understandable manner, these General Conditions of Sale and all the information listed in article L.221-5. of the Consumer Code.
4.2. The following information is sent to the Customer in a clear and understandable manner:
– the essential characteristics of the Good or the Service;
– the price of the Good or the Service;
– the method of calculating the All-Inclusive Price and, if 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 the period at which the Service Provider undertakes to deliver the goods or perform the service, whatever its price;
– information relating to the identity of the service provider, his postal, telephone and electronic contact details, and his activities, those relating to legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, to the existence and the terms of implementation of guarantees and other contractual conditions.
4.3. The Seller provides the Customer with the following information:
– his name or company name, the geographical address of his establishment and, if it is different, that of the head office, his telephone number and his e-mail address;
– the terms of payment, delivery and performance of the Contract, as well as the terms provided by the professional for handling complaints:
– in the event of a sale, the existence and terms of exercise of 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 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 event of a contract of indefinite duration.
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 is or should reasonably be aware.
Article 5 – The Order – Order Confirmation
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 various order steps scrolling on the site, namely:
– the selection of the item (s) chosen (including those possibly configured) by the “my basket” section,
– Customer identification by the “contact details” section (if he has a customer account with the Company, by his e-mail address (username) and password; if he does not have a customer account with the Company, he must create one by completing the registration form in the Company’s member area),
– the terms and conditions of delivery by the “delivery” section,
– the terms of payment by the “payment” section
– and the finalization of the order by the “confirmation” section.
The Customer’s attention is particularly drawn to the method of accepting 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 that after having selected products added to the basket, the Customer must check and possibly correct the content of his basket (identification, quantity of products selected, price, terms and delivery costs, etc.), fill in his bank details, accept these GTC by checking the box provided for this purpose then clicking on the “Next” button, finally he validates his order by clicking on “Order.” The “double click” is equivalent to “electronic signature” and is equivalent to a handwritten signature. It constitutes an irrevocable and unreserved acceptance of the order by the Customer. Unless proven otherwise, the data recorded by Bernard Richards Manufacture on the Internet or by telephone constitute proof of all transactions 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 good time and at the latest at the time of delivery / issue. Bernard Richards Manufacture strongly advises the Customer to print and / or archive on a reliable and durable medium this order confirmation as proof.
5.4. The information communicated by the Customer when placing the order (in particular name and delivery address) binds the latter. Thus, the responsibility of the company Bernard Richards Manufacture can in no way be sought in the event that an error when placing the order would prevent or delay delivery / issue.
Delivery will take place at the delivery address indicated by the Customer when placing the Order. When carrying out the various stages of the aforementioned Order, 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 Bernard Richards Manufacture company reserves the right to refuse the Order if it is abnormal, made 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 merchant site.
5.6. The Customer declares to have full legal capacity allowing him to engage under these general 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 acknowledgment of receipt confirming the Order (the “Confirmation of the Order”) then subsequently confirmation of the shipment of the Order.
5.8. The sale will be considered final:
– after sending the Customer confirmation of acceptance of the Order by the Seller by email;
– and after receipt by the Seller of the full Price.
5.9. Any order implies acceptance of the prices and descriptions of the Products available for sale. Any dispute on this point will occur within the framework of a possible exchange and the guarantees mentioned below.
In certain cases, in particular non-payment, incorrect address or other problem on the Customer’s account, the Seller reserves the right to block the Customer’s Order until the problem is resolved.
The cancellation of the Order for this Product and its possible refund will then be made, the rest of the order remaining firm and final.
For any question relating to the follow-up of an order, the Customer must call 01.61.02.00.25 (cost of a local call).
Article 6 – Electronic signature
The online supply of the Customer’s bank card number and the final validation of the Order will constitute proof of the Customer’s agreement:
- payment of the sums due under the order form,
- signature and express acceptance of all the operations carried out.
In the event of fraudulent use of the bank card, the Customer is invited, as soon as this use is noted, to file a complaint with the authorities and to notify Bernard Richards Manufacture by email or by registered letter.
Article 7 – Confirmation of the Order
The Seller provides the Customer with a copy of the Contract, either on paper signed by the Parties, at the Customer’s express request, or by email, confirming the express commitment of the Parties, accompanied by these General Conditions of Sale.
Article 8 – Proof of the transaction
The computerized registers, kept in the Customer’s computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the Parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium which can be produced as proof.
Article 9 – Information on the Goods and Services
The Goods and Services governed by these general conditions are those which appear on the Seller’s website and which are indicated as sold and shipped by the Seller. They are offered within the limits of available stocks.
The Goods and Services are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the responsibility of the Seller could not be engaged.
The photographs of the Products are not contractual.
Article 10 – Price of Goods and Services and Conditions of Validity
The price of Goods and Services sold on the Site is indicated respectively by article and reference or by service and by reference.
The Seller reserves the right to modify its prices at any time but undertakes to apply the prices in force indicated at the time of the Order, subject to availability on that date.
The period of validity of the offers and prices is determined by updating the Site.
Prices are in euros. They do not consider the delivery costs, invoiced in addition, and indicated before the Validation of the Order. The prices take into account the VAT applicable on the day of the Order and any change in the applicable VAT rate will be automatically reflected in the price of the Products in the online store. Payment of the full price must be made at the time of the Order. At no time can the sums paid be considered as a deposit or down payment.
Telecommunications costs inherent in accessing the Site remain the sole responsibility of the Customer.
If one or more taxes or contributions, in particular environmental, were to be created or modified, up or down, this change could be reflected in the selling price of the Products.
Article 11 – Method of Payment
This is an Order with obligation to pay, which means that the placing of the Order implies payment by the Customer.
To pay for his Order, the Customer has his choice of all the payment methods made available to him by the Seller and listed on the Seller’s website. The Customer guarantees the Seller that he has the necessary authorizations to use the payment method chosen by him, when Validating the Order.
The Order will only be considered as accepted by Bernard Richards Manufacture when the bank payment centers concerned have given their agreement and Bernard Richards Manufacture has validated the Order with regard to its risk acceptance criteria. If the file is accepted by the payment center and by Bernard Richards Manufacture, the Customer will be informed by sending the Order confirmation by email. If the file is refused, the order will be automatically refused, and the Customer will also be informed by email.
The Seller implements all means to ensure the confidentiality and security of data transmitted on the Site.
Payments made by the Customer will only be considered final after effective collection of the sums due by the Seller.
Article 12 – Delivery of the Order
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 in the Territory, under penalty of refusal of the Order. The Customer is solely responsible for a delivery defect due to a lack of indication during 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, 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 in no case can delivery be made to hotels or PO boxes.
However, delivery can also take place, at the customer’s discretion, at the point of sale of an Authorized Retailer of the Company to be chosen from the list on the Site, if applicable.
12.5. Delivery Fee Amount
The amount of the Delivery Costs depends on the amount of the Order and the delivery method chosen by the Customer. In any case, the amount of the Delivery Costs is indicated to the Customer before the 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 have been the subject of the Order.
The Delivery Times are understood in working days and correspond to the average preparation and delivery times of the Order in the Territory.
The Delivery Times run from the date of the Confirmation of the Order by Bernard Richards Manufacture, which acceptance will be formalized by sending an electronic message to the attention of the Customer informing him in particular of the status of his Order being prepared.
12.5. Late Delivery
In the event of late Delivery, the Order is not canceled.
The Seller informs the Customer by e-mail that the Delivery will take place with a delay which will not exceed fifteen (15) working days, except in cases of force majeure (article 15).
12.6. Monitoring of the Delivery
The Customer can follow the progress of the processing of the Order when the carrier’s site allows it.
In this regard, a delivery tracking link can be sent to the customer at the time of shipment of his Order.
Bernard Richards Manufacture cannot be held responsible for the delivery times of service providers in charge of transport.
12.7. Verification of the Order on arrival
The Customer is required to check the condition of the packaging as well as the Items upon Delivery.
It is up to the Customer to make the reservations and complaints he considers necessary, or even to refuse the package, when the package is clearly damaged on Delivery. Said reservations and complaints must be sent to the carrier by registered letter with acknowledgment of receipt within three working days, not including public holidays, which follow 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 afore mentioned 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-compliance of the Goods in kind or in quality with the specifications mentioned in the Delivery slip, the Customer must inform the Seller’s Customer Service by e-mail and return the Goods to the address indicated in the conditions of the Article 13.
Article 13 – Right of withdrawal
In accordance with the law on distance selling, the Customer has a right of withdrawal of fourteen (14) days from receipt of the Product (watch or any object ordered via the Internet on the Seller’s website www.brm-chronographes .com).
The Products must be returned in their packaging and in perfect condition within fourteen (14) days of notifying the Seller of the Customer’s decision to withdraw.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be remarketed in new condition, accompanied by the purchase invoice.
Products damaged or soiled or showing use or incomplete will not be taken back. In these cases, the right of withdrawal could not apply and the Product would be immediately returned to the Customer, at its exclusive costs which must be paid before the reshipment by the company Bernard Richards Manufacture
The right of withdrawal can be exercised, at the ‘using the withdrawal form available here. In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the Customer. Any other method of declaration of withdrawal is accepted. It must be unambiguous and express the desire to retract.
In the event of exercise of the right of withdrawal within the aforementioned period, the price of the Product (s) purchased and the delivery costs will be reimbursed, in the form of a credit note, the return costs being fully payable. charge of the Customer.
The reimbursement of this Product by the company Bernard Richards Manufacture will be made within fourteen (14) days of receipt of the Product. It is therefore your responsibility to take all the necessary measures so that the conditions for returning 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 refund being possible if the Product is not is not actually received by the Bernard Richards Manufacture company
It is also recalled that the Seller offers the Customer the possibility of either purchasing a Product directly, within the limit of available stocks, or of customizing one according to the specifications as offered on the Website.
The Customer’s attention is hereby drawn to the fact that the Bernard Richards Manufacture company has few watches in stock, constituting exceptions which are noted, in addition to, but exceptionally, second-hand watches.
Except for these assumptions (stock, second-hand), each watch is manufactured at the customer’s request according to the specifications, or even the customization he wishes.
However, article L.221-28 of the Consumer Code excludes the right of withdrawal for the supply of goods made to the consumer’s specifications.
Article 14 – Product Guarantee
14.1. Legal guarantee of conformity and legal guarantee against hidden defects
The Customer may exercise these guarantees by sending his request to: The company BERNARD RICHARDS MANUFACTURE “BRM” 2 Impasse de l’Aubette – 95420 MAGNY-EN-VEXIN
When the Customer acts under 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 in article L.217-98 of the Consumer Code;
– will be exempt from providing proof of the existence of the lack of conformity of the goods during the six (6) months following delivery of the goods.
The guarantee of conformity will apply regardless of the commercial guarantee granted.
The Customer may also decide to implement the warranty against hidden defects in the item sold within the meaning of article 1641 of the Civil Code and, in this case, he may choose between the termination of the sale or a reduction in the price of sale 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 goods.
It does not cover defects caused due to abnormal or faulty use or resulting from a cause unrelated to the intrinsic qualities of the Products.
The foregoing provisions do not exclude the application of the legal guarantee of conformity of article L.217-4 of the Consumer Code and of the guarantee against defects of the item sold of articles 1641 and following of the Civil Code.
Article 15 – Force Majeure
All circumstances beyond the control of the parties preventing the performance under normal conditions of their obligations are considered grounds for exemption from the obligations of the parties and result in their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.
All irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, beyond the control of the Parties and which cannot be prevented by the latter, despite all reasonably possible efforts, will be considered as force majeure.
Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: blocking of means of transport and supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunication networks or difficulties specific to telecommunication networks external to customers.
Bernard Richards Manufacture being a true manufacture, the following will also be considered as a case of force majeure:
– breakdowns of machines
– breaks in delivery by the suppliers of the materials used to manufacture watches.
The Parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure lasts longer than three months, the Sale may be terminated by the injured party.
Article 16 – Intellectual property
The Trademark of the Seller Bernard Richards Manufacture., As well as all the figurative marks or not and more generally all the other marks, illustrations, images and logos appearing on the Goods, their accessories and their packaging, whether they are registered or not, are and will remain the exclusive property of the Seller. Any total or partial reproduction, modification or use of these brands, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior consent of the Seller, is strictly prohibited. It is the same for any combination or conjunction with any other
brand, symbol, logotype and more generally any distinctive sign intended to form a composite logo. The same applies to any copyright, design, model and patent which are the property of the Seller.
In addition, the content of the Website (technical documents, drawings, photographs, etc.) remains the property of the Seller, the sole holder of the intellectual property rights over this content.
The 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 offense of counterfeiting.
Article 17 – Data processing and Freedoms
Please note that certain information is mandatory and necessary to process your process. The absence of a response to a mandatory field is likely to compromise the proper monitoring of your file.
The personal data provided by the Customer are necessary for the processing of his order and the establishment of invoices.
They may be communicated to the Seller’s partners responsible for the execution, processing, management and payment of orders.
We will only process or use your data to the extent that this is necessary to contact you, process 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 right of permanent access, modification, rectification and opposition with regard to information concerning him. This right can be exercised under the conditions and according to the methods defined on the website www.brm-chronographes.com.
Article 18 – Nullity and independence of clauses
If one of the stipulations of the general conditions is declared invalid or inapplicable by application of the law, of a regulation or of a final court decision, it will therefore be deemed unwritten; the other stipulations of the general conditions will retain all their force and reach.
The Parties undertake, as far as possible, to work together in order to establish a new clause, the spirit and the letter of which will be as close as possible to the old clause declared null or void.
Article 19 – Tolerances and non-waiver
It is formally agreed that any tolerance or waiver granted by Bernard Richards Manufacture for the benefit of the Client, in the application of all or part of the commitments provided for in these General Conditions, whatever may have been the frequency and duration, cannot constitute modification of these General Conditions, nor generate any right.
Article 20 – Title
In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 21 – Independence of the Parties
Neither party may enter into a commitment in the name and / or on behalf of the other Party. Furthermore, each of the Parties remains solely responsible for its claims, commitments, services, products and personnel.
Article 22 – Written form
Any modification of 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 an amendment in writing. Complementary agreements which are concluded only verbally are not valid. In the event of a contract modification (change of delivery address, billing address, etc.) the customer will not be able to turn against Bernard Richards Manufacture and will be solely responsible for any additional costs that he undertakes to pay or hold Bernard Richards Manufacture responsible for any delays / additional costs.
All declarations and communications from the Client relating to the Contract which are of legal importance, such as the setting of deadlines, the claim for defect, the declaration of withdrawal or reduction, must be submitted in writing in the form of a letter, email or fax.
Article 23 – Language of the Contract
These General Belly Conditions are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.
Article 24 – Complaints and amicable settlement of disputes
Under Article L.612-1 of the Consumer Code “Every consumer has the right to use free of charge to the consumer mediator for the amicable termination of the dispute between a professional.”
Disputes falling within the scope of article L.612-1 of the Consumer Code are the disputes defined in article L.611-1 of the Consumer Code, namely disputes of a contractual nature, relating to the ‘execution of a contract of sale or supply of services, between a consumer and a professional. The text covers national disputes and cross-border disputes.
For any difficulty, 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: precitime@wanadoo.com
In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, Bernard Richards Manufacture is a member of the Sas Médiation Solution e-commerce mediator service, whose contact details are as follows:
Ms. Eliane SIMON,
Sas Médiation Solution Mediator
222 chemin de la bergerie
01800 Saint Jean de Niost
Tel. 04 82 53 93 06
contact@sasmediationsolution-conso.fr
After prior written action on your part, the Mediator Service may be referred to any consumer dispute for which the settlement has not been successful. To find out how to refer to the Mediator, click here.
In addition, the European Commission has set up 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 can be accessed here.
In the absence of an amicable agreement between the Parties, the dispute will be submitted to the French Courts.
Article 25 – Applicable law and attribution of jurisdiction
The Contract is governed by French law.
In the event of a dispute, the Customer undertakes to contact the Bernard Richards Manufacture company as a priority in order to attempt to amicably resolve any dispute that may arise between the Parties.
In the absence of conciliation between the Parties, all disputes to which this Contract may give rise, concerning its validity, interpretation, execution, resolution, consequences and consequences will be the exclusive jurisdiction of the courts within the jurisdiction of PARIS, notwithstanding plurality of defendants or call in guarantee.
PROVISIONS RELATING TO LEGAL GUARANTEES
Article L.217-4 of the 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.
It is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to it by the contract or has been carried out under its responsibility.
Article L.217-5 of the Consumer Code
The good complies with the contract:
1 ° If it is suitable for the use usually expected of a similar good and, if applicable:
– if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
– if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or
2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L.217-12 of the Consumer Code
Action resulting from lack of conformity lapses two years after delivery of the goods.
Article L.217-16 of the Consumer Code
When the buyer asks the seller, during the course of the commercial guarantee that was granted to him during the acquisition or repair of movable property, a restoration covered by the warranty, any downtime of at least seven days is added to the remaining warranty period.
This period runs from the buyer’s request for intervention or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.
Article 1641 of the Civil Code
The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would have given a lower price if he had known them.
Article 1648 of the Civil Code
The action resulting from crippling defects must be brought by the purchaser within two years from the discovery of the defect.
In the case provided for by article 1642-1, the action must be brought on pain of foreclosure, within one year of the date on which the seller can be released from apparent defects or lack of conformity.
