ALL ORDERS PLACED THROUGH WWW.DECORISTPARIS.COM IMPLY FULL ACCEPTANCE OF THESE TERMS AND CONDITIONS OF SALE. PLEASE READ THROUGH THESE TERMS AND CONDITIONS OF SALE CAREFULLY BEFORE ORDERING.
WARNING: This English version of the terms and conditions of sale is a translation of the French version, and it is only provided to facilitate understanding of the original document. Only the French version of the terms and conditions of sale is legally binding.
The www.decoristparis.com website (the “Site”) is published by Anne Jacquemin Sablon SARL, a French corporation incorporated in Paris under the company registration number 523 356 681, with share capital of EUR 31,000.00, having its registered office located at 17 rue de l’Estrapade – 75005 Paris (France), and whose intra-community VAT number is FR22523356681 (“AJS”). Click here to read more about the Site.
AJS promotes, displays, and sells pieces of art, furniture, lightings, and decorative items. AJS manages an art and design gallery located in the heart of Paris. For more information regarding the gallery, please visit www.annejacqueminsablon.fr.
The particularity of this Site is that it was specifically designed by AJS to offer, in the spirit of “capsule” collections, a selection of furniture, lighting, decorative items, and household products, which are directly inspired by a renowned artist’s paintings or his artistic universe.
Please note that the sale of products listed on the Site is restricted to individuals and companies acting for personal reasons and for non-commercial use only.
ARTICLE 1 – PURPOSE AND SCOPE OF THESE TERMS AND GENERAL CONDITIONS OF SALE
1.1 – The purpose of these terms and conditions of sale (“Terms of Sale”) is to define the terms and conditions under which AJS sells products listed on the Site (“Product(s)”) to any individual or company residing in a European Union country and placing an order through the Site (“CUSTOMER”).
1.2 – These Terms of Sale apply to any Product order placed through the Site to the exclusion of any other conditions set out in any other document, unless previously agreed otherwise in writing by AJS. These Terms of Sale are available for review at any time by clicking on the “Terms and conditions of sale” webpage of the Site, and at the time of the order by a hypertext link.
1.3 – By checking the “I have read, and I agree with the terms and conditions of sale” box, the CUSTOMER represents and warrants it has the legal capacity required to enter into an agreement with AJS and acknowledges its adherence without reservation to these Terms of Sale. If the CUSTOMER is a company, the person checking the “I have read, and I agree with the terms and conditions of sale” box represents and warrants that it has full authority to enter into an agreement with AJS on behalf of the CUSTOMER.
1.4 – Since these Terms of Sale may be amended from time to time, the Terms of Sale which apply to an order are those in effect at the time of the placing the order. The CUSTOMER may print out these Terms of Sales or copy them on a durable medium (for instance, on the hard drive of its computer). In any case, a hard copy of these Terms of Sale will be provided to the CUSTOMER upon delivery of the order.
ARTICLE 2 – CONSUMER PROVISIONS
2.1 – Only CUSTOMERS, who are “consumers” as per the French Consumer Code, are entitled to benefit from the provisions of articles 6 (Right of withdrawal), 10.2 (Governing law), 11.2 (Mediation of consumer disputes) and from the provisions regarding the legal guarantee of conformity provided for in article 7 and annex 1 of these Terms of Sale.
2.2 – For information purposes: According to the French Consumer Code, a consumer is any individual who acts for purposes which do not enter in the scope of his/her commercial, industrial, artisanal, or liberal activity (Article liminaire).
ARTICLE 3 – PRODUCT INFORMATION
3.1 – Product characteristics
3.1.1 – The essential characteristics of each Product are described in the page of the Site where the Product is sold individually (“Product Page”).
3.1.2 – Staged pictures or Product pictures displayed on the Site show the Products as closely as possible to reality. However, since the color display of such pictures depends on the monitor used by CUSTOMER, and in particular its quality, its parameters, and the light in the room where it is located, AJS cannot be held liable for any minor visual difference between said pictures and the Products supplied.
3.2 – Product availability
3.2.1 – All Products from the “Capsule collections” page of the Site are offered for sale for a limited period and within the limits of available stocks. All Products from the “On sale” page of the Site are offered for sale while stocks last.
3.2.2 – Each Product Page indicates if the Product is in stock.
However, a Product may become unavailable in the time interval between its addition to the “Shopping cart” and the completion of the order by CUSTOMER. In such a case, AJS will send an email informing the CUSTOMER of the temporary or permanent unavailability of the said Product.
In case of temporary unavailability (AJS has the possibility of restocking the Product), a reasonable additional period will be granted to AJS to proceed with the delivery of the Product. If, at the end of this period, AJS has not delivered the Product, the CUSTOMER will request the cancellation of the Product order by sending AJS a registered letter with acknowledgment of receipt or an email to the addresses indicated in article 12.2 of these Terms of Sales.
In case of permanent unavailability (the Product cannot be restocked or is on sale while stocks last) or if time of initial delivery was of the essence for the CUSTOMER (as it can be construed from the circumstances surrounding the placing of the order or as expressly stated by the CUSTOMER before ordering), the CUSTOMER is entitled to immediately request the cancellation of the Product order by sending AJS a registered letter with acknowledgment of receipt or an email to the addresses indicated in article 12.2 of these Terms of Sales.
If the Product order is cancelled, AJS shall reimburse the sums paid by the CUSTOMER for the Product order, including the corresponding delivery costs (see article 5.6 of these Terms of Sale), no later than fourteen (14) days from the date on which the CUSTOMER canceled the Product order.
3.3 – Product price
3.3.1 – The Products prices posted on the Product Pages are stated in EURO, all tax included. They do not include delivery costs, which are charged in addition to the Product price depending on the order destination country.
3.3.2 – Regarding the Products from the “On sale” page of the Site, the price which is crossed out and posted next to the Product’s selling price corresponds to the original price at which the Product was sold (i) as part of a previous capsule collection, or (ii) in the gallery managed by AJS (when such Products were used to take the pictures displayed on the Site).
ARTICLE 4 – ORDERING PROCESS
4.1 – Product selection
4.1.1 – While navigating on the Site, the CUSTOMER can select one or more Products by going to each Product Page and choosing, for each Product, the size and/or color, then the desired quantity, before adding the Product to its “Shopping cart” by clicking “Add to cart”.
4.1.2 – Regarding bulky Products, the CUSTOMER shall be responsible for verifying that dimensions of the packaged Product will not prevent the effective delivery to the CUSTOMER’s place.
4.2 – Review of the shopping cart
4.2.1 – Once the selection process is completed, the CUSTOMER clicks on the “Shopping cart” page to review its content (description and quantity of products, corresponding prices) and amend it or correct any possible errors. In addition, by filling out the requested information regarding the order destination country, the CUSTOMER is informed of the relevant delivery time and delivery costs in the event of an order.
4.2.2 – If the CUSTOMER agrees with the content and total price of its shopping cart and with the applicable delivery time and delivery costs, the CUSTOMER may proceed with the order by clicking on « Proceed to checkout”.
4.3 – Order validation
4.3.1 – Once on the “Order validation” page, the CUSTOMER must fill in the information of its customer account, except if already logged via “My account”. Indeed, having a customer account is mandatory to place an order through the Site. The CUSTOMER can create a customer account at any time, from the “My account” page, by providing a valid email address and choosing a password. The CUSTOMER can also create a customer account when placing his first order, by entering the same information in the “Shipping details” section from the “Order validation”.
4.3.2 – The CUSTOMER then provides all the delivery information required for the completion of delivery and if different, all the required billing information.
4.3.3 – After checking the accuracy of the shipping information (and where applicable, the feasibility of delivering bulky Products as referred in article 4.1.2 of these Terms of Sale) and the order summary (description and quantity of Products, corresponding prices, delivery time, and delivery costs), and after agreeing to these Terms of Sale without reservation, the CUSTOMER clicks on “Confirm the order and pay” to confirm acceptance of the order and expressly acknowledge its obligation to pay the order.
4.4 – Payment of the order
4.4.1 – After clicking on “Confirm the order and pay”, the CUSTOMER is redirected to the online payment solution chosen by AJS to proceed to the payment of its order by credit card (Visa, Mastercard, Carte Bleue) or via PayPal. Full payment shall be made upon ordering.
All transactions are secure: they are kept in strict confidentiality and safely encrypted through the SSL protocol. Some payments may be subject to control measures, which are specific to each mean of payment or to the amount of the order (3D-Secure v2), to ensure safe shopping on the Site and prevent fraud.
4.4.2 – By proceeding to the payment of the order, the CUSTOMER represents and warrants that it holds all the authorizations required to use the chosen method of payment.
4.4.3 – Payment is debited at the time of the order. The CUSTOMER shall therefore ensure its solvency before any order.
4.4.4 – Upon completion of the payment, the CUSTOMER receives an automatic email notification confirming the order number and recalling all the information concerning the order.
4.5 – Evidence and archiving of the order
4.5.1 – The data recorded on the Site, validated by the confirmation email referred to in article 4.4.4 of these Terms of Sale, and those recorded by the provider of the online payment solution constitute proof of the whole of the transaction. The CUSTOMER is advised to keep all this information on any durable medium.
4.5.2 – AJS shall archive orders of one hundred and twenty Euros (EUR 120.00) and above for a 10-year period from the delivery date and allow the CUSTOMER to access its order at any time.
4.6 – Order cancellation
AJS is entitled to cancel any order for legitimate reasons, in particular in the following cases:
- the order does not comply with these Terms of sale;
- abnormal request or made by CUSTOMER in bad faith;
- payment incident;
- fraud or attempted fraud by the CUSTOMER; and
- dispute with the CUSTOMER regarding a previous order.
ARTICLE 5 – DELIVERY
5.1 – Terms of delivery
5.1.1 – AJS delivers the Products in the European Union countries, except for the nine (9) outermost regions (ORs) of the European Union, namely: Guadeloupe, French Guiana, Réunion, Martinique, Mayotte, and Saint-Martin (France), the Azores and Madeira (Portugal) and the Canary Islands (Spain).
5.1.2 – The delivery time and delivery costs applicable to an order are calculated according to the order destination country specified by the CUSTOMER. As specified in articles 4.2.1 and 4.3.3 of these Terms of Sale, the delivery time and delivery costs are clearly indicated to the CUSTOMER during the ordering process, before any confirmation of the order.
5.2 – Shipment confirmation
AJS will send the CUSTOMER a shipment confirmation by email.
5.3 – Passing of risk
5.3.1 – If AJS is responsible for delivering the Product to the CUSTOMER, risk of loss or damage will pass from AJS to the CUSTOMER upon receipt of the Product by the CUSTOMER, or a third party appointed by the CUSTOMER (other than AJS’ carrier).
5.3.2 – If the CUSTOMER entrusts the delivery of the Product to a carrier, other than AJS’ carrier, risk of loss or damage will pass from AJS to the CUSTOMER when the Product is handed over to the CUSTOMER’s carrier.
5.4 – Receipt of the delivery
5.4.1 – If a package is damaged (if, for instance, the package is torn, damaged, or has been open and closed again), the CUSTOMER is responsible for refusing the delivery, or indicating reservations on the delivery slip where necessary. Where possible, the CUSTOMER is advised to open the package in the presence of the carrier to check the condition of the Products. In any case, the CUSTOMER shall keep AJS informed of the situation so that the latter can act accordingly.
5.4.2 – If once the package has been delivered and unpacked, the CUSTOMER finds that certain Products are missing or damaged, the CUSTOMER shall contact AJS as soon as possible in order for AJS to exercise all claims against the carrier, if applicable, and send the CUSTOMER the missing Products or replace the damaged Products in a timely manner. The CUSTOMER is responsible for providing evidence of the deterioration of a delivered Product and that the CUSTOMER is not liable for such deterioration.
5.4.3 – Upon delivery, AJS provides the CUSTOMER with a hard copy of the invoice and the Terms of Sale applicable to the order, as well as a return slip (including the order number and the CUSTOMER’s last name, first name, and address) which must be attached in the event of return of one or more Products.
5.5 – Delay in delivery
If the Products have not been delivered within the agreed period, the CUSTOMER is entitled, after having unsuccessfully requested AJS to deliver the Products within a reasonable additional period (no need of a prior request if time of initial delivery was of the essence for the CUSTOMER), to cancel the Products order by sending AJS a registered letter with acknowledgment of receipt or an email to the addresses indicated in article 12.2 of these Terms of Sales.
AJS shall reimburse the sums paid by the CUSTOMER for the undelivered Products, including the corresponding delivery costs (see article 5.6 of these Terms of Sale), no later than fourteen (14) days from the date on which the CUSTOMER canceled the Products order.
5.6 – Reimbursement of delivery costs
This article addresses the standard delivery costs that AJS shall reimburse to the CUSTOMER following the cancellation of a Products order as per articles 3.2.2 and 5.5 of these Terms of Sale or when the CUSTOMER is a consumer, following the exercise of its right of withdrawal as per article 6 of these Terms of Sale.
In the event of partial cancellation or partial withdrawal of the order, the standard delivery costs paid by the CUSTOMER when ordering shall be refunded as follows:
- if the amount of the delivery costs varies according to the price range of the order, they shall be refunded in proportion to the undelivered Products, or the Products returned by the CUSTOMER; or
- in case of flat-rate delivery costs, they shall not be refunded.
ARTICLE 6 – RIGHT OF WITHDRAWAL
6.1 – Conditions for exercising the right of withdrawal
In accordance with the provisions of the French Consumer Code, the CUSTOMER, who is a consumer, has the right to withdraw from its order, without giving any reason, within the time limit and according to the procedures for exercising that right set forth in this article 6 of these Terms of Sale.
6.2 – Withdrawal period
6.2.1 – The withdrawal period is fourteen (14) calendar days.
6.2.2 – The withdrawal period will expire after fourteen (14) days from the day on which the CUSTOMER or a third party appointed by the CUSTOMER (other than the carrier) takes physical possession of (i) the Products, (ii) the last Product, where multiple Products ordered in one order are delivered separately, or (iii) the last lot or piece, where the order relates to delivery of a Product consisting of multiple lots or pieces. However, if the last day of the withdrawal period is a Saturday, Sunday or public holiday, the withdrawal period is extended until the next day.
6.3 – Procedures for exercising the right of withdrawal
To exercise its right of withdrawal, the CUSTOMER shall inform AJS of its decision to withdraw from its order before the withdrawal period has expired and by an unequivocal statement sent by post or email to the addresses indicated in article 12.2 of these Terms of Sales. The CUSTOMER may use the model withdrawal form set out in annex 3 of these Terms of Sale, but it is not obligatory.
6.4 – Effects of withdrawal
6.4.1 – Reimbursement
6.4.1.1 – If the CUSTOMER withdraws from the order, AJS shall reimburse to the CUSTOMER all payments received from the CUSTOMER with respect to the Products which are the subject of the withdrawal, including the delivery costs (see article 5.6 of these Terms of Sale), with the exception of the supplementary costs resulting from the CUSTOMER’s choice of a type of delivery other than the least expensive type of standard delivery offered by AJS.
6.4.1.2 – AJS shall reimburse the CUSTOMER without undue delay and in any event not later than fourteen (14) days from the day on which AJS is informed about the CUSTOMER’s decision to withdraw from its order.
AJS may withhold reimbursement until AJS has received the Products back or the CUSTOMER has supplied evidence of having sent back the Products, whichever is the earliest.
If AJS does not reimburse within the aforementioned period, the sums due will automatically bear interest.
6.4.1.3 – AJS will carry out such reimbursement using the same means of payment as the CUSTOMER used for the initial transaction, unless the CUSTOMER has expressly agreed otherwise; in any event, the CUSTOMER will not incur any fees as a result of such reimbursement.
6.4.2 – Return of the Products
6.4.2.1 – The CUSTOMER shall send back the Products to the return address listed below, without undue delay and in any event not later than fourteen (14) days from the day on which the CUSTOMER communicates its withdrawal from the order to AJS. The deadline is deemed to have been met if the CUSTOMER sends back the Products before the period of fourteen (14) days has expired.
Return address:
Decorist Paris
Traitement des commandes
BP 10078
92236 Gennevilliers Cedex (France)
The CUSTOMER shall return the Products along with the return slip referred to in article 5.4.3 of these Terms of Sale.
6.4.2.2 – The CUSTOMER shall bear the costs of returning the Products, including if the Products, by their nature, fragility, weight, and the package dimensions or volume, cannot normally be returned by post. The CUSTOMER is responsible for requiring the assistance of a carrier to carry out the return of the Products.
The table below shows, for reference only, the cost of return delivery by road carrier, depending on the weight of the package and the country of dispatch.
[Tableau]
The CUSTOMER acknowledges that the Products which were dispatched on a pallet by AS shall be returned by the CUSTOMER in the same way.
6.4.2.3 – The CUSTOMER shall return the Products in a perfect condition for resale (not spoiled, not damaged, or soiled), in their original packaging, properly protected, with their labels, and along with all associated accessories, user guide, and documentation. The CUSTOMER shall be liable for any diminished value of the Products resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the Products.
ARTICLE 7 – LEGAL GUARANTEES
7.1 – The CUSTOMER, who is a consumer, benefits from the legal guarantee of conformity according to which AJS shall be liable for any lack of conformity of the Products with the order under the conditions of articles L. 217-4 and seq. of the French Consumer Code. The CUSTOMER also benefits from the legal guarantee against latent defects according to which AJS shall be liable for latent defects in the Product sold under the conditions of articles 1641 and seq. of the French Civil Code.
| The CUSTOMER who is a consumer and is acting for purposes of the legal guarantee of conformity:has a 2-year period from the delivery of the Product to act;may choose between repair and replacement of the Product, subject to the cost conditions provided for in Article L. 217-9 of the French Consumer Code; andis exempt from proving the existence of the lack of conformity of the Product during the two (2) years following delivery of the Product. The legal guarantee of conformity applies regardless of any commercial warranty granted. The CUSTOMER, who is a consumer, may decide to enforce the legal guarantee against latent defects of the item sold as per article 1641 of the French Civil Code; in this case, the CUSTOMER can choose between canceling the sale or reducing the price of the sale in accordance with article 1644 of the French Civil Code. |
The CUSTOMER may contact AJS for purposes of the legal guarantee of conformity or the legal guarantee against latent defects, by sending a mail or email to the addresses indicated in article 12.2 of these Terms of Sale.
7.2 – Articles L. 217-4 to L. 217-14 of the French Consumer Code relating to the legal guarantee of conformity and articles 1641 to 1648 of the French Civil Code relating to the legal guarantee against latent defects are reproduced in the annexes 1 and 2 of these Terms of Sale.
ARTICLE 8 – PROTECTION OF PERSONAL DATA
AJS informs the CUSTOMER of its processing of personal data, for which AJS acts as data controller.
AJS’ privacy policy provides all the required information regarding the collection and processing of personal data about the CUSTOMER, and where applicable its employees, as well as the rights they are entitled to exercise with that respect. The privacy policy is available at any time by clicking on the “Privacy policy” page of the Site. Click here to view the privacy policy.
ARTICLE 9 – LIABILITY
AJS is fully responsible to the CUSTOMER for the proper performance of its obligations arising from the order. However, AJS may be exempted from its liability, in whole or in part, in the event of non-performance or improper performance of the order due to (i) the CUSTOMER, (ii) the unpredictable and insurmountable act of a third party to the order, or (iii) force majeure.
ARTICLE 10 – GOVERNING LAW; LANGUAGE OF THE TERMS OF SALE
10.1 – These Terms of Sale are governed by the laws of France.
10.2 – Notwithstanding article 10.1 of these Terms of Sale, the application of French laws cannot deprive the CUSTOMER, who is a consumer, of the protection afforded to him by mandatory rules of the law of the European Union country in which the CUSTOMER has his habitual residence.
10.3 – These Terms of Sale have been written in French (France). In the event these Terms of Sale are translated into one or other languages, only the French version shall prevail in the event of a dispute.
ARTICLE 11 – DISPUTE RESOLUTION
11.1 – Amicable settlement
In the event of a dispute, the CUSTOMER agrees to first contact AJS directly, by sending a written claim.
11.2 – Consumer mediation
In accordance with the provisions of the French Consumer Code regarding the amicable settlement of disputes, AJS adheres to the consumer mediator service of the Association of European Mediators (AME Conso), whose website is available at the following URL address: https://www.mediationconso-ame.com/.
If, following the process stated in article 11.1 of these Terms of Sale, no amicable solution or settlement has been reached, the CUSTOMER, who is a consumer, may request the intervention of the consumer mediator of the Association of European Mediators (AME Conso) free of charge, either by mail (AME Conso, 11 place Dauphine – 75001 Paris – France) or through its website (https://www.mediationconso-ame.com/demande-de-mediation-ame.html).
In addition, the CUSTOMER, who is a consumer, can also lodge a request for mediation through the online dispute resolution (ODR) of the European Commission accessible at the following address: https://ec.europa.eu/consumers/odr.
11.3 – Legal action
11.3.1 – AJS and the CUSTOMER may bring a legal action in the court which has jurisdiction to settle their dispute relating to an order, which is governed by these Terms of Sale.
11.3.2 – NOTWITHSTANDING THE PROVISIONS OF ARTICLE 11.3.1 OF THESE TERMS OF SALE, ANY DISPUTE BETWEEN AJS AND A CUSTOMER WHO IS A MERCHANT, IN RELATION TO AN ORDER which is governed by these Terms of Sale, SHALL BE REFERRED TO THE PARIS COURTS, WHICH SHALL HAVE EXCLUSIVE JURISDICTION.
ARTICLE 12 – CONTACT INFORMATION
12.1 – All emails sent by AJS to the CUSTOMER pursuant to these Terms of Sale shall be sent to the electronic address registered with the CUSTOMER’s customer account.
12.2 – All mailings the CUSTOMER wants to send to AJS, in particular pursuant to the provisions of these Terms of Sale, shall be sent to the following contact details:
Mail sent by post:
Anne Jacquemin Sablon SARL
17 rue de l’Estrapade
75005 Paris (FRANCE)
Email sent by electronic means: info@decoristparis.com
12.3 – The CUSTOMER may contact AJS at any time by clicking on the “Contact” page of the Site or by clicking here. The CUSTOMER may also reach AJS by phone, from Tuesday to Saturday (except public holidays), from 10 a.m. to 7 p.m. (French time), on +33 (0) 1 71 24 80 06.
Date of this version of the Terms of Sale: 23 April 2021
ANNEX 1 – PROVISIONS RELATING TO THE LEGAL GUARANTEE OF CONFORMITY
Article L. 217-4 of the French 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 also responds to any lack of conformity resulting from the packaging, assembly instructions or 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 French 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 labeling;
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. 217-6 of the French Consumer Code
The seller is not bound by the public statements of the producer or his representative if it is established that he did not know them and was legitimately not in a position to know them.
Article L. 217-7 of the French Consumer Code
The lack of conformity which appears within a period of twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.
For second-hand goods sold, this period is set at six months.
The seller can challenge this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked.
Article L. 217-8 of the French Consumer Code
The buyer is entitled to demand that the goods conform to the contract. However, he cannot contest the conformity by invoking a defect which he knew or could not ignore when he contracted. The same applies when the defect has its origin in the materials which it itself supplied.
Article L. 217-9 of the French Consumer Code
In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods.
However, the seller may not proceed according to the buyer’s choice if this choice entails a manifestly disproportionate cost compared to the other modality, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer.
Article L. 217-10 of the French Consumer Code
If repair and replacement of the good is not possible, the buyer can return the good and have the price returned or keep the good and have part of the price returned.
The same faculty is open to him:
1 ° If the solution requested, proposed or agreed in application of Article L. 217-9 cannot be implemented within one month of the buyer’s complaint;
2 ° Or if this solution cannot be without major inconvenience for the latter taking into account the nature of the good and the use which it seeks.
The resolution of the sale cannot however be pronounced if the lack of conformity is minor.
Article L. 217-11 of the French Consumer Code
The application of the provisions of Articles L. 217-9 and L. 217-10 takes place at no cost to the buyer.
These same provisions do not preclude the award of damages.
Article L. 217-12 of the French Consumer Code
The action resulting from the lack of conformity lapses two years after delivery of the goods.
Article L. 217-13 of the French Consumer Code
The provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature which is recognized to him by the law.
Article L. 217-14 of the French Consumer Code
The recourse action can be brought by the final seller against the successive sellers or intermediaries and the producer of the tangible movable property, according to the principles of the civil code.
ANNEX 2 – PROVISIONS RELATING TO THE LEGAL GUARANTEE against latent defects
Article 1641 of the French Civil Code
The seller is bound by the warranty 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 has not acquired it, or has not acquired it. would have given a lower price, if he had known them.
Article 1642 of the French Civil Code
The seller is not liable for apparent defects of which the buyer has been able to convince himself.
Article 1642-1 of the French Civil Code
The seller of a building to be built cannot be discharged, neither before the acceptance of the works, nor before the expiration of a period of one month after taking possession by the purchaser, of construction defects or defects. of conformity then apparent.
There will be no termination of the contract or reduction of the price if the seller undertakes to repair.
Article 1643 of the French Civil Code
He is liable for hidden defects, even if he would not have known them, unless, in this case, he has stipulated that he will not be obliged to any guarantee.
Article 1644 of the French Civil Code
In the case of articles 1641 and 1643, the purchaser has the choice to return the thing and have the price returned, or to keep the thing and have part of the price returned.
Article 1645 of the French Civil Code
If the seller was aware of the defects in the thing, he is liable, in addition to the restitution of the price he received, for all damages towards the buyer.
Article 1646 of the French Civil Code
If the seller was unaware of the defects of the thing, he will only be required to return the price, and to reimburse the purchaser for the costs incurred by the sale.
Article 1646-1 of the French Civil Code
The seller of a building to be constructed is bound, from the reception of the works, to the obligations of which the architects, contractors and other persons linked to the client by a contract of lease of work are themselves bound by application of articles 1792, 1792-1, 1792-2 and 1792-3 of this code.
These guarantees benefit the successive owners of the building.
There will be no cancellation of the sale or reduction of the price if the seller undertakes to repair the damage defined in articles 1792, 1792-1 and 1792-2 of this code and to assume the guarantee provided for in article 1792-3.
Article 1647 of the French Civil Code
If the item which had defects perished as a result of its poor quality, the loss is for the seller, who will be liable to the buyer for the restitution of the price and other compensation explained in the two preceding articles.
But the loss occurring by fortuitous event will be for the account of the buyer.
Article 1648 of the French Civil Code
The action resulting from latent 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
ANNEX 3 – MODEL WITHDRAWAL FORM
To:
Anne Jacquemin Sablon SARL
17 rue de l’Estrapade
75005 Paris (FRANCE)
info@decoristparis.com
I/We (*) hereby give you notice that I/we (*) withdraw from my/our (*) order of the following product(s):
Ordered on (*) / received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notifiead on paper):
Date:
(*) Cross out or delete where applicable