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General terms and condition of sale

Clause 1: Purpose

Arthus Bertrand, the seller, (“we”, “us” or “our”) produces and sells medals, jewellery, silverware, christening bookmarks and honorary decorations. We have set up an ecommerce website called en.arthusbertrand.com to help meet the needs of our customers.

These General Terms and Conditions of Use and Sale are governed by Article 1125 et seq. of the French Civil Code (code civil) and the provisions of the French Consumer Code (code de la consommation).

They set out, in particular, the terms governing the ordering process, payments, deliveries and the returns procedure for ordered products.

The purpose of these General Terms and Conditions of Use and Sale is to set out our rights and obligations and the rights and obligations of non-trader or consumer buyers (“you” or “your”). They apply without any restrictions or reservations to all purchases by you on the en.arthusbertrand.com website..

These General Terms and Conditions of Sale for online sales cancel and supersede all previous versions of the General Terms and Conditions of Sale for online sales.

These General Terms and Conditions of Use and Sale may be accessed at any time on en.arthusbertrand.com and will prevail, where applicable, over any other version or any other conflicting document.

They must be read before you place an order.

For online sales, you acknowledge that you have read and accepted these General Terms and Conditions of Use and Sale when you place an order for an item and may save a copy on a durable medium at any time, by printing them out or downloading them using the relevant features of the website.

You may request a copy of these General Terms and Conditions of Use and Sale, in which case a copy will be provided to you without delay.

As these General Terms and Conditions of Use and Sale may subsequently be amended, the version applicable to your purchase is the version in force on the website on the date you place your order.

These General Terms and Conditions of Use and Sale will remain in force until amended.

Unless proven otherwise, the data recorded in our IT system constitutes proof of all our transactions with you.

Clause 2: Identification

We are a French société par actions simplifiée (simplified company) with a share capital of €3.721.090, registered in the Parisian Trade and Companies Register under number FR10 383 127 172, and our registered office is located at 6 rue Royale,75008 Paris.

Customer Services Team : 6 rue Royale,75008 Paris.

Telephone : +33 (0)169 935 202 ou

E-mail : service-client@arthus-bertrand.fr

Clause 3: Product Information and Limitation of Liability

The items for sale on our website are made from :

  • 750/1000 gold guaranteed by the official hallmark, other than for items weighing less than 3 grams
  • 925/1000 silver guaranteed by the official hallmark, other than for items weighing less than 30 grams
  • silver-gilt guaranteed by the official hallmark, other than for items weighing less than 30 grams
  • brass
  • fabric
  • natural mother-of-pearl

Some gold, silver or vermeil jewellery may also be embellished with natural mother-of-pearl, resin, enamel or set with one or more diamonds, treated black diamonds, heated sapphires or emeralds.



Whilst every care is taken to ensure that the information posted online, descriptions of the products for sale and available data are accurate and regularly updated, we may not be held liable for any errors that may occur. Likewise, the photographs and other reproductions of items are provided for illustrative purposes only (within the limits of technical feasibility and in line with the best market practice) and are approximate only and not contractually binding. More generally, we disclaim any and all liability in the following cases:

  • any interruptions or delays experienced by our Customer Services Team or on the website due to maintenance, technical problems, a force majeure event, third parties or any other circumstances beyond our control;
  • if you are unable to contact our Customer Services Team; and/or
  • if we or you are temporarily unable to access the website, due to events beyond our control, such as IT problems, interruptions to the telephone network or the Internet or a problem affecting the device you use to connect to the Internet.

Clause 4: Ordering Process

You may only place an order if you have the legal capacity to enter into contracts for the items being sold by us on the website. You must have full legal capacity to accept these General Terms and Conditions of Use and Sale when placing an order. If you wish to pay by credit or debit card, you must be fully authorised to use the card.

Product offers are valid until they are taken down from the en.arthusbertrand.com website, while stocks last. Sales will not be validly concluded until we have confirmed them in writing. The items for sale on the en.arthusbertrand.com website may be ordered by:

(1) (1) Calling our Customer Services Team on +33 (0)169 935 202, from Monday to Friday, between 9.00 a.m. and 6.00 p.m and on Saturday between 10.00 a.m to 5.00 p.m. If you place an order by telephone, you expressly authorise us to log into your account to activate the Distance Selling feature in the “Account Information” section and authorise us to help you place an order, following your instructions. Your order will be finalised when you make the secure payment for the order.

(2) Emailing your order to service-client@arthus-bertrand.fr, specifying the product you wish to order, the size and your billing and delivery addresses. We will email you a quote, valid for a limited time, by return email.

(3) Placing an order directly on the en.arthusbertrand.com website, by completing the following main stages:

  • Activation of the Distance Selling feature in the “Account Information” section, authorising us to log into your account and help you place orders.
  • Selection of the items you wish to order, by providing the required information depending on the product (material, diameter, finish and quantity etc.) and choosing whether or not you wish to customise the product (engraving).
  • Provision of information on product availability, with an opportunity to cancel the order and select other items if the delivery time is too long.
  • Display or summary and then confirmation of your basket, with an opportunity to make changes.
  • Provision of personal data.
  • Selection of an authorised method of delivery.
  • Secure payment of the order.
  • Acceptance of the General Terms and Conditions of Use and Sale.
  • Confirmation of the order based on the order summary. You will receive an order number and be informed of the longest delivery time based on the availability of all the items ordered.

When you confirm your order, you confirm that you accept it, thus forming a distance selling contract between you and us. We will acknowledge receipt of the order without delay, by emailing a written order confirmation. Accordingly, the sale will only be treated as final and binding once you have completed the secure payment operations and received an order confirmation from us, specifying the shipping terms and times for the items.

For orders placed online only, by registering an order on our website, you are automatically deemed to unconditionally accept these General Terms and Conditions of Use and Sale.

We may refuse to make a delivery or fulfil any order that is abnormal or placed in bad faith. We may also refuse to make a delivery or fulfil any order placed by you, if you have failed to pay all or part of a previous order or a dispute is pending relating to the payment of a previous order.

Clause 5: Prices

The prices displayed on the website are stated in euros and include taxes and do not include delivery charges.

These prices are binding and may not be adjusted during their period of validity, meaning for as long as they are displayed on the website. We reserve the right to change the prices at any time, but will invoice the prices in force on the date of the order. They do not include processing, shipping, carriage and delivery charges, which are invoiced on top of the price, on the terms set out on the website, as calculated before you place your order.

VAT will be added at the rate in force at the time of the order. The VAT charged may be the VAT applicable in the European Union Member State in which you are located. For countries outside the European Union and Overseas France, the final price will be displayed excluding tax, once you have provided the delivery address.

The delivery charges will be automatically displayed on the website when the delivery method has been confirmed and agreed in the order confirmation emailed to you. Customs duties and insurance costs may also be added to orders registered on the website to be delivered outside the European Union. In such a case, you will be treated as the importer of the ordered product or products. You will be solely responsible for the payment of the customs duties or taxes payable when the items are delivered and undertake to obtain all relevant information from the appropriate authorities.

Clause 6: Terms of Payment

Your orders may be paid using the following methods:

  • (1) Apple Pay or PayPal;
  • (2) Debit or credit card (Visa, Mastercard, American Express): in this case, the amount of the order is debited immediately. Pursuant to Article L. 132-2 of the French Monetary and Financial Code (code monétaire et financier), undertakings to pay given via a payment card are irrevocable. By providing your card details, you authorise us to debit the VAT-inclusive price from your card.
  • (3) Bank transfer: our bank account details will be notified to you when you select the “by bank transfer” payment method during the order payment process. Your order will be processed on receipt of the transfer.
  • (4) Alma credit service, allowing you to pay in several instalments free of charge: the Alma credit service sends you a text message (SMS) containing a secure payment link to authorise the payment and provide your bank account details.

    The Alma credit service we propose may be used to pay for the products you purchase, in instalments. To use this service, you must accept the ToU or credit agreement proposed by Alma.

    “Credit arrangements are a binding commitment and must be repaid. Check you will be able to repay them before signing.”

    If Alma is willing to grant you credit arrangements, it will send you, on request and free of charge, the information required under Article L. 312-12 of the French Consumer Code and also a printed copy of the proposed agreement or a copy on any other durable medium.

    If Alma declines your request for credit arrangements for an order, the order may be cancelled.

    If the General Terms and Conditions of Sale applicable to our relationship with you are terminated, the ToU or credit agreement between you and Alma will also be terminated.

    An option to pay in three or four instalments is available via Alma. Payments are secured by Alma and its providers. All payments are protected by 3DSecure.

    Eligible Amount: The option to pay in several instalments provided by Alma free of charge is only available for purchases of a VAT-inclusive amount of between €300 and €4,000.

    An initial amount will be paid when you place your order in accordance with the payment schedule notified by Alma.

    Fees: The amount payable for your purchase remains the same. You are not charged any extra fees to pay in instalments using the Alma service.

    Alma is an electronic payment manager and issues an electronic certificate proving the amount and date of the transaction in accordance with the provisions of Articles 1316 et seq. of the French Civil Code.

All orders must be paid in euros.

The items ordered will remain our property until the payment of the full amount has been received from the relevant bank.

The purchasing process is completely secure and the confidentiality of the bank details sent via the website of a licensed bank is protected in a secure environment (SSL protocol).

This means that your bank details are sent online in an encrypted form between your computer and the electronic payment server and never enter our website. We reserve the right to suspend any order processing and any delivery if an official organisation declines to authorise a card payment, payment is not received or we have any doubts about the method of payment being used.

We do not retain any payment details in our database for payments made using CB, Visa, Mastercard or American Express cards.

Clause 7: Delivery

Delivery means the transfer of the physical possession or control of the ordered product to you. You are solely liable for any non-delivery caused by a failure to provide all relevant information during the ordering process.

Except in special cases or if one or more products are unavailable, orders are delivered in one single shipment. If an order is placed for several products with different delivery dates, the latest delivery date will apply for the entire order.

Delivery times are stated in business days and are approximate only. We will be released from our obligation to deliver if any type of fortuitous or force majeure event occurs.

However, if the product cannot be delivered to you within the approximate delivery time specified in the order confirmation emailed to you, for any reason other than a force majeure event or an act or omission by you, the order may be rescinded at your written request in accordance with the provisions set out in Articles L. 216-1 et seq. of the French Consumer Code. In such a case, the sums already paid by you will be refunded by bank transfer within no more than fourteen days of the date of termination of the contract, without any compensation or deduction. We may not be held liable, in any circumstances whatsoever, for any late delivery or suspended delivery attributable to you or caused by a force majeure event.

The order and its shipment may be tracked by calling the Customer Services Team on +33 (0)169 935 202 or emailing a request to service-client@arthus-bertrand.fr. Once your order has been prepared, it will be sent to the postal address provided by you when you placed your order.

The products are delivered using the delivery method chosen by you on the en.arthusbertrand.com website.

An email confirming dispatch of your order will be sent to the email address you provided when you placed your order. The email will specify the carrier’s tracking number, to allow you to track the position of your parcel.

We undertake to use our best efforts to ensure that the products are delivered as swiftly as possible after your order has been placed. Delivery charges are invoiced on top of the price, on the terms stated on the en.arthusbertrand.com website, as calculated before you place your order. The payment requested from you will cover the total amount of your purchases, including these charges.

On receipt of your order, if you discover any damage to or tearing of the packaging of the parcel containing your order or it has been opened, you should check the condition of the items delivered and immediately decline the parcel if it contains damaged items or items are missing and record the reason for this on the delivery slip.

You must ensure that the items delivered to you match your order.

If you do not issue express reservations at the time of delivery, the products placed at your disposal by us will be deemed to comply with your order, in terms of quantity and quality.

If the items delivered to you do not comply with your order, you must inform our Customer Services Team as soon as possible and return the items in question in accordance with the provisions set out in Clause 8 (Returns Procedure) of these General Terms and Conditions of Use and Sale.

If the non-compliance is confirmed, we undertake to send you new items matching your original order as soon as the non-compliant items have been received, and to cover the cost of returning the items.

Title to the items we sell will not pass to you until you have paid the price in full, regardless of the date of delivery of the said items.

You acknowledge that the carrier is responsible for the delivery and that we are deemed to have fulfilled our obligation to place the ordered products at your disposal when we hand them over to the carrier, as accepted by the carrier without any reservations. Accordingly, you do not have any right of recourse against us for indemnity for any non-delivery of the ordered products or damage occurring during carriage or unloading operations.

Clause 8: Returns Procedure

8.1 Returns without an Exchange:

It is our policy that any customers who are not satisfied with the ordered items should be able to exercise their right of withdrawal provided for in Articles L. 221-18 et seq. of the French Consumer Code as easily as possible. We will cover the cost of returning the items to us.

You may therefore exercise your right of withdrawal within fourteen (14) days of the date of delivery, without any need to give reasons or pay a penalty.

You must inform us that you have decided to exercise your right of withdrawal in an unambiguous statement emailed to service-client@arthus-bertrand.fr.

We will inform you of the returns procedure to be followed, to allow you to return the ordered product.

The items must be returned, complete, in their original packaging and in a brand-new condition, enclosing a copy of the invoice, within fourteen (14) days of notice of the decision to exercise your right of withdrawal, to the following address: Pichard-Balmes –Arthus Bertrand Returns Department, 17, Rue des Petites Granges - 49400 Saumur, quoting your order number.

They may only be sent using the transport label sent to you by email, only if we cover the cost of returning the goods.

We will cover the cost of returning the items from France. For all international sales, you will need to pay the cost of returning the goods and any customs duties, unless they are being returned on the grounds that the wrong product was sent for reasons attributable solely to us.

You must retain full evidence of the return, providing a reliable record of the date.

The 14-day right of withdrawal does not apply to items made to your specifications or customised designs and no refunds will be given for any items that have been worn or engraved.

The items returned will be refunded at the invoiced price using the same method as was used to pay for the order, by crediting the relevant amount to your bank account associated with the card payment or by bank transfer, within no more than 15 days of the date on which we were informed of your decision to exercise your right of withdrawal (and no later than 30 days in the case of payment by Alma), provided that we actually receive the items or you provide us with evidence that the items have been sent and the relevant date will be the date of the first of those events to occur. If you order an item as a gift, the right of withdrawal may only be exercised by you and may not be exercised by the recipient of the gift, in any circumstances whatsoever. Items returned incomplete, damaged, soiled, worn and/or altered will not be refunded.

8.2 Exchanges:

Delivered items, other than any items made to your specifications or engraved, may be exchanged within 14 days of the date of receipt.

If you wish to exchange a product, you should call our Customer Services Team on +33 (0)169 935 202 or email your request to service-client@arthus-bertrand.fr.

Jewellery that has been engraved, customised or made to your specifications or adjusted to your size cannot be exchanged, unless there is a manufacturing problem attributable to us.

We will inform you of the returns procedure to be followed, to allow you to return the ordered product. The product may only be returned using the transport label received by email if we cover the cost of returning the goods.

We will cover the cost of returning the items from France. For all international sales, you will need to pay the cost of returning the goods and any customs duties, unless they are being returned on the grounds that the wrong product was sent for reasons attributable solely to us.

Once you have been informed of the returns procedure to be followed, you must return the items to be exchanged, in their original packaging, in a brand-new condition and complete, enclosing the invoice, to the following address: Pichard-Balmes –Arthus Bertrand Returns Department, 17, Rue des Petites Granges - 49400 Saumur, noting the order number.

No new delivery may be made until we have received the items returned by you. Any overpayment will be refunded or difference in price paid, using the method of payment for the items, by crediting or debiting your bank account associated with the card payment.

If you ordered the item as a gift, the recipient of the gift may make an exchange, but if there is a difference in price, no refund may be made to the recipient of the gift as the difference will be paid directly by bank transfer to the bank account used for the secure card payment.

Clause 9: Warranties

The products sold on our website comply with the regulations in force in France and have a level of performance fit for non-professional uses.

The products we supply are covered by the following warranties, automatically and at no extra cost, without prejudice to your right of withdrawal, in accordance with the applicable statutory provisions:

  • the statutory warranty of compliance, for products that are patently defective, spoiled or damaged or do not match the order,
  • the statutory warranty covering latent defects resulting from a defect in the materials, design or manufacture of delivered products, rendering them unfit for use,

on the terms and conditions set out in Clauses 9.1. and 9.2. of these General Terms and Conditions of Use and Sale.

9.1. Compliance and Latent Defects Warranty

Under the statutory warranty of compliance, you:

  • may make a claim against us within two years of the date on which the goods are placed at your disposal;
  • may elect to have the ordered product repaired or replaced, subject to the cost conditions set out in Article L. 217-9 of the French Consumer Code;
  • are not required to prove the non-compliance of the product during the twenty-four months following the date on which the product is placed at your disposal.

The statutory warranty of compliance applies independently of any commercial warranty that may cover the product.

You are also covered by the warranty of compliance for any non-compliance arising from the packaging or assembly instructions.

You may decide to implement the warranty covering latent defects in the product in accordance with Articles 1641 to 1648 of the French Civil Code. In such a case, you may elect to rescind the sale or claim a reduction in the selling [price] in accordance with Article 1644 of the French Civil Code.

You may exercise your rights by notifying the product non-compliance to us, in writing, within no more than 10 days of the delivery of the products or the discovery of the latent defects within the above-mentioned periods and returning the defective products or taking them back to the store in the condition in which they were received with all other materials (accessories, packaging and instructions etc.).

We will refund, replace or repair any products or parts covered by warranty found to be non-compliant or defective.

Delivery charges will be reimbursed on the basis of the invoiced charge and the cost of returning the products will be reimbursed against receipts.

Any products found to be non-compliant or defective will be refunded without undue delay and, in any event, within no more than 15 days of our confirmation of the non-compliance or latent defect (and 30 days if the payment was made with the Alma payment in instalments service).

The products will be refunded by crediting the relevant amount to your bank account.

Our warranty is, in all cases, limited to a replacement or refund of any non-compliant or defective products. The compliance and latent defects warranties will only apply if the problem notified by you does not involve:

  • non-compliance with the legislation of the country in which the products are delivered, which must be checked by you,
  • any misuse or improper use,
  • normal wear and tear or ageing,
  • an accidental event or, more generally, an external cause.

However, they will not apply if an unauthorised third party has worked on the ordered product.

Where applicable, you may elect to rescind the sale or claim a reduction in the selling price in accordance with Article 1644 of the French Civil Code.

9.2 Warranty for Breakages

If the ordered product becomes scratched or broken due to an incident that is not related to any non-compliance or latent defects, our workshop may propose to repair the ordered product, based on a quote.

The repairs will be carried out, subject to the acceptance and payment of the quote.

Clause 10: Force Majeure - Hardship

We may not be held liable for any non-performance or late performance of any one of our obligations, as set out in these General Terms and Conditions of Use and Sale, caused by a force majeure event, within the meaning of Article 1218 of the French Civil Code, including but not limited to flooding, fires, storms, shortages of raw materials or total or partial strikes by transport providers or postal services etc.

If any such event occurs, we shall inform you of our inability to perform the service and provide you with proof of this, without delay. The suspension of our obligations may not, in any circumstances whatsoever, trigger any liability for the non-performance of the obligation in question or any payment of damages or penalties for a late performance.

The parties agree that the costs incurred due to the situation during the suspension will be borne by the affected party.

The performance of the obligation will be suspended for the entire duration of the force majeure event if it is temporary and does not last for more than 30 days. Accordingly, as and when the cause of the suspension of their mutual obligations ceases to exist, the parties shall make every effort to resume normal performance of their contractual obligations as swiftly as possible. To that end, we will inform you of the resumption of our obligation by email, by registered post with acknowledgement of receipt or using any type of extrajudicial document.

If the impediment is permanent or lasts for more than 30 days, this sale will simply be rescinded. The sale may only be automatically rescinded on the grounds of a force majeure event 15 days after formal notice given by registered post with acknowledgement of receipt or using any type of extrajudicial document was sent. However, the formal notice must state the intention to apply this clause.

In such a case, we will refund the sums you have already paid for the order in question, by transferring the price and the charges paid to the bank account used for the secure card payment.

In the event of a change in circumstances that could not be foreseen when the order was placed, in accordance with the provisions of Article 1195 of the French Civil Code, the party who did not agree to bear the risk of an excessively onerous performance may ask the other party to renegotiate the agreement.

Clause 11: Intellectual Property Rights

The en.arthusbertrand.com website and all its components (designs, text, photographs and illustrations and videos etc.) constitute our exclusive property. Neither the website nor its components (logos, trademarks, images, graphics, drawings and designs, photographs, videos, text and comments, etc.) may be reproduced, in whole or in part, unless exclusively for a private use, without our prior express written authorisation, for which a fee may be payable, and any reproduction in breach of the foregoing will constitute an infringement and be punishable under the provisions of the laws and regulations applicable under French law protecting intellectual property.

Clause 12: Personal Data

We collect your personal data when we register orders placed on the en.arthusbertrand.com.

Pursuant to French Data Protection Act No. 78-17 of 6 January 1978, and the EU regulations in force, you have an ongoing right of access, right to rectification and right to object for your personal data, which may be exercised by emailing a request to us at service-client@arthus-bertrand.fr.

We have implemented a personal data protection policy, set out in our “Privacy Policy”.

In line with the choices you make, you may also receive information about our latest news, events and promotional offers online.

You may register on the BLOCTEL (www.bloctel.gouv.fr) ‘do not call’ list free of charge to avoid being contacted by any professional with whom you have no current contractual relationship, in compliance with the French consumer law n°2014-344 of 17 March 2014. Any consumer may register on this list, free of charge, through the site https://www.bloctel.gouv.fr/ .

Clause 13: Disputes and Governing Law

These General Terms and Conditions of Use and Sale and any transactions arising under them are governed by French law.

Any dispute or litigation that may arise in connection with the purchase and sale transactions performed under these General Terms and Conditions of Use and Sale, regarding their validity, interpretation, performance, termination, consequences and/or effects, will be subject to the jurisdiction of the appropriate courts.

You are informed that an out-of-court mediation scheme may in any event be used, including the scheme run by the Consumer Mediation Commission (Commission de la médiation de la consommation), under Article L. 612-1 et seq. of the French Consumer Code or any alternative dispute resolution method (conciliation etc.) for any dispute.

In application of article L. 616-1 of the French Consumer Code, the Client has recourse to a Consumer Mediator. Our framework agreement is currently submitted for approval by the CECMC (Evaluation and Control Commission for Consumer Mediation).

Clause 14: Pre-Contractual Information – Your Acceptance

You acknowledge that you received these General Terms and Conditions of Use and Sale before you placed your order, in a clear, comprehensible manner, along with all the information and details required under Articles L. 111-1 et seq. of the French Consumer Code, and specifically:

  • the main characteristics of the product being purchased, as appropriate to the communication medium being used and the product;
  • the price of the products and ancillary charges (for example, for delivery);
  • if the contract is not being performed immediately, the date by which or time within which we undertake to deliver the product;
  • information about our identity, postal address, telephone numbers and business operations, if not already apparent from the context;
  • information about the statutory warranties, set out in Appendix 2 to these General Terms and Conditions of Use and Sale, and how a claim can be made;
  • the functionality of digital content and any relevant interoperability;
  • the right to use an out-of-court mediation scheme to resolve a dispute;
  • information about the right of withdrawal (existence, conditions, deadline, how to exercise the right and model withdrawal form), the cost of returning products, how the contract can be terminated and other important contractual terms.

By placing an order on the en.arthusbertrand.com website, you are automatically deemed to fully and unconditionally accept and agree to these General Terms and Conditions of Use and Sale, as is hereby expressly acknowledged by you and you agree to waive, in particular, the right to rely on any conflicting document, which will be unenforceable against us.

Appendix 1: Model Withdrawal Form:

(You should only complete and return this form if you wish to withdraw from the contract.)

For the attention of the Customer Services Team of Arthus Bertrand,

Address : Pichard-Balmes –Arthus Bertrand returns department, 17, Rue des Petites Granges - 49400 Saumur

Par e-mail : service-client@arthus-bertrand.fr

Telephone : +33 (0)169 935 202

I/We(*) hereby give notice that I/we(*) withdraw from my/our(*) contract of sale of the following goods:

Ordered on(*)/received on(*):

Name of customer(s):

Address of customer(s):

Signature of customer(s) (only if this form is notified on paper):

(*) Delete as appropriate.

Appendix 2: Warranties - Summary of Applicable Legislation:

French Consumer Code

Article L.217-4

The seller shall deliver goods that comply with the contract and be liable for any non-compliance existing when the goods are placed at the disposal of the buyer.

The seller shall also be liable for any non-compliance resulting from packaging, assembly instructions or installation in cases where this has been entrusted to the seller under the contract or has been carried out under the seller’s responsibility.

Article L. 217-5

The goods will be treated as compliant with the contract:

1° If they are fit for the use generally expected of similar goods and, where appropriate:

  • - if they match the description given by the seller and have the qualities that the seller presented to the buyer in the form of a sample or model;
  • - if they have the qualities that a buyer may legitimately expect in light of the public statements made by the seller, the producer or its representative, particularly in advertising or on labelling; or

2° If they have the characteristics defined by mutual agreement between the parties or if they are fit for any special use sought by the buyer, as notified to the seller and accepted by the seller.

Article L. 217-7

Any non-compliance that appears within twenty-four months of the date on which the goods are placed at the buyer’s disposal shall be presumed to have existed at that time, unless proven otherwise.

That period shall be reduced to six months for sales of used goods.

The seller may refute this presumption if it is not compatible with the nature of the goods or the alleged non-compliance.

Article L. 217-8

The buyer may require the goods to comply with the contract. However, the buyer may not challenge compliance on the grounds of a defect of which the buyer was aware or could not have been unaware when the contract was formed. The same applies whenever the non-compliance was caused by materials supplied by the buyer.

Article L. 217-9

If the goods are non-compliant, the buyer may elect to have the goods repaired or replaced.

However, the seller shall not be required to follow the buyer’s election if the cost would be clearly disproportionate to the other option, taking into account the value of the goods or the extent of the non-compliance. In such a case, the seller shall implement the other option, unless impossible.

Article L. 217-10

If the goods cannot be repaired or replaced, the buyer may return the goods and obtain a refund of the price or retain the goods and obtain a partial refund of the price.

The same option applies:

1° If the solution requested, proposed or agreed under Article L. 217-9 cannot be implemented within one month of the buyer’s complaint; or

2° If the implementation of the said solution necessarily causes major inconvenience to the buyer, given the nature of the goods and the buyer’s intended use.

However, the sale cannot be rescinded if the non-compliance is minor only. /p>

Article L. 217-11

The provisions of Articles L. 217-9 and L. 217-10 shall apply at no extra cost to the buyer.

The same provisions do not preclude an award of damages.

Article L. 217-12

Any legal action arising from a non-compliance must be taken within two years of the date on which the goods are placed at the buyer’s disposal, failing which it will be time-barred.

Article L. 217-13

The provisions of this section do not prevent the buyer from taking action for rescission for unacceptable defects (vices rédhibitoires) as set out in Articles 1641 to 1649 of the French Civil Code or any other action of a contractual or non-contractual nature recognised by law.

FRENCH CIVIL CODE

Article 1641

The seller shall warrant that the item being sold will be free from latent defects rendering it unfit for the intended use, or impairing that use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, if the buyer had known about them.

Article 1642

The seller shall not be liable for patent defects apparent to the buyer.

Article 1642-1

The seller of a building to be built may not be released, before the acceptance of the works or less than one month after the buyer has taken possession, from his liability for any construction flaws or non-compliance patent at that time.

The contract will not be rescinded nor the price reduced if the seller undertakes to repair the problem.

Article 1643

The seller shall be liable for latent defects, even if the seller is unaware of them unless, if this is the case, the seller has provided that he will not be bound by any warranty.

Article 1644

Under Articles 1641 and 1643, the buyer may elect to return the item and obtain a refund of the price or retain the item and obtain a partial refund of the price.

Article 1645

Any seller aware of the defects shall be liable to pay all types of damages to the buyer, in addition to refunding the price received.

Article 1646

Any seller unaware of the defects shall only be liable to refund the price and reimburse the costs incurred for the sale to the buyer.

Article 1646-1

The seller of a building to be built shall be bound, from the time of the acceptance of the works, by the same obligations as the architects, contractors and other persons that have contracted with the project owner under a works or services contract pursuant to Articles 1792, 1792-1, 1792-2 and 1792-3 of this Code.

Those warranties also cover the successive owners of the building.

The sale will not be rescinded nor the price reduced if the seller undertakes to repair the damage defined in Articles 1792, 1792-1 and 1792-2 of this Code and bear the burden of the warranty provided for in Article 1792-3.

Article 1647

If the defective item has perished due to its poor quality, the seller shall bear this loss and be required to refund the price to the buyer and make the other types of compensation set out in the two preceding Articles.

However, the buyer shall bear any loss caused by a fortuitous event.

Article 1648

Any legal action for rescission for unacceptable defects (vices rédhibitoires) must be taken by the buyer within two years of the discovery of the defect.

In the case provided for in Article 1642-1, the legal action must be taken within one year of the date on which the seller may be released from any liability for patent defects or any patent non-compliance, failing which it will be time-barred.