GTC
MECATECHNIC, a simplified joint-stock company (Société par Actions Simplifiée) with a share capital of €229,000, registered with the Lille Métropole Trade and Companies Register under number 808 264 154, and having its registered office at 6 allée Saint Eloi – 59118 WAMBRECHIES (hereinafter “MECATECHNIC” or “the Seller”), publishes and operates the website accessible online at the following address: https://www.mecatechnic.com
These commercial terms and conditions govern the sale of Products by MECATECHNIC to the consumer Customer (hereinafter collectively referred to as the “Parties”), through the Website.
The terms mentioned below shall have, in these Commercial Terms and Conditions, the following meanings:
“Catalogue”: means the MECATECHNIC product catalogue offered for sale through the Website.
“Customer”: means the Customer who warrants that they have the status of consumer as defined by French law and case law. In this respect, it is expressly provided that the consumer Customer is a natural person acting for purposes that do not fall within the scope of their commercial, industrial, craft, professional or agricultural activity.
“Order”: means the purchase of products made by a Customer on the Website from MECATECHNIC.
“Account”: means the interface hosted on the Website in which all data provided by the Customer is grouped together and which enables the Customer to manage their orders. Access to the Account is made באמצעות the Login Details.
“GTC”: means these general terms and conditions of sale applicable on the Website.
“Sales Contract” or “Contract”: means the contractual package governing the sale of the product through the Website. The Sales Contract consists of:
“Product Sheet”: means the commercial offer relating to a product and containing all legally required essential information.
“Login Details”: means the Customer’s email address and password, required to access their Account.
“Delivery”: means the first presentation of the products ordered by the Customer at the delivery address indicated at the time of the Order.
“Parties”: in the plural, means together the Seller and the Customer. In the singular, means only one of the two Parties.
“Website”: means the online website accessible at the following address: https://www.mecatechnic.com
“Payment Service Provider” or “PSP”: means the company holding a banking licence which, through MECATECHNIC, provides its payment services in order to collect payments from Customers. The Operator’s PSP is CF RUB 16 HIPAY, a simplified joint-stock company with a share capital of €13,125,075.00, whose registered office is located at 94 rue de Villiers, 92300 LEVALLOIS PERRET, registered with the Nanterre Trade and Companies Register under number 390 334 225.
“Product”: means any product that may be sold on the MECATECHNIC Website, including in particular parts and accessories for vehicle maintenance and restoration, consumables, tools and derivative products (clothing, various consumables, goodies).
These General Terms and Conditions of Sale are intended to govern the commercial policy applicable to sales of Products on the Website.
The Customer undertakes to read these GTC carefully and expressly accept them before proceeding with payment for an Order of Products placed on the Website.
The Customer may review these GTC at the time of ordering a Product from the Seller by means of a hyperlink, and they must be consulted before placing the Order.
The Customer is invited to read carefully, download, print the GTC available at the time of the Order and keep a copy thereof.
The Customer is advised to read the GTC available on the Website each time a new Order is placed, the latest version of the GTC applying to any new Order of Products.
Before placing their Order, the Customer declares that they have full legal capacity enabling them to commit themselves and enter into any Sales Contract.
By confirming the Order, the Customer acknowledges that they have read, understood and accepted the GTC without limitation or condition.
In order to place an Order, the Customer must register on the Website in accordance with the terms set out in the Website’s General Terms of Use.
Using their Login Details, the Customer may log in to their Account and place an Order for Products with the Seller.
Before placing their Order, the Customer declares that the purchase of Products on the Website is not directly related to their professional activity and is limited to strictly personal use.
The information that the Customer provides to the Seller when placing an Order must be complete, accurate and up to date.
The Seller reserves the right to ask the Customer to confirm, by any appropriate means, their identity, eligibility and the information provided.
The Seller undertakes to present in a clear, legible and understandable manner the essential characteristics of the Products in the Product Sheet and the mandatory information that the Customer must receive under applicable law.
These characteristics and information are set out in the Seller’s Product Sheets available on the Website. These Product Sheets notably contain the description (colour, possible size, features), composition, format and price of the Product.
The Seller shall in particular indicate, where legally required:
The environmental qualities and characteristics of any waste-generating Product (incorporation of recycled materials, use of renewable resources, durability, compostability, repairability, reusability, recyclability and the presence of hazardous substances, precious metals or rare earths);
The durability index of electrical and electronic equipment and DIY and gardening items;
The applicable sorting rules.
Accordingly, the Customer agrees to read them carefully before placing an order on the Website.
The Customer acknowledges having verified the suitability of the offer and the Products for their needs.
The Seller guarantees that the Products marketed comply with current European legislation and the standards applicable in France.
Orders for Products are placed directly on the Website or by telephone by contacting the sales department on +33 3 20 26 26 33 from Monday to Friday, 8:00 a.m. to 6:00 p.m. To place an Order on the Website, the Customer must follow the steps described below.
The Customer must select the Product(s) of their choice by clicking on the relevant Product(s) and choosing the desired quantity or, where applicable, the characteristics of the desired Product.
Once the Product has been selected, it is placed in the Customer’s basket. The Customer may add as many Products as they wish to their basket.
Once the Product has been placed in the basket, the Customer must click on the basket and verify that the contents of their Order are correct.
To validate the basket contents and proceed to payment, the Customer is invited to log in to their Account created under the conditions defined in the General Terms of Use.
The Customer is invited to check the contents of their Order (including the quantity and references of the Products ordered, the method of payment and the price) before validating it.
The Customer then acknowledges the GTC and accepts them when validating their Order.
After verification, the Customer may then proceed to secure payment for the Products by following the instructions appearing on the Website and providing all information necessary for invoicing and delivery of the Products where applicable.
Orders placed must include all information necessary for their processing.
Once all the steps described above have been completed, a page appears on the Website acknowledging receipt of the Customer’s Order. A copy of the acknowledgement of receipt of the Order is automatically sent to the Customer by email within twenty-four (24) business hours, provided that the email address supplied through the registration form or in the Account is correct.
During the ordering procedure, the Customer must enter the information necessary for invoicing (the sign (*) will indicate the mandatory fields that must be completed for the Customer’s Order to be processed by the Seller).
The Customer must in particular clearly indicate all information relating to Delivery, especially the exact Delivery address, as well as any access code for the Delivery address.
The Customer must also specify the chosen method of payment.
Neither the online order form completed by the Customer nor the acknowledgement of receipt sent to the Customer by email constitutes an invoice. Whatever ordering or payment method is used, the Customer may access the invoice from their Account.
The price of the Products is freely determined by the Seller, in compliance with the laws and regulations in force. The Seller is responsible for the price indicated.
For all Products, the Customer will find on the Product Sheets prices displayed in euros including all taxes (TTC), as well as any Delivery charges that may apply.
The prices including all taxes notably include Value Added Tax (VAT) at the rate in force on the date of the Order. Any change in the applicable rate may affect the price of the Products from the effective date of the new rate.
The prices indicated are valid except in the event of a manifest error. The applicable price is the one indicated on the date the Order is placed by the Customer.
A Product that is unavailable is in principle not visible on the Website. Any Seller offering a Product on the Website guarantees its availability.
If, exceptionally, the unavailability was not indicated at the time of the Order, the Seller undertakes to inform the Customer without delay if the Product is unavailable.
If a Product is unavailable, the Seller may, if the Parties agree, offer an alternative Product of equivalent quality and price, accepted by the Customer.
If the Customer decides to cancel their order for unavailable Products, they shall receive reimbursement of all sums paid for the unavailable Products no later than fourteen (14) days following the date on which the contract was terminated.
The terms of the right of withdrawal are set out in Appendix 1 “Withdrawal Policy”.
Payments made for Orders via the Website are handled by the Payment Service Provider.
The Customer may pay for their Products online on the Website:
MECATECHNIC
6 allée Saint Eloi
59118 – Wambrechies
France
Conditions: This offer is reserved for private individuals (adult natural persons) residing in France and holding a Visa or MasterCard bank card with an expiry date later than the duration of the chosen financing period. Cards requiring systematic authorisation, including Electron, Maestro, Nickel, etc., as well as e-cards, Indigo cards and American Express cards are not accepted.
Subscription procedure: After completing your order, simply click on the “3x 4x Oney payment by bank card” button. You will then be redirected to our partner’s 3x 4x Oney web page displaying the detailed summary of your order and the personalised financing request, which you must then validate. You enter your personal information or, if you have a 3x 4x Oney account, you log in using the login details linked to your 3x 4x Oney account. You review the general instalment payment conditions to which you wish to subscribe, which are provided to you in PDF format so that you can read, print and save them before accepting them. You then notify your electronic acceptance by ticking the corresponding box. You acknowledge that the “double click” associated with the checkbox confirming that you have reviewed the general terms constitutes consent to contract and an irrevocable and unconditional acceptance of the product’s general terms. Unless proven otherwise, the data recorded by Oney constitute proof of all transactions made between you and Oney. If you request to benefit from a financing solution offered by Oney, the information relating to your order will be transmitted to Oney, which will use it to review your application for the granting, management and recovery of credit. Oney reserves the right to accept or refuse your request for 3x 4x Oney financing. You have a 14-day withdrawal period to cancel your credit.
How it works: Payment in 3 or 4 instalments by bank card allows you to pay for the order placed on our e-commerce website as follows: a mandatory down payment, debited on the day the shipment of your order is confirmed, corresponding to one third or one quarter of the order, to which fees are added corresponding to 1.67% of the total order amount for a 3-instalment payment and 2.5% for a 4-instalment payment (up to a maximum of €30 for payment in 3 instalments and €60 for payment in 4 instalments); two or three monthly instalments, each corresponding to one third or one quarter of the order, debited after 30 and 60 days for payment in 3 instalments and after 30, 60 and 90 days for payment in 4 instalments.
Payment in 3 instalments from €150 up to €4,000. Example: For a purchase of €150, down payment of €52.51, then 2 monthly instalments of €50. Credit lasting 2 months at a fixed APR of 22.59%. Financing cost: €2.51, capped at €30 maximum.
Payment in 4 instalments from €200 up to €4,000. Example: For a purchase of €400, down payment of €110, then 3 monthly instalments of €100. 3-month credit at a fixed APR of 22.63%. Financing cost: €10, capped at €60 maximum.
Oney - SA with a share capital of €71,801,205 - Registered office: 34 avenue de Flandre 59170 CROIX - RCS Lille Métropole 546 380 197 - Orias no.: 07 023 261 - www.orias.fr
Any payment incident will result in cancellation of the order and the possibility for the Company to refuse subsequent orders if a dispute remains with the Customer.
At the time of payment, the Customer will be redirected to a secure area. The Customer acknowledges being informed that all payments on the Website are made via the Payment Service Provider, which manages financial flows.
In this context, the Customer warrants to the Seller that they hold all authorisations required to use the chosen method of payment.
All necessary measures shall then be taken to ensure the security and confidentiality of the data transmitted online as part of online payment on the Website.
If the bank refuses to debit a card, the Customer must contact MECATECHNIC.
If, for whatever reason, objection, refusal or otherwise, the transfer of the funds due by the Customer proves impossible, the Order and the sale shall be cancelled.
The Delivery terms are set out in Appendix 2 “Delivery Policy”.
The Seller remains the owner of the Products delivered until they have been paid for in full by the Customer.
The above provisions shall not prevent the transfer to the Customer, at the time when the latter or a third party designated by them physically takes possession of the Product, of the risks of loss or damage to the Products subject to retention of title, as well as the risks of damage they may cause.
If the Product is handed over to a carrier other than the one proposed by the Seller, the risk of loss of or damage to the Product is transferred to the Customer when the Product is handed over to the carrier.
Every Customer benefits from “statutory” warranties for all Products, detailed in Appendix 3 “Statutory Warranties” in accordance with Article L.221-5 of the French Consumer Code.
The Seller may under no circumstances be held liable for non-performance or improper performance of contractual obligations attributable to the Customer, particularly when entering their Order.
The Seller may not be held liable, or considered to have failed to comply with these terms, for any delay or failure to perform any of its obligations described herein where the cause of the delay or failure is linked to a force majeure event as defined by the case law of French courts and tribunals.
The Seller’s liability may not be engaged if the non-performance or delay in the performance of any of its obligations described in these GTC results from a force majeure event within the meaning of Article 1218 of the French Civil Code and French case law.
In contractual matters, force majeure exists when an event beyond the debtor’s control, which could not reasonably have been foreseen when the Contract was concluded and whose effects cannot be avoided by appropriate measures, prevents the debtor from performing its obligation.
If the impediment is temporary, performance of the obligation is suspended unless the resulting delay justifies termination of the contract. If the impediment is permanent, the contract is automatically terminated and the parties are released from their obligations under the conditions set out in Articles 1351 and 1351-1 of the French Civil Code.
Should one of the aforementioned events occur, the Seller shall endeavour to inform the Customer as soon as possible.
Any consumer may register free of charge on the BLOCTEL telephone canvassing opt-out list: https://www.bloctel.gouv.fr/
In accordance with Law No. 2020-901 of 24 July 2020 intended to regulate telephone canvassing and combat fraudulent calls, any professional reserves the right to canvass a consumer registered on the telephone canvassing opt-out list where such solicitations take place as part of the performance of an ongoing contract and relate to the subject matter of said contract, including where the purpose is to offer the consumer products or services related or complementary to the subject matter of the ongoing contract or likely to improve its performance or quality.
The Customer’s data is kept confidential by the Seller, for the needs of the Contract, its performance and in compliance with the law, for a period of three (3) years from the end of the commercial relationship if you are a Customer, or from your last contact if you are not yet a customer.
The data may be communicated, in whole or in part, to the Seller’s service providers involved in the Order process.
In accordance with Law No. 78-17 of 6 January 1978 on information technology, data files and civil liberties, and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (the General Data Protection Regulation known as GDPR), the Seller ensures the implementation of the rights of data subjects.
It is recalled that the Customer whose personal data is processed has the rights of access, rectification, erasure, updating, portability, objection to information concerning them, as well as a right to restriction of processing in accordance with Articles 15, 16, 17 and 18 of the GDPR.
In accordance with Article 56 of the French Data Protection Act and Article 21 of the GDPR, the Customer may also, on legitimate grounds, object to the processing of data concerning them, without giving reasons and free of charge.
The Customer may also define what should happen to their data after their death and choose whether or not the Seller may communicate their data to a third party previously designated by the Customer (Article 85 of the French Data Protection Act).
The Customer may exercise these rights by sending an email or a letter to the Seller.
Lastly, the Customer may also lodge a complaint with the supervisory authorities, and in particular with the CNIL:
https://www.cnil.fr/fr/plainteshttps://www.cnil.fr/fr/plaintes
The entire policy relating to the processing of personal data implemented by the Operator is detailed in the Website’s Privacy Policy accessible here: https://www.mecatechnic.com/fr-FR/accept_cookies.asp
Any Customer may submit a complaint relating to an Order of Products to the Seller.
The Customer must contact the Seller from their Account or by telephone on +33 3 20 26 26 33 within 24 business hours upon receipt of any Product relating to the Products ordered or in the absence of receipt of the Products ordered, for example in the following cases:
Product not received;
Non-conforming Product: the Product received does not correspond to the Product ordered;
Damaged Product: the Product received is damaged or incomplete.
The Customer must also indicate the relevant Order number.
Any dispute relating to the Order of Products shall be settled directly between the Customer and the Seller, the only Parties to the Sales Contract.
If any provision of these GTC is declared null and void under any applicable legislative or regulatory provision and/or a court decision having the authority of res judicata, it shall be deemed unwritten but shall in no way affect the validity of the other clauses, which shall remain fully applicable.
Such amendment or decision shall under no circumstances authorise Customers to disregard these GTC.
These GTC of the Website are precisely dated and may be amended and updated at any time. However, it is specified that the applicable GTC are those in force at the time of the Order. Accordingly, amendments made to the GTC shall not apply to Products already ordered.
THESE GTC, AS WELL AS THE RELATIONSHIP BETWEEN THE CUSTOMER AND THE SELLER, ARE GOVERNED BY FRENCH LAW.
IN THE EVENT OF A DISPUTE, ONLY THE FRENCH COURTS SHALL HAVE JURISDICTION.
However, before resorting to arbitration or state courts, the Customer is invited to contact the Seller via their Account.
If no agreement is reached, or if the Customer proves that they have first attempted to resolve their dispute directly with the Seller by means of a written complaint without obtaining a response, an optional mediation procedure shall then be proposed, conducted in a spirit of loyalty and good faith with a view to reaching an amicable agreement upon the occurrence of any conflict relating to these Commercial Terms and Conditions, including their validity.
To initiate this mediation, and pursuant to Article L.616-1 of the French Consumer Code, the Customer may contact the FEVAD consumer mediator (Fédération du e-commerce et de la vente à distance), who may be referred to as follows:
FEVAD Consumer Mediator
BP 20015 - 75362 PARIS CEDEX 8 - FRANCE
https://www.mediateurfevad.fr/
Any consumer also has the possibility of using the European online dispute resolution platform accessible at the following address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR
The Party wishing to implement the mediation process must first inform the other party by registered letter with acknowledgment of receipt, indicating the elements of the dispute
As mediation is not mandatory, the Customer or the Seller may withdraw from the process at any time.
IF MEDIATION FAILS OR IS NOT CONTEMPLATED, THE DISPUTE THAT MAY HAVE BEEN THE SUBJECT OF MEDIATION SHALL BE REFERRED TO THE COMPETENT COURT.
Right of withdrawal
The Customer has, in principle, the right to withdraw by returning or handing back the Product to the Seller, without giving any reason.
For this purpose, the Product must be returned or handed back no later than fourteen (14) days following communication of the decision to withdraw, unless the Seller offers to collect the Product itself.
Withdrawal period
The withdrawal period expires fourteen (14) days after the day on which the Customer, or a third party other than the carrier and designated by the Customer, physically takes possession of the Product.
Where the Customer has ordered several Products through a single Order resulting in several Deliveries (or in the case of an Order for a single Product delivered in several consignments), the withdrawal period shall expire fourteen (14) days after the day on which you, or a third party other than the carrier and designated by you, physically take possession of the last item (or consignment).
In the event of Delivery of the Product in several consignments or parts, the withdrawal period shall expire fourteen (14) days after the day on which you, or a third party other than the carrier and designated by you, physically take possession of the last consignment or the last part.
Notification of the right of withdrawal
To exercise the right of withdrawal, and in accordance with Article L.221-21 of the French Consumer Code, the Customer must notify the Seller of their decision to withdraw by means of an unambiguous statement (for example, a letter sent by post, fax or email).
The Customer may also use the form below:
WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract.)
For the attention of [Seller’s name – geographical address and email address]
I hereby notify you of my withdrawal from the contract relating to the sale of the Product below:
Ordered on / received on:
Name of consumer:
Address of consumer:
Signature of consumer (only if this form is notified on paper):
Date:
For the withdrawal period to be complied with, the Customer must send their communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
In the event of withdrawal by the Customer, the Seller undertakes to reimburse all sums paid, including delivery costs, without undue delay and no later than fourteen (14) days from the date on which it is informed of the Customer’s decision to withdraw (Article L.221-24 of the French Consumer Code).
In accordance with Article L.221-23 of the French Consumer Code, the consumer shall bear only the direct costs of returning the goods, unless the Seller agrees to bear them.
The Seller may defer reimbursement until it has recovered the Products or until the Customer has provided proof of dispatch of the Products, whichever occurs first.
The Seller shall make the reimbursement using the same means of payment as that used by the Customer for the initial transaction, unless the Customer expressly agrees that another means of payment may be used and provided that the reimbursement does not incur any costs for the Customer.
Return terms
In any event, no later than fourteen (14) days after communicating their decision to withdraw from these Commercial Terms and Conditions, the Customer must return the goods to the Seller’s address.
This deadline shall be deemed met if the Customer returns the goods before expiry of the fourteen (14)-day period.
Return costs
The Customer must bear the direct costs of returning the goods.
Condition of the returned goods
The Product must be returned in accordance with the Seller’s instructions and must include in particular all accessories delivered.
The Customer’s liability shall only be engaged with regard to any depreciation in the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product. In other words, the Customer may test the Product, but their liability may be engaged if they carry out handling other than what is necessary.
Exclusion of the right of withdrawal
The right of withdrawal may not be exercised for contracts (Article L.221-28 of the French Consumer Code):
For the supply of services fully performed before the end of the withdrawal period and, if the contract places the consumer under an obligation to pay, where performance has begun with the consumer’s prior express agreement and acknowledgment of the loss of their right of withdrawal, once the service has been fully performed by the trader;
For the supply of goods or services whose price depends on fluctuations in the financial market beyond the trader’s control and likely to occur during the withdrawal period;
For the supply of goods made to the consumer’s specifications or clearly personalised;
For the supply of goods liable to deteriorate or expire rapidly;
For the supply of goods that have been unsealed by the consumer after Delivery and which cannot be returned for reasons of hygiene or health protection;
For the supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;
For the supply of alcoholic beverages the delivery of which is deferred beyond thirty days and the value of which agreed at the conclusion of the contract depends on market fluctuations beyond the trader’s control;
For maintenance or repair work to be carried out urgently at the consumer’s home and expressly requested by the consumer, within the limit of spare parts and work strictly necessary to respond to the emergency;
For the supply of audio or video recordings or computer software when they have been unsealed by the consumer after Delivery;
For the supply of a newspaper, periodical or magazine, except for subscription contracts for such publications;
Concluded at a public auction;
For accommodation services, other than residential accommodation, goods transport services, car rental services, catering or leisure activities to be provided on a specific date or during a specific period;
For the supply of digital content not supplied on a tangible medium where performance has begun before the end of the withdrawal period and, if the contract places the consumer under an obligation to pay, where:
a) the consumer has given prior express consent for performance of the contract to begin before expiry of the withdrawal period; and
b) the consumer has acknowledged that they will lose their right of withdrawal; and
c) the trader has provided confirmation of the consumer’s agreement in accordance with the provisions of the second paragraph of Article L.221-13.
Delivery Area
The default Delivery area is mainland France, it being specified that the Seller may restrict the geographical Delivery area. This information is stated in the Product Sheet and/or the Seller’s GTC.
It is impossible to place an Order for any Delivery address located outside this Delivery area. Products are shipped to the Delivery address indicated by the Customer during the ordering process.
Dispatch time
The times for preparing an Order, before dispatch of in-stock Products, are mentioned on the Product Sheet or, failing that, in the GTC. These times exclude weekends and public holidays.
An email message shall automatically be sent to the Customer at the time the Product is dispatched, provided that the email address appearing in the registration form is correct.
Delivery times & costs
During the ordering process, the Seller informs the Customer of the possible dispatch times and methods for the Products purchased. Shipping costs are calculated according to the method of Delivery. The amount of these costs shall be payable by the Customer in addition to the price of the Products purchased. Details of delivery times and costs are indicated on the Seller’s Product Sheet.
Delivery terms
The Delivery terms are detailed on the Seller’s Product Sheet or, failing that, in the GTC.
Delivery issues
If the Seller fails to fulfil its delivery obligation, the Customer may rely on Article L.216-6 of the French Consumer Code, which provides for the possibility:
To notify suspension of payment of all or part of the price until the trader performs, under the conditions of Articles 1219 and 1220 of the French Civil Code;
To terminate the contract if, after having formally requested the trader to make delivery within an additional reasonable period, the trader has not performed within that period.
The Sales Contract shall be deemed terminated upon receipt by the Seller of the letter or written notice informing it of such termination, unless the Seller has performed in the meantime.
The Customer may immediately terminate the contract:
Where the trader refuses to deliver the Product or where it is clear that it will not deliver the goods;
Where the trader does not fulfil its obligation to deliver the Product on the date or at the expiry of the period provided for in Article L.216-1 of the French Consumer Code and that date or period constitutes an essential condition of the contract for the Customer. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request by the Customer before the contract was concluded.
Where the contract is terminated under the above-mentioned conditions, the Seller shall reimburse the Customer all sums paid, no later than fourteen (14) days following the date on which the contract was terminated.
In addition to any commercial warranties that the Seller may offer for certain Products, every Customer benefits from “statutory” warranties for all Products, as detailed below, in accordance with Article L.111-1 of the French Consumer Code.
The consumer has a period of two years from delivery of the goods in which to obtain implementation of the statutory warranty of conformity in the event of the appearance of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared.
Where the sales contract for the goods provides for the supply of digital content or a digital service continuously for a period exceeding two years, the statutory warranty applies to that digital content or digital service throughout the planned supply period. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or digital service and not the date on which it appeared.
The statutory warranty of conformity entails an obligation for the trader, where applicable, to provide all updates necessary to maintain the conformity of the goods.
The statutory warranty of conformity entitles the consumer to repair or replacement of the goods within thirty days of their request, free of charge and without major inconvenience to them.
If the goods are repaired under the statutory warranty of conformity, the consumer benefits from a six-month extension of the original warranty.
If the consumer requests repair of the goods, but the seller imposes replacement, the statutory warranty of conformity is renewed for a period of two years from the date of replacement of the goods.
The consumer may obtain a reduction in the purchase price by keeping the goods or may terminate the contract and obtain a full refund against return of the goods if:
1° The trader refuses to repair or replace the goods;
2° The repair or replacement of the goods takes place after a period of thirty days;
3° The repair or replacement of the goods causes major inconvenience to the consumer, particularly where the consumer definitively bears the costs of taking back or removing the non-conforming goods, or if they bear the installation costs of the repaired or replacement goods;
4° The lack of conformity of the goods persists despite the seller’s unsuccessful attempt to bring them into conformity.
The consumer is also entitled to a reduction in the price of the goods or termination of the contract where the lack of conformity is so serious that it justifies an immediate price reduction or termination of the contract. In such case, the consumer is not required first to request repair or replacement of the goods.
The consumer is not entitled to termination of the sale if the lack of conformity is minor.
Any period during which the goods are immobilised for repair or replacement suspends the warranty that remained to run until delivery of the repaired goods.
The rights mentioned above result from the application of Articles L.217-1 to L.217-32 of the French Consumer Code.
A seller who in bad faith obstructs the implementation of the statutory warranty of conformity incurs a civil fine of up to €300,000, which may be increased to up to 10% of the average annual turnover (Article L.241-5 of the French Consumer Code).
The consumer also benefits from the statutory warranty against hidden defects under Articles 1641 to 1649 of the French Civil Code, for a period of two years from discovery of the defect. This warranty entitles the consumer to a price reduction if the goods are kept, or a full refund against return of the goods.
