Terms of sale
Terms of Sales
1. PURPOSE (Our General Conditions of Sale, what are they for?)
The purpose of these General Conditions of Sale (hereinafter “CGV”) is to govern all contracts for the online sale of products presented on the L'Appartement Français SITE, concluded between L'Appartement Français and any Internet user (hereinafter after the “CUSTOMER”), who places online orders on the SITE.
In the event that the CUSTOMER acts as a professional, it is reminded that he does not benefit from the protective provisions of the Consumer Code.
These General Terms and Conditions constitute the contractual documents binding on the parties, to the exclusion of all other documents such as prospectuses, catalogs or photographs of the products which have only indicative value.
2. GENERAL INFORMATION ABOUT OUR T&Cs (Good to know)
L'appartement Français is an independent multi-brand retailer. Its legal form is the SAS registered with the RCI of Paris under the number Siret 83131223600019.
The General Conditions of Sale are directly available on our SITE and are applicable to the CUSTOMER who acknowledges, by checking a box provided for this purpose when opening an account and/or before placing an order, having been aware of them and the have accepted.
Validation of the order by its confirmation constitutes acceptance by the CUSTOMER of the General Terms and Conditions in force on the day of the order, the conservation and reproduction of which are ensured by L'Appartement Français.
L’Appartement Français reserves the right to adapt or modify, at any time, these General Terms and Conditions. The CUSTOMER will be informed of this by posting on the WEBSITE. If he does not agree to the modified GT&C, he will no longer be able to place orders on the SITE.
The applicable General Terms and Conditions are those in force on the date of the order.
3. OPENING AN ACCOUNT
Opening an account is required to place an order.
Opening an account allows you to see the history of orders placed on the SITE, to consult and edit delivery and billing addresses, to create a wish list, to consult all of your opinions and comments. that he left on the products etc.
The CUSTOMER certifies being of legal age, not being under a measure of guardianship or curatorship, and having the legal capacity to contract with L'Appartement Français in order to open an account.
The CUSTOMER registers on the SITE and provides information about him, namely his last name, first name, email address and password.
This information is necessary for the relationship between L’Appartement Français and the CLIENT. Consequently, failure to provide the requested information is equivalent to renouncing the creation of an account.
When registering, the CUSTOMER validates, on the one hand, a user name (his email address), and, on the other hand, a password, which will allow him to identify himself on the SITE'S servers. for placing the order and during subsequent logins.
The CUSTOMER certifies that the information provided when creating the account is truthful, accurate, sincere and up to date. Under no circumstances can L’Appartement Français be held responsible for the consequences of an erroneous or non-updated mention. The CUSTOMER thus undertakes to update his account in all cases of change of address, change of telephone or email contact details.
As part of the opening of their Customer account, the latter will have the possibility of subscribing to the L'Appartement Français Newsletter.
4. PRODUCT DESCRIPTION
Our SITE L’Appartement Français offers you a selected range of products exclusively made in France.
The essential characteristics and prices of our products sold electronically are available on the SITE.
The prices and special offers offered on the SITE only apply to products sold online and cannot be applied to products sold in stores, and vice versa.
In all cases where the CUSTOMER wishes to obtain technical clarification or additional information on one of the products sold on the SITE, L'Appartement Français Customer Service is at their entire disposal. To contact him, the CUSTOMER is invited to consult the terms and conditions specified in article 15 of these General Terms and Conditions.
5. PRICE
The prices of the products are indicated on the product sheet in Euros and all taxes included, excluding delivery costs.
L’Appartement Français reserves the right to modify its prices at any time, while guaranteeing to the CUSTOMER the application of the price in force on the day of the order.
If the VAT rate were to be modified, these changes may be reflected in the price of the items.
The CUSTOMER is informed of the delivery costs of the products which will be invoiced in addition to the price, before the final validation of his order.
All orders are payable in euros.
Promotional offers are only valid for the duration mentioned on the SITE and only while stocks last.
6. PLACING ORDERS (Products at your fingertips)
In order to place orders, the CUSTOMER must identify themselves using their email address and password on the SITE to place an order via their account.
The CUSTOMER can then, as part of a session, fill their virtual basket on the SITE, choosing the selected products of their choice and the desired quantities.
With the exception of a first order, the CUSTOMER places an order via their account, their delivery information is already provided when placing the order. The CUSTOMER can always correct the information that appears on his account.
Any details useful for the delivery of the package, on the delivery address, must be made by the CUSTOMER.
The CUSTOMER provides information relating to the payment method, as well as information relating to the execution of the payment itself.
The CUSTOMER also has the possibility, if he wishes to have a gift delivered, to indicate the name of the recipient and the place of delivery.
After adding his products to his basket, and before definitively validating his order by clicking on the “Validate” button, the CUSTOMER checks the details and the total price of his order and the delivery costs which he can confirm or modify in case of errors.
Also before validating his order, the CUSTOMER declares having read and irrevocably accepted these General Terms and Conditions in force on the day of the order, by checking the corresponding box.
Always before validating their order, the CUSTOMER can leave a specific comment addressed to customer service before validating their order.
As soon as he validates the order by clicking on the “Validate” button, it is definitively placed and binds the CUSTOMER.
An order number is then assigned to him and confirmed to the email address he entered, which he must keep.
Any order constitutes express and irrevocable acceptance of the prices and descriptions of the Products available for sale online.
The CUSTOMER is obliged to pay the amount displayed at the end of the verification process, as well as the delivery costs as set out in these General Terms and Conditions in Article 10 “Delivery”.
The order is only definitively taken into account by L'Appartement Français once the amount invoiced for the order has been fully paid. In the event of non-payment, the order is canceled.
Upon validation and payment of the order by the CUSTOMER, L'Appartement Français acknowledges receipt electronically within 24 hours, summarizing the items of the order placed and the price of the order. The CUSTOMER acknowledges that this email constitutes proof of the nature of the agreement and its date.
If you have not received this order confirmation email, please check the “spam” in your email box. If your email does not appear in “spam”, please contact us via the contact form on the L’Appartement Français website.
7. CUSTOMER ACCEPTANCE
The CUSTOMER is fully informed that it is technically not possible to place an order online without having first read and duly accepted these General Terms and Conditions. Any order placed on the SITE implies the CUSTOMER's full and unreserved acceptance of these General Terms and Conditions. This membership will be materialized by electronically checking the box “I have read and approved the General Conditions of Sale” then clicking on the “Validate” button.
8. PAYMENT
Payment for the order is made immediately on the Internet, according to the instructions given for this purpose during the order validation process.
Payment for the order, by the CUSTOMER, is made exclusively in euros.
The amount to be paid is the total amount, all taxes included, of the products ordered to which are added the delivery costs as determined in article 10 “Delivery”. The total amount of the order plus delivery costs is recalled before the payment procedure.
Payment is made exclusively by credit card. Visa or Mastercard network cards are accepted, online directly following the order, using the references of the order previously placed online.
L’Appartement Français does not keep any element specific to the banking data of its CLIENTS.
All banking transactions are done with Shopify Payments
For the payment of online orders, L’Appartement Français uses the services of the company Shopify Payments. The SITE provides the standard SSL secure form “Secure Sockets Layer” issued by the platform which encrypts information in order to protect data linked to personal information and means of payment. Card numbers and card expiration date are instantly encrypted using SSL and do not pass through never in the clear on the site.
The CUSTOMER certifies that he is the holder of the bank card for which he communicates the information and that he holds all the rights necessary to use it. Any order validated by the CUSTOMER is only considered effective by L'Appartement Français after acceptance by the Internet payment server of the company Shopify Payments.
Finally, the CUSTOMER explicitly acknowledges his obligation to pay, when placing his order, by checking a box indicating “I have read and approved the General Conditions of Sale and understand that this order obliges me to pay”.
9. AVAILABILITY (We are sometimes victims of our success)
Our products are made in France, with stocks sometimes limited. The offer made is only subject to stock availability.
In the event that the ordered item is unavailable, L'Appartement Français will inform the CUSTOMER within three (3) days by email or telephone. The order will be automatically canceled for the product concerned.
The CUSTOMER may, at his choice, be immediately reimbursed for the price of the unavailable product, without additional compensation. He can make his choice known by simply returning to the address. It is specified that on deferred debit cards the reimbursement only appears at the end of the deferred period, most often at the end of the month.
10. DELIVERY (Soon to your home)
Where do we deliver ? And at what price ?
We ship our products to the following countries: Metropolitan France (including Corsica), European Union, and internationally.
Delivery is made to the address mentioned by the CUSTOMER when validating the online order. Parcels are sent by Colissimo in mainland France (including Corsica).
The price of home delivery is :
- 4.95 euros all taxes included for all parcels destined for mainland France (including Corsica);
- 25 euros all taxes included for all packages destined for the European Union.
- 50 euros all taxes included for all packages destined internationally outside the European Union.
The price of deliveries is indicated before validation of the order.
When ?
Products are delivered on average between 2 to 5 working days (Monday to Friday) from receipt of the order. An order for the European Union and International will be delivered within 6 to 10 days.
In the absence of delivery within the aforementioned deadlines, delivery of the items ordered takes place in any event no later than thirty (30) days from validation of the order.
Delivery Information
When the Customer's order is shipped, you will receive a shipping confirmation email. This email will contain a link allowing the Customer to view their order as well as a link allowing them to track their delivery.
The CUSTOMER receives, upon delivery, written confirmation of the price paid detailing the price of the items and the delivery costs charged to them.
What to do in case of late delivery ?
In the event of a delay, we invite you to contact us to resolve this inconvenience as quickly as possible.
In the absence of delivery within the above-mentioned deadlines, the CUSTOMER may, after unsuccessfully requesting L'Appartement Français to fulfill its delivery obligation within a reasonable additional period by registered letter with acknowledgment of receipt or in writing, terminate the contract, according to the same conditions.
In this case, the sums paid will then be returned to him within a maximum period of 14 days from the termination of the contract, to the exclusion of any other compensation.
Total failure to deliver automatically results in the termination of the sales contract.
Transfer of ownership
L’Appartement Français retains full ownership of the products until full payment of the price and delivery costs.
11. DEFECTIVE PRODUCT OR DELIVERY ERROR
The products ordered are packaged in sealed boxes.
Thus, upon delivery, the CUSTOMER must check the general condition of the package and the condition of the products delivered in order to report the presence of possible damage without delay.
If it turns out that products are damaged or do not correspond to the order, the CUSTOMER is asked to state all his reservations on the delivery note given to the delivery person and to clearly indicate the nature of the damage and/or of the error. Any anomaly concerning the items (damage, item missing from the order form, damaged or opened package, broken item, defective, etc.) must be reported within seventy-two (72) hours following delivery to L'Appartement French in writing to the address david(at)lappartementfrancais.fr.
In the event that he has accepted delivery and wishes to make a return, the CUSTOMER follows the return procedure described in article 14 below.
12. GARANTIE
L’Appartement Français guarantees that the products offered on the SITE comply with current European and French legislation.
Please note that the Products delivered may have slight differences from the items photographed.
It is specified that the Products do not benefit from any commercial guarantee within the meaning of articles L.217-15 et seq. of the Consumer Code.
L'Appartement Français is, however, liable for defects in the conformity of the products under the conditions of articles L. 217-4 et seq. of the Consumer Code and for hidden defects in the item sold under the conditions provided for in articles 1641 et seq. of the Civil Code. . These articles are reproduced at the end of these General Terms and Conditions.
If the CUSTOMER wishes to implement the legal guarantee of non-conformity, we invite you to contact L’Appartement Français customer service.
If the Customer wishes to implement the legal guarantee, he must send his request to the following address, using the return form below:
L’Appartement Français
Customer service
27 rue du Bourg-Tibourg
75004 PARIS
If replacement of the product is impossible, the CUSTOMER may have the price and delivery costs refunded.
As part of the legal guarantee of conformity, the return costs will be reimbursed to the CUSTOMER by L'Appartement Français upon presentation of supporting documents.
13. RIGHT OF WITHDRAWAL (You have the right to change your mind)
The CUSTOMER has a period of thirty (30) clear days from receipt of the products to exercise their right of withdrawal, without having to justify themselves or pay penalties. Return costs are free for mainland France by simply requesting a Return Slip (to be requested from customer service at the email address david(at)lappartementfrancais.fr. Return costs concern the European Union and International remain the responsibility of the CUSTOMER.
This period begins to run at the start of the first hour of the first day following delivery of the Product and ends at the end of the last hour of the last day of the period. When the thirty (30) day period expires on a Saturday, Sunday or public or non-working holiday, the period extends until the first following working day.
To exercise his right of withdrawal, the CUSTOMER notifies L'Appartement Français of his clear and unequivocal desire to withdraw by sending it to L'Appartement Français by email at the address david(at)lappartementfrancais.fr, or by postal mail to the following address: L'Appartement Français 27 rue du Bourg-Tibourg, 75004 PARIS, FRANCE. To do this, the CUSTOMER can complete in full the withdrawal form attached below, indicating their name, geographical address, telephone number and email address;
Following the sending of his declaration of withdrawal, the CUSTOMER has a period of (fourteen) 14 days to return the product ordered to L'Appartement Français to the customer service (Returns) under the conditions described in the article 14 below.
The CUSTOMER is fully informed that the costs of returning the products remain his responsibility.
For reasons of hygiene and health protection, the CUSTOMER is fully informed that when he intends to use his right of withdrawal, he must return the products ordered in perfect condition, sealed in their original packaging, and not used.
Failing this, in the event of withdrawal after use of the goods, the Customer will not be reimbursed the price of the returned products and other costs, or, if the reimbursement has already been made by L'Appartement Français to the CUSTOMER, the latter must refund all reimbursements already received.
L'Appartement Français will reimburse all amounts paid by the CUSTOMER, with the exception of delivery costs, no later than fourteen (14) calendar days from receipt of the returned products, using the same means of payment. payment that the CUSTOMER chose for the initial transaction. With the express agreement of the CUSTOMER, another means of reimbursement may be used.
In any case, this reimbursement will not incur any costs for the CUSTOMER.
Appartement Français may defer reimbursement until recovery of the goods or until the CUSTOMER has provided proof of shipment of these goods, the date chosen being that of the first of these events.
However, L'Appartement Français is not required to reimburse additional costs if the CUSTOMER has expressly chosen a more expensive delivery method than the standard delivery method.
14. PRODUCT RETURN PROCEDURE
Only items purchased on the SITE can be returned to L’Appartement Français for refund or exchange. Items purchased in store must be returned to the store.
As part of the exercise of one of the guarantees referred to in Article 12 or the right of withdrawal referred to in Article 13 above, the CLIENT follows the procedure described below :
1. The CUSTOMER completes in full and signs the warranty return or return for withdrawal form then sends the address to L'Appartement Français customer service (returns) by email to the following address: david(at)lappartementfrancais.fr or by post to L'Appartement Français, 27 rue du Bourg-Tibourg, 75004 PARIS, FRANCE
2. Upon receipt of the return form, L’Appartement Français sends the CUSTOMER an acknowledgment of receipt specifying the practical arrangements for returning the package.
3. The CUSTOMER packages the product following the return instructions in their original packaging, complete, with original labels, accessories, instructions for use and warranty;
4. In the event of exercising the right of withdrawal, the CUSTOMER organizes the recovery and in any case no later than 14 days following the sending of their return request to L'Appartement Français;
5. Upon receipt of the package, L'Appartement Français contacts the CUSTOMER by email or telephone and confirms, depending on the causes of the return and under the conditions mentioned above, replacement with a new product or reimbursement equivalent to the price of the product returned on the original date of purchase.
15. CUSTOMER SERVICE (We are at your service)
L’Appartement Français provides customer service before, during and after a CUSTOMER orders its products.
For any questions or complaints, our customer service can be reached by email at the following address: david(at)lappartementfrancais.fr
Our customer service is committed to providing you with a response by email within 24 working hours after receiving your message.
You can also write to us at the following address:
L’Appartement Français
27 rue du Bourg-Tibourg
75004 PARIS
16. INTELLECTUAL PROPERTY
The CUSTOMER is also informed that the present document does not confer on him any intellectual property rights.
Any text, drawing, brand, logo, sign, product name, title, sound and music, video graphics, user interface, visual interface, photography and source code (hereinafter the “Contents”) including, and without this list is exhaustive, the operation and appearance of these Contents, appearing on the SITE are the property of L'Appartement Français and are protected by texts relating to copyright, patents and trademarks, and other rights of intellectual property.
The reproduction, distribution, transmission, modification or use of all or part of these elements is authorized for information purposes only, for private, personal and non-commercial use. Any other use of elements of the SITE is prohibited.
Any Customer can contribute to enriching the content of the Site. In this case, the Client authorizes, on a non-exclusive basis, L'Appartement Français, for the entire duration of the rights as provided for by current French legislation, to use its contributions that it has voluntarily sent to it, including, and without this list being exhaustive, by reproducing, representing, distributing, translating, adapting, modifying, combining with other elements.
17. PERSONAL DATA (Your data matters to us)
For any questions relating to the collection and use made by L'Appartement Français of CUSTOMERS' personal data, the latter are invited to consult the Privacy Policy of L'Appartement Français.
The same applies to subscribing and unsubscribing to the Newsletter.
18. RESPONSIBILITY
L’Appartement Français cannot be held liable in any way whatsoever for contractual non-performance in the following cases:
- in the event of inaccuracy of the information provided on the Site;
- in the event of a technical problem preventing access to the Site;
- in the event of intrusion or presence of a computer virus on the Site;
- in the event of a stock shortage or unavailability of a product offered on the Site;
- in the event of disruption or total or partial strike, in particular of postal services and means of transport and/or communication;
- in the event of non-performance or poor performance of the contract due either to the CUSTOMER or to the insurmountable and unforeseeable act of a third party to the contract;
- in the event of force majeure;
- in the event of delay or damage in the delivery of the products ordered when these are due to a fault of the Customer, to an unforeseeable and insurmountable event of a third party to the contract, or to a case of force majeure;
- in the event of physical damage caused to the Customer due to the use of products ordered via the Site when this damage is due to a fault of the Customer, to an unforeseeable and insurmountable event of a third party to the contract, or to a case of force major;
- in the event of indirect damage linked to the use of the products, including, and without this list being exhaustive, in the event of loss of turnover, loss of profit, loss of usetation, loss of opportunity, damages or costs;
- in the event of non-compliance of the product with the legislation of the country of the CUSTOMER who is responsible for verifying whether the product is not prohibited for sale in his country;
19. SITE CONTENT
L’Appartement Français pays a lot of attention to the quality of the content of the Site.
However, certain information contained on the Site may occasionally contain errors.
In the event that the Customer detects an error, he or she has the possibility of informing L'Appartement Français by contacting CUSTOMER SERVICE (article 15).
L’Appartement Français pays particular attention to restoring as faithfully, and within the limits of possible, the colors of the products offered on the Site. L’Appartement Français nevertheless warns the CUSTOMER that certain computers can modify these colors.
20. CONNECTIONS
Any hypertext link to the Site must receive the prior agreement of L’Appartement Français.
However, any hypertext link referring to the Site and using in particular the technique of framing, deep-linking, in-line linking or any other deep link technique is in any case formally prohibited. In all cases, any link must be immediately removed upon simple request from L'Appartement Français.
21. MISCELLANEOUS
The nullity of a contractual clause in these T&Cs does not result in the nullity of the T&Cs. The non-application of one or more clauses of the General Conditions of Sale cannot constitute a waiver by one of the parties of the other clauses of the General Conditions of Sale which continue to have their effects.
The fact that L'Appartement Français or the Client does not take advantage of a failure by the other party to fulfill any of the obligations referred to in the Conditions of Sale cannot be interpreted, for the future, as a waiver to the obligation in question.
These Conditions of Sale and the order summary sent to the Customer form a contractual whole binding the Parties. In the event of any contradiction between these documents, the Conditions of Sale will prevail.
23. MEDIATION
Any complaint must be sent in writing to Customer Service (article 15 of these General Terms and Conditions) so that the Parties can attempt to find an amicable solution to the existing dispute.
The European Commission provides consumers with an online dispute resolution platform which you can access by clicking on this link.
24. APPLICABLE LAW AND COMPETENT JURISDICTION
These General Terms and Conditions are subject to French law.
In the absence of an amicable agreement between the Parties, THE CUSTOMER may refer any dispute to the Court relating to the existence, interpretation, conclusion, execution or termination of the contract as well as all documents related to this contract. .
In the event that the Customer is a consumer, the competent Court will be defined according to the provisions of common law.
In the event that the Client is a professional, only the competent Courts of Paris will hear any disputes and the applicable law will be French law.
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WITHDRAWAL FORM
Before sending your product, we thank you for completing this form in capital letters and sending it, either to the following email address david(at)lappartementfrancais.fr or to the following address : L'Appartement Français , 27 rue du Bourg-Tibourg, 75004 PARIS FRANCE with your product(s). This information will allow us to process them as quickly as possible.
To the attention of L’Appartement Français, 27 rue du Bourg-Tibourg, 75004 PARIS FRANCE
I hereby notify you of my withdrawal from the contract relating to the sale of the property below:
Client name :
CUSTOMER address :
CUSTOMER email address :
CUSTOMER telephone number (optional) :
Order number and date :
Date of receipt of the order :
The CUSTOMER bears the costs of returning the goods in the event of withdrawal.
Client's signature
______________________________
Made in :
THE :
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RETURN FORM
Before sending your product, we thank you for completing this form in capital letters and sending it, either to the following email address david(at)lappartementfrancais.fr or to the following address: L'Appartement Français , 27 rue du Bourg-Tibourg, 75004 PARIS FRANCE with your product(s). This information will allow us to process them as quickly as possible.
To the attention of L’Appartement Français, 27 rue du Bourg-Tibourg, 75004 PARIS FRANCE
CUSTOMER and order information :
Client name :
CUSTOMER address :
CUSTOMER telephone number :
CUSTOMER email address :
Order number and date :
Date of receipt of the order :
- Back defective product (please provide a detailed description of the failures, damage or failure of the product)
Client's signature
______________________________
Made in :
THE :
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Reproduction of the articles of the Consumer Code relating to the legal guarantee of non-conformity
Article L217-4
The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.
Article L217-5
The property complies with the contract:
1° If it is suitable for the use usually expected of similar goods and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
- if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2° Or if it presents 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 L217-6
The seller is not bound by the public declarations of the producer or his representative if it is established that he did not know them and was not legitimately in a position to know them.
Article L217-7
Defects of conformity which appear within twenty-four months from delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.
For goods sold second-hand, this period is set at six months.
The seller can combat this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.
Article L217-8
The buyer has the right to demand that the goods conform to the contract. However, he cannot contest conformity by invoking a defect that he knew or could not have ignored when he contracted. The same applies when the defect has its origin in the materials he himself supplied.
Article L217-9
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 results in a cost that is manifestly disproportionate with regard to the other method, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer.
Article L217-10
If repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price refunded.
The same faculty is open to him:
1° If the solution requested, proposed or agreed pursuant to article L. 217-9 cannot be implemented within one month following the buyer's complaint;
2° Or if this solution cannot be done without major inconvenience for him taking into account the nature of the property and the use he is seeking.
However, the sale cannot be canceled if the lack of conformity is minor.
Article L217-11
The application of the provisions of articles L. 217-9 et L. 217-10 takes place without any cost for the buyer.
These same provisions do not prevent the award of damages.
Article L217-12
The action resulting from the lack of conformity is prescribed two years from the delivery of the goods.
Article L217-13
The provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as it results from articles 1641 à 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 L217-14
The recourse action may be exercised by the final seller against successive sellers or intermediaries and the producer of the tangible movable property, according to the principles of the civil code.
Reproduction of the articles of the Civil Code relating to the legal guarantee of hidden defects
Article 1641
The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would not have used it. would have given only a lower price, if he had known them.
Article 1642
The seller is not liable for apparent defects of which the buyer was able to convince himself.
Article 1642-1
The seller of a building to be constructed cannot be discharged, neither before receipt of the work, nor before the expiracy of a period of one month after taking possession by the purchaser, of construction defects or lack of conformity then apparent.
There will be no reason to terminate the contract or reduce the price if the seller undertakes to repair.
Article 1643
He is liable for hidden defects, even if he is not aware of them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee.
Article 1644
In the case of articles1641 and 1643,, the buyer has the choice of returning the thing and having the price refunded, or keeping the thing and having part of the price refunded.
Article 1645
If the seller knew of the defects in the item, he is liable, in addition to restitution of the price he received, for all damages to the buyer.
Article 1646
If the seller is unaware of the defects in the item, he will only be required to return the price, and to reimburse the buyer for the costs incurred by the sale.
Article 1646-1
The seller of a building to be constructed is bound, from receipt of the work, to the obligations of which architects, contractors and other persons linked to the project owner by a work rental contract are themselves bound in application of articles 1792, 1792-1, 1792-2 and 1792-3 of this code.
These guarantees benefit successive owners of the building.
There will be no reason to cancel the sale or reduce 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
If the thing 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 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
Action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
In the case provided for by article 1642-1, the action must be brought, under penalty of foreclosure, within the year following the date on which the seller can be released from the apparent defects or lack of conformity.