10.1 Legal Guarantee of Conformity

The Seller undertakes to deliver goods that conform to the contractual description and to the criteria set out in Article L. 217-5 of the French Consumer Code.

The Seller is liable for any lack of conformity existing at the time of delivery of the Products and appearing within two years of such delivery.

Any lack of conformity appearing within twenty-four months, or within twelve months in the case of second-hand goods, from the delivery of the Products shall, unless proven otherwise, be presumed to have existed at the time of delivery.

In the event of a lack of conformity, the Customer may require the Products delivered to be brought into conformity by means of repair or replacement or, failing that, request a reduction in the price or termination of the sale, under the conditions provided by law.

The Customer may also suspend payment of all or part of the price or withhold the contractual benefit until the Seller has fulfilled its obligations under the legal guarantee of conformity, in accordance with Articles 1219 and 1220 of the French Civil Code.

The Customer must request that the Seller bring the Products into conformity, choosing between repair and replacement. The Products must be brought into conformity within a period not exceeding thirty days from the Customer’s request.

Any Product brought into conformity under the legal guarantee of conformity benefits from a six-month extension of this guarantee.

Where a non-conforming Product is replaced because, despite the Customer’s choice, the Seller has failed to bring the Product into conformity, the replacement shall give rise to a new legal guarantee period, starting from the delivery of the replacement Product.

If the requested remedy is impossible or entails disproportionate costs under the conditions provided for in Article L. 217-12 of the French Consumer Code, the Seller may refuse to provide it.

The Customer may also request a reduction in the price or termination of the sale, except where the lack of conformity is minor, in the cases provided for in Article L. 217-14 of the French Consumer Code.

Where the lack of conformity is sufficiently serious to justify an immediate price reduction or termination of the sale, the Customer is not required to request the repair or replacement of the non-conforming Product beforehand.

The price reduction shall be proportionate to the difference between the value of the Product as delivered and the value it would have had in the absence of the lack of conformity.

In the event of termination of the sale, the Customer shall be refunded the price paid upon returning the non-conforming Products to the Seller, at the Seller’s expense.

The refund shall be made upon receipt of the non-conforming Product or proof of its return by the Customer, and no later than fourteen days thereafter, using the same means of payment as that used by the Customer for the original payment, unless the Customer expressly agrees otherwise and in any event at no additional cost.

The foregoing provisions are without prejudice to any damages that may be awarded to the Customer in respect of any loss suffered as a result of the lack of conformity.

10.2 Legal Guarantee Against Hidden Defects

The Seller is liable for hidden defects under the legal guarantee against hidden defects resulting from a defect in materials, design, or manufacturing affecting the Products delivered and rendering them unfit for their intended use.

The Customer may invoke the guarantee against hidden defects of the Products in accordance with Article 1641 of the French Civil Code. In such case, the Customer may choose between termination of the sale or a reduction of the sale price, in accordance with Article 1644 of the French Civil Code.

10.3 Warranty Exclusions

The Seller shall not be held liable in the following cases:

• use of the Product under conditions that do not comply with its intended purpose or the instructions for use;

• dropping or falling of the Product;

• negligence;

• failure by the Customer to properly maintain the Product;

• normal wear and tear of the Product;

• accident;

• force majeure.

The Seller shall not be liable for any indirect or non-material damages resulting from the use of the Products sold.

The consumer has a period of two years from the delivery of the goods to obtain enforcement of the legal guarantee of conformity in the event 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 provides for the continuous supply of digital content or a digital service for a period exceeding two years, the legal guarantee applies to such digital content or digital service throughout the entire period of supply provided for under the contract. 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 legal guarantee of conformity requires the professional seller, where applicable, to provide all updates necessary to maintain the conformity of the goods.

The legal guarantee of conformity entitles the consumer to have the goods repaired or replaced within thirty days of their request, free of charge and without major inconvenience to the consumer.

If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.

If the consumer requests repair of the goods but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date on which the goods are replaced.

The consumer may obtain a reduction in the purchase price while retaining the goods or terminate the contract and receive a full refund upon returning the goods if:

1. The professional seller 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 a major inconvenience to the consumer, particularly where the consumer permanently bears the costs of taking back or removing the non-conforming goods, or bears the costs of installing the repaired or replacement goods;

4. The lack of conformity persists despite an unsuccessful attempt by the seller to bring the goods 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 sufficiently serious to justify an immediate price reduction or termination of the contract. The consumer is then not required to request repair or replacement of the goods beforehand.

The consumer is not entitled to terminate the sale where the lack of conformity is minor.

Any period during which the goods are unavailable for repair or replacement shall suspend the remaining guarantee period until the repaired or replaced goods are delivered.

The rights referred to 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 enforcement of the legal guarantee of conformity may be subject to a civil fine of up to €300,000, which may be increased to up to 10% of its average annual turnover (Article L. 241-5 of the French Consumer Code).

The consumer also benefits from the legal guarantee against hidden defects pursuant to Articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a reduction in the price if the goods are retained, or to a full refund upon returning the goods.