10.1 Statutory Warranty of Conformity

The Seller undertakes to deliver goods that comply with the contractual description and with the criteria set out in Article L217-5 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 from that date.

Unless proven otherwise, any lack of conformity appearing within twenty-four months from delivery of the Products (or within twelve months in the case of second-hand goods) is presumed to have existed at the time of delivery.

In the event of a lack of conformity, the Customer may request that the Products be brought into conformity by repair or replacement, or failing that, a price reduction 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 the delivery of any contractual benefit, until the Seller has fulfilled its obligations under the statutory warranty of conformity, in accordance with Articles 1219 and 1220 of the French Civil Code.

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

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

In the event of replacement of a non-conforming Product where, despite the Customer’s choice, conformity has not been achieved by the Seller, the replacement triggers a new statutory warranty period for the Customer, starting from the delivery date of the replaced Product.

If the requested remedy is impossible or entails disproportionate costs under the conditions set out in Article L217-12 of the French Consumer Code, the Seller may refuse it.

The Customer may also request a price reduction or termination of the sale (unless the lack of conformity is minor) in the cases provided for in Article L217-14 of the French Consumer Code.

Where the lack of conformity is so serious as to justify an immediate price reduction or termination of the sale, the Customer is not required to request repair or replacement beforehand.

The price reduction shall be proportional to the difference between the value of the delivered Product 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 reimbursed the price paid upon return of the non-conforming Products to the Seller, at the Seller’s expense.

Reimbursement shall be made upon receipt of the non-conforming Product or of proof of its return by the Customer, and at the latest within fourteen days thereafter, using the same method of payment as that used by the Customer, unless expressly agreed otherwise and in any event without additional cost.

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

10.2 Statutory Warranty Against Hidden Defects

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

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

10.3 Exclusion of Warranty

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

• Use of the Product under conditions inconsistent with its intended purpose or the user instructions

• Dropping

• Negligence

• Lack of maintenance by the Customer

• Normal wear and tear of the Product

• Accident

• Force majeure

The Seller shall not be liable for any indirect or consequential damages resulting from the use of the products sold.

The consumer has a period of two years from the delivery of the goods to invoke the statutory warranty of conformity in the event of a lack of conformity. During this period, the consumer is only required to prove 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 statutory warranty applies to such digital content or digital service throughout the 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 of its appearance.

The statutory warranty of conformity includes, where applicable, the obligation for the professional 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 the request, free of charge and without major inconvenience.

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

If the consumer requests repair but the seller imposes replacement, the statutory warranty of conformity is renewed for a period of two years from the date of replacement.

The consumer may obtain a reduction of the purchase price while retaining the goods, or terminate the contract with full reimbursement upon return of the goods, if:

1° The professional refuses to repair or replace the goods;
2° The repair or replacement occurs after a period of thirty days;
3° The repair or replacement causes major inconvenience to the consumer, particularly where the consumer permanently bears the cost of taking back or removing the non-conforming goods, or bears the installation costs of the repaired or replacement goods;
4° The lack of conformity persists despite the seller’s unsuccessful attempt to bring the goods into conformity.

The consumer is also entitled to a price reduction or termination of the contract where the lack of conformity is so serious as to justify immediate reduction or termination. In such cases, the consumer is not required to request repair or replacement beforehand.

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

Any period during which the goods are immobilised for repair or replacement suspends the remaining warranty period until the repaired goods are delivered.

The rights mentioned above arise from 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 is liable to 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 pursuant to Articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the goods are retained or to a full refund upon return of the goods.