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Article L217-4 of the Consumer Code
The seller shall deliver goods in conformity with the contract and shall be liable for any lack of conformity existing at the time of delivery.
He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.
Article L217-5 of the Consumer Code
The goods are in conformity with the contract :
1° If it is fit for the purpose usually expected of similar goods and, if 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 has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L217-6 of the Consumer Code
The seller is not bound by the public statements 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 of the Consumer Code
Defects of conformity that appear within twenty-four months of delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise.
For goods sold second-hand, this period is set at six months.
The seller may rebut this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.
Article L217-8 of the Consumer Code
The buyer is entitled to demand that the goods conform to the contract. However, he may not contest conformity by invoking a defect that he knew or could not have been unaware of when he contracted. The same applies when the defect originates in materials that he himself supplied.
Article L217-9 of the Consumer Code
In the event of a lack of conformity, the buyer may choose between repairing or replacing the goods.
However, the seller may not proceed according to the buyer’s choice if this choice entails a cost that is clearly disproportionate to the other option, taking into account the value of the goods or the importance of the defect. He shall then be obliged to proceed, unless this is impossible, according to the method not chosen by the buyer.
Article L217-10 of the Consumer Code
If repair and replacement of the goods are impossible, the buyer may return the goods and have the price returned or keep the goods and have part of the price returned.
The same option is open to him:
1° If the solution requested, proposed or agreed upon pursuant to Article L. 217-9 cannot be implemented within one month of the buyer’s complaint;
2° Or if this solution cannot be implemented without major inconvenience for the buyer, given the nature of the goods and the use he is seeking.
However, the sale may not be cancelled if the lack of conformity is minor.
Article L217-11 of the Consumer Code
The application of the provisions of Articles L. 217-9 and L. 217-10 shall be without cost to the buyer.
These same provisions do not prevent the award of damages.
Article L217-12 of the Consumer Code
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L217-13 of the Consumer Code
The provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as set out in Articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature recognised by the law.
Article 1641 of the Civil Code
The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lower price, if he had known about them.
Article 1642 of the Civil Code
The seller is not bound by apparent defects of which the buyer has been able to convince himself.
Article 1643 of the Civil Code
He is bound by hidden defects, even if he did not know about them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee.
Article 1644 of the Civil Code
In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price returned, or keeping the thing and having part of the price returned.
Article 1645 of the Civil Code
If the seller was aware of the defects of the thing, he is bound, in addition to the restitution of the price he received, to pay all damages to the buyer.
Article 1646 of the Civil Code
If the seller was unaware of the defects of the thing, he shall only be bound to return the price and to reimburse the buyer for the costs incurred by the sale.
Article 1647 of the Civil Code
If the thing which had defects has perished as a result of its bad quality, the loss is for the seller, who shall be liable to the buyer for restitution of the price and the other damages explained in the two preceding articles.
But the loss that has occurred due to a fortuitous event shall be for the account of the buyer.
Article 1648 of the Civil Code
The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect.
In the case provided for in Article 1642-1, the action must be brought, on pain of foreclosure, within one year from the date on which the seller may be relieved of the defects or apparent lack of conformity.
Article 2232 of the Civil Code
The postponement of the starting point, suspension or interruption of prescription may not have the effect of extending the period of extinctive prescription beyond twenty years from the day on which the right arose.
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