Terms of sale

GENERAL TERMS AND CONDITIONS OF SALE

These general terms and conditions of sale apply to any purchase made (hereinafter the "Customer") on the website https://make-it-shine.com (hereinafter the "Site") from the company Chaination, a French simplified joint-stock company (SAS) with a share capital of 1,000 euros, registered with the Trade and Companies Register (RCS) under SIREN number 909 579 138, whose registered office is located at 35 rue Béranger, 59280 Armentières, France, operating under the trade name and brands Chaination (hereinafter the "Company" or the "Seller").

Warning: please read these general terms and conditions of sale and the terms of use carefully before placing any online order.

For any question and before placing an order, you may contact us using the following details:

  • Phone: +33 9 80 80 57 40
  • Email: contact@make-it-shine.com

When placing your order, you must have read and accepted the general terms and conditions.

 

ARTICLE 1. Definitions and abbreviations

"GTU": General Terms of Use

"GTCS": General Terms and Conditions of Sale

"Customer; you" means the natural or legal person entering into a contract with the Company.

"the Company; we" means the company Chaination, operating under the trade name and sign Chaination.

"Product(s)" means the items that may be delivered by the Company.

"User" means any person who uses the Site.

"Site" means the website accessible via the URL www.make-it-shine.com and any associated sub-sites.

 

ARTICLE 2. APPLICABILITY

2.1. Purpose

The purpose of these terms and conditions is to govern the contractual conditions agreed between the Customer and the Company in connection with the purchase of a Product on the Site.

2.2. Access

The General Terms and Conditions are accessible at any time on the Site. The General Terms and Conditions available for download on the Site at the time of your order shall govern that purchase.

2.3. Acceptance of the General Terms and Conditions

The General Terms and Conditions are accepted when the Customer confirms their order. By proceeding with payment, the Customer indicates that they accept these General Terms and Conditions without reservation.

The Customer who accepts the General Terms and Conditions warrants that they have the legal capacity to enter into a contract under French law or, where applicable, declares that they have received any necessary parental authorisation and are supervised in their use of the Site and/or validly represent the person on whose behalf they are acting.

A copy of the general terms and conditions is made available in the order confirmation email by means of a hyperlink.

The Customer undertakes to download them upon receipt of the email and consequently may not hold the Company liable for any failure relating to their availability.

By this acceptance, the Customer acknowledges that, prior to placing any order, they received sufficient information and advice from the Company on the Site, enabling them to ensure that the content of their order meets their own needs.

2.4. Amendment of the General Terms and Conditions

The General Terms and Conditions may be amended by the Company at any time under the conditions provided for by law. Such amendments are binding on users of the Site and on Customers who have accepted them by creating an account and/or placing an order. In the event of an amendment, the applicable version is the one in force on the Site at the time the Customer places their order. The Customer may request a copy of the GTCS applicable to their order at any time.

2.5. Account deletion

The Customer may request the deletion of their user account via the form available in the FAQ, under the section "How do I delete my account?".

 

ARTICLE 3. ORDERS

3.1. Product characteristics

All Products are presented on the Site. The Site sets out the essential characteristics of these Products through text descriptions and illustrations. The Customer must read them before placing any order or pre-order. The Customer is responsible for the choice of their purchase.

3.2. Order date

The date of the Order is the date on which we acknowledge receipt of the Order online. The timeframes indicated on the Site only begin to run from that date.

We reserve the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

3.3. Pre-ordering a Product

Products may be offered for pre-registration or pre-order, i.e. paid for before their official availability / release date. In this case, and unless otherwise stated on the Site, payment is due immediately at the time of the pre-order. The estimated release dates of the Products are given for information only and may change due to contingencies relating to obtaining the Product.

The Customer declares that they are fully informed of this and accept the contingencies relating to delivery times.

 

ARTICLE 4. PRICES

Product prices are subject to change. Consequently, the applicable price will be the one displayed at the time of the order.

4.1. Product prices

Prices are subject to change. The final price of the Product will be the one displayed on the Site at the time of the order.

Prices are expressed in euros, all taxes included. In particular, they 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 date on which the new rate comes into force. The applicable VAT rate is expressed as a percentage of the value of the Product sold, or of the Margin, depending on the type of sale (Product acquired from a private individual or a professional).

Unless otherwise stated on the Site, Product prices do not include handling, shipping, transport and delivery costs, which are charged in addition, under the conditions indicated on the Site or in the General Terms and Conditions, and calculated before the order is placed.

We reserve the right to set minimum or maximum order amounts depending on the country from which the order is placed and/or to which the Product(s) are shipped.

4.2. Special offers

The Company reserves the right to offer time-limited launch offers, promotional offers or price reductions on its Products, and to revise these offers and prices on the Site at any time, under the conditions provided for by law.

Any discount codes applied do not apply to delivery costs, with the exception of specific free-shipping coupons. They cannot be refunded.

4.3. Price changes

Given the nature of the products supplied (rare or limited edition, second-hand or new), the Company reserves the right to raise or lower its prices. The Customer may not rely on a price change or a special offer presented on the Site before or after their order that is no longer online on the day of their order.

 

ARTICLE 5. PAYMENT TERMS

In accordance with Article 1366 of the French Civil Code, providing a bank card number online and the final confirmation of the order shall constitute proof of the entire order and shall make the sums committed by entering the products on the order form payable. Confirmation of the order, which implies acceptance of these GTCS, constitutes a signature and express acceptance of all transactions carried out on the Site. However, in the event of fraudulent use of their bank card, the cardholder who is the victim of the fraud is invited to contact us as soon as they become aware of such use, without prejudice to any steps they must take with their bank.

5.1. Single payment

5.1.1. Payment methods

The price is payable in full by bank card or by PayPal.

Payment data is exchanged in encrypted form by the payment providers Shopify Payments and PayPal Payment Express.

The Customer is informed that some of these payment methods may occasionally be disabled for administrative reasons or due to system updates.

In order to strengthen the security of online payments, the Customer is informed that the Company uses the 3D Secure authentication payment system. Consequently, the Parties acknowledge that the Company is in no way responsible for any difficulty relating to this service.

The card number is never transmitted or used as such but benefits from a secure encoding and encryption system. The highest security standards are applied to data storage and comply with applicable standards. The purpose of this automated data processing is to define a level of transaction analysis and to combat bank card fraud, identity theft and misuse of your identity.

Any unpaid amount resulting from the fraudulent use of a bank card will result in the details relating to the order associated with that unpaid amount being recorded in a file whose purpose is to list payment incidents. An irregular declaration or an anomaly may also be subject to specific processing.

Depending on the information provided by the order analysis system, the Company may need to contact the Customer to request additional documents in order to process payment for the order. Providing these documents is necessary for the order to be confirmed.

In order to combat bank card fraud, a visual check of the means of payment may be carried out by the Company's Customer Service before the products are shipped.

5.1.2. Late or refused payment

If the bank refuses to debit a card or other means of payment, the Customer must contact the Seller's Customer Service in order to pay for the order by any other valid means of payment.

If, for any reason whatsoever (stop payment, refusal or otherwise), the transfer of the funds owed by the Customer proves impossible, the order will be cancelled and the sale automatically terminated.

 

ARTICLE 6. DELIVERY

The Customer may choose how their order is handed over.

1. Delivery

The timeframes for preparing an order and issuing the invoice, before shipping Products in stock, are indicated on the Site. These timeframes exclude weekends and public holidays. In the event of suspected fraud or a criminal offence, these timeframes may be extended to allow the Company to carry out the necessary checks.

An email will automatically be sent to the Customer when the Products are shipped, provided that the email address entered in the registration form is correct. The Customer is solely responsible for the accuracy of the information provided for the delivery of the Products.

Delivery times for ordered products are indicated on the Site for information only. In the case of a pre-order, the starting point of the indicative delivery time is the confirmation that the pre-ordered Product is available in stock.

In the absence of any indication or agreement as to the delivery date, the Seller delivers the Product without undue delay and no later than thirty (30) days after the conclusion of the contract (Article L. 216-1 of the French Consumer Code), provided there is nothing to suggest fraud or the commission of a criminal offence.

Deliveries are made by an independent carrier to the address given by the Customer when placing the order, which the carrier must be able to access easily. Unless otherwise stated on the Site at the time of the order, this carrier is Colissimo, which applies its own general terms and conditions of carriage, which the Customer can consult on its website.

Where the Customer has arranged for a carrier of their own choosing, delivery is deemed to have taken place as soon as the Company hands over the ordered Products to the carrier, once the carrier has accepted the Products sold without reservation. The Customer therefore acknowledges that it is the carrier's responsibility to make the delivery and that they have no warranty claim against the Company in the event of non-delivery of the goods transported.

In the event of a specific request from the Customer regarding the packaging or transport conditions of the ordered Products, duly accepted in writing by the Company, the related costs will be invoiced separately, on the basis of a quote previously accepted in writing by the Customer.

In all cases, it is the Customer's responsibility to check the condition of the delivered Product in the presence of the delivery person and, in the event of damage or missing items, to note any reservations on the delivery note or transport receipt, and, if necessary, to refuse the Product and notify the Company in writing.

The indicated delivery times may vary due to contingencies affecting postal services and any unforeseeable event beyond the control of the Company or the carrier (e.g. a strike).

However, if the ordered Products have not been delivered within 30 days of the conclusion of the Contract or after the timeframe indicated on the day of the order, for any reason other than force majeure or an act of the Customer, the sale may be terminated by registered letter with acknowledgement of receipt or in writing on another durable medium if, after having requested the Company, by the same means, to make the delivery within a reasonable additional period, the Company has not done so within that period.

The Contract is considered terminated upon receipt by the Seller of the letter or written notice informing it of this termination, unless the Seller has performed in the meantime.

The Customer may immediately terminate the contract if the Seller refuses to deliver the Product or fails to fulfil its obligation to deliver the Product on the date or by the end of the period provided for in the first paragraph of Article L. 216-1, and this 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 conclusion of the contract. (Article L. 216-2 of the French Consumer Code)

The Company reserves the right to forward the Customer's complaint to the carrier, who may request further information from the Customer or ask the Customer to file a claim directly with the carrier.

For deliveries outside France, if customs duties apply to your order, these will be at your expense.

Unless otherwise provided by law, and unless otherwise stated herein, delays in delivery shall not give rise to damages or compensation of any kind.

2. Hand delivery

The Company offers the Customer the option of collecting the Products in person.

Only the Customer may collect the Product; no proxy may be issued.

The Customer will contact the after-sales service, which will confirm the hand delivery.

The Customer must bring their identity card and the order form provided by the after-sales service, and hand it to the seller at the time of collection.

To certify that the Product has been handed over, the Customer must complete and sign a hand-delivery form.

Where the Customer has chosen the hand-delivery option, they undertake to collect the Product no later than thirty (30) days after the conclusion of the contract.

 

ARTICLE 7. TRANSFER OF RISK

Regardless of the date on which ownership of the Products is transferred, the risk of loss and damage relating to them shall only pass, in accordance with Article L. 216-4 of the French Consumer Code, when the Customer or a third party designated by them takes physical possession of the Products.

 

ARTICLE 8. RIGHT OF WITHDRAWAL

A Customer who is a consumer or non-professional may withdraw from these GTCS without giving any reason within fourteen (14) days of delivery of the Product. The fourteen-day period is counted in calendar days from the day the Product is delivered. If the period expires on a Saturday, Sunday or public holiday, it is extended until the end of the last hour of the next working day.

To exercise their right of withdrawal, the Customer must notify their decision to withdraw by email to contact@make-it-shine.com by means of an unambiguous statement. You may use the model withdrawal form below and use "RIGHT OF WITHDRAWAL" as the subject of the email, but this is not mandatory.

If the Customer withdraws, the Products must be returned in a condition that is compliant with and identical to their condition on receipt by the Customer. The right of withdrawal cannot be exercised if a Product has been damaged or is not returned in the same condition.

The sums paid are refunded as soon as possible and no later than fourteen days from receipt of the Product returned by the consumer Customer. The Company makes the refund using the same means of payment as that used for the initial transaction; in any event, this refund will not incur any costs for the Customer.

Return shipping costs are borne by the Customer, whether the Product was delivered in mainland France or elsewhere.

The procedure for returning Products is set out in the article "PRODUCT RETURN PROCEDURE", to which the Customer should refer.

WITHDRAWAL FORM

For the attention of Make it Shine

by email to contact@make-it-shine.com:

I hereby give notice that I withdraw from the contract for the product below, ordered on:

Order reference:

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if this form is notified on paper): Date:

 

ARTICLE 9. PRODUCT RETURN PROCEDURE

Products must be returned exclusively via our returns portal, available at the following address: https://returns.bigblue.co/chaination.

The return instructions are detailed there and must be followed for the return to be processed correctly.

The Customer must return the Products in their original packaging, as sent by the Company.

Any Product that is damaged compared to the condition in which it was sent, incomplete, or whose packaging has been damaged cannot be taken back, exchanged or refunded to the Customer. Consequently, any product that is damaged or shows new signs of wear cannot be returned, including on the basis of the right of withdrawal.

Items must be returned in their packaging inside a separate shipping box, so that the shipping label is not stuck directly onto the original packaging but onto the box, in order to avoid any damage to the original packaging of the items.

The return parcel must contain a copy of the order confirmation email printed in A4 format, or a handwritten document stating the order number and the amount paid for the order, together with the withdrawal form or any other unambiguous statement regarding the exercise of the right of withdrawal.

After receiving and checking the returned parcel, the Company refunds the amount of the returned products, excluding the initial delivery costs.

For all returns, return fees will be deducted from the amount refunded: €6 for returns from mainland France and €9 for returns from other countries.

The time needed to receive this refund is between seven (7) and fourteen (14) calendar days. It varies depending on the bank and the payment method used by the Customer when placing the order.

Unless otherwise provided by law, only products that (i) are returned with their original packaging and labels and (ii) have not been used or worn will be refunded.

In the event of a return that does not comply with the applicable legal and/or commercial conditions, no refund will be due and the Customer will remain the owner of the returned product, which they may collect from the logistics centre at the address that will be provided to them, within a maximum of one month following the Company's notification of the refusal to refund (9:00 a.m. to 6:00 p.m., Monday to Friday).

 

ARTICLE 10. LEGAL WARRANTIES

Apart from any commercial warranties that the Company may offer for certain Products, every Customer benefits from "legal" warranties for all Products, which are detailed below, in accordance with Article L. 111-1 of the French Consumer Code.

The Customer must inspect the Product upon delivery and, if the delivered product does not match its description (e.g. wrong product, defective, damaged or incomplete product), must make written reservations no later than three (3) days after delivery, without prejudice to the fourteen (14) day withdrawal period.

10.1. Legal warranty of conformity

According to Article L. 217-4 of the French Consumer Code:

"The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation where the latter was made the seller's responsibility under the contract or was carried out under the seller's responsibility."

According to Article L. 217-5 of the French Consumer Code: "The goods conform to the contract:

1° If they are fit for the purpose usually expected of similar goods and, where applicable:

- if they correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;

- if they have the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or their representative, in particular in advertising or labelling;

2° Or if they have the characteristics agreed upon by the parties or are fit for any specific purpose sought by the buyer, made known to the seller and accepted by the latter."

By law, the consumer Customer has two (2) years from delivery of the item to take action under the legal warranty of conformity, reduced to six (6) months for second-hand goods. In this case, the Customer chooses between repair or replacement. However, if this choice entails a cost that is clearly disproportionate compared to the other possible option, taking into account the value of the goods or the seriousness of the defect, the consumer Customer's choice may be set aside.

If replacement or repair is impossible, the Seller undertakes to refund the price of the Product within thirty (30) days of receiving the returned Product, in exchange for the Customer returning the Product to the address that the Seller will provide once the Customer has expressed their intention to return the Product.

10.2. Warranty against hidden defects

According to Article 1641 of the French Civil Code, we are bound by the warranty against hidden defects in the Product sold which make it unfit for its intended use, or which so reduce that use that the Customer would not have purchased it, or would only have paid a lower price for it, had they known of them.

If the Customer proves the existence of hidden defects, they are entitled to choose between a refund of the price of the product if it is returned, or a partial refund of its price if it is not.

The Customer may also request that the product be repaired or replaced. If these last two options are impossible, we undertake to refund the price of the product within thirty (30) days of receipt of the returned Product at the following address: Chaination, 32 avenue Paul Cézanne, 59116 Houplines, France.

According to Article 1648, paragraph 2 of the French Civil Code, this action under the warranty against hidden defects must be brought by the Customer within two (2) years of discovering the defect.

10.3. Common to both warranties

In the event of a lack of conformity or a hidden defect, the Customer must return the defective item. Please note that the legal warranties of conformity and against hidden defects presuppose normal use of the Products in accordance with standard practice. The legal warranty of conformity cannot be invoked by a professional customer, who is not subject to the provisions of the French Consumer Code. These warranties apply independently of any commercial warranty and, in all cases, the legal time limits will apply.

In all cases, the Product may be analysed directly by the manufacturer or seller, even if this is not the Company.

 

ARTICLE 11. DATA PROTECTION (GDPR)

The personal and location data (billing address, delivery address) requested from the Customer are necessary, in particular, for processing their order and issuing invoices.

This data may be shared with any partners of the Company responsible for the execution, processing, management and payment of orders.

The processing of information provided via the Site complies with legal requirements regarding the protection and security of personal data.

In accordance with applicable national and European regulations, the Customer has a permanent right of access, modification, rectification, objection, portability and restriction of processing with regard to information concerning them.

This right may be exercised under the conditions and in accordance with the procedures set out in the privacy policy, which is available at any time on the Site.

 

ARTICLE 12. INTELLECTUAL PROPERTY

The purchase of a Product does not entail the transfer to the Customer of any intellectual property rights that may attach to that product; the Customer shall refrain from any act of counterfeiting.

All texts, comments, works, illustrations and images, whether visual or audio, reproduced on the Site are protected by copyright, trademark law, design law, patent law and image rights, worldwide. They are the full and exclusive property of the Company.

As such, and in accordance with the provisions of the French Intellectual Property Code, only use for private purposes is permitted, subject to different or more restrictive provisions of the French Intellectual Property Code. Any other use constitutes counterfeiting and is punishable under intellectual property law.

The Company holds all intellectual property rights relating to the Site, content, tools and advisory materials provided, which belong to it or for which it holds the relevant rights of use. Access to the Site does not confer on the User any rights to the intellectual property relating to the Site, which remains the exclusive property of the Company.

The User may not, under any circumstances, reproduce, represent, modify, transmit, publish or adapt, on any medium whatsoever, by any means whatsoever, or exploit in any way whatsoever, all or part of the Site or training materials without the prior written authorisation of the Company.

Any use of all or part of the Site, for any purpose whatsoever, without the prior authorisation of the Company may give rise to any appropriate legal action, including an action for counterfeiting.

The signs Chaination and Make it Shine are registered trademarks and/or logos. These distinctive signs are protected by law and any unauthorised use may give rise to legal proceedings.

Failure to comply with this clause will be considered a serious breach by the Customer causing harm to the Company, which reserves the right, in such a case, to terminate the contract at the Customer's fault, without prejudice to any damages.

 

ARTICLE 13. LIMITATIONS AND EXCLUSIONS OF LIABILITY

Pursuant to Article L. 221-15 of the French Consumer Code, the Company, as a professional, is automatically liable to the consumer Customer for the proper performance of the obligations arising from the distance contract.

However, the Company is exempt from all liability if it proves that the non-performance or improper performance of the contract is attributable:

  • either to the Customer;
  • or to the unforeseeable and insurmountable act of a third party to the contract;
  • or to a case of force majeure or fortuitous event.

The Company cannot be held liable to the Customer for any failure to perform its obligations resulting from a force majeure event.

In addition to those usually recognised by the case law of French courts and tribunals, and without this list being exhaustive, the following are considered cases of force majeure or fortuitous events: strikes or labour disputes internal or external to the seller and its service providers, including postal services, natural disasters, fires, interruption of telecommunications, interruption of energy supply, interruption of communications or transport of any kind, national or global pandemics, or any other circumstance beyond the reasonable control of the Company.

In such cases, the Company reserves the right to modify the scheduled delivery times without the Customer being able to claim any compensation. The Customer will be informed within a reasonable time of the difficulties encountered and, as far as possible, of their duration, so that the Customer can decide whether or not to proceed with the sale and, where applicable, exercise their right of withdrawal.

If the Customer is not a consumer or a non-professional, any liability of the Company may not give rise to damages exceeding the amount actually received by the Company. Furthermore, the Customer may only claim compensation for direct, personal and certain damage suffered. Compensation for any indirect and intangible damage and/or loss, such as commercial loss, operating loss, loss of revenue or loss of data, is therefore expressly excluded.

 

ARTICLE 14. PARTNER SITES – HYPERLINKS

Through the hyperlinks on the Site, the User may access partner or third-party sites that are not governed by these General Terms and Conditions. The User is therefore also invited to review the general terms of use, privacy policies and any other legal information applicable on those sites.

 

ARTICLE 15. APPLICABLE LAW AND LANGUAGE

The General Terms and Conditions and all purchase and sale transactions referred to herein are governed by French law.

They are drafted in French. If they are translated into one or more languages, only the French text shall prevail in the event of a dispute.

 

ARTICLE 16. VALIDITY OF THE GENERAL TERMS AND CONDITIONS

Any change in the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these General Terms and Conditions, shall not affect the validity of these General Terms and Conditions as a whole. Such a change or decision shall in no way authorise Customers to disregard these General Terms and Conditions.

The nullity of a contractual clause does not entail the nullity of the General Terms and Conditions.

The temporary or permanent non-application of one or more clauses of the General Terms and Conditions of Sale by the Company shall not constitute a waiver on its part of the other clauses herein, which shall continue to have effect.

Any conditions not expressly dealt with herein shall be governed in accordance with the customary practice of the retail sector for companies whose registered office is located in France.

 

ARTICLE 17. DISPUTES

In the event of a dispute, the Customer shall first contact the Company in an attempt to reach an amicable solution.

In accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes, the Company has joined the following mediation service: CM2C (Centre de la Médiation de la Consommation de Conciliateurs de Justice).

After first contacting the Company in writing, consumers may refer any consumer dispute that has not been resolved to the Mediation Service. To find out how to refer a matter to the Mediator, click here.

The mediator will attempt, with complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution. The parties remain free to accept or refuse recourse to mediation and, if mediation is used, to accept or refuse the solution proposed by the mediator.

In addition, the Customer may consult the European Commission's portal dedicated to consumer redress: European Commission portal.

Please note that seeking an amicable solution does not interrupt the "short period" of the legal warranty or the duration of the contractual warranty. Please note that, as a general rule and subject to the assessment of the courts, compliance with the provisions of this contract relating to warranties requires the Customer to fulfil their financial obligations towards the Seller.

If the Customer is neither a consumer nor a non-professional, the Parties confer jurisdiction on the competent courts of Paris.

 

APPENDIX: REPRODUCTION OF THE APPLICABLE LEGAL PROVISIONS

Article L. 215-1 of the French Consumer Code

"For contracts for the provision of services concluded for a fixed term with a tacit renewal clause, the professional service provider shall inform the consumer in writing, by dedicated personal letter or email, no earlier than three months and no later than one month before the end of the period in which renewal may be refused, of the possibility of not renewing the contract concluded with a tacit renewal clause. This information, provided in clear and comprehensible terms, shall state the deadline for non-renewal in a visible box.

Where this information has not been sent to the consumer in accordance with the provisions of the first paragraph, the consumer may terminate the contract free of charge at any time from the renewal date.

Advance payments made after the last renewal date or, in the case of open-ended contracts, after the date on which the initial fixed-term contract was converted, shall in this case be refunded within thirty days of the termination date, less the sums corresponding to the performance of the contract up to that date.

The provisions of this article apply without prejudice to those which legally subject certain contracts to specific rules regarding consumer information."

Article L. 215-2 of the French Consumer Code

"The provisions of this chapter do not apply to operators of drinking water and sanitation services."

Article L. 215-3 of the French Consumer Code

"The provisions of this chapter also apply to contracts concluded between professionals and non-professionals."

Article L. 241-3 of the French Consumer Code

"Where the professional has not made the refund under the conditions provided for in Article L. 215-1, the sums due shall bear interest at the legal rate."

Article L. 217-4 of the French Consumer Code

"The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation where the latter was made the seller's responsibility under the contract or was carried out under the seller's responsibility."

Article L. 217-5 of the French Consumer Code

"The goods conform to the contract:

1. If they are fit for the purpose usually expected of similar goods and, where applicable:

  • if they correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
  • if they have the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or their representative, in particular in advertising or labelling;

2. Or if they have the characteristics agreed upon by the parties or are fit for any specific purpose sought by the buyer, made known to the seller and accepted by the latter."

Article L. 217-7 of the French Consumer Code

"Any lack of conformity that appears within twenty-four months of delivery of the goods is presumed to have existed at the time of delivery, unless proven otherwise.

For second-hand goods, 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 lack of conformity alleged."

Article L. 217-12 of the French Consumer Code

"Action resulting from a lack of conformity is time-barred two years after delivery of the goods."

Article L. 217-16 of the French Consumer Code

"Where, during the term of the commercial warranty granted to the buyer upon the purchase or repair of movable goods, the buyer asks the seller for a repair covered by the warranty, any period of immobilisation of at least seven days shall be added to the remaining term of the warranty. This period runs from the buyer's request for intervention or from the time the goods in question are made available for repair, if this occurs after the request for intervention."

Article 1641 of the French Civil Code

"The seller is bound by a warranty against hidden defects in the thing sold which make it unfit for its intended use, or which so reduce that use that the buyer would not have acquired it, or would only have paid a lower price for it, had they known of them."

Article 1648, paragraph 1 of the French Civil Code

"An action resulting from redhibitory defects must be brought by the purchaser within two years of discovering the defect."