General terms and conditions of sale
The present general conditions of sale apply to all sales concluded on the VT-Fishing website.
The website https://www.vt-fishing.com is a service of :
The individual company Vintersfishing
located 12 Rue de la Cavidoule 30220 Aigues-Mortes, FRANCE
URL address of the site: https://www.vt-fishing.com
e-mail : [email protected]
telephone number: 0689087521
The VT-Fishing website sells the following products: Fishing clothes and lifestyle accessories.
The customer declares to have read and accepted the general conditions of sale prior to placing the order.
his order. The validation of the order is thus worth acceptance of the general conditions of sale.
Article 1 – Principles
The present general conditions express the entirety of the obligations of the parties. In this sense, the buyer is deemed to
to accept them without reserve.
The present general conditions of sale apply to the exclusion of all other conditions, and in particular those
applicable to sales in stores or through other distribution and marketing channels.
They are available on the VT-Fishing website and will prevail, if necessary, over any other version or any other
The seller and the buyer agree that these general terms and conditions exclusively govern their relationship. The
reserves the right to modify its general terms and conditions from time to time. They will be applicable as soon as they are put
If a condition of sale were to be lacking, it would be considered to be governed by the uses in force in the sector of the remote sale of which the companies have their seat.
sector whose companies have their headquarters in France.
The present general conditions of sale are valid until January 01, 2023.
Article 2 – Content
The purpose of the present general conditions is to define the rights and obligations of the parties in the context of the online sale of goods
of goods offered by the seller to the buyer, from the VT-Fishing website.
The present conditions only concern purchases made on the VT-Fishing website and delivered exclusively in
in France or in Corsica. For any delivery in the DOM-TOM or abroad, it is advisable to send a message to the
e-mail address : [email protected].
These purchases concern the following products: Clothing and fishing lifestyle accessories.
Article 3 – Pre-contractual information
The buyer recognizes to have had communication, before the placing of his order and the conclusion of the contract,
in a legible and comprehensible manner, of the present general conditions of sale and of all the information listed in
article L. 221-5 of the consumer code.
Are transmitted to the buyer, in a clear and understandable way, the following information :
– the essential characteristics of the good;
– the price of the good and/or the method of calculation of the price;
– if necessary, all additional costs of transport, delivery or postage and all other possible costs
– in the absence of immediate performance of the contract, the date or period within which the seller undertakes to deliver the goods, regardless of
– information concerning the identity of the seller, his postal, telephone and electronic contact details, and his address.
– information on the identity of the seller, its postal, telephone and electronic contact details, and its activities
activities, those relating to the legal guarantees, the functionalities of the digital content and, where applicable, its
interoperability, the existence and implementation of guarantees and other contractual conditions.
Article 4 – The order
The buyer has the possibility of placing his order online, from the online catalog and using the form that appears, for any product, within the limits of available stocks.
for any product, within the limits of available stocks.
The buyer will be informed of any unavailability of the product or good ordered.
In order for the order to be validated, the buyer must accept, by clicking in the indicated place, the present
general conditions. He will also have to choose the address and the mode of delivery, and finally validate the mode of payment.
The sale will be considered final :
– after the sending to the buyer of the confirmation of the acceptance of the order by the salesman by electronic mail;
– and after collection by the seller of the full price.
Any order implies acceptance of the prices and the description of the products available for sale. Any dispute on this
Any dispute on this point will intervene within the framework of a possible exchange and guarantees mentioned below.
In certain cases, in particular default of payment, erroneous address or other problem on the account of the purchaser, the salesman
reserves the right to block the buyer’s order until the problem is resolved.
For any question relating to the follow-up of an order, the purchaser can call the following telephone number: 0689087521
(cost of a local call), on the following days and times: From Monday to Saturday, from 10H to 19H, or send an email to the seller at
the following email address: [email protected].
Article 5 – Electronic signature
The online provision of the credit card number of the buyer and the final validation of the order will be worth proof of
the buyer’s agreement:
– Payability of the sums due under the purchase order;
– signature and express acceptance of all operations carried out.
In case of fraudulent use of the credit card, the buyer is invited, as soon as this use is noticed, to contact the
seller at the following telephone number: 0689087521.
Article 6 – Order confirmation
The seller provides the buyer with an order confirmation by e-mail.
Article 7 – Proof of the transaction
The computerized registers, kept in the computer systems of the salesman in reasonable conditions of safety, will be regarded as the
security, will be considered as proof of communications, orders and payments between the parties.
parties. The archiving of the purchase orders and invoices is carried out on a reliable and durable support which can be produced as proof.
Article 8 – Information on the products
The products governed by these general conditions are those that appear on the website of the seller and which are
indicated as sold and shipped by the seller. They are offered within the limits of available stocks.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions could have occurred
However, if errors or omissions occur in this presentation, the seller cannot be held responsible.
The photographs of the products are not contractual.
Article 9 – Price
The seller reserves the right to modify its prices at any time but undertakes to apply the current rates indicated at the time of the order, subject to the
of the order, subject to availability on that date.
The prices are indicated in euros. They do not take into account the delivery costs, invoiced in supplement, and indicated before the
validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the
applicable VAT rate will automatically be reflected in the price of the products in the online store.
If one or several taxes or contributions, in particular environmental, were to be created or modified, in rise or fall, this change could be
or decrease, this change may be reflected in the selling price of the products.
Article 10 – Method of payment
It is an order with obligation of payment, which means that the placing of the order implies a
payment of the buyer.
To pay his order, the buyer has, at his choice, all the payment methods made available by the seller and listed on the website of the
seller and listed on the seller’s website. The purchaser guarantees to the salesman that he has the authorizations possibly
necessary to use the method of payment chosen by him, at the time of the validation of the purchase order. The seller reserves
reserves the right to suspend any order management and any delivery in case of refusal of authorization of payment by
from the officially accredited organizations or in case of non-payment. The seller reserves
the right to refuse to carry out a delivery or to honour an order emanating from a purchaser who would not have
paid in full or in part a previous order or with whom a payment dispute is being administered.
The payment of the price is made in full on the day of the order, according to the following methods
– credit card
Article 11 – Availability of products – Refund – Resolution
Except in cases of force majeure or during periods of closure of the online store that will be clearly announced on the homepage of the site, the shipping times will be, within the limits of available stocks, those indicated below.
home page of the site, the shipping times will be, within the limits of available stocks, those indicated below. The
The shipping times run from the date of registration of the order indicated on the email confirmation of the order.
For deliveries in Metropolitan France and Corsica, the time is 48H/72H from the day after the buyer has placed his order.
the buyer has placed his order, according to the following modalities: Depending on the carrier chosen. At the latest, the deadline
will be 30 working days after the conclusion of the contract.
For deliveries in the DOM-TOM or another country, the terms of delivery will be specified to the buyer on a case by case basis.
case by case.
In case of non-compliance with the agreed delivery date or deadline, the buyer shall, before breaking the contract, instruct the seller to execute the contract within a
the contract, the Buyer shall request the Seller to perform within a reasonable additional period.
If the Seller fails to do so within such further period, the Buyer shall be free to withdraw from the contract.
The buyer shall accomplish these successive formalities by registered letter with acknowledgement of receipt or by a written document on
other durable medium.
The contract will be considered as resolved upon receipt by the seller of the letter or writing informing him of this resolution,
unless the trader has performed in the meantime.
The buyer may however immediately cancel the contract, if the dates or deadlines mentioned above constitute an essential condition of the contract for him.
essential condition of the contract.
In this case, when the contract is cancelled, the seller is obliged to reimburse the buyer for the totality of the sums paid, at the latest within 14 days of the cancellation.
14 days following the date on which the contract was terminated.
In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the possibility to cancel his
order. The buyer will then have the choice to ask either for a refund of the sums paid within 14 days at the latest of their payment, or for the
of their payment, or the exchange of the product.
Article 12 – Terms of delivery
The delivery means the transfer to the consumer of the physical possession or control of the good. The products
ordered are delivered according to the methods and the time specified above.
The products are delivered to the address indicated by the purchaser on the order form, the purchaser will have to take care of its exactitude.
Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the expense of
the buyer. The buyer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address
delivery address, by validating the option provided for this purpose on the order form.
If the buyer is absent on the day of delivery, the deliveryman will leave a notice of passage in the mailbox, which will allow to
to collect the package at the place and time indicated.
If at the time of delivery, the original packaging is damaged, torn, opened, the buyer must check the condition of the items.
If they have been damaged, the buyer must refuse the package and note a reservation on the delivery slip
(package refused because opened or damaged).
The buyer must indicate on the delivery form and in the form of handwritten reserves accompanied by his signature all
The buyer must indicate on the delivery form and in the form of handwritten reserves accompanied by his signature any
anomaly concerning the delivery (damage, missing product compared to the delivery order, damaged package, broken products…).
This verification is considered to have been carried out as soon as the buyer, or a person authorized by him, has signed the delivery
The buyer must then confirm these reservations to the carrier by registered mail within two working days following
days following the reception of the articles and to transmit a copy of this mail by fax or simple mail to the
seller at the address indicated in the legal mentions of the site.
If the products need to be returned to the seller, they must be the subject of a return request to the seller
within 14 days of delivery. Any claim made outside of this period will not be accepted. The return of the
The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions…).
Article 13 – Errors of delivery
The purchaser will have to formulate with the salesman the same day of the delivery or at the latest the first wrought day following the delivery, any
delivery, any claim of error of delivery and/or non-conformity of the products in kind or in quality compared to the
the indications on the order form. Any claim made after this deadline will be rejected.
The complaint could be made, with the choice of the purchaser:
– by telephone at the following number: 0689087521 ;
– by e-mail to the following address: [email protected].
Any complaint not carried out in the rules defined above and within the time limits could not be taken into account
and will release the seller from any responsibility towards the buyer.
Upon receipt of the claim, the seller will assign an exchange number for the product(s) concerned and
communicate it by e-mail to the buyer. The exchange of a product can only take place after the attribution of the exchange number.
In case of error of delivery or exchange, any product to be exchanged or refunded must be returned to the seller in its
and in its original packaging, in Colissimo Recommandé, at the following address: 12 Rue de la Cavidoule, 30220
The expenses of return are chargeable to the salesman.
Article 14 – Guarantee of the products
14-1 Legal guarantee of conformity
The salesman is guarantor of the conformity of the sold good to the contract, allowing the buyer to formulate a request under
the legal guarantee of conformity provided for in Articles L. 217-4 and following of the Consumer Code.
In case of implementation of the legal guarantee of conformity, it is recalled that :
– the buyer has a period of 2 years from the delivery of the goods to act;
– the buyer can choose between repairing or replacing the good, subject to the cost conditions provided by
Article L. 217-17 of the Consumer Code;
– the buyer does not have to prove the non-conformity of the good during the 24 months in case of new goods (6 months in case of second-hand goods), the
the buyer does not have to prove the non-conformity of the good during the 24 months following the delivery of the good.
14-2 Legal guarantee against hidden defects
In accordance with articles 1641 and following of the civil code, the seller is responsible for hidden defects that may affect the good
sold. It is up to the buyer to prove that the defects existed at the time of the sale of the goods and are such as to make the goods
unfit for the purpose for which it was intended. This guarantee must be implemented within two years from the discovery of the defect.
discovery of the defect.
The buyer can choose between the resolution of the sale or a reduction of the price in accordance with Article 1644 of the Civil Code.
Article 15 – Right of withdrawal
Application of the right of withdrawal
In accordance with the provisions of the Consumer Code, the buyer has a period of 14 days from the date of delivery of his order to return any item that does not suit him and request an exchange or refund.
of delivery of his order, to return any item that does not suit him and ask for an exchange or a refund
without penalty, with the exception of the return costs which remain the responsibility of the buyer.
The returns are to be made in their original condition and complete (packaging, accessories, instructions …) allowing their
to be remarketed in new condition, accompanied by the purchase invoice.
The damaged, soiled or incomplete products are not taken back.
The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this
The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this
In this case, an acknowledgement of receipt on a durable medium will be immediately communicated to the buyer. Any other method of
declaration of withdrawal is accepted. It must be unambiguous and express the will to withdraw.
In case of exercise of the right of withdrawal within the above-mentioned period, the price of the product(s) purchased and the delivery
delivery costs are reimbursed.
The return costs are at the buyer’s expense.
The exchange (subject to availability) or refund will be made within 14 days, and at the latest, within
14 days from the date of receipt by the seller of the products returned by the buyer under the conditions
According to the article L221-28 of the Code of consumption, the right of retraction cannot be exercised for the contracts :
– supply of goods whose price depends on fluctuations on the financial market beyond the control of the professional and
likely to occur during the withdrawal period;
– supply of goods made to the specifications of the consumer or clearly personalized;
– the supply of goods that are likely to deteriorate or expire rapidly;
– supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or protection of
reasons of hygiene or health protection;
– the supply of goods which, after delivery and by their nature, are inseparably mixed with other
– the supply of alcoholic beverages, the delivery of which is delayed beyond thirty days and the value of which agreed upon at the conclusion of the
contract depends on fluctuations in the market beyond the control of the professional;
– maintenance or repair work to be carried out urgently at the consumer’s home and expressly requested by him, within the
him, within the limit of spare parts and work strictly necessary to meet the emergency;
– supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery
consumer after delivery;
– the supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
– of supply of a digital content not supplied on a material support whose execution started after agreement
agreement of the consumer and express waiver of his right of withdrawal.
Article 16 – Force majeure
All circumstances beyond the control of the parties preventing the performance under normal conditions of their obligations are
obligations are considered as causes of exoneration of the obligations of the parties and involve their suspension.
The party invoking the above-mentioned circumstances must immediately notify the other party of their occurrence, as well as their disappearance.
as well as of their disappearance.
Will be considered as force majeure all facts or circumstances irresistible, external to the parties, unforeseeable,
independent of the will of the parties and which could not be prevented by the latter, despite all the efforts
reasonably possible. Expressly, are considered as force majeure or fortuitous events, in addition to those
the jurisprudence of the French courts and tribunals: the blocking of means of transport or supplies
earthquakes, fires, storms, floods, lightning, the stoppage of telecommunication networks or difficulties specific to
telecommunication networks or difficulties specific to telecommunication networks external to the customers.
The parties will meet to examine the impact of the event and agree on the conditions under which the execution of the contract will be
of the contract will be continued. If the case of force majeure lasts longer than three months, the present general conditions
can be terminated by the injured party.
Article 17 – Intellectual property
The content of the website remains the property of the seller, the only holder of the intellectual property rights on this content.
The buyers commit themselves not to make any use of this content; any total or partial reproduction of this content is
strictly prohibited and is likely to constitute an offence of counterfeiting.
Article 18 – Data processing and freedom
The personal data provided by the buyer are necessary for the processing of his order and the establishment of
They can be communicated to the partners of the salesman in charge of the execution, the treatment, the management and the
payment of orders.
The processing of information communicated through the VT-Fishing website is subject to a declaration
The processing of information communicated through the VT-Fishing website has been declared to the CNIL.
with the CNIL.
The buyer has a permanent right of access, modification, rectification and opposition concerning the information
concerning him. This right can be exercised under the conditions and according to the methods defined on the VT-Fishing website.
Article 19 – Partial non-validation
If one or more stipulations of the present general terms and conditions are held to be invalid or declared as such in application of a
law, a regulation or following a final decision of a competent court, the other stipulations will keep all their force and
other stipulations will keep all their force and their range.
Article 20 – Non-waiver
The fact that one of the parties does not take advantage of a breach by the other party to any of the obligations referred to in these general conditions
the present general conditions cannot be interpreted for the future as a renunciation of the obligation in question.
obligation in question.
Article 21 – Title
In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the
clauses, the titles will be declared non-existent.
Article 22 – Language of the contract
The present general conditions of sale are written in French. In the event that they are translated into one or more foreign
or several foreign languages, only the French text would be authentic in case of litigation.
Article 23 – Mediation and settlement of disputes
The buyer can resort to a conventional mediation, in particular with the Commission of the mediation of the consumption
the existing sectoral mediation bodies, or to any alternative method of settling disputes (conciliation, for example).
disputes (conciliation, for example) in case of dispute. The name, contact details and e-mail address of the mediator
are available on our website.
In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up a platform for
Online Dispute Resolution, facilitating the independent out-of-court settlement of online disputes between
consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.
Article 24 – Applicable law
The present general conditions are subject to the application of French law. The competent court is the
It is so for the rules of substance as for the rules of form. In case of dispute or claim, the buyer
will address in priority to the salesman to obtain a friendly solution.
Article 25 – Protection of personal data
The personal data collected on this site are the following:
– account opening: during the creation of the user’s account, his name, first name, e-mail address, telephone number
– connection: when the user connects to the website, it records, in particular, his name, first name, connection data, use
data, usage data, location data and payment data;
– profile: the use of the services provided on the website makes it possible to fill in a profile, which may include an address
and telephone number;
– payment: in the context of the payment of the products and services offered on the website, the website records financial data
financial data relating to the user’s bank account or credit card;
– communication: when the website is used to communicate with other members, the data concerning
– communication: when the website is used to communicate with other members, data regarding the user’s communications is
communication data of the user is temporarily stored;
– cookies: cookies are used as part of the use of the website. The user has the possibility to deactivate cookies
from the settings of his browser.
Use of personal data
The personal data collected from users is used to provide the website services,
their improvement and to maintain a secure environment. More specifically, the uses are as follows:
– access and use of the website by the user;
– management of the operation and optimization of the website;
– organizing the conditions of use of the Payment Services;
– verification, identification and authentication of the data transmitted by the user;
– offering the User the possibility of communicating with other users of the Website;
– implementation of user assistance;
– personalization of services by displaying advertisements based on the user’s browsing history, according to his/her
– prevention and detection of fraud, malicious software and management of security incidents
– management of possible disputes with users;
– sending commercial and advertising information, according to the user’s preferences.
Sharing of personal data with third parties
Personal data may be shared with third-party companies in the following cases:
– when the user uses the payment services, for the implementation of these services, the website is in relation with
third party banking and financial companies with which it has contracts;
– when the user publishes, in the free comment areas of the website, information accessible to the public;
– when the user allows a third party’s website to access his/her data;
– when the website uses service providers to provide user support, advertising and payment services.
payment services. These service providers have limited access to the user’s data in order to perform these services and are under a contractual obligation to do so.
services, and are contractually obliged to use it in accordance with the provisions of the applicable data protection
applicable regulations on the protection of personal data;
– if required by law, the website may transmit data to follow up on claims against the website and to comply with
the website and to comply with administrative and judicial proceedings;
– if the website is involved in a merger, acquisition, sale of assets or receivership, it may be required to disclose personal data to
bankruptcy proceedings, it may be required to transfer or share some or all of its assets, including personal data.
personal data. In such a case, users will be informed before personal data is transferred to a third party.
to a third party.
Security and confidentiality
The website implements organizational, technical, software and physical security measures to protect personal data against alteration, destruction and unauthorized access.
to protect personal data against alteration, destruction and unauthorized access. However, it is
However, it should be noted that the internet is not a completely secure environment and the website cannot guarantee the security of the
transmission or storage of information on the Internet.
Implementation of users’ rights
In accordance with the regulations applicable to personal data, users have the following rights, which they can exercise
which they can exercise by sending a request to the following address: [email protected].
the right of access: they can exercise their right of access, to know the personal data concerning them. In
In this case, before the implementation of this right, the website may request proof of identity of the user in order to verify the accuracy of the data.
verify the accuracy of the data.
the right of rectification: if the personal data held by the website are inaccurate, they can
request the update of the information.
the right to delete data: users may request the deletion of their personal data, in accordance with the
in accordance with applicable data protection laws.
the right to the limitation of the processing: users can ask the website to limit the processing of personal data in accordance
personal data in accordance with the assumptions provided for by the GDPR.
the right to object to the processing of data: users may object to their data being
the right to object to the processing of data: users may object to their data being processed in accordance
processed in accordance with the assumptions provided for by the RGPD.
the right to portability: they can request that the website gives them the personal data provided to it
to a new website.
Evolution of the present clause
The website reserves the right to make any changes to this clause on the protection of personal data at any time.
at any time. In the event of a change to this data protection clause, the website will
the Website undertakes to publish the new version on its website. The website will also inform the users of the
users of the change by e-mail at least 15 days before the effective date. If
user does not agree with the terms of the new wording of the personal data protection clause, he/she has the
If the user does not agree with the terms of the new wording of the personal data protection clause, he/she has the possibility to delete his/her account.
Article L. 217-4: “The seller delivers a good in conformity with the contract and is responsible for the defects of conformity existing at the time of
He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation
when the latter has been put at his charge by the contract or has been carried out under his responsibility.
Article L. 217-5: “The goods conform to the contract:
1° If it is fit for the purpose usually expected of a similar good 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
sample or model;
– whether it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or his
seller, by the producer or by his representative, in particular in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose
sought by the buyer, brought to the seller’s attention and which the latter has accepted.”
Article L. 217-6: “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 L. 217-7: “Defects of conformity that appear within twenty-four months from the delivery of the good are presumed to exist at the time of purchase.
For goods sold second-hand, this period is set at six months.
The seller can fight this presumption if it is not compatible with the nature of the goods or the claimed lack of conformity.
The seller can fight this presumption if it is not compatible with the nature of the good or the claimed lack of conformity.”
Article L. 217-8: “The buyer is entitled to demand the conformity of the goods to the contract. However, he may not contest the
conformity by invoking a defect that he knew or could not ignore when he contracted. The same is true when the defect
The same applies when the defect originates in the materials that he himself supplied.”
Article L. 217-9: “In the event of a lack of conformity, the buyer chooses 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
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 method, given the value of the goods or the importance of the defect. He is then obliged
to proceed, unless this is impossible, according to the method not chosen by the buyer.”
Article L. 217-10: “If the repair and replacement of the goods are impossible, the buyer may return the goods and have the price
the price or keep the good and have part of the price returned to him. The same option is open to him: 1° If the solution
1. If the solution requested, proposed or agreed upon pursuant to Article L. 217-9 cannot be implemented within one month
2° Or if this solution cannot be implemented without major inconvenience for the buyer, given the nature of the good and the
2° Or if this solution cannot be implemented without major inconvenience for the buyer, taking into account the nature of the good and the use he is looking for. The resolution of the sale can not be pronounced if the lack of conformity is minor.
of conformity is minor.
Article L. 217-11: The application of the provisions of Articles L. 217-9 and L. 217-10 shall take place without any cost to the buyer.
These same provisions do not prevent the awarding of damages.
Article L. 217-12: “The action resulting from the lack of conformity is prescribed by two years as from the delivery of the goods.
Article L. 217-13: “The provisions of this section do not deprive the buyer of the right to exercise the action resulting from
redhibitory defects as provided for in Articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature
extra-contractual nature that is recognized by law.
Article L. 217-14: “The recourse action may be exercised by the final seller against successive sellers or intermediaries
and the producer of the tangible personal property, according to the principles of the Civil Code.
Article L. 217-15: “The commercial guarantee is understood to be any contractual commitment by a professional to the consumer for the reimbursement of the price of the goods.
the consumer for the reimbursement of the purchase price, the replacement or repair of the good or the provision of any other service related to the good.
any other service related to the good, in addition to its legal obligations to ensure the conformity of the good.
The commercial guarantee is the subject of a written contract, a copy of which is given to the buyer.
The commercial guarantee is the subject of a written contract, a copy of which is given to the buyer.
The contract specifies the content of the guarantee, the terms of its implementation, its price, its duration, its territorial scope
as well as the name and address of the guarantor.
In addition, it clearly and precisely mentions that, independently of the commercial guarantee, the seller remains bound by
the legal guarantee of conformity mentioned in articles L. 217-4 to L. 217-12 and that relating to the defects of the thing sold, under
sold, under the conditions provided for in Articles 1641 to 1648 and 2232 of the Civil Code.
The provisions of articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 as well as article 1641 and the first paragraph of article 1648 of the Civil Code are applicable.
of Article 1648 of the Civil Code are reproduced in full in the contract.
In the event of non-compliance with these provisions, the warranty shall remain valid. The buyer is entitled to avail himself of it.”
Article L. 217-16: “When the buyer asks the seller, during the course of the commercial warranty that was
granted to him at the time of the acquisition or the repair of a movable good, a repair covered by the guarantee, any period of
of at least seven days shall be added to the period of the guarantee that was still to run.
This period runs from the date of the buyer’s request for intervention or from the time the goods are made available for repair, if this is the case.
in question, if this availability is subsequent to the request for intervention.”
Article 1641: “The seller is bound by the warranty for latent defects in the thing sold which render 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 lesser price, if
or would have given a lower price, if he had known about them.
Article 1648: “The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
from the discovery of the defect. In the case provided for by article 1642-1, the action must be brought, under penalty of foreclosure
in the year following the date on which the seller can be discharged from the defects or the defects of conformity” apparent.