TERMS OF USE
ARTICLE 1 - Scope
These General Conditions of Sale apply, without restriction or reservation to all sales concluded by the company MECANIC SPORT (the “Seller”) to consumers and non-professional buyers (the “Customer” or the “Customers”). "), Wishing to acquire the products offered for sale by the Seller (the" Product "or the" Products ") on the website www.felix-automoto.com (the" Website "). They specify in particular the conditions of order, payment, delivery and management of any returns of Products ordered by Customers.
The Seller and the Customer are referred to together hereinafter by the term “Parties”. The term "Party" in the singular designates indifferently the Seller or the Customer.
The main characteristics of the Products and in particular the description, price, specifications, illustrations and indications of size, color and composition, are presented on the Website.
The Customer is required to read it before placing an order.
The choice and purchase of a Product are the sole responsibility of the Customer.
The photographs and graphics presented on the Website are not contractual and cannot engage the responsibility of the Seller.
The Customer is required to refer to the description of each Product in order to know its properties and essential features.
Minimal variations in the representation of the Products are not the responsibility of the Seller and do not affect the validity of the sale.
Product offers are valid as long as they are visible on the Website, within the limit of available stocks specified when placing the order.
The Seller's contact details are as follows: Société MECANIC SPORT - Limited Liability Company - With a capital of 248,000 euros - 9 rue Hélène Boucher - 35235 THORIGNÉ-FOUILLARD - RCS RENNES B 442 601 696
For any information or question, Customer Service can be contacted by e-mail at contact@felix-automoto.com or via the contact form in the "Contact" section; by mail to MECANIC SPORT - Customer Service - 9 rue Hélène Boucher - 35235 THORIGNÉ-FOUILLARD - FRANCE
These 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.
These General Conditions of Sale are accessible at any time on the Website and will prevail, where applicable, over any other version or any other contradictory document.
The Customer declares to have read these General Conditions of Sale and to have accepted them by checking the box provided for this purpose before implementing the online ordering procedure as well as the general conditions of use of the Website. The validation of the order by the Customer therefore implies acceptance of all of the current General Conditions of Sale, without restriction or reservation, and constitutes proof of the sales contract. It involves an obligation to pay.
These General Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is the one in force on the Website on the date the order is placed.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
The Customer acknowledges being of legal age and having the capacity required to contract and acquire the Products offered on the Website.
The Products presented on the Website are offered for sale in mainland France and in member countries of the European Union.
In the event of an order to a member country of the European Union other than mainland France, the Customer is the importer of the Product (s) concerned.
Customs duties or other local taxes or import duties or State taxes may be payable. They will be charged to and are the sole responsibility of the Customer, in addition to the price mentioned on the order.
ARTICLE 2 - Orders
It is up to the Customer to select on the Website the Products he wishes to order, according to the following methods:
- Choice of the Product (size, color, quantity) and addition to the basket,
- Validation of the contents of the basket,
- Connection to the account (during the first order, it is necessary to fill out an account creation form with a password),
- Confirmation (or entry during the first order) of the Customer's contact details,
- Choice of delivery method,
- Choice of payment method and acceptance of the GTC,
- Payment validation.
The Customer validates his payment by bank card by entering the number on the front of his card, the expiration date and the security code on the back.
For payment with a Paypal account, payment is made by clicking on the "Pay by card or PayPal account" button.
The Customer will then receive an email confirming that their order has been taken into account. The order form will include a summary of the Products ordered, any shipping costs and its order number.
Any order with online payment will only be processed by the Seller after payment has been accepted by officially accredited bodies.
The sale will not be considered final until the Customer has sent the confirmation of acceptance of the order by the Seller by email and after receipt by the latter of the full price.
The Customer has the possibility to check the details of his order, its total price and to correct any errors before confirming his acceptance (article 1127-2 of the Civil Code).
It is therefore the Customer's responsibility to verify the accuracy of the order and to immediately report any errors.
Any order placed on the Website constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
The Seller reserves 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.
All Product orders are subject to their availability. In the event of unavailability of one or more Products ordered, the Seller will notify the Customer by email. The Customer will be able to order replacement Products of the same or better quality or value. If the Customer does not wish to order these replacement Products, the Seller will refund any amount that may have been paid.
ARTICLE 3 - Prices
The Products are supplied at the current prices appearing on the Website, when the order is registered by the Seller. The prices are expressed in Euros, HT and TTC.
The prices take into account any reductions that would be granted by the Seller on the Website.
The Seller reserves the right to modify the prices of the Products indicated on the Website at any time. However, the Products will be invoiced to the Customer on the basis of the prices in force at the time of the order.
Prices include VAT at the rate applicable in France on the day of the order accepted. They do not include the costs of processing, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated on the Website and calculated prior to placing the order. They are specified in Article 5 - "Deliveries" of these General Conditions of Sale. Any change in the applicable statutory VAT rate will automatically be reflected in the price of the Products.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is established by the Seller and given to the Customer upon receipt of payment for delivery of the Products ordered.
All costs of connection or Internet service or network operator of the Customer remain their responsibility.
ARTICLE 4 - Payment terms
The price is payable in cash, in full on the day the order is placed by the Customer, by secure payment, according to the following terms:
by credit card: Visa, MasterCard, credit card
by PayPal
Payment data is exchanged in encrypted mode using the SSL (Secure Socket Layer) protocol and never passes unencrypted over the network. The encrypted confidential data will be transmitted directly to the BNP PARIBAS banking establishment.
For security reasons, the Customer must enter their bank details with each new order.
Payment by PayPal is made directly on the PayPal website. MECANIC SPORT has no access at any time to the Customer's PayPal data or to their banking information.
When paying by PayPal, PayPal's terms and conditions apply to the customer transaction.
At no time can the sums paid be considered as a deposit or down payment.
If one or more taxes or contributions, in particular environmental, were to be created or modified, up or down, this change may be reflected in the selling price of the Products.
Payments made by the Customer will only be considered final after actual receipt by the Seller of the sums due.
The Seller will not be required to deliver the Products ordered by the Customer if the latter does not pay him the full price under the conditions indicated above.
In addition, the Seller reserves the right, in the event of non-compliance with the terms of payment appearing above, to suspend or cancel the delivery of orders in progress made by the Customer.
No additional costs, higher than the costs borne by the Seller for the use of a means of payment may be billed to the Customer.
ARTICLE 5 - Deliveries
Excluding the closing period of the online store which will be clearly announced on the home page of the Website and sales periods, and except in cases of force majeure as defined below, the Seller is will endeavor to ship any order placed on the Website from Monday to Friday (excluding public holidays) within 3 days of placing the order, subject to receipt of payment and availability of the Product.
The Products ordered by the Customer will be delivered in METROPOLITAN FRANCE to the address indicated by the Customer when ordering on the Seller's website, within the following deadlines:
- Chronopost: within 24 hours of dispatch of the order, from Monday to Saturday.
As an indication, for a shipment in mainland France:
Free Delivery
As an indication, for a shipment to Europe:
For delivery outside mainland France in a country that is a member of the European Union, specific shipping costs apply depending on the zone to which your country is assigned. They are calculated according to the weight / volumetric of the package. They will be indicated to the Customer during the ordering process.
When the order is shipped, the Customer will receive a shipment confirmation email recalling the delivery address as well as the tracking number. Thanks to this reference, the Customer will be able to follow his parcel directly on the carrier's website.
Delivery consists of the transfer to the Customer of physical possession or control of the Product.
Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.
The Seller undertakes to make its best efforts to deliver the Products ordered by the Customer within the deadlines specified above. However, these deadlines are provided for information only.
However, if the Products ordered have not been delivered within 30 days of the date of acceptance of the order, for any reason other than force majeure or the fact of the Customer, the sale may be terminated at the written request from the Customer, by registered letter with acknowledgment of receipt, under the conditions provided for in Articles L.216-2, L.216-3 and L.241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of termination of the contract, to the exclusion of any compensation or withholding.
In the event of a specific request from the Customer concerning the conditions of packaging or transport of the Products ordered, duly accepted in writing electronically by the Seller, the related costs will be the subject of a specific additional billing, on estimate previously accepted in writing electronically. client.
The Customer acknowledges that the exchange of electronic documents with the Seller will have the value of proof in the event of a dispute. These exchanges must take place from the email address provided by the Customer when creating their account.
The Customer is required to check the condition of the Products delivered. He has a period of 7 days from the delivery to formulate in writing addressed to the Seller any reservations or complaints for non-conformity or apparent defect of the delivered Products (for example, damaged or already opened package), with all supporting documents. related (photos in particular). After this period and failing to comply with these formalities, the Products will be deemed to comply and free from any apparent defect and no complaint can no longer be validly accepted by the Seller.
The Seller will reimburse or replace as soon as possible and at its expense, the Products delivered for which the lack of conformity or the apparent or hidden defects have been duly proved by the Customer, under the conditions provided for in Articles L.217-4 et seq. of the Consumer Code and those provided for in these General Conditions of Sale (see article 8 - “Seller's liability - Guarantees”, in particular).
ARTICLE 6 - Transfer of ownership - Transfer of risks
The transfer of ownership of the Seller's Products, to the benefit of the Customer, will only be carried out after full payment of the price by the latter (including delivery costs), regardless of the date of delivery of said Products.
Whatever the date of the transfer of ownership of the Products, the transfer of the risks of loss and damage relating thereto will only be carried out when the Customer takes physical possession of the Products. The Products therefore travel at the risk and peril of the Seller.
ARTICLE 7 - Exchange and return policy
7.1 Legal right of retirement
In accordance with the legal provisions in force, the Customer has a period of fourteen days from receipt of the Product to exercise his right of withdrawal from the Seller, without having to justify reasons or pay a penalty, at the end of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within 14 days of communication of the Customer's decision to retire.
Returns must be made in their original condition and complete (packaging, accessories, etc.) allowing them to be returned to the market in new condition, accompanied by the purchase invoice).
Products that are damaged, soiled, unlabeled or incomplete are not taken back.
The right of retirement can be exercised online with the form in the "Contact" section in which case an acknowledgment of receipt on a durable medium will be immediately communicated to the Customer by the Seller, or any other declaration, unambiguous, expressing the willingness to retract.
In the event of exercise of the right of retirement within the aforementioned period, only the price of the Product (s) purchased and the delivery costs are reimbursed; the return costs remaining the responsibility of the Customer except in the context of an exchange.
With the exception of metropolitan France: return costs are offered by MECANIC SPORT for an exchange or a refund.
The refund will be made within 14 days of receipt by the Seller of the Products returned by the Customer under the conditions provided for in this article.
7.2 - Exchange
Notwithstanding the provisions of Article 7.1 relating to the legal right of withdrawal, if the Customer considers that the size ordered does not suit him or if his choice is another model, the Customer may request to exchange the Product received.
The Customer has 14 calendar days, after receipt of his order, to request the exchange of the Product (s).
The exchange request is made from the customer account, in the "History and details of my orders" tab.
The Customer will receive an email confirming that their exchange request has been taken into account. A return label will be sent to him by email.
Upon receipt of your return package, you will receive by email a code to benefit from your credit note corresponding to the amount including tax of the returned item (s). This code will also be available in your customer area in the "My credit notes" tab. It is your responsibility to use this credit note within 1 year from the return request to place a new order on our e-shop.
If the value of the item ordered in exchange is greater than the amount including tax of the credit note, then you will be asked to pay the difference during the ordering process. If the value of the item ordered in exchange is less than the amount including tax of the credit note, the difference will be considered as lost and cannot be claimed.
The Customer must return the complete Product in its original packaging and in perfect condition as soon as possible and in any case within a maximum period of 14 calendar days from its request for an exchange.
Damaged, soiled, unlabeled or incomplete Products will not be exchanged.
The exchange (subject to availability and after receipt of any sums due by the Customer) will be made within 14 days of receipt by the Seller of the Product (s) returned by the Customer under the conditions provided for in this article
7.3 - Common provisions - Condition of returned or exchanged Products
Product returns and exchanges are to be made in their original condition (unworn, not altered) and complete (packaging, labels, accessories, instructions, etc.) allowing them to be returned to the market in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products are not returned or exchanged.
The Customer who returns a damaged, soiled or incomplete Product to the Seller will assume all the costs necessary for the recovery of said Product from the Seller.
ARTICLE 8 - Responsibility of the Seller - Guarantee
The Products sold on the Website comply with the regulations in force in France and have performance compatible with non-professional uses.
The Products supplied by the Seller benefit automatically and without additional payment, regardless of the right of withdrawal, in accordance with legal provisions,
- the legal guarantee of conformity, for Products apparently defective, damaged or damaged or not corresponding to the order,
- the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the Products delivered and rendering them unfit for use,
under the conditions and according to the modalities referred to in the box below, and defined in the appendix to these General Conditions of Sale (Guarantee of Conformity / Guarantee of Hidden Defects).
It is recalled that within the framework of the legal guarantee of conformity, the Customer:
- has a period of two years from the delivery of the goods to act against the Seller.
- may choose between repairing or replacing the product ordered, subject to the cost conditions provided for in article L.217-9 of the Consumer Code.
- is exempt from providing proof of the existence of the lack of conformity of the product during the 24 months following delivery of the Product.
The legal guarantee of conformity applies independently of the commercial guarantee that may possibly cover the Product. The Customer can decide to implement the guarantee against hidden defects of the Product in accordance with article 1641 of the Civil Code, in this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with the article 1644 of the Civil Code.
In order to assert his rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within a maximum period of 14 days from the delivery of the Products or of the existence of latent defects within the deadlines mentioned above. above and return the defective Products in the state in which they were received with all the elements (accessories, packaging, instructions, etc.).
The Seller will reimburse or replace or have repaired the Products under warranty deemed non-compliant or defective.
The shipping costs will be reimbursed on the basis of the price invoiced by the Seller and the return costs will be reimbursed on presentation of supporting documents within the limit of the costs applicable for a return by Chronopost.
Refunds for Products deemed non-compliant or defective will be made as soon as possible and at the latest within 14 days of the Seller's finding of the lack of conformity or the hidden defect.
Reimbursement will be made by credit to the Customer's bank account or by check sent to the Customer.
Beyond the two-year legal guarantee, a compromise in the form of a credit or promotional code may be considered after agreement between the various parties.
The Seller's liability cannot be engaged in the following cases:
- non-compliance with the legislation of the country in which the Products are delivered, which it is up to the Customer to verify, the Seller selling Products meeting French standards,
- in the event of misuse, use for professional purposes, intervention on the Product, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force major.
The Seller's guarantee is, in any event, limited to the replacement or reimbursement of non-conforming Products or those affected by a defect.
The Products sold on the Website, in particular leather articles, often have characteristics specific to the natural materials used in their manufacture. Each skin being unique, the Products may reveal variations in color or texture. These variations can in no case be considered as defects or engage the responsibility of the Seller.
Likewise, the Seller cannot be held responsible for problems linked to the natural evolution of leather (discoloration, color transfer, stains, etc.).
ARTICLE 9 - Computing and Freedoms
Pursuant to Law 78-17 of January 6, 1978, it is recalled that the personal data requested from the Customer are necessary for the processing of his order and the establishment of invoices, in particular.
These data may be communicated to any partners of the Seller responsible for the execution, processing, management and payment of orders.
The processing of information communicated through the website www.daytona73.com has been declared to the CNIL.
In accordance with the Data Protection Act of January 6, 1978, the Customer has, at any time, a right of access, rectification, and opposition to all of his personal data by writing, by mail and by justifying his identity, to the company MECANIC SPORT - Customer Service - 9 rue Hélène Boucher - 35235 THORIGNÉ-FOUILLARD - FRANCE
ARTICLE 10 - Intellectual property
The content of the Website is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and is liable to constitute an offense of counterfeiting.
In addition, the Seller remains the owner of all intellectual property rights on the photographs, presentations, studies, drawings, models, prototypes, etc., produced (even at the request of the Customer) with a view to providing the Services and Products to the Customer. . The Customer therefore refrains from any reproduction or use of said studies, drawings, models and prototypes, etc., without the express, prior written authorization of the Seller who may make it conditional on financial compensation.
ARTICLE 11 - Unpredictability
In the event of a change in unforeseeable circumstances during the conclusion of the contract, in accordance with the provisions of article 1195 of the Civil Code, the Party which has not agreed to assume a risk of excessively onerous performance may request a renegotiation of the contract. to its co-contracting party.
ARTICLE 12 - Forced execution in kind
In the event of failure by either Party to fulfill its obligations, the Party that is the victim of the default has the right to request the forced execution in kind of the obligations arising from this Agreement.
In accordance with the provisions of article 1221 of the Civil Code, the obligee of the obligation may continue this forced execution after a simple formal notice, addressed to the obligor of the obligation by registered letter with acknowledgment of receipt, which has remained unsuccessful, unless this -It proves impossible or if there is a manifest disproportion between its cost for the debtor and its interest for the creditor.
ARTICLE 13 - Exception of non-performance
It is recalled that in application of article 1219 of the Civil Code, each Party may refuse to perform its obligation, even though it is due, if the other Party does not perform its own and if this non-performance is sufficiently serious, that is to say likely to call into question the continuation of the contract or fundamentally upset its economic balance.
The suspension of performance will take effect immediately, upon receipt by the defaulting Party of the notification of breach sent to it for this purpose by the Party victim of the default indicating the intention to apply the exception of non-performance as long as that the defaulting Party will not have remedied the observed failure, served by registered letter with acknowledgment of receipt or on any other durable written medium allowing proof of shipment to be provided.
This exception of non-performance may also be used as a preventive measure, in accordance with the provisions of article 1220 of the Civil Code, if it is clear that one of the Parties will not perform the obligations incumbent upon it by the due date and that the consequences of this non-performance are sufficiently serious for the Party that is the victim of the default.
This option is used at the risk and peril of the Party which takes the initiative.
The suspension of execution will take effect immediately, upon receipt by the presumed defaulting Party of the notification of the intention to apply the exception of preventive non-performance until the presumed defaulting Party performs the obligation for which a failure to come is manifest, served by registered letter with acknowledgment of receipt or on any other durable written medium allowing proof of sending.
If the impediment was final or continued beyond two months, these would be purely and simply resolved in accordance with the terms defined in article 15-2 "Resolution for failure of a Party to fulfill its obligation (s)".
ARTICLE 14 - Force majeure
The Parties cannot be held responsible if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure or due to a third party not being under the responsibility or control of one of the Parties.
All irresistible facts or circumstances, external to the Parties, unforeseeable, unavoidable, beyond the control of the Parties and which cannot be prevented by the latter, despite all reasonably possible efforts, will be considered as cases of force majeure.
Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: blocking of means of transport or supplies, strike, lock-out or other protest measures, storms , natural disasters, shutdown of telecommunications networks, terrorist attack, war, nuclear incident.
The Party noting the event must immediately inform the other Party of its inability to perform its obligation (s) and justify it to the latter. The suspension of obligations may in no case be a cause of liability for non-performance of the obligation in question, nor induce the payment of damages or penalties for delay.
The performance of the obligation is suspended for the duration of the force majeure if it is temporary and does not exceed a period of 60 days. Consequently, as soon as the cause for the suspension of their reciprocal obligations has ceased, the Parties will make every effort to resume the normal performance of their contractual obligations as quickly as possible.
For this purpose, the prevented Party will notify the other of the resumption of its obligation by registered letter with request for acknowledgment of receipt or any extrajudicial act. If the impediment is definitive or exceeds a period of 60 days, these will be purely and simply resolved in accordance with the terms defined in article 14 "Resolution for force majeure", unless the Seller and the Customer agree to extend the period.
During this suspension, the Parties agree that any costs incurred by the situation will be divided by half.
ARTICLE 15 - Termination of the contract
15-1 - Resolution for unforeseen events
The termination for the impossibility of performance of an obligation that has become excessively onerous may not, notwithstanding the clause "Termination for failure of a Party to fulfill its obligation (s)" appearing below, take place only 30 days after receipt of the '' a formal notice declaring the intention to apply this clause notified by registered letter with acknowledgment of receipt or any extrajudicial act.
15-2 - Resolution for failure of a Party to fulfill its obligation (s)
In the event of non-compliance by either Party with its obligation (s), it may be resolved at the option of the injured Party.
It is expressly understood that this resolution for failure of a Party to fulfill its obligations will take place automatically 30 days after the sending of a formal notice to perform, which has remained, in whole or in part, without effect. The formal notice may be notified by registered letter with acknowledgment of receipt or any extrajudicial act.
This formal notice must mention the intention to apply this clause.
15-3 - Provisions common to termination cases
It is expressly agreed between the Parties that the debtor of an obligation to pay under the terms of this agreement, will be validly put in default by the sole exigibility of the obligation, in accordance with the provisions of article 1344 of the Civil Code.
ARTICLE 16 - Applicable law - Language
These General Conditions of Sale and the operations resulting from them are governed and subject to French law.
These General Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.
ARTICLE 17 - Disputes
ALL DISPUTES TO WHICH THE PURCHASE AND SALE OPERATIONS CONCLUDED PURSUANT TO THESE GENERAL TERMS AND CONDITIONS OF SALE MAY GIVE RISE, CONCERNING THEIR VALIDITY, THEIR INTERPRETATION, THEIR PERFORMANCE, THEIR TERMINATION, THEIR CONSEQUENCES AND THEIR FOLLOWING TO BE RESOLVED BETWEEN THE SELLER AND THE CUSTOMER WILL BE SUBJECT TO FRENCH JURISDICTIONS.
The Customer is informed that he may in any event have recourse to conventional mediation, in particular with the Commission for consumer mediation (art. L 612-1 of the Consumer Code) or with sectoral mediation bodies. existing, and whose references appear on the Website or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
ARTICLE 18 - Pre-contractual information - Customer acceptance
The fact for a natural (or legal) person to order on the Website implies full and complete acceptance and acceptance of these General Conditions of Sale and obligation to pay for the Products ordered, which is expressly recognized by the Customer, who waives, in particular, to take advantage of any contradictory document, which would be unenforceable against the Seller.
The essential characteristics of the Products are detailed on the Website. The Customer acknowledges that any ordering will mean that he is personally aware, prior to his purchase, of all the characteristics of the Product described on the Website, of these General Conditions of Sale, of the conditions of payment, delivery and guarantee.
ARTICLE 18 - Promotional offers
In the event of price reductions for one or more products, via a percentage or an amount, or for all other possible promotions visible on the website, the products and their offers will be highlighted and available to the Customer, until when the stock of the product (s) is exhausted, and not according to a duration, except in the case of special mentions on the possible communication media such as the website, brand book, etc.
APPENDIX 1 - Provisions relating to legal guarantees
Article L.217-4 of the Consumer Code
“The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery.
It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility ”.
Article L.217-5 of the Consumer Code
"The good is in accordance with the contract:
1 ° If it is suitable for the use 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 latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
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 which the latter has accepted ”.
Article L.217-12 of the Consumer Code
“The action resulting from the lack of conformity lapses two years after delivery of the goods”.
Article L.217-16 of the Consumer Code
"When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run.
This period runs from the buyer's request for intervention or the provision for repair of the item in question, if this provision is subsequent to the request for intervention ”.
Article 1641 of the Civil Code
"The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have given a lower price, if he had known them ”.
Article 1648 paragraph 1 of the Civil Code
"The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect".