Terms of Sales

ARTICLE 1 : Vendor information

Le site hosted at https://www.caves-carriere.fr/en/ (hereinafter referred to as "the Site is the property of :

CAVES CARRIERE, a simplified joint-stock company with share capital of €500,055.00 whose registered office is located́ in DIJON (21000), 12 rue de Skopje (hereinafter CAVES CARRIERE or the Seller)
SIRET: 528 069 636 00066

Intracommunity VAT number: FR70528069636

E-mail : boutique@caves-carriere.fr

Tel : +33 (0)3 45 81 20 20

ARTICLE 2: PRODUCTS

The site sells wines, spirits and other alcoholic beverages.

Article 3: APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE :

These terms and conditions apply to all purchases made from CAVES CARRIERE's online store via the Site. To view the terms and conditions of an order, the customer may click on "Terms and Conditions of Sale" at any time, even before placing an order.

They are accessible on the Site and can be downloaded and will prevail, where applicable, over any other version or any other contradictory document.

The fact of placing an order implies full and unrestricted acceptance by the customer CAVES CARRIERE to the various clauses presented in these GTC. These conditions thus presented are subject by operation of law in existing contractual relations between the Customer and the company Caves Carrière.

Before validating his order, the customer declares that he has accepted these terms and conditions of sale and that he therefore fully agrees with them.

The seller reserves the right to modify its terms and conditions at any time. The version of the GCS applicable to the order is that in force at the time of the order.

ARTICLE 4: DEFINITIONS

For the purposes of these conditions of sale and the exchanges between the Vendor and the Customer, the following terms shall have the corresponding meanings.

"CGV means the present general terms and conditions of sale.

"Customer(s) means the consumer or non-professional purchasing one or more Products from the Vendor.

"Consumer(s) means any natural person acting for purposes that are not part of his or her commercial, industrial, craft, liberal or agricultural activity.

"Non-professional(s) means any legal entity purchasing product(s) for purposes unrelated to its professional activity.

"Part(s) means the Customer, the Seller independently or collectively.

"Product(s) designates all products available and sold by the Vendor via the Site.

"Professional means any natural or legal person, public or private, acting for purposes within the scope of its commercial, industrial, craft, liberal or agricultural activity, including when acting in the name or on behalf of another professional.

ARTICLE 5: PRE-CONTRACTUAL INFORMATION

The Customer acknowledges having been informed, prior to placing his/her order, in a legible and comprehensible manner, of the present terms and conditions of sale and of all the information listed in articles L. 111-1 and L. 221-5 of the French Consumer Code.

In particular, the following information is provided to the customer in a clear and comprehensible manner:

- The essential characteristics of the Products ;

- Product prices;

- If applicable, any additional freight, delivery or postage charges and any other charges due ;

- In the absence of immediate performance of the contract, the date or time by which the seller undertakes to deliver the Products, regardless of price ;

- Information relating to the identity of the Seller, its postal, telephone and electronic contact details, and its activities, as well as information relating to legal guarantees, the existence and implementation of guarantees and other contractual conditions.

- Dispute resolution methods, including the possibility of recourse to a consumer mediator under the conditions set out in Title I of Book VI of the French Consumer Code,

- Customers who do not wish to be the subject of commercial canvassing can register free of charge on the Bloctel opposition list on the website www.bloctel.gouv.fr .

ARTICLE 6: CUSTOMER STATUS

These GCS apply exclusively to orders from customers who meet the definition of consumers as set out in article 4.

The Customer declares on his honour that he is acting as a consumer. The Vendor may refuse any order in the event of fraud, and in particular in the event of deception on the part of the Customer.

Sales are reserved for customers who have reached the age of majority under the provisions applicable in the customer's country of residence.

By accessing the Site, the Customer declares that he/she is of legal age.

The Customer must not be legally incapable of contracting.

ARTICLE 7 - CREATING A CUSTOMER ACCOUNT

It is not possible to order Products as a guest. All orders require the creation of a customer account or the connection to an existing customer account.

Placing an order requires the Customer to provide all the information requested (surname, first name, full delivery address, full billing address, telephone number, e-mail address).

The recording of this data enables the Customer to be identified and his order to be processed.

Consequently, the Customer undertakes to fill in this form completely and in good faith, and to provide only accurate information.

This information is kept for as long as the customer account is active. Customers are asked to enter their e-mail address, which becomes their pseudonym, and a password. The customer keeps these identifiers confidential.

Each time you visit the Site, if you wish to order or consult your account, you must identify yourself using your login and password.

ARTICLE 8 - ORDERING PROCEDURES :

The Customer is aware of all the information relating to the Products he/she intends to purchase.

To select the Product he/she wishes to purchase, the Customer must click on the "Add to Basket" button.

The product is then automatically added to the shopping cart, and the customer can add more products if he or she wishes.

The shopping basket can be accessed at any time by selecting the "my basket" section. This section displays all the Products selected, their quantity, unit price and total price excluding delivery charges.

Once the selection has been made, the customer validates the basket and the method of dispatch or collection of the Products.

The customer checks his/her order, corrects any errors and confirms that he/she has read and understood the present terms and conditions by ticking the box "I have read and understood the terms and conditions and I accept them".

Once the order has been confirmed, the customer is asked to pay the full price. Nb: the Site must expressly mention the existence of an obligation to pay if the customer validates his order. For example, the button should read "order with obligation to pay".

The order is validated by CAVES CARRIERE. If the order is not validated, the customer will be informed and reimbursed.

In accordance with the provisions of article L. 121-11 of the French Consumer Code, the Vendor reserves the right to refuse any order if it is abnormal, placed in bad faith or for any other legitimate reason and, in particular, in the event of a current or past dispute with the Customer concerned.

An order confirmation is sent by email upon validation by Caves Carriere.

ARTICLE 9: PRICES

Prices displayed on the Site are subject to manifest error.

Prices are given in Euros (€) and include all taxes (French VAT and any other applicable taxes).

The price indicated on the product sheets does not include shipping costs. The price of the same product may vary according to the quantities selected. Shipping costs vary according to delivery location.

THE DELIVERY RATES APPLICABLE AT THE TIME OF ORDERING ARE AVAILABLE ON THE SITE.

If one or more taxes or contributions, in particular environmental taxes, are created or modified, either upwards or downwards, this change may be reflected in the sale price of the Products.

Telecommunication costs incurred in accessing the Site are the sole responsibility of the Customer.

CAVES CARRIERE reserves the right to modify its sales prices at any time. However, the price applied to any order is that in force at the time of validation of the basket by the Customer.

ARTICLE 10: METHODS OF PAYMENT

The price is payable in full when the order is placed.

Payment for products can be made by bank transfer, Paypal or credit card

The Customer guarantees the Vendor that he has the necessary authorizations to use the method of payment chosen by him.

When paying by credit card, payment data is exchanged in encrypted mode using the Secure Socket Layer (SSL) and 3D Secure protocols. In addition, all the banking information you communicate to us during your online purchase is neither stored nor visible on the Internet.

In the event of payment by Paypal, the Customer is redirected to the PAYPAL secure interface in order to securely enter his/her Paypal account details.

In the event that, for any reason whatsoever (opposition, refusal by the issuing center, etc.), it proves impossible to debit the sums due by the Customer, the purchase process on the Site will be cancelled.

If the payment is accepted, the order is registered.

An invoice is issued by CAVES CARRIERE and is available in the "my account" section of the Caves Carriere website. At the customer's request, an invoice may be sent by e-mail or to the customer's billing address.

In accordance with the terms of law n°80 336 of May 1st 1980, relating to the reservation of ownership, the customer becomes the owner and responsible for the articles as soon as they are delivered, the transfer of possession being equivalent to the transfer of risks.

ARTICLE 11: LOYALTY PROGRAM - KITTY :

You start to earn points kitty for all orders placed on the site caves-carriere.fr/boutique.

With each order, you can save 3% of the amount consumed. This amount can be used on your next order for a period of one year. This amount can be accumulated.

For example: If you spend €100, you'll have €3 in savings to spend on your second order.

Your kitty can Can be used whenever you like, however they cannot be used to pay for postage, nor in conjunction with a promotional code, nor during promotional periods.

If unused, earned rights are definitively lost one year after the date of the order that generated them.

ARTICLE 12: RETENTION OF TITLE

The transfer of ownership of the Vendor's Products will take place upon full payment of the price by the Customer.

The products ordered by the Customer therefore remain the property of the Vendor until full payment of the order (including delivery costs) has been received.

ARTICLE 13: DELIVERY OR AVAILABILITY TIMES

Shipment or availability of Products is calculated from the order registration date indicated on the order confirmation e-mail.

Shipping times are those announced on the Site or at the time of order confirmation.

The Vendor undertakes to use its best efforts to deliver the Products ordered by the Customer within the times indicated.

Delivery times vary depending on the product and the destination of the Products. If products in the order have different delivery times, the longest delivery time applies to the whole order.

In the event of an exceptional event slowing down or preventing delivery, the Vendor will make every effort to inform the Customer of the status of the shipment, but cannot be held responsible for any delays caused.

If the Products ordered have not been delivered within a maximum period of 30 days after the conclusion of the contract, for any reason other than force majeure, the sale may be cancelled at the written request of the Customer under the conditions provided for in articles L.216-1, L.216-6, L.216-7 and L.241-4 of the French Consumer Code, i.e. by registered letter with acknowledgement of receipt or in writing on another durable medium, if, after having enjoined the Vendor, under the same conditions, to make the delivery or provide the service within a reasonable additional period, the Vendor has not complied within this period.

The contract is considered terminated upon receipt by the Seller of the letter or writing informing it of such termination, unless the Seller has performed in the meantime.

The customer may, however, immediately cancel the contract if the delivery dates or deadlines are an essential condition of the order.

ARTICLE 14: DELIVERY

Delivery may not be guaranteed if the Customer's address is outside the Seller's delivery territory.

The customer can choose to :

• - Pick up your order at the Vendor's boutique located at 12 rue de Skopje 21000 DIJON

• - Home delivery with UPS Standard

• - Home delivery with UPS Express Saver

• - UPS delivery to relay points

• - Grouping orders

Group my orders: It is possible to group your orders for a single shipment (over a maximum period of 3 months from the first order and a maximum of 36 bottles). Shipping costs will be calculated and must be paid before shipment.

To initiate delivery, contact the Vendor via boutique@caves-carriere.fr. It may take up to 48 hours from the time of the customer's request to prepare for delivery.

Delivery in France: As soon as Caves CARRIERE has validated the order, it initiates transport and delivery operations. Items ordered are delivered to the address provided by the customer. The delivery information provided by the customer is binding. CAVES CARRIERE cannot be held responsible for any error or lack of information resulting in faulty or non-delivery. In the event of a return due to an incomplete address, the customer will have the option of either modifying the address and having the Products reshipped at the customer's expense, or having the order reimbursed. In this case, the initial shipping costs will not be reimbursed if the non-delivery is attributable to the customer.

Nb: according to case law, you are responsible to the customer for the transport and the carrier's errors. Consequently, the customer is not deprived of recourse if he fails to exercise it properly.

In accordance with the provisions of article L.216-5 of the French Consumer Code, the Vendor will leave a delivery note with the Customer when he takes possession of the Product, mentioning the possibility for the Customer to express reservations, particularly in the event of a defect in the Product.

- In the event of partial or total loss or damage during delivery

It is the customer's responsibility to check the contents of the package upon receipt

The Customer must make a reasoned complaint by registered letter with acknowledgement of receipt to the Vendor.

The customer is also requested to indicate any reservations (clear, precise and detailed reservations) on the delivery slip and to the carrier, and to indicate any anomalies noted during delivery on the delivery slip.

- In the event of non-conformity of the Product delivered with the order,

The Customer must check the condition of the packaging and the Products.

The Customer must send any complaints to the Vendor by post or e-mail, quoting the date and reference of the order.

Complaints can be made to the following address within 48 hours of receipt: boutique@caves-carriere.fr

- In the event of proven non-compliance

The Product may be refused by the Customer, at no additional cost to the Customer, and returned to the Vendor, with the Vendor's prior written consent, in perfect condition and in its original packaging.

Caves Carriere undertakes to offer a reshipment, a credit note or a refund to the Customer.

ARTICLE 15: STOCK AND OUT-OF-STOCK :

The customer may place an order online while stocks last.

The Customer will be informed of any unavailability of Products ordered.

In the event of a product ordered being out of stock, CAVES CARRIERE undertakes to keep the customer informed as soon as possible and will offer different alternatives:

• Replacement of the out-of-stock product by an equivalent product at the same price.

• Refund of the unavailable product(s) or the entire order, depending on the customer's choice, within 14 days of the customer's decision.

In the event of a temporary shortage, the customer will be offered the choice of waiting until the date indicated for restocking. The customer will have the option of accepting and waiting to receive the full order, or requesting partial or complete cancellation of the order.

In the event of unavailability of the product ordered, the Customer will be informed as soon as possible and will have the option of cancelling the order. The Customer then has the choice of requesting either a refund of the sums paid within 14 days of their payment, or an exchange of the Product.

ARTICLE 16: PRODUCT WARRANTY :

16.1 Legal warranty of conformity

The Seller guarantees the conformity of the Products to the contract, it being specified here that wine is a natural product whose taste and characteristics may vary over time without this constituting non-conformity.

In the event of implementation of the legal warranty of conformity, please note that :

16.2 Legal warranty against hidden defects

In accordance with Articles 1641 et seq. of the French Civil Code, the Vendor is liable for any hidden defects in the goods sold. It is up to the customer to prove that the defects existed at the time of sale and are such as to render the goods unfit for their intended use. This warranty must be invoked within two years of discovery of the defect.

The customer may choose between rescission of the sale or reduction of the price in accordance with article 1644 of the French Civil Code.

16.3 Taste of plug[NH1]

The customer is aware of the risk of cork taint in any wine purchase.

In the case of corked bottles, the customer must contact CAVES CARRIERE by telephone or e-mail. The customer must then return the bottle (full or nearly full) and its original cork, at his or her own expense, with an accompanying letter stating the order number and date. Upon receipt, Caves Carriere will ask its oenologist to taste the wine. If the oenologist confirms that the bottle is corked, a credit note will be issued for the amount of the bottle before tax.

16.4 Commercial warranty

The Vendor does not grant any commercial guarantee other than the legal guarantees.

REPAYMENT TERMS

In the event of a refund following a dispute, we undertake to refund the amount agreed with our customer service department without undue delay and no later than fourteen days from the date on which you agreed in writing to the refund with our customer service department. In the event of a refund in exchange for a returned Product, we may defer the refund until we have received the Product or until you have provided proof of shipment of the returned Product, whichever is the earlier. For refunds by credit card, the customer is informed that interbank delays may delay the actual credit to your account by a few days.

ARTICLE 17: RIGHT OF WITHDRAWAL :

You have the right to withdraw from this contract without giving any reason within fourteen days. The withdrawal period expires fourteen days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the Products

To exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous statement (for example, letter sent by post, fax or e-mail) by post to the address Caves Carrière, 12 rue de Skopje, 21000 Dijon, France. By e-mail to boutique@caves-carriere.fr. By telephone at +33 03 45 81 20 20.

You can use the enclosed model withdrawal form, but this is not compulsory.

Effects of withdrawal

In the event of retraction on your part,

- The Product(s) must be returned to the Seller's address mentioned in the Preamble of the GCS.

- You are responsible for return shipping costs.

- Returns must be made in the original, undamaged packaging.

Damaged, soiled or incomplete products cannot be taken back.

We will reimburse all payments received from you, including delivery costs (with the exception of additional costs arising from the fact that you have chosen, where applicable, a delivery method other than the less expensive standard delivery method offered by us) without undue delay and, in any event, no later than fourteen days from the day on which we are informed of your decision to withdraw from this contract.

We will make the refund using the same method of payment as you used for the original transaction, unless you expressly agree to a different method; in any event, there will be no charge to you for this refund. We may defer reimbursement until we have received the goods or until you have provided proof of shipment of the goods, whichever comes first.

Exception to the right of withdrawal

The right of withdrawal does not apply to the following contracts:

- contracts for the supply of goods made to the consumer's specifications or clearly personalized ;

- contracts for the supply of goods likely to deteriorate or expire rapidly ;

- contracts for the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection ;

- contracts for the supply of goods which, after delivery and by their nature, are inseparably mixed with other items.

Article 18 - LIABILITY - FORCE MAJEURE

The Customer is responsible for the use made of the Product.

The Seller shall not be held responsible for any negligence on the part of the Customer or a third party, for the deterioration or modification of the Product, for the placement of the Product in a place unsuitable for its conservation..

The Parties may not be held liable for failure to perform their contractual obligations if they have been prevented from doing so by the occurrence of a case of force majeure as defined in article 1218 of the French Civil Code and by case law.

Initially, cases of force majeure will suspend performance of the contract.

The parties will meet to examine the impact of the case of force majeure and agree on the conditions under which performance of the contract may be continued. If the case of force majeure lasts longer than three months, the contract may be terminated by either party by registered letter with acknowledgement of receipt.

Article 19 - INTELLECTUAL PROPERTY

The content of the Site remains the property of the seller, who alone holds the intellectual property rights to its content.

Customers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

Any total or partial reproduction, downloading, modification or use of the trademark, illustrations, images and logotypes, drawings and models for any reason and on any medium whatsoever, without the express prior written consent of the Vendor, is strictly prohibited.

Article 20 - PARTIAL NON-VALIDATION

If one or more stipulations of these general terms and conditions are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain all their force and scope insofar as the general scheme of the contract can be safeguarded.

Article 21 - NO WAIVER

The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these general terms and conditions shall not be interpreted for the future as a waiver of the obligation in question.

Article 22 - TITLE

In the event of any 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 23 - LANGUAGE OF THE CONTRACT

These terms and conditions are written in French. Should they be translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.

ARTICLE 24: APPLICABLE LAW AND DISPUTE RESOLUTION :

CONSUMER MEDIATION:

In the event of an unresolved dispute between the Professional and the Consumer, the Consumer may refer the matter to the Consumer Mediator. Before referring the matter to the Consumer Mediator, the Consumer must have already attempted to resolve the dispute directly with the Professional by means of a written complaint, or have made a complaint in accordance with the terms of the contract concluded with the Professional.

Consumer mediation is an out-of-court settlement of consumer disputes.

The designated mediator is :

Sas Médiation Solution

222, chemin de la Bergerie 01800 Saint Jean de Niost

Tel. 04 82 53 93 06

Website: https://www.sasmediationsolution-conso.fr

Important : Never send defective, disputed or refundable items to the Consumer Ombudsman. Never send original documents to the Consumer Ombudsman. Please make photocopies

It will not be possible to bring an action before a competent court on the merits during the mediation procedure.

If the mediation procedure fails, and only after it has been completed, the parties may refer their dispute to the competent French courts.

APPLICABLE LAW AND JURISDICTION

These terms and conditions are governed by French law. In the event of persistent disagreement concerning these terms and conditions, and in the absence of amicable agreement, any dispute will be referred to the competent French courts.

ARTICLE 25: DATA PROTECTION :

CAVES CARRIÈRE collects the Customer's personal data for the purposes of creating an account and placing orders. The Customer undertakes to provide accurate information and to keep it up to date.

If this is not the case, the Customer will be solely responsible for this omission and CAVE CARRIÈRE will not be held liable if the Member is unaware of a privileged event to which he/she would have liked to attend).

The personal data collected by CAVES CARRIÈRE will be limited to those exclusively necessary for the following purposes

The collection and storage of this data is carried out in accordance with the legal and regulatory provisions relating to personal data in force, and in particular the French Data Protection Act no. 78-17 of January 6, 1978 and the General Data Protection Regulation.

CAVES CARRIÈRE reserves the right to use this data for advertising and marketing purposes, and to send out newsletters, provided that the Customer has consented to this and can withdraw consent at any time or unsubscribe from the newsletter or canvassing.

All personal data collected by CAVES CARRIÈRE is kept for as long as the customer's account is active.

In the event of deletion of the account, CAVES CARRIÈRE will retain the personal data transmitted for a period of two years from the date of the request for deletion.

The customer has a right of access, rectification, opposition and portability of the data provided.

Members wishing to exercise the aforementioned rights may contact the CAVES CARRIÈRE data controller at the following e-mail address communication@caves-carriere.fr or at the following postal address 12 rue de Skopje 21000 Dijon.

CAVES CARRIÈRE's personal data protection policy is available on the website at the following address:https://www.caves-carriere.fr/en/content/6-protection-des-donnees

Withdrawal form
(Please complete and return this form only if you wish to withdraw from the contract)

- Attention Caves Carrière, 12 rue de Skopje, 21000 Dijon, France. By email to boutique@caves-carriere.fr

• I/We (*) hereby give you/us (*) notice of my/our (*) withdrawal from the contract for the sale of the following goods (*)

• Ordered on (*) / received on (*)

• Name of consumer(s)

• Address of consumer(s)

• Signature of consumer(s) (only in the case of notification of this form on paper)

• Date

(*) Delete as appropriate.

In order for the withdrawal period to be respected, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the expiration of the withdrawal period. You must bear the direct cost of returning the goods.

Appendix - Text reminder

Code de la Consommation - Warranty of conformity provisions

Article L. 217-3: The seller delivers a property that conforms to the contract and to the criteria set out in article L. 217-5.

He is liable for defects in conformity existing at the time of delivery of the goods within the meaning of Article L. 216-1, which appear within two years of delivery.

In the case of a contract for the sale of goods containing digital elements :

1° Where the contract provides for the continuous supply of digital content or a digital service for a period of two years or less, or where the contract does not specify the duration of supply, the seller is liable for any lack of conformity of the digital content or digital service that appears within two years of delivery of the goods;

2° Where the contract provides for the continuous supply of digital content or a digital service for a period of more than two years, the seller is liable for any lack of conformity of the digital content or digital service that appears during the period in which it is supplied under the contract.

For such goods, the applicable deadline does not deprive the consumer of his right to updates in accordance with the provisions of article L. 217-19.

The seller shall also be liable, within the same time limits, for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was made his responsibility by the contract or was carried out under his responsibility, or when the incorrect installation, carried out by the consumer as provided for in the contract, is due to shortcomings or errors in the installation instructions supplied by the seller.

This warranty period applies without prejudice to articles 2224 et seq. of the French Civil Code. The starting point of the limitation period for the consumer's action is the day on which the consumer becomes aware of the lack of conformity.

Article L. 217-4: The good conforms to the contract if it meets the following criteria:

1° It corresponds to the description, type, quantity and quality, in particular as regards functionality, compatibility, interoperability or any other characteristic specified in the contract;

2° It is fit for any special purpose intended by the consumer, made known to the seller at the latest at the time of the conclusion of the contract and accepted by the latter;

3° It is delivered with all accessories and installation instructions, to be supplied in accordance with the contract;

4° It is updated in accordance with the contract.

Article L. 217-5 : I.- In addition to the criteria of conformity to the contract, the good is in conformity if it meets the following criteria:

1° It is fit for the use normally expected of goods of the same type, taking into account, where applicable, any provisions of European Union law and national law as well as any technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;

2° Where applicable, it possesses the qualities that the seller presented to the consumer in the form of a sample or model before the conclusion of the contract;

3° Where applicable, the digital elements it contains are provided according to the most recent version available at the time the contract is concluded, unless the parties agree otherwise;

4° If applicable, it is delivered with all accessories, including packaging, and installation instructions that the consumer can legitimately expect;

5° Where applicable, it is supplied with updates that the consumer may legitimately expect, in accordance with the provisions of article L. 217-19 ;

6° It corresponds to the quantity, quality and other characteristics, including durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, taking into account the nature of the good as well as public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labelling.

II - However, the seller is not bound by any of the public declarations mentioned in the preceding paragraph if he demonstrates :

1° That he did not know them and was not legitimately in a position to know them;

2° That at the time the contract was concluded, the public declarations had been rectified in conditions comparable to the initial declarations; or

3° That the public statements could not have influenced the purchase decision.

III - The consumer may not contest conformity by invoking a defect concerning one or more particular characteristics of the good, which he has been specifically informed deviate from the conformity criteria set out in this article, Difference to which he has expressly and separately consented on conclusion of the contract.

Article L. 217-6 : Where, on the occasion of the contract, personal data processing is carried out by the professional, a failure on his part to comply with his obligations under Regulation (EU) 2016/679 of April 27, 2016 and Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms, where such failure results in non-compliance with one or more of the compliance criteria set out in this section, shall be treated as a failure to comply, without prejudice to the other remedies provided for by these texts.

Article L. 217-7 Defects of conformity which appear within 24 months of delivery of the goods, including goods containing digital elements, are, in the absence of proof to the contrary, presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the goods or of the defect claimed.

For used goods, this period is twelve months.

Where the contract for the sale of goods with digital components provides for the continuous supply of digital content or a digital service, any lack of conformity that appears at the time of delivery of the goods is presumed to exist:

1° For a period of two years from the delivery of the goods, when the contract provides for this supply for a period less than or equal to two years or when the contract does not specify the duration of supply;

2° During the period in which the digital content or service is provided under the contract, where the contract provides for such provision for a period of more than two years.

Article L. 217-8 : In the event of lack of conformity, the consumer has the right to have the goods repaired or replaced or, failing that, to have the price reduced or the contract rescinded, under the conditions set out in this sub-section.

The consumer also has the right to suspend payment of all or part of the price or delivery of the benefit provided for in the contract until the seller has fulfilled its obligations under this chapter, in accordance with articles 1219 and 1220 of the French Civil Code.

The provisions of this chapter are without prejudice to the award of damages.

Article L. 217-9 : The consumer is entitled to demand that the goods be brought into conformity with the criteria set out in sub-section 1 of this section.

The consumer asks the seller to bring the good into conformity, choosing between repair and replacement. To this end, the consumer makes the good available to the seller.

Article L. 217-10 : The goods must be brought into conformity within a reasonable period of time, which may not exceed thirty days following the consumer's request and without any major inconvenience to the consumer, taking into account the nature of the goods and their intended use.

Repair or replacement of non-conforming goods includes, where applicable, removal and return of the goods and installation of the repaired or replacement goods by the seller.

A decree specifies the terms and conditions for bringing the property into compliance.

Article L. 217-11 : The goods are brought into conformity at no cost to the consumer.

The consumer is not obliged to pay for the normal use made of the replaced good during the period prior to its replacement.

Article L. 217-12 : The seller may not proceed according to the choice made by the consumer if the requested compliance is impossible or would entail disproportionate costs, particularly with regard to :

1° The value that the good would have had in the absence of the lack of conformity ;

2° The extent of the lack of conformity; and

3° The possibility of opting for the other choice without major inconvenience for the consumer.

The seller may refuse to bring the property into compliance if this is impossible or would entail disproportionate costs, particularly with regard to 1° and 2°.

If these conditions are not respected, the consumer may, after formal notice, pursue the forced execution in kind of the solution initially requested, in accordance with articles 1221 et seq. of the French Civil Code.

Any refusal by the seller to proceed according to the consumer's choice or to bring the goods into conformity shall be justified in writing or on a durable medium.

Article L. 217-13 : Any goods repaired under the legal warranty of conformity benefit from a six-month extension of this warranty.

If the consumer chooses repair, but this is not carried out by the seller, bringing the goods into conformity by replacing them starts a new period of legal warranty of conformity for the replaced goods. This provision applies from the day the replacement item is delivered to the consumer.

Article L. 217-14 : The consumer is entitled to a reduction in the price of the goods or to rescission of the contract in the following cases:

1° When the professional refuses to comply ;

2° When compliance is not achieved within thirty days of the consumer's request or if it causes him a major inconvenience;

3° If the consumer definitively bears the cost of taking back or removing the non-conforming good, or if he bears the installation of the repaired or replacement good or the related costs;

4° When the non-conformity of the property persists despite the seller's unsuccessful attempt to bring it into conformity.

The consumer is also entitled to a reduction in the price of the goods, or to rescission of the contract, if the lack of conformity is so serious as to justify immediate price reduction or rescission of the contract. In such cases, the consumer is not obliged to request repair or replacement of the goods beforehand.

The consumer does not have the right to rescind the sale if the lack of conformity is minor, which it is up to the seller to demonstrate. This paragraph does not apply to contracts in which the consumer does not pay a price.

Article L. 217-15 : In the cases provided for in article L. 217-14, the consumer informs the seller of his decision to obtain a reduction in the price of the goods.

The price reduction is proportional to the difference between the value of the good delivered and the value of this good in the absence of the lack of conformity.

Article L.217-16 : In the cases provided for in article L. 217-14, the consumer informs the seller of his decision to cancel the contract. The consumer returns the goods to the seller at the latter's expense. The seller reimburses the consumer for the price paid and returns any other benefits received under the contract.

If the lack of conformity relates only to certain goods delivered under the contract of sale, the consumer has the right to rescind the contract in respect of all the goods, even those not covered by this chapter, if he cannot reasonably be expected to agree to keep only the conforming goods.

For contracts mentioned in II of article L. 217-1, providing for the sale of goods and, on an ancillary basis, the supply of services not covered by this chapter, the consumer has the right to rescind the entire contract. Furthermore, in the case of a bundled offer within the meaning of article L. 224-42-2, the consumer has the right to rescind all related contracts.

The respective obligations of the parties to the contract, mentioned in article L. 224-25-22 and relating to the consequences of rescission for digital content and digital services, are applicable to the rescission of a contract for the sale of goods containing digital elements.

Article L. 217-17 : The reimbursement to the consumer of the sums owed by the seller under this sub-section shall be made upon receipt of the goods or proof of their return by the consumer and at the latest within the following fourteen days.

The seller shall reimburse these sums using the same means of payment as the one used by the consumer to conclude the contract, unless the latter expressly agrees otherwise and in any event at no additional cost.

Civil Code - Provisions on the warranty against latent defects

Article 1641: "The seller is liable for any hidden defects in the item sold which render it unsuitable for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, had he been aware of them"

Article 1648: "The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. In the case provided for in article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller can be discharged of the apparent "defects" or "lack of conformity".