General terms and conditions

PREAMBLE

These General Terms and Conditions of Sale (hereinafter "GTC") define the terms and conditions under which any natural person with consumer status (hereinafter "the Customer") orders and purchases products sold by Méert Tradition SAS, a company with capital of €200,000, whose registered office is located at 27, rue Esquermoise, 59000 Lille, registered with the Lille Metropolitan Trade and Companies Register under number 384 164 342 (hereinafter "Méert"), as part of an online distance selling system, for goods sold on the website www.meert.fr (hereinafter "the Site").

1. Definitions

The terms used below have the following meanings in these General Terms and Conditions:

"Customer" means Méert's contracting party, who guarantees that they are a consumer as defined by French law and case law. As such, it is expressly provided that the Customer is a natural person acting for purposes that are outside their commercial, industrial, craft, professional, or agricultural activities.

"Order": means the purchase of Products by a Customer on the Site.

"Account": means the space dedicated to the Customer, associated with all the data provided by the Customer, hosted on the Site. Access to the Account is via the Customer's Login Information.

"Login Information": refers to the email address or username chosen during registration and the password chosen by the Customer, required to access their Account on the Website.

"Delivery": refers to the initial delivery of the Products ordered by the Customer to the delivery address indicated during the Order.

"Products": refers to all Products sold by the Seller on the Website.

"Site": refers to the Seller's website accessible at the following address: www.meert.fr

"Territory": refers to the European Union, Switzerland, and the Principalities of Andorra and Monaco.

2. Application and enforceability of the general terms and conditions of sale

The Customer undertakes to read these General Terms and Conditions of Sale carefully and expressly accept them before proceeding with payment for an Order for Products placed on the Site.

The General Terms and Conditions of Sale are referenced at the bottom of each page of the Site via a link accessible at the following address https://www.meert.fr/en/content/3-general-terms-and-conditions and must be consulted before placing an Order. The Customer is invited to carefully read, download, and print the General Terms and Conditions of Sale, and keep a copy.

Méert advises the Customer to read the General Terms and Conditions of Sale with each new Order, as the latest version of said General Terms and Conditions applies to all new Product Orders.

By clicking the "Add to Cart" button to place the Order, followed by the second "Confirm Order" button to confirm the Order, the Customer acknowledges having read, understood, and accepted the General Terms and Conditions without limitation or condition.

No special conditions or other general terms and conditions emanating from the Customer may, without the express consent of Méert, prevail over these terms and conditions.

3. Characteristics of the Goods Offered

The products offered to the Customer are those listed on the Website, subject to availability and the proper functioning of the Website and/or mobile application.

Each product is presented with a photograph and a description prepared by Méert. The descriptions are intended to present the essential characteristics of the products to the Customer before the final order is placed and Méert cannot in any way engage the liability of Méert. The product photographs are provided for informational purposes only and are not contractually binding.

Under no circumstances may changes to the composition or presentation of the products offered be requested.

4. Ordering and Confirmation

To purchase a Product, the Customer must be at least eighteen (18) years old and/or have legal capacity and be a consumer.

To purchase a Product on the Site, the Customer must be registered and logged in to their Account.

4.1. Registration Procedure

All Customers may register during their first visit to the Site to create an Account. Customer registration on the Site is free.

Any incomplete registration will not be validated, which the Customer acknowledges and accepts.

The information the Customer provides to Méert during registration must be complete, accurate, up-to-date, truthful, and not misleading. Méert reserves the right to ask the Customer to confirm, by any appropriate means, their identity, eligibility, and the information provided.

Customers are informed and accept that the information entered to create or update their Account constitutes proof of their identity. The information entered by Customers becomes binding upon validation.

The Customer undertakes to promptly update this information in their Account in the event of any changes, so that it always meets the aforementioned criteria.

Registration by a Customer automatically results in the opening of an Account in their name, from which they can track their Orders and update their personal information.

The email address and password constitute the Customer's Login Information.

The Customer may log in to their Account to change their password. The Customer is recommended to change their password regularly.

Customers can access their Account at any time after logging in using their Login Details.

Méert undertakes to securely store all contractual documents required by applicable law or regulations.

4.2. Login Management

The Client shall be solely responsible for the use of their Login Information or for actions taken through their Account.

In the event that a Client discloses or uses their Login Information in a manner contrary to their intended purpose, Méert may terminate access to the Account without notice or compensation.

Under no circumstances shall Méert be held liable for any identity theft of a Client. Any access and actions performed from a Customer's Account will be presumed to have been performed by that Customer, as Méert is not obligated or has the technical means to verify the identity of those with access to the Account.

Any loss, misappropriation, or unauthorized use of a Customer's Login Information and its consequences are the sole responsibility of the Customer, who is required to notify Méert immediately by email to the following address: contact@meert.fr

4.3. Unsubscribe

The Customer may close their Account at any time by sending an email to contact@meert.fr

Méert will deactivate the Account as soon as possible and send the Customer an email confirming the closure.

In the event of pending Orders, these must be paid for by the Customer and delivered by Méert.

4.4. Product Characteristics

Méert undertakes to present the essential characteristics of the Products and the mandatory information that the Customer must receive under French law in a clear, legible, and understandable manner, and to verify their accuracy.

These characteristics and information appear on the product sheets on the Site.

These sheets contain, in particular, the description and price of the Product.

The Customer undertakes to read this information carefully before placing an Order on the Site.

All Products sold by Méert on the Site comply with current European legislation and the standards applicable in France.

4.5. Ordering Procedure

Product Orders are placed directly on the Website. To place an Order, the Customer must follow the steps described below (depending on the Customer's home page, the steps may vary slightly).

The Customer must select the Product(s) of their choice by clicking on the relevant Product(s) and choosing the desired quantities. Once the Product is selected, it is placed in the Customer's shopping cart. The latter can then add as many Products as they wish to their cart.

Once the Products have been selected and placed in their cart, the Customer must click on the cart and verify that the contents of their Order are correct (including the quantity, characteristics, and references of the Products ordered, the collection date and time, the billing address, the payment method, and the price) before confirming its contents.

Once the Customer has confirmed the contents of the cart and logged in/registered, an automatically completed online form will be displayed, summarizing the price, applicable taxes, and delivery costs.

The Customer can then proceed to pay for the Products using the chosen payment method, following the instructions on the Website, and providing all the information necessary for billing and delivery of the Products.

Orders placed must include all the information necessary for the Order to be properly processed.

Once all the steps described above are completed, a page appears on the Site to acknowledge receipt of the Customer's Order.

A copy of the Order acknowledgment is automatically sent to the Customer by email, provided that the email address provided via the registration form is correct.

It is specified that the Order summary and the confirmation email may be kept and printed by the Customer.

During the Order process, the Customer must enter the information required for invoicing (the asterisk (*) indicates mandatory fields that must be completed for the Customer's Order to be processed by the Seller).

The Customer must clearly indicate all information relating to Delivery, in particular the exact Delivery address, as well as any access code to the Delivery address.

The Customer must also specify the chosen payment method.

Neither the order form that the Customer creates online nor The Order acknowledgment sent to the Customer by email does not constitute an invoice.

The Order date is the date on which Méert acknowledges receipt of the Order online. The deadlines indicated on the Website only begin to run from this date.

Any changes to the order made by the Customer may only be taken into account by Méert within the limits of its capabilities and provided that they are notified by email at least 72 hours before the date and time scheduled for the order to be made available.

In the event that these changes cannot be accepted by Méert, the amount paid by the Customer will be refunded within a maximum of 7 days.

5. Prices

Product prices are net and inclusive of VAT. Prices are guaranteed while stocks last and subject to change in VAT rates. Prices are expressed in euros.

Shipping of products is charged in addition to the price of the goods, depending on the destination of the goods.

Applicable delivery costs depend on the delivery address, the carrier, or the chosen shipping method.

The prices indicated on the Website are subject to change. They may also be modified in the event of special offers or sales.

The applicable price is the one indicated on the Website on the date the Order is placed by the Customer.

Some pastries cannot be shipped because they are too fragile, but they are available for collection from our store in Lille, rue Esquermoise.

6. Payment Methods

Payment for products is made exclusively by VISA, MASTERCARD, and AMERICAN EXPRESS credit card, online from the Website, via our secure payment system. Card payment validation is immediate.

To be registered, the order must be paid in full. Unpaid orders cannot be prepared.

The numbers on your credit card are never in our possession; they are entered on our service provider's secure server. Indeed, our service provider uses the most stringent security standards on the market, such as 128-bit SSL 3.0 encryption techniques.

After payment, a summary of the order and various information specific to the order (order number, date and time of collection) is sent by email to the Customer. This document serves as proof of purchase upon in-store pickup.

The invoice for the order is available in the Customer Area. Any contract entered into with the Customer for an Order exceeding €120 including VAT will be archived by Méert for a period of ten (10) years in accordance with Article L. 213-1 of the French Consumer Code.

Méert agrees to archive this information in order to track transactions and produce a copy of the contract at the Customer's request.

In the event of a dispute, Méert will have the opportunity to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.

7. Order Collection

All products sold on the Meert.fr website can be collected in-store.

Méert offers the Customer the option to collect orders from the following stores:

• 27 Rue Esquermoise in Lille
• Corner Méert at the Piscine de Roubaix, at 23 rue de l'Espérance in Roubaix
• 16 rue Elzévir 75003 Paris
• 9 Rue Debelleyme 75003 Paris

during the store's opening hours. The Customer agrees to collect their order on the day and during the time slot they have chosen from those offered on the website, excluding any other options. The Customer may also arrange for a third party to collect their order.

The order may only be delivered to the Customer using the order number assigned to them. Given the perishable nature of the products, Méert cannot be held responsible for any loss of quality resulting from an order collected late. Furthermore, any order not collected by the Customer on the chosen collection day will be destroyed and will not be eligible for any refund or compensation.

Any order placed before 5:00 PM on the "D" day will be available in store the following day (D+1). Collection is not possible on the D-day of the order.

8. Product Delivery

Delivery Methods:

Depending on the products ordered, the Customer can choose from the following delivery methods:

• Home Delivery
• Express Courier Delivery

8.1 – Home Delivery by Carrier

Home deliveries are handled by Colissimo or Chronopost.

Product delivery is charged in addition to the price of the goods, depending on the destination of the goods. Free shipping will be applied and specified on the Website depending on the chosen shipping method.

Orders received online after payment acceptance are prepared and shipped the same day for all orders placed before 12:00 p.m., and the next day for orders placed after 12:00 p.m. (except weekends and public holidays). Orders placed on the website from Friday after 12 p.m. until Monday at 12 p.m. are delivered on Monday.

Colissimo delivery times are as follows:

Delivery to mainland France, the Principalities of Andorra, and Monaco:

• 24 to 72 hours from dispatch*, Monday to Friday

Delivery to Europe and Switzerland:

• 48 to 72 hours from dispatch*, Monday to Friday
  * Average delivery time observed

Chronopost delivery times are as follows:

Delivery to Metropolitan France, Principalities of Andorra and Monaco:

• 24 to 48 hours from dispatch*, Monday to Friday

*Orders placed on Friday before 12 p.m. will be dispatched the following Monday. No Saturday deliveries.

These delivery times are provided for informational purposes only and depend on the carrier chosen.

Delivery is made to your home. In case of absence, a delivery note will be left. Méert strongly recommends that the Customer provide as much information as possible when placing their order so that they can be contacted quickly in the event of a delivery problem (Home Phone Number, Mobile Phone Number, Office Phone Number, etc.).

We cannot be held responsible for any damage to the products that may occur if the package is opened during transit, nor if the recipient is absent when the package is dropped off.

We cannot be held responsible if the package cannot be delivered due to a natural disaster or force majeure.

8.2 – Express Courier Delivery

All products sold on the Meert.fr website can be delivered by courier.

Courier delivery times are as follows:

Orders placed Monday to Friday before 5:00 p.m.: delivery from the following day between 10:00 a.m. and 6:00 p.m. (except Sundays and Mondays).

Orders placed on Saturday or Sunday before 5:00 p.m.: delivery from the following Tuesday.

The Customer will have the option to pre-select a 2-hour time slot (10:00 a.m./12:00 p.m. – 12:00 p.m./2:00 p.m. – 2:00 p.m./4:00 p.m. – 4:00 p.m./6:00 p.m.). After confirming the order, the Customer will receive a call from the courier delivery service to confirm the chosen time slot. Méert reserves the right to offer another time slot depending on the courier's availability.

The following cities are eligible for courier delivery:

• Inner Lille (€10 incl. VAT), free for orders over €100 incl. VAT
• Inner suburbs (€20 incl. VAT), free for orders over €150 incl. VAT: Bondues, Croix, Capinghem, Fâches-Thumesnil, Hellemmes, Hem, La Madeleine, Lambersart, Lezennes, Lomme, Lompret, Loos, Marcq en Baroeul, Marquette, Mons en Baroeul, Mouvaux, Premesques, Ronchin, Roubaix, Saint-André, Sequedin, Tourcoing, Villeneuve d'Ascq, Wambrechies, Wasquehal, Wattignies.
• Inner Paris Muros.

Given the perishable nature of the products, Méert cannot be held responsible for any loss of quality of an order if the customer is absent at the time of delivery. Furthermore, any order that cannot be delivered to the customer on the day and within the specified time slot will be destroyed and will not be eligible for any refund or compensation.

Méert cannot be held responsible for preventing the delivery of an order in the event of a natural disaster or force majeure.

8.3 – Delivery Problems

In the event of a failure by the professional to fulfill their delivery obligation, the Customer may invoke Article L. 216-6 of the French Consumer Code, which provides for the following:

• To notify the suspension of payment of all or part of the price until the professional performs, under the conditions of Articles 1219 and 1220 of the French Civil Code;
• To terminate the contract if, after giving formal notice to the professional to deliver within a reasonable additional period, the latter fails to do so. has not performed within this period.

The contract is considered terminated upon receipt by Méert of the letter or written document informing it of this termination, unless Méert has performed in the meantime.

The Client may immediately terminate the contract:

• When the professional refuses to deliver the Product or when it is clear that they will not deliver the goods;
• When the professional fails to fulfill their obligation to deliver the Product on the date or at the end of the period provided for in Article L. 216-1 of the French Consumer Code, and this date or period constitutes an essential condition of the contract for the Customer. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request from the Customer prior to the conclusion of the contract.

When the contract is terminated under the aforementioned conditions, Méert will reimburse the Customer for all amounts paid, at the latest within fourteen (14) days following the date on which the contract was terminated.

9. Proof

Méert, via its AWS hosting service, stores purchase orders and invoices in its computer systems under reasonable security conditions.

Consequently, AWS's computerized records constitute a reliable and durable medium that can be produced as evidence.

10. Right of Withdrawal

The 14-day withdrawal period does not apply to contracts for the supply of perishable or agri-food products, such as the goods sold by Méert. Therefore, the Customer may not rely on this right.

The right of withdrawal is excluded for the following products:

• Products made to the consumer's specifications or clearly personalized;
• Products likely to expire quickly or deteriorate rapidly;
• Products that you have unsealed after delivery and which cannot be returned for reasons of hygiene or health protection;
• Products which, after delivery and by their nature, are inseparably mixed with other items.

11. Out of Stock (Supply)

Méert products are handcrafted and are available while stocks last.

If unable to supply the requested products, Méert will contact the Customer by telephone to offer:

• Extending the order date to the product's restocking date, when possible. Replacing the missing product with a product of equivalent quality and price.

Méert products are handcrafted and are available in limited quantities. Given the high volume of orders during the holiday season, orders placed during these periods may be subject to a greater risk of stockouts compared to those placed during the rest of the year.

An oversight or error in the preparation of the order will only result in a refund for the missing product(s), excluding any other compensation or deduction.

12. Complaints and Refunds

When collecting their order, the Customer is responsible for ensuring its conformity. Any reservations or complaints regarding non-conformity or apparent defects in the products must be made at the time of collection to be taken into account.

No reservations may be made by the Customer regarding criteria relating to the taste, freshness, or appearance of the products.

In the event of non-conformity or apparent defects in the products, the Customer must state specific, dated, and signed reservations on the order form. Méert undertakes to replace, as quickly as possible and at its own expense, any products whose apparent defects or lack of conformity have been duly proven by the Customer.

13. Product Warranty

Méert guarantees to the Customer that its products are manufactured and packaged according to strict quality standards and stored in accordance with the standards in force in France.

However, Méert cannot extend its warranty on its products if the Customer has not observed optimal storage conditions, or if the Customer has consumed products beyond the best-before date indicated on the packaging.

The best-before date (UBD) of our products is indicated under each box or package. To best enjoy the products ordered, we recommend choosing the collection date closest to your use-by date.

The Customer benefits from the legal guarantees for all Products, which are detailed below, in accordance with Article L. 221-5 of the French Consumer Code:

The consumer has two years from delivery of the goods to obtain the legal guarantee of conformity in the event of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared.

The legal guarantee of conformity requires the professional, where applicable, to provide all necessary updates to maintain the conformity of the goods.

The legal guarantee of conformity entitles the consumer to have the goods repaired or replaced within thirty days of their request, free of charge and without significant inconvenience.

If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial warranty.

If the consumer requests the repair of the goods, but the seller imposes a replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement.

The consumer may obtain a reduction in the purchase price by keeping the goods or terminate the contract by receiving a full refund upon return of the goods, if :

1. The professional refuses to repair or replace the goods;
2. The repair or replacement of the goods occurs after a period of thirty days;
3. The repair or replacement of the goods causes a major inconvenience to the consumer, particularly when the consumer permanently bears the costs of taking back or removing the non-compliant goods, or if he bears the costs of installing the repaired or replaced goods;
4. The non-compliance of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.

The consumer also has the right to a reduction in the price of the good or to terminate the contract when the lack of conformity is so serious that it justifies immediate price reduction or termination of the contract. The consumer is then not required to request the repair or replacement of the good beforehand.

The consumer is not entitled to cancel the sale if the lack of conformity is minor.

Any period of immobilization of the good for the purpose of repair or replacement suspends the remaining warranty until delivery of the repaired good.

The above-mentioned rights result from the application of Articles L. 217-1 to L. 217-32 of the French Consumer Code. Articles L 217-3 to L 217-17 are reproduced in the appendix.

A seller who, in bad faith, obstructs the implementation of the legal guarantee of conformity is liable to a civil fine of up to €300,000, which may be increased to 10% of average annual turnover (Article L. 241-5 of the French Consumer Code).

The consumer also benefits from the legal guarantee against hidden defects pursuant to Articles 1641 to 1649 of the French Civil Code, reproduced in the appendix, for a period of two years from the discovery of the defect. This guarantee entitles you to a price reduction if the item is kept or to a full refund upon return of the item.

Méert shall not be liable under any circumstances for non-performance or improper performance of contractual obligations attributable to the Customer, particularly when placing their Order.

Méert shall not be held liable, or considered to have failed hereunder, for any delay or non-performance of any of its obligations described in these General Terms and Conditions, when the cause of the delay or non-performance is related to a case of force majeure as defined by the case law of the French courts and tribunals.

It is further specified that Méert does not control the websites that are directly or indirectly linked to the Site. Consequently, it excludes all liability for the information published there. Links to third-party websites are provided for informational purposes only, and no guarantee is provided regarding their content.

14. Intellectual Property

All elements of the Site (photographs, illustrations, pictograms, and descriptions, logo, trademark) are and remain the exclusive intellectual property of Méert.

The reproduction, representation, exploitation, redistribution, or use for any purpose whatsoever, even partially, of the elements of the Site, whether software, visual, or audio, is subject to the express prior authorization of Méert, the holder of all intellectual property rights.

15. Protection of Personal Data

Méert collects personal data concerning its Customers on the Website for the purposes of managing information requests, managing and monitoring Accounts and contracts, managing Product Orders and Deliveries, managing payments, ensuring the proper functioning and ongoing improvement of the Website, managing requests for rights under the GDPR, and, if the Customer has expressly chosen this option, sending them newsletters and commercial offers, unless the Customer no longer wishes to receive such communications from Méert.

In this regard, the Customer is invited to consult Méert's Privacy Policy, available at the following address: https://www.meert.fr/en/content/30-politique-de-confidentialite-des-donnees-personnelles, which will provide them with more information. Further information regarding the protection of personal data, processing carried out via the Site, and the terms and conditions for exercising rights.

16. Severability of Clauses

If any of these general terms and conditions should be declared inapplicable or invalid for any reason, this invalidity will not affect the application or validity of the other provisions of the general terms and conditions; the invalidated or inapplicable provision will then be replaced by the closest possible provision.

17. Force Majeure

Neither Méert nor the Client shall be held liable for any failure, non-performance, or delay in the performance of any of its obligations described in these General Terms and Conditions that is caused by a case of force majeure.

In this respect, force majeure means any external, unforeseeable, and irresistible event within the meaning of Article 1148 of the Civil Code. Expressly, the following are considered to be cases of force majeure or fortuitous events, in addition to those usually recognized by the case law of French courts and tribunals: total or partial strikes, lockouts, riots, civil unrest, insurrection, war, bad weather, epidemics, blockages of means of transport or supplies for any reason whatsoever, earthquakes, fires, storms, floods, water damage, governmental or legal restrictions, legal or regulatory changes to forms of marketing, computer breakdowns, blockages of telecommunications, including telecommunications networks, any questioning of the mathematical foundations governing the theory of cryptographic algorithms used for public key infrastructures and any other case beyond the control of the parties preventing the normal execution of the contract.

18. Applicable Law

These online T&Cs are subject to French law.

In the event that a dispute arises from this contractual relationship, the parties undertake, before any legal action, to seek an amicable solution. The customer is then invited to contact our customer service by mail:

MEERT TRADITION Company
27, rue Esquermoise 59000 Lille

In accordance with Article L.612-1 of the French Consumer Code, the customer is informed that, in the event of a dispute, they may resort to a conventional mediation procedure or any other alternative dispute resolution method.

In accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes, the Seller adheres to the mediation service of the Consumer Mediation Center of Justice Conciliators (CM2C), whose contact details are as follows: 14 rue Saint-Jean - 75017 Paris.

After a preliminary written approach to the professional, the CM2C can be contacted either:

• Online, by clicking on the following link: https://www.cm2c.net/declarer-un-litige.php and by completing the form along with supporting documents,
• By mail, to the address indicated above,
• By email to the following address: cm2c@cm2c.net.

In addition, the European Commission has set up a dispute resolution platform to collect any consumer complaints following an online purchase and then forward them to the competent national mediators. This platform can be accessed by clicking on the following link: http://ec.europa.eu/consumers/odr/

In the event of legal action, the plaintiff may choose, in addition to the court of the defendant's place of residence:

• in contractual matters, the court of the place of actual delivery of the goods or the place of performance of the service;
• in tort matters, the court of the place of the harmful act or the court within whose jurisdiction the damage was suffered;

19. Prohibitions

The customer must not, under any circumstances, resell products intended for their own personal use or that of the person to whom their order is addressed.

Thank you for using www.meert.fr

APPENDIX 1 - Legal Guarantee of Conformity (reproduction of Articles L 217-3 to L 217-17 of the French Consumer Code (Amended by Ordinance No. 2021-1247 of September 29, 2021)

Article L 217-3:

The seller delivers goods that comply with the contract and the criteria set out in Article L. 217-5.

The seller is liable for any lack of conformity existing at the time of delivery of the goods within the meaning of Article L. 216-1, which appears in a two-year period from the date of the warranty (...)

The seller is also liable, during the same periods, for defects in conformity resulting from packaging, assembly instructions, or installation when this was the responsibility of the seller under the contract or was carried out under the seller's responsibility, or when incorrect installation, carried out by the consumer as stipulated in the contract, is due to deficiencies or errors in the installation instructions provided by the seller.

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

Article L217-4:

The good is in conformity with the contract if it meets, in particular, the following criteria, where applicable:

1. It corresponds to the description, type, quantity, and quality, particularly with regard to functionality, compatibility, interoperability, or any other characteristic stipulated in the contract;
2. It is suitable for any special use sought by the consumer, made known to the seller at the latest at the time of conclusion of the contract, and accepted by the latter;
3. It is delivered with all accessories and installation instructions, which must be provided in accordance with the contract;
4. It is updated in accordance with the contract.

Article L217-5:

I.-In addition to the criteria of conformity with 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 and national law, as well as all 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, it is delivered with all accessories, including packaging, and installation instructions that the consumer can legitimately expect (...);
4. 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 goods and the public statements made by the seller, by any person upstream in the transaction chain, or by a person acting on their behalf, including in advertising or on labeling.

II.-However, the seller is not bound by any public statements referred to in the preceding paragraph if he demonstrates:

1. That he was not aware of them and was not legitimately in a position to be aware of them;
2. That at the time the contract was concluded, the public statements had been rectified under conditions comparable to the initial declarations; or
3. That the public statements could not have influenced the purchasing decision.

III.- The consumer may not contest conformity by invoking a defect concerning one or more particular characteristics of the goods, which he or she was specifically informed deviated from the conformity criteria set out in this article, a deviation to which he or she expressly and separately consented when entering into the contract.

Article L217-6:

"When, during the contract, personal data is processed by the professional, a breach on his or her part of the obligations incumbent upon him or her under Regulation (EU) 2016/679 of April 27, 2016, and Law No. 78-17 of January 6, 1978, relating to information technology, data files, and civil liberties, provided that this breach results in non-compliance with one or more of the following: several compliance criteria set out in this section, is considered a lack of compliance, without prejudice to other remedies provided for by these texts.

Article L217-7:

"Lack of conformity that appears within twenty-four months of delivery of the goods, including goods containing digital elements, shall, unless proven otherwise, be presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the goods or the alleged defect (...)."

Article L217-8:

"In the event of a lack of conformity, the consumer has the right to have the goods brought into conformity by repair or replacement or, failing that, to a price reduction or termination of the contract, under the conditions set out in this subsection.

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

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

Article L217-9:

"The consumer is entitled to demand that the goods be brought into conformity with the criteria set out in subsection 1 of this section.

The consumer requests that the seller bring the goods into conformity, choosing between repair and replacement. To this end, the consumer shall make the goods available to the seller."

Article L217-10

"The goods shall be brought into conformity within a reasonable period of time, which may not exceed thirty days following the consumer's request and without significant inconvenience to the consumer, taking into account the nature of the goods and the intended use by the consumer.

The repair or replacement of non-compliant goods shall include, where applicable, the removal and return of the goods and the installation of the repaired or replacement goods by the seller.

A decree shall specify the terms and conditions for bringing the goods into conformity. »

Article L217-11:

"The goods are brought into conformity at no cost to the consumer.

The consumer is not required to pay for the normal use made of the replaced goods during the period prior to their replacement."

Article L217-12:

"The seller may not proceed according to the consumer's choice if the requested compliance is impossible or entails disproportionate costs, particularly with regard to:

1. The value that the goods would have had there been no lack of conformity;
2. The significance of the lack of conformity; and
3. The possibility of opting for the other option without major inconvenience for the consumer.

The seller may refuse to bring the goods into conformity if this is impossible or entails disproportionate costs, particularly with regard to points 1 and 2.

When these conditions are not met, the consumer may, after formal notice, pursue specific performance of the initially requested solution, in accordance with Articles 1221 et seq. of the Civil Code.

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

Article L217-13:

"Any good repaired under the legal guarantee of conformity benefits from a six-month extension of this guarantee.

If the consumer chooses to have the repaired product but it is not carried out by the seller, the replacement of the good will bring the product into conformity, for the benefit of the consumer, into effect a new period of the legal guarantee of conformity attached to the replaced product. This provision applies from the day the replacement product is delivered to the consumer. »

Article L217-14:

"The consumer is entitled to a reduction in the price of the goods or to termination of the contract in the following cases:

1. When the professional refuses to bring them into conformity;
2. When the compliance is implemented after a period of thirty days following the consumer's request or if it causes the consumer significant inconvenience;
3. If the consumer definitively bears the costs of taking back or removing the non-compliant goods, or if the consumer bears the costs of installing the repaired or replacement goods or the related costs;
4. When the non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.

The consumer is also entitled to a reduction in the price of the goods or to termination of the contract when the lack of conformity is so serious that it justifies the The consumer is not required to request immediate price reduction or termination of the contract.

The consumer is not entitled to termination of the sale if the lack of conformity is minor, which is the seller's responsibility to demonstrate. This paragraph does not apply to contracts in which the consumer fails to pay a price.

Article L217-15:

"In the cases provided for in Article L. 217-14, the consumer shall inform the seller of their decision to obtain a reduction in the price of the goods.

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

Article L217-16:

"In the cases provided for in Article L. 217-14, the consumer shall inform the seller of their decision to terminate the contract. They shall return the goods to the seller at the latter's expense. The seller shall reimburse the consumer for the price paid and return any other benefit received under the contract. If the lack of conformity only concerns certain goods delivered under the sales contract, the consumer has the right to terminate the contract for all the goods, even those not covered by this chapter, if they cannot reasonably be expected to agree to keep only the conforming goods. For the contracts referred to in II of Article L. 217-1, providing for the sale of goods and, incidentally, the provision of services not covered by this chapter, the consumer has the right to terminate 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 terminate all related contracts (...)."

Article L217-17:

"The consumer's reimbursement of the amounts owed by the seller under this subsection shall be made upon receipt of the goods or proof of their return by the consumer and no later than fourteen days thereafter. The seller shall reimburse these amounts using the same payment method used by the consumer when entering into the contract, unless the consumer expressly agrees otherwise and in any event at no additional cost."

Legal warranty against hidden defects (reproduction of Articles 1641 et seq. of the Civil Code)

Article 1641:

"The seller is bound by the warranty against hidden defects in the item sold that render it unfit for its intended use, or that so diminish this use that the buyer would not have purchased it, or would have paid a lower price for it, had they been aware of them."

Article 1644:

"In the case of Articles 1641 and 1643, the buyer has the option of returning the item and receiving a refund of the price, or keeping the item and receiving a partial refund."

Article 1645:

"If the seller was aware of the defects in the item, he is liable to the buyer, in addition to returning the price received, for all damages. »

Article 1646:

"If the seller was unaware of the defects in the item, he shall only be liable for the refund of the price and for reimbursing the buyer for the costs incurred by the sale."

Article 1648:

"The action resulting from latent defects must be brought by the buyer within two years of the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, within one year following the date on which the seller can be discharged from apparent defects or lack of conformity."