Terms of sale

Last updated on October 3, 2023.

PREAMBLE AND PURPOSE

The present General Terms and Conditions of Sale (hereinafter the "GTCS") together with the "Privacy Policy" relating to online data protection and the "Legal Notice" are applicable to the website www.labruneetlablonde.com (hereinafter the "LA BRUNE & LA BLONDE Online Boutique"), which offers the sale of jewelry bearing the "LA BRUNE & LA BLONDE" trademark (hereinafter the "Product(s)").

The Products are sold directly on the LA BRUNE & LA BLONDE online Boutique:

by B ET B, a société par actions simplifiée (simplified joint stock company) with a single shareholder, whose registered office is located at 11, rue du Marché Saint-Honoré, 75001 Paris, registered in the Paris Trade and Companies Register under number 532 292 810, whose intra-community VAT number is FR 34 532 292 810 (hereinafter "LA BRUNE & LA BLONDE"),
any natural person placing an order on the LA BRUNE & LA BLONDE online Boutique (hereinafter the "Customer"), it being specified that the protective provisions of the French Consumer Code set out in these GCS do not apply to orders placed by natural persons placing an order on the LA BRUNE & LA BLONDE online Boutique as part of their professional activity, whatever that activity may be (craft, commercial, liberal, industrial).

The GCS alone govern the relationship between LA BRUNE & LA BLONDE and the Customer. In the absence of express acceptance by LA BRUNE & LA BLONDE, any condition to the contrary by the Customer will be unenforceable against the latter.

Any order of Products on the LA BRUNE & LA BLONDE online Boutique implies full acceptance of these GTC by the Customer, who may modify them at any time, notably in order to take into account changes to the LA BRUNE & LA BLONDE online Boutique or any legal, jurisprudential, editorial and/or technical developments. The applicable GCS are those in force on the day the order is placed and which the Customer accepts when finalizing an order. From one order to the next, LA BRUNE & LA BLONDE invites the Customer to carefully reread the GCS appearing on the online Boutique LA BRUNE & LA BLONDE, the update dates being indicated.

If you have any questions, please contact "Customer Service" at LA BRUNE & LA BLONDE :

on +33 (0)1 49 24 90 98 from Monday to Thursday, 10:00 am to 12:30 pm and 2:00 pm to 6:00 pm (5:00 pm on Fridays),
by e-mail at contact@labruneetlablonde.com.

PRODUCTS, PRICES AND AVAILABILITY

The Products offered for sale on the LA BRUNE & LA BLONDE online Boutique are described and presented as accurately as possible (specifications, photographs, size, composition, etc.). Given the particular composition of the Products, which incorporate natural materials (gold, diamonds, stones, etc.), the photographs are as faithful as possible, but cannot ensure perfect similarity with the Product, particularly with regard to colors and materials.

The Customer is advised to consult the description of each Product in order to find out more about the Product concerned, in particular its characteristics, and to ask any questions he may have to Customer Services.

The prices of the Products indicated are those in force on the day the order is validated by the Customer. All prices and sums referred to in these GCS and on the LA BRUNE & LA BLONDE online Boutique are in euros, including VAT at the current rate in France, excluding any delivery charges and excluding customs duties and taxes, if any, applicable in the case of an order to be delivered outside mainland France.

The amount of delivery charges is indicated on the LA BRUNE & LA BLONDE online Boutique before the final validation of the order by the Customer.
LABRUNE & LA BLONDE may modify its prices, but undertakes in any event to ensure that the price shown on the LA BRUNE & LA BLONDE online Boutique when the order is validated by the Customer is the price actually applicable to the Customer.

Products are offered within the limits of available stocks; the availability and delivery of a Product are confirmed after the order has been placed, within the order confirmation e-mail.

Should the Product ordered by the Customer be out of stock, LA BRUNE & LA BLONDE undertakes to inform the Customer as soon as possible by any appropriate means. If a restocking of the Product ordered is possible, LA BRUNE & LA BLONDE may propose to the Customer to maintain his order, indicating an estimated delivery time. In all cases, the Customer may cancel the order by sending an e-mail to Customer Services at contact@labruneetlablonde.com. In this case, the Customer will be reimbursed for any sums paid within fourteen (14) days of cancellation of the order.

ORDER

To place an order, the Customer must :

consult the details of the Products he/she wishes to purchase, check that they are suitable and, depending on the Products, modify the size, color, diamond weight (carat) or other characteristics proposed, it being understood that the price of the Product may vary according to the choices made by the Customer (in particular the number of carats desired);
select the Product(s) you wish to purchase, by clicking on "Add to basket",
finalize the order once the selection is complete by clicking on "Checkout" or "Confirm order" (via the "Shopping cart" tab); enter billing details (surname, first name, postal address, e-mail and telephone number) and delivery details if different.

A summary of the order and its total cost, including VAT and any delivery charges, is presented before the Customer definitively confirms it by accepting these GTS and selecting the payment method of his/her choice:

Credit card
The customer can click on "Pay by credit card", and is then redirected to the Monetico Services page where he/she fills in his/her credit card details.
PayPal
The customer can click on "PayPal" or "4x PayPal" and will be redirected to the PayPal page, where he/she can connect to his/her PayPal account and validate the payment.

All orders imply an obligation to pay, and are only definitively confirmed once the Customer has received an order confirmation e-mail informing them of the availability and delivery date of the Product(s).

The Customer accepts that the order confirmation and these GCS will be provided on a durable medium, by e-mail.

LA BRUNE & LA BLONDE may refuse to honor an order in the event that it is abnormal (in quantity and/or amount considered unusual), abusive or contrary to the provisions of the GCS.

PAYMENT

Orders are paid for by credit card in accordance with the terms and conditions specified on the LA BRUNE & LA BLONDE online boutique.

Only the types of bank cards mentioned on the LA BRUNE & LA BLONDE online Boutique are accepted, i.e. Visa and Mastercard.

LA BRUNE & LA BLONDE also offers the Customer, through its partner PayPal®, payment by American Express card and payment in four installments without charge under the terms and conditions defined by PayPal® and subject to acceptance of payment by PayPal®.

At the time of payment, the Customer guarantees that he/she is the holder and legitimate user of the means of payment used on the LA BRUNE & LA BLONDE online store. However, should LA BRUNE & LA BLONDE be informed, notably through the banking security system it uses, that a means of payment is being used fraudulently, it may refuse the order concerned.

Orders are payable in euros only.

Preparation and dispatch of the order will only take place once full payment has been received, which is evidenced by the effective crediting of the price to LA BRUNE & LA BLONDE's bank account.

DELIVERY and RECEPTION

BRUNE & LA BLONDE: France and European Union countries. For delivery outside this zone, the Customer is invited to contact Customer Service to determine whether delivery is possible.

As of confirmation of the order by LA BRUNE & LA BLONDE, and if the Product is in stock, the Products ordered will be dispatched to the Customer within an average of two (2) working days.

Deliverytime, from the date of dispatch, is generally between 1 and 6 working days. These times are indicative and correspond to the average processing and delivery times of postal services and carriers.

Oncethe order has been dispatched, the Customer will receive an e-mail confirming the date of dispatch and the probable date of arrival of the order.

Unlessspecial manufacturing, processing, shipping and/or routing times are required for the order (which LA BRUNE & LA BLONDE will be sure to inform the Customer of), the deadline for delivery of the items ordered is thirty (30) working days from receipt of the order confirmation email sent by LA BRUNE & LA BLONDE for delivery within the European Union.

In the event of late delivery not resulting from force majeure, the Customer may require LA BRUNE & LA BLONDE to make delivery within a reasonable additional period. If LA BRUNE & LA BLONDE has not complied within this period, the Customer may request cancellation of the order, by registered letter with acknowledgement of receipt sent to the registered office of LA BRUNE & LA BLONDE or by writing on another durable medium, specifying the order number concerned.

In such a case, the Customer will be reimbursed all sums paid, at the latest within fourteen (14) days of the date on which he/she requested the cancellation of his/her order.

In the case of an order delivered outside mainland France, it may be subject to any taxes and customs duties that may be imposed when the parcel reaches its destination.

These customs duties and taxes are the sole responsibility of the customer.

LA BRUNE & LA BLONDE is not in a position to verify applicable customs duties and taxes. To find out, we advise customers to contact the relevant authorities in their country.

It is the Customer's responsibility to ensure receipt of the order and to verify, without delay, the conformity of all Products shipped (quantity and quality). It is therefore the Customer's responsibility to indicate any anomalies (open package, damaged Product, etc.) on the delivery note, in the form of handwritten reservations accompanied by his/her signature. If the reservation cannot be noted on the delivery slip, he/she may send the reservations to the carrier by registered letter with acknowledgement of receipt, with a copy sent to LA BRUNE & LA BLONDE, within three (3) days of receipt of the package.

Any complaint, reservation or dispute must be precise and in writing to be admissible.
Any complaint made to Customer Service by telephone must be confirmed by e-mail to contact@labruneetlablonde.com, or by post to 11, rue du Marché Saint-Honoré, 75001 Paris, to be valid.

RIGHT OF WITHDRAWAL and RETURN OF PRODUCTS

In accordance with the provisions of articles L221-18 et seq. of the French Consumer Code, the Customer has the right to return one or more Products within a period of fourteen (14) days from the day following receipt of the order. If this period expires on a Saturday, Sunday or public holiday, it is extended to the next working day.

In accordance with article L. 221-28 of the French Consumer Code, the Customer may not exercise his right of withdrawal if the Products ordered have been made to the Customer's specifications or are clearly personalized, in particular if they bear an engraving, or a personalized configuration.

To exercise his right of withdrawal, the Customer must inform LA BRUNE & LA BLONDE of his decision to withdraw by sending by registered letter with acknowledgement of receipt or by e-mail, before the expiry of the fourteen (14) day period :

the withdrawal form attached as an appendix to these GTS,
or any other unambiguous statement expressing the customer's wish to withdraw, addressed to : Société B ET B, LA BRUNE & LA BLONDE, 11, rue du Marché Saint Honoré, 75001 Paris or at contact@labruneetlablonde.com.

If the Customer exercises his/her right of withdrawal on all or part of the Products ordered and received, the Products must be returned, at the latest within fourteen (14) days following the communication of his/her decision to withdraw, in perfect condition, complete (with their accessories), accompanied by their purchase invoice (or a copy in the case of a partial return), any certificates supplied, blister packs, labels, protections, stickers affixed and the original packaging (gift box, case, notices, etc.), to the address of LA BRUNE & LA BLONDE.), to the address of LA BRUNE & LA BLONDE.

The Customer is informed that in order for a Product to be returned under the right of withdrawal, it must not have been worn under any circumstances. Products are returned under the Customer's responsibility and at the Customer's expense. LA BRUNE & LA BLONDE may refuse the return of the Product and its reimbursement if the returned Product is no longer new, has been used, modified or shows signs of wear, in accordance with current legislation.

In the case of a return, the Customer is the sender of the package, and is therefore responsible for taking out insurance to cover any damage or loss to the Product(s) during the return. Given the value of the Product(s), it is recommended that the return be made by post or courier, with tracking (e.g. Colissimo®) or registered mail with acknowledgement of receipt, and with insurance of a declared value corresponding to the purchase price of the Product. If the Product is damaged, it will be returned to the Customer, who may be asked to reimburse the shipping costs.

As soon as the Products have been received and checked, LA BRUNE & LA BLONDE undertakes to reimburse, within fourteen (14) days of the date of receipt, all sums paid by the Customer corresponding to the price of the returned Products and any delivery costs incurred by the Customer, with the exception of additional costs in the event that the Customer has chosen a more expensive delivery method than the standard delivery method offered by LA BRUNE & LA BLONDE. This reimbursement is made using the same means of payment as that used to pay for the order.

LEGAL WARRANTIES

LA BRUNE & LA BLONDE guarantees that the Products delivered conform to the nature and characteristics mentioned on the LA BRUNE & LA BLONDE online Boutique and to French legislation in force at the time of the order.

LA BRUNE & LA BLONDE is liable for defects in conformity of the Product under the conditions of articles L.217-3 et seq. of the French Consumer Code and for hidden defects under the conditions of articles 1641 to 1649 of the French Civil Code.

When acting under the legal warranty of conformity, the Customer :

may choose between bringing the product into conformity by repair or replacement, subject to the conditions laid down in articles L.217-10 and L.217-12 of the French Consumer Code, or failing this, a reduction in the price or rescission of the contract under the conditions laid down in article L.217-14 of the same code;
is exempt from proving the existence of the product's lack of conformity for twenty-four (24) months following delivery of the product; for second-hand goods, this period is twelve (12) months.

The Customer may also decide to invoke the warranty against hidden defects in the Product sold, as defined in article 1641 of the French Civil Code, i.e. against defects which render it unfit for the use for which it was intended, or which diminish this use to such an extent that the Customer would not have purchased it, or would have paid a lower price for it, had he or she been aware of them. In this case, the Customer may choose between rescission of the sale or a reduction in the purchase price, in accordance with article 1644 of the French Civil Code.

The texts relating to legal warranties are appended to these GTS. The legal warranties of conformity and latent defects apply independently of any commercial warranties that may be granted by LA BRUNE & LA BLONDE.

Legal warranties do not cover damage resulting from :

misuse or improper maintenance of the Product,
normal wear and tear of the Product
an accidental event or, more generally, any external cause (such as the intervention of any unauthorized third party on the Product).

Any request concerning the conformity of the Products must be sent to the following address: LA BRUNE & LA BLONDE, 11, rue du Marché Saint Honoré, 75001 Paris.

INTELLECTUAL PROPERTY RIGHTS

The LA BRUNE & LA BLONDE brand, illustrations, photographs, logos and slogans, representations of the Products, drawings and models featured on the LA BRUNE & LA BLONDE online Boutique are protected by French and international intellectual property laws. Any reproduction, in whole or in part, without the prior written consent of LA BRUNE & LA BLONDE, is strictly prohibited pursuant to Articles L 335-2 and L 335-3 of the French Intellectual Property Code and constitutes an infringement and an offence.

PERSONAL DATA

FORCE MAJEURE

Neither party will have failed in its contractual obligations to the extent that their performance is delayed, hindered or prevented by force majeure.

Force majeure shall mean any event beyond the control of the debtor of the obligation, which could not reasonably have been foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided by appropriate measures.

APPLICABLE LAW & DISPUTES

These General Terms and Conditions of Sale are governed by French law, in terms of both form and substance.

In the event of a dispute or claim, the customer should first contact LA BRUNE & LA BLONDE for an amicable solution. This search for an amicable solution does not interrupt the time limits for taking legal action.

The customer has the possibility of appealing to a Consumer Mediator, under the conditions set out in articles L.611-1 et seq. of the French Consumer Code.

In addition, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent extra-judicial settlement of online disputes between consumers and professionals in the European Union. This platform can be accessed at the following link: https://webgate.ec.europa.eu/odr/.

APPENDIX 1 / Model withdrawal form

Customer name

Customer address

Customer Postal Code

For the attention of LA BRUNE & LA BLONDE

11, rue du Marché Saint Honoré

75001 Paris

Date: ................................................

Subject: Purchase retraction

Dear Sir/Madam

I hereby inform you that I wish to exercise my right of withdrawal under Article L.221-185 of the French Consumer Code, from the contract for the sale of the following Product(s):

...............................................................................................................

Ordered on .........................

Received on ..................................

Customer's signature

(in case of notification of this form on paper)

I. Legal Warranty of Conformity under the French Consumer Code

I.1 Scope of application

Article L217-1

"I.-The provisions of this chapter apply to contracts for the sale of tangible movable goods between a professional seller, or any person presenting or acting as such, and a buyer acting as a consumer.

For the purposes of this chapter, contracts of sale include contracts under which the professional delivers a good and transfers ownership of it to a consumer, and the latter provides any other benefit, instead of or in addition to the payment of a price.

Contracts for the sale of goods to be manufactured or produced are also treated as sales contracts for the purposes of this chapter.

The provisions of this chapter apply to water, electricity and gas when they are packaged in a defined volume or quantity.

The provisions of this chapter also apply to goods containing digital elements within the meaning of the introductory article when these elements are supplied with the goods as part of the sales contract, whether such digital content or digital services are provided by the seller or by a third party. Where it is not clear that the supply of digital content or a digital service is the subject of a separate contract, such supply is presumed to be part of the contract for the sale of the goods.

II.-Where a contract brings together the sale of goods covered by this chapter and other goods not covered by this chapter, this chapter applies only to the goods covered by this chapter. In addition, where a contract has as its principal object the sale of goods covered by this chapter and, as an accessory, the provision of services not covered by this chapter, this chapter applies only to the goods. Furthermore, in the case of a bundled offer within the meaning of article L. 224-42-2, the provisions of this chapter apply only to the goods.

However, the conditions for cancelling such contracts are governed by article L. 217-16."

Article L217-2

"The provisions of this chapter do not apply to:

1° To goods sold on seizure or by judicial authority ;

2° Second-hand goods sold at public auction within the meaning of articles L. 320-1 et seq. of the French Commercial Code, where consumers have the option of attending in person;

3° Sales of domestic animals;

4° Digital content and digital services not covered by a contract for the sale of goods containing digital elements, or digital content supplied on a physical medium used exclusively for its transport. Such content is governed by the provisions of articles L. 224-25-1 et seq;

5° Digital content and services listed in II of article L. 224-25-3, including when integrated or interconnected with a good covered by the present chapter.

I.2 Legal warranty of conformity for goods

a) Consumer rights

Article L217-3

"The seller delivers goods that conform 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, as defined in 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 less than or equal to two years, 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 good;

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 becomes apparent during the period in which it is supplied under the contract.

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

The seller is also liable, during the same time period, for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was made his responsibility under 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 L217-4

"Goods conform to the contract if they meet the following criteria:

1° It corresponds to the description, type, quantity and quality, in particular as regards functionality, compatibility, interoperability or any other characteristic provided for 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 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 L217-5:

"I.-In addition to the criteria of compliance with the contract, the good is compliant 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 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 which the seller has presented to the consumer in the form of a sample or model, prior to the conclusion of the contract;

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

4° Where 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 can legitimately expect, in accordance with the provisions of article L. 217-19;

6° It corresponds to the quantity, quality and other characteristics, including in terms of 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 was unaware of them and could not legitimately have been aware of them;

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

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

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

Article L217-6

"Where, in the course of the contract, personal data is processed 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 on 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 L217-7

"Defects in conformity which appear within twenty-four 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 the defect claimed.

For second-hand goods, this period is set at 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 which appears at the time of delivery of the goods is presumed to have existed:

1° During a period of two years from delivery of the good, 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° For the period during which the digital content or service is provided under the contract, where the contract provides for such provision for a period longer than two years."

b) Implementation of the legal guarantee of conformity

Article L217-8

"In the event of a 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 to withhold the benefit provided for in the contract, until such time as 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 L217-9

"The consumer is entitled to demand that the goods conform to the criteria set out in sub-section 1 of this section.

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

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 good into conformity."

Article L217-11

"Bringing the good into conformity is free of charge for the consumer.

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

Article L217-12

"The seller may not proceed according to the choice made by the consumer if the requested compliance is impossible or entails disproportionate costs, in particular 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 goods into conformity if this is impossible or entails disproportionate costs, particularly with regard to 1° and 2°.

If these conditions are not met, 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 L217-13

"All goods repaired under the legal warranty of conformity benefit from a six-month extension of this warranty.

If the consumer chooses to have the good repaired, but the seller does not do so, the consumer is entitled to a new legal warranty period for the replaced good. This provision applies from the day the replacement item is delivered to the consumer.

Article L217-14

"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 bring the goods into conformity ;

2° If the goods are not brought into conformity within thirty days of the consumer's request, or if this causes the consumer a major inconvenience;

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

4° If the non-conformity of the good 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 where the lack of conformity is so serious as to justify immediate reduction in the price or rescission of the contract. In such cases, the consumer is not obliged to request repair or replacement of the goods beforehand.

The consumer is not entitled to have the sale rescinded 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 L217-15

"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 L217-16

"In the cases provided for in Article L. 217-14, the consumer informs the seller of his decision to cancel the contract. He 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 those goods which are in conformity.

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 the contract for the sale of a good comprising digital elements."

Article L217-17

"The reimbursement to the consumer of the sums owed by the seller under this sub-section is 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 consumer expressly agrees otherwise, and in any event at no additional cost."

c) Updates

Article L217-18

"Updates to goods containing digital elements are governed by the present sub-section.

For the application of the present sub-section, updates shall mean updates or modifications aimed at maintaining, adapting or developing the functionalities of the good, including security updates, whether or not such updates are necessary to maintain the good's conformity."

Article L217-19

"I.-The seller shall ensure that the consumer is informed and receives the updates necessary to maintain the conformity of the goods:

1° For a period that the consumer can legitimately expect, given the type and purpose of the digital goods and elements and taking into account the circumstances and nature of the contract, in the case of a one-off supply of digital content or digital service ;

2° For a period of two years from the time when the goods with digital elements were delivered, when the sales contract provides for the continuous supply of the digital content or digital service over a certain period;

3° For the period during which the digital content or digital service is provided under the contract, where the contract provides for the continuous provision of the digital content or digital service for a period longer than two years.

II.-Where the consumer does not install the updates mentioned in I within a reasonable period of time, the seller is not liable for any lack of conformity resulting solely from the non-installation of the updates concerned, provided that:

1° The seller has informed the consumer of the availability of the updates and of the consequences of their non-installation by the consumer; and

2° The non-installation or incorrect installation by the consumer of the updates is not due to shortcomings in the installation instructions provided to the consumer."

Article L217-20:

"With regard to updates that are not necessary to maintain the conformity of the good, the seller complies with the following conditions:

1° The contract authorizes the principle of such updates and provides a valid reason for them ;

2° The seller informs the consumer, in a clear and comprehensible manner, reasonably in advance and on a durable medium, of the planned update, specifying the date on which it will take place;

3° The update is carried out at no additional cost to the consumer;

4° The seller informs the consumer that he has the right to refuse the update or, where applicable, to uninstall it, if the update has a negative impact on his access to or use of the digital content or service.

In the latter case, the contract may be rescinded by right and at no cost to the consumer, within a maximum period of thirty days, unless the update has only a minor impact on the consumer. However, the consumer may not rescind the contract if the seller has offered to keep the digital content or service unchanged, including by uninstalling the update, and if the latter remains in conformity under the conditions set out in this section.

Where the consumer exercises his right to rescind the contract, the provisions of articles L. 217-16 and L. 217-17 shall apply.

The present article does not apply in the case of a grouped offer within the meaning of article L. 224-42-2."

II. Warranty against hidden defects under the French Civil Code

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 this use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.

Article 1642

"The seller is not bound by apparent defects of which the buyer has been able to convince himself.

Article 1642-1

"The seller of a building to be constructed may not be discharged, either before acceptance of the work, or before the expiry of a period of one month after the purchaser has taken possession, from construction defects or conformity faults which are apparent at the time.

There shall be no right to rescind the contract or reduce the price if the seller undertakes to repair the defect.

Article 1643

"He is liable for latent defects, even if he is unaware of them, unless he has stipulated that he will not be obliged to provide any guarantee.

Article 1644

"In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price returned to him, or keeping the thing and having part of the price returned to him."

Article 1645

"If the seller knew of the defects in the thing, he is bound, in addition to restitution of the price he received, to pay all damages to the buyer.

Article 1646

"If the seller was unaware of the defects of the thing, he will only be held to the restitution of the price, and to reimburse the buyer for the expenses incurred by the sale."

Article 1646-1

"The seller of a building to be constructed is bound, from the time of acceptance of the work, by the obligations which architects, contractors and other persons bound to the owner by a contract for the hire of work are themselves bound to pursuant to articles 1792, 1792-1, 1792-2 and 1792-3 of the present code.

Successive owners of the building benefit from these guarantees.

There will be no need to cancel the sale or reduce the price if the seller undertakes to repair the damage defined in articles 1792, 1792-1 and 1792-2 of the present code and to assume the guarantee provided for in article 1792-3."

Article 1647

"If the thing which was defective has perished as a result of its poor quality, the loss is for the seller, who will be liable to the buyer for restitution of the price and the other damages explained in the two preceding articles.

But the loss due to a fortuitous event will be for the buyer's account".

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 defects or apparent lack of conformity."

Article 1649

"It does not apply to sales made by judicial authority.