general terms of sale
ARTICLE 1 – Scope
These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by “Lafrenchcigogne” (“the Seller”) with consumers and non-professional buyers (“The Clients or the Client”), wishing to acquire the products offered for sale by the Seller (” The Products “) on the website “www.lafrenchcigogne.fr“. They specify in particular the conditions for ordering, payment, delivery and management of any potential returns of the Products ordered by the Customers. The Products offered for sale on the “www.lafrenchcigogne.fr” website are as follows:
– The products (items), offered by the online store, “www.lafrenchcigogne.fr, are mostly second-hand items, so-called ‘flea market and antiques’ items; often old and may have imperfections and/or marks of wear and use. Due to their age, these second-hand products may not meet the safety standards currently in force in the European Union, on French territory and any other country; they cannot meet the same requirements as a new product.
The Buyer acknowledges that he cannot make any use of it other than decorative, which he expressly accepts.
The main characteristics of the Articles and Products, in particular the specifications, their condition, their illustrations and indications of dimensions or capacity, are presented on the website “www.lafrenchcigogne.fr”.
The Customer is required to read it before placing an order. The choice and purchase of a Product is the sole responsibility of the Customer.
The photographs and graphics presented on the website “www.lafrenchcigogne.fr” are not contractual and cannot engage the responsibility of the Seller, they have only an indicative value.
The Customer is required to refer to the description of each Product in order to know its properties and essential features.
The offers for Products, as they concern flea market items, that is to say second-hand goods, are understood within the limits of available stocks, as specified when placing the order.
The contact details of the Seller are as follows:
Lafrenchcigogne
Antic design associated
Jean de Menou
56870 Baden
Siret : RCS Vannes 904 732 997
Microentreprise non assujettie à la TVA
Revendeur d’objets mobiliers (Préfecture du Morbihan)
06 70 07 95 52
E-mail : https://lafrenchcigogne.fr/contact/
These General Terms and Conditions of Sale apply to the exclusion of all other conditions, in particular those applicable for sales in stores or through other distribution and marketing channels.
These General Terms and Conditions of Sale are accessible at any time on the website “www.lafrenchcigogne.fr” and will prevail, where applicable, over any other version or any other contradictory document.
The Customer declares having read these General Terms and Conditions of Sale and having accepted them by checking the box provided for this purpose before implementing the online ordering procedure as well as the general terms and conditions of use of the website “www.lafrenchcigogne.fr“.
These General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer’s purchase is the one in force on the website at the date of placing the order.
Unless proven otherwise, the data recorded in the Seller’s computer system constitutes proof of all transactions concluded with the Client.
The validation of the order by the Customer constitutes acceptance without restriction or reservation of these General Terms and Conditions of Sale.
The Customer acknowledges having the required capacity to contract and acquire the Products offered on the website “www.lafrenchcigogne.fr“.
Les Produits présentés sur le site Internet ”www.lafrenchcigogne.fr”sont proposés à la vente exclusivement pour les territoires mentionnés à l’article 5 ci-après.
In case of an order to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned.
For all Products shipped outside the European Union and DOM-TOM, the price will be calculated excluding taxes automatically on the invoice.
Customs duties or other local taxes or import duties or state taxes are likely to be payable. They will be at the expense and are the sole responsibility of the Client.
ARTICLE 2 – Orders
It is up to the Customer to select on the website “www.lafrenchcigogne.fr” the Products they wish to order, according to the following methods:
The ordering and order validation process involves several steps during which the customer, after selecting the items, must validate a detailed summary of the order.
By clicking on the “ORDER” button, during payment, the customer confirms the order and declares to accept all of these general conditions of sale. By checking the box provided for this purpose.
The “VALIDATION CLICK” of the order constitutes an electronic signature. This electronic signature has the same value between the parties as a handwritten signature.
An email will automatically be sent to the customer to confirm the order provided that the email address indicated does not contain an error. The registered order will only be effective upon receipt of payment.
The contractual information is presented in French and subject to confirmation at the latest at the time of the validation of the order by the Client.
Product offers are valid as long as they are visible on the site, within the limits of available stock.
In the event that the ordered product is unavailable due to damage, loss or unavailability, the Seller undertakes to inform the Buyer, who then has the option of requesting an exchange for the ordered product, or to cancel their order and obtain a refund from the Seller, at the latest within 30 days.
The sale will only be considered final after the Customer has received confirmation of acceptance of the order from the Seller by email and after receipt by him of the full price – and after receipt by him of the full deposit due.
For orders placed exclusively on the internet, the registration of an order on the Service Provider’s website is carried out when the Customer accepts these General Terms and Conditions of Sale by checking the box provided for this purpose and validating their order. The Customer has the possibility to check the details of their order, its total price and correct any errors before confirming their acceptance (article 1127-2 of the Civil Code). This validation implies the acceptance of all these General Conditions of Sale and constitutes proof of the sales contract.
It is therefore up to the Customer to verify the accuracy of the order and to immediately report any error.
Any order placed on the website “www.lafrenchcigogne.fr” constitutes the formation of a contract concluded remotely between the Client and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute regarding the payment of a previous order.
The Customer will be able to follow the progress of their order on the website “www.lafrenchcigogne.fr” or by the carrier with the tracking number provided by the seller.
No order with an amount lower than €1 including VAT can be accepted.
Any changes to the order by the Customer can only be taken into account by the Seller within the limits of its possibilities and provided they are notified by email (with acknowledgment of receipt) to the Seller at least 1 day before the scheduled date for the shipment of the order.
In the event that these modifications cannot be accepted by the Seller, the sums paid by the Client will be returned to him/her within a maximum period of “30 days” from the notification of the impossibility of accepting the modifications requested by the Client (unless he prefers to benefit from a credit note).
ARTICLE 3 – Tariffs
The Products are provided at the current rates listed on the website “www.lafrenchcigogne.fr“, when the order is registered by the Seller. Prices are expressed in Euros, including VAT (not applicable – article 293B of the General Tax Code).
The rates take into account any discounts that may be granted by the Seller on the website “www.lafrenchcigogne.fr“.
These rates are firm and cannot be revised during their validity period, as indicated on the website “www.lafrenchcigogne.fr“, the Seller reserves the right, outside of this validity period, to modify the prices at any time. They do not include the processing, shipping, transport and delivery costs, which are invoiced as a supplement, under the conditions indicated on the website “www.lafrenchcigogne.fr” and calculated prior to placing the order. The payment requested from the Client corresponds to the total amount of the purchase, including these fees.
ARTICLE 4 – Payment terms
The price is payable in cash, in full on the day of placing the order by the Customer, by secure payment method, according to the following terms:
- by bank cards: Visa, MasterCard, American Express, other blue cards
- par Paypal
- by check
In case of payment by bank check, it must be issued by a bank domiciled in metropolitan France or Monaco.
The encashment of the check is made upon receipt. Only the successful completion of the check encashment is likely to validate the Buyer’s order.
The payment data is exchanged in encrypted mode using SSL (Secure Socket Layer) protocol.
The buyer is solely responsible for the authenticity of the information provided when placing his order and his payment. Non-compliance with the payment terms leads to the suspension of the customer’s order.
ARTICLE 5 – Deliveries
The Products ordered by the Customer will be delivered in metropolitan France and in the following countries unless otherwise advised by the seller:
A :
South Africa, Albania, Germany, Anguilla, Antigua and Barbuda, Netherlands Antilles, Argentina, Australia, Austria, Azores, Armenia, Aruba, Andorra
B :
Belgium, Belize, Bermuda, Belarus, Bosnia, Brazil, Brunei, Bulgaria, Bahamas, Barbados
C :
Cambodge, Canada, Chili, Chine, Chypre, Corée du Sud, Croatie, Costa Rica, Colombie
D :
Denmark, Djibouti, Dominica, Dominican Republic
E :
Spain, Estonia, United States, Egypt, Ecuador
F :
Finland
G :
Georgia, Gibraltar, Greece, Guam, Guernsey, Dutch Guiana, French Guiana,
Grenada, Guadeloupe, Guatemala, Greenland
H :
Hong Kong, Hungary, Haiti, Honduras
I :
Canary Islands, Mauritius, Fiji Islands, US Virgin Islands, British Virgin Islands, Solomon Islands, Cape Verde Islands, Marshall Islands, Caiman Islands, Cook Islands, Falkland Islands, India, Indonesia, Ireland, Iceland, Israel, Italy
J :
Japan, Jersey, Jamaica
K :
Kiribati
L :
Laos, Latvia, Lebanon, Liechtenstein, Lithuania, Luxembourg
M :
Macao, Macédoine, Madagascar, Martinique, Malaisie, Maldives, Malte, Moldavie, Monaco,
Mongolia, Montenegro, Mayotte, Mauritania, Mexico, Montserrat, Micronesia
N :
Norway, New Zealand, Nepal, Nicaragua, New Caledonia, Nauru, Niue
O :
Oman
P :
Netherlands, Poland, Puerto Rico, Portugal, Panama, Paraguay, Peru, Philippines, French Polynesia, Palau, Papua New Guinea
Q :
Qatar
R :
Czech Republic, Romania, United Kingdom, Russia, Meeting
S :
Saint Barthélémy, San Marino, Saint Lucia, Seychelles, Serbia, Singapore, Slovakia, Slovenia, Sweden, Switzerland, Swaziland, Samoa (Western and American), Suriname
Saint Helena, Saint Vincent and the Grenadines, Salvador, Sri Lanka, Saint Pierre and Miquelon
T :
Taiwan, Thailand, Turkey, Tonga, Tuvalu, Trinidad and Tobago
U :
Ukraine, Uruguay
V :
Vanuatu, Vatican, Vietnam, Venezuela
W :
Wallis and Futuna
The Products ordered by the Customer will be delivered within 30 days of the order being shipped, which will take place within 5 working days of the order being confirmed (Article 4 – Payment conditions).
The delivery is constituted by the transfer to the Client of physical possession or control of the Product.
Except in special cases or unavailability of one or more Products, the Products ordered will be delivered at once.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the above-mentioned deadlines. However, these deadlines are communicated for information purposes only. However, if the ordered Products have not been delivered within 60 days after the indicative delivery date, for any reason other than force majeure or the fact of the Customer, the sale may be resolved at the written request of the Customer under the conditions provided for in articles L 216-2 L 216-3 L 241-4 of the Consumer Code. The sums paid by the Client will then be returned to him/her at the latest within fourteen days following the date of termination of the contract, excluding any compensation or withholding.
Deliveries are ensured by an independent carrier, at the address mentioned by the Customer during the order and to which the carrier can easily access.
Deliveries are made, according to the Customer’s choice, via ‘La Poste’ or ‘Mondial relay’, subject to coverage of the territory of the delivery location, if applicable, another carrier may be chosen by the seller.
Routing by ” THE POST
The delivery of packages will be handled by the Post. The packages will be sent as a tracked package with or without a recommendation depending on the amount of the order. Or in letter format followed or registered. The price varies according to the weight of the package (rates in effect from La Poste). To which are added packaging costs. Included in the amount of the announced shipping costs.
The tracked parcel is deposited without a signature in the client’s mailbox. If the mailbox cannot contain the package, everything is provided for: a delivery notice is placed there. It indicates the contact details of the post office where to pick up the package. The customer then has a period of 15 consecutive days to collect it. Beyond this period, the package is returned to Lafrenchcigogne 56870 Baden.
At any time, the customer can track their package by entering the package number, on the website https://www.colissimo.fr.
Routing by ” MONDIAL RELAY
The customer must indicate at the time of their order the global relay point in which they wish their package to be shipped.
When it is available at the relay point. The client will be notified by email. Via the email address provided by the customer at the time of their order.
He will then have a maximum of 8 calendar days following the handling of the package by Mondial Relay; to go pick up his package at the pickup point. To do so, he will need to present an identity document.
exceptions. We would like to warn our customers that during periods of overload, it may happen that the package is redirected to another global relay point, if the selected one has reached its maximum capacity. Similarly, it may happen during festive periods that the maximum delay to claim the package increases from 8 days to 7 calendar days.
All this is beyond the control of the seller. Who would not be held responsible for the way in which mondial relay handles the delivery of its packages.
At any time the customer can track the delivery of their package.
By entering the package tracking number on the website https://www.mondialrelay.fr/suivi-de-colis/.
When the Customer has himself taken care of using a carrier that he chooses himself, delivery is deemed to have been made upon the handing over of the Products ordered by the Seller to the carrier as soon as he handed over the Products sold to the carrier who accepted them without reservation. The Customer therefore acknowledges that it is up to the carrier to make the delivery and has no recourse in warranty against the Seller in case of non-delivery of the transported goods.
In the event of a particular request by the Client concerning the conditions of packaging or transport of the ordered products, duly accepted in writing by the Seller, the related costs will be subject to additional specific invoicing, on a quotation previously accepted in writing by the Client.
The Customer is required to check the condition of the delivered products. He has a period of 14 days from the delivery to formulate by email (with acknowledgment of receipt) any reservations or claims for non-compliance or apparent defect of the delivered Products (for example damaged package already open …), with all related supporting documents (photos in particular). After this period and failing to comply with these formalities, the Products will be deemed compliant and free of any apparent defect and no claim can be validly accepted by the Seller.
The Seller will reimburse or replace as soon as possible and at its own expense, the delivered Products whose defects of conformity or apparent or hidden defects have been duly proven by the Client, under the conditions provided for in articles L 217-4 and following of the Consumer Code and those provided for in these General Conditions of Sale (see guarantees, notably).
Any package not claimed by the customer, whatever the cause, except for a material error made by the seller, may be reshipped at the request of the customer, at his expense.
ARTICLE 6 – Transfer of ownership – Transfer of risks
The transfer of ownership of the Products from the Seller, to the benefit of the Client, will only be carried out after full payment of the price by the latter, and this regardless of the delivery date of said Products.
Regardless of the date of transfer of ownership of the Products, the transfer of risks of loss and damage relating thereto shall only be carried out at the time when the Client takes physical possession of the Products. The Products therefore travel at the risk and peril of the Seller.
ARTICLE 7 – Right of withdrawal
In accordance with the legal provisions in force, the Customer has a period of thirty days from receipt of the Product to exercise their right of withdrawal with the Seller, without having to provide reasons or pay penalties, for exchange or refund purposes, provided that the Products are returned in their original packaging and in perfect condition within 30
days following the notification to the Seller of the Customer’s decision to withdraw.
Returns must be made in their original and complete condition (packaging, accessories, instructions…) allowing them to be put back on the market as new, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products are not taken back.
The right of withdrawal can be exercised online, using the withdrawal form available on the website “www.lafrenchcigogne.fr“, in which case an acknowledgment of receipt on a durable medium will be immediately communicated to the Customer by the Seller, or any other statement, devoid of ambiguity, expressing the desire to retract.
In case of exercise of the right of withdrawal within the aforementioned period, only the price of the Product(s) purchased and the delivery costs are reimbursed; the return costs remaining at the expense of the Customer.
The exchange (subject to availability) or refund will be made within 14 days of receipt by the Seller of the Products returned by the Customer under the conditions provided for in this article.
ARTICLE 8 – Seller’s liability – Warranty
The Products sold on the website “www.lafrenchcigogne.fr” are mostly second-hand items, so-called ‘flea market’ items; often old and may have imperfections and/or signs of wear and use. Due to their age, these second-hand products may not meet the safety standards currently in force on French territory, in the European Union and in any other country; they cannot meet the same requirements as a new product.
The Buyer acknowledges that he cannot make any use of it other than decorative, which he expressly accepts.
The Products provided by the Seller benefit automatically and without additional payment, regardless of the right of withdrawal, in accordance with the legal provisions:
- of the legal guarantee of conformity, for Products apparently defective, damaged or damaged or not corresponding to the order,
- the legal warranty against hidden defects resulting from a material, design or manufacturing defect affecting the delivered products and making them unfit for use.
In order to assert his rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within a maximum period of 30 days from the delivery of the Products or the existence of hidden defects within the deadlines below.above mentioned and return or bring back to the store the defective Products in the state in which they were received with all the elements (accessories, packaging, instructions…).
The Seller will refund, replace or have repaired the Products or parts under warranty deemed non-compliant or defective.
The shipping costs will be reimbursed based on the rate charged and the return costs will be reimbursed upon presentation of supporting documents.
Les remboursements des Produits jugés non conformes ou défectueux seront effectués dans les meilleurs délais et au plus tard dans les 30 jours jours suivant la constatation par le Vendeur du défaut de conformité ou du vice caché.
The refund will be made by crediting the Client’s bank account, by bank check addressed to the Client or by credit note according to the choice of the client.
The Seller’s liability shall not be incurred in the following cases:
- non-compliance with the legislation of the country to which the products are delivered, which it is up to the Client to verify,
- in case of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force
The Seller’s guarantee is, in any case, limited to the replacement or refund of non-compliant Products or those affected by a defect.
ARTICLE 9 – Data Protection and Freedoms
In application of the law 78-17 of January 6, 1978, it is recalled that the personal data requested from the Client are necessary for processing his order and establishing invoices, in particular.
This data may be communicated to any partners of the Seller responsible for the execution, processing, management and payment of orders.
The processing of information communicated through the website The Buyer acknowledges that he cannot make any use other than decorative, which he expressly accepts.
is the subject of a personal data register, in accordance with the legislation in force.
The Client has, in accordance with national and European regulations in force, a permanent right of access, modification, rectification and opposition regarding information concerning him.
This right can be exercised under the conditions and according to the modalities defined on the website “www.lafrenchcigogne.fr“.
ARTICLE 10 – Intellectual property
The content of the website “www.lafrenchcigogne.fr” is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly prohibited and may constitute a copyright infringement.
In addition, the Seller remains the owner of all intellectual property rights on photographs, presentations, studies, drawings, models, prototypes, etc., made (even at the request of the Client) with a view to providing the Services to the Client. The Customer therefore forbids any reproduction or exploitation of said studies, drawings, models and prototypes, etc., without the express written and prior authorization of the Seller who may condition it to a financial consideration.
ARTICLE 11 – Anticipation
In the event of a change of unforeseeable circumstances at the time of conclusion of the contract, pursuant to the provisions of Article 1195 of the Civil Code, the Party that has not agreed to assume an excessively onerous performance risk may request a renegotiation of the contract from its contracting party.
The cases of unforeseen circumstances that may give rise to the application of the legal regime provided for in Article 1195 of the Civil Code, for the operations of Sale of Products from the Seller to the Customer subject to these General Terms and Conditions of Sale, are limited as follows: a change in the economic circumstances surrounding the conclusion of the sale and significantly adversely affecting the equilibrium thereof “.
ARTICLE 12 – Enforcement in kind
By way of derogation from the provisions of Article 1221 of the Civil Code, the Parties agree that in case of breach by either of the Parties of its obligations, the Party who is the victim of the default may not request forced execution.
ARTICLE 13 – Proportional reduction of the price in case of imperfect performance of the obligation
In the event of a Party’s breach of any of its obligations, the creditor may, pursuant to Article 1223 of the Civil Code, 15 days after receipt by the debtor of the obligation of formal notice served by registered letter with acknowledgment of receipt, to perform without effect, accept an imperfect performance of the contract and request a proportional reduction in the price, by written notification to the debtor of the obligation and imposing on the latter.
The adjustment of the price is therefore made solely by the unilateral manifestation of the creditor’s will. In the event that the creditor of the obligation has paid, the latter may under the same conditions accept an imperfect execution of the contract and request a proportional reduction in the price as well as the reimbursement of the overpayment by the debtor of the obligation.
In the absence of agreement between the Parties on the amount of this proportional reduction in the price, it will be determined to be said as an expert under the conditions of article 1592 of the Civil Code.
ARTICLE 14 – Exception for non-performance
It is recalled that pursuant to Article 1219 of the Civil Code, each Party may refuse to perform its obligation, even when it is due, if the other Party does not perform theirs and if this non-performance is sufficiently serious, that is to say, likely to question the continuation of the contract or fundamentally upset its economic balance. The suspension of execution will take effect immediately, upon receipt by the Defaulting Party of the notice of breach addressed to it for this purpose by the Defaulted Party indicating the intention to apply the exception of non-performance as long as the Defaulting Party has not remedied the breach found, served by registered letter with acknowledgment of receipt request or on any other durable medium written allowing proof of dispatch.
This exception for non-performance may also be used as a preventive measure, in accordance with the provisions of article 1220 of the Civil Code, if it is clear that one of the Parties will not fulfil its obligations by the due date and that the consequences of this non-performance are serious enough for the Party victim of the failure.
This option is used at the risk and peril of the Party taking the initiative.
The suspension of execution will take effect immediately, upon receipt by the alleged defaulting Party of the notification of intent to make application of the preventative non-performance exception until the alleged defaulting Party performs the obligation for which a future default is manifest, served by registered letter with acknowledgment of receipt request or on any other durable medium written allowing proof of dispatch.
ARTICLE 15 – Force majeure
The Parties may not be held liable if the non-performance or delay in performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of article 1218 of the Civil Code.
ARTICLE 16 – Termination of the contract
16-1 – Resolution for excessive revised price
The resolution for excessive revised price will not, notwithstanding the clause Resolution for failure by a party to meet its obligations listed belowafterwards, intervene only 15 days after the sending of a formal notice declaring the intention to apply this clause notified by registered letter with acknowledgment of receipt or any extrajudicial act.
16-2 – Resolution for unforeseen circumstances
The resolution for the impossibility of performing an obligation that has become excessively onerous cannot, notwithstanding the clause Resolution for failure by a party to fulfill its obligations listed below afterwards, intervene only 15 days after the sending of a formal notice declaring the intention to apply this clause notified by registered letter with acknowledgment of receipt or any extrajudicial act.
16-3 – Resolution for non-performance of a sufficiently serious obligation
The defaulting Party may, notwithstanding the Resolution for breach of one Party’s obligations clause set out below, in the event of a sufficiently serious breach of any of the obligations incumbent on the other Party, notify by registered letter with acknowledgment of receipt request to the Defaulting Party, the wrongful resolution hereof, 15 days after the sending of a formal notice to comply remained unsuccessful, and this in application of the provisions of article 1224 of the Civil Code.
16-4 – Resolution for force majeure
The resolution ipso jure due to force majeure cannot, notwithstanding the clause Resolution for failure by a party to fulfill its obligations listed belowafter, take place only 15 days after the sending of a formal notice notified by registered letter with acknowledgment of receipt or any extrajudicial act.
16-5 – Resolution for a party’s failure to fulfill its obligations
In the event of non-compliance by either party with the following obligations:
the non-payment of the goods ordered by the Client referred to in the articles of this contract, it may be resolved at the discretion of the injured party.
It is expressly understood that this resolution for a party’s failure to fulfill its obligations will take place as of right, the formal notice resulting from the sole fact of the non-performance of the obligation, without summons or execution of formalities.
16-6 – Provisions common to resolution cases
It is expressly agreed between the Parties that the debtor of an obligation to pay under this agreement shall be validly placed in default by the sole exigibility of the obligation, in accordance with the provisions of Article 1344 of the Civil Code.
ARTICLE 17 – Applicable law – Language
These General Terms and Conditions of Sale and the transactions resulting from them are governed by and subject to French law.
These General Terms and Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text would be authentic in case of dispute.
ARTICLE 18 – Disputes
All disputes to which the purchase and sale transactions concluded pursuant to these general terms and conditions of sale could give rise, concerning their validity, interpretation, execution, their termination, their consequences and their consequences and which could not be resolved between the seller and the customer will be submitted to the competent courts under the conditions of common law.
The Client is informed that he may in any case resort to conventional mediation, notably with the Consumer Mediation Commission (C. consom. art. L 612-1) or with existing sectoral mediation bodies, and whose references appear on the website “www.lafrenchcigogne.fr” or to any alternative dispute resolution method (conciliation, for example) in case of a dispute.
ARTICLE 19 – Pre-contractual information – Client’s acceptance
The fact for a natural person (or legal entity), to order on the website “www.lafrenchcigogne.fr“implies full and complete adherence and acceptance of these General Terms and Conditions of Sale and obligation to pay for the ordered Products, which is expressly recognized by the Customer, who waives, in particular, to avail themselves of any contradictory document, which would be unenforceable against the Seller.
APPENDIX I – LEGAL WARRANTY PROVISIONS
Article L217-4 of the Consumer Code
The seller is required to deliver a good in conformity with the contract and is liable for any defects of conformity existing at the time of issue. He also responds to defects of conformity resulting from the packaging, assembly instructions or installation when it has been charged to him by the contract or has been carried out under his responsibility.
Article L217-5 of the Consumer Code
- Be suitable for the use usually expected of a similar good and, where applicable: correspond to the description given by the seller and possess the qualities that heit has presented to the buyer in the form of a sample or model presenting the qualities that a buyer can legitimately expect given the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling
- Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the seller’s attention and that the latter has accepted.
Article L217-12 of the Consumer Code
The action resulting from the lack of conformity is prescribed by two years from the issuance of the good.
Article L217-16 of the Consumer Code
When the buyer requests from the seller, during the course of the commercial guarantee granted to him upon the acquisition or repair of a movable property, a restoration covered by the guarantee, any period of immobilisation of at least seven days is added to the duration of the guarantee that remained to run. This period runs from the buyer’s request for intervention or the provision for repair of the property in question, if such provision is subsequent to the request for intervention.
Article 1641 of the Civil Code
The seller is bound by the warranty for hidden defects in the thing sold which render it unfit for its intended use, or which so impair this use that the buyer would not have bought it, or would only have given a lower price for it, if he had known them.
Article 1648 paragraph 1 of the Civil Code
The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.
It is reminded that the Products sold on the website “www.lafrenchcigogne.fr are mostly second-hand items, so-called ‘flea market’ items; often old and may have imperfections and/or marks of wear and use. Due to their age, these second-hand products may not meet the safety standards currently in force on French territory; they cannot meet the same requirements as a new product.
APPENDIX II – WITHDRAWAL FORM
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on “www.lafrenchcigogne.fr” except exclusions or limits to the exercise of the right of withdrawal according to the applicable General Terms and Conditions of Sale.
To the attention of:
Lafrenchcigogne
Antic and design associated
– Order of the “Date
– Order number: …………………………………………………..
– Name of the Client: …………………………………………………………………
– Client’s address: ……………………………………………………………..
Signature of the Client (only in case of notification of this form on paper):