General information :

Seller :
SARL JEREM'J INTERNATIONAL (Brand BALP)
88 rue Fontvielle
43120 La Chapelle d'Aurec
France

Tel : 04 71 75 90 35
Email: commande@balp-france.fr - Website: www.balp-france.fr

- These general terms and conditions of sale apply to all sales made by the seller to buyers. 

- The customer declares that he/she has read and accepted the general terms and conditions of sale prior to placing his/her order. Validation of the order therefore implies acceptance of the general terms and conditions of sale without reservation.

1. Conditions of application :

These general terms and conditions of sale set out the obligations of the customer and the seller. They are binding on both parties. Any terms and conditions other than these are considered null and void. Any deviation from these terms and conditions is only valid if confirmed in writing by the seller. If a condition of sale is missing, it will be governed by current practice in the distance selling sector for companies based in France.

These general terms and conditions are applicable as soon as they are published and remain valid as long as they are not modified or cancelled by the seller. 

The customer acknowledges having read and accepted the general terms and conditions of sale prior to placing his/her order, in a legible and comprehensible manner, and all the information listed in article L. 221-5 of the French Consumer Code. In accordance with the provisions of the French Civil Code on the conclusion of online contracts, the contract will be concluded when you click on the button allowing you to confirm your order, after having viewed the details of your order, and in particular: 

• the essential characteristics of the product, 
• the price of the goods and/or the method of calculating the price, 
• where applicable, any additional transport, delivery or postage charges and any other charges that may be payable,
• In the absence of immediate performance of the contract, the date or deadline by which the seller undertakes to deliver the goods, whatever their price,
• information relating to the identity of the seller, its postal, telephone and electronic contact details, and its activities, information relating to the legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence and terms of implementation of the guarantees and other contractual conditions
• and to have had the opportunity to correct any errors. The customer thus acknowledges his obligation to pay. The language proposed for the conclusion of the contract is French.

- Contracts concluded on our website (data relating to your order and general terms and conditions of sale in force on the date of your order) are archived for a period of 10 years. You can access the archived contracts by making a request by e-mail to commande@balp-france.fr or by post to Jerem'J international, 88 rue Fontvielle, 43120 La Chapelle d'Aurec, France.

These purchases concern the following products: CUTLERY, CEREMONIAL SWORDS, ACCESSORIES.

2. Offer and contracting :

2.1 Products: 

- The products offered for sale are those described on the www.balp-france.fr website on the day the Customer consults the site. They are offered while stocks last.

- The products are described and presented as accurately as possible. However, the seller may not be held liable for any errors or omissions in this presentation. 

- The photographs of the products are not contractual.

2.2 Price:

- The prices indicated by the seller are prices inclusive of all taxes (VAT included at the current legal rate) in Euros, ex-works prices (shipping costs not included), packaging included (unless otherwise indicated in writing, in all cases, any additional costs that may be charged to the buyer are indicated before the contract is concluded). If the VAT rate in force is modified (either upwards or downwards), this change may be reflected in the price of the articles.

- If, after conclusion of the contract, a substantial change occurs in the seller's costs due to price changes by suppliers, or taxes or contributions, in particular environmental taxes, which are created or modified, the seller is entitled to make an appropriate adjustment to the prices for deliveries to be made more than three months after conclusion of the contract. If the price increases by more than 10%, the purchaser is entitled to cancel the contract. 

- All quotations remain valid for 1 month from the date they are sent to the customer.

- Even if defects, complaints or counterclaims have been made, the purchaser may only have recourse to a settlement, retention or reduction if the counterclaims have been legally established and are not contested. Deductions from invoices and deductions for the disposal of packaging material are not permitted.

2.3 Ordering:

- The seller's offers are binding. In order to be legally valid, declarations of acceptance and all orders require written confirmation or confirmation by the quickest possible means from the seller. The same applies to supplements, amendments or subsidiary agreements.

- If the seller provides the buyer with samples, these remain the property of the seller until full payment has been received. If, after conclusion of the contract, the seller becomes aware of facts, in particular delays in payment for previous deliveries, which, on the basis of a proper commercial assessment, suggest a significant deterioration in assets, the seller is entitled to demand advance payment or corresponding security and, if this is not possible, to cancel the contract. Partial deliveries already made are payable immediately.

- The purchaser may place an order online, from the online catalogue and using the form provided therein, for any product, while stocks last.

- The buyer will be informed of any unavailability of the product or good ordered.

- In order for the order to be validated, the buyer must accept these general conditions by clicking where indicated. They must also choose the delivery address and method, and finally validate the method of payment.

 

The sale will be considered final :

- after the seller has sent the buyer confirmation of acceptance of the order by e-mail.

- and after receipt by the seller of the full price.

Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will be dealt with in the context of a possible exchange and the guarantees mentioned below.

In certain cases, notably non-payment, incorrect address or any other problem with the buyer's account, the seller reserves the right to block the buyer's order until the problem has been resolved.

For any questions relating to the tracking of an order, the purchaser may call the following telephone number: 04 71 75 90 95 (cost of a local call), on the following days and at the following times: Monday to Friday, 9.00 am to 6.00 pm, or send an e-mail to the seller at the following e-mail address: commande@balp-france.fr

2.3.1 Modification or cancellation of the order :

- Any modification of the order requested by the customer is subject to the express acceptance of JEREM'J INTERNATIONAL. The order expresses the customer's irrevocable consent; it cannot therefore be cancelled, unless expressly agreed in advance by JEREM'J INTERNATIONAL. In this case, the customer will compensate JEREM'J INTERNATIONAL for all costs incurred and for all direct or indirect consequences arising from this. In addition, the deposit already paid will be retained by JEREM'J INTERNATIONAL.

2.4. Payment:

All orders imply an obligation to pay the full price when the order is placed. 

To pay for the order, the purchaser may choose from all the methods of payment made available by the seller and listed on the seller's website. The purchaser guarantees the seller that he/she has the necessary authorisations to use the method of payment chosen by him/her when validating the order form. The seller reserves the right to suspend any order processing and any delivery in the event of refusal to authorise payment by bank card by the officially accredited bodies or in the event of non-payment. In particular, the seller reserves the right to refuse to make a delivery or to honour an order from a buyer who has not paid in full or in part for a previous order or with whom a payment dispute is in progress.

 Payment can be made :

• By credit card, securely and directly online (subject to online availability)
• By bank transfer to the account indicated on the order confirmation.
• By cheque made out in euros to JEREM'J INTERNATIONAL, drawn on a bank domiciled in mainland France. Cheques are cashed on receipt of the order, and products are only dispatched once they have been cashed (within a minimum of 15 working days after cashing).

- No cash on delivery.

- A payment is only considered complete when the seller has the full amount at its disposal.

- The seller shall be entitled to deduct costs, interest or older debts in the event of late payment first, and the main service last.

- If the buyer is in arrears with his payments, the seller is entitled to charge interest in the amount of the legal interest rate in force. In the event that full payment is not received by the date agreed by the parties, the seller reserves the right to take back the delivery and to dissolve the contract.

- In the event of early payment, no discount will be applied.

- In the event of late payment, penalties will be calculated on the basis of 3 times the legal interest rate, per day of delay (Decree 2009-138 of 9 February 2009). In addition, a flat-rate penalty of 40 euros (Decree no. 2012-1115 of 02/10/12) will be payable to cover collection costs.

2.5 Delivery :

2.5.1 Delivery time :

- Delivery time: 3 to 5 working days to your home. Please note that we cannot be held responsible for carrier delays. Unless otherwise confirmed in writing. In the event of stock shortage, please allow a minimum of 30 days.

- If delivery times are stipulated, they are nonetheless only indicative and may be called into question in the event of circumstances beyond the control of JEREM'J INTERNATIONAL or due to the action or inaction of the customer. No delay may give rise to compensation or refusal of the products.

- If the customer wishes a precise delivery date - he must inform the seller before ordering - otherwise the order will be processed as quickly as possible but according to production. Delivery times are indicative and may vary. Unless we give a written undertaking, they cannot be contested in the event of a delay in delivery. 

- In the event of non-compliance with the agreed delivery date or deadline, the buyer must, before breaking the contract, give the seller the opportunity to perform within a reasonable additional period. If the seller fails to meet the agreed delivery date or timeframe by the end of this new period, the buyer may freely terminate the contract.

- If the product ordered is unavailable, the buyer will be informed as soon as possible and will have the option of cancelling the order. The buyer will then have the choice of requesting either a refund of the sums paid within 14 days of their payment, or an exchange of the product.

2.5.2 Delivery:

- For France, delivery is free of charge for orders over 350.00 euros including VAT. The minimum order value is 1.00 euro excluding VAT, unless express prior written agreement has been given by JEREM'J INTERNATIONAL. For further details and information and for other countries, please consult the shipping conditions page.

- Products are delivered to the delivery address indicated by the buyer during the order process. Any other delivery address may give rise to additional costs, the amount of which will be the subject of an estimate drawn up in advance by the seller and accepted by the buyer.

- All deliveries must be made in the presence of the delivery person and the contents must be systematically checked before signing the delivery note. We check all our products before dispatch, but any anomaly concerning the delivery must be indicated on the delivery note in the form of handwritten reservations accompanied by the customer's signature. The customer must also confirm these reservations to the carrier at the latest within two working days of receiving the parcel and send a copy of the letter to JEREM'J INTERNATIONAL. If the products must be returned, they must be done so within two working days following delivery. Any claim made after this time cannot be taken into account. If, at the time of delivery, the original packaging is damaged, torn or open, the purchaser must check the condition of the items. If they have been damaged, the buyer must refuse the parcel and note a reservation on the delivery note (parcel refused because opened or damaged).

- The purchaser must indicate any anomaly concerning the delivery on the delivery note in the form of handwritten reservations accompanied by his/her signature (damage, missing product compared to the delivery note, damaged parcel, broken products, etc.).

- In the event of a problem with the delivery, please contact us as soon as possible.

- At the time of dispatch, a tracking number will be sent to the customer. Please track your parcel when it is dispatched to ensure that you are present at the time of delivery and to avoid returns due to the recipient not being present. If the purchaser is absent on the day of delivery, the deliveryman will leave a delivery notice in the letterbox, which will allow the package to be collected at the place and time indicated. Any parcel returned to the seller because of an incorrect or incomplete delivery address will be resent at the buyer's expense.

- If the products need to be returned to the seller, they must be returned to the seller within 14 days of delivery. Any claim made outside this period will not be accepted. Products may only be returned in their original condition (packaging, accessories, instructions, etc.).

 

Retention of title:

- The seller retains ownership of goods exceptionally delivered before payment has been made, until the date of full and effective payment of the price. In the event of a dispute arising before this date, the seller may, in its own right, demand recovery of its goods. However, the customer becomes responsible for the articles as soon as they are delivered (responsibility does not mean ownership).

- Until all claims have been paid, the products remain the property of the seller. In the event of the buyer failing to meet a payment deadline, JEREM'J INTERNATIONAL, without prejudice to its other rights, may obtain, by registered letter, the return of the equipment at the buyer's expense until the latter has fulfilled all its commitments.

- The goods remain the property of the seller. Modifications or conversions shall always be carried out for the seller in its capacity as manufacturer, but without any obligation on its part. If the seller's (co-)ownership lapses by association, it is hereby agreed that the seller's (co-)ownership of the entire item shall pass proportionately (invoice value) to the seller. The buyer retains the (co-)ownership free of charge. The goods in which the seller has (co-) ownership are hereinafter referred to as the goods subject to retention of title.

- The purchaser is entitled to process and resell the goods subject to the reservations in a proper commercial manner, provided that he is not in arrears with payments. Any pledging or transfer of security is prohibited. The Buyer hereby assigns all claims (including all current account balance claims) arising from the resale or other legal basis (insurance, unlawful action) in respect of the reserved goods to the Seller with immediate effect for security purposes. The seller hereby revocably empowers the seller to collect, in its own name, the receivables assigned to the seller on the seller's behalf. The power of collection may only be revoked if the buyer fails to meet his payment obligations in good and due form.

- If third parties gain access to the goods subject to reservations, the buyer shall draw attention to the seller's ownership and inform the seller immediately.

- In the event of conduct contrary to the contract - in particular late payment - the seller is entitled to take back the reserved goods or, where applicable, to demand that the buyer assigns any restitution claims against third parties. Surrender or pledging of the reserved goods by the seller - insofar as the Consumer Credit Act does not apply - does not imply cancellation of the contract.

- The buyer shall bear the risk of any damage that the products may suffer or cause for any reason whatsoever.

2.5.3 Return of goods :

In the event of delivery errors :

The purchaser must notify the seller on the day of delivery or, at the latest, on the first working day following delivery, of any claim of error in delivery and/or non-conformity of the products in kind or in quality compared to the indications on the order form. Any claim made after this deadline will be rejected.

The claim can be made according to your choice:

By telephone: 04 71 75 90 35
By email: commande@balp-france.fr

Any complaint not made in the rules defined above and within the time limits could not be taken into account and will release the salesman from any responsibility with respect to the purchaser.

In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned, at the seller's expense, in its entirety and in its original packaging, to the following address JEREM'J INTERNATIONAL 88 Rue Fontvielle 43120 La Chapelle d'Aurec, France. A return slip will be sent to the buyer.

3. Warranty:

All defects, obvious errors in quantity or delivery must be notified in writing within 7 days, but in any case before use or processing.

- The warranty period begins on the date of delivery: Failure by the purchaser to follow certain instructions for use or maintenance or any modification to the products or the use of parts that do not correspond to the original specifications will invalidate the warranty. In the event of a justified complaint, the seller may, at its discretion :

• repair the defective part or appliance and return it to the purchaser;
• the purchaser makes the defective part or appliance available to the seller and a member of the seller's staff is sent to the purchaser's premises to carry out the repair.
• If the repair fails after an appropriate period, the seller is entitled either to supply a replacement or to issue a credit note.
• In order to eliminate the defect, the purchaser must allow time to be determined fairly and must be given the opportunity to make available the offending item or a sample of it. Otherwise the warranty will lapse. If there is any doubt as to the validity of the claim, the seller is entitled to have an expert opinion carried out in the first instance.
• If the Seller is unable to remedy the defect or supply a replacement within an appropriate period, or if the Seller is unable or refuses to remedy the defect or supply a replacement, the Buyer shall be entitled, at his option, to cancel the contract or to demand a reduction in the purchase price.
• All liability is excluded in the event of normal wear and tear, natural wear and tear and improper use or handling observed after examination in our workshop.

- Return postage costs are the sole responsibility of the purchaser. Re-shipment costs shall be borne by the seller.

- The guarantee only applies to direct purchases and is not transferable.

- The cost of returning the product shall be borne by the purchaser. Products must be returned in their original condition (packaging, instructions, etc.). The costs of return shipment shall be borne by the seller.

- No loan of equipment will be made for the replacement of defective equipment.

- The legal guarantee applies under the conditions laid down by law. The rights referred to in articles L.211-4, L.211-5, L.211-12 of the French Consumer Code and articles 1641 and 1648 paragraph 1 of the French Civil Code apply. Please consult the most recent version of these texts on the website: www.legifrance.fr

- The above paragraphs cover all warranty claims on the products and exclude all other warranty claims of any kind.

3.1 Legal guarantee of conformity

- The seller guarantees the conformity of the goods sold with the contract, enabling the buyer to make a claim under the legal guarantee of conformity provided for in articles L. 217-4 et seq. of the French Consumer Code.

- All our products come with a manufacturer's warranty: 

The seller guarantees that the products are free from manufacturing and material defects for the period imposed by legislation. (2 years from delivery of the product).
The buyer may choose between repairing or replacing the product, subject to the cost conditions set out in article L. 217-17 of the French Consumer Code.
- The warranty does not cover abnormal or non-compliant use of the products. It is therefore IMPERATIVE to systematically consult and comply with the instructions for use provided. The guarantee is not covered if normal storage, installation and maintenance conditions are not respected. It is also essential to follow the safety instructions supplied with the products. Our products must only be used for parades and not for fights or show fights.

3.2 Legal guarantee against hidden defects

- In accordance with Articles 1641 et seq. of the French Civil Code, the seller is liable for any hidden defects that may affect the goods sold. It is up to the buyer to prove that the defects existed when the goods were sold and are such as to render the goods unfit for their intended use. This warranty must be invoked within two years of discovery of the defect. 
The buyer may choose between rescinding the sale or reducing the price in accordance with article 1644 of the French Civil Code.

4. Return of goods and right of withdrawal:

- The customer has a period of 14 clear days from receipt of the product during which he may refuse the product. Any claim made after this period may be rejected. To exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail).

Before any return, the buyer must contact the seller. Exceptions are personalised items with engraving and special productions.

- In the event of retraction, JEREM'J INTERNATIONAL is obliged to reimburse the sums paid by the buyer, free of charge.

- Reimbursement will be made within 14 days of receipt of the returned goods, subject to compliance with the general conditions set out.

- Any equipment used by the purchaser will not be returned or exchanged.

- The cost of returning goods is borne by the purchaser.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) to the following address: 

JEREM'J INTERNATIONAL - 88 rue Fontvielle - 43120 La Chapelle d'Aurec - France.
- All personalised products cannot be returned except in the case of error or non-conformity of the product itself. Under no circumstances will an engraving error entitle the customer to return the product.

- Damaged, soiled or incomplete products cannot be returned.

- In the event of a dispute, you can consult Regulation (EU) No. 524/2013 on the "Online settlement of consumer disputes": http://ec.europa.eu/consumers/odr/

Consequences of restitution:

- In the case of efficient restitution, the services received on both sides must be returned and, where applicable, the benefits derived (e.g. benefits due to use) must be returned. In the event of damage to the goods, a replacement value may be demanded. This clause does not apply if the deterioration of the goods is exclusively due to an inspection, as may be the case, for example, in a retail shop. In addition, it is possible to avoid this obligation to substitute value by not using the goods as owner and by avoiding any activity that could damage their value.

Exceptions
According to Article L221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for contracts :
- contracts for the supply of goods whose price depends on fluctuations in the financial market beyond the control of the professional and which may occur during the withdrawal period;
- the supply of goods made to the consumer's specifications or clearly personalised;
- the supply of goods likely to deteriorate or expire rapidly;
- the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
- the supply of goods which, after delivery and by their nature, are indissociably mixed with other items;
- the supply of alcoholic beverages the delivery of which is deferred for more than thirty days and the value of which agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the trader;
- maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by the consumer, within the limit of spare parts and work strictly necessary to respond to the emergency;
- the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery ;
- the supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
- the supply of digital content not supplied on a tangible medium, performance of which has begun after the consumer's express prior agreement and express waiver of his right of withdrawal.

5. Force majeure:

Any circumstances beyond the control of the parties preventing the performance of their obligations under normal conditions shall be considered as grounds for exoneration from the parties' obligations and shall result in their suspension.
The party invoking the aforementioned circumstances must immediately notify the other party of their occurrence, as well as of their disappearance.
Force majeure" means any irresistible, unforeseeable, unavoidable event or circumstance beyond the control of the parties, which cannot be prevented by the parties, despite all reasonable efforts. The following are expressly considered as cases of force majeure or fortuitous events, in addition to those usually accepted by the jurisprudence of French courts and tribunals: blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning, stoppage of telecommunication networks or difficulties specific to telecommunication networks external to customers.
The parties will meet to examine the impact of the event and agree on the conditions under which performance of the contract will continue. If the case of force majeure lasts longer than three months, the present terms and conditions may be terminated by the injured party.

6. Intellectual property :

The content, text, photos, etc. of the www.balp-france.fr website remains the property of the seller, who is the sole owner of the intellectual property rights to this content. Buyers, or any other visitors or resellers, undertake not to make any use of this content without the prior agreement of the seller. Failure to do so may constitute an infringement of copyright. 

7. Applicable law :

- These terms and conditions and all legal relations between the seller and the buyer are governed by French law. The language of this contract is French. In the event of a dispute, the Court of Le Puy en Velay (Haute-Loire - France) shall have sole jurisdiction.

- The commercial law of the United Nations (CISG) is excluded.

- Insofar as the purchaser is a fully-fledged merchant within the meaning of the French Commercial Code, a legal entity under public law or a separate estate under public law, the exclusive place of jurisdiction is La Chapelle d'Aurec (43120) for all disputes arising directly or indirectly from the contractual relationship.
The place of performance for deliveries and payments is La Chapelle d'Aurec (43120).

- The invalidity of any provision of these terms and conditions or of any condition under any other agreement shall not affect the validity of any other provision or agreement.

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

- In the event of a dispute or claim, the buyer shall first contact the seller to obtain an amicable solution.

8. Liability :

- The products offered comply with current French legislation and standards applicable in France. 

- The photographs, texts, graphics, information and characteristics reproduced and illustrating the products sold are as accurate and explicit as possible, but are in no way contractual. JEREM'J International cannot be held responsible for any errors or omissions in any of the presentations or for any changes in the characteristics of the products by the suppliers.

- JEREM'J INTERNATIONAL cannot be held responsible for non-performance of the contract in the event of stock shortage or unavailability of the product, force majeure, disruption or total or partial strike, notably of transport services.

9. Data protection :

- The Vendor collects personal data concerning the Customer, in particular when creating an account or placing an order. This data may include name, address, e-mail address, telephone number, etc. The Customer consents to the collection and processing of his/her personal data for the purposes of executing the sales contract.

- cookies: cookies are used as part of the use of the site. Users can deactivate cookies using their browser settings.

- The invalidity of any provision of these general terms and conditions of sale or of any condition under any other agreement shall not - We will only pass on your personal data, including your postal address and e-mail address, to third parties with your express consent, which may be revoked at any time. Exception: Our partners involved in the processing of orders requiring the transmission of data (e.g. the shippers responsible for delivery and the credit institution responsible for processing payment...). In these cases, the data transmitted is limited to the strict minimum.

- We implement technical and organizational security measures to protect your data against accidental or deliberate manipulation, loss or destruction, and to prevent unauthorized access. 

- In accordance with the French Data Protection Act no. 79-17 of January 6, 1978, customers have the right to access, rectify and object to any personal data concerning them, free of charge.

10. Language of contract :

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

11. Mediation and dispute resolution

"In the event of a dispute between the professional and the consumer, they will endeavor to find an amicable solution.

If no amicable agreement can be reached, the consumer may refer the matter free of charge to the consumer mediator to which the professional belongs, i.e. the Association of European Mediators (AME CONSO), within one year of the written complaint sent to the professional.

Referral to the Consumer Mediator must be made :

- either by completing the appropriate form on the AME CONSO website: www.mediationconso-ame.com ;

- by post to AME CONSO, 11 Place Dauphine - 75001 PARIS.

12. Data protection :  

The nominative data provided by the purchaser is necessary for the processing of his/her order and the preparation of invoices.

It may be communicated to the seller's partners responsible for the execution, processing, management and payment of orders.

The buyer has a permanent right of access, modification, rectification and opposition with regard to information concerning him/her. This right may be exercised under the terms and conditions defined on the www.balp-france.fr website.

13. Collection of reviews:

We use Société des avis garantis as an independent service provider for the collection of customers reviews. Société des avis garantis has taken steps to ensure that these reviews are genuine. More information (https://www.guaranteed-reviews.com/)

 

Please send us your requests by e-mail or post:

JEREM'J INTERNATIONAL

88 rue Fontvielle

43120 La Chapelle d'Aurec

France

or Email: commande@balp-france.fr

 

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Extract from the French Consumer Code

Article L. 217-4: "The seller delivers goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery.

He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was made his responsibility by the contract or was carried out under his responsibility."

Article L. 217-5: "The goods conform to the contract:

1° If it is fit for the purpose usually expected of similar goods and, where applicable:

- if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model;

- if it has the qualities that a buyer may legitimately expect, having regard to public statements made by the seller, the producer or his representative, particularly in advertising or labelling;

2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter."

Article L. 217-6: "The seller is not bound by the public declarations of the producer or his representative if it is established that he did not know them and was not legitimately in a position to know them".

Article L. 217-7: "Conformity defects which appear within twenty-four months of delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is six months. The seller may rebut this presumption if it is not compatible with the nature of the good or the lack of conformity claimed."

Article L. 217-8: "The buyer has the right to demand that the goods conform to the contract. He may not, however, contest conformity by invoking a defect of which he was aware or could not have been unaware when he entered into the contract. The same applies when the defect is due to materials supplied by the purchaser.

Article L. 217-9: "In the event of a lack of conformity, the buyer may choose between repair and replacement. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate to the other option, taking into account the value of the good or the importance of the defect. He is then obliged to proceed, unless this is impossible, according to the method not chosen by the buyer."

Article L. 217-10: "If repair or replacement of the good is impossible, the buyer may return the good and have the price refunded, or keep the good and have part of the price refunded. The same option is open to him: 1° If the solution requested, proposed or agreed in application of article L. 217-9 cannot be implemented within one month of the buyer's complaint; 2° Or if this solution cannot be implemented without major inconvenience for the buyer, given the nature of the good and its intended use. However, the sale may not be rescinded if the lack of conformity is minor."

Article L. 217-11: The application of the provisions of articles L. 217-9 and L. 217-10 is at no cost to the buyer. These same provisions do not preclude the award of damages.

Article L. 217-12: "Action resulting from a lack of conformity is barred after two years from delivery of the goods.

Article L. 217-13: "The provisions of the present section do not deprive the purchaser of the right to bring an action resulting from redhibitory defects, as provided for in articles 1641 to 1649 of the French Civil Code, or any other action of a contractual or extra-contractual nature recognized by law."

Article L. 217-14: "The final seller may take recourse action against successive sellers or intermediaries and the producer of the tangible personal property, in accordance with the principles of the Civil Code.

Article L. 217-15: "A commercial guarantee is any contractual commitment by a professional to a consumer to reimburse the purchase price, replace or repair the good, or provide any other service related to the good, in addition to his legal obligations to guarantee the conformity of the good. 

The commercial warranty is the subject of a written contract, a copy of which is given to the purchaser. 
The contract specifies the content of the warranty, how it is to be implemented, its price, duration and territorial scope, as well as the name and address of the guarantor. 

In addition, it clearly and precisely states that, independently of the commercial warranty, the seller remains bound by the legal warranty of conformity mentioned in articles L. 217-4 to L. 217-12 and that relating to defects in the item sold, under the conditions set out in articles 1641 to 1648 and 2232 of the French Civil Code.

 The provisions of articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 as well as article 1641 and the first paragraph of article 1648 of the French Civil Code are reproduced in full in the contract. 
In the event of failure to comply with these provisions, the warranty remains valid. The purchaser is entitled to avail himself of it."

Article L. 217-16: "When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the purchase or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period.

This period runs from the date of the buyer's request for repair or from the date the item in question is made available for repair, if the item is made available after the request for repair.

Extract from the Civil Code

Article 1641: "The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which so diminish that use that the buyer would not have purchased it, or would have paid a lower price for it, had he known of them."

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