Applicable from May 1, 2019 - last update: 2022/12/19

 ARTICLE 1: DEFINITIONS

In the context of these general terms and conditions of sale, the terms used below have the following meanings, whether used in the singular or plural:

"Customer": refers to the natural person or legal entity purchasing a Product on the Internet Site accessible at www.t-leclerc.com on a personal basis and not in their capacity as a professional;
" General Conditions": refers to the present general sales conditions defining the terms and conditions of sale of Products to Customers by Maison Théophile LeClerc;
" Account": refers to the Customer's account created under the conditions set forth in article 4 of the Terms and Conditions and accessible from the Website;
" MAISON THEOPHILE LECLERC": refers to Maison Théophile LeClerc, a simplified joint stock company with a capital of 100,000.00 Euros, registered in the Paris Trade and Companies Register under number 881 637 656 and whose head office is located at 24 rue Erlanger, 75016 Paris - FRANCE;
"Parties": refers jointly to Maison Théophile LeClerc, a simplified joint stock company with a capital of 100,000.00 Euros and whose head office is located at 24 rue Erlanger, 75016 Paris - FRANCE; Parties": refers jointly to Maison Théophile LeClerc and the Customer;
" Internet Site": refers to the Internet site belonging to Maison Théophile LeClerc, accessible at the address www.t-leclerc.com and from which Customers may purchase Products. The Internet Site includes the infrastructure as well as the content, notably text, sound, still or animated images, videos and databases;
" Products": refers to the products sold on the Internet Site.
 

ARTICLE 2: PURPOSE - ENFORCEABILITY

The Terms and Conditions define the terms and conditions of sale of Products by Maison Théophile LeClerc to Customers.

The General Terms and Conditions are systematically brought to the attention of Customers to enable them to place orders. They apply exclusively to all orders for Products accepted by Maison Théophile LeClerc and prevail over all other conditions, with the exception of those expressly accepted by Maison Théophile LeClerc. Maison Théophile LeClerc shall not be bound by any other terms or conditions until they have been confirmed in writing by Maison Théophile LeClerc.

IMPORTANT: NOTE TO CUSTOMERS

ANY ORDER OF PRODUCTS ON THE WEBSITE IMPLIES THE CUSTOMER'S EXPRESS, PRIOR, FULL AND ENTIRE ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS. BY ACCEPTING THESE TERMS AND CONDITIONS WHEN PLACING AN ORDER, THE CUSTOMER ACKNOWLEDGES THAT HE/SHE IS BOUND BY THEM IN THEIR ENTIRETY.

Maison Théophile LeClerc reserves the right to modify the General Terms and Conditions at any time, notably in order to take into account any legal, jurisprudential, editorial, functional and/or technical evolution. The prevailing version of the General Terms and Conditions is the one accessible online on the day the order is placed. Any order placed by the Customer after publication of the modified General Terms and Conditions implies acceptance of the new General Terms and Conditions.

ARTICLE 3: OFFERS - PRODUCT AVAILABILITY

3.1- Information concerning the Products is provided by Maison Théophile LeClerc through its catalogs, commercial documents and/or is visible on the Internet Site.

Maison Théophile LeClerc makes every effort to ensure that the graphic representation of the Products is as faithful as possible to the Products. However, it is possible that the Customer's perception may not correspond exactly to reality. In this case, Maison Théophile LeClerc cannot be held responsible, as the aforementioned graphic representations have no contractual value.

3.2- Product offers are valid throughout the world, with the exception of the United States of America, Brazil and Australia, for the duration of the validity of catalogs, commercial documents and/or as long as they are visible on the Website, subject to availability at the time the order is received.

Nevertheless, the availability of a Product may vary rapidly depending on sales. Maison Théophile LeClerc therefore makes every effort to regularly update information concerning the availability of Products. Consequently, Maison Théophile LeClerc cannot be held responsible for any failure to update stock information.

In the event that a Product is unavailable after the order has been placed, Maison Théophile LeClerc will inform the Customer by email, giving the new delivery date and/or offering a similar Product at the same price. If necessary, the Customer will have the choice of accepting this new date and/or cancelling the order. Maison Théophile LeClerc will then reimburse the Customer within fourteen (14) days of the cancellation request.

3.3- Maison Théophile LeClerc reserves the right to modify the list of Products offered for sale, in particular according to constraints linked to raw materials, without prejudice to orders placed by the Customer.

Maison Théophile LeClerc reserves the right to modify the specifications, characteristics and content of the Products, if these modifications result from the application of standards, texts or regulations, whatever they may be, applicable to the Products. These modifications and/or withdrawals may occur at any time without prior notice, including after the Customer has placed an order. In such a situation, Maison Théophile LeClerc will inform the Customer by any means. The Customer may then request a refund or choose a product similar to the Product ordered.

ARTICLE 4: CREATING AN ACCOUNT

4.1- To place an order, the Customer may, if he wishes, create an account by clicking on the "create an account" tab.

To do so, they must complete the online registration form.

The Customer undertakes to provide true, accurate, up-to-date and complete information about his/her identity, in accordance with article 6-II of law n°2004-575 of June 21, 2004 on confidence in the digital economy. In particular, the Customer undertakes not to create a false identity of such a nature as to mislead Maison Théophile LeClerc or third parties and not to usurp the identity of another natural or legal person. The Customer undertakes to immediately update the data he/she has communicated in the event of any modification to said data.

The Customer then receives an email confirming the creation of his Account.

4.2- In the event that the Customer provides information that is false, inaccurate, erroneous, out of date, incomplete, misleading or likely to mislead, Maison Théophile LeClerc may, immediately and without notice or compensation, suspend or terminate the Customer's Account and deny temporary or permanent access to the Website. Furthermore, Maison Théophile LeClerc may not be held liable in the event of non-performance and/or partial performance of its obligations relating to the provision of information of this nature.

4.3- The Account is accessible to the Customer by means of his/her login and password, which are his/her sole responsibility. The Customer undertakes to keep these secret and not to divulge them in any form whatsoever. If one of the elements of the Identifier is lost or stolen, the Customer must inform Maison Théophile LeClerc without delay, who will then cancel and/or update the identifier concerned. The Customer may also use the Forgotten password or Modify my password functions.

The Customer is entirely responsible for safeguarding the confidentiality of the password entrusted to him. In this respect, the Customer is responsible for ensuring, at the end of each session, that he/she has effectively disconnected from the Website, in particular when accessing the Website from a public computer.

4.4- En cas de perte de son mot de passe, le Client a la possibilité de demander un nouveau en cliquant sur le lien « mot de passe oublié ».<

4.5- At any time, the registered Customer may decide to deactivate his Account in accordance with article 13 of the General Terms and Conditions.

ARTICLE 5: ORDERS

5.1- Customers wishing to place an order warrant that they are acting personally, on their own behalf, are 18 years of age or older, are fully entitled to use the means of payment and that such means of payment provide access to sufficient funds to cover all costs resulting from the purchase of the Products.

Maison Théophile LeClerc reserves the right to refuse orders from any Customer (i) in the event of unavailability of the Products designated by the Customer in his/her order, (ii) in the event of the existence of a dispute between the Customer and Maison Théophile LeClerc concerning a previous order and/or the payment of invoices from Maison Théophile LeClerc.

5.2- The ordering process is as follows:

The Customer consults the Products;
He must then:select the desired Product(s);
create an Account or log in if previously registered; Creating an Account is optional
confirm the billing address, delivery address.
The Customer then has access to a summary of his order enabling him to check the accuracy of the data (products ordered, identity, delivery address...etc)
The Customer is finally asked to validate his order.
 

5.3- The order will only become definitive once Maison Théophile LeClerc has received and cashed the payment made by the Customer in accordance with the terms and conditions set out in article 7 of the General Terms and Conditions.

Once the order has been placed, Maison Théophile LeClerc will automatically send an email confirming the order to the Customer at the address given when the Account was created or when the order was placed, confirming the order.

Customers can track the status of their orders in the "My Account/Orders" section of the Website.

ARTICLE 6: PRICES

6.1- Orders placed on the Website are subject to a charge.

The prices of the Products are indicated on the Product sheets in euros, inclusive of all taxes and exclusive of delivery charges. Shipping costs depend on the weight of the Products and the country of delivery. They are specified to the Customer in the order summary before the order is validated.

Shipping costs are as follows:

FREE SHIPPING FOR ALL ORDERS OVER 50 EUROS INCLUDING VAT FOR METROPOLITAN FRANCE AND BELGIUM
FREE SHIPPING 5.95 EUROS FOR ALL ORDERS LESS THAN 50 EUROS INCLUDING VAT FOR METROPOLITAN FRANCE AND BELGIUM.
FOR ALL OTHER GEOGRAPHIC AREAS, COLISSIMO RATE CATALOGUE FOR SHIPPING WITH OR WITHOUT SIGNATURE: See Colissimo rates.

Prices include VAT applicable on the date of the order. Any change in the applicable rate may be reflected in the prices of the Products after the date of entry into force of the new applicable rate. In this case, Maison Théophile LeClerc will inform the Customer.

6.2- Maison Théophile LeClerc reserves the right to modify the prices displayed on the Website at any time. In this case, the Products will be invoiced to the Customer at the price in force on the day the order is placed.

Prices may also vary for commercial reasons (introductory prices, promotions or sales).

ARTICLE 7: PAYMENT

7.1- Means of payment
Orders placed on the Website are payable :

By bank or credit card (Carte Bleue, Visa, Eurocard, Mastercard). The customer's credit card number and expiry date are entered on the STRIPE server, which ensures the security and confidentiality of the data. No banking information concerning Customers is transmitted via the Internet Site. Payment is made directly to the bank.
Maison Théophile LeClerc has no access to this data, and does not store it on its servers. This is why they are requested from customers for each new transaction;
By PayPal.
By bank transfer: proof by e-mail must be sent to the following address: [email protected]. If the e-mail is not sent, La Maison Théophile LeClerc will have to wait for the bank's validation before sending the parcel.
Cheque: this should be sent by post to the following address: Maison Théophile LeClerc - service E-commerce - 24 rue Erlanger - 75016 PARIS. The order will be dispatched once the cheque has been received.
 

7.2- Date of payment - Effective date of order
In the case of payment by credit card, the Customer's account will be debited with the amount of his purchases at the time of validation of his payment and the order will then become definitive.

In the case of payment by PayPal, the funds are cashed upon receipt by Maison Théophile LeClerc. It is from this date that the order becomes final and that delivery times are calculated.

In the case of payment by bank transfer, the funds are cashed upon receipt by Maison Théophile LeClerc on the bank account of Maison Théophile Leclerc. It is from this date that the order becomes final and that delivery times are calculated.

In the case of payment by cheque, the funds are cashed upon receipt by Maison Théophile LeClerc on the bank account of Maison Théophile LeClerc. It is from this date that the order becomes final and that delivery times are calculated.

7.3- Defaults / delays in payment
In the event of refusal by the bank to debit the credit card or refusal of another means of payment, the order is not final and it is then up to the Customer to contact Maison Théophile LeClerc in order to settle the order by any means. Maison Théophile LeClerc reserves the right to cancel the order without liability.

7.4 - RESERVATION OF TITLE
Maison Théophile LeClerc RESERVES TITLE TO PRODUCTS DELIVERED UNTIL ENTIRE PAYMENT OF THE PRICE IN PRINCIPAL, INTEREST AND ACCESSORIES IN ACCORDANCE WITH ARTICLES 2367 TO 2372 OF THE CIVIL CODE.

DELIVERY OF A DOCUMENT CREATING AN OBLIGATION TO PAY DOES NOT CONSTITUTE PAYMENT WITHIN THE MEANING OF THIS CLAUSE. NON-PAYMENT OF ANY INSTALMENT OR PART OF THE PRICE MAY LEAD TO THE RECLAMATION OF THE PRODUCTS SOLD WITHOUT THE NEED FOR ANY PRIOR FORMAL NOTICE.

THE ABOVE PROVISIONS DO NOT PRECLUDE THE TRANSFER TO THE CUSTOMER OF THE RISKS OF LOSS AND/OR DETERIORATION OF THE PRODUCTS SOLD, AS WELL AS ANY DAMAGE THEY MAY CAUSE, FROM THE DATE OF DELIVERY OF THE PRODUCTS.

UNLESS THE CUSTOMER INCURS ITS OWN RESPONSIBILITY, THE CUSTOMER UNDERTAKES TO IMMEDIATELY INFORM Maison Théophile LeClerc OF ANY FAILURE TO PROVIDE THE PRODUCTS IN FULL.

ARTICLE 8: PRODUCT DELIVERY

8.1- Delivery
The Products ordered by the Customer will be delivered by COLISSIMO to the address given at the time of ordering.

Maison Théophile LeClerc reminds customers that :

The delivery address given at the time of the order (which may be different from the billing address) must be accurate and include all the details necessary for correct delivery;
Any new delivery resulting from an error concerning the information necessary for delivery such as the delivery address, the place of delivery, the accessibility of the place and/or the absence of the Customer will be charged to the Customer. Furthermore, Maison Théophile LeClerc reserves the right to cancel the order.
 

8.2 - Delivery times
Customers may be reminded of delivery times when finalizing their order and in the confirmation email sent to them.

Whatever the order method, please note that delivery times only begin to run from the day on which the order becomes final.

If the Customer orders Products that can be delivered on different dates depending on their availability, the delivery period will be based on the longest period.

8.3 - Delays - defects in delivery
In the event of a delay in delivery (which in any event must occur within thirty (30) days of the order), the Customer is invited to inform Maison Théophile LeClerc.

Furthermore, in the event of late delivery and/or late availability of the Products in relation to the deadline indicated and as provided for in article L.216-2 of the French Consumer Code :

If, at the time of placing the order, the Customer considered the delivery time to be an essential condition of the sale resulting from the circumstances surrounding the order or from an express request made by the Customer before placing the order, the Customer may cancel the order;
In all other cases, the Customer may request Maison Théophile LeClerc to comply within a reasonable additional period by sending a request on a durable medium, in particular by registered letter with acknowledgement of receipt, to the following address: Maison Théophile LeClerc - SERVICE APRES VENTE - 24 rue Erlanger 75016 Paris - FRANCE
If Maison Théophile LeClerc has still not complied by the end of the reasonable additional period granted by the Customer for delivery, the Customer may inform Maison Théophile LeClerc (using the same methods as those used to grant the reasonable period) of its wish to cancel the order.

The order will then be considered as cancelled upon receipt by Maison Théophile LeClerc of the letter or writing informing it of this cancellation, unless Maison Théophile LeClerc has performed in the meantime.

If the Customer receives the Products after his cancellation request, he will have to refuse them by mentioning "refused for cancellation delay".

Maison Théophile LeClerc will then proceed with the reimbursement of the Products and any return shipping costs, at the latest within fourteen (14) days following the date on which the order was cancelled by the Customer.

If the delay in delivery is caused by a case of force majeure as defined by the jurisprudence of the French courts, Maison Théophile LeClerc will inform the Customer by e-mail that his request for cancellation cannot succeed.

Maison Théophile LeClerc customer service is closed for annual vacations from AUGUST 1st to AUGUST 20th. Orders received more than three working days before the vacation closure will be processed when the customer service department reopens.

8.4 - Product packaging
Products are packaged in such a way as to comply with current transport standards, and to ensure optimum protection. Customers are advised to comply with these same standards when returning Products following cancellation of their order and/or exercise of their right of withdrawal.

8.5 - Tracking delivery / availability of Products
The registered Customer may at any time consult the status of his order on the Website by accessing his Account or the Colissimo tracking website. This tracking enables the Customer to know the status of his order, as well as the status of shipment or delivery of his Products.

8.6 - Verification of Products
Each delivery is deemed to have been made as soon as the Product(s) is (are) made available to the Customer.

Without prejudice to the customer's right of withdrawal as set out in article 9 of the General Terms and Conditions, it is the customer's responsibility to check shipments on arrival and to make any reservations or claims that appear justified, or even to refuse the package if it is likely to have been opened or if it bears obvious signs of deterioration.

Such reservations and claims should be addressed to Maison Théophile LeClerc by :

Mail to : Maison Théophile LeClerc - SERVICE APRES VENTE - 24 rue Erlanger 75016 Paris - FRANCE ;
Telephone : 01 87 76 08 00 ;
Contact form.
within three (3) working days following delivery of the Products.

In this letter, the Customer must provide full justification for the reality of the anomalies observed.

If the non-conformity is proven and Maison Théophile LeClerc agrees to take back the Product, the same Product will be sent by Maison Théophile LeClerc subject to availability. Failing this, the Customer may ask for the order to be cancelled and reimbursed, or for another Product at the same price.

ARTICLE 9: RIGHT OF WITHDRAWAL

9.1 - Principle
In accordance with article L.221-18 of the French Consumer Code, the Customer has a cooling-off period of fourteen (14) clear days from the date of receipt of the Products to return the Products without having to give any reason or pay any penalties.

On the other hand, and in application of article L.221-28 of the French Consumer Code, the withdrawal period is notably excluded for products unsealed after delivery and which cannot be returned for reasons of hygiene or health protection, such as cosmetic products. Engraved products cannot be returned or refunded.

9.2 - Exercising the right of withdrawal
Requests for withdrawal may be made :

By telephone: 01 87 76 08 00;
Via the contact form.
Maison Théophile LeClerc will send the customer an acknowledgement of receipt of the withdrawal request.

9.3 - Effects of exercising the right of retraction
The Products for which the right of retraction has been exercised must be returned by the Customer intact, complete (containing accessories, packaging, instructions as well as any samples offered and other associated elements) and correctly protected to Maison Théophile LeClerc - SERVICE APRES VENTE - 24 rue Erlanger 75016 Paris - FRANCE , in any event, no later than fourteen (14) days following the retraction request. In the event of depreciation of the Product resulting from handling other than that necessary to establish the nature and/or characteristics of the Product, the Customer may be held liable.

Direct return costs and risks associated with the return shall be borne by the Customer.

Maison Théophile LeClerc will reimburse the Products for which the right of withdrawal has been exercised and, where applicable, the delivery costs as soon as possible and no later than fourteen (14) days following the date on which it was informed by the Customer of the wish to withdraw. The date of reimbursement may be postponed until Maison Théophile LeClerc has recovered the Product or until the Customer has provided Maison Théophile LeClerc with proof of shipment of the Product, whichever comes first.

Maison Théophile LeClerc will not be obliged to reimburse any additional costs resulting from the Customer's choice to use a more expensive delivery method than the standard one proposed by Maison Théophile LeClerc.

Refunds will be made by the same method of payment used by the Customer at the time of ordering, unless the Customer expressly agrees to another method of payment being used.

ARTICLE 10: GUARANTEES ON THE T.LECLERC RANGE OF ACCESSORIES

In accordance with legal provisions (article L.217-4 of the French Consumer Code and article 1641 of the French Civil Code reproduced in the appendix), customers benefit from the legal warranties of conformity and latent defects for orders placed on the Website.

When acting on the basis of the legal warranty of conformity, the Customer is informed :

That he/she has a period of two (2) years in which to act, starting from delivery of the Product;
That he/she may choose between repair or replacement of the Product, subject to the cost conditions stipulated in article L.217-9 of the French Consumer Code;
That he/she is exempt from proving the existence of the Product's lack of conformity during the twenty-four (24) months following delivery of the Product.
This legal warranty applies independently of any commercial warranties on the Products. The customer is reminded that he/she may decide to invoke the warranty against hidden defects in the item sold as defined in article 1641 of the French Civil Code, and that in this case he/she may choose between rescission of the sale or a reduction in the sale price in accordance with article 1644 of the French Civil Code.

Any claim under the legal warranties must be addressed to Maison Théophile LeClerc - SERVICE APRES VENTE - 24 rue Erlanger 75016 Paris - FRANCE.

In the event of the legal warranties being invoked, Products must be returned in their complete condition (including accessories, packaging, instructions, samples and other associated items). Shipping costs will be reimbursed to the Customer on the basis of the invoiced rate, and return shipping costs will be reimbursed upon presentation of receipts.

In any event, these provisions do not deprive the Customer of the benefit of his right of withdrawal, as governed by the provisions of article 9 of the General Terms and Conditions.

The Seller's warranty does not cover the following cases:

abnormal use or mishandling of the Products;
force majeure;
installations not complying with the Supplier's specifications;
commercial or collective use;
repairs or modifications carried out by a third party not approved by the Supplier.

ARTICLE 11: LIABILITY

The Products offered comply with French laws and regulations.
Consequently, Maison Théophile LeClerc cannot be held responsible in the event of non-compliance with the legislation of the country where the Product is delivered.

The Customer is solely responsible for verifying the possibility of importing and/or using the Products in the delivery territory not subject to French regulations.

ARTICLE 12: INTELLECTUAL PROPERTY

Certain elements (notably editorial, illustrations, studies and videos) appearing on the Website are protected by intellectual property laws and in particular by copyright and are the exclusive property of Maison Théophile LeClerc and/or its Suppliers.

Furthermore, the trademarks, logos, graphics and animations contained on the Website are the exclusive property of Maison Théophile LeClerc and/or its Suppliers.

It is agreed that the Terms and Conditions do not imply any transfer of Maison Théophile LeClerc's intellectual property rights with respect to the intellectual property elements that may be used on the Website.

Customers therefore refrain from reproducing or exploiting the studies, videos, brands, logos or, in general, any content of the Website without the express prior written authorization of Maison Théophile LeClerc.

ARTICLE 13: ACCOUNT DEACTIVATION

Registration on the Website has no time limit. The registered Customer's Account remains active as long as he/she is registered on the Website.

The customer may cancel his account on the Website at any time, without reason, by sending a request to deactivate his account to Maison Théophile LeClerc via the Contact Form. A copy of the Customer's identity document may be requested in order to avoid any risk of identity theft.

ARTICLE 14: ACCESS TO THE WEBSITE

The Website is accessible seven (7) days a week (7) and twenty-four (24) hours a day (24).

Maison Théophile LeClerc undertakes to use its best efforts to ensure that the Website remains operational within the framework of an obligation of means. However, due to the nature of the Internet, Maison Théophile LeClerc cannot guarantee that the Website will be operational and accessible 7 (seven) days a week and 24 (twenty-four) hours a day.

Maison Théophile LeClerc reserves the right to interrupt the operation of the Website and/or access to the Account at any time, with or without notice, in particular in order to ensure corrective and evolutionary maintenance of the Website, or to change its content or presentation. Insofar as possible, Maison Théophile LeClerc will inform the Customer prior to any corrective or evolutionary maintenance operation.
Furthermore, the Customer is informed that access to the Website may be interrupted for reasons beyond the control of Maison Théophile LeClerc and Maison Théophile LeClerc cannot therefore guarantee uninterrupted access to the Website and/or account.

ARTICLE 15: PROCESSING OF PERSONAL DATA

When browsing the Site, customers are asked to provide personal data.

The provisions relating to this section are available in the Site's privacy policy.

In this respect, the data collected by Maison Théophile LeClerc is used for the purposes and duration set out in the privacy policy. It is intended for use by Maison Théophile LeClerc and its service providers in order to process orders.

In accordance with the French Data Protection Act of January 6, 1978 and Regulation (EU) 2016/679 on the protection of personal data, Customers have the right to access, modify, rectify, limit, port and delete data concerning them.

For any request, the Customer may contact Maison Théophile LeClerc by :

Mail to Maison Théophile LeClerc - SERVICE APRES VENTE - 24 rue Erlanger 75016 Paris - FRANCE.

Via the contact form.

Maison Théophile LeClerc is committed to confidentiality and data protection.

ARTICLE 16: APPLICABLE LAW - DISPUTES

16.1- The General Terms and Conditions are governed by French law.

In the event of a problem, the customer must first contact the customer service department for an amicable solution via the contact form.

16.2- In accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes, Customers have the option of referring the matter to a mediator.

APPENDICES
RIGHT OF WITHDRAWAL

Article L.221-18 of the French Consumer Code
"The consumer has a period of fourteen days in which to exercise his right of withdrawal from a contract concluded at a distance, following canvassing by telephone or off-premises, without having to give any reason for his decision or bear any costs other than those provided for in articles L.221-23 to L.221-25.

The period referred to in the first paragraph runs from the day :

1° On conclusion of the contract, for contracts for the provision of services and those mentioned in article L.221-4 ; 

2° On receipt of the goods by the consumer or a third party, other than the carrier, designated by the consumer, for contracts for the sale of goods. For off-premises contracts, the consumer may exercise his right of withdrawal from the moment the contract is concluded.

In the case of an order for several goods delivered separately, or in the case of an order for a good made up of multiple batches or parts whose delivery is staggered over a defined period, the time limit runs from receipt of the last good, batch or part.

In the case of contracts providing for the regular delivery of goods over a defined period, the period runs from receipt of the first good.

Article L.242-3 of the French Consumer Code
"Any clause by which the consumer abandons his right of withdrawal as defined in article L.221-18 is null and void".

Article L.221-20 of the French Consumer Code
"When information on the right of withdrawal has not been provided to the consumer under the conditions stipulated in 2° of article L.221-5, the withdrawal period is extended by twelve months from the expiry of the initial withdrawal period, determined in accordance with article L.221-18.

However, when this information is provided during this extension period, the withdrawal period expires at the end of a period of fourteen days from the day on which the consumer received this information.

Article L.221-21 of the French Consumer Code
"The consumer exercises his right of withdrawal by informing the professional of his decision to withdraw by sending, before the expiry of the period stipulated in article L.221-18, the withdrawal form mentioned in 2° of article L.221-5 or any other unambiguous statement expressing his wish to withdraw.

The trader may also allow the consumer to fill in and submit online, on his website, the form or declaration provided for in the first paragraph. In this case, the trader shall immediately provide the consumer with an acknowledgement of receipt of the withdrawal on a durable medium".

Article L.221-22 of the French Consumer Code
"The burden of proof that the right of withdrawal has been exercised under the conditions set out in article L. 221-21 lies with the consumer".

Article L.211-23 of the French Consumer Code
"The consumer returns or restitutes the goods to the professional or to a person designated by the latter, without undue delay and, at the latest, within fourteen days of communicating his decision to withdraw in accordance with Article L.221-21, unless the professional offers to collect the goods himself.

The consumer only bears the direct costs of returning the goods, unless the trader agrees to bear them or has failed to inform the consumer that these costs are to be borne by him. However, for off-premises contracts, where the goods are delivered to the consumer's home at the time the contract is concluded, the trader will collect the goods at his own expense if they cannot be returned normally by post due to their nature.

The consumer may only be held liable in the event of depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of these goods, provided that the professional has informed the consumer of his right of withdrawal, in accordance with 2° of Article L.221-5.".

Article L.221-24 of the French Consumer Code
"Where the right of withdrawal is exercised, the trader shall reimburse the consumer for all sums paid, including delivery costs, without undue delay and no later than fourteen days from the date on which he is informed of the consumer's decision to withdraw.
For contracts for the sale of goods, unless the trader offers to collect the goods himself, the trader may defer reimbursement until he has collected the goods or until the consumer has provided proof of dispatch of the goods, whichever is the earlier.
The trader shall make the refund using the same means of payment as the one used by the consumer for the initial transaction, unless the consumer expressly agrees to use another means of payment and insofar as the refund does not incur any costs for the consumer.

The trader is not obliged to reimburse additional costs if the consumer has expressly chosen a more expensive method of delivery than the standard method offered by the trader".

Article L.242-4 of the French Consumer Code
"When the professional has not reimbursed the sums paid by the consumer, the sums due are automatically increased by the legal interest rate if reimbursement takes place no later than ten days after expiry of the time limits set out in the first and second paragraphs of article L.221-24, by 5% if the delay is between ten and twenty days, by 10% if the delay is between twenty and thirty days, by 20% if the delay is between thirty and sixty days, by 50% between sixty and ninety days and by five additional points for each new month of delay up to the price of the product, then by the legal interest rate".

Article L.221-25 of the French Consumer Code
"If the consumer wishes the performance of a service or a contract mentioned in the first paragraph of article L.221-4 to begin before the end of the withdrawal period mentioned in article L.221-18, the trader shall obtain the consumer's express request by any means for contracts concluded at a distance and on paper or on a durable medium for contracts concluded off-premises.

A consumer who has exercised his right to withdraw from a contract for the provision of services or from a contract mentioned in the first paragraph of article L.221-4, the performance of which has begun, at his express request, before the end of the withdrawal period, shall pay the trader an amount corresponding to the service provided up to the communication of his decision to withdraw; this amount is proportionate to the total price of the service agreed in the contract. If the total price is excessive, the appropriate amount is calculated on the basis of the market value of what has been supplied.

No sum shall be due by the consumer who has exercised his right of withdrawal if his express request has not been received in application of the first paragraph or if the professional has not complied with the obligation to provide information set out in 4° of article L.221-5".

Article L.221-26 of the French Consumer Code
"The consumer who has exercised his right of withdrawal from a contract for the supply of digital content not provided on a tangible medium is not liable for any sum if :

1° The trader has not obtained his prior express agreement to perform the contract before the end of the withdrawal period and the proof of his waiver of his right of withdrawal;

2° The contract does not include the information specified in the second paragraph of articles L.221-9 and L.221-13".

Article L.221-27 of the French Consumer Code
"Exercising the right of withdrawal puts an end to the parties' obligation either to perform the distance contract or the off-premises contract, or to conclude it when the consumer has made an offer.

Exercising the right of withdrawal from a main distance or off-premises contract automatically terminates any accessory contract, at no cost to the consumer other than those provided for in articles L.221-23 to L.221-25".

Article L.221-28 of the French Consumer Code
"The right of withdrawal cannot be exercised for contracts :

1° Supply of services fully performed before the end of the withdrawal period and whose performance has begun after the consumer's express prior agreement and express waiver of his right of withdrawal;

2° The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the trader and which may occur during the withdrawal period;

3° Supply of goods made to the consumer's specifications or clearly personalized;

4° Supply of goods liable to deteriorate or expire rapidly;

5° Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;

6° The supply of goods which, after delivery and by their nature, are inseparably mixed with other articles;

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 professional;

8° 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;

9° Supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;

10° Supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;

11° Concluded at a public auction ;

12° Accommodation services, other than residential accommodation, goods transport services, car rental, catering or leisure activities which must be provided on a specific date or at a specific time;

13° The supply of digital content not provided on a tangible medium, the performance of which has begun after the consumer has given his express prior consent and expressly waived his right of withdrawal".

LEGAL WARRANTY OF CONFORMITY

Article L.217-4 Code de la consommation
"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 defects in conformity resulting from the packaging, assembly instructions or installation when the latter has been made his responsibility by the contract or has been carried out under his responsibility".

Article L.217-5 Code de la consommation
"The goods conform to the contract:

1° Whether it is fit for the purpose ordinarily expected of similar goods and, where applicable :
- if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by 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.217-12 Code de la consommation
"Action resulting from a lack of conformity is barred after two years from delivery of the goods".

Article L.217-16 Code de la Consommation
"When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the acquisition 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 service or from the date the goods in question are made available for repair, if the goods are made available after the request for service.

GUARANTEE FOR HIDDEN DEFECTS
Article 1641 of the French Civil Code
"The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it was intended, or which diminish this use to such an extent that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them".

Article 1648 paragraph 1 of the French Civil Code
"The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect".