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Article 11: Right of withdrawal
Regarding the consumer Buyer, Article L121-21 of the Consumer Code provides that:
"The consumer has a period of fourteen days to exercise his right of withdrawal from a distance contract, following a telephone solicitation or off-premises without having to give reasons or to pay other costs as provided in Articles L. 121-21-3 to L. 121-21-5. Any clause by which the consumer gives up his right of withdrawal is zero.
The period mentioned in the first paragraph of this Article shall run from the day:
1 From the contract for service delivery contracts and those referred to in Article L. 121-16-2;
2. From receipt of the goods by the consumer or a third party, other than the carrier designated by him for the sale of goods contracts and contracts for services including delivery of goods.
In the case of an order for multiple goods delivered separately or in the case of an order of a good consisting of multiple lots or pieces with delivery spread over a defined period, the period runs from the receipt the last lot or property or the final piece.
For contracts providing for the regular delivery of goods during a defined period, the period runs from the date of receipt of the first well. ".
Also, the article L212-21-2 of the Consumer Code provides that:
"The consumer shall inform the trader of his decision to withdraw by sending it before the expiry of the period specified in Article L. 121-21, the withdrawal form mentioned in 2 ° of I of Article L. 121- 17 or any other statement, unambiguous, expressing his desire to withdraw.
The professional may also allow the consumer to complete and submit online on its website, the form or declaration under the first paragraph of this Article. In this case, the professional shall forthwith communicate to the consumer an acknowledgment of withdrawal on a durable medium.
The burden of proof of exercising the right of withdrawal in accordance with this section weighs on consumers. »
Finally, the article L121-21-3 of the Consumer Code provides that:
"The consumer returns or returns the goods to the trader or a person designated by the latter, without undue delay, at the latest, within fourteen days of the communication of its decision to withdraw in accordance with Article L. 121- 21-2, unless the trader has offered to collect the goods himself.
The consumer only supports the direct costs of returning goods, unless the trader agrees to take responsibility for them or has failed to inform the consumer that these costs are dependent. However, for off-premises contracts, where goods are delivered to the consumer's home at the time of conclusion of the contract, the trader gets the goods at his own expense if they can not normally be returned by post for their kind.
The responsibility of the consumer may be incurred in the event of impairment of assets resulting from the handling other than those necessary to establish the nature, characteristics and the functioning of such property, provided that the professional has informed the consumer of his right of withdrawal pursuant to 2 ° of I of Article L. 121-17. »
Regarding the professional Buyer, if he wishes to exercise his right of withdrawal, he must return the species items within 7 calendar days.
The Buyer is consumer or professional, the products must be returned to the Seller:
- In their original packaging;
- In their original state;
- With all the component elements (accessories, manuals, packaging, etc.);
- Accompanied by a copy of the purchase invoice.
Article 12: Claims
The Buyer shall direct any claims with the Seller by post or electronically by recalling the reference and the date of the Order.
Only claims for the Online Sale of Goods will be considered.
Article 13: Warranty
Seller is subject to the legal safeguards provided in Articles L.211-4, L.211-5, L.133-3 and L.211-12 of the Consumer Code in its relations with the Buyer consumer, and in any event to Articles 1641 and 1648 of the Civil Code.
Article L.211-4 of the Consumer Code:
"The seller must deliver goods in conformity with the contract and liable for defects of conformity existing upon delivery.
It also addresses the lack of conformity resulting from the packaging, instructions for assembly or installation when it was put to him by the contract or was carried out under its responsibility. »
Article L.211-5 of the Consumer Code:
"To comply with the contract, the product must:
1. Be suitable for the purpose usually of a similar property and, where applicable:
- Correspond to the description given by the seller and possess the qualities that he has presented to the buyer as a sample or model;
- Have the qualities that a buyer can reasonably expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labeling;
2. Or have the features defined by mutual agreement by the parties or be suitable for any particular purpose for which the buyer made known to the seller and the latter accepted. »
Article L.211-12 of the Consumer Code:
"The action resulting from lack of conformity lapses two years after delivery of the goods. »
Article L.133-3 of the Consumer Code:
"The terms and conditions applicable to consumer contracts mention:
1. According to the terms set by order of the Minister of Economy, the existence, terms of implementation and content of the legal guarantee of compliance and coverage for defects in the goods sold, due by the seller;
2. Where applicable, the existence of a commercial warranty and after-sales service. »
Article 1641 of the Civil Code:
"The seller is required to guarantee against hidden defects of the thing sold which render it unfit for the use for which it was intended, or that decrease this use that the buyer would not have acquired, or n ' have paid a lower price if he had known. »
Article 1648 of the Civil Code:
"The action resulting from latent defects must be brought by the purchaser within two years after discovery of the defect.
In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, in the year following the date on which the seller may be discharged defects or apparent lack of conformity. »
Article 14 - Intellectual Property Rights
The brand Seller O'Férè and all figurative or not, and generally all other trademarks, illustrations, images, photographs, works and logos appearing on products, accessories and packaging, they whether registered or not, are and remain the exclusive property of the Seller.
Total or partial reproduction, modification or use of these marks, illustrations, images, photographs, works and logos for any reason and on any medium whatsoever, without the express prior consent of the Seller, is strictly prohibited.
It is the same to any combination or conjunction with any other mark, symbol, logo and more generally any distinctive sign intended to form a composite logo. It is the same for any copyright, drawings, models and patent owned by Seller.
Article 15 - Data Privacy
The information requested to the Buyer is required to process the order.
In the event that the Buyer agrees to provide individual personal data, it has an individual right to access, delete and modify this data, as provided by law 78-17 January 6, 1978 relating to data, files and liberties.
The Buyer must send a written request to the following address: ILAND CONCEPTS, 15 Avenue du Parc Pereire, 33120 Arcachon.
On the occasion of the creation of his account on the Website, the Customer will be able to choose whether to receive offers of the Seller and its partners.
Article 16 - Force Majeure
The performance by the Seller of its obligations under this contract shall be suspended upon the occurrence of a fortuitous event or force majeure that would impede or delay the execution.
The Seller will notify the Buyer of the occurrence of such a fortuitous event or force majeure within 15 days after the occurrence of the event date.
When the suspension of the execution of the Seller's obligations continues for a period longer than 15 days, the Buyer has the right to terminate the current command and then the Seller will refund the Order under the conditions referred to in Article 7.
Article 17 - Nullity of a Contract Clause
If any provision of this contract was canceled, this shall not entail the nullity of the other provisions of the contract remain in force between the parties.
Article 18 - Contract Modification
Any amendment, termination or abandonment of any of the clauses of this contract is only valid after written agreement signed between the parties.
Article 19 - Independence Party
Neither party can not make any commitment on behalf and / or on behalf of the other party. In addition, each party remains solely responsible for its allegations, commitments, services, products and personnel.
Article 20 - No Waiver
The failure of either party not to claim a commitment by the other party to any of the obligations referred to herein should be construed for the future as a waiver of the requirement cause.
Article 21 - Notifications
All notifications to be performed under this contract will be considered if they are made by registered mail with return receipt requested to the respective addresses of the Seller and the Buyer, or extrajudicial document.
Article 22 - Applicable law
This contract shall be governed by French law.
Article 23 - Jurisdiction
Any dispute arising from the formation, interpretation or execution of this Agreement shall be within the exclusive jurisdiction of the courts of the Court of Appeal of Bordeaux, despite multiple defendants or warranty.