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Art. L.217-4 of the French Consumer Code:We remind you that the search for amicable solutions prior to any legal action does not interrupt the time limits for legal warranties or the duration of any contractual warranties.
"The seller delivers goods in conformity with the contract and is liable 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 under the contract or has been carried out under his responsibility."
Art. L.217-5 of the French Consumer Code:
"The good conforms 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 the 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 attention of the seller and accepted by the latter."
Art. L.217-7 of the French Consumer Code:
"Defects of conformity 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."
Art. L.217-9 of the French Consumer Code:
"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, given 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".
Art. L.217-12 of the French Consumer Code:
"The action resulting from the lack of conformity is prescribed by two years from the delivery of the good."
Art. 1641 of the French Civil Code:
"The seller is liable for any hidden defects in the item sold which render it unsuitable for its intended use, or which impair this use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.
Art. 1644 of the French Civil Code:
"In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price returned to him, or keeping the thing and having part of the price returned to him."
Art. 1648 paragraph1 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."