Version current at 01/01/2023
SODIUM CYCLES, a simplified joint stock company with share capital of 151. 000 whose registered office is at Générateur d’Activités Arkinova 73 Rue de Mirambeau 64600 Anglet, registered in the Bayonne Trade and Companies Register under number 839 602 364 (“SODIUM CYCLES”), offers for sale to Individuals and Professionals an electric two-wheeled vehicle, the XUBAKA motorbike, an electric mini-motorbike based on innovative technologies and an innovative design to offer a different user experience (the “Product(s)”) by mail order and via its website www.xubaka.com The XUBAKA motorbike is sold with options and accessories that the Customer can choose from.the Site is an Internet site accessible to all Internet users. The present General Conditions, which are completed by the legal notice and the confidentiality policy, are intended to inform Customers of the terms and conditions of sale and delivery of the Products offered for sale by SODIUM CYCLES. Any Order, as this term is defined hereafter, placed with SODIUM CYCLES requires the prior acceptance and unreserved adherence to the present General Conditions by the Customer, who thereby acknowledges having read them in advance in a durable format. By validating his/her Order and accepting the General Conditions, the Customer declares (i) that he/she has full legal capacity and all powers to this effect if he/she represents a legal entity and (ii) that he/she has a perfect understanding of the General Conditions and the elements relating to his/her Order. SODIUM CYCLES cannot be held responsible if a person who does not have the legal capacity or powers to contract purchases Products from SODIUM CYCLES. The legal guardians of this purchaser assume full responsibility for the Order including the payment of the Price.SODIUM CYCLES reserves the right to modify the present General Conditions at any time and without prior notice. The General Conditions applicable are those accepted at the time the Order is placed. Taking into account the possible dematerialisation of exchanges, the Client agrees that all data, information, files, order forms and any other computer element exchanged and kept in the computer systems of SODIUM CYCLES and/or its partners, will have the value of proof of all communications, Orders and payments made within the meaning of article 1366 of the French Civil Code.These General Conditions may contain different wording depending on the status of the Client (Individual or Professional). Unless otherwise specified, the provisions apply equally to Individuals and Professionals.
ARTICLE 1 DEFINITIONS
Deposit has the meaning given to it in article 3.
Customer means any person placing an Order, acting for their own personal and private needs, in the case of an Individual, or acting in the context of their business, in the case of a Professional.
Quotation Has the meaning given to it in article 4.2.
Individual means, within the meaning of the French Consumer Code, any consumer, natural person or legal entity who is acting for purposes that do not fall within the scope of their commercial, industrial, craft or liberal profession activity.
Order means any order for Product(s) placed by a Customer, for which payment is required.
General Terms and Conditions means these general terms and conditions of sale and use.
Order Confirmation has the meaning given to it in article 4.3.
Contract has the meaning given to it in article 4.3.
Documentation Has the meaning given to it in article 2.
Force Majeure shall be deemed to be any irresistible, unforeseeable, unavoidable event or circumstance beyond the control of the Parties which cannot be prevented by the latter, and in particular but without this list being exhaustive: in the event of war, riot, strike, lock-out, commercial dispute or labour disruption, fire, flood, storm, earthquake, interruption of telecommunications services or difficulties specific to telecommunications networks, or blockage of means of transport or supply.
Detailed Notice has the meaning given to it in ARTICLE 2.
Parties refers to SODIUM CYCLES and the Clients.
Price has the meaning given to it in ARTICLE 3.
Product(s) has the meaning given to it in the Preamble.
Professional refers to any natural person or legal entity who acts in the context of these General Conditions within the framework of their commercial, industrial, craft or liberal profession activity.
Customer Service refers to the SODIUM CYCLES customer service whose contact details are given in article11.
Site has the meaning given to it in the Preamble.
SODIUM CYCLES has the meaning given to it in the Preamble.
User means any user of the Site who can access it, browse the pages of the Site.
ARTICLE 2 OUR PRODUCTS
The Customer has access on the Site to the descriptions and essential characteristics of the Products which are offered for sale by SODIUM CYCLES. Also, on request, SODIUM CYCLES can send by e-mail any useful information as well as the technical documentation relating to the Product (the “Documentation”).
On request, the Customer can carry out a private trial before any purchase. In this case, the SODIUM CYCLES team will contact the Customer in order to agree on the terms and conditions. The Customer will thus have the opportunity to obtain all useful information relating to the Product prior to any Order.For any further information, it is possible to contact Customer Service, whose contact details are given in article 11.A user and maintenance guide is delivered with each Order (the “USER GUIDE”).The Products presented are offered for sale on pre-order and within the limit of available stocks. Each Product is made and assembled to measure, and the Customer may choose the colour and add accessories. The SODIUM CYCLES team reserves the right to modify the selection of Products offered for sale at any time.The SODIUM CYCLES team makes every effort to satisfy its Customers and endeavours to present and describe the Products as accurately and precisely as possible. Also, SODIUM CYCLES endeavours to present photographs that conform to the Products sold. However, it is not excluded that the Customer’s perception may differ from reality due to the digital representation method, which is expressly accepted. It may happen that the colour of the Product model is no longer available, depending on availability from suppliers. The SODIUM CYCLES team undertakes to do its utmost to correct any errors. To this end, it will be attentive to any comments sent to Customer Service.
ARTICLE 3 PRICES
The prices of the Products are indicated in euros on the Site and in the Documentation and include VAT applicable in France (the “Price(s)”). They do not include delivery charges, which are invoiced in addition and indicated before the Order is validated. Prices include the VAT applicable in France on the date of the Order and any change in the applicable VAT rate will automatically be reflected in the Price of the Products. Prices for countries outside the European Union do not include statutory VAT. SODIUM CYCLES reserves the right to modify the Price of the Products at any time. If one or more taxes or contributions, in particular environmental taxes, are created or modified, either upwards or downwards, this change may be reflected in the sale price of the Products.20% of the Price must be paid on account at the time of the Order, the validation of which is conditional upon this payment (the “Deposit”). The Customer is hereby informed that, in accordance with French legislation and regulations, the Deposit represents a firm commitment on the part of both SODIUM CYCLES and the Customer.the Deposit is an initial payment “to be applied” to the total Price of the Order. There is no possibility of renunciation for the Customer. Unless an agreement is reached with SODIUM CYCLES, the deposit is non-refundable.
ARTICLE 4 HOW TO ORDER PRODUCTS
4.1 The Customer’s personal information
The Ordering of any Product on the Site or remotely requires a certain amount of information to be provided by the Customer. To this end, the Customer must fill in a form on line on the Site or sent by SODIUM CYCLES by any means, allowing them to provide their personal information, such as in particular: their surname, first name, delivery address, e-mail address and telephone number. The Customer undertakes to provide accurate and sincere information and to update it in the event of any modification that may occur. By providing this information, the Customer must first read the SODIUM CYCLES confidentiality policy relating to the processing of personal data.
4.2 Placing an Order
All Orders are subject to compliance with the procedure put in place by SODIUM CYCLES which comprises several successive stages leading to the validation of the Order with the obligation of payment.the Customer, guided by the SODIUM CYCLES team, completes the form in order to indicate his/her wish to Order in relation to the Product and in particular: quantity, options chosen, etc. Once the form has been sent by the Customer, SODIUM CYCLES will define the Price of the Order calculated according to the options chosen by the Customer and according to the price list in force. Also, depending on the options chosen, SODIUM CYCLES will indicate to the Customer the estimated manufacturing and delivery times. All of these elements are summarised in the quotation which is then sent to the Customer, which summarises all of the above information (hereinafter the “Quotation”). Before definitively validating his/her Order, the Customer has the opportunity to check: the options chosen, the Price as well as the information sent and in particular all of the elements useful for delivery. In this way, the Customer will be able to identify and correct any errors that may have been made in entering their details before signing the Quotation.
Finally, before paying for the Order, the Customer must read these General Terms and Conditions, which will be appended to the Quotation. Validation of the Order shall be subject to the Customer’s unreserved acceptance thereof by means of a tick box on the Quotation indicating the words “I have read the General Terms and Conditions of Sale and I accept them unreservedly”. Validation of the Order shall be subject to (i) the Customer’s signature of the Quotation and (ii) the Customer’s payment of a Deposit in accordance with Article 3. Generally, once the Quotation has been signed and the Deposit has been paid, SODIUM CYCLES needs at least three (3) months to prepare the Order for delivery. The Customer is hereby informed that the Product Order is an order for which the Customer is obliged to pay a Deposit and the balance of the Price before delivery.
4.3 Order Confirmation
The Order is processed by the SODIUM CYCLES team and, upon receipt of payment of the Deposit, an e-mail confirming the Order and containing a description of the Product(s) purchased and the delivery details is sent to the Customer (the “Order Confirmation”). The contract between the Parties is deemed to have been formed on the date of the Order Confirmation (the “Contract”).SODIUM CYCLES reserves the right to refuse an Order in the event of a payment incident, in the event of fraud or attempted fraud relating to the use of the Site or in the event of an existing dispute or a dispute relating to previous Orders, without this being considered as a refusal to sell. In the event that one or more Products are unavailable, the Customer will be informed by e-mail, as soon as possible, of this unavailability and of the total or partial cancellation of the Order. The Customer will then be refunded the amount corresponding to the Deposit paid, at the latest within fourteen (14) days of payment of the sums paid.
ARTICLE 5 PAYMENT METHODS
Orders are paid for by bank transfer.
If the Customer chooses to pay by cheque, the Order shall only be validated and prepared once the payment has been validated, i.e. once the cheque has been validly cashed. Ordering by cheque is only possible for purchasers whose bank is domiciled in mainland France. The Customer should send the cheque made payable to SODIUM CYCLES, to the following address Générateur d’Activités Arkinova 73 Rue de Mirambeau 64600 Anglet .
5.2 Bank transfer
In the case of payment by bank transfer, the Order will only be validated once the Customer has validated the transfer of the amount of the Deposit. Regardless of the method of payment used, any Order will only be dispatched once the Customer has paid the balance of the Price to SODIUM CYCLES as well as the delivery costs, which must be done once SODIUM CYCLES has confirmed that the product is not available.
ARTICLE 6 DELIVERY OF PRODUCTS
Before signing the Quotation, SODIUM CYCLES will indicate to the Customer the time required to manufacture the Product(s) ordered, before dispatch.
6.1 Terms of delivery
SODIUM CYCLES will deliver the Product(s) ordered to the address indicated when validating the Order.SODIUM CYCLES is free to choose the carrier for deliveries.Once the Order has been dispatched, an email will be sent to the Client informing them of the details of the delivery (expected date, time, etc…). In the event that the Products are delivered outside French territory, the Customer is informed that the delivery may be subject to export controls. To this end, the Customer agrees to comply with all applicable export laws and regulations. The Customer shall bear sole responsibility for obtaining any export approvals and/or licences, together with all related costs, and shall be solely liable in the event of any breach of applicable export laws and regulations.
6.2 Delivery deadlines
In order for this deadline to be respected, the Customer must ensure that they have provided accurate and complete information concerning the delivery address (such as: street number, building number, staircase number, access codes, names and/or intercom numbers, etc.). SODIUM CYCLES cannot be held responsible if this delivery time cannot be met due to errors in the delivery information given or due to any applicable export laws and regulations.
For deliveries in Metropolitan France, SODIUM CYCLES undertakes, except in cases of Force Majeure, to deliver the Product(s) ordered within a maximum period of three (3) months from the date of the Order Confirmation. For deliveries to other territories, the Products will be delivered within a maximum period indicated at the time the Order is placed. Should this period be exceeded, the Customer will be informed immediately. In the event of a delay in delivery, SODIUM CYCLES and the Customer may agree together on a new delivery date.In the event of failure to respect the delivery date indicated, the Customer may also contact SODIUM CYCLES in order to propose a reasonable additional delivery date.In the event of failure to comply with this new delivery date, the Customer may cancel the Contract and obtain full reimbursement of the Order.These notification formalities should be carried out by registered letter with acknowledgement of receipt for the attention of Customer Services. The Contract will be considered terminated as soon as SODIUM CYCLES receives the letter informing it of this termination, unless delivery of the Order has taken place in the meantime.the Customer may, however, terminate the Contract immediately, if he/she demonstrates that the delivery times constituted an essential condition of the Contract for him/her. In the event that the Contract is terminated, all sums paid must be reimbursed within fourteen (14) days of the date on which the Contract was terminated (date of receipt of the letter of termination). In the event that the Product(s) has (have) been delivered, the reimbursement of these sums may be deferred until the Products have been recovered by SODIUM CYCLES.
6.3 Delivery complaints
The Customer will be informed of the exact date and time of delivery, and the carrier will contact the Customer to arrange a time to collect the Products. The Customer must be present at the time of delivery. At the time of delivery, the Customer must check the condition of the Product(s). If the Customer notes that the Product(s) are damaged, he/she must notify the transporter of any reservations and keep SODIUM CYCLES informed.in this case, handwritten reservations accompanied by the Customer’s signature must appear on the delivery note in the event of any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.). The Customer must notify any claim relating to a delivery error, a damaged or opened package, or the non-conformity of the Product(s) on the day of delivery and at the latest within forty-eight (48) hours of delivery, by registered letter with acknowledgement of receipt and by e-mail, for the attention of Customer Services.In order to avoid any dispute, it is important to comply with the following instructions when receiving the Products:
– Check the Product before signing the delivery note with the carrier;
– Refuse the parcel if the carrier does not allow you to check it;
– Refuse any damaged Product and note on the delivery note “REFUSED FOR DAMAGE”.
NO CLAIM WILL BE ACCEPTED IF THESE RECOMMENDATIONS ARE NOT FOLLOWED.
Any claim made after this deadline will be rejected and SODIUM CYCLES will not be held responsible in any way whatsoever, and the Customer will not be entitled to any reimbursement of the Price. In the event of a delivery error on the Product(s) or damage noted during delivery, any Product to be exchanged or reimbursed must be returned to SODIUM CYCLES in its entirety and in its original packaging, according to the method of shipment and to the address indicated. The cost of return is the responsibility of SODIUM CYCLES. The return of Products, for whatever reason, can only be accepted for those in their original condition (packaging, accessories, instructions, etc.). Any return of an incomplete Product cannot be reimbursed, which the Customer expressly accepts.
6.4 Ownership and transfer of risks
The transfer of ownership of the Product(s) is delayed until full payment of the Price (including VAT and shipping costs). The Products are assembled and assembled in their entirety. They are delivered to the Customer in working order. SODIUM CYCLES is free to choose the carrier and the method of shipment of its Products. Consequently, in the case where the Customer is a Private Individual, the transfer of the risks of loss and deterioration relating to the Product is transferred to the Customer from the actual moment of delivery, after signature of the delivery note (unless reservations have been made). On the other hand, in the case where the Customer is a Professional, the risk is transferred to the Customer when the Product(s) ordered are handed over to the carrier.
ARTICLE 7 OBLIGATIONS AND LIABILITY OF SODIUM CYCLES
7.1 Conformity of the Products and use by the Customer
The Products comply with current French legislation and regulations. In this respect, the Products have been approved under reference: e13*168/2013*01071*00
They comply with the standards set by the European Union and with a European Community type-approval.Consequently, the Product must remain strictly compliant and identical to its type-approval.The Customer is informed that the Highway Code specifies that any modification to the characteristics of the Product must be accompanied by a declaration to the prefecture.
Article R322-8 of the Highway Code:
Any transformation made to a vehicle subject to registration and already registered, whether a significant transformation or any other transformation likely to modify the characteristics indicated on the registration certificate, requires the modification of the latter. To this end, the owner must send a declaration to the prefect of the department of his choice, together with the vehicle registration certificate, within one month of the vehicle’s conversion. If available, the owner must keep the completed detachable coupon. […]
SODIUM CYCLES may not be held responsible in the event of non-compliance with legislation and regulatory standards outside the European Union, in the event of delivery to foreign territory.The Products are delivered with a Detailed Manual. These detailed instructions contain all the information required for the use and maintenance of the Products. SODIUM CYCLES, within the limits of its obligation of means, undertakes to allow optimal use of its Products, however the Customer remains solely responsible for the use of the Products in accordance with the Detailed Instructions. SODIUM CYCLES shall not be held liable in particular in the event of :
– use of the Products that does not comply with the Detailed Instructions ;
– non-compliance by the Customer with the General Conditions;
– accidents of any kind affecting the Products such as shocks, power surges, lightning, flooding, fire and in general all events resulting from abnormal use or conditions;
– the fault of the Customer;
– acts of God or Force Majeure;
7.2 SODIUM CYCLES’ obligation of means
The company SODIUM CYCLES, in the process of distance selling, is only bound by an obligation of means. SODIUM CYCLES does everything possible to satisfy the Customer and is responsible for the correct execution of these General Conditions. Nevertheless, SODIUM CYCLES may not be held responsible due to a Force Majeure event, the unforeseeable and insurmountable act of a third party, a failure or clumsiness on the part of the Customer or due to non-conformity with foreign legislation in the case of delivery in a country other than France.In the case of a Force Majeure event, the obligations of each Party by virtue of the present General Conditions will be suspended for the duration of the Force Majeure event. If the Force Majeure Event continues for a continuous period of more than sixty (60) days, SODIUM CYCLES has the option of terminating the Contract by sending a notification by registered letter with acknowledgement of receipt to the other Party, subject to the reimbursement of all sums paid by the Customer, but without penalty.
ARTICLE 8 RIGHT OF WITHDRAWAL FOR PRIVATE INDIVIDUALS
In accordance with French legislation, and with articles L.221-18 to L.221-28 of the Consumer Code, Customers who are Individuals have a right of withdrawal without giving any reason, provided that they exercise this right within a period of fourteen (14) days from the day following receipt of the Order Confirmation, by notifying Customer Services, by e-mail or by registered letter with acknowledgement of receipt. A model withdrawal form is provided in Appendix 1 to these General Terms and Conditions. Subject to compliance with the conditions of the right of withdrawal set out above, SODIUM CYCLES must reimburse the Customer for the Deposit within a maximum period of fourteen (14) days from receipt of the withdrawal form. However, after this period, the Customer no longer has the possibility of withdrawing from the Contract. In the case of Products made to the Customer’s specifications (colours, accessories and options), the Customer may not withdraw from the Contract once the Product(s) has/have been delivered, which he/she expressly acknowledges.The right of withdrawal does not apply to Customers acting as Professionals.
ARTICLE 9 PRODUCT WARRANTY
9.1 Legal guarantee of conformity and legal guarantee against hidden defects
SODIUM CYCLES guarantees the conformity of the Products to the Contract, allowing the Individual Customer to make a claim under the legal guarantee of conformity provided for in articles L. 217-4 et seq. of the Consumer Code or the guarantee of defects in the item sold within the meaning of articles 1641 et seq. of the Civil Code:
– the Customer has a period of two (2) years from the date of delivery of the Product to take action;
– the Customer 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 Customer is exempt from having to prove the existence of a lack of conformity of the Product during the twenty-four (24) months following delivery of the Product.
In addition, you are reminded that :
– the legal guarantee of conformity applies independently of the commercial guarantee indicated below;
– the Customer may decide to invoke the warranty against hidden defects in the item sold within the meaning of article 1641 of the French Civil Code. In this case, the Customer may choose between rescinding the sale or reducing the price in accordance with article 1644 of the French Civil Code.
9.2 Commercial warranty
The Products sold are also covered by a commercial warranty aimed at guaranteeing their conformity and ensuring the replacement or repair of the Product concerned at the Customer’s request.the duration of this commercial warranty is 2 YEARS and is indicated to the Customer at the time of Order Confirmation.this warranty covers the battery, motor, controller as well as mechanical, electrical or electronic faults.
This commercial warranty does not cover defects caused by abnormal or faulty use or resulting from a cause unrelated to the intrinsic qualities of the Products (e.g. modifications to the Product, additions or alterations, negligent care and maintenance, falls, overloading, road accidents, etc.). In order to take advantage of this commercial guarantee if the Product does not work, the Customer must contact Customer Services, accompanied by a photograph describing the damage if possible. Customer Services will endeavour to resolve the problem of the Product not working and will provide any useful information. Within the framework of this commercial guarantee, if the technical problem is proven and is not resolved, the Customer must return the Product to SODIUM CYCLES, according to its indications and at the expense of SODIUM CYCLES which will have the choice between repairing the Product or replacing the Product.The preceding provisions are not exclusive of the application of the legal guarantee of conformity of article L. 217-4 of the Consumer Code and the guarantee of defects of the thing sold of articles 1641 and following of the Civil Code. The Customer is expressly informed that SODIUM CYCLES, in its capacity as seller of the Products, is not the direct producer of the Products presented within the meaning of law n° 98-389 of 19 May 1998 relating to liability for defective products.SODIUM CYCLES, for the purpose of manufacturing and assembling the Products uses French companies, the majority of which are located in Nouvelle Aquitaine and Occitanie.The present commercial guarantee can only apply to the Customer who has contracted directly with SODIUM CYCLES and under no circumstances to third parties.
9.3 Spare parts
SODIUM CYCLES is able to offer its Customers the spare parts essential for the use of the Products for at least a period of 24 Months, however, in the event of unavailability during this period, SODIUM CYCLES has the possibility of offering equivalent or superior spare parts.
ARTICLE 10 PROCESSING OF YOUR PERSONAL DATA
ARTICLE 10 PROCESSING OF YOUR PERSONAL DATA
ARTICLE 11 CUSTOMER SERVICE
For any specific questions or complaints under these General Terms and Conditions, the Customer may contact Customer Services using the following details:
– by e-mail at: [email protected]
– by telephone from Monday to Friday between 10 a.m. and 5 p.m. on: 06 09 70 41 34
ARTICLE 12 INTELLECTUAL PROPERTY
The Site and all its components, in particular the domain names, the graphic charter of the Site, the logo, the brands “SODIUM CYCLES” and “XUBAKA”, the texts, images, photographs and illustrations published, the drawings and models relating to the Products, are the exclusive property of SODIUM CYCLES, unless specifically stated otherwise. Any distribution, exploitation, representation, reproduction or modification, in part or in whole, without the express authorisation of SODIUM CYCLES is forbidden and exposes the offender to civil and criminal proceedings.
ARTICLE 13 NON-RENUNCIATION
The fact that one of the Parties does not take advantage of a breach by the other Party of any of the obligations referred to in the present General Conditions does not constitute a renunciation of the obligation in question.
ARTICLE 14 PARTIAL INVALIDITY
If one or more provisions of these General Terms and Conditions are held to be invalid in application of a law, regulation or following a final decision by a competent court, the other provisions of these General Terms and Conditions remain fully valid and enforceable.
ARTICLE 15 TRANSFER
The Client may not assign or transfer its rights and obligations under these General Conditions to any third party without the prior written agreement of SODIUM CYCLES.
ARTICLE 16 APPLICABLE LAW AND SETTLEMENT OF DISPUTES
In the event of a complaint or dispute relating to the execution or interpretation of the present General Conditions, the Customer must first contact Customer Services in order to attempt to resolve any dispute amicably. In application of article L. 616-1 of the Consumer Code, SODIUM CYCLES will provide the Individual Customer with the contact details of the Consumer Mediator to which it belongs. In the event of a dispute and after having referred the matter to the professional’s customer service, any customer may refer the matter to a consumer mediator, within a maximum period of one year from the date of the written complaint, by registered letter, to this professional.
The contact details of the mediator who may be contacted by the customer are as follows:
32 rue du Hameau
06 79 59 83 38
The Party wishing to implement the mediation process must first inform the other Party by registered letter with acknowledgement of receipt, indicating the elements of the dispute. Also, subject to the Customer being resident in the European Union, he may submit his complaint on the dispute resolution platform put online by the European Commission on the website https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR. The European Commission will transfer the complaint to the competent national mediators notified.
Unless there is a more favourable legal and imperative provision to the contrary, any dispute relating to the General Terms and Conditions shall be subject to the exclusive jurisdiction of the competent French courts, it being specified that the time limits for taking legal action shall not be interrupted during the time in which an amicable solution is sought or mediation is requested.
APPENDIX 1 – LEGAL GUARANTEES
LEGAL WARRANTY OF CONFORMITY
Art. L. 217-4 The seller shall deliver goods in conformity with the contract and shall be liable for any lack of conformity at the time of delivery.
He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was his responsibility under the contract or was carried out under his responsibility.
Art. L. 217-5 The goods conform to the contract:
1o If it is fit for the purpose normally expected of similar goods and, where applicable:
– if it corresponds to the description given by the seller and has 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 in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2o 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. 217-12 Any action arising from a lack of conformity shall be barred after two years from the date of delivery of the goods.
Art. L. 217-16 When the buyer asks the seller, during the term of the commercial warranty granted to him on the purchase or repair of a movable item, for a repair covered by the warranty, any period of immobilisation of at least seven days shall be added to the remaining warranty period.
This period runs from the date of the purchaser’s request for service or from the date the item in question is made available for repair, if it is made available after the request for service.
Art. 1641 The seller is liable for any hidden defects in the thing sold which render it unfit for the use for which it was intended, or which impair that use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, had he been aware of them.
Art. 1648 Actions arising from redhibitory defects must be brought by the buyer 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 relieved of the apparent “defects” or “lack of conformity”.
APPENDIX 2 – LEGAL WARRANTIES
LEGAL WARRANTY OF CONFORMITY
Art. L. 217-4 The seller delivers goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery.
He shall also be liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter is his responsibility under the contract or was carried out under his responsibility.
Art. L. 217-5 The good conforms to the contract:
1o 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;
2o 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.
Art. L. 217-12 Any action resulting from a lack of conformity is barred after two years from the date of delivery of the goods.
Art. L. 217-16 When the buyer asks the seller, during the course of the commercial warranty granted at the time of 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 purchaser’s request for intervention or from the date the item in question is made available for repair, if the item is made available after the request for intervention.
Art. 1641 The seller is bound by the warranty for latent defects in the thing sold which render it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lesser price for it, if he had known of them.
Art. 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”.