Natural & French
These General Conditions of Sale relate to the website www.dayplus.co (hereinafter “the Site”) published by the company CAFD Solutions, a simplified joint stock company with a single shareholder with capital of 866.12 euros whose head office is 78 avenue Raymond Poincaré – 75116 Paris, registered in the Paris Trade and Companies Register under number 829 322 247, whose intra-community TV number is FR76829322247 (hereinafter “the Seller” or “CAFD Solutions” ).
The website www.dayplus.co allows the company CAFD Solutions to offer food supplements for sale to users of the site and to take out subscriptions to the monthly sale of food supplements.
Article 1. Scope of application
These General Conditions of Sale are intended to specify the rights and obligations of the parties to distance sales contracts (“the Order”) carried out between the Seller and consumers and/or buyers (“the Customer” or “the Customers”). on the items offered for sale (“the Products”) on the Site. These General Conditions of Sale apply without conditions or reservations to all Orders.
These General Conditions of Sale are accessible at any time on the Site and will prevail, where applicable, over any other version or any other contradictory document as well as any other conditions applicable for sales in stores or through other distribution channels and marketing.
The applicable General Conditions of Sale are those in force according to their wording on the Site on the day of the Order placed by the Customer on the Site. By the sole fact of validating his Order on the Site by first clicking on the button “I have read and I accept the general conditions of sale”, the Customer declares to have read, understood and accepted, without reservation, the terms of said Order as well as the entirety of these General Conditions of Sale. CAFD Solutions reserves the right to modify the General Conditions of Sale at any time. They will then be applicable as soon as they are put online on the Site.
The Customer acknowledges having the legal capacity required to contract with the Seller. The Seller is not intended to sell the Products on the Site to professionals, but only to consumers or non-professionals, for their personal needs. Therefore, the Customer affirms that he is acting as a final consumer and that he does not intend to resell the Products for commercial purposes.
The Seller therefore reserves the right to refuse Orders in large quantities.
Article 2. Accessibility of the Site
The Site's services are normally accessible to Customers 7 days a week, 24 hours a day, all year round except in the event of voluntary or unintentional interruption, in particular for maintenance and/or security needs or cases of force majeure. The Seller being in fact, by its activity, bound by an obligation of means, it cannot be held responsible for any damage whatever its nature, resulting from unavailability of the Site.
CAFD Solutions does not guarantee that the Site will be free of anomalies, errors or bugs, nor that the Site will operate without breakdown or interruption. In this regard, it may freely and at its sole discretion determine any period of unavailability of the Site or its content. CAFD Solutions cannot be held responsible for data transmission, connection or network unavailability problems.
The company CAFD Solutions reserves the right to change the Site, for technical or commercial reasons. When these modifications do not alter the conditions of provision of services, in a substantial and negative manner, the Customer may be informed of the modifications made, but his acceptance is not requested.
Article 3. Registration on the Site
To be able to place an Order, the Customer must first register on the Site by creating an account containing the Customer's information (the "Customer Account").
The Customer's registration on the Site is validated after verification of the standard form completed by the Customer. This form includes certain personal data: first and last name, delivery address, email address and telephone number. In order to properly manage the order, the Customer must provide all information marked as mandatory.
When creating their Account, the Customer must ensure the accuracy and completeness of the data they provide. The Customer is required to always update his personal information.
The information allowing the Customer to identify himself, such as the username and password, is personal and confidential. This information can only be modified on the initiative of the Customer or the Seller, particularly in the event of forgetting the password. The Customer is solely responsible for the use of his identification elements. He is required to keep them secret. Any disclosure on his part cannot under any circumstances be blamed on the Seller.
Any Order placed using the Customer's username and password is deemed to have been placed by the latter. The Seller cannot under any circumstances be held responsible for damage caused by the disclosure of this personal and confidential data by the Customer and therefore the use of this data by a third party.
The Customer receives a registration confirmation email. In the event of an error in the recipient's contact details, CAFD Solutions cannot be held responsible for the impossibility of delivering Products.
By registering on the Site, the Client declares and guarantees to the company CAFD Solutions that he is of legal age and has full legal capacity to contract.
Article 4. Products
The Products offered for sale and subscriptions are those which appear on the Site on the day of consultation of the site by the Customer.
CAFD Solutions takes the greatest care in the presentation and description of its Products to best satisfy the Customer's information. The main characteristics of the Products, in particular specifications, illustrations, indications of dimensions or properties are presented as precisely as possible on the Site. The photographs and graphics presented on the Site are not contractual and cannot engage the liability of the Seller. Despite the best efforts made by the Seller to the photographic representation of the Products on the Site and taking into account the digital presentation of the Products, it is possible that the Customer's perception of the photographic representation of the Products does not correspond exactly to the Products, this for which the Seller cannot be held responsible.
The Products have been declared as food supplements to the General Directorate for Competition, Consumer Affairs and Fraud Control (DGCCRF) in accordance with the provisions of Article 16 of Decree No. 2006-352 of March 20, 2006 relating to to food supplements. The Products present on the Site are food supplements, not medicines, which therefore in no way replace a healthy and balanced diet. The Products are not intended to prevent, prevent or treat any disease.
The Client is solely responsible for knowing his needs and his state of health. It is up to him to check, prior to consuming the Products, the compatibility of their consumption with his state of health and if necessary, to seek the advice of a health professional.
All documents or experimental reports or feedback present on the Site have a purely informative function and in no way replace prior consultation with a doctor. The Seller recommends that its Customers strictly follow the advice for using the Products. Excessive consumption of food supplements can cause annoying side effects.
Consequently, the Customer undertakes to respect the conditions of use and storage of the Products. The Customer is required to read it before placing any Order. The Customer remains responsible for the choice made once the information necessary for this decision has been provided by the Seller to the Customer.
The Seller undertakes to honor the Order only within the limits of available stocks of the Products. These indications are automatically updated in real time.
However, an error in this update, whatever its origin, does not engage the responsibility of the company CAFD Solutions. As such, the company CAFD Solutions cannot be held responsible for the cancellation of an Order for a Product due to exhaustion of stocks. If the Products are not available, the Seller undertakes to inform the Customer.
In the event of permanent unavailability of one or more Products ordered as part of a Subscription, the Seller undertakes to inform the Customer as soon as possible. The Customer will then be able to obtain reimbursement of the amount debited from his account. This reimbursement occurs within fourteen (14) days.
The Seller reserves the right to refuse the Order if it is abnormal, placed in bad faith or for any other legitimate reason, and in particular, when there is a dispute with the Customer concerning the payment of a previous order.
Article 5. Order Method: Single Order and Subscriptions
After the creation of the Customer Account, the Customer's Order may relate to the purchase of one or more Products subject to a single delivery ("Single Order"), and/or to the purchase of a subscription (“ the Subscription”) consisting of the shipment, each calendar month or at the frequency adapted to the Product and mentioned on the Site, of a number of Products chosen by the Customer on the Site, until the Customer or the Seller decides to terminate this Subscription in accordance with the contractual termination conditions provided for in these General Conditions of Sale.
In order to complete the Order, the Customer must follow the following steps:
The Customer then receives electronically and without delay a confirmation of acceptance of payment for the Order. The Customer also receives electronically and without delay an acknowledgment of receipt serving as confirmation of the Order including the invoice.
The Customer receives electronically confirmation of shipment of the Order.
Delivery will take place to the delivery address indicated by the Customer when placing the Order. When carrying out the various stages of the Order mentioned above, the Customer undertakes to respect these contractual conditions by application of article 1316-1 of the Civil Code.
The sale will be considered final after the Seller sends the Customer confirmation of the Order by email and after receipt by the latter of the price.
Article 6. Subscriptions
Subscription and duration of the Subscription
The Subscription is concluded for an indefinite period, until terminated by one of the parties under the conditions provided for in these General Conditions of Sale. By subscribing to the Subscription, the Customer accepts that a monthly debit corresponding to the amount of the evolving number of Products chosen by the Customer on the Site will be made by any means of payment offered on the Site. Thus, throughout the duration of the Subscription, the Customer will be automatically charged, each time the Subscription is executed, the corresponding amount including tax (all taxes included).
Modification of the Subscription
As part of a Subscription, the Customer may modify the choice of Products covered by the Subscription, its address, the delivery method or suspend its Subscription by sending an email to the Seller at the following address: client@ dplusforcare.com, before the direct debit takes effect.
Termination of the Subscription:
Termination of the Subscription may be:
Article 7. Deactivation of the Customer Account
In the event of non-compliance with the obligations arising from acceptance of these General Conditions of Sale, incidents of payment of the price of an Order, provision of incorrect information when creating the Customer Account or acts likely to harm the interests of the Seller, the Seller reserves the right to suspend access to the services offered on the Site or, depending on the seriousness of the acts, to terminate the Subscription and the Customer's Account, after having informed the Customer by any means, without damages being claimed.
The Seller also reserves the right to refuse to contract with a Customer who has been excluded or sanctioned for such actions.
Article 8. Price
The prices of Products and Subscriptions are indicated on the Site, they are mentioned according to the currency indicated on the Site according to the geographical area, all taxes included, excluding delivery costs.
The price of the Order includes the price of the Products and shows the delivery costs separately. It is indicated all taxes included.
The price of the Subscription is firm and non-revisable during the entire period of validity of the Subscription. The Seller reserves the right to modify the price of Subscriptions at any time and without notice for future Subscriptions. Subscriptions already taken out will not be affected by the modification of the price of the Subscription occurring after the subscription date.
Delivery costs may change to take into account a change in the Customer's address. This will be notified by the Seller as soon as possible.
Article 9. Payment conditions
Payment for the Order will be made by any payment means offered on the Site.
The Seller makes every effort to protect the Customer's banking data. The electronic payment service is secured in order to protect data linked to means of payment. In accordance with current regulations, the Customer's bank details are not kept by the Seller.
The Seller cannot be held responsible in the event of fraudulent use of the means of payment used.
Payments made by the Customer will only be considered final after effective collection by the Seller of the sums due.
Payment in installments with Alma
Payment in installments/deferred is available via our partner Alma. Payment security is ensured by Alma and its service providers. All payments are protected by 3D Secure.Amount of purchases
By paying in several installments with Alma, the Customer does not pay any fees. Except for the following cases:
Alma is a telepayment manager and issues an electronic certificate which will serve as proof of the amount and date of the transaction in accordance with the provisions of articles 1316 et seq. of the civil code.Termination
Any termination of the T&Cs which bind the Seller and the customer, results in the termination of the T&Cs between Alma and the customer.
Article 10. Deliveries
The Products are offered for delivery in a geographical area indicated on the Site. This delivery area is subject to change.
In the event that delivery of the Order is not possible in the geographical area desired by the Customer, the latter will be informed when entering the delivery address of the Order on the Site.
Orders not meeting this geographical condition may possibly be subject to a specific procedure and the Customer is invited to contact the Seller at the address firstname.lastname@example.org to find out the conditions.
The Seller will use all available means to ensure that Orders are shipped to Customers within a period of between 24 (twenty-four) hours and 7 (seven) working days from validation of the Order, depending on the method of delivery. delivery chosen by the Customer at the time of their Order on the Site.
If you subscribe to a Subscription, the starting point for the delivery time is the anniversary date of the first Order, or the date modified by the customer in their customer area.
Furthermore, the delivery times indicated on the Site are indicative and provided for provisional purposes only, they are in working days and do not occur on Saturdays and Sundays, nor on public holidays.
In the event of a change of address, it is the Customer's responsibility to notify it up to three (3) days before preparing the next Order by modifying their contact details in their personal space on the Site.
Delivery is deemed to have been made when the Product is transferred to the Customer, that is to say when the latter or a third party designated by him, takes physical possession of the product.
Verification of the Order upon delivery
Upon delivery, it is the Customer's responsibility to check that the Products delivered are free from any defects and to make any handwritten reservations on the delivery note and complaints to the carrier, directly on the delivery note in handwritten form accompanied by his signature. , or even refuse delivery. Within three (3) working days following delivery of the Products, the Customer must inform the Seller of any reservations or complaints made to the carrier via the contact form. These reservations must be very precise (which product presents what damage) to be taken into account.
By signing the delivery receipt, apart from specific reservations, and accepting the products, the customer acknowledges having received the goods without apparent damage at the time of delivery.
The Customer can, at any time, consult the status of his Order in his personal space on the Site and via delivery tracking messages sent to the Customer by the Seller.
The amount of delivery costs varies depending on the weight, volume and fragility of the Order, as well as the carrier chosen by the Seller. The amount of delivery costs is indicated to the Customer at the time of placing the Order and is subject to his approval before validation of his Order.
Article 11. Transfer of ownership
The transfer of ownership of the Products from the Seller to the benefit of the Customer will only be carried out after full payment of the price by the latter, regardless of the date of delivery of said Products.
In accordance with article L. 216-4 of the Consumer Code, whatever the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto will only be carried out at the time when the Customer will take physical possession of the Products, that is to say, upon delivery.
Article 12. Right of withdrawal
The Customer has a right of withdrawal which he can exercise within (14) fourteen calendar days following the date of receipt or withdrawal of the Order, or of the first Order in the event of subscribing to a Subscription, without having to provide reasons or pay a penalty.
In the event that this period expires on a Saturday, a Sunday or a public or non-working holiday, it is extended until the first following working day.
Notification of the exercise of the right of withdrawal must be made by post or by email to the address: email@example.com to the Seller, using the form below, in Appendix 1 of these General Conditions of Sale.
For reasons of hygiene and health protection, the Customer has the obligation to return the Products in their original condition, in their original packaging, unopened, sealed, unused and unworn, at most late within fourteen (14) days following notification of his desire to exercise his right of withdrawal to the Seller. Return costs are the responsibility of the Customer and will not be reimbursed by the Seller, unless explicitly agreed by the latter.
Reimbursement of the price of the Order will be made within a maximum of fourteen (14) working days, from receipt by the Seller of the Products returned by the Customer, using the same payment method as that used by the Customer for the payment of the Order. Subject to compliance, your entire order will be refunded within 14 days from the date of receipt of your package in our warehouse. Return costs are the responsibility of the customer.
In the event of withdrawal, the sales contract and, where applicable, the Subscription, are terminated.
Article 13. Liability – Guarantees
The Products sold on the Site comply with the regulations in force in France. The Customer is required to check the status of the Order delivered.
The Products supplied by the Seller benefit automatically and without additional payment, independently of the right of withdrawal, in accordance with the legal provisions defined in Appendix 2 to these General Conditions of Sale:
As part of the Legal Guarantee of Conformity provided for in articles L 217-1 et seq. of the Consumer Code, the Customer benefits from a period of two (2) years from delivery of the good to act against of the Seller. He can make his request by registered letter with acknowledgment of receipt. The Customer must choose between repair and replacement of the non-compliant Product subject to the cost conditions provided for by Article L. 217-9 of the Consumer Code and within the limits of available stocks. In the event of a manifest cost difference between the two options, the Seller may impose the less expensive option; the Customer does not have to provide proof of the date the defect appeared. If the Seller contests the application of the guarantee and considers that the defect appeared after the purchase, it is up to him to prove it.
If the Customer invokes the Legal Guarantee of Conformity during the withdrawal period, it will be interrupted. The withdrawal period will begin upon delivery of a new compliant product.
The Customer may decide to implement the Guarantee against Hidden Product Defects within two (2) years of the discovery of the hidden defect in accordance with article 1641 of the Civil Code. He can make his request by registered letter with acknowledgment of receipt. In this case, he can choose between canceling the sale or reducing the sale price in accordance with 1644 of the Civil Code.
The Customer is required to prove the existence of a hidden defect, that is to say not apparent at the time of purchase, which makes the Product unfit for the use for which it is intended or very significantly reduces its use, and which exists at the time of purchase.
If the Customer requests reimbursement for Products delivered with a hidden defect, reimbursement of the Order Price (shipping costs included) will be made within a maximum period of thirty (30) days from receipt, by the Seller, of the Order returned by the Customer. The Customer is required to use the return label contained in the Order delivered to him and does not have to incur additional costs to return the Product for which the guarantee is implemented. Reimbursement of the Order Price will be made using the same payment method as that used by the Customer to pay for the Order.
By mutual agreement, the Seller's liability may only be incurred by the Customer in the event of proven fault. The Seller's liability may be incurred, under common law conditions, for direct and foreseeable damage suffered by the customer. Indirect damages are considered to include loss of data, loss of orders and expected results.
The Seller's liability is strictly limited by the value of the Order. The Seller cannot be held liable in the following cases:
The documents, descriptions and information relating to the Products appearing on the Site are not covered by any warranty, explicit or implicit, with the exception of the warranties provided for by law.
Article 14. Intellectual property
The Seller retains ownership of its methods, know-how and intellectual property rights over the Products and their formulas.
The Seller is the holder in particular of trademarks and domain names protecting the name Dplusforcare and D+ for care. They are the exclusive property of the Seller and cannot be used without his agreement. Which also means that links with other sites without the Seller's consent are strictly prohibited.
All elements of the Site, whether visual or audio, texts, layouts, illustrations, photographs, videography, documents and other elements, including the underlying technology, are the property of the Seller and its partners and are protected by copyright, trademarks and patents. Any total or partial reproduction of the elements accessible on the Site is strictly prohibited and is protected by French and international laws relating to intellectual property.
In addition, the Seller remains the owner of all intellectual property rights on the products and their accessories, their packaging, their brands, logos, graphic charter, design photographs, videographies, texts, presentations, studies, drawings, models, prototypes, etc. The Customer therefore refrains from any reproduction or exploitation of said studies, drawings, models and prototypes, etc., without the express, written and prior authorization of the Seller who may condition it on financial compensation.
These General Conditions of Sale do not entail any transfer of any kind of intellectual property rights over all or part of the elements belonging to the Seller or to its partners and third parties who have granted it a license.
Any reproduction or representation, total or partial, of one of these elements, without the express authorization of the Seller is prohibited and would constitute an infringement punishable by articles L 335-2 et seq. of the Intellectual Property Code.
Consequently, the Customer refrains from any action and any act likely to directly or indirectly infringe the property rights of the Seller.
The distribution of the Products takes place exclusively via the Site, or any other distribution network expressly authorized by the Seller, and with the express prior authorization of the Seller. The Seller reserves the right to take action against unauthorized distribution of the Products within the limits of applicable law.
Article 15. Personal data
The Seller undertakes to comply with the Regulations relating to the protection of personal data and had made a declaration to the Commission Nationale de l'Informatique et des Libertés (CNIL) under number 2164183 upon the creation of its Site.
As part of its commercial relations, the Seller is required to collect and process the personal data of Customers. This information is necessary to ensure the processing, tracking and delivery of the order, as well as to issue an invoice.
This data is processed in accordance with applicable laws and regulations relating to data protection and confidentiality, including Regulation No. 2016/679 known as the General Regulation on the Protection of Personal Data (GDPR).
Furthermore, the Customer can register free of charge on the Bloctel telephone canvassing opposition list at the following address: www.bloctel.gouv.fr .
To have more information on the cookies used by the Site, and on the possibility of refusing them, the Customer can consult our policy on cookies accessible https://dplusforcare.com/pages/politique-de-confidentialite .
Article 16. Proof
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
The Customer recognizes the validity and probative force of electronic exchanges and records kept by the Seller and admits that these elements have the same probative force as a handwritten signed document.
Article 17. Unpredictability
The Seller and the Customer each waive the right to avail themselves of the provisions of Article 1195 of the Civil Code and the contingency regime provided for therein. The Seller and the Customer respectively undertake to perform their obligations even if the contractual balance is upset by circumstances which were unforeseeable at the conclusion of the sale, even if their execution proves excessively onerous and bearable. all the economic and financial consequences.
However, if the change in unforeseeable circumstances at the conclusion of the Subscription was definitive or persisted beyond one month, these conditions would be purely and simply resolved according to the terms defined in These General Conditions of Sale.
Article 18. Force majeure
The Seller and the Customer cannot be held responsible if the non-performance or delay in the performance of any of their obligations results from a case of force majeure, within the meaning of article 1218 of the Civil Code. , as well as in the event of an electronic virus, computer attack or disruption of electricity networks and/or the internet.
The Seller is exempt from its contractual or legal obligations in the event of force majeure which totally or partially prevents the execution of the contract. The Seller's obligations are suspended for the duration of the force majeure at the end of which the deadlines which had been suspended begin to run again.
Article 19. Safeguard clause
If any provision of this Contract is declared invalid by virtue of a law or regulation or a final court decision, the other stipulations of the General Conditions of Sale will remain in force.
Article 20. Transfer of rights and obligations
In the event of total or partial transfer of the Seller's activity, the Subscriptions binding the Customer and the Seller and/or successors and assigns remain binding between the Parties. Subscriptions concluded by the Seller cannot be transferred by the Customer without prior written consent from the Seller.
The Subscriptions, rights and obligations of the Seller may in any case be assigned or transferred without the prior consent of the Customer.
Article 21. Language
These General Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, the French language version prevails.
Article 22. Applicable law
These General Conditions of Sale and the operations resulting from them are governed and subject to French law.
Article 23. Disputes
All disputes to which the purchase and sale operations concluded in application of these General Conditions of Sale could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their consequences and which could not have been be resolved amicably between the Seller and the Customer will be submitted to the competent courts under the conditions of common law.
The Customer is informed that, in accordance with articles L.612-1 et seq. of the Consumer Code, he has the right in the event of a dispute to have recourse free of charge to a consumer mediator, with a view to amicably resolving the dispute. All information is available on the website of the e-commerce mediator of the Federation of e-commerce and distance selling (FEVAD): https://www.mediateurfevad.fr and more precisely at the address: http ://www.mediateurfevad.fr/index.php/espace-consommateur/#toggle-id-10
The Client is invited to contact the mediation services:
It is also possible to resolve the dispute through the Online Dispute Resolution platform set up by the European Commission, accessible at the following address: https://webgate.ec.europa.eu/odr/main /index.cfm?event=main.home.show&lng=FR.
Article 24. Appendix 1: Withdrawal form
To exercise your right of withdrawal, please complete and send the following form by email to the address: firstname.lastname@example.org or by post to the following address:
Company CAFD Solutions
78 avenue Raymond Poincaré - 75116 Paris - France
To the attention of the company CAFD Solutions
I hereby notify you of my withdrawal from the contract relating to the sale of the Product(s) below:
Order number :
Client name :
Customer email address:
I certify that the Product(s) are in their original condition, in their original packaging, unopened , unused and unworn.
Signature (only in case of notification of the form in paper version):
Article 25. Annex 2: Provisions relating to legal guarantees
For all purposes, the following legal provisions are recalled:
Article L. 217-4 of the Consumer Code: “The Seller is required to deliver goods that comply with the Subscription and is responsible for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility. »
Article L. 217-5 of the Consumer Code: “The good complies with the contract: 1° If it is suitable for the use usually expected of a similar good and, where applicable (a) if it corresponds to the description given by the seller and possesses the qualities that the latter presented to the buyer in the form of a sample or model; (b) if it presents the qualities that a buyer can legitimately expect having regard to the declarations public information made by the seller, by the producer or by his representative, in particular in advertising or labeling; 2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. »
Article L217-7 of the Consumer Code: “Defects of conformity which appear within a period of twenty-four months from delivery of the good are presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller can combat this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity. »
Article L217-8 of the Consumer Code: “The buyer has the right to demand that the goods conform to the contract. He cannot, however, contest conformity by invoking a defect that he knew or could not have ignored when he contracted. The same applies when the defect has its origin in the materials he himself supplied. »
Article L217-9 of the Consumer Code: “In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice results in a cost that is manifestly disproportionate with regard to the other method, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer. »
Article L217-10 of the Consumer Code: “If repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price refunded. The same option is open to him: 1° If the solution requested, proposed or agreed pursuant to article L. 217-9 cannot be implemented within one month following the buyer's complaint; 2° Or if this solution cannot be done without major inconvenience for him taking into account the nature of the property and the use he is seeking. However, the sale cannot be canceled if the lack of conformity is minor. »
Article L217-11 of the Consumer Code: “The application of the provisions of articles L. 217-9 and L. 217-10 takes place without any cost for the buyer. These same provisions do not prevent the award of damages.
Article L. 217-12 of the Consumer Code: “The action resulting from the lack of conformity is prescribed two years from the delivery of the good. »
Article L. 217-16 of the Consumer Code: “When the buyer requests from the Seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a discount in a condition covered by the warranty, any period of downtime of at least seven days is added to the remaining warranty period. This period runs from the buyer's request for intervention or the making available for repair of the goods in question, if this making available is subsequent to the request for intervention. »
Article L. 221-18 of the Consumer Code: “The consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded remotely, following canvassing by telephone or outside the establishment, without have to give reasons for their decision or bear costs other than those provided for in articles L. 221-23 to L. 221-25.
The period mentioned in the first paragraph runs from the day:
1° The conclusion of the contract, for service provision contracts and those mentioned in article L. 221-4;
2° Receipt of the goods by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of goods. For contracts concluded off-premises, the consumer may exercise his right of withdrawal from the conclusion of the contract.
In the case of an order for several goods delivered separately or in the case of an order for a good made up of lots or multiple pieces whose delivery is spread over a defined period, the period runs from receipt of the last good or batch or the last piece.
For contracts providing for the regular delivery of goods during a defined period, the period runs from receipt of the first good. »
Article L. 221-21 of the Consumer Code: “The consumer exercises his right of withdrawal by informing the professional of his decision to withdraw by sending it, before the expiration of the period provided for in Article L. 221- 18, of the withdrawal form mentioned in 2° of article L. 221-5 or any other declaration, unambiguous, expressing its desire to withdraw.
The professional may also allow the consumer to complete and transmit online, on his website, the form or declaration provided for in the first paragraph. In this case, the professional communicates, without delay, to the consumer an acknowledgment of receipt of the withdrawal on a durable medium. »
Article L. 221-23 of the Consumer Code: “The consumer returns or returns the goods to the professional or to a person designated by the latter, without undue delay and, at the latest, within fourteen days following communication of his decision to withdraw in accordance with article L. 221-21, unless the professional offers to recover these goods himself.
The consumer only bears the direct costs of returning the goods, unless the professional agrees to bear them or if he has failed to inform the consumer that these costs are his responsibility. However, for contracts concluded off-premises, when the goods are delivered to the consumer's home at the time of conclusion of the contract, the professional recovers the goods at his own expense if they cannot be returned normally by post due to their nature. nature.
The consumer's liability can only be engaged in the event of depreciation of the goods resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of these goods, provided that the professional has informed the consumer of his right withdrawal, in accordance with 2° of article L. 221-5. »
Article L. 221-24 of the Consumer Code: “When the right of withdrawal is exercised, the professional reimburses the consumer for all sums paid, including delivery costs, without unjustified delay and at the latest within 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 he offers to collect the goods himself, the professional may defer reimbursement until recovery of the goods or until the consumer has provided proof of receipt. shipment of these goods, the date chosen being that of the first of these events.
The professional makes this reimbursement using the same means of payment as that used by the consumer for the initial transaction, unless the consumer expressly agrees to use another means of payment and to the extent that the reimbursement does not cause any costs for the consumer.
The professional is not required to reimburse the additional costs if the consumer has expressly chosen a more expensive delivery method than the standard delivery method offered by the professional. »
Article L. 221-27 of the Consumer Code: “The exercise of the right of withdrawal puts an end to the obligation of the parties either to execute the distance contract or the off-premises contract, or to conclude it when the consumer has makes an offer.
Exercising the right to withdraw from a main distance or off-premises contract automatically terminates any ancillary contract, at no cost to the consumer other than those provided for in Articles L. 221-23 to L. 221-25. »
Article L612-1 of the Consumer Code: “Every consumer has the right to have free recourse to a consumer mediator with a view to amicably resolving the dispute between them and a professional. To this end, the professional guarantees the consumer effective recourse to a consumer mediation system.
The professional may set up his own consumer mediation system or offer the consumer the use of any other consumer mediator meeting the requirements of this title.
When there is a consumer mediator whose competence extends to all companies in a field of economic activity to which he relates, the professional always allows the consumer to use it.
The terms and conditions under which the mediation process is implemented are specified by decree of the Council of State. »
Article L612-2 of the Consumer Code: “A dispute cannot be examined by the consumer mediator when:
1° The consumer does not justify having attempted, beforehand, to resolve his dispute directly with the professional by a written complaint according to the terms provided, where applicable, in the contract;
2° The request is manifestly unfounded or abusive;
3° The dispute has previously been examined or is currently being examined by another mediator or by a court;
4° The consumer submitted his request to the mediator within a period of more than one year from his written complaint to the professional;
5° The dispute does not fall within its field of jurisdiction.
The consumer is informed by the mediator, within three weeks of receipt of his file, of the rejection of his mediation request. »
Article 1641 of the Civil Code: “The Seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer does not would not have acquired, or would have only given a lower price, if he had known them. »
Article 1642 of the Civil Code: “The seller is not liable for apparent defects of which the buyer was able to convince himself. »
Article 1643 of the Civil Code: “He is liable for hidden defects, even if he is not aware of them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee. »
Art. 1644 of the Civil Code: “In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price refunded, or keeping the thing and having part of the price refunded.
Article 1646 of the Civil Code: “If the seller is unaware of the defects in the item, he will only be required to return the price, and to reimburse the buyer for the costs incurred by the sale. »
Article 1648 paragraph 1 of the Civil Code: “The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. »