Terms of Sales
Preamble
These General Terms and Conditions of Sale (the “Terms and Conditions”) apply to the website dayplus.co (hereinafter “the Site”), published by CAFD Solutions, a simplified joint stock company (société par actions simplifiée à associé unique) with share capital of €866.12, whose headquarter is located at 78 avenue Raymond Poincaré, 75116 Paris, France, registered with the Paris Trade and Companies Register under number 829 322 247, with intra-community VAT number FR76829322247 (hereinafter referred to as “the Seller” or “CAFD Solutions”).
The website dayplus.co enables CAFD Solutions to sell food supplements to users of the Site and to offer subscription plans for the monthly sale of such supplements.
Article 1 – Scope of Application
These General Terms and Conditions of Sale are intended to define the rights and obligations of the parties to distance sales contracts (the “Order”) concluded between the Seller and consumers and/or purchasers (the “Client” or “Clients”) concerning the products offered for sale (the “Products”) on the Site. These Terms and Conditions apply without restriction or reservation to all Orders.
The Terms and Conditions are accessible at any time on the Site and prevail, where applicable, over any other version or conflicting document, as well as over any other conditions applicable to in-store or alternative distribution and marketing channels.
The applicable Terms and Conditions are those in force on the Site at the time the Client places the Order. By validating their Order on the Site and clicking on “I have read and accept the general terms and conditions of sale,” the Client acknowledges having read, understood, and unconditionally accepted these Terms and Conditions.
CAFD Solutions reserves the right to modify these Terms and Conditions at any time. Any updates shall take effect as soon as they are published on the Site.
The Client declares that they have the legal capacity to enter into a contract with the Seller. The Seller’s products are intended for sale only to consumers and non-professionals for their personal use, and not to professionals for resale purposes. The Client therefore declares that they are acting as a final consumer and have no intention of reselling the Products for commercial purposes.
Accordingly, the Seller reserves the right to refuse large-quantity Orders.
Article 2 – Accessibility of the Site
The Site’s services are normally accessible to Clients 24 hours a day, 7 days a week, throughout the year, except in cases of voluntary or involuntary interruption, particularly for maintenance, security needs, or force majeure. The Seller is subject only to a best-efforts obligation and cannot be held liable for any damage, whatever its nature, resulting from unavailability of the Site.
CAFD Solutions does not guarantee that the Site will be free from anomalies, errors, or bugs, nor that it will operate without interruption or failure. The company may freely determine, at its sole discretion, any period of unavailability of the Site or its content. CAFD Solutions shall not be held liable for data transmission problems, connection issues, or network unavailability.
CAFD Solutions reserves the right to modify or update the Site for technical or commercial reasons. When such modifications do not substantially or negatively affect the conditions under which services are provided, the Client may be informed of such changes, but their acceptance will not be required.
Article 3 – Registration on the Site
To place an Order, the Client must first register on the Site by creating an account containing their personal information (the “Client Account”).
Registration is validated after the Client has completed and submitted the standard registration form, which includes certain personal data such as full name, delivery address, email address, and phone number. For proper Order management, the Client must provide all mandatory information.
When creating their Account, the Client must ensure the accuracy and completeness of the data provided and is required to keep this information up to date.
Login credentials (username and password) are personal and confidential. These may only be modified by the Client or the Seller, particularly in the event of a password reset. The Client is solely responsible for the use of their login details and must keep them confidential. Any disclosure of such information shall not be attributable to the Seller.
Any Order placed using the Client’s login details shall be deemed to have been placed by the Client. The Seller cannot be held liable for any damage resulting from the disclosure or misuse of these credentials by a third party.
The Client will receive a confirmation email upon successful registration. In the event of an error in the recipient’s contact details, CAFD Solutions cannot be held responsible for any inability to deliver the Products.
By registering on the Site, the Client declares and guarantees to CAFD Solutions that they are of legal age and have full legal capacity to contract.
Article 4 – Products
The Products and subscriptions available for sale are those displayed on the Site at the time of the Client’s visit.
CAFD Solutions takes great care in the presentation and description of its Products to best inform the Client. The main characteristics of the Products, including specifications, illustrations, dimensions, or properties, are described as accurately as possible on the Site. Product photos and graphics are non-contractual and do not engage the Seller’s liability. Despite the Seller’s best efforts to ensure accurate photographic representation, digital display variations may occur; such discrepancies do not constitute grounds for liability.
The Products are declared as food supplements to the DGCCRF (Direction Générale de la Concurrence, de la Consommation et de la Répression des Fraudes) in compliance with Article 16 of Decree No. 2006-352 of 20 March 2006 on food supplements. They are not medicines and are not intended to replace a healthy, balanced diet. They are not designed to prevent, treat, or cure any disease.
The Client is solely responsible for assessing their own health and needs and for verifying, prior to consumption, the compatibility of the Products with their condition and, if necessary, consulting a healthcare professional.
Any documents, reports, or testimonials available on the Site are provided for informational purposes only and cannot replace a medical consultation. The Seller recommends following the Product usage guidelines strictly. Overconsumption of dietary supplements may cause adverse effects.
The Client therefore undertakes to comply with the Product usage and storage instructions. They are responsible for their purchase decisions once all relevant information has been made available by the Seller.
The Seller agrees to fulfill Orders only within the limits of available stock. Stock availability is updated in real time, but any technical error in updating does not constitute liability on the part of CAFD Solutions. In case of stock shortage, the Seller will inform the Client.
If a Product ordered under a subscription becomes permanently unavailable, the Seller will inform the Client as soon as possible and issue a refund within fourteen (14) days from receipt of the refund request.
The Seller reserves the right to refuse any abnormal or bad-faith Order or any Order placed for legitimate reasons, including ongoing disputes over payment of previous Orders.
Article 5 – Ordering Process : One-Time Purchase and Subscriptions
After creating a Client Account, the Client may place an Order for one or more Products for single delivery (“One-Time Order”) and/or subscribe to a recurring purchase plan (“Subscription”) consisting of monthly shipments (or other frequencies specified on the Site) of selected Products, until either the Client or the Seller terminates the Subscription under the terms set out herein.
To place an Order, the Client must:
- Access the Site
- Select the Products of interest and click on “Add to Cart.”
In the event of prolonged inactivity during the session, the previously selected Products and Services may no longer be guaranteed. The Customer will then be invited to restart their selection from the beginning. - Review and verify their Order in the “My Cart” section, correcting any errors if necessary
- Confirm the Order, including selected Products, delivery method, and total price
- Log in or create a Client Account if not already done
- Follow the instructions of the online payment server to complete the payment for the Order. If the Customer has chosen to pay via PayPal, they will be redirected to the secure PayPal payment platform.
If the payment is made by credit card, it will be processed through Stripe, a secure and specialized payment server.
The Client will immediately receive an electronic confirmation of payment and an Order confirmation with the invoice attached.
Once the Order has shipped, the Client will receive an electronic shipping confirmation.
Delivery will occur at the address specified by the Client. By completing these steps, the Client agrees to the contractual terms in accordance with Article 1316-1 of the French Civil Code.
The sale becomes final upon the Seller’s electronic confirmation and receipt of full payment.
Article 6 – Subscriptions
Subscription Terms & Duration
The Subscription is entered into for an indefinite period, until terminated by either party under the conditions set forth in thes General Terms and Conditions of Sale. By subscribing, the Customer agrees that a monthly payment corresponding to the variable amount of Products selected on the Website will be charged using any payment method offered on the Website. Accordingly, for the entire duration of the Subscription, the Customer will be automatically charged at each renewal for the total amount, including all applicable taxes (VAT included), corresponding to their selection.
Subscription Modifications
The Client may modify the Products included in their Subscription, change their address or delivery method, or suspend their Subscription by emailing the Seller at client@dayplus.co before the next scheduled automatic payment.
Subscription Cancellation
The termination of the Subscription may be:
- Standard cancellation: The Client is committed for a minimum period of three months. After the second payment, the Client may cancel their Subscription at any time through their online account or by emailing client@dayplus.co. Customer service is available Monday to Friday from 9 AM to 6 PM. If cancellation occurs after payment for the current month, that month’s Order remains valid and cannot be canceled. The cancellation will take effect the following month. Clients who benefited from preferential pricing due to loyalty will lose this benefit if they cancel and later resubscribe at the current rate. If no action is taken by the Client, the Subscription will automatically renew under the same conditions as the previous order.
- Termination for Breach by Either Party: In the event that either party fails to comply with the obligations under the Subscription, the Subscription may be terminated at the discretion of the non-breaching party. It is expressly agreed that such termination for breach shall take eeect automatically, with notice of default arising solely from the non performance of the obligation, without any formal demand or procedural requirement. Termination may also be initiated by the Seller under the conditions set forth in the “Customer Account Deactivation” article of these General Terms and Conditions of Sale.
- In all cases, it is expressly agreed between the parties that a party obligated to make payment shall be validly considered in default solely by the enforceability of the obligation.
Article 7 – Deactivation of Client Account
In case of breach of these Terms and Conditions, payment incidents, false information provided upon account creation, or actions detrimental to the Seller’s interests, the Seller reserves the right to suspend access to the Site’s services or, in serious cases, to terminate the Client’s Subscription and Account after notifying the Client. No damages may be claimed in such cases.
The Seller also reserves the right to refuse future transactions with any Client previously excluded or sanctioned for such behavior.
Article 8 – Prices
The prices of the Products and Subscriptions are indicated on the Website in the currency shown, depending on the geographical area, inclusive of all taxes but excluding delivery charges.
The total Order price includes the price of the Products and lists the delivery charges separately. All prices are shown inclusive of taxes.
The Subscription price is fixed and non-revisable for the entire duration of the Subscription. The Seller reserves the right to modify the price of future Subscriptions at any time and without notice. Subscriptions already in effect shall not be affected by any price changes made after the date of subscription.
Delivery charges may change if the Client’s delivery address changes. The Seller will notify the Client as soon as possible in such cases.
Article 9 – Payment Terms
Payment for the Order shall be made using any of the payment methods available on the Website.
The Seller takes all reasonable measures to protect the Client’s banking data. The online payment service is secured in order to protect payment-related information. In accordance with applicable regulations, the Client’s banking information is not stored by the Seller.
The Seller shall not be held liable in the event of fraudulent use of the payment method used.
Payments made by the Client shall be considered final only once the Seller has effectively collected the sums due.
Article 10 – Delivery
Delivery Areas
Products are available for delivery within the geographical area specified on the Website. This area may be subject to change.
If delivery of an Order is not possible within the geographical area requested by the Client, the Client will be informed at the time of entering their delivery address on the Website.
Orders that do not fall within the delivery area may, in certain cases, be subject to a special arrangement. The Client is invited to contact the Seller at client@dayplus.co for further information.
Delivery Times
The Seller will make every effort to ensure that Orders are dispatched to Clients within a period of between twenty-four (24) hours and seven (7) working days from the date the Order is confirmed, depending on the delivery method chosen by the Client on the Website.
For Subscriptions, the delivery time frame begins on the monthly anniversary date of the initial Order, or on the modified date indicated by the Client in their customer account.
The Seller shall not be held liable for any event arising from the carrier’s fault or for any case of force majeure.
Delivery times indicated on the Website are for guidance only and are given as an estimate in working days; Saturdays, Sundays, and public holidays are excluded.
In the event of a change of address, the Client must notify the Seller at least three (3) days prior to the preparation of the next Order by updating their personal information in their online account.
Delivery is deemed complete when the Product is physically transferred to the Client, i.e., when the Client or a third party designated by them takes physical possession of the Product.
Verification upon Delivery
Upon delivery, it is the Customer’s responsibility to verify that the delivered Products are free from any defects and to make any handwritten reservations or claims directly on the delivery note, including their signature, or to refuse delivery if necessary.
Within three (3) business days following delivery, the Customer must confirm such reservations or claims with the carrier by registered letter with acknowledgment of receipt, and immediately send a copy to the Seller. These reservations must be very precise (specifying which Product has which damage) in order to be taken into account. Failure to submit a claim within the above-mentioned period extinguishes any action against the carrier. Consequently, any claim regarding apparent damage at the time of delivery will not be accepted.
By signing the delivery receipt without specifying precise reservations and by accepting the Products, the Customer acknowledges having received the merchandise without apparent damage at the time of delivery.
Tracking of Delivery
The Client may check the status of their Order at any time via their personal account on the Website and through delivery tracking notifications sent by the Seller.
Delivery Charges
Delivery charges vary according to the weight, volume, and fragility of the Order, as well as the carrier chosen by the Seller. The total delivery cost is indicated to the Client at the time of placing the Order and must be expressly approved before confirmation.
Article 11 – Transfer of Ownership
Ownership of the Products shall pass from the Seller to the Client only after full payment of the price by the Client, regardless of the delivery date of said Products.
In accordance with Article L. 216-4 of the French Consumer Code, regardless of the transfer of ownership date, the transfer of risk of loss or damage related to the Products shall occur only when the Client physically takes possession of the Products, i.e., upon delivery.
Article 12 – Right of Withdrawal
The Client has the right to withdraw from the purchase within fourteen (14) calendar days from the date of receipt or collection of the Order, or from the date of receipt of the first Order in the case of a Subscription, without having to provide any reason or pay any penalty.
If this period expires on a Saturday, Sunday, or public holiday, it shall be extended to the next working day.
The Client must notify the Seller of their decision to exercise their right of withdrawal by mail or email at client@dayplus.co, using the form provided in Annex 1 of these Terms and Conditions.
For hygiene and health protection reasons, the Client must return the Products in their original condition and packaging, unopened, sealed, unused, and unworn, no later than fourteen (14) days after notifying the Seller of their decision to withdraw. Return shipping costs are borne by the Client and will not be reimbursed by the Seller unless expressly agreed otherwise.
The refund of the Order price will be made within a maximum of fourteen (14) working days from the date the Seller receives the returned Products, using the same payment method as that used by the Client for the Order. The refund excludes delivery and return costs (which amount to €30 in France, €35 in Europe, and €40 from outside Europe).
In the event of withdrawal, the sales contract and any related Subscription are terminated.
Article 13 – Liability and Warranties
The Products sold on the Website comply with the regulations in force in France. The Client is responsible for checking the condition of the delivered Order.
The Products supplied by the Seller benefit automatically and without additional payment, independently of the right of withdrawal, from the following statutory guarantees, as defined in Annex 2 of these Terms and Conditions:
- of the Legal Guarantee of Conformity, for Products that are defective, damaged, or not in accordance with the Order:
Under the Legal Warranty of Conformity provided for in Articles L. 217-1 et seq. of the French Consumer Code, the Customer benefits from a period of two (2) years from the delivery of the goods
to take action against the Seller. Claims must be made by registered letter with acknowledgment of receipt. The Customer must choose between repair or replacement of the non-conforming Product, subject to the cost conditions set forth in Article L. 217-9 of the Consumer Code and within the limits of available stock. In the case of a significant difference in cost between the two options, the Seller may impose the less expensive option. The Customer is not required to provide proof of the date on which the defect appeared. If the Seller disputes the application of the warranty and claims that the defect appeared after purchase, the burden of proof rests with the Seller.
If the Customer invokes the Legal Warranty of Conformity during the withdrawal period, this period will be suspended. The countdown of the withdrawal period will resume upon delivery of a new conforming product.
- of the Legal Guarantee Against Hidden Defects for defects of material, design, or manufacture that render the delivered Products unfit for their intended use:
The Customer may invoke the Warranty Against Hidden Defects of the Product within two (2) years from the discovery of the hidden defect, in accordance with Article 1641 of the French Civil Code. Claims must be made by registered letter with acknowledgment of receipt. In such cases, the Customer may choose between rescission of the sale or a reduction in the purchase price, in accordance with Article 1644 of the Civil Code.
The Customer is required to prove the existence of a hidden defect, i.e., a defect not apparent at the time of purchase, which renders the Product unfit for its intended use or significantly reduces its usability, and which existed at the time of purchase.
If the Customer requests a refund for Products delivered with a hidden defect, the refund of the Order Price (including shipping costs) will be processed within a maximum of thirty (30) days from the Seller’s receipt of the Order returned by the Customer. The Customer must use the return label included with the delivered Order and will not incur any additional costs to return the Product for which the warranty is invoked. The refund of the Order Price will be made using the same payment method the Customer used to pay for the Order.
Liability Limitation
By mutual agreement, the Seller’s liability may only be engaged by the Customer in the event of proven fault. The Seller’s liability may be incurred, under general law, only for direct and foreseeable damages suffered by the Customer. Indirect damages are specifically excluded, including, but not limited to, data loss, lost orders, or unrealized profits.
The Seller’s liability is strictly limited to the value of the Order. The Seller shall not be liable in the following cases:
- Non-compliance by the Customer with the laws of the country where the Products are delivered (outside France), which is the Customer’s responsibility to verify;
- Misuse of the Products;
- Use of the Products for professional purposes;
- Negligence or lack of proper maintenance by the Customer, including normal wear and tear of the Product;
- Accidents;
- Force majeure.
Documents, descriptions, and information related to the Products on the Website are not covered by any warranty, whether express or implied, except for warranties provided by law.
Article 14 – Intellectual Property
The Seller retains ownership of its methods, know-how, and intellectual property rights relating to the Products and their formulas.
The Seller holds trademarks and domain names protecting the names Dplusforcare and DAY+, which are its exclusive property and may not be used without prior consent. Linking to other websites without the Seller’s authorization is strictly prohibited.
All elements of the Website, whether visual or audio, including text, layout, illustrations, photographs, videos, documents, and underlying technology, are the property of the Seller or its partners and are protected by copyright, trademark, and patent laws. Any total or partial reproduction of elements accessible on the Website is strictly prohibited and protected under French and international intellectual property laws.
Furthermore, the Seller retains ownership of all intellectual property rights in the Products and their accessories, packaging, trademarks, logos, graphic identity, photographs, videos, texts, presentations, studies, drawings, models, and prototypes. The Client shall not reproduce or use any of these elements without the Seller’s prior written consent, which may be subject to financial compensation.
These Terms and Conditions do not entail any transfer of intellectual property rights, in whole or in part, belonging to the Seller or its partners.
Any reproduction or representation, in whole or in part, without the Seller’s express authorization constitutes infringement and is punishable under Articles L.335-2 et seq. of the French Intellectual Property Code.
Accordingly, the Client shall refrain from any act that may directly or indirectly infringe the Seller’s rights.
The distribution of the Products is carried out exclusively through the Website or other networks expressly authorized by the Seller. The Seller reserves the right to take action against any unauthorized distribution of its Products.
Article 15 – Personal Data
The Seller undertakes to comply with the regulations on personal data protection and made a declaration to the Commission Nationale de l’Informatique et des Libertés (CNIL) under number 2164183 at the time of the Website’s creation.
In the course of its commercial relationship, the Seller may collect and process Clients’ personal data. This information is necessary for processing, tracking, and delivering Orders, and for invoicing.
Such data are processed in compliance with applicable laws and regulations on data protection and privacy, including Regulation (EU) 2016/679, the General Data Protection Regulation (GDPR).
The Seller refers Clients to its Privacy Policy for full details regarding how their personal data are processed and the rights they may exercise.
Clients may also register, free of charge, on the Bloctel telephone solicitation opt-out list at www.bloctel.gouv.fr.
The Website uses cookies and other tracking technologies, which allow information related to the navigation of the device (computer or smartphone) on the website to be recorded.
For more information about the cookies used and how to refuse them, Clients are invited to consult our Cookie Policy.
Article 16 – Proof
Unless proven otherwise, data recorded in the Seller’s computer systems shall constitute proof of all transactions concluded with the Client.
The Client acknowledges the evidential value of electronic records retained by the Seller and agrees that such records shall have the same probative force as a handwritten document.
Article 17 – Hardship (Imprévision)
The Seller and the Client each waive the right to invoke the provisions of Article 1195 of the French Civil Code and the hardship regime provided therein. Both parties undertake to perform their contractual obligations even if the contractual balance is disrupted by circumstances that were unforeseeable at the time of conclusion of the sale, even if such performance becomes excessively onerous, and to bear all related economic and financial consequences.
However, if the unforeseeable change of circumstances becomes permanent or continues for more than one month, the contract shall be automatically terminated in accordance with the terms of these General Terms and Conditions of Sale.
Article 18 – Force Majeure
Neither the Seller nor the Client shall be held liable if the non-performance or delay in the performance of any of their obligations arises from an event of force majeure within the meaning of Article 1218 of the French Civil Code, or from an electronic virus, cyber-attack, or disruption of electricity and/or internet networks.
The Seller shall be released from its contractual or legal obligations in the event of force majeure preventing full or partial performance of the contract. The Seller’s obligations shall be suspended for the entire duration of the force majeure event, after which any suspended time limits shall resume.
Article 19 – Severability Clause
If any provision of this Contract is declared invalid under any law, regulation, or final court decision, the remaining provisions of these General Terms and Conditions of Sale shall remain in full force and effect.
Article 20 – Transfer of Rights and Obligations
In the event of a total or partial transfer of the Seller’s business, Subscriptions binding the Customer and the Seller and/or their successors and assigns shall remain fully enforceable between the Parties. Subscriptions entered into by the Seller may not be assigned by the Customer without the prior written consent of the Seller.
The Subscriptions, as well as the Seller’s rights and obligations, may in any case be assigned or transferred without the prior consent of the Customer.
Article 21 – Language
These General Terms and Conditions of Sale are written in French. In the event of translation into one or more foreign languages, the French version shall prevail in the event of any dispute or inconsistency.
Article 22 – Applicable Law
These General Terms and Conditions of Sale and all transactions arising therefrom are governed by and subject to French law.
Article 23 – Disputes
Any disputes arising from the purchase and sale transactions concluded under these General Terms and Conditions of Sale, regarding their validity, interpretation, performance, termination, consequences, or follow-up, which cannot be resolved amicably between the Seller and the Customer, shall be submitted to the competent courts under applicable law.
The Customer is informed that, in accordance with Articles L.612-1 et seq. of the French Consumer Code, they have the right, in the event of a dispute, to use a consumer mediator free of charge for the purpose of amicable dispute resolution. All relevant information is available on the website of the E commerce Consumer Mediator of the Fédération du e-commerce et de la vente à distance (FEVAD): https://www.mediateurfevad.fr, and specifically at: http://www.mediateurfevad.fr/index.php/espace-consommateur/#toggle-id-10. The Customer is invited to contact the mediation services:
- By postal mail at: Médiateur du e-commerce de la FEVAD, 60 rue la Boétie – 75008 Paris, or
- By filling out the online submission form available on the mediator’s website: https://xrm.eudonet.com/V7/app/specif/EUDO_03047/FEVAD/Formulaire.aspx.
It is also possible to resolve the dispute via the Online Dispute Resolution platform set up by the European Commission, accessible at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR.
Annex 1 – Withdrawal Form
To exercise your right of withdrawal, please complete and send the following form either by email to client@dayplus.co or by post to the following address:
CAFD Solutions
78 Avenue Raymond Poincaré
75116 Paris
France
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To the attention of CAFD Solutions
I hereby notify you of my withdrawal from the contract for the sale of the Product(s) listed below:
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Product Description |
Quantity |
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Product 1 |
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Product 2 |
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Product 3 |
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Order number:
Date ordered:
Date received:
Client name:
Client address:
Client email address:
I certify that the Product(s) are in their original condition, in unopened, unused, and unworn original packaging.
Date:
Signature (only if this form is submitted in paper version):
Annex 2 – Provisions Concerning Statutory Guarantees
For reference, the following legal provisions are recalled:
Article L. 217-4 of the French Consumer Code: “The Seller is required to deliver goods in conformity with the Subscription and is liable for any non conformity existing at the time of delivery. The Seller is also liable for non-conformities resulting from packaging, assembly instructions, or installation when such responsibilities are imposed on the Seller by the contract or carried out under the Seller’s responsibility.”
Article L. 217-5 of the French Consumer Code: “A product is in conformity with the contract: 1° If it is suitable for the use normally expected of such goods and, where applicable, (a) corresponds to the description given by the Seller and possesses the qualities presented to the Buyer in the form of a sample or model; (b) possesses the qualities that a Buyer can reasonably expect in light of public statements made by the Seller, producer, or their representative, notably in advertising or labeling; 2° Or if it possesses the characteristics agreed upon by the Parties or is suitable for any special use sought by the Buyer, made known to the Seller and accepted by the Seller.”
Article L. 217-7 of the French Consumer Code: “Non-conformities appearing within twenty-four months from delivery are presumed to have existed at the time of delivery, unless proven otherwise. For second-hand goods, this period is six months. The Seller may rebut this presumption if it is incompatible with the nature of the goods or the claimed non-conformity.”
Article L. 217-8 of the French Consumer Code: “The Buyer has the right to require conformity of the goods with the contract. However, the Buyer may not contest conformity by invoking a defect they knew or could not have been unaware of at the time of contracting. The same applies when the defect originates from materials supplied by the Buyer.”
Article L. 217-9 of the French Consumer Code: “In the event of non-conformity, the Buyer chooses between repair and replacement of the goods. However, the Seller may not comply with the Buyer’s choice if it results in a manifestly disproportionate cost compared to the alternative, considering the value of the goods or the significance of the defect. In such cases, the Seller must proceed, unless impossible, according to the option not chosen by the Buyer.”
Article L. 217-10 of the French Consumer Code: “If repair and replacement are impossible, the Buyer may return the goods and be refunded the price, or keep the goods and receive a partial refund. The same option applies: 1° If the solution requested, proposed, or agreed under Article L. 217-9 cannot be implemented within one month following the Buyer’s claim; 2° Or if it cannot be implemented without major inconvenience to the Buyer, considering the nature of the goods and the intended use. The sale may not be rescinded if the non-conformity is minor.”
Article L. 217-11 of the French Consumer Code: “The application of Articles L. 217-9 and L. 217-10 shall be at no cost to the Buyer. These provisions do not prevent the award of damages.”
Article L. 217-12 of the French Consumer Code: “Actions resulting from non-conformity must be brought within two years from delivery of the goods.”
Article L. 217-16 of the French Consumer Code: “When the Buyer requests the Seller, during the course of a commercial warranty granted at the time of purchase or repair of a movable good, to carry out covered repair work, any period of immobilization of at least seven days shall be added to the remaining duration of the warranty. This period begins from the Buyer’s request for intervention or the provision of the goods for repair, if such provision occurs after the intervention request.”
Article L. 221-18 of the French Consumer Code: “The Consumer has a period of fourteen (14) days to exercise their right of withdrawal from a distance contract, following a telephone solicitation, or off-premises contract, without providing any reason or incurring costs other than those specified in Articles L. 221-23 to L. 221-25.
This period runs from:
1° The conclusion of the contract, for service contracts and those mentioned in Article L. 221-4;
2° The receipt of the goods by the consumer or a third party, other than the carrier, designated by them, for sales of goods. For off-premises contracts, the withdrawal period runs from the conclusion of the contract.
For orders involving multiple goods delivered separately or composed of multiple lots or pieces delivered over a period, the period runs from receipt of the last item, lot, or piece. For contracts providing regular delivery of goods over a defined period, the period runs from receipt of the first item.”
Article L. 221-21 of the French Consumer Code: “The Consumer exercises their right of withdrawal by notifying the professional of their decision before the expiry of the period provided in Article L. 221-18, either by using the withdrawal form mentioned in 2° of Article L. 221-5 or by any other clear statement expressing their intention to withdraw.
The professional may also allow the consumer to complete and submit the form or statement online via its website. In this case, the professional must promptly provide the consumer with an acknowledgment of receipt of the withdrawal on a durable medium.”
Article L. 221-23 of the French Consumer Code: “The Consumer returns the goods to the professional or a person designated by the professional without undue delay and no later than fourteen (14) days from the communication of their withdrawal decision under Article L. 221-21, unless the professional offers to collect the goods themselves. The Consumer bears only the direct costs of returning the goods, unless the professional agrees to bear them or failed to inform the consumer that these costs are to be borne by them. For off premises contracts, where goods are delivered to the consumer’s home at the time of contracting, the professional collects the goods at their expense if they cannot be returned normally by mail due to their nature.
The Consumer’s liability is limited to any diminished value of the goods resulting from handling beyond what is necessary to establish the nature, characteristics, and proper functioning of the goods, provided that the professional informed the consumer of their right of withdrawal in accordance with 2° of Article L. 221-5.”
Article L. 221-24 of the French Consumer Code: “When the right of withdrawal is exercised, the professional shall reimburse the consumer for all amounts paid, including delivery costs, without undue delay and no later than fourteen (14) days from the date on which the professional is informed of the consumer’s decision to withdraw.
For sales of goods, unless the professional offers to collect the goods themselves, the reimbursement may be delayed until the goods are recovered or the consumer provides proof of shipment, the earlier of these events being the reference date.
The professional shall carry out the reimbursement using the same payment method used by the consumer for the initial transaction, unless the consumer expressly agrees to another method, provided that the reimbursement does not incur any costs for the consumer.
The professional is not required to reimburse any additional costs if the consumer has expressly chosen a delivery method more expensive than the standard delivery offered by the professional.”
Article L. 221-27 of the French Consumer Code: “Exercising the right of withdrawal terminates the parties’ obligation to perform the distance or off premises contract or to conclude it when the consumer has made an offer.
Exercising the right of withdrawal for a main distance or off-premises contract automatically terminates any ancillary contract, without cost to the consumer other than those provided for in Articles L. 221-23 to L. 221-25.”
Article L. 612-1 of the French Consumer Code: “Every consumer has the right to use, free of charge, a consumer mediator for the amicable resolution of a dispute with a professional. For this purpose, the professional guarantees the consumer effective access to a consumer mediation scheme.
The professional may set up its own mediation scheme or offer the consumer the option to use any other consumer mediator meeting the requirements of this Title.
Where a sector-wide consumer mediator exists covering all businesses in a given economic activity, the professional must always allow the consumer to use it.
The modalities for implementing the mediation process are specified by decree of the Council of State.”
Article L. 612-2 of the French Consumer Code: “A dispute cannot be examined by a consumer mediator when:
1° The consumer has not attempted, in advance, to resolve the dispute directly with the professional via a written complaint according to the applicable contract procedures;
2° The claim is manifestly unfounded or abusive;
3° The dispute has previously been examined or is under examination by another mediator or court;
4° The consumer submits the request to the mediator more than one year after sending a written complaint to the professional;
5° The dispute falls outside the mediator’s competence.
The consumer shall be informed by the mediator, within three weeks of receiving the file, if the mediation request is rejected.”
Article 1641 of the French Civil Code: “The Seller is bound by the warranty for hidden defects of the sold item which make it unfit for the intended use, or which so diminish that use that the Buyer would not have acquired it, or would have paid a lower price, had they known of the defects.”
Article 1642 of the French Civil Code: “The Seller is not liable for apparent defects which the Buyer could have discovered themselves.”
Article 1643 of the French Civil Code: “The Seller is liable for hidden defects, even if they were unaware of them, unless they expressly stipulated that no warranty would apply.”
Article 1644 of the French Civil Code: “In the cases of Articles 1641 and 1643, the Buyer may choose either to return the item and be refunded the price, or to keep the item and obtain a partial refund.”
Article 1646 of the French Civil Code: “If the Seller was unaware of the defects, they shall only be liable for refunding the price and reimbursing the Buyer for expenses incurred due to the sale.”
Article 1648, first paragraph, of the French Civil Code: “Actions arising from hidden defects must be brought by the Buyer within two years from the discovery of the defect.”
