Our Terms and Conditions
Preamble
Article 1. Definitions
Article 2. Purpose
Article 3. Acceptance of the Terms and Conditions
Article 4. Information regarding the customer
Article 5. Product ordering process
Article 6. Right of withdrawal
Article 7. Payment
Article 8. Delivery
Article 9. Transfer of ownership
Article 10. Legal warranties
Article 11. Liability
Article 12. Force majeure
Article 13. Personal data
Article 14. Claims
Article 15. Validity of the Terms and Conditions
Article 16. Amendment of the Terms and Conditions
Article 17. Jurisdiction and applicable law
Appendix 1 – Withdrawal policy
Appendix 2 – Delivery policy
Appendix 3 – Legal warranties
Preamble
Terms and Conditions for Consumers (BtoC)
Distribution Pièces Auto Narbonnaise (DPAN), a Simplified Joint-Stock Company with a Sole Shareholder, with a share capital of €300,000, registered with the Narbonne Trade and Companies Register under number 479 839 227 and whose registered office is located at 320 rue de l’amandière, ZA du castellas, 11100 MONTREDON DES CORBIERES (hereinafter “DPAN`», or `« `the seller“»), edits and operates the online platform accessible at the following address:” https://www.roadloisirs.com (hereinafter the “Platform»)
These terms and conditions govern the sale of Products by DPAN to the consumer Customer (hereinafter collectively referred to as the “ Parties ”), through the Platform.
Article 1. Definitions
The terms mentioned below have, in these Terms and Conditions, the following meaning:
- “Catalogue“: designates the DPAN Product catalog offered for sale through the Platform;
- “Client“: designates the Customer who warrants that they have the status of consumer as defined by French law and case law. In this respect, it is expressly provided that the consumer Customer is a natural person acting for purposes that do not fall within the scope of their commercial, industrial, craft, liberal, or agricultural activity.
- “Order“: refers to the purchase of Products made by a Customer on the Platform from DPAN.
- “Account”: refers to the interface hosted on the Platform where all the data provided by the Customer is stored, allowing them to manage their Orders. Access to the Account is via Login Credentials. “Terms and Conditions”: refers to these general terms and conditions of sale applicable to the Platform.
- “Sale Contract» or «Contract“”: refers to the contractual framework governing the sale of the Product through the Platform. The Sales Contract is made up of:
- The Product Sheet;
- DPAN’s General Terms and Conditions of Sale;
- Any other annexed document entered into between DPAN and the Client to govern the Product Order.
- “Product Sheet»: means the commercial offer related to a Product that must provide all legally required essential information.
- “Identifiers“»: refers to the Client’s email address and password, which are necessary to access their Account.”.
- “Delivery“: refers to the first presentation of the Products ordered by the Customer at the delivery address indicated when placing the Order.
- “Parties“Parties”: in the plural, refers jointly to the Seller and the Client. In the singular, refers to either one of the two Parties.
- “Platform“”: refers to the online platform accessible at the following address: https://www.roadloisirs.com
- “Payment Services Provider» or «PSP“”: designates the company holding a banking license that, through DPAN, provides its payment services in order to collect Customers’ payments. DPAN’s PSP is CF RUB 16 HIPAY, a simplified joint-stock company with a share capital of… 13.125.075,00 euros, whose registered office is located at 94 rue de Villiers, 92300 LEVALLOIS PERRET, registered with the Nanterre Trade and Companies Register under number 390 334 225.
- “Product“”: refers to any product that can be sold on the DPAN Platform, namely including equipment and spare parts for motorhomes, caravans, vans, and converted vans.
Article 2. Purpose
These General Terms and Conditions of Sale are provided to govern the commercial policy applicable to the sale of Products on the Platform.
Article 3. Acceptance of the Terms and Conditions of Sale
The Client undertakes to carefully read these General Terms and Conditions of Sale and to expressly accept them before proceeding with payment for an Order of Products placed on the Platform
The Customer may ознакомиться with these Terms and Conditions at the time of ordering a Product from the Seller via a hyperlink, and they must be reviewed before placing the order.
The Customer is invited to carefully read, download, and print the Terms and Conditions of Sale available at the time of the Order and to keep a copy of them.
It is recommended that the Customer read the Terms and Conditions available on the Platform with each new Order, as the latest version of the Terms and Conditions applies to any new Product Order.
Prior to placing its Order, the Customer declares that it has full legal capacity, enabling it to enter into and conclude any Sales Contract.
By confirming the Order, the Customer acknowledges having read, understood, and accepted the Terms and Conditions without limitation or condition.
Article 4. Information relating to the Client
To be able to place an Order, the Customer must register on the Platform in accordance with the terms set out in the Platform’s Terms of Use.
Using his login credentials, the Customer will be able to log in to his Account and place an Order for Products with the Seller.
The Customer declares, prior to placing their Order, that the purchase of Products on the Platform is not directly related to their professional activity and is limited to strictly personal use
The information the Customer provides to the Seller when placing an Order must be complete, accurate, and up to date.
The Seller reserves the right to ask the Customer to confirm, by any appropriate means, their identity, eligibility, and the information provided.
Article 5. Product Ordering Process
5.1. Product Characteristics
The Seller undertakes to present, in a clear, legible, and understandable manner, the essential characteristics of the Products within the Product Sheet, as well as the mandatory information that the Customer must receive under applicable law.
These characteristics and information appear on the Seller’s Product Sheets available on the Platform. These Product Sheets include in particular the description (color, available size, features), the composition, the format, and the price of the Product.
The Seller shall indicate, in particular, where legally required to do so:
- The environmental qualities and characteristics of any waste-generating Product (the incorporation of recycled materials, the use of renewable resources, durability, compostability, repairability, possibilities for reuse, recyclability, and the presence of hazardous substances, precious metals, or rare earths) ;
- The sustainability index for electrical and electronic equipment and for DIY and gardening items ;
- The applicable sorting rules.
Therefore, the Customer agrees to read them carefully before placing an order on the Platform.
The Client acknowledges having verified that the offer and the Products are suitable for its needs
The Seller guarantees that the Products marketed comply with current European legislation and the standards applicable in France.
5.2. Order Procedure
Product Orders are placed directly on the Platform or by telephone by contacting the sales department at +(33) 04 27 83 82 80, Monday to Friday from 8:30 a.m. to 12:30 p.m. and from 1:30 p.m. to 6:00 p.m. To place an Order on the platform, the Customer must follow the steps described below.
5.2.1 Product Selection
The Customer must select the Product(s) of their choice by clicking on the relevant Product(s) and choosing the desired quantity or, where applicable, the characteristics of the Product desired.
Once the Product has been selected, the Product is placed in the Customer’s cart. The Customer may add as many Products as they wish to their cart.
5.2.2. Orders
Once the Product has been placed in the cart, the Customer must click on the cart and verify that the contents of their Order are correct.
To validate the contents of the cart and proceed to payment, the Customer is invited to log in to their Account created under the conditions set out in the Terms of Use.
The Customer is invited to check the contents of their Order (including the quantity and references of the Products ordered, the payment method, and the price) before confirming it.
The Customer then becomes aware of the Terms and Conditions and accepts them when confirming the Order.
After verification, the Customer may then proceed with the secure payment of the Products by following the instructions on the Platform and provide all information necessary for invoicing and delivery of the Products, where applicable.
Orders placed must include all the information necessary for processing them.
5.2.3. Acknowledgment of receipt
Once all the steps described above have been completed, a page appears on the Platform to acknowledge receipt of the Customer’s Order. A copy of the Order acknowledgment is automatically sent to the Customer by email within twenty-four (24) business hours, provided that the email address provided through the registration form or in the Account is correct.
Article 6. Right of withdrawal
The terms of the right of withdrawal are set out within the…Appendix 1 “Withdrawal Policy”.
Article 7. Payment
7.1. Payment methods
Payments made in connection with Orders via the Platform are managed by the Payment Service Provider.
The Customer can pay for their Products online on the Platform:
- by bank card
- by PayPal or by bank card via PayPal
- by bank transfer (the order is then confirmed upon receipt of the order amount in our bank account; the information needed to make the transfer is available in the order confirmation email sent to the Customer)
- by cheque (only for mainland France) issued by a French bank payable to DPAN, if the order is destined for France (the order is then confirmed upon receipt of the cheque as well as proof of identity and address), sent to:
DPAN
320 rue de l’Amandière, Castellas industrial zone
11100 Montredon-des-Corbières
France
Any payment incident will result in the cancellation of the order, and the Company may refuse subsequent orders if a dispute remains with the Customer.
During payment, the Customer will be redirected to a secure area. The Customer acknowledges being informed that any payment on the Platform is made via the Payment Service Provider, which manages the financial flows.
In this context, the Client guarantees to the Seller that it holds all the required authorizations to use the chosen payment method.
All necessary measures will then be taken to ensure the security and confidentiality of the data transmitted online in connection with online payment on the Platform.
7.2. Refusal of payment
If the bank refuses to debit a card, the Customer must contact DPAN.
In the event that, for whatever reason, whether due to opposition, refusal, or otherwise, the transfer of the funds owed by the Client proves impossible, the Order and the sale shall be canceled.
Article 8. Delivery
The delivery terms are detailed within the…Annex 2 “Delivery Policy”.
Article 9. Transfer of ownership
The Seller remains the owner of the Products delivered until they have been paid for in full by the Customer.
The above provisions do not prevent the transfer to the Customer, at the moment when the Customer or a third party designated by the Customer physically takes possession of this Product, of the risks of loss or damage to the Products subject to the retention of title, as well as the risks of damage that they may cause.
If the Product is handed over to a carrier other than the one proposed by the Seller, the risk of loss of or damage to the Product is transferred to the Customer upon delivery of the Product to the carrier.
Article 10. Legal warranties
All Customers benefit from “legal” warranties for all Products, detailed within the..Annex 3 “Legal Warranties” in accordance with Article L.221-5 of the French Consumer Code.
Article 11. Liability
The Seller’s liability may under no circumstances be incurred in the event of non-performance or improper performance of contractual obligations attributable to the Customer, particularly when placing the Order.
The Seller shall not be held liable, or deemed to have breached these terms, for any delay in or non-performance of any of its obligations described herein, where the cause of such delay or non-performance is related to a case of force majeure as defined by the case law of the French courts and tribunals.
Article 12. Force Majeure
The Seller’s liability cannot be engaged if the failure or delay in performing any of its obligations described in these Terms and Conditions results from a case of force majeure within the meaning of Article 1218 of the French Civil Code and French case law.
There is force majeure in contractual matters when an event beyond the debtor’s control, which could not reasonably have been foreseen at the time the Contract was concluded and whose effects cannot be avoided by appropriate measures, prevents the debtor from performing its obligation.
If the impediment is temporary, performance of the obligation is suspended unless the resulting delay justifies termination of the contract. If the impediment is permanent, the contract is automatically terminated and the parties are released from their obligations under the conditions provided for in the… articles 1351 and 1351-1 of the Civil Code.
In the event that one of the aforementioned events occurs, the Seller shall endeavor to inform the Customer as soon as possible.
Article 13. Personal Data
Any consumer has the option to register free of charge on the BLOCTEL do-not-call list https://www.bloctel.gouv.fr/
In accordance with Law No. 2020-901 of July 24, 2020, aimed at regulating telephone solicitation and combating fraudulent calls, any professional reserves the right to contact a consumer who is registered on the telephone solicitation opposition list when the solicitation occurs in connection with the performance of an ongoing contract and relates to the subject matter of that contract, including when it involves offering the consumer products or services related to or complementary to the subject matter of the ongoing contract, or that are intended to improve its performance or quality.
The Customer’s data is kept confidential by the Seller for the purposes of the Agreement, its performance, and in compliance with the law, for a period of three (3) years from the end of the business relationship if you are a Customer, or from your last contact if you are not yet a customer
The data may be disclosed, in whole or in part, to the Seller’s service providers involved in the Order process.
In accordance with Law No. 78-17 of 6 January 1978 relating to data processing, files and freedoms, and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (the General Data Protection Regulation, known as the GDPR), the Seller ensures the implementation of the rights of the data subjects.
It is recalled that the Client, whose personal data are processed, has the rights of access, rectification and erasure, updating, portability, and objection regarding the information concerning them, as well as the right to restriction of processing in accordance with Articles 15, 16, 17 and 18 of the GDPR.
In accordance with the provisions of Article 56 of the French Data Protection Act and Article 21 of the GDPR, the Customer may also, for legitimate reasons, object to the processing of their personal data, without having to provide a reason and free of charge
The Client may also determine the fate of their data after their death and choose whether the Seller may or may not disclose their data to a third party previously designated by the Client (Article 85 of the French Data Protection Act).
The Customer may exercise these rights by sending an email to or by sending a letter to the Seller.
Finally, the Client may also lodge a complaint with the supervisory authorities, in particular the CNIL (the French Data Protection Authority)https://www.cnil.fr/fr/plaintes).
The overall policy related to the processing of personal data implemented by DPAN is detailed in the Platform’s Privacy Policy, accessible here: privacy policy link
Article 14. Complaints
Any Customer shall have the possibility of submitting a complaint regarding an Order of Products to the Seller.
The Customer must contact the Seller from their Account or by telephone at +(33) 04 27 83 82 80 within 24 business hours of receipt of any Product regarding the ordered Products, or in the absence of receipt of the ordered Products, for example in the following cases:
· Product not received;
Non-conforming product: the product received does not match the product ordered;
Damaged product: the product received is damaged or incomplete.
The Client must also indicate the number of the relevant Order.
Any dispute related to the Product Order shall be resolved directly between the Customer and the Seller, the sole parties to the Sales Contract.
Article 15. Validity of the Terms and Conditions
If any of the provisions of these Terms and Conditions were to be declared null and void under any applicable statutory or regulatory provision and/or by a court decision having the force of res judicata, it shall be deemed unwritten but shall in no way affect the validity of the other clauses, which shall remain fully applicable.
Such a modification or decision shall in no case authorize the Customers to disregard these Terms and Conditions of Sale.
Article 16. Modification of the Terms and Conditions
These Platform Terms and Conditions are dated precisely and may be modified and updated at any time. However, it is specified that the applicable Terms and Conditions are those in force at the time of the Order. Thus, any changes made to the Terms and Conditions will not apply to Products already ordered.
Article 17. Jurisdiction and applicable law
These terms and conditions, as well as the relationship between the customer and the seller, are governed by French law.
In the event of a dispute, only the French courts shall have jurisdiction.
However, before any recourse to an arbitral or state court, the Client is invited to contact the Seller via their Account.
If no agreement is reached, or if the Customer can prove that they first attempted to resolve their dispute directly with the Seller by means of a written complaint without receiving a response, an optional mediation procedure will then be proposed, conducted in a spirit of fairness and good faith with the aim of reaching an amicable settlement in the event of any dispute relating to these Commercial Terms, including any dispute concerning their validity.
To initiate this mediation, and pursuant to Article L. 616-1 of the French Consumer Code, the Customer may contact the FEVAD consumer mediator (Fédération du e-commerce et de la vente à distance), who may be referred to as follows:
Consumer Ombudsman FEVAD
BP 20015 - 75362 PARIS CEDEX 8 - FRANCE
https://www.mediateurfevad.fr/
Any consumer also has the option of using the European Online Dispute Resolution platform, accessible at the following address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR
The Party wishing to initiate the mediation process must first inform the other party by registered letter with acknowledgment of receipt, indicating the elements of the dispute.
Since mediation is not mandatory, the Client or the Seller may withdraw from the process at any time.
IN THE EVENT THAT MEDIATION SHOULD FAIL OR NOT BE CONSIDERED, THE DISPUTE THAT MAY HAVE GIVEN RISE TO MEDIATION SHALL BE REFERRED TO THE COMPETENT COURT.
Annex 1 – Withdrawal Policy
Right of withdrawal
As a general rule, the Customer has the right to withdraw by returning or handing back the Product to the Seller, without giving any reason.
For this purpose, the Product must be returned or handed back no later than fourteen (14) days after the communication of the decision to withdraw, unless the Seller offers to collect the Product itself.
Cooling-off period
The withdrawal period expires fourteen (14) days after the day on which the Customer, or a third party other than the carrier and designated by the Customer, takes physical possession of the Product.
In the case where the Customer has ordered several Products via a single Order resulting in several Deliveries (or in the case of an Order for a single Product delivered in several lots), the withdrawal period shall expire fourteen (14) days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the last good (or lot)
In the case of delivery of the Product in several lots of parts, the withdrawal period will expire fourteen (14) days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the last lot or the last part
Notice of the right of withdrawal
To exercise the right of withdrawal, and in accordance with “Article L.221-21 of the Consumer Code”n, the Customer must notify their decision to withdraw by means of an unambiguous statement (for example, a letter sent by post, fax, or email) to the Seller.
He can also use the form below:
WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract.)
“To the attention of” [Nom du Vendeur – Adresse géographique et adresse électronique]
I hereby notify you of my withdrawal from the contract concerning the sale of the product below:
Ordered on / received on:
Consumer name:
Consumer address:
Consumer signature (only in case of notification of this form on paper):
Date :
To meet the withdrawal period deadline, the Customer must send their notice regarding the exercise of the right of withdrawal before the withdrawal period expires.
Effects of withdrawal
In the event of withdrawal by the Customer, the Seller undertakes to reimburse all sums paid, including delivery charges, without undue delay and no later than fourteen (14) days from the date on which it is informed of the Customer’s decision to withdraw (Article L.221-24 of the French Consumer Code).
In accordance with Article L. 221-23 of the French Consumer Code, the consumer shall bear only the direct cost of returning the goods, unless the Seller agrees to cover it.
The Seller may defer the refund until the Products have been recovered or until the Customer has provided proof of shipment of the Products, whichever occurs first.
The Seller shall issue the refund using the same means of payment that the Customer used for the initial transaction, unless the Customer expressly agrees to use another means of payment and provided that the refund does not incur any fees for the Customer.
Return policy
In any event, the Customer must, no later than fourteen (14) days after communicating their decision to withdraw from these Commercial Terms, return the item to the Seller’s address.
This deadline is deemed met if the Client returns the item before the expiry of the fourteen (14) days.
Return shipping costs
The Customer shall bear the direct cost of returning the goods.
Condition of the returned item
The Product must be returned in accordance with the Seller’s instructions and must include, in particular, all accessories supplied.
The Client is liable only for any depreciation of the item resulting from handling other than what is necessary to establish the nature, characteristics, and proper functioning of this Product. In other words, the Client may test the Product, but liability may be incurred if the Client carries out handling beyond what is necessary.
Exclusion of the right of withdrawal
The right of withdrawal cannot be exercised for contracts (Article L.221-28 of the Consumer Code):
- Of the supply of services fully performed before the end of the withdrawal period and, if the contract places the consumer under an obligation to pay, whose performance began with the consumer’s prior express consent and with the consumer’s acknowledgment of the loss of the right of withdrawal, where the service has been fully performed by the trader ;
- The supply of goods or services whose price depends on fluctuations in the financial market beyond the professional’s control and that may occur during the withdrawal period ;
- The supply of goods made to the consumer’s specifications or clearly personalized;
- Of the supply of goods liable to deteriorate or perish quickly ;
- Of the supply of goods that have been unsealed by the consumer after delivery and that cannot be returned for reasons of hygiene or health protection ;
- Supply of goods which, after delivery and by their nature, are inseparably mixed with other items ;
- The supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose agreed value at the time of the contract’s conclusion depends on fluctuations in the market beyond the professional’s control ;
- Maintenance or repair work to be carried out urgently at the consumer’s home and expressly requested by them, limited to the replacement parts and work strictly necessary to address the emergency ;
- Of the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery ;
- For the supply of a newspaper, periodical or magazine, except for subscription contracts for these publications ;
- Concluded at a public auction ;
- Of accommodation services, other than residential accommodation, goods transport services, car rental services, catering services, or leisure activities that are to be provided on a specified date or during a specified period ;
- Of the supply of digital content not supplied on a tangible medium, the performance of which began before the end of the withdrawal period and, if the contract places the consumer under an obligation to pay, when:
a) He has expressly given his prior consent for the performance of the contract to begin before the end of the withdrawal period; and
b) He acknowledged that he will lose his right of withdrawal; and
c) The professional provided confirmation of the consumer’s agreement in accordance with the provisions of the second paragraph of Article L. 221-13.
Annex 2 – Delivery Policy
Delivery Area
The default delivery area is mainland France, it being specified that the Seller may restrict the geographical delivery area. This information is indicated in the Product Sheet and/or the Seller’s Terms and Conditions.
It is impossible to place an Order for any Delivery address located outside this Delivery area. The Products are shipped to the Delivery address that the Customer provided during the ordering process.
Shipping time
The lead times for preparing an Order, before shipment of Products in stock, are indicated on the Product Sheet or, failing that, in the Terms and Conditions. These timeframes exclude weekends and public holidays.
An email will be automatically sent to the Customer when the Product is shipped, provided that the email address in the registration form is correct.
Delivery Times & Shipping Fees
During the ordering process, the Seller informs the Customer of the possible shipping times and delivery methods for the Products purchased. Shipping costs are calculated according to the delivery method. The amount of these costs shall be payable by the Customer in addition to the price of the Products purchased. Details of delivery times and charges are indicated on the Seller’s Product Sheet.
Delivery Terms
The delivery terms are detailed on the Seller’s Product Sheet or, failing that, in the General Terms and Conditions of Sale (GTC).
Delivery Problems
In the event of the Seller’s failure to fulfill its obligation to deliver, the Customer may rely on Article L.216-6 of the French Consumer Code, which provides for the possibility of:
- To notify the suspension of payment of all or part of the price until the professional performs, under the conditions of Articles 1219 and 1220 of the Civil Code ;
- To terminate the contract if, after having formally notified the professional to make delivery within an additional reasonable period, the latter has not performed within that period.
The Sales Contract shall be deemed terminated upon receipt by the Seller of the letter or written notice informing it of such termination, unless the Seller has performed in the meantime.
The Client may immediately terminate the contract:
- When the professional refuses to deliver the Product or when it is clear that he will not deliver the goods;
- When the professional does not fulfill its obligation to deliver the Product on the date or by the end of the period provided for in Article L.216-1 of the French Consumer Code, and when that date or period constitutes an essential condition of the contract for the Customer. This essential condition arises from the circumstances surrounding the conclusion of the contract or from an express request made by the Customer before the conclusion of the contract.
When the contract is terminated under the aforementioned conditions, the Seller shall reimburse the Customer all amounts paid, no later than fourteen (14) days from the date on which the contract was terminated.
Annex 3 – Legal warranties
Apart from any commercial warranties that the Seller may offer for certain Products, each Customer benefits from “legal” warranties, for all Products, which are detailed below, in accordance with Article L.111-1 of the French Consumer Code.
The consumer has a period of two years from the delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity. During this period, the consumer is required only to establish the existence of the lack of conformity and not the date on which it appeared.
When the sales contract for the goods provides for the supply of digital content or a digital service on a continuous basis for a period exceeding two years, the legal guarantee applies to that digital content or digital service throughout the entire period of supply provided for. During that period, the consumer is required only to establish the existence of the lack of conformity affecting the digital content or digital service, and not the date on which it appeared.
The legal guarantee of conformity entails an obligation for the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods.
The legal guarantee of conformity gives the consumer the right to have the goods repaired or replaced within thirty days of their request, free of charge and without significant inconvenience to them.
If the item is repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the original warranty.
If the consumer requests repair of the item, but the seller requires replacement, the legal guarantee of conformity is renewed for a period of two years from the date the item is replaced.
The consumer may obtain a reduction in the purchase price by keeping the goods, or may terminate the contract and receive a full refund upon returning the goods, if:
1° The professional refuses to repair or replace the item ;
2° Repair or replacement of the item takes place after a period of thirty days ;
3° Repair or replacement of the good causes a major inconvenience to the consumer, notably when the consumer permanently bears the costs of taking back or removing the non-conforming good, or when the consumer bears the costs of installing the repaired or replacement good ;
4° The non-conformity of the goods persists despite the seller’s attempt to bring them into conformity, which was unsuccessful.
The consumer is also entitled to a reduction in the price of the goods or to termination of the contract when the lack of conformity is so serious that it justifies immediate price reduction or termination of the contract. The consumer is then not required to first request repair or replacement of the goods.
The consumer is not entitled to rescind the sale if the lack of conformity is minor.
Any period during which the goods are immobilized for repair or replacement suspends the remaining warranty period until the repaired goods are delivered.
The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the French Consumer Code.
A seller who, in bad faith, obstructs the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to as much as 10% of the average annual turnover (Article L. 241-5 of the Consumer Code).
The consumer also benefits from the legal warranty against hidden defects pursuant to Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the item is kept, or to a full refund in exchange for returning the item.