General Terms and Conditions of Sale
These general terms and conditions of sale apply to all sales concluded on the OHLALA website.
The website www.ohlala-equestrian.com is a service provided by:
- UGE JUMPING
- located at 44 rue Eugène Brémond, 49300 Cholet, France
- Website URLs: www.ohlala-equestrian.com, www.ohlala-equestrian.com, www.ohlala-sellerie.be, www.ohlala-sellerie.fr
- e-mail: hello@ohlala-equestrian.com
- telephone: +33 (0)1 86 26 68 62
The OHLALA website sells the following products: products connected to the equestrian world, the canine world, and clothing.
The customer declares that they have read and accepted the general terms and conditions of sale prior to placing their order. Validation of the order therefore constitutes acceptance of the general terms and conditions of sale.
Article 1 - Principles
These general terms and conditions express the entirety of the parties' obligations. As such, the buyer is deemed to accept them unreservedly.
These general terms and conditions of sale apply to the exclusion of all other conditions, including those applicable to in-store sales or through other distribution and sales channels.
They are accessible on the OHLALA website and shall, where applicable, take precedence over any other version or conflicting document.
The seller and the buyer agree that these general terms and conditions exclusively govern their relationship. The seller reserves the right to amend these general terms and conditions from time to time. Any amendments will take effect as soon as they are published online.
Should any condition of sale be found to be missing, it shall be deemed governed by the practices in force in the distance selling sector for companies based in France.
Article 2 – Content
These general terms and conditions are intended to define the rights and obligations of the parties in connection with the online sale of goods offered by the seller to the buyer via the OHLALA website.
These terms apply exclusively to purchases made on the OHLALA website and delivered within mainland France, Corsica, and the various countries available at checkout on the OHLALA website. For deliveries to French overseas territories or abroad, please note that customs duties may apply and are not included in the shipping costs.
These purchases relate to the following products: products connected to the equestrian world, the canine world, and clothing.
Article 3 – Pre-Contractual Information
The buyer acknowledges that they have received, prior to placing their order and concluding the contract, in a legible and comprehensible manner, these general terms and conditions of sale and all information listed in Article L. 221-5 of the Consumer Code.
The following information is communicated to the buyer in a clear and comprehensible manner:
- the essential characteristics of the goods;
- the price of the goods and/or the method of price calculation
- and, where applicable, any additional transport, delivery or postage costs and any other possible charges (excluding customs duties for orders destined for countries other than mainland France).
- in the absence of immediate performance of the contract, the date or timeframe by which the seller undertakes to deliver the good, regardless of its price;
- information relating to the seller's identity, postal, telephone and electronic contact details, and activities, as well as information relating to legal warranties, the functionality of digital content and, where applicable, its interoperability, and the existence and terms of implementation of warranties and other contractual conditions.
Article 4 - The Order
The buyer may place their order online via the online catalogue and the order form provided, for any product, subject to available stock. The buyer will be informed of any unavailability of the ordered product or item.
To validate the order, the buyer must accept these general terms and conditions. They must also select a delivery address and method, and confirm their chosen payment method. In the absence of a specific confirmation, placing the order constitutes acceptance of these terms and conditions.
The sale shall be deemed final:
- after the seller sends the buyer confirmation of order acceptance by email;
- and after the seller has received payment in full.
Placing an order constitutes acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will be handled within the framework of any applicable exchange and the warranties set out below.
In certain cases, including non-payment, an incorrect address, or another issue with the buyer's account, the seller reserves the right to place the buyer's order on hold until the matter is resolved.
If a technical issue causes a product to be displayed at an unrealistically low price, the seller reserves the right to cancel the order.
For any query regarding an order, the buyer may call the following number: +33 (0)1 86 26 68 62 from France (local call rate) or +32 2 808 21 50 from Belgium (local call rate), during the following days and hours: Monday to Friday, 9am to 5pm, or send an email to the seller at the following address: hello@ohlala-equestrian.com.
Article 5 - Electronic Signature
Providing the buyer's bank card number online and final confirmation of the order shall constitute proof of the buyer's agreement to:
- amounts due under the order form becoming payable,
- Signature and express acceptance of all transactions carried out.
In the event of fraudulent use of a bank card, the buyer is invited, upon becoming aware of such use, to contact the seller at the following email address: hello@ohlala-equestrian.com.
Article 6 - Order Confirmation
The seller provides the buyer with a copy of the contract by email.
Article 7 – Proof of Transaction
Computerised records, kept in the seller's computer systems under reasonable security conditions, shall be considered as proof of communications, orders and payments between the parties. The archiving of order forms and invoices is carried out on a reliable and durable medium that may be produced as evidence.
Article 8 – Product Information
The products governed by these general terms and conditions are those listed on the seller's website and indicated as sold and dispatched by the seller.
Products are offered subject to availability from the seller or the seller's supplier. In the event that a product is confirmed as unavailable, the seller undertakes to refund the buyer as promptly as possible.
Products are described and presented as accurately as possible. However, if any errors or omissions have occurred in this presentation, the seller's liability may not be engaged.
Product photographs are not contractually binding.
Article 9 - Pricing
The seller reserves the right to modify prices at any time but undertakes to apply the rates in force at the time of ordering, subject to availability on that date.
Prices are stated in euros and do not include delivery charges, which are added separately and displayed before the order is confirmed. Prices include the applicable VAT rate at the time of ordering, and any change to the applicable VAT rate will be automatically reflected in the prices in the online shop.
Should any new taxes or levies — including environmental ones — be introduced or modified, whether upward or downward, such changes may be passed on to the selling price of products.
In the event of a system error on the part of the seller displaying a price that may be deemed derisory, the seller reserves the right to cancel the order.
Article 10 – Payment Methods
This is an order with a payment obligation, meaning that placing the order requires payment from the buyer.
To pay for their order, the buyer may use any of the payment methods made available by the seller and listed on the seller's website. The buyer warrants to the seller that they hold all necessary authorisations to use their chosen payment method when confirming the order. The seller reserves the right to suspend any order processing and delivery in the event of refusal of card payment authorisation by officially accredited bodies, or in the event of non-payment. The seller also reserves the right to refuse to fulfil a delivery or honour an order from a buyer who has not fully or partially settled a previous order, or with whom a payment dispute is ongoing.
Full payment is due at the time of ordering, in accordance with the following methods:
- by bank payment card (Visa or Mastercard)
- by PayPal
- via Bancontact
- by Klarna
- by Alma
- via Apple Pay
Spread the cost with Alma
Deferred or instalment payment is available through our partner Alma in selected countries. Payment security is managed by Alma and its service providers. All payments are protected by 3D Secure.
Purchase amount
- P2X: Only purchases between €50 and €4,000 are eligible for payment with Alma (Delivery to France, Germany, Austria, the Netherlands, Luxembourg, Ireland, Belgium, Italy, Spain, Portugal)
- P3X: Only purchases between €50 and €4,000 are eligible for payment with Alma (Delivery in France, Germany, Austria, Netherlands, Luxembourg, Ireland, Belgium, Italy, Spain, Portugal)
- P4X: Only purchases between €50 and €4,000 are eligible for payment with Alma (Delivery in France, Germany, Austria, Netherlands, Luxembourg, Ireland, Italy, Spain, Portugal)
-
P10X: Only purchases between €400 and €4,000 are eligible for payment with Alma (Delivery in France, Germany, Spain, Italy, Portugal)
Fees
When paying in instalments with Alma, the Customer will be subject to fees.
| Payment type | % fees |
|
Pay in 2 instalments |
0,87% |
|
Pay in 3 instalments |
1,73% |
|
Pay in 4 instalments |
2,58% |
|
Pay in 10 instalments |
7.35% up to €3,333 | 5.17% beyond |
Alma is a remote payment manager and issues an electronic certificate that shall 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 Terms and Conditions binding the Seller and the customer also entails termination of the Terms of Use between Alma and the customer.
Article 11 - Product Availability - Refunds - Cancellation
Except in cases of force majeure or during periods when the online shop is closed — which will be clearly announced on the website's homepage — dispatch times will be as indicated below, subject to stock availability. Dispatch times run from the order registration date shown in the order confirmation email.
For deliveries, the dispatch time is between 1 and 30 working days depending on stock availability, from the day following the date on which the buyer placed their order, via Colissimo. The maximum dispatch time is 30 working days from the conclusion of the contract. An additional dispatch period may be granted if the item is customisable.
In the event of failure to meet the agreed delivery date or timeframe, the buyer must, before terminating the contract, formally request that the seller fulfil it within a reasonable additional period.
Should the seller fail to perform by the end of this new deadline, the buyer shall be free to cancel the contract.
The buyer must complete these successive formalities by recorded delivery with acknowledgement of receipt.
The contract shall be deemed terminated upon receipt by the seller of the letter or written notice informing them of such termination, unless the seller has fulfilled their obligations in the meantime.
The buyer may, however, immediately terminate the contract if the dates or deadlines referred to above represent an essential condition of the contract for them.
In such cases, once the contract is cancelled, the seller is required to refund the buyer the full amount paid, no later than 14 days from the date on which the contract was terminated.
If the ordered product is unavailable, the buyer will be informed as soon as possible and will have the option to cancel their order. The buyer may then choose either a refund of the amounts paid within 14 days of payment, or a credit note for the value of the product.
Article 12 – Delivery Terms
Delivery refers to the transfer to the consumer of physical possession or control of the goods. Ordered products are delivered in accordance with the methods and timeframe specified above.
Products are delivered to the address provided by the buyer on the order form; the buyer is responsible for ensuring its accuracy. Any parcel returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the buyer's expense. Upon request, the buyer may receive a digital invoice at their billing address rather than the delivery address, by selecting the relevant option on the order form.
If, at the time of delivery, the original packaging is damaged, torn or open, the buyer must check the condition of the items. If they have been damaged, the buyer must refuse the parcel and note a reservation on the delivery slip (parcel refused as it is open or damaged).
The buyer must note on the delivery slip, in the form of handwritten reservations accompanied by their signature, any anomaly relating to the delivery (damage, missing item compared to the delivery note, damaged parcel, broken products, etc.).
This verification is deemed completed once the buyer, or a person authorised by them, has signed the delivery note.
The buyer must then confirm these reservations in writing by recorded delivery to the carrier no later than two working days following receipt of the item(s), and send a copy of this letter by fax or standard post to the seller at the address indicated in the legal notices of the website.
If products need to be returned to the seller, a return request must be submitted to the seller within 14 days of delivery. Any claim made outside this period cannot be accepted. Returns will only be accepted for products in their original condition (unused, with packaging, accessories, instructions, and original labels intact).
Article 13 – Delivery Errors
The buyer must notify the seller of any delivery error and/or non-conformity of the products in nature or quality compared to the information on the order form, on the day of delivery or at the latest on the first working day following delivery. Any claim submitted after this deadline will be rejected.
Complaints should be sent to the following email address: hello@ohlala-equestrian.com
Any claim not submitted in accordance with the rules set out above and within the required timeframe will not be taken into account, and the seller will be released from all liability towards the buyer.
In the event of a delivery error or refund, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging, via Colissimo, to the following address: 44 rue Eugène Brémond, 49300 Cholet.
Return shipping costs resulting from a delivery error to mainland France and Belgium are borne by the seller.
Article 14 - Product Warranty
Statutory warranty of conformity and statutory warranty against hidden defects
OHLALA guarantees that the goods conform to the contract, entitling the buyer to submit a claim under the statutory warranty of conformity set out in Articles L. 217-4 et seq. of the Consumer Code, or under the warranty against defects in the item sold within the meaning of Articles 1641 et seq. of the Civil Code.
In the event that the statutory warranty of conformity is invoked, it is noted that:
- the buyer has 14 days from the date of delivery of the good to take action
- the buyer may choose between repair or replacement of the goods, subject to the cost conditions set out in Article L. 217-17 of the Consumer Code;
Furthermore, it is noted that:
- the statutory warranty of conformity applies independently of the commercial warranty indicated below;
- the buyer may choose to invoke the warranty against hidden defects in the item sold, within the meaning of Article 1641 of the Civil Code. In this case, they may choose between cancellation of the sale or a reduction in the price, in accordance with Article 1644 of the Civil Code.
Article 15 - Right of Withdrawal
In accordance with consumer protection regulations, the buyer has 14 days from the date of delivery to return any item that does not suit them and request either a refund or a store credit in the form of a gift card valid for 1 year from the date of issue, with no penalty. If the buyer has selected a paid delivery option to receive their order, the shipping costs associated with that delivery are excluded from the store credit or refund amount.
Returns must be made in their original condition and complete (new product, packaging, accessories, instructions, label…) to allow resale as new, accompanied by the purchase invoice.
Damaged, soiled or incomplete items will not be accepted for return. The cost of reshipping damaged, soiled or incomplete items will be borne by the buyer.
The right of withdrawal may be exercised online using the withdrawal form available on this website. In that case, an acknowledgement of receipt on a durable medium will be sent to the buyer immediately. Any other means of declaring withdrawal is accepted, provided it is unambiguous and clearly expresses the intention to withdraw.
Return postage from France and Belgium is complimentary when the return label is downloaded from the seller's returns portal at the following address: https://ohlala-equestrian.com/a/returns/portal .
Return shipping costs for all other zones are the responsibility of the buyer.
In the case of promotional offers entitling the buyer to receive a complimentary product from a certain order amount or upon purchase of a specific item, a refund may only be issued if the complimentary item is also returned. Otherwise, only a store credit to the value of the returned item (valid for 1 year from the date of issue) may be issued by the seller.
In accordance with Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts relating to:
- supply of goods whose price depends on fluctuations in the financial market beyond the control of the professional and which may occur during the withdrawal period;
- supply of goods made to the consumer's specifications or clearly personalised;
- supply of goods liable to deteriorate or expire rapidly;
- supply of goods that have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
- supply of goods which, after delivery, have by their nature been inseparably mixed with other items;
- supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the time of contracting depends on fluctuations in the market beyond the seller's control;
- maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by them, limited to the spare parts and work strictly necessary to address the emergency;
- supply of audio or video recordings or computer software that have been unsealed by the consumer after delivery;
- supply of a newspaper, periodical, or magazine, except for subscription contracts to such publications;
- supply of digital content not provided on a physical medium, the performance of which has begun with the consumer's prior express consent and express waiver of their right of withdrawal.
Accordingly, personalised items, saddles, monthly subscription boxes, underwear, books, and similar products are excluded from the right of withdrawal. This list is not exhaustive.
Article 16 – Force Majeure
Any circumstances beyond the control of the parties that prevent the normal performance of their obligations shall be considered grounds for exemption and shall result in the suspension of those obligations.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence and of their cessation.
Force majeure events shall include all irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, and beyond the parties' control, which cannot be prevented despite all reasonably possible efforts. Expressly considered as force majeure events or acts of God, in addition to those typically recognised by French courts: blockage of transport or supply means, earthquakes, fires, storms, floods, lightning, disruption of telecommunications networks, or difficulties specific to telecommunications networks external to clients.
The parties shall come together to assess the impact of the event and agree on the conditions under which the contract will continue to be performed. If the force majeure event lasts longer than three months, these general terms and conditions may be terminated by the affected party.
Article 17 - Intellectual Property
The content of the website remains the property of the seller, who is the sole holder of intellectual property rights over that content.
Buyers agree not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an act of infringement.
OHLALA is a registered trademark with the INPI and may not be used by any party other than the seller.
Any person using the trademark without authorisation or the content of the website may face criminal liability.
Article 18 - Data Protection
The personal data provided by the buyer is necessary for processing their order and issuing invoices.
They may be shared with the seller's partners responsible for the fulfilment, processing, management, and payment of orders.
The processing of information communicated through the OHLALA website has been declared to the CNIL.
The buyer has a permanent right of access, modification, rectification, and objection with regard to information concerning them. This right may be exercised under the conditions and procedures defined on the OHLALA website.
Article 19 – Partial Invalidity
If one or more provisions of these general terms and conditions are held to be invalid or declared as such pursuant to a law, regulation, or final decision of a competent court, the remaining provisions shall retain their full force and effect.
Article 20 – Non-Waiver
The fact that either party does not invoke a breach by the other party of any of the obligations set out in these general terms and conditions shall not be construed in the future as a waiver of the obligation in question.
Article 21 - Headings
In the event of any conflict of interpretation between any heading appearing at the top of a clause and any clause itself, the headings shall be deemed non-existent.
Article 22 – Language of the Contract
These general terms and conditions of sale are written in French. Should they be translated into one or more foreign languages, only the French text shall be binding in the event of a dispute.
Article 23 - Mediation
The buyer may have recourse to conventional mediation, in particular through the Consumer Mediation Commission or existing sector-specific mediation bodies, or to any alternative dispute resolution method (such as conciliation) in the event of a dispute.
Article 24 - Applicable Law
These general terms and conditions are subject to French law. The competent court is the judicial tribunal.
This applies to both substantive and procedural rules. In the event of a dispute or complaint, the buyer should first contact the seller to seek an amicable resolution.
Article 25 – Personal Data Protection
Data collected:
The personal data collected on this website is as follows:
Account creation: when creating a user account, the user's last name, first name, email address, phone number, and postal addresses are collected;
Login: when the user logs in to the website, it records, in particular, their last name, first name, login data, usage data, location data, and payment information.
Profile: the use of services available on the website allows users to complete a profile, which may include an address, a phone number, preferences, consumption habits, and data relating to their equestrian practice.
Payment: in connection with the payment for products and services offered on the website, the site records financial data relating to the user's bank account or credit card.
Communication: when the website is used to communicate with other members, data relating to the user's communications is temporarily retained.
Cookies: Cookies are used as part of the website experience. Users can disable cookies at any time through their browser settings.
Use of personal data
Personal data collected from users is used to provide website services, improve them, and maintain a secure environment. More specifically, the uses are as follows:
- access to and use of the website by the user;
- management of the operation and optimisation of the website;
- organisation of the terms of use of Payment Services;
- verification, identification and authentication of data transmitted by the user;
- offering users the ability to communicate with other users of the website;
- provision of user support;
- personalisation of services by displaying advertisements based on the user's browsing history and preferences;
- prevention and detection of fraud, malware (malicious software) and management of security incidents;
- management of any disputes with users;
- sending commercial and promotional information based on user preferences.
Sharing Personal Data with Third Parties
Personal data may be shared with third-party companies in the following cases:
- When the user makes use of payment services, and in order to implement those services, the website works with third-party banking and financial institutions with which it has entered into agreements;
- When the user publishes information accessible to the public in the free comment sections of the website;
- When the user authorises a third-party website to access their data;
- When the website uses the services of third-party providers to deliver user support, advertising, and payment services. These providers have limited access to user data solely for the purpose of performing these services, and are contractually obliged to use it in compliance with applicable personal data protection regulations;
- Where required by law, the website may transmit data in response to claims made against the website and to comply with administrative and judicial procedures;
- Should the website be involved in a merger, acquisition, asset sale, or insolvency proceedings, it may be required to transfer or share some or all of its assets, including personal data. In such cases, users would be informed before their personal data is transferred to a third party.
Security and Confidentiality
The website implements organisational, technical, software and physical security measures to protect personal data against alteration, destruction and unauthorised access. However, it should be noted that the internet is not a completely secure environment, and the website cannot guarantee the security of the transmission or storage of information online.
Exercising users' rights
Under the applicable personal data regulations, users have the following rights, which they may exercise by submitting a request to the following address: hello@ohlala-equestrian.com.
- The right of access: users may exercise their right of access to find out what personal data is held about them. In this case, before exercising this right, the website may request proof of the user's identity in order to verify its accuracy.
- The right to rectification: if the personal data held by the website is inaccurate, users may request that their information be updated.
- The right to erasure: users may request the deletion of their personal data, in accordance with applicable data protection laws.
- The right to restriction of processing: users may request that the website restrict the processing of their personal data in accordance with the circumstances provided for under the GDPR.
- The right to object to the processing of data: users may object to their data being processed in accordance with the circumstances provided for under the GDPR.
- The right to data portability: users may request that the website provide them with the personal data they have supplied, in order to transfer it to a new website.
Updates to this clause
The website reserves the right to make any changes to this personal data protection clause at any time. Should any amendment be made, the website undertakes to publish the updated version on its site. Users will also be notified of the change by email, at least 15 days before the effective date. If a user does not agree with the new wording of the personal data protection clause, they have the option to delete their account.
Appendix:
Withdrawal Form
(To be completed by the consumer and sent by recorded delivery with acknowledgement of receipt, within a maximum of 14 days following the date of conclusion of the service contract)
Withdrawal Form
For the attention of:
OHLALA
located at: 44 rue Eugène Brémond, 49300 Cholet, France
phone number: +33 (0)1 86 26 68 62
email address: hello@ohlala-equestrian.com
I hereby notify you of my withdrawal from the contract relating to the provision of services, ordered on: .........
Consumer's first and last name: .................
Consumer's address: .................
Date: ..................
Consumer's signature
_________________________________________________________________________
Appendices
Consumer Code
Article L. 217-4: "The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.
The seller is also liable for any lack of conformity resulting from packaging, assembly instructions, or installation where such installation was their responsibility under the contract or was carried out under their supervision."
Article L. 217-5: "The goods conform to the contract:
1° If it is fit for the purpose normally expected of similar goods and, where applicable:
- if it matches the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model;
- if it possesses the qualities that a buyer may legitimately expect in light of public statements made by the seller, the producer, or their representative, particularly in advertising or labelling;
2° Or if it has the characteristics agreed upon by the parties or is suitable for any special use sought by the buyer, which was communicated to the seller and accepted by them."
Article L. 217-6: "The seller is not bound by public statements made by the producer or their representative if it is established that they were unaware of them and were not in a position to reasonably know of them".
Article L. 217-7: "Any lack of conformity that becomes apparent within twenty-four months of delivery of the goods is presumed to have existed at the time of delivery, unless proven otherwise. For second-hand goods, this period is set at six months. The seller may rebut this presumption if it is not compatible with the nature of the goods or the nature of the lack of conformity invoked."
Article L. 217-8: "The buyer is entitled to demand that the goods conform to the contract. However, they may not dispute conformity by invoking a defect they were aware of or could not have been unaware of at the time of contracting. The same applies where the defect originates from materials they supplied themselves."
Article L. 217-9: "In the event of a lack of conformity, the buyer may choose between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if that choice entails a cost that is manifestly disproportionate compared to the other option, taking into account the value of the goods or the significance of the defect. In such a case, the seller must proceed, unless impossible, according to the option not chosen by the buyer."
Article L. 217-10: "If repair and replacement of the good are both impossible, the buyer may return the good and have the price refunded, or keep the good and have part of the price refunded. The same option is available: 1° If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month of the buyer's claim; 2° Or if that solution cannot be implemented without significant inconvenience to the buyer, having regard to the nature of the good and the use they seek. However, the cancellation of the sale may not be ordered if the lack of conformity is minor."
Article L. 217-11: The application of the provisions of Articles L. 217-9 and L. 217-10 takes place at no cost to the buyer. These provisions do not preclude the award of damages.
Article L. 217-12: "Any action resulting from a lack of conformity is time-barred after two years from the date of delivery of the goods."
Article L. 217-13: "the provisions of this section do not deprive the buyer of the right to pursue an action arising from redhibitory defects as provided for in Articles 1641 to 1649 of the Civil Code, or any other contractual or non-contractual action recognised by law."
Article L. 217-14: "The right of recourse may be exercised by the final seller against successive sellers, intermediaries, or the manufacturer of the tangible movable good, in accordance with the principles of the civil code.
Article L. 217-15: "A commercial warranty means any contractual commitment made by a professional to a consumer with a view to reimbursing the purchase price, replacing or repairing the good, or providing any other service relating to the good, in addition to the professional's legal obligations to ensure the conformity of the good.
The commercial warranty is set out in a written contract, a copy of which is provided to the buyer.
The contract specifies the content of the warranty, the terms of its implementation, its price, duration, territorial scope, as well as the name and address of the guarantor.
Furthermore, it clearly and precisely states that, independently of the commercial warranty, the seller remains bound by the statutory warranty of conformity set out in Articles L. 217-4 to L. 217-12, and by the warranty relating to defects in the item sold, under the conditions set out in Articles 1641 to 1648 and 2232 of the Civil Code.
The provisions of Articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16, as well as Article 1641 and the first paragraph of Article 1648 of the Civil Code, are reproduced in full in the contract.
In the event of non-compliance with these provisions, the warranty remains valid. The buyer is entitled to rely on it."
Article L. 217-16: "When the buyer requests, during the term of the commercial warranty granted at the time of purchase or repair of a movable item, a repair covered by the warranty, any immobilisation period of at least seven days shall be added to the remaining warranty period.
This period runs from the buyer's request for assistance or from the time the goods are made available for repair, if this occurs after the initial request."
Civil Code
Article 1641: "The seller is bound by the warranty for hidden defects in the item sold which render it unfit for the purpose for which it was intended, or which so diminish that use that the buyer would not have purchased it, or would only have paid a lower price for it, had they known of the defects."
Article 1648: "An action arising from redhibitory defects must be brought by the buyer within two years of the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, on pain of foreclosure, within one year from the date on which the seller may be discharged of apparent defects or lacks of conformity.








