TABLE OF CONTENTS
1. Scope of application
3. Product ordering terms
7. Right of cancellation and returns policy
8. Legal guarantees
9. Personal data
11. Intellectual property rights
13. Force majeure
1. Scope of application
The General Terms and Conditions of Sale (hereinafter 'GTC') apply to all sales concluded between any person of age above 18 living in one of the following countries: Austria, Belgium, Cyprus, Estonia, Finland, France, Germany, Greece, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Portugal, Spain, the United Kingdom, Slovakia, Slovenia (hereinafter referred to as 'the Customer') and the company Romanaise de la Chaussure, a simplified joint-stock company with a capital of 5,600,000 euros registered with the Romans Companies Register under number RCS 302 097 993 00018 with FR 02 302 097 993 as its intra-community VAT number (hereinafter 'Clergerie'), via the clergerieparis.com website (hereinafter, the 'Website').
The GTC apply to the exclusion of all other conditions, including those in effect for in-store sales.
The GTC are made available to the Customer on the Website where they are directly searchable. The Customer is bound by the GTC, and by ticking the relevant box, he or she acknowledges having fully understood and accepted them before placing an order. Validation of the order implies the Customer's full acceptance of the GTC in effect on the date of the order. The upholding and reproduction of the GTC are assured by Clergerie in compliance with Article 1127-2 of the French Civil Code.
Any new features added to the Website subsequently will also be subject to these GTC. Clergerie reserves the right to update, change or replace any part of the GTC by publishing updates and/or changes on the Website.
The products offered for sale on the Website (hereinafter 'the Products') are described according to their essential features within the meaning of Article L. 111-1 of the French Consumer Code.
Clergerie aims at offering an optimal browsing experience andpays special attention to the presentation of the products offered on the Website. Due to the display settings of each computer, the colours of the products displayed in the photos on the Website may differ slightly from the actual colour. Clergerie cannot be held responsible for any such discrepancies.
The product descriptions and prices of the Products are subject to change at any time without prior notice.
The Products are intended for personal use only and are not for resale. When placing an order, the Customer agrees to purchase the Products for personal use and not to resell them.
Consequently, Clergerie reserves the right to limit the sales of Products to any person, geographical region or jurisdiction in the event of orders of Products in too-large quantities.
3. Product ordering terms
To place an order on the Website, the Customer must complete the following steps:
1. Product selection: the Customer selects the Products he or she wishes to order.
2. Check the content of the selection: the Customer checks the contents of the shopping basket while still being able to delete the selected Product(s)
3. Acceptance of the GTC to access payment processing.
4. Identification: the Customer agrees to provide up-to-date, complete and accurate information relating to the order and, where applicable, the customer account.
If the Customer does not have a personal account stored on the Website:
The Customer fills in the identification form provided and enters the requested information (required details: email, surname, first name, address and telephone number). The Customer has the option of receiving alerts by email (to be informed of Product availability or news of interest to the Customer ), newsletters and information from Clergerie.
If the Customer has a personal account stored on the Website:
The Customer fills in his or her email address and password to continue with the order using his or her personal account.
5. Choice of delivery methods: before choosing a delivery method, the Customer is informed of the costs of the various options.
6. Choice of payment method: the Customer chooses the method of payment according to the terms defined in Article 5 of the GTC.
7. Order verification: the Customer checks the contents of the order, the total price, the delivery and billing address, while retaining the option of changing the billing and delivery address.
8. Order confirmation: the Customer confirms the order after checking it by clicking on the 'Order' button. To validate the order, the Customer clicks on the Complete order button.
9. Acknowledgement of receipt of the order: upon receipt of the order by Clergerie, the Customer receives an email confirming receipt of the order.
10. Order processing: Clergerie undertakes to fulfil the order made via the Website as soon as it is validated. If the Product is not available, Clergerie agrees to inform the Customer as soon as possible by email or telephone.
11. Sending the order: once the order has been processed, the Customer will receive a confirmation of shipment email together with a summary of the order. 'The order amount will be debited upon confirmation of the order. If a product is unavailable, Clergerie will inform the Customer and refund t within a maximum of 14 days after the order has been placed.'
Rejection of orders
Clergerie has the right to limit or reject any order, with due cause, in particular if there is an ongoing dispute with the Customer or an incident relating to the payment of a previous order which contravenes the provisions of the GTC. If necessary, Clergerie will inform the Customer by telephone or email.
The prices are those shown on the day the order is placed. The prices shown on the Website include all taxes and French VAT. Clergerie offers free delivery on each order above 500 euros in the European Union (euro zone) and £450 in the United Kingdom.
Clergerie reserves the right to adjust the prices of Products at any time, but the Products will be billed based on the rates in effect on the day the order is validated by the Customer
Clergerie accepts the following payment methods:
- Credit and debit cards
All credit and debit card transactions are handled by the payment provider Adyen, an online payment portal that encrypts credit card information securely. Adyen is compliant wit PCI/DSS rules.
Payment can be made using the following credit cards: Visa, Mastercard and American Express. Payment can also be made using the following debit cards: Visa Electron and Maestro (if the Customer's card can be used to make online purchases).
The Customer acknowledges that by providing a credit card number, he or she authorises their account to be debited up to the value of the Products ordered with all taxes included.
The Customer confirms that the credit or debit card that has been used is his or her own, or that express authorisation for its use has been given by the owner. All credit and debit card holders are subject to validation and authorisation checks by the card issuer.
If the card issuer refuses to authorise the payment to Clergerie, the order will be cancelled. Clergerie cannot be held responsible for any fees or penalties that may be imposed by the payment provider as part of the payment made for the order.
- PayPal –
By choosing the PayPal option, the Customer will be redirected to the PayPal site: once logged in, he or she will have to check the amount displayed before clicking on 'Pay now'. Once the transaction is complete, the Customer will be redirected to the Website.
Clergerie delivers to the following countries: Austria, Belgium, Cyprus, Estonia, the United States, Finland, France, Germany, Greece, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Monaco, the Netherlands, Portugal, Spain, the United Kingdom, Slovakia and Slovenia
Clergerie offers free delivery on each order above 500 euros in the European Union (euro zone) and £450 in the United Kingdom.
DPD delivers to France and DHL to all other EU countries within the scope of delivery defined above.
Clergerie will prepare orders during working days and hours, according to the date and time of processing on the Website. Clergerie will make every effort to deliver orders within three (3) business days of receipt of payment. Delivery times do not take into account potential hold-ups caused by a delay in obtaining payment authorisation. If Clergerie fails to deliver the order within thirty (30) days, Customer shall be entitled to cancel the order and Clergerie will refund the order.
The Products purchased by the Customer will be delivered to the address provided when the order was placed. Deliveries cannot be made to PO boxes.
The Customer shall bear the consequences (delayed delivery, impossibility of delivery, transport costs, etc) that arise, if any, for wrong and/or incomplete details provided for delivery
When the order has been shipped, the Customer will receive a confirmation email. The Customer will be able to track the delivery of the order by means of a link to the carrier.
If the Customer is absent at the time of delivery, the carrier will leave, if necessary, a notice advising when and where the package can be collected. The Customer undertakes to follow the delivery instructions to ensure the actual delivery of the order
In case of non-delivery or late delivery, the Customer should inform the Clergerie customer service team promptly by email: email@example.com or by telephone: 0033 (0) 4 75 48 44 19. Clergerie will contact the delivery service, if necessary, to follow up.
In case of late delivery not justified by a case of force majeure as defined by French case law, or not due to a strike whatever the cause, the Customer may cancel the sale by contacting the Clergerie customer service team by email: firstname.lastname@example.org or by telephone: 0033 (0) 4 75 48 44 19.
Clergerie will refund the Customer the purchase price within a maximum of fourteen (14) calendar days following the termination of the contract.
Receipt of Products
It is the Customer's responsibility to check the quantity and condition of the Products upon delivery by the carrier. If the package delivered and/or its contents are visibly damaged, or do not correspond to the order, the Customer shall refuse to accept the Products. For reasons of internal organisation, Clergerie strongly recommends that the Customer specifies what the problem is in writing (open package, damaged or missing product(s), etc).
Clergerie must be notified of any damage to the package or contents by email: email@example.com or by telephone: 0033 (0) 4 75 48 44 19.
To fulfil the requirements of the Customer to the best of its ability, the Clergerie customer service team will provide the necessary instructions (the Customer may be specifically asked to send photographs of the visible defects) and will arrange for the defective goods to be returned at Clergerie's expense.
If the delivery does not comply with the order made, Clergerie will, at the Customer's request, replace or repair the Product within fourteen (14) days, and under the conditions defined in Article L. 217-9 of the French Consumer Code. If it is impossible to proceed with any of these options, Clergerie will refund the full amount of the Product under the conditions set out in Article L. 217-10 of the French Consumer Code.
The conditions under which the legal guarantee of compliance can be exercised are also specified in Article 8 of the GTC.
In case of missing goods, Clergerie will resend the missing Products within a period of fourteen (14) days.
7. Right of cancellation and returns policy
In accordance with Article L. 221-18 of the French Consumer Code, the Customer has a right of withdrawal which can be exercised without giving a reason and at no cost within fourteen (14) working days of the date of delivery of the order by returning one or more of the Products ordered and being reimbursed.
Clergerie will reimburse the Customer within fourteen (14) days of the date of receipt of the returned Products, provided that the conditions of return have been respected and the return of the Products validated upon receipt by Clergerie. The amount reimbursed will include VAT. Reimbursements will be made using the same payment method as that used by the Customer when purchasing the Products
The following return conditions must be respected:
- The Products must be returned in their original condition with the original packaging intact
- The Products must not have been worn,
- the Products must be returned within fourteen (14) working days of the date of receipt by the Customer.
Postal charges for the return
Clergerie offers a free return service, and a prepaid return label is provided to the Customer with the delivery.
The Customer is asked to follow the procedure below:
1. Complete the Return Form included in the order. Indicate the article(s) to return and the return reason;
2. Securely package the product(s) and the completed Return Form in the original. shipping box or a similar one and seal;
3. Stick on the box the prepaid return label provided in the initial delivery.
4. For an order delivered in France:
- use the DPD prepaid return label provided in your initial delivery ;
- select the nearest DPD pick up point to drop off your parcel (list available on http://www.dpd.fr/retour) ;
- drop off the parcel within the 14 days that follow your order reception.
5. For an order delivered in European Union:
- use the DHL prepaid return label provided in your initial delivery ;
- contact the local DHL agency to arrange the collection of your parcel:
DHL UK : 0844 248 0828
DHL Germany: 0228 433 3112
DHL Spain: 0034 902 12 24 24
DHL Italy: 199 199 345
For any other country, contact of local DHL can be found on www.dhl.com: select the country then browse to section « Contact us» / DHL Express Customer Service.
The Customer retains the right to return the Products by any safe means of transport, subject to the above return conditions.
8. Legal guarantees
In accordance with Articles L. 217-1 et seq. of the French Consumer Code, Clergerie ensures the compliance of the Products sold on the Website.
When implementing the legal guarantee of conformity, the Customer:
- has a period of two (2) weeks from the delivery of the goods to act;
- may choose between the repair or replacement of the goods, provided that this choice does not result in a cost that is clearly disproportionate for Clergerie under the alternative method, given the value of the goods or the significance of the defect. In this case, Clergerie will be obliged to proceed, except where not possible, according to the method not chosen by the Customer. The Customer is exempted from showing proof of the lack of conformity of the Product during the twenty-four (24) months following the delivery of the new Product and six (6) months after the delivery of a second-hand Product. Beyond this period of six (6) months for second-hand Products, the Customer must provide evidence that the goods are not fit for the customary use expected of similar goods or do not fulfil the requirements defined by mutual agreement by the parties.
- This legal guarantee applies regardless of any commercial guarantee provided.
The Products sold benefit from legal guarantees as long as use was normal and instructions for care were followed.
This guarantee does not cover damage resulting from misuse of the Product, or normal wear and tear from its use. To benefit from the guarantee, it is essential to keep the invoice for the purchase of the Product and the delivery slip.
The Customer may also choose to invoke the legal guarantee against hidden defects of the Products sold within the meaning of Article 1642 of the French Civil Code should there be a defect in the design or production of the Product rendering it unfit for its intended use to the exclusion of any negligence or fault on the part of the Customer. The Customer can then choose between a cancellation of the sale or a reduction in the sales price in accordance with Article 1644 of the French Civil Code.
The provisions of the French Consumer Code relating to the exercise of legal guarantees are also included in Appendix of the GTC for information purposes.
To exercise the legal guarantee, the Customer may contact the After-Sales Service by email:
Clergerie Customer Service, firstname.lastname@example.org or by telephone: 0033 (0)4 75 48 44 19.
The Customer may also contact the After-Sales Service for advice on use and maintenance of the Products.
9. Personal data
As part of the use of the Website and the management of orders made via the Website and in relation to its role as a processor of data, Clergerie collects and processes personal data relating to its customers. This information is necessary for the processing and follow-up of requests or orders from the Customer, to better meet customer expectations, and to prevent any fraudulent use of payment methods or identity.
If the Customer ticks the relevant box upon validating the order or by subscribing to Clergerie's newsletter in the Website footer, or upon placing an order, he or she will receive new updates about the Clergerie brand or offers.
The personal data collected are the following: surname, first name, email address, postal address, telephone number, password and, where applicable, credit or debit card numbers.
The information specified as required is essential. Data collection is required to open an account and/or purchase a Product. The execution of a contract to which the Customer is a party, or the implementation of pre-contractual measures taken in response to his or her request, therefore forms the legal basis for the processing operation. In the absence of the required information, the Customer's request cannot be processed.
Subscription to the newsletter by the Customer implies consent for the data to be processed. The Customer then has the right to withdraw his or her consent under the conditions defined below. The Customer can also unsubscribe at any time by email by clicking on the unsubscribe link included in each mailing.
The Customer's personal information is sent for storage to a Website host located outside the European Union, whose contact details are as follows:
126 York St. Ottawa,
ON KIN 5T5
Clergerie wishes to point out that Canada is one of the countries that offers a sufficient level of protection for personal data according to the European Commission.
The data collected on the Website are exclusively for Clergerie's own use. The data may also be transmitted to persons acting under the authority and on the instructions of Clergerie, and whom it may call upon, particularly in the context of executing services and orders (including management, execution, processing and payment).
Following an order from the legal authorities or to protect its rights or those of its employees, customers or any other persons, Clergerie may communicate this data to legally authorised bodies and authorities. Clergerie agrees to take all necessary precautions to ensure that its files are secured and its computer system protected, and in particular to prevent the Customer's personal information from being corrupted, damaged or unauthorised third parties having access to it.
None of the personal data collected from the Website is communicated or transferred to third parties for commercial purposes.
The personal data collected are kept for a period not exceeding the time necessary for the purposes for which they were collected, and which complies with the provisions of the simplified declaration no. 48 enacted by the French National Data Protection Agency (CNIL).
They are saved:
- For customers; for a period of 3 years from:
- the last Clergerie purchase;
- subscription to the newsletter or the last click on a hypertext link contained in an email sent by Clergerie;
- For non-customers: for a period of 3 years from the date of the last contact made by the party concerned. Clergerie considers the following to constitute the last contact:
- creation of an account without purchase;
- subscription to the newsletter or a click on a hypertext link contained in an email sent by Clergerie;
- the last account login.
Certain data will be kept for a period of 10 years in an archive with restricted access for the sole purpose of allowing Clergerie to strictly observe its legal obligations.
The Customer's banking data is not stocked by Clergerie. Banking data are under Adyen’s responsibility,
In accordance with the French Data Protection Act of 6 January 1978 and the European Data Protection Regulation of 27 April 2016, customers have the right of access, query, correction, deletion and restriction of personal data which concern them. The Customer may also change any personal details in his or her web space by logging on with an email address and password.
The Customer also has the right to object to the processing of his or her personal data with due cause, or to this data being used for marketing purposes
The Customer also has the right to withdraw his or her consent for data processing subject exclusively to the Customer's consent.
The Customer also has the right to instruct the data controller about the fate of his or her personal data.
Finally, the Customer has the option to request that his or her personal data be exported to a third party when he or she has consented to the collection of personal data, or when personal data have been collected as part of the execution of a contract.
The Customer can exercise these rights by providing the required details for identification purposes: surname, first name, email, postal address or telephone number), to Robert Clergerie - rue Pierre Curie 26100 Romans sur Isère – or by email : email@example.com
The Customer also has the option of filing a complaint with the he French National Data Protection Agency (CNIL), which is the competent supervisory authority.
By continuing to browse the Website, the Customer accepts the use of these cookies and other tracers.
A cookie or tracer is a small text file saved on a computer when visiting websites or viewing ads.
These files are specifically intended for collecting information relating to browsing on websites and accessing personalised services. These files are managed by internet browsers.
When the Website is viewed, information relating to browsing on any type of device used by the Customer (computer, tablet, smartphone, etc) on the Website may be saved in these text files, installed on the terminal used, subject to the Customer's choice regarding cookies and other tracers, which can be changed at any time. Only the issuer of a cookie or other tracer may read or amend the information contained therein.
Cookies or other tracers are stored for up to 13 months.
Cookies and other tracers embedded by Clergerie are essentially the following:
Service and type of Clergerie Cookie or Tracer
Role and purpose of Clergerie Cookie or Tracer
_session_id, unique token, sessional
Allows Shopify to store information about your session (referrer, landing page, etc).
shopify_visit, no data held
Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits
_shopify_uniq, no data held,
expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.
cart, unique token
persistent for 2 weeks, Stores information about the contents of your cart.
unique token, sessional
unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.
When the Customer browses the Website, one or more cookies and tracers from Clergerie's partner companies may be placed on his or her computer. , Such as audience measurement companies. The cookies enable them, to collect browsing information on the terminals visiting the Website.
The Customer can block these cookies and tracers as follows:
For more information, the Customer can visit the CNIL website: http://www.cnil.fr/vos-droits/vos-traces/les-cookies/.
11. Intellectual property rights
The Clergerie brand as well as all the brands, illustrations, images and logos appearing on the Products marketed by Clergerie, whether registered as a trademark or not, are and will remain the exclusive property of Clergerie. Any total or partial reproduction, modification or use of these brands, illustrations, images and logos, for any reason and on any medium whatsoever, without express and prior agreement, is strictly prohibited.
The Customer agrees not to reproduce, duplicate, copy, sell, resell or use any part of the Website without the express prior written consent of Clergerie.
Governing law - Competent jurisdictions
The GTC are subject to French law subject to more favourable provisions in another jurisdiction. Any dispute that may arise from the interpretation or execution of these General Terms and Conditions of Sale and its consequences will be subject to the exclusive jurisdiction of the French courts.
The Customer may refer all disputes relating to an order or these GTC with Clergerie to the French federation of e-commerce (Fevad) mediator who will attempt, independently and impartially, to bring the parties together to reach an amicable solution.
To submit a request for mediation, the Customer can use the claim form available on the Fevad webs http://www.mediateurfevad.fr/index.php/espace-consommateurThe parties to the contract remain free to accept or reject recourse to mediation and, in case of recourse to mediation, to accept or reject the solution proposed by the mediator.
13. Force majeure
The fulfilment of all or part of its obligations by Clergerie will be suspended in case of unforeseeable circumstances or force majeure within the meaning of Article 1218 of the French Civil Code which prevents or delays their execution.
Clergerie will inform the Customer of any such unforeseeable circumstances or force majeure within seven (7) days of their occurrence. If this suspension continues beyond a period of fifteen (15) days, the Customer is entitled to cancel the order in progress and be reimbursed within 10 days of the date of cancellation.
The Website is published by SRC, a simplified joint-stock company, identified under the number 30209799300018, and having its head office at Rue Pierre Curie, 26100 Romans sur Isère, France.
The publication director is Mr Perry Oosting.
The hosting provider of the Website is the company Shopify Inc. Head Office: 126 York St. Ottawa, ON KIN 5T5, Canada.
For any queries relating to the GTC, the Customer may contact Clergerie's customer service department by email: firstname.lastname@example.org, or by telephone: 0033 (0) 4 75 48 44 19. (price of a local call within France).
APPENDIX : REMINDER OF THE TEXTS GOVERNING THE GUARANTEE
Article L. 217-4 of the French Consumer Code: 'The seller shall deliver goods in compliance with the contract. The seller shall also be liable for any defects that result from the packaging, assembly instructions or installation if the seller was responsible for installation under the contract or installation was carried out under the seller's supervision'.
Article L. 217-5 of the French Consumer Code: 'The goods comply with the contract:
1) If they are suitable for the use normally expected of similar products and, as applicable:
- if they corresponds to the description given by the seller and have the qualities that the seller presented to the purchaser in the form of a sample or model;
- if they have the qualities that a purchaser can legitimately expect given the declarations made by the seller, the manufacturer or its representative, in particular as regards the advertising or labelling;
2) Or if they have the characteristics defined by mutual agreement by the parties or are suitable for any specific use required by the purchaser, which was brought to the attention of the seller and that the seller accepted'.
Article L. 217-6 of the French Consumer Code: 'The seller is not bound by the public statements made by the producer or its representative if it is established that he or she was not aware of them and was not legitimately in a position to be aware of them'.
Article L. 217-7 of the French Consumer Code: 'Any lack of conformity which becomes apparent within a period of six months from the date of delivery of the goods is presumed to have existed at the time of delivery, unless proven otherwise. The seller can challenge this presumption if it is not consistent with the nature of the goods or the alleged lack of conformity'.
Article L. 217-8 of the French Consumer Code: 'The purchaser is entitled to demand that the goods comply with the contract. However, the purchaser cannot challenge the compliance of the goods by invoking a defect he or she was aware of or could not have been unaware of when the contract was concluded. The same applies when the defect originates from the materials supplied by the purchaser'.
Article L. 217-9 of the French Consumer Code: 'In the case of a lack of conformity, the purchaser chooses between the repair and the replacement of the goods. However, the seller may decide not to proceed with the purchaser's choice if it entails a cost manifestly disproportionate compared to the other method, taking into account the value of the goods or the significance of the defect. The seller is then obliged to proceed, except where it is not possible, with the method the purchaser did not choose'.
Article L. 217-10 of the French Consumer Code: 'If repair and replacement of the goods are not possible, the purchaser may return the goods and receive a refund or keep the goods and receive a portion of the retail price. The same option is open to the purchaser: 1) If the solution requested, offered or agreed pursuant to Article L.211-9 cannot be implemented within one month of the purchaser's claim; 2) Or if this solution cannot be implemented without causing the purchaser significant inconvenience, taking into account the nature of the goods and their intended use. The resolution of the sale cannot happen however if the lack of conformity is minor'.
Article L. 217-11 of the French Consumer Code: 'The provisions of Articles L. 217-9 and L. 217-10 are applied at no cost to the purchaser. These same provisions shall not prevent any entitlement to damages'.
Article L. 217-12 of the French Consumer Code: 'Actions that result from a lack of conformity are time-barred after a period of two years following delivery of the goods’.
Article L. 217-16 of the French Consumer Code: 'Where the purchaser asks the seller, during the period of the commercial guarantee offered by the seller and upon the purchase or repair of a tangible good, for a repair under the terms of such guarantee, and where the product is out of use for at least seven days, this period shall be added to the remaining guarantee period.
This period shall be calculated from the date on which the purchaser submits its request or on which the product concerned is provided for repair, whichever comes first'.
Article 1245 of the French Civil Code: 'The producer is liable for the damage caused by a defective product, regardless of whether he or she is bound by a contract with the injured party'.
Article 1245-3 of the French Civil Code: 'A product is defective within the meaning of this Article if it does not provide the safety that can legitimately be expected. To determine the safety that can legitimately be expected, all circumstances will be taken into consideration, in particular: the presentation of the product; the use that can reasonably be expected to be made of it; and the time when the product was launched on the market. A product may not be considered defective for the sole reason that a better product is subsequently launched on the market'.
Article 1245-16: 'An action for damages based on the provisions of this title are subject to a limitation period of three years from the date on which the claimant knew or ought to have known of the damage, the defect and the identity of the producer’.
Article 1641 of the French Civil Code: 'A seller is bound to a guarantee on account of the latent defects of the goods sold which render them unfit for their intended use, or which so impair that use that the purchaser would not have bought them, or would have paid a lower price for them, had he or she been aware of the defects'.
Article 1642 of the French Civil Code: 'A seller is not liable for visible defects which the purchaser ought to have ascertained before purchase'.
Article 1643 of the French Civil Code: 'The seller is liable for latent defects, even if he or she was not aware of them, unless he or she has stipulated not to be bound to any guarantee'.
Article 1644 of the French Civil Code: 'In the case of Articles 1641 and 1643, the purchaser has the choice of either returning the goods and receiving a refund of the price paid, or of keeping the goods and receiving a portion of the price paid'.
Article 1645 of the French Civil Code: 'Where the seller was aware of the defects, he or she is liable, in addition to a refund of the price paid, for all damages incurred by the purchaser'.
Article 1646 of the French Civil Code: 'Where the seller was not aware of the defects, he or she is only liable to refund the price paid and reimburse the purchaser for any costs incurred by the sale'.
Article 1647 of the French Civil Code: 'Where the defective goods perish due to poor quality, the loss falls upon the seller who is liable to the purchaser to refund the price paid, as well as for the damages set out in the two preceding Articles. But a loss occasioned by unforeseeable circumstances falls upon the purchaser'.
Article 1648 para. 1 of the French Civil Code: 'The action resulting from latent defects must be brought by the purchaser within a period of two years following the discovery of the defects'.