General Conditions and Terms of Sale

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General Conditions and Terms of Sale

These conditions include the following information in particular:

Legal mentions

General conditions of use

The different steps to follow for the conclusion of the contract online

Procedures for archiving and accessing the contract

Legal and contractual guarantees

Delivery times, costs and terms

The prices

Payment terms and means of security

Details on how to exercise the right of withdrawal

The duration of the contract and the validity of the price

Applicable law

Contact us

Intellectual Property and Copy prohibited

Personal information

Force Majeure

Last updated on 19/09/2021

These general conditions are presented in English.

They are a literal translation for informational purposes. The French version shall prevail.

 

Seller

mouton-en-sucre.com is a service offered by:

F. Guazzagaloppa

Individual contractor, SIREN: 880803390

Creative craftsman, decorator and manufacturer of articulated resin dolls and their accessories.

AND

N. Guazzagaloppa

Individual contractor, SIREN: 499989903

Creative craftsman, manufacturer of articulated resin dolls and their accessories and infographic designer.

Companies not subject to VAT

Email: mouton-en-sucre@hotmail.fr

It is specified that the present conditions exclusively govern the sales promoted on the mouton-en-sucre.com site.

 

Buyer / Client

The Buyer or Customer is the natural or legal person purchasing products or services from the seller.

These conditions are addressed to a consumer who has full legal capacity. These conditions apply to all orders you place on this site.

 

Products – Services

We do everything possible to satisfy you. On this site, we present to you all the essential characteristics of goods and services. We will be attentive to the comments you send us.

To note :

  • The products and services presented in photos are works of artists. As each product is worked individually by hand, slight differences in shape or colour may exist.
  • The production of an artisanal service necessarily induces small faults linked to manual work, which in no way reduce the quality of the product.
  • You may perceive slight variations in colour between a photo and the actual product related to the screen display.

General provisions

These General Conditions of Sale determine the rights and obligations of the parties in the context of the online sale of Products or Services offered by the Seller.

These General Conditions of Sale govern the sales of Products or Services, made through the Craftsman’s websites and Internet networks, and are an integral part of the Contract between the Buyer and the Seller. They are fully enforceable against the Buyer who accepted them before placing an order.

The Seller reserves the right to modify these conditions at any time by publishing a new version on its website. The GTC then applicable are those in force on the date of payment (or the first payment in the event of multiple payments) of the order. These T & Cs can be viewed on the mouton-en-sucre.fr website at the following address: https://mouton-en-sucre.com/conditions-generales-de-vente/

Craftsman also ensures that their acceptance is clear and unreserved by setting up a check box and a validation click or by written agreement from the customer. The Customer declares to have read all of these General Conditions of Sale, and, where applicable, the Special Conditions of Sale related to a product or service, and to accept them without restriction or reservation.

The Customer acknowledges that he has received the advice and information necessary to ensure that the offer meets his needs.

And the Customer declares to be able to contract legally under French law or validly represent the natural or legal person for whom he is committed.

Unless proven otherwise, the information recorded by the Craftsman constitutes proof of all transactions.

1 Conclusion of the contract

1.1 Order

On Internet : mouton-en-sucre.com

Pre-order products / Made-to-order products

An ordering form service (delivered by Google form) is accessible depending on the availability of products. You make your choice of order by selecting the options offered on the form.

Client must check in this order form all the information transmitted, and in particular all the elements useful for delivery (delivery address, telephone …) You must then be aware of these conditions. If you accept them, you must check the box «I have read the general conditions of sale and I accept them without reservation». Once all the mandatory questions of the form have been completed (choice of products, options, buyer details, payment method, acceptance of conditions, etc.) you can send your order.

We will send you a quote adapted to your request, recalling your information entered for verification and validation. You then proceed to payment as indicated in the quote.

 

In Stock products / Shop

A store dedicated to “in stock” products is available online on the mouton-en-sucre.com website. These products will be added during special events, or for a very limited quantity of an available product (for example unique artist’s piece).

In this case, add the product to the basket, and follow the instructions to validate your order (product choice, billing address, delivery, comment, payment, acceptance of conditions.)

You will receive an email confirming your order.

 

On Internet : Contact by social networks, e-mail.

In the case of an order by contact, we will ask you to provide us with your useful information for invoicing and delivery (name, address, telephone, payment, etc.). We will send you an adaptated quote to your request, recalling your information entered for verification and validation. You then proceed to payment as indicated in the quote.

1.2 Validation procedure

Full payment validates the order.

In case of payment in installments chosen by the buyer, the order will be recorded after payment of the first installment agreed in the quote, and definitively validated after full payment of the total amount due.

For that, the quote will also specify the dates on which payments are expected. It is up to the buyer to honor the regulations to which he has agreed. Payments in installments are considered as a deposit and governed by the relevant provisions.

The products remain the property of the Craftsman until full payment of the price.

Failure to pay a due date will automatically be considered as a unilateral breach of this contract by the customer, none of the sums previously received will be returned to the buyer for breach of his commitment and the order will be canceled.

By validating your order, YOU ACKNOWLEDGE THAT YOU HAVE READ and UNDERTAKE to respect these Conditions of Sale, as well as the Special Conditions of Sale specific to the chosen product which have been communicated to you.

 

1.3 Conclusion of the contract online

In accordance with the provisions of Article 1127-1 of the Civil Code, the Customer must follow a series of steps to conclude the contract electronically in order to be able to place his order:

Information on the essential characteristics of the Product

  • Choice of the Product, if applicable, of its options
  • Indication of the essential contact details of the Customer (identification, e-mail, address, etc.)
  • Acceptance of these General Conditions of Sale
  • Verification of the elements of the order and, if necessary, correction of errors. Before proceeding with its confirmation, – the Buyer has the possibility to check the details of his order, its price, and to correct any errors, or to cancel his order. The confirmation of the order will constitute the formation of this contract.
  • Then follow the instructions for payment, payment of the products, then delivery of the order.
  • The Customer will receive confirmation by email of payment for the order, as well as an acknowledgment of receipt of the order confirming it.
  • He will receive a .pdf copy of these General Conditions of Sale.
  • The customer will have the opportunity during his ordering process to identify any errors made in entering data and correct them.

The original language proposed for the conclusion of the contract is the French language.

These terms of the offer and the general conditions are archived by the Seller.

The archiving of communications, the order, the details of the order, as well as the invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with the provisions of Article 1360 of the Civil Code. This information can be produced as proof of the contract.

For delivered products, delivery will be made to the address indicated by the Customer. For the purposes of successful completion of the order, the Customer undertakes to provide their true identification elements.

The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.

The seller reserves the right to refuse an order if the consumer does not appear to be being honest. All mandatory information must be filled in to make the order valid. The information entered must be correct, complete and without the desire for deception or disloyalty to the seller.

The seller reserves the right to refuse an order if the consumer does not seem to wish to respect these General Conditions of Sale, or French law.

 

1.4 Identification and correction of errors

You have the option at any time to identify and correct your mistakes when entering your data. When you notice an error after the conclusion of the contract, you must contact us through the contact form on the site or directly on mouton-en-sucre@hotmail.fr

When communicating the quote, there is a reminder of your details entered, if you notice an error, let us know because this data will be used for shipping the products. If you have not corrected an error in your contact details we cannot be held responsible for delivery errors. The possible costs of recovering the product and forwarding it will be the responsibility of the customer.

1.5 Procedures for archiving and access to the contract

We will carry out a computer archiving of contracts submitted by forms and by email.

You have the right to communicate the information transmitted. Requests should be made by email to mouton-en-sucre@hotmail.fr

 

2 Products and services

The essential characteristics of the goods, services and their respective prices are made available to the buyer on the Craftsman’s websites and networks, as well as, if applicable, the method of use of the product. In accordance with article L112-1 of the Consumer Code, the consumer is informed, by means of marking, labeling, display or any other appropriate process, of the prices and special conditions of sale and of the ‘execution of services before any conclusion of the sales contract.

In all cases, the total amount due by the Buyer is indicated on the order confirmation. The selling price of the product is that in force indicated on the day of the order, this one not including the shipping costs and bank charges invoiced in addition. These possible costs are indicated to the Buyer during the sales process, and in any event at the time of confirmation of the order. The Seller reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order.

When the products or services are not executed immediately, clear information is given on the product order page or form as to the delivery times of the products or services. The customer certifies having received a detail of the delivery costs as well as the terms of payment, delivery and execution of the contract, as well as detailed information relating to the identity of the seller, his postal, and electronic contact details, and to its activities in the context of this sale.

The Seller undertakes to honor the Customer’s order within the limit of stocks of available Products only. Otherwise, the Seller informs the Customer; if the order has been placed, and in the absence of agreement with the Customer on a new delivery date, the Seller reimburses the customer without any supplement or increase.

The contractual information is presented in detail and in French. All the parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the Products’ offer as well as their prices is specified on the craftsman’s websites.

Unless there are special conditions, the rights granted hereunder are granted only to the natural person signing the order (or the person holding the communicated e-mail address).

 

Warnings – Use

PLEASE NOTE the products sold by Le Mouton en Sucre are not intended for children. They should only be handled by attentive adults who are fully aware of their actions. In addition, they must make reasonable use related to their artistic and decorative function.

Some products contain parts and small elements that may be dangerous (Magnets, breakage, swallowing, allergies, etc.).

These products are fragile and should be handled with care. By purchasing these products you act with full knowledge of these risks and accept them.

3 Legal and contractual guarantees

3.1 Legal guarantees (Compliance and hidden defects)

In accordance with article L.411-1 of the Consumer Code, the products and services offered for sale through these T & Cs meet the requirements in force relating to the safety and health of persons, the loyalty of commercial transactions and consumer protection. Regardless of any commercial warranty, the Seller remains liable for any lack of conformity and hidden defects in the product.

In accordance with article L.217-4, the seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from assembly or installation when it has been charged to it by the contract or has been carried out under its responsibility.

In accordance with the legal provisions in force relating to the conformity of the goods to the contract, in terms of hidden defects, we will repair or exchange any part of the product apparently defective, damaged or damaged or not corresponding to your order. This clause does not concern transport damage but many defects that could have escaped us until the product has been shipped.

In the event of a problem of non-compliance or a hidden defect, please contact us so that we can determine the procedure to follow. If the case is considered to be a proven latent defect or a lack of conformity, we will ask you to return the complete product to us in the condition received with all the elements, at our expense, in order to repair or exchange the product or defective part in our workshop.

 

3.2 Responsibility

We do everything possible to satisfy you. We are responsible for the proper execution of these general conditions. However, our responsibility cannot be incurred due to a fortuitous event, a case of force majeure, the unforeseeable and insurmountable fact of a third party to the contract or due to the non-compliance of the product with foreign legislation in the event of delivery in a country other than France.

We are not responsible for the wear and tear of the item over time, or its degradation due to misuse.

4 Delivery times, costs and terms

4.1 Terms of delivery

The products are delivered to the delivery address that was indicated by the customer when ordering and within the deadlines indicated in the specific conditions specific to the product. These times do not take into account the time taken to prepare the order.

Each product is carefully packaged and protected to avoid the risk of breakage and damage.

When the Customer orders several products at the same time with different delivery times, we will agree together on the shipping terms:

  • Separate shipment, adapted separate shipping costs, and separate deadlines
  • Sending attached to the deadline for the product available the latest, only one adapted postage

We cannot be held responsible for delays, losses and damage to delivery services.

All goods sold from the mouton-en-sucre.com site are shipped with an ad valorem compensation option by the postal services with delivery by hand. We recommend that you inspect the package upon delivery. It is the Customer’s responsibility to notify the carrier of any reservations about the product delivered. If you notice that the packaging appears damaged or open, you should ask the delivery person to note the anomaly observed before departure. You can also take photographs of it. This will be useful in order to initiate a claim procedure with the service in question if your product is damaged. Be sure to keep the invoice for the product that will be requested in this procedure. In the event of anomalies noted during delivery, please let us know so that we can help you assert these reservations.

The customization services sold from mouton-en-sucre.com require the receipt and reshipping by us of goods belonging to you and coming from other suppliers / origins. We are not responsible for the quality of the product you provide us with for artisanal intervention. We cannot be held responsible for delays, losses and damage to delivery services both upon receipt and upon return of the product concerned. If your package is damaged upon receipt, we will inform you immediately. You are free to choose an ad valorem compensation option when sending your shipment and when paying the return costs by our services. If you deliberately choose not to opt for the indemnification option, we will not be held responsible for this choice that we have offered you. Your product will be returned in the package provided by you when sending, if the packaging is not provided, you will be charged.

 

Customs, import-export

Le Mouton en Sucre ships its products from FRANCE (EU country). If you are shipping your goods from a country other than France, be sure to check the contents of your package because you are responsible for what is there under the laws in force.

If we have to ship your product to a country other than France, please be aware that we cannot be held liable for non-compliance with foreign legislation.

In addition, customs fees and taxes may be required at the entry of a package that you send to France to our attention, or when your products arrive in your country of residence.

We are not responsible or liable for any expense of products owned by the purchaser. In the event that we should pay customs fees and taxes for a product belonging to you, returning to French ground, and intended to be painted, customized or repaired by us, they would automatically be considered as an advance for the customer, which we will ask him to reimburse (costs added to the planned invoice) before reshipment as disbursement fees.

The customer is solely responsible for the taxes applied to his product.

 

4.2 Delivery time

Purchase of in stock goods / Shop: The products sold on the shop are «in stock» and available immediately. They will be shipped as soon as possible. As soon as the shipment is made, you will be informed. A tracking number will be available.

Exception: When ordering an in-stock product with a customization option, a customization time will be required prior to shipment.

Purchase of goods on request / pre-order: The products sold by mouton-en-sucre.com are made by hand and on demand. The production time required to create a custom object is therefore substantial. Delivery times are estimated and defined according to the product ordered, in the Special Conditions of the product. When your order is made and ready to be shipped, we will notify you by email and attach a tracking number.

Purchase of service: The variety of options available do not allow us to define an average time before delivery. This information will be indicated to you on a case-by-case basis during your personalized order.

We do everything we can to guarantee delivery:

within the deadlines indicated in the Special Conditions of the product

or agreed in our written exchanges.

We will deliver to you at the latest on the date indicated in the dispatch email of your order.

In the event of a delay in delivery, we will notify you by email as soon as possible.

In case of unavailability of the ordered product, we will inform you as soon as possible.

 

Information

Average delivery times observed, from the day of dispatch:

Followed letter France D+2
International followed letter D+3

Parcel destination France D+2
Parcel destination Europe D+3 > D+8
Parcel destination World D+8 > D+20

All shipments are subject to fluctuations and are therefore indicative.

 

4.3 Shipping costs

Delivery costs depend on the weight of your package, the place of destination, and the compensation options chosen. We entrust our packages sent to LA POSTE Française (Colissimo, EMS agent). It may happen that in some cases we use a private delivery provider (DHL, FedEx, UPS), especially in the event of unavailability of the usual provider or express request of the customer. In this case the shipping costs will be calculated accordingly.

 

4.4 Delivery tracking

You can contact us by email for any question relating to your delivery.

A tracking number is systematically issued when a package is shipped so that it can be tracked until receipt.

 

5 The price

The prices of our products are indicated in EUROS excluding shipping fees.

The total price of your order is indicated on the personalized quote sent to you for validation or during the validation step of your basket in the store.

Payment is due immediately upon ordering, including for pre-ordered products.

If you request delivery outside French territory, your order may be subject to possible taxes and customs duties when it reaches its destination.

These rights and sums are not the responsibility of the Seller.

They will be the responsibility of the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). As such, we invite the buyer to find out about these aspects from the corresponding local authorities.

You should also check the possibilities of importing or using the products you order in the country of destination.

The Craftsman reserves the right to modify its prices at any time for the future.

The telecommunication costs necessary to access the Company’s websites are the responsibility of the Customer.

 

6 Payment terms and means of security

Payment methods accepted

PAYPAL: Payment is made on their secure server. This implies that no banking information concerning you passes through our site and your financial information is not communicated to us.

Indeed, Paypal encrypts and protects your card / account number. Pay online by simply entering your email address and password.

Payment by Paypal account is therefore perfectly secure.

Once the payment has been initiated by the Customer, the transaction is immediately debited after verification of the information.

The Customer confirms that he is the legal holder of the account to be debited and that he is legally entitled to use it. In the event of an error, or the impossibility of debiting the account, the Sale is immediately terminated automatically and the order canceled.

 

7 Exercise of the right of withdrawal

THE RIGHT OF WITHDRAWAL

In accordance with the provisions of article L 221-5 of the Consumer Code, the Buyer has the right to withdraw without giving any reason, without payment penalties, within fourteen (14) days of the date of receipt. of his order. In the event of withdrawal, we will reimburse all sums paid no later than 30 days following receipt of the returned product. On our proposal, you can also opt for another method of reimbursement (Credit).

The deadline runs from the day

  • of the conclusion of the contract, for contracts for the provision of services
  • of the receipt of the goods by the consumer

We inform Customers that in accordance with the provisions of Articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal cannot be exercised for products made to order, personalized, according to the particular specifications of the consumer. (such as, for example, commissions for customization and unique artist makeup, services on goods belonging to the client, doll in a non-standard resin color specially requested by the buyer, etc.)

 

RETRACT

Before returning any product, please send us your request by email.

If the right of withdrawal is exercised within the aforementioned period, the price of the product (s) purchased and the shipping costs will be reimbursed, with the return costs being borne by the Customer.

In accordance with legal provisions, you will find below the standard withdrawal form to send us by email to mouton-en-sucre@hotmail.fr

Subject: Exercise of my legal right of withdrawal

I, the undersigned (full name of the client), hereby notify you of my withdrawal from the contract
relating to the sale of the property (product description)
ordered on (date) / received on (date)

Reminder of contract information

  • Complete customer details (name, address, email, phone)
  • Product (s) and options
  • Settled price
  • Means of payment
  • Payment date

Date

Customer signature (if sending on paper)

PRODUCT RETURN

After receipt of your request, we will communicate the procedure and contact details for returning your product.

Product returns must be made in their original condition and complete (packaging, accessories, certificates, etc.). If possible, they should be accompanied by a copy of the proof of purchase.

 

8 The duration of the contract and the validity of the price

The products remain the sole property of the craftsman until full payment is received.

Our price offers are only valid within the double limit of the period of validity of the offer concerned and the available stocks. Our offers of goods and prices are valid if they appear online on the site on the day of the order.

Too many simultaneous orders can justify the end of an offer before the scheduled date, to avoid the consumer buying a product whose stock is no longer or will not be available.

Prices are likely to change depending on the increase in the price of raw materials, postal rates, production costs, etc.

The price of an order placed will not change according to this principle once the quote has been accepted unless the purchaser expressly requests a modification of a variable.

 

9 Applicable law / Competent jurisdiction

All the clauses appearing in these general conditions of sale, as well as all the purchase and sale operations referred to therein, will be subject to French law.

The nullity of a contractual clause does not entail the nullity of these general conditions of sale.

In the event of a dispute on the substance or on the form, the French courts will have sole jurisdiction.

10 Contact us / after-sales service

If you wish to contact us, we remain at your disposal:

  • For information on our offers or to place an order
  • To follow the execution of an order, to exercise the right of withdrawal
  • For any question you would like to ask us
  • To submit a complaint

A contact email address: mouton-en-sucre@hotmail.fr

 

11 Intellectual property and copying prohibited

Trademarks, domain names, products, software, photos, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No assignment of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.

Copying prohibited: All Mouton en Sucre creations (dolls, accessories or make-up, etc.) are original and authentic creations subject to Intellectual Property. No illegal copying or reproduction of our work is permitted. Buying or reselling our creations for the purpose of copying or counterfeiting is absolutely prohibited and illegal. Any offender will be prosecuted.

In addition, we do not work on the occasion of providing service on products from outside the mouton-en-sucre.com site, and which are suspected of being counterfeit.

 

12 Protection of personal data

We collect your nominative and personal information for the management of your orders and the follow-up of our commercial relations. They can be retransmitted to our partners exclusively for the execution of your orders (sale, delivery …), in accordance with these general conditions.

The information requested when ordering is necessary for the establishment of the invoice (legal obligation) and the delivery of the goods ordered, otherwise the order cannot be placed. No automated decisions or profiling are implemented through the ordering process.

In accordance with the Data Protection Act of January 6, 1978, you have the right to access, delete, rectify and oppose your personal data. All you need to do is write to us by e-mail, indicating your request and your name, first name, e-mail address.

For more details, refer to the «Privacy policy» section of the site’s legal notices.

 

13 Force majeure

Article 1218 of the Civil Code: «There is force majeure in contractual matters when an event beyond the control of the debtor, which could not be reasonably foreseen at the time of the conclusion of the contract and whose effects cannot be avoided by appropriate measures, prevents the performance of its obligation by the debtor ”.

The seller’s liability cannot be implemented if the non-performance or delay in the performance of one of his obligations described in these general conditions of sale arises from a fortuitous event or force majeure. As such, force majeure means any external, unforeseeable and irresistible event within the meaning of article 1148 of the Civil Code. The seller will notify the customer of the occurrence of such an event as soon as possible.

 

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Article L211-4

The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.

It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility.

 

Article L211-5

To comply with the contract, the good must:

1 ° Be suitable for the use usually expected of a similar good and, where applicable:

– Correspond to the description given by the seller and possess the qualities that he presented to the buyer in the form of a sample or model.

– Present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;

2 ° Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

 

Article L211-6

The seller is not bound by the public statements of the producer or his representative if it is established that he did not know them and was legitimately unable to know them.

 

Article L211-7

Lacks of conformity which appear within six months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.

The seller can challenge this presumption if it is not compatible with the nature of the good or the lack of conformity invoked.

 

Article L211-8

The buyer is entitled to demand that the goods conform to the contract. However, he cannot dispute the conformity by citing a defect that he knew or could not have ignored when he contracted. The same applies when the defect has its origin in the materials which it itself supplied.

 

Article L211-9

In the event of a lack of conformity, the buyer chooses between repair and replacement of the property.

However, the seller may not proceed according to the buyer’s choice if this choice results in a manifestly disproportionate cost compared to the other modality, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer.

 

Article L211-10

If repair and replacement of the good is not possible, the buyer can return the good and have the price returned or keep the good and have part of the price returned.

The same faculty is open to him:

1 ° If the solution requested, proposed or agreed pursuant to Article L. 211-9 cannot be implemented within one month of the buyer’s complaint;

2 ° Or if this solution cannot be without major inconvenience for the latter given the nature of the good and the use he seeks.

The resolution of the sale cannot however be pronounced if the lack of conformity is minor.

 

Article L211-11

The application of the provisions of Articles L. 211-9 and L. 211-10 takes place at no cost to the buyer.

These same provisions do not preclude the award of damages.

 

Article L211-12

Action resulting from lack of conformity lapses two years after delivery of the goods.

 

Article L211-13

The provisions of this section do not deprive the purchaser of the right to exercise the action resulting from redhibitory defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature which to him. is recognized by law.

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Article 1641

The seller is bound by the warranty for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer has not acquired it, or would have given a lower price, if he had known them.

 

Article 1642

The seller is not liable for apparent defects of which the buyer has been able to convince himself.

 

Article 1643

He is liable for hidden defects, even if he would not have known them, unless, in this case, he has stipulated that he will not be bound by any guarantee.

 

Article 1644

In the case of articles 1641 and 1643, the buyer has the choice to return the item and have the price returned, or to keep the item and have part of the price returned, as it will be arbitrated by experts.

 

Article 1646

If the seller was unaware of the defects in the thing, he will only be required to return the price, and to reimburse the buyer for the costs incurred by the sale.

 

Article 1647

If the selection which had defects perished as a result of its poor quality, the loss is for the seller, who will be liable to the buyer for the return of the price and other compensation explained in the two previous articles.

But the loss of arrival by fortuitous event will be for the account of the buyer.

 

Article 1648

The action resulting from crippling defects must be brought by the purchaser within two years of the discovery of the defect.

In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, within one year of the date on which the seller can be released from apparent defects or lack of conformity.

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