General Terms and Conditions of Sale

 General terms and conditions of sale

Preamble

These general terms and conditions of sale apply to all sales concluded on the Bud & Blossom Slings website.

This site was created and published using Shopify by Bud & Blossom SAS, managed by Subhan AL OKAILY.

Company contact information:

  • Name: Bud & Blossom SAS

  • SIRET number: 883 848 160

  • Address: 37 rue de la Clairière, 94370 Sucy-en-Brie, France

  • Website: www.budblossomslings.com

  • Email: hello@budblossomslings.com

  • Hosting: The site is hosted by Shopify Inc., whose head office is located at 126 York St., Ottawa, ON K1N 5T5, Canada.

The Bud & Blossom Slings website sells the following products: baby carriers.

The customer declares having read and accepted the general terms and conditions of sale prior to placing their order. Therefore, order confirmation constitutes acceptance of the general terms and conditions of sale.

Article 1 – Principles

These general terms and conditions of sale constitute the entire agreement between the parties. By placing an order, the buyer is deemed to have accepted them without reservation.

These general terms and conditions of sale apply to the exclusion of all other conditions, including those applicable to sales in stores or via other distribution and marketing channels.

They are accessible on theBud & Blossom Slings website and will prevail, where applicable, over any other version or contradictory document.

The seller and the buyer agree that these terms and conditions govern their relationship exclusively. The seller reserves the right to modify these terms and conditions from time to time. They will be applicable as soon as they are published online.

If a sales condition were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies have their headquarters in France.

These general terms and conditions of sale are valid until December 31, 2023.

Article 2 – Content

These general terms and conditions of sale are intended to define the rights and obligations of the parties within the framework of the online sale of goods offered by the seller to the buyer, from the Bud & Blossom Slings website.

These terms and conditions apply only to purchases made on the Bud & Blossom Slings website and delivered exclusively within mainland France or Corsica. For deliveries to French overseas departments and territories or abroad, please send an email to the following address: bonjour@budblossomslings.com .

These purchases concern the following products: baby carriers.

Article 3 – Pre-contractual information

In accordance with Article L. 221-5 of the Consumer Code, the seller undertakes to provide the buyer, in a legible and understandable manner, with the following information before the conclusion of the contract:

  1. Key features of the property : Detailed information on the products offered for sale.

  2. Property price : The total price to be paid, including all taxes, as well as the method of calculating the price.

  3. Additional charges : If applicable, all additional transport, delivery or postage charges and any other applicable charges.

  4. Delivery time : The date or period within which the seller undertakes to deliver the goods, regardless of their price.

  5. Seller information : The seller's identity, postal, telephone and electronic contact details, as well as their activities.

  6. Legal guarantees : Information relating to legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence and terms of implementation of guarantees and other contractual conditions.

  7. Delivery outside the European Union : Orders outside the European Union may be subject to taxes and customs duties. These charges are the responsibility of the buyer and cannot be reimbursed by the seller.

The seller undertakes to provide this information in a clear and understandable manner before the conclusion of the contract, in accordance with the applicable legal provisions.

Article 4 – The order

The buyer has the option to place their order online, from the online catalogue and using the form provided therein, for any product, within the limits of available stock.

The buyer will be informed of any unavailability of the product or item ordered.

For the order to be validated, the buyer must accept these terms and conditions by clicking in the designated area. They must also choose the delivery address and method, and finally confirm the payment method.

The sale will be considered final:

  • After the seller sends the buyer confirmation of acceptance of the order by email;

  • And after the seller has received full payment.

All orders imply acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will be addressed within the framework of a possible exchange and the guarantees mentioned below.

In certain cases, including non-payment, incorrect address or other problem with the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.

For any questions regarding order tracking, the buyer can send an email to the following address: bonjour@budblossomslings.com .

Article 5 – Electronic Signature

Providing the buyer's bank card number online and the final validation of the order will constitute proof of the buyer's agreement:

  • payment of sums due under the order;

  • signature and express acceptance of all transactions carried out.

In the event of fraudulent use of the bank card, the buyer is invited, as soon as this use is noticed, to contact the after-sales service (SAV) by email at the following address: bonjour@budblossomslings.com .

Article 6 – Order Confirmation

The seller provides the buyer with a copy of the contract via email.

Article 7 – Proof of the transaction

The computerized records, stored in the seller's computer systems under reasonable security conditions, shall be considered proof of communications, orders, and payments between the parties. Order forms and invoices are archived on a reliable and durable medium, in accordance with legal requirements, and may be produced as evidence.

Article 8 – Product Information

The products governed by these terms and conditions are those listed on the seller's website and indicated as sold and shipped by the seller. They are offered subject to availability.

The products are described and presented as accurately as possible. However, if any errors or omissions have occurred in this presentation, the seller cannot be held liable.

Product photographs are not contractual.

Article 9 – Price

The seller reserves the right to change its prices at any time. However, it undertakes to apply the prices in effect at the time of the order, subject to product availability on that date.

Prices are shown in euros (€). They do not include delivery charges, which are billed separately and shown before order confirmation. Prices include VAT applicable on the day of the order. Any change in the applicable VAT rate will be automatically reflected in the prices of products in the online store.

If one or more taxes or contributions, particularly environmental ones, were to be created or modified, whether increased or decreased, this change may be passed on to the selling price of the products.

Article 10 – Payment Method

Placing an order implies an obligation to pay on the part of the buyer.

To pay for their order, the buyer may choose from all payment methods made available by the seller and listed on the seller's website. The buyer guarantees to the seller that they have all necessary authorizations to use the payment method chosen when validating the order form.

The seller reserves the right to suspend order processing and delivery in the event of a payment authorization refusal by the duly accredited banking institutions or in the event of non-payment. The seller specifically reserves the right to refuse to make a delivery or fulfill an order from a buyer who has not fully or partially paid for a previous order or with whom a payment dispute is pending.

Payment of the price can be made in full or in several installments free of charge on the day of the order, according to the following terms:

  • by bank card

  • via Klarna in 3 installments with no fees

  • via PayPal

The price must be paid in full, according to the following terms:

  • by bank card

  • via PayPal

For payment via Oney

The client hereby agrees:

  • Oney's General Terms and Conditions of Sale for customers can be accessed via this link.
  • Oney's Legal Notices can be accessed via this link

Warning: Failure to comply with this obligation may result in a fine of €3,000 (source: service-public.fr ). If you have any questions, please contact our support team by clicking on this link ; we will be happy to assist you.

Article 11 – Product Availability – Refund – Resolution

Except in cases of force majeure or during periods when the online store is closed, which will be clearly announced on the website's homepage, shipping times are, subject to availability, as indicated below. Shipping times begin from the date the order is registered, as indicated in the order confirmation email.

  • Metropolitan France and Corsica : 2 to 5 business days from the day after the buyer places their order, according to the following methods: Mondial Relay, Colissimo, TNT. The maximum delivery time will be 30 business days after the conclusion of the contract.

  • Overseas territories and other countries : Delivery arrangements will be specified to the buyer on a case-by-case basis.

Please note that the seller is not responsible for delivery delays once the shipment is handed over to the carrier, as this is beyond our control.

In the event of failure to meet the agreed delivery date or deadline, the buyer must, before terminating the contract, give the seller notice to perform within a reasonable additional period.

If the contract is not performed by the expiry of this new period, the buyer may freely terminate the contract.

The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or by a written document on another durable medium.

The contract will be considered terminated upon receipt by the seller of the letter or written notice informing him of this termination, unless the professional has performed in the meantime.

However, the buyer may immediately terminate the contract if the dates or deadlines mentioned above constitute an essential condition of the contract for him.

In this case, when the contract is terminated, the seller is required to reimburse the buyer for all sums paid, at the latest within 14 days following 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 will then have the choice of requesting either a refund of the sums paid within 14 days of payment, or an exchange of the product.

Article 12 – Delivery Terms

Delivery is defined as the transfer of physical possession or control of the goods to the consumer. Ordered products are delivered according to the terms and within the timeframe specified above.

Products are delivered to the address provided by the buyer on the order form. The buyer is responsible for ensuring the accuracy of this address. Any package returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer may request that the invoice be sent to the billing address instead of the delivery address by selecting the corresponding option on the order form.

If the buyer is absent on the day of delivery, the delivery person will leave a delivery notice in the mailbox, allowing the package to be collected at the location and during the time period indicated.

If, upon delivery, the original packaging is damaged, torn, or open, the buyer must check the condition of the items. If they are damaged, the buyer must refuse the package and note this on the delivery slip (for example, "package refused because it was open or damaged").

The buyer must indicate on the delivery note, in the form of handwritten reservations accompanied by his signature, any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.).

This verification is considered to have been carried out once the buyer, or a person authorized by him, has signed the delivery note.

The buyer must then confirm these reservations to the carrier by registered letter with acknowledgment of receipt no later than two working days following receipt of the item(s) and send a copy of this letter by fax or regular mail to the seller at the address indicated in the legal notices of the site.

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 after this period will not be accepted. Product returns will only be accepted for products in their original condition (packaging, accessories, instructions, etc.).

All returns are at the customer's expense and responsibility. Refunds will not be issued until the package has been received and its condition verified. The seller cannot be held liable for the loss of a returned package.

Article 13 – Delivery Errors

The buyer must notify the seller of any delivery errors and/or non-conformity of the products in terms of type or quality compared to the order form, either on the day of delivery or at the latest on the first business day following delivery. Any claim made after this period will be rejected.

The claim can be made, at the buyer's discretion:

Any claim not made in accordance with the rules defined above and within the specified time limits will not be taken into account and will release the seller from all liability towards the buyer.

Upon receipt of the claim, the seller will assign an exchange number to the product(s) in question and communicate it to the buyer by email. A product exchange can only take place after the exchange number has been assigned.

In the event of a delivery error or exchange, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging, via Colissimo registered mail, to the following address:

Bud & Blossom/ Efilog
La Vétillère – Route des Rairies
72200, Bazouges-sur-le-Loir

All returns are at the customer's expense and responsibility. Refunds cannot be issued until the package is received and its condition verified. We cannot be held responsible for the loss of a returned package.

Article 14 – Product Warranty

14-1 Legal guarantee of conformity

In accordance with Articles L. 217-4 et seq. of the Consumer Code, the seller is responsible for ensuring the conformity of the goods sold to the contract, allowing the buyer to make a claim under the legal guarantee of conformity.

In the event of implementation of the legal guarantee of conformity, it is reminded that:

  • The buyer has a period of 2 years from the delivery of the goods to take action;

  • The buyer may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 217-17 of the Consumer Code;

  • The buyer does not have to provide proof of non-conformity of the goods for 24 months in the case of new goods (6 months in the case of used goods), following delivery of the goods.

In the event of a lack of conformity, the buyer may request repair or replacement of the goods. However, the seller may refuse the solution chosen by the buyer if it entails a cost that is clearly disproportionate to the other option, taking into account the value of the goods or the significance of the defect.

If repair or replacement is impossible, or cannot be implemented within one month of the claim, or creates a major inconvenience for the buyer, the buyer may request a price reduction or termination of the contract. The consumer does not have the right to rescind the sale if the lack of conformity is minor, which it is up to the seller to demonstrate.

These provisions apply to contracts concluded from 1 January 2022 onwards, in accordance with Article 21 of Ordinance No. 2021-1247 of 29 September 2021 relating to the legal guarantee of conformity for goods, digital content and digital services.

14-2 Legal guarantee against hidden defects

In accordance with Articles 1641 et seq. of the Civil Code, the seller is bound by the warranty against hidden defects in the thing sold which render it unfit for the use for which it is intended, or which diminish this use to such an extent that the buyer would not have acquired it, or would have given only a lower price, if he had known of them.

It is the buyer's responsibility to prove that the defects existed at the time of sale and render the goods unfit for their intended use. This warranty must be invoked within two years of the discovery of the defect, in accordance with Article 1648 of the Civil Code.

The buyer may choose between rescinding the sale or obtaining a price reduction, in accordance with Article 1644 of the Civil Code.

Article 15 – Right of withdrawal

Application of the right of withdrawal

In accordance with the provisions of the Consumer Code, the buyer has a period of 14 days from the date of delivery of his order to return any item which does not suit him and request an exchange or refund without penalty, with the exception of the return costs which remain the responsibility of the buyer.

Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) allowing them to be resold as new, and accompanied by the purchase invoice.

Damaged, soiled or incomplete products will not be accepted for return.

The right of withdrawal can be exercised online using the withdrawal form available on this website. In this case, an acknowledgement of receipt on a durable medium will be immediately sent to the buyer. Any other method of declaring withdrawal is accepted, provided it is unambiguous and clearly expresses the intention to withdraw.

If the right of withdrawal is exercised within the aforementioned period, the price of the product(s) purchased and the initial delivery costs will be refunded.

The return shipping costs are the responsibility of the buyer.

The exchange (subject to availability) or refund will be made within 5 working days, and at the latest within 14 days from the date the seller receives the products returned by the buyer under the conditions set out above.

Exceptions to the right of withdrawal

In accordance with Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for the following contracts:

  1. Goods made to consumer specifications or clearly personalized : Baby carriers made to measure or personalized according to the specific instructions of the consumer.

  2. Goods liable to deteriorate or expire rapidly : Although this generally concerns food products, it is specified that certain products may be excluded from the right of withdrawal for this reason.

  3. Goods unsealed by the consumer after delivery and which cannot be returned for hygiene or health protection reasons : Baby carriers whose packaging has been opened after delivery and which cannot be returned for hygiene or health protection reasons.

These exceptions are detailed in article L221-28 of the Consumer Code.

Article 16 – Force majeure

Neither party shall be held liable for any failure to perform or delay in the performance of its contractual obligations due to an event constituting force majeure, as defined by Article 1218 of the Civil Code.

In addition to those usually recognized by French courts and tribunals, the following are considered cases of force majeure:

  • Total or partial strikes, internal or external to the parties;

  • Fire, flood, earthquake, storms, lightning;

  • Blockage or disruption of means of transport or supply;

  • Disruption or difficulties of telecommunications networks or networks external to customers;

  • Pandemics, epidemics, government measures of containment or restriction;

  • Difficulties in obtaining raw materials or finished products necessary for the manufacture or delivery of baby carriers.

The party affected by a case of force majeure must inform the other party as soon as possible, by any written means, and justify the occurrence of this event.

If the impediment is temporary, the performance of the obligations concerned will be suspended for the duration of the force majeure event. The parties will consult to examine the impact of the event and agree on the conditions under which the performance of the contract will continue.

If the force majeure event persists for more than three months, each party may terminate the contract automatically, without compensation, by informing the other party in writing.

Article 17 – Intellectual Property

The website content, including but not limited to texts, images, logos, videos, graphics, mock-ups, databases, and the general structure, are the exclusive property of the seller or its partners, and are protected by French and international intellectual property laws.

Any reproduction, representation, modification, publication, transmission, alteration, in whole or in part, of the content of the site, without prior written authorization from the seller, is strictly prohibited and constitutes an infringement liable to civil and criminal penalties for the offender.

Buyers agree not to make any unauthorized use of the site's content, including for commercial, advertising, or promotional purposes. Any unauthorized use may result in legal action.

The seller reserves the right to take legal action to stop any infringement of its intellectual property rights and to obtain compensation for the damage suffered.

Article 18 – Data Processing and Freedoms

In accordance with current regulations, in particular Regulation (EU) 2016/679 on the protection of personal data (GDPR) and Law No. 78-17 of 6 January 1978 as amended, the personal data collected from the buyer is necessary for processing their order, managing the business relationship, and issuing invoices.

This data may be communicated to the seller's partners responsible for the execution, processing, management and payment of orders.

The processing of information collected through the Bud & Blossom Slings website has been declared to the CNIL (French Data Protection Authority). Any changes to this declaration can be made using the dedicated form on the CNIL website.

In accordance with applicable legislation, the buyer has the following rights regarding their personal data:

  • Right of access : to consult the personal data held by the seller.

  • Right of rectification : to correct or complete inaccurate or incomplete information.

  • Right to object : to object, for legitimate reasons, to the processing of one's data. In the case of direct marketing, this right can be exercised without giving a reason.

These rights can be exercised by contacting the seller at the following email address: bonjour@budblossomslings.com .

For more information about your rights or to exercise your rights, you can consult the CNIL website.

Article 19 – Partial invalidation

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 other provisions shall remain in full force and effect.

This provision is in accordance with the principles set out in Article 1170 of the Civil Code, which provides that "Any clause which deprives the principal obligation of its substance is deemed unwritten".

Article 20 – Non-waiver

The failure of either party to enforce any right or provision of these terms and conditions shall not be construed as a waiver of such right or provision.

This rule is in accordance with Article 1184 of the Civil Code, which stipulates that "The waiver of a resolutory condition must be express".

Article 21 – Title

In case of any difficulty in interpretation between any of the headings appearing at the beginning of the clauses and any of the clauses themselves, the headings shall be declared non-existent.

This approach is in accordance with established case law, which considers that titles are only indicative and cannot influence the interpretation of contractual clauses.

Article 22 – Language of the contract

These General Terms and Conditions of Sale are written in French. If they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.

This provision complies with Article 2 of Law No. 94-665 of August 4, 1994, concerning the use of the French language (known as the Toubon Law), which mandates the use of French in the drafting of contracts intended for consumers in France.

Article 23 – Mediation and dispute resolution

In accordance with Article L.616-1 of the Consumer Code, the buyer has the option of resorting to conventional mediation in the event of a dispute relating to the order or the performance of the service. In the event of a dispute, the buyer may also resort to any alternative dispute resolution method, such as conciliation.

Article 24 – Applicable Law and Jurisdiction

These General Terms and Conditions of Sale are governed by French law.

In the event of a dispute, the competent court will be determined based on the amount of the claim:

  • Local court : competent for disputes where the amount in dispute is less than or equal to €10,000

  • Judicial court : competent for disputes where the amount in dispute exceeds €10,000.

It is specified that the parties may not deviate from these rules of territorial jurisdiction, in accordance with Article 6 of the Civil Code, which prohibits jurisdiction clauses contrary to public policy. In the event of a dispute or claim, the buyer undertakes to contact the seller first in order to attempt to resolve the dispute amicably.

Article 25 – Protection of personal data

Data controller :
The data controller for the personal data collected on this site is:

  • Bud & Blossom SAS
  • SIRET number 883 848 160
  • located at 37 rue de la Clairière, 94370 Sucy en Brie, France
  • Website URL: www.budblossomslings.com
  • Email: bonjour@budblossomslings.com

Purpose of the data collection :
The personal data collected is used for the following purposes:

  • Account opening : collection of name, surname, email address, telephone number and postal address when creating the user account.

  • Login : recording of login, usage, location and payment information when the user logs in to the site.

  • Profile : creation of a user profile including, where applicable, an address and a telephone number.

  • Payment : processing of financial data relating to the user's bank account or credit card in connection with the payment of products and services offered on the site.

  • Communication : temporary storage of data concerning the user's communications with other members of the site.

  • Cookies : We use cookies to improve user experience, personalize content, and measure website audience.

Legal basis for processing :
The processing of personal data is based on the user's consent, in accordance with Article 6(1)(a) of the GDPR.

Data recipients :
The personal data is intended for [your company name] and may be communicated to partners responsible for the execution, processing, management and payment of orders.

Shelf life :
Personal data is kept for the duration necessary for the management of the business relationship, in accordance with the retention periods recommended by the CNIL.

User rights :
In accordance with the GDPR, the user has the following rights:

  • Right of access : the right to obtain confirmation as to whether personal data concerning him or her are being processed and, where that is the case, to access those data.

  • Right of rectification : the right to request the correction of inaccurate or incomplete personal data.

  • Right to erasure : the right to request the erasure of one's personal data, subject to the exceptions provided for by law.

  • Right to restriction of processing : the right to request the restriction of the processing of one's personal data in certain cases.

  • Right to object : the right to object, for reasons relating to one's particular situation, at any time to the processing of one's personal data.

  • Right to data portability : the right to receive the personal data provided in a structured, commonly used and machine-readable format, and to transmit it to another data controller.

Exercising rights :
The user can exercise their rights by sending a request to the following address: [contact email address].

Cookies :
This website uses cookies to improve user experience, personalize content, and measure audience engagement. Users are informed about the use of cookies upon their first visit to the site and can manage their cookie preferences at any time.

Data security :
Appropriate technical and organizational measures are implemented to ensure the security of personal data and to prevent its alteration, loss, unauthorized access or disclosure.

Complaint to the CNIL :
If the user believes their rights have not been respected, they can file a complaint with the French Data Protection Authority (CNIL):https://www.cnil.fr/fr/plaintes . Orisha Commerce


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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.

He is also liable for defects in conformity resulting from packaging, assembly instructions or installation when the latter was his responsibility under the contract or was carried out under his supervision.

Article L. 217-5 : "The property conforms to the contract:

1° If it is suitable for the purpose usually expected of similar goods and, where applicable:

- if it corresponds to the description given by the seller and possesses the qualities that the latter presented to the buyer in the form of a sample or model;

- if it possesses the qualities that a buyer can legitimately expect, having regard to the public statements made by the seller, the producer or their representative, particularly in advertising or labelling;

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

Article L. 217-6 : “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 not legitimately in a position to know them”.

Article L. 217-7 : “Any lack of conformity which appears 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 incompatible with the nature of the goods or the alleged lack of conformity.”

Article L. 217-8 : “The buyer is entitled to demand that the goods conform to the contract. However, he may not contest conformity by invoking a defect that he knew of or could not have been unaware of when he entered into the contract. The same applies when the defect originates from materials that he himself supplied.”

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 refuse to proceed according to the buyer's choice if that choice entails a cost that is clearly disproportionate to the other option, taking into account the value of the goods or the significance of the defect. In that case, the seller is required to proceed, unless impossible, according to the option not chosen by the buyer.”

Article L. 217-10 : “If repair and replacement of the goods are impossible, the buyer may return the goods and receive a full refund or keep the goods and receive a partial refund. The buyer has the same option: 1° If the solution requested, offered, or agreed upon pursuant to Article L. 217-9 cannot be implemented within one month of the buyer's claim; 2° Or if this solution cannot be implemented without significant inconvenience to the buyer, taking into account the nature of the goods and the intended use. However, the sale cannot be rescinded if the lack of conformity is minor.”

Article L. 217-11 : The provisions of Articles L. 217-9 and L. 217-10 shall apply at no cost to the buyer. These same provisions do not preclude the awarding of damages.

Article L. 217-12 : “The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods.”

Article L. 217-13 : "The provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects as provided for in Articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature which is recognized by law."

Article L. 217-14 : "The recourse action may be exercised by the final seller against successive sellers or intermediaries and the producer of the tangible movable property, according to the principles of the civil code.

Article L. 217-15 : "A commercial guarantee means any contractual commitment by a professional to a consumer for the reimbursement of the purchase price, the replacement or repair of the goods, or the provision of any other service related to the goods, in addition to their legal obligations to guarantee the conformity of the goods. "
The commercial warranty is subject to a written contract, a copy of which is given to the buyer.
its implementation, its price, its duration, its territorial scope as well as the name and address of the guarantor.
Furthermore, it is clearly and precisely stated that, with regard to the commercial warranty, the seller remains bound by the legal warranty of conformity mentioned in Articles L. 217-4 to L. 217-12 and by the warranty against defects in the item sold, under the conditions provided for in Articles 1641 to 1648 and 2232 of the Civil Code.
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.
If these provisions are not complied with, the warranty remains valid. The buyer is entitled to invoke it.

Article L. 217-16 : "When the buyer requests the seller, during the course of the commercial warranty granted to him during the acquisition or repair of a movable good, to carry out repairs covered by the warranty, any period of immobilization of at least seven days is added to the remaining duration of the warranty.

This period begins from the date of the buyer's request for intervention or the date the goods in question are made available for repair, if this latter date is later than the request for intervention.

Civil Code

Article 1641 : "The seller is bound by a warranty against hidden defects in the thing sold which render it unfit for the use for which it was intended, or which diminish that use to such an extent that the buyer would not have acquired it, or would have given only a lower price, if he had known of them."

Article 1648 : "The action resulting from latent 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 forfeiture, within one year following the date on which the seller can be released from liability for apparent defects or lack of conformity."