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Terms and conditions of sale

10. Product warranty

10.1 Commercial warranty

The products sold are covered by a commercial warranty designed to guarantee their conformity and to ensure reimbursement of the purchase price, replacement or repair of the goods. It does not cover defects caused by abnormal or faulty use or resulting from a cause unrelated to the intrinsic qualities of the products, or defects mentioned on the product sheet in the case of "second choice/recondonned" products.
Information concerning any commercial warranties relating to the products and services offered for sale (in particular the content of the warranty, the terms and conditions of its implementation, its price, its duration, its territorial scope, as well as the name and address of the guarantor depending on the products, services and brands concerned) is brought to the customer's attention, where applicable, on the sheet for each product and service in the online sales area.

10.2 Legal warranty

Independently of the commercial warranty described above, products are covered by the legal warranty of conformity defined in articles L.217-4 et seq. of the French Consumer Code, and by the warranty for hidden defects defined in articles 1641 to 1649 of the French Civil Code.

When acting under the legal warranty of conformity :

  • you have a period of two (2) years from delivery of the goods to take action;
  • you may choose between repairing or replacing the good, subject to the cost conditions stipulated in article L. 217-9 of the French Consumer Code;
  • you do not have to prove the existence of a lack of conformity for a period of twenty-four (24) months following delivery of the goods (except for second-hand goods).

You may decide to invoke the warranty against hidden defects in the item sold, as defined in article 1641 of the French Civil Code. In this case, you may choose between rescission of the sale or a reduction in the purchase price in accordance with article 1644 of the said Code.

REMINDER OF THE MAIN TEXTS APPLICABLE

Article L.211-4 of the French Consumer Code

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

He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was made his responsibility by the contract or was carried out under his responsibility."

Article L.211-5 of the French Consumer Code

"To conform to the contract, the goods must:

1°/ Be fit for the purpose normally expected of similar goods and, where applicable :

  • correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;

  • have the qualities that a purchaser may legitimately expect, having regard to public statements made by the seller, the producer or his representative, particularly in advertising or labelling.

2°/ Or present 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 accepted by the latter."

Article L.211-12 of the French Consumer Code

"Any action resulting from a lack of conformity must be brought within two years of delivery of the goods.

Article L.211-16 of the French Consumer Code

When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the date of the purchaser's request for intervention, or from the date the item in question is made available for repair, if the item is made available after the request for intervention.

Article 1641 of the French Civil Code

"The seller is liable for any hidden defects in the item sold which render it unsuitable for its intended use, or which impair this use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.

Article 1648 of the French Civil Code

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



PRACTICAL APPLICATION

Therefore, when the customer brings an action under the legal warranty of conformity as defined by the aforementioned provisions of the French Consumer Code, he :

  • has a period of two years from the date of delivery of the product to take action;

  • may choose between repairing or replacing the product, subject to the cost conditions stipulated in article L. 211-9 of the French Consumer Code;

  • is exempted from proving the existence of the product's lack of conformity during the six months following delivery of the product. This period will be extended to twenty-four months from March 18, 2016.

In any event, the legal warranty of conformity applies independently of any commercial warranty granted by Motoblouz.com on the product(s) ordered.

Finally, the customer may decide to invoke the warranty against hidden defects of the item sold, as defined in article 1641 of the French Civil Code. In this case, the customer may choose either to cancel the sale or to reduce the purchase price in accordance with article 1644 of the French Civil Code.