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Terms of Sales

 

Preamble / Identity of the seller / Access to professional and commercial rules (if applicable)

 

The preamble recalls the purpose of the general conditions of sale. It also allows to remind if necessary that some products on sale on the site are subject to special conditions of sale. The preamble also makes it possible to know the professional and commercial rules that the seller intends to comply with if necessary.

 

These conditions indicate in particular the following information:

 

The means of reproduction and archiving of the present conditions

Legal mentions of the site bettyroots.bzh

The general conditions of use of the site bettyroots.bzh

The essential characteristics of the proposed properties

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

Technical means of identifying and correcting errors made during data entry

The proposed languages

Archiving and access to the contract

The means of consulting the professional and commercial rules that the seller intends to submit

Legal and contractual warranties

Deadlines, fees and delivery terms

Delivery monitoring and the costs of remote communication techniques

The price

Payment terms and means of security

Details on how to exercise the right of withdrawal,

The duration of the contract and validity of the price.

 

Last updated on February 18, 2019

To view older versions, click here bettyroots.bzh is a service of Betty Roots Music

Registered office: 2, bis rue du frout 29000 Quimper

RCS: 79225983000034

Phone: 09 80 61 59 66

Fax:

Email: bettyrootsmusic@laposte.net

 

It is previously specified that the present conditions exclusively govern sales on the site bettyroots.bzh

 

We operate as an independent record store and we are not subject to any particular professional rules.

 

 

These conditions apply for all sales made from this site, excluding all other conditions, including those in effect for in-store sales.

 

Where appropriate:

These conditions are not applicable to products sold on discogs

 

 

These general conditions are presented in French

 

 

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

 

We do our best to satisfy you. On this site, we present all the essential characteristics of the properties. We will be attentive to the remarks you will send us (click here to access the '' contact us '' section)

 

we only offer products on this site that we actually hold physically, as such you can find our different products offered in this catalog, in our shop "betty roots music" 2 bis rue du frout 29000 Quimper as they are not sold

 

Origin of products:

 

 

Betty roots music buys its used vinyls by rigorously selecting its sources in a limited perimeter, Betty Roots Music is prohibited from buying and selling products of dubious origins, counterfeits, pirates and other fallen truck or any suspicious proposal or resulting from abuse of weakness or misleading maneuver and receiving. Each transaction gives rise to a collection settlement which guarantees full and immediate ownership of Betty roots music. Each origin of purchase is notified in a police notebook

IMPORTANT PRECISION

Betty Roots Music presents on its website the second-hand products for sale with the necessary characteristics that allow to comply with Article L 111-1 of the Consumer Code, which provides the possibility for the potential consumer to know before taking final order the essential characteristics of the products he wishes to purchase.

 

Each vinyl presented has been cleaned tested and evaluated by Betty Roots Music and its sale price is based on the evaluation of its various criteria of visual status and listening, pressing, label, year and state of its pocket etc (for a same product in 2 copies for example Betty roots music can evaluate them following his expertise, at different rates) the selling price of each item is freely set by Betty roots music and is granted by the customer as just and justified and accepted, for the purchaser to demonstrate that the evaluation according to the standards as we use them is wrong

The standards used by most collectors and sellers of vinyl records and here by Betty roots music for the evaluation of the vinyl and therefore its rating are those defined by the Goldmine Grading Guide (USA) or the Record Collector Magazine (United Kingdom ).

 

A double notation (example: EX / VG +) is used to define the condition of the cover, then the vinyl record itself.

each product is reverified on our platter perfectly adjusted before sending and is guaranteed shipped without any other defect than those announced justifying its classification. in case of discrepancy, we invite you to check before any prior condition of your diamond material or the setting of your turntable

 

Cover condition:

 

MINT: perfect condition, new condition

 

NM: Near mint condition

 

EX: The condition is excellent, some partial wear, slice impeccable

 

VG +: Wear of corners, slice and / or traces of the disc

 

VG: worn pouch, stains and / or creases, but still presentable

 

G: Bad general condition

 

WOC: writing, signature and / or label on the cover

 

 

State of vinyl:

 

MINT: perfect condition vinyl or cd sealed new condition

 

NM: Near mint condition

 

EX: Excellent condition, a few crackles

 

VG +: Some cracks and traces of wear that do not affect the listening

 

VG: The disc suffers from the marks of time (cracks, traces of wear and / or claws)

 

G: Bad general condition

 

WOL: writing, signature and / or label on the vinyl sticker

 

Each disc is cleaned carefully

 

Each album is tested in store on a perfectly adjusted deck

 

The protective pouch is offered

 

 

 

LEXICON

 

 

SLEEVE or COVER: Clutch - GATEFOLD: Folding or flap clutch

 

INNER SLEEVE: Inserted document - BOOKLET: Booklet

 

 

LP: Long Play, Album - EP: Extended Play, Mini Album often 6 tracks or Maxi 45rpm 3 or 4 tracks

 

S: Single, 45 rpm 17 cm or Maxi 45 rpm 30 cm 2 titles

 

30 cm = 12 "/ 25 cm = 10" / 17 cm = 7 "

 

 

RE: Reissue (with year of reissue) - PRESS: Pressing (with country of pressing)

 

 

 

8-b: the products being used are by definition in single copy The offers presented by Betty Roots are valid only within the limit of available stock clearly displayed on its site in front of each article.

In case there is a purchase order for the same product in a single stock, to determine the final buyer, only the time of receipt of order from bettyroots.bzh will be taken into consideration.

 

.

 

 

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

 

1.1 Order

On the Internet: www.bettyroots.bzh

 

You make your selection by browsing the pages of our site. Your selections are added to your cart when you click on '' add this product to cart ''. At any time of your navigation on our site, you can validate your order by clicking on '' confirm my order ''.

 

You can also order:

 

By phone on 09 80 61 59 66 from mainland France or by going directly to the shop "Betty Roots Music 2 bis rue du Frout 29000 Quimper.

Monday 14-19 hours Tuesday to Saturday 10-12 am and 14-19 pm

1.2 Validation of the contract

When you click on '' validate my order '', a confirmation message appears. It summarizes all the selected products and options.

You must check in this order form all the information transmitted, including all the elements useful for delivery (delivery address, digicode, phones ...)

If you do not have to modify the form, you must then read these conditions. If you accept them, you must check the box "I have read the terms and conditions of sale and I accept them without reservation".

To continue your order, you must click on '' pay my order ''.

After payment on our secure server (see '' payment ''), an acknowledgment of receipt is displayed. It confirms the registration of your order and informs you that an electronic confirmation message will be sent to you as soon as possible.

 

 

 

Due to the specific nature of our products, the availability of almost all the products offered is limited to one piece. Also the number of copies of each item is displayed to a single unit and can not be ordered more copies! As soon as the sale is realized in store or online the article stock falls to 0 and the article in single piece thus becomes unavailable for sale. In the event that the update of the unavailability is not made instantly Betty Roots music undertakes to warn his client as soon as the ordered article is no longer available and undertakes to re-create it immediately via paypal or to send him a credit of the amount of the article to be worth on the site or in shop if the payment intervened, without other indemnities neither damages and interests of any kind

 

 

 

 

1.3 Technical means of identification and correction of errors

You have the ability 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 (click here to access the '' contact us '' section)

 

 

2. Archiving and access to the contract

We will archive contracts, purchase orders and invoices on a reliable and durable support.

You have a right of communication to these documents for orders of an amount greater than or equal to 120 €.

3. Legal and contractual warranties

 

3.1 Legal guarantees

In accordance with the legal provisions in force relating to the conformity of the goods in the contract, in terms of hidden defects (available in appendix 1 at the end of these general conditions), All our products benefit from the legal guarantee of conformity and the guarantee of the vices hidden, provided for by articles 1641 and following of the Civil Code. In case of non-compliance of a product sold with the description made on the site or in case of deterioration upon delivery, it may be returned, exchanged or refunded.

In the event of deterioration noticed during the delivery, we remind you of the recommendations of use during the delivery such as the verification of the apparent state of the products in the presence of the deliveryman. (written registration of reserve, information of a '' statement of anomaly '' to La Poste)

All complaints, requests for exchange or refund for defective product must be made by mail or telephone or postage within 5 days of delivery.

The products concerned must be returned to us in the state in which you received them with all the elements (accessories, packaging, instructions ...). The shipping costs will be refunded on the basis of the price charged and the return costs will be refunded upon presentation of receipts.

The provisions of this Article do not prevent you from benefiting from the right of withdrawal provided for in Article 6.

3.3 Responsibility

 

 

We do our best to satisfy you. We are responsible for the good execution of the present general conditions Nevertheless our responsibility can not be committed because of a fortuitous event, a case of absolute necessity, the unpredictable and insurmountable fact of a third party to the contract in particular in case of delay delivery or inaccessibility of the site or the fact of nonconformity of the product to a foreign law in case of delivery in a country other than France that you will have to verify before placing an order.De even we commit ourselves to offer you a product corresponding to the description, also to enjoy it fully we invite you to have your platinum set by a professional in advance. Prudence and obligation of good use: the vinyls being fragile, in no case our responsibility could not be put in question for the deteriorations made to your vinyl by a platinum material badly or not regulated by a professional or a worn or defective diamond! also the conditions of stokage and maintenance of your vinyl being essential to its quality we remind you the bases for a conservation optimume it will be up to you to respect them scrupulously to protect your vinyl in the duration and to keep the pleasure of the listening

 

Black disks are made of polyvinyl chloride. Unlike the CD, the disc operates by mechanical contact between the read head and the signal. Therefore, the quality of playback and therefore playback will be directly impacted by the state of the disc and also that of the head of reading.

 

         They should never be stored flat, so keep your discs upright and tight against each other. Replace the old inner sub-pockets with new, over time they produce dust that clogs the furrow, producing the opposite effect that for which they are designed.

 

 

- Avoid touching the disc when handling it. To pull out the disc, let it slide so that only the slice touches your hand, then manipulate it avoiding the recorded part as much as possible using the hole. central point of support.

 

Be careful not to make it fall it is a breakable product

 

No heat sources nearby, so do not store them in direct sunlight, near a radiator or oven, a halogen lamp, or in a car.

Similarly, vinyl records do not like moisture, so forget about storing the cellar bathroom, furniture with mold, and protect cat pee and other liquid risks

 

 

- Use a brush each time you use your discs, with hair or felt, microporous material is regularly deposited in the furrows when listening, especially if you do not - or do not use - the protective cover on your turntable. To effectively use an antistatic brush, do not follow the furrow, but hold the brush perpendicular to the moving disc, and let the disc rotate toward you.

 

 

Also be sure to regularly clean your cell, there are specific brushes and inexpensive. Check the correct installation of your cell and the correct setting of the support force. A poorly tuned cell can irreversibly damage your favorite discs. Follow the advice and instructions in the manual of your turntable and your cell for a good use. For a perfect adjustment of your equipment, each combination of materials being particular and unique call on a professional not to risk irreparably damaging your vinyls by a bad setting.

 

 

 

4. Deadlines, fees and delivery terms

 

4.1 Delivery methods

We will deliver the products to the address indicated on the order form. it is your responsibility to check the accuracy and accessibility of your place of delivery by our partner mail under no circumstances the responsibility of betty roots music can not be blamed for any typing error or lack of information preventing the delivery, also for all events delaying or preventing the delivery which would be due to its provider transport (strikes, bad weather etc ...) or its client (wrong address inaccessibility etc)

 

4.2 Delivery time

 

We will deliver you at the latest on the date indicated in the message of confirmation of your order ............

 

The Products are delivered to the address sent by the Customer and in compliance with the delivery period indicated in the confirmation e-mail that the Company sends, in accordance with article 4.4, upon receipt of its payment to the Customer.

 

 

Your order is processed, packaged and shipped within 48 hours (business days) after receipt of your payment. The packaging is carefully prepared with an approved envelope or parcel

(special case: Your order can be hand-delivered by going to the address of the shop betty roots music 2 bis rue du frout 29000 quimper on request by clicking on "contact" to inform me of your order under availability of the article (s) in which case the shipping costs will be free).

 

The item (s) are sent after payment by La Poste in "letter followed" or "colissimo" from 1 to 5 disks, beyond, in "colissimo" or "chronopost" (at the customer's choice).

 

 

The seller is released from any responsibility for any problems and late delivery due to the carrier. In case of damaged package, loss in routing and other inconveniences, notify the seller within 24 hours to initiate proceedings against the carrier and allow the refund of your order. Your request will be made by e.mail or registered letter with acknowledgment of receipt.

In case of delay in the delivery made to our knowledge, we will inform you by e-mail as soon as possible and we will propose you a new date.

 

 

 

6.2 The following delivery methods are offered to the Customer:

 

 

          . Free withdrawal at the shop 2 bis rue du Frout 29000 Quimper

 

    standard delivery:

 

Delivery by post with an average delay of 2 to 15 working days depending on the delivery destination indicated. If the Customer is absent and the size of the package does not allow a discount in the mailbox, the package is made available in the post office to which the Customer is attached. The Customer has a period of 15 consecutive days since the arrival of the parcel to the post office to come to withdraw it. After this time, it will be returned to the Company.

. Letter followed:

The tracking is done online 24/24 and 7/7 thanks to the tracking number that is communicated to you when sending. The packaging can measure up to 3 cm thick and weigh up to 3 kg for shipping to France, 2 or 3 kg internationally.

 

The indicative deadline for the distribution of a letter followed is two working days for metropolitan France and overseas departments. Allow one to three additional days for international shipments

 

    colissimo delivery: Delivery of your documents or goods already packed the next day before 1 pm

 

For metropolitan France (including Corsica and Monaco) and Belgium:

 

- "My Home" service:

Delivery with an average delay of 48 hours (2 working days) to the delivery address indicated. If the Customer is absent and the size of the package does not allow a discount in the mailbox, a notice is filed and the package is made available in the post office to which the Customer is attached. The Customer has a period of 10 working days from the arrival of the package at the post office to come to withdraw. After this time, it will be returned to the Company.

 

- "My Merchant" service:

Delivery with an average delay of 48 hours (2 working days) to the address of the merchant indicated. The Customer receives an email informing him of the availability of the parcel. The Customer has a period of 10 working days from the arrival of the package at the post office to come to withdraw. After this time, it will be returned to the Company.

 

 

For destinations other than mainland France (including Corsica and Monaco) and Belgium:

 

Delivery with an average delivery time of 5 to 15 working days depending on the delivery destination indicated. If the Customer is absent and the size of the package does not allow a discount in the mailbox, a notice is filed and the package is made available in the post office to which the Customer is attached. The Customer has a period of 15 consecutive days since the arrival of the parcel to the post office to come to withdraw it. After this time, it will be returned to the Company.

 

 

6.3 In case of delayed shipment, the Customer receives an e-mail indicating a new delivery date

6.3 In case of delayed shipment, the Customer will receive an e-mail indicating a new delivery date.

 

 

 

Article L. 121-20-3 of the Consumer Code provides the option for the customer to cancel the order if delivery has not occurred within 7 days of the delivery date indicated in the contract. He loses the benefit of this right if his claim does not occur within 60 days of the original delivery date or if it was delivered before we received his letter.

 

4.3 Delivery charges

The delivery costs are in excess so in addition to the price of vinyl as announced when you order! for any delivery or French metropolis the delivery costs will be calculated according to the country of destination according to chronopost or colissimo and appears distinctly in your basket before validation of your order

 

 

4.4 Follow-up of the delivery

You can contact us by telephone for any question relating to your delivery (click here to go to the '' contact us '' section)

 

5. The price

The prices of our products are indicated in euros all taxes included (French VAT and other applicable taxes). They include the cost of processing your order.

If you request a delivery outside the French territory, your order may be subject to taxes and customs duties when it arrives at its destination.

Payment of these fees and taxes is your responsibility and we invite you to check with the appropriate authorities in your country. You should also check the possibilities of importing or using the products you order us in the destination country.

 

Prices are quoted in € uro, no transaction is possible in another currency. Prices are not increased by the VAT rate, the status of the micro-entrepreneur is subject to a VAT exemption (Article 293 B of the CGI).

 

Prices are calculated based on the condition, quality, scarcity, printing and / or pressing of the products. The seller reserves the right to increase or decrease its prices, however the invoice price is the one indicated during the validation of the order.

 

Shipping costs are charged extra and mentioned during the validation of your order. You will receive a confirmation email.

6. Payment terms and means of security

 

the payment is made during the validation of the order

 

 

6.1 Means of payment

 

 

You have several means of payment to pay for your purchases on bettyroots.bzh

- By credit cards: Visa, Mastercard, credit card.

 

Payment is made on the secure banking servers of our maritime credit partners. This implies that no banking information about you passes through our site.

 

Payment by credit card is perfectly secure; your order will be registered and validated upon acceptance of the payment by the bank you have chosen.

 

- By PayPal:

With PayPal your financial information is never communicated to bettyroots.bzh. Indeed, PayPal encrypts and protects your card number. Pay online by simply entering your email address and password.

 

 

 

6.2 Security

Payments via our site are subject to a security system. We have adopted the SSL (Secure Soket Layer) protocol to encrypt credit card details. To protect against possible intrusion, we do not store credit card numbers on our computer servers. The credit card numbers are processed by the maritime credit which returns us a number of authorization.

7. Satisfied or reimbursed: terms of exercise of the right of withdrawal

In accordance with legal provisions, within 14 days of receiving your product, you can exercise your right of withdrawal. You do not have to justify reasons or pay a penalty. With the exception of the costs of return, which are your responsibility, we will refund all amounts paid no later than 30 days after your withdrawal. On our proposal, you can also opt for another method of refund. However, in accordance with the legal provisions, the right of withdrawal can not be exercised for products made to order, according to the particular specifications of the consumer or on audio recordings, video or computer software unsealed by the customer Article L. 121-20-2 of the Consumer Code

In case of withdrawal of part of the order, the shipping costs will be refunded in proportion to the items sent.

 

The customer can only send back items whose condition and quality do not correspond to the description mentioned on the website and shown on the invoice and the items damaged during packaging and / or delivery The consumer has a period of 14 working days to return, at its expense, the products do not suit him. This period runs from the day of the delivery of the consumer's order. If this period expires on a Saturday, Sunday or a holiday or holiday, it is extended until the next working day. All returns must be reported in advance to the BETTY ROOTS MUSIC BOUTIQUE Customer Service: - in priority by email: bettyrootsmusic@laposte.net - by connecting to our site in the "follow your order" section where, after having entered your customer number, you will be able to get your order number. The product must be returned in Colissimo Recommended BETTY ROOTS MUSIC 2 bis rue du frout 29000 Quimper.

Products such as Discs, CDs, Cells, must not have been unsealed, so that the consumer can benefit from the right of withdrawal.

Electronic products such as diamonds or accessories gift card books pouches etc. remain subject to the legal withdrawal period of 14 days.

Only products returned as a whole, in their original packaging complete and intact, and in perfect condition of resale will be taken back.

Any product that has been damaged, or whose original packaging has been damaged except in the transport, will not be refunded or exchanged.

This right of withdrawal is exercised without penalty, except for the cost of return. In the hypothesis of the exercise of the right of retraction, the consumer has the choice to ask for either the refund of the sums paid, or the exchange of the product. In the case of an exchange, the re-shipment will be at the expense of the consumer.

In the event of exercise of the right of retraction, Betty roots music will make every effort to refund the consumer within 15 days. However, given the technical nature of some products sold, this period may be extended to 30 days, especially when the product needs a technical verification (see products to be tested beforehand).

The consumer will then be reimbursed by crediting his bank account (secure transaction) in case of payment by credit card, or by check in other cases.

 

 

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

The prices take into account the T.V.A applicable on the day of the order and any change of the applicable rate T.V.A. will be automatically passed on the price of the products on sale on bettyroots.bzh.

 

Currently Betty roots music is duty free in VAT: "VAT not applicable, art. 293 B of the CGI »

 

The products remain the sole property of Betty Roots Music until full payment is received by Betty Roots Music.

Our price offers are valid only within the double limit of the validity period of the offer concerned and the available stocks.

Our offers of goods and prices are valid if they appear online on the site at the time of the order

9. Applicable law / Competent jurisdiction

 

 

These conditions are subject to French law.

In case of dispute on the merits or on the form, the court of Quimper will be only competent

 

10. Contact us / after-sales service

If you wish to contact us, our customer service is at your disposal:

For information on our offers or to place an order: By phone at 09 80 61 59 66 from mainland France. Monday 14-19 hours and Tuesday to Saturday 10-12 hours and 14-19 hours

 

To follow the execution of an order, to exercise its right of withdrawal or to play the guarantee: we put at your disposal a telephone number indicated in your email order confirmation.

 

Form: Customer Service

 

Shipments of orders made by service providers may be followed by the customer if a number has been sent to him.

 

11. Intellectual property

 

see general conditions of the site.

 

12. Nominative information

 

We collect your 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, in accordance with these terms and conditions

In accordance with the Data Protection Act of 6 January 1978, you have the right to access, delete, rectify and oppose personal data concerning you. Simply write to us online at Customer Service or by mail Betty Roots Music 2, bis rue du frout 29000 Quimper, indicating your last name, first name, email address, address and if possible your customer reference.

See general conditions of the site.

 

 

Article 13 - Applicable law and mediation

 

 

These Terms are governed by and subject to French law.

 

Except for provisions of public order, any disputes that may arise in the context of the execution of these Terms and Conditions may before any legal action be submitted to the Site Publisher for an amicable settlement.

 

It is expressly reminded that amicable settlement requests do not suspend the time limits for taking legal action. Unless otherwise provided by public order, any legal action relating to the execution of these GSCs shall be subject to the jurisdiction of the courts in the jurisdiction of the defendant's place of residence.

 

 

Mediation of consumption

 

According to Article L.612-1 of the Consumer Code, it is recalled that "every consumer has the right to make free use of a consumer mediator for the amicable resolution of the dispute with a professional. To this end, the professional guarantees the consumer the effective use of a consumer mediation system ".

 

As such, bettyroots.bzh offers its Consumer Clients, in the context of disputes that would not have found an amicable resolution, the mediation of a consumer mediator, whose contact details are as follows:

 

    Mediator of the Medicys Mediation Center

    contact@medicys.fr

    http://www.medicys.fr/index.php/consommateurs/

 

It is reminded that mediation is not mandatory but only proposed in order to resolve disputes by avoiding recourse to justice.

 

 

Appendix 1: Provisions of the Consumer Code concerning the legal guarantee of conformity

 

Article L211-4

The seller is required to deliver a good in accordance 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, the assembly instructions or the installation when it has been charged to it by the contract or has been carried out under its responsibility.

Article L211-5

To be in conformity with the contract, the property must:

1 ° Be fit for the usual expected use of a similar good and, where appropriate:

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

- present the qualities that a buyer may 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 by the parties or be fit for any special purpose sought by the buyer, made known to the seller and that 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 not legitimately able to know them.

 

Article L211-7

The defects of conformity which appear within a period of six months from the delivery of the good are presumed to exist at the time of the delivery, unless proven otherwise.

The seller can combat 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 the conformity of the goods to the contract. However, he can not challenge compliance by invoking a defect he knew or could not ignore when he contracted. The same is true when the defect has its origin in the materials it has provided itself.

 

Article L211-9

In case of lack of conformity, the buyer chooses between repair and replacement of the goods.

However, the seller may not proceed according to the choice of the buyer if this choice entails a cost obviously disproportionate with respect to the other modality, taking into account the value of the good or the importance of the defect. He is then obliged to proceed, unless it is impossible, according to the method not chosen by the buyer.

 

Article L211-10

If the repair and replacement of the property are impossible, the buyer can return the property and get the price back or keep the property and get a part of the price.

The same faculty is open to him:

1 ° If the requested solution, proposed or agreed pursuant to Article L. 211-9 can not be implemented within one month of the claim of the buyer;

2 ° Or if this solution can not be without major inconvenience for this one taking into account the nature of the good and the use that it seeks.

The resolution of the sale can not 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 prevent the award of damages.

 

Article L211-12

The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.

 

Article L211-13

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

 

Article L211-14

The recourse action may be exercised by the final seller against the successive sellers or intermediaries and the producer of the corporeal movable property, according to the principles of the civil code.

Annex 2: Provisions of the Civil Code concerning the guarantee against hidden defects

 

Article 1641

The seller is bound by the guarantee by reason of the hidden defects of the thing sold which renders it unsuitable for the use for which it is intended, or which diminish the use so much that the buyer would not have acquired it, or would have given a lower price, had he known them.

 

Article 1642

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

 

Article 1643

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

 

Article 1644

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

Article 1645

If the seller knew the defects of the thing, he is held, in addition to the return of the price he has received, all damages and interest to the buyer.

 

Article 1646

If the seller was unaware of the defects of the thing, he will be held only to the restitution of the price, and to refund to the purchaser the expenses occasioned by the sale.

 

Article 1647

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

But the accidental loss will be on behalf of the buyer.

 

Article 1648

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

In the case provided for by article 1642-1, the action must be brought, on pain of foreclosure, within one year from the date on which the seller may be discharged from apparent defects or defects of conformity.

 

Article 1649

It does not occur in sales made by authority of justice.

 

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