Pastel

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Terms and Conditions of Sale

for online products sold to individual consumers

Preamble

These terms and conditions of sale apply to all sales made on the Pastel website.

The website www.pastelfamily.com is a service provided by:

The company FPH — a single-member limited liability company (EURL) with a share capital of €177,000
located at 2 rue Percheronne, 28000 Chartres, France
website URL: www.pastelfamily.com
email: contact@pastelfamily.com

SIREN 932 293 129 — SIRET (head office) 93229312900015 — RCS Chartres 932 293 129 — Intra-community VAT FR23932293129

Publication director: François Petit, managing director.

Host: Amazon Web Services, Inc., 410 Terry Avenue North, Seattle, WA 98109-5210, USA — +1 206 266 1000

The website www.pastelfamily.com sells the following products: the Super Pastel subscription (5,99 € incl. VAT per month, no commitment: unlimited generation of personalised digital posters to print + 10 video animations of drawings per monthly period) and additional animation packs (25, 50 or 100 animations, one-off payment). The video animations are generated by an artificial-intelligence service from the drawings uploaded by the customer; their rendering may vary from one generation to the next.

Digital content, services & right of withdrawal: the posters and animations are digital content supplied electronically (download, email, online display), with no physical shipment. In accordance with article L.221-28 (1° and 13°) of the French Consumer Code, the customer expressly requests immediate performance of the subscription and of the supply of the content as from sign-up or purchase, and acknowledges that they lose their right of withdrawal as soon as performance begins (first generation of a poster or animation, or start of the subscription period).

The customer declares that they have read and accepted these terms and conditions of sale prior to placing their order. Validation of the order therefore constitutes acceptance of the terms and conditions of sale.

Article 1 - Principles


These general terms express the full set of obligations of the parties. Accordingly, the buyer is deemed to accept them without reservation. These terms and conditions of sale apply to the exclusion of any other conditions, and in particular those applicable to in-store sales or sales through other distribution and marketing channels. They are accessible on the Pastel website and shall prevail, where applicable, over any other version or any other conflicting document. The seller and the buyer agree that these general terms exclusively govern their relationship. The seller reserves the right to amend its general terms from time to time. They will be applicable as soon as they are published online. Should a term of sale be missing, it would be deemed governed by the practices in force in the distance-selling sector for companies headquartered in France. These terms and conditions of sale are valid until they are possibly amended (ongoing update).

Article 2 - Content

The purpose of these general terms is to define the rights and obligations of the parties in connection with the online sale of goods offered by the seller to the buyer, from the Pastel website. These terms concern only purchases made on the Pastel website and delivered exclusively within mainland France or Corsica. For any delivery to the French overseas territories (DOM-TOM) or abroad, please send a message to the following email address: contact@pastelfamily.com.

These purchases concern the following products: the Super Pastel subscription and the animation packs. These are exclusively digital content and services supplied online: no physical delivery is made.

Article 3 - Pre-contractual information

The buyer acknowledges having been provided, prior to placing their order and concluding the contract, in a legible and understandable manner, with these terms and conditions of sale and with all the information listed in article L. 221-5 of the French Consumer Code.

The following information is provided to the buyer in a clear and understandable manner:

- the essential characteristics of the goods;
- the price of the goods and/or the method of calculating the price;
- where applicable, all additional transport, delivery or postage costs and any other charges that may be payable;
- in the absence of immediate performance of the contract, the date or time by which the seller undertakes to deliver the goods, whatever the price;
- information relating to the identity of the seller, their postal, telephone and electronic contact details and their activities, information relating to the legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence and terms of the guarantees and other contractual conditions.

Article 4 - The order

The buyer may place their order online, from the online catalogue and using the form provided therein, for any product, subject to available stock. The buyer will be informed of any unavailability of the product or goods ordered. For the order to be validated, the buyer must accept these general terms by clicking where indicated. They must also choose the delivery address and method, and finally confirm the payment method. The sale will be considered final:
- after the seller has sent the buyer confirmation of acceptance of the order by email;
- and after the seller has received payment of the full price.
Any order constitutes acceptance of the prices and description of the products available for sale. Any dispute on this point will be handled within the framework of a possible exchange and the guarantees mentioned below. In certain cases, in particular non-payment, an incorrect address or another problem with the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved. For any question relating to the tracking of an order, the buyer may contact us at the following email address: contact@pastelfamily.com, on the following days and times: Monday to Saturday, from 9am to 8pm, or send an email to the seller at the following email address: contact@pastelfamily.com.

Article 5 - Electronic signature

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

- to the amounts due under the order form being payable;
- to the signature and express acceptance of all the transactions carried out. In the event of fraudulent use of the bank card, the buyer is invited, as soon as this use is noted.

Article 6 - Order confirmation

The seller provides the buyer with an order confirmation by email.

Article 7 - Proof of the transaction

The computerised records, kept in the seller's computer systems under reasonable security conditions, shall be considered as proof of the communications, orders and payments made between the parties. Order forms and invoices are archived on a reliable and durable medium that can be produced as evidence.

Article 8 - Product information

The products governed by these general terms are those that appear on the seller's website and are indicated as sold and shipped by the seller. They are offered subject to available stock. The products are described and presented as accurately as possible. However, if errors or omissions should occur in this presentation, the seller's liability cannot be engaged. Product photographs are not contractually binding.

Article 9 - Price

The seller reserves the right to change its prices at any time but undertakes to apply the prices in force indicated at the time of the order, subject to availability on that date. Prices are indicated in euros. They do not include delivery costs, which are charged in addition and indicated before the order is validated. Prices take into account the VAT applicable on the day of the order, and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store. If one or more taxes or contributions, in particular environmental ones, were to be created or amended, whether upwards or downwards, this change may be reflected in the sale price of the products.

Article 9 bis - Super Pastel subscription

The Super Pastel subscription is entered into for a period of one month, tacitly renewed at each monthly due date. The price (5,99 € incl. VAT per month as at the date hereof) is automatically charged at each due date via the secure payment provider Stripe.

The subscription includes: unlimited generation of personalised digital posters (reasonable, personal use), and 10 video animations of drawings per monthly period. The animation quota is reset at each due date; unused animations are not carried over to the following period. Each drawing may only be animated once; the generated animation then remains available without any further deduction.

Additional animation packs (25, 50 or 100) are one-off purchases; pack animations do not expire and remain attached to the customer's account. They are neither transferable nor refundable once used.

Cancellation: the customer may cancel their subscription at any time, free of charge and without giving any reason, from their "Account" area (Super Pastel section, "Manage my subscription"), which gives access to the Stripe management portal. Cancellation takes effect at the end of the current monthly period: the benefits remain available until that date and no further payment is taken. Amounts already paid for the current period are not refunded on a pro-rata basis, without prejudice to the legal guarantees.

If payment of an instalment fails, access to the subscription benefits may be suspended and then, failing regularisation, the subscription cancelled.

Article 10 - Payment method

This is an order with an obligation to pay, which means that placing the order entails payment by the buyer. To pay for their order, the buyer may choose from all the payment methods made available by the seller and listed on the seller's website. The buyer guarantees to the seller that they hold any authorisations that may be necessary to use the payment method chosen when validating the order form. The seller reserves the right to suspend any order processing and any delivery in the event of a refusal to authorise payment by bank card by officially accredited bodies or in the event of non-payment. The seller reserves in particular the right to refuse to make a delivery or to fulfil an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is being handled. Payment of the price is made in full on the day of the order, according to the following terms: - bank card
- paypal


Article 11 - Product availability - Refund - Termination

Except in cases of force majeure or during periods when the online store is closed, which will be clearly announced on the site's home page, shipping times will be, subject to available stock, those indicated below. Shipping times run from the date the order is registered as indicated on the order confirmation email. For deliveries within mainland France and Corsica, the time frame is from the day following the day on which the buyer placed their order, according to the following terms: . At the latest, the time frame will be 30 working days after the conclusion of the contract. For deliveries to the French overseas territories (DOM-TOM) or another country, the delivery terms will be specified to the buyer on a case-by-case basis. In the event of failure to meet the agreed delivery date or time frame, the buyer must, before terminating the contract, instruct the seller to perform it within a reasonable additional period. Failing performance upon expiry of this new period, the buyer may freely terminate the contract. The buyer must complete these successive formalities by registered letter with acknowledgement of receipt or in writing on another durable medium. The contract will be considered terminated upon the seller's receipt of the letter or writing informing them of this termination, unless the professional has performed in the meantime. The buyer may, however, terminate the contract immediately if the dates or time frames mentioned above constitute an essential condition of the contract for them. In this case, when the contract is terminated, the seller is required to refund the buyer for all the sums paid, at the latest within 14 days following the date on which the contract was cancelled. In the event of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the option of cancelling their order. The buyer will then have the choice of requesting either a refund of the sums paid within 14 days at the latest from their payment, or an exchange of the product.

Article 12 - Delivery terms

Delivery means the transfer to the consumer of physical possession or control of the goods. The products ordered are delivered according to the terms and time frame specified above. The products are delivered to the address indicated by the buyer on the order form; the buyer must ensure it is accurate. Any parcel returned to the seller because of an incorrect or incomplete delivery address will be re-shipped at the buyer's expense. The buyer may, upon request, have an invoice sent to the billing address rather than the delivery address, by validating the option provided for this purpose on the order form. If the buyer is absent on the day of delivery, the courier will leave a delivery notice in the letterbox, allowing the parcel to be collected at the place and within the time indicated. If, at the time of delivery, the original packaging is damaged, torn or opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must imperatively refuse the parcel and note a reservation on the delivery slip (parcel refused because opened or damaged). The buyer must indicate on the delivery note, in handwritten reservations accompanied by their signature, any anomaly concerning the delivery (damage, product missing compared to the delivery note, damaged parcel, broken products, etc.). This check is considered to have been carried out once the buyer, or a person authorised by them, has signed the delivery note. The buyer must then confirm these reservations to the carrier by registered letter at the latest within two working days following receipt of the item(s) and send a copy of this letter by fax or ordinary mail to the seller at the address indicated in the site's legal notices. If the products need to be returned to the seller, they must be the subject of a return request to the seller within 14 days following delivery. Any claim made outside this period cannot be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions, etc.).

Article 13 - Delivery errors

The buyer must submit to the seller, on the day of delivery itself or at the latest on the first working day following delivery, any claim of a delivery error and/or non-conformity of the products in kind or in quality compared to the information on the order form. Any claim made beyond this period will be rejected. The claim may be made, at the buyer's choice:
- by telephone at the following number: ;
- by email at the following address: contact@pastelfamily.com.
Any claim not made in accordance with the rules defined above and within the allotted time cannot 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 for the product(s) concerned and communicate it to the buyer by email. A product can only be exchanged 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, by registered Colissimo, to the following address: , . Return costs are borne by the seller.

Article 14 - Product warranty

14-1 Legal warranty of conformity The seller guarantees the conformity of the goods sold with the contract, allowing the buyer to make a claim under the legal warranty of conformity provided for in articles L. 217-3 et seq. of the French Consumer Code. Where the legal warranty of conformity is invoked, it is recalled that:
- the buyer has a period of 2 years from delivery of the goods to act;
- 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 French Consumer Code;
- the buyer does not have to provide proof of the non-conformity of the goods during the 24 months for new goods (12 months for second-hand goods) following delivery of the goods.

14-2 Legal warranty against hidden defects In accordance with articles 1641 et seq. of the French Civil Code, the seller guarantees against hidden defects that may affect the goods sold. It is up to the buyer to prove that the defects existed at the time of sale of the goods and are such as to render the goods unfit for their intended use. This warranty must be invoked within two years from the discovery of the defect. The buyer may choose between termination of the sale or a reduction in price in accordance with article 1644 of the French Civil Code.

Article 15 - Right of withdrawal

Application of the right of withdrawal In accordance with the provisions of the French Consumer Code, the buyer has a period of 14 days from the date of delivery of their order to return any item that does not suit them and request an exchange or refund without penalty, with the exception of return costs, which remain the buyer's responsibility. Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be resold as new, accompanied by the purchase invoice. Products that are damaged, soiled or incomplete will not be accepted. The right of withdrawal may 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 communicated to the buyer. Any other method of declaring withdrawal is accepted. It must be unambiguous and express the wish to withdraw. Where the right of withdrawal is exercised within the aforementioned period, the price of the product(s) purchased and the delivery costs are refunded. Return costs are borne by the buyer. The exchange (subject to availability) or refund will be carried out within a period of , and at the latest, within 14 days from receipt by the seller of the products returned by the buyer under the conditions provided above.

Exceptions Under article L221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for contracts:
- for the supply of goods whose price depends on fluctuations in the financial market beyond the professional's control and likely to occur during the withdrawal period;
- for the supply of goods made to the consumer's specifications or clearly personalised;
- for the supply of goods likely to deteriorate or expire rapidly;
- for the supply of goods unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
- for the supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;
- for the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose agreed value at the conclusion of the contract depends on market fluctuations beyond the professional's control;
- for maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by them, within the limit of the spare parts and work strictly necessary to respond to the emergency;
- for the supply of audio or video recordings or computer software unsealed by the consumer after delivery;
- for the supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;
- for the supply of digital content not supplied on a tangible medium, the performance of which has begun after the consumer's prior express consent and express waiver of their right of withdrawal.

Article 16 - Force majeure

Any circumstances beyond the control of the parties preventing the performance of their obligations under normal conditions are considered as grounds for exemption from the parties' obligations and result in their suspension. The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as their disappearance. The following shall be considered cases of force majeure: all irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, beyond the control of the parties and which cannot be prevented by them, despite all reasonably possible efforts. Expressly, the following are considered cases of force majeure or fortuitous events, in addition to those usually recognised by the case law of the French courts: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to the customers. The parties will meet to examine the impact of the event and agree on the conditions under which the performance of the contract will continue. If the case of force majeure lasts for more than three months, these general terms may be terminated by the injured party.

Article 17 - Intellectual property

The content of the website remains the property of the seller, sole holder of the intellectual property rights to this content. Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an offence of counterfeiting.

Article 18 - Data protection

The personal data provided by the buyer is necessary for processing their order and issuing invoices. It may be communicated to the seller's partners responsible for the performance, processing, management and payment of orders. The buyer has a permanent right of access, modification, rectification and objection regarding the information concerning them. This right may be exercised under the conditions and according to the terms defined on the Pastel site.

Article 19 - Partial invalidity

If one or more provisions of these general terms are held to be invalid or declared as such under a law, a regulation or following a final decision of a competent court, the other provisions will retain all their force and scope.

Article 20 - Non-waiver

The fact that one of the parties does not invoke a breach by the other party of any of the obligations referred to in these general terms cannot be interpreted for the future as a waiver of the obligation in question.

Article 21 - Headings

In the event of difficulty of interpretation between any of the headings appearing at the top of the clauses and any of the clauses, the headings will be declared non-existent.

Article 22 - Language of the contract

These terms and conditions of sale are drafted in French. Should they be translated into one or more foreign languages, only the French text shall be authoritative in the event of a dispute.

Article 23 - Mediation and dispute resolution

The buyer may resort to conventional mediation, in particular with the Consumer Mediation Commission or with existing sector-specific mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute. The name, contact details and email address of the mediator are available on our site.

In accordance with article 14 of Regulation (EU) No 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court resolution of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.

Article 24 - Applicable law

These general terms are subject to French law. The competent court is the judicial court. This applies to both substantive and procedural rules. In the event of a dispute or claim, the buyer will contact the seller first in order to obtain an amicable solution.

Article 25 - Protection of personal data

Data collected The personal data collected on this site is as follows:
- account creation: when creating the user's account, their surname; first name; email address; postal address;
- login: when the user logs in to the website, it records, in particular, their surname, first name, connection, usage and location data, and their payment-related data;
- profile: use of the services provided on the website allows a profile to be filled in, which may include an address and a telephone number;
- payment: as part of the payment for the products and services offered on the website, it records financial data relating to the user's bank account or credit card;
- communication: when the website is used to communicate with other members, data concerning the user's communications is temporarily stored;
- cookies: cookies are used as part of the use of the site. The user can disable cookies from their browser settings.

Use of personal data The personal data collected from users is intended to make the website's services available, improve them and maintain a secure environment. More specifically, the uses are as follows:
- access to and use of the website by the user;
- management of the operation and optimisation of the website;
- organisation of the terms of use of the payment services;
- verification, identification and authentication of the data transmitted by the user;
- offering the user the possibility of communicating with other users of the website;
- provision of user assistance;
- personalisation of services by displaying advertisements based on the user's browsing history, according to their preferences;
- prevention and detection of fraud, malware (malicious software) and management of security incidents;
- management of any disputes with users;
- sending of commercial and advertising information, according to the user's preferences.

Sharing personal data with third parties Personal data may be shared with third-party companies in the following cases:
- when the user uses the payment services, to provide these services, the website is in contact with third-party banking and financial companies with which it has entered into contracts;
- when the user posts, in the free comment areas of the website, information accessible to the public;
- when the user authorises a third-party website to access their data;
- when the website uses service providers to provide user assistance, advertising and payment services. These providers have limited access to the user's data, as part of the performance of these services, and are under a contractual obligation to use it in accordance with the provisions of the applicable regulations on the protection of personal data;
- if required by law, the website may transmit data to respond to claims brought against the website and to comply with administrative and judicial procedures;
- if the website is involved in a merger, acquisition, transfer of assets or receivership procedure, it may be led to transfer or share all or part of its assets, including personal data. In this case, users would be informed before the personal data is transferred to a third party.

Security and confidentiality

The website implements organisational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorised access. However, it should be noted that the internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information over the internet.

Exercise of users' rights

Under the regulations applicable to personal data, users have the following rights, which they may exercise by making their request to the following address: contact@pastelfamily.com.
· the right of access: they may exercise their right of access to find out the personal data concerning them. In this case, before implementing this right, the website may request proof of the user's identity in order to verify its accuracy.
· the right of rectification: if the personal data held by the website is inaccurate, they may request that the information be updated.
· the right to erasure of data: users may request the deletion of their personal data, in accordance with the applicable data protection laws.
· the right to restriction of processing: users may ask the website to restrict the processing of personal data in accordance with the cases provided for by the GDPR.
· the right to object to the processing of data: users may object to their data being processed in accordance with the cases provided for by the GDPR.
· the right to portability: they may request that the website provide them with the personal data supplied to it in order to transmit it to a new website.Changes to this clause The website reserves the right to make any modification to this clause relating to the protection of personal data at any time. If a modification is made to this personal data protection clause, the website undertakes to publish the new version on its site. The website will also inform users of the modification by email, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, they may delete their account.

Appendix:

Withdrawal form (to be completed by the consumer, and sent by registered letter with acknowledgement of receipt, within a maximum of 14 days following the date of conclusion of the service contract)

Withdrawal form

For the attention of:
FPH — a single-member limited liability company (EURL) with a share capital of €177,000
located at: 37 rue des Mathurins, 75008 Paris
email address: contact@pastelfamily.com

SIREN 932 293 129 — SIRET (head office) 93229312900015 — RCS Chartres 932 293 129 — Intra-community VAT FR23932293129

Publication director: François Petit, managing director.

Host: Amazon Web Services, Inc., 410 Terry Avenue North, Seattle, WA 98109-5210, USA — +1 206 266 1000


I hereby notify you of my withdrawal from the contract for.....................,
ordered on: .........
Consumer's first and last name: .................
Consumer's address: .................
Date: ..................

Consumer's signature





Appendix:

French 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. The seller is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation where this has been made their responsibility by the contract or carried out under their responsibility."

Article L. 217-5: "The goods conform to the contract: 1° If they are fit for the use usually expected of similar goods and, where applicable:
- if they correspond to the description given by the seller and possess the qualities the seller presented to the buyer in the form of a sample or model;
- if they have the qualities a buyer may legitimately expect given the public statements made by the seller, the producer or their representative, in particular in advertising or labelling; 2° Or if they have the characteristics defined by mutual agreement between the parties or are fit for any special use sought by the buyer, made known to the seller and accepted by the latter."

Article L. 217-6: "The seller is not bound by the public statements of the producer or their representative if it is established that the seller did not know of them and was not legitimately in a position to know of them."

Article L. 217-7: "Any lack of conformity that appears within twenty-four months from the 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 lack of conformity invoked."

Article L. 217-8: "The buyer is entitled to require the goods to conform to the contract. However, they cannot dispute the conformity by invoking a defect they knew of or could not have been unaware of when they contracted. The same applies where the defect originates in materials they themselves supplied."

Article L. 217-9: "In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate compared with the other option, taking into account the value of the goods or the significance of the defect. The seller is then required to proceed, unless impossible, according to the option not chosen by the buyer."

Article L. 217-10: "If the repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded, or keep the goods and have part of the price refunded. The same option is available to them: 1° If the solution requested, proposed or agreed under article L. 217-9 cannot be implemented within one month of the buyer's claim; 2° Or if this solution cannot be implemented without major inconvenience for them, given the nature of the goods and the use they seek. Termination of the sale cannot, however, be pronounced if the lack of conformity is minor."

Article L. 217-11: The application of the provisions of articles L. 217-9 and L. 217-10 takes place at no cost to the buyer. These same provisions do not prevent the award of damages.

Article L. 217-12: "The action resulting from a lack of conformity lapses 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 bring 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 non-contractual nature recognised 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 goods, in accordance with the principles of the Civil Code."

Article L. 217-15: "A commercial guarantee means any contractual commitment by a professional towards the consumer with a view to refunding the purchase price, replacing or repairing the goods or providing any other service in relation to the goods, in addition to their legal obligations to guarantee the conformity of the goods. The commercial guarantee is the subject of a written contract, a copy of which is given to the buyer. The contract specifies the content of the guarantee, the terms of its implementation, its price, its duration, its territorial scope and the name and address of the guarantor. In addition, it clearly and precisely states that, regardless of the commercial guarantee, the seller remains bound by the legal warranty of conformity mentioned in articles L. 217-4 to L. 217-12 and the one relating to defects in the item sold, under the conditions provided for in articles 1641 to 1648 and 2232 of the Civil Code. The provisions of 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. In the event of non-compliance with these provisions, the guarantee remains valid. The buyer is entitled to rely on it."

Article L. 217-16: "When the buyer asks the seller, during the term of the commercial guarantee granted to them upon the acquisition or repair of movable goods, for repair covered by the guarantee, any period of immobilisation of at least seven days is added to the remaining term of the guarantee. This period runs from the buyer's request for intervention or from the availability for repair of the goods in question, if this availability is subsequent to the request for intervention."

Civil Code

Article 1641: "The seller is bound by the warranty on account of the hidden defects of the item sold that render it unfit for its intended use, or that so reduce this use that the buyer would not have acquired it, or would have given a lower price for it, had they known of them."

Article 1648: "The action resulting from latent defects must be brought by the buyer within two years from the discovery of the defect. In the case provided for in article 1642-1, the action must be brought, on pain of forfeiture, within the year following the date on which the seller may be discharged from the apparent defects or non-conformities."

These online terms and conditions of sale for individuals were created on the Rocket Lawyer website.