Terms of Sales
Preamble
General conditions for the sale of products online to individual consumers
These general conditions of sale apply to all sales concluded on the website.
TMAXPERFORMANCE.
The website www.tmaxperformance.fr is a service of:
The company ALLO EASY MOTOS
located 55 Boulevard Joseph Garnier 06000 Nice, France
URL address of the site: www.tmaxperformance.fr
e-mail: contact@tmaxperformance.fr
The TMAXPERFORMANCE website markets the following products: Motorcycle spare parts and accessories.
The customer declares to have read and accepted the general conditions of sale prior to the placing of the contract.
his order. Validation of the order therefore constitutes acceptance of the general conditions of sale.
Article 1 - Principles
These general conditions express the entirety of the obligations of the parties. In this sense, the buyer is deemed to
accept without reservation.
These general conditions of sale apply to the exclusion of all other conditions, and in particular those
applicable for sales in stores or through other distribution and marketing channels.
They are accessible on the TMAXPERFORMANCE website and will prevail, where applicable, over any other version or
any other contradictory document.
The seller and the buyer agree that these general conditions govern their relationship exclusively. THE
Seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put into effect.
line.
If a condition of sale were to be missing, it would be considered to be governed by the practices in force in the sales sector.
distance selling whose companies have their headquarters in France.
These general conditions of sale are valid until January 1, 2025.
Article 2 - Content
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the sale in
line of goods offered by the seller to the buyer, from the TMAXPERFORMANCE website.
These conditions only concern purchases made on the TMAXPERFORMANCE website and delivered
exclusively in mainland France or Corsica. For any delivery in the French Overseas Territories or abroad, you must send a
message to the following email address: contact@tmaxperformance.fr.
These purchases concern the following products: Motorcycle spare parts and accessories.
Article 3 - Pre-contractual information
The buyer acknowledges having had communication, prior to placing his order and concluding the contract,
in a readable and understandable manner, of these general conditions of sale and all the information listed in
Article L. 221-5 of the Consumer Code.
The following information is transmitted to the buyer in a clear and understandable manner:
- the essential characteristics of the property;
- the price of the good and/or the method of calculating the price;
- if applicable, all additional transport, delivery or postage costs and all other possible costs
payable;
- in the absence of immediate execution of the contract, the date or deadline by which the seller undertakes to deliver the goods, whatever
- in the absence of immediate execution of the contract, the date or deadline by which the seller undertakes to deliver the goods, whatever
his price ;
- information relating to the identity of the seller, his postal, telephone and electronic contact details, and his
activities, those relating to legal guarantees, the functionalities of digital content and, where applicable, its
interoperability, the existence and modalities of implementation of guarantees and other contractual conditions.
Article 4 - The order
The buyer has the possibility to place his order online, from the online catalog and using the form there.
shown, for any product, within the limits of available stocks.
The buyer will be informed of any unavailability of the product or good ordered.
For the order to be validated, the buyer must accept, by clicking where indicated, these conditions.
general. He will also have to choose the address and the delivery method, and finally validate the payment method.
The sale will be considered final:
- after sending the buyer confirmation of acceptance of the order by the seller by email;
- and after collection by the seller of the entire price.
Any order constitutes acceptance of the prices and description of the products available for sale. Any dispute on this
point will take place 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 relating to the tracking of an order, the buyer can send an email to the seller
to the following email address: contact@tmaxperformance.fr.
Article 5 - Electronic signature
The online provision of the buyer's bank card number and the final validation of the order will constitute proof of
the buyer's agreement:
- due date of sums due under the purchase order;
- signature and express acceptance of all operations 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
seller at contact@tmaxperformance.fr
Article 6 - Order confirmation
The seller provides the buyer with an order confirmation by email.
Article 7 - Proof of the transaction
Computerized records, kept in the seller's computer systems under reasonable conditions of
security, will be considered as proof of communications, orders and payments made between the
parts. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced at
title of proof.
Article 8 - Product information
The products governed by these general conditions are those which appear on the seller's website and which are
marked as sold and shipped by seller. They are offered while stocks last.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have
occur with regard to this presentation, the seller cannot be held liable.
The photographs of the products are not contractual.
Any modification to a registered vehicle will render it unapproved on the open road. The parts sold on the site (tmaxperformance.fr) are not originally fitted to the vehicle, the assembly of parts and accessories will therefore make the vehicle not approved on the open road. Use on closed roads only.
Article 9 - Price
The seller reserves the right to modify its prices at any time but undertakes to apply the current prices indicated in
time of order, subject to availability on that date.
Prices are in euros. They do not take into account delivery costs, invoiced additionally, and indicated before the
confirmation of the order. The 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, particularly environmental, were to be created or modified, increasing
If one or more taxes or contributions, particularly environmental, were to be created or modified, increasing
as in decline, this change may be reflected in the selling price of the products.
Article 10 - Payment method
This is an order with obligation to pay, which means that placing the order involves a
buyer's payment.
To pay for his order, the buyer has, at his choice, all the payment methods made available to him by the
seller and listed on the seller's website. The buyer guarantees to the seller that he has the necessary authorizations
necessary to use the payment method chosen by him, when validating the order form. The seller is
reserves the right to suspend any order management and any delivery in the event of refusal of payment authorization by
bank card from officially accredited organizations or in the event of non-payment. The seller reserves
in particular the right to refuse to make a delivery or to honor an order from a buyer who has not
fully or partially paid a previous order or with which a payment dispute is in progress
of administration.
Payment of the price is made in full on the day of the order, according to the following terms:
- Bank card
- paypal
Article 11 - Availability of products - Reimbursement - Resolution
Except in cases of force majeure or during periods of closure of the online store which will be clearly announced on the
home page of the site, shipping times will be, within the limits of available stocks, those indicated below. THE
Shipping times run from the date of registration of the order indicated on the confirmation email of the
order.
For deliveries in mainland France and Corsica, the deadline is 3 to 5 working days from the day following that on which the buyer placed their order, according to the following methods: UPS / Colissimo. At the latest, the deadline will be 30 days
working days after the conclusion of the contract.
For deliveries in the French Overseas Territories or another country, the delivery terms will be specified to the buyer on a case-by-case basis.
In the event of non-compliance with the agreed delivery date or deadline, the buyer must, before terminating the contract, instruct the seller to perform it within a reasonable additional period.
In the absence of execution at the end 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 in writing on
another durable support.
The contract will be considered terminated upon receipt by the seller of the letter or writing informing him of this resolution,
unless the professional has complied in the meantime.
The buyer may, however, immediately terminate the contract, if the dates or deadlines seen above constitute for him a
essential condition of the contract.
In this case, when the contract is terminated, the seller is required to reimburse the buyer for all sums paid, at
later within 14 days following the date on which the contract was terminated.
In the event of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the possibility to cancel their purchase.
order. The buyer will then have the choice of requesting either reimbursement of the sums paid within 14 days at most
late payment, i.e. the exchange of the product.
Article 12 - Delivery terms
Delivery means the transfer to the consumer of physical possession or control of the good. Products
ordered are delivered according to the terms and deadlines specified above.
The products are delivered to the address indicated by the buyer on the order form, the buyer must ensure its accuracy.
Any package returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the expense of
the buyer. The buyer can, at his request, have an invoice sent to the billing address and not to 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 delivery person will leave a notice in the mailbox, which will allow the package to be collected at the place and 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 refuse the package and note a reservation on the delivery slip (package refused because open or damaged).
The buyer must indicate on the delivery note and in the form of handwritten reservations accompanied by his signature any
The buyer must indicate on the delivery note and in the form of handwritten reservations accompanied by his signature any
anomaly concerning delivery (damage, missing product compared to the delivery note, damaged package, products
broken...).
This verification is considered to have been carried out when the buyer, or a person authorized by him, has signed the voucher
Delivery.
The buyer must then confirm these reservations to the carrier by registered mail at the latest within two working days following receipt of the item(s) and send a copy of this letter by fax or simple mail to
seller at the address indicated in the legal notices of the site.
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 of delivery. Any complaint made outside this deadline cannot be accepted. The return of
product can only be accepted for products in their original condition (packaging, accessories, instructions, etc.).
Article 13 - Delivery errors or loss of packages
The buyer must make to the seller the same day of delivery or at the latest the second working day following delivery, any claim of delivery error, loss of package and/or non-conformity of the products in kind or in quality compared to the indications appearing on the order form. Any complaint made after this deadline will be rejected.
The claim may be made, at the buyer's choice:
- by e-mail to the following address: contact@tmaxperformance.fr.
Any complaint not made in accordance with the rules defined above and within the time limits cannot be taken into account.
and will release the seller from any liability towards the buyer.
Upon receipt of the complaint, the seller will assign an exchange number for the product(s) concerned and the
will communicate by email to the buyer. The exchange of a product can only take place after the exchange number has been assigned.
In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to the seller in its
together and in its original packaging, by Colissimo Recommended, to the following address: 55 Boulevard Joseph Garnier,
06000 Nice.
Return costs are the responsibility of the seller.
Article 14 - Product guarantee
14-1 Legal guarantee of conformity
The seller guarantees the conformity of the goods sold to the contract, allowing the buyer to make a request under
the legal guarantee of conformity provided for in articles L. 217-3 et seq. of the Consumer Code.
In the event of implementation of the legal guarantee of conformity, it is recalled that:
- the buyer has a period of 2 years from delivery of the goods to act;
- the buyer can choose between repairing or replacing the goods, subject to the cost conditions provided for by
article L. 217-17 of the Consumer Code;
- the buyer does not have to provide proof of the non-conformity of the goods during the 24 months in the case of new goods (12 months in
case of second-hand goods), following delivery of the goods.
14-2 Legal guarantee against hidden defects
In accordance with articles 1641 et seq. of the civil code, the seller is responsible for hidden defects that may affect the property.
sold. It will be up to the buyer to prove that the defects existed at the time of the sale of the property and are likely to render the property
unfit for the use for which it is intended. This guarantee must be implemented within two years from the date of
discovery of the defect.
The buyer can choose between canceling the sale or reducing the price 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
delivery of your order, to return any item that does not suit you and request an exchange or refund
without penalty, with the exception of return costs which remain the responsibility of the buyer.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing their
remarketing in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete products will not be returned.
The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this
The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this
case, an acknowledgment of receipt on a durable medium will be immediately communicated to the buyer. Any other mode of
declaration of withdrawal is accepted. It must be unambiguous and express the desire to retract.
If 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 the responsibility of the buyer.
The exchange (subject to availability) or refund will be made within 14 days, and at the latest, within
the period of 14 days from receipt, by the seller, of the products returned by the buyer under the conditions
provided for above.
Exceptions
According to article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:
- supply of goods whose price depends on fluctuations on the financial market beyond the control of the professional and
likely to occur during the withdrawal period;
- the supply of goods made to the consumer's specifications or clearly personalized;
- supply of goods likely to deteriorate or expire quickly;
- supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for
reasons of hygiene or health protection;
- supply of goods which, after having been delivered and by their nature, are mixed inseparably with others
items ;
- supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value is agreed upon
conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
- maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by
him, within the limit of spare parts and work strictly necessary to respond to the emergency;
- supply of audio or video recordings or computer software when they have been unsealed by the
consumer after delivery;
- supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
- supply of digital content not provided on a material medium whose execution has started after agreement
express prior notice by the consumer and express waiver of his right of withdrawal.
Article 16 - Force majeure
Any circumstances beyond the control of the parties preventing the execution under normal conditions of their
obligations are considered as grounds for exemption from the obligations of the parties 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
than their disappearance.
All irresistible facts or circumstances, external to the parties, unforeseeable, will be considered as force majeure.
inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all efforts
reasonably possible. Expressly, are considered cases of force majeure or fortuitous events, in addition to those
usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or
supply, earthquakes, fires, storms, floods, lightning, shutdown of power networks
telecommunications or difficulties specific to telecommunications networks external to customers.
The parties will come together to examine the impact of the event and agree on the conditions under which the execution
of the contract will be continued. If the force majeure lasts for more than three months, these general conditions
may be terminated by the injured party.
Article 17 - Intellectual property
The content of the website remains the property of the seller, the sole owner 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 offense of counterfeiting.
Article 18 - Information Technology and Freedoms
The personal data provided by the buyer are necessary for the processing of his order and the establishment of the
invoices.
They may be communicated to the seller's partners responsible for execution, processing, management and
payment of orders.
The buyer has a right of permanent access, modification, rectification and opposition with regard to the information
The buyer has a right of permanent access, modification, rectification and opposition with regard to the information
concerning him. This right can be exercised under the conditions and according to the terms defined on the site.
TMAXPERFORMANCE.
Article 19 - Partial non-validation
If one or more stipulations of these general conditions are held to be invalid or declared as such in
application of a law, a regulation or following a final decision of a competent court, the others
stipulations will retain all their force and scope.
Article 20 - Non-waiver
The fact of one of the parties not taking advantage of a breach by the other party of any of the obligations
referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation
in question.
Article 21 - Title
In the event of difficulty of interpretation between any of the titles appearing at the top of the clauses, and any of the
clauses, the titles will be declared non-existent.
Article 22 - Language of the contract
These general conditions of sale are written in French. In the event that they are translated into a
or several foreign languages, only the French text will be authentic in the event of a dispute.
Article 23 - Mediation and dispute resolution
The buyer can resort to conventional mediation, in particular with the Mediation Commission of the
consumption or with existing sectoral mediation bodies, or to any alternative method of settling
disputes (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 a platform for
Online Dispute Resolution, 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 conditions are subject to the application of French law. The competent court is the court
judicial.
This is the case for substantive rules as well as for formal rules. In the event of a dispute or complaint, the buyer
will contact the seller as a priority to obtain an amicable solution.
Article 25 - Protection of personal data
Data collected
The personal data collected on this site are as follows:
- account opening: when creating the user's account, their name; first name ; email address ; number of
phone ; address ;
- connection: when the user connects to the website, he records, in particular, his name, first name, data of
connection, use, location and payment data;
- profile: the use of the services provided on the website allows you to fill in a profile, 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 data
financial information 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 communications are subject to temporary retention;
- cookies: cookies are used as part of the use of the site. The user has the option to deactivate cookies
- cookies: cookies are used as part of the use of the site. The user has the option to deactivate cookies
from your browser settings.
Use of personal data
The personal data collected from users aims to provide the services of the website,
their improvement and the maintenance of a secure environment. More specifically, the uses are as follows:
- access and use of the website by the user;
- management of the operation and optimization of the website;
- organization of the conditions of use of the Payment Services;
- verification, identification and authentication of data transmitted by the user;
- offering the user the possibility of communicating with other users of the website;
- implementation of user assistance;
- personalization 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 incident management
security ;
- management of possible disputes with users;
- sending commercial and advertising information, based on user preferences.
Sharing personal data with third parties
Personal data may be shared with third party companies in the following cases:
- when the user uses payment services, for the implementation of these services, the website is in relation with
third-party banking and financial companies with which it has entered into contracts;
- when the user publishes, in the free comment areas of the website, information accessible to the public;
- when the user authorizes a third party's website to access their data;
- when the website uses the services of service providers to provide user assistance, advertising and support services
payment. These service providers have limited access to user data, as part of the execution of these
services, and have a contractual obligation to use them in accordance with the provisions of the regulations
applicable to personal data protection;
- if required by law, the website may transmit data to pursue claims made against
the website and comply with administrative and legal procedures;
- if the website is involved in a merger, acquisition, transfer of assets or recovery procedure
legal, it may be required to transfer or share all or part of its assets, including personal data
staff. In this case, users would be informed, before personal data is transferred to
a third party.
Security and Privacy
The website implements organizational, technical, software and physical measures in terms of security.
digital to protect personal data against alteration, destruction and unauthorized access. However, it is
note that the internet is not a completely secure environment and the website cannot guarantee the security of the
transmission or storage of information on the Internet.
Implementation of user rights
In accordance with the regulations applicable to personal data, users have the rights
following, which they can exercise by making their request to the following address: contact@tmaxperformance.fr.
the right of access: they can exercise their right of access, to know the personal data concerning them. In
In this case, before implementing this right, the website may request proof of the user's identity in order to
check for accuracy.
the right to rectification: if the personal data held by the website is inaccurate, they can
request updating of information.
the right to delete data: users can request the deletion of their personal data
personal, in accordance with applicable data protection laws.
the right to limitation of processing: users can ask the website to limit the processing of
personal data in accordance with the assumptions provided for by the GDPR.
the right to object to data processing: users can object to their data being
processed in accordance with the assumptions provided for by the GDPR.
the right to portability: they can request that the website give them the personal data it has
the right to portability: they can request that the website give them the personal data it has
provided to transmit them to a new website.
Evolution of this clause
The website reserves the right to make any changes to this clause relating to data protection at
personal character at all times. If a change is made to this data protection clause to
personal nature, the website undertakes to publish the new version on its site. The website will also inform
users of the modification by electronic mail, within a minimum period of 15 days before the effective date. If
the user does not agree with the terms of the new wording of the data protection clause
personal, he has the possibility to delete his account.
Annex :
Withdrawal form
(to be completed by the consumer,
and to be sent by registered letter with acknowledgment of receipt,
within a maximum period of 14 days following the date of conclusion of the service contract)
Withdrawal form
To the attention of :
TMAXPERFORMANCE ALOISI
located at: 55 Boulevard Joseph Garnier, 06000 Nice
email address: contact@tmaxperformance.fr
I hereby notify you of my withdrawal from the contract relating to....................., ordered on: .........
First and last name of the consumer: .................
Consumer address: .................
Date : ..................
Consumer signature
Annex :
Consumer Code
Article L. 217-4 : “The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
deliverance.
He is also liable for defects in conformity resulting from packaging, assembly instructions or installation.
when this was made his responsibility by the contract or was carried out under his responsibility.”
Article L. 217-5 : “The property complies with the contract:
1° If it is suitable for the use usually expected of similar goods and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer under
form of sample or model;
- if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the
seller, by the producer or by his representative, in particular in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use
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 declarations of the producer or his representative if he is
established that he did not know them and was not legitimately in a position to know them”.
Article L. 217-7 : “Defects of conformity which appear within a period of twenty-four months from delivery
of the good are presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period
is set at six months. The seller can combat this presumption if it is not compatible with the nature of the property or the
alleged lack of conformity.”
Article L. 217-8 : “The buyer has the right to demand that the goods conform to the contract. However, he cannot dispute the
compliance by invoking a defect that he knew or could not have ignored when he contracted. The same is true when the
defect has its origin in the materials which he himself 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 clearly entails a cost
disproportionate with regard to the other modality, taking into account the value of the good or the importance of the defect. It is then required
to proceed, unless impossible, according to the method 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 be
return the price or keep the item and have part of the price returned. The same faculty is open to him: 1° If the solution
requested, proposed or agreed in application of article L. 217-9 cannot be implemented within one month
following the buyer's complaint; 2° Or if this solution cannot be done without major inconvenience for the latter, it counts
given the nature of the property and the use it seeks. The sale cannot, however, be canceled if the defect
compliance 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 the lack of conformity is prescribed 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 the
redhibitory defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or
extra-contractual property which is recognized by law."
Article L. 217-14 : "The recourse action may be exercised by the final seller against the sellers or intermediaries
successive and of the producer of the tangible movable property, according to the principles of the civil code.
Article L. 217-15 : "The commercial guarantee means any contractual commitment of a professional with regard to the
consumer for reimbursement of the purchase price, replacement or repair of the goods or the provision of
any other service in relation to the property, in addition to its legal obligations aimed at guaranteeing the conformity of the property.
The commercial guarantee is the subject of a written contract, a copy of which is given to the buyer.
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
as well as the name and address of the guarantor.
In addition, it clearly and precisely mentions that, regardless of the commercial guarantee, the seller remains obliged to
the legal guarantee of conformity mentioned in articles L. 217-4 to L. 217-12 and that 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 fully reproduced in the contract.
In the event of non-compliance with these provisions, the warranty remains valid. The buyer is entitled to take advantage of this."
Article L. 217-16 : “When the buyer asks the seller, during the course of the commercial guarantee which has been granted to him
granted during the acquisition or repair of movable property, a restoration covered by the guarantee, any period
downtime of at least seven days is added to the remaining warranty period.
This period runs from the buyer's request for intervention or the item being made available for repair.
in question, if this provision is subsequent to the request for intervention.”
Civil Code
Article 1641 : “The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for
the use for which it is intended, or which so diminish this use, that the buyer would not have acquired it, or would not have given it
than a lesser price, if he had known them.”
Article 1648 : “The action resulting from redhibitory defects must be brought by the purchaser, within a period of two years from
from the discovery of the defect. In the case provided for by article 1642-1, the action must be brought, under penalty of foreclosure,
within the year following the date on which the seller can be released from apparent defects or lack of conformity.