Terms and conditions
Updated on 16/07/2024
Download our terms and conditions
Please note: These Terms and Conditions are a translation of our official French version. In the event of any discrepancies, the French text shall take precedence. The translation is provided for your convenience, but only the original French version is legally binding.
Access to the website eu.yvesdelorme.com (hereinafter referred to as the "Website") and the use of its content are subject to the general terms and conditions of sale described below.
You are informed that these conditions may be modified at any time. These changes are published online and are deemed to have been accepted unreservedly by all visitors to the Site. These new terms and conditions of sale will only apply to orders placed after they have been published online.
CONTENTS
PREAMBLE
1. IDENTIFICATION OF THE SELLER
2. PRODUCTS OFFERED FOR SALE
3. PRICE
4. ORDER
5. PAYMENT
6. DELIVERY
7. TRANSFER OF RISK
8. RETURN & REFUND OR EXCHANGE (Right of withdrawal)
9. GUARANTEES
10. LIABILITY
11. CLAIMS - INFORMATION
12. SETTLEMENT OF DISPUTES
13. COMPLETENESS
14. ENVIRONMENT
15. PERSONAL DATA
16. INTELLECTUAL PROPERTY
PREAMBLE
These general terms and conditions of sale (hereinafter the "General Terms and Conditions of Sale") apply exclusively to online purchases made by a consumer on the Site within the framework of the regulations applicable to distance selling.
Use of the distance selling process described in these General Terms and Conditions of Sale is reserved for consumers only. Consequently, the customer declares that he/she is acting as a final consumer and has no intention of reselling the Products purchased on the Site, directly or indirectly, for commercial purposes. This declaration by the customer is an essential condition for the Seller.
We invite professionals to contact us using the contact details given in article 1 below for any order.
Any order of Products by a Customer on the Site implies his unreserved acceptance of these General Terms and Conditions of Sale, which he acknowledges having read and approved in their entirety.
1. IDENTIFICATION OF THE SELLER
These General Terms and Conditions of Sale are those of FREMAUX DELORME, a simplified joint stock company with capital of €71,801,205, whose registered office is located at 10 rue de la Pépinière - 75008 Paris - France, registered in the Paris Trade and Companies Register under number 456 501 600, intra-community VAT number FR30 456 501 600 (hereinafter referred to as the "Seller" or "We").
You can contact us
- By telephone Monday to Friday from 9am to 5pm (French time, excluding public holidays):
- From France: 0800 492 500 from Monday to Friday from 9am to 5pm, except public holidays
- From abroad: +33 3 59 61 40 51
- By email using our contact form
- By post to our head office: YVES DELORME WEB - Customer Service - 35 B Avenue de la Marne - CS 90120 - 59442 Wasquehal cedex - eu.
In accordance with the legislation on extended producer responsibility and article L.541-10-3 of the Environment Code, FREMAUX DELORME has the following unique identifiers:
- Sector Eco-organisation Unique identifier
- Textiles - household linen - shoes Refashion FR218743_11FHQI
- Furniture - bedding Ecomobilier FR029647_10JE9V
- Packaging Citeo FR029647_01TVHX
2. PRODUCTS OFFERED FOR SALE
The Site offers for sale items of household linen, bedding, nightwear and decorative accessories (hereinafter referred to as the "Products"). The Products offered for sale are those shown on the Site on the day you consult the Site and subject to availability. Special offers are only valid within the double limit of the validity period of the offer concerned and available stocks.
Any order implies acceptance of the prices and description of the Products available for sale.
The essential characteristics of the Products are described and presented as accurately as possible.
We suggest that you read the description of the Products carefully.
Any dispute on this point will be dealt with in the context of a possible exchange and the guarantees mentioned in article 9 (return costs will be borne by the Seller).
3. PRICES
We may modify the prices indicated on our Site at any time and without prior notice. However, the modified prices will only be applied to new orders, with the exception of orders already placed.
Prices are given in euros, inclusive of all taxes and excluding delivery charges, for all orders delivered in eu. They take into account French VAT, the country of departure of the Products and any reductions applicable on the day of the order.
If one or more taxes or contributions, in particular environmental taxes, are created or modified, either upwards or downwards, this change may be reflected in the sale price of the Products on the Site and on the various sales media, where applicable.
Any order delivered outside France may be subject to possible taxes and customs duties at your expense. You will be asked to pay any such taxes and charges by the customs authorities, either directly or via the carrier. Under no circumstances will the Company cover these costs. The Site does not allow tax exemption.
We do not issue paper invoices; only an electronic invoice will be available in the "your account" section. You will have the option of keeping a computerised and/or printed version of the invoice. On request, the invoice can be sent to you by email.
We take great care to ensure that the prices on our Site are accurate. However, in the event of an error on our part, we reserve the right not to supply Products whose price is clearly incorrect.
4. ORDERING
You may order in the following ways:
4.1. Online ordering on the Site
When you place your first order, we will ask you to create an account and to fill in a form specifying certain mandatory fields so that we can take your selection into account. In the event of prolonged inactivity when logging in, it is possible that your selection of Products chosen before this inactivity will no longer be guaranteed. You will then be invited to resume your selection of Products.
For all future orders, you will be asked to identify yourself with your email address followed by your password.
All the steps required to place an order are specified on our Site.
Before placing a definitive order, you will have the opportunity to check the details of your order and its total price, and to correct any errors, before confirming it.
For all orders that you place on the Site, a confirmation email will be sent to you within 24 hours containing your order number, details of the Products ordered, the procedure for collecting your invoice, and the details of your order.This email will contain your order number, details of the Products ordered, the procedure for collecting your invoice, a link to these General Terms and Conditions of Sale, and in particular a returns form enabling you to exercise your right of withdrawal.
If a Product ordered is unavailable, you will be informed by email. The order for this Product will be cancelled.
4.2 Ordering by telephone
If you are unable to place an order on our Site, you may place your order by telephone.
Orders will be received by our Customer Service on 0800 492 500 (free service & call) from Monday to Friday from 9am to 5pm (French time), excluding public holidays.
All the provisions of the General Terms and Conditions of Sale relating to sales on our Site are applicable to telephone sales.
4.3. Limitations
We reserve the right to refuse any order that is abnormal or placed in bad faith.
In addition, we reserve the right to refuse any order from a customer with whom there is a dispute relating to the payment of a previous order, in particular until the problem has been resolved.
5. PAYMENT
For all orders placed on our Site, the Products, services and shipping costs are payable when the order is placed. At no time may the sums paid be considered as deposits or advance payments.
You may pay for your purchases :
- by credit card (Carte Bleue, Visa or Eurocard/Mastercard, American Express),
- via your PayPal account,
- by bank transfer,
- by payment in 3 instalments free of charge.
Bank cheques, cash, postage stamps and money orders are not accepted.
5.1. Payment by bank card
We accept "CB", Visa, Eurocard/Mastercard and Amex cards issued on bank accounts domiciled in one of the delivery countries mentioned in the "Delivery" article.
Your bank account will be debited when your order is confirmed.
You guarantee that you are the holder of the bank card to be debited and that the name appearing on the card is your own.
To ensure the security of payments, we use the secure payment service provided by a service provider: be2bill - rentabiliweb. This service incorporates the SSL3.0 security standard (confidential data is encrypted on the server and is not stored on the Seller's computer server at any time). Be2bill thus ensures the highest level of security for data concerning our Customers' payment methods. Your payment request is routed in real time to the secure telepayment manager, which carries out various checks to prevent abuse and fraud. When validating your order, you will be asked to enter your bank card number, expiry date and security code. The bank card details will then be stored in encrypted format until the order has been paid for, via our payment service provider Be2bill, and until the expiry of your right of return, so that we can refund you by crediting your account. The credit card details provided when you place your order are only used by Be2bill for the purposes of carrying out the transaction. Similarly, in the event of a deferred payment option, your bank details will be kept in the same way by Be2bill until the scheduled payment date.
In accordance with the law of 13 March 2000 on electronic signatures, the online transmission of your card number and the final validation of your order constitute proof of the completeness of the order and the payability of the sums due in settlement of this request.
In the event of fraudulent use of your card, you are invited to contact Customer Services immediately after becoming aware of such use.
5.2. Payment via your PayPal account
This is a simple and secure method of payment. The world leader in online payment methods, PayPal, a company in the eBay group, enables any individual or legal entity to send and receive payments via the Internet simply, quickly and securely. With PayPal, your financial information is never communicated to the Seller. PayPal encrypts and protects your card number once and for all. Pay online simply by entering your email address and password.
5.3. Payment by bank transfer
During the ordering process, you will be sent our bank details (RIB). You should specify your order number in the title of the transfer. This order number will be indicated in the order confirmation email that you will receive after validating your order. Please note that orders paid by bank transfer will be prepared and dispatched on receipt of the bank transfer.
5.4. Payment in 3 instalments free of charge
Payment of your order in 3 instalments free of charge by bank card from €300 of purchases up to €2000 with the company Oney Bank.
Our partner Oney Bank offers you a financing solution called 3x Oney, which allows you to pay for your purchases from €300 to €2000 in 3 instalments free of charge using your bank card.
Conditions: This offer is reserved for private individuals (over 18 years of age) residing in France and holding a Visa or MasterCard bank card with a validity date longer than the chosen financing period. Systematic authorisation cards such as Electron, Maestro, Nickel, etc., as well as e-cards, Indigo cards and American Express cards are not accepted.
How to subscribe: Once you have completed your order, simply click on the "Oney 3x payment by credit card" button.
You will then be redirected to our partner's 3x Oney web page, where you will find a detailed summary of your order and your personalised finance application, which you must then validate. Enter your personal details or, if you have a 3x Oney account, log in using the login details for your 3x Oney account. You read the general terms and conditions of payment in instalments to which you wish to subscribe, which are provided to you in PDF format so that you can read, print and save them before accepting them.
You then notify your electronic acceptance by ticking the corresponding box.
You acknowledge that the "double click" associated with the tick box on the acknowledgement of the general terms and conditions constitutes consent to contract and irrevocable and unreserved acceptance of the general terms and conditions of the product.
In the absence of proof to the contrary, the data recorded by Oney Bank constitutes proof of all transactions between you and Oney Bank.
If you ask to benefit from a financing solution offered by Oney Bank, the information relating to your order will be transmitted to Oney Bank, which will use it to study your request for the purposes of granting, managing and collecting credit.
Oney Bank reserves the right to accept or refuse your request for 3x Oney financing. You have 14 days in which to cancel your loan.
How does it work? Payment in 3 instalments free of charge by bank card allows you to pay for the order placed on our merchant site in the following way:
- a compulsory deposit, debited on the day of confirmation of dispatch of your order, corresponding to one third or one quarter of the order;
- two or three monthly instalments, each corresponding to one third or one quarter of the order, debited 30 and 60 days later.
Example: For a purchase of €150, deposit of €50 then 2 monthly instalments of €50. Credit over 2 months at a fixed APR of 0%. Cost of financing €0.
Oney Bank - SA au capital de 51 286 585€ - Siège social : 34 avenue de Flandre 59170 CROIX - RCS Lille Métropole 546 380 197 - n° Orias : 07 023 261 - www.orias.fr - Correspondence : CS 60006 - 59 895 Lille Cedex 9 - www.oney.fr
5.5. Invoice
We do not issue paper invoices, only electronic invoices available in the "your account" section. You will have the option of keeping a computerised and/or printed version. On request, the invoice can be sent to you by email.
5.6. Retention of title
The Products ordered by the Customer remain the exclusive property of the Vendor until full payment of the price by the Customer.
6. DELIVERY
The Products in a single order will, in principle, be delivered at once, unless one or more Products are unavailable or in a special case such as, for example, an order containing a product from the Brun de Vian Tiran brand or the Le Jacquard Français brand, and products from other brands.
Some of our Products may be available in more than 4 working days. In this case, the period of availability corresponding to the Product(s) concerned is indicated on the Site. You may order them, but they will only be delivered to you within the times indicated on the Site at the time of your order.
If, on delivery, the external appearance of the parcel is not perfect, we invite you to open it in the presence of the carrier or the staff of the Yves Delorme boutique in order to check the condition of the Products delivered. In case of damage to the Products, please detail it precisely on the delivery note.
The delivery will take place after the payment of the amount of the order has been received.
6.1. Home delivery
We only deliver Products to the countries indicated on the order validation page, at the stage where you are asked to enter your postal address. A tracking number will be sent to you by email as soon as your order has been dispatched.
It is understood that no deliveries will be made to hotels or post office boxes.
The Products are delivered within the times indicated on the site (excluding weekends, public holidays and sales periods) from the date of the order, except for longer delivery times during sales or promotions in particular. In all cases, the delivery time will be indicated to you when you place your order, before it is validated.
6.2. Delivery to the Yves Delorme Boutique
It is possible to have your order delivered FREE OF CHARGE in one of our Yves Delorme boutiques offering this service, within 2 working days.
During the order process, at the "Shipping" stage, you will be indicated which Yves Delorme boutiques are eligible for this service.
6.3. Delivery in a Pick up Relay Point
It is possible to have your order delivered FREE OF CHARGE, within 3 working days, to a Pick up Relay Point in mainland France (including Corsica) for orders of Yves Delorme, Iosis, Laurence Tavernier, Lacoste, Ralph Lauren and Kenzo products.
This service is not available for Le Jacquard Français and Brun de Vian-Tiran products.
The parcel remains available for 10 days. After this period, it will be returned to us. Please bring your ID with you when you collect your parcel.
6.4 Delivery delays
Exceeding a delivery deadline may not give rise to any damages or interest or deductions of any kind whatsoever, or to cancellation of the order in progress when this is due either to the Customer's fault or to force majeure.
Except in cases of force majeure, if the Vendor fails to fulfil its obligation to deliver the Product on expiry of the 30-day delivery period or the longer delivery period agreed by mutual agreement, the Customer may terminate the contract by registered letter with acknowledgement of receipt or by means of a written notice.e with acknowledgement of receipt or in writing on another durable medium, if, after having enjoined the Vendor, by the same means, to make delivery within a reasonable additional period, the Vendor has not complied within this period.
The contract shall be deemed to have been terminated on receipt by the Vendor of the letter or writing informing it of such termination, unless the Vendor has performed in the meantime.
The Customer may, however, cancel the contract immediately if the dates or deadlines referred to above constitute an essential condition of the contract for the Customer and if, when the order was placed, the Customer expressly informed the Vendor of the essential nature of the delivery dates or deadlines.
The Customer will then be reimbursed by the Vendor for the price of the Products concerned and any delivery costs within 14 days of the date on which the contract was terminated.
7. TRANSFER OF RISKS
Pursuant to Article L216-4 of the French Consumer Code, the transfer of risks will take place upon delivery, i.e. when you or any third party designated by you, other than the carrier designated by the Vendor, takes physical possession of the Products.
If you choose to use a carrier other than the one proposed by the Seller, the transfer of risks will take place when the Products are handed over to the carrier, pursuant to Article L216-5 of the French Consumer Code.
8. RETURNS & REFUND OR EXCHANGE (RIGHT OF WITHDRAWAL)
8.1. Right of withdrawal
All Products ordered may be refunded (including products on sale or promotion) except those excluded by law (article L221-28 of the French Consumer Code), such as, for example:
- Products that have been personalised at your request,
- Products which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.
The Product returned must be intact in its original packaging and must not have been worn, used, washed and/or entrusted to a cleaning service, altered or damaged.
Only the Customer may exercise this right of withdrawal. This right cannot therefore be exercised by the recipient of the order.
Our general returns policy (for a refund or exchange) allows you to retract within 60 days of receipt of the last package of your order.
During this period, all you have to do is notify us of your wish to cancel:
- Either by returning the attached withdrawal form to us by post or by email (clients@yvesdelorme.fr). Any other method of notification is accepted. It must be unambiguous and express the wish to withdraw.
- Or by contacting Customer Services on 0800 492 500 (free service & call) from Monday to Friday, 9am to 5pm, excluding public holidays.
When the 60-day period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.
Even if you have not notified us of your wish to withdraw via the means mentioned above, we will nevertheless accept to take back your Product, provided that it is returned to us within 60 days of delivery of the last package of your order.
8.2. Returns
Once you have taken the steps set out in paragraph 8.1 above, you must return the Product concerned to us without delay and, in any event, within 14 days of the date of notification of your wish to withdraw.
You must return the Product to us in its original packaging, complete (accessories, instructions, label, etc.) and accompanied by your invoice and the carefully completed returns form, both of which are available in "your account" and in your order confirmation email:
8.2.1 By post to the following address:
FREMAUX DELORME
WEB Returns Department
Quai n°4
34 rue d'Ecosse
F - 59116 Houplines
8.2.1.1 For Le Jacquard Français brand products only :
By post to the following address
SOCIETE LE JACQUARD FRANCAIS
45 Boulevard Kelsch
F- 88400 Gerardmer
8.2.1.2 For Brun De Vian Tiran brand products only, by post to the following address:
SOCIETE BRUN DE VIAN TIRAN
2 Cours Victor Hugo
F- 84800 L'Isle-sur-la-Sorgue
It is specified that, on a commercial basis, we will bear the cost of returning the Products if the Customer validly exercises the right of withdrawal. To do this, the Customer must contact Customer Services in order to receive a pre-paid transport label.
In the event of non-compliance with the procedures for returning Products communicated by the Vendor, in particular the use of the pre-paid colissimo label, the Customer will not be able to benefit from the Vendor's assumption of responsibility for return costs.
The risks of returning the goods are borne by the Customer.
8.2.2. Or by dropping it off free of charge at a Yves Delorme boutique offering this service.
This service is not available for Le Jacquard Français and Brun de Vian-Tiran products.
To find out which boutiques offer this service, please contact Customer Service.
8.3. Refunds
We undertake to reimburse you, subject to compliance with the terms and conditions mentioned above, as soon as possible and at the latest within 14 days of the date on which you informed us of your decision to withdraw. However, this reimbursement may be deferred until we receive proof that the parcel has been sent to us or received by us (the date being the earlier of these two events).
We will make the refund using the same method of payment that you chose to pay for your order, unless you agree to allow us to make the refund using another method of payment. However, we inform you that for returns made in a Yves Delorme boutique, and for technical reasons, reimbursement will only be made by crediting your bank card.
In accordance with article L.242-4 of the French Consumer Code, when the professional has not reimbursed the sums paid by the consumer, the sums due are automatically increased :
- the legal interest rate if reimbursement is made no later than 10 days after the expiry of the 14-day period set out above,
- 5% if the delay is between 10 and 20 days,
- 10% if the delay is between 20 and 30 days,
- 20% if the delay is between 30 and 60 days,
- 50% if the delay is between 60 and 90 days,
And an additional five points for each further month of delay, up to the price of the product, then the legal interest rate.
8.4. Exchange
If you wish to replace the returned Product, we invite you :
- either specify this by email to our Customer Service department when you make your return request. In this case, the Product must be of the same price as the one you are returning,
- to place another order on the Site,
- or, in the case of a return to one of our Yves Delorme shops, to choose a new item offered for sale in that shop at the price displayed on the premises. If the item you have chosen is cheaper than the amount to be refunded, the difference will be refunded to you.
9. GUARANTEES
The Products on sale on the Site are subject to the legal guarantee of conformity under the conditions set out in articles L217-3 et seq. and articles L.224-25-12 et seq. et seq. of the French Consumer Code and to the guarantee against hidden defects under the conditions set out in articles 1641 et seq. of the French Civil Code, allowing the Customer to return Products delivered faulty or not in conformity.
Legal guarantee of conformity: When you take action under the legal guarantee of conformity, you :
- Have a period of two years from the date of delivery of the Product to take action;
- May choose between repairing or replacing the Product, subject to the cost conditions set out in article L217-12 of the French Consumer Code;
- Are exempted from proving the existence of the lack of conformity of the Product during the 24 months following the delivery of the Product.
The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
Hidden defects guarantee: You may decide to invoke the warranty against hidden defects in the item sold, as defined in article 1641 of the French Civil Code. In this case, you may choose between rescinding the sale or reducing the sale price in accordance with Article 1644 of the French Civil Code.
10. LIABILITY
The Vendor's performance of its obligations under these General Terms and Conditions of Sale will be suspended in the event of a fortuitous event or force majeure which hinders or delays their performance.
The Site complies with French legislation, and under no circumstances does the Vendor guarantee compliance with any local legislation that may be applicable to you when you access the Site from other countries.
11. COMPLAINTS - INFORMATION
For any information, complaint or question relating to the General Terms and Conditions of Sale of our Site or to the Products themselves, you may contact Customer Services, quoting your order number where applicable:
FREMAUX DELORME
Yves Delorme Web Customer Service
35 B Avenue de la Marne
CS 90120
59442 Wasquehal cedex
Tel: 0800 492 500 (free service & call) Monday to Friday, 9am to 5pm, excluding public holidays.
12. SETTLEMENT OF DISPUTES
12.1 Complaints & Mediation
12.1.1. Complaints
For any complaint relating to your order, please contact us:
- Either by telephone: 0800 492 500 (free service & call) from Monday to Friday from 9am to 5pm, excluding public holidays.
- Or by email: clients@yvesdelorme.fr
- Or by post to our head office: YVES DELORME WEB - Customer Service - 35 B Avenue de la Marne - CS 90120 - 59442 Wasquehal cedex - eu.
12.1.2. Mediation
In accordance with Article L.616-1 of the Consumer Code concerning the amicable settlement of disputes, FREMAUX DELORME adheres to the Consumer Mediation Service of the CMAP (Centre de Médiation et d'Arbitrage de Paris) whose contact details are as follows: 39, avenue F.D. Roosevelt 75008 Paris - http://www.cmap.fr.
After the Customer has first approached FREMAUX DELORME in writing, the Mediation Service may be contacted for any consumer dispute which has not been settled. To find out how to contact a CMAP mediator, click here.
You may also submit your complaint via the online settlement platform set up by the European Commission at the following address
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&Ing=FR
The European Commission will transfer your complaint to the competent national mediators.
You may have recourse to the Consumer Mediation Service for consumer disputes relating to a purchase made both on our Site and in a shop.
12.2 Applicable law and jurisdiction
Our General Terms and Conditions of Sale are governed by and subject to French law. Under no circumstances does the Vendor guarantee that the Site complies with local legislation applicable to any customer accessing it from other countries.
In the absence of an amicable solution between the Vendor and the customer, any legal action will be brought before the competent courts of the place of domicile of the defendant or, at the choice of the plaintiff, of the place of actual delivery of the Product.
13. INTEGRALITY
In the event that one of the clauses of the General Terms and Conditions of Sale is rendered null and void by a change in legislation or regulations or by a court decision, this shall in no way affect the validity of and compliance with these General Terms and Conditions of Sale.
14. ENVIRONMENT
14.1. ECO-PARTICIPATION
Eco-participation in furniture is a contribution that must be applied to the price of each of the following new products: mattress toppers, pillows, bolsters, duvets, sleeping bags, bedding cushions and decorative cushions (filling).
As a contribution, it is not eligible for any reductions. It is paid in full to Eco-mobilier, a non-profit, government-approved eco-organisation. Its mission is to develop the collection of these products, to ensure their recovery at the end of their life and to promote re-use.
14.2. TRIMAN" SIGNS AND INFO-TRI
The TRIMAN sign informs you that the product or packaging on which the logo is affixed must not be thrown away in the residual household waste bin but must be sorted or taken to a collection point.
Information on how to sort or bring in the waste from the product (info-tri) can be found on the product or its packaging, or, failing that, any other document supplied with the product (instructions for use, etc.), including by electronic means.
Triman and info-tri come from the Environment Code.
15. PERSONAL DATA
The personal data provided by the Customer is required to process his/her order and to draw up invoices.
It may be communicated to the Vendor's subcontractors or partners responsible for the execution, processing, management and payment of orders.
The Customer has a permanent right of access, modification, rectification and opposition with regard to information concerning him or her. This right may be exercised under the terms and conditions defined in the "Personal Data & Cookies" tab on the Site, where the Customer may obtain all the information relating to this point.
16. INTELLECTUAL PROPERTY RIGHTS
All elements of the Site, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents. Likewise, the YVES DELORME brand, as well as all figurative or non-figurative brands and, more generally, all other brands, illustrations, images and logos appearing on the Site, the Products, their accessories or their packaging, whether or not they are deare either the exclusive property of FREMAUX DELORME or FREMAUX DELORME holds the rights to them.
Under no circumstances may their disclosure be interpreted as granting a licence or any right to use the said trademarks and distinctive elements protected by copyright. They may not therefore be used under penalty of infringement. Thus, none of the documents from the Site may be copied, reproduced, republished, downloaded, posted, transmitted or distributed in any way whatsoever.
However, it is possible to download a copy of the documents onto a computer for your personal use and solely for non-commercial purposes, provided that you do not modify the information contained therein and that you keep intact all copyright and other proprietary notices. Modification of these documents or their use for any other purpose constitutes an infringement of FREMAUX DELORME's intellectual property rights.
If you have a personal website and wish to place, for personal use, a simple link on your site referring directly to the home page of the Website, you must request authorisation from FREMAUX DELORME. This will not constitute an implicit affiliation agreement.
On the other hand, any hypertext link to the Website using the framing or in-line linking technique is strictly prohibited. In all cases, any link, even tacitly authorised, must be withdrawn at the request of FREMAUX DELORME.
APPENDIX 1 - Provisions relating to legal guarantees
Legal guarantee of conformity :
Article L217-4 of the French Consumer Code:
The goods conform to the contract if they meet the following criteria, where applicable:
- It corresponds to the description, type, quantity and quality, particularly with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract;
- It is fit for any special purpose intended by the consumer, made known to the seller at the latest at the time of conclusion of the contract and accepted by the latter;
- It is supplied with all the accessories and installation instructions to be provided in accordance with the contract;
- It is updated in accordance with the contract.
Article L217-5 Code de la Consommation :
I. - In addition to the criteria of conformity with the contract, the good is in conformity if it meets the following criteria:
It is fit for the use normally expected of goods of the same type, taking into account, where applicable, any provisions of European Union law and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;
- Where applicable, it possesses the qualities which the seller has presented to the consumer in the form of a sample or model prior to the conclusion of the contract;
- Where appropriate, the digital elements it contains are supplied in the most recent version available at the time the contract is concluded, unless the parties agree otherwise;
- Where applicable, it is supplied with all the accessories, including packaging, and installation instructions that the consumer may legitimately expect;
- Where applicable, it is supplied with the updates that the consumer may legitimately expect, in accordance with the provisions of article L. 217-19;
- It corresponds to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, taking into account the nature of the product.It corresponds to the quantity, quality and other characteristics, including durability, functionality, compatibility and safety, that consumers can legitimately expect for goods of the same type, having regard to the nature of the goods and to public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labelling.
II. - However, the seller is not bound by any of the public declarations mentioned in the preceding paragraph if he can demonstrate:
- That he was not aware of them and could not legitimately have been aware of them;
- that, at the time the contract was concluded, the public statements had been corrected in conditions comparable to the initial statements; or
- That the public statements could not have influenced the decision to purchase.
III. - The consumer may not contest the conformity of the goods by invoking a defect relating to one or more particular characteristics of the goods of which he has been specifically informed that that they deviate from the criteria of conformity set out in this article, a deviation to which he expressly and separately agreed when the contract was concluded.
Article L217-12 of the French Consumer Code:
The seller may not proceed according to the choice made by the consumer if the requested compliance is impossible or involves disproportionate costs, particularly with regard to:
- The value that the goods would have had in the absence of the lack of conformity;
- the significance of the lack of conformity; and
- the possibility of opting for the other choice without major inconvenience to the consumer.
The seller may refuse to bring the goods into conformity if this is impossible or would entail disproportionate costs, particularly with regard to 1 and 2.
Where these conditions are not met, the consumer may, after formal notice, pursue compulsory performance in kind of the solution initially requested, in accordance with articles 1221 et seq. of the Civil Code.
Any refusal by the seller to proceed according to the consumer's choice or to bring the goods into conformity shall be justified in writing or on a durable medium.
Article L217-16 of the French Consumer Code:
In the cases provided for in article L. 217-14, the consumer shall inform the seller of his decision to cancel the contract. He shall return the goods to the seller at the latter's expense. The seller shall reimburse the consumer the price paid and return any other benefits received under the contract.
If the lack of conformity relates only to certain goods delivered under the contract of sale, the consumer has the right to rescind the contract in respect of all the goods, even those not covered by this chapter, if he cannot reasonably be expected to agree to keep only those goods which are in conformity.
For contracts mentioned in II of article L. 217-1, providing for the sale of goods and, on an ancillary basis, the supply of services not covered by this chapter, the consumer is entitled to have the entire contract rescinded. In addition, in the case of a bundled offer within the meaning of article L. 224-42-2, the consumer has the right to rescind all related contracts.
The respective obligations of the parties to the contract, referred to in article L. 224-25-22 and relating to the consequences of termination for digital content and digital services, are applicable to termination of the contract for the sale of goods containing digital elements.
Warranty against hidden defects :
Article 1641 of the French Civil Code: the seller is liable for any hidden defects in the item sold that render it unfit for its intended use, or that reduce this use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, had he or she been aware of them.
Article 1648 al 1er Code Civil: the action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.