General terms and conditions

Publication date: January 20, 2025

 

1. Identity of the Seller and contact

This website https://www.hervechapelier.com (the « Website «) is published by the company LOVAT, a French “société par actions simplifiée” with a share capital of 305,000 euros, whose commercial name is Hervé Chapelier, registered with the Paris Company and Trade Register under no. 313 485 344 and having its registered office at 40, avenue Edouard Vaillant - 92100 Boulogne Billancourt - France (hereinafter the “Seller” or “Hervé Chapelier”).

Hervé Chapelier can be contacted using the following contact details:

• Phone : +33 1 46 08 22 35

• Email: online@hervechapelier.com

Hervé Chapelier is a brand of leather goods accessories, of which a selection of products designed and manufactured in France is offered for sale on its Site (the “Products”).

 

 

2. Purpose

The Website is an e-commerce platform which offers Products for sale to Internet users (the “Customers”).

These terms and conditions of sale (the “T&Cs") are designed to define the terms and conditions of online sales and delivery of the Products, as well as the rights and obligations of the Customers and the Seller in this context. They apply without restriction or reservation to all online sales made on the Website.

These T&Cs govern all access to, and use of, the Website (including browsing through the Website without registration and/or buying), whether or not the Customer registers and creates an account and whether or not he/she makes any purchases. 

The T&Cs can be accessed at any time on the Website. The applicable version of the T&Cs is the one available online on the Website on the date of the Customer’s order.

The Parties agree that their relationship and any transactions between them that may be performed through or in connection with the Site shall be governed exclusively by the T&Cs as then in effect, and they hereby expressly reject any other term or condition.

They may be supplemented, if necessary, by specific conditions of use for certain services offered on the Website, which supplement these T&Cs and, in the event of contradiction, take precedence over the latter.

These T&Cs, which include all additional terms, conditions, and policies incorporated by reference herein, are a legally binding contract entered into by and between the Customer and the Company.

 

 

3. Legal capacity and acceptance of general conditions

3.1. Legal capacity

The Website is accessible to any person with full legal capacity to commit to the T&Cs and acting in the context of a personal purchase. Any Customer who does not have full legal capacity can only access the Website with the consent of their legal representative.

The sale of Products is reserved exclusively for individual consumers and personal use (excluding all merchants). As such, Customers are prohibited from any resale of Products delivered by Hervé Chapelier on  commercial purposes.

Hervé Chapelier reserves the right to refuse any order that does not meet these criteria.

 

3.2. Acceptance of the T&Cs

The T&Cs are enforceable against the Customer who acknowledges having been aware of them and having accepted them before placing an order.

By placing an order to purchase any Products on the Website, the Customer agrees to, and accepts to, be bound and abide by these T&Cs, in their version in force on the day of the order. This acceptance can only be full and complete, any acceptance subject to reservation being considered null and void.

The Customer who does not agree to be bound by the T&Cs must not place an order on the Website.

 

 

4. Registration on the Website

The Customer may place an order for one or more Products:

• as a simple guest of the Website, without having previously registered on the Website; or

• by creating an account on the Website (the “Account") which allows Customers to manage their purchases in a form and according to the technical means that Hervé Chapelier deems most appropriate.

The Customer can create his/her Account at any time while browsing the Website or when placing an order on the Website, by completing the information marked as mandatory.

The Customer guarantees that all the information he/she provides in the registration form is accurate and complete. It is his/her responsibility to keep his/her information up to date. Hervé Chapelier shall not be held liable in case of any inability to contact the Customer or to deliver any products ordered as a result of incomplete, inaccurate, or outdated Account information. 

The Customer is informed and accepts that the information entered for the purposes of creating or updating his/her Account constitutes proof of his/her identity and is binding upon validation.

Once registered, the Customer may access his/her Account using his/her login and password.

The Customer undertakes to use the Account personally and not to allow any third party to use it in his/her place or on his/her behalf, unless he/she bears full responsibility in that matter.

The Customer is also responsible for maintaining the confidentiality of his/her login and password, any access to the Website using the latter being deemed to be made by the Customer. The Customer shall immediately contact Hervé Chapelier using the contact details mentioned in article “Identity of the Seller and contact” of the T&Cs if he/she notices that his/her Account has been used without his/her knowledge. The Customer recognizes Hervé Chapelier's right to take all appropriate measures in such a case.

 

 

5. Characteristics of the Product

5.1. Description of the Product

Before any online order, and in application of the provisions of article L. 111-1 of the French Consumer Code, the Customer can take note of the characteristics of each Product he/she wishes to order on the Website.

The Products offered for sale by Hervé Chapelier are those available on the Website. Hervé Chapelier reserves the right to change the Products offered on the Website at any time and without notice.

Hervé Chapelier may provide photographs, graphic representations and/or descriptions of the Product on the Website. It makes its best efforts to provide faithful photographs, graphic representations and/or descriptions of the Products. However, the Customer is informed that variations, in particular in color, volume and appearance (screen-reality differential) of the materials may occur, in particular due to technical constraints of online publishings.

Therefore, the Customer acknowledges that the photographs, graphic representations and/or descriptions, as well as all the information and characteristics illustrating and/or accompanying the Products are not contractual.

Consequently, Hervé Chapelier cannot be held responsible in the event of errors, inaccuracies or non-substantial omissions in the photographs, graphic representations and descriptions of the Products available on the Website.

 

5.2. Availability of Products

The Products are offered for sale online within the limits of available stocks. The unavailability of the Product may be notified to the Customer on the Product page directly or when entering the order.

In some cases, unavailability of the Product is noticed after validation of the order and payment of the price. In such cases, Hervé Chapelier will inform the Customer by email or telephone and will reimburse the amounts paid with undue delay.

The Customers may register on a waiting list to be informed when a Product is back in stock, in the color they select. To do so, the Customer shall enter his/her email address in the form available on the Website and agree to receive an automatic email confirming that the concerned Product is back in stock.

 

 

6. Order

6.1. Order placement

To place an order, the Customers must select the Product(s) of their choice and place them in their shopping cart.

He/she can access the summary of his/her shopping cart at any time as long as the order is not definitively confirmed and can correct any errors in the elements he/she has provided.

For orders to the United Kingdom, the Customer is informed that the minimum order amount is 150 euros, due to logistics and administration costs.

 

6.2. Order confirmation

Once the order is confirmed, the Customer receives an order confirmation email which (i) summarizes the elements of the order and the expected time for delivery and (ii) includes the invoice relating to the order. The Customer shall keep the information provided in the order confirmation.

The Customer must ensure that the contact details provided while processing the order are correct, and that they allow them to receive the order confirmation email. In case no email confirmation is received, the Customer must contact Hervé Chapelier using the contact details mentioned in article “Identity of the Seller and contact" with undue delay.

Hervé Chapelier reserves the right to refuse any order or limit the quantity of Products that can be purchased by a Customer, in accordance with the provisions applicable and in particular those of article L.121-11 of the French Consumer Code, whether of a dispute in progress for a previous order or in the event of suspicion of Prohibited Behavior (as defined in article “Prohibited Behaviors" hereof). In so, the Customer shall contact Hervé Chapelier at the contact details mentioned in article “Identity of the Seller and contact”.

 

 

7. Price and payment terms

7.1. Price

The sales prices of the Products are displayed on the Website in euros, all taxes included (value added taxes or other applicable local taxes and custom duties).

The price being expressed inclusive of all applicable taxes (VAT), no additional cost shall be borne by the Customer, particularly at the time of delivery. Consequently, no tax refund is possible.

The prices do not include delivery costs applicable to the delivery of the Products, invoiced in addition to the price of the Products. The amount of the applicable delivery costs will be indicated before validation of the order by the Customer.

The applicable price is the one displayed on the Website at the time the Customer's order is registered.

 

7.2. Payment terms

The full price of the Products is payable upon ordering.

Payment can be made online by credit card through the secure online payment service available on the Website (or by any other means that will be offered on the Website at the time of the order).

The Customer guarantees Hervé Chapelier that he/she has the necessary authorizations to proceed to the sale with his/her means of payment.

Hervé Chapelier reserves the right to suspend or cancel any order and/or delivery in the event of non-payment of any sum due by the Customer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Website.

 

7.3. Retention of ownership

Hervé Chapelier retains full ownership of the Products sold until full receipt of the price, delivery costs included.

 

 

8. Delivery

8.1. Delivery territory

The delivery territories available are indicated on the Website at the time of the order.

 

8.2. Delivery methods

The Customer is informed before validation of his/her order of the different delivery mean(s), as well as the deadlines and costs corresponding to each of these means.

The Customer must provide all the information necessary for the effective delivery of the Products according to this means.

 

8.3. Receipt of delivery

Upon receipt of the Product, it is up to the Customer to check the condition of the Product delivered in the presence of the carrier in order to, if necessary, express reservations on the delivery note or on the transport receipt, or refuse the Product. In such cases, the Customer shall notify Hervé Chapelier as soon as possible.

The risks of loss or damage to the Product are transferred to the Customer when he/she, or a third party he/she has designated, takes physical possession of the Product, without distinction according to its nature.

 

8.4. Delivery times

Hervé Chapelier cannot be held responsible for a delay in delivery by the carrier.

Delivery is made within the time indicated in the order confirmation email and within a maximum of thirty (30) days. However, deadlines indicated on the Website are indicative, and Hervé Chapelier cannot be held responsible for a delay in delivery by the carrier.

In the absence of delivery within the time-period mentioned on the order confirmation, the Customer may cancel the order, by registered letter with acknowledgment of receipt (or by any other means specified on the website), if, after having instructed Hervé Chapelier to make delivery within a reasonable additional period, it has not been carried out within this period.

The contract is considered terminated upon receipt by Hervé Chapelier of the registered letter or writing informing it of this resolution, unless it has been executed in the meantime.

In the event of termination of the contract according to the terms above, the Customer will be reimbursed for the full amount paid, including delivery costs.

 

 

9. Right of revocation

In accordance with Article L. 221-18 of the French Consumer Code, the Customer has a period of 14 days from the receipt of the Products ordered to exercise his/her right of revocation, without having to provide reasons or pay any penalties, except for return costs which remain his/her responsibility and which he/she must pay. When a single order concerns several Products delivered separately, the above period starts from receipt of the last Product.

 

• Exercise of the right of revocation

The Customer who intends to exercise his/her right of revocation must contact Hervé Chapelier using the contact details mentioned in article “Identity of the Seller and contact » hereof, before expiration of the 14-days period, by filling in and sending the standard revocation form set forth in Annex 1 to the T&Cs (or any other declaration clearly expressing its desire to revocate which includes the order number).

 

• Product return condition

The Product must be returned to Hervé Chapelier at the address provided by Hervé Chapelier, in the same condition it has been provided, in its original packaging, with its label and all its accessories, without undue delay and at the latest within 14 calendar days following the Customer’s statement of his/her desire to withdraw.

The Customer shall provide a copy of the corresponding purchase invoice and the revocation form set forth in Annex 1, duly completed. Failing this, the Customer must send all elements enabling verification of the order by Hervé Chapelier.

The Customer is responsible for organizing the return of the Product and selecting the reputable carrier of his/her choice, at his/her expense and risk, via a tracked package. The risks relating to the transport of the Product shall only be transferred to Hervé Chapelier when the Product is handed over to Hervé Chapelier by the carrier. The Customer shall be responsible for all risks, costs and expenses associated with such returns.

Products purchased online via the Website may exclusively be returned by post to the address indicated by Hervé Chapelier. Hervé Chapelier does not accept store returns.

 

• Refund

Hervé Chapelier refunds Customers as soon as possible and at the latest, within 14 days from the date of effective receipt by Hervé Chapelier of the revocation request. However, Hervé Chapelier reserves the right to defer the refund to the moment the Product(s) is/are actually returned or when providing proof of shipment.

Hervé Chapelier refunds all sums paid by the Customer for the Product(s), excepted:

• return shipping costs, which are borne by the Customer; and

• delivery costs, which are not refundable if the Customer is located outside the European Union. If a specific legislation applies to the Customer (depending on the country of delivery), the Customer shall contact Hervé Chapelier in that matter.

All refunds are made using the same means of payment as the one used to pay for the Product(s). If such means of payment has expired, the Customer shall contact customer service to change it. In such a case, Hervé Chapelier shall not be liable for any delay in the refund. 

 

 

10. Legal guarantees

All Products for sale on the Website are covered by (i) the legal guarantee of conformity provided for in articles L. 217-1 et seq. of the French Consumer Code and (ii) the guarantee against hidden defects provided for in articles 1641 et seq. of the French Civil Code. These guarantees allow the Customer to return defective or non-compliant Products free of charge during two years.

The Customer acknowledges that the Products sold on the Website, by their nature, are fragile and require special care and attention for their conservation. He/she acknowledges having read the advice for use and care which may be mentioned, where applicable, on the Website and uses the Product with due care and attention.

The Customer is thus duly informed and accepts that no return will be accepted due to the very nature of the Products or normal wear and tear of the Product.

The Customer is invited to read the legal provisions on the subject, resulting from the French Consumer Code, reproduced in Annex 2.

 

• Legal guarantee of conformity

The Seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery.

To comply with the contract, the Product must be suitable for the use usually expected of a similar product and, where applicable, present the qualities that a Customer can legitimately expect in view of the public declarations made by the Seller, or by its representative, particularly in advertising or labeling.

If the Product does not conform to the order, the Customer must send a claim to Hervé Chapelier at the contact details mentioned in article “Identity of the Seller and contact”.

When acting under the legal guarantee of conformity, the Customer can choose between repair or replacement of the good, subject to the cost conditions provided for by article L.217-12 of the French Consumer Code.

By using this right in the 24 months following the delivery of the Product, the Customer is exempt from providing any proof of the lack of conformity of the Product.

In the event of unavailability of the Product upon delivery, the Seller may offer a Product of same quality and price.

The action resulting from the legal guarantee of conformity is prescribed two years from the delivery of the Product.

 

• Terms relating to hidden defects

The Seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the Customer would not have acquired it, or would not have given only a lower price, if he/she had known about them.

The Customer may decide to implement the guarantee against hidden defects in the item sold within the meaning of article 1641 of the French Civil Code. In this case, he/she can choose between canceling the sale or reducing the sale price in accordance with article 1644 of the French Civil Code.

The Seller is not liable for any defect that is not objectively verifiable and that the Customer may have convinced himself to exist.

Any claim arising out of a hidden defect must be brought within two years after the Customer discovers or should reasonably have discovered such defect.

 

• Implementation of legal guarantee of conformity and hidden defects

If the Customer notices that the Product delivered to him/her has a defect, a lack of conformity or is damaged within the time limits specified above, he/she must inform Hervé Chapelier using the contact details mentioned in article “Identity of the Seller and contact” hereof, and specify the nature of the defect, non-compliance or damage identified and send any useful supporting evidence, in particular in the form of photos.

It is specified that breakage or damage resulting from a fall other than by the carrier, from a fortuitous event or force majeure, from poor handling or non-compliance with the common standards of using and storing Products by the Customer is not covered by these guarantees.

Hervé Chapelier will organize the return of the Products with the carrier of its choice, and inform the Customer of which by any useful means. Hervé Chapelier will bear the costs of this return.

Hervé Chapelier will carry out the necessary checks and offer the Customer the replacement of the Product whenever possible. If replacement of the Product is impossible, Hervé Chapelier will reimburse the Customer the entire price paid for the Product as well as the corresponding delivery costs, by any useful means, without undue delay.

 

 

11. Customer Obligations

11.1. Obligations relating to the Products

Customers are solely responsible for their use of the Products. It is their responsibility to verify the suitability of the Products to their specific needs prior to purchasing said Products.

Furthermore, Hervé Chapelier may provide conditions of use, storage and care of the Products on the Website, which the Customer acknowledges having read before proceeding to the sale.

 

11.2. Obligations relating to the Account

Customers shall take all necessary measures to save, by their own means, the information in their Account that they deem necessary. Hervé Chapelier does not provide  copies of this information.

Customers shall take all appropriate measures to protect their own data and/or software stored on their computer equipment against any attack.

 

 

12. Responsibility of Hervé Chapelier

• Hervé Chapelier undertakes to carry out regular checks to verify the operation and accessibility of the Website. As such, Hervé Chapelier reserves the right to temporarily interrupt access to the Website for maintenance reasons. Likewise, Hervé Chapelier cannot be held responsible for temporary difficulties or impossibilities of access to the Website which originate from circumstances external to it, force majeure, or which are due to disruptions in telecommunications networks.

• Hervé Chapelier does not provide the Customer with any guarantee as to the adaptation of the Products to his/her needs, expectations or constraints.

• Hervé Chapelier cannot be held responsible for non-performance or delay in the execution of sales contracts due to circumstances external to it, or a case of force majeure, as defined in article 1218 of the French Civil Code.

• Hervé Chapelier undertakes to fulfil orders received within the limits of available stocks. In the absence of availability of one or more Product(s), Hervé Chapelier undertakes to inform the Customer with undue delay. Hervé Chapelier cannot be held responsible in the event of stock shortages or unavailability of Products.

• In any event, the liability likely to be incurred by Hervé Chapelier hereunder is expressly limited to proven direct damage suffered by Customers.

• Hervé Chapelier disclaims any liability or damages of any kind except as expressly provided in these Terms and Conditions.

 

 

13. Intellectual property

13.1. Regarding the Website

All systems, software, structures, infrastructures, databases and content of any nature (texts, images, visuals, music, logos, brands, database, etc.), operated by the Seller within the Website are protected by all intellectual property rights or rights of database producers in force. Any disassembly, decompilation, decryption, extraction, reuse, copying and more generally, any acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of the Seller are strictly prohibited and may be subject to legal proceedings.

Furthermore, the creation of hypertext links to one of the pages of the Website (and in particular, deep-linking) without prior authorization from the Seller is prohibited.

 

13.2. Regarding the brand

The Seller has a license to use the “HERVÉ CHAPELIER” trademark registered with the INPI (the French National Institute of Intellectual Property). Consequently, any reproduction of this trademark by the Customer, without prior consent of the Seller, constitutes an act of counterfeiting subject to criminal and civil prosecution.

The Customer therefore undertakes not to infringe on the “HERVÉ CHAPELIER” trademark, to use or reproduce it, for any reason whatsoever, and on any medium whatsoever, without the prior written consent of the Seller.

 

 

14. Personal data

The characteristics of personal data protection policy are explained in the document entitled "Privacy Policy" available on the Website, which the Customer is expressly invited to read.

 

 

15. Commercial offers and newsletters

Hervé Chapelier may send Customers any commercial offers and newsletters by mail, email, SMS, telephone, subject to prior acceptance by them.

Furthermore, Hervé Chapelier reserves the right to insert on any page of the Website and in any communication to Customers, any advertising or promotional messages in a form and under conditions of which Hervé Chapelier will be the sole judge.

 

 

16. Prohibited Behaviors

16.1. Are strictly prohibited (the “Prohibited Behaviors”) :

- (i) any behavior likely to interrupt, suspend, slow down or prevent the proper functioning of the Website, (ii) any intrusions or attempted intrusions into Hervé Chapelier's systems, (iii) any misappropriation of the Website's system resources, ( iv) any actions likely to impose a disproportionate load on the Website’s infrastructure, (v) all attacks on security and authentication measures, (vi) all acts likely to harm the rights and financial, commercial or morals of Hervé Chapelier or users of its Website, (vii) any practice diverting the Website for purposes other than those for which it was designed and finally more generally (viii) any breach of the T&Cs or the laws and regulations in force.

- the act of monetizing, selling or granting all or part of access to the Website, as well as to the information it contains.

- any commercial exploitation of the Products by Customers, and in particular any resale or distribution for consideration.

 

16.2. In the event of Prohibited Behavior or, more generally, violations of laws and regulations, Hervé Chapelier reserves the right to take all appropriate measures and initiate any legal action. In addition, in the event of suspicion of fraudulent activity by the Client, Hervé Chapelier reserves the right not to accept an order from a Customer.

 

16.3. The Products are protected by Hervé Chapelier’s trademark, trade dress, copyright, design and other intellectual property rights (the “Intellectual Property”). The Customer acknowledges and recognizes the validity of all Intellectual Property, including in particular Hervé Chapelier’s trade dress rights in the design and configuration of the Products, and the Customer will take no action to challenge such rights.  The Customer may not use the “Hervé Chapelier” name  in any manner.

 

 

17. Unsubscribing

The Customer may delete its Account at any time, by sending a request to this effect to Hervé Chapelier:

• directly and free of charge via the functionality provided for this purpose in their Account; or

• by sending a request to the Company using the contact details mentioned in article “Identity of the Seller and contact”.

Unsubscribing is effective within a maximum period of 7 days from this request.

Hervé Chapelier may delete any Account that has remained inactive for a continuous period of more than 24 months.

 

 

18. Modifications

Hervé Chapelier reserves the right to modify these T&Cs at any time. In this case, the applicable conditions will be those in force on the date of the Customer's order.

 

 

19. Language

In the event of a translation of the T&Cs into one or more languages, the French shall be the language of interpretation in the event of contradiction or dispute over the meaning of a term or provision.

 

 

20. Affiliation with eco-organizations

In accordance with the provisions of articles L. 541-10 to L. 541-10-17 of the French Environmental Code, Hervé Chapelier informs the Client that it has joined the eco-organizations necessary for its sector, taking into account the specifications of the products and packaging.

For this purpose, Hervé Chapelier has a unique identification number (IDU) which certifies that it is registered in the register of the following eco-organizations and that its eco-contributions are up to date:

• IDU for the “household packaging” sector with the eco-organization CITEO under number (IDU) FR363473_01UOIE. This IDU is valid for one year and is renewed each year. The Customer can consult the missions and objectives of CITEO directly via the following internet link: https ://citeo.com/.

 

 

21. Mediation

In the event of a dispute arising from an order or sale, the Customer may submit a written complaint to Hervé Chapelier at online@hervechapelier.com.

If the complaint has not been resolved amicably with the customer service and for a period of one year, the Customer may refer free of charge to a consumer mediator for the amicable settlement of any dispute with Hervé Chapelier concerning the execution of the present contract, under the conditions provided for in articles L. 611-1 and following and R. 612-1 et seq. of the French Consumer Code.

In accordance with theses articles referring to the amicable settlement of disputes, Hervé Chapelier adheres to the FEVAD Mediation Service (Fédération du e-commerce et de la vente à distance) whose contact details are as follows:

Médiateur de la consommation FEVAD

Postal address: BP 20015, 75362 PARIS CEDEX 8

email: mediateurduecommerce@fevad.com

https://www.mediateurfevad.fr.

After consumers have made prior written contacts with Hervé Chapelier, the Mediation Service may be contacted for any consumer dispute that has not been settled. To find out how to contact the Mediator, click here.

The Customer may also contact the dispute resolution platform set up by the European Commission at the following address: http://ec.europa.eu/consumers/odr/, particularly in the event of a cross-border dispute. 

Furthermore, the Customer always has the right to bring legal action to resolve a dispute. Any dispute shall be submitted exclusively to the competent courts within the jurisdiction of the Paris Court of Appeal, or, if the Customer is a consumer, to any legally competent court.

 

 

22. Applicable law

The T&Cs are governed by French law.

 

 

 

 

Annex 1 – Revocation form to complete and return (CLICK HERE)

 

Annex 2 – Reminder of the provisions of the French Consumer Code:

Criteria of the legal guarantee of conformity: According to Article L. 217–3 of the French Consumer Code: “The seller shall deliver goods that comply with the contract and with the criteria set out in Article L. 217–5 (of the French Consumer Code). He shall be liable for any lack of conformity existing at the time of delivery of the goods within the meaning of article L. 216–1 (of the French Consumer Code), which becomes apparent within two years of delivery […]. This guarantee period shall apply without prejudice of Articles 2224 et seq. of the French Civil Code. The starting point for the limitation period for the consumer’s action shall be the day on which the consumer becomes aware of the lack of conformity.” According to Article L. 217–4 of the French Consumer Code: “The good shall conform to the contract if it meets the following criteria, where applicable: 1° It corresponds to the description, type, quantity and quality, particularly as regards functionality, compatibility, interoperability, or any other characteristics provided for in the contract 2° It is suitable for any special use sought by the consumer, brought to the seller’s attention at the latest at the time of entry into the contract and which the latter has accepted 3° It is delivered with all the accessories and installation instructions, to be provided, in accordance with the Contract 4° It is updated in accordance with the contract.” According to Article L. 217–5 of the French Consumer Code: “In addition to the criteria of conformity with the Contract, the good shall be conform if it meets the following criteria: 1° It is fit for the normally expected use 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 industry concerned ; 2° Where applicable, it possesses the characteristics that the seller has presented to the consumer in the form of a sample or model, prior to the entry into the contract; 3° Where applicable, the digital elements it contains are supplied in the most recent version available at the time the contract is entered into, unless the parties agree otherwise; 4° Where applicable, it is supplied with all the accessories, including packaging, and installation instructions that the consumer may legitimately expect; 5° Where applicable, it is supplied with the updates that the consumer may legitimately expect, in accordance with the provisions of Article L. 217–19 (of the French Consumer Code); 6° 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 good as well as 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 shall not be bound by any of the public representations mentioned in the previous paragraph if he can demonstrate: 1° That he was not aware of them and could not legitimately have been aware of them; 2° That at the time the contract was entered into, the public representations had been corrected under conditions comparable to the initial representations; or 3° That the public representations cannot 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 which he was specifically informed deviated from the conformity criteria set out in this article, a deviation to which he expressly and separately agreed when the contract was entered into.”   Time limit for the Customer to act on this basis: If the Customer notes a lack of conformity of the product, within the meaning of Articles L. 217–4 and L. 217–5 of the French Consumer Code, he/she may exercise the legal guarantee of conformity within a period of two years from delivery of the Product, and is exempt from proving the existence of the lack of conformity during this period. In the event of replacement of the Product, the legal guarantee of conformity restarts from the date of delivery of the Product. Consequences of implementing the legal guarantee of conformity: when the legal guarantee of conformity is implemented, in accordance with Articles L. 217–9 and L. 217–10 of the French Consumer Code, the seller undertakes: -        either to repair the product or to replace it with an identical Product depending on available stocks, at the Customer’s option, unless this choice involves a manifestly disproportionate cost for the seller with regard to the other method, taking into account the value of the Product or the extent of the defect, within thirty days of the Consumer’s request; or -        to refund the price of the Product if the repair or replacement of a Product results impossible, or if the repair or replacement, as the case may be, presents a major inconvenience for the Customer, or if the replacement or repair, as the case may be, cannot be carried out within one month of the Customer’s request.   In addition: -        The consumer may obtain a reduction in the purchase price by keeping the goods or terminate the contract by obtaining a full refund in exchange for the return of the goods, if: 1° The seller refuses to repair or replace the goods; 2° The goods are repaired or replaced after a period of thirty days; 3° The repair or replacement of the goods causes a major inconvenience to the consumer, in particular where the consumer irrevocably bears the cost of taking back or removing the non-conforming goods, or if he bears the cost of installing the repaired or replacement goods; 4° The non-conformity of the goods persists despite the seller’s unsuccessful attempt to bring them into conformity.   -        The consumer is also entitled to a reduction in the price of the goods or to rescission of the contract where the lack of conformity is so severe as to justify immediate reduction in the price or rescission of the contract. In this case, the consumer is not obliged to first request the repair or replacement of the goods.   -        The consumer does not have the right to rescind the sale if the lack of conformity is minor.   -        Any period of immobilisation of the goods with a view to their repair or replacement suspends the guarantee that was still running until delivery of the repaired goods.   -        The rights referred to above result from the enforcement of articles L. 217–1 to L. 217–32 of the French Consumer Code.   Penalties: “A seller who obstructs the enforcement of the legal guarantee of conformity in bad faith shall be liable to a civil fine of up to €300,000, which may be increased to 10% of its average annual sales (article L. 241–5 of the French Consumer Code).”   Guarantee against hidden defects: according to Article 1641 of the French Civil Code: “The seller shall be liable for a guarantee in respect of any hidden defects in an item sold which render it unfit for the purpose for which it was intended, or which impair that purpose to such an extent that the purchaser would not have purchased it, or would only have paid a lower price for it, had he been aware of them.”