The customer must ensure that the items which have been delivered to him correspond to his order. Should the delivered items not comply with his order, the customer shall inform Chaumet Distance Selling Service by telephone or by an electronic means and return the items in question according to the conditions set out in Article 8 of these General Conditions of Sale.
Notwithstanding the specific warranty conditions remitted to the customer with the delivered item, Chaumet items are subject to the warranty conditions laid down by the law.
Reminder of Articles L. 211-4, L. 211-5 and L. 211-12 of the Consumer Code, and of Articles 1641 and 1648, first paragraph, of the Civil Code:
“Article L. 211-4 of the Consumer Code: The seller shall deliver a good in accordance with the contract and shall be responsible for compliance defects existing at the time of delivery. He is also responsible for compliance defects resulting from packaging, assembly instructions or the installation where the contract states he is responsible for this or where it has been performed under his responsibility.”
“Article L. 211-5 of the Consumer Code:
To comply with the contract, the good must:
1° Be suitable for use usually expected of a similar good and, if applicable:
• match the description given by the seller and possess the qualities that the latter has presented to the buyer in the form of a sample or model;
• present the qualities that a buyer may legitimately expect considering the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling;
2° Or have characteristics defined by mutual agreement of the parties or be suited to any special use sought by the buyer, brought to the knowledge of the seller, and that the latter has accepted.”
“Article L.211-12: Action resulting from the compliance defect is prescribed two years after delivery of the good.”
“Article 1641 of the Civil Code: The seller must guarantee latent defects in the thing sold which render it unfit for the use for which it was intended, or so diminish this use, that the buyer would not have acquired it or would have given a lower price, if they had known about them.”
“Article 1648 of the Civil Code, first paragraph: Action resulting from hidden defects must be brought by the buyer within a period of two years from the discovery of the defect.”
The repair of the consequences of the hidden defect, when it has been proven, includes according to case law:
– either the completely free repair of the item, including the labour costs,
– or its replacement or the total or partial repayment of its price where the item is totally unusable,
-and compensation of any harm caused to persons and property by the defect in the item.