Article L217-4 of the Consumer Code “The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.
Article L217-5 of the Consumer Code “To comply with the contract, the good must:
1° Be suitable for the use usually expected of similar goods and, where applicable:
- correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
- present 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 present 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 217-9 of the Consumer Code : “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 results in a cost that is manifestly disproportionate with regard to the other method, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer. Article L217-11 of the Consumer Code: “The application of the provisions of Articles L. 217-9 and L. 217-10 takes place at no cost to the buyer”. Article L217-12 of the Consumer Code: “The action resulting from the lack of conformity is prescribed two years from the delivery of the good”.
Article 1641 of the civil code
“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 reduce this use to such an extent that the buyer would not have acquired it, or would not would have given a lower price for them, if he had known about them.
Article 1643 Civil Code
He is liable for hidden defects, even if he is not aware of them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee.
Article 1644 Civil Code
In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price refunded, or keeping the thing and having part of the price refunded. Article 1648 paragraph 1 of the civil code
“The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.”
The seller, in the online sales process, is only bound by an obligation of means; it cannot be held liable for damage resulting from the use of the Internet network such as loss of data, intrusion, viruses, interruption of service, or other unintentional problems.
All elements of the Petit Pan site are and remain the intellectual and exclusive property of Petit Pan.
No one is authorized to reproduce, exploit, redistribute, or use for any reason whatsoever, even partially, elements of the site, whether software, visual or sound.
In accordance with the law relating to data processing, files and freedoms of January 6, 1978, personal information relating to buyers may be subject to automated processing.
Petit Pan reserves the right to collect information about buyers, including by using cookies, and, if it wishes, to transmit the information collected to commercial partners.
Buyers may object to the disclosure of their contact details by notifying Petit Pan. Likewise, users have the right to access and rectify data concerning them, in accordance with the law of January 6, 1978.
Petit Pan will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of article 1348 of the Civil Code.
Petit Pan's computerized records will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
Petit Pan will not be responsible for the total or partial non-performance of its obligations under this contract, if this non-performance is caused by an event constituting force majeure, in particular in the event of a disruption or total or partial strike, particularly of the services. postal and means of transport and/or communication, flood or fire.
Petit Pan will notify the customer of an event constituting force majeure, within 5 working days following its occurrence.
In the event of a dispute, jurisdiction is assigned to the competent courts of Paris, notwithstanding multiple defendants or warranty claims.