Terms and Conditions of Sale
Last updated on 27/03/2025
Article 1. Identity
This website: https://lespetitsprodiges.com/ (or any other address that may replace or redirect to this site, hereinafter the "Site") is published by the company CAMILLE & CLEMENTINE SAS, a simplified joint-stock company, registered with the Paris Trade and Companies Register under number 832 784 706, with its registered office at 91 rue du Faubourg Saint Honoré 75008 Paris. The brand operated by the company is "Les Petits Prödiges". In accordance with its legal obligations concerning Extended Producer Responsibility (EPR), Les Petits Prödiges adheres to the eco-organization CITEO under the following Unique Identification number: FR259958_01KBVW (hereinafter "Les Petits Prödiges").
Article 2. Purpose
These General Terms and Conditions of Sale apply exclusively to the online sale of cosmetic products and accessories (including toiletry bags, reusable cotton pads, soap dishes, etc.), (hereinafter collectively the "Cosmetic Products"), designed and marketed by Les Petits Prödiges, and e-gift cards marketed by Les Petits Prödiges on the Site (hereinafter "e-Gift Card(s)"). The Cosmetic Products, Accessories, and e-Gift Cards are hereinafter collectively referred to individually or collectively as the "Product(s)".
These General Terms and Conditions of Sale are supplemented by the General Terms and Conditions of Use, as well as the Privacy Policy, the Returns Policy, and the Cookie Management Policy, as defined below.
Article 3. Definitions
"General Terms and Conditions of Sale", "e-Gift Cards", and "Product(s)" are defined in Article 2 above. "Site" and "Les Petits Prödiges" are defined in Article 1 above. "Customer" refers to any natural person acting as a "consumer" within the meaning of the Consumer Code. "Order" refers to any Product order placed online by a Customer via the Site and which is firm and definitive once the corresponding Price has been paid. "Personal Data" refers to any information relating to an identified or identifiable natural person, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to their physical, physiological, genetic, mental, economic, cultural or social identity. "Price" refers to the selling price of the Products. "GDPR" refers to the General Data Protection Regulation (EU) No. 2016/679. "Party(ies)" refers individually or collectively to Les Petits Prödiges and/or the Customer. "General Terms and Conditions of Use" refers to the general terms and conditions of use of the Site. "Privacy Policy" refers to the privacy policy of Les Petits Prödiges. "Cookie Management Policy" refers to the cookie management policy of Les Petits Prödiges. "Returns Policy" refers to the returns and refund policy for Products of Les Petits Prödiges applicable to the Customer, particularly in the context of exercising their right of withdrawal. "Personal Space" is defined in the General Terms and Conditions of Use. "User" refers to any user of the Site.
Article 4. Scope - contractual documents
These General Terms and Conditions of Sale exclusively govern the contractual conditions applicable to any Order placed by a Customer, which, together with the Order, constitute the electronic contract concluded between the Parties and enforceable against them. In the event of a contradiction between the stipulations of the Order and those of the General Terms and Conditions of Sale, the latter shall prevail. The General Terms and Conditions of Sale are exclusively applicable to Products delivered to Customers established in France and/or in the European Union. The General Terms and Conditions of Sale are drafted, as are all contractual information mentioned on the Site, in French. The general terms and conditions of Les Petits Prödiges' subcontractors also apply, and are accepted by the Customer simply by accepting these:
- PayPal: https://www.paypal.com/fr/webapps/mpp/ua/useragreement-full?locale.x=fr_FR
- Shopify Payments: https://www.shopify.com/legal/terms-payments/fr
- Payplug: https://www.payplug.com/terms-of-use/
- Apple Pay: https://www.apple.com/legal/internet-services/itunes/dev/stdeula/
Article 5. Pre-contractual information
The Customer acknowledges having received, prior to placing their Order and concluding the electronic sales contract, in a clear and understandable manner, these General Terms and Conditions of Sale, and all the information listed in Articles L. 111-1 et seq. of the Consumer Code and Articles L. 221-5 of the Consumer Code.
Article 6. Conditions for placing an order
Product Orders are reserved for (i) adults with legal capacity, and (ii) minors with authorization from their legal representative allowing them to place an Order and with legal capacity. Les Petits Prödiges reserves the right to request proof of identity from any Customer to confirm their age. The Customer is prohibited from purchasing Products for resale and from purchasing Products for use in connection with their professional activity.
Article 7. Products
7.1 Products
The terms of sale for the Products offered on the Site are those appearing on the Site on the day the Customer consults the Site. The Products are intended for personal use. The essential characteristics of the Products are described in the online catalog of the Site. They were presented to the Customer prior to the Order, as part of the pre-contractual information communicated to them via the Site. The Products are described with the greatest possible accuracy. However, if errors or omissions have occurred regarding this presentation, Les Petits Prödiges cannot be held responsible. Product photographs are not contractual. The Products comply with current French legislation. Les Petits Prödiges cannot be held responsible in the event of non-compliance with the legislation of the country in which the Product is delivered (for example: in case of a Product ban). It is the Customer's responsibility to check with the authorities of the country of delivery the regulations applicable to the Products (import rules and conditions of use of the Products in particular) they wish to order.
7.2 Product unavailability
Product offers are subject to available stock. The Customer must refer to the descriptive sheet of each Product to know its essential properties and specificities. In case of unavailability of Products, Les Petits Prödiges undertakes to inform the Customer, when placing the Order, via a message informing the Customer of the unavailability of the Product(s).
7.3 E-Gift Cards
The e-Gift Card is a digital voucher allowing the Customer to pay for purchases on the Site. It cannot be used to pay for other e-Gift Cards and cannot give rise to any monetary consideration whatsoever. It is sold for a variable amount between €25 and €100, amounts being expressed inclusive of all taxes (VAT). It is valid for a period of one (1) year from its activation date. The e-Gift Card can be used on the Site, in one or more installments up to its credit balance at the time of the Order. It cannot be used to purchase another e-Gift Card. It cannot be combined with a promotional code. The credit amount of the e-Gift Card may eventually be supplemented by another payment method accepted by Les Petits Prödiges. The Customer undertakes to inform any recipient of the e-Gift Card of its expiry date and terms of use. e-Gift Cards are neither exchangeable nor refundable, particularly in case of loss and/or theft, and cannot be subject to opposition. Les Petits Prödiges disclaims all responsibility for the email address provided for sending the e-Gift Card.
Article 8. Price
The Prices of the Cosmetic Products are indicated in euros (€), inclusive of all taxes on the day of the Order. They may be accompanied by any applicable discounts on the day of the Order. The Prices of the Cosmetic Products do not include the delivery costs of the Cosmetic Products, which are indicated before the validation of the Order according to the chosen delivery method and charged additionally, nor any customs duties and other taxes at the Customer's expense. If applicable, these costs must be paid directly by the Customer to the carrier. The total amount due by the Customer is indicated on the Order confirmation page. Any discounts granted in the form of promotional codes are valid only for one Order per household and cannot be combined with other discounts. E-Gift Cards are monetary products not subject to value-added tax (VAT).
Article 9. Order stages
9.1 Order Procedures
Any User wishing to order Products via their Personal Space on the Site must first activate it, under the conditions set out in the General Terms and Conditions of Use accessible here: general terms of use
Placing an Order on the Site is subject to compliance with the procedure established by Les Petits Prödiges and the successive steps that lead to the validation of the Order.
The Customer has the possibility to access the online catalog of Products for sale on the day of consulting the Site, to choose the Products they wish to purchase, and to add one or more Product(s) to their virtual shopping cart. The Customer's virtual shopping cart summarizes the Products chosen by the Customer as well as the Prices and associated costs. The Customer remains free to modify their virtual shopping cart until the Order is validated.
In accordance with the provisions of Article 6 of these GTCS, the Customer may not purchase the Products for resale and/or professional use.
In case of non-compliance with these conditions, Les Petits Prödiges will be entitled to cancel the Order.
The Customer undertakes to accurately and truthfully complete any contact form containing Personal Data during the Order process.
9.2 Proof
The computerized records, kept in Les Petits Prödiges' computer systems under reasonable security conditions, will be considered as proof of communications, Orders and payments between the Parties. The archiving of Orders and invoices is carried out on a reliable and durable medium that can be produced as evidence.
9.3 Payment
The Price paid by the Customer to Les Petits Prödiges is the amount indicated on the Order confirmation sent by email by Les Petits Prödiges to the Customer. The Customer has the choice, when validating their Order, between the following different payment methods:
- By credit card (Bank Cards, Visa, Mastercard) via the payment system made available by Payplug, whose general conditions are applicable to the use of said system: https://www.payplug.com/terms-of-use/
- by PayPal via the payment system made available by PayPal S.à.r.l: https://www.paypal.com/fr/webapps/mpp/ua/useragreement-full?locale.x=en_FR;
- by Apple Pay via the payment system made available by Apple: https://www.apple.com/legal/internet-services/itunes/dev/stdeula/
- by Gift Card
In the event of payment by PayPal and e-Gift Card, the amount of the Order is debited at the time of the Order. In the event of payment of the Order by credit card, the card is debited only when Les Petits Prödiges dispatches the Customer's package. For credit card payments, Les Petits Prödiges does not have access to any Personal Data relating to the Customer's payment methods. Payment is made directly to the banking institution.
The order is validated by Les Petits Prödiges upon acceptance of the General Terms and Conditions of Sale by the Customer at the time of payment, subject to confirmation of the validity of the payment and the sending of the order confirmation email. Les Petits Prödiges reserves the right to refuse any order or shipment in the event of refusal of payment authorization by credit card from banking establishments.
9.4 Order Confirmation
Once the Order is confirmed and its payment made by the Customer, Les Petits Prödiges undertakes to acknowledge receipt by sending the Customer an email, without undue delay. Les Petits Prödiges undertakes to send the Customer within this email a summary of the Order and to confirm its processing, which notably includes the following information:
- Identity of Les Petits Prödiges and its contact details;
- Summary of the Order and essential characteristics of the Products;
- The General Terms and Conditions of Sale as accepted by the Customer;
- The Product Returns Policy;
- The delivery time(s) and costs;
- The total amount of the Order, including all taxes;
- Payment confirmation;
- The Order reference.
ARTICLE 10. Delivery and receipt
10.1 Delivery methods
10.1.1 Delivery of Cosmetic Products
The Order for Cosmetic Products is prepared and then shipped to the postal address provided by the Customer when placing the Order. As such, it is essential that the Customer takes particular care to provide all their delivery and billing details if different. In the event of an error (or missing information) in the recipient's details (in particular name, surname, number, street name, postcode, city name, telephone number, email...), Les Petits Prödiges cannot be held responsible for the impossibility of delivery or the loss of the parcel. Delivery is made by postal services or by a carrier mandated by Les Petits Prödiges. Les Petits Prödiges offers the Customer different delivery methods. The amount of delivery charges for Cosmetic Products depends on the delivery method chosen by the Customer. The delivery charges for Cosmetic Products are reminded to the Customer at the "Delivery" stage of the online Order process before validation of the latter.
10.1.2 Delivery of e-Gift Cards
E-Gift Cards are delivered to the email address provided by the Customer when placing the Order. Order confirmation will be sent to this email address. In the case of an e-Gift Card Order, the Customer will receive a second email containing the e-Gift Card, which the Customer can print and offer to the person of their choice. In the event of non-receipt of the Order confirmation email and/or the second email containing the e-Gift Card in their inbox, the Customer is invited to check their "Junk mail" or "Spam" folder. The Customer is responsible for their email inbox and any person who may access it. In this regard, Les Petits Prödiges cannot be held responsible for any fraudulent use of the e-Gift Card by anyone other than the Customer. In case of difficulty, the Customer is invited to contact Les Petits Prödiges customer service at the contact details indicated in Article 16 of these General Terms and Conditions of Sale.
10.2 Delivery times
10.2.1 Cosmetic Products
From the confirmation of the Order, the Cosmetic Products concerned are delivered within the indicative times that any Customer can calculate before validating their virtual shopping cart, depending on the chosen delivery method.
In all cases, Les Petits Prödiges undertakes to deliver the Cosmetic Products within a maximum period of thirty (30) days after Order confirmation.
Failing delivery within this period, the Customer may request the cancellation of the Order under the conditions set out below.
10.2.2 E-Gift Cards
Gift Cards are sent immediately by email and automatically activated within 24 working hours, from the validation of the Customer's Order. The e-Gift Card is sent to the email address provided by the Customer. Les Petits Prödiges disclaims all responsibility for the correct entry of the email address provided for sending the e-Gift Card.
10.3. Delivery delays
Any delay in delivery - i.e., exceeding the maximum period of thirty (30) days after Order confirmation - except in cases of force majeure, entitles the Customer to cancel the Order and receive a refund of the Price.
In the event of a delay attributable to Les Petits Prödiges, the latter undertakes to inform the Customer by email that delivery will be delayed.
The Customer may, however, request a refund of the Price of the Product(s) concerned by sending Les Petits Prödiges an email requesting cancellation of the Order.
The refund of the Product by Les Petits Prödiges will take place within a maximum of fourteen (14) days following receipt of the Customer's cancellation request, according to the payment method used, excluding any other compensation. This does not include the reimbursement by Les Petits Prödiges of shipping costs incurred by the Customer.
10.4. Receipt of Cosmetic Products
The Customer is required to track their package and collect it within the announced deadlines. Any non-receipt of the package by the Customer due to their own fault will remain their sole responsibility. Consequently, if the Customer wishes to request a new shipment of their package, Les Petits Prödiges reserves the right to charge the Customer additional shipping costs for this new shipment. Upon receipt of the Cosmetic Products, the Customer is advised to check the condition of the delivered Product in the presence of the delivery person, and, in the event of damage or missing items, to make reservations on the delivery note or transport receipt, and possibly to refuse the Cosmetic Product and notify Les Petits Prödiges by email. Any damaged Cosmetic Product must be reported on the delivery note and reported by email or registered letter with acknowledgment of receipt to Les Petits Prödiges customer service indicated in Article 16 below, within ten (10) days following receipt of the Order. In the event of delivery of damaged Cosmetic Products, Les Petits Prödiges undertakes to reimburse or replace the affected Cosmetic Products at its own expense. In the event of missing Cosmetic Products, Les Petits Prödiges undertakes to send the said missing Cosmetic Products at its own expense.
ARTICLE 11. Retention of title - transfer of risks
Les Petits Prödiges retains full ownership of the Products until full payment of the Price. The transfer of risks occurs when the Customer takes possession of the Products. The transfer of risks for Gift Cards occurs at the time of their transmission by email.
ARTICLE 12. Legal guarantees of conformity and hidden defects
12.1. Description of legal guarantees
No commercial warranty is granted on the Products. However, Cosmetic Products purchased with e-Gift Cards benefit from the same Returns Policy as Cosmetic Products purchased with other payment methods.
Les Petits Prödiges is bound by the legal guarantee of conformity for goods, digital content, and digital services in application of Articles L. 217-3 et seq. of the Consumer Code. The legal provisions of the Consumer Code are fully reproduced below. Les Petits Prödiges is also bound by the guarantee relating to hidden defects as defined in Articles 1641 to 1648 and 2232 of the Civil Code, which are reproduced in Annex 1 hereto. These guarantees allow the Customer to return non-compliant or defective Cosmetic Products and e-Gift Cards.
12.2. Procedures for implementing legal guarantees
“The consumer has a period of two years from the delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of a lack of conformity appearing. During this period, the consumer is only required to establish the existence of the lack of conformity and not its date of appearance.
When the sales contract for the goods provides for the continuous supply of digital content or digital service for a period exceeding two years, the legal guarantee applies to this digital content or digital service throughout the planned supply period. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or digital service and not its date of appearance.
The legal guarantee of conformity entails an obligation for the professional, if applicable, to provide all necessary updates to maintain the conformity of the goods.
The legal guarantee of conformity gives the consumer the right to repair or replace the goods within thirty days following their request, free of charge and without major inconvenience to them.
If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.
If the consumer requests the repair of the goods, but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.
The consumer may obtain a reduction in the purchase price by keeping the goods or terminate the contract by obtaining a full refund against return of the goods, if:
The professional refuses to repair or replace the goods;
The repair or replacement of the goods occurs after a period of thirty days;
The repair or replacement of the goods causes a major inconvenience for the consumer, particularly when the consumer definitively bears the costs of collecting or removing the non-compliant goods, or if they bear the costs of installing the repaired or replacement goods;
The non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.
The consumer also has the right to a reduction in the price of the goods or to the termination of the contract when the lack of conformity is so serious that it justifies an immediate price reduction or contract termination. The consumer is then not required to request repair or replacement of the goods beforehand.
The consumer does not have the right to terminate the sale if the lack of conformity is minor.
Any period of immobilization of the goods for repair or replacement suspends the remaining guarantee period until the delivery of the repaired goods.
The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code.
A seller who fraudulently obstructs the implementation of the legal guarantee of conformity incurs a civil fine of up to 300,000 euros, which can be increased to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code).
The consumer also benefits from the legal guarantee against hidden defects under Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the goods are kept or a full refund against return of the goods.”
Any claim under these guarantees must be made under the conditions defined in the Returns Policy.
ARTICLE 13. Product returns policy
The Product Returns Policy, in the event that the Customer wishes to withdraw from an Order, or return a defective or non-compliant Cosmetic Product or e-Gift Card, is accessible via the following link: return policy.
ARTICLE 14. Intellectual Property
Les Petits Prödiges holds the intellectual property rights pertaining to the Product(s) allowing it to market them, as well as all intellectual property rights covering the logos, packaging, and containers of the Products. Les Petits Prödiges is the owner of all trademarks designating the Products.
ARTICLE 15. Liability
The Products offered for sale on the Site comply with current French legislation.
Les Petits Prödiges cannot be held liable for the non-performance or improper performance of the electronic sales contract resulting from the Customer's act, or from a case of force majeure as defined in Article 17.2.
ARTICLE 16. Customer service - complaint
For any difficulty, the Customer must first contact Les Petits Prödiges customer service at the following email address:
In case of failure of the complaint request to Les Petits Prödiges customer service or in the absence of a response from this service within one (1) month, the Customer may submit the dispute to the following mediator: CMAP - Centre de Médiation et d'Arbitrage de Paris. You can contact the Mediator. To submit your dispute to the mediator, you can:
- fill out the form on the CMAP website: www.cmap.fr (under "consumer"),
- send your request by simple or registered mail to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS.
The mediator will attempt, independently and impartially, to bring the Parties together to reach an amicable solution. To submit a mediation request, the Customer can make a request by directly contacting the mediator whose contact details are provided above.
Furthermore, the Customer is informed of the existence at European level of the online dispute resolution platform, accessible at the following URL: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
ARTICLE 17. Miscellaneous Provisions
17.1. Invalidity
The nullity of a clause in the General Terms and Conditions of Sale does not entail the nullity of the General Terms and Conditions of Sale. The temporary or permanent inapplicability of one or more clauses of the General Terms and Conditions of Sale shall not constitute a waiver by any Party of the other clauses of the General Terms and Conditions of Sale, which continue to have effect.
17.2. Force majeure
Neither the Customer nor Les Petits Prödiges shall be held liable for the partial or total non-performance of their obligations hereunder in the event of force majeure. In this respect, force majeure is understood to mean any unforeseeable, irresistible and external event within the meaning of Article 1218 of the Civil Code and the jurisprudence of French courts. The Party invoking a case of force majeure must inform the other Party within five (5) working days of its knowledge of the event. The Parties agree to consult each other in order to find a solution together for the execution of the Order during the period of force majeure. Beyond a period of one (1) month from the occurrence of the force majeure event, if Les Petits Prödiges is unable to honor the Order, it undertakes to reimburse the Customer.
17.3. Modification
The current General Terms and Conditions of Sale are accessible by the Customer on the Site under the "General Terms and Conditions of Sale" section at any time; they are also directly viewable on all pages of the Site, and are systematically submitted to the Customer before any Order, and at the time of registering the Order.
They may be modified at any time by Les Petits Prödiges. However, the General Terms and Conditions of Sale applicable to the Customer will be those in force at the time of the Order as accepted by the latter.
17.4. Applicable law and competent jurisdiction
The contract is subject to French law.
ARTICLE 18. Personal data - cookies
The processing of Personal Data carried out by Les Petits Prödiges is described in the Privacy Policy accessible here: privacy policy
The Cookie Management Policy is accessible here: cookie management policy
In accordance with Article L.223-2 of the Consumer Code, you have the right to register for free on the telephone canvassing opposition list via the Bloctel service (www.bloctel.gouv.fr).
Annex 1: Articles of the Civil Code and the Consumer Code relating to the legal guarantee of conformity and the legal guarantee against hidden defects
- Legal guarantee of conformity
Article L. 217-3 of the Consumer Code:
The seller delivers goods in conformity with the contract and with the criteria set out in Article L. 217-5.
They are liable for any lack of conformity existing at the time of delivery of the goods within the meaning of Article L. 216-1, which appear within two years from that date.
(…) The seller is also liable, within the same time limits, for any lack of conformity resulting from the packaging, the assembly instructions, or the installation when this was carried out by them under the contract or under their responsibility, or when the incorrect installation, carried out by the consumer as provided for in the contract, is due to shortcomings or errors in the installation instructions provided by the seller.
This warranty period applies without prejudice to Articles 2224 et seq. of the Civil Code. The starting point for the consumer's action is the day on which they become aware of the lack of conformity.
Article L. 217-4 of the Consumer Code:
The goods are in conformity with the contract if, in particular, they meet the following criteria:
- It corresponds to the description, type, quantity and quality, particularly concerning functionality, compatibility, interoperability, or any other characteristic provided for in the contract;
- It is fit for any special use sought by the consumer, brought to the seller's attention at the latest at the time of conclusion of the contract and which the latter has accepted;
- It is delivered with all accessories and installation instructions, to be provided in accordance with the contract;
- It is updated in accordance with the contract.
Article L. 217-5 of the Consumer Code:
- In addition to the criteria of conformity with the contract, the goods are in conformity if they meet the following criteria:
- It is fit for the use customarily expected of goods of the same type, taking into account, where appropriate, any provisions of European Union law and national law as well as any 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 that the seller presented to the consumer in the form of a sample or model, before the conclusion of the contract;
- Where applicable, the digital elements it contains are supplied in the most recent version available at the time of conclusion of the contract, unless the parties agree otherwise;
- Where applicable, it is delivered with all accessories, including packaging, and installation instructions that the consumer can legitimately expect;
- Where applicable, it is supplied with the updates that the consumer can 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 security, that the consumer can legitimately expect for goods of the same type, taking into account the nature of the goods 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 is not bound by any public statements mentioned in the preceding paragraph if they demonstrate:
- That they were not aware of them and could not legitimately have been aware of them;
- That at the time of concluding the contract, the public statements had been rectified under conditions comparable to the initial statements; or
- That the public statements could not have influenced the purchasing decision.
III. The consumer cannot contest conformity by invoking a defect concerning one or more particular characteristics of the goods, of which they were specifically informed that they deviated from the conformity criteria set out in this article, a deviation to which they expressly and separately consented at the time of concluding the contract.
Article L. 217-8 of the Consumer Code:
In the event of a lack of conformity, the consumer has the right to have the goods brought into conformity by repair or replacement or, failing that, to a reduction in the price or termination of the contract, under the conditions set out in this sub-section.
The consumer also has the right to suspend payment of all or part of the price or the remittance of the advantage provided for in the contract until the seller has fulfilled their obligations under this chapter, under the conditions of Articles 1219 and 1220 of the Civil Code.
The provisions of this chapter are without prejudice to the allocation of damages.
Article L. 217-12 of the Consumer Code:
The seller may not proceed according to the consumer's choice if the requested conformity is impossible or entails disproportionate costs, particularly considering:
1° The value the goods would have in the absence of a lack of conformity;
2° The significance of the lack of conformity; and
3° The possibility of opting for the other choice without major inconvenience for the consumer.
The seller may refuse to bring the goods into conformity if this is impossible or entails disproportionate costs, particularly considering 1° and 2°.
When these conditions are not met, the consumer may, after formal notice, pursue specific performance of the initially requested solution, 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 must be justified in writing or on a durable medium.
Article L. 217-16 of the Consumer Code:
In the cases provided for in Article L. 217-14, the consumer informs the seller of their decision to terminate the contract. They return the goods to the seller at the latter's expense. The seller reimburses the consumer the price paid and returns any other advantage received under the contract.
If the lack of conformity only affects certain goods delivered under the sales contract, the consumer has the right to terminate the contract for all goods, even those not covered by this chapter, if it cannot reasonably be expected of them to keep only the conforming goods.
For contracts mentioned in II of Article L. 217-1, providing for the sale of goods and, incidentally, the provision of services not covered by this chapter, the consumer has the right to terminate the entire contract. Furthermore, in the case of a bundled offer within the meaning of Article L. 224-42-2, the consumer has the right to terminate all related contracts.
The respective obligations of the parties to the contract, mentioned in Article L. 224-25-22 and relating to the consequences of termination for digital content and digital services, are applicable to the termination of the sales contract for goods containing digital elements.
- Legal guarantee against hidden defects
Article 1641 of the Civil Code:
The seller is bound by the warranty against hidden defects of the sold item which render it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given a lesser price for it, had they known of them.
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 Customer may decide to implement the guarantee against hidden defects of the Product sold within the meaning of Article 1641 of the Civil Code. In this case, they can choose between rescission of the sale or a reduction in the selling price in accordance with Article 1644 of the Civil Code.
Article 2232 of the Civil Code:
The postponement of the starting point, the suspension, or the interruption of the limitation period cannot have the effect of extending the extinctive limitation period beyond twenty years from the day the right arose.
The first paragraph is not applicable in the cases mentioned in Articles 2226, 2226-1, 2227, 2233 and 2236, in the first paragraph of Article 2241 and in Article 2244. It also does not apply to actions relating to personal status.
