10.2 Guarantees
Easy Sushi guarantees that the delivered Products will conform to the order placed.
The legal provisions relating to the warranty against hidden defects (Article 1641 et seq. of the French Civil Code) and the warranty of conformity (Articles L. 217-3 et seq. of the French Consumer Code) apply and are reproduced below:
Article 1641 of the French Civil Code
: "The seller is bound by a warranty against hidden defects in the thing sold which render it unfit for its intended use, or which so diminish that use that the buyer would not have acquired it, or would have given only a lower price, if he had known of them."
Article 1648, paragraph 1 of the French Civil Code
: "The action resulting from latent defects must be brought by the buyer within two years of the discovery of the defect."
Article L217-3 of the Consumer Code
" The seller shall deliver goods that conform to the contract and to the criteria set forth in Article L. 217-5. The seller 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, which appear within two years of such delivery. (...)
This warranty period applies without prejudice to Articles 2224 et seq. of the Civil Code. The starting point for the limitation period for the consumer's action is the day on which the consumer becomes aware of the lack of conformity."
Article L. 217-4 of the Consumer Code (only for Customers who are consumers):
"Goods conform to the contract if they meet, in particular, where applicable, the following criteria:
1° They correspond to the description, type, quantity and quality, particularly with regard to functionality, compatibility, interoperability, or any other characteristics provided for in the contract;
2° It is suitable for any special purpose sought by the consumer, which the consumer made known to the seller no later than at the time of conclusion of the contract and which the seller accepted;
3° It is delivered with all the accessories and installation instructions that must be provided in accordance with the contract;
4° It is updated in accordance with the contract. »
Article L. 217-5 of the Consumer Code (only for Customers who are consumers)
“I. - In addition to the criteria for conformity to the contract, goods are compliant if they meet the following criteria:
1° They are fit for the purpose for which goods of the same type are normally used, taking into account, where applicable, any provisions of European Union and national law as well as all technical standards or, in the absence of such technical standards, the specific codes of conduct applicable to the sector concerned;
2° Where applicable, they possess the qualities that the seller presented to the consumer in the form of a sample or model before the conclusion of the contract;
3° Where applicable, the digital elements it contains are provided according to the most recent version available at the time of conclusion of the contract, unless the parties agree otherwise;
4° Where applicable, it is delivered with all accessories, including packaging, and installation instructions that the consumer can legitimately expect;
5° Where applicable, it is provided with the updates that the consumer can legitimately expect, in accordance with the provisions of Article L. 217-19;
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, having regard to the nature of the goods as well as the 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:
1° That they were unaware of them and could not legitimately have been aware of them;
2° That, at the time the contract was concluded, the public statements had been corrected under conditions comparable to the initial statements; or
3° That the public statements could not have influenced the purchase decision.
III. The consumer may not contest conformity by invoking a defect concerning one or more specific characteristics of the goods, which they were specifically informed deviated from the conformity criteria set forth in this article, a deviation to which they expressly and separately consented at the time the contract was concluded.