10.2 Guarantees
Easy Sushi undertakes that the products delivered comply with the registered order.
The legal provisions relating to the guarantee due in the event of hidden defects (article 1641 and following of the Civil Code) and the guarantee of conformity (articles L. 217-3 and following of the Consumer Code) apply and are reproduced below:
article 1641 of the Civil Code
"The seller is bound by the guarantee of the hidden defects of the sold thing which makes it improper to the use which decrease this use so much that the buyer would not have acquired it, or would have given only a lower price, if he had known them. »
Article 1648 paragraph 1 of the Civil Code
« The action resulting from the crumbling defects must be brought by the buyer within two years from the discovery of the vice. »
Article L217-3 of the Consumer Code
» The seller issues a good in accordance with the contract as well as to the criteria set out in article L. 217-5. It responds to existing compliance defects at the time of the delivery of the property within the meaning of article L. 216-1, which appear within two years from it. (…)
This warranty period applies without prejudice to articles 2224 and following of the Civil Code. The starting point for the prescription of consumer's action is the day of knowledge by the latter of the lack of conformity. »
Article L. 217- 4 of the Consumer Code (only for the customer having the quality of consumer)
« The property is in accordance with the contract if it meets in particular, if necessary, to the following criteria:
1 ° It corresponds to the description, the type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristics provided for in the contract;
2 ° It is specific to any special use sought by the consumer, brought to the attention of the seller at the latest at the time of the conclusion of the contract and which the latter accepted;
3 ° It is issued with all the accessories and installation instructions, which 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 the customer having the quality of consumer)
» - - In addition to the criteria of compliance with the contract, the property is in accordance with the following criteria:
1 ° It is specific to the usually expected use of a same type, taking into account, if applicable, any provision of European Union law and national law as well as all technical norms or, in the absence of technical standards, specific applicable to the sector concerned;
2 ° If necessary, it has the qualities that the seller presented to the consumer in the form of a sample or model, before the conclusion of the contract;
3 ° If necessary, the digital elements it includes are provided according to the most recent version which is available at the time of the conclusion of the contract, unless the parties agree otherwise;
4 ° If necessary, it is issued with all accessories, including packaging, and installation instructions that the consumer can legitimately wait;
5 ° If necessary, it is provided with the updates that the consumer can legitimately wait, in accordance with the provisions of article L. 217-19;
6 ° It corresponds to the quantity, quality and other characteristics, including in terms of sustainability, functionality, compatibility and security, which the consumer can legitimately wait for goods of the same type, having regard to the nature of the property as well as to the public declarations made by the seller, by any person upstream in the chain of transactions, or by a person acting for their account, including in advertising.
II.- However, the seller is not held by all public declarations mentioned in the preceding paragraph if he demonstrates:
1 ° that he did not know them and was legitimately unable to know them;
2 ° That at the time of the conclusion of the contract, public declarations had been rectified under conditions comparable to the initial declarations; or
3 ° that public declarations could not have any influence on the purchasing decision.
III.-Consumer cannot contest the conformity by invoking a defect concerning one or more particular characteristics of the property, of which it was specifically informed that they deviated from the criteria of conformity set out in this article, a difference to which he expressly and separately consented to the conclusion of the contract. »»