Terms of sale
The present General Conditions of Sale relate to the Internet site www.onceuponafragrance.com (hereafter "the Site") published by the company SPPC, a simplified joint stock company with a single shareholder with a capital of 500,000.00 euros, whose registered office is at 130 Rue de Courcelles - 75017 Paris, registered in the Paris Trade and Companies Register under number 351 644 562, whose intra-community TV number is FR13351644562 (hereafter "the Seller" or "SPPC").
The website www.memoiredessens.myshopify.com allows the company SPPC to propose to the sale of perfumes to the users of the site.
Article 1. Scope of application
The present General Conditions of Sale are intended to specify the rights and obligations of the parties to the distance selling contracts ("the Order") made between the Seller and the consumers and/or purchaser ("the Customer" or "the Customers") on the items offered for sale ("the Products") on the Site. These General Terms and Conditions of Sale apply unconditionally and without reservation to all Orders placed.
These General Terms and Conditions of Sale are accessible at all times on the Site and shall prevail, where applicable, over any other version or any other contradictory document as well as any other conditions applicable to sales in stores or through other distribution and marketing channels.
The applicable General Terms and Conditions of Sale are those in effect as written on the Site on the date the Customer places an Order on the Site. By placing an Order on the Web site and clicking on the "I have read and accept the general terms and conditions of sale" button, the Customer declares that he/she has read, understood and accepted, without reservation, the terms of the Order and these General Terms and Conditions of Sale in full. SPPC reserves the right to modify the General Terms and Conditions of Sale at any time. They will then be applicable as soon as they are put online on the Site.
The Customer acknowledges having the legal capacity required to contract with the Seller. The Seller does not intend to sell the Products on the Site to professionals, but only to consumers or non-professionals, for their personal needs. Consequently, the Customer affirms that he/she is acting as a final consumer and that he/she does not intend to resell the Products for commercial purposes.
Therefore, the Seller reserves the right to refuse any and all large quantity Orders.
Article 2. Accessibility of the Site
The Site's services are normally available to Customers 7 days a week, 24 hours a day, all year round, except in case of voluntary or involuntary interruption, notably for maintenance and/or security purposes or in case of force majeure. The Seller being in fact, by its activity, held to an obligation of means, it cannot be held responsible for any prejudice of any kind, resulting from the unavailability of the Site.
SPPC does not guarantee that the Site will be free of anomalies, errors or bugs, nor that the Site will function without breakdown or interruption. In this regard, SPPC may freely determine, in its sole discretion, any period of unavailability of the Site or its content. SPPC cannot be held responsible for data transmission problems, connection problems or network unavailability.
SPPC reserves the right to modify the Site for technical or commercial reasons. When these modifications do not alter the conditions of the provision of the services in a substantial and negative manner, the Customer may be informed of the modifications made, but his acceptance is not requested.
Article 3. Registration on the Site
In order to place an Order, the Customer must first register on the Site by creating an account containing the Customer's information (the "Customer Account").
The Customer's registration on the Web Site shall be validated after verification of the standard form filled in by the Customer. This form includes certain personal data: name, first name, delivery address, email address and telephone number. In order to properly manage the order, the Customer must provide all the information marked as mandatory.
When creating his Account, the Customer must ensure the accuracy and completeness of the data he provides. The Customer is required to keep his personal information up to date. The information allowing the Customer to identify himself, such as the identifier and the password, are personal and confidential. This information can only be modified on the Customer's or the Seller's initiative, in particular if the password is forgotten. The Customer is solely responsible for the use of his identification elements. He is required to keep them secret. The Vendor shall not be held responsible for any disclosure on the part of the Customer.
Any Order placed using the Customer's login and password shall be deemed to have been placed by the Customer. The Vendor shall in no event be liable for any damage caused by the disclosure of such personal and confidential data by the Customer, and hence for the use of such data by a third party.
The Customer shall receive an e-mail confirming his registration. In the event of an error in the recipient's details, SPPC shall not be held responsible for the impossibility of delivering the Products.
By registering on the Site, the Customer declares and guarantees to the company SPPC that he/she is of legal age and that he/she has the full legal capacity to contract.
Article 4. Products
The Products offered for sale are those which appear on the Site on the day of the consultation of the Site by the Customer.
SPPC takes the greatest care in the presentation and description of its Products in order to provide the Customer with the best possible information. The main characteristics of the Products, in particular the specifications, illustrations, indications of dimensions or properties are presented as precisely as possible on the Site. The photographs and graphics presented on the Site are not contractual and do not engage the responsibility of the Seller. Despite the best efforts made by the Seller in the photographic representation of the Products on the Site and given the digital presentation of the Products, it is possible that the Customer's perception of the photographic representation of the Products does not correspond exactly to the Products, for which the Seller shall not be held responsible.
Consequently, the Customer undertakes to respect the conditions of use and conservation of the Products. The Customer is required to read them before placing an Order. The Customer shall remain responsible for the choice made once the Seller has provided the Customer with the information necessary to make this decision.
The Vendor undertakes to honour the Order only within the limits of the available stocks of Products. This information shall be updated automatically in real time.
However, SPPC shall not be held liable for any error in this update, regardless of its origin. In this respect, SPPC shall not be held responsible for the cancellation of an Order for a Product due to the exhaustion of stocks. If the Products are not available, the Seller undertakes to inform the Customer.
The Seller reserves the right to refuse the Order if it is abnormal, placed in bad faith or for any other legitimate reason, and in particular if there is a dispute with the Customer concerning the payment of a previous order.
Article 5. Order Method: Single Order
Once the Customer's Account has been created, the Customer may place an Order for the purchase of one or more Products to be delivered in a single delivery ("Single Order").
In order to place the Order, the Customer must complete the following steps:
Enter the address of the Site;
Select the different Products he/she is interested in and click on "Add to Cart". In case of prolonged inactivity during the connection, it is possible that the selection of Products and Services chosen by the Customer before this inactivity is no longer guaranteed. In this case, the Customer is invited to restart his selection of Products from the beginning;
Check the items in the Order by clicking on the "My Cart" section and, if necessary, identify and correct any errors;
Validate the Order, the selected Products, the delivery method and the Order Price (Place the Order)
Follow the instructions on the Site to open a Customer Account if one has not already been created.
Follow the instructions of the online payment server to pay the Order. If the payment is made by credit card, the payment will be processed by "2C2P", a secure and specialized server.
The Customer shall then receive electronic confirmation of acceptance of payment for the Order without delay. The Customer shall also receive an electronic confirmation of receipt of the Order, including the invoice, without delay.
The Customer shall receive electronic confirmation of the shipment of the Order.Delivery shall be made to the delivery address indicated by the Customer at the time of the Order. During the various stages of the Order as described above, the Customer agrees to abide by the present contractual terms and conditions, in accordance with Article 1316-1 of the French Civil Code.
The sale shall be deemed final once the Vendor has sent the Customer confirmation of the Order by e-mail and once the Vendor has received payment.
Article 7. Deactivation of the Customer Account
In the event of failure to comply with the obligations arising from acceptance of these General Terms and Conditions of Sale, of incidents involving payment of the price of an Order, of the provision of erroneous information when creating a Customer Account, or of any other act likely to harm the interests of the Vendor, the Vendor reserves the right to suspend access to the services offered on the Web Site or, depending on the seriousness of the act, to terminate the Customer's Account, after having informed the Customer by any means, without any right to claim damages or interest.
The Seller also reserves the right to refuse to contract with a Customer who has been excluded or sanctioned for such acts.
Article 8. Prices
The prices of the Products are indicated on the Web site, they are mentioned according to the currency indicated on the Web site according to the geographical zone, all taxes included, excluding delivery charges.
The price of the Order includes the price of the Products and shows the delivery costs separately. It is indicated including all taxes.
Delivery charges may change if the Customer's address changes. The Seller shall notify the Customer of any such change as soon as possible.
Article 9. Terms of Payment
Payment for the Order shall be made by any of the payment methods offered on the Web Site.
The Vendor shall make every effort to protect the Customer's bank details. The electronic payment service is secured in order to protect the data related to the means of payment. In accordance with the regulations in force, the Customer's bank details are not kept by the Vendor.
The Seller shall not be held responsible in case of fraudulent use of the payment methods used.
Payments made by the Customer shall not be considered final until the Seller has actually collected the amounts due.
Article 10. Deliveries
The Products are offered for delivery in a geographical area indicated on the Site. This delivery area is subject to change.
Should it not be possible to deliver the Product(s) within the geographical area indicated on the Web Site, the Client shall be informed thereof at the time of placing the Order on the Web Site.
Orders that do not meet this geographical requirement may be subject to a special procedure. Customers are invited to contact the Vendor at Contact@onceuponafragrance.com to find out the terms and conditions of this procedure
The Vendor shall use its best endeavors to ensure that the Sales Order is dispatched within 24 (twenty-four) hours and 7 (seven) working days following the confirmation of the Sales Order, according to the delivery method chosen by the Customer at the time of placing the Sales Order on the Web site.
The Vendor shall not be held liable for any act of God or of the carrier.
Moreover, the delivery times indicated on the Web Site are indicative and are provided solely for information purposes. They are given in working days and do not include Saturdays, Sundays or public holidays.
Delivery shall be deemed to have been made when the Product is transferred to the Customer, i.e. when the Customer or a third party designated by the Customer takes physical possession of the Product.
Verification of the Order upon delivery:
Upon delivery, it is the Customer's responsibility to verify that the Products delivered are free of any defects and to make any handwritten reservations on the delivery slip and claims to the carrier, directly on the delivery slip accompanied by his/her signature, or even to refuse the delivery. Within three (3) working days following delivery of the Products, the Customer must confirm the said reservations or claims with the carrier by registered letter with acknowledgement of receipt and immediately send a copy to the Seller. These reservations must be very precise (which product presents which damage) in order to be taken into account. Failure to file a claim within the above-mentioned period shall extinguish any action against the carrier. Therefore, any claim related to apparent damage at the time of delivery will not be accepted. By signing the delivery receipt, the customer acknowledges having received the goods without apparent damage at the time of delivery.
Follow-up of delivery:
The Customer may, at any time, consult the status of his or her Order on his or her personal space on the Web site and via the delivery tracking messages sent to the Customer by the Vendor.
Delivery charges shall vary according to the weight, volume and fragility of the Order, as well as the carrier chosen by the Seller. The amount of the delivery charges shall be indicated to the Customer at the time the Order is placed and shall be subject to the Customer's approval before the Order is validated.
Article 11. Transfer of ownership
The transfer of ownership of the Seller's Products to the Customer will only take place after full payment of the price by the latter, whatever the delivery date of the said Products.
In accordance with the article L. 216-4 of the Code of the consumption, whatever the date of the transfer of property of the Products, the transfer of the risks of loss and deterioration relating to it will be realized only at the time when the Customer will take physically possession of the Products, that is to say, at the delivery.
Article 12. Right of withdrawal
The Customer has the right to cancel the Order within fourteen (14) calendar days following the date of receipt or collection of the Order, without having to justify the reasons or pay any penalty.
In the event that this period expires on a Saturday, Sunday or public holiday, it shall be extended to the next business day.
The notification of the exercise of the right of withdrawal must be made by mail or by email to the address: email@example.com to the Seller, using the form below, in Annex 1 of these General Conditions of Sale.
For reasons of hygiene and health protection, the Customer must return the Products in their original condition, in their original packaging, unopened, sealed, unused and unworn, no later than fourteen (14) days following notification of his or her wish to exercise his or her right of withdrawal to the Seller. Return shipping costs shall be borne by the Customer and shall not be reimbursed by the Seller, unless explicitly agreed by the latter.
The refund of the price of the Order shall be made within a maximum of fourteen (14) working days from the date of receipt by the Seller of the Products returned by the Customer, using the same method of payment as that used by the Customer to pay for the Order. Subject to compliance, your entire order will be refunded within 14 days from the date of receipt of your package in our warehouse. Return shipping costs are at the customer's expense.
In case of withdrawal, the sales contract will be terminated.
Article 13. Responsibility - Guarantees
The Products sold on the Site comply with the regulations in force in France. The Customer is responsible for verifying the condition of the Sales Order delivered.
The Products supplied by the Vendor shall automatically benefit, without further payment, from the following guarantees, in accordance with the legal provisions set out in Appendix 2 of these General Terms and Conditions of Sale.
The Legal Warranty of Conformity, for Products that appear to be defective, damaged or damaged or that do not correspond to the Order:
Under the Legal Warranty of Conformity provided for in Articles L 217-1 et seq. of the Consumer Code, the Customer has a period of two (2) years from the delivery of the goods to act against the Seller. He can make his request by registered letter with acknowledgement of receipt. The Customer shall choose between repairing or replacing the non-conforming Product, subject to the cost conditions set forth in Article L. 217-9 of the French Consumer Code and within the limits of available stocks. In the event of a clear cost difference between the two options, the Seller may impose the less expensive option; the Customer does not have to provide proof of the date of appearance of the defect. If the Seller disputes the application of the warranty and considers that the defect appeared after the purchase, it is up to him to prove it.
If the Customer makes use of the Legal Warranty of Conformity during the withdrawal period, this period will be interrupted. The withdrawal period will start to run as soon as a new, compliant product is delivered.
The Legal Warranty against Hidden Defects resulting from a material, design or manufacturing defect affecting the delivered Products and making them unfit for use: The Customer may decide to implement the Warranty against Hidden Defects of the Product within two (2) years of the discovery of the hidden defect in accordance with Article 1641 of the Civil Code. He can make his request by registered letter with acknowledgement of receipt. In this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with 1644 of the Civil Code.
The Customer is required to prove the existence of a hidden defect, i.e. one that is not apparent at the time of purchase, that makes the Product unfit for its intended use or greatly diminishes its use, and that exists at the time of purchase.
If the Customer requests a refund for Products delivered with a hidden defect, the refund of the Order Price (including shipping costs) shall be made within a maximum of thirty (30) days from the date the Seller receives the Order returned by the Customer. Customer shall use the return shipping label included in the delivered Order and shall not incur any additional costs to return the Product for which the warranty is being exercised. The refund of the Order Price shall be made by the same method of payment used by the Customer to pay for the Order.
By mutual agreement, the Seller shall only be liable to the Customer in the event of a proven fault. The Vendor shall be liable, under the conditions of common law, for direct and foreseeable damage suffered by the Customer. Indirect damages include loss of data, loss of orders, expected results.
Seller's liability shall be strictly limited to the value of the Order. The Seller shall not be held liable in the following cases
The Customer's failure to respect the laws of the country to which the Products are shipped (outside of France), which the Customer is responsible for checking, in case of misuse of the Products, in case of use for professional purposes, in case of negligence or lack of maintenance on the part of the Customer, as well as in case of normal wear and tear of the Product, in case of accident or in case of force majeure.
The documents, descriptions and information relating to the Products appearing on the Site are not covered by any guarantee, explicit or implicit, with the exception of the guarantees provided by law.
Article 14. Intellectual property
The Seller retains the ownership of its methods, know-how and intellectual property rights on the Products and their formulas.
The Seller is the owner of trademarks and domain names protecting the name SPPC and Once Upon a Fragrance. They are the exclusive property of the Seller and may not be used without its consent. This also means that links to other sites without the agreement of the Seller are strictly forbidden.
All elements of the Site, whether visual or audio, texts, layouts, illustrations, photographs, videographies, documents and other elements, including the underlying technology, are the property of the Seller and its partners and are protected by copyright, trademarks and patents. Any total or partial reproduction of the elements accessible on the Site is strictly prohibited and is protected by French and international laws relating to intellectual property.
In addition, the Seller remains the owner of all intellectual property rights on the products and their accessories, their packaging, their brands, logos, graphic charter, design, photographs, videographies, texts, presentations, studies, drawings, models, prototypes, etc. The Customer shall therefore refrain from reproducing or exploiting said studies, drawings, models and prototypes, etc., without the express, written and prior authorization of the Seller, which may be conditional on a financial consideration.
The present General Conditions of Sale do not imply any transfer of any kind of intellectual property rights on all or part of the elements belonging to the Seller or to its partners and third parties who have granted it a license.
Any reproduction or representation, total or partial of one of these elements, without the express authorization of the Seller is forbidden and would constitute a counterfeit sanctioned by the articles L 335-2 and following of the Code of the intellectual property.
Consequently, the Customer shall refrain from any action that may directly or indirectly infringe the property rights of the Seller.
The distribution of the Products shall take place exclusively via the Site, or any other distribution network expressly authorized by the Seller, and with the express prior authorization of the Seller. Seller reserves the right to take action against unauthorized distribution of the Products within the limits of applicable law.
Article 15. Personal data
The Seller is committed to respecting the Regulations relating to the protection of personal data and had made a declaration to the Commission Nationale de l'Informatique et des Libertés (CNIL) under the number 2164183 when creating its Site.
Within the framework of its commercial relations, the Seller is brought to collect and to treat the personal data of the Customers. This information is necessary to ensure the treatment, the follow-up and the delivery of the order, as well as to establish an invoice.
This data is processed in accordance with applicable laws and regulations relating to data protection and confidentiality, including Regulation No. 2016/679, known as the General Data Protection Regulation (GDPR).
In addition, the Customer can register free of charge on the Bloctel telephone opposition list at the following address: www.bloctel.gouv.fr.
Article 16. Proof
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
The Customer acknowledges the validity and probative force of the electronic exchanges and records kept by the Vendor and accepts that these elements have the same probative force as a handwritten document signed by hand.
Article 17. Imprecision
The Seller and the Customer each waive the right to avail themselves of the provisions of Article 1195 of the Civil Code and the regime of unforeseeability provided for therein. The Seller and the Customer respectively undertake to perform their obligations even if the contractual balance is upset by circumstances that were unforeseeable at the time of the conclusion of the sale, even if their performance would prove excessively onerous, and to bear all the economic and financial consequences thereof.
Article 18. Force majeure
The Seller and the Customer shall not be held liable if the non-performance or delay in the performance of any of their obligations is due to a case of force majeure, as defined in Article 1218 of the Civil Code, as well as in the event of an electronic virus, computer attack or disruption of the electricity and/or Internet networks.
The Seller is exempt from its contractual or legal obligations in the event of force majeure which prevents the execution of the contract in whole or in part. The obligations of the Seller shall be suspended for the duration of the force majeure, at the end of which the time limits that had been suspended shall start to run again.
Article 19. Saving clause
If any provision of this Agreement is declared invalid by virtue of a law or regulation or a final court decision, the other provisions of the General Terms and Conditions of Sale shall remain in force.
Article 20. Language
The present General Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, the French version shall prevail.
Article 21. Applicable law
The present General Terms and Conditions of Sale and the operations resulting from them are governed by and subject to French law.
Article 22. Disputes
All disputes to which the purchase and sale operations concluded in application of the present General Terms of Sale could give rise, concerning both their validity, their interpretation, their execution, their termination, their consequences and their consequences and which could not be resolved amicably between the Vendor and the Customer shall be submitted to the competent courts under the conditions of common law.
The Customer is informed that, in accordance with Articles L.612-1 et seq. of the Consumer Code, he/she has the right, in the event of a dispute, to have recourse free of charge to a consumer mediator, with a view to the amicable resolution of the dispute. All information is available on the website of the mediator of e-commerce of the Federation of e-commerce and distance selling (FEVAD): https://www.mediateurfevad.fr and more precisely at the address: http://www.mediateurfevad.fr/index.php/espace-consommateur/#toggle-id-10
The Customer is invited to contact the mediation services:
By post to the address: Médiateur du e-commerce de la FEVAD, 60 rue la Boétie - 75008 Paris, or
by filling in the online referral form on the mediator's website (https://xrm.eudonet.com/V7/app/specif/EUDO_03047/FEVAD/Formulaire.aspx).
It is also possible to resolve the dispute through the online dispute resolution platform set up by the European Commission, accessible at the following address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR.
Article 23. Annex 1: Withdrawal form
To exercise your right of withdrawal, please complete and send the following form by e-mail to the address: firstname.lastname@example.org or by post to the following address:
130 Rue de Courcelles - 75017 Paris – France
To the attention of the company SPPC
I hereby notify you of my withdrawal from the contract concerning the sale of the Product(s) below:
Order number :
Received on :
Customer Name :
Customer's address :
Customer's e-mail address :
I certify that the Product(s) are in their original condition, in their original packaging, unopened, unused and unworn.
Signature (only in case of notification of the form in paper version):
Article 24. Annex 2: Provisions relating to legal guarantees
For all practical purposes, the following legal provisions are recalled:
Article L. 217-5 of the French Consumer Code: "The goods conform to the contract: 1° If it is fit for the purpose usually expected of similar goods and, where applicable (a) if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model ; (b) if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling; 2° Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, brought to the seller's attention and accepted by the latter "
Article L217-7 of the French Consumer Code: "Defects of conformity that appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller can fight this presumption if it is not compatible with the nature of the good or the claimed lack of conformity."
Article L217-8 of the Consumer Code: "The buyer is entitled to demand the conformity of the goods to the contract. However, he cannot contest the conformity by invoking a defect that he knew or could not ignore when he contracted. The same applies when the defect originates in the materials he himself supplied.
Article L217-9 of the Consumer Code: "In case of lack of conformity, the buyer chooses between repairing or replacing the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, given the value of the goods or the importance of the defect. In such a case, he is required to proceed, unless it is impossible, according to the method not chosen by the buyer."
Article L217-10 of the Consumer Code: "If the repair and replacement of the good are impossible, the buyer can return the good and have the price returned or keep the good and have part of the price returned. The same option is open to him: 1° If the solution requested, proposed or agreed upon in application of article L. 217-9 cannot be implemented within a period of one month following the buyer's complaint; 2° Or if this solution cannot be implemented without major inconvenience for the buyer, given the nature of the good and the use he is seeking. However, the sale may not be cancelled if the lack of conformity is minor.
Article L217-11 of the French Consumer Code: "The application of the provisions of articles L. 217-9 and L. 217-10 is without any cost for the buyer. These same provisions do not prevent the allocation of damages.
Article L. 217-12 of the French Consumer Code: "The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L. 217-16 of the French Consumer Code: "When the buyer asks the Seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days shall be added to the duration of the warranty that remained to run. This period shall run from the date of the buyer's request for service or from the date the item in question is made available for repair, if this is after the request for service.
Article L. 221-18 of the Consumer Code: "The consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded at a distance, following a telephone canvassing or off-premises, without having to give reasons for his decision or to bear costs other than those provided for in Articles L. 221-23 to L. 221-25.
The time limit mentioned in the first paragraph runs from the day :
1° Of the conclusion of the contract, for the contracts of provision of services and those mentioned in article L. 221-4 ;
2° Of the reception of the good by the consumer or a third party, other than the carrier, designated by him, for the contracts of sale of goods. For contracts concluded off-premises, the consumer may exercise his right of withdrawal as of the conclusion of the contract.
In the case of an order for several goods delivered separately or in the case of an order for a good composed of multiple lots or parts whose delivery is staggered over a defined period, the period runs from the receipt of the last good or lot or part.
For contracts providing for the regular delivery of goods over a defined period, the time limit shall run from receipt of the first good."
Article L. 221-21 of the Consumer Code: "The consumer exercises his right of withdrawal by informing the trader of his decision to withdraw by sending, before the expiry of the period provided for in Article L. 221-18, the withdrawal form mentioned in 2° of Article L. 221-5 or any other unambiguous statement expressing his wish to withdraw.
The trader may also allow the consumer to fill in and transmit online, on his website, the form or the statement provided for in the first paragraph. In this case, the trader shall provide the consumer with an acknowledgement of receipt of the withdrawal on a durable medium without delay.
Article L. 221-23 of the Consumer Code: "The consumer shall return the goods to the trader or to person designated by the latter, without undue delay and, at the latest, within fourteen days of communicating his decision to withdraw in accordance with Article L. 221-21, unless the trader offers to collect the goods himself.
The consumer shall only bear the direct costs of returning the goods, unless the trader agrees to bear them or has failed to inform the consumer that these costs are to be borne by him. However, for off-premises contracts, where the goods are delivered to the consumer's home at the time of conclusion of the contract, the trader shall recover the goods at his own expense if they cannot be returned normally by post because of their nature.
The consumer may only be held liable in the event of depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the goods, provided that the trader has informed the consumer of his right of withdrawal, in accordance with the second paragraph of Article L. 221-5.
Article L. 221-24 of the Consumer Code: "When the right of withdrawal is exercised, the trader shall reimburse the consumer for all sums paid, including the delivery costs, without undue delay and no later than fourteen days from the date on which he is informed of the consumer's decision to withdraw.
For contracts for the sale of goods, unless the trader offers to collect the goods himself, the trader may postpone the refund until he has collected the goods or until the consumer has provided proof of dispatch of the goods, whichever is the earlier.
The trader shall make the refund using the same means of payment as the one used by the consumer.
The trader is not obliged to reimburse additional costs if the consumer has expressly chosen a more expensive method of delivery than the standard method proposed by the trader.
Article L. 221-27 of the Consumer Code: "The exercise of the right of withdrawal puts an end to the obligation of the parties either to perform the distance contract or the off-premises contract, or to conclude it when the consumer has made an offer.
The exercise of the right of withdrawal from a main distance or off-premises contract automatically terminates any ancillary contract, at no cost to the consumer other than those provided for in Articles L. 221-23 to L. 221-25."
Article L612-1 of the Consumer Code: "Any consumer has the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of a dispute between him and a professional. To this end, the professional guarantees the consumer effective recourse to a consumer mediation system.
The trader may set up his own consumer mediation scheme or offer the consumer recourse to any other consumer mediator meeting the requirements of this Title.
Where there is a consumer mediator whose competence extends to all the businesses in an area of economic activity to which he belongs, the professional shall always allow the consumer to have recourse to it.
The terms and conditions according to which the mediation process is implemented are specified by decree in the Council of State."
Article L612-2 of the Consumer Code: "A dispute cannot be examined by the consumer mediator when:
1° The consumer does not justify having tried, beforehand, to resolve his dispute directly with the professional by means of a written complaint according to the terms and conditions provided for, where applicable, in the contract ;
2° The request is manifestly unfounded or abusive;
3° The dispute has been previously examined or is being examined by another mediator or by a court;
4° The consumer made his request to the mediator more than one year after his written complaint to the professional;
5° The dispute does not fall within his field of competence.
The consumer is informed by the mediator, within three weeks from the receipt of his file, of the rejection of his request for mediation."
Article 1641 of the Civil Code: "The Seller is bound by the warranty for latent defects of the thing sold which render it unfit for the purpose for which it was intended, or which so diminish that purpose that the buyer would not have acquired it, or would have given only a lesser price for it, if he had known of them."
Article 1642 of the Civil Code: "The seller is not bound by apparent defects of which the buyer has been able to convince himself."
Article 1643 of the Civil Code: "He is bound by hidden defects, even if he did not know about them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee."
Article 1644 of the Civil Code: "In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price returned, or keeping the thing and having part of the price returned.
Article 1646 of the Civil Code: "If the seller was unaware of the defects of the thing, he will only be obliged to return the price, and to reimburse the buyer for the expenses incurred by the sale.
Article 1648 paragraph 1 of the Civil Code: "The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect."