Terms and Conditions of Sale

These terms and conditions of sale are concluded between the first party, the company FPPM INTERNATIONAL with a capital of 100,000 euros (one hundred thousand euros), whose head office is located at 91 rue Méridienne in Rouen, France, registered in the ROUEN Trade and Companies Register under number 537 749 095, hereinafter referred to as “FPPM INTERNATIONAL”, and the second party, being any individual of legal age who is capable of entering into a contract, or any legal entity (hereinafter referred to as “the Customer”) wishing to make a purchase via the website www.paulmarius.fr (hereinafter referred to as “the Site”). FPPM INTERNATIONAL holds the exclusive rights to use the French and European Union trademarks “PAUL MARIUS”.

Purpose

The purpose of these terms and conditions of sale is to define the contractual relationship between FPPM INTERNATIONAL and the Customer and the conditions applicable to any purchase made via the Site, whether the Customer is a business or a private consumer. Acquiring any goods or services through the Site implies unreserved acceptance by the Customer of these terms and conditions of sale. These terms and conditions of sale will prevail over all other general or specific conditions not expressly approved by FPPM INTERNATIONAL. FPPM INTERNATIONAL reserves the right to modify their terms and conditions of sale at any time. In this case, the terms and conditions of sale applicable to the sale of a product or service will be the terms published online on the Site at the time of the Customer’s order confirmation.

Characteristics of the goods and services offered

The products and services for sale on the Site by FPPM INTERNATIONAL are those appearing in the catalogue published on the Site. These products and services are available for sale for as long as they are shown on the site, subject to availability. The products being sold comply with current French legislation and the standards applicable in France. Should an item become unavailable after the order has been placed, FPPM INTERNATIONAL will inform the Customer by email or phone as soon as possible, offering the Customer the option of:

- exchanging it for another item of the same value

- partially cancelling the order

- totally cancelling the order

Each product is accompanied by a description of its essential characteristics as set out by FPPM INTERNATIONAL. The photographs in the catalogue are as accurate as possible, but there is no guarantee that they exactly represent the product being sold, particularly with regard to the colours and/or grain of the leather. These photographs are therefore not contractual in nature and FPPM INTERNATIONAL reserves the right to alter them at any time and without prior notice.

Prices

The Customer is billed for products based on the prices shown on the Site at the time they confirmed the order. FPPM INTERNATIONAL reserves the right to alter its prices at any time, however the selling price applicable to a product or service shall be that published online on the Site at the time the Customer confirmed the Order.

The prices are given in Euros, all taxes included (for France and EU countries). If the Customer is visiting the site from outside the EU, the prices will automatically be displayed and charged exclusive of tax. The prices indicated do not include the costs of order processing, transport, and delivery. Any tax, duty, fee, or other service that must be paid owing to French regulations, or the regulations of an importing country or country of transit, are borne by the Customer. Any change in the VAT rate will be implicitly reflected in the price of the products on the date stipulated by the implementing decree.

Orders

Registration conditions

Order confirmation requires prior creation of a personal account on the Site. This account shall be used to store the billing and delivery information for this and subsequent orders. The Customer will be asked to create their own password so that they may use this account in future. Account creation is free. The username and password giving the Customer access to the Site are confidential and must not be disclosed to third parties. After creating an account, the Customer will receive a confirmation of their registration by email.

The Customer may deactivate their account at any time by sending an email to Customer Service at relationclient @ paulmarius.fr. After deactivating their account, the Customer is free to create a new account at any time.

Order process

The Customer shall place an order with FPPM INTERNATIONAL according to the following procedure:

 

  • The Customer selects the product(s) that they want to order and the quantity, then adds them to their basket by clicking on the “Add to my basket” tab
  • Once they have finished filling their basket, the Customer clicks on the “Place order” tab
  • If this is the Customer's first order, they must create a customer account by entering their email address and password in the “Create account” section and then must confirm them by clicking on the “Register” tab; or if they already have a customer account, they must enter their username and password (unless the Customer is already logged into their personal space)
  • If this is the Customer's first order, the Customer must then enter the personal details required for identifying them and executing the order (first name, last name, country, phone number, mobile phone number, email address, password, billing address and delivery address)
  • The Customer confirms registration of their personal details by clicking on the “Proceed to next step” tab
  • The Customer then selects the desired delivery method before clicking on the “Confirm delivery” tab
  • The Customer selects their payment method from the following: bank card, bank transfer or PayPal and then clicks on the “Proceed to next step” tab
  • The Customer is then shown a summary of their order and can check and correct it if necessary
  • The Customer definitively confirms their order by clicking on the “Confirm my order” tab, after having expressly agreed to these terms and conditions of sale by ticking the box provided for this purpose
  • Lastly, the Customer is directed to the bank site where they must pay the total sum for their order by entering their bank card details and clicking on the “Pay” tab.

The Customer acknowledges that they are perfectly aware that their agreement to the content of these terms and conditions of sale does not require a handwritten signature, considering that they are ordering the products online. In accordance with Article 1127-2 of the French Civil Code, any online order form signed by the Customer using the “double click” method constitutes an irrevocable acceptance. The “double click” associated with the authentication, non-repudiation and message integrity protection procedure constitutes an electronic signature. This electronic signature is equivalent to a handwritten signature between the parties.

 

The digital records, kept in FPPM INTERNATIONAL's computer systems under reasonable security conditions, are considered as proof of the communications, orders and payments between the parties. The order forms and invoices must be archived on a reliable and durable medium that can be legally produced as proof.

 

The Customer has the option of saving or editing these terms and conditions of sale, it being understood that both saving and editing this document are at the Customer’s sole responsibility.

The contractual information is available in French or English depending on the language chosen by the Customer and which is confirmed by email on delivery at the latest.

The Customer must check that the details they give FPPM INTERNATIONAL are comprehensive and compliant. FPPM INTERNATIONAL cannot be held responsible for any input errors and any consequences in terms of delays or delivery errors. As such, all costs incurred for re-delivery shall be borne by the Customer.

Once confirmed, the order shall be sent to FPPM INTERNATIONAL for processing. The Customer's order is then deemed firm and final, and the Customer may not change or cancel it, except in the cases provided for by law.

FPPM INTERNATIONAL reserves the right not to accept an order from a Customer if they are involved together in a payment dispute about a previous order, or if FPPM INTERNATIONAL reasonably believes that this Customer has breached these terms and conditions of sale or that they have engaged in fraudulent activity, or for any other legitimate reason.

Terms of payment

The total sum must be paid at the time of ordering. All orders are payable in Euros. The Customer has the choice between the following payment methods when paying for their order:

  • Bank card: Payments by bank card will be made via the 3D SECURE system which uses the SSL (Secure Socket Layer) protocol so that the information sent is encrypted by software and no third party is able to intercept this while it is being transmitted across the network
  • Bank transfer: Any bank transfer fees will be fully charged to the Customer
  • PayPal/APPLE PAY/GOOGLE PAY: This secure payment method has all the same guarantees as a bank card transaction.

If their bank card has been used fraudulently, Customers should inform FPPM INTERNATIONAL as soon as they notice this, by calling the customer service department on the phone number given in the “Contact” article of these terms and conditions.

FPPM INTERNATIONAL also reserves the right to decline an order from a Customer who has not paid for a previous order (including partial payment) or with whom they are currently involved in a payment dispute. All payment will only be considered final after effective and complete collection of the sum due. The order will only be processed and shipped after verifying the method of payment and after receiving the bank transfer or the debit authorisation for the bank card or PayPal account.

Deliveries

Order processing

Processing time is not included in the delivery time. Once an order has been registered and paid for, it will be processed and dispatched within 24 hours (working days). Order processing times may take longer in the following exceptional cases: peak business periods (e.g. Christmas and New Year), temporary stock shortages, force majeure. FPPM INTERNATIONAL commits to informing the Customer in advance of this, either by phone or email.

If the Customer selects 24-hour delivery by UPS at €13.90, their order will be picked up by the carrier on the same day, provided that it has been paid for before 11.30 a.m. Any order placed after this time will be picked up by the carrier the next day for delivery the day after, i.e. delivery within 48 hours, including processing time. UPS deliveries are delivered from Monday to Friday only, excluding public holidays.  

Parcels will be delivered to the address indicated on the order form. FPPM INTERNATIONAL cannot be held responsible for any input errors and any consequences in terms of delays or delivery errors. As such, all costs incurred for re-delivery shall be borne by the Customer.

Should there be any damage during transport, we would prefer the customer to reject the parcel while the carrier is still there and to write their express reservations on the delivery note. If the consumer takes delivery of the goods personally but the carrier does not give them the opportunity to check the condition of the goods, they must send the carrier a complaint with proof of their reasons within ten days.

The shipping costs are calculated based on the country of delivery indicated. These costs are payable by the Customer in addition to the price of the products purchased.

FPPM INTERNATIONAL cannot be held responsible for delays in delivery or failures to perform the contract arising from the consumer’s actions or in the event of force majeure.

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Delivery costs

Mainland France, Monaco, Corsica:

5€90 Unsigned-for home delivery in 48 to 72 hours* (Colissimo) - free shipping with purchases of 40 euros and up

Belgium:

5€90 Unsigned-for home delivery in 2 to 5 days* (Colissimo) - free shipping with purchases of 40 euros and up 

Germany, Switzerland, United Kingdom, Italy, Spain, Portugal, Luxembourg:  

5€90 Signed-for home delivery in 2 to 5 days* (Colissimo) - free shipping with purchases of 40 euros and up

European Community and French Overseas Departments and Territories:   

15€00 signed - for home delivery within 3 to 5 days* (Colissimo) 

Other countries in the world:  

35€00 signed-for home delivery within 3 and 7 days* (Colissimo)

 

(*subject to Colissimo)

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Should the products purchased show any non-conformities or if the Customer is not happy with them, the latter may return them or request an exchange or refund under the conditions provided for in the “Returns - Exchanges - Refunds” section.

Late delivery

As soon as the Customer notices a delay in delivery, and hasn’t been informed of it by FPPM INTERNATIONAL, it is the Customer's responsibility to inform FPPM INTERNATIONAL by email or by registered letter with acknowledgement of receipt addressed to the contact details mentioned in the “Contact” article of these general terms and conditions. FPPM INTERNATIONAL shall then contact the carrier to start an investigation into the package’s status.

In accordance with the provisions of article L. 216-6 of the French Consumer Code, the Customer may cancel the sales contract, by registered letter with acknowledgement of receipt sent to the contact details mentioned in the “Contact” article of these general conditions or by a written document on another durable medium, if, after having, in accordance with these terms and conditions, asked FPPM INTERNATIONAL to deliver the items or to provide the product(s) or service(s) concerned within a reasonable additional period of time, the latter has not complied with this period. In accordance with the provisions of Article L. 216-7 of the French Consumer Code, FPPM INTERNATIONAL is obliged to reimburse the Customer for all sums paid, at the latest within 14 (FOURTEEN) days of the date on which the contract was terminated. The sum paid by the Customer shall be increased by a 10% late payment fee if they are reimbursed within thirty days after this period, by 20% up to sixty days and by 50% any time after that.

Returns/Exchanges/Refunds

In accordance with the provisions of Articles L.221-18 et seq. of the French Consumer Code, the Customer has a right of withdrawal of 14 (FOURTEEN) days after receiving the products ordered. When this period expires on a Saturday, Sunday, or public holiday, it is extended until the next working day.

Any Customer who wishes to exercise their right of withdrawal, must inform FPPM INTERNATIONAL of their decision by means of an unambiguous statement within the above-mentioned period and must do this:

  • Either on the online returns interface of their customer account (“my account”/“my invoices” section): during the return process, the Customer must select the product(s) to be returned and then choose whether they want an exchange or a refund. An overview email of the return will be sent to the customer with a return number
  • Or by email or registered letter with acknowledgement of receipt to the address given as FPPM INTERNATIONAL's head office, at the contact details specified in the “Contact” article herein (the Customer can use the withdrawal form attached to the last page of these terms and conditions of sale for this purpose but this is not obligatory).

If the product(s) concerned was/were given as a gift, it is the Customer who must request the return and not the gift’s recipient.

 

The Customer must also return the products to the following address:

FPPM INTERNATIONAL/PAUL MARIUS

15 B RUE DU MADRILLET

76300 SOTTEVILLE LÈS ROUEN

FRANCE

 

The product(s) must be returned with a copy of the relevant invoice in their original packaging (with the exception of non-essential elements of the packaging and/or those which had to be altered so that the Customer could visually assess the characteristics of the product(s) in question), in perfect condition, without any marks of any kind on them, with all their accessories, ensuring that the traceability elements of said Products have been kept (FPPM INTERNATIONAL labelling and barcode), at the latest within 14 (FOURTEEN) days after the Customer has informed the company of their decision to withdraw, in accordance with Article L. 221-23 of the French Consumer Code, with the Customer bearing entirely the cost of returning the products. Furthermore, FPPM INTERNATIONAL is not obliged to reimburse any additional fees if the Customer has expressly chosen a more expensive delivery method than the standard delivery method offered by FPPM INTERNATIONAL.

FPPM INTERNATIONAL shall then reimburse the Customer in full for the sums paid at the time of the order, within a maximum period of 14 (FOURTEEN) clear days following the date on which it is informed of the Customer's decision to withdraw. FPPM INTERNATIONAL may, however, defer reimbursement until the products have been received or until the Customer has provided proof that they have shipped these products, with the effective date being whichever of these happens first.

After this date, the sums due shall be increased by a late payment fee at the legal interest rate if the Customer is refunded at the latest 10 (TEN) days after the expiry of the above-mentioned period, by 5% if the delay is between 10 (TEN) and 20 (TWENTY) days, 10% if the delay is between 20 (TWENTY) and 30 (THIRTY) days, 20% if the delay is between 30 (THIRTY) and 60 (SIXTY) days, 50% between 60 (SIXTY) and 90 (NINETY) days and five additional catch-up percent for each new month of delay up until the full price of the product, and then the legal interest rate.

FPPM INTERNATIONAL shall refund the Customer by crediting the latter’s bank card unless the Customer expressly agrees to use another means of payment and insofar as the reimbursement does not incur costs for the Customer.

If the conditions required for product returns are not met, FPPM INTERNATIONAL may deduct, where applicable, the following from the refund amount: a percentage of the sale price equivalent to the missing products’ sales prices, as well what it may cost to repair, replace and/or restore any products that may have been damaged by any handling other than that required to establish the nature, characteristics and full operation of the product, in accordance with the provisions of Article L.221-23 of the French Consumer Code.

Any purchase made on our website between 1 November 2021 and 31 December 2021 is exchangeable or refundable until 31 January 2022, without prejudice to the application of the aforementioned right of withdrawal. 

After-sales service - Complaints

Information about legal guarantees

FPPM INTERNATIONAL is liable for defects in conformity and hidden defects in products, under the conditions set out in Articles L. 217-3 et seq. of the French Consumer Code and Articles 1641 et seq. of the French Civil Code.

Regarding the guarantee for defects of conformity in goods under the contract as set out in articles L. 217-3 et seq. of the French Consumer Code, the Customer is hereby informed:

  • that they have a period of 2 (TWO) years from the delivery of the goods to take action
  • that they may choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-12 of the French Consumer Code
  • that the Customer is exempt from proving the existence of the non-conformity in the goods during the 24 (TWENTY-FOUR) months following the delivery of said goods.

Furthermore, if the Customer chooses to implement the guarantee against hidden defects in sold goods within the meaning of Article 1641 of the French Civil Code, they may either choose to terminate the sale or accept a reduction in the sales price in accordance with Article 1644 of the French Civil Code.

Non-conforming products or products affected by a hidden defect

If the Customer wishes to implement the aforementioned guarantees, they must send a complaint to FPPM INTERNATIONAL by email, confirmed by registered letter with acknowledgement of receipt, to the address and phone number listed in the “Contact” article of these general terms and conditions, indicating the nature of the Product’s non-conformity or hidden defects, as well as the product references from their order.

The Customer must attach one or more photos showing the damage to or the defect(s) in the Product(s) to their complaint. If the packaging is damaged on delivery, the Customer should inform FPPM INTERNATIONAL of this as soon as the parcel is delivered so that it can take action against the carrier if necessary. After checking the information provided by the Customer, FPPM INTERNATIONAL must send the missing products and/or replace the non-conforming or defective products within the timeframes specified under the heading “Late delivery” above. FPPM INTERNATIONAL has the right to make delivery of the new replacement products conditional upon the Customer first sending back the non-conforming or defective products to which the complaint applies. The Customer bears the costs of this reshipment, for which they will be reimbursed by FPPM INTERNATIONAL after the latter checks the documentary evidence presented by the Customer to support their request. No return shall be accepted without prior agreement and without first sending the Customer a number and a return agreement form.

The defective Product must be returned to FPPM INTERNATIONAL in its complete original packaging (with the exception of non-essential elements of the packaging and/or those which had to be altered so that the Customer could visually assess the characteristics of the product(s) in question), ensuring that the traceability elements of said Products have been kept (FPPM INTERNATIONAL labelling and barcode), and after protecting the parcel with additional external packaging with a visible mention of the return number the Customer has been given by FPPM INTERNATIONAL, with the printed return form being included in the package also.

After verifying the information provided by the Customer in their complaint, the latter may choose to receive a refund reflecting the Product’s sales price in exchange for its return, or they can choose for the Product to be repaired or exchanged.

If no complaints are sent to FPPM INTERNATIONAL by the Customer within the period provided for in Article L.217-3 of the French Consumer Code, the products delivered shall be deemed as being compliant with the order.

Responsibility 

FPPM INTERNATIONAL cannot be held liable if it is unable to execute the online sales contract due to a case of force majeure or a fault on the part of the Customer.

Force Majeure 

Assuming that a case of force majeure has occurred preventing FPPM INTERNATIONAL from fulfilling its obligations, the online sales contract shall be suspended immediately, as soon as the Customer notifies FPPM INTERNATIONAL by email or by registered letter with acknowledgement of receipt, without prejudice, however, to the Customer's right to exercise the right of withdrawal provided for in Article L. 221-18 of the French Consumer Code.

When the event that prevented FPPM INTERNATIONAL from fulfilling the contract has ended, the latter shall inform the Customer of this by the means of an email or a registered letter with acknowledgement of receipt, and the online sales contract shall resume, becoming immediately effective from the date of said notification.

Intellectual property

The general structure of the Site, the texts, the data, and the graphic elements (whether animated or not) are protected as such by the laws for intellectual property, especially those relating to copyright, designs and models and trademark law, and by international treaties. No one is authorised to reproduce, exploit, republish (which includes creating a hypertext link), or use the general structure of the Site, its software, text, data, photographs, videos, graphic or sound elements, as well as the “PAUL MARIUS” brand for any purpose whatsoever, whether wholly or partially, without FPPM INTERNATIONAL’s express prior written.

 Any person who downloads or collects information published on the Site has only a private, personal, and non-transferable right to use it. The information collected may only be reproduced on paper or digitally once. Any use of the information collected must mention the source.

The protected works reproduced on the Site and not belonging to FPPM INTERNATIONAL appear legitimately, the latter having received the right holder’s express and prior authorisation for their reproduction.

The hypertext links directing to other sites are provided for internet users’ personal convenience, however FPPM INTERNATIONAL has no control over these sites and accepts no responsibility for them, with such pages remaining the sole responsibility of their owners.

Personal data

The Customer may view the document setting out our personal data protection policy by clicking here. By accepting these terms and conditions of sale, the Customer declares that they have read our policy for the protection of personal data and that they have accepted it unreservedly, in its entirety.

 Security and confidentiality

FPPM INTERNATIONAL has implemented security measures to protect the Customer's personal data against any unauthorised access by third parties or any misuse of its network and databases. FPPM INTERNATIONAL guarantees that any personal data sent to it by the Customer will be kept confidential. FPPM INTERNATIONAL has restricted access to this data to those members of its staff who need to know it in order to fulfil the company’s contract fully and who have signed a confidentiality agreement. However, FPPM INTERNATIONAL cannot guarantee that personal data will not be intercepted during transit via the Internet.

Purposes of the use of personal data

i.FPPM INTERNATIONAL may collect any of the Customer’s details and personal data (first name, last name, address, email address, phone number, bank details, etc.) that it needs to enable it to process the order, ship it and draw up the invoice. The requirement for provision of personal data therefore presupposes the signing of a contract between FPPM INTERNATIONAL and the Customer.  Consequently, the Customer is required to provide the above-mentioned personal data in order to place an order on the Website.

ii.FPPM INTERNATIONAL may use this data for internal statistical purposes in order to improve the quality of is service to Customers, but will ensure that it only retains this data for the time necessary to analyse these statistics, in accordance with its legal obligations.

FPPM INTERNATIONAL may also send the Customer the FPPM INTERNATIONAL Newsletter as well as any information about the new Products available for sale and current promotions using the email address the Customer has given it. If the Customer wishes to receive such messages, they may indicate this by ticking the box “I agree to receive information from FPPM INTERNATIONAL” when ordering. Similarly, if they no longer wish to receive these messages, the Customer has the option of changing their choice by clicking on the “Click here to unsubscribe” link appearing on the Newsletter thus received.

iii.The Customer's consent constitutes a legal basis for FPPM INTERNATIONAL's processing of their personal data. The Customer may withdraw their consent at any time without prejudice to the company’s lawful right to process their data based on the Customer having given their consent prior to withdrawing said consent.

FPPM INTERNATIONAL shall not pass on the Customer's personal data to third parties for the purposes of canvassing.

Right of access, rectification, portability and deletion of personal data

In accordance with Regulation (EU) 2016/679 of 27 April 2016 about personal data protection during its processing and the free movement of such data (GDPR) and with Law No. 78-16 of 6 January 1978 about Data Processing, Files and Individual Liberties, the Customer has a right to access, rectify, and modify their data and a right to the portability and deletion of their personal data, which they may exercise at any time by contacting FPPM INTERNATIONAL and providing proof of their identity, at the following address:

  • by email: relationclient @ paulmarius.fr
  • by phone: +33 (0)9 53 10 95 69
  • by post: FPPM INTERNATIONAL, Customer Service, 91, rue Méridienne, 76100 ROUEN, France

The right to limit and oppose the processing of personal data

In accordance with the aforementioned Regulation and Law, the Customer has the right to limit the processing of their personal data, especially when disputing the accuracy of the data collected or the lawfulness of its processing.

They also have the option, for reasons arising from their particular situation, to oppose the processing of their personal data. As regards canvassing, this right may be exercised without having to provide a legitimate reason.

The right to lodge a complaint with a supervisory authority

Without prejudice to any other administrative or judicial remedy, the Customer has the right to lodge a complaint with the French National Commission for Data Protection and Civil Liberties (CNIL), whose contact details can be accessed via the website www.cnil.fr.

Anonymous data/cookie technology

FPPM INTERNATIONAL may use “cookie” technology, which is a small computer file sent to the browser and stored on the user's computer hard drive. Cookies cannot be used to discover the user’s identity.

Generally speaking, this cookie records anonymous information about the user's computer navigation of the site (the pages viewed, the date and time of viewing, etc.), which FPPM INTERNATIONAL can read to improve the content of its website as well as customisint the latter to fulfil users’ needs.

In such cases, the cookie is likely to contain the details Customer has provided when filling in the forms provided by FPPM INTERNATIONAL on its website. Thus, on their next visit, the Customer will not need to fill in these form that FPPM INTERNATIONAL has provided again.

Site users may reject the storing of cookies on their computer by configuring their browser and/or by opting for the various choices they are given when they access the Site's home page.

The Customer may view the document setting out our cookie policy in full by clicking here. By accepting these terms and conditions of sale, the Customer declares that they have read our cookie policy and they accept it unreservedly, in its entirety.

BLOCTEL phone spam-blocking service

The Customer is hereby informed that they have the option of registering free of charge on the BLOCTEL phone spam-blocking list (www.bloctel.gouv.fr) if they no longer wish to be canvassed by phone by a professional with whom they have no current contractual relationship, in accordance with Article L.223-2 of the French Consumer Code. Any consumer can register free of charge on this list at https://conso.bloctel.fr/index.php/inscription.php.

Contact details

For any questions or complaints relating to products or their order, the Customer may contact PAUL MARIUS/FPPM at the following address

  • by email: relationclient @ paulmarius.fr
  • by phone: +33 (0)9 53 10 95 69 (Monday to Thursday, from 8.30am to 12.30pm and from 1.30pm to 6.30pm, Friday, from 9.00am to 12.30pm French time)
  • by post: FPPM INTERNATIONAL, Customer Service, 91, rue Méridienne, 76100 ROUEN, France

Legal notices

Articles L. 217-3 to L. 217-17, L. 217-28, and L. 217-30 of the French Consumer Code, as well as article 1641 and the first paragraph of article 1648 of the French Civil Code, which the Customer expressly acknowledges having read prior to ordering, are reproduced below.

 

FRENCH CONSUMER CODE:

 

Article L217-3

The seller is required to deliver goods in conformity with the contract and with the Criteria set out in Article L. 217-5.

They shall be liable for any lack of conformity existing at the time that the goods are delivered within the meaning of Article L. 216-1, appearing within two years of delivery. (...)

The seller shall also be liable, during the same period, for any lack of conformity resulting from the packaging, the assembly instructions, or the installation when this has been charged to it by the contract or has been carried out under its responsibility, or when the consumer is given the responsibility for installing it under the contract and has carried this out incorrectly due to gaps or errors in the installation instructions provided by the seller.

This warranty period shall apply without prejudice to Articles 2224 et seq. of the French Civil Code. The start of the consumer’s limitation period for taking action is considered the day when the consumer becomes aware of the lack of conformity.

 

Article L217-4

In order to comply with the contract, the goods must, where applicable:

1. Correspond to the description, type, quantity, and quality, especially with regard to functionality, compatibility, interoperability or any other characteristic provided for in the contract;

2. Be fit for any special purposes sought by the buyer, brought to the attention of the seller, and accepted by them at the time of concluding the contract at latest and which the latter has accepted;

3. Be delivered with all their accessories and installation instructions which must be provided in accordance with the contract;

4. Be updated in accordance with the contract.

 

Article L217-5

I.-In addition to the criteria for conformity with the contract, the good is in conformity if it meets the following criteria:

1. It is fit for the purpose usually expected of such goods and, taking into account, where applicable, any provisions of European Union law and national law as well as all technical standards or, in the absence of such technical standards, the specific best practices applicable to the sector concerned;

2. Where applicable, it must possess the qualities that the seller has presented to the buyer in the form of a sample or model before the conclusion of the contract;

3. Where applicable, the digital elements it contains are the most recent version available at the time the contract was concluded, unless the parties agree otherwise;

4. Where applicable, it must be delivered with all the accessories, including packaging, and installation instructions that the consumer may legitimately expect;

5. Where applicable, it must be supplied with the updates that the consumer may legitimately expect, in accordance with the provisions of Article L. 217-19;

6. It corresponds to the quantity, quality, and other characteristics, including durability, functionality, compatibility, and safety, that the consumer can legitimately expect for goods of the same type, taking into account the nature of the goods and 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 any statements in the advertising or on the labelling.

II - However, the seller is not bound by any of the public declarations mentioned in the preceding paragraph if they demonstrate:

1. That they did not know of them and were not legitimately in a position to be aware of them;

2. That at the time the contract was concluded, the public declarations had been corrected under conditions comparable to the initial declarations; or

3. That the public declarations could not have influenced the decision to buy.

III. the consumer may not contest a product’s conformity by invoking a defect concerning one or more particular characteristics of the goods, which they were specifically informed deviated from the criteria of conformity set out in this article, and which constituted a deviation to which they expressly and separately agreed upon concluding the contract.

 

Article L217-6

When, in connection with the contract, personal data is processed by the professional, a failure on their part to comply with their obligations under Regulation (EU) 2016/679 of 27 April 2016 and Law No. 78-17 of 6 January 1978 for Data Processing, Files and Individual Liberties, where such failure results in non-compliance with one or more of the criteria for compliance set out in this section, shall be treated as a failure to comply, without prejudice to the other remedies provided for by these texts.

 

Article L217-7

Defects of conformity that appear within twenty-four months of the goods being delivered, including goods with digital elements, are, in the absence of proof to the contrary, presumed to have existed at the time of delivery, unless this assumption is incompatible with the nature of the goods or of the defect claimed.

For second-hand goods, this period is twelve months.

When the contract for the sale of goods with digital components provides for the continuous supply of digital content or a digital service, any lack of conformity which appears at the time the goods are delivered shall be presumed to exist:

1. During a period of two years from the delivery of the goods, when the contract provides for this supply during a period of two years or under or when the contract does not specify the duration of the supply;

2. During the period during which the digital content or service is provided under the contract, where the contract provides for such provision for a period of over two years.

 

Article L217-8

In case of lack of conformity, the consumer has the right to have the digital content or service brought into conformity through repair or replacement or, failing that, to have the price reduced or the contract rescinded under the conditions listed in this sub-section.

The consumer is entitled to withhold payment of all or part of the price or the remission of the benefit provided for in the contract until the seller has fulfilled their obligations under this Chapter, in accordance with Articles 1219 and 1220 of the French Civil Code.

The provisions of this chapter are without prejudice to the award of damages.

 

Article L217-9

The consumer is entitled to demand that the goods comply with the criteria set out in subsection 1 of this section.

The consumer shall request the seller to bring the goods into conformity, choosing between repair and replacement. As such, the consumer must make the goods available to the seller for this purpose.

 

Article L217-10

The goods must be brought into conformity within a reasonable period of time, which may not exceed thirty days following the consumer's request and without major inconvenience to the consumer, taking into account the nature of the goods and how the consumer intends to use them.

The repair or replacement of the non-conforming goods shall include, where appropriate, the collection and return of the goods and the installation of the repaired or replacement goods by the seller.

A decree shall specify the procedures for bringing the goods into conformity.

 

Article L217-11

The goods shall be brought into conformity at no cost to the consumer.

The consumer is not required to pay for their normal use of the replaced good during the period prior to its replacement.

 

Article L217-12

The seller may choose not to proceed with the choice made by the consumer if the requested compliance is impossible or entails disproportionate costs, particularly considering:

  1. The value that the goods would have if there was no non-conformity
  2. The seriousness of the lack of conformity, and
  3. The possibility of choosing the other option without major inconvenience to the consumer

The seller may refuse to bring the goods into conformity if this is impossible or if it incurs costs disproportionate to 1. and 2.

Where these conditions are not met, the consumer may, after formal notice, demand the compulsory execution in kind of the solution initially requested, in accordance with Articles 1221 et seq. of the French Civil Code.

Any refusal by the seller to proceed according to the consumer’s choice or to bring the good into conformity must be justified in writing or on a durable medium.

 

Article L217-13

Any goods repaired as part of the legal guarantee of conformity shall be given a six-month extension of this guarantee.

Where the consumer chooses to have the goods repaired but they are not repaired by the seller, bringing the goods into conformity by replacing them results in these repaired goods being given a new warranty period, to the consumer’s benefit. This provision applies from the day the replacement goods are delivered to the consumer.

 

Article L217-14

The consumer has the right to a reduction in the price of the goods or to rescind the contract in the following cases

  1. When the seller has refused to bring the good into conformity
  2. When the goods are brought into conformity after a period of thirty days following the consumer's request or if it causes them a major inconvenience
  3. If the consumer definitively bears the cost of taking back or collecting the non-conforming goods, or if they are installing the repaired or replacement goods or bearing the related costs
  4. If the lack of conformity persists despite the seller's attempt to bring the goods into conformity.

The consumer is also entitled to a reduction in the price of the goods or to rescission of the contract where the lack of conformity is so serious as to justify immediate reduction in price or rescission of the contract. The consumer is then not obliged to request repair or replacement of the goods beforehand.

The consumer is not entitled to rescind the contract if the lack of conformity is minor, which the seller will be called upon to prove. This paragraph does not apply to contracts in which the consumer does not pay a price.

 

Article L217-15

In the cases provided for in Article L. 217-14, the consumer must inform the seller of their decision to obtain a reduction in the goods’ price.

The reduction in price shall be proportional to the difference between the value of the goods delivered and the value the goods would have had if they had no non-conformity.

 

Article L217-16

In the cases provided for in Article L. 217-14, the consumer must inform the seller of their decision to cancel the contract. They will return the goods to the seller at the latter's expense. The seller will reimburse the consumer for the sum they paid and return any other benefit received under the contract.

If the lack of conformity relates only to certain goods supplied under the contract of sale, the consumer has the right to rescind the contract for the whole of the goods, even those not covered by this chapter if they cannot reasonably be expected to keep only the conforming goods.

For the contracts mentioned in Article L. 217-1 II, providing for the sale of goods and, as an accessory, the provision of services not covered by this chapter, the consumer has the right to rescind the entire contract. In addition, as regards bundled offers within the meaning of Article L. 224-42-2, the consumer has the right to rescind all the related contracts. (...)

 

Article L217-17

The seller will reimburse the consumer for the sums owed the latter under this sub-section upon receipt of the goods or after seeing proof of their return by the consumer and within the following fourteen days at the latest.

The seller shall reimburse these sums using the same means of payment as the one used by the consumer when they concluded the contract unless the latter expressly agrees and this shall not incur any additional cost.

 

Article L217-28

During the validity period of the legal or sales guarantee that the consumer was given on acquiring or repairing the goods, any period during which this item is unavailable or unusable following a repair request to the guarantor shall suspend the period of guarantee remaining to the Customer until the repaired item is returned to them.

This period runs from the date of the consumer's repair request or from the time the goods are provided for repair or replacement, whichever the consumer prefers.

The guarantee period is also suspended in the event of negotiations between the consumer and the seller with a view to an amicable settlement.

 

Article L217-30

The provisions of this chapter shall not deprive the consumer of the right to proceed with any action resulting from the warranty for hidden defects as set out in Articles 1641 to 1649 of the French Civil Code or any other action of a contractual or extra-contractual nature recognised by the law.

When a restriction resulting from violating any third party rights, especially intellectual property rights, prevents or limits the use of the good in accordance with the provisions of Articles L. 217-4 and L. 217-5, the voiding of the contract or any other action of a contractual or extra-contractual nature may be incurred by application of the French Civil Code’s provisions.

 

FRENCH CIVIL CODE:

 

Article 1641

The seller is bound by the guarantee against hidden defects in sold goods  which renders the goods unfit for its intended use or which diminishes its use in such a way that if the purchaser had been aware of this they would not have bought it or only at a lower price.

 

Article 1648

An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.

 

Withdrawal form

Please complete and return this form only if you wish to withdraw from the contract

For the attention of

SAS FPPM INTERNATIONAL

91 rue Méridienne 76100 Rouen, France.

Tel: +33 (0)9 53 10 95 69

Mail: relationclient @ paulmarius.fr

 

I hereby notify you of my withdrawal from the contract for the sale of the goods below:

Product ref and description of the product(s) ordered

Ordered on (*)/received on (*)

Order number

Customer's name

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