General Terms and Conditions of Online Sales to Individual Consumers
 

Preamble
 

These general terms and conditions of sale apply to all sales concluded on the Herbaux-Paris website owned by the Herbaux brand.

The website https://www.herbaux-paris.com/ is a service of the individual company Herbaux located at 44 rue de laetitia, 92500, Rueil-Malmaison, France. With the website URL https://www.herbaux-paris.com/, the following email: herbaux.contact@gmail.com, and the phone number +33 6.32.50.22.07.
 

The Herbaux-Paris website sells the following products: Perfumes, candles & ambient fragrances.

The Customer declares having read and accepted the sales conditions prior to placing their order. The validation of the order therefore implies acceptance of the general terms and conditions of sale.
 

Article 1 – Principles

These general terms express the entirety of the obligations of the parties. In this sense, the buyer is deemed to accept them unconditionally. These general terms and conditions of sale apply to the exclusion of all other conditions, especially those applicable to sales in stores or through other distribution and marketing channels.

They are accessible on the Herbaux-Paris website and will prevail, if necessary, over any other version or any other contradictory document.

The seller and the buyer agree that these general terms exclusively govern their relationship. The seller reserves the right to occasionally modify its general terms. They will be applicable as soon as they are online.

If a sales condition were to fail, it would be considered to be governed by the practices in force in the distance selling sector for companies based in France.

These general terms and conditions of sale are valid until January 1, 2024.
 

Article 2 – Contents

The purpose of these general terms is to define the rights & obligations of the parties in the context of online sales of goods offered by the seller to the buyer, from the Herbaux-Paris website.

These conditions only concern purchases made on the Herbaux-Paris website and delivered exclusively in mainland France or Corsica.

For any delivery in the DOM-TOM or abroad, please send a message to the following email address: herbaux.contact@gmail.com.

These purchases concern the following products: Perfumes, candles & ambient fragrances.
 

Article 3 – Pre-contractual Information

The buyer acknowledges having been informed, prior to placing his order and concluding the contract, in a clear and understandable manner, of these general terms and conditions of sale and all the information listed in Article L.221-5 of the Consumer Code.
 

The following information is clearly and understandably communicated to the buyer:

• the essential characteristics of the good;

• the price of the good and/or the method of calculating the price;

• if applicable, all additional transport, delivery, or postage costs
   

and any other potential charges;

• in the absence of immediate contract execution, the date or deadline by which the seller commits to delivering the good, regardless of its price;

• information relating to the identity of the seller, its postal, telephone, and electronic contact details, and its activities, information relating to legal guarantees, the functionalities of digital content and, where applicable, its interoperability, the existence and implementation methods of guarantees and other contractual conditions.
   

In a clear and understandable manner, the buyer is provided with the following information:

• essential characteristics of the product;

• the price of the product and/or how the price is calculated;

• if applicable, any additional transport, delivery, or postage costs and any other potential charges;

• if the contract isn't executed immediately, the date or deadline by which the seller commits to delivering the product, regardless of its price;

• information about the seller's identity, its postal, phone, and electronic contact details, and its activities, information about legal guarantees, functionalities of digital content, and, if applicable, its interoperability, the existence and methods of implementing guarantees, and other contractual conditions.

 

Article 4 – The Order

The buyer has the option to place his order online, from the online catalog and using the form therein, for any product, subject to availability.

The buyer will be informed of any unavailability of the ordered product or item.

For the order to be validated, the buyer must accept these general terms and conditions by clicking where indicated. He must also choose the delivery address and method, and finally validate the payment method.

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The sale will be considered final:

• after sending the buyer the confirmation of the order's acceptance by the seller via email;

• and after the seller has received full payment.
   

Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will occur within the framework of a possible exchange and the guarantees mentioned below.

In certain cases, such as non-payment, incorrect address, or another issue with the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.

For any questions regarding the tracking of an order, the buyer can call the following phone number: +33 6.32.50.22.07 (cost of a local call), on the following days and times: Monday to Saturday, from 8 am to 9 pm, or send an email to the seller at the following email address: herbaux.contact@gmail.com.

 

Article 5 – Electronic Signature

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The online provision of the buyer's credit card number and the final validation of the order will constitute proof of the buyer's agreement:

• liability for amounts due under the order form;

• signature and express acceptance of all operations carried out.
   

In the event of fraudulent use of the credit card, or another payment method, the buyer is advised, upon noticing this use, to contact the seller at the following phone number: +33 6.32.50.22.07 or by email: herbaux.contact@gmail.com.

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Article 6 – Order Confirmation

The seller provides the buyer with an order confirmation by email.

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Article 7 - Proof of Transaction

The computerized records, kept in the seller's computer system under reasonable security conditions, will be considered as proofs of communications, orders, and payments made between the parties. The archiving of order forms and invoices is carried out on a reliable and durable medium that can be produced as evidence.

 

Article 8 – Information on Products

The products governed by these general terms and conditions are those listed on the seller's website and are indicated as sold and shipped by the seller. They are offered subject to availability.

The products are described and presented as accurately as possible. However, if errors or omissions may have occurred regarding this presentation, the seller's liability cannot be engaged. The photographs of the products are not contractual.

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Article 9 – Price

The seller reserves the right to change its prices at any time but commits to applying the rates in effect indicated at the time of the order, subject to availability on that date.

The prices are stated in euros. They do not include delivery charges, which are billed additionally and indicated before the order is validated. The prices take into account the VAT applicable on the day of the order, and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store.

If one or more taxes or contributions, especially environmental ones, were to be created or modified, either upward or downward, this change could be passed on to the selling price of the products.

 

Article 10 – Payment Method

This is an order with an obligation to pay, which means that placing the order implies a payment by the buyer. To pay for his order, the buyer has at his disposal all the payment methods made available by the seller and listed on the seller's website. The buyer guarantees the seller that he has the necessary authorizations, if any, to use the payment method chosen by him when validating the order form. The seller reserves the right to suspend any order management and any delivery in case of refusal of payment authorization by credit card from officially accredited organizations or in case of non-payment. The seller specifically reserves the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is being administered.
 

Payment of the price is made in full on the day of the order, according to the following terms:

• credit card

• paypal

 

Article 11 – Product Availability – Refund – Termination

Except in cases of force majeure or during periods when the online store is closed, which will be clearly announced on the homepage of the site, the shipping times will be, subject to stock availability, those indicated below. Shipping times run from the date of registration of the order indicated in the order confirmation email.
 

For deliveries in Metropolitan France and Corsica, the time frame varies depending on the buyer's location and is estimated between 3-15 working days from the day after the buyer placed his order, according to the following methods: Colis Privée, Colissimo, UPS, Chronopost, Mondial Relay, DHL, La Poste. At the latest, the time frame will be 30 working days after the conclusion of the contract.

For deliveries in the DOM-TOM or other countries, the delivery terms will be specified to the buyer on a case-by-case basis. In case of non-compliance with the agreed delivery date or time, the buyer must, before terminating the contract, instruct the seller to fulfill it within a reasonable additional period.
 

If the contract is not executed at the end of this new period, the buyer may freely terminate the contract. The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or in writing on another durable medium.

The contract will be considered terminated upon receipt by the seller of the letter or writing informing him of this termination, unless the professional has executed it in the meantime.
 

However, the buyer may immediately terminate the contract if the dates or times mentioned above are an essential condition of the contract for him.

In this case, when the contract is terminated, the seller is obliged to refund the buyer the full amount paid, no later than 14 days after the date on which the contract was terminated.

In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the option to cancel his order. The buyer will then have the choice of either requesting a refund of the amounts paid within 14 days at the latest of their payment or exchanging the product.
 

Article 12 – Delivery Terms

Delivery refers to the transfer of physical possession or control of the good to the consumer. The ordered products are delivered according to the terms and timeframe specified above. The products are delivered to the address provided by the buyer on the order form, and the buyer must ensure its accuracy. Any package returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the buyer's expense. Upon request, the buyer can receive an invoice at the billing address and not the delivery address by selecting the appropriate option on the order form.

If the buyer is absent on the day of delivery, the delivery person will leave a notice in the mailbox, which will allow the package to be picked up at the specified location and time.
 

If, at the time of delivery, the original packaging is damaged, torn, or opened, the buyer must check the condition of the items. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery slip (package refused because it was opened or damaged).

The buyer must indicate on the delivery slip, in handwritten remarks accompanied by their signature, any anomaly concerning the delivery (damage, missing product compared to the delivery slip, damaged package, broken product, etc.).
 

This verification is considered done once the buyer, or a person authorized by them, has signed the delivery slip. The buyer must then confirm these reservations to the carrier by registered mail within two working days following the receipt of the item(s) and send a copy of this letter by fax or regular mail to the seller at the address indicated in the site's legal notice.
 

If the products need to be returned to the seller, a return request must be made to the seller within 14 days of delivery. Any claim made outside this period will not be accepted. The return of the product will only be accepted for products in their original condition (packaging, accessories, instructions...). In the context of consumable products (in our case, perfumes, candles & ambient fragrances), the return of these products should be in their original condition as much as possible. We reserve the right to refuse an exchange or refund if the product has been consumed (beyond a reasonable limit, see delivery & return references indicated on a product's sheet).

 

Article 13 – Delivery Errors

Any claim not made in accordance with the rules defined above and within the specified time limits will not be taken into account and will release the seller from any liability towards the buyer. Upon receipt of the claim, the seller will assign an exchange number for the product(s) in question and will communicate it to the buyer by email. The exchange of a product can only take place after the assignment of the exchange number. In the event of a delivery error or exchange, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging, by Colissimo Registered Mail, to the following address: 44 rue laetitia, 92500 Rueil-Malmaison. The return costs are the responsibility of the buyer.

 

Article 14 – Product Warranty
 

14-1 Legal Warranty of Conformity

The seller guarantees the conformity of the goods sold to the contract, allowing the buyer to make a claim under the legal warranty of conformity provided for in articles L.217-4 and following of the consumer code.

When implementing the legal warranty of conformity, it is recalled that:

• The buyer has a period of 2 years from the delivery of the goods to act;

• The buyer can choose between the repair or replacement of the goods, subject to the cost conditions provided for in article L.217-17 of the consumer code;

• The buyer does not have to provide proof of the non-conformity of the goods during the 24 months in the case of new goods (6 months in the case of used goods), following the delivery of the goods.
   

14-2 Legal Warranty against Hidden Defects

In accordance with articles 1641 and following of the civil code, the seller guarantees against hidden defects that may affect the goods sold. It will be up to the buyer to prove that the defects existed at the time of the sale of the goods and are of a nature to render the goods unfit for the use for which they are intended. This warranty must be implemented within two years of discovering the defect. The buyer can choose between the resolution of the sale or a reduction of the price in accordance with article 1644 of the civil code.
 

Commercial Warranty

The products sold are also covered by a commercial warranty aiming to guarantee their conformity and ensuring the refund of the purchase price, replacement, or repair of the goods. It does not cover defects caused by abnormal or faulty use or resulting from a cause external to the intrinsic qualities of the products.
 

Article 15 – Right of Withdrawal

Application of the Right of Withdrawal

In accordance with the provisions of the consumer code, the buyer has a period of 14 days from the date of delivery of their order to return any item that does not suit them and request an exchange or refund without penalty, except for return costs which remain the responsibility of the buyer.

Returns must be made in their original and complete condition (packaging, accessories, instructions...) allowing their resale as new, accompanied by the purchase invoice.

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Damaged, soiled, or incomplete products are not taken back. The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this case, an acknowledgment of receipt on a durable medium will be immediately sent to the buyer. Any other method of declaring withdrawal is accepted. It must be unambiguous and express the desire to withdraw.

In the event of the exercise of the right of withdrawal within the aforementioned period, the price of the product(s) purchased and the delivery costs are refunded.

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Return costs are the responsibility of the buyer.

The exchange (subject to availability) or refund will be made within 9 working days, and at the latest, within 14 days from the receipt, by the seller, of the products returned by the buyer under the conditions provided above.

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Exceptions

According to Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:

• for the supply of goods whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;

• for the supply of goods made to the consumer's specifications or clearly personalized;

• for the supply of goods likely to deteriorate or expire rapidly;

• for the supply of goods that have been unsealed by the consumer after delivery and that cannot be returned for reasons of hygiene or health protection;

• for the supply of goods which, after being delivered and by their nature, are mixed in an inseparable manner with other items;

• for the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;

• for maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, limited to spare parts and work strictly necessary to respond to the emergency;

• for the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;

• for the supply of a newspaper, periodical, or magazine, except for subscription contracts to these publications;

• for the supply of digital content not provided on a material medium whose execution has begun after the consumer's express prior agreement and express waiver of their right of withdrawal.

 

Article 16 – Force Majeure

All circumstances beyond the control of the parties that prevent the normal execution of their obligations are considered as reasons for exemption from the parties' obligations and result in their suspension. The party invoking the circumstances mentioned above must immediately notify the other party of their occurrence, as well as their disappearance. All facts or circumstances that are irresistible, external to the parties, unpredictable, inevitable, independent of the will of the parties, and that cannot be prevented by them, despite all reasonably possible efforts, will be considered as cases of force majeure. Specifically, the following are considered cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the stoppage of telecommunication networks or difficulties specific to telecommunication networks external to customers. The parties will come together to examine the impact of the event and agree on the conditions under which the contract will be continued. If the force majeure lasts longer than three months, these general conditions may be terminated by the injured party.

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Article 17 – Intellectual Property

The content of the website remains the property of the seller, the sole holder of the intellectual property rights to this content. Buyers commit not to use this content; any total or partial reproduction of this content is strictly prohibited and may constitute an infringement offense.

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Article 18 – Data Protection

The personal data provided by the buyer is necessary for the processing of their order and the establishment of invoices. They may be communicated to the seller's partners responsible for the execution, processing, management, and payment of orders. The processing of information communicated via the website www.herbaux-paris.com has been declared to the CNIL (French Data Protection Authority). The buyer has a permanent right of access, modification, rectification, and opposition concerning the information about them. This right can be exercised under the conditions and according to the modalities defined on the website www.herbaux-paris.com.

 

Article 19 – Partial Non-validation

If one or more stipulations of these general conditions are held to be invalid or declared as such in application of a law, a regulation, or following a final decision of a competent jurisdiction, the other stipulations will retain all their force and scope.

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Article 20 – Non-waiver

The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation in question.

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Article 21 – Title

In case of difficulty in interpretation between any of the titles appearing at the beginning of clauses, and any of the clauses, the titles will be declared non-existent.

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Article 22 – Contract Language

These general terms and conditions of sale are written in the French language. In the event that they are translated into one or more foreign languages, only the French text would be legally binding in the event of a dispute.

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Article 23 – Mediation and Dispute Resolution

The buyer can resort to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in case of dispute. The names, contact details, and email address of the mediator are available on our website.

In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent extrajudicial resolution of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: http://webgate.ec.europa.eu/odr/.

 

Article 24 – Applicable Law

These general conditions are subject to the application of French law. The competent court is the judicial court. This applies to both substantive and procedural rules. In the event of a dispute or claim, the buyer will first contact the seller to obtain an amicable solution.

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Article 25 – Personal Data Protection

The personal data that is collected on this site includes:

• Account creation: When creating the user's account, their names; first name; email address; phone number; postal address; date of birth; payment information, and address information.

• Connection: When the user logs into the website, it records, in particular, their name, first name, connection data, usage data, location data, and payment data.

• Profile: Using the services provided on the website allows for the creation of a profile, which may include an address and a phone number.

• Payment: As part of the payment for products and services offered on the website, it records financial data related to the user's bank account or credit card.

• Communication: When the website is used to communicate with other members, the user's communication data is temporarily stored.

• Cookies: Cookies are used in the context of using the site. The user has the option to disable cookies from their browser settings.

 

Use of Personal Data

The personal data collected from users aims to provide the services of the website, improve them, and maintain a secure environment. Specifically, the uses are as follows:

• Access and use of the website by the user;

• Management of the operation and optimization of the website;

• Organization of the terms of use of Payment Services;

• Verification, identification, and authentication of data transmitted by the user;

• Offering the user the possibility to communicate with other users of the website;

• Implementation of user assistance;

• Personalization of services by displaying advertisements based on the user's browsing history, according to their preferences;

• Prevention and detection of fraud, malware, and management of security incidents;

• Management of potential disputes with users;

• Sending commercial and advertising information, based on user preferences.
   

Sharing Personal Data with Third Parties

Personal data may be shared with third-party companies in the following cases:

• When the user uses payment services, for the implementation of these services, the website is in relation with third-party banking and financial companies with which it has entered into contracts;

• When the user publishes information accessible to the public in the free comment areas of the website;

• When the user authorizes a third-party website to access their data;

• When the website uses service providers to provide user support, advertising, and payment services. These providers have limited access to the user's data as part of the provision of these services and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data;

• If required by law, the website may transmit data to respond to complaints against the website and comply with administrative and judicial procedures;

• If the website is involved in a merger, acquisition, asset sale, or receivership procedure, it may be required to sell or share all or part of its assets, including personal data. In this case, users would be informed before the personal data is transferred to a third party.

 

Secret & Confidentiality

The website implements organizational, technical, software, and physical measures in terms of digital security to protect personal data against alterations, destructions, and unauthorized access. However, it should be noted that the internet is not a completely secure environment, and the website cannot guarantee the security of the transmission or storage of information on the internet.
 

Implementation of User Rights

In accordance with the regulations applicable to personal data, users have the following rights, which they can exercise by making their request to the following address: herbaux.contact@gmail.com

• The right of access: They can exercise their right of access to know the personal data concerning them. In this case, before implementing this right, the website may request proof of the user's identity to verify its accuracy.

• The right to rectification: If the personal data held by the website is inaccurate, they can request the updating of the information.

• The right to data deletion: Users can request the deletion of their personal data, in accordance with data protection laws.

• The right to limit processing: Users can ask the website to limit the processing of personal data according to the assumptions provided by the GDPR.

• The right to object to data processing: Users can object to their data being processed according to the assumptions provided by the GDPR.

• The right to data portability: They can claim that the website returns the personal data provided to them to transmit it to a new website.
   

Evolution of this Clause

The website reserves the right to make any changes to this clause relating to the protection of personal data at any time. If a change is made to this personal data protection clause, the website commits to publishing the new version on its site. The website will also inform users of the change by email, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, they have the option to delete their account.

 

Annex:

Withdrawal Form

(To be completed by the consumer and sent by registered letter with acknowledgment of receipt, within a maximum period of 14 days following the date of conclusion of the service contract)

Withdrawal Form

For the attention of: Herbaux

Located at 44 rue de laetitia, 92500, Rueil-Malmaison

Phone number +33 632502207

Email address herbaux.contact@gmail.com

I hereby notify you of my withdrawal from the contract relating to ………………………………………. , ordered on: ……………………………………………………

On behalf of ………………………………………………….

Located at ……………………………………………………………………

Dated ……………………………………………………………….

Signed:

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Annex:

Consumer Code

Article L.217-4: "The seller delivers a product in accordance with the contract and is responsible for any non-conformities that exist at the time of delivery. He is also responsible for non-conformities resulting from packaging, assembly instructions, or installation when this was charged to him by the contract or was carried out under his responsibility."

Article L.217-5: "The product is in accordance with the contract:

1° If it is suitable for the use usually expected of a similar product and, if applicable:

• if it matches 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;

• if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer, or his representative, especially in advertising or labeling;

2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, made known to the seller, and which the latter has accepted."

Article L.217-6: "The seller is not bound by the public statements of the producer or his representative if it is established that he did not know them and was not legitimately able to know them."

Article L.217-7: "Non-conformities that appear within twenty-four months from the delivery of the product are presumed to exist at the time of delivery, unless proven otherwise. For second-hand goods, this period is set at six months. The seller can contest this presumption if it is not compatible with the nature of the product or the non-conformity claimed."

Article L.217-8: "The buyer has the right to demand that the product conforms to the contract. However, he cannot challenge conformity by invoking a defect that he knew or could not have ignored when he contracted. The same applies when the defect has its origin in the materials he himself provided."

Article L.217-9: "In the event of a lack of conformity, the buyer chooses between repair and replacement of the product. However, the seller may not proceed according to the buyer's choice if this choice results in a cost that is clearly disproportionate compared to the other method, given the value of the product or the importance of the defect. He is then obliged to proceed, unless impossible, according to the method not chosen by the buyer."

Article L.217-10: "If repair and replacement of the product are impossible, the buyer can return the product and get a refund or keep the product and get a partial refund. The same option is available to him: 1° If the solution requested, proposed, or agreed upon under Article L.217-9 cannot be implemented within one month following the buyer's claim; 2° Or if this solution cannot be implemented without major inconvenience for him given the nature of the product and the use he seeks. The sale cannot, however, be canceled if the lack of conformity is minor."

Article L.217-11: "The application of the provisions of Articles L.217-9 & L.217-10 takes place at no cost to the buyer. These same provisions do not prevent the awarding of damages & interest."

Article L.217-12: "The action resulting from the lack of conformity is prescribed by two years from the delivery of the product."

Article L.217-13: "The provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects as it results from Articles 1641 to 1649 of the civil code or any other contractual or extra-contractual action recognized by law."

Article L.217-14: "The recourse action can be exercised by the final seller against the successive sellers or intermediaries and the producer of the tangible movable property, according to the principles of the civil code."

Article L217-15: "The commercial guarantee means any contractual commitment of a professional to the consumer with a view to refunding the purchase price, replacing or repairing the product, or providing any other service related to the product, in addition to its legal obligations to guarantee the conformity of the product.

The commercial guarantee is the subject of a written contract, a copy of which is given to the buyer.

The contract specifies the content of the guarantee, the terms of its implementation, its price, its duration, its territorial scope as well as the name and address of the guarantor.

In addition, it clearly and precisely mentions that, regardless of the commercial guarantee, the seller remains bound by the legal guarantee of conformity mentioned in Articles L.217-4 & L.217-12 and that relating to defects in the thing sold, under the conditions provided for in Articles 1641 to 1648 & 2232 of the civil code.

The provisions of Articles L.217-4, L.217-5, L.217-12 & L.217-16 as well as Article 1641 and the first paragraph of Article 1648 of the civil code are fully reproduced in the contract. In the event of non-compliance with these provisions, the guarantee remains valid. The buyer has the right to avail himself of it."

Article L.217-16: "When the buyer asks the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of movable property, for a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee that remained to run. This period runs from the buyer's request for intervention or the provision for repair of the product in question if this provision is later than the request for intervention."

 

Civil Code

Article 1641: "The seller is liable for hidden defects in the item sold that render it unfit for its intended use, or that so diminish its use that the buyer would not have purchased it, or would have paid a lower price, had he been aware of them."

Article 1648: "The action resulting from latent defects must be brought by the buyer within two years from the discovery of the defect. In the case provided for by Article 1642-1, the action must be initiated, under penalty of foreclosure, within one year from the date on which the seller can be discharged from apparent vices or defects in conformity."