In general, all information relating to the use of the Products and in particular the safety rules relating to these Products are set out in the instructions for use and instructions for use delivered with the Product.
All Products benefit from the legal guarantee of conformity (articles L. 217-4 et seq. of the Consumer Code) and the guarantee against hidden defects (articles 1641 et seq. of the French Civil Code) enabling the Customer to return the defective or non-compliant Products delivered at no cost.
The provisions of these GTC are without prejudice to any of the Customer’s other mandatory statutory rights as a consumer.
1. Legal guarantee of compliance
We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the Product. Nothing in these terms will affect your statutory rights.
Article L. 217-4 of the French Consumer Code:
The seller delivers goods in compliance with the contract and responds to the compliance defects existing at the time of delivery. The seller also responds to non-compliance resulting from the packaging, assembly instructions or installation when this has been carried out under the contract or under his/her responsibility.
(Article L. 217-5 of the the French Consumer Code:)
The goods are in compliance with the contract:
1° If they are fit for use as usually expected of similar goods and, if applicable:
- if they correspond to the description given by the seller and have the qualities that the seller has presented to the buyer in the form of a sample or model;
- if they present the qualities that a buyer may legitimately expect in respect of public statements made by the seller, by the producer or by his/her representative, particularly in advertising or labelling;
2° Or if they present the characteristics defined by mutual agreement by the parties or are fit for any special use sought by the buyer, brought to the attention of the seller and accepted by the seller.
Article L. 217-12 of the French Consumer Code:: Action resulting from non-compliance is time-barred within two years of delivery of the goods.
When acting within a legal guarantee of compliance, the Customer:
- has a period of two years from the delivery of the Product to take action against BOLLE BRANDS, the seller;
- may choose between repair or replacement of the Product, subject to the cost conditions stipulated in article L. 217-9 of the French Consumer Code;
- is exempt from providing evidence of the existence of the non-compliance of the Product within two years following delivery of the Product;
As part of the legal guarantee of compliance, BOLLE BRANDS undertakes, at the choice of the Customer:
- either to repair the Product;
- or to replace the Product with an identical product based on available stocks;
However, in accordance with article L.217-9 of the French Consumer Code, BOLLE BRANDS may not proceed according to the Customer's choice if this choice has a clearly disproportionate cost with regard to the other method, taking into account the value of the goods or the significance of the defect. BOLLE BRANDS is then obliged to proceed, except when not possible, according to the terms not chosen by the Customer.
If the repair or replacement of the Product is impossible, the Customer may be refunded the price paid and return the Product or keep the Product and be refunded part of the price, unless the non-compliance is minor. The return, replacement or refund of the Product shall be at no cost to the Customer and shall not prevent the possible allocation of damages in the event that the Customer is entitled to this.
2. Warranty against hidden defects
Having regard to Article 1641 of the French Civil Code;
"The seller is bound by the warranty due to hidden defects in the item sold which render it unfit for the use to which it is intended, or which decrease this use to the extent that the buyer would not have acquired it, or would have paid a lower price, if he/she had known of these. ”
Article 1648 paragraph 1 of the French Civil Code:
"The action resulting from redhibitory defects must be brought by the purchaser within two years of discovery of the defect. ”
Article 2232 of the French Civil Code:
“The postponement of the starting point, suspension or interruption of the limitation period may not have the effect of bringing the period of the extinctive limitation beyond twenty years from the beginning of the right. ”
In case of hidden defects:
-The Customer shall be responsible for proving that it fulfils the conditions of the guarantee.
-The Customer will have the option of returning the Product and being refunded or keeping the Product and being refunded part of the price.
-The Customer may decide to implement the warranty against hidden defects in the Products within the meaning of article 1641 et seq. of the French Civil Code; in this case, he/she may choose between termination of the sale or a reduction in the sale price in accordance with article 1644 et seq. of the French Civil Code.
3. Exclusion of warranty
Defects resulting from:
- the use of Products non-compliant with their intended use,
- failure to comply with installation, use and maintenance instructions of
- the deterioration and normal wear of the Products,
- the modification of the Products, or torsional shock, compression, fall or abnormal impact on the Product.
4. Implementation of guarantees
In respect of the warranties enjoyed by the Customer, BOLLE BRANDS undertakes, according to the Customer's choice, to:
- fully refund the Product
- repair the Product where possible and return it to the Customer at the address indicated by the Customer.
The procedure for returning the products is set out in article 7.2 of these GTC. The Customer must also specify the alleged non-compliance.