General terms and conditions of sale

General terms and conditions of sale

Article 1: General stipulations

The present general terms and conditions constitute a distance selling contract, defining the rights and obligations of the company Shop Market Africa SAS and of the Customer within the framework of the sale of the products referenced on the website www.shopmarketafrica.com.

They only concern purchases made by buyers in France and delivered exclusively on French territory, as the regulations applicable to distance selling to consumers domiciled in foreign countries may be different from these conditions. Consequently, for any delivery outside of France, the present general conditions will only apply to stipulations that are not contrary to the regulations of the country concerned.

The present conditions are concluded between the company Shop Market Africa SAS, hereinafter referred to as " SMA ", and any person wishing to make a purchase, hereinafter referred to as the " Customer ", via the website www.shopmarketafrica.com, hereinafter referred to as the " Site ".

Customers are consumers, defined as natural persons acting for private purposes or for purposes that do not fall within the scope of a commercial, industrial, craft, liberal or agricultural activity, wishing to make a purchase on the Site.

The fact that one of the parties does not avail itself at a given moment of one of the present conditions cannot be interpreted as a waiver of the right to subsequently avail itself of any of the said conditions. The cancellation of any clause of these terms and conditions shall not affect the validity of the terms and conditions as a whole.

The validation by the Customer of an order implies its adherence to these conditions.

These general terms and conditions of sale may be modified at any time and without notice by SMA, the modifications being then applicable to all orders subsequent to this modification.

SMA may be required to modify certain provisions of its general terms and conditions of sale from time to time, and the Customer is therefore advised to review them before each order validation.

For any question or complaint relating to the products, the order, personal data, the right of retraction, the place of waste recovery or the application of the product guarantee, the Customer may contact SMA at the following address and phone number

Article 2 : The site - The products - Availability

The entire content of the Site (illustrations, texts, labels, trademarks, images, videos) is the property of SMA. Any reproduction, in whole or in part, of this site is prohibited, unless SMA gives its express prior authorization. SMA does not authorise the creation of hypertext links unless express prior authorisation has been given.

The products offered for sale by SMA are presented and detailed in such a way that all consumers are able to know the essential characteristics of the products they wish to purchase, in particular by means of technical descriptions from its partners and suppliers and photographs illustrating the products.

Consequently, SMA cannot be held liable when any errors do not affect the essential characteristics of the product.

The photographs, illustrations and texts appearing on the Site are not contractual.

The products are new products. They are offered for sale within the limits of available stocks and the possibilities of supply from SMA's suppliers.

The availability of products will be definitively validated upon confirmation of shipment of the order, which will be sent to the Customer by e-mail.

In the event that one of the products ordered is not available when the Customer's order is prepared, SMA undertakes to contact the Customer by e-mail as soon as possible after the date of the order in order to inform him/her of the delivery times for this product, it being specified that the Customer is entitled to cancel his/her order.

In the event of impossibility of supply of a product, the Customer will be offered to exchange it with another product of equivalent quality, characteristics and price. Failing this, i.e. in the event of cancellation of the order of the product concerned by the Customer, reimbursement of the unavailable product will be made within fifteen (15) days following receipt of the sums paid by the Customer at the latest. Reimbursement is made by crediting his bank account / by bank cheque. The cancellation of the product order and its reimbursement will not affect the rest of the order, which will remain firm and final.

Pursuant to Article L. 111-4 of the French Consumer Code, SMA provides the Customer, on any suitable medium before the conclusion of the sale, with information on the period during which or the date until which the spare parts essential for the use of the product are available on the market, provided that this information has actually been transmitted to it by the manufacturer or importer. This information, when transmitted by the manufacturer or importer, will be confirmed in writing when the Customer purchases the product.

The electrical and electronic equipment sold contains hazardous substances that may have potential effects on the environment and human health. Consequently, they must not be disposed of with unsorted municipal waste.

SMA takes back used electrical and electronic equipment that the Customer disposes of free of charge, within the limits of the quantity and type of equipment sold.

The Customer may bring the used electrical and electronic equipment that it wishes to dispose of to a waste disposal site.

SMA may refuse to take back electrical and electronic equipment which, as a result of contamination, presents a risk to the safety and health of the personnel in charge of the take-back that cannot be prevented by conventional personal protective equipment or current packaging means. In this case, SMA shall inform the holder of the rejected used electrical and electronic equipment of alternative take-back solutions.

SMA undertakes to take back waste portable batteries and accumulators of the same type as the portable batteries and accumulators that it markets and that are brought to it by customers free of charge and without any obligation to purchase new batteries or accumulators.

Article 3: Orders

Upon entering the Site, the Customer declares that he/she has the capacity to enter into this contract, i.e. that he/she is of legal majority and is not under guardianship or curatorship.

The Client will place an order in accordance with the indications given to him on the Site. He or she undertakes to fill in his or her registration and order form, taking care to provide the necessary complete and accurate information. In any event, the Customer is responsible for the information entered on his registration form and when taking an order. In the event of an error, SMA cannot be held responsible for any shortcomings or delays in the delivery of products and services (error of address, name, etc.).

The steps to conclude the sale on the Site are as follows:

  • The Customer selects his products;
  • The Customer chooses the quantity of products and then clicks on the tab "Add to cart";
  • A page opens and the Customer clicks on the "Continue shopping" tab if he wishes to order other products or on the "Finalize order" tab if he wishes to finalize his current order;
  • The Customer has the possibility of benefiting from his possible discount vouchers by indicating their references and clicking on the "Apply" tab. In order to find out the possible delivery costs, the Customer clicks on the tab "Estimate delivery costs", enters the country and the postcode of the place of delivery and selects the desired delivery method. The Customer then confirms his order by clicking on the "Confirm my basket" tab;
  • If the Customer is registered, he identifies himself by filling in his email and password and then clicking on "I log in";
  • If he is not yet registered, he will have to create an account. He must then indicate his email address and click on "Registration". The Customer must then fill in a certain amount of information. In this respect, if the Customer does not fill in all the mandatory fields marked with an asterisk, his registration will not be taken into account;
  • The Customer chooses his delivery address and his billing address. The Customer has the possibility to update his addresses. The Customer then clicks on "Confirm the order";
  • The Customer chooses the transport modalities and is informed of the possible cost of the latter. The Customer accepts the present general terms and conditions of sale by ticking the boxes provided for this purpose;
  • The Customer clicks on the tab "Validate and pay the order";
  • The Customer chooses his method of payment, proceeds to payment and confirms his order by clicking on the tab "I confirm my order".

Receipt of the order by SMA, together with payment, formalises the distance selling contract concluded with SMA in a firm and definitive manner. Once the order has been validated, the Customer can print a summary of his order, which he will receive by e-mail, accompanied by the form for the possible exercise of his right of retraction. This document must be kept; it constitutes proof of the Customer 's order and the contract binding the parties.

In any event, SMA reserves the right not to satisfy any Customer request that would be exorbitant or derogatory to common law and its general terms and conditions or when the Customer is not up to date with its obligations to SMA.

The order placed on the Site is automatically cancelled if payment is not received within fifteen (15) clear days.

Article 4: Price and payment

The sales prices of the products mentioned on the Site are indicated in euros, all taxes included, excluding shipping costs.

Their amount is in any case indicated at the end of the online order, before its validation. The price invoiced to the Customer is the price specified on the order confirmation including the price of the products including all taxes, to which is added the possible price of transport.

Delivery in France: For shipments in metropolitan France, we charge a flat rate of 7.00 euros. From a value of 50.00 euros, delivery is free of charge. For a shipping weight of more than 10 kilos, we reserve the right to charge a flat rate of 10 euros in addition to the price indicated on the invoice. You will receive a corrected invoice following your order.

Delivery within Europe: For shipments within Europe, we charge a flat rate of 8.00 euros, regardless of the order value.

The costs are determined according to the transport conditions, the order value and the destination.

SMA reserves the right to change its sales prices at any time. However, no modification after the order has been taken can be applied. The price applicable to the products ordered is the one appearing on the Site on the day of the order.

Orders are payable in euros, in full and cash. At no time can the sums paid be considered as a deposit or advance payment.

The payment is made either :

  • by credit card on the site of SMA 's financial partner;
  • by Paypal.

For other payment methods, the amount of the order will be debited at the time of order confirmation.

As soon as payment has been validated, the Customer receives confirmation of his order by e-mail, accompanied by the invoice.

SMA retains full and complete ownership of the products sold until full payment of all sums due under the Customer's order.

Article 5: Delivery - Reception - Use of products

5.1 General Stipulations

Deliveries take place in metropolitan France, and in the DROM COM.

Outside this geographical area, deliveries may be made on an exceptional basis, subject to the express acceptance of SMA.

Delivery is made to the address given by the Customer when ordering.

Delivery is deemed to be made by SMA when the products ordered by the carrier are handed over to the Customer. The risks of the products are then immediately transferred to the Customer.

Transport will be carried out by an independent company. The Customer undertakes to sign the delivery note for the products. In the event of the Customer 's absence at the time of delivery, the Customer has a period of 15 working days in which to collect the package from the carrier or depository chosen by the Customer, as of the date of the delivery notice. In any event, the Customer is informed as soon as possible of the availability of the products.

Any package returned to SMA because of an incorrect or incomplete delivery address, or because the Customer has not picked it up from the carrier or depository within the time limit indicated in the previous paragraph, will be reshipped at the Customer's expense.

Deliveries are made, as far as possible, according to the indicative deadlines given on the Site depending on the delivery method chosen as from the sending of the e-mail confirming the delivery of the said order. In the event of a foreseeable delay in delivery, SMA will inform the Customer as soon as possible by e-mail and provide an estimate of the additional delivery time.

In any event, SMA undertakes to deliver to the consumer Customer within a maximum of 30 days from the conclusion of the contract.

If this deadline is exceeded, and except in cases of force majeure, the Customer may cancel the contract, by registered letter with acknowledgement of receipt or in writing on any other durable medium, if, after having instructed SMA to make delivery, the delivery has not been made within the deadline.

The contract shall be deemed to have been terminated on receipt by SMA of the letter or writing informing it of such termination, unless SMA has performed in the meantime.

Where the contract is terminated under the conditions listed above, SMA shall be obliged to reimburse the Client for the full amount paid, at the latest within 14 days of the date on which the contract was terminated. The sum paid by the consumer customer is automatically increased by 10% if the refund is made no later than 30 days after this term, by 20% up to 60 days and by 50% thereafter.

After dispatch, SMA provides the Customer with a tracking number so that he can follow the delivery of his package.

It is the Customer 's responsibility to check the condition of the packaging and products and the number of products on receipt. This check is considered to be carried out once the Customer, or a person authorised by him, has signed the delivery note.

It is the Customer 's responsibility, in the event of a dispute, deterioration of the product during transport, damage, missing or late delivery, to make clear and precise reservations on the carrier's delivery note. The Customer must confirm these reservations to the carrier by registered letter with acknowledgement of receipt stating the reasons within three (3) days, not including public holidays, following receipt of the products.

In accordance with article L. 224-65 of the French Consumer Code, when the Customer personally takes delivery of the products transported and when the carrier does not justify having given him the opportunity to effectively check their good condition, the above-mentioned period is extended to ten (10) days.

Without prejudice to the measures to be taken with regard to the carrier, complaints regarding apparent defects or the non-conformity of the products delivered must be made to SMA in writing as soon as possible after the date of delivery or product availability. It will be up to the Customer to provide any justification as to the reality of the defects or anomalies observed, in particular by sending to SMA:

  • a photocopy of the letter of reservation addressed to the carrier;
  • and a photocopy of the delivery note mentioning the reservations.

Any claim made late could potentially prevent this claim from being taken into account.

It is expressly agreed that mentions of the type "subject to inspection on unpacking" do not constitute a reservation within the meaning of this article.

In any event, SMA cannot be held liable for any delay or failure to deliver due to a case of force majeure or a fault of the Customer.

In any event, the use of the products will be carried out under the sole responsibility of the Customer. Under these conditions, the Customer is required to maintain the product in good condition and to use it in accordance with its intended purpose, in particular by complying with the applicable provisions, the prescriptions given by SMA or by SMA's suppliers. In this respect, the Customer is advised not to make any modifications to the product, install accessories, ancillary parts or any other non-compliant devices on the product. Under no circumstances can SMA be held liable for defects and damage to the products delivered as a result of abnormal or non-conforming use after delivery of these products.

5.2 Delivery without signature

In the case of handing over without signature, the proof of the carrier shall be taken as proof.

The Customer is responsible for his choice of delivery and acknowledges that delivery without signature - by its nature - transfers responsibility for the package from the carrier to the consumer from the moment it is handed over to the letter box or to a third party at the delivery address. In this case, only the carrier's proof is authoritative. It is then appropriate for the consumer to return directly to the carrier in case of dispute.

This responsibility can be transferred at the time of a handing-over against signature, ensuring the consumer his good delivery. For this, the consumer must opt for a delivery with delivery against signature, in a relay point or post office, when placing an order.

Article 6: Legal guarantees

6.1 General Stipulations

SMA, whose registered office is at 7 Rue de Bigarreau, FR-68260 Kingersheim, registered with the Mulhouse Trade and Companies Register under number 883 832 776, in its capacity as seller, is liable for defects in the conformity of the goods to the contract under the conditions set out in Article L. 217-4 et seq. of the French Consumer Code and for hidden defects in the goods sold under the conditions set out in Articles 1641 et seq. of the French Civil Code.

In this respect, the Customer may make a claim under the legal guarantee of conformity or the guarantee of defects in the item sold by sending his claim to SMA at the address mentioned above.

When acting under the legal guarantee of conformity, the Customer:

  • has a period of two years from the delivery of the good to act;
  • can choose between repairing or replacing the good, subject to the cost conditions provided for in Article L. 217-9 of the French Consumer Code ;
  • is exempt from having to provide proof of the existence of the lack of conformity of the goods during the 6 months following delivery of the goods. This period is extended to 24 months from 18 March 2016, except for second-hand goods.

The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.

The Customer may decide to implement the guarantee against hidden defects of the item sold within the meaning of Article 1641 of the Civil Code and in this case, he may choose between cancellation of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.

6.2 Additional information

Under the above-mentioned legal guarantee of conformity, SMA is obliged to deliver products in conformity with the contracts and is liable for defects in conformity existing at the time of delivery.

The service life of almost all products marketed by SMA is less than the 24-month period of the statutory guarantee of conformity.

Therefore, the presumption of the existence at the time of delivery of the products of defects of conformity appearing within 24 months of delivery is hardly ever compatible with the specific nature of these products.

Consequently, in accordance with Article L. 217-7 of the French Consumer Code, SMA may rebut this presumption.

Article 7: Returns and Liabilities

Except in the case referred to in Article 6, it is up to the Customer to provide any justification as to the reality of the defects or anomalies observed. The Customer shall give SMA every facility to proceed with the discovery of these defects or anomalies.

Subject to the exercise of any right of withdrawal, any product return must be expressly agreed to by SMA. The products must be returned in perfect condition and in their original packaging with all possible accessories (including the instructions).

The return will give rise, as the case may be, to a replacement of the products or a refund from the Customer, after qualitative and quantitative verification of the returned products. The costs and risks of shipping and return will be charged to the Customer if the non-compliance is not proven.

When SMA 's liability is engaged as a result of a fault on its part, compensation shall apply only to the direct, personal and certain damage suffered by the Customer.

In any event, SMA disclaims all liability, in particular with regard to the Customer 's choice of products or for damages resulting from modifications made to the products or resulting from failure to comply with the recommendations for use of the products.

In addition, it should be noted that SMA is not a producer, within the meaning of articles 1245 and following of the French Civil Code, of the products marketed via the Site. Consequently, it cannot be held liable in the event of damage caused to goods and/or persons due to a defect in the products within the meaning of the aforementioned articles. The Customer wishing to obtain compensation for such damage shall therefore seek the responsibility of the supplier concerned.

SMA shall not be held liable for any temporary or permanent damage caused to the Customer 's computer system or for any loss or damage that may be suffered, in particular as a result of access to or browsing on the Site. The transmission of data via the Internet may lead to the occurrence of errors and/or the fact that the Site may not always be available. Consequently, SMA cannot be held liable for the availability and interruption of the online service.

Any item purchased via a voucher, discount voucher, can only be refunded in the same form.

Article 8: Force majeure

In the event of the occurrence of a case of force majeure preventing SMA from fulfilling its obligations, the contract would be immediately suspended, as of the notification of one of the parties given by any means.

In the same way, the party concerned will inform the other party of the cessation of this event and the execution of the contract will then resume immediately on the date of this notification. A case of force majeure is understood to be any event that makes the performance of an obligation either impossible or manifestly more difficult due to the unforeseeable or irresistible or external nature of the event, these three criteria being alternative, such as war, riots, fire, floods, total or partial strikes, paralysis of road or other transport routes, energy supply disruptions (EDF, GDF, Oil...), blockages of telecommunications and computer networks, changes in regulations, delays or failures in the intervention of external partners such as suppliers or subcontractors.

If such an event were to last more than fifteen (15) days after the date of notification, the contract will be considered terminated by right. The sums received by SMA before this date will then be refunded to the Client.

Article 9: Obligations of the Customer

The Customer undertakes to provide SMA with all the information necessary for the proper execution of orders. In this respect, the Customer shall remain responsible for the content and accuracy of the information it sends to SMA, in particular that relating to its age of majority.

Use of the products shall be carried out under the sole responsibility of the Customer. Under these conditions, the Customer is required to ensure that the product is maintained in good condition and to use it in accordance with its intended purpose, in particular by complying with the prescriptions given by SMA or the suppliers.

Article 10: Right of retraction

Pursuant to Article L. 211-18 of the French Consumer Code, the Customer has a cooling-off period of fourteen (14) clear days from the date of receipt of the products ordered.

In the case of an order relating to 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 receipt of the last good or lot or the last part.

However, pursuant to Article L. 211-28 of the French Consumer Code :

"The right of withdrawal cannot be exercised for contracts:

3 - For the supply of goods made to the consumer's specifications or clearly personalised;

4 - The supply of goods likely to deteriorate or expire rapidly;

5 - Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;

6 - Supply of goods which, after delivery and by their nature, are inseparably mixed with other items. »

To exercise his right of withdrawal, the Customer must, within the period indicated above, send SMA a registered letter with acknowledgement of receipt specifying his wish to make use of this right or return the standard form for exercising the right of withdrawal (in Appendix 1 of these conditions) to the address indicated herein. In addition, he must return a copy of the invoice corresponding to the returned products.

The Customer must return the products, at his exclusive expense, to the address mentioned herein, within fourteen (14) days of the communication of his decision to withdraw, in their original packaging, unused and in perfect condition, without any trace or mark, with the labels, all accessories and any gifts that may have been offered.

In this respect, the Customer is reminded that, in accordance with the provisions of article L. 221-23 of the Consumer Code, the Customer may be held liable in the event of depreciation of the products resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of these products.

In this respect, SMA shall be entitled to apply a discount in the event of handling of the products other than that strictly necessary to establish their nature, characteristics and proper functioning.

In the event of a withdrawal relating to several products and if the Customer does not return all of the products, SMA will deduct the price of the missing products from the sum to be reimbursed.

SMA undertakes to reimburse the Customer within a period of fourteen (14) days from the date on which it is informed of the Customer 's decision to withdraw. Nevertheless, SMA is entitled to defer this reimbursement until the goods have been effectively recovered or until the Customer has provided proof of shipment of the goods, whichever is the earlier.

SMA shall make this refund using the same payment method as that used by the Customer for the initial transaction, unless the Customer has expressly agreed to use another payment method and insofar as the refund does not incur any costs for the Customer.

Article 11: Retention of title

The products sold by SMA to its customers remain its property until full payment of the price in principal, fees, interest and accessories by the Customer. However, the risks are transferred as soon as the Customer receives the products.

In the event of non-payment, SMA, without losing any of its other rights, may demand by registered letter with acknowledgement of receipt the return of the products at the expense and risk of the Customer. The Customer shall also bear any legal and judicial costs.

Article 12: Data processing and liberties

SMA - in its capacity as data controller - collects, stores, changes, uses and transmits personal data of customers in the context of order processing, customer relations, customer advice and services as well as for the preservation of SMA's business interests, in particular for purposes of evidence preservation. Insofar as this is necessary for the fulfilment of SMA's obligations, SMA passes on personal information to third parties, e.g. the carrier.

By communicating personal data to SMA, the Customer agrees that his data may be used for the following purposes:

  • The processing and follow-up of orders, delivery of products and requests for information ;
  • The management of complaints;
  • The creation and management of customer files.

The Customer has the right to access, modify, rectify and delete personal data concerning him/her in accordance with the applicable regulations on the protection of personal data. To exercise this right, he or she simply needs to contact SMA at the contact details provided herein.

The Customer may in any event oppose the use of his personal data. The use of personal information for other purposes will only be possible when the Customer has given his consent.

SMA retains the personal data of customers for a period that cannot exceed the period during which the Customer concerned has a customer account on the Site.

The Customer is informed by SMA that it may define guidelines for the storage, deletion and communication of its personal data after its death. These guidelines may be general or specific.

Article 13: Opposition to telephone canvassing

Customers who communicate their telephone contact information to SMA via the Site when ordering online are informed that they can register on a list of people who are opposed to telephone solicitation (Bloctel list).

It is nevertheless specified that this registration does not prevent SMA from contacting the Customer by telephone for the strict purposes of executing this contract.

Article 14: Applicable law

The Parties agree that these conditions and their consequences are subject to French law. The language of the present agreement and of the relations between the Parties is French.

Nevertheless, with regard to deliveries outside France, it is specified to the Customer that French law applies subject to the mandatory provisions of the law of the country in which he has his habitual residence.

Article 15: Settlement of disputes

The Customer declares that he has been informed in advance by SMA of the possibility of resorting, in the event of an unresolved dispute, to a consumer mediation procedure. The consumer mediation service is an amicable settlement of disputes between the professional and the consumer in accordance with Articles L611-1 to L 641-1 and R 612-1 to R 616-2 of the French Consumer Code.

In the event of unresolved disputes between SMA and the Customer, the Customer may refer the matter to the consumer mediator.

Before referring the matter to the Consumer Ombudsman, the customer must already have attempted to resolve the dispute directly with SMA by submitting a written complaint to the address indicated in section 1 of these general terms and conditions.

Consumer mediation is an out-of-court settlement of consumer disputes. If the conditions are met, a consumer mediation will take place according to a specific process and in accordance with the texts in force.

The procedure is free for the customer (R612-1 of the Consumer Code).

To contact the consumer mediator:
Mediation - Vivons mieux ensemble
Website address: www.mediation-vivons-mieux-ensemble.fr
Mediator's address: 465 avenue de la Libération 54 000 NANCY - mediation@vivons-mieux-ensemble.fr

In the event of failure of the mediation procedure for consumer disputes, or if the Consumer Customer does not wish to resort to this procedure, the parties will regain their freedom to bring the dispute before the competent courts.

In addition, SMA informs the Client of the existence of the online dispute resolution platform set up by the European Commission and of the possibility of recourse to it in the event of a dispute with SMA in connection with this contract.

European Online Dispute Resolution Platform:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=FR

Article 16: Mandatory information for consumer customers

Pursuant to Article L. 211-15 of the French Consumer Code, Articles L. 211-4, L. 211-5 and L. 211-12 of the French Consumer Code, as well as Article 1641 and the first paragraph of Article 1648 of the French Civil Code are reproduced below, provisions of which the Customer expressly acknowledges having read prior to placing an order.

Article L. 211-4 of the Consumer Code

The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.

He shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation, if the latter was made by him under the contract or was carried out under his responsibility.

Article L. 211-5 of the Consumer Code

To be in conformity with the contract, the property must:

(1) Be fit for the use ordinarily expected of similar property and, where applicable:

  • correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model;
  • have the qualities that a buyer may legitimately expect in view of public statements made by the seller, the producer or his representative, particularly in advertising or labelling.

2° Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the seller's knowledge and accepted by the latter.

Article L. 211-12 of the Consumer Code

Any action resulting from lack of conformity shall be time-barred after two years from the date of delivery of the goods.

Article L. 217-13 of the Consumer Code

Where the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of movable property, for a restoration covered by the guarantee, any period of immobilisation of at least seven days shall be added to the duration of the guarantee which has remained to run.

This period shall begin to run from the date of the buyer's request for intervention or from the date the goods are made available for repair, if this availability is subsequent to the request for intervention.

Article 1641 of the Civil Code

The seller is bound by the warranty for hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known about them.

Article 1648 of the Civil Code paragraph 1

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

Appendix 1: Cancellation form

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

For the attention of :

SMA
7 Rue de Bigarreau, FR-68260 Kingersheim

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

Ordered on (*) / received on (*) ........................................................................

Name of consumer(s): ........................................................................

Address of the consumer(s): ........................................................................

Signature of the consumer(s) (only if this form is notified on paper):

Date: ........................................................................

(*): Delete as appropriate.

English
English