PROVISIONS RELATING TO LEGAL GUARANTEES
All Products benefit from legal guarantees, provided that their use has been normal and that the maintenance advice has been followed.
Legal guarantee of compliant delivery
In accordance with Article L217-4 of the Consumer Code, the seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility.
Pursuant to article L217-5 of the Consumer Code, the goods comply with the contract:
If it is suitable for the use usually expected of a similar good and, where applicable:
if it corresponds to the description given by the seller and has the qualities that the latter 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, in particular in advertising or labeling;
Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Legal guarantee against hidden defects
In accordance with Article 1641 of the Civil Code, the seller is bound by the guarantee due to hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have given a lower price, if he had known them.
In the event of a legal guarantee of conformity action:
- The action resulting from the lack of conformity is prescribed by (2) two years from the delivery of the goods (Article L217-12 of the Consumer Code).
- In the event of a lack of conformity, the buyer chooses between repair and replacement of the good.
However, the seller may not proceed according to the buyer's choice if this choice entails a manifestly disproportionate cost compared to the other modality, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer. (Article L217-9 of the Consumer Code)
- Conformity defects which appear within (24) twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. (Article L217-7 of the Consumer Code).
The legal guarantee of conformity applies independently of the commercial guarantee granted by ANJALI MOONRISE at the end of article 9 of these general conditions of sale.
In the event of implementation of the guarantee against hidden defects:
- The buyer has the choice of returning the item and having the price returned, or keeping the item and having part of the price returned, as it will be arbitrated by experts (Article 1644 of the Civil Code).
- The action resulting from latent defects must be brought by the purchaser within (2) two years from the discovery of the defect (Article 1648 paragraph 1 of the Civil Code).
In the event of a finding of non-compliance or a defect affecting one or more Product (s) within the aforementioned deadlines, the Purchaser may return the Products to ANJALI MOONRISE at the address ANJALI MOONRISE 107 chemin du Canadeau 83330 LE CASTELLET or contact by email at the following address anjalimoonrise@gmail.com who will confirm the procedure to be followed.
If the aforementioned conditions are met, ANJALI MOONRISE will proceed with the exchange of the Product (s) presenting such defects of conformity or proven defects and the origin of which is indeed attributable to ANJALI MOONRISE or will reimburse the Purchaser the amount of such Product (s), as well as the costs of returning the Products paid by the Purchaser, if applicable.