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La Rosée cosmétiques
Partner pharmacies

General Terms and Conditions of Sale

Last updated on 01/07/2023

Article 1. Description

This website: https://www.larosee-cosmetiques.com/ (or any other address that could replace it or refer to this website, hereinafter the "Website") is published by LA ROSÉE COSMÉTIQUES, a simplified joint-stock company, listed in the LYON Register of commerce and Trade under the number 800 064 230, having its registered office at 16 rue du Plat, 69002 Lyon. In accordance with its legal obligations relating to Extended Producer Responsibility (EPR), La Rosée joins the CITEO eco-organisation under the following Unique Identification number: FR215386_01OVLV (hereinafter “La Rosée”).

Article 2. Purpose

These General Terms and Conditions of Sale (the "General Terms and Conditions of Sale") are applicable exclusively to the online sale of cosmetic products and accessories (including toiletry bag, tote bags, travel kits, etc.) (hereinafter the "Cosmetic Products"), designed and marketed by La Rosée, e-gift cards marketed by La Rosée on the Website (hereinafter "e-Gift Card (s)"), as well as a product consisting of financing the planting of a tree in deforested areas in partnership with the Beneficiaries as part of the "1 euro = 1 planted tree" operation (hereinafter the "Tree(s)"). The Cosmetic Products, e-Gift Cards and Trees are hereinafter together referred to individually or collectively as the “Product(s)”. These General Terms and Conditions of Sale are supplemented by the General Terms and Conditions of Use as well as the Privacy Policy, the Return Policy and the Cookie Policy, as defined below.

Article 3. Definitions

"General Terms and Conditions of Sale", "e-Gift Cards", "Tree(s)" and "Product(s)" are defined in Article 2 above. "Website" and "La Rosée" are defined in Article 1 above. "Customer" means any natural person having the status of "consumer" within the meaning of the French Consumer Code. "Order" means any order for Products issued online by a Customer via the Website and being firm and final once the payment of the corresponding Price has been paid. "Personal Data" means any information relating to a directly or indirectly identified or identifiable natural person, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. “Price" means the sale price of the Products. “GDPR” means the General Data Protection Regulation (EU) No.2016/679. “Party(ies)” refers individually or collectively to La Rosée and/or the Customer. “General Terms and Conditions of Use” means the general terms and conditions of use of the Website. “Privacy Policy” means La Rosée's privacy policy. “Cookie Policy” means La Rosée's cookie policy. "Return Policy" means the return and refund policy for La Rosée Products applicable to the Customer, in particular in the context of the exercise of their right of withdrawal. "Personal Space" is defined in the General Terms and Conditions of Use. “User” refers to any user of the Website. “Beneficiary(ies)”: means the beneficiary(ies) of the funds collected by La Rosée and undertaking planting actions in deforested areas.

Article 4. Scope of application - contractual documents

Article 5. Pre-contractual information

  • The Customer acknowledges that they have been informed, prior to placing their Order and entering into the electronic sales contract, in a readable and comprehensible manner, of these General Terms and Conditions of Sale, and of all the information listed in Articles L. 111-1 et seq. of the French Consumer Code and Articles L. 221-5 of the French Consumer Code.

Article 6. Conditions for placing an order

The Order for Products is reserved for (i) adults with legal capacity, and (ii) minors holding an authorization from their legal representative allowing them to place an Order and having legal capacity. La Rosée reserves the right to ask any Customer for proof of identity, certifying their age. Customers are prohibited from making a purchase for resale of the Products and from purchasing the Products for use in connection with their professional activity.

Article 7. Products

7.1 Products

The conditions of sale of the Products offered on the Website are those appearing on the Website on the day of consultation of the Website by the Customer. The Products are intended for personal use. The essential features of the Products are described on the online catalog of the Website. They were presented to the Customer prior to the Order, as part of the pre-contractual information communicated to it via the Website. The Products are described with the greatest possible accuracy. However, if errors or omissions are found in this presentation, La Rosée cannot be held liable. The photographs of the Products are not contractual. The Products are compliant with the French legislation in force. La Rosée cannot be held liable in the event of non-compliance with the legislation of the country to which the Product is delivered (for example: in the event of a ban of a Product). Customers are responsible for checking with the authorities of the country of delivery the regulations applicable to the Products (import rules and conditions of use of the Products in particular) that they wish to Order.

7.2 Product unavailability

The offers of Products are within the limit of available stocks. The Customer is required to read the descriptive sheet of each Product in order to know its essential properties and particularities. In the event of unavailability of Products, La Rosée undertakes to inform the Customer, when placing the Order, via a message informing the Customer of the unavailability of the Product(s).

7.3 Samples

Sample offers are offered subject to available stocks of Products.

7.4 Package option

Customers have the option to leave a kind word in their package of Products and/or choosing a second-hand package.

7.5 E-Gift Cards

The e-Gift Card is a digital voucher allowing Customers to pay for their purchases on the Website. It does not allow for the payment of e-Gift Cards and cannot give rise to any monetary consideration in any form whatsoever. It is sold for a variable amount between €30 and €100, the amounts expressed including all taxes. It is valid for a period of one (1) year from the date of its activation. The e-Gift Card may be used on the Website, on one or more occasions up to its credit amount at the time of the Order. It may not be used to purchase another e-Gift Card. The credit amount of the e-Gift Card may be supplemented by another means of payment accepted by La Rosée. The Customer undertakes to inform any recipient of the e-Gift Card of its expiry date and its conditions of use. E-Gift Cards are not exchangeable or refundable, in particular in the event of loss and/or theft, and cannot be blocked. La Rosée declines any responsibility regarding the email address provided for sending the e-Gift Card.

7.6 Trees

Customers may place an Order for a Tree on the Website, subject to having added at least one (1) Cosmetic Product or one (1) e-Gift Card, in their virtual shopping cart. For this purpose, the Customer undertakes to pay La Rosée, which accepts, a Price, with La Rosée being responsible for returning the funds to the Beneficiary(ies). The Customer can add a maximum of one hundred (100) Trees per Order. The payment of the Price of one or more Trees by the Customer does not give rise to any tax reduction because they do not amount to a donation. In return for the payment of the Price by the Customer, La Rosée undertakes to repay the corresponding funds to the Beneficiary(ies). The list of Beneficiaries can be consulted at any time by the Customer on the Website https://www.larosee-cosmetiques.com/. If a Beneficiary is unavailable or unable to carry out the planting, La Rosée reserves the right to change the Beneficiary and the place of planting according to the constraints and hazards inherent to the progress of the project. This change will not result in the cancellation of the Order.

Article 8. Price

The Prices of Cosmetic Products and Trees are indicated in euros (€), all taxes included on the day of the Order. They may be accompanied by any discounts, applicable on the day of the Order. The Cosmetic Product Prices do not include the shipping costs of the Cosmetic Products, which are indicated before the validation of the Order, according to the shipping method chosen, and invoiced in addition, nor the customs costs and any other taxes borne by the Customer. Customs fees and any other taxes must be paid by the Customer, if applicable, directly to the carrier. The total amount due by the Customer is indicated on the Order confirmation page. Any discounts granted in the form of promotional codes are valid only for one Order per household, and are not cumulative with other discounts. Promotional codes do not apply to the purchase of one or more Tree(s). E-Gift Cards are electronic payment products not subject to value added tax (VAT). The Price of a Tree is non-negotiable and is set by La Rosée and displayed on the Website.

Article 9. The order process

9.1 Terms of the Order

Any User wishing to place an Order for the Products via their Personal Space on the Website must first activate it, under the conditions provided for in the General Terms and Conditions of Use that can be found here: General Terms and Conditions of Use

The placing of an Order on the Website is subject to compliance with the procedure put in place by La Rosée and the successive steps that lead to the validation of the Order.

The Customer may access the online catalog of Products for sale on the day of consultation of the Website, choose the Products they wish to purchase, and add one or more Product(s) to their virtual shopping cart. The Customer's virtual shopping cart provides an overview of the Products selected by the Customer as well as the Prices and related costs. The latter remains free to modify their virtual shopping cart until the validation of the Order.

In accordance with the provisions of Article 6 of these GTCS, the Customer may not purchase the Products for the purpose of resale and/or professional use.

A Customer is limited to a maximum of 10 Products for the same reference during the same order and for a period of fifteen (15) days.

In the event of non-compliance with these conditions, La Rosée shall be entitled to cancel the Order.

The Order is validated when the Customer has read these General Terms and Conditions of Sale and then ticked the box "I have read and accept the General Terms and Conditions of Sale".

The Customer undertakes to complete accurately and in good faith any contact form containing the Personal Data during the Order process.

9.2 Evidence

Computerized records, kept in the La Rosée's computer systems under reasonable security conditions, will be considered as evidence of communications, Orders and payments made between the Parties. The Orders and invoices are archived on a reliable and durable medium that can be produced as evidence.

9.3 Payment

The Price paid by the Customer to La Rosée is the amount indicated on the Order confirmation sent by email by La Rosée to the Customer. The Customer has the choice during the validation of his Order between the following different payment methods:

If payment is made by PayPal and e-Gift Card, the amount of the Order is debited on the Order. If payment of the Order is made by bank card, the card shall only be debited when La Rosée dispatches the Customer's parcel. In the context of payments by bank card, La Rosée does not have access to any Personal Data relating to the Customer's means of payment. Payment is made directly to the bank. The Order is validated by La Rosée only after acceptance of the General Terms and Conditions of Sale by the Customer, confirmation of the validity of the payment by La Rosée and sending the Order confirmation email to the Customer. La Rosée reserves in all cases the right to refuse the Order or any shipment in the event of refusal of authorization for payment by bank card from the banking institutions.

9.4 Order confirmation

Once the Order is confirmed and payment is made by the Customer, La Rosée undertakes to acknowledge receipt by sending the Customer an email, without undue delay. La Rosée undertakes to send the Customer a summary of the Order and to confirm its processing, which includes the following information:

  • Identity of La Rosée and its contact details;
  • Summary of the Order and the essential characteristics of the Products;
  • The General Terms and Conditions of Sale as accepted by the Customer;
  • The Product Return Policy;
  • The delivery times and costs;
  • The total amount of the Order, including all taxes;
  • The legal rights and guarantees available to the Customer;
  • The payment confirmation;
  • The Order reference.

ARTICLE 10. Delivery and receipt

10.1 Delivery terms

10.1.1 Delivery of Cosmetic Products

The Order for Cosmetic Products is prepared and then shipped to the postal address provided by the Customer at the time of the Order. As such, it is essential that the Customer takes special care to provide all of their delivery and billing details if they are different. In the event of an error (or missing information) in the recipient's contact details (in particular surname, first name, number, street name, postal code, city name, telephone number, email, etc.), La Rosée cannot be held responsible for the impossibility of delivering or the loss of the package. Delivery is made by the postal services or by a carrier mandated by La Rosée. La Rosée offers the Customer different shipping methods. The amount of the Cosmetic Products shipping costs depends on the shipping method chosen by the Customer. The Customer is informed of the shipping costs of the Cosmetic Products when filling in information for "Delivery adress" in the online Order process before validation of the latter.

10.1.2 Delivery of e-Gift Cards and Trees

Delivery of the e-Gift Cards and Trees is made to the email address provided by the Customer when placing the Order. The confirmation of the Order will be sent to this email address. In the event of an Order for an e-Gift Card, the Customer will receive a second email containing the e-Gift Card that the Customer can print and offer to the person of their choice. In case of non-receipt of the Order Confirmation email and/or the second email containing the e-Gift Card in their inbox, the Customer is invited to check the "Junk mail" or "Spam” folders of their inbox. The Customer is responsible for their mailbox and for anyone who can access it. In this regard, La Rosée cannot be held liable in the event of fraudulent use of the e-Gift Card by anyone other than the Customer. In case of difficulty, the Customer is invited to contact La Rosée's customer service at the contact details indicated in Article 16 of these General Terms and Conditions of Sale.

10.2 Delivery times

10.2.1 Cosmetic Products

From the confirmation of the Order, the Cosmetic Products concerned are delivered within the indicative deadlines that any Customer can calculate before validating their virtual shopping cart, according to the chosen shipping method.

In any case, La Rosée undertakes to deliver the Cosmetic Products within thirty (30) days maximum after confirmation of the Order.

If delivery does not occur by the end of this period, the Customer may request the cancellation of the Order under the conditions set out below.

10.2.2 E-Gift Cards and Trees

e-Gift cards are sent immediately by email and automatically activated within 24 business hours, from the validation of the Customer's Order. The e-Gift Card is sent to the email address provided by the Customer. La Rosée declines all responsibility for the correct entry of the email address provided for the sending of the e-Gift Card.

10.3. Delivery delays

Any delay in delivery - in the event of exceeding the maximum period of thirty (30) days after confirmation of the Order - except in cases of force majeure, entitles the Customer to cancel the Order and to be refunded for the Price.

In the event of a delay due to La Rosée, the company undertakes to inform the Customer by email that the delivery will be delayed.

However, the Customer can request a refund of the Price of the Product concerned by sending La Rosée an email requesting the cancellation of the Order.

The reimbursement of the Product by La Rosée will take place within a maximum period of fourteen (14) days following receipt of the Customer's cancellation request, depending on the method of payment used, to the exclusion of any other compensation. This includes the reimbursement by La Rosée of the Customer's shipping costs.

10.4. Receipt of Cosmetic Products

The Customer is required to track the sending of their parcel and to collect it by the specified date. The Customer shall be solely liable for any non-receipt of the parcel due to their fault. Therefore, if the Customer wishes to request a new shipment of the parcel, La Rosée reserves the right to charge the Customer in addition to the additional shipping costs for this new shipment. Upon receipt of the Cosmetic Products, the Customer is advised to check in the presence of the delivery person the condition of the delivered Product, and, in the event of damage or missing items, to express reservations on the delivery note or on the transport receipt, and optionally to refuse the Cosmetic Product and to notify La Rosée by email. Any damaged Cosmetic Product must be reported on the delivery note and reported by email or by registered letter with acknowledgement of receipt to La Rosée's customer service indicated in Article 16 below, within ten (10) days following receipt of the Order. In the event of delivery of damaged Cosmetic Products, La Rosée undertakes to reimburse or replace the Cosmetic Products concerned at its own expense. In the event of missing Cosmetic Products, La Rosée undertakes to send, at its own expense, the said missing Cosmetic Products.

ARTICLE 11. Transfer of ownership - transfer of risks

La Rosée retains full ownership of the Products until the full receipt of the Price. The transfer of risk is made when the Customer takes possession of the Products. The transfer of risks of e-Gift Cards and Trees takes place at the time of their transmission by email.

ARTICLE 12. Legal guarantees of conformity and hidden defects

12.1. Description of the legal guarantees

No commercial guarantee is granted for the Products. However, Cosmetic Products purchased with e-Gift Cards have the same Return Policy as Cosmetic Products purchased with other means of payment.

La Rosée is bound by the legal guarantee of conformity for goods, digital content and digital services in application of articles L. 217-3 et seq. of the French Consumer Code). The legal provisions of the French Consumer Code are reproduced in full below. La Rosée is also bound by the warranty against hidden defects as defined in Articles 1641 to 1648 and 2232 of the French Civil Code, which are reproduced in Appendix 1 hereto. These guarantees allow the Customer to return non-compliant or defective Cosmetic Products and e-Gift Cards.

12.2. Terms of implementation of the legal guarantees

“Consumers have two years from the delivery of the goods to require the implementation of the legal guarantee of conformity if a non-conformity occurs. During this period, consumers are only required to establish the existence of the non-conformity and not its date of occurrence.

Where the contract for the sale of the goods provides for the delivery of digital content or a digital service on a continuous basis for a period exceeding two years, the legal guarantee shall apply to such digital content or digital service throughout the planned delivery period. During this period, consumers are only required to establish the existence of the non-conformity affecting the digital content or digital service and not its date of occurrence.

The legal guarantee of conformity entails the obligation for the professional, if necessary, to provide all the updates necessary to maintain the conformity of the goods.

The legal guarantee of conformity gives consumers the right to have the goods repaired or replaced within thirty days following their request, at no cost and without major inconvenience to them.

If the goods are repaired under the legal guarantee of conformity, consumers benefit from a six-month extension of the initial guarantee.

If consumers request that the goods be repaired, but the seller requires the replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.

Consumers may obtain a reduction in the purchase price by retaining the goods or terminating the contract and be reimbursed in full for the return of the goods, if:

The professional seller refuses to repair or replace the goods;

The repair or replacement of the goods occurs after a period of thirty days;

The repair or replacement of the goods causes a major inconvenience for the consumer, in particular when the consumer definitively bears the cost of taking back or removing the non-compliant goods, or if they bear the cost of installing the repaired or replacement product;

The non-conformity of the goods persists despite the seller's unsuccessful attempt to bring it into conformity.

Consumers are also entitled to a price reduction of the goods or the rescission of the contract when the non-conformity is so serious that it justifies the immediate price reduction or rescission of the contract. In this case, Consumers are not required to request in advance that the goods be repaired or replaced.

Consumers are not entitled to the cancellation of the sale if the non-conformity is minor.

Any period during which the goods are unavailable for repair or replacement shall suspend the remaining guarantee period until delivery of the repaired goods.

The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the French Consumer Code.

The seller who obstructs in bad faith the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of the average annual turnover (Article L. 241-5 of the French Consumer Code).

Consumers also benefit from the legal guarantee of hidden defects pursuant to Articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This guarantee shall give rise to a price reduction if the goods are maintained or to a full refund against return of the goods.”

Any claim under these guarantees must be made under the conditions defined in the Return Policy.

ARTICLE 13. Product return policy

The Product Return Policy in the event that the Customer wishes to withdraw from an Order, or return a defective or non-compliant Cosmetic Product or e-Gift Card is accessible via the following link: return policy.

ARTICLE 14. Intellectual property

La Rosée holds the intellectual property rights relating to the Product(s) allowing it to market them as well as all intellectual property rights covering the logos, packaging and containers of the Products. La Rosée is the owner of all the trademarks designating the Products.

ARTICLE 15. Liability - insurance

The Products offered for sale on the Website are compliant with the French legislation in force.

La Rosée shall not be held liable in the event of non-performance or improper performance of the electronic sales contract due to the Customer, or a case of force majeure as defined in Article 17.2.

It is agreed that the obligation of La Rosée in connection with the Order of one or more Tree(s) is strictly limited to the collection of funds when ordering a Tree and their allocation to the plantation. La Rosée cannot be held responsible for the final result of tree plantations that may be subject to natural hazards. La Rosée cannot be held liable for the consequences of the impossibility of planting trees upon the Order for Trees sold online on the Website.

La Rosée declares to be covered by civil liability insurance for the activities covered by these General Terms and Conditions of Sale.

ARTICLE 16. Customer service - claim - mediation

For any difficulty, the Customer must first contact La Rosée customer service, at the following contact details, on the following days and times:

  • Monday to Friday except public holiday or non-working day
  • From 9:30 am to 12:30 pm and from 2:00 pm to 5:30 pm;
  • At the following telephone number: +33 1 76 50 77 07; or
  • At the following email address, contact@larosee-cosmetiques.com; or
  • At the following postal address: 16 rue du Plat 69002 Lyon

In the event of failure of the claim sent to the customer service of La Rosée or in the absence of a response from this service within one (1) month, the Customer may submit the dispute relating to their Order or these General Terms and Conditions of Sale to the following mediator:  CMAP- The Paris Mediation and Arbitration Centre. You can notify the Mediator. To submit your dispute to the mediator, you can:
- fill in the form on the CMAP website: www.cmap.fr  ("consumer” tab), ;
- send your request by simple or registered letter to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or send an email to consommation@cmap.fr  .

The mediator, who will attempt, in complete independence and impartiality, to bring the Parties together with a view to reaching an amicable solution. To submit their request for mediation, the Customer may make a request by directly contacting the mediator whose contact details appear above. The Parties remain free to accept or reject the use of mediation and, if mediation is used, each party is free to accept or reject the solution proposed by the mediator.

In addition, the Customer is informed of the existence at European level of the online dispute resolution platform, accessible at the URL: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

ARTICLE 17. Miscellaneous Provisions

17.1. Non-validity

The invalidity of a clause of the General Terms and Conditions of Sale shall not result in the invalidity of the General Terms and Conditions of Sale. The temporary or permanent non-application of one or more clauses of the General Terms and Conditions of Sale shall not constitute its waiver of the other clauses of the General Terms and Conditions of Sale, which shall continue to be fully effective.

17.2. Force majeure

Neither the Customer nor La Rosée shall be held liable for the partial or total non-performance of their obligations hereunder in the event of force majeure. As such, force majeure means any unforeseeable, irresistible and external event within the meaning of Article 1218 of the French Civil Code and the case law of the French courts. The Party invoking a case of force majeure must notify the other Party, within five (5) working days after it became aware of the event. The Parties agree to work together to find a solution for the purpose of executing the Order, during the period of force majeure. After a period of one (1) month from the occurrence of the case of force majeure, if La Rosée unable to deliver the Order, it undertakes to reimburse the Customer.

17.3. Changes

The General Terms and Conditions of Sale in force can be found by the Customer on the Website under the heading "General Terms and Conditions of Sale" at any time; they are also directly available on all pages of the Website, and are systematically submitted to the Customer before any Order, and at the time of registration of the Order. They are also sent to any Customer in PDF version in the Order confirmation email.

They may be changed at any time by la Rosée. However, the General Terms and Conditions of Sale applicable to the Customer shall be those in force at the time of the Order as accepted by the latter.

17.4. Applicable law and jurisdiction

This contract is governed by French law.

IF AN AMICABLE AGREEMENT IS NOT REACHED IN THE CONTEXT OF MEDIATION BETWEEN THE PARTIES DESCRIBED IN ARTICLE 16, THE CUSTOMER MAY REFER THE MATTER TO THE COMPETENT FRENCH COURT FOR ANY DISPUTE RELATING TO THE EXISTENCE, INTERPRETATION, CONCLUSION, PERFORMANCE OR TERMINATION OF THE ELECTRONIC SALES CONTRACT AS WELL AS TO ALL DOCUMENTS RELATED TO THIS ELECTRONIC SALES CONTRACT.

ARTICLE 18. Personal data-cookies

The processing of Personal Data carried out by La Rosée is described in the Privacy Policy accessible here: Privacy Policy

The Cookie Policy can be found here: Cookie Policy

Appendix 1: Articles of the French Civil Code and the Consumer Code relating to the legal guarantee of conformity and the legal guarantee of hidden defects

1. Legal guarantee of conformity

Article L. 217-3 of the French Consumer Code:

The seller shall deliver goods in accordance with the contract and the criteria set out in Article L.217-5.
It shall be liable for any non-conformity existing at the time of the delivery of the goods within the meaning of article L. 216-1 which were to appear within two years of the delivery of the goods. (…) The seller shall also be liable, during the same periods, for non-conformities resulting from the packaging, assembly instructions, or installation when it is liable therefore under the contract, or when it has been carried out under its liability, or when the incorrect installation, carried out by the consumer as stipulated in the contract, is due to shortcomings or errors in the installation instructions provided by the seller.
This guarantee period shall apply without prejudice to Articles 2224 et seq. of the French Civil Code. The starting point for the time limit on the consumer’s action shall be the day on which the consumer becomes aware of the non-conformity.”

Article L. 217-4 of the French Consumer Code:

“The goods conform to the agreement if they meet, as applicable, the following criteria:

  1. They match the description, type, quantity and quality, particularly with regard to the functionality, compatibility, interoperability, or any other characteristic provided for in the contract;
  2. They are suitable for any special use sought by the consumer, brought to the attention of the seller at the latest at the time of conclusion of the contract, and which the latter has accepted;
  3. They are delivered with all accessories and installation instructions that must be provided in accordance with the contract;
  4. They are updated according to the contract.

Article L. 217-5 of the French Consumer Code:

I. In addition to the criteria for compliance with the contract, the goods comply if the following criteria are met:

  1. They are suitable for the normal intended use of a product of the same type, taking into account, where appropriate, any provision of European Union law and domestic law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;
  2. If applicable, the goods have the qualities that the seller has presented to the consumer in the form of a sample or model, before the conclusion of the contract;
  3. Where applicable, the digital elements that the goods contain are provided according to the most recent version that is available at the time of the conclusion of the contract, unless otherwise agreed by the parties;
  4. Where applicable, the goods are delivered with all accessories, including packaging, and installation instructions that the consumer can legitimately expect;
  5. Where applicable, the goods are provided with the updates that the consumer can legitimately expect, in accordance with the provisions of Article L.217-19;
  6. They correspond to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, in view of the nature of the goods as well as the public representations made by the seller, by any person upstream in the transaction chain, or by a person acting on their behalf, including in advertising or on labelling.

II. However, the seller is not bound by any public representations referred to the preceding paragraph if it demonstrates that:

  1. It did not know them and was not legitimately able to know them;
  2. At the time of the conclusion of the contract, the public representations had been corrected in conditions comparable to the initial representations; or
  3. The public representations could not have had an influence on the purchase decision.

III. Consumers may not challenge conformity by invoking a defect concerning one or more particular characteristics of the goods, of which they have been specifically informed that such characteristics deviate from the conformity criteria set out in this article, to which deviation they expressly and separately consented at the time of the conclusion of the contract.

Article L. 217-8 of the French Consumer Code:

In the event of non-conformity, the consumer is entitled to have the goods brought into conformity by repair or replacement or, failing which, a price reduction or termination of the agreement, under the terms and conditions set out in this subsection.

Moreover, consumers have the right to withhold payment of all or part of the price or the granting of the benefit provided for in the contract until the seller has fulfilled its obligations under this section, under the conditions of Articles 1219 and 1220 of the French Civil Code.

The provisions of this section shall be without prejudice to the award of damages.

Article L. 217-12 of the French Consumer Code:

The seller may not proceed according to the choice made by the consumer if the requested bringing into conformity is impossible or results in disproportionate costs in particular with regard to:
1. The value of the goods in the absence of a non-conformity;
2. The extent of the non-conformity; and
3. The possibility of opting for the other choice without major inconvenience for the consumer.
The seller may refuse the bringing into conformity of the goods if this is impossible or entails disproportionate costs, in particular with regard to point 1 and 2.
When these conditions are not complied with, consumers may, after formal notice, continue the forced performance 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 goods into conformity shall be justified in writing or on a durable medium.

Article L. 217-16 of the French Consumer Code:

In the cases provided for in Article L.217-14, consumers shall inform the seller regarding their decision to terminate the contract. The consumer shall return the goods to the seller at the latter's expense. The seller shall reimburse the consumer for the price paid and return any other benefit received under the agreement.
If the non-conformity relates only to certain goods delivered under the agreement of sale, the consumer shall be entitled to terminate the agreement for all goods, even those not covered by this section, if they cannot reasonably be expected to agree to keep only the conforming goods.
For agreements referred to in II of Article L.217-1, providing for the sale of goods and, on a secondary basis, the provision of services not covered by this section, the consumer is entitled to the termination of the entire contract. In addition, in the case of a bundled offer within the meaning of Article L.224-42-2, the consumer has the right to the termination of all related contracts.
The respective obligations of the parties to the contract, set out in Article L.224-25-22 and relating to the consequences of the cancellation for digital content and digital services, are applicable to the cancellation of the contract for the sale of goods containing digital elements.

2. Guarantee against hidden defects

Article 1641 of the French Civil Code:

The seller shall be bound by the guarantee against hidden defects in respect of goods sold which render them unfit for their intended use or which reduce such use to the extent that the buyer would not have purchased them, or would have paid a lower price only, had they been aware of them.

Article 1648 paragraph 1 of the French Civil Code:

Actions resulting from latent defects must be brought by the buyer within two years of the discovery of the defect.

The Customer may decide to file a claim under the guarantee against hidden defects for goods sold within the meaning of article 1641 of the French Civil Code. In this case, he/she may choose between cancellation of the sale or a price reduction in accordance with Article 1644 of the French Civil Code.

Article 2232 of the French Civil Code:

The postponement of the starting point, the suspension or interruption of the limitation period may not have the effect of extending the period of limitation beyond twenty years from the day the right first applied.

The first paragraph shall not apply in the cases referred to in Articles 2226, 2226-1, 2227, 2233 and 2236, the first paragraph of Article 2241 and Article 2244. It does not apply either to actions relating to the status of persons.