Legal guarantees
Publisher: FGRibreau SARL (SIREN 850 824 350), 3 rue de l’aubépine, 85110 Chantonnay
Preamble
Independently of any commercial warranty, FGRibreau SARL remains bound by the following legal guarantees, which apply to our physical products (hardcover book, posters) and digital products (e-book, checklists).
Legal guarantee of conformity (art. L217-3 et seq. of the Consumer Code)
You have 2 years from delivery of the goods to act. The goods (or digital content) must conform to the contract and to the expected use. In case of non-conformity, you may obtain bringing into conformity (repair/replacement) or, failing that, a price reduction or rescission of the sale, free of charge and without major inconvenience. For goods, the defect is presumed to exist at delivery if it appears within 24 months (12 months for second-hand).
For digital content and services (ord. 2021-1247), the guarantee of conformity also applies: we provide the updates necessary to maintain conformity for the reasonably expected period.
Statutory box (art. L217-15 of the Consumer Code)
“The consumer has a period of two years from delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event a defect of conformity appears. During this period, the consumer need only establish the existence of the defect of conformity and not the date of its appearance.
The legal guarantee of conformity entails, where applicable, an obligation for the professional to provide all updates necessary to maintain the conformity of the goods.
The legal guarantee of conformity gives the consumer the right to repair or replacement of the goods within thirty days of their request, free of charge and without major inconvenience.
If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee. If the consumer requests repair but the seller imposes replacement, the legal guarantee of conformity is renewed for two years from the date of replacement.
The consumer may obtain a reduction in the purchase price while keeping the goods, or terminate the contract with a full refund against return of the goods, if: 1° the professional refuses to repair or replace the goods; 2° repair or replacement occurs after thirty days; 3° repair or replacement causes major inconvenience to the consumer, notably where the consumer definitively bears the costs of taking back or removing the non-conforming goods, or bears the installation costs of the repaired or replacement goods; 4° the non-conformity persists despite the seller’s unsuccessful attempt to bring the goods into conformity.
The consumer is also entitled to a price reduction or to termination of the contract where the defect of conformity is so serious as to justify the immediate price reduction or termination. The consumer is then not required to first request repair or replacement.
The consumer is not entitled to terminate the sale if the defect of conformity is minor.
Any period during which the goods are unavailable for repair or replacement suspends the remaining guarantee until delivery of the repaired goods.
The rights above result from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code.
A seller who, in bad faith, obstructs the implementation of the legal guarantee of conformity incurs a civil fine of up to €300,000, which may be raised to 10% of average annual turnover (Article L. 241-5 of the Consumer Code).
The consumer also benefits from the legal warranty against hidden defects under Articles 1641 to 1649 of the Civil Code, for two years from discovery of the defect. This warranty allows for a price reduction if the goods are kept, or a full refund against return of the goods.”
Warranty against hidden defects (art. 1641 et seq. of the Civil Code)
You may decide to invoke the warranty against hidden defects of the item sold (art. 1641 Civil Code). In that case, you may choose between rescission of the sale or a price reduction (art. 1644 Civil Code), within 2 years of discovering the defect.
Implementation
Contact: fg@getnobullshit.com. See also Right of withdrawal, Shipping and Mediation.