General conditions of sale
General conditions of sale
These conditions include in particular the following information:
The means of reproduction and archiving of these conditions
Legal notices for the website www.esperanza.shop
The general conditions of use of the website www.esperanza.shop
The essential characteristics of the goods offered
The different steps to follow to conclude the contract online
Technical means of identifying and correcting errors made during data entry
Languages offered
The terms of archiving and access to the contract
The means of consulting the professional and commercial rules to which the seller intends to submit
Legal and contractual guarantees
Delivery times, costs and terms
Delivery tracking and costs of remote communication techniques
The price
Payment methods and security measures
Details on how to exercise the right of withdrawal,
The duration of the contract and validity of the price.
Last updated July 10, 2020.
www.esperanza.shop is a service of Nathalie Alexandre
Headquarters: Esperanza.shop
SIRET: 50247573400021
Tel: 06 51 12 09 30
Email: contact@esperanza.shop
To view the legal notices for the website www.esperanza.shop, click on “Legal notices”.
It is previously specified that these conditions exclusively govern sales, by www.esperanza.shop, of Nathalie Alexandre.
These conditions apply to all sales made from this site, to the exclusion of all other conditions, in particular those in force for sales in the showroom.
These terms and conditions apply to consumers who have full legal capacity. These terms and conditions apply to all orders you place on this site.
We do our utmost to satisfy you. On this site, we present all the essential characteristics of the goods. The characteristics presented (photos, descriptions, etc.) are taken from information provided by the manufacturers. We will be attentive to the comments you send us using the "contact us" section.
These general conditions are presented in French.
We operate as a distributor and are not subject to any specific professional rules.
1 The different steps to follow to conclude the contract online
1.1 Order
On the Internet: www.esperanza.shop
You make your selection by browsing the pages of our site. Your selections are added to your cart when you click on "add this product to cart". At any time during your navigation on our site, you can confirm your order by clicking on "confirm my order".
You can also order:
By telephone on 06 51 12 09 30 (non-premium rate call) from mainland France.
Monday to Friday from 9:00 a.m. to 5:30 p.m.
Through our 24/7 app available at www.esperanza.shop.
1.2 Validation of the contract
When you click on "Confirm my order", a confirmation message appears. It summarizes all the products and options selected.
You must check all the information provided in this order form, and in particular all the elements useful for delivery (delivery address, digital code, telephone numbers, etc.)
If you do not need to modify the form, you must then read these terms and conditions. If you accept them, you must check the box "I have read the general terms and conditions of sale and I accept them without reservation."
To continue your order, you must click on 'pay for my order'.
After payment on our secure server (see ''payment''), an acknowledgment of receipt is displayed. It confirms the registration of your order and informs you that a confirmation email will be sent to you as soon as possible.
Please note: We reserve the right to refuse an order for the same product above a certain quantity in order to ensure restocking and guarantee a delivery time corresponding to our commitments.
1.3 Technical means of identifying and correcting errors
You have the right to identify and correct errors made when entering your data at any time. If you become aware of an error after entering into the contract, you should contact us using the "Contact Us" section.
The terms of archiving and access to the contract
We will archive contracts, purchase orders and invoices on a reliable and durable medium.
You have the right to access these documents for orders of €120 or more.
Legal and contractual guarantees
Legal guarantees
In accordance with the legal provisions in force relating to the conformity of the goods to the contract, in matters of hidden defects (available in appendix 1 of these conditions), we will reimburse, repair or exchange any product which is apparently defective, damaged or damaged or which does not correspond to your order.
We will also reimburse you for the full return costs upon simple presentation of supporting documents, subject to returning the product(s) to us in the condition received with all the elements.
However, it is recommended to check the apparent condition of the product(s) in the presence of the delivery person.
Contractual guarantees
Products purchased on www.esperanza.shop may be covered by a contractual warranty. If so, various contractual warranties are offered on the product page. To subscribe to these warranties, you must add them to your shopping cart.
In case of a problem or breakdown, you can contact us to find out the steps to follow using the "contact us" section.
You must keep your purchase invoice to benefit from your contractual guarantee.
Responsibility
We do our utmost to satisfy you. We are responsible for the proper execution of these general conditions. However, we cannot be held liable due to a fortuitous event, a case of force majeure, the unforeseeable and insurmountable act of a third party to the contract or due to the non-compliance of the product with foreign legislation in the event of delivery to a country other than France.
Delivery times, costs and terms
4.1 Delivery terms
We will deliver the products to the address indicated in the order form.
4.2 Delivery time
We will deliver to you no later than the date indicated in your order confirmation message.
In the event of a delay in delivery, we will inform you by email as soon as possible and offer you a new date.
If the product ordered is unavailable, we will inform you as soon as possible. We reserve the right to offer you a product of equivalent quality or price.
4.3 Delivery costs
Delivery costs are the responsibility of the customer and depend on the weight and destination of the product(s) ordered.
4.4 Delivery tracking
You can contact us by phone for any questions regarding your delivery using the "contact us" section.
The price
Our product prices are listed in euros, inclusive of all taxes (French VAT and other applicable taxes). They include, in particular, the cost of processing your order.
If you request delivery outside of French territory, your order
may be subject to possible taxes and customs duties when it arrives at its destination.
Payment of these duties and taxes is your responsibility, and we encourage you to check with the relevant authorities in your country. You should also check the import or use options for the products you order from us in the destination country.
6. Payment methods and security measures
Payment methods
You have several payment methods available to pay for your purchases on www.esperanza.shop.
- either by bank cards: Visa, MasterCard, American Express, other credit cards
Payment is made via the secure banking servers of our partners (LCL or PayPal), which means that no banking information about you is transmitted through our website.
Payment by credit card is therefore completely secure; your order will be recorded and validated as soon as the payment is accepted by the bank you have chosen.
Whether through LCL or PayPal, your financial information is never communicated to www.esperanza.shop.
In fact, your personal data is encrypted, and their sites protect your card number. Pay online by simply entering your email address and password.
Security
Payments through our website are subject to a secure system. We have adopted the SSL (Secure Socket Layer) protocol to encrypt credit card details. To protect you from possible intrusion, we do not store credit card numbers on our computer servers. Credit card numbers are processed by PayPal, which returns an authorization number to us.
Satisfied or refunded: terms of exercising the right of withdrawal
In accordance with legal provisions, you can exercise your right of withdrawal within 7 days of receiving your product. You do not need to provide a reason or pay a penalty. With the exception of return shipping costs, which remain your responsibility, we will refund the full amount paid no later than 30 days following your withdrawal. You may also opt for another refund method at our suggestion.
In accordance with legal provisions, the right of withdrawal cannot be exercised for products made to order, according to the consumer's specific specifications or on audio, video or computer software recordings unsealed by the customer.
The duration of the contract and validity of the price.
Prices include the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products on sale on www.esperanza.shop.
The products remain the sole property of esperanza.shop until full payment of the price by esperanza.shop.
Our price offers are only valid within the double limit of the validity period of the offer concerned and available stocks.
Our offers of goods and prices are valid if they appear online on the site on the day of the order.
Applicable legislation/Competent jurisdiction
These conditions are subject to French law.
In the event of a dispute on the merits or form, the French courts will have sole jurisdiction.
Contact us/after-sales service
If you wish to contact us, we are at your disposal:
For information on our offers or to place an order:
06 51 12 09 30 (non-premium rate call) Monday to Friday from 9:00 a.m. to 6:30 p.m.
To track the execution of an order, to exercise your right of withdrawal or to activate the guarantee, you can contact us at 06 51 12 09 30
Intellectual property
Data available in our legal notices.
Personal information
We collect your personal information to manage your orders and monitor our business relationships. It may be shared with our partners exclusively for the execution of your orders, in accordance with these general conditions.
In accordance with the French Data Protection Act of 6 January 1978, you have the right to access, delete, rectify, and object to any personal data concerning you. Simply write to us online at Customer Service or by mail at www.esperanza.shop, providing your first and last name, email address, address, and, if possible, your customer reference number.
We invite you to consult our “privacy policy”.
Appendix 1: Provisions of the Consumer Code concerning the legal guarantee of conformity
Article L211-4
The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.
It is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been made its responsibility by the contract or has been carried out under its responsibility.
Article L211-5
To comply with the contract, the property must:
1° Be suitable for the use usually expected of a similar good and, where applicable:
- correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;
- present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2° Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L211-6
The seller is not bound by public statements made by the producer or his representative if it is established that he did not know them and was not legitimately in a position to know them.
Article L211-7
Any lack of conformity which appears within six months of delivery of the goods shall be presumed to have existed at the time of delivery, unless proven otherwise.
The seller may challenge this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.
Article L211-8
The buyer is entitled to demand that the goods conform to the contract. However, he cannot contest conformity by invoking a defect that he knew about or could not have been unaware of when he entered into the contract. The same applies when the defect originates from the materials that he himself supplied.
Article L211-9
In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods.
However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate compared to the other method, taking into account the value of the goods or the significance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer.
Article L211-10
If repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price refunded.
The same faculty is open to him:
1° If the solution requested, proposed or agreed upon in application of Article L. 211-9 cannot be implemented within one month following the buyer's complaint;
2° Or if this solution cannot be achieved without major inconvenience for the latter given the nature of the property and the use he is seeking.
However, the sale cannot be cancelled if the lack of conformity is minor.
Article L211-11
The application of the provisions of Articles L. 211-9 and L. 211-10 takes place at no cost to the buyer.
These same provisions do not prevent the allocation of damages.
Article L211-12
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L211-13
The provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature which is recognized by law.
Article L211-14
The recourse action may be exercised by the final seller against successive sellers or intermediaries and the producer of the tangible personal property, according to the principles of the civil code.
Appendix 2: Provisions of the Civil Code concerning the guarantee against hidden defects
Article 1641
The seller is bound by the guarantee for 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 paid a lower price for it, if he had known of them.
Article 1642
The seller is not liable for apparent defects of which the buyer has been able to convince himself.
Article 1642-1
The seller of a building to be constructed cannot be discharged, either before acceptance of the works or before the expiry of a period of one month after the purchaser takes possession, from construction defects or lack of conformity then apparent.
There will be no reason to terminate the contract or reduce the price if the seller undertakes to repair.
Article 1643
He is liable for hidden defects, even if he was not aware of them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee.
Article 1644
In the case of Articles 1641 and 1643, the buyer has the choice of returning the item and having the price refunded, or of keeping the item and having part of the price refunded, as will be arbitrated by experts.
Article 1645
If the seller knew of the defects in the item, he is liable, in addition to the restitution of the price he received, for all damages and interest to the buyer.
Article 1646
If the seller was unaware of the defects in the item, he will only be required to return the price and reimburse the purchaser for the costs incurred by the sale.
Article 1646-1
The seller of a building to be constructed is bound, from the acceptance of the works, by the obligations which architects, contractors and other persons linked to the project owner by a work rental contract are themselves bound by in application of articles 1792, 1792-1, 1792-2 and 1792-3 of this code.
These guarantees benefit the successive owners of the building.
There will be no reason to cancel the sale or reduce the price if the seller undertakes to repair the damages defined in Articles 1792, 1792-1 and 1792-2 of this Code and to assume the guarantee provided for in Article 1792-3.
Article 1647
If the thing which had defects has perished as a result of its poor quality, the loss is for the seller, who will be liable to the buyer for the restitution of the price and the other compensation explained in the two preceding articles.
But the loss incurred by fortuitous event will be for the account of the buyer.
Article 1648
The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.
In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, within one year following the date on which the seller can be discharged from apparent defects or lack of conformity.
Article 1649
It does not take place in sales made by judicial authority.
The means of reproduction and archiving of these conditions
Legal notices for the website www.esperanza.shop
The general conditions of use of the website www.esperanza.shop
The essential characteristics of the goods offered
The different steps to follow to conclude the contract online
Technical means of identifying and correcting errors made during data entry
Languages offered
The terms of archiving and access to the contract
The means of consulting the professional and commercial rules to which the seller intends to submit
Legal and contractual guarantees
Delivery times, costs and terms
Delivery tracking and costs of remote communication techniques
The price
Payment methods and security measures
Details on how to exercise the right of withdrawal,
The duration of the contract and validity of the price.
Last updated July 10, 2020.
www.esperanza.shop is a service of Nathalie Alexandre
Headquarters: Esperanza.shop
SIRET: 50247573400021
Tel: 06 51 12 09 30
Email: contact@esperanza.shop
To view the legal notices for the website www.esperanza.shop, click on “Legal notices”.
It is previously specified that these conditions exclusively govern sales, by www.esperanza.shop, of Nathalie Alexandre.
These conditions apply to all sales made from this site, to the exclusion of all other conditions, in particular those in force for sales in the showroom.
These terms and conditions apply to consumers who have full legal capacity. These terms and conditions apply to all orders you place on this site.
We do our utmost to satisfy you. On this site, we present all the essential characteristics of the goods. The characteristics presented (photos, descriptions, etc.) are taken from information provided by the manufacturers. We will be attentive to the comments you send us using the "contact us" section.
These general conditions are presented in French.
We operate as a distributor and are not subject to any specific professional rules.
1 The different steps to follow to conclude the contract online
1.1 Order
On the Internet: www.esperanza.shop
You make your selection by browsing the pages of our site. Your selections are added to your cart when you click on "add this product to cart". At any time during your navigation on our site, you can confirm your order by clicking on "confirm my order".
You can also order:
By telephone on 06 51 12 09 30 (non-premium rate call) from mainland France.
Monday to Friday from 9:00 a.m. to 5:30 p.m.
Through our 24/7 app available at www.esperanza.shop.
1.2 Validation of the contract
When you click on "Confirm my order", a confirmation message appears. It summarizes all the products and options selected.
You must check all the information provided in this order form, and in particular all the elements useful for delivery (delivery address, digital code, telephone numbers, etc.)
If you do not need to modify the form, you must then read these terms and conditions. If you accept them, you must check the box "I have read the general terms and conditions of sale and I accept them without reservation."
To continue your order, you must click on 'pay for my order'.
After payment on our secure server (see ''payment''), an acknowledgment of receipt is displayed. It confirms the registration of your order and informs you that a confirmation email will be sent to you as soon as possible.
Please note: We reserve the right to refuse an order for the same product above a certain quantity in order to ensure restocking and guarantee a delivery time corresponding to our commitments.
1.3 Technical means of identifying and correcting errors
You have the right to identify and correct errors made when entering your data at any time. If you become aware of an error after entering into the contract, you should contact us using the "Contact Us" section.
The terms of archiving and access to the contract
We will archive contracts, purchase orders and invoices on a reliable and durable medium.
You have the right to access these documents for orders of €120 or more.
Legal and contractual guarantees
Legal guarantees
In accordance with the legal provisions in force relating to the conformity of the goods to the contract, in matters of hidden defects (available in appendix 1 of these conditions), we will reimburse, repair or exchange any product which is apparently defective, damaged or damaged or which does not correspond to your order.
We will also reimburse you for the full return costs upon simple presentation of supporting documents, subject to returning the product(s) to us in the condition received with all the elements.
However, it is recommended to check the apparent condition of the product(s) in the presence of the delivery person.
Contractual guarantees
Products purchased on www.esperanza.shop may be covered by a contractual warranty. If so, various contractual warranties are offered on the product page. To subscribe to these warranties, you must add them to your shopping cart.
In case of a problem or breakdown, you can contact us to find out the steps to follow using the "contact us" section.
You must keep your purchase invoice to benefit from your contractual guarantee.
Responsibility
We do our utmost to satisfy you. We are responsible for the proper execution of these general conditions. However, we cannot be held liable due to a fortuitous event, a case of force majeure, the unforeseeable and insurmountable act of a third party to the contract or due to the non-compliance of the product with foreign legislation in the event of delivery to a country other than France.
Delivery times, costs and terms
4.1 Delivery terms
We will deliver the products to the address indicated in the order form.
4.2 Delivery time
We will deliver to you no later than the date indicated in your order confirmation message.
In the event of a delay in delivery, we will inform you by email as soon as possible and offer you a new date.
If the product ordered is unavailable, we will inform you as soon as possible. We reserve the right to offer you a product of equivalent quality or price.
4.3 Delivery costs
Delivery costs are the responsibility of the customer and depend on the weight and destination of the product(s) ordered.
4.4 Delivery tracking
You can contact us by phone for any questions regarding your delivery using the "contact us" section.
The price
Our product prices are listed in euros, inclusive of all taxes (French VAT and other applicable taxes). They include, in particular, the cost of processing your order.
If you request delivery outside of French territory, your order
may be subject to possible taxes and customs duties when it arrives at its destination.
Payment of these duties and taxes is your responsibility, and we encourage you to check with the relevant authorities in your country. You should also check the import or use options for the products you order from us in the destination country.
6. Payment methods and security measures
Payment methods
You have several payment methods available to pay for your purchases on www.esperanza.shop.
- either by bank cards: Visa, MasterCard, American Express, other credit cards
Payment is made via the secure banking servers of our partners (LCL or PayPal), which means that no banking information about you is transmitted through our website.
Payment by credit card is therefore completely secure; your order will be recorded and validated as soon as the payment is accepted by the bank you have chosen.
Whether through LCL or PayPal, your financial information is never communicated to www.esperanza.shop.
In fact, your personal data is encrypted, and their sites protect your card number. Pay online by simply entering your email address and password.
Security
Payments through our website are subject to a secure system. We have adopted the SSL (Secure Socket Layer) protocol to encrypt credit card details. To protect you from possible intrusion, we do not store credit card numbers on our computer servers. Credit card numbers are processed by PayPal, which returns an authorization number to us.
Satisfied or refunded: terms of exercising the right of withdrawal
In accordance with legal provisions, you can exercise your right of withdrawal within 7 days of receiving your product. You do not need to provide a reason or pay a penalty. With the exception of return shipping costs, which remain your responsibility, we will refund the full amount paid no later than 30 days following your withdrawal. You may also opt for another refund method at our suggestion.
In accordance with legal provisions, the right of withdrawal cannot be exercised for products made to order, according to the consumer's specific specifications or on audio, video or computer software recordings unsealed by the customer.
The duration of the contract and validity of the price.
Prices include the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products on sale on www.esperanza.shop.
The products remain the sole property of esperanza.shop until full payment of the price by esperanza.shop.
Our price offers are only valid within the double limit of the validity period of the offer concerned and available stocks.
Our offers of goods and prices are valid if they appear online on the site on the day of the order.
Applicable legislation/Competent jurisdiction
These conditions are subject to French law.
In the event of a dispute on the merits or form, the French courts will have sole jurisdiction.
Contact us/after-sales service
If you wish to contact us, we are at your disposal:
For information on our offers or to place an order:
06 51 12 09 30 (non-premium rate call) Monday to Friday from 9:00 a.m. to 6:30 p.m.
To track the execution of an order, to exercise your right of withdrawal or to activate the guarantee, you can contact us at 06 51 12 09 30
Intellectual property
Data available in our legal notices.
Personal information
We collect your personal information to manage your orders and monitor our business relationships. It may be shared with our partners exclusively for the execution of your orders, in accordance with these general conditions.
In accordance with the French Data Protection Act of 6 January 1978, you have the right to access, delete, rectify, and object to any personal data concerning you. Simply write to us online at Customer Service or by mail at www.esperanza.shop, providing your first and last name, email address, address, and, if possible, your customer reference number.
We invite you to consult our “privacy policy”.
Appendix 1: Provisions of the Consumer Code concerning the legal guarantee of conformity
Article L211-4
The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.
It is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been made its responsibility by the contract or has been carried out under its responsibility.
Article L211-5
To comply with the contract, the property must:
1° Be suitable for the use usually expected of a similar good and, where applicable:
- correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;
- present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2° Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L211-6
The seller is not bound by public statements made by the producer or his representative if it is established that he did not know them and was not legitimately in a position to know them.
Article L211-7
Any lack of conformity which appears within six months of delivery of the goods shall be presumed to have existed at the time of delivery, unless proven otherwise.
The seller may challenge this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.
Article L211-8
The buyer is entitled to demand that the goods conform to the contract. However, he cannot contest conformity by invoking a defect that he knew about or could not have been unaware of when he entered into the contract. The same applies when the defect originates from the materials that he himself supplied.
Article L211-9
In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods.
However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate compared to the other method, taking into account the value of the goods or the significance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer.
Article L211-10
If repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price refunded.
The same faculty is open to him:
1° If the solution requested, proposed or agreed upon in application of Article L. 211-9 cannot be implemented within one month following the buyer's complaint;
2° Or if this solution cannot be achieved without major inconvenience for the latter given the nature of the property and the use he is seeking.
However, the sale cannot be cancelled if the lack of conformity is minor.
Article L211-11
The application of the provisions of Articles L. 211-9 and L. 211-10 takes place at no cost to the buyer.
These same provisions do not prevent the allocation of damages.
Article L211-12
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L211-13
The provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature which is recognized by law.
Article L211-14
The recourse action may be exercised by the final seller against successive sellers or intermediaries and the producer of the tangible personal property, according to the principles of the civil code.
Appendix 2: Provisions of the Civil Code concerning the guarantee against hidden defects
Article 1641
The seller is bound by the guarantee for 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 paid a lower price for it, if he had known of them.
Article 1642
The seller is not liable for apparent defects of which the buyer has been able to convince himself.
Article 1642-1
The seller of a building to be constructed cannot be discharged, either before acceptance of the works or before the expiry of a period of one month after the purchaser takes possession, from construction defects or lack of conformity then apparent.
There will be no reason to terminate the contract or reduce the price if the seller undertakes to repair.
Article 1643
He is liable for hidden defects, even if he was not aware of them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee.
Article 1644
In the case of Articles 1641 and 1643, the buyer has the choice of returning the item and having the price refunded, or of keeping the item and having part of the price refunded, as will be arbitrated by experts.
Article 1645
If the seller knew of the defects in the item, he is liable, in addition to the restitution of the price he received, for all damages and interest to the buyer.
Article 1646
If the seller was unaware of the defects in the item, he will only be required to return the price and reimburse the purchaser for the costs incurred by the sale.
Article 1646-1
The seller of a building to be constructed is bound, from the acceptance of the works, by the obligations which architects, contractors and other persons linked to the project owner by a work rental contract are themselves bound by in application of articles 1792, 1792-1, 1792-2 and 1792-3 of this code.
These guarantees benefit the successive owners of the building.
There will be no reason to cancel the sale or reduce the price if the seller undertakes to repair the damages defined in Articles 1792, 1792-1 and 1792-2 of this Code and to assume the guarantee provided for in Article 1792-3.
Article 1647
If the thing which had defects has perished as a result of its poor quality, the loss is for the seller, who will be liable to the buyer for the restitution of the price and the other compensation explained in the two preceding articles.
But the loss incurred by fortuitous event will be for the account of the buyer.
Article 1648
The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.
In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, within one year following the date on which the seller can be discharged from apparent defects or lack of conformity.
Article 1649
It does not take place in sales made by judicial authority.
