General conditions for the provision of services -

Identification of the Provider

These General Terms and Conditions of Service (“the General Terms and Conditions”) apply to the services defined below and provided by SGS SAFEGUARD GRADING SERVICES (hereinafter referred to as “Safeguard”, the “Service Provider”), a simplified joint stock company with a share capital of €5,000.00, whose registered office is located at 290 avenue de Paris, Espace Newton – 79000 Niort – France, and which is registered in the Niort Trade and Companies Register under the number 901 919 951 Its Siret number is 90191995100011 and its intra-community VAT number is FR58901919951. Its telephone numbers are as follows: +33 (0)6 18 30 58 09.

Preliminary article

Safeguard est une société indépendante spécialisée dans l’expertise des cartes de collection et offrant un service de protection, d’authentification et de certification pour différents types de cartes. The services provided by the Service Provider shall be performed in accordance with the following provisions (hereinafter referred to as the “General Conditions”).

The General Terms and Conditions and the Privacy Policy are intended to define the terms and conditions between the Site and the customer (hereinafter the “Customer”), from the placing of the order to the provision of the services ordered. The Parties agree that these Terms and Conditions together with the Terms and Conditions of Use and the Privacy Policy of the Site govern their relationship, to the exclusion of all other terms and conditions, including those applicable to other types of users of the Site.

These Terms and Conditions, Terms of Use and Privacy Policy can be accessed at any time on the Site. Once you have read the General Terms and Conditions and if you have any questions, do not hesitate to contact customer service at the following address: [email protected].

Article 1 - Scope of the General Conditions

These General Conditions are applicable to all orders for services concluded remotely via the Safeguard website identified by the domain name “sgscards.com” (hereafter the “Site”).

The Site allows the Customer to order certification and protection services for trading cards of the following official licences: Pokémon, Magic the Gathering, Yu-Gi-Oh!, Harry Potter, Dragon Ball, Digimon, One Piece and Flesh and Blood. The certification of the cards in this case means that the Service Provider performs two services:

a service of verification of the authenticity of the Client’s collection cards and, when the option is chosen, of rigorous and objective evaluation of the condition of the said cards, concluding, if the conditions are fulfilled (cf. Article 3), by the attribution of a mark and/or a grade according to their condition and their quality of production with regard to the grading scale and precise grading criteria defined by the Provider (cf. Grading Scale );

an encapsulation service for the said cards once they have been certified, during which they are individually packaged in archiving pockets which are themselves inserted in a protective case, specially designed for this purpose, which will be sealed on completion of the service.

These services are hereinafter referred to together as the “Service”.

Article 2 - Acceptance of the General Conditions

By using the services provided by the Service Provider, the customer (hereinafter the “Customer”) acknowledges that he/she has read the Terms and Conditions and accepts them in full. Validation of the order for services by the Customer implies acceptance without restriction or reservation of these General Conditions and the General Conditions of Use of the Site.

The Terms and Conditions may be amended or updated at any time (the “Revisions”). The Revisions will be effective upon publication on sgscards.com. The version of the General Conditions applicable to the provision of services by the Client is the one in force on the Site on the date the order is placed.

The Customer’s acceptance is materialised by his electronic signature, concretised by the “Clicking on the Offer”, as well as by the communication of his bank details at the end of the payment of his order. This electronic signature has the value of a handwritten signature between the parties. This double step is equivalent to the Client entering into the contract and acknowledging that he/she has fully understood and agrees with all the General Conditions.

Article 3 - Duties and obligations of the Client

The Service Provider’s Service is intended for Internet users who are of legal age or who are emancipated minors. Any unemancipated minor or incapable adult must be assisted by a legally capable person. The Customer represents and warrants :

that all registration details are correct;
that all mandatory fields contain true, accurate, complete and up-to-date information;
that none of the collector cards he undertakes to have certified constitute a counterfeit object (replica or imitation of an official card);
that none of the collector cards he undertakes to have certified have been insidiously altered in order to hide certain defects and thus mislead the Service Provider in his objective assessment of the condition of the card or the determination of its authenticity (e.g. recolouring, restoration, change of the back of the card or any other form of alteration of the structure of a card);
that none of the collector’s cards he undertakes to have certified have been altered by an illustrator;
that no collector’s card which it undertakes to have certified is in such a condition that it is unlikely to be identified or its authenticity confirmed with certainty;
that none of the collector’s cards he/she is undertaking to have certified show any damage which seriously calls into question their structural integrity (e.g. large missing portions, marked signs of consumption, considerable soiling, mould, addition of adhesive film, extreme state of torsion, etc.);
that no collector’s card he undertakes to have certified is larger than the classic 63×88 mm format;
that he is the owner of the collection cards that he entrusts to the Service Provider;
he indicates for each collector card he undertakes to have certified at the time of ordering a correct declared value corresponding to an informed and reasonable estimate of its market value;
that the cards will be sent to the Provider stored and protected in accordance with the recommendations on the website (cf. (see the ‘Shipping and Insurance’ section of the Frequently Asked Questions page);
that it accepts the Provider’s grading scale (see Grading Scale);
that he/she will not be able to contest the marks attributed to these cards if they do not suit him/her;
that he accepts and understands that a certification ordered without insurance cannot give rise to any claim and that he waives the right to take any action against the Service Provider in the event of damage or involuntary loss.

Article 4 - Prices - Stocks

The Service is provided within the limits of available stocks and subject to the proper functioning of the tools required for the marking and encapsulation of the cards in the Provider’s protective cases.

The prices of the services provided by the Provider are indicated on the Provider’s website. They are expressed in euros including all taxes. These prices may change at any time: the changes will only apply to future orders. Current orders are therefore not affected by these changes.

Article 5 - Price reductions

Price reductions granted by the Provider may be reviewed at any time.

Article 6 - Ordering

When ordering, the Customer must follow the following process:

select the number of cards to be certified on the Site;
validate the contents of the basket and the choice of delivery method;
identify themselves on the Site;
pay online by Paypal® or by bank card or credit card from the Visa® or MasterCard® network;
validate the payment.

The Customer will receive an order confirmation e-mail.

The Service Provider reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over the payment of a previous order or whose file has a litigious history.

The Provider reserves the right not to process all or part of an order for which incorrectly declared values of the collection cards subject to certification have been indicated at the time of the order. In this case, in order to enable the order to be processed in full, the Customer will be contacted by e-mail or telephone by the Service Provider about the cards for which incorrect declared values have been found and will be asked to change them to a reasonable estimate of their market value and to pay, if necessary, the additional amount related to the change in the range of the declared value of the said cards.

Any order implies acceptance of the prices and descriptions of the items available for sale.

Article 7 - Terms of payment

7.1. Modalities

Payment for the Service takes place once the order summary has been validated. Payment is made exclusively by Paypal®, CB, Visa® or Mastercard® by providing the information requested on the relevant page of the Provider’s website. The order will only be dispatched once the Customer’s bank details have been verified and authorisation to debit the bank card has been received. Without such authorisation, the provision of services cannot take place.

7.2. Secure payment

Payment is made via a secure platform operated by the company Stripe. The data recorded by the Stripe payment system constitutes proof of the financial transactions made by credit card. No data is stored by the Service Provider.

The Customer may also pay for his purchases on the Site by Paypal®. The data recorded by Paypal® constitutes proof of the financial transactions made by this method of payment. Paypal® does not share confidential payment information with the Service Provider.

7.3. Acknowledgement of receipt of order

Once payment has been made, the Customer will receive an order summary e-mail which formalises the contract binding the parties.

Article 8 - Order processing time

The Service ordered by the Customer will be provided, at any time and according to the offer chosen at the time of the order, and excluding special offers (e.g. “Pre-order”), within a maximum of forty five (45) days, thirty (30) days, fourteen (14) days, three (3) days, as from the receipt of the order by the Service Provider, under the conditions provided for in these General Conditions.

The Service Provider undertakes to use its best efforts to provide the Service ordered by the Client, within the framework of an obligation of means and within the period specified above.

If the Service ordered has not been provided within the processing time chosen at the time of the order as from the receipt of the order by the Service Provider, for any reason other than force majeure as provided for in Article 15 of these General Terms and Conditions or the fact of the Client, the contract may be terminated at the written request of the Client under the conditions provided for in Articles L216-6, L216-7 and L241-4 of the Consumer Code.

The sums paid by the Customer will then be returned to him within a period of fifteen (15) days from the date of termination of the contract, to the exclusion of any compensation or deduction.

The Customer’s written request to terminate the contract must be made by e-mail to the following address: [email protected].

The costs of returns will be borne by the Customer.

According to the information published on SGS SAFEGUARD GRADING SERVICES’ social network accounts (sgscards and SGSCards), the end of the “Pre-order” offer, which began on 23 April 2022, will be specified in the summer of 2022. The Service for the Customer’s pre-order(s) made during the validity of this offer may be provided until 22 September 2022.

Article 9 - Right of withdrawal

In accordance with the legal provisions in force, the Customer has a period of fourteen (14) days from the date of ordering the Service to exercise his right of withdrawal from the Service Provider, without having to give any reason or pay any penalty. Only the possible commission paid by the Provider to Paypal at the time of payment can be deducted from the amount of the refund.

In order to exercise the right of withdrawal, the Customer must notify the Service Provider of his decision to withdraw in an unequivocal manner.

The Customer may exercise his right of withdrawal by sending an e-mail indicating his wish to exercise his right of withdrawal before the expiry of the fourteen (14) day period to the following address : [email protected].

In the event of exercising the right of withdrawal, the costs of returns shall be borne by the Customer.

Please note that the right of withdrawal cannot apply if the Service has been fully executed before the Customer has exercised his right of withdrawal.

Thus, the Customer may expressly indicate at the time of ordering, or by e-mail to the following address: [email protected], that he/she wishes the Service to begin after the end of the applicable withdrawal period.

Article 10 – Transport

The cards are subject to two transports:

When sent by the Client to the Service Provider ;
When the Service Provider sends them to the Client.

The shipping costs are charged to the Customer.

10.1. Sending by the Customer

The Customer shall bear the cost of sending the cards to the Provider and shall bear the risk of loss when sending them.

If the Customer’s package is not received within thirty (30) days of payment, the transaction may be cancelled by the Provider. In this case, the sums paid by the Customer at the time of the order will be refunded within seventy-two (72) working hours from the said deadline.

If the package is confirmed to have been lost or destroyed by the carrier chosen by the Customer to send it to the Service Provider, the sums paid by the Customer at the time of the order will be refunded to the Customer within seventy-two (72) working hours of receipt of the proof of loss or destruction of the package.

If the cards are received after this period and the service has been cancelled, the Provider will return the cards within seven (7) working days of receipt of the postage due from the Customer for the return.

In order to avoid any dispute, the Customer is asked to send his parcel by a method of shipment that allows it to be tracked.

The Client must send his cards in a sufficiently well-protected condition so that they arrive in the same condition as when they left. It is advisable to insert each of them into individual penny sleeves, which in turn are placed in individual rigid protectors (Card Saver or Toploader).

The protections provided by the Client will be returned to the Client together with the certified cards to the extent possible, without any obligation on the part of the Provider.

10.2. Dispatch and delivery of the Customer's cards by the Service Provider

Once the cards are encapsulated in the Provider’s protective case, the cards are returned to the Client and a tracking number is provided.

The Customer is invited to regularly check the status of his order on the Provider’s website.

If the Customer is not present at the time of delivery, or if the Customer has made a change of address which has not been acknowledged by the Provider and wishes the Provider to make a second delivery attempt, the Customer shall pay the return postage for the first delivery and the postage for the second delivery attempt.

Delivery times vary depending on the offer selected.

If the cards sent by the Client do not comply with the order form, this period is suspended until a new agreement has been reached.

The delivery costs will be displayed on the Provider’s website. They vary according to the number of cards to be certified.

The delivery will be made at least in the European Union, to the address indicated under the responsibility of the Customer. Orders to be delivered to other countries may, if necessary, be fulfilled after validation by the Service Provider on a case by case basis. Delivery will not be made in the event of force majeure and/or transport strikes.

For security reasons, the Service Provider will not process any order for which a postage due or a P.O. box is provided. Deliveries to forwarding companies are also excluded.
The Customer’s collection cards are sent to the delivery address indicated by the Customer during the ordering process. The Provider reserves the right to request a signature and valid identification upon delivery (e.g. passport or driving licence).

In case of loss of the delivery package by the carrier, the Service Provider will proceed within seventy-two (72) hours from the confirmation of the loss of the package by the carrier to the reimbursement of the sums paid at the time of the payment and will compensate the Customer up to the amounts of declared value indicated at the time of his order if the latter has selected an insurance option at the time of his order.

The Customer must check the contents of the packages upon delivery. If the Customer has any reservations, he/she is obliged, before taking delivery of the orders received, to write precise reservations on the delivery note, mentioning the marks, numbers, number and weight of the disputed packages.

The Client shall inform the Service Provider of its reservations by sending the following documents by e-mail to the following address: [email protected], at the latest within twelve (12) hours of delivery:

an affidavit acknowledging the delivery of a damaged or spoilt order and confirming the reservations made at the time of delivery;
a copy of a proof of identity ;
a copy of a proof of address less than three (3) months old.

If the customer has taken out delivery insurance, in the event of proven loss of the package on delivery or proven damage to the cards, the Service Provider will compensate the customer to the extent of the insurance taken out.

Case of hand delivery

Once the order has been processed, the customer will be offered an appointment for hand delivery to the email address or telephone number given at the time of ordering.
The customer must attend the handover appointment with the handover sheet.

In case of no-show, the customer will have to claim his parcel by e-mail at [email protected] and will bear the cost of returning his order if necessary.

Article 11 - Non-compliance

If the cards to be certified sent by the Client are different from those mentioned in the order form, the Service Provider reserves the right to terminate the service. The sums paid at the time of the order will then be returned to the Customer, minus the shipping costs incurred for the return of the Customer’s cards.

The Service Provider may also modify the Client’s order to make it conform to the cards received. A price supplement or a price reduction may then be requested. The processing time of the order may then be extended.

Cards whose dimensions do not allow them to be encapsulated in the Service Provider’s protective case cannot therefore be packaged; they will then be returned to the Client.

Article 12 - Grading Scale

The Client using the Service Provider’s Service accepts the Grading Scale developed by the Service Provider. In the event of disagreement with the grading of the collection cards, the Customer may not hold the Service Provider liable or claim a lack of conformity (see Grading Scale).

The Provider may refuse to rate and certify an excessively deteriorated card. Non-genuine cards will not be marked or certified and will be returned to the Client as is.

Article 13 - Declared value, handling and photographs of Client cards

When completing the order form, the customer must indicate the declared value of each card they wish to have certified.
The declared value of a card is defined as follows:

” The declared value is the estimated monetary value of the good on the market at the time of the order. It is expressed in euros and its determination can be based on the following elements:

Recent sales on online sales platforms
Average price of current ads on these platforms
Recent prices at official auctions
Expertise of well-known shops or collectors in the card game sector
Rarity (circulation, population referenced or available on the market, etc.)

This value fluctuates but can be determined approximately by any Internet user at any given time. ”

It is important that the client uses the resources at their disposal to correctly estimate the value of the cards they wish to have certified. This declared value will affect the following:

– Certification fee
– Insurance at the Provider’s warehouses
– Insurance during transport

The Service Provider therefore requires the client to make a realistic, honest and educated estimate based on several sources.

In the event of a declared value being significantly underestimated by the Client, the Service Provider reserves the right to request an additional payment to make up any shortfall after reassessment of the costs associated with the new honestly estimated value at the discretion of the Service Provider. This reassessment of costs will be made according to the standard rates applied by the Service Provider.
In the event of a declared value that is clearly overestimated by the Customer, the Provider reserves the right not to certify the card and to return the card together with the order, refunding only the card certification fee. This will be notified and insurance, if taken out by the client, will be readjusted to the estimated honest value at the discretion of SGS SAFEGUARD GRADING SERVICES. The customer will also be notified.

During the execution of the Service, the cards provided by the Client are handled with care by the Service Provider. If, however, a card is damaged or lost on the Service Provider’s premises for any reason other than force majeure as provided for in Article 15 of these General Terms and Conditions, the Service Provider undertakes to compensate the Customer up to the declared value of the said card at the time the order was placed, if the card was recognised as valid on receipt. The Service Provider will reimburse the Customer for the value declared at the time of the order if it does not return the card to the Customer. The Service Provider will reimburse the Customer for the value declared at the time of the order if it does not return the card to the Customer.

In the event that the client has not taken out insurance and the card is damaged or lost, the Service Provider may offer the client an intermediate solution to remedy the situation but shall not be obliged to do so under any circumstances. The Customer understands that by sending a card without insurance, the Customer will not be able to hold the Provider responsible for any damage or loss and therefore waives any action or claim of any nature whatsoever against the Provider if the claim relates to an uninsured item.

In the event of disagreement, in order to establish and prove any damage, the Customer must provide the Service Provider with photos with the date of the disputed card as well as one or more videos of sufficient quality to attest to the precise condition of the card when it is inserted in the package or envelope prior to being sent to the Service Provider.

The Provider’s shipping address must be visible on the package in the video.
If the customer is unable to prove the condition of the card prior to dispatch in this way, the Service Provider may offer an interim solution to remedy the situation but shall not be obliged to do so in any case.

In the normal course of its scoring and certification operations, the Service Provider may take or cause to be taken one or more digital photographs or other types of photographs, images or reproductions of each card to be certified. In consideration of the Service provided by the Provider, the Client, on its own behalf and on behalf of any third party for which it may act, hereby authorises the Provider to take or cause to be taken one or more photographs of each certified card. The User further acknowledges that the Service Provider is the owner of such photographs and that the Service Provider may use and exploit such photographs for commercial and other purposes at the discretion of the Service Provider, including, but not limited to, the publication and republication or reproduction, in any medium, of such photographs.

Article 14 - Guarantees - Liability of the Service Provider

The sealed protective cases delivered by the Service Provider are subject to the legal guarantees provided for in Articles L217-4 to L217-14 of the Consumer Code and Articles 1641 to 1648 of the Civil Code, to the exclusion of all other guarantees:

14.1. Legal guarantee of conformity

The Service Provider shall deliver to the Customer a sealed protective case that complies with the contract and is free from defects in conformity upon delivery of the protective case, in the sense that the protective case will have the characteristics described on the Website and that the label included in the protective case will contain valid information. This guarantee will only apply if the Customer requests it within twenty-four (24) months of the delivery of his Safeguard protective cases. Defects of conformity which appear within twenty-four (24) months of delivery shall be presumed to have existed at the time of delivery, unless proven otherwise.

The Customer may choose to replace the non-compliant protective case by sending a request to change the case to the following address : [email protected]. The replacement will take place at no cost to the Customer and will not preclude the possible awarding of damages in the event that the Customer is entitled to them. The non-compliant protective case must be returned to the Service Provider as is to ensure that the grading given to the card encapsulated in the non-compliant protective case is maintained.

14.2. Legal guarantee against hidden defects

The Service Provider shall provide the Customer with a sealed protective case that is free from hidden defects that render it unsuitable for its intended use or so impair its use that the Customer would not have placed an order for services with the Service Provider. This guarantee shall only apply if the Customer requests it within twenty-four (24) months of the discovery of the defect. In the event of a hidden defect, the Customer shall have the choice of returning the sealed protective case and receiving a refund of the price and costs incurred in providing the services or keeping the protective case and receiving a refund of part of the order price. In all cases, it shall be up to the Customer to prove that he meets the conditions of the guarantee.

In case of lack of conformity and hidden defects, the Customer shall return the non-conforming protective cases to the Service Provider by contacting the customer service at the following address : [email protected].

14.3. Liability of the Service Provider in the performance of the Service

In accordance with the provisions of Article 1217 of the Civil Code, in the event of non-performance or imperfect performance of the Service by the Provider, the Client may :

refuse to perform or suspend the performance of its own obligation;
pursue the compulsory execution of the obligation in kind ;
obtain a price reduction ;
cause the contract to be rescinded;
seek redress for the consequences of non-performance.

In no event shall the Service Provider be liable for any damages that do not result from a breach by the Service Provider of any of its obligations.

Article 15 - Force majeure

The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.

Article 16 - Damage to the Client's cards and the Service Provider's protective cases

The Service Provider shall not be liable for any damage to the “Safeguard” protective cases after their delivery.

The Service Provider shall not be liable for damage to the encapsulated cards in the event that the “Safeguard” protective cases are forced open or damaged after their delivery.

Article 17- Unaffiliated

The Provider is independent and does not claim any affiliation with the following entities:

Pokémon : Wizards of the Coast – Nintendo – Creatures Inc. – Game Freak Inc. – The Pokémon Company International
Magic: The Gathering : Wizards of the Coast
Harry Potter : Wizards of the Coast – Warner Bros.
Dragon Ball – Dragon Ball Z – Carddass – Bandai – Amada
Dragon Ball Super : Bandai – Bird Studio/SHUEISHA – Toei Animation
Flesh and Blood : Legend Story Studios

The trademarks mentioned in the list are the sole property of their respective owners and their use complies with the Intellectual Property Code.

Article 18 - Applicable law - Disputes

These General Conditions are governed and interpreted in accordance with French law. In the event of a dispute relating to the application and/or interpretation of these Terms and Conditions, the Customer may contact the Service Provider at the following address: [email protected].

The French courts have territorial jurisdiction to hear any dispute relating to the services provided by the Service Provider.

All disputes to which these General Terms and Conditions may give rise, concerning their validity, interpretation, performance, termination, consequences and consequences and which could not be resolved between the Service Provider and the Client amicably, shall be submitted to the competent courts under the conditions of common law.

The Customer may also have recourse to a conventional mediation procedure or any other alternative dispute resolution procedure. In accordance with order no. 2015-1033 of 20 August 2015 and application decree no. 2015-1382 of 30 October 2015, any so-called consumer dispute or litigation, subject to article L612-2 of the French Consumer Code, may be the subject of an amicable settlement by mediation with the CMAP – Centre de Médiation et d’Arbitrage de Paris. To submit a dispute to the mediator, the Customer may (i) fill in the form on the CMAP website: www.cmap.fr “you are: a consumer” tab (ii) send the request by simple or registered mail to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or (iii) send an email to [email protected]. Whatever the means used to refer the matter to the CMAP, your request must contain the following elements in order to be processed promptly: your postal, email and telephone contact details as well as the full name and address of the Service Provider, a brief statement of the facts, and proof of prior contact with the Service Provider.

In the event of a dispute relating to the execution of an order, if the Customer is a final consumer who is a natural person, he has the possibility of resorting free of charge to a conventional mediation procedure or to any other alternative dispute resolution procedure. They may also, if they so wish, use the online dispute resolution service offered by the European Commission in accordance with Article 14 of Regulation (EU) No 524/2013. This platform can be accessed at the following address: https://webgate.ec.europa.eu/odr/. The use of mediation is an alternative mechanism that is not a prerequisite for taking legal action.

If the Customer finds that a violation of the General Regulation on the protection of personal data has been committed, he/she has the possibility of mandating an association or a body mentioned in IV of Article 43 ter of the French Data Protection Act of 1978, in order to obtain compensation from the data controller or subcontractor before a civil or administrative court or before the French Data Protection Authority.

Article 19 - Customer service

For any question or information concerning the use of the Site or the provisions of the General Terms and Conditions, or the protections contained on the Site, the Client may contact the Provider by :

Telephone: +33 (0)6 18 30 58 09
the Contact Us section of the Site;
e-mail to the following address : [email protected] ;
by post, by writing to the following address SGS SAFEGUARD GRADING SERVICES – 290, avenue de Paris, Espace Newton – 79000 Niort – FRANCE.

Article 20 - Competitions

Annex 1 - Provisions relating to legal guarantees

Article L217-4 of the Consumer Code

The seller is obliged to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation if the latter was made his responsibility by the contract or was carried out under his responsibility.

Article L217-5 of the Consumer Code

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

Be fit for the purpose ordinarily expected of similar goods and, where appropriate :
- correspond to the description given by the seller and have the qualities that the seller has presented to the buyer in the form of a sample or model;
- have the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.

Article L217-6 of the Consumer Code

The seller shall not be bound by the public statements of the producer or his representative if it is established that he did not know them and could not legitimately have known them.

Article L217-7 of the Consumer Code

Defects in conformity which appear within twenty-four months of delivery of the goods shall be presumed to have existed at the time of delivery, unless proven otherwise.

For goods sold second-hand, this period is set at six months.

The seller may rebut this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.

Article L217-8 of the Consumer Code

The buyer is entitled to demand that the goods conform to the contract. However, he may not challenge the conformity by invoking a defect which he knew or could not have ignored when he contracted. The same applies if the defect originates in materials which he himself has supplied.

Article L217-9 of the Consumer Code

In the event of a lack of conformity, the buyer can choose between repairing or replacing the goods.

However, the seller may not proceed according to the buyer’s choice if this choice would entail a cost which is clearly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. He is then obliged to proceed, unless this is impossible, according to the method not chosen by the buyer.

Article L217-10 of the Consumer Code

If repair and replacement of the goods is not possible, the buyer may return the goods and have the price returned or keep the goods and have part of the price returned.

The same option is available to him:

if the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month of the buyer’s complaint;
or if it cannot be done without major inconvenience to the consumer, taking into account the nature of the goods and their intended use.

However, the sale cannot be cancelled if the lack of conformity is minor.

Article L217-11 of the Consumer Code

The application of the provisions of Articles L. 217-9 and L. 217-10 shall take place at no cost to the buyer.

These same provisions do not prevent the award of damages.

Article L217-12 of the Consumer Code

An action arising from a lack of conformity shall be barred after two years from the date of delivery of the goods.

Article L217-13 of the Consumer Code

The provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects such as it results from articles 1641 to 1649 of the civil code or any other action of contractual or extra-contractual nature which is recognised to him by the law.

Article L217-14 of the Consumer Code

Article L217-16 of the Consumer Code

Where the buyer asks the seller, during the period of the commercial guarantee granted to him at the time of the acquisition or repair of movable property, for a repair covered by the guarantee, any period of immobilisation of at least seven days shall be added to the duration of the guarantee that remained to run. This period shall run from the time of the buyer’s request for action or from the time the goods in question are made available for repair, if they are made available after the request for action.

Article 1641 of the Civil Code

The seller is liable for hidden defects in the item sold which render it unfit for the purpose for which it was intended, or which reduce that purpose to such an extent that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them.

Article 1648 paragraph 1 of the Civil Code

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

General conditions for the provision of services