GTCS
L'AVENTURE MICHELIN GENERAL TERMS AND CONDITIONS OF ONLINE SALE GENERAL TERMS AND CONDITIONS OF ONLINE SALE
This Website is published by IET Aventure, a French private limited company (société à responsabilité limitée), with share capital of €1,000, having its registered office at 5 Rue Patrick Dépailler 63000 CLERMONT-FERRAND, registered in the Clermont-Ferrand Trade and Companies Register, under number 508 915 683.
- Definitions
In these General Terms and Conditions of Sale (hereinafter “GTCS”), the terms below shall have the following meanings:
- “Website”: websites published by Michelin and having the following URL addresses: https://billetterie.laventure.michelin.com/fr-FR/produits or https://boutique.laventure.michelin.com
- “Seller”: refers to IET Aventure, manager of the Museum, whose legal notices can be found in the “Legal Notices” section of the Website.
- “Museum”: means the “L’Aventure Michelin” museum located in Clermont-Ferrand..
- “Customer”: any natural or legal person, in the capacity of consumer or non-professional buyer, who orders Products on the Website.
- “Order”: any order for Products placed by a Customer on the Website.
- “Shop”: specific portals of the Websites where one or more Products can be purchased.
- “Product”: means one or more tickets to the Museum or any other product offered for sale by the Seller on the Websites.
- General provisions
2.1 These General Terms and Conditions of Sale apply to any Online Order for one or more Products purchased by the Customer on the Website Shop. Of these Products, tickets can only be used for the day(s) selected by the Customer when placing their Order.
2.2 These Terms and Conditions of Sale can be viewed on the Website.
2.3 The Customer represents that they have the legal capacity to place the Order, i.e. that they are over 18 and/or are not under guardianship. Failing this, the Seller reserves the right to cancel the Order.
2.4 Placing an Order entails the Customer’s express and unreserved acceptance of all the terms and conditions set out in these GTCS. The Customer therefore represents and acknowledges that they are fully aware of this.
2.5 The Seller reserves the right to unilaterally modify these GTCS at any time. The GTCS applicable to an Order are those published on the Website on the day the Order is placed.
2.6 The fact that the Seller does not invoke any of these terms and conditions during a given period of time shall not be interpreted as a waiver of the right to subsequently invoke said term or condition, or more generally other conditions. .
- Products for sale
3.1 The Seller shall provide the Customer with information relating to the essential characteristics and delivery times for each Product offered on the Website in the corresponding Product sheet, which the Customer may view.
3.2 Photographs, illustrations, images and reproductions of the Products as reproduced on the Website are as accurate as possible, but are not guaranteed to be perfectly identical to the Products sold, and therefore have no contractual value.
3.3 Product offers are subject to availability, as specified when the Order is placed. However, given the time required between registering an Order and payment, the Customer hereby acknowledges and accepts that if a Product sells out during this time, a Product may become unavailable.
3.4 The Seller reserves the right to modify the programme and composition of the Museum, without giving rise to any penalty or compensation payable to the Customer.
- Terms for placing Orders
4.1 Product Orders are subject to these GTCS.
4.2 The Customer must select the Products they wish to order on the Website as follows:
- Search and selection of the desired Product(s) by the Customer in the Shop;
- Selection of a date and time to visit the Museum, if applicable;
- Selection of Product(s) to add to the basket by clicking on a “Basket” icon;
- Access to the shopping basket, with the option to modify or delete one (or more) Products in the basket at any time, and then validate the basket;
- Creation by the Customer of a secure and personal account on the Website, enabling them to connect using a username and password, then Customer provides their details;
- Access to the Order summary page containing information on the Products ordered, the prices and any fees, so that the Customer can check and modify the Order as they wish;
- Customer reads and expressly accepts the GTCS by ticking the corresponding box, and expressly acknowledges their obligation to pay and the lack of a right of withdrawal, where applicable;
- Customer confirms the Order by clicking on the “CONFIRM ORDER” button;
- Customer provides their bank information, then confirms this information;
- Access to the payment confirmation page;
- Confirmation email sent to the Customer at the address provided in their contact details, the sale then being final.
At any time prior to final Order confirmation, the Customer shall be able to modify the content of the Order.
In order to fulfill the Order, the Customer undertakes to provide, in the dedicated form(s) provided, all required information, which they certify to be true, in particular information relating to their identity and contact details. In case of an error or omission in such information, the Seller shall not be held liable for an inability to process the Order.
The Seller notes that the Order will only be processed once payment for the Order has been received.
4.3 All information contained in the confirmation emails shall be deemed to have been accepted by the Customer if they have not objected by post or email (contact@laventure.michelin.com) within fourteen (14) days of receipt of the Order confirmation. Orders for admission tickets can only be challenged if they differ from the bookings made. The Customer can retain proof of their Order by saving and/or printing the confirmation page or email sent by the Seller.
4.4 Tickets are sent to the email address provided by the Client. The Customer must print out the tickets or Order confirmation using their own equipment and materials and present them at the Museum entrance on the day of their visit. The Customer must ensure that the printed tickets are of good quality and, as such, comply with the validity conditions set out below. To be considered valid, they must be printed in portrait layout, without modifying the print size, on a blank white A4 sheet of paper (front and back). There is one ticket for each person booked.
4.5 If the Customer has not printed their tickets, they may be requested from the relevant Museum department upon arrival and upon presentation of written confirmation (or email) and proof of identity (national identity card of the person having purchased the tickets, bank card, username and booking date).
4.6 Tickets purchased and dated shall only be valid for the date selected by the Customer when placing the Order on the Website. Ticket checks will be carried out at the Museum entrance, in particular for proof of eligibility for discounts or special rates.
4.7 Products ordered (with the exception of tickets) are delivered with a delivery slip. Product Orders (except for tickets) are processed within three (3) business days. In addition to this processing time, there is the “La Poste” postal delivery time.
4.8 Customers may collect their order directly from the L’Aventure Michelin Shop or use a remote delivery service.
The delivery methods offered are as follows:
- Aventure Michelin in-store pick-up: order available within 1 business day
- Delivery without signature in France and Monaco: Colissimo – delivery within 48 hours (business days)
- Delivery in France: Mondial Relay – delivery to a pick-up point within 3 to 6 business days, depending on the destination
- Delivery without signature to Overseas France: Colissimo – delivery within 5 to 10 business days
- Delivery without signature in Europe:Colissimo – delivery within 3 to 7 business days
- Delivery with signature Worldwide: Colissimo – delivery within 3 to 7 business days
These times are provided for information only and can be viewed on the Website: www.coliposte.net and/or www.mondialrelay.fr.
For orders outside the European Union, when the parcel arrives at its destination, the Customer must declare and/or pay any customs duties and/or local taxes that apply in the country of destination. Local authorities can provide relevant information to the Customer.
4.9 The Seller undertakes to employ its best efforts to deliver the Products ordered by the Customer within the timeframes specified above. However, these times are provided for information purposes, in business days.
4.10 The Seller shall bear the transport risk and must reimburse the Customer for any damage caused during transport.
4.11 The Customer must check the condition of the Products delivered. The Customer has fourteen (14) days from the date of delivery to express (by post or email) any reservations or claims for non-conformity, or apparent defects of the Products delivered (damaged parcel, parcel already opened, etc.), and must provide all the relevant supporting documents (e.g. photos). After this period and if this procedure is not followed, the Products shall be deemed compliant and free of any apparent defects, and no claim will be validly accepted by the Seller.
As soon as possible and at its own expense, the Seller shall reimburse or replace the Products delivered for which the Customer has proven a lack of conformity or apparent or hidden defects, pursuant to Articles L.217-4 et seq. of the French Consumer Code and these General Terms and Conditions of Sale (see Liability – Warranty).
- Transfer of ownership
5.1 The transfer of ownership of the Seller’s Products to the Customer shall only take place after full payment by the Customer, regardless of the date the Products are delivered.
5.2 Regardless of the date of transfer of ownership of the Products, the risks of loss and damage to the Products will only be transferred when the Customer takes physical possession of the Products. The Products are therefore transported at the Seller’s risk.
- Right of withdrawal
6.1 Under the provisions of Article L.221-28 of the French Consumer Code, the Customer is granted no right of withdrawal for dated admission tickets.
6.2 The Customer shall have fourteen (14) days from receipt of the Products (with the exception of tickets) to exercise their right of withdrawal with the Seller, without having to provide any reason or pay any penalties, for the purpose of exchange or reimbursement, provided that the Products (with the exception of tickets) are returned in their original packaging and in perfect condition within fourteen (14) days of the Seller being notified of the Customer’s withdrawal.
6.3 Products must be returned in their original and complete condition (packaging, accessories, instructions, etc.) so that they can be put back on the market as new, together with the purchase invoice, directly in a shop or at the following address: Boutique de l’Aventure Michelin – 32 rue du clos four – 63100 Clermont-Ferrand. Damaged, dirtied or incomplete Products will not be accepted.
6.4 In order to exercise the right of withdrawal, the Customer must send the Seller a clear statement in writing, within fourteen (14) days from the date of receipt of the Product concerned. To this end, the Customer may, if they so wish, use the withdrawal form attached hereto (Appendix 2) and return it duly completed by email to contact@laventure.michelin.com.
6.5 If the right of withdrawal is exercised within the above period, only the price of the Product(s) purchased and delivery costs will be reimbursed; any return costs shall be borne by the Customer.
6.6 Refunds shall be made within fourteen (14) days of receipt of the Products.
- Cancellation, modification or refusal of an Order
7.1 Any request to modify the Order by the Customer, excluding the exercise of their right of withdrawal, for the provision of tickets ordered, must be sent to the Seller before the date of visit by email, at the following address: contact@laventure.michelin.com, or by post: L’Aventure Michelin – Service BILLETTERIE EN LIGNE – 32 rue des clos four – 63100 Clermont-Ferrand.
7.2 No Product Order under these GTCS may be canceled by the Customer or refunded by the Seller, including (but not limited to) if the Customer does not use the tickets, excluding the exercise of any right of withdrawal..
7.3 The Seller reserves the right to refuse to fulfill an Order from a Customer who has not paid for a previous Order in full, or with whom a payment dispute is pending. Such refusal constitutes a legitimate reason as defined by Article L.121-11 of the French Consumer Code, and shall not constitute a refusal to sell.
- General rules for the sale of Museum tickets
8.1 A ticket purchased by the Customer in no way guarantees entry to the premises upon arrival, due to maximum capacity limits. The Customer may have to wait to enter the Museum. The Customer hereby acknowledges that buying a ticket online does not provide any particular advantage if there are many visitors.
8.2 The cancellation of an activity due to force majeure or due to the acts of a third party to the contract shall under no circumstances give rise to any compensation payable to the Customer by the Seller. .
- Price
9.1 For each Product, Product descriptions listed in the Shop detail the services included in the price and/or the Products’ features. Prices are listed in euros and include all taxes, in particular value added tax (VAT) applicable in France or that applicable in the country of delivery, located in the European Union.
For orders outside the European Union, the price is automatically calculated excluding taxes. Customs duties and other local taxes must be paid directly to the transporter by the Customer.
9.2 As a general rule, ticket prices do not include any personal expenses (food, drink, tips, etc.) and more generally any service not expressly stated in the Shop.
9.3 Similarly, prices do not include shipping, transport and delivery costs, which are invoiced on top and calculated prior to placing the Order, under the terms specified on the Website. Payment requested from the Customer represents the total purchase amount, including these costs.
9.4 Prices on the Website may change at any time without notice, it being understood that such changes will not apply to previously placed Orders.
9.5 Once the Order has been confirmed and paid for, the Seller may not retroactively apply discounts and one-off promotional offers.
9.6 The only payment method accepted for Orders subject to these GTCS is bank card: cards in the Carte Bleue, Visa, Eurocard/Mastercard networks are accepted. Payment shall be made on the Website, by entering the Customer’s credit card number into a secure payment system. The Customer’s bank account will only be charged once by the Seller via its secure payment site, for the total amount of the Order, as from final registration set out in 4.2.
9.7 The Seller is not responsible for any credit card transaction fees due to exchange rate fluctuations or for any other reason.
9.8 For each Product Order (with the exception of tickets), an invoice for the price of the Product Order will be issued and delivered or sent to the Customer at the email address entered upon placing the order, on the day of Order delivery confirmation.
9.9. When you place an order, you can use a promotional code if you have one:
- Circulation of a promotional code: only promotional codes circulated by the Vendor or its partners are valid and may entitle you to a discounted purchase price for certain Articles in the L’Aventure MICHELIN online shop, or some other benefit. The Vendor is free to exclude certain Articles from eligibility for a promotional code (the specific conditions will be set out in the promotional code’s circulation campaign). Promotional codes are circulated under the conditions set out by the Vendor or its partners;
- Application of a promotional code: the promotional code must be applied at the time the order is placed, by filling in the appropriate field; no promotional code may be applied once the order has been placed. It is not possible to apply several promotional codes to the same order: only one promotional code may be applied to any one order. A promotional code cannot be applied at the same time as other current promotional offers, and is valid only while stocks last. The promotional code does not apply to shipping costs.
- Use of a promotional code: for each promotional code, the following information will be specified when the code is circulated to the recipients (non-exhaustive list): the validity date of the promotional code, the products or product categories to which the promotional code applies, the discount on the purchase price in absolute value or as a percentage, and if applicable, the minimum purchase value on which the code may be applied. A promotional code does not generate interest. Unless otherwise indicated, the promotional code can be used only once and expires once it has been used. A promotional code is personal, non-assignable, non-transferable to third parties and may not give rise to any financial reimbursement or consideration of any kind. In the event of a total or partial return of an order, the fraction of the original price that was not paid because covered by the promotional code is not reimbursed.
Invoices for tickets will be issued upon request.
- Parties’ obligations
10.1 The Seller hereby undertakes to fulfill the Product Order, subject to the provisions of Article 11 below and the Customer’s compliance with the procedure set out in Article 4 above.
10.2 Each Customer must comply with the internal rules displayed inside the Museum.
10.3 The Customer hereby undertakes to comply with any instructions issued by the Seller with regard to the organisation of the Museum visit.
10.4 Ticket Orders are strictly personal. As such, the Customer cannot sell their tickets to a third party.
- Liability – Warranty
11.1 The Products sold on the Website comply with applicable regulations in France.
11.2 In all cases, Customers benefit from the following statutory guarantees (as listed in Appendix 1 of these terms and conditions):
Customers are covered by a statutory warranty of conformity (Articles L.217-4 et seq. of the French Consumer Code) which requires the Seller to deliver Products in compliance with the Order and to resolve any compliance defects existing at the time of delivery. If this warranty is invoked, Customers may choose between repairing or replacing the Products, unless this involves a clearly disproportionate cost, in which case the Seller may opt for the less expensive solution. The Customer has two (2) years following delivery of the Products to claim this warranty and, within this period, is not required to prove that the defects existed before the sale.
Customers are covered by a statutory warranty for hidden defects (Articles 1641 et seq. of the French Civil Code), which requires the Seller to guarantee that the Products sold do not have any prohibitive defects, existing before the sale and making them unfit for intended use. If this warranty is invoked, the Customer may choose between canceling the sale or keeping the Products, in exchange for a discount, and must file a complaint within two (2) years of discovering the defect.
11.3 To uphold their rights, Customers must inform the Seller, in writing, of the non-conformity of the Products within no more than fourteen (14) days from delivery of the Products or identification of the hidden defects, and must return the defective Products to L’Aventure Michelin in the condition in which they were received, with all elements (accessories, packaging, instructions, etc.)
11.4 The Seller will refund, replace or repair Products or parts under warranty found to be non-compliant or defective.
11.5 Shipping costs will be reimbursed based on the invoiced rate, and return costs will be reimbursed upon presentation of receipts.
11.6 Refunds for Products found to be non-compliant or defective shall be made as soon as possible and within no later than fourteen (14) days of the Seller’s acknowledgement of the non-conformity or hidden defect.
The amount will be refunded by crediting the Customer’s bank account, or via bank check made out to the Customer.
11.7 The Seller shall not be held liable in the following cases:
– non-compliance with the laws of the country in which the Products are delivered, which the Customer must check,
– in the event of misuse, professional use, negligence or lack of maintenance by the Customer,
– in case of normal Product wear and tear, an accident or force majeure.
11.8 In any event, the Seller’s warranty is limited to the replacement or reimbursement of non-compliant or defective Products.
11.9 The Seller may be relieved of all or part of its liability if it can prove that the non-execution or improper execution of an Order is attributable either to the Customer or to force majeure.
11.10 The Customer shall be liable for any direct or indirect damage that they may cause to the Seller during its visit to the Museum, whether to the Seller’s staff and/or clientele, or to any equipment or material made available to the Customer by the Seller, or any item exhibited at the Museum.
11.11 The Seller shall not be held liable for damage of any kind caused by the personal actions of the Customer and persons under their charge.
11.12 Under no circumstances shall the Seller be held liable for lost or stolen tickets. However, a duplicate ticket may be issued at the dedicated desk upon presentation of an ID, identifier and booking date, enabling the Seller to retrieve the file number assigned when the online booking was made, provided that the ticket has not been used.
- Force majeure
12.1 If the performance of their obligations has been delayed, impeded or prevented by force majeure, neither Party shall be deemed to have failed to meet its contractual obligations. As such, any situation outside the Parties’ control that they could not reasonably have anticipated or prevented when the Customer became aware of the GTCS shall be considered force majeure, including but not limited to war (declared or not), civil war, riots and revolutions, acts of piracy, sabotage, natural disasters such as violent storms, cyclones, earthquakes, floods, destruction by lightning, epidemics or pandemics, or any other cause and event beyond the Seller’s control.
12.2 Similarly, the Seller shall not be liable for any disruption or damage resulting from the use of the internet, including but not limited to a service disruption, external intrusion or the presence of viruses on the computer used by the Customer to access the Website.
- Applicable law, language, complaints and disputes
13.1 These GTCS and the operations hereunder are subject to French law.
13.2 The GTCS were originally published in French. However, only the French text shall be binding in case of dispute.
13.3 Any complaint raised during the performance of an Order hereunder shall be made by the Customer as soon as possible and in an appropriate manner, in order to identify an amicable solution. The Customer shall send the Seller any complaints by registered mail within one month of the date of execution of the Orders concerned. This letter must state the Order number and specific reasons for the complaint.
13.4 If no amicable agreement can be found, the Customer may make use of conventional mediation, or any other alternative dispute resolution method. In particular, in accordance with Articles L.612-1 et seq. of the French Consumer Code, the Customer may refer the matter free of charge to the Médiateur de la Fédération professionnelle du e-commerce et de la vente à distance (FEVAD), either via a form that can be downloaded from the FEVAD ombudsman’s website (http://www.mediateurfevad.fr), or by post: Médiateur du e-commerce de la FEVAD – 60 rue la Boétie – 75008 Paris, after having read the FEVAD’s E-Commerce Mediation Charter. For more information on how to contact the Ombudsman: http://www.mediateurfevad.fr/index.php/espace-consommateur/.
13.5 If they so wish, the Customer may also 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 link: https://webgate.ec.europa.eu/odr/.
13.6 Customers may also apply to the courts with jurisdiction, under the conditions of ordinary law.
- Personal data
14.1 Information is collected on the Shop in order to enable the Seller to process the Order. They are processed based on the performance of a contract, the purpose of which is to process the Customer’s request and to manage commercial aspects of the Museum and its shop, including:. They are processed based on the performance of a contract, the purpose of which is to process the Customer’s request and to manage commercial aspects of the Museum and its shop, including:
- responding to requests for information submitted via the Website;
- placing and managing orders;
- sending commercial information if the Customer has consented to this, or where applicable laws allow;
- compiling general statistics on Website views, in order to improve the services the Seller offers on the Website.
14.2 The processed data is essential for this processing and is used by the relevant Michelin departments and by its subcontractors and service providers, where applicable. The data concerned is stored for a period not exceeding that required for commercial management, in accordance with applicable provisions.
14.3 In accordance with the French Data Protection Act of 6 January 1978, as amended, strengthened and supplemented by the General Data Protection Regulation, the Customer has the right to permanently access, correct and delete their personal data, the right to data portability, the right to limit processing and the right to object to the processing of their personal data, as defined by applicable regulations. The Customer also has the right to set instructions as to what should be done with their data after their death. These rights can be exercised by writing to: Michelin – 32 rue du Clos Four – 63100 Clermont-Ferrand, responsable du traitement.
14.4 These are individual rights, which can only be exercised by the data subject in relation to their own information: for security reasons, Michelin will have to verify the person’s identity in order to avoid disclosing any confidential information to a third party.
14.5 Michelin may disclose the Customer’s data to third parties for commercial prospecting purposes, provided that the Customer has provided their consent via a registration form.
14.6 The Customer can contact the data privacy department by sending an email to: privacy.fr@michelin.com. If the Customer’s request is not met, they may also submit a complaint to CNIL on its website: www.cnil.fr.
- Intellectual property
15.1 The content of the Website is the property of the Seller and its partners, and is protected by French and international intellectual property laws.
15.2 Any total or partial reproduction of this content is strictly prohibited, and may constitute a copyright infringement.
- Archiving
16.1 The Seller shall archive the details of Orders of an amount greater than or equal to €120 and the corresponding invoices on a reliable and durable medium, constituting a true copy pursuant to Article 1379 of the French Civil Code. The Seller’s electronic records shall be considered proof of communication, Orders, payments and transactions between the Seller and its Customers.
16.2 The Customer may obtain a copy of the archived documents upon request by emailing: contact@laventure.michelin.com.
APPENDIX 1: LEGAL PROVISIONS RELATING TO THE STATUTORY WARRANTY OF CONFORMITY AND THE HIDDEN DEFECT STATUTORY WARRANTY
Article L.217-4 of the French Consumer Code:
The Seller shall deliver goods in compliance with the contract, and shall be liable for any lack of conformity upon delivery.
It shall also be liable for any lack of conformity resulting from packaging, assembly instructions or installation, if it was made liable for installation in the contract or installation was carried out under its responsibility.
Article L.217-5 of the French Consumer Code:
The product shall be deemed compliant with the contract:
1. If it is fit for the purpose ordinarily expected of similar products and, if so:
– if it corresponds to the description provided by the Seller and includes the characteristics the Seller presented to the buyer in a sample or model;
– it has the characteristics a purchaser may legitimately expect with regard to public statements made by the Seller, the manufacturer or by its representative, in particular in advertising or on labels;
2. Or if it has the characteristics defined by mutual agreement between the Parties or is suitable for any special use required by the buyer, of which the Seller has been informed and which it has accepted.
Article L.217-7 of the French Consumer Code:
Conformity defects that appear within twenty-four months of delivery shall be presumed to have existed at the time of delivery, unless proven otherwise. For second-hand goods, this period is set at six months.
The Seller may refute this if this presumption is not compatible with the type of goods or the alleged lack of conformity.
Article L.217-8 of the French Consumer Code: :
The buyer is entitled to demand that the goods comply with the contract. However, they may not challenge the conformity of the goods by invoking a defect they knew of or could not have been unaware of when entering into the contract. The same applies if the defect stems from materials supplied by it.
Article L.217-9 of the French Consumer Code: :
In the event of a non-conformity, the buyer can choose to either have the products repaired or replaced. However, the Seller may choose not to adhere to the buyer’s preference if this would give rise to a clearly disproportionate cost compared to the other solution, taking into account the value of the goods or the magnitude of the defect. It must then apply the solution not selected by the buyer, unless this is impossible.
Article L.217-10 of the French Consumer Code: :
If repairing or replacing the goods is not possible, the buyer may return the goods and receive a refund, or keep the goods and receive a partial refund.
The same option applies:
1. If the solution requested, proposed or agreed upon in accordance with Article L.217-9 cannot be implemented within one month of the buyer’s complaint;
2. Or if this solution cannot be implemented without causing major inconvenience to the consumer, taking into account the type of product and its intended use.
However, the sale cannot be rescinded if the non-conformity is minor.
Article L.217-11 of the French Consumer Code: :
The provisions of Articles L. 217-9 and L. 217-10 shall be applied at no cost to the buyer.
These same provisions shall not prevent the allocation of damages.
Article L.217-12 of the French Consumer Code: :
Any action relating to a product non-conformity shall be time-barred after two years from the delivery date.
Article L.217-13 of the French Consumer Code: :
The provisions of this section do not prevent the buyer from exercising the right of recourse due to prohibitive defects, as set out in Articles 1641 to 1649 of the French Civil Code, or any other action of a contractual or extra-contractual nature recognised by law.
Article L.217-14 of the French Consumer Code: :
According to the principles of the French Civil Code, action may be brought by the final seller against successive sellers or intermediaries, and the manufacturer of the tangible items.
Article L.217-16 of the French Consumer Code: :
If the buyer asks the seller – during the commercial warranty period granted at the time of purchase or repair of an item – for repairs covered by warranty, any out-of-use period of at least seven days shall be added to the warranty term still left to run. This period shall begin from the moment of the buyer’s request or from the moment the corresponding products are made available for repair, if they made available after the request.
Article 1641 of the French Civil Code::
The Seller shall be liable for any hidden defects in the goods sold rendering them unsuitable for their intended use, or that limit such use to such an extent that the buyer would not have purchased them, or would have paid a lower price had they been aware thereof.
Article 1642 of the French Civil Code: :
The Seller shall not be liable for apparent defects of which the Buyer has solely convinced itself.
Article 1644 of the French Civil Code: :
Under Articles 1641 and 1643, the buyer has the choice of returning the item and receiving a refund, or keeping the item and receiving a partial refund.
Article 1645 of the French Civil Code: :
If the Seller was aware of the defects, it shall be liable vis-a-vis the buyer for all damages, in addition to refunding the price paid.
Article 1646 of the French Civil Code: :
If the Seller was unaware of the defects, it shall only be required to refund the price paid, and to reimburse the buyer for the costs incurred by the sale.
Article 1648 para. 1 of the French Civil Code: :
Action resulting from prohibitive defects must be brought by the buyer within two years of discovering the defect. As provided for in Article 1642-1, action must be brought, subject to forfeiture, within one year from the date on which the Seller is relieved of the defects or apparent non-conformity.
APPENDIX 2: WITHDRAWAL FORM
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on the Website, except for any exclusions or limitations to exercising the right of withdrawal under the applicable General Terms and Conditions of Sale.
ATTN:
L’Aventure Michelin
32 rue du clos four
63100 Clermont-Ferrand
I hereby inform you of my retraction from the contract governing the following Product Order:
– Order dated [Date] [Date]
– Order number: …………………………………………………..
– Customer name: …………………………………………………………………
– Customer address: ……………………………………………………………..
Customer Signature (only if sending this form in hardcopy form):
Date :