Preamble

General terms and conditions of sale for online products to individual consumers

These general terms and conditions of sale apply to all sales concluded on the Tofu Kozo Records website. The tofu-kozo.com website is a service of:

The Tofu Kozo Records association located at 88 rue Saint-Roch 80000 Amiens, France website URL: tofu-kozo.com email: tofukozoprod@gmail.com phone number: 0633928927

The Tofu Kozo Records website sells the following products: Audio cassettes. The customer declares to have read and accepted the general terms and conditions of sale prior to placing an order. The validation of the order thus implies acceptance of the general terms and conditions of sale.

Article 1 – Principles

These general terms and conditions express the entirety of the parties’ obligations. In this sense, the buyer is deemed to accept them without reservation. These general terms and conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.

They are accessible on the Tofu Kozo Records website and will prevail, if necessary, over any other version or conflicting document. The seller and the buyer agree that these general terms and conditions govern their relationship exclusively. The seller reserves the right to modify its general terms and conditions from time to time. They will be applicable as soon as they are posted online.

If a sales condition were to be missing, it would be considered to be governed by the practices in force in the distance selling sector, where companies have their registered office in France. These general terms and conditions of sale are valid until April 1, 2025.

Article 2 – Content

The purpose of these general terms and conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the Tofu Kozo Records website. These conditions only concern purchases made on the Tofu Kozo Records website and delivered exclusively in mainland France or Corsica. For any delivery to overseas departments and territories or abroad, please send a message to the following email address: tofukozoprod@gmail.com.

These purchases concern the following products: Audio cassettes.

Article 3 – Pre-contractual information

The buyer acknowledges having received, prior to placing the order and concluding the contract, in a clear and understandable manner, these general terms and conditions of sale and all the information listed in Article L. 221-5 of the French Consumer Code.

The following information is provided to the buyer in a clear and understandable manner:

• the essential characteristics of the product;
• the price of the product and/or the method of calculating the price;
• if applicable, all additional costs of transport, delivery or postage and any other possible costs;
• in the absence of immediate performance of the contract, the date or deadline by which the seller undertakes to deliver the product, regardless of its price;
• information concerning the seller’s identity, postal, telephone and electronic contact details, and activities, as well as information relating to legal guarantees, the functionalities of digital content and, where applicable, its interoperability, the existence and implementation methods of guarantees and other contractual conditions.

Article 4 – Ordering

The buyer has the option of placing an order online, from the online catalog and using the form provided, for any product, subject to availability. The buyer will be informed of any unavailability of the product or item ordered. To validate the order, the buyer must accept these general terms and conditions by clicking in the designated location. They must also choose the address and mode of delivery, and finally validate the method of payment.

The sale will be considered final:

• after the seller sends the buyer confirmation of acceptance of the order by email;
• and after the seller has received full payment. Any order implies acceptance of the prices and description of the products available for sale. Any dispute on this point will be settled in the context of a possible exchange and the guarantees mentioned below. In certain cases, such as non-payment, an incorrect address, or other issues with the buyer’s account, the seller reserves the right to block the buyer’s order until the problem is resolved. For any questions regarding the status of an order, the buyer can call the following telephone number: 0633928927 (local call cost), on the following days and times: Monday to Friday, from 9am to 6pm, or send an email to the seller at the following email address: tofukozoprod@gmail.com.

Article 5 – Electronic signature

The online provision of the buyer’s credit card number and the final validation of the order will constitute proof of the buyer’s agreement:

• for the amounts due under the order;
• signature and express acceptance of all transactions carried out.

In the event of fraudulent use of the credit card, the buyer is invited, upon becoming aware of this use, to contact the seller at the following telephone number: 0633928927.

Article 6 – Order Confirmation

The seller provides the buyer with an order confirmation by email.

Article 7 – Proof of Transaction

The computerized records kept in the seller’s computer systems under reasonable security conditions will be considered proof of communications, orders, and payments between the parties. The archiving of order forms and invoices is carried out on a reliable and durable medium that can be produced as proof.

Article 8 – Product Information

The products governed by these general terms and conditions are those that appear on the seller’s website and are indicated as sold and shipped by the seller. They are offered subject to availability. The products are described and presented as accurately as possible. However, if errors or omissions have occurred regarding this presentation, the seller’s liability cannot be engaged.

The photographs of the products are not contractual.

Article 9 – Prices

The seller reserves the right to change its prices at any time but undertakes to apply the rates in effect indicated at the time of the order, subject to availability on that date. The prices are indicated in euros. They do not include delivery costs, which are billed in addition and indicated before the validation of the order. The prices take into account 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 in the online store.

If one or more taxes or contributions, particularly environmental ones, were to be created or modified, up or down, this change could be reflected in the selling price of the products.

Article 10 – Payment Methods

This is a payment-obligatory order, which means that placing an order implies payment by the buyer. To pay for their order, the buyer may choose from all payment methods made available by the seller and listed on the seller’s website. The buyer guarantees the seller that they have the necessary authorizations to use the payment method chosen by them when validating the order. The seller reserves the right to suspend any order processing and delivery in the event of a refusal of payment authorization by credit card by officially accredited organizations or in the event of non-payment. The seller reserves, in particular, the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid for a previous order or with whom a payment dispute is being processed. The payment of the price is made in full on the day of the order, according to the following terms:

• credit card
• paypal

Article 11 – Product Availability – Refund – Resolution

Except in cases of force majeure or during periods of closure of the online store which will be clearly announced on the homepage of the site, the shipping times will be, within the limits of available stocks, those indicated below. The shipping times run from the date of registration of the order indicated on the order confirmation email.

For deliveries in mainland France and Corsica, the deadline is between 3 and 7 days depending on the destination country, from the day following the day the buyer placed the order, according to the following terms: Colissimo. At the latest, the deadline will be 30 working days after the conclusion of the contract. For deliveries in the French overseas departments and territories or in another country, the delivery terms will be specified to the buyer on a case-by-case basis.

In the event of non-compliance with the agreed delivery date or deadline, the buyer must, before terminating the contract, order the seller to execute it within a reasonable additional period. In the absence of execution upon the expiration of this new period, the buyer may freely terminate the contract. The buyer must carry out these successive formalities by registered letter with acknowledgment of receipt or by writing on another durable medium.

The contract will be considered terminated upon receipt by the seller of the letter or writing informing them of this resolution, unless the professional has executed the contract in the meantime. However, the buyer may immediately terminate the contract if the dates or deadlines mentioned above constitute an essential condition of the contract for them.

In this case, when the contract is terminated, the seller is required to reimburse the buyer for the full amount paid, at the latest within 14 days from the date on which the contract was terminated. In the event of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the option to cancel their order. The buyer will then have the choice to request either a refund of the amounts paid within 14 days at the latest of their payment, or the exchange of the product.

Article 12 – Delivery terms

Delivery refers to the transfer to the consumer of physical possession or control of the goods. The ordered products are delivered according to the terms and timeframes specified above. The products are delivered to the address provided by the buyer on the order form, and the buyer must ensure its accuracy. Any package returned to the seller due to an incorrect or incomplete delivery address will be resent at the buyer’s expense. The buyer may request the sending of an invoice to the billing address rather than the delivery address by selecting the option provided for this purpose on the order form. If the buyer is absent on the day of delivery, the delivery person will leave a notice in the mailbox, indicating where and when the package can be picked up. If at the time of delivery, the original packaging is damaged, torn, or opened, the buyer must then check the condition of the articles. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery slip (package refused because it was opened or damaged).

The buyer must indicate on the delivery slip and in the form of handwritten reservations accompanied by their signature, any anomaly concerning the delivery (damage, missing product compared to the delivery slip, damaged package, broken products, etc.). This verification is considered as carried out as soon as the buyer, or a person authorized by them, signs the delivery slip.

The buyer must then confirm these reservations to the carrier by registered mail no later than two business days following receipt of the article(s) and send a copy of this letter by fax or regular mail to the seller at the address indicated in the legal notices of the site. If the products need to be returned to the seller, the buyer must request a return from the seller within 14 days following delivery. Any claim made outside of this period will not be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions, etc.).

Article 13 – Delivery errors

The buyer must notify the seller on the same day of delivery or at the latest on the first working day following delivery of any claim for delivery error and/or non-conformity of products in nature or quality with respect to the indications appearing on the order form. Any claim made beyond this period will be rejected.

The claim may be made, at the buyer’s option:

• by telephone on the following number: 0633928927;
• by e-mail to the following address: tofukozoprod@gmail.com.

Any claim not made in accordance with the rules defined above and within the time limits set will not be taken into account and will release the seller from any liability vis-à-vis the buyer.

Upon receipt of the claim, the seller will assign an exchange number for the product(s) concerned and communicate it by e-mail to the buyer. The exchange of a product can only take place after the exchange number has been assigned. In the event of a delivery error or exchange, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging, by Colissimo Recommandé, to the following address: 88 rue Saint-Roch, apartment 32, 80000 Amiens.

Return costs are the responsibility of the seller.

Article 14 – Product Guarantees

14-1 Legal guarantee of conformity

The seller is responsible for ensuring that the product sold conforms to the contract, allowing the buyer to make a claim under the legal guarantee of conformity provided for in Articles L. 217-3 et seq. of the French Consumer Code. In the event of the implementation of the legal guarantee of conformity, it is reminded that:

• the buyer has a period of 2 years from the delivery of the product to take action;
• the buyer may choose between repairing or replacing the product, subject to the cost conditions provided for in Article L. 217-17 of the French Consumer Code;
• the buyer does not have to provide proof of the non-conformity of the product during the first 24 months in the case of new products (12 months for second-hand products) following the delivery of the product.

14-2 Legal guarantee of hidden defects

In accordance with Articles 1641 et seq. of the French Civil Code, the seller is responsible for hidden defects that may affect the product sold. It will be up to the buyer to prove that the defects existed at the time of sale of the product and are of a nature to render the product unfit for the use for which it is intended. This guarantee must be implemented within a period of two years from the discovery of the defect.

The buyer may choose between canceling the sale or a reduction in the price in accordance with Article 1644 of the French Civil Code.

Article 15 – Right of Withdrawal

Application of the right of withdrawal In accordance with the provisions of the Consumer Code, the buyer has a period of 14 days from the date of delivery of the order to return any item that does not suit him and request an exchange or refund without penalty, except for the return costs which remain the responsibility of the buyer. Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing their resale in new condition, accompanied by the purchase invoice. Damaged, soiled or incomplete products will not be accepted for return.

The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this case, an acknowledgement of receipt on a durable medium will be immediately communicated to the buyer. Any other means of declaration of withdrawal is accepted. It must be unambiguous and express the will to withdraw. In case of exercise of the right of withdrawal within the aforementioned period, the price of the purchased product(s) is refunded and the delivery costs are refunded.

The return costs are the responsibility of the buyer. The exchange (subject to availability) or the refund will be made within 72 hours, and at the latest, within 14 days from the receipt, by the seller, of the products returned by the buyer under the conditions provided above.

Exceptions According to Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:

• for the supply of goods whose price depends on fluctuations in the financial market beyond the control of the professional and which may occur during the withdrawal period;
• for the supply of goods made to the consumer’s specifications or clearly personalized;
• for the supply of goods liable to deteriorate or expire rapidly;
• for the supply of goods that have been unsealed by the consumer after delivery and that cannot be returned for reasons of hygiene or health protection;
• for the supply of goods which, after delivery and by their nature, are inseparably mixed with other articles;
• for the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose agreed value at the conclusion of the contract depends on fluctuations on the market beyond the control of the professional;
• for urgent repair or maintenance work to be carried out at the consumer’s home and expressly requested by him, within the limit of spare parts and work strictly necessary to meet the emergency;
• for the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
• for the supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;
• for the supply of digital content not supplied on a tangible medium, the performance of which has begun after express prior agreement of the consumer and express waiver of his right of withdrawal.

Article 16 – Force Majeure

All circumstances beyond the control of the parties preventing the normal execution of their obligations are considered as causes of exemption from the obligations of the parties and lead to their suspension. The party invoking the circumstances mentioned above must immediately notify the other party of their occurrence, as well as their disappearance.

Shall be considered as cases of force majeure all irresistible facts or circumstances, external to the parties, unpredictable, unavoidable, independent of the will of the parties, and which cannot be prevented by them, despite all reasonably possible efforts. Expressly, cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals, are: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the interruption of telecommunications networks, or difficulties inherent in external telecommunications networks to customers.

The parties will come together to examine the impact of the event and agree on the conditions under which the contract will be continued. If the case of force majeure lasts more than three months, these general conditions may be terminated by the injured party.

Article 17 – Intellectual Property

The content of the website remains the property of the seller, the sole owner of intellectual property rights to this content. Buyers undertake not to use this content; any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.

Article 18 – Data Protection

The personal data provided by the buyer is necessary for the processing of their order and the establishment of invoices. They may be communicated to the seller’s partners responsible for the execution, processing, management, and payment of orders.

The buyer has a permanent right of access, modification, rectification, and opposition concerning information about them. This right can be exercised under the conditions and according to the modalities defined on the Tofu Kozo Records website.

Article 19 – Partial non-validation

If one or more provisions of these general terms and conditions are held to be invalid or declared as such pursuant to a law, regulation, or final decision of a competent court, the other provisions shall remain in full force and effect.

Article 20 – Non-waiver

The fact that one of the parties does not rely on a breach by the other party of any of the obligations referred to in these general terms and conditions shall not be construed for the future as a waiver of the obligation in question.

Article 21 – Title

In the event of any difficulty in interpreting any of the titles appearing at the head of the clauses, or any of the clauses themselves, the titles shall be deemed nonexistent.

Article 22 – Language of the contract

These general terms and conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be binding in the event of a dispute.

Article 23 – Mediation and dispute resolution

The purchaser may use a conventional mediation process, in particular with the Consumer Mediation Commission or existing sectoral mediation bodies, or any other alternative dispute resolution method (conciliation, for example) in the event of a dispute. The mediator’s name, contact details, and email address are available on our website.

In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has established an Online Dispute Resolution platform, facilitating independent out-of-court settlement of disputes online between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.

Article 24 – Applicable law

These general terms and conditions are subject to the application of French law. The competent court is the court of first instance. This applies to both substantive and procedural rules. In the event of a dispute or claim, the purchaser shall first contact the seller to seek an amicable solution.

Article 25 – Protection of personal data

Data collected

The personal data collected on this site are as follows:

• Account creation: when creating the user’s account, their first name, last name, email address, and postal address are collected.
• Connection: when the user connects to the website, their name, first name, login data, usage data, location data, and payment data are recorded.
• Profile: using the services provided on the website allows the user to create a profile, which may include an address and phone number.
• Payment: in the context of payment for products and services offered on the website, financial data related to the user’s bank account or credit card is recorded.
• Communication: when the website is used to communicate with other members, data regarding the user’s communications is temporarily stored.
• Cookies: cookies are used in the context of website use. The user has the option to disable cookies from their browser settings.

Use of personal data

The personal data collected from users is intended to provide the services of the website, improve them, and maintain a secure environment. Specifically, the uses are as follows:

• Access and use of the website by the user.
• Management of the operation and optimization of the website.
• Organization of the conditions of use of the payment services.
• Verification, identification, and authentication of data transmitted by the user.
• Provision of the opportunity for the user to communicate with other users of the website.
• Implementation of user assistance.
• Customization of services by displaying advertisements based on the user’s browsing history and preferences.
• Prevention and detection of fraud, malware, and security incident management.
• Management of any disputes with users.
• Sending commercial and advertising information based on the user’s preferences.

Article 25 – Personal Data Protection

Data collected

The personal data collected on this site is as follows:

• Account creation: When creating a user account, the user’s name, first name, email address, and postal address are recorded.
• Connection: When the user logs into the website, their name, first name, connection data, usage data, location data, and payment data are recorded.
• Profile: Use of the services provided on the website allows for the creation of a profile, which may include an address and phone number.
• Payment: In the context of paying for products and services offered on the website, financial data related to the user’s bank account or credit card may be recorded.
• Communication: When the website is used to communicate with other members, data related to the user’s communications is temporarily stored.
• Cookies: Cookies are used in the context of website use. Users have the option to disable cookies from their browser settings.

Use of personal data

The personal data collected from users aims to provide the services of the website, improve them, and maintain a secure environment. Specifically, the uses are as follows:

• Access and use of the website by the user;
• Management of the operation and optimization of the website;
• Organization of the terms of use of payment services;
• Verification, identification, and authentication of data transmitted by the user;
• Offering the user the possibility of communicating with other website users;
• Implementation of user support;
• Personalization of services by displaying advertisements based on the user’s browsing history and preferences;
• Prevention and detection of fraud, malware, and management of security incidents;
• Management of any disputes with users;
• Sending commercial and advertising information, based on the user’s preferences.

Sharing of personal data with third parties

Personal data may be shared with third-party companies in the following cases:

• When the user uses payment services, the website is in contact with third-party banks and financial institutions with whom it has contracts to implement these services;
• When the user publishes information accessible to the public in the website’s free comment areas;
• When the user authorizes a third-party website to access their data;
• When the website uses service providers to provide user support, advertising, and payment services. These providers have limited access to user data as part of the provision of these services and have a contractual obligation to use them in compliance with the applicable data protection regulations;
• If required by law, the website may transmit data to respond to claims against the website and comply with administrative and judicial procedures;
• If the website is involved in a merger, acquisition, asset sale, or judicial reorganization procedure, it may be required to transfer or share all or part of its assets, including personal data. In this case, users would be informed before personal data is transferred to a third party.

Security and confidentiality

The website implements organizational, technical, software, and physical security measures in digital security to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the Internet is not a completely secure environment, and the website cannot guarantee the security of information transmission or storage on the Internet.

Implementation of user rights

In accordance with the regulations applicable to personal data, users have the following rights, which they can exercise by making their request to the following address: tofukozoprod@gmail.com.

• Right of access: they can exercise their right of access, to know the personal data concerning them. In this case, before implementing this right, the website may ask for proof of the user’s identity in order to verify its accuracy.
• Right of rectification: if the personal data held by the website are inaccurate, users can request the updating of the information.
• Right to erasure: users may request the deletion of their personal data, in accordance with applicable data protection laws.
• Right to restriction of processing: users may request the website to limit the processing of personal data in accordance with the hypotheses provided for by the GDPR.
• Right to object to processing: users may object to the processing of their data in accordance with the hypotheses provided for by the GDPR.
• Right to data portability: they may request that the website provide them with the personal data provided to it for transmission to a new website.

Evolution of this clause

The website reserves the right to modify this clause on the protection of personal data at any time. If a modification is made to this clause on the protection of personal data, the website agrees to publish the new version on its website. The website will also inform users of the modification by email, at least 15 days before the effective date. If the user does not agree with the terms of the new version of the clause on the protection of personal data, they have the option to delete their account.

Annex:

Withdrawal form

(to be completed by the consumer, and sent by registered letter with acknowledgment of receipt, within a maximum period of 14 days following the conclusion date of the service contract)

Withdrawal form

To the attention of: Tofu Kozo Records located at: 88 rue Saint-Roch, 80000 Amiens phone number: 0633928927 email address: tofukozoprod@gmail.com

I hereby notify you of my withdrawal from the contract concerning …………………, ordered on: ……… Consumer’s first and last name: ……………..

Consumer’s address: …………….. Date: ……………… Consumer’s signature.

Annex:

Consumer Code

Article L. 217-4: “The seller shall deliver goods in conformity with the contract and shall be liable for any lack of conformity existing at the time of delivery. It shall also be liable for any lack of conformity resulting from the packaging, assembly instructions, or installation if it is responsible for the contract or if the installation was carried out under its responsibility.”

Article L. 217-5: “The good shall be in conformity with the contract: 1° If it is suitable for the customary use of a similar good and, where applicable:

• if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model;
• if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or its representative, in particular in advertising or labeling; 2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.”

Article L. 217-6: “The seller shall not be bound by the public statements of the producer or its representative if it is established that it did not know them and could not legitimately have known them.”

Article L. 217-7: “Any lack of conformity that becomes apparent within twenty-four months from the delivery of the good 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 rebut this presumption if it is not compatible with the nature of the good or the lack of conformity invoked.”

Article L. 217-8: “The buyer shall be entitled to require the good to conform to the contract. However, the buyer cannot contest the conformity by invoking a defect that it knew or could not have ignored when it contracted. The same applies when the defect originates from the materials it has itself supplied.”

Article L. 217-9: “In the event of a lack of conformity, the buyer shall choose between repair and replacement of the good. However, the seller may not proceed according to the buyer’s choice if this choice entails a cost that is manifestly disproportionate to the other modality, taking into account the value of the good or the importance of the lack of conformity. It shall then be obliged, unless impossible, to proceed according to the modality not chosen by the buyer.”

Article L. 217-10: “If repair and replacement of the good are impossible, the buyer may return the good and be reimbursed the price or keep the good and be refunded part of the price. The same option is open to the buyer: 1° If the solution requested, proposed, or agreed upon under Article L. 217-9 cannot be implemented within one month following the buyer’s complaint; 2° Or if this solution cannot be implemented without major inconvenience to the buyer, given the nature of the good and the intended use. However, the sale may not be rescinded if the lack of conformity is minor.”

Article L. 217-11: The provisions of Articles L. 217-9 and L. 217-10 shall be applied at no cost to the buyer. These same provisions do not prevent the allocation of damages.

Article L. 217-12: “The action resulting from a lack of conformity shall be prescribed within two years from the delivery of the good.”

Article L. 217-13: “The provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as resulting from Articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature recognized by law.”

Article L. 217-14: “The recourse action may be exercised by the final seller against the successive sellers or intermediaries and the producer of the movable property, according to the principles of the Civil Code.

Article L. 217-15: “The commercial guarantee means any contractual commitment by a professional towards the consumer for the purpose of refunding the purchase price, replacing or repairing the goods or providing any other service related to the goods, in addition to its legal obligations to guarantee the conformity of the goods.

The commercial guarantee is the subject of a written contract, of which a copy is given to the buyer.

The contract specifies the content of the guarantee, the modalities of its implementation, its price, its duration, its territorial scope as well as the name and address of the guarantor. In addition, it clearly and precisely states that, independently of the commercial guarantee, the seller remains liable for the legal guarantee of conformity mentioned in Articles L. 217-4 to L. 217-12 and that relating to defects in the thing sold, under the conditions provided for in Articles 1641 to 1648 and 2232 of the Civil Code. The provisions of Articles L. 217-4, L. 217-5, L. 217-12, and L. 217-16 as well as Article 1641 and the first paragraph of Article 1648 of the Civil Code are fully reproduced in the contract. In case of non-compliance with these provisions, the guarantee remains valid. The buyer has the right to invoke it.

Article L. 217-16: “When the buyer asks the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of a movable asset, for restoration work covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the request for intervention by the buyer or from the availability for repair of the property in question, if this availability is subsequent to the request for intervention.”

Civil Code

Article 1641: “The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it was intended, or which so diminish its usefulness that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them.”

Article 1648: “The action resulting from redhibitory defects must be brought by the purchaser, within a period of two years from the discovery of the defect. In the case provided for by article 1642-1, the action must be brought, under penalty of foreclosure, within the year following the date on which the seller may be discharged from the apparent defects or non-compliance.