General Terms and Conditions of Sale
of the Dealer Store of
Leica Camera France Sarl

1. Subject Matter and Scope of Application

   1. These General Terms and Conditions of Sale shall apply to all orders you (hereinafter the "Buyer" or "you") place through the Leica Camera France online store, which is accessible via the Leica Camera AG (hereinafter "Leica") online marketplace , accessible at the URL https://classic.leica-camera.com/en (hereinafter the "Platform") to purchase second-hand products from the dealer store Leica Camera France Sarl, RCS 404 360 778,134 rue du Faubourg Saint-Honoré, 75008 Paris, France, E-mail: onlinestore.fr@leica-camera.com, Phone:01 46 99 51 63 (hereinafter “Leica Camera France”, "Seller", "we" or "us").
   2. The range of goods offered in our physical and online stores is aimed exclusively at buyers aged 18 or older.
      
      A consumer shall be defined as any natural person who enters into a legal transaction for purposes that cannot predominantly be attributed to their commercial or independent professional activity.
   3. The contract language is normally English. It will be French if the buyer resides in France.
   4. Offers in the Seller’s online dealer store are governed exclusively by these General Terms and Conditions of Sale, the current version of which is published on the overview page of our online dealer store Leica Camera France. When ordering from Leica Camera France, the Terms and Conditions of Use of the dealer Platform of Leica Camera AG must also be observed.

2. Conclusion of the Contract

   1. When placing an order for products offered for sale online by Leica Camera France on the Platform, the Buyer enters into a sales contract with Leica Camera France.
   2. The presentation of products in our online store shall not constitute a legally binding offer, but a non-binding invitation to place an order.
   3. By clicking on the "Submit order" button, the Buyer submits a binding purchase offer to order the goods placed in their shopping cart.
   4. Upon receipt of the order, the Buyer will receive an automatically generated e-mail confirming receipt of its order. This confirmation shall not yet constitute acceptance of the order, nor shall it constitute the conclusion of a contract.
   5. A sales contract is only formed once we have expressly accepted the order in writing or shipped the goods to the Buyer. Shipping of the goods will be confirmed by e-mail to the Buyer.

3. Prices

   1. The prices stated on our product pages include all taxes but do not include shipping fees or any customs fees. Costs incurred for shipping services other than those offered by Seller shall be charged additionally. For more information about shipping costs, please refer to the Seller’s "Shipping and Payment Information".

4. Shipping

   1. Unless agreed otherwise, we will ship goods to the address provided by the Buyer.
   2. Shipping times are specified for each item.
   3. When redeeming a gift voucher or promotional credits or other discounts, shipping fees will be calculated based on the original order value without the deduction of the value of the redeemed gift voucher or promotional code or other granted discounts.
   4. We ship to the countries listed in the item description within the shipping time specified upon the order confirmation.

5. Payment Terms

   1. The purchase price can be paid in advance, by credit card or any other payment method offered on the Platform, which the Buyer selects during the ordering process. Payment terms depend on the payment method selected. We offer certain payment options in collaboration with service providers and, if necessary, assign our claim to the purchase price to them. More information on payment terms and conditions can be found at the following URL address : https://classic.leica-camera.com/en/Further-Information/Shipping-and-Payment/
   2. Accepted credit cards and other payment methods for ordering products on our online dealer store also depend on the terms and conditions applied by the Platform. The Buyer is obliged to keep payment information stored in their customer account up to date.
   3. We reserve the right not to offer certain payment methods depending on the nature or the amount of the order or to make their availability conditional on a credit check.
   4. If advance payment has been selected as a payment method, the Buyer must transfer the invoiced amount to the account specified in the invoice within ten (10) days after receipt of the order confirmation stating the order number. Goods will be shipped after receipt of payment.
   5. In the event of late payment, the professional Buyer will be liable to pay a fixed indemnity for collection cost of €40, in addition to late payment interest at a rate equal to three times the legal interest rate, in application of Article L. 441-10 of the French Commercial Code.
   6. Goods will remain our property until full payment of the selling price.

6. Setoff, Right of Retention

   1. To the extent permitted by the warranties set forth in Article 8 of these General Terms and Conditions of Sale, the Buyer may only offset or withhold payments to the extent that the Customer is actually entitled to compensation for material product defects or in the event of the Seller’s failure to perform its obligations. The Buyer's right of retention is restricted to the scope of the warranties provided in Article 8 and is contingent upon the timely submission of a claim within the stipulated period.
   2. In any event, the Customer may only offset payments or exercise a right of retention with undisputed or legally established claims.

7. Right of withdrawal

   As a non-professional consumer, you shall have a right of withdrawal in accordance with the following provisions:
   
   You may exercise your right of withdrawal within fourteen (14) days without giving reasons. The cooling-off period is fourteen (14) days from the day on which you personally, or through a third party appointed by you, who is not the freight carrier, have taken possession of the goods.
   
   In the case of an order containing several products, placed on the Platform, the fourteen (14) day period for notifying your decision to withdraw runs from receipt of the last product.
   
   In order to exercise your right of withdrawal, you must inform us (Leica Camera France Sarl, 134 rue du Faubourg Saint-Honoré, 75008 Paris, France, E-mail: onlinestore.fr@leica-camera.com, Phone: 01 46 99 51 63) of your decision to withdraw from this contract by clearly stating your intention (e.g. in a mailed letter or e-mail). You may use the attached sample withdrawal form although this is not mandatory.
   
   In order to comply with the cooling-off period, it is sufficient to send us notice of exercise of your right of withdrawal before the cooling-off period expires. Products must then be returned to Leica Camera France within fourteen (14) days of notification of your withdrawal.
   
   The right of withdrawal shall not apply to:

   • contracts for the supply of goods made to the consumer’s specifications or clearly personalized;
   • contracts for the supply of goods, audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
   • contracts for the supply of digital content not supplied on a tangible medium, where performance has begun before the end of the cooling-off period and, if the contract imposes a payment obligation on the consumer, where:
     1. the consumer has expressly consented in advance to commencement of the contract before the end of the cooling-off period; and
     2. the consumer has acknowledged the loss of their right of withdrawal; and
     3. the professional has provided confirmation of the consumer's agreement as per the provisions of the second paragraph of Article L. 221-13 of French Consumer Code.

   Consequences of withdrawal
   
   If you withdraw from this contract, we will refund any and all payments we have received from you, including shipping fees (with the exception of additional costs incurred due to your choice of a shipping option other than the most economical standard shipping method we offer), without undue delay and no later than within fourteen (14) days from the day on which we received notification of your withdrawal from the contract. For the refund, we will use the same payment method that you used upon placing the order, unless expressly agreed otherwise with you. In no case will you be charged any fees as a result of the refund. We may wait to refund you until we have received the goods back or until you have provided proof of return of the goods, whichever is earlier.
   
   You are obliged to return or hand over the goods to us no later than fourteen (14) days from the day on which you notified us of the cancellation of the contract. The deadline is met if you send the goods back before expiry of the fourteen (14) days period.
   
   You will be responsible for return shipping costs.
   
   You will be held responsible for any defect or loss of value of the goods caused by unnecessary handling of the goods to verify their condition, properties, and function.

   Sample Withdrawal Form

   (If you wish to exercise your right of withdrawal, please fill out and return this form)

   To Leica Camera France Sarl, 134 rue du Faubourg Saint-Honoré, 75008 Paris, France, E-mail: onlinestore.fr@leica-camera.com,
   
   I/we (*) hereby notify you that I/we (*) withdraw from the contract for the sale of good(s) (*)

   • Ordered on (*)/received on (*)
     
     
   • Name of consumer(s)
     
     
   • Address of consumer(s)
     
     
   • Signature of consumer(s) (only in case of notification in paper format)
     
     
   • Date:
     
     

   (*) Delete where not applicable.

   End of the withdrawal policy

8. Warranties

   1. Unless expressly agreed otherwise, warranty claims shall be governed by the law of the country where the Seller is based, in this case French law.
   2. If you are a professional, the warranty period shall be one (1) year from the delivery of the goods.
   3. If you are a consumer or non-professional:
      
      You have a period of two years from the date of delivery of the goods in which to exercise the statutory warranty of conformity in the event of a lack of conformity. During this period, you are only required to establish the existence of the lack of conformity, and not the date of its appearance.
      
      Where the contract for the sale of goods provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the statutory warranty applies to this digital content or digital service throughout the agreed supply period. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or service, and not the date of its appearance.
      
      The statutory warranty of conformity obliges the professional, where applicable, to provide all updates necessary for keeping the goods in conformity.
      
      The statutory warranty of conformity entitles the consumer to have the goods repaired or replaced within thirty days of customer’s request, free of charge and without any significant inconvenience to customer.
      
      If the good is repaired under the statutory warranty of conformity, the consumer benefits from a six-month extension of the initial warranty.
      
      If the consumer asks for the good to be repaired, but the seller requires it to be replaced, the statutory warranty of conformity is renewed for a period of two years from the date of replacement of the good.
      
      The consumer may obtain a reduction in the purchase price by keeping the goods, or terminate the contract by obtaining a full refund against return of the goods, if:
      
      1. The professional refuses to repair or replace the goods;
      
      2. The goods are repaired or replaced after a period of thirty days;
      
      3. The repair or replacement of the goods causes significant inconvenience to the consumer, in particular where the consumer permanently bears the cost of taking back or removing the non-conforming good, or the cost of installing the repaired or replacement good;
      
      4. The non-conformity of the good persists despite the seller's unsuccessful attempt to bring it into conformity.
      
      The consumer is also entitled to a reduction in the price of the goods or to terminate the contract when the lack of conformity is so serious as to justify immediate reduction in the price or termination of the contract. In such cases, the consumer is not obliged to request repair or replacement of the goods beforehand.
      
      The consumer is not entitled to terminate the contract if the lack of conformity is minor.
      
      Any period during which the goods are immobilized for repair or replacement suspends the remaining warranty period until delivery of the repaired or replaced good. The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the French Consumer Code.
      
      Any seller who obstructs the implementation of the statutory warranty of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual sales (Article L. 241-5 of the French Consumer Code).
      
      Consumers are also covered by the statutory warranty against hidden defects under Articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This warranty entitles you to a price reduction if the goods are kept, or to a full refund in exchange for the return of the goods.
      If you are a professional customer:
      
      You benefit from the statutory warranty against hidden defects under Articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This warranty entitles you to a price reduction if the goods are kept, or to a full refund in exchange for the return of the goods.

9. Liability

   1. Unlimited liability: We shall be liable without limitation for damage caused by intent and/or gross negligence on our part. We shall be liable for slight negligence in the event of damage resulting from harm to life and limb and the health of persons.
   2. Limitation of liability (applicable to professional customers): The Vendor shall not be liable for any indirect damage, operating loss, loss of profit, loss of opportunity, damages or expenses arising from the purchase and/or use of the products.

10. Shipping Damage

    1. If the goods arrive damaged, we ask the Buyer to report the damage to the carrier immediately and contact us promptly.
    2. Failure to file a complaint or to contact us does not impact statutory warranty rights and the statutory right of withdrawal, provided that the Buyer is a consumer. However, the Buyer may assist us in asserting our own rights against the freight carrier or pursuing a claim under the shipping insurance.

11. Indemnification

    1. The Buyer shall indemnify Leica Camera France and its employees or agents against any and all claims by third parties arising from the alleged or actual infringement and/or violation of third-party rights as a result of actions taken by the Buyer in connection with this contract.
    2. In addition, the Buyer undertakes to reimburse all costs Leica Camera France has incurred as a result of third-party claims. Reimbursable costs shall also include reasonable legal defense expenses.

12. Settlement of Consumer Disputes

    1. In case of disagreements with our buyers, we always strive to settle disputes amicably. Beyond that, we are not obliged to participate in any dispute resolution process before a consumer arbitration board, nor do we opt participate in such proceedings.
    2. As per the provisions of Articles L611-1 et seq. of the French Consumer Code, consumers are also reminded that they have the right to seek free assistance from a consumer mediator for the amicable resolution of any dispute they may have with a professional, for any purchase made in-store or via distance selling.
       
       To this end, Seller guarantees the consumer effective recourse to a consumer mediation scheme under the following conditions:
       
       Any mediation process must be preceded by an attempt to settle the dispute directly with Seller by sending a written complaint to the email address onlinestore.fr@leica-camera.com or by post to the address Leica Camera France Sarl, 134 rue du Faubourg Saint-Honoré, 75008 Paris, France.
       
       As per the provisions of the French Consumer Code concerning the amicable settlement of disputes, Seller adheres to the Mediation Service of the Paris Mediation and Arbitration Center (Centre de Médiation et d’Arbitrage de Paris - CMAP).
       
       Within a period of one year following the written complaint sent to Leica Camera AG, you may, in the event of an unresolved dispute, file your complaint on the mediator’s website: www.cmap.fr/la-mediation-de-la-consommation/ or by post by writing to Centre de Médiation et d’Arbitrage de Paris, 39 avenue Franklin D. Roosevelt, 75008 Paris.
       
       Mediation is not compulsory, but is offered solely as a means of resolving disputes without recourse to the courts. If the mediation process fails, or if the consumer wishes to take the matter to court, the rules of the French Code of Civil Procedure will apply.
    3. The Buyer may also use the EU Commission's platform for out-of-court dispute resolution. The platform of the EU Commission for online dispute resolution can be accessed at: www.ec.europa.eu/consumers/odr.

13. Final Provisions, Applicable Law

    1. These Terms and Conditions are governed by the laws of France. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply. For consumers, this choice of law shall only apply to the extent that the protection granted is not nullified by mandatory provisions of the law of the state of habitual residence of the consumer.
    2. If the Buyer is a professional, a legal entity under public law or a special fund under public law, the competent courts for all disputes arising from this contract shall be those located within the jurisdiction of Leica Camera France’s registered office.
    3. Should any provisions of the contract concluded with the Buyer, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.

APPENDIX – LEGAL PROVISIONS APPLICABLE TO STATUTORY WARRANTIES Statutory warranty of conformity (applicable to customers who are consumers) Article L. 217-3 of the Consumer Code: "The seller shall deliver goods that comply with the contract and with the criteria set out in Article L. 217-5.

The seller shall be liable for any lack of conformity existing at the time of delivery of the goods, within the meaning of Article L. 216-1, and which appear within two years of delivery.


In the case of a contract for the sale of goods with digital elements:

1. Where the contract provides for a continuous supply of digital content or digital service for a period less than or equal to two years, or where the contract does not determine the duration of supply, the seller shall be liable for any lack of conformity of this digital content or digital service which appears within two years of the delivery of the goods;

2. Where the contract provides for a continuous supply of digital content or a digital service for a period of more than two years, the seller shall be liable for any lack of conformity of that digital content or digital service which appears within the period of time during which it is supplied under the contract.


For such goods, the applicable period does not deprive the consumer of their right to updates as per the provisions of Article L. 217-19.

The seller is also, for the same period of time, liable for any lack of conformity resulting from the packaging, assembly instructions or installation when it has been carried out by the seller under the contract or under its responsibility, or when the incorrect installation, carried out by the consumer as provided for in the contract, is due to shortcomings or errors in the installation instructions provided by the seller.

This warranty period applies without prejudice to Articles 2224 et seq. of the Civil Code. The starting point for the limitation period of the consumer's action is the day on which the consumer becomes aware of the lack of conformity.”

Article L. 217-4 of the Consumer Code: “The good conforms with the contract if it meets the following criteria in particular:

1. It corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract;

2. It is fit for any special purpose sought by the consumer, made known to and accepted by the seller at the latest at the time of the conclusion of the contract;

3. It is delivered with all accessories and installation instructions, to be provided in accordance with the contract;

4. It is updated in accordance with the contract.”

Article L. 217-5 of the Consumer Code: "I. -In addition to the criteria of conformity with the contract, the good is conforming if it meets the following criteria:

1. It is fit for the purpose ordinarily expected of goods of the same type, taking into account, where applicable, any provisions of European Union and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;

2. Where applicable, it has the qualities that the seller has presented to the consumer in the form of a sample or model, before the conclusion of the contract;

3. Where applicable, the digital elements it contains are provided in the most recent version available at the time the contract is concluded, unless the parties agree otherwise;

4. Where applicable, it is delivered with all the accessories, including packaging, and installation instructions that the consumer can legitimately expect;

5. Where applicable, it is supplied with the updates that the consumer may legitimately expect, as per the provisions of Article L. 217-19; 6. It presents the quantity, quality and other characteristics, including durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, given the nature of the goods, and any public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including advertising or labeling.

II. However, the seller is not bound by any of the public statements mentioned in the preceding paragraph if the seller demonstrates:

1. That the defects were unknown and could not reasonably have been known to seller;

2. That, at the time the contract was entered into, the public statements had been corrected in a manner comparable to the original statements; or

3. That the public statements could not have influenced the purchasing decision.



III. — The consumer may not contest the conformity by invoking a defect in one or more specific characteristics of the goods if the consumer was specifically informed that they deviated from the conformity criteria set out in this article, and expressly and separately consented to such deviation at the time of conclusion of the contract.“ Article L. 217-6 of the Consumer Code: "Where, in connection with the contract, personal data processing is carried out by the professional, any failure by the latter to comply with the obligations incumbent on professionals under Regulation (EU) 2016/679 of April 27, 2016 and French Data Processing Act No. 78-17 of January 6, 1978, insofar as such failure results in non-compliance with one or more of the conformity criteria set out in this section, shall be deemed a lack of conformity, without prejudice to any other remedies provided for therein.“

Article L. 217-7 of the Consumer Code: "Defects of conformity which appear within twenty-four months of delivery of the goods, including goods with digital elements, shall, in the absence of proof to the contrary, be presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the goods or of the defect asserted.

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

When the contract for the sale of goods with digital elements provides for a continuous supply of digital content or a digital service, are presumed to have existed at the time of delivery of the goods any defects of conformity that appear:

1. Within a period of two years from the delivery of the goods, when the contract provides for this supply for a period of two years or less or when the contract does not determine the duration of supply;

2. During the period during which the digital content or service is provided under the contract, when the contract provides for such provision for a period longer than two years.“

Article L. 217-8 of the Consumer Code: "In case of a lack of conformity, the consumer has the right to have the goods brought into conformity by repair or replacement or, otherwise, to a reduction of the price or to the termination of the contract, under the conditions set out in this subsection.

The consumer also has the right to suspend payment of all or part of the price or delivery of the benefit provided for in the contract until the seller’s obligations under this chapter have been fulfilled, as per the conditions of Articles 1219 and 1220 of the Civil Code.

The provisions of this chapter are without prejudice to any award of damages”.

Article L. 217-9 of the Consumer Code: "The consumer has the right to demand that the goods be brought into conformity with the criteria set out in sub-section I of this section.

The consumer can ask the seller to bring the goods into conformity, choosing between repair or replacement. To this end, the consumer shall make the product available to the seller.“

Article L. 217-10 of the Consumer Code: "The goods must be brought into conformity within a reasonable period of time, which may not exceed thirty days following the consumer's request and without any significant inconvenience to the consumer, taking into account the nature of the goods and the use intended by the consumer.

Repair or replacement of non-conforming goods includes, where applicable, removal and return of the goods and installation of the repaired or replacement goods by the seller.

A decree specifies the terms and conditions for bringing the goods into conformity”.

Article L. 217-11 of the Consumer Code: "The goods are brought into conformity at no cost to the consumer.

The consumer is not required to pay for the normal use made of the replaced goods during the period prior to their replacement.“

Article L. 217-12 of the Consumer Code: "The seller may refuse to proceed as per the consumer’s choice if the requested conformity is impossible or would entail disproportionate costs in view of, in particular:

1. The value that the good would have had in the absence of the lack of conformity;

2. The extent of the lack of conformity; and

3. The possibility of opting for the other choice without any significant inconvenience for the consumer.

The seller may refuse to bring the goods into conformity if this is impossible or would entail disproportionate costs, particularly with regard to points 1 and 2.

Where these conditions are not met, the consumer may, after formal notice, seek specific performance in kind of the initially requested remedy, in accordance with Articles 1221 et seq. of the Civil Code.

Any refusal by the seller to proceed as per the consumer's choice, or to bring the goods into conformity, shall be justified in writing or on a durable medium”.

Article L. 217-13 of the Consumer Code: “Any goods repaired under the statutory warranty of conformity benefit from a six-month extension of this warranty.

If the consumer chooses to have the goods repaired, but this is not done by the seller, bringing the goods into conformity by replacing them opens for the consumer a new period of statutory warranty of conformity for the replaced goods. This provision applies from the day the replacement goods are delivered to the consumer.“

Article L. 217-14 of the Consumer Code: "The consumer is entitled to a reduction in the price of the goods or to the termination of the contract in the following cases:

1. When the professional refuses to bring the goods into conformity;

2. When conformity is only restored after a period of more than thirty days following the consumer's request, or if it causes the consumer significant inconvenience;

3. If the consumer permanently bears the cost of taking back or removing the non-conforming goods, or the cost of installing the repaired or replacement goods or the associated costs;

4. When the non-conformity of the goods persists despite the seller’s unsuccessful attempt to bring the goods into conformity.

The consumer is also entitled to a reduction in the price of the goods or to terminate the contract where the lack of conformity is so serious as to justify an immediate reduction in the price or termination of the contract. In such cases, the consumer is not obliged to request repair or replacement of the goods beforehand.

The consumer is not entitled to terminate the sales contract if the lack of conformity is minor, which it is incumbent on the seller to demonstrate.

This paragraph is not applicable to contracts in which the consumer does not pay a price.”

Article L. 217-15 of the Consumer Code: "In the cases provided by Article L. 217-14, consumers shall inform the seller of their decision to obtain a reduction in the price of the goods.

The price reduction is proportional to the difference between the value of the goods as delivered and the value they would have had absent the lack of conformity.“

Article L. 217-16 of the Consumer Code: "In the cases provided for in Article L. 217-14, consumers shall inform the seller of their decision to terminate the contract. They return the goods to the seller at the seller's expense. The seller reimburses the consumer for the price paid and returns any other benefit received under the contract.

If the lack of conformity only concerns certain goods delivered under the sales contract, the consumer has the right to terminate the entire contract, even for goods not covered by this chapter, if it is unreasonable to expect the consumer to accept to keep only the conforming goods.

For contracts referred to in II of Article L. 217-1, providing for the sale of goods and, on an accessory basis, the supply of services not covered by this chapter, the consumer has the right to terminate the entire contract. In addition, in the case of a bundled offer within the meaning of Article L. 224-42-2, the consumer has the right to terminate all related contracts.

The respective obligations of the parties to the contract, referred to in Article L. 224-25-22 and relating to the consequences of termination for digital content and digital services, shall apply to the termination of the contract for the sale of goods with digital elements."

Article L. 217-17 of the Consumer Code: "The consumer must be refunded by the seller for the sums due under this sub-section as soon as the goods are returned or proof of their return by the consumer is provided, and at the latest within fourteen days.

The seller shall refund these sums using the same means of payment as that used by the consumer when concluding the contract, unless the consumer expressly agrees otherwise and in any event without additional charges.“

Article L. 217-18 of the Consumer Code: "Updates to goods with digital elements are governed by this sub-section.

For the purposes of this sub-section, “updates” means updates or modifications intended to maintain, adapt or upgrade the functionalities of the goods, including security updates, whether or not such updates are necessary to maintain the conformity of the goods."

Article L. 217-19 of the Consumer Code: "I.- The seller shall ensure that the consumer is informed of and receives the updates necessary to maintain the conformity of the goods:

1. For a period that may be legitimately expected by the consumer, having regard to the type and purpose of the goods and digital elements and taking into account the circumstances and the nature of the contract, in the case of a single supply of digital content or digital service;

2. For a period of two years from the time the goods with digital elements were delivered, when the sales contract provides for the continuous supply of digital content or digital service for a certain period;

3. During the period for which the digital content or digital service is supplied under the contract when it provides for this continuous supply for a period of more than two years.

II.- When the consumer fails to install, within a reasonable time, the updates referred to in sub-section I, the seller is not liable for defects of conformity resulting solely from failure to install the updates in question, provided that:

1. The seller has informed the consumer of the availability of the updates and the consequences of their non-installation by the consumer; and

2. The failure to install or incorrect installation by the consumer of the updates is not due to shortcomings in the installation instructions provided to the consumer."

Article L. 217-20 of the Consumer Code: "Regarding updates that are not necessary to maintain the conformity of the goods, the seller shall comply with the following conditions:

1. The contract authorizes the principle of such updates and provides a valid reason for them;

2. The seller informs the consumer, in a clear and understandable manner, reasonably in advance and on a durable medium, of the planned update, specifying the date on which it will occur;

3. The update is carried out at no additional cost to the consumer;

4. The seller informs the consumer that the latter has the right to refuse the update or, if applicable, to uninstall it, if the update has a negative impact on the consumer‘s access to or use of digital content or a digital service.

In the latter case, the contract may be terminated without charge to the consumer within a maximum period of thirty days, unless the update has only a minor impact on the consumer. However, the consumer may not terminate the contract if the seller has offered to keep the digital content or digital service unmodified, including by uninstalling the update, and if the latter continues to be in conformity under the conditions provided for in this section."

When the consumer exercises the right to terminate the contract, the provisions of Articles L. 217-16 and L. 217-17 apply.

This article does not apply in case of a bundled offer within the meaning of Article L. 224-42-2.“

• Statutory warranty against hidden defects

Article 1641 of the Civil Code: "The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it had the buyer known of the defects.“

Article 1642 of the Civil Code: "The seller owes no warranty for apparent defects which the buyer could have discovered on their own.”

Article 1643 of the Civil Code: "The seller is liable for hidden defects even if the seller had no knowledge of them, unless the seller disclaimed any warranty.”

Article 1644 of the Civil Code: "Under Articles 1641 and 1643, the buyer has the choice either to return the thing and obtain the return of the price or to keep the thing and obtain the return of a part of the price.”

Article 1645 of the Civil Code: "If the seller knew about the defects in the thing, the seller is bound not only to return the price received but also to compensate the buyer for all damages.”

Article 1646 of the Civil Code: "If the seller did not know of the defects in the thing, the seller is bound only to refund the buyer for the expenses occasioned by the sale.“

Article 1647 of the Civil Code: "Where the defective goods perish due to poor quality, the loss falls upon the seller who shall be bound to return the price to the buyer, together with other compensation set out in the two preceding Articles. However, if the loss was occasioned by unforeseeable circumstances it shall fall upon the buyer.“

Article 1648(1) of the Civil Code: "An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.”

Article 2232(1) of the Civil Code: "The deferral of the starting point, the suspension or the interruption of the limitation period cannot have the effect of extending the period of the extinctive prescription beyond twenty years from the date the right arose.”