Appendix 1 - Legal warranty provisions

Article L217-3 of the French Consumer Code

"The seller delivers a property that conforms to the contract and to the criteria set out in article L. 217-5.

He is liable for defects in conformity existing at the time of delivery of the goods within the meaning of Article L. 216-1, which appear within two years of delivery.

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

1° Where the contract provides for the continuous supply of digital content or a digital service for a period of two years or less, or where the contract does not specify the duration of supply, the seller is liable for any lack of conformity of the digital content or digital service that appears within two years of delivery of the goods ;

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

For such goods, the applicable deadline does not deprive the consumer of his right to updates in accordance with the provisions of article L. 217-19.

The seller shall also be liable, within the same time limits, for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was made his responsibility by the contract or was carried out under his 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 supplied by the seller.

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

Article L217-4 of the French Consumer Code

"The good conforms to the contract if it meets in particular, where applicable, the following criteria:

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

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

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

4° It is updated in accordance with the contract."

Article L217-5 of the French Consumer Code

"I.-In addition to the criteria of conformity to the contract, the good is in conformity if it meets the following criteria:

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

2° Where applicable, it possesses the qualities that the seller 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 according to the most recent version available at the time the contract is concluded, unless the parties agree otherwise ;

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

5° Where applicable, it is supplied with updates that the consumer may legitimately expect, in accordance with the provisions of article L. 217-19 ;

6° It corresponds to the quantity, quality and other characteristics, including durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, taking into account the nature of the good as well as public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labelling.

II - However, the seller is not bound by any of the public declarations mentioned in the preceding paragraph if he demonstrates :

1° That he did not know them and was not legitimately in a position to know them ;

2° That at the time the contract was concluded, the public declarations had been rectified in conditions comparable to the initial declarations; or

3° That the public statements could not have influenced the purchase decision.

III.-The consumer may not contest conformity by invoking a defect concerning one or more particular characteristics of the good, which he was specifically informed deviated from the conformity criteria set out in this article, a deviation to which he expressly and separately consented when the contract was concluded."

Article L217-7 of the French Consumer Code

"Defects of conformity which appear within twenty-four months of delivery of the goods, including goods containing digital elements, are, in the absence of proof to the contrary, presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the goods or of the defect claimed.

For used goods, this period is twelve months.

Where the contract for the sale of goods with digital components provides for the continuous supply of digital content or a digital service, any lack of conformity that appears at the time of delivery of the goods is presumed to exist:

1° For a period of two years from the delivery of the goods, when the contract provides for this supply for a period less than or equal to two years or when the contract does not specify the duration of supply ;

2° During the period in which the digital content or service is provided under the contract, where the contract provides for such provision for a period of more than two years."

Article L217-21 of the French Consumer Code

"The commercial warranty refers to any contractual commitment by a professional, whether the seller or the producer, including through the intermediary of any other person acting in their name or on their behalf (hereinafter referred to as the "guarantor"), to the consumer. The purpose of this commitment is to reimburse the purchase price, replace or repair the good, or provide any other service related to the good, or any other requirement not related to conformity and set out in the commercial warranty, in addition to the seller's legal obligations to guarantee the conformity of the good.

Any commercial guarantee binds the guarantor in accordance with the terms and conditions set forth therein, or in accordance with the terms and conditions set forth in the advertisement made prior to the conclusion of the contract if the terms and conditions of such advertisement are more favorable, unless the guarantor demonstrates that the advertisement was rectified prior to the conclusion of the contract in accordance with terms and conditions identical or comparable to the initial advertisement."

Article 1641 of the French Civil Code

"The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them

Article 1648 of the French Civil Code

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

In the case provided for in article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller can be relieved of the defects or apparent lack of conformity."