General terms and conditions of sale Seecly

• Article 1. Purpose

These general terms and conditions of sale and use are intended to define the rights and obligations of NASOLHI (hereinafter “Seecly” or the “Seller”) and those of the users of its website www.seecly.com (hereinafter “the Site”). They specify, in particular, the conditions of order, payment, delivery and management of any returns of Products ordered by Customers. They apply exclusively between Nasolhi, SAS with a capital of €10,000 registered under the unique number 877 986 430 RCS Aix-en-Provence and any natural person consumer visiting or making a purchase or sale via the said Site. SEECLY is the publisher and operator of the www.seecly.com website (hereinafter referred to as the “Website”), the purpose of which is the sale of optical products. This activity is carried out in strict compliance with the regulatory framework of the optician-monitoring profession. As such, SEECLY has a team of qualified French opticians. This team is available by e-mail at opticiens@seecly.com and via the chat module from 10am to 6pm, Monday to Friday. The legislation and regulations applicable to optics and eyewear can be consulted on the Legifrance website. The Customer may also access the website of the National Agency for the Safety of Medicines and Health Products mentioned in Article L. 5311-1 of the Public Health Code, giving access to the reporting procedure provided for in Article L. 5212-2 of the same code: by clicking here. On the Site, Seecly allows the Customer to order or to put on line new or second-hand glasses, alone or accompanied by sight or sun lenses. Customer means the Seller or the Buyer of Products via the Site. Seller shall mean the individual consumer who sells second-hand Products under the conditions set out herein. Buyer” means the individual consumer who purchases new or used Products under the conditions set out herein. Any order or sale made with Seecly therefore entails the Customer’s unreserved acceptance of these conditions. The present general conditions can be modified at any time and without notice by Seecly, the applicable conditions being those in force at the date of the order or of the online publication of the Product by the Customer. Any order or sale placed with Seecly also implies the Customer’s unreserved acceptance of the MangoPay Marketplace payment service conditions. These General Terms and Conditions of Sale may be supplemented by special terms and conditions set out on the website prior to any transaction with the Customer. These Terms and Conditions apply to the exclusion of all other terms and conditions, including those applicable to sales in shops or through other distribution and marketing channels.  

• Article 2. Products and compliance

2.1. Product offers are subject to availability of stock, as specified when the order is placed. 2.2. The Products offered for sale are presented on the Seecly website and are accompanied by a description. 2.3. The Products offered by Seecly comply with the standards applicable in France. The elements such as photographs, texts, graphics are not contractual, which the Customer acknowledges. For each Product, the Customer has a description including the essential characteristics of the Product concerned. The Customer is required to read this description before placing an order. The choice and purchase of a Product is the sole responsibility of the Customer. The photographs and graphics presented on the Seecly website are not contractual and do not engage the responsibility of the Seller. The Customer must refer to the description of each Product in order to know its properties, essential characteristics and delivery times, as well as, in the case of continuous or periodic supply of a good, the minimum duration of the proposed contract. The contractual information is presented in French and is confirmed at the latest when the Customer validates the order. 2.4. In the event of an order to a country other than metropolitan France, the Customer is the importer of the Product or Products concerned. For all Products shipped outside the European Union and French overseas departments and territories, the price will be calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable. They will be charged to and are the sole responsibility of the Customer.

• Article 3. Customer’s obligations

3.1. The Customer declares that he/she is at least 18 years of age and has the legal capacity or parental authorisation to place an order on the Site. 3.2. The Client undertakes to provide Seecly with the real information necessary to carry out the service which is the subject of these conditions as requested online and according to its situation, in particular its surname, first name, address, telephone and valid e-mail. The Client is responsible for the consequences arising from false or inaccurate information transmitted or the use of which would be illicit. 3.3. Once the order is placed, Seecly sends the Customer an e-mail confirming the order. It informs the Customer of the shipment of the Products. 3.4. The Customer can modify his data in the “my account” section. The Client also undertakes to update its data if necessary.

• Article 4. Prices, availability and delivery

4.1. Products sold by Seecly and on deposit-sale on Seecly: 4.1.1. The prices displayed on the Site are indicated in euros including all French taxes (French VAT and other taxes that may be applicable), excluding shipping costs, participation in order processing costs and packaging costs. The delivery costs, contribution to the costs of processing the order and packaging costs will be indicated in the Customer’s basket, before the final validation of the order. Prices are subject to change at any time, particularly due to promotions or sales. The cost of telecommunications transmissions induced by the conclusion and/or execution of the present contract shall be borne by the Customer. 4.1.2. Seecly reserves the right to cancel or refuse an order in the event of a dispute with the Client over a previous order. 4.1.3. Seecly can accept orders within the limit of available stocks. It informs the Customer of the availability of the Products sold on the Site at the time of the confirmation of the order. If, despite the vigilance of Seecly, the Products are unavailable, Seecly will inform the Customer by e-mail as soon as possible. Seecly cannot be held responsible for the permanent or temporary unavailability of the Products, nor can it give rise to any right to compensation or damages in favour of the Client. In case of temporary unavailability of a Product, Seecly will inform the Client of the new deadlines applied by the suppliers and/or manufacturers of the Product concerned. In the event that Seecly cannot provide the Client with an article of equivalent quality and price or if the Client does not wish to have this article of equivalent quality and price, the Client may cancel the order. In case of permanent unavailability, and if Seecly could not provide the Customer with an article of equivalent quality and price, the order will be automatically cancelled.   4.1.4. To purchase one of the Products, the Customer can click on its graphic representation. This product is added to the shopping basket which already contains, if applicable, other articles which the Customer wishes to purchase and previously placed in his shopping basket. The Customer expressly declares that he has all the necessary authorisations to use the method of payment when validating his order. The Customer also undertakes to ensure that he/she is solvent before placing an order, failing which Seecly will be able to deliver the Products ordered. In case of insolvency, Seecly reserves the right to suspend or cancel any order or delivery in case of non-payment or cancellation of payment. 4.1.5. Seecly delivers its Products in Metropolitan France including Corsica, Monaco, Guadeloupe, Martinique, Reunion Island, Mayotte, French Guyana, Saint Pierre and Miquelon, French Polynesia and internationally. Delivery times and costs vary according to the destination chosen and will be indicated to you before the order is validated. In order for the delivery times to be respected, the Customer must ensure that he/she has provided accurate and complete information concerning the delivery address (such as, in particular: street number, building number, staircase number, access codes, names and/or intercom numbers, etc.). Seecly cannot be held responsible for the consequences due to a delay in delivery if Seecly can prove that the non-performance or poor performance of the contract is attributable either to the Client, or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure. In case of damaged packages (already opened, missing products, etc…), the Customer undertakes to notify Seecly, by any means, of any reservations within 3 days of receiving the product.   4.2. Special provisions for the promotional programme Seecly undertakes to publish the Seller’s Advertisement on the Website without any time limit, subject to the respect by the Seller of the present General Conditions.

• Article 5. Payment

The validation of the order implies the acceptance of the present general terms of sale. If the customer benefits from a promotional code, he/she must first enter a code that has been allocated to him/her in the field provided for this purpose. After having validated the method of payment, the customer definitively and irrevocably validates his order with the effects indicated below. The order can only be validated and the goods dispatched after the verification of the documents sent has been received. Seecly reserves the right to proceed with the reimbursement of the said order in the event of non-receipt of the documents or in the event of receipt of documents that do not conform. 5.1. Payment by credit card with our partner MangoPay The payment is secure. Seecly will never be in possession of its Clients’ bank details. It is made with our partner MangoPay, whose general conditions are accepted simultaneously with the acceptance of these general conditions of sale. The order is paid for in a single payment. The simple fact of providing the bank card number entails authorisation to debit the Customer’s account for the amount of the order.  

• Article 6: Customs duties

Any order placed on the Site and delivered outside of France may be subject to possible taxes and customs duties that are imposed when the package reaches its destination. These possible customs duties and taxes linked to the delivery of a Product are the responsibility of the Customer. Seecly is not obliged to check and inform the Client of the applicable customs duties and taxes. To know them, Seecly advises the Customer to get information from the competent authorities of his country.  

• Article 7: Exchanges and Returns of Product(s) – right of withdrawal

7.1. Exercising the right of withdrawal In accordance with the legal provisions in force, the Customer has a period of fourteen days from the date of receipt of the Product to exercise his right of withdrawal from the Seller, without having to justify his reasons or pay any penalty, for the purpose of exchange or reimbursement, provided that the Products are returned in their original packaging and in perfect condition within 8 days following notification to the Seller of the Customer’s decision to withdraw. Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) so that they can be put back on the market in new condition, accompanied by the purchase invoice. Damaged, soiled or incomplete Products are not accepted. The Customer may exercise his right of withdrawal via the contact form, accessible (here PUT THE LINK TO THE FORM) by e-mail at serviceclient@seecly.com The Customer must then return the goods within a maximum of 14 days to the following address SEECLY – 6384 RUE OBSIDIENNE 13510 EGUILLES-FRANCE. The product must be sent in the following manner: correctly protected, in its original packaging, in a perfect state for resale (not damaged or soiled) accompanied by all possible accessories, instructions for use and documentation; accompanied by the sales invoice so as to enable SEECLY to identify the customer (order number, surname, first name, address) and to make the corresponding refund (amount of purchase refunded, excluding any shipping costs) ; without the product or service having clearly been used for a long period of time, i.e. provided that the products do not bear the mark of prolonged use beyond the time necessary for their testing. The return postage costs are at the Customer’s expense. The reimbursement will be made by SEECLY within 14 days following the date on which the right of withdrawal was exercised, by the same means of payment that the Customer used to pay for his order. This period may be extended in case of delay in receiving the returned goods. In the event of partial delivery, following the unavailability of one of the products ordered, the withdrawal period only begins to run from the delivery of the last product ordered from the notification to the Seller of the decision to withdraw.   7.2. Products not eligible for the right of withdrawal The Customer is informed that, in accordance with the provisions of Article L 121-21-8 of the Consumer Code, the right of withdrawal shall not apply to Products likely to deteriorate rapidly; Products that have been unsealed by the Customer after delivery and that cannot be returned for reasons of hygiene or health protection, such as lens care products (Care products must be returned in perfect condition (unopened, undamaged). This does not include corrective lenses that are made to measure to the Customer’s sight. The Customer therefore does not benefit from a right of retraction in accordance with Article L 121-21-8 3° of the French Consumer Code. 7.3. Product returns In the event of an error attributable to Seecly (defective item or order preparation error), Seecly will pay the cost of exchanging the item. If the item is not returned by the Customer within 7 days after receipt of the return authorisation e-mail, the exchange is considered as cancelled and the Customer must keep the product. The returned Product will be exchanged within a maximum of thirty (30) days from its receipt by Seecly. The exchange does not include return shipping costs.

• Article 8: Newsletters

Any person registered on the Site can subscribe to the Seecly newsletters. The subscriber will receive an average of one email per week and can unsubscribe at any time via the unsubscribe link present on the newsletter.

• Article 9: Reservation of ownership

The Products stored at Seecly will remain the property of Seecly until full payment of the price by the Customer. In the absence of full payment made within a maximum of 15 calendar days from delivery, the Client is obliged to return the aforementioned goods at its own expense and the contract is deemed to be terminated as of the receipt by Seecly of the returned goods in good condition. Concerning the second-hand Products, Seecly is only an intermediary and will not be the owner of the Products at any time. The transfer, to the benefit of the buyer, of the risks of loss and deterioration of a second-hand Product sold to the buyer occurs at the time of receipt of this Product by the buyer or by a third party that the buyer has delegated. The buyer will therefore be held responsible for any damage caused to the Used Product by his fault after receipt. Article 10: Guarantees and liability The Products sold on the Seecly website comply with the regulations in force in France and have performances compatible with non-professional uses. The Products supplied by the Seller benefit by right and without additional payment, independently of the right of withdrawal, in accordance with the legal provisions, the legal guarantee of conformity, for apparently defective, damaged or damaged Products or those that do not correspond to the order, the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and making them unfit for use, under the conditions and according to the methods referred to in the box below and defined in the appendix to these General Terms of Sale (Guarantee of Conformity / Guarantee of Hidden Defects). It is reminded that within the framework of the legal guarantee of conformity, the Customer benefits from a period of two years as from the delivery of the good to act against the Seller;- may choose between repairing or replacing the ordered Product, subject to the cost conditions provided for in Article L 217-9 of the Consumer Code;is exempted from proving the existence of the Product’s lack of conformity during the twenty-four months following delivery of the Product. The Customer may decide to implement the warranty against hidden defects in the Product in accordance with Article 1641 of the French Civil Code; in this case, he/she may choose either to cancel the sale or to reduce the sale price in accordance with Article 1644 of the French Civil Code. In order to assert his rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within a maximum period of “Delay” as from the delivery of the Products or the discovery of the hidden defects within the above-mentioned time limits and return or bring back to the shop the defective Products in the state in which they were received with all the elements (accessories, packaging, instructions, etc.). The Seller will reimburse, replace or repair the Products or parts under warranty that are judged to be non-compliant or defective. Shipping costs will be reimbursed on the basis of the invoiced rate and return shipping costs will be reimbursed upon presentation of receipts. Reimbursements for Products found to be non-conforming or defective will be made as soon as possible and at the latest within “Number” days of the Seller’s finding of the non-conformity or hidden defect. The refund will be made by crediting the Customer’s bank account or by bank cheque sent to the Customer. The Seller shall not be held liable in the following cases non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to check, in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure; In case of wrong choice of product or wrong information given by the Customer to the Seller. The Customer is solely responsible for his choice of products, their suitability for his needs and their use in accordance with the manufacturer’s instructions. The Seller’s guarantee is, in any case, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.  

• Article 11: Quotations, prescriptions and pupil distances

11.1. Quotation For each order, the Customer is given a free quote summarising the prices of the Products chosen by the Customer. When the Customer validates the order, he/she accepts the said quotation without reservation. Acceptance of the quotation by validating the order by clicking on “Order” has the same value as the handwritten signature of the quotation, which the Customer acknowledges and declares that he/she accepts. 11.2. Prescription The Customer who wishes to purchase glasses with corrective lenses declares that he/she is in possession of a medical prescription less than five years old, prescribed by an ophthalmologist. In the case of distance sales, the prescription must concern a wearer over 16 years of age No order can be validated before Seecly has received the prescription.11.3 Pupillary distanceIn addition to the correction, the Customer must also, if he/she is able to do so, indicate his/her pupillary distance. This pupillary distance must appear on the prescription of the Ophthalmologist since 18 September 2014. Otherwise, the Customer can communicate this distance, which corresponds to the distance between the centre of each of his pupils, by manually entering this distance, which he would have known about during a previous measurement or thanks to his prescription. If the ophthalmologist’s prescription is not written or if the customer does not indicate the pupillary distance on the prescription, we will apply a standard pupillary distance. It is therefore the Customer’s responsibility to ensure that all information has been provided to us.

• Article 12. Second-hand products between individuals

12.1 Seecly offers its private Clients the opportunity to sell their second-hand glasses and new glasses via the Site. In case of sale without addition of glasses, Seecly is only an intermediary in the transaction. These glasses will be subject to a prior assessment by Seecly, particularly in the case of the addition of lenses. Seecly reserves the right to refuse used or new Products that do not respect the criteria described in the sale page. The seller guarantees to be the owner of the Product(s) that he/she puts on sale to allow the sale by Seecly without the latter being concerned. Sale of second-hand products. The seller gives Seecly the mandate to sell the Product in his name and on his behalf, for an unlimited period of time, to collect all sums relating to it. At the time of the sale of the eyewear, the latter will pass through the Workshop where it will be authenticated and repaired by Seecly. If the eyewear proves to be a counterfeit or the condition described in the ad is not correct, Seecly may refuse the sale. Whatever the reason for refusal, the seller will be notified once by email. In case of incorrectly described condition, the seller may then request the return of the frame at his expense, or indicate that he wishes Seecly to donate it to a charity. If there is no response from the seller within one month of the email notification, the frame will be donated to charity. In case of counterfeit the frame will be immediately destroyed. If a buyer returns a second-hand Product, the Product will be considered unsold. If a buyer returns a Used Product after Seecly has paid the seller the portion of the price due to him for the sale of the said Product, Seecly reserves the right to ask the Seller to return the portion of the price paid by Seecly within eight (8) days. The Seller will only be able to send his Used Product at the end of a 14 calendar day period starting from the subscription to the premium service. Any sending of a Used Product before the end of the withdrawal period is considered as acceptance of the start of the mandate before the end of the withdrawal period.   12.2. Sale of a second-hand product When the User’s account is created, an electronic wallet is created by MangoPay for the User. The User is responsible for the information provided on Seecly, including bank details, which will allow payments to be made via their MangoPay eWallet. Seller payments will be made to the Seller’s eWallet once a month starting on the 1st of each month following the date the Product is shipped to the buyer. The Seller will then be able to transfer the funds to his bank account directly from his wallet accessible in the “my account”/”my wallet” section.In the event of a claim or complaint from the Buyer, Seecly reserves the right not to proceed with any transfer to the Seller until the said claim and/or complaint has been resolved. The Site entrusts the security of its transactions to MangoPay. The mangopay.com website can be accessed through the following URL: http://www.mangopay.com, is the property of MANGOPAY, a public limited company incorporated under the laws of Luxembourg with a capital of EUR 2,700,000, whose registered office is located at 2 Avenue Amélie, L-1125 Luxembourg, registered with the Luxembourg Trade and Companies Register under number B173459, and licensed as an Electronic Money Institution by the Luxembourg Financial Sector Supervisory Commission (CSSF). MangoPay has been developed and is maintained by Leetchi SA, a limited company under French law with a capital of 1,106,182 euros, whose registered office is located at 4 rue de la tour des dames, 75009 Paris, France, and registered under number 511361073. The Site is subject to one of the most effective security systems currently in use. It has adopted the SSL (Secure Socket Layer) encryption process in order to protect as effectively as possible all sensitive data relating to payment methods and customer information. Furthermore, by continuing to browse the Site, the Internet user accepts the use of cookies. They will allow the Internet user to be offered adapted services and offers. The sums received from the buyer, minus the commission due to Seecly, the carriage costs and any other sums due to Seecly, are paid back in full to the seller by Seecly, within 45 days.

• Article 13. Installation of glasses

13.1 In the event of the sale of used frames with the addition of lenses, Seecly reserves the right to refuse a Product, in particular a Product for which Seecly considers that the fitting of lenses would present a risk of breakage or a risk of weakening the frame, or an impossibility of adding lenses. If however, despite increased vigilance, Seecly should damage the Product by fitting lenses (removal of old lenses and fitting of new lenses), Seecly will pay a fixed and definitive compensation of 70 € including VAT by bank transfer or 90 € including VAT in the form of a purchase voucher on the Site.   Commissions Seecly charges a fixed commission of 15% on the sale of second-hand eyewear. Intellectual property Under no circumstances is the Customer authorised to download or modify all or part of the Site and in particular its content (products listed, descriptions, images, videos, etc.). This Site or any part of this Site must not be reproduced, copied, sold or exploited for commercial purposes without the express written authorisation of Seecly. In general, all copyrights, trademarks and other distinctive signs and property rights or intellectual property rights appearing on the Site, will remain the full and complete property of Seecly or its partners / suppliers. The Customer is therefore bound to respect intellectual property rights and may not use the trademarks appearing on the Site and on the Products, if any, or register any trademark that would be prejudicial to the owner of the rights, unless otherwise provided for in the contract. The same applies to any other intellectual property rights. Competitions The competitions organised by Seecly are free and without obligation to purchase. They are open to any person residing in metropolitan France or Corsica. The winners of the competitions are notified by an email that transmits their winnings in the form of a code for a discount voucher or a purchase voucher valid on the seecly.com website. The voucher is valid once on the entire site, excluding promotions and cannot be combined with other promotional offers. The validity of the vouchers is indicated above. In case of absence, the validity period is 6 months. If the amount of the voucher is less than the value of the order, the Customer must complete it with one of the other available payment methods. If the amount of the voucher is higher than the value of the order, the remaining value of the voucher will be definitively lost. Seecly will not divulge the names and email addresses of participants. By entering their email address, participants automatically agree to receive the seecly.com newsletter. Seecly reserves the right to postpone or cancel a competition and cannot be held responsible for any problem that may occur during the operation. For each game set up, there can only be one winner per household (same name, same physical address or same IP address). Participation in the game implies full acceptance of these rules. The rules may be modified at any time in the form of an amendment by the organiser, in compliance with the conditions set out. Any fraud or attempted fraud committed with a view to improperly collecting a prize may result in prosecution. Vouchers are non-refundable and cannot be exchanged for cash. Products purchased with vouchers may be exchanged or credited if they are unsuitable, in accordance with the return conditions set out in these conditions.   Protection of personal data Seecly undertakes to use the confidential information of the Clients only within the framework of the operation of its Site. For the proper processing of the order, the personal data collected will be subject to computer processing, the Customer acknowledges having knowledge of it. In this respect, information concerning the Customer may be communicated to Seecly’s technical service providers. Furthermore, within the framework of partnerships, Seecly may be required to communicate its customer file to its commercial partners. The use of the Client’s details will be made in accordance with the expression of preferences at the time of registration. The Client may oppose the possible transfer to a third party of the personal data concerning him, it being specified that this opposition may result in the impossibility of processing his order. Furthermore, Seecly may apply technical means to obtain non-personal information relating to Internet users and intended to improve the functionalities of the Site, for example by tracing the number of visitors to certain pages. Your personal data is processed by seecly.com as the Data Controller. This information and that of your orders are processed mainly to create and manage your account, manage your orders and their follow-up, personalise your services, fraud prevention and for statistical analysis as well as for marketing and targeted advertising purposes (customer knowledge, sending electronic communications and advertising profiling by combining data). These processing operations may have different legal bases depending on the purposes concerned. You may withdraw your consent at any time. You can manage your personal data and express your choices at any time by sending a message via the contact form or by unsubscribing from an email received by Seecly. You can exercise your rights (access, rectification, deletion, opposition, limitation and portability if applicable) and define the fate of your personal data “post mortem” or contact seecly.com by email: hello@seecly.com or by post: Seecly – 6384 rue Obsidienne, 13510 Eguilles. You also have the right to lodge a complaint with the Commission Nationale de l’Informatique et des Libertés (CNIL), notably on its website www.cnil.fr. Most of the data concerning you will be kept for a period of 5 years from the date of your last activity (e.g.: purchase or expiry of your contracts) and then archived with restricted access for a further period of 5 years for reasons strictly limited and authorised by law (payment, guarantee, disputes, etc.). You are informed that your data may be transmitted for the purposes mentioned above to companies located outside the European Union, in particular for customer service activities, IT services, data processing in connection with social networks. Any procedure required to secure the data will be implemented before proceeding with such transfers. Foreseeability In the event of a change in circumstances unforeseeable at the time of the conclusion of the contract, in accordance with the provisions of Article 1195 of the Civil Code, the Party that has not agreed to assume the risk of excessively onerous performance may request renegotiation of the contract from its co-contractor. Force majeure The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, is due to a case of force majeure, within the meaning of Article 1218 of the Civil Code.

• Article : General provisions :

20.1. Partial invalidity of a clause. If any of the stipulations of these conditions is declared null and void or unenforceable by a competent court, it will be declared unwritten and will not entail the nullity of the other stipulations. 20.2. Update These general terms and conditions of sale may be modified at any time and without prior notice by Seecly, the applicable conditions being those in force at the date of the order by the Client. The present general terms and conditions of sale are permanently accessible at the following address: https://www.seecly.com/conditions_generales_de_vente.html in a computer format that allows them to be printed and/or downloaded, so that the Client can reproduce or save them. 20.3. Applicable law – Competent court The present general conditions are subject to French law with regard to the rules of substance as well as the rules of form. Any dispute shall be subject to a prior attempt at amicable settlement before being referred to the competent court. 20.4. Reproduction of applicable texts (Order 2005-136 of 17 February 2005, Consumer Code, Civil Code) Art. L. 211-4. of the Consumer Code The seller is obliged to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility. Article L. 211-5. of the Consumer Code – To be in conformity with the contract, the goods must:1° Be fit for the purpose usually expected of similar goods and, where applicable : – correspond to the description given by the seller and have the qualities that the seller has presented to the Customer in the form of a sample or model;- have the qualities that a Customer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling;2° Or have the characteristics defined by mutual agreement between the parties or be fit for any special purpose sought by the Customer, brought to the seller’s attention and accepted by the latter Article L. 211-12 of the Consumer Code The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. Article 1641 of the Civil Code The seller is bound by the warranty for hidden defects in the item sold which render it unfit for its intended use, or which reduce this use to such an extent that the Customer would not have acquired it, or would have paid a lower price for it, if he had known about them. Art. 1648 paragraph 1 of the Civil Code The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.