GENERAL TERMS AND CONDITIONS OF SALE
Version updated on 20th April 2022
ARTICLE 1 - DEFINITIONSIn these General Terms of Sale, the terms hereinafter will have the definition attached to them, unless the context requires otherwise. The singular/plural form of each of the terms shall include the plural/singular forms where the context so requires or so permits.
1.1. PurchaserRefers to any individual, acting for purposes that are not part of their commercial, industrial, artisan, self-employed or agricultural activity, who orders one or more Products and/or E-Gift Cards via the Website. This person must be at least 18 years old and have full legal capacity, or if this person is a minor, they must have parental authorisation in order to place an Order.
1.2. Roland-Garros StoresRefers to the stores within the Roland-Garros Stadium (located at 2 avenue Gordon Bennet 7016 Paris).
1.3. Gift Card(s)
Refers to the physical card on which credit is registered that is valid on the Website and in Roland-Garros stores.
1.4. GTSRefers to these general terms of sale.
1.5. OrderRefers to the Purchaser’s purchase order regarding one or more Product(s) and/or E-Gift Card(s) and communicated via the Website.
1.6. E-Gift Card(s) Virtual card on which credit is registered that is valid on the Website and in Roland-Garros stores.
1.7. FFTRefers to the Fédération Française de Tennis (French Tennis Federation), an association governed by the law of 1st July 1901, recognised as a public interest association by a Decree dated 13th July 1923, whose registered office is located at Stade Roland-Garros- 2 avenue Gordon Bennett-75016 Paris, and whose VAT number is FR63 775 671 381.
1.8. ProductRefers to an item offered for sale on the Website as defined hereinafter.
1.9. WebsiteRefers to the FFT’s commercial website on which it sells Products and E-Gift Cards, which can be accessed at the following addresses:
French versions: https://boutique.rolandgarros.com and https://cartecadeau.rolandgarros.com/
English versions: https://store.rolandgarros.com and https://store.rolandgarros.com/gift-card.html
ARTICLE 2 - APPLICATION AND ENFORCEABILITY OF THE GENERAL TERMS OF SALE
2.1. These GTS automatically apply to the sale of Product(s) and/or E-Gift Cards by the FTT to any Purchaser as part of their Order.
2.2. No particular conditions shall take precedence over the GTS. Any contrary condition, notably a condition of purchase, is not enforceable on the FFT.
2.3. Any Order of Product(s) and/or E-Gift Cards implies the awareness and the full acceptance of the GTS by the Purchaser, without reserve. To confirm this acceptance, the Purchaser must tick the box provided for this purpose before definitively validating their Order on the Website. Failing this, their Order will not be taken into account.
2.4. The GTS may be amended, the applicable conditions are those in force on the Website on the date that the Order is placed.
ARTICLE 3 - THE PRODUCTS
3.1. Characteristics / Availability of Products
3.1.1. The FFT implements all the means at its disposal to ensure that an accurate description of the Products is provided on the Website.
However, the Purchaser acknowledges and accepts that there may be minimal differences between the characteristics of the Products provided on the Website (photographs, Product descriptions, compositions, colours, etc.) and those of the Products actually delivered.
3.1.2. All the Products sold by the FFT on the Website comply with the French legislation in force and the applicable standards in France.
3.1.3. The FFT reserves the right to amend and/or withdraw any information provided on the Website regarding any Product(s).
3.1.4. The FFT reserves the right to withdraw any Product(s) from sale on the Website.
3.1.5. The Products are offered within the limit of the availabilities displayed on the Website. In the event that a Product is unavailable after the definitive validation of the Order by the Purchaser, the FFT shall inform the Purchaser by email of the automatic cancellation of the Order of the unavailable Product. If the Purchaser’s Order is debited before the unavailability of the Product is discovered, the Purchaser shall be reimbursed the price of the Product to the debited bank account within 8 (eight) working days.
3.2. Price of Products
3.2.1. On the presentation pages of the Website, the prices of Products are indicated excluding delivery fees.
3.2.2. The amount of delivery fees is indicated to the Purchaser upon the definitive validation of their Order on the Website. As part of promotional operations, the FFT may reduce or waive delivery fees.
3.2.3. The FFT reserves the right to amend the prices of the Products presented on the Website at any time.
3.2.4. The price invoiced by the FFT to the Purchaser is the price indicated upon the validation of the shopping cart and in the Order confirmation email sent to the Purchaser.
3.2.5. For an Order delivered in the Member States of the European Union and in Albania, Andorra, the Channel Islands, Belarus, Bosnia and Herzegovina, Crete, the Faroe Islands, Gibraltar, Guernsey, Iceland, Jersey, Kosovo, Liechtenstein, Macedonia, the Isle of Man, Moldova, Montenegro, Norway, Russia, San Marino, Serbia, Switzerland, Ukraine, and the Vatican:
3.2.5.1. The price of the Products is indicated in euros (€) incl. tax, excluding delivery fees.
3.2.5.2. The price of the Products includes French VAT at the rate applicable on the Order date. Any change of the applicable rate may impact the price of Products after the date on which the new applicable rate enters into force.
3.2.6. For an Order delivered in the United Kingdom:
3.2.6.1. The price of the Products is indicated in pounds sterling (£) incl. tax, excluding delivery fees.
3.2.6.2. The price of the Products includes French VAT at the rate applicable on the Order date. Any change of the applicable rate may impact the price of Products after the date on which the new applicable rate enters into force.
3.2.7. For an Order delivered in the rest of the world:
3.2.7.1. The price of the Products is indicated in dollars ($) incl. tax, excluding delivery fees.
3.2.7.2. The Purchaser acknowledges and accepts that it is their responsibility to pay any customs duties and any legally enforceable taxes in their country of delivery.
3.3. Special discounts and exclusion of certain Products
3.3.1. Discounts on the prices of Products may be granted to certain Purchasers.
3.3.2. The discounts granted to FFT licensees do not include Gift Cards, E-Gift Cards and the following Products:
• “Poster” Products,
• BigBen Products,
• Delsey Products,
• Hesperide Products,
• Yeep.Me Products,
• Lavazza Products,
• Ladurée Products,
• Sisley Products,
• The following Products: shopping bags, weekend bags, leather tote bags, Roland-Garros photos, bracelets, stamps, and envelopes.
3.3.3. The discounts granted to league or club presidents, employees or members of the Executive Committee, the CST or the MCF do not include Gift Cards, E-Gift Cards and the following Products:
• “Poster” Products,
• BigBen Products,
• Delsey Products,
• Hesperide Products,
• Yeep.Me Products,
• Lavazza Products,
• Ladurée Products,
• Sisley Products,
• Wilson Products,
• The following Products: shopping bags, weekend bags, leather tote bags, Roland-Garros photos, bracelets, stamps, and envelopes.
3.4. Transfer of ownership
The Products shall remain the FFT’s property until the full payment of the Order price by the Purchaser, which the Purchaser acknowledges and accepts.
ARTICLE 4 - GIFT CARDS & E-GIFT CARDS
4.1. The essential characteristics of the Gift Cards & E-Gift Cards are described on the Website.
4.2. The Gift Cards & E-Gift Card(s) enable the purchase of all the items and services available in the Roland-Garros Stores and the Products available on the Website [excluding the purchase of Gift Card(s) and E-Gift Card(s)], including the goods, services and Products that are the subject of Promotions and/or sales.
4.3. The Purchaser can credit the E-Gift Card with an amount of their choice, between twenty euros (€20) and one hundred and fifty euros (€150).
4.4. The Gift Cards & E-Gift Card(s) are only available to purchase in Euros (€) and only enable the payment of Products on the Website and goods and services within Roland-Garros Stores in Euros.
4.5. No special discounts shall be granted for the purchase of an E-Gift Card.
4.6. The Gift Cards & E-Gift Card(s) can be used several times until their balance is used up. For a purchase costing more than the balance of the E-Gift Card, all other usual payment methods are accepted as a supplement [excluding Gift Card(s) and E-Gift Card(s)].
4.7. The Gift Cards & E-Gift Card(s) can be used for one (1) year as from their activation date. The activation of E-Gift Card(s) is triggered when the Purchaser orders them. The activation of the Gift Card is triggered when the purchaser buys them.
4.8. The Gift Cards & E-Gift Card(s) cannot give rise to any exchange, nor any (total or partial) reimbursement, even in the event of their loss or theft.
ARTICLE 5 - ORDER
5.1. Creation of a client account / login to the client account
5.1.1 Prior to their first Order on the Website, the Purchaser may create a client account, via the “Register” section of the Website. The Purchaser must fully fill out the form provided with the requested data and must provide a valid email address.
5.1.2. The Purchaser undertakes to provide the FFT with complete and exact information.
5.1.3. The Purchaser is required to update their personal information.
5.1.4. Thereafter, after their first purchase on the Website, and in order to place another Order on the Website, the Purchaser must log in to their client account, via the “Login” section on the Website.
5.1.5. The FFT may deactivate a Purchaser’s client account at any time, at their discretion, notably (but not exclusively) in the event of the suspicion of the theft of a third-party’s identity, non-compliance with the GTS, or a payment default of a previous Order.
In addition, a Purchaser may request that the FFT deactivate their client account.
5.1.6. It is the responsibility of the Purchaser to ensure the security of the username and password chosen for the creation of their client account. Any login to this account using the Purchaser’s username and password is presumed to have been performed by the Purchaser.
5.2. Placing of the Order
5.2.1. All the steps required to place the Order are specified on the Website.
5.2.2. The Purchaser must follow the steps and click on “Pay now” to definitively finalise their Order.
5.2.3. In order to place an Order, the Purchaser must provide a valid delivery address and telephone number. The FFT cannot be held liable for the impossibility of delivering the Product(s) and/or the E-Gift Card(s) in the event that the Purchaser has incorrectly provided their delivery address or any other information.
5.3. Confirmation of the Order
5.3.1. The FFT will send the Purchaser an email confirming that their Order has been placed, subject to the Purchaser having provided a valid email address in their client account.
5.3.2. In the event that the confirmation email is not received, the Purchaser is invited to contact the FFT in accordance with the terms set forth in article 12 of the GTS.
5.4. Tracking of the Order
5.4.1. The Purchaser can consult the status of their Order on their client account on the Website.
5.4.2. The tracking number of their package is indicated in the Purchaser’s client account on the Website.
5.4.3. The FFT will also send the Purchaser an email confirming the despatch of their Order with the tracking number of their package.
5.5. Proof of Orders
It is expressly agreed that emails between the Parties, as well as the automatic registration systems used on the Website, shall provide valid proof of orders, notably regarding the nature and the date of the Order.
ARTICLE 6 - PAYMENT
6.1. The Order is payable in cash, in full, on the day that the Purchaser places their Order.
6.2. Payment methods
6.2.1. Payment is made online either by bank card (Visa, Mastercard, American Express, Maestro, Bancontact Mistercash), via PayPal, Sofortüberweisung or Ideal, or by Gift Card(s) or E-Gift Card(s), to the exclusion of any other payment methods.
6.2.2. As an exception to article 6.2.1., Gift Card(s) or E-Gift Card(s) cannot be used to purchase E-Gift Card(s).
6.2.3. The FFT reserves the right to amend the authorised payment methods referred to in article 6.2.1.
6.2.4. The Order is debited from the Purchaser’s account on the day that the Order is placed.
6.2.5. The FFT shall not be bound to proceed with the delivery of the Products and/or E-Gift Card(s) ordered by the Purchaser, if the Purchaser has not paid it the full price within the conditions indicated hereinabove. The payments made by the Purchaser shall only be considered to be definitive after the definitive reception of the sums due by the FFT.
6.3. Security and confidentiality of data transmitted online
6.3.1. The FFT implements all means at its disposal, within the extent of technical know-how, to ensure the security and the confidentiality of the data transmitted online. In this aim, the Website uses an SSL (Secure Socket Layer) secure payment mode.
6.3.2. In any event, this involves an obligation of means.
6.3.3. The online payment service operator is the company BNP Paribas, SA, registered in the Paris TCR under the number 662 042 449, whose registered office is located at 16 boulevard des Italiens - 75009 Paris.
6.4. Invoice
6.4.1. For an Order of Product(s), the Purchaser will have access to their invoice in their client account on the Website after their Order has been despatched. This invoice shall be considered as accepted by them after a period of 10 (ten) days as from the date that it is placed online.
6.4.2. For an Order of E-Gift Card(s), the invoice is sent to the Purchaser by email.
ARTICLE 7 - DELIVERY
7.1. Delivery of Products
7.1.1. The Products shall be delivered to the delivery address indicated by the Purchaser when placing their Order.
7.1.2. The Order may be delivered in France, and in all the countries mentioned on the Website.
7.1.3. Different delivery methods are proposed to Purchasers. They are detailed in the table featured in article 8.4.
7.1.4. The choice of a delivery method by the Purchaser shall entail their full acceptance of the general terms of sale of the chosen carrier.
7.2. Delivery of E-Gift Card(s)
The E-Gift Cards are delivered to the email address indicated by the Purchaser during their Order. To ensure the delivery of E-Gift Card(s), the Purchaser must ensure the accuracy of the email address provided.
7.3. No Order of Product(s) and/or E-Gift Card(s) can be honoured if the conditions indicated hereinabove are not complied with by the Purchaser.
ARTICLE 8 - PRODUCT DELIVERY PERIODS AND FEES
8.1. When Ordering Products, the Purchaser will have the choice between several delivery methods.
8.2. The delivery periods indicated in the table below in 8.4. are calculated as from the validation of the Order by the FFT, excluding weekends and bank holidays, for an Order placed before midday.
The Orders registered on the Website on Friday afternoons, Saturdays or Sundays are processed the following Monday. The Orders registered on the Website on a bank holiday other than Fridays, Saturdays and Sundays are also processed on the following working day.
8.3. The FFT shall make its best efforts to comply with the periods indicated below in 8.4. In any event, the Products will be delivered within a maximum period of thirty (30) calendar days as from the registration of the Order, subject to the full payment of the price. Failing this, the Purchaser may request the cancellation of the sale, under the conditions provided for by the Consumer Code:
Article L. 216-1 of the Consumer Code:
“The professional delivers the goods or provides the service on the date or within the period indicated to the consumer, in accordance with paragraph 3 of article L. 111-1, unless the Parties agree otherwise.
For the application of this section, the delivery of items refers to the transfer of the physical possession or the control of the items to the consumer. In the event that the goods contain digital elements, the delivery also includes the supply of these elements within the meaning of article L. 224-25-4.
In the absence of an indication or an agreement regarding the delivery or the supply date, the professional shall deliver the item or provide the service without unjustified delay, and within thirty days after the conclusion of the contract at the latest.
This chapter also applies to the provision of digital content on a physical medium used exclusively for its transport.”
Article L. 216-6 of the Consumer Code:
“I. - In the event of a failure by the professional to comply with its obligation to deliver the item or provide the service under the conditions provided for in article L. 216-1, the consumer may:
1° Notify the professional of the suspension of the payment of all or part of the price until the professional fulfils its obligations, under the conditions of article 1219 and 1220 of the Civil Code,
2° Terminate the contract if, after having provided the professional with formal notice to carry out the delivery or provide the service within a reasonable additional period, the latter has not fulfilled their obligations within this period.
The contract is considered to have been terminated upon the reception of the letter or written notice by the professional informing it of this decision unless the professional has fulfilled its obligations in the meantime.
II. - The consumer may however immediately terminate the contract:
1° When the professional refuses to deliver the item or provide the service or when it makes it known that it will not deliver the item or will not provide the service,
2° When the professional does not fulfil its obligation to deliver the item or provide the service on the date or before the expiry of the period provided for in article L. 216-1 and this date or this period constitutes an essential condition of the contract for the consumer. This essential condition results from the circumstances surrounding the conclusion of the contract or an express request by the consumer before the conclusion of the contract.
The provisions of this article are without prejudice to the allocation of damages.”
Article L. 216-7 of the Consumer Code:
“When the contract is terminated under the conditions provided for in article L. 216-6, the professional shall reimburse the consumer for all of the sums paid, within fourteen days following the date on which the contract was terminated, at the latest.”
8.4. Table of delivery periods and costs depending on the chosen delivery method:
The periods mentioned are indicated in working days, with bank holidays, and non-working days within the delivery zone and in France, the shipping zone, being taken into consideration.
8.5. Cumbersome products, such as Hesperide furnitures and Yeep Me sccooters, generate higher transportation fees (24€ to 84€ TTC) and are only delivered in France.
8.6. Order of multiple Products
In the event of the temporary unavailability of one or more Products that are part of an Order of multiple Products, the available Products will be sent to the Purchaser.
The unavailable Products will be reimbursed to the Purchaser in their entirety via the payment method used to pay for the Order.
The unavailable Products will not be re-despatched; it shall be up to the Purchaser to log in to the Website to verify their availability and place another Order.
8.7. Transfer of risks
Any risk of loss or damage to the Products is transferred to the Purchaser when the latter, or a third party appointed by them, and other than the carrier proposed by the professional, takes physical possession of said Products.
When the Purchaser entrusts the delivery of the Product to a carrier other than those proposed by the FFT, the risk of loss or damage to the Product is transferred to the Purchaser when the Product is handed over to the carrier.
It is up to the Purchaser or, if different, the recipient of the package, upon the reception of the Product, to immediately check the compliance and the integrity of the despatched Products. Generally speaking, the reserves or observations made on the delivery slip must be comprehensive and precise. They must notably precisely define the damage and include the Order Number.
ARTICLE 9 - RIGHT OF WITHDRAWAL
9.1. In accordance with article L. 221-18 of the Consumer Code, the Purchaser benefits from a period of thirty (30) days as from the reception of the Product, and/or the E-Gift Card(s) ordered to exercise their right of withdrawal, without justification or having to pay any penalties.
9.2. To exercise their right of withdrawal, the Purchaser will find the model withdrawal form in Appendix 2 to be filled out and sent to the FFT client service at the following address:
Fédération Française de Tennis
Griffe – Service Client
Stade Roland-Garros
2 avenue Gordon Bennett
75016 Paris
FRANCE
The Purchaser may also inform the FFT of their desire to exercise their right of withdrawal by any other means of their choice, by clearly expressing their desire to withdraw and mentioning the Order concerned by the withdrawal.
9.3. Once the withdrawal form or declaration has been sent to the FFT, the Purchaser must return the Product within thirty (30) days following the communication of their decision to withdraw to the FFT at the latest. The Purchaser must print out the completed withdrawal form and insert it in the package to be returned to the following address:
L4 Logistics
Boutique Officielle Roland-Garros
ZI de l’Orme Pomponne
44 avenue Paule Langevin
91130 Ris Orangis
FRANCE
9.4. The Product must be returned in its entirety, in a perfect condition, in its original packaging, with all its accessories and documents and as originally packed.
9.5. The FFT recommends that the Purchaser retain proof of the despatch of the package, as the package shall remain the Purchaser’s responsibility until it is received by the company L4 Logistics.
9.6. The Purchaser shall be reimbursed for all the amounts paid for the purchase of the Product, excluding delivery fees.
9.7. The E-Gift Card(s) shall be deactivated, and the Purchaser will be reimbursed for the amount of the E-Gift Card(s), on the condition that its balance remains intact.
9.8. This reimbursement will take place within fourteen (14) days following the date on which the FFT was informed on the Purchaser’s decision to withdraw at the latest.
The FFT may defer the reimbursement until the recuperation of the Product or until the Purchaser has provided proof of the despatch of the Product, with the chosen date being the first of these two events.
9.9. The FFT performs this reimbursement via the same payment method used by the Purchaser for the initial transaction, except in the event of the Purchaser’s express agreement to the FFT using a different payment method.
9.10. The return fees incurred during a withdrawal are at the Purchaser’s charge.
9.11. The right of withdrawal cannot be exercised for the contracts listed in article L. 221-28 of the Consumer Code, and notably for contracts:
“(…)
3° For the provision of items produced according to the consumer’s specifications or that have been considerably personalised,
4° For the provision of items that may rapidly deteriorate or expire,
5° For the provision of items that have been unsealed by the consumer after delivery and that cannot be returned for hygiene or health protection reasons, (...)
9° For the provision of audio or video recordings or IT software when they have been unsealed by the consumer after delivery, (…)”
ARTICLE 10 - PRODUCT COMPLIANCE/GUARANTEES
10.1. The Products are guaranteed against any compliance defects and hidden defects under the conditions provided for in articles 217-3 and the following of the Consumer Code, and to articles 1641 and the following of the Civil Code, appended to these GTS.
In the event that the delivered Product is defective or non-compliant, the Purchaser must inform the FFT thereof and return the Product in question to the address featured in article 9.3, by providing their contact details and the Order reference in the return package.
The Purchaser will be reimbursed for the delivery fees (excluding any additional fees incurred if the Purchaser chooses a delivery method other than the cheapest standard delivery method proposed by the FFT).
10.2. Certain Products may benefit from a commercial guarantee, independently from the legal guarantee referred to in article 10.1. As the case may be, the scope and the term of this guarantee are specified on the Website.
ARTICLE 11 - LIABILITY/FORCE MAJEURE
11.1. Given the characteristics and limits of the Internet network, the FFT refuses any liability in relation to the consequences of the connection to this network via the Website.
The FFT cannot therefore be held liable for any damage caused to your IT equipment and to the data stored therein, nor for any consequences that may have an impact on your personal, professional, or commercial activity.
Similarly, the FFT cannot be held liable for the display of an incorrect price if this is caused by an IT bug or an intrusion in their IT systems. In such a case, and notably if the Website displays an identical price for each Product or obviously incorrect prices, the FFT reserves the right to cancel any Order.
Moreover, the FFT’s liability cannot be incurred in the event of the unavailability of the Website, at any time, regardless of the cause or duration of said unavailability. Access to the Website may be temporarily or definitively suspended without notice.
11.2. The FFT’s liability cannot be incurred for damage resulting from a fault of the Purchaser when using the Products.
The FFT’s liability cannot be incurred if the non-performance or the improper performance of its obligations is due to a fortuitous event or an event of force majeure, as defined by French case law. The following are notably but not exclusively considered as such: war, a terrorist attack or threat, an explosion, a storm and strikes of any nature.
ARTICLE 12 - INFORMATION/COMPLAINTS
For any information, complaints or questions, the Purchaser must contact the FFT client service by filling out the online form on the Website in the “Contact us” section or by telephone at +33 (0)147 435 111 from Monday to Friday from 9.30am to 5.30pm or by email boutique.rg@fft.fr (French) or store.rg@fft.fr (English).
ARTICLE 13 - INTELLECTUAL PROPERTY
All the elements of the Website (notably, but not exclusively, animated or still images, photographs, illustrations, texts, sounds, videos, databases, technical elements of the Website, verbal, figurative or semi-figurative trademarks, names, abbreviations, logos, designs, models) are protected by the provisions of the Intellectual Property Code and belong to the FFT or, as the case may be, the FFT’s partners/licensees.
Consequently, any direct or indirect, total, or partial reproduction of any element of the Website, for any reason whatsoever, on any medium whatsoever, without the FFT’s prior written agreement is forbidden.
Any creation of a hyperlink to any page(s) of the Website is subject to the FFT’s prior written agreement.
ARTICLE 14 - VALIDITY OF THE GTS
If any one of the provisions of the GTS is declared to be fully or partially invalid, the other provisions and the other rights and obligations created by these GTS shall remain unchanged and applicable.
ARTICLE 15 - NON-WAIVER
In the event that the FFT does not enforce the performance of one of any of the provisions of these GTS, this cannot be interpreted as a waiver of the right to invoke said total or partial non-performance at a later date.
ARTICLE 16 - ACCESSIBILITY OF THE GTS
The up-to-date version of the FFT’s GTS is permanently accessible online by the Purchaser. They can simply click on this link: https://store.rolandgarros.com/general-terms-and-conditions.html.
ARTICLE 17 – APPLICABLE LAW/ ASSIGNMENT OF JURISDICTION/ MEDIATION
The GTS are subject to French law. Any dispute pertaining to their enforceability, their validity, their interpretation and/or their performance, and more generally, any dispute pertaining to the sale of Products shall be submitted to the competent courts.
In accordance with the provisions of the Consumer Code regarding the amicable settlement of disputes, the FFT adheres to the FEVAD (E-commerce and remote sales Federation) e-commerce Mediation Service, the contact details of which are as follows: 60 rue de la Boétie – 75008 Paris – http://www.mediateurfevad.fr. After the prior written procedure performed by consumers with regard to the FFT, any consumer disputes that have not been settled can be referred to the Mediation Service.
To find out how to refer a dispute to the Mediator: http://www.mediateurfevad.fr/index.php/espace-consommateur/
On a European level, the European Commission has set up an online dispute resolution platform. This platform can be accessed at the following link: https://webgate.ec.europa.eu/odr/
APPENDIX 1
Article L217-3 of the Consumer Code:
“The vendor shall deliver an item that complies with the contract as well as the criteria set forth in article L.217-5.
It shall be liable for compliance defects existing when the item was delivered within the meaning of article L. 216-1, that appear within a period of two years as from this date.
In the event of a contract for the sale of goods containing digital elements:
1° When the contract provides for the continuous supply of digital content or a digital service for a period of less than or equal to two years, or when the contract does not determine the duration of the supply, the vendor is liable for compliance defects of this digital content or this digital service that appear within a period of two years as from the delivery of the item.
2° When the contract provides for the continuous supply of digital content or a digital service for a period of more than two years, the vendor is liable for compliance defects of this digital content or this digital service that appear within the period during which this is supplied pursuant to the contract.
For such goods, the applicable period does not deprive the consumer of their right to updates in accordance with the provisions of article L. 217-19.
The vendor shall also be liable, during the same periods, for compliance defects resulting from the packaging, the assembly instructions, or the installation when this is provided for by the contract or performed under their responsibility, or even when an incorrect installation performed by the consumer as provided for in the contract, is due to omissions or errors in the installation instructions provided by the vendor.
This guarantee period applies without prejudice to articles 2224 and the following of the Civil Code. The starting point of the statute of limitations of the consumer’s legal proceedings is the day on which they became aware of the compliance defect.”
Article L217-4 of the Consumer Code:
“The item complies with the contract if it notably fulfils the following criteria:
1° It corresponds with the description, type, quantity, and quality, notably with regard to the functionality, the compatibility, the interoperability, or any other characteristic provided for in the contract,
2° It is fit for any particular use required by the consumer, of which the vendor was informed when concluding the contract at the latest, and that the latter accepted,
3° It is delivered with all the accessories and installation instructions, which must be provided in accordance with the contract,
4° It is updated in accordance with the contract.”
Article L217-5 of the Consumer Code:
« I.- In addition to the contract compliance criteria, the item is compliant if it fulfils the following criteria:
1° It is fit for the use that is usually expected of an item of the same type, taking into account, where necessary, any provision of EU 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 in question,
2° As the case may be, it possesses the qualities that the vendor presented to the consumer in the form of a sample or a model, before the conclusion of the contract,
3° As the case may be, the digital elements that it contains are supplied according to the most recent version available when the contract is concluded, unless the parties agree otherwise,
4° As the case may be, it is delivered with all the accessories, including packaging, and installation instructions that the consumer may legitimately expect,
5° As the case may be, it is provided with all the updates that the consumer may legitimately expect, in accordance with the provisions of article L. 217-19,
6° It corresponds with the quantity, the quality and with other characteristics, including in terms of durability, functionality, compatibility and security, that the consumer may legitimately expect for items of the same type, given the nature of the item as well as the public declarations made by the vendor, by any person higher up in the transaction chain or by a person acting on their behalf, including in adverts or on labels.
II.- However, the vendor is not bound by all the public declarations mentioned in the preceding paragraph if they can show:
1° That they were not aware thereof and were not legitimately in a position to be aware thereof.
2° That the public declarations were rectified in conditions comparable to the initial declarations when the contract was concluded, or
3° That the public declarations could not have had an impact on the decision to purchase.
III. - The consumer cannot contest the compliance of an item by invoking a defect concerning one or more particular characteristics of the item for which they were specifically informed did not adhere with the compliance criteria set forth in this article, and to which they expressly and specifically consented to when concluding the contract.
Article L217-6 of the Consumer Code:
“When, upon the conclusion of the contract, the processing of personal data is performed by a professional, a failure on their part to fulfil the obligations incumbent on them pursuant to the regulation (EU) 2016/679 of 27th April 2016 and law no. 78-17 of 6th January 1978 pertaining to information technology, data files and civil liberties, if this failure entails the non-respect of one or more of the compliance criteria set forth in this section, shall be considered to be a compliance defect, without prejudice to the other remedies provided for by these texts.”
Article L217-7 of the Consumer Code:
“Compliance defects that appear within a period of twenty-four months as from the delivery of the item, including an item that contains digital elements, are, in the absence of evidence to the contrary, presumed to have existed at the time of the delivery, unless this presumption is incompatible with the nature of the item, or the defect being invoked.
For second-hand items, this period is set at twelve months.
When the contract for the sale of an item including digital elements provides for the continuous supply of digital content or a digital service, compliance defects that appear under the following circumstances are presumed to have existed when the item was delivered:
1° During a period of two years as from the delivery of the item, when the contract provides for this supply for a period less than or equal to two years or when the contract does not determine the duration of the supply,
2° In the period during which the digital content or the digital service is supplied pursuant to the contract, when this provides for this supply for a duration of more than two years.”
Article L217-8 of the Consumer Code:
“In the event of a compliance defect, the consumer has the right for the item to be brought into compliance through repairs or replacement or, failing this, a reduction in the price or the termination of the contract, under the conditions set forth in this sub-section.
Moreover, the consumer has the right to suspend the payment of all or part of the price or postpone any other benefit provided for by the contract until the vendor has fulfilled the obligations incumbent on them under this chapter, under the conditions of articles 1219 and 1220 of the Civil Code.
The provisions of this chapter are without prejudice to the allocation of damages.”
Article L217-9 of the Consumer Code:
“The consumer has the right to request the bringing into compliance of the item with the criteria set forth in sub-section 1 of this section.
The consumer requests the bringing into compliance of the item by the vendor by choosing between its repair or replacement. For this purpose, the consumer shall make the item available to the vendor.”
Article L217-10 of the Consumer Code:
“The bringing into compliance of the item shall take place within a reasonable period that cannot exceed thirty days following the consumer’s request and without any major convenience for the consumer, given the nature of the item and the use required by the consumer.
The repair or the replacement of the non-compliant item includes, where necessary, the collection and the recovery of this item and the installation of the repaired item or the replacement item by the vendor.
A decree specifies the terms of bringing an item into compliance.”
Article L217-11 of the Consumer Code:
“The bringing into compliance of the item shall take place at no cost to the consumer.
The consumer is not bound to pay for their normal use of the replaced item during the period prior to its replacement.”
Article L217-12 of the Consumer Code:
“The vendor may not proceed according to the consumer’s wishes if bringing the item into compliance as requested is impossible or would entail disproportionate costs notably with regard to:
1° The value that the item would have in the absence of the compliance defect,
2° The size of the compliance defect, and
3° The eventual possibility of opting for the other choice without any major inconvenience for the consumer.
The vendor may refuse to bring the item into compliance if this is impossible or would entail disproportionate costs notably with regard to 1° and 2°.
When these conditions are not respected, the consumer may, after formal notice, bring proceedings for the enforced performance in kind of the initially requested solution, in accordance with articles 1221 and the following of the Civil Code.
Any refusal by the vendor to proceed according to the consumer’s wishes or to bring the item into compliance, must be justified in writing or on a durable medium.”
L. 217-13 of the Consumer Code:
“Any item repaired as part of the legal conformity guarantee shall benefit from a six-month extension of this guarantee.
As soon as the consumer has chosen the repair of their item, but this has not been performed by the vendor, the bringing into compliance via the replacement of the item shall trigger a new legal compliance guarantee period for the replaced item, to the benefit of the consumer. This provision shall apply as from the day on which the replacement item is delivered to the consumer.”
L. 217-14 of the Consumer Code:
“The consumer has the right to a reduction in the price of the item or the termination of the contract in the following circumstances:
1° When the professional refuses to bring the item into compliance,
2° When the item is brought into compliance after a period of thirty days following the consumer’s request or if it causes them a major inconvenience,
3° If the consumer definitively bears the recovery or collection costs of the non-compliant item, or if they bear the cost of the installation of the repaired or the replacement item or the related costs,
4° When the non-compliance of the item persists despite the vendor’s unsuccessful attempt to bring it into compliance.
The consumer also has the right to a reduction in the price of the item or the termination of the contract when the compliance defect is so serious that it justifies the immediate reduction of the price or the termination of the contract. The consumer is therefore not required to request the repair or the replacement of the item beforehand.
The consumer does not have the right to terminate the sale if the compliance defect is minor, with this being up to the vendor to demonstrate. This paragraph is not applicable to contracts in which the consumer does not proceed with the payment of a price.”
L. 217-15 of the Consumer Code:
“In the circumstances provided for in article L. 217-14, the consumer must inform the vendor of their decision to obtain a reduction in the price of the item.
The price reduction is proportional to the difference between the value of the delivered item and the value of the item in the absence of the compliance defect.”
L. 217-16 of the Consumer Code:
“In the circumstances provided for in article L. 217-14, the consumer shall inform the vendor of their decision to terminate the contract. They shall return the products to the vendor at the vendor’s expense. The vendor shall reimburse the consumer for the price paid and return any other benefit received under the contract.
If the compliance defect only applies to certain delivered products under the contract of sale, the consumer has the right to terminate the contract for all the products, even those that are not covered by this chapter if they cannot be reasonably expected to accept to keep only the compliant products.
For the contracts mentioned in II of article L.217-1, providing for the sale of products and, on an ancillary basis, the provision of services that are not covered by this chapter, the consumer has the right to terminate the entirety of the contract. In addition, in the circumstances of a bundled offer within the meaning of article L. 224-42-2, the consumer has the right to terminate all the relevant contracts.
The respective obligations of the parties under the contract, mentioned in article L. 224-25-22 and pertaining to the consequences of the termination for the digital content and the digital services, are applicable to the termination of the contract for the sale of an item containing digital elements.”
L. 217-17 of the Consumer Code:
“The reimbursement of the sums due to the consumer by the vendor under this sub-section is carried out as soon as the item is received or as soon as the proof of its despatch by the consumer is received, and within the following fourteen days at the latest.
The vendor shall reimburse these sums via the same payment method used by the consumer when concluding the contract, except in the event of the consumer’s express agreement, and in any event, without additional cost.”
Article 1641 of the Civil Code:
“The vendor is bound by the guarantee due to hidden defects of the sold product that render it unfit for its intended use, or that reduce the ability to use it as intended to the extent that the purchaser would not have bought it, or would only have bought it for a lower price, if they had been aware thereof. ”
Article 1644 of the Civil Code:
“(...) the purchaser has the choice of returning the product and being reimbursed for the price thereof, or of keeping the product and being partially reimbursed for the price thereof.”
Article 1648 of the Civil Code:
“Any legal proceedings resulting from hidden defects must be initiated by the purchaser within a period of two years as from the discovery of the defect.”
APPENDIX 2
WITHDRAWAL FORM
(Please fill out and send this form only if you wish to withdraw from the order you placed on the Website)
For the attention of the Fédération Française de Tennis – Griffe – Service Client – Stade Roland-Garros – 2 avenue Gordon Bennett – 75016 Paris
I hereby inform you of my withdrawal from the contract regarding the sale of the product hereinafter:
Ordered on: …………………………………………………………………………………………………………………………………..
Received on: ……………………………………………………………………………………………………………………………………………….
Order Number: ………………………………………………………………………………………………………………….
Purchaser’s name: …………………………………………………………………………………………………………………………….
Purchaser’s address: ………………………………………………………………………………………………………………………..
Purchaser’s signature (only in the event of a notification of this form on paper):
…………………………………………………………………………………………………………………………………………………………….
Date: …………………………………………………………………………………………………………………………………………………
