ARTICLE 1 - Terms of purchase of the Gift Card

It is specified that the Customer can, if necessary, formulate a request under the legal guarantee of conformity envisaged in articles L.217-4 and following of the code of the consumption or the guarantee of the defects of the sold thing within the meaning of articles 1641 and following of the civil code, near the guarantor salesman, that is to say the Gift Card Shop named in article 1 above.

The Gift Card Shop is held responsible for the defects of conformity of the product to the contract under the conditions of the article L.217-3 and following of the code of the consumption and for the hidden defects of the sold thing under the conditions envisaged in the articles 1641 and following of the civil code.

The Customer, when he acts in legal guarantee of conformity and as detailed below:

- has a period of two years from the delivery of the product to act;

- may choose between repair or replacement of the product, subject to the cost conditions provided for in Article L.217-12 of the Consumer Code;

- is exempted from proving the existence of the product's lack of conformity during the 24 months following its delivery.

The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.

The Customer can decide to implement the guarantee against the hidden defects of the thing sold within the meaning of the article 1641 of the civil code. In this case, the Customer can choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.

6.1 Legal guarantee of conformity ("Article L.217-1 et seq. of the Consumer Code")

If the product ordered by the Customer presents a defect of conformity existing at the time of the delivery, the Gift Card Shop commits itself to replace the product, within the limit of available stocks. In case of impossibility of replacement, the Gift Card Shop will proceed to the reimbursement of the price, after restitution of the product by the Customer.

Article L217-3 of the consumer code
"The seller delivers a good in conformity with the contract as well as with the criteria stated in article L. 217-5.

He is responsible for the defects of conformity existing at the time of the delivery of the good within the meaning of article L. 216-1, which appear within a period of two years as from this one (...)".

Article L217-4 of the code of consumption

"The good is in conformity with the contract if it meets in particular, if necessary, the following criteria:

1° It corresponds to the description, type, quantity and quality, particularly 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 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 the accessories and installation instructions to 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 criteria of conformity to the contract, the good is conform if it meets the following criteria:

1° It is fit for the purpose usually expected of a good of the same type, taking into account, where applicable, any provisions of European Union law 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° If 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, 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 goods 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 the label.

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

1° That he did not know them and was not legitimately able to know them ;

(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 decision to purchase.

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

Article L217-7 of the Consumer Code

"Defects of conformity that appear within twenty-four months of delivery of the goods, including goods with digital elements, are, unless proven otherwise, presumed to exist at the time of delivery, unless this presumption is incompatible with the nature of the goods or the defect claimed.

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

When the contract of sale of a good with digital elements provides for the continuous supply of digital content or a digital service, defects in conformity that appear :

1° During a period of two years from the delivery of the good, 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 supply ;

2° During the period during which the digital content or the digital service is provided under the contract, when the contract provides for this provision for a period of more than two years.

Article L217-8 of the Consumer Code

"In the event of a lack of conformity, the consumer has the right to have the goods repaired or replaced or, failing that, to have the price reduced or the contract rescinded, under the conditions set out in this sub-section.

The consumer also has the right to suspend payment of all or part of the price or the remittance of the benefit provided for in the contract until the seller has fulfilled his obligations under this chapter, in accordance with Articles 1219 and 1220 of the Civil Code.

The provisions of this chapter are without prejudice to the allocation of damages.

Article L217-12 of the Consumer Code

The seller may not proceed according to the choice made by the consumer if the requested compliance is impossible or involves disproportionate costs with regard to

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

2° the significance of the lack of conformity; and

3° the possibility of choosing the other option without major inconvenience to 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 1° and 2°.

When these conditions are not respected, the consumer can, after formal notice, pursue the forced execution in kind of the solution initially requested, in accordance with articles 1221 and following of the civil code.

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

Article L217-13 of the Consumer Code

"Any good repaired under the legal guarantee of conformity benefits from an extension of this guarantee of six months.

If the consumer chooses to have the goods repaired but the seller does not do so, the replacement of the goods to bring them into conformity shall give rise, for the benefit of the consumer, to a new period of legal warranty of conformity for the replaced goods. This provision applies from the day the replacement goods are delivered to the consumer.

Article L217-14 of the Consumer Code

"The consumer is entitled to a reduction in the price of the goods or to rescission of the contract in the following cases:

1° When the professional refuses any compliance ;

2° When the conformity is achieved after a period of thirty days following the consumer's request or if it causes him a major inconvenience;

3. If the consumer definitively bears the cost of taking back or removing the non-conforming goods, or if he bears the installation of the repaired or replacement goods or the related costs;

4. If the non-conformity of the goods persists despite the seller's attempt to bring them into conformity, which has been unsuccessful.

The consumer is also entitled to a reduction in the price of the goods or to rescission of the contract when the lack of conformity is so serious that it justifies the reduction in price or the rescission of the contract being immediate. The consumer is then not obliged to ask for the repair or replacement of the goods beforehand.

The consumer shall not be entitled to rescind the sale if the lack of conformity is minor, which the seller shall have the burden of proof. This paragraph does not apply to contracts in which the consumer does not pay a price.

Article L217-17 of the Consumer Code

"The reimbursement to the consumer of the sums owed by the seller under this subsection shall be made upon receipt of the goods or proof of their return by the consumer and no later than fourteen days thereafter.

The seller shall reimburse these sums using the same means of payment as the one used by the consumer at the time of the conclusion of the contract, except with the express agreement of the latter and in any case without additional cost.

Article L217-28 of the Consumer Code

"When the consumer asks the guarantor, during the course of the legal guarantee or the commercial guarantee that was granted to him at the time of the acquisition or repair of a good, for a repair covered by this guarantee, any period of immobilization suspends the guarantee that remained to run until the delivery of the repaired good.

This period shall run from the time of the consumer's request for intervention or the time the goods are made available for repair or replacement, if this starting point is more favorable to the consumer.

The warranty period is also suspended when the consumer and the guarantor enter into negotiations for an amicable settlement.

Article L217-30 of the Consumer Code

"The provisions of this chapter do not deprive the consumer of the right to exercise the action resulting from the guarantee of hidden defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature which is recognized by the law.

6.2 Warranty for hidden defects (articles 1641 to 1648 of the civil code)

In case of hidden defects, the Gift Card Shop commits itself to refund the total price of the product, after restitution of the product by the Customer, or the price arbitrated by expert, if the Customer chooses to keep the product.

" Article 1641 of the civil code

The seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given a lower price, if he had known them.

Article 1642 of the Civil Code

The seller is not bound by apparent defects of which the buyer could convince himself.

Article 1643 of the civil code

The seller is bound by hidden defects, even if he did not know about them, unless, in this case, he stipulated that he will not be obliged to provide any guarantee.

Article 1644 of the Civil Code

In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price returned, or keeping the thing and having part of the price returned.

Article 1645 of the civil code

If the seller knew of the defects of the thing, he is bound, in addition to the restitution of the price he received, to pay all damages to the buyer.

Article 1646 of the civil code

If the seller was unaware of the defects of the thing, he will be held only to the restitution of the price, and to refund to the purchaser the expenses caused by the sale.

Article 1647 of the civil code

If the thing which had defects has perished as a result of its bad quality, the loss is for the seller, who will be held towards the buyer to the restitution of the price and to the other compensations explained in the two preceding articles.

But the loss that occurs by chance will be for the buyer's account.

Article 1648 paragraph¹ of the Civil Code

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

6.3 Terms of implementation

In order to take advantage of the applicable warranty under the conditions mentioned above, the Customer must send a complaint to the Gift Card Shop describing the defect and/or the fault of the product.

Upon receipt, the Customer will be informed whether or not the warranty claim will be taken into account, as well as the terms and conditions of the possible coverage, in accordance with the conditions mentioned above.

Article 7- Applicable law - Disputes - Consumer Ombudsman